BANCROFT 
LIBRARY 

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THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


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V 


REVISED  LAWS  OF  NEVADA 

CONTAINING 

STATE  STATUTES  OF  A  GENERAL  NATURE  FROM  1861 
REVISED  TO  1912,  AND  PERTINENT  ACTS  OF  CONGRESS 
WITH  ANNOTATIONS  FROM  VOLUMES  1  TO  34,  NEVADA 
REPORTS,  AND  FROM  FEDERAL  AND  STATE  DECISIONS 


Prepared  under  legislative  enactment,  by 

JAMES  G.  SWEENEY 
G.  F.  TALBOT 
F.  H.  NORCROSS 
Justices  of  the  Supreme  Court 


VOLUME  2 

Sections  4828  to  7634,  inclusive 


CARSON  CITY,  NEVADA 
JOE  FARNSWORTH,  Superintendent  of  State  Printing 

1912 


V, 


iGBAPffi; 


BONT&SUABEL> 


-  -  ...-•.; ' 


ALPHABETICAL  LIST  OF  TITLES 


This  list  covers  the  main  titles,,  but  does  not  contain  a  direct  reference  to 
all  the  duties  of  officers  or  all  the  various  subjects  found  in  the  numerous 
acts  which  are  detailed  in  the  table  of  contents  and  index. 

SECTIONS  PAGE 

Adjutant-General 3991  1158 

4056  1171 

4080  1175 

4250  1218 

Adoption  of  Children 5825-5834  1697 

Age  of  Majority 431  137 

Agriculture  and  Horticulture 432-  476  138 

4655  1328 

Apiaries 477-  481  148 

Apprentices 482-  497  149 

Artesian  Well  Bounties 702-  717  212 

Articles  of  Confederation 71-     85  13 

Assessors 1569-1581  455 

1586  459 

Attorney-General 312,    315  90 

4128-4147  1188 

Attorneys 498-  525  152 

Auditor,  State . 4148-4153  1193 

Authentication  of  Records 526-  529  156 

Bailment 530-  542  158 

Bankruptcy 543-  615  161 

Banks  and  Banking 616-  694  191 

Benevolent  and  Other  Societies 1390-1397  399 

Board  of  Examiners 314  91 

4455-4481  1267 

Bonds 695-  701  210 

Bonds  and  Undertakings 695-  701  210 

Bounties 702-  727  212 

Bureau  of  Industry,  Agriculture  and  Irrigation 4486-4494  1274 

Bureau  of  Animal  Industry 4390  1249 

Capitol   Commissioners 4411-4426  1257 

Carey  Act 3063-3097  872 

Children 728-  766  218 

Cities  and  Towns 345  103 

767-  999  233 

Civil  Practice 4943-5856  1433 

Commander-in-Chief 3967  1154 

3988  1158 

4060,  4064  1172 

4071  1173 

4078  1174 

Commissioner  of  Deeds 1000-1004  294 

Compilation  of  Laws 1005-1016  295 

Constables 1692  481 

4928  1413 

Constitution  of  the  United  States 86-  191  19 

Constitution  of  Nevada....                                                                                      ..  226-  427  61 ' 


iv  ALPHABETICAL  LIST  OF  TITLES 

SECTIONS  PAGE 

Controller , 312  90 

315  92 

380  114 

4154-4189  1195 

Conveyances 1017-1104  297 

1629  469 

1635,  1636  470 

Coroners ". 7542-7560  2087 

Corporations 338-  344  102 

1105-1440  318 

Counties 1441-1500  412 

County  Auditors 1554-1592  452 

County  Clerks '... 290  85 

1505  436 

1612  465 

1690  481 

County  Commissioners 284  84 

1501-1568  435 

877-  998  264 

County  Government  and  County  Officers 283  83 

290  85 

347  103 

367  111 

375  113 

1501-1701  435 

County  Recorders 1628-1642  469 

County  Surveyors 1664-1674  476 

County  Treasurers 1675-1688  478 

Courts  and  Court  Officers 316-  333  92 

336  101 

380  114 

4828-4928  1389 

Crimes  and  Punishments 235-  237  65 

6266-6850  1804 

Criminal  Practice .'. 6851-7560  1945 

Deaf,  Dumb  and  Blind 365  111 

1702-1704  485 

Declaration  of  Independence 65-    70  10 

Dental  -Examiners 4427-4444  1260 

Desert  Land  Entries : 3150-3162  906 

District  Attorneys 1593-1612  461 

District  Court  Rules 1425 

Divorce  ; 5838-5845  1700 

Election  of  United  States  Senator • 292  86 

1896-1914  546 

Elections  250-  255  69 

371  112 

373  113 

413  122 

1705-1914  487 

Embalmers  4445-4454  1265 

Employer  and  Employee 1915-1945  550 

6778-6801  1923 

Estates  of  Deceased  Persons 5857-6148  1713 

Explosives 1946-1948  560 

.Federal  Jurisdiction...                                                                                            ...1949-1952  561 


ALPHABETICAL  LIST  OF  TITLES  v 

SECTIONS  PAGE 

Federal  Townsites 1953-1993  562 

Fees  '. 1994-2046  578 

Fish  and  Game 2047-2113  595 

Fish  Commissioners 4482-4485  1273 

Forestry 2114-2120  608 

Franchises 2121-2141  610 

Fraternal  Societies 1410-1423  405 

Game  and  Fish 2047-2113  595 

General  Rules  of  Construction ! 127 

Governor 293-  309  87 

380  114 

3967  1154 

4004  1161 

4190-4197  1205 

Guardians '. 6149-6201  1772 

Habeas   Corpus 234  64 

6226-6265  1787 

Homestead  Entries 3115-3135  896 

Homesteads 288  84 

2142-2150  615 

Hotels  and  Lodging-Houses 2151-2154  619 

Husband  and  Wife 2155-2194  620 

Inspector  of  Mines 4198-4239  1207 

Insurance  1266-1329  368 

Insane 365  111 

2195-2212  629 

Jails  7603-7622  2102 

1646  473 

Jurors  and  Juries 232  64 

4929-4942  1414 

Justices  of  the  Peace 323  97 

1689  481 

4038  1107 

4926  1413 

5714  1670 

6927  1957 

7470-7524  2076 

Juvenile  Court ..._ 728-  756  218 

Legislature  259-  293  74 

334-  337  101 

338-  350  102 

374  113 

4111  1184 

License  and  Bullion  Tax  Agent 4240-4248  1216 

Licenses 3867-3904  1130 

Liens 2213-2232  634 

Lieutenant-Governor 310,   311  90 

4249. 4250  1218 

Literary  Societies 1365-1372  394 

Live  Stock 2233-2337  643 

Magna  Carta 1-     64  1 

Marriage 289  85 

2338-2357  666 

Medicine,  Surgery  and  Obstetrics 2358-2374  670 

Mines  and  Mining 2375-2496  676 

Money  and  Interest....                                                                                           ....2497-2501  751 


vi  ALPHABETICAL  LIST  OF  TITLES 

SECTIONS  PAGE 

Names  and  Emblems 2502-2505  752 

Naturalization . 2506-2544  754 

Negotiable  Instruments 2548-2744  769 

Nevada  Historical  Society 2545-2547  768 

Notaries  Public 2745-2764  796 

Noxious  Animal  Bounties 718-  727  216 

Officers  Generally 2765-2866  799 

Official  Advertising 2867  820 

Official  Bonds 2868-2890  821 

Official  Oath 2891  826 

Optometry 2892-2896  827 

Pardons  and  Paroles — Laws  and  Rules 307  89 

7623-7634  2109 

Partnership 2897-2914  828 

Pharmacy  Board 4495-4514  1278 

Poor  and  Poor  Laws : 2915-2928  832 

Primary  Election 1737-1766  501 

Proclamation  of  Admission  of  Nevada : 430  134 

Public  Administrators 1615-1627  466 

Public  Documents  and  Reports 2929-2951  836 

Public  Health 2952-3003  841 

Public  Highways  3004-3062  855 

Public  Lands 3063-3226  870 

Public  Libraries 3227-3231  935 

Public  Records 3232  936 

Public  Safety 3233-3238  937 

Public  Schools 353-  355  106 

362  110 

3239-3478  939 

Public  Service  Commission 4515-4548  1283 

Public  Supplies 3479,3480  1000 

Public  Work 3481-3485  1001 

Pure  Food  Law '. 3486-3510  1002 

Railroads 3511r-3601  1008 

Real  Estate 3602-3608  1038 

Reclamation  Act 3098-3114  890 

Registration  1705-1735  487 

Religious  Societies 1425-1439  408 

Residence  , 3609-3616  1040 

Revenue 3617-3904  1042 

Rewards ... 3905-3907  1139 

Rights  of  Way  Over  Public  Lands 3169  912 

3171, 3172  914 
1334 

Salaries  of  State  Officers 4192-4391  1205 

Salaries  of  State  Officers,  Schedule  of  Sections 4391  1250 

Sales  of  Merchandise 3908-3912  1140 

Sales  of  Unclaimed  Property 530-  542  158 

Secretary  of  State 312-  315  90 

380  114 

4056  1171 

4251-4290  1219 

Sheep  Commission . 4586-4602  1310 

Sheriffs  1643-1663,1692  472 

Signature  by  Mark 3913  1142 

Soldiers  ....3914, 3915  1142 


ALPHABETICAL  LIST  OF  TITLES  vii 

SECTIONS  PAGE 

State  Agricultural  Society 3916-3932  1143 

State  Armory  Building 3933  1146 

State  Boards,  Bureaus  and  Commissions 4405-4602  1255 

State  Boundary 3934  1146 

State  Enabling  Act 209-  225  56 

State  Exhibits 3935-3940  1147 

State  Hygienic  Laboratory 3941-3945  1148 

State  Library 3946-3964  1149 

State  Militia 240,  241  67 

,  363,  364  110 

3965-4086  1153 

State  Officers 4109-4401  1182 

State  Orphans'  Home 4087-4108  1176 

State  Police 4271-4304  1224 

State  Printing  Office 4327-4340  1234 

State  Prison 314  91 

366  111 

7561-7602  2091 

State  Railroad  Commission 4549-4585  1293 

State  Seal 4402-4404  1254 

State  Treasurer 312  90 

315  92 

380  114 

4360-4375  1242 

State  Weather  Service  Bureau 4405-4410  1256 

Superintendent  of  Public  Instruction 4345,  4346  1239 

Superintendent  of  State  Printing 4305-4340  1230 

Supreme  Court  Rules 1421 

Surveyor-General 312  90 

315  92 

4347-4359  1239 

Taxation  and  Revenue 3617-3904  1044 

Telegraph  4603-4630  1314 

Telephone 4631-4634  1322 

Territorial  Enabling  Act 192-  208  49 

Town  Government 877-  998  264 

University  of  Nevada 356-  362  109 

4638-4670  1323 

Veterinarian 4376-4390  1246 

Virginia  City  School  of  Mines 4671  1333 

Water— Acts  of  Congress,  Decisions  and  State  Statutes 4672-4791  1333 

Weights  and  Measures 4792-4827  1381 

Wills...  ....6202-6225  1783 


LAWS  OF  THE  UNITED  STATES 

Included  in  this  Compilation 

SECTIONS  PAGE 

Agricultural  Colleges  and  Experiment  Stations 4655  1328 

Authentication  of  Records 1 526-  528  156 

Bankruptcy.. , 543-  615  161 

Bureau  of  Animal  Industry 4390  1249 

Carey  Act 3063-3097  872 

Constitution  86-  190  19 

Desert  Land  Entries 3150-3162  906 

Election  of  United  States  Senator 1901-1906  546 

Enabling  Act,  State  of  Nevada 209-  220  56 

Evidence  of  United  States  Laws 529  158 

Homestead  Entries 288  84 

i  Homestead  Entries  on  Forest  Reserves,  Act  of  1911 3134,  3135  902 

Land  Laws 3063-3195  872 

Mines  and  Mining 2375-2421  677 

Naturalization 2506-2544  754 

Organization  of  Territory  of  Nevada 192-  208  49 

Rights  of  Way  Over  Public  Lands , 3169  912 

3171, 3172  914 

Townsites  on  Public  Domain 1953-1979  562 

Water....                                                                                                                   ....4672-4791  1333 


i  Kegarding  homestead  entries  on  forest  reserves,  see  also  act  of  June  11,  1906,  34  U.  S. 
Stats.  L.,  p.  233,  and  National  Forest  Reserve  Use  Book. 


TABLE  OF  CONTENTS 

NUMERICAL  LIST  OF  TITLES,  SUBTITLES,  ACTS,  AND  CHAPTERS  OF 
ACTS  HAVING  CHAPTERS 

Schedules  of  acts  will  be  found  at  the  heads  of  titles,  and  section  schedules 
will  be  found  at  the  heads  of  acts  or  chapters  containing  more  than  a  few 
sections. 

VOLUME  1 

PART      I  SECTIONS  PAGE 

Magna   Carta 1-    64  1 

Declaration  of  Independence 65-    70  9 

Articles  of  Confederation 71-    85  13 

Constitution  of  the  United  States 86-  191  19 

Territorial  Enabling  Act 192-  208  49 

State  Enabling  Act : 209-  225  56 

Constitution  of  Nevada 226-  427  61 

Historical  data  regarding  early  government 428,    429  129 

Proclamation  of  President  Lincoln  announcing  the  admission  of  Nevada 430  135 

PART  II 

AGE  OF  MAJORITY 

Act  fixing  age  of  majority 431         137 

AGRICULTURE  AND  HORTICULTURE 

Agricultural  districts 432-  439  138 

Aid  to  district  agricultural  associations 440-  444  139 

Resident  selling  own  products  exempt  from  license 445  140 

Horticultural  commissioner 446-  453  141 

Extermination  of  field  mice  and  vermin 454-  455  142 

Agricultural  experiment  station 456-  464  143 

Agricultural  experiment  farm  at  Logan 465-  470  145 

Experiment  dry  farm  at  Pleasant  Valley 471-  476  146 

APIARIES 

Prevention  of  disease — Appointment  and  duties  of  inspector 477-  481        148 

APPRENTICES 
General  act  concerning  apprentices 482-  497        149 

ATTORNEYS 

Act  relative  to  attorneys  and  counselors  at  law 498-  525        152 

AUTHENTICATION  OF  RECORDS 

Sections  from  the  Revised  Statutes  of  the  United  States 526-  529        156 

BAILMENTS 
Relating  to  sales  of  unclaimed  property 530-  542        158 

BANKRUPTCY 

Act  of  Congress  of  1898,  with  amendments  of  1903,  1906  and  1910 543-  615         161 

BANKS  AND  BANKING 
General  act  regulating 616-  694         190 


x  TABLE  OF  CONTENTS 

BONDS  AND  UNDERTAKINGS                SECTIONS  PAGE 

By  surety  companies 695-  701  210 

BOUNTIES 

Artesian,  oil  and  natural-gas  wells >. 702-  717  212 

Destruction  of  noxious  animals 718-  727  216 

CHILDREN 

Juvenile  court  law : 728-  756  218 

Contributory  dependency  and  contributory  delinquency 757-  764  230 

Illegitimate   children 765,    766  232 

(Adoption  of  children) , 5825-5834  1697 

CITIES  AND  TOWNS 

Incorporation,  classification,  government  and  disincorporation  of  cities 767-  876  233 

Government  of  towns  and  cities 877-  893  264 

Transfer  of  surplus  funds  of  unincorporated  towns 894  273 

Creation  of  fire  department  fund  for  towns 895-  902  273 

Fire  wardens  in  unincorporated  towns 903-  907  274 

Policemen  in  unincorporated  towns 908-  918  275 

Abatement  of  nuisances  in  unincorporated  towns 919-  921  277 

Improvement  of  streets  and  alleys  in  unincorporated  towns 922-  939  278 

Acquisition  by  unincorporated  towns  of  water,  light  and  sewer  systems 940-  953  281 

Apportionment  of  licenses  in  unincorporated  towns 954  284 

Platting  of  land  into  lots  and  streets  and  approval  of  plats 955-  966  285 

Disincorporation  of  cities  and  towns  incorporated  under  territorial  laws 967-  974  287 

Limitation  of  tax  rate  in  cities  and  towns 975-  983  288 

Bonds  for  sewerage  systems  in  unincorporated  cities  and  towns 984-  990  290 

Bonds  for  municipal  improvements  and  special  assessments 991-  998  292 

Exemption  of  unincorporated  cities  and  towns  from  payment  of  costs  in 

tax   suits 999  293 

COMMISSIONERS  OF  DEEDS 

Act  relating  to  appointment,  duties  and  fee 1000-1004  294 

COMPILATION 

Compilation  and  force  of  these  laws  as  evidence 1005-1016  295 

CONVEYANCES 

General   act 1017-1092  297 

Supplemental  act  concerning  county  records  and  certified  copies 1093, 1094  315 

Act  providing  that  the  word  "seal"  is  unnecessary 1095  315 

Act  concerning  conveyances  executed  out  of  the  state.... 1096, 1097  316 

Act  requiring  officers  taking  acknowledgments  to  keep  record 1098, 1099  316 

Act  to  provide  for  conveyance  of  mining  claims 1100-1102  316 

Act  concerning  conveyance  of  mining  claims  by  minors 1103, 1104  317 

County  recorders  may  take  acknowledgments 1629  469 

Records  to  impart  notice 1635  470 

Certified  copies  are  evidence 1636  471 

CORPORATIONS 

General  incorporation  law 1105-1215  319 

Act  to  enable  mining  companies  to  consolidate 1216-1218  351 

Old  general  corporation  law 1219-1241  352 

Formation  of  surety  companies 1242-1248  361 

Incorporation  of  cooperative  associations 1249-1260  362 

Franchises  for  electric  light,  heat  and  power  companies 1261-1264  366 

Act  providing  that  gas  companies  may  erect  buildings  and  lay  pipes 1265  367 

Act  to  license  and  regulate  insurance  business 1266-1284  368 

Act  to  provide  for  the  incorporation  of  mutual  fire  insurance  companies 1285-1303  372 


TABLE  OF  CONTENTS  xi 

CORPORATIONS — Continued                            SECTIONS  PAGE 
Act  relating  to  reinsurance  and  transaction  of  business  by  fire  insurance 

companies 1304-1309  378 

Act  relating  to  life,  health,  accident  and  endowment  insurance  on  assess- 
ment plan 1310-1326  379 

Act  requiring  insurance  companies  to  make  annual  statements 1327-1329  384 

Act  requiring  mining  companies  to  file  and  mail  statements 1330-1340  384 

Act  to  encourage  construction  of  cheap  transportation  lines 1341-1345  388 

Act  requiring  foreign  corporations  to  furnish  evidence  of  their  incorpora- 
tion  1346,  1347  390 

Act  requiring  foreign  corporations  to  qualify,  and  regulating  business 134.8-1350  390 

Act  requiring  foreign  corporations  to  publish  annual  statements 1351-1354  391 

Act  giving  foreign  corporations  benefit  of  statute  of  limitations 1355  392 

Act  for  regulation  of  foreign  building  and  loan  societies 1356-1360  392 

Act  requiring  nonresident  joint-stock  companies  to  furnish  security  before 

doing    business 1361-1364  393 

Schedule  of  other  acts  pertaining  to  corporations 1440  411 

FRATERNAL,  BENEVOLENT,  LITERARY,  RELIGIOUS  AND 

ELEEMOSYNARY  SOCIETIES 
Act  to  provide  for  incorporation  of  religious,  charitable,  literary,  scientific 

and  other  associations 1365-1372  394 

Corporations  for  prevention  of  cruelty  to  animals , 1373-1381  395 

Organization  of  historical  and  other  literary  societies 1382-1389  398 

Incorporation  of  hospitals  and  asylums 1390-1397  399 

Incorporation  of  rural  cemetery  associations 1398-1409  401 

Act  incorporating  Ancient  Order  of  Hibernians 1410-1415  405 

Act  incorporating  Grand  Lodge  Knights  of  Pythias 1416, 1417  406 

Act  incorporating  Grand  Lodge  Free  and  Accepted  Masons  and  Grand 

Lodge  Independent  Order  of  Odd  Fellows 1418-1423  406 

Act  extending  provisions  of  above  act 1424  407 

Act  incorporating  Protestant  Episcopal  churches 1425-1433  408 

Act  incorporating  Women's  Christian  Temperance  Union 1434-1439  410 

List  of  other  acts  relating  to  corporations 1440  411 

COUNTIES 

Creation,  boundaries,  county-seats 1441-1500  412 

Churchill  County 1449,1453  415 

Clark  County 1456,1457  418 

Douglas    County 1442,1450  413 

Elko    County 1458  418 

Esmeralda  County 1441, 1450,  1461  413 

Eureka  County 1462, 1464, 1465  420 

Humboldt  County ; 1448,1466  415 

Lander  County 1467-1470  422 

Lincoln  County 1471-1473  424 

Lyon  County 1445,1477, 1478  414 

Mineral  County 1479,1480  426 

Nye  County 1481,1482  427 

Ormsby  County 1443, 1450  413 

Storey  County 1446, 1450  414 

Washoe  County 1444,  1447,  1450,  1483-1485  414 

White  Pine  County 1486, 1488  429 

Survey  and  establishment  of  county  boundaries 1489-1495  431 

Removal  of  county-seats 1496-1500  432 

COUNTY  GOVERNMENT 

COUNTY  COMMISSIONERS 

Acts  creating  and  defining  powers  of  boards  of  county  commissioners 1501-1530  435 


xii  TABLE  OF  CONTENTS 

COUNTY  COMMISSIONEES— Continued  SECTIONS  PAGE 

Act  relating  to  election  of  county  commissioners  by  districts 1531-1534  447 

Act  regarding  demands  against  counties 1535, 1536  448 

Act  prohibiting  county  commissioners  from  contracting  beyond  term 1537, 1538  449 

No  officer  excepting  board  of  county  commissioners  to  contract  for  county..  1539  449 
Act  authorizing  county  commissioners  to  loan  or  transfer  money  from  one 

fund  to  another 1540  449 

Act  providing  for  publication  of  bills  allowed  against  county 1541-1543  450 

Act  relating  to  payment  of  expenses  for  transporting  prisoners 1544, 1545  450 

Act  fixing  number  and  compensation  of  county  commissioners 1546-1548  451 

Act  creating  board  of  examiners 1549-1551  451 

Act  authorizing  county  commissioners  to  build  or  purchase  buildings 1552-1554  452 

Act  authorizing  county  commissioners  to  apportion  revenues 1554-1559  452 

Act  authorizing  boards  of  county  commissioners  to  procure  alphabetical 

index  of  their  records 1560, 1561  453 

Act  defining  duties  of  county  commissioners  and  district  attorneys  relative 

to  abatement  of  nuisances 1562  454 

Act  relating  to  county  certificates  of  indebtedness,  or  warrants 1563  454 

Act  prescribing  office  hours  for  county  officers 1564, 1565  455 

County  commissioners  may  grant  leave  of  absence  to  county  officers 1566-1568  455 

ASSESSORS 
Act  relating  to  election,  powers,  duties,   compensation   and  deputies   of 

assessors  . 1569-1581,  1586  455 

AUDITORS 

Apportionment  of  county  revenues 1554-1559  452 

Warrants  payable  in  order  of  issuance 1563  454 

Acts  relating  to  auditors  and  county  indebtedness 1582-1592  458 

DISTRICT  ATTORNEYS 

Election,  bond,  duties 1593-1607  461 

To  report  to  attorney-general,  and  partner  not  to  act  in  criminal  cases 1608-1612  461 

COUNTY  CLERKS 

Schedule  of  sections  relating  to  election,  powers  and  duties  of  county  clerks..          1612  465 

Qualification  and  additional  duties ! 1690, 1691  481 

Not  to  charge  for  oath  to  claim  and  may  retain  certain  fees 1613, 1614  465 

PUBLIC  ADMINISTRATORS 

Election,  qualification,  duties,  powers 1615-1627  466 

COUNTY  RECORDERS 

Qualification,  powers,   duties,   deputies 1628-1642  469 

May  take  acknowledgments • 1629  469 

Records  to  impart  notice „ 1635  470 

Certified  copies  are  evidence 1636  471 

County  recorders  to  subscribe  for  and  preserve  newspapers 1639, 1640  471 

SHERIFFS 

Election,  qualification,  duties,  deputies 1643-1663, 1692  472 

Successor  may  execute  deed 1662, 1663  476 

COUNTY  SURVEYORS 

Election,  qualification,  duties,  deputies 1664-1674  476 

COUNTY  TREASURERS 

Qualification,  duties,  deputies 1675-1686  478 

Placing  funds  in  bank,  restrictions,  responsibility 1687, 1688  480 

JUSTICES  OF  THE  PEACE 

Conservators  of  the  peace....                                                                                           1689  481 


TABLE  OF  CONTENTS  xiii 

CONSTABLES  SECTIONS      PAGE 

Service  of  process,  duties.: 1692        481 

COUNTY  OFFICERS 

Office  hours 1564,1565  455 

Deputies,  jailers,  compensation,  fees  and  salaries 1693-1701  482 

Salaried  officers  to  pay  fees  to  county  treasurer 1696-1700  482 

Fees  payable  in  advance,  liability  of  bondsmen 1699  483 

State  to  allow  part  compensation  of  revenue  officers 1701  484 

DEAF,  DUMB,  AND  BLIND 
Support  and  education 1702-1704        485 

ELECTIONS 

REGISTRATION 

Act  to  provide  for  the  registration  of  electors 1705-1719        487 

Act  supplemental  to  act  to  provide  for  registration  of  voters,  and  allowing 

county  commissioners  to  publish  list  of  voters 1720        496 

Act  to  provide  for  registration  of  voters  in  case  of  death  or  resignation  of 

registry  agent 1721-1725        496 

Act  to  provide  for  registration  of  electors  in  certain  incorporated  cities 1726-1732        497 

Separate  registration  for  out-of-town  voters  in  precincts  containing  cities 

and  towns 1866,1867        540 

Act  providing  that  registration  at  the  primary  will  be  sufficient  for  voting 

at  general  election 1733        500 

Act  requiring  registry  agents  to  file  list  of  registered  voters  with  county 

clerk  and  secretary  of  state 1734, 1735        500 

PRIMARY  ELECTION 
Act  to  provide  for  direct  nomination  of  candidates  for  public  office  by 

electors : 1736-1766        501 

GENERAL  ELECTION 

General  act  relating  to  elections 1767-1832        515 

Act  relating  to  elections  and  to  more  fully  secure  the  secrecy  of  the  ballot 

(Australian  ballot  law) 1833-1862        531 

Act  requiring  rejected  ballots  to  be  canvassed  on  separate  sheet 1863        539 

Act  prohibiting  officers  from  marking  ballots  except  to  indorse  reasons  for 

rejection 1864        540 

Act  relating  to  elections,  requiring  that  no  precinct  shall  have  more  than 

400  voters 1865 

Act  concerning  election  of  town  and  city  officers ....1866-1871 

Act  providing  for  closing  of  polls  when  all  votes  of  precinct  have  been  cast          1872        541 
Act  to  provide  for  transmission  of  ballots,  poll  books  and  tally  lists  by  mail 

in  certain  cases ....1873-1877        542 

Act  providing  for  manner  of  submitting  constitutional  amendments  to  the 

'   voters  of  the  state 1878-1881        542 

Act  to  provide  for  submitting  certain  acts  of  the  legislature  to  the  electors 

under  the  referendum  provisions  of  the  constitution.... 
Act  to  provide  for  the  taking  of  the  votes  of  electors  of  the  state  who  may 

be  in  the  military  service  of  the  United  States 

Act  limiting  the  time  in  which  proceedings  for  contesting  the  election  of 

any  officer  may  be  begun MM, 189*        5^6 

ELECTION  OF  UNITED  STATES  SENATOR 
Act  to  secure  the  election  of  United  States  senators  in  accordance  with 

the  will  of  the  people  and  the  choice  of  the  electors 

Statutes  of  the  United  States  relative  to  election  of  United  States  senators 

by  the  legislature 

Act  prescribing  manner  of  electing  United  States  senators.... 


xiv  TABLE  OF  CONTENTS 

EMPLOYER  AND  EMPLOYEE                 SECTIONS  PAGE 

Employers'  liability  act . 1915-1928  550 

Act  to   provide   for   arbitration   of   differences   between   employers    and 

employees  1929-1935  565 

Act  to  prohibit  false  advertising  or  deception  in  procuring  employees  to 

work 1936-1938  557 

Act  prohibiting  the  issuance  of  non-negotiable  acknowledgments  of  indebt- 
edness in  payment  for  wages 1939, 1940  558 

Act  specifying  that  men  working  on  the  surface  of  underground  mines  shall 

not  labor  more  than  eight  hours  in  one  day 1941, 1942  558 

Other  eight-hour  laws 3597-3599  1037 

6554-6560  1869 

Act  making  it  a  misdemeanor  to  collect  hospital  fees  in  certain  cases 1943-1945  559 

EXPLOSIVES 

Restriction  on  storage 1946-1948        560 

FEDERAL  JURISDICTION 

Act  ceding  jurisdiction  over  certain  lands  owned  by  the  United  States 1949, 1950         561 

Act  ceding  jurisdiction  over  certain  lands  to  be  acquired  by  the  United 

States 1951,1952        561 

FEDERAL  TOWNSITES 

United  States  statutes  relating  to  townsites 1953-1979        562 

Act  prescribing  regulations  for  the  execution  of  the  trust  under  the  act 
of  Congress  of  March  2,  1867,  providing  for  the  patenting  of  townsites 
and  the  relief  of  inhabitants  of  cities  and  towns  upon  the  public  lands.. 1980-1988  573 

Act  amendatory  of  that  act 1989-1991         577 

Act  supplementary  to  the  first-named  act 1992, 1993         577 

FEES 

Fees  in  compensation  for  official  and  other  services 1994-2044  578 

Fees  for  certified  copies  of  records  or  documents 2045  594 

Fees  for  recording  certificates  of  labor 2046  594 

FISH  AND  GAME 

Act  to  provide  for  the  preservation  of  fish 2047-2051  595 

Act  to  provide  for  appointment  and  defining  duties  and  compensation  of 

fish  and  game  wardens 2052-2055  597 

Act  giving  authority  to  county  commissioners  to  extend  close  season  for 

fishing  2056-2058  597 

Act  to  provide  for  the  preservation  of  fish 2059-2075  598 

Act  to  provide  for  the  establishment  of  private  fish  hatcheries 2076-2084  601 

Act  for  protection  of  game,  beaver,  plume  and  song  birds 2085-2100  603 

Act  to  regulate  and  license  hunting  of  game  birds  and  animals  and  catch- 
ing fish 2101-2112  606 

Act  to  prevent  shipment  of  wild  game 2113  608 

FORESTRY 

Act  to  provide  for  protection  of  timbered  lands ....2114-2117        608 

Act  to  preserve  young  forest  trees 2118-2120        609 

FRANCHISES 

Act  to  provide  for  the  sale  of  street  railway  franchises  in  towns 2121-2128        610 

Act  concerning  the  granting  of  franchises  by  boards  of  county  commis- 
sioners   2129-2141  611 

HOMESTEADS 

Act  to  exempt  the  homestead  and  other  property  from  forced  sale  in  certain 

cases ....2142-2150         615 


TABLE  OF  CONTENTS  xv 

HOTELS  AND  LODGING-HOUSES            SECTIONS  PAGE 

Act  for  protection  of  proprietors  of  hotels  and  lodging-houses 2151-2154  619 

HUSBAND  AND  WIFE 

Act  defining  rights  of  husband  and  wife 2155-2189  621 

Act  to  authorize  married  women  to  transact  business  as  sole  traders 2190-2194  627 

INSANE 

Act  concerning  insane;  location  of  asylum 2195  629 

Act  to  fix  legal  name  of  institution  for  care  of  indigent  insane 2196,  2197  629 

Act  creating  board  of  commissioners  for  care  of  indigent  insane 2198,  2199  629 

Acts  relating  to  care  of  insane 2200-2207  630 

Act  to  provide  for  transfer  of  insane  convicts 2208,  2209  632 

Act  to  provide  for  commitment  of  insane  persons 2210  633 

Act  to  provide  for  admission  of  certain  persons  into  insane  asylum 2211,  2212  633 

LIENS 

Act  to  secure  liens  to  mechanics  and  others 2213-2231  634 

Act  to  secure  liens  to  ranchmen  and  other  persons 2232  642 

LIVE  STOCK 

Act  to  regulate  marks  and  brands....  ....2233-2242  643 

Act  regulating  use  of  marks  and  brands 2243-2248  645 

Act  concerning  unlawful  stock 2249-2260,  646 

Act  to  prohibit  certain  live  stock  from  running  at  large 2261-2265  648 

Act  to  protect  live  stock  from  disease 2266-2268  649 

Act  to  prevent  the  spread  of  contagious  diseases  among  live  stock 2269-2271  650 

Act  to  provide  for  immediate  destruction  of  animals  dying  of  contagious 

diseases  2272,2273  650 

Act  concerning  estray  animals 2274-2284  651 

Act  to  provide  for  appointment  of  inspectors  of  hides 2285,  2286  653 

Act  to  protect  horse  growers 2287,  2288  654 

Act  providing  for  inspection  of  horses 2289-2296  654 

Act  authorizing  destruction  of  wild  unbranded  stallions 2297  656 

Acts  to  prevent  dissemination  of  contagious  diseases  among  sheep 2298-2316  657 

Act  to  prohibit  herding  or  grazing  of  sheep  within  three  miles  of  any 

town  or  village 2317,2318  662 

Act  in  relation  to  herding,  grazing  and  driving  of  sheep 2319-2321  662 

Act  to  prohibit  swine  from  running  at  large 2322-2324  662 

Act  to  make  it  unlawful  for  the  owner  of  swine  or  goats  to  allow  them 

to  run  at  large  during  a  certain  period  of  the  year 2325-2327  663 

Act  relating  to  trespass  of  swine,  sheep  and  goats 2328-2331  663 

Act  to  prevent  trespassing  of  animals  upon  private  property 2332-2334  664 

Act  to  prevent  trespass  upon  real  estate  by  live  stock 2335-2337  665 

MARRIAGE 

Part  of  marriage  and  divorce  act  relating  to  marriage 2338-2357  666 

Part  of  this  act  relative  to  divorce 5838-5845  1700 

MEDICINE,  SURGERY  AND  OBSTETRICS 

Act  relating  to  practice 2358-2374  670 

MINES  AND  MINING 

FEDERAL  LAWS 
General  mining  laws  of  United  States  relating  to  lode  and  placer  claims, 

tunnels  and  millsites,  appearing  in  U.  S.  Revised  Statutes 2375-2391  677 

2396-2407  702 


xvi  TABLE  OF  CONTENTS 

MINING — FEDEKAL  LAWS — Continued  SECTIONS       PAGE 

Amendment  of  1875,  providing  that  money  expended  on  tunnel  shall  be 

considered  as  expended  on  claim 

Amendment  of  1882,  providing  that  adverse  claims  may  be  verified  by 

agents  and  affidavits  of  citizenship  of  applicants  for  mineral  patents 

may  be  made  out  of  district 2384        694 

Act  extending  to  saline  lands  the  laws  relating  to  placer  locations 2392        701 

Act  authorizing   entry  of  land   valuable   for   building-stone,   under   the 

placer  mining  laws 2393        702 

Act  authorizing  entry  of  lands  containing  petroleum  and  other  mineral  oils 

under  the  laws  relating  to  placer  locations 2394        702 

Act  providing  that  annual  assessment  work  on  oil  lands  may  be  done  on 

any  one  of  a  group  of  not  more  than  five  claims 2395        702 

United  States  laws  relating  to  coal  lands 2408-2413        706 

Act  authorizing  use  of  timber  on  public  domain  for  mining  and  domestic 

purposes   2414-2416        707 

Act  restricting  entry  under  all  land  laws  to  320  acres  and  reserving  right 

of  way  for  government  canals 2417        708 

Act  modifying  the  last-named  act  so  as  to  allow  the  acquiring  of  mines  in 

addition  to  320  acres  of  other  land,  and  regarding  townsite  entries  on 

mineral  lands 2418,2419         708 

Act  relating  to  forest  reserves,  mineral  and  agricultural  lands  therein  and 

the  use  of  timber  and  stone  thereon 2420        709 

Act  for  refunding  certain  payments  made  by  applicants  for  mineral  surveys          2421        710 

GENERAL  LAND  OFFICE 
Regulations  relating  to  mining  claims 711 

STATE  LAWS 
General  act  relating  to  location  and  holding  of  mining  claims,  millsites  and 

tunnel  rights 2422-2446        730 

Act  to  provide  for  location  of  lands  containing  salt 2447-2450        739 

Act  for  the  better  protection  of  the  rights  of  locators  of  mining  claims, 

relating  to  certificates  of  location,  receipts,  and  seal  of  district  mining 

recorder , 2451-2455         740 

Act  to  encourage  mining,  allowing  prospecting  for  minerals  upon  lands 

held  or  patented  by  the  state 2456,  2457        740 

Act  authorizing  prospecting  on  unfenced  and  unimproved  land  in  private 

ownership,  and  for  acquiring  title  thereto 2458^2462        741 

Acts  providing  for  the  better  preservation  of  mining  records 2463-2474        742 

Act  to  provide  for  the  recording  of  grub-stake  contracts 2475        744 

Act  regarding  suit  for  expenditure  by  company  owning  majority  interest  in 

mine 2476-2482         744 

Act  to  facilitate  the  recovery  of  ores  and  metals  taken  by  theft  or  trespass..2483-2486        746 

Act  to  regulate  the  purchase  of  ore 2487-2491        748 

Act  relating  to  inspection  of  mines  by  stockholders 2492-2496        749 

MONEY  AND  INTEREST 

Act  in  relation  to  money  of  account  and  interest 2497-2500        751 

Act  concerning  payment  in  money  of  debts  and  other  obligations 2501        752 

NAMES  AND  EMBLEMS 
Unlawful  to  use  corporate  or  other  names  or  wear  military,  lodge  or  other 

insignia 2502-2505        752 

NATURALIZATION 

United  States  statutes  relating  to  naturalization 2506-2513        754 

Federal  act  establishing  bureau  of  immigration  and  naturalization 2514-2544        755 


TABLE  OF  CONTENTS  xvii 

NEVADA  HISTORICAL  SOCIETY  SECTIONS      PAGE 

Act  to  create  and  encourage : 2545-2547        768 

NEGOTIABLE  INSTRUMENTS 

Negotiable  instruments  law 2548-2743         771 

Act  designating  holidays  to  be  observed  in  acceptance  and  payment  of  bills 

and  notes 2744        796 

NOTARIES  PUBLIC 

Act  relating  to  appointment  and  duties  of  notaries  public 2745-2761         796 

Act  regarding  appointment,  terms  of  office  and  enlarged  territory  in  which 

they  may  act 2762-2764        799 

OFFICERS  GENERALLY 

Act  relating  to  officers,  their  qualifications,  times  of  election,  terms,  duties, 
resignations,  removals,  vacancies,  misconduct  in  office,  and  to  enforce 

official  duty 2765-2847         801 

Act  authorizing  officers  to  appoint  deputies 2848-2850         816 

Act  providing  for  removal  from  office 2851-2854         817 

Act  providing  for  examination  and  auditing  of  books  and  accounts  of 

certain  officers 2855-2860         818 

Act  to  prevent  drunkenness  in  office 2861-2863         819 

Act  to  authorize  fees  and  salaries  of  officers  to  be  taken  in  attachment  and 

execution,  and  to  prohibit  assignments  to  defraud  creditors 2864-2866         819 

OFFICIAL  ADVERTISING 

Rates  for  state  and  county  advertising 2867         820 

OFFICIAL  BONDS 

General  act  concerning  official  bonds 2868-2879  821 

Act  providing  for  release  of  sureties 2880-2884  823 

Act  concerning  sureties  on 2885,  2886  824 

Bond  of  county  clerk  when  he  is  ex  officio  county  recorder  to  be  deposited 

with  county  treasurer 2887  825 

Act  allowing  bonds  of  surety  companies  for  officers 2888-2890  825 

OFFICIAL  OATH 

Form  of 2891         826 

OPTOMETRY 

Act  to  regulate  practice  and  fix  license 2892-2896         827 

PARTNERSHIP 

Act  to  authorize  the  formation  of  limited  partnerships 2897-2909         828 

Act  requiring  partners  transacting  business  to  file  certificate  of  partnership..2910-2914         830 

POOR  AND  POOR  LAWS 

Act  relating  to  support  of  the  poor 2915-2925         833 

Act  concerning  bringing  of  indigent,  incompetent  or  incapacitated  persons 

into  the  state  or  from  one  county  into  another 2926-2928        835 

PUBLIC  DOCUMENTS  AND  REPORTS 

Act  relating  to  public  reports 2929-2931         836 

Act  authorizing  secretary  of  state  to  furnish  printed  public  documents, 

statutes  and  reports  to  certain  parties 2932        837 

Act  to  provide  for  free  distribution  of  statutes  and  legislative  journals  to 

publishers  of  newspapers  furnished  state  library 2933         837 

Act  relating  to  distribution  of  law  books 2934-2936         837 

0 


xviii  TABLE  OF  CONTENTS 

PUBLIC  DOCUMENTS  AND  EEPOETS— Continued         SECTIONS  PAGE 

Act  to  regulate  the  sale  of  state  law  books 2937  838 

Act  to  provide  for  the  preservation  and  sale  of  certain  Nevada  Reports 2938-2940  838 

Act  to  provide  for  the  republication  and  stereotyping  of  certain  volumes 

of  the  decisions  of  the  supreme  court 2941-2946  838 

Act  to  provide  for  publication  and  distribution  of  Nevada  Reports 2947-2951  840 

PUBLIC  HEALTH 

Act  to  create  a  state  board  of  health,  defining  duties,  prescribing  manner 
of  appointments  of  officers,  fixing  their  compensation,  and  establishing 

county  boards  of  health 2952-2980  842 

Act  to  create  county  boards  of  health 2981,  2982  850 

Act  to  provide  for  recording  of  births  and  deaths 2983-2987  850 

Act  to  prohibit  bringing  of  diseased  animals  within  this  state  and  to  pre- 
vent selling  of  same 2988-2995  852 

Act  to  provide  for  preventing  the  spread  of  contagious  diseases 2996-3003  853 

PUBLIC  HIGHWAYS 

General  act  in  relation  to  public  highways 3004-3010  855 

Act  concerning  road  districts,  road  funds  and  opening  of  roads 3011-3016  857 

Act  in  relation  to  erection  and  maintenance  of  bridges 3017-3021  860 

Act  requiring  water-users  to  construct  bridges  and  culverts 3022-3025  861 

Act  to  provide  for  erection  of  guideboards  on 3026-3028  862 

Act  to  create  office  of  road  inspector  and  provide  for  work  on  public  roads..3029-3036  862 

Act  providing  for  election  of  road  supervisors 3037-3040  864 

Act  providing  for  appointment  of  road  supervisors  in  certain  counties 3041-3044  864 

Act  to  protect  public  highways  from  damage  by  water 3045,  3046  865 

Act  relating  to  toll  roads  and  bridges 3047,  3048  865 

Act  to  compel  owners  of  toll  roads  to  keep  same  in  repair 3049  865 

Act  to  provide  for  constructing  and  maintaining  toll  roads  and  bridges 3050-3062  866 

PUBLIC  LANDS 

Carey  act  and  state  legislation  in  relation  thereto 3063-3097  872 

Reclamation  act  and  state  legislation  in  relation  thereto 3098-3114  890 

Homestead  entries 3115-3149  896 

Regarding  canceled,  relinquished,  contested  and  invalid  homestead  entries 

on  forest  reserves 3134,  3135  902 

Concerning  entries  on  withdrawn  lands  and  segregation  of  reservoir  sites, 

see  act  of  Congress  of  August  30,  1890 1336 

Regarding  right  and  preference  of  homestead  and  additional  homestead 

in  forest  reserves  on  lands  settled  upon  before  and  since  January  1, 

1906,  see  act  of  Congress  of  June  11,  1906,  34  U.  S.  Stats.  L.,  p.  233, 

and  National  Forest  Reserve  Use  Book. 

Desert  entries 3150-3162  906 

Timber  and  stone  entries 3163-3167  910 

Act  abolishing  distinction  between  offered  and  unoffered  lands 3168  912 

Rights  of  way  for  canals 3169  912 

320-acre  limitation 3169,  3170  912 

Rights  of  way  for  canals,  tramways,  reservoirs  and  electric  power  lines 3171,  3172  914 

4672  1335 

Unlawful  inclosure  of  public  lands.. 3173-3177  914 

Act  to  protect  locators  of  oil  and  gas  lands 3178  916 

Grants  of  lands  to  the  state 3179-3195  916 

State  land  laws 3196-3226  922 

PUBLIC  LIBRARIES 

Act  to  provide  for  free  public  libraries....                                                         ....3227-3231  835 


TABLE  OF  CONTENTS  xix 

PUBLIC   RECORDS                               SECTIONS  P\(,I 
Act  empowering  all  persons  to  copy  or  abstract  all  books  and  records  of 

state  and  county  officers 3232  936 

PUBLIC  SAFETY 

Act  to  secure  persons  and  animals  from  danger  arising  from  mining  and 

other  excavations 3233-3238  937 

PUBLIC  SCHOOLS 

General  act  concerning  public  schools 3239-3461  940 

Chapter    1 — State  board  of  education 3239-3242  940 

Chapter    2— Superintendent  of  public  instruction 3243,  3244  940 

Chapter    3 — Deputy  superintendents  of  public  instruction 3245-3254  943 

Chapter    4— Teachers'  certificates 3255-3273  945 

Chapter    5 — Powers  and  duties  of  teachers 3274-3277  949 

Chapter    6— School  trustees 3278-3313  951 

Chapter    7— School  districts 3314-3339  961 

Chapter    8 — General  provisions ^ 3340-3360  966 

Chapter    9— Census  marshals 3361-3372  970 

Chapter  10— School  funds 3373-3392  973 

Chapter  11— District  school  libraries 3393-3397  980 

Chapter  12— School  books 3398-3412  981 

Chapter  13— County  high  schools 3413-3424  985 

Chapter  14— Normal  training  schools 3425-3430  987 

Chapter  15 — School  district  bonds 3431-3442  989 

Chapter  16 — Compulsory  education 3443-3451  992 

Chapter  17— Protection  of  school  children 3452-3454  994 

Chapter  18— Protection  of  school  property 3455,  3456  994 

Chapter  19— Location  of  houses  of  ill-fame 3457-3459  995 

Chapter  20— Construction  of  act 3460,  3461  995 

Act  to  provide  books,  equipment  and  materials,   and  to   encourage  the 

economic  use  thereof  by  pupils 3462-3472  997 

Act  to  authorize  the  issuance  of  interest-bearing  school  warrants  in  emer- 
gencies  3473-3477  999 

Act  providing  that  percentage  of  fees  from  national  forest  reserves  be 

paid  into  county  school  fund 3478  1000 

PUBLIC  SUPPLIES 

Act  relating  to  the  purchase  of  supplies  for  the  state  and  counties 3479,  3480  1000 

PUBLIC  WORK 

Act  fixing  rate  for  unskilled  labor  on  buildings  erected  for  state 3481,  3482  1001 

Act  to  prohibit  employment  of  Chinese  and  Mongolians 3483-3485  1001 

PURE  FOOD  LAW 

Act  for  preventing  the  manufacture,  sale  or  transportation  of  adulterated, 
mislabeled,  poisonous  or  deleterious  foods,  drugs,  medicines  and  liquors, 

and  for  regulating  the  traffic  therein 3486-3510  1002 

RAILROADS 

Act  to  provide  for  incorporation  of  railroad  companies  and  management 

of  affairs  thereof 3511-3570  1009 

Act  concerning  petitions  of  taxpayers  in  aid  of  construction  of  railroads....          3571  1030 

Act  to  provide  for  proper  care  of  live  stock  by  transportation  companies.. ..3572,  3573  1030 
Act  authorizing  sale  by  any  railroad  of  its  property  and  franchises  to  any 

other  railroad  corporation;  operation,  extension,  eminent  domain 3574  1031 

Act  to  prevent  discrimination  in  rates  and  fares 3575-3584  1031 

Act  regulating  transportation  of  live  stock....                   3585-3587  1035 


xx  TABLE  OF  CONTENTS 

EAILEOADS — Continued                                SECTIONS  PAGE 

Acts  to  promote  public  safety  by  requiring  adequate  train  crews 3588-3596  1036 

Act  regulating  number  of  hours  of  telegraph  operators  engaged  in  handling 

or  dispatching  trains 3597-3599  1037 

Act  requiring  railroads  to  give  public  notice  of  live  stock  killed  or  injured..3600,  3601  1038 

REAL  ESTATE 
Act  to  authorize  aliens  and  nonresident  persons  to  acquire  and  hold  real 

estate 3602,3603  1038 

Act  to  provide  for  erection  and  maintenance  of  partition  fences 3604-3608  1039 

RESIDENCE 

Act  denning  what  shall  constitute  legal  residence 3609  1040 

Act  prescribing  what  shall  constitute  actual  residence 3610-3616  1040 

REVENUE 

Act  to  fix  the  tax  levy : '.          3617  1044 

Act  to  provide  revenue  for  the  support  of  the  State  of  Nevada,  and  to 

repeal  certain  acts  relating  thereto 3618-3766  1045 

Acts  supplementary  to  above 3767-3792  1104 

Act  defining  certain  duties  of  county  assessors  and  other  officers 3793-3796  1111 

Act  to  provide  for  more  uniform  valuation  and  assessment  of  property 3797-3813  1112 

Act  in  relation  to  assessment  of  railroads 3814-3817  1116 

Act  in  relation  to  the  levy,  raise  or  reduction  of  the  tax  rate  by  county 

commissioners 3818  1118 

Act  regulating  assessment  and  taxation  of  banks  and  shares  of  stock 

therein 3819-3825  1119 

Act  relating  to  county  government  and  reduction  of  rate  of  taxation 3826-3836  1120 

Act  in  relation  to  fixing  the  tax  rate  in  certain  counties 3837  1122 

Act  requiring  a  minimum  valuation  to  be  placed  upon  lands 3838-3840  1123 

Act  providing  for  disposition  of  poll-tax  collections 3841  1123 

Act  to  exempt  from  taxation  Young  Men's  Christian  Association  buildings..          3842  1124 

Act  in  relation  to  assessment  of  live  stock  running  at  large 3843,  3844  1124 

Act  defining  and  classifying  transient  stock  and  providing  for  assessment, 

collection,  and  distribution  of  taxes  on  same 3845-3861  1125 

Act  in  relation  to  delinquent  taxes;  adjustment  between  county  treasurer 

and  auditor 3862,3863  1128 

Act  allowing  payment  of  taxes  in  semiannual  installments 3864-3866  1129 

LICENSES 

Act  empowering  certain  officers  to  revoke  and  discontinue  business  licenses..3867-3871  1130 

Act  licensing  sale  of  cigarettes  and  cigarette  paper 3872-3876  1131 

Act  fixing  and  regulating  licenses  on  automobiles 3877,  3878  1132 

Act  forbidding  collection  of  licenses  from  drummers  and  traveling  salesmen..3879,  3880  1132 

Act  to  restrict  and  license  glove  contests 3881-3889  1132 

Act  to  provide  for  licensing  itinerant  and  unsettled  merchants 3890-3895  1133 

Act  to  provide  for  issuance  of  license  as  peddler  or  auctioneer  to  honorably 

discharged  soldiers,  sailors  and  marines 3896,  3897  1134 

Act  authorizing  county  commissioners  to  regulate,  issue  licenses  to  and 

revoke  licenses  of  stationary  engineers 3898-3904  1135 

REWARDS 

Act  to  authorize  and  require  the  payment  of  rewards  in  certain  cases 3905  1139 

Act  to  authorize  county  commissioners  to  offer  and  pay  rewards  in  certain 

cases 3906,3907  1139 

Governor  shall  offer  reward  for  violation  of  election  laws,  and  for  escapes 

or  murderers 1831  531 

2831  813 

Bank  examiner  may  offer  reward  for  larceny  from  bank....                                          646  199 


TABLE  OF  CONTENTS  xxi 

SALES   OF   MERCHANDISE  SECTIONS      PAGE 

Act  to  regulate  the  purchase,  sale,  transfer,  and  encumbrance  of  a  stock  of 

goods,  wares,  or  merchandise  in  bulk,  and  for  protection  of  creditors.. ..3908-3912       1140 

SIGNATURE  BY  MARK 

Act  to  provide  for  marks  instead  of  signatures 3913       1142 

SOLDIERS 

No  fee  to  be  charged  for  administering  oath  or  certifying  papers  for  pen- 
sioners   ! 3914       1142 

Act  to  provide  for  payment  of  funeral  expenses  of  indigent  ex-soldiers 3915       1142 

STATE  AGRICULTURAL  SOCIETY 

Act  to  incorporate ....3916-3920       1143 

Act  to  provide  for  management  and  control  of 3921-3931       1144 

Act  for  the  aid  and  benefit  of 3932       1146 

STATE  ARMORY  BUILDING 

Act  relating  to  custody  and  grounds 3933       1146 

STATE  BOUNDARY 

Act  to  define  a  portion  of  the  western  boundary  of  the  State  of  Nevada 3934       1146 

STATE  EXHIBITS 

Act  empowering  county  commissioners  to  levy  special  tax  to  cover  expenses 

of  displaying  products  of  county  at  expositions 3935,  3936       1147 

Act  to  encourage  the  exhibition  of  Nevada  products 3937-3940       1147 

STATE  HYGIENIC  LABORATORY 

Act  to  establish  and  maintain  at  the  University  of  Nevada,  and  providing 

for  the  appointment  of  a  director  and  assistants 3941-3945       1148 

STATE  LIBRARY 

General  act  in  relation  to 3946-3953  1149 

Act  prescribing  office  hours  for  state  library 3954-3959  1151 

Act  to  authorize  state  librarian  to  appoint  assistant 3960  1152 

Act  to  provide  for  disposal  and  sale  of  duplicate  copies  of  books 3961  1152 

Act  authorizing  employment  of  engineer  and  janitor  for  state  library 

building 3962-3964  1153 

STATE  MILITIA 

Act  relating  to  the  national  guard  and  enrolled  militia 3965-4020  1154 

Acts  relating  to  Nevada  national  guard 4021,  4027-4035  1163 

Act  relative  to  military  affairs 4022,  4023  1163 

Act  to  prohibit  and  punish  retention  of  state  and  company  property  of  the 

national  guard 4024-4026  1164 

Act  relating  to  military  encampment 4036,  4037  1166 

Act  to  provide  for  organizing  and  disciplining  the  militia 4038-4086  1167 

STATE  ORPHANS'  HOME 

Act  for  the  erection  of  a  state  orphans'  home  and  to  provide  for  the  same.. 4087,  4088  1176 

Act  for  the  government  and  maintenance  of  the  state  orphans'  home 4089-4103  1177 

Act  granting  certain  powers  to  the  board  of  directors 4104  1180 

Act  fixing  the  salary  of  the  superintendent  and  matron 4105  1181 

Act  to  provide  educational  facilities  for  children  of 4106-4108  1181 

STATE  OFFICERS 

Act  providing  for  leave  of  absence  for  state  employees 4109      1183 

Act  to  consolidate  certain  state  offices....  4110      1184 


xxii  TABLE  OF  CONTENTS 

LEGISLATURE  SECTIONS  PAGE 

Reapportioning  senators  and  assemblymen 4111  1184 

Act  to  provide  for  organization  of 'assembly  at  commencement  of  each 

session  4112,4113  1185 

Act  fixing  number  of  officers  and  attaches,  and  to  define  their  duties  and 

specify  their  pay 4114-4117  1185 

Act  to  provide  chaplains  for  the  legislature 4118,  4119  1186 

Act  providing  for  the  printing  of  legislative  bills  and  resolutions 4120-4124  1186 

Act  providing  for  copying,  engrossing  and  enrolling 4125,  4126  1187 

Act  fixing  time  when  laws  and  joint  resolutions  shall  take  effect 4127  1188 

ATTORNEY-GENERAL 

Act  defining  duties  of  attorney-general 4128-4134  1188 

Act  to  authorize  attorney-general  to  employ  deputies 4135,  4136  1190 

Act  to  further  define  powers  and  duties  of  attorney-general 4137  1190 

Act  to  authorize  attorney-general  to  employ  stenographic  clerk 4138,  4139  1191 

Act  relating  to  commencement  of  suits  to  maintain  flow  of  Truckee  river....          4140  1191 

Act  constituting  attorney-general  ex  officio  mineral  land  commissioner 4141-4147  1191 

AUDITOR 

Act  to  provide  for  appointment  of,  fixing  his  compensation  and  prescrib- 
ing his  duties 4148-4153  1193 

CONTROLLER 

Act  defining  the  duties  of  state  controller 4154-4178  1195 

Act  to  provide  for  appointment  of  deputy  state  controller,  and  to  fix  his 

compensation 4179  1201 

Act  to  create  a  fire  insurance  fund 4180-4182  1201 

Act  authorizing  canceling  of  old  unpaid  warrants.... 4183-4185  1202 

Act  making  it  unlawful  for  any  public  officer  to  accept  relief  from  the 

state  for  loss  of  tax  receipts  unless  affidavits  are  filed 4186,  4187  1203 

Act  authorizing  controller  and  ex  officio   commissioner  of  insurance  to 

employ  a  stenographic  clerk 4188,  4189  1203 

GOVERNOR 

Act  authorizing  the  governor  to  appoint  a  private  secretary 4190,  4191  1205 

Act  fixing  salary  of  private  secretary 4192,4193  1205 

Act    authorizing    governor,    secretary    of    state    and    state    treasurer    to 

employ  clerks  and  typists 4194-4197  1206 

INSPECTOR  OF  MINES 

Act  creating  office  of  inspector  of  mines  and  fixing  duties  and  powers 4198-4238  1207 

Act  extending  tenure  of  office 4239  1216 

LICENSE  AND  BULLION  TAX  AGENT 

Act   providing   for   appointment   of,    fixing   compensation    and   prescrib- 
ing duties 4240-4248  1216 

LIEUTENANT-GOVERNOR 

Act  concerning  residence  of 4249  1218 

Act  defining  duties  of  when  acting  as  an  ex  officio   officer,   and  fixing 

salary  therefor 4250  1218 

SECRETARY  OF  STATE 

Act  concerning  office  of 4251-4261  1219 

Act  relating  to  duties  of 4262,  4263  1222 

Act  to  provide  for  preservation  of  the  manuscript  laws 4264,  4265  1223 

Act  to  provide  for  recording  of  all  state  contracts  and  agreements 4266,  4267  1223 

Act  relating  to  preparing  and  printing  biennial  report 4268  1223 

Act  authorizing  employment  of  clerk  and  typists 4195,  4269  1206 

Act  authorizing  employment  of  stenographer 4270  1224 


TABLE  OF  CONTENTS  xxiii 

STATE  POLICE                                      SECTIONS  PAGE 
Act  to  provide  for  the  creation,  organization  and  maintenance  of,  and 

prescribing  the  powers  and  duties  of  the  officers  and  members 4271-4293  1224 

Act  creating  office  of  commissary  of  state  police  and  prescribing  duties 4294-4298  1229 

Act  to  authorize  appointment  of  state  detectives 4299-4304  1229 

SUPERINTENDENT  OF  STATE  PRINTING 

Act  fixing  salary  of  superintendent  of  state  printing 4305  1230 

Act   in  relation  to   message   of   governor   and   reports    of    certain   state 

officers 4306  1230 

Act  authorizing  copyright  of  all  state  publications 4307,  4308  1231 

Act  authorizing  use  of  union  label  on  all  public  printing 4309,  4310  1231 

Act  authorizing  superintendent  to  employ  bookkeeper  and  typist 4311,  4312  1231 

Act  designating  and  authorizing  work  to  be  done  in  state  printing  office 4313-4326  1232 

STATE  PRINTING  OFFICE 

Act  establishing  and  creating  office  of  superintendent  of  state  printing 4327-4340  1234 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

Act  authorizing  employment  of  stenographic  clerk 4341,  4342  1238 

Act  fixing  salary  of  superintendent  of  public  instruction 4343  1238 

Act  abolishing  office  of  state  mineralogist,  and  making  superintendent  of 

public  instruction  curator  of  museum  and  defining  duties 4344-4346  1239 

SURVEYOR-GENERAL 

Act  concerning  office  of 4347-4354  1239 

Act  relative  to  maps  of  state  and  county  boundaries 4355  1241 

Act  to  provide  for  paying  cost  of  printing  and  stationery 4356-4359  1241 

TREASURER 

Act  defining  duties  of  state  treasurer 4360-4369  1242 

Act  supplementary  to  above 4370-4372  1244 

Act  to  prevent  persons  having  claims  against  the  state  from  presenting 

same  a  second  time 4373  1245 

Acts  concerning  employment  of  clerk .....4196,  4374,  4375  1246 

VETERINARIAN 

Act  providing  for  appointment  of,  defining  duties  and  fixing  compensation.. 4376-4389  1246 

Act  for  establishment  of  bureau  of  animal  industry 4390  1249 

SALARIES 

Salary  of  private  secretary  to  the  governor 4192,  4193  1205 

Acts  reducing  and  regulating  salaries  of  certain  state  officers 4391-4394  1250 

Act  fixing  salaries  of  certain  deputies  in  state  offices 4395-4397  1252 

Act  fixing  salaries  of  certain  attaches  and  deputies 4398,  4401  1252 

Act  authorizing  payment  of  salaries  of  officers  fixed  by  law 4399,  4400  1253 

State  engineer 4679  1340 

Justices  of  supreme  court 4893  1404 

State  boards,  bureaus  and  commissions 1255 

Schedule  of  sections  fixing  salaries  of  other  state  officers 4391  1250 

STATE  SEAL 

Act  to  provide  a  seal  of  state 4402  1254 

Act  in  relation  to  procurement  and  use  of  the  great  seal 4403,  4404  1254 

STATE  BOARDS,  BUREAUS  AND  COMMISSIONS 

STATE  WEATHER  SERVICE  BUREAU 
Act  to  establish  weather  service  station  and  provide  for  appointment  of 

a  director  thereof 4405-4410  1256 

CAPITOL   COMMISSIONERS 

Act  providing  for  state  board  of  capitol  commissioners 4411-4421  1257 

Act  in  relation  to  keeping  and  preservation  of  state  capitol  decorations 4422,  4423  1258 

Act  to  provide  supply  of  water  for  capitol  and  state  orphans'  home 4424-4426  1259 


xxiv  TABLE  OF  CONTENTS 

BOARD  OF  DENTAL  EXAMINERS  SECTIONS      PAGE 

Act  to  insure  the  better  education  of  practitioners  of  dental  surgery 4427-4444      1260 

EMBALMERS 
Act  to  establish  state  board  of  embalmers : 4445-4454       1265 

BOARD  OF  EXAMINERS 

Act  relating  to  board  of  examiners,  to  define  their  duties  and  powers 4455-4464      1267 

Accounts  against  state  to  be  itemized  and  filed  in  duplicate 4465      1269 

No  deficiency  to  be  created  or  warrants  issued  unless  authorized  by  the 

board  of  examiners 4466,  4467       1269 

Act  to  provide  for  the  purchase  of  certain  supplies  for  state  officers  and 
attaches  of  the  legislature;  board  of  examiners  ex  officio  furnishing 

board 4468-4477   1270 

Act  relating  to  claims  of  ex-soldiers  of  the  Spanish  war 4478-4480      1272 

Official  advertising  and  publication  of  supreme  court  decisions 4481      1272 

FISH   COMMISSIONERS 

Act  to  provide  for  appointment  of  a  board  of  fish  commissioners 4482,  4483      1273 

Act  to  provide  for  establishment  and  maintenance  of  a  state  fish  hatchery.. 4484,  4485      1274 

BUREAU  OF  INDUSTRY,  AGRICULTURE  AND  IRRIGATION 
Act  establishing  bureau,  providing  for  a  commission  in  charge,  and  creat- 
ing the  office  of  commissioner 4486-4494      1274 

BOARD  OF  PHARMACY 
Act  to  provide  for  creation  of  a  state  board  of  pharmacy  and  to  regulate 

the  practice  of  pharmacy 4495-4514      1278 

PUBLIC  SERVICE  COMMISSION 
Act  making  railroad  commission  ex  officio  a  public  service  commission  for 

the  regulation  and  control  of  certain  public  utilities 4515-4548       1283 

STATE  RAILROAD  COMMISSION 
Act  to  regulate  railroads,  telegraph  and  telephone  companies  and  other 

common  carriers,  and  creating  a  railroad  commission 4549-4585      1293 

SHEEP  COMMISSION 
Act  regulating  the  sheep  industry  and  creating  a  state  board  of  sheep 

commissioners 4586-4602       1310 

TELEGRAPH 

Act  for  the  regulation  of  the  telegraph,  and  to  secure  secrecy  and  fidelity 

in  the  transmission  of  telegraphic  messages 4603-4623      1314 

Act  to  provide  for  constructing  and  maintaining  telegraph  lines 4624-4630       1319 

TELEPHONE 

Act  to  define  rights  and  responsibilities  of  owners  of  telephone  lines 4631,  4632      1322 

Authorizing  county  commissioners  to  purchase  or  construct  telephone  lines.. 4633,  4634      1322 

TRADEMARKS 
Act  to  protect  persons,  associations  and  unions  of  workingmen  and  others 

in  their  labels,  trademarks  and  forms  of  advertising 4635-4637      1322 

UNIVERSITY  OF  NEVADA 

Act  to  fix  the  name  of  the  State  University  of  Nevada 4638  1324 

General  act  relating  to  the  state  university 4639-4650  1324 

Act  to  provide  for  the  election  of  a  board  of  regents 4651  1327 

Act  to  locate  the  state  university  and  to  provide  for  its  control 4652-4654  1327 

Act  of  Congress  in  aid  of  agricultural  colleges  and  establishing  agricultural 

experiment  stations 4655  1328 


TABLE  OF  CONTENTS  xxv 

UNIVEESITY  OF  NEVADA— Continued                 SECTIONS  PAGE 

Act  in  relation  to  the  agricultural,  mining  and  mechanical  college 4656-4659  1330 

Act  relating  to  assays  and  analyses  of  minerals 4660-4663  1331 

Act  to  commission  officers  of  cadets  of  the  state  university 4664,  4665  1332 

Act  creating  honorary  board  of  visitors  of  the  state  university 4666-4670  1332 

VIRGINIA  CITY  SCHOOL  OF  MINES 

Act  creating  Virginia  City  School  of  Mines 4671       1333 

WATER 

ACTS  OF  CONGRESS 
Act  of  July  26,  1866,  Rev.  Stats.  U.  S.,  section  2339,  confirming  water  rights 

for  mining  and  other  purposes,  and  rights  of  way  for  ditches 2401        704 

Act  of  June  17,  1902,  recognizing  vested  rights  and  state  legislation 3105        893 

Act  authorizing  secretary  of  interior  to  permit  use  of  right  of  way  upon 

public  lands   for  canals,   reservoirs,   tramways   and  power   lines,   as 

amended  and  supplemented  May  14,  1896,  and  May  11,  1898 3171,  3172        914 

Act  of  1870,  Rev.  Stats.  U.  S.,  sectidn  2340,  providing  for  reservation  from 

U.  S.  patents  of  water  rights,  reservoirs,  and  rights  to  ditches 2402        705 

Act  of  August  30,  1890,  26  Fed.  391,  providing  for  reservation  from  patents 

of  the  right  of  way  for  canals  constructed  by  the  United  States 3169        912 

Act  of  Congress  of  March  3,  1891,  relating  to  rights  of  way  through  public 

lands  for  ditches  and  canals 1335 

Act  of  February  1,  1905,  relating  to  rights  of  way  for  dams,  reservoirs, 

water  plants,  ditches,  flumes,  pipes,  tunnels  and  canals  across  forest 

reserves 1335 

Other  acts  of  Congress  relating  to  reservoirs,  ditches,  canals,  and  entries 

on  the  public  lands 1336 

STATE    STATUTES 

General  act  in  relation  to  water 4672-4705       1339 

Act  creating  state  board  of  irrigation 4706       1352 

Act  requiring  water  users  to  install  headgates  and  measuring  weirs 4707-4709       1353 

Act  to  allow  the  running  of  water  through  any  ditch  or  flume  and  to  pro- 
vide for  right  of  way '. 4710-4713  1354 

Act  relating  to  construction  of  waste  ditches  and  to  provide  right  of  way....          4714      1355 
Act  to  provide  for  turning  stored  water  into  channels  or  streams  and  for 

reclaiming  the  same 4715      1356 

Act  authorizing  boards  of  county  commissioners  to  institute  and  maintain 
suits  against  parties  depositing  sawdust  in  rivers  or  streams,  and  pro- 
viding for  a  tax  to  pay  the  expense  of  same 4716,  4717  1356 

Act  to  provide  for  protection  of  agricultural  lands  and  relating  to  the 

obstruction  and  pollution  of  waters  and  streams 4718-4720       1356 

Act  defining  and  prohibiting  unlawful  diversion  and  waste  of  water 4721,  4722       1357 

Act  to  provide  for  drainage,  irrigation,  and  water  storage  districts  for  the 
acquisition  of  water  and  property,  and  relating  to  other  matters  con- 
nected therewith 4723-4791  1357 

WEIGHTS  AND  MEASURES 

Act  concerning  and  fixing  standard  weights  and  measures  and  to  regulate 
the  sale  of  commodities  or  articles  of  merchandise  according  to  such 
standards,  and  to  provide  for  the  inspection  of  weights,  measures  and 
weighing  and  measuring  devices 4792-4823  1381 

Act  to  regulate  measurement  of  charcoal 4824-4827       1387 


xxvi  TABLE  OF  CONTENTS 


VOLUME   2 

PART  III 

COURTS  AND   COURT  OFFICERS             SECTIONS  PAGE 

General  act  concerning  courts  and  judicial  officers 4828-4885  1389 

Courts  of  the  state 4828  1391 

Supreme  court 4829-4839  1392 

District  courts 4840-4850  1394 

Justices'  courts 4851,  4852  1397 

Recorders'  courts 4853-4860  1398 

General  provisions 4861-4885  1399 

Act  to  prevent  delay  in  rendering  judicial  decisions 4886,  4887  1403 

SUPREME    COURT 

Act  making  sheriff  of  Ormsby  County  bailiff  of  the  supreme  court,  and  fix- 
ing his  compensation 4888  1404 

Act  authorizing  the  supreme  court  to  appoint  an  official  reporter 4889-4890  1404 

Act  authorizing  the  supreme  court  to  employ  stenographic  clerks 4891,  4892  1404 

Act  fixing  salaries  of  justices  of  the  supreme  court 4893  1404 

Act  fixing  compensation  of  clerk  of  the  supreme  court ....4894-4896  1405 

Act  for  the  reporting  of  the  decisions  of  the  supreme  court 4897-4899  1405 

Act  authorizing  clerk  of  the  supreme  court  to  appoint  a  deputy 4900  1405 

DISTRICT    COURTS 

Act  creating  judicial  districts,  and  relating  to  district  judges,  their  resi- 
dences and  salaries 4901-4905  1406 

Act  providing  that  district  courts  shall  always  be  open,  and  for  traveling 

expenses  of  district  judge „ 4906-4907  1408 

Act  relating  to  the  appointment,  duties  and  compensation  of  official  report- 
ers for  the  district  courts 4908-4913  1409 

Act  relating  to  the  appointment,  powers  and  duties  of  bailiffs  in  district 

courts 4914-4920  1410 

Act  providing  offices  for  district  judges 4921  1411 

Act  concerning  the  concurrent  power  of  district  judges 4922  1411 

Act  authorizing  district  judges  to  sign  records  of  their  predecessors 4923  1412 

Act  making  it  the  duty  of  district  judges  to  charge  grand  juries  regarding 

duties  of  officers 4924  1412 

Act  making  it  the  duty  of  district  judges  to  charge  grand  juries  regarding 

erection  of  guideposts  and  recording  of  births,  deaths  and  marriages....          4925  1413 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES 

Act  providing  when  one  justice  of  the  peace  may  act  for  another 4926  1413 

Bond  and  oath  of  justice  of  the  peace  and  constable 4927,  4928  1413 

JURORS  AND  JURIES 

General  act  concerning  juries 4929-4935  1414 

Act  supplementary  thereto 4936  1418 

Act  regulating  manner  of  drawing  juries  in  district  courts 4937-4940  1418 

Act  to  exempt  from  jury  duty  persons  over  65  years  of  age 4941  1419 

Act  relating  to  expenses  of  juries  in  civil  cases 4942  1419 

COURT  RULES 

Of  the  supreme  court 1421 

Of  the  district  court....  1425 


TABLE  OF  CONTENTS  xxvii 

CIVIL  PRACTICE                                SECTIONS  PAGE 

Main  civil  practice  act....                                                       4943-5821  1433 

Chapter    1 — Preliminary  provisions 4943-4945  1435 

Chapter    2 — Limitations  in  general , 4946,  4947  1436 

Chapter   3 — Limitations — Real  property 4948-4966  1436 

Chapter   4 — Limitations  other  than  real  property 4967-4973  1441 

Chapter    5 — Limitations— Miscellaneous 4974-4985  1444 

Chapter    6 — Parties 4986-5010  1447 

Chapter    7— Place  of  trial 5011-5015  1454 

Chapter    8 — Manner  of  commencing  action 5016-5034  1457 

Chapter    9— Pleadings 5035-5037  1465 

Chapter  10— Complaint 5038,5039  1466 

Chapter  11 — Demurrer  to  complaint 5040-5045  1469 

Chapter  12— Answer 5046T5052  1471 

Chapter  13 — Demurrer  to  answer 5053-5056  1473 

Chapter  14 — Reply 5057-5059  1474 

Chapter  15— Verification 5060-5064  1475 

Chapter  16 — General  rules  of  pleading 5065-5079  1476 

Chapter  17 — Variance,  mistakes  in  pleadings,  and  amendments 5080-5086  1480 

Chapter  18 — Arrest  and  bail 5087-5113.     1483 

Chapter  19— Discharge  from  arrest 5114-5123  1488 

Chapter  20— Claim  and  delivery 5124-5135  1490 

Chapter  21— Injunction 5136-5146  1493 

Chapter  22— Attachment 5147-5168  1497 

Chapter  23— Garnishment 5169-5191  1505 

Chapter  24 — Deposit  in  court 5192  1511 

Chapter  25 — Receivers 5193  1511 

Chapter  26 — Provisional  remedies  on  behalf  of  defendant 5194  1512 

Chapter  27 — Issues,  mode  of  trial,  and  postponement 5195-5203  1512 

Chapter  28 — Drawing  of  jury,  number  upon  consent,  examination  of.... 5204-5220  1514 

Chapter  29— The  verdict 5221-5225  1520 

Chapter  30— Trial  by  the  court 5226-5229  1521 

Chapter  31— Reference  and  trials  by  referees 5230-5235  1523 

Chapter  32 — Judgment  by  default 5236  1524 

Chapter  33 — Judgment  on  dismissal  or  nonsuit 5237  1525 

Chapter  34 — Judgment  in  general 5238-5242  1526 

Chapter  35 — Parties  not  originally  summoned 5243-5248  1530 

Chapter  36 — Judgment  by  confession 5249-5251  1531 

Chapter  37 — Substituting  controversy  without  action 5252-5254  1531 

Chapter  38— Arbitration 5255-5264  1532 

Chapter  39 — Offer  of  compromise 5265  1534 

Chapter  40 — Manner  of  giving  and  entering  judgment 5266-5278  1534 

Chapter  41 — Satisfaction  of  judgment 5279  1538 

Chapter  42— Execution 5280-5306  1538 

Chapter  43 — Proceedings  supplementary  to  execution 5307-5314  1549 

Chapter  44— Exceptions 5315-5318  1551 

Chapter  45— New  trials 5319-5324  1553 

Chapter  46— Appeals 5325-5361  1558 

Chapter  47 — Motions  and  orders 5362-5366  1578 

Chapter  48 — Notices — Filing  and  serving  of  papers 5367-5375  1579 

Chapter  49— Costs 5376-5393  1581 

Chapter  50 — Contempt : 5394-5407  1585 

Chapter  51— Public  writings 5408-5413  1589 

Chapter  52 — Private  writings 5414,  5415  1590 

Chapter  53 — Admission  or  inspection  of  writings 5416-5418  1591 

Chapter  54 — Witnesses — Competency 5419-5449  1592 

Chapter  55— Affidavits 5450-5453  1599 


xxviii  TABLE  OF  CONTENTS 

CIVIL  PEACTICE  ACT — Continued  SECTIONS  PAGE 

Chapter  56 — Depositions  taken  within  the  state 5454-5457  1600 

Chapter  57 — Depositions  taken  out  of  the  state 5458-5463  1601 

Chapter  58 — Perpetuating  testimony 5464-5473  1602 

Chapter  59 — Common  law — Definitions — Defective  titles  to  papers — 
Successive  and  consolidated  actions — Action  between  sureties — 
Clerk's  register — Seal — Computation  of  time — Oath — General  pro- 
visions relating  to  undertakings  and  sureties — Majority  of  referees 
and  arbitrators — Acts  of  judge  after  his  term — Lien  on  bullion — 

Preferred  claim  for  wages — Elisors — Lien  on  animals 5474-5500  1604 

Chapter  60 — Foreclosure  of  mortgages 5501-5503  1612 

Chapter  61 — Actions    for    nuisance,    waste,    trespass,    entering    mine, 

damages ...5504-5513  1613 

Chapter  62 — Actions  to  quiet  title,  for  foreclosure,  regarding  real  prop- 
erty, and  mines 5514-5526  1616 

Chapter  63 — Partition 5527-5583  1621 

Chapter  64 — Termination  of  life  estate 5584  1632 

Chapter  65 — Forcible  entry  and  detainer 5585-5605  1633 

Chapter  66 — Eminent  domain 5606-5629  1638 

Chapter  67 — Lost  records  affecting  real  property — Restoration 5630-5646  1646 

Chapter  68 — Death  by  wrongful  act,  action  for 5647,5648  1650 

Chapter  69 — Personal  injuries,  action  for 5649-5652  1652 

Chapter  70 — Actions  against  the  state 5653-5655  1653 

Chapter  71— Quo  warranto 5656-5682  1653 

Chapter  72 — Certiorari 5683-5693  1658 

Chapter  73— Mandamus 5694-5707  1662 

Chapter  74— Prohibition  5708-5710  1668 

Chapter  75 — General  provisions  as  to  certiorari,  mandamus  and  prohibi- 
tion  .'. 5711-5713  1669 

Chapter  76 — Justices'    courts — Jurisdiction... „ S5714  1670 

Chapter  77— Justices'  courts— Place  of  trial 5715-5721  1671 

Chapter  78 — Manner  of  commencing  actions  in  justices'  courts 5722-5733  1673 

Chapter  79 — Pleadings  in  justices'  courts ?... 5734-5743  1677 

Chapter  80 — Provisional  remedies  in  justices'  courts 5744-5753  1678 

Chapter  81 — Trials  and  judgments  in  justices'  courts 5754-5782  1681 

Chapter  82 — Executions  from  justices'  courts 5783-5787  1686 

Chapter  83 — New  trials  and  appeals  from  justices'  courts 5788-5794  1687 

Chapter  84 — Justices'  courts — Contempts  and  general  provisions 5795-5816  1690 

Chapter  85 — Repeal  of  certain  provisions  of  the  civil  practice  act  and 

acts  in  relation  thereto 5817-5821  1694 

Act  to  encourage  the  collection  of  mineral  specimens  and  to  exempt  same 

from  sale  under  execution 5822-5824  1696 

-Adoption  of  children 5825-5834  1697 

Changing  names  of  individuals 5835-5837  1699 

Liabilities  of  joint  debtors ! 5846-5848  1705 

Act  prescribing  mode  of  maintaining  and  defending  possessory  actions  on 

public  lands 5849-5856  1705 

DIVORCE 

Sections  of  marriage  and  divorce  act  relating  to  divorce 5838-5845  1700 

ESTATES  OF  DECEASED  PERSONS 

General  act  to  regulate  the  settlement  of  estates  of  deceased  persons 5857-6139  1713 

Act  relating  to  descent  of  estates  of  widow  and  widower 6140-6142  1770 

Act  relating  to  notices,  objections,  and  duties  of  clerk 6143,  6144  1770 

Act  making  wages  preferred  claims  against  estate  of  deceased  person 6145  177t 

Act  authorizing  the  court  to  order  the  mortgaging  of  the  property  of 

estates  by  the  executor  or  administrator....  6146  1771 


TABLE  OF  CONTENTS  xxix 

CIVIL  PRACTICE — Continued                          SECTIONS  PAGE 
Act  providing  for  execution  of  conveyances  of  property  in  compliance 

with  the  contracts  of  deceased  persons 6147,  6148  1771 

GUARDIANS 

General  act  regarding  appointment  and  duties  of  guardians 6149-6197  1772 

Act  providing  for  removal  of  property  of  nonresident  ward 6198-6201  1782 

WILLS 

General  act  concerning  wills 6202-6222  1783 

Holographic  wills ^....                                                                                         ....6223-6225  1786 


HABEAS  CORPUS 


General  act  concerning  the  writ  of  habeas  corpus 6226-6265       1787 


IPART,;  iv 

CRIMES  AND  PUNISHMENTS 

General  act  concerning  crimes  and  punishments 6266-6835  1804 

Chapter    1 — Classification  of  crimes 6266  1804 

Chapter    2 — Persons  liable  to  punishment 6267-6272  1805' 

Chapter    3— Parties  to  crimes 6273-6276  1807 

Chapter    4 — Rights  and  privileges  of  defendants 6277-6282  1809 

Chapter    5 — Punishments  for  offenses  not  otherwise  fixed 6283-6289  1810 

Chapter   6 — Convictions  for  attempts  and  lesser  degrees 6290,  6291  1811 

Chapter    7 — Habitual  criminals — Prevention  of  procreation 6292,  6293  1811 

Chapter    8 — Definitions — Construction — Impeachments — Common  law — 

Contempts — Miscellaneous  ...... 6294-6302  1812 

Chapter  9 — Imprisonment  on  more  than  one  conviction — Acts  punish- 
able under  foreign  law — Contempts  punishable  as  crimes — Sending 

letter,  when  complete,  and  venue 6303-6307  1815 

Chapter  10 — Crimes  against  the  sovereignty  of  the  state 6308-6310  1815 

Chapter  11 — Crimes  by  or  against  public  officers — Jurors — Witnesses — 

Records  > 6311-6349  1816 

Chapter  12 — Crimes  and  offenses  against  public  justice ... 6350-6378  1824 

Chapter  13 — Crimes  against  the  person 6379-6441  1829 

Chapter  14 — Crimes  against  morality  and  decency 6442-6528  1844 

Chapter  15 — Crimes  against  public  health 6529-6560  1863 

Chapter  16 — Crimes  against  public  safety 6561-6591  1870 

Chapter  17— Crimes  against  public  peace 6592-6618  1876 

Chapter  18— Vagrancy 6619-6623  1880 

.    Chapter  19 — Arson — Forest  and  negligent  fires ; 6624-6633  1882 

Chapter  20 — Burglary ^ 6634-6637  1884 

Chapter  21 — Larceny — Altering  brands — Driving  away  animals 6638-6652  1885 

Chapter  22 — Embezzlement — Retention  or  payment  of  public  money.. ..6653-6662  1892 

Chapter  23 — Forgery  and  counterfeiting 6663-6694  1895 

Chapter  24— Fraudulent  and  kindred  crimes 6695-6740  1902 

Chapter  25 — Miscellaneous  crimes  against  property 6741-6777  1913 

Chapter  26 — Crimes  by  or  against  employer  or  employee 6778-6801  1922 

Chapter  27 — Corrupting  electors  —  Wrongful  exercise  of  power  — 
Obstructing  officer  —  Oppression  under  color  of  office  —  Vending 
without  license  —  Killing  birds  —  Cruelty  to  animals  —  Offenses 
by  imprisoned  persons  —  Extortion  —  Employment  of  children  — 

Common-law  and  miscellaneous  crimes 6802-6830  1927 

Chapter  28— On  repeal 6831-6834  1933 

Act  making  criminal  the  selling  of  liquor  to  habitual  drunkards  or  dipso- 
maniacs   6836-6838  1939 

Act  prohibiting  sale  of  liquor  within  five  miles  of  construction  camps 6839-6841  1940 


xxx  TABLE  OF  CONTENTS 

CEIMES  AND  PUNISHMENTS— Continued  SECTIONS  PAGE 

Act  making  it  unlawful  to  allow  minors  to  remain  in  saloons 6842  1941 

Act  making  keepers  of  saloons  and  gambling  houses  liable  in  damages  for 

giving  liquor  to  minors  or  allowing  minors  to  gamble 6843  1941 

Act  making  superintendents  and  managers  of  electric  light  and  water 

companies  liable  in  damages  for  refusal  to  connect  main  wires  and 

pipes : 6844-6846  1941 

Act  to  prevent  slavery  or  involuntary  servitude  except  for  the  punishment 

of   crime 6847-6850  1942 

CRIMINAL  PRACTICE 

General  act  regulating  criminal  practice 6851-7529  1945 

Chapter    1 — Preliminary  provisions 6851-6858  1945 

Chapter    2 — Lawful  resistance s 6859-6861  1947 

Chapter    3 — Intervention  of  the  officers  of  justice 6862,  6863  1947 

Chapter    4 — Security  to  keep  the  peace 6864-6877  1948 

Chapter   5— Impeachments 6878-6893  1949 

Chapter    6 — Removal  of  civil  officers  otherwise  than  by  impeachment.. 6894-6907  1952 

Chapter    7 — Local  jurisdiction  of  public  offenses 6908-6920  1953 

Chapter    8 — Time  of  commencing  criminal  actions 6921-6926  1956 

Chapter    9 — Magistrates  and  complaint 6927-6929  1957 

Chapter  10 — Warrant  of  arrest— Release  on  bail 6930-6950  1957 

Chapter  11 — Arrest,  by  whom  and  how  made 6951-6967  1962 

Chapter  12 — Retaking  prisoner  after  escape  or  rescue 6968,  6969  1964 

Chapter  13 — Examination,  discharge  of,  or  holding  defendant  to  answer.. 6970-699 8  1964 

Chapter  14 — Prosecution  by  indictment  or  accusation 6999-7001  1971 

Chapter  15 — Formation  of  grand  jury 7002-7019  1971 

Chapter  16 — Powers  and  duties  of  grand  jury -. 7020-7033  1974 

Chapter  17 — Presentment  and  proceedings  thereon — Bench  warrant 7034-7041  1977 

Chapter  18 — The  indictment — Finding,  presentation  and  filing 7042-7047  1978 

Chapter  19 — Rules  of  pleading  and  form  of  the  indictment 7048-7073  1979 

Chapter  20 — Bench  warrant  and  bail 7074-7089  1988 

Chapter  21— Setting  aside  the  indictment 7090-7094  1991 

Chapter  22 — Demurrer 7095-7105  1993 

Chapter  23— The   plea 7106-7114  1996 

Chapter  24— Removal  of  action  before  trial 7115-7120  1998 

Chapter  25— Mode  of  trial 7121-7123  2000 

Chapter  26— Formation  of  trial  jury— Calendar.... 7124-7127  2000 

Chapter  27 — Postponement  of  trial 7128  2001 

Chapter  28 — Challenging  the  jury 7129-7158  2002 

Chapter  29— The  trial . , 7159-7203  2009 

Chapter  30 — Conduct  of  jury 7204-7212  2022 

Chapter  31— The  verdict 7213-7226  2024 

Chapter  32— Exceptions .". . 7227-7231  2027 

Chapter  33— New  trial 7232-7237  2028 

Chapter  34— Arrest  of  judgment 7238-7241  2030 

Chapter  35— The  judgment 7242-7263  2030 

Chapter  36 — The  execution 7264-7282  2036 

Chapter  37 — Bill  of  exceptions — Appeal  without,  on  errors  in  record.. ..7283-7285  2039 

Chapter  38 — Appeal  7286-7307  2041 

Chapter  39— Bail 7308-7347  2046 

Chapter  40 — Compelling  attendance  of  witnesses 7348-7364  2054 

Chapter  41 — Examination  of  witnesses  on  commission 7365-7384  2056 

Chapter  42— Inquiry  into  sanity  of  defendant 7385-7394  2060 

Chapter  43— Dismissal  of  action 7395-7401  2061 

Chapter  44— Proceedings   against   corporations 7402-7410  2063 

Chapter  45 — Compromising  public  offenses....                                            ....7411-7413  2064 


TABLE  OF  CONTENTS  xxxi 

CRIMINAL  PRACTICE  ACT— Continued                                                              SECTIONS  PAGE 

Chapter  46 — Entitling  affidavits 7414  2065 

Chapter  47— Search   warrants ;7415-7434  2065 

Chapter  48— Fugitives  from  justice 7435-7444  2068 

Chapter  49 — Disposal  of  property  stolen  or  embezzled 7445-7450  2070 

Chapter  50— Witnesses    ! 7451-7456  2071 

Chapter  51 — General   provisions 7457-7469  2073 

Chapter  52 — Justices'   courts 7470-7524  2075 

Chapter  53 — Repeal  and  continuance  of  certain  acts  relating  to  crimi- 
nal practice 7525-7529  2084 

Act  to  prohibit  sale  of  ardent  spirits  to  Indians,  making  Indians  competent 

witnesses 7530-7531  2085 

Act  to  detect  and  punish  incendiarism 7532-7539  2085 

Act  to  provide  for  payment  of  attorneys  appointed  by  the  court  to  defend 

in  criminal  cases 7540,7541  2087 

Act  creating  coroner  districts,  making  justices  of  the  peace  ex  officio  coro- 
ners, and  denning  their  duties 7542-7560  2087 

STATE  PRISON  AND  JAILS 

STATE  PRISON 

Acts  relating  to  the  government  of  the  state  prison 7561-7585,  7588,  7589  2091 

Act  to  provide  for  the  release  of  certain  prisoners  in  the  state  prison 7586,  7587  2098 

Act  relating  to  the  expenses  for  the  transportation  of  indigent  insane  per- 
sons and  convicts 7590-7592  2099 

Act  fixing  the  salary  of  the  warden  of  the  state  prison 7593  2099 

Act  relating  to  the  recapture  of  escaped  prisoners  from  the  state  prison 7594,  7595  2100 

Act  relating  to  payment  to  prisoners  discharged  from  state  prison 7596  2100 

Act  of  1911  relating  to  employment  of  convicts  on  public  highways  and 

providing  a  fund  therefor 7597-7602  2100 

JAILS 

Act  of  1861  in  relation  to  common  jails 7603-7613  2102 

Act  of  1907  in  relation  to  branch  county  jails 7614-7616  2104 

Act  authorizing  the  employment  of  criminals  confined  in  jails 7617-7622  2105 

PARDONS  AND  PAROLES 

Constitution  307  89 

Act  of  1867  to  make  effective  power  of  governor,  justices  of  supreme  court 
and  attorney-general  to  remit  fines  and  forfeitures,  commute  punish- 
ments, and  grant  pardons  after  conviction 7623-7630  2107 

Rules  of  board  of  pardons,  following 7630  2109 

Act  to  establish  a  board  of  parole  commissioners  for  the  parole  of  and 

government  of  paroled  prisoners 7631-7634  2110 

Rules  of  board  of  parole,  following 7634  2111 

APPENDIX  AND  INDEX....  2113 


ABBREVIATIONS 


Cite  this  work:     Rev.  Laws. 

Ann.  Cases American  and  English  Annotated  Cases. 

A.  D American  Decisions. 

A.  R American  Reports. 

A.  S American  State  Reports. 

Cent.  Dig Century  Digest. 

Colo.  Mills  An.  C. Mills's  Colorado  Annotated  Code. 

Const Constitution  of  Nevada. 

Dec.  Dig Decennial  Digest. 

F.  or  Fed. Federal  Reporter. 

Fed.  St.  Ann Federal  Statutes  Annotated. 

Iowa McClain's  Annotated  Code  (Iowa) . 

Kansas General  Statutes  of  Kansas,  1889. 

Kerr  C.  C.  P. Kerr's  (California)  Code  of  Civil  Procedure. 

Kerr  Pen.  C. Kerr's  (California)  Penal  Code. 

Mont.  Civ.  P. Montana  Civil  Practice. 

N.  Dak Revised  Codes  of  North  Dakota,  1899. 

P.  or  Pac Pacific  Reporter. 

Rev.  Laws Revised  Laws  of  Nevada,  1912. 

Rev.  Stats. United  States  Revised  Statutes. 

Sec When  not  otherwise  designated,  refers  to  the 

general   section   numbers   of   this   book   in 

black-face  type. 

S.  C.  R Supreme  Court  Reporter. 

T.  C.  C Treadwell's  California  Constitution  (Annotated). 

U.  S.  Const Constitution  of  the  United  States. 

Utah ...Utah  Compiled  Laws,  1907. 


1389  COURTS  AND  COURT  OFFICERS  Sec.  4828 


COURTS  AND  COURT  OFFICERS 

General  act  concerning  courts  and  judicial  officers,  approved  January  26,  1865,  sections 
4828-4885. 

Courts  of  the  state 4828 

Supreme  court 4829-4830 

District  courts 4840-4850 

Justices' courts 4851,4852 

Recorders'  courts 4853-4860 

General  provisions 4861-4885 

Act  of  March  5,  1891,  to  prevent  delay  in  rendering  judicial  decisions,  sections  4886,  4887. 

Act  making  sheriff  of  Ormsby  County  bailiff  of  the  supreme  court,  and  fixing  his  com- 
pensation, approved  March  20,  1901,  section  4888. 

Act  authorizing  the  supreme  court  to  appoint  an  official  reporter,  approved  March  13, 
1907,  sections  4889,  4890. 

Act  authorizing  the  supreme  court  to  employ  stenographic  clerks,  approved  February  1, 
1909,  sections  4891,  4892. 

Act  fixing  salaries  of  justices  of  the  supreme  court,  approved  February  14,  1907,  sec- 
tion 4893. 

Act  fixing  compensation  of  clerk  of  the  supreme  court,  approved  February  24,  1875,  sec- 
tions 4894-4896. 

Act  for  the  reporting  of  the  decisions  of  the  supreme  court,  approved  March  26,  1909, 
sections  4897-4899. 

Act  authorizing  clerk  of  the  supreme  court  to  appoint  a  deputy,  approved  March  15,  1911, 
section  4900. 

RELATING  TO  DISTRICT  COURTS 

Act  creating  judicial  districts,  and  relating  to  district  judges,  their  residences  and 
salaries,  approved  March  23,  1909,  sections  4901-4905. 

Act  providing  that  district  courts  shall  always  be  open,  and  for  traveling  expenses  of 
district  judge,  approved  March  4,  1885,  sections  4906,  4907. 

Act  relating  to  the  appointment,  duties  and  compensation  of  official  reporters  for  the 
district  courts,  approved  March  12,  1907,  sections  4908-4913. 

Act  relating  to  the  appointment,  powers  and  duties  of  bailiffs  in  district  courts,  approved 
February  24,  1909,  sections  4914-4920. 

Act  of  March  3,  1869,  providing  offices  for  district  judges,  section  4921. 

Act  approved  March  13,  1895,  concerning  the  concurrent  power  of  the  district  judges, 
section  4922. 

Act  authorizing  district  judges  to  sign  records  of  their  predecessors,  approved  March  22, 
1911,  section  4923. 

Act  making  it  the  duty  of  district  judges  to  charge  grand  juries  regarding  duties  of 
officers,  approved  February  12,  1879,  section  4924. 

Act  making  it  the  duty  of  district  judges  to  charge  grand  juries  regarding  erection  of 
guide  posts  and  recording  of  births,  deaths,  and  marriages,  approved  March  6,  1903,  sec- 
tion 4925. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES 

Act  of  March  4,  1881,  providing  when  one  justice  of  the  peace  may  act  for  another, 
section  4926. 

Act  of  February  10,  1873,  relating  to  bond  and  oath  of  justice  of  the  peace  and  con- 
stable, sections  4927,  4928. 

OTHER  STATUTORY  PROVISIONS 

Apprentices,  justice  of  peace  to  act  in  regard  to,  section  490,  et  seq. 

Attorneys  at  law,  sections  498-524. 

Cities,  change  in  class  of,  courts  to  take  judicial  notice  of,  section  775. 

Cities  and  towns,  district  court  act  in  incorporation  of, -section  768,  et  seq. 

Civil  practice  act,  sections  4943-5821. 

Civil  practice  schedule  and  cross-references,  section  4993. 

Contested  election  for  city  offices,  section  801. 

Contested  election  for  county  and  township  offices,  section  1803,  et  seq. 

Contested  election  for  district  judge,  section  1813. 

Contested  election  for  state  offices,  section  1823,  et  seq. 

Contested  election  for  members  of  legislature,  section  1818. 

County  commissioners,  removal,  suspension,  section  3753. 

District  attorney,  court  may  appoint  temporary,  section  1597. 

88 


Sec.  4828  COURTS  AND  COURT  OFFICERS  1390 

District  court  may  enjoin  bank  examiner  from  retaining  possession  of  closed  bank,  sec- 
tion 675. 

District  court  may  make  order  regarding  election  of  directors  of  corporations,  section  1130. 

District  court  to  decide  land  contests,  section  3208. 

District  court  to  decree  execution  of  contracts  of  deceased  persons  for  deed  of  real  estate, 
section  6147. 

District  judge  may  make  order  for  removal  of  directors  of  corporations,  section  1179. 

Divorce,  sections  5838-5845. 

Election  returns,  canvass  by  district  judge  for  legislative  officers  and  county  commis- 
sioners, section  1513. 

Judge  must  be  attorney,  section  525. 

Judicial  notice,  courts  to  take  in  change  of  class  and  organization  of  cities,  section  775. 

Justice  of  the  peace  may  issue  subpena  in  contest  for  election  for  members  of  legislature, 
section  1819 

Juvenile  court  law  under  jurisdiction  of  district  court,  section  729,  et  seq. 

Municipal  courts,  powers  of,  section  822. 

Probate  practice  act,  estates  of  deceased  persons,  sections  5857-6144. 

Proceedings  for  removal  from  office,  section  2851,  et  seq. 

Proceedings  to  remove  or  suspend  county  commissioners,  section  3753. 

Eailroad  rates,  proceedings  relating  to  regulation  of,  sections  4548-4585. 

Kevisory  power  over  corporate  elections,  section  1123,  et  seq. 

Sale  of  real  property  of  religious  and  charitable  corporations,  order  for,  section  1369. 

Veterinarian,  order  for  service  of,  section  4379. 

CONSTITUTIONAL  PROVISIONS 

Counsel,  right  of  accused  to  have,  section  237;  U.  S.  Const.,  section  178. 

Court  fees  to  be  charged,  section  331. 

Courts  of  record,  what  are — Appeals,  section  323. 

Federal  judges,  terms  and  compensation,  U.  S.  Const.,  section  153. 

Fees,  court,  to  be  advanced,  section  331. 

Fees,  no  judicial  officers  except  justice  of  peace  and  city  recorder  to  receive,  section  325. 

Fines,  governor  may  suspend  collection  of,  not  exceeding  sixty  days,  section  306. 

Impeachment,  powers  of,  conferred  upon  legislature,  section  334. 

Judicial  power  of  state  in  supreme  court,  district  courts,  justices  of  the  peace  and  munici- 
pal courts,  section  316. 

Judicial  power  of  the  United  States,  U.  S.  Const.,  sections  119,  154. 

Juries,  persons  convicted  of  crime,  or  not  electors,  not  to  serve  on,  section  285. 

Jury  trial  secured,  section  232;  IT.  S.  Const.,  sections  156,  176. 

Leave  of  absence,  legislature  not  to  grant  to  judicial  officer — Ninety  days'  absence  from 
state  forfeits  office,  section  332. 

Supreme  Court 

Board  of  pardons,  justices  members  of,  section  30*7. 

Chief  justice  is  justice  having  shortest  term,  section  318. 

Compensation  of  justices  to  be  set  apart  by  law  and  not  to  be  increased  or  diminished 
during  term,  sections  330,  331. 

Decision,  concurrence  of  majority  necessary,  section  317. 

Decisions  to  be  published,  section  3765. 

Election  and  term  of  justices,  section  318. 

Election  returns,  justices  to  canvass  for  state  officers  and  declare  persons  elected,  sec- 
tion 297. 

Fees,  justices  not  to  receive,  section  325. 

How  constituted,  section  317. 

Impeachment,  chief  justice  and  associate  justices  liable  to,  sections  335,  336. 

Impeachment  proceedings  in  senate,  chief  justice  to  preside  over,  section  334. 

Jurisdiction,  section  319. 

Justices  ineligible  to  office  other  than  a  judicial  one  during  term,  section  326. 

Terms,  section  322. 

Vacancies  in  office  of,  how  filled,  section  406. 

District  Court 

Compensation  of  district  judges  to  be  set  apart  by  law  and  not  to  be  increased  or  dimin- 
ished during  term,  sections  330,  331. 

Concurrent  jurisdiction  with  justices'  courts,  section  323. 

District  judges  not  eligible  to  any  office  other  than  a  judicial  one  during  term,  section  326. 

Impeachment,  district  judges  subject  to,  sections  335,  336. 

Judges  not  to  charge  juries  regarding  matters  of  fact,  but  mav  state  testimony  and 
declare  the  law,  section  327. 

Judicial  districts,  section  320. 

Jurisdiction  of  district  courts  and  district  judges,  section  321. 

Terms  to  be  as  fixed  by  law  and  to  be  held  at  county-seats— Exceptions,  section  322. 

Vacancies  in  office  of  district  judge,  how  filled,  section  406. 


1391 


COURTS  AND  COURT  OFFICERS 

Justices  of  the  Peace 


Sec.  4828 


Appeals,  legislature  may  determine  regarding,  section  323. 
Concurrent  jurisdiction  with  district  courts,  section  323. 
Fees,  justices  may  receive,  section  323. 
Jurisdiction  and  powers  to  be  fixed  by  law,  section  323. 
Number  of,  legislature  to  determine,  section  323. 


May  receive  fees,  section  323. 
Powers  of,  section  316. 


Municipal  Courts 


An  Act  concerning  the  courts  of  justice  of  this  state,  and  judicial  officers. 


Approved  January  26.  1865.  110 


1828. 


4829. 

4830. 

4831. 
4832. 

1834. 

is:;.". 
4836. 

t-s:;;. 


4838. 
4839. 
1840. 


1842. 
4843. 


1845. 
4846. 


L*  18 

4849. 

4850. 

4851. 

4852. 

4853. 
4854. 

4S55. 
4856. 
4857. 


Courts  of  justice  of  the  state. 
Supreme  Court 

Justices  of  the  supreme  court — Com- 
missioned by  governor — Oath. 

Election — Senior  justice  to  be  chief 
justice. 

Governor  to  fill  vacancies — Election. 

Appellate  jurisdiction. 

Jurisdiction  to  review  on  appeal. 

Original  writs,  what  may  issue. 

Power  of  court  on  appeal. 

Terms  of  court — Length  of. 

Two  justices  may  pronounce  judgment 
— Reargument,  when — Chamber  bus- 
iness. 

Sessions  *  shall  be  held  at  capitol  — 
Power  to  provide  necessaries. 

<  )|> in  ions  in  writing — Record  to  be  kept. 
District  Courts 

Original  and  appellate  jurisdiction. 

Court,  where  held — May  provide  neces- 
sities. 

Terms  of  district  court — Judgments 
and  orders,  when  may  be  entered. 

Business  at  chambers— What  may  be 
heard. 

May  hold  court  in  any  district  upon 
request — Governor  may  direct. 

Court  may  make  rules — When  to  take 
effect — Certain  rules  prohibited. 

Judges  not  to  charge  as  to  matters  of 
fact. 

May  be  required  to  reduce  decision  to 
writing — Exception  noted. 

Jurisdiction  of  public  offenses — Indict- 
ments— Appeals  from  inferior  courts. 

Powers  over  estates,  minors  and  guard- 
ians— Probate  of  wills — Orders  gen- 
erally. 

Powers  of  court  in  vacation. 
Justices'  Courts 

Jurisdiction  of  public  offenses. 

Justice  of  peace — Terms  of  office  and 
election  —  Vacancies  —  Commission- 
ers to  fill — Oath  and  bond. 
Recorders'  Courts 

Recorders'  courts  in  incorporated 
cities — Jurisdiction. 

Idem  —  Further  jurisdiction  —  Public 
offenses. 

Idem — Where  court  to  be  held. 

Election  of  recorder — Term — Oath. 

Compensation — Fixed  by  charter — No 
increase  or  decrease  during  term. 


4858.  Powers  and  duties — Committing  magis- 

trates. 

4859.  May  issue  process. 

4860.  Recorders'  courts  always  open. 

General  Provisions 

4861.  Courts  of  record. 

4862.  Proceedings  public — Exception. 

4863.  Idem  —  Divorce    proceedings  —  Public 

may  be  excluded. 

4864.  Powers    of    court  —  Enforce    order  — 

Obedience  to  judgments  and  orders 
— Control  conduct  of  its  ministerial 
officers. 

4865.  When  judge  disqualified — Not  applica- 

ble to  arrangement  of  calendar  or 
order  of  business. 

4866.  Not    to    act    as    attorney    or    counsel 

except  when  party. 

4867.  Judge  or  justice  of  peace  not  to  have 

partner  in  practice. 

4868.  Absence    from    state   in    excess   of   90 

days,  forfeiture  of  office. 

4869.  Judicial  days. 

4870.  Nonjudicial   days  enumerated  —  What 

business  allowed — Falling  on  Sun- 
day, Monday  following  observed. 

4871.  Courts,  where  held. 

4872.  Adjournment  of  court  in  certain  cases 

—  Powers  of  sheriff  or  clerk  in 
absence  of  judge — Judge  may  order 
adjournment  by  letter  or  telegram. 

4873.  Place  of  holding  court  maybe  changed, 

when,  notice  of. 

4874.  Idem — Parties  to  appear. 

4875.  Supreme   and   district   courts   to   have 

seals. 

4876.  Clerk   to    procure    seal   upon    order   of 

judge  or  court — Form  of  seal. 

4877.  Clerk's  private  seal  may  be  used,  when. 

4878.  Clerk  to  keep  seal. 

4879.  Seal  to  be  affixed,  to  what  papers. 

4880.  Seal,  how  impressed. 

4881.  Orders,  when  refused — Orders  refused 

or  granted  conditionally  by  one 
judge,  nt»  application  to  be  made  to 
other  judge  except  of  higher  court — 
Rule  not  to  apply  to  informalities. 

4882.  Idem  —  Violation  a  contempt  —  Order, 

by  whom  may  be  vacated. 

4883.  Judicial  officers  may  take  acknowledg- 

ment and  affidavits. 

4884.  Vacancy  in  office  or  failure  of  term  not 

to  affect  action. 

4885.  English  language  to  be  used — Abbrevi- 

ations— Numbers. 


Sec.  4828  COURTS  AND  COURT  OFFICERS  1392 

4828.  Courts  of  justice  of  the  state. 

SECTION  1.  The  following  shall  be  the  courts  of  justice  for  this  state: 
First,  the  supreme  court;  second,  the  district  courts;  third,  justices'  courts; 
and,  fourth,  such  municipal  courts  as  may  from  time  to  time  be  established  by 
the  legislature  in  incorporated  cities  or  towns. 

See  Const.,  sec.  316. 

SUPREME  COURT 

4829.  Supreme  court,  how  composed— Justices  commissioned  by  gover- 

nor—Oath. 

SEC.  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  two  associates. 
Each  justice  hereafter  elected  or  appointed  shall  be  commissioned  by  the 
governor,  and  before  entering  upon  the  discharge  of  his  duties,  shall  take 
the  constitutional  oath  of  office. 

See  Const.,  sec.  317. 

Justice  must  be  an  attorney,  sec.  525. 

4830.  Election— Senior  justice  to  be  chief  justice. 

SEC.  3.  The  justices  of  the  supreme  court  shall  be  chosen  at  general  elec- 
tions by  the  qualified  voters  of  the  state;  one  of  the  justices  shall  be  chosen 
at  the  general  election  of  the  year  one  thousand  eight  hundred  and  sixty-six 
(1866),  and  at  the  general  election  every  second  year  thereafter,  and  shall 
hold  his  office  for  the  term  of  six  years  from  the  first  day  of  January  next 
after  his  election.  The  senior  justice  in  commission  shall  be  the  chief  justice, 
and  in  case  the  commission  of  any  two  or  more  of  said  justices  shall  bear  the 
same  date,  they  shall  determine  by  lot  who  shall  be  chief  justice. 

See  Const.,  sec.  318. 

4831.  Governor  to  fill  vacancies— Election. 

SEC.  4.  When,  from  any  cause,  a  vacancy  shall  occur  in  the  office  of,  a 
justice  of  the  supreme  court,  the  governor  shall  fill  the  same  by  granting  a 
commission,  which  shall  continue  until  the  election  and  qualification  of  a  jus- 
tice to  fill  such  vacancy.  A  justice  to  fill  a  vacancy  shall  be  chosen  at  the 
first  general  election  subsequent  to  the  occurrence  of  the  vacancy. 

See  Const.,  sec.  406. 

4832.  Appellate  jurisdiction. 

SEC.  5.  The  supreme  court  shall  have  appellate  jurisdiction  in  all  cases  in 
equity,  and  also  in  all  cases  at  law  in  which  is  involved  the  title  or  right  of 
possession  to,  or  the  possession  of,  real  estate  or  mining  claims,  or  the  legality 
of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  or  in  which  the  demand, 
exclusive  of  interest  or  the  value  of  the  property  in  controversy,  exceeds  three 
hundred  (300)  dollars;  also,  in  all  other  civil  cases  not  included  in  the  general 
subdivisions  of  law  and  equity,  and  also  on  questions  of  law  alone,  in  all  crimi- 
nal cases  in  which  the  offense  charged  amounts  to  a  felony. 

See  Const.,  sec.  319. 

An  order  of  a  justice's  court  imposing  is  one  of  which  the  supreme  court  might 

costs  against  a  garnishee  that  had  refused  have  appellate  jurisdiction,  it  has  jurisdic- 

to  make  a  statement  is  not  a  "tax,  impost,  tion  of  an  appeal  from  an  order  retaxing 

assessment  or  municipal  fine,"  within  the  costs,  made  subsequent  to  judgment,  though 

meaning  of  those  words  as  used  in  Const.,  the  case  was  dismissed  by  the  plaintiff  in 

sec.  319,  ante.  Wearne  v.  Haynes,  13  Nev.  the  court  below,  and  although  the  amount 

103,  104.  involved  is  less  than  three  hundred  dollars. 

Where  the  case  as  made  in  a  court  of  law  Comstock  M.  and  M.  Co.  v.  Allen,  21  Xev. 

325,  328  (31  P.  434). 

4833.  Jurisdiction  to  review  on  appeal. 

SEC.  6.  The  supreme  court  shall  have  jurisdiction  to  review  upon  appeal: 
First,  a  judgment  in  an  action  or  proceeding,  commenced  in  a  district  court, 


1393  COURTS  AND  COURT  OFFICERS  See.  4886 

when  the  matter  in  dispute  is  embraced  in  the  general  jurisdiction  of  the 
supreme  court,  and  to  review  upon  appeal  from  such  judgment  any  inter- 
mediate order  or  decision  involving  the  merits  and  necessarily  affecting  the 
judgment;  second,  an  order  granting  or  refusing  a  new  trial  in  such  cases; 
an  order  granting  or  refusing  to  change  the  place  of  trial  of  an  action  or 
proceeding  after  motion  is  made  therefor  in  the  cases  in  which  that  court 
has  appellate  jurisdiction,  and  from  an  order  granting  or  refusing  to  grant 
an  injunction  or  mandamus  in  the  case  provided  for  by  law. 

Stv  sees.  319,  5329,  5340. 

A>  the  provision  of  this  section,  expressly  act,  the  court  on  reversing  an  order  denying 

;i arborizing  an  appeal  from  an  order  grant-  a    new   trial    demanded   for   insufficiency   of 

•  r     refusing   a    change   of   venue,    was  evidence  to  support  the  verdict  may  remand 

omitted  from  section   327,  Stats.   1869,   196,  the  case,  with   directions  to  the  trial  court 

which  enumerates  the  judgments  and  orders  to  consider  and  pass  upon  such  ground  anew. 

apjiralable,  no  appeal  will  lie  upon  such  an  Goldfield-Mohawk  M.  Co.  v. Frances-Mohawk 

order.      (Fitzgerald,  J.,  dissenting.)     Peters  M.  and  L.  Co.,  33  Nev.  —  (112  P.  42,47). 
\.  .Jones,  26  Nev.  259,262-269  .(66  P.  743).  The  refusal  of  the  judge  to  pass  upon  the 

This,  however,  has  been  changed  by  stat-  insufficiency  of  the  evidence  to  support  the 

ute.     See  sec.  5329.  verdict,  when  urged  in  support  of  a  motion 

Under  this  section  and  section  8  of  this  for  new  trial,  is  error.     Idem. 

4834.    Original  writs,  what  may  issue. 

SEC.  7.  This  court,  and  each  of  the  justices  thereof,  shall  have  power  to 
issue  writs  of  mandamus/certiorari,  prohibition,  quo  warranto,  and  habeas 
corpus,  and  also  all  writs  and  process  necessary  to  the  complete  exercise  of 
its  appellate  jurisdiction;  such  writs  may  be  issued  to  any  part  of  the  state, 
and  in  granting  writs  of  habeas  corpus,  such  court,  or  a  judge  thereof,  may 
issue  the  writ  upon  application  by  or  on  behalf  of  any  person  held  in  actual 
custody  in  any  part  of  the  state,  and  may  make  such  writs  returnable  before 
the  court,  or  either  of  the  justices  thereof,  or  before  any  district  court  of  the 
state,  or  any  judge  of  said  courts. 

Section  4  of  article  6  of  the  constitution  (sec.  319,  ante)  provides  that  the  supreme  court 
shall  have  power  to  issue  writs  of  mandamus,  certiorari,  prohibition,  quo  warranto,  and 
habeas  corpus,  and  all  writs  necessary  to  the  complete  exercise  of  its  appellate  jurisdiction, 
and  confers  upon  each  of  the  justices  power  to  issue  writs  of  habeas  corpus  to  any  part  of 
The  state. 

4885.  Power  of  court  on  appeal. 

SEC.  8.  This  court  may  reverse,  affirm,  or  modify  the  judgment  or  order 
appealed  from  as  to  any  or  all  of  the  parties,  and  may,  if  necessary,  order  a 
new  trial,  or  the  place  of  trial  to  be  changed.  When  the  judgment  or  order 
appealed  from  is  reversed  or  modified,  this  court  may  make,  or  direct  the 
inferior  court  to  make,  complete  restitution  of  all  property  and  rights  lost  by 
the  erroneous  judgment  or  order. 

See  sec.  5359. 

Even  if  the  supreme  court  on  appeal  from  It  is  the  proper  practice  after  a  judgment 

a  judgment  might  order  an  execution  and  has  been  reversed  in  the  supreme  court,  to 
sale  made  before  appeal  to  be  set  aside,  yet  move  the  court  below,  when  the  facts  justify 
ir  is  clear  that  the  district  court  after  case  such  proceedings,  to  set  aside  a  sale  made 
H-vcrsed  has  concurrent  jurisdiction  to  do  -  on  execution  under  an  erroneous  judgment. 
the  same  thing.  Hastings  v.  Am.  G.  and  S.  Idem. 
M.  Co.,  2  Nev.  100,103,104. 

4886.  Terms  of  court,  length  of. 

SEC.  9.  There  shall  be  four  terms  of  this  court  in  each  year,  to  commence 
on  the  first  Mondays  of  January,  April,  July,  and  October.  Such  terms  shall 
continue  until  the  business  before  the  court  is  determined,  or  for  such  length 
of  time  as,  in  the  opinion  of  the  court,  the  public  interest  may  require. 

See  Const.,  sec.  322. 

Cited,  State  v.  Jackman,  31  Nev.  516  (104  P.  13). 


Sec.  4837  COURTS  AND  COURT  OFFICERS  1394 

4837.  Two   justices    may    pronounce    judgment— Reargument,  when  - 

Chamber  business. 

SEC.  10.  Two  justices  shall  constitute  a  quorum  for  the  transaction  of 
business,  excepting  such  business  as  may  be  done  at  chambers,  and  the  con- 
currence of  two  justices  who  heard  the  argument  shall  be  necessary  to  pro- 
nounce any  judgment,  except  in  chamber  business;  and  if  two  justices  who 
have  heard  the  argument  do  not  agree,  the  case  shall  be  reargued. 

The  constitution  provides  that  a  concurrence  of  a  majority  of  the  justices  shall  be  neces- 
sary to  render  a  decision,  sec.  317. 

4838.  Sessions  shall  be  held  at  capital— Power  to  provide  necessaries. 

SEC.  11.  The  supreme  court  shall  hold  its  sessions  at  the  capital  of  the 
state.  If  a  room  in  which  to  hold  the  court,  together  with  attendants,  fuel, 
lights,  and  stationery,  suitable  and  sufficient  for  the  transaction  of  business, 
be  not  provided  by  the  state,  the  court  may  direct  the  sheriff  of  the  county 
in  which  it  is  held  to  provide  such  room,  attendants,  fuel,  lights,  and  sta- 
tionery, and  the  expense  thereof  shall  be  paid  out  of  the  state  treasury. 

Const.,  sec.  322. 

The  supreme  court  has  the  power  to  pro-  sioners    had    refused    to    procure    the    same, 

cure,  at  the  expense  of  the  state,  furniture  State   ex  rel.   Kitzmeyer   v.   Davis,  26   Nev. 

for  the  court-room  when  the  capitol  commis-  373,378   (08  P.  689). 

4839.  Opinions  in  writing— Record  to  be  kept. 

SEC.  12.  All  opinions  and  decisions  rendered  by  the  supreme  court  shall 
be  in  writing,  signed  by  the  justices  concurring  therein,  and  shall  be  spread 
at  large  on  the  records  of  the  court  kept  for  that  purpose. 

See  Const.,  sec.  376. 
See  sees.  4847,  5315. 

DISTRICT  COURT 

[Sees.  13,  14  and  15  superseded  by  following  acts.] 
[Sec.  16  is  obsolete.] 

4840.  Original  and  appellate  jurisdiction. 

SEC.  17.  The  district  courts  shall,  severally,  have  original  jurisdiction  in 
all  cases  in  equity;  also,  in  all  cases  at  law  which  involve  the  title,  or  the 
right  of  possession  to,  or  the  possession  of,  real  property  or  mining  claims, 
or  the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine;  also, 
in  all  actions  to  foreclose  mechanics'  liens;  -and  in  all  cases  in  which  the 
demand,  exclusive  of  interest,  or  the  value  of  the  property  in  controversy, 
exceeds  three  hundred  dollars;  also,  in  all  cases  relating  to  the  estates  of 
deceased  persons,  and  the  person  and  estates  of  minors,  idiots,  and  insane  per- 
sons, and  of  the  action  of  forcible  entry  and  unlawful  detainer;  and,  also,  in  all 
criminal  cases  not  otherwise  provided  for  by  law;  they  shall  also  have  final 
appellate  jurisdiction  in  cases  arising  in  justices'  courts,  and  such  other  infe- 
rior tribunals  as  may  be  established  by  law.  The  district  courts  and  the 
judges  thereof,  shall  have  power  to  issue  writs  of  mandamus,  injunction,  quo 
warranto,  certiorari,  and  all  other  writs  proper  and  necessary  to  the  com- 
plete exercise  of  their  jurisdiction;  and  also  shall  have  power  to  issue  writs 
of  habeas  corpus,  on  petition  by,  or  on  behalf  of,  any  person  held  in  actual 
custody  in  their  respective  districts.  As  amended,  Stats.  1866,  59. 

See  Const.,  sec.  321. 

May  appoint  temporary  district  attorney,  sec.  1597. 


Revisory  power  over  corporate  elections,  sees.  1130-1223. 

rder  sale  of  real  property 
Proceedings  for  removal  of  officers  of  corporations,  sees.  1180-1183. 


May  order  sale  of  real  property  of  religious  or  charitable  corporations,  sec.  1369. 


Proceedings  to  remove  revenue  officers  (revenue  act),  judge  may  suspend  commissioners, 
sec.  3753. 

See  juvenile  court  law,  sees.  728-756. 

See  act  in  relation  to  contributory  dependency  and  delinquency,  sees.  757-764. 


1395  COURTS  AND  COURT  OFFICERS  See,  4844 

Proceedings  to  require  new  certificate  of  stock  of  incorporated  company  in  case  of  lost  cer- 
tificate, sec.  1165. 

Awards  to  dissatisfied  stockholders  under  merger  provisions  of  corporation  act,  may  be 
contested,  sees.  1147,  114S. 

Proceedings  for  disincorporation  under  act  of   1S(>.">,  sec.  1240. 

District  judge  to  canvass  returns  of  election  of  legislative  officers  and  county  commission- 
ers, sec.  1513. 

May  require  services  of  veterinarian,  when,  sec.  4379. 

See  cross-references  before  sec.  481'S. 

Under  similar  powers  (Stats.  1861,  418,  sec.  existed  in  the  justice's  court  and  a  .judgment. 
608)  it  was  held  that  the  probate  court  had  of  a  justice's  court  which  is  void  because 
the  power  to  issue  a  writ  of  restitution,  in  for  a  great  or  amount  than  the  justice  has 
an  action  of  forcible  entry  and  unlawful  jurisdiction  to  render,  is  not  appealable. 
detainer,  brought  before  it  on  certiorari.  Fitchett  v.  Henley,  :',!  Nev.  327,338  (102 
Paul  v.  Armstrong,  1  Nev.  82,  103.  1'.  S(i.">). 

The  district   court,   on  appeal   from   a   jus  Certiorari     lies    to    annul     such     a     justice 

t  ice's  judgment,  has  the  same  jurisdiction  as       court   judgment,    since   there   is   no   right   of 

appeal.      Idem. 

4841.  Court,  where  held— May  provide  necessities. 

SEC.  18.  The  terms  of  the  district  court  shall  be  held  at  the  county-seat 
of  the  several  counties.  If  a  room  for  holding  the  court  be  not  provided  by 
the  county,  together  with  attendants,  fuel,  lights,  and  stationery,  suitable  and 
sufficient  for  the  transaction  of  business,  the  court  may  direct  the  sheriff  to 
provide  such  room,  attendants,  fuel,  lights,  and  stationery,  and  the  expenses 
thereof  shall  be  a  county  charge. 

See  sec.  4< f_'l. 

It  is  indispensable  to  the  validity  of  a  scribing  the  times  for  the  commencement 
judgment  that  it  be  rendered  at  the  time  a  ml  and  the  place  for  holding  the  terms  of  the 
place  prescribed  by  law.  district  court  is  to  attain  certainty.  State  v. 

Tin-    intention    of    the    legislature    in    pro-        Roberts,  8  Nev.  240, 241. 

4842.  Terms   of  district   court — Judgments  and   orders,  when   may  be 

entered. 

SEC.  19.  The  terms  of  holding  these  courts  shall  be  as  provided  by  law  in 
such  districts,  and  such  terms  shall  continue  so  long  as  the  business  may 
require,  or  until  the  day  fixed  for  the  commencement  of  another  term  in  the 
same  district.  The  court  may  adjourn  from  time  to  time  during  the  term, 
and  may,  when  the  public  convenience  requires,  adjourn  the  term  over  the 
time  fixed  by  law  for  the  commencement  of  another  term  in  the  same  dis- 
trict. Judgments  and  orders  of  the  district  court  may  be  entered  either  in 
term  or  vacation,  in  civil  cases.  As  amended,  Stats.  1875,  119. 

See  sec.  490(>. 

A  court  may  amend  its  orders  of  record  truth,  at  any  time  during  the  term  in  which 

concerning  the  extension  of  time  given  to  they  are  entered.  Marshall  v.  G.  F.  G.  and 

file  a  statement  so  as  to  conform  with  the  S.  M.  Co.,  16  Nev.  150,170. 

4843.  Business  at  chambers— What  may  be  heard. 

SEC.  20.  The  district  judges  shall,  at  all  reasonable  times,  when  not 
engaged  in  holding  courts,  transact  such  business  at  chambers  as  may  be 
done  out  of  court.  At  chambers  they  may  try  and  determine  writs  of  man- 
damus, certiorari,  quo  warranto,  hear  and  dispose  of  motions  for  new  trials, 
and  all  applications  for  writs  which  are  usually  granted,  in  the  first  instance, 
upon  ex  parte  application,  and  may  also,  in  their  discretion,  hear  and  deter- 
mine applications  to  discharge  such  orders  and  writs.  They  may  also  hear 
and  determine  applications  for  writs  of  assistance  at  chambers. 

4844.  May  hold  court  in  any  district  upon  request— Governor  may  direct. 

SEC.  21.  A  district  judge  may  hold  a  term  in  any  judicial  district  in  this 
state,  upon  the  request  of  the  judge  of  the  district  in  which  such  term  is  to 
be  held;  and  when,  by  reason  of  sickness  or  absence  from  the  state,  or  from 
any  other  cause,  a  term  cannot  be  held  in  a  district  by  the  judge  thereof,  a 


Sec.  4845  COURTS  AND  COURT  OFFICERS  1396 

certificate  of  that  fact  shall  be  transmitted  by  the  clerk  to  the  governor, 
who  shall  thereupon  direct  some  other  district  judge  to  hold  such  term.  It 
shall  be  the  duty  of  the  judge  thus  directed  to  hold  such  term;  provided,  it 
will  not  conflict  with  his  duties  in  his  own  district. 

See  sec.  4906,  4922. 

4845.  Court  may  make  rules— When  to  take  effect— Certain  rules  pro- 

hibited. 

SEC.  22.  Each  district  court  shall  have  power  to  make  rules  not  incon- 
sistent with  the  constitution  and  laws  of  this  state,  for  its  own  government 
and  the  government  of  its  officers;  but  such  rules  shall  not  be  in  force  until 
thirty  days  after  their  adoption  and  publication,  except  for  the  first  terms 
held  under  the  constitution  of  the  state;  and  no  rule  shall  be  made  imposing 
any  tax  or  charge  upon  any  legal  proceeding,  except  as  a  penalty  upon  over- 
ruling a  demurrer,  or  making  an  allowance  to  any  officer  for  services. 

Rules  of  supreme  and  district  courts  will  be  found  under  sec.  4928. 

A  rule  of  the  district  court  relative  to  statute  as  rules  for  the  government  in  all 

the  settlement  of  a  statement  on  motion  proceedings  in  the  district  court  and  have 

for  a  new  trial  will  not  be  considered  by  the  same  force  and  effect  as  if  incorporated 

the  supreme  court  unless  it  is  embodied  in  in  their  statutory  provisions.  Haley  v. 

the  statement.  Marshall  v.  Golden  Fleece  Eureka  Co.  Bank,  20  Nev.  410  (22  P.  1098). 

U.  and  S.  M.  Co.,  16  Nev.  156.  Evidence  of  an  oral  agreement  by  plain- 

(This  case  was  decided  before  adoption  .  tiff's  attorney  not  to  take  any  default 

and  approval  of  district  court  rules.  For  against  defendants  is  inadmissible  on  the 

which  rules  see  under  sec.  4928.)  application  to  set  aside  the  default,  as  this 

The  rules  adopted  by  the  district  court  would  be  in  effect  an  enforcement  of  such 

and  by  the  supreme  court  were  intended  to  agreement  in  violation  of  the  district  court 

be  supplemental  to  the  provisions  of  the  rules.  Idem. 

4846.  Judges  not  to  charge  as  to  matters  of  fact. 

SEC.  23.  District  judges  shall  not  charge  juries  upon  matters  of  fact,  but 
may  state  the  evidence  and  declare  the  law.  In  stating  the  evidence,  the 
judge  should  not  comment  upon  the  probability  or  improbability  of  its  truth, 
nor  the  credibility  thereof.  If  the  judge  state  the  evidence,  he  must  also 
inform  the  jury  that  they  are  not  to  be  governed  by  his  statement  upon  mat- 
ters of  fact. 


4847.  May  be  required  to  reduce  decision  to  writing— Exception  noted. 

SEC.  24.  A  district  judge  may  be  required,  in  deciding  any  question  of 
law,  to  reduce  his  decision  to  writing  at  the  time  such  decision  is  made,  and 
note  any  exception  thereto,  which  may  be  taken  by  either  party,  to  a  trial  or 
proceeding  before  him. 

See  sees.  4839,  5315. 

4848.  Jurisdiction  of  public  offenses— Indictments— Appeals  from  inferior 

courts. 

SEC.  25.  The  district  courts  shall  have  jurisdiction  to  inquire,  by  the  inter- 
vention of  a  grand  jury,  of  all  public  offenses,  committed  or  triable  in  their 
respective  districts,  to  try  and  determine  all  indictments  found  therein,  and 
to  hear  and  determine  appeals  from  justices'  or  other  inferior  courts  in  all 
cases  of  a  criminal  nature. 

See  sees.  237,  321,  323. 

Certiorari  does  not  lie  from  the  supreme  may   be    raised    before    the    justice    and    an 

court  to  review  a   conviction   before  a   jus-  appeal   taken   from   any  judgment   rendered 

tice   of  the   peace   on   the   ground   that   the  by    him.      Chapman    v.    District    Court,    29 

statute  authorizing  the  conviction  is  uncon-  Nev.  154,  158   (86  P.  552). 
stitutional,  since  the  constitutional  question  , 

4849.  Powers  over  estates  minors  and  guardians— Probate  of  wills- 

Orders  generally. 

SEC.  26.    The  district  courts  shall  have.power  to  open  and  receive  the  proofs 


1397  COURTS  AND  COURT  OFFICERS  Sec.  485*2 

of  last  wills  and  testaments,  and  to  admit  them  to  probate;  to  grant  letters 
testamentary  of  administration  and  guardianship,  and  to  revoke  the  same 
for  cause  shown,  according  to  law;  to  compel  executors,  administrators,  and 
guardians  to  render  an  account  when  required,  or  at  the  period  fixed  by  law; 
to  order  the  sale  of  property  of  estates,  or  belonging  to  minors;  to  order  the 
payment  of  debts  due  by  estates;  to  order  and  regulate  all  partitions  of  prop- 
erty or  estates  of  deceased  persons;  to  compel  the  attendance  of  witnesses; 
to  appoint  appraisers  or  arbitrators;  to  compel  the  production  of  title  papers 
or  other  property  of  an  estate  or  of  a  minor,  and  to  make  such  other  orders 
as  may  be  necessary  and  proper  in  the  exercise  of  the  jurisdiction  conferred 
upon  them  by  law. 

4850.    Powers  of  court  in  vacation. 

SEC.  27.  The  district  judge  shall  have  power,  in  vacation,  to  appoint  apprais- 
ers, to  receive  inventories  and  accounts  to  be  filed  in  his  court;  to  suspend  the 
powers  of  executors,  administrators,  or  guardians,  in  cases  allowed  by  law;  to 
grant  special  letters  of  administration  or  guardianship,  to  approve  claims  and 
bonds,  and  to  direct  the  issuance  from  his  court  of  all  writs  and  process  neces- 
sary to  the  exercise  of  his  powers  over  the  estates  of  deceased  persons,  and 
over  the  property  and  persons  of  minors,  idiots,  and  insane  persons. 

l,  F.  S.  \V.  Co.  v.  Rivers,  14  Nev.  4:14. 


JUSTICES'  COURTS 

[Sees.  28,  29,  and  3D  repealed,  Stats.  1866,  1  •_>.->,  and  the  act  of  1866  was  repealed,  1869,  288.] 

4851.  .Jurisdiction  of  public  offenses. 

SEC.  31.  Justices'  courts  shall  also  have  jurisdiction  of  the  following 
public  offenses,  committed  within  the  respective  counties  in  which  courts  are 
established:  First,  petit  larceny;  second,  assault  and  battery,  not  charged  to 
have  been  committed  upon  a  public  officer  in  the  discharge  of  his  duties,  or 
with  intent  to  kill  ;  third,  breaches  of  the  peace,  riots,  affrays,  committing  a 
wilful  injury  to  property,  and  all  misdemeanors  punishable  by  fine  not  exceed- 
ing five  hundred  dollars,  or  imprisonment  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment. 

Regarding  jurisdiction  of  justices  of  the  peace,  see  Const.,  sec.  323.  Jurisdiction  in  civil 
cases,  sec.  -~»7i4;  extends  to  limits  of  the  county,  sec.  7470. 

Trials  before  justice  of  the  peace  for  misdemeanors,  sec.  7470,  et  seq. 

Duties  of  as  committing  magistrate,  sec.  6929,  et  seq. 

In  case  of  illness  or  absence  may  call  another,  sec.  4926. 

Ex  officio  registry  agent,  and  as  such  may  appoint  deputy,  sec.  1705. 

Violation  of  town  ordinances,  see  sec.  886. 

Proceedings  for  sale  of  personal  property  for  taxes,  sec.  3679. 

See  "Children,"  sees.  741,  742, 

Official  bond  and  oath,  sec.  4927. 

Duties  of  regarding  apprentices,  sec.  490,  et  seq. 

Corresponding  to  sec.  612  (Stats.  1861,  419). 

Cited,  Moore  v.  Orr,  30  Nev.  470  (98  P.  398)  . 

If  the  district  court  did  not  have  the  from  taking  original  jurisdiction  of  the 
power  to  proceed  originally  by  indictment  offense,  claiming  that  it  has  only  appellate 
in  a  criminal  case  prohibition  is  the  proper  jurisdiction.  It  was  held  that  under  Const., 
remedy  to  prevent  it  from  taking  jurisdic-  sec.  321,  ante,  where  the  legislature  gave 
tion.  Moore  v.  Orr,  30  Nev.  4.58,  461  (98  justices'  courts  jurisdiction  of  misdemeanors 
1'.  ::!>S).  of  the  class  mentioned,  the  district  court 

Relator  was  indicted  in  the  district  court       was  deprived  of  original  jurisdiction  in  such 
for  a  misdemeanor  punishable  by  a  fine  not       cases  and  had  only  appellate  jurisdiction  so 
exceeding    $200     or    by    imprisonment    not       that  it  could  not  try  such  a  case  by  indict- 
r  \r-coding  three  months,  or  both,  and  brings       ment.     Idem. 
prohibition    to    prevent    the    district    court 

4852.  Justice  of  peace—  Terms  of  office  and  election—  Vacancies—  Commis- 

sioners to  fill—  Oath  and  bond. 

SEC.  32.     Justices  of  the  peace  shall  hold  their  offices  for  two  years,  and 


Sec.  4853  COURTS  AND  COURT  OFFICERS  1398 

until  their  successors  are  elected  and  qualified.  They  shall  be  chosen  by  the 
electors  of  their  respective  townships  or  cities,  at  the  general  election  in  the 
year  one  thousand  eight  hundred  and  sixty-five  (1865),  and  the  general  elec- 
tion every  two  years  thereafter,  and  shall  enter  upon  their  duties  on  the  first 
Monday  of  January  succeeding  their  election.  Whenever  a  vacancy  shall 
occur  in  the  office  of  a  justice  by  death,  resignation,  or  otherwise,  such 
vacancy  shall  be  filled  by  appointment  of  the  board  of  county  commissioners 
of  the  proper  county.  The  justice  appointed  to  supply  a  vacancy  shall  hold 
his  office  for  the  unexpired  term  of  his  immediate  predecessor.  Each  justice, 
before  entering  upon  the  discharge  of  his  duties,  shall  take  the  constitutional 
oath  of  office,  and  shall  execute  a  bond  to  the  state  in  the  sum  of  five  thou- 
sand (5,000)  dollars,  conditioned  for  the  faithful  performance  of  his  duties, 
and  file  the  same  with  the  county  clerk. 

MUNICIPAL  COURTS 

4853.  Recorders'  courts  in  incorporated  cities— Jurisdiction. 

SEC.  33.  Recorders'  courts,  which  are  already  established,  or  which  may 
hereafter  be  established  in  any  incorporated  city  of  this  state,  shall  have 
jurisdiction:  First— Of  an  action  or  proceeding  for  the  violation  of  any  ordi- 
nance of  their  respective  cities.  Second — Of  an  action  or  proceeding  to  pre- 
vent or  abate  a  nuisance  within  the  limits  of  their  respective  cities.  Third— 
Of  proceedings  respecting  vagrants  and  disorderly  persons. 

See  sees.  316,  323,  324,  325. 

4854.  Idem— Further  jurisdiction— Public  offenses. 

SEC.  34.  The  recorders'  courts  already  established,  or  which  may  hereafter 
be  established,  shall  also  have  jurisdiction  of  the  following  public  offenses, 
committed  in  their  respective  cities:  First,  petit  larceny;  second,  assault  and 
battery,  not  charged  to  have  been  committed  upon  a  public  officer  in  the 
execution  of  his  duties,  or  with  intent  to  kill;  third,  breaches  of  peace,  riots, 
affrays,  committing  a  wilful  injury  to  property,  and  all  misdemeanors  punish- 
able by  fine  not  exceeding  five  hundred  dollars,  or  imprisonment  not  exceed- 
ing three  months,  or  by  both  such  fine  and  imprisonment. 

See  sees.  323,  324,  4851. 

Cited,  State  v.  Rising,  10  Nev.  100. 

4855.  Idem— Where  court  to  be  held. 

SEC.  35.  A  recorder's  court  shall  be  held  by  a  judge  who  shall  be  desig- 
nated as  the  "  Recorder  of  the  City, "  and  said  court  shall  be  held  at  such 
place  in  the  city  within  which  it  is  established  as  the  government  of  such 
city  may  by  ordinance  direct. 

4856.  Election  of  recorder— Term— Oath. 

SEC.  36.  The  recorders  shall  be  chosen  by  the  electors  of  their  respective 
cities,  on  a  day  to  be  fixed  by  the  government  of  such  cities,  and  shall  hold 
their  offices  for  one  year,  unless  a  longer  period  be  fixed  in  the  acts  incor- 
porating such  cities;  in  which  case,  for  such  period  fixed.  Before  entering 
upon  their  duties,  they  shall  take  the  constitutional  oath  of  office. 

4857.  Compensation  fixed  by  charter— No  increase  or  decrease  during-  term. 
SEC.  37.     The  recorders  shall  receive  compensation,  to  be  fixed   by   the 

charter,  or  when  not  so  fixed  by  the  government  of  their  respective  cities,  to 
be  paid  by  such  cities  quarterly,  in  equal  proportions.  Such  compensations 
shall  not  be  increased  or  diminished  during  the  period  for  which  they  are 
elected. 

4858.  Powers  and  duties— Committing  magistrates. 

SEC.  38.     The  recorders  shall  possess  the  powers  and  exercise  the  duties 


1399  COURTS  AND  COURT  OFFICERS  Sec.  4865 

of  committing  magistrates,  in  the  criminal  causes  in  which  the  courts  held 
by  them  have  no  jurisdiction  by  this  act;  and  as  such  magistrates,  they  may 
examine,  commit  or  discharge  all  persons  brought  before  them,  as  the  justice 
and  law  of  the  case  may  require. 

The  power  sought  to  be  conferred  upon  diction  to  be  exercised  by  municipal  courts 

city  and  town  recorders  by  this  section,  "to  to  such  matters  as  relate  to  the  affairs  of 

exercise  the  duties  of  committing  nia^is-  the  incorporated  cities  or  towns  where  alone 

1  rates."  is  completely  judicial  in  its  charac-  they  are  authorized  to  be  established.  Idem. 
fcer.  Meagher  v.  Storey  Co.,  5  Nev.  244,  245,  This  section,  in  so  far  as  it  authorized 

iM ^  -iMo.  city  and  town  recorders  "to  possess  the 

Tin1  words  "municipal  purposes  only,"  as  powers  and  exercise  the  duties  of  committing 

used  in  Const.,  sec.  316,  restrict  the  juris-  magistrates,"  is  unconstitutional  and  void. 

4859.  MM.Y  issue  process. 

SEC.  39.  Recorders  and  recorders'  courts  may  issue  all  legal  process, 
writs,  and  warrants  necessary  and  proper  to  the  complete  exercise  of  their 
powers. 

4860.  Recorders' courts  always  open. 

SEC.  40.  There  shall  be  no  terms  in  recorders'  courts.  These  courts  shall 
always  be  open, 

GENERAL  PROVISIONS  RESPECTING  COURTS  AND  COURT  OFFICERS 

ARTICLE  I 

4861.  Courts  of  record. 

SEC.  41.  The  supreme  court,  the  several  district  courts,  and  such  other 
courts  as  the  legislature  shall  designate,  shall  be  courts  of  record. 

4862.  Proceedings  public— Exception. 

SEC.  42.  The  sittings  of  every  court  of  justice  shall  be  public,  except  as 
provided  in  the  next  section. 

4863.  Idem— Divorce  proceedings— Public  may  be  excluded. 

SEC.  43.  In  an  action  for  divorce  the  court  may  direct  the  trial  of  any 
issue  of  fact  joined  therein  to  be  private,  and  upon  such  directions  all  per- 
sons may  be  excluded,  except  the  officers  of  the  court,  the  parties,  their 
witnesses,  and  counsel. 

4864.  Powers  of  court  —  Enforce  order— Obedience   to  judgments  and 

orders— Control  conduct  of  its  ministerial  officers. 

SEC.  44.  Every  court  shall  have  power  to  preserve  and  enforce  order  in 
its  immediate  presence;  to  enforce  order  in  the  proceedings  before  it,  or 
before  a  person  or  persons  empowered  to  conduct  a  judicial  investigation 
under  its  authority;  to  compel  obedience  to  its  lawful  judgments,  orders,  and 
process,  and  to  the  lawful  orders  of  its  judge  out  of  court  in  an  action  or 
proceeding  pending  therein;  to  control,  in  furtherance  of  justice,  the  conduct 
of  its  ministerial  officers. 

ARTICLE  II 

4865.  When  judge  disqualified— Not  applicable  to  arrangement  of  calen- 

dar or  order  of  business. 

SEC.  45.  A  judge  shall  not  act  as  such  in  an  action  or  proceeding  to  which 
he  is  a  party,  or  in  which  he  is  interested.  Second,  when  he  is  related  to 
either  party  by  consanguinity  or  affinity  within  the  third  degree.  Third, 
when  he  has  been  attorney  or  counsel  for  either  party  in  the  action  or  pro- 
ceeding. Fourth,  when  he  is  related  to  any  attorney  or  counselor,  for  either 
of  the  parties,  by  consanguinity  or  affinity  within  the  fourth  degree,  but  this 
section  shall  not  apply  to  the  arrangement  of  the  calendar,  or  the  regulation 
of  the  order  of  business.  As  amended,  Stats.  1907,  25. 


See.  4866  COURTS  AND  COURT  OFFICERS  1400 

Bias  or  prejudice  on  the  part  of  a  judge  its    disqualified    from    passing    thereon,    and 

constitutes  no  legal  incapacity  to  sit  on  the  should  call  in  another  judge  to  act.     State 

trial  of  a  cause,  and  is  not  sufficient  ground  ex  rel.  Bullion  and  Exchange  Bank  v.  Mack, 

to  authorize  the  change  of  the  nlace  of  trial.  26  Nev.  430,  442  (69  P.  862). 
Allen  v.  Reilly,  15  Nev.  452,  455.  No  formal  application  for  the  calling  of 

Acts  of  a  judge,  involving  the  exercise  of  a   qualified  judge  was  necessary  where  the 

judicial    discretion,    in    a    case   where    he    is  record  disclosed  that  the  acting  judge  was 

disqualified    from    acting,    are   not    voidable  disqualified.      Idem. 

only,   but   void.     Frevert   v.   Swift,   19   Nev.  Under    this    section    it    is   the    duty    of    a 

363,  364  ^11  P.  273).  judge  who  has  been  of  counsel  for  a  party 

A  judge  who  is  disqualified  from  hearing  to  change  the  place  of  trial  to  some  other 

the    case    cannot    extend    the    time    within  judicial  district.     Gamble  v.  District  Court, 

which   to  file  a   statement   on   motion  for  a  27  Nev.  233,  242   (74  P.  530). 
new  trial.     Idem.  Mandamus  will  lie  to  compel  a  judge  who 

.This  section  does  not  disqualify  a  judge,  was  of  counsel  in  an  action  previous  to  his 
who  is  a  property  owner  and  taxpayer  in  the  appointment  as  judge  to  change  the  place 
city  of  Reno,  from  sitting  in  a  cause  to  of  trial  of  such  action  to  some  other  judicial 
enjoin  the  city  from  executing  a  contract  district,  although  no  motion  for  that  pur- 
for  the  construction  of  water-works,  to  be  pose  was  ever  made  in  open  court  where  the 
paid  for  with  municipal  bonds  since,  under  application  for  the  change,  signed  by  the 
the  act  incorporating  the  city,  the  council  petitioner's  attorneys,  was  presented  to  the 
is  not  expressly  authorized  to  tax  property  judge,  the  originals  being  later  properly 
within  the  city  to  pay  the  interest  and  filed,  and  the  motion  for  removal  was  inform- 
ultimately  redeem  the  bonds,  and  it  may  not  ally  made,  and  a  list  of  authorities  for- 
be  necessary  for  it  to  do  so  under  any  warded  to  him,  he  being  engaged  in  judicial 
implied  power,  for  the  reason  that  the  coun-  duties  in  another  county,  and  from  his  rea- 
cil  is  authorized  to  impose  rates  for  the  sons  for  refusal  it  was  evident  he  would 
consumption  of  water.  State  ex  rel.  Schaw  not  have  granted  a  motion,  had  it  been 
v.  Noyes,  25  Nev.  32,  49  (56  P.  946).  formally  made.  (Talbot,  J.,  dissenting.) 

A  judge  who   is  a   stockholder   of  a   cor-  Idem, 
poration  presenting  a  claim  against  the  state 

4866.  Not  to  act  as  attorney  or  counsel  except  when  party. 

SEC.  46.  A  judge  of  the  supreme  court,  or  of  the  district  courts,  shall  not 
act  as  attorney  or  counsel  in  any  court,  except  in  an  action  or  proceeding  to 
which  he  is  a  party  on  the  record. 

4867.  Judge  or  justice  of  peace  not  to  have  partner  in  practice. 

SEC.  47.  A  judge  or  justice  of  the  peace  shall  not  have  a  partner  acting 
as  attorney  or  counsel  in  any  court  in  this  state. 

4868.  Absence  from  state  in  excess  of  90  days  forfeiture  of  office. 

SEC.  48.  A  judge  of  the  supreme  court,  or  of  the  district  court,  shall  not 
absent  himself  from  this  state  for  more  than  ninety  consecutive  days.  A 
violation  of  the  provisions  of  this  section  shall  work  a  forfeiture  of  such 
office.  As  amended,  Stats.  1865,  185. 

See  sec.  332. 

ARTICLE   III 

4869.  Judicial  days. 

SEC.  49.  The  courts  of  justice  may  be  held,  and  judicial  business  may  be 
transacted,  on  any  day  except  as  provided  in  the  next  section. 

4870.  Non judicial  days  enumerated— What  business  allowed— Falling  on 

Sunday,  Monday  following  observed. 

SEC.  50.  No  court  shall  be  open,  nor  shall  any  judicial  business  be  transacted 
on  Sunday,  on  the  1st  day  of  January  (New  Year  Day),  on  the  12th  day  of  Feb- 
ruary (Lincoln's  birthday),  on  the  22d  day  of  February  (Washington's  birth- 
day), on  the  30th  day  of  May,  commonly  known  as  Memorial  Day,  on  the 
4th  day  of  July,  on  the  1st  Monday  of  September  of  each  year  (Labor  Day), 
on  the  31st  day  of  October,  to  be  known  as  Admission  Day,  on  Thanksgiving 
Day,  on  the  25th  day  of  December  (Christmas  Day),  on  a  day  on  which  the 
primary  election  is  held  throughout  the  state,  on  a  day  on  which  the  general 
election  is  held,  or  on  any  day  that  may  be  appointed  by  the  president  of  the 


1401  COURTS  AND  COURT  OFFICERS  Sec.  4872 

United  States,  or  by  the  governor  of  this  state,  for  public  fast,  thanksgiving 
or  holiday,  except  for  the  following  purposes: 

First — To  give,  upon  their  request,  instructions  to  a  jury  then  deliberating 
on  their  verdict. 

Second— To  receive  a  verdict  or  discharge  a  jury. 

Third— For  the  exercise  of  the  powers  of  a  magistrate  in  a  criminal  action, 
or  in  a  proceeding  of  a  criminal  nature. 

Fourth — For  the  issue  of  a  writ  of  attachment,  which  may  be  issued  on 
each  and  all  of  the  days  above  enumerated  upon  the  plaintiff,  of  some  person 
in  his  behalf,  setting  forth  in  the  affidavit  required  by  law  for  obtaining  said 
writ,  the  additional  averment  as  follows:  That  the  affiant  has  good  reason  to 
believe,  and  does  believe,  that  it  will  be  too  late  for  the  purpose  of  acquiring 
a  lien  by  said  writ  to  wait  till  a  subsequent  day  for  the  issuance  of  the  same. 
And  all  proceedings  instituted,  and  all  writs  issued  and  all  official  acts  done 
on  any  of  the  days  above  specified,  under  and  by  virtue  of  this  section,  shall 
have  all  the  validity,  force  and  effect  of  proceedings  commenced  on  other 
days,  whether  a  lien  be  obtained  or  a  levy  made,  under  and  by  virtue  of  said 
writ. 

If  the  1st  day  of  January,  12th  day  of  February,  22d  day  of  February,  30th 
day  of  May,  4th  day  of  July,  31st  day  of  October,  or  the  25th  day  of  Decem- 
ber fall  upon  Sunday,  all  business  transactions  shall  be  suspended  on  the  fol- 
lowing Monday.  As  amended.  Stats.  1911,  22. 

The  board  of  pounty  commissioners  is  not  ami    the    writ   served   on    Sunday   whenever 

a  court.     Such  bodies  may  lawfully  meet  and  tlir   plaintiff,  or  some  person   in   his  behalf, 

transact  business  on  the  first  day  of  January.  makes  the  affidavit  required  by  this  section. 

Brumfield  v.  Douglas  Co.,  2  Nev.  65,  66.  Levy   v.    Klliott,  14  Nev.  435,  437. 

Tlir  provisions  of  this. section  authorizing  The   use- of   the   word   "upon"   instead   of 

the  court   "to  receive  a  verdict  or  discharge  "by"  in  the  affidavit,  held  to  be  a  clerical 

a    jury"   carries  with   it   the  power  to   have  mistake  which  did  not  destroy  its  sufficiency. 

Hie     verdict     recorded,    and    authorizes    the  ]<l»>m. 

court    to    make    such    other    orders    as    may  A  judgment  of  a  justice  of  the  peace  ren- 

be    incident    to    the    power    given,    such    as  <lrn-«l    upon    the   trial,  of  a  criminal  case  on 

•  li'si--iiat  in--   a    day   when   it   will   pronounce  Sunday   is  null  and  void.     Ex  Parte  White, 

judgment  upon  the  verdict.     State  v.  Kover,  1.1    \<-V.    14.6^37  A.  E.  466). 

i:j   Nev,    IS,  23.  Sec.   5   of  the  act  to  redistrict  the  state 

An    undertaking    on    appeal    executed    on  (Stats.    1865,   60),   providing  that   "the   dis- 

Sumlay    is   valid.     The  execution  of  such  a  trict    court    shall    always    be    open    for    the 

bond  is  not  "transacting  judicial  business,"  transaction    of   business,"    does   not    abolish 

and  is  not  prohibited  by  the  statute.     State  the   existing   nonjudicial   days   and   even    if 

\.  cal.  M.  Co.,  13  Nev.  203.  it  did,  would  not  be  beyond  the  powers  of 

An    attachment    suit    can    be    commenced  the  legislature.    State  ex  rel.  Coffin  v.  Ather- 

ton,  19  Nev.  333,  346  (10  P.  901;. 

487 1 .  Courts,  where  held. 

SEC.  51.  Every  court  of  justice,  except  justice's  or  recorder's  court,  shall 
sit  at  the  county-seat  of  the  county  in  which  it  is  held;  justices'  courts  shall 
be  held  in  their  respective  townships,  precincts,  or  cities,  and  recorders'  courts 
in  their  respective  cities. 

4872.  Adjournment  of  court  in  certain  cases— Powers  of  sheriff  or  clerk 

in  absence  of  judge— Judge  may  order  adjournment  by  letter  or 
telegram. 

SEC.  52.  If  no  judge  attend  on  the  day  appointed,  or  to  which  court  may 
have  been  adjourned  before  noon,  the  sheriff  or  clerk  shall  adjourn  the  court 
until  the  next  day  at  10  o'clock,  and  if  no  judge  attend  on  that  day  before 
noon,  the  sheriff  or  clerk  shall  adjourn  the  court  until  the  following  day,  and 
so  on  from  day  to  day  for  one  week;  if  no  judge  attend  for  one  week,  the 
sheriff  or  clerk  shall  adjourn  the  court  for  the  term;  provided,  that  at  any 
time  before  or  during  the  week  which  the  sheriff  or  clerk  is  authorized  to 
adjourn  the  court,  the  judge,  while  in  or  out  of  the  state,  shall  order  by  letter 
or  telegram  to  adjourn  the  court  to  any  day  within  the  term,  the  sheriff  or 


Sec,  4873  COURTS  AND  COURT  OFFICERS  1402 

clerk  shall  adjourn  the  court  to  the  day  so  ordered.     As  amended,  Stats.  1869, 
136;  1881, 165. 

The  purpose  of  this  section  is  to  prevent  judge  to  attend  on  the  first  day  of  the  term, 
the  loss  of  a  term  in  case  of  the  failure  of  a  State  v.  Roberts,  8  Nev.  239,  241. 

4873.  Place  of  holding  court  may  be  changed,  when— Notice  of. 

SEC.  53.  A  judge  authorized  to  hold  or  preside  at  a  court  appointed  to  be 
held  in  a  city,  precinct,  or  town,  may,  by  an  order  filed  with  the  county 
clerk,  and  published  as  he  may  prescribe,  direct  that  the  court  be  held  or 
continued  at  any  other  place  in  the  city  or  county  than  that  appointed,  when 
war,  pestilence,  or  other  public  calamity,  or  the  dangers  thereof,  or  the 
destruction  of  the  building  appointed  for  holding  the  court,  may  render  it 
necessary;  and  may,  in  the  same  manner,  revoke  the  order,  and,  in  his  dis- 
cretion, appoint  another  place  in  the  same  city  or  county  for  holding  the  court. 

4874.  Idem— Parties  to  appear. 

SEC.  54.  When  the  court  is  held  at  a  place  appointed  as  provided  in  the 
last  section,  every  person  held  to  appear  at  the  court  shall  appear  at  the 
place  so  appointed. 

4875.  Supreme  and  district  courts  to  have  seals. 

SEC.  55.  Each  of  the  following  courts,  and  no  other,  shall  have  a  seal: 
First,  the  supreme  court;  second,  the  district  courts. 

4876.  Clerk  to  procure  seal  upon  order  of  judge  or  court— Form  of  seal. 

SEC.  56.  The  several  district  courts  for  which  separate  seals  have  not 
been  heretofore  provided,  or  the  respective  judges  thereof,  by  an  order,  in 
writing,  filed  with  the  respective  clerks  of  such  courts,  shall  direct  such 
clerks  to  procure  such  seals,  and  shall  have  the  following  inscriptions  sur- 
rounding the  same:  For  the  district  courts:  "District  Court, Dis- 
trict, County  of  _  ___,"  inserting  the  number  of  the  district  and  the  name 
of  the  county,  and  any  such  order  that  may  have  been  made  by  any  judge  of 
a  district  court,  shall  have  the  same  effect  as  if  it  had  been  made  in  open 
court.  As  amended,  Stats.  1879,  36. 

4877.  Clerk's  private  seal  may  be  used,  when. 

SEC.  57.  Until  the  seals,  devised  as  provided  in  the  last  section,  are  pro- 
cured, the  clerk  of  each  court  may  use  his  private  seal  whenever  a  seal  is 
required. 

4878.  Clerk  to  keep  seal. 

SEC.  58.     The  clerk  of  each  court  shall  keep  the  seal  thereof. 

4879.  Seal  to  be  affixed  to  what  papers. 

SEC.  59.  The  seal  of  the  court  need  not  be  affixed  to  any  proceedings 
therein,  except:  First,  to  a  summons,  writ,  or  commission  to  take  testimony; 
second,  to  the  proof  of  a  will,  or  the  appointment  of  an  executor,  administra- 
tor, or  guardian;  third,  to  the  authentication  of  a  copy  of  a  record  or  other 
proceeding  of  the  court,  or  an  officer  thereof;  fourth,  to  certificates  of  acknowl- 
edgment, and  all  final  process. 

4880.  Seal,  how  impressed. 

SEC.  60.  The  seal  may  be  affixed  by  impressing  it  on  the  paper,  or  on  a 
substance  attached  to  the  paper  and  capable  of  receiving  the  impression. 

ARTICLE  v 

4881.  Orders  refused  or  granted  conditionally  by  one  judge,  no  applica- 

tion to  be  made  to  other  judge  except  of  higher  court— Rule  not 
to  apply  to  informalities. 

SEC.  61.     If  an  application  for  an  order  made  to  a  judge  of  a  court  in 


1403  COURTS  AND  COURT  OFFICERS  Sec.  4887 

which  the  action  or  proceeding  is  pending  be  refused,  in  whole  or  in  part, 
or  be  granted  conditionally,  no  subsequent  application  for  the  same  order 
shall  be  made  to  any  other  judge,  except  of  a  higher  court;  provided,  that 
nothing  in  this  section  be  so  construed  as  to  apply  to  motions  refused  for  any 
informality  in  the  papers  or  proceedings  necessary  to  obtain  an  order. 

4882.  Idem— Violation  a  contempt— Order,  by  whom  may  be  vacated. 

SEC.  62.  A  violation  of  the  last  section  may  be  punished  as  a  contempt; 
and  an  order  made  contrary  thereto  may  be  revoked  by  the  judge  who  made 
it,  or  vacated  by  a  judge  of  the  court  in  which  the  action  or  proceeding  is 
pending. 

See  sec.  5394. 

4883.  Judicial  officers  may  take  acknowledgment  and  affidavits. 

SEC.  63.  The  judges  and  clerks  of  the  supreme  court,  and  of  the  district 
courts,  shall  have  power  in  any  part  of  the  state;  and  justices  of  the  peace 
and  recorders,  within  their  respective  cities,  precincts,  or  townships,  shall 
have  power  to  take  and  certify:  First,  the  acknowledgment  of  conveyances 
and  the  satisfaction  of  a  judgment  of  any  court;  second,  an  affidavit  to  be 
used  in  any  court  of  justice  in  this  state. 

The  fact  that  this  section  authorizes  jiuli-  power  conferred  on  county  recorders  by  the 
rial  recorders  to  take  acknowledgments  of  act  of  1861,  422.  State  ex  rel.  Ford  v. 
conveyances  does  not  take  away  a  like  Hoover,  5  Nev.  141,  144. 

4884.  Vacancy  in  office  or  failure  of  term  not  to  aftect  action. 

SEC.  64.  No  action  or  proceeding  in  a  court  of  justice  shall  be  affected  by 
a  vacancy  in  the  office  of  all  or  any  of  the  judges,  or  by  the  failure  of  a  term 
thereof. 

4885.  Knjrlisli  lanjruajrc  to  be  used— Abbreviations— Numbers. 

SEC.  65.  Every  written  proceeding  in  a  court  of  justice  in  this  state,  or 
before  a  judicial  officer,  shall  be  in  the  English  language;  but  such  abbrevi- 
ations as  are  now  commonly  used  in  that  language  may  be  used,  and  numbers 
may  be  expressed  by  figures  or  numerals,  in  the  customary  manner. 

An  Act  to  prevent  unnecessary  delay  in  rendering  judicial  decisions  by  the 

courts  of  this  state. 

Approved  March  5,  1891,  28 

4886.  Not  to  receive  monthly  salary  unless  affidavit  filed— Ninety-day 

limitation  for  decisions. 

SECTION  1.  No  justice  of  the  supreme  court  nor  judge  of  the  district  court 
in  this  state  shall,  after  the  first  day  of  July,  A.  D.  one  thousand  eight  hun- 
dred and  ninety-one,  be  allowed  to  draw  or  receive  any  monthly  salary  unless 
he  shall  take  and  subscribe  an  affidavit  before  an  officer  authorized  to  adminis- 
ter oaths  that  no  cause  in  his  court  remains  undecided  that  has  been  sub- 
mitted for  the  period  of  ninety  days. 

See  sees.  258,  330. 

4887.  To  be  filed  with  controller— Authority  for  warrant. 

SEC.  2.  The  said  affidavit  shall  be  filed  with  the  state  controller,  and  shall 
constitute  his  authority  for  drawing  and  delivering  the  monthly  salary  war- 
rant for  any  such  justice  or  judge. 


Sec,  4888  COURTS  AND  COURT  OFFICERS  1404 

SUPREME  COURT 

An  Act  to  determine  who  shall  perform  the  duties  of  bailiff  oj  the  supreme  court 
of  the  State  of  Nevada,  and  fixing  the  compensation  for  his  services,  and  to 
repeal  an  act  entitled  "An  Act  to  regulate  the  appointment  and  compensa- 
tion of  bailiff  of  the  supreme  court, "  approved  March  6,  1899. 

Approved  March  20,  1901,  96 

4888.  Bailiff  of  supreme  court,  sheriff  of  Ormsby  County  is— Compensation. 

SECTION  1.  Hereafter  the  sheriff  of  Ormsby  County,  Nevada,  shall  act  as 
bailiff  of  the  supreme  court  of  the  State  of  Nevada,  and  for  his  services  as 
such  bailiff,  either  in  person  or  by  deputy,  he  shall  receive  from  the  state,  the 
sum  of  four  dollars  per  day,  when  actually  in  attendance  upon  said  court, 
such  sum  to  be  paid  by  the  state  treasurer  out  of  the  biennial  appropriation 
therefor;  and  said  sheriff,  as  such  bailiff,  shall  retain  to  his  own  use  all 
moneys  received  by  him  under  the  provisions  of  this  act. 

An  Act  to  provide  a  reporter  for  the  supreme  court  of  the  State  of  Nevada, 

and  fix  his  compensation. 

Approved  February  13,  1907,  24 

4889.  Official  reporters-Qualifications— Compensation. 

SECTION  1.  The  supreme  court  of  the  State  of  Nevada  is  hereby  authorized 
to  appoint  an  official  reporter  who  shall  be  a  competent  stenographer  and  who 
shall  perform  such  duties  as  may  be  required  of  him  by  said  court,  and  whose 
compensation  shall  be  one  hundred  and  twenty-five  dollars  per  month. 

4890.  Compensation,  how  paid. 

SEC.  2.  The  controller  of  the  state  shall,  at  the  end  of  each  month,  draw 
his  warrant  upon  the  state  treasurer  in  favor  of  such  reporter  for  the  amount 
of  his  compensation  then  due,  and  the  state  treasurer  shall  pay  the  same  out 
of  any  moneys  in  the  state  treasury  not  otherwise  specially  appropriated. 

An  Act  authorizing  the  supreme  court  of  the  State  of  Nevada  to  employ  two 
stenographic  clerks,  and  fixing  their  compensation. 

Approved  February  1,  1909.  5 

4891.  Two  stenographers— Compensation. 

SECTION  1.  The  supreme  court  of  the  State  of  Nevada  or  a  majority 
thereof  is  hereby  authorized  to  employ  two  stenographic  clerks,  whose  com- 
pensation shall  be  the  sum  of  one  hundred  and  twenty-five  (125)  dollars  per 
month  each. 

4892.  Compensation,  how  paid. 

SEC.  2.  The  controller  of  the  state  shall,  at  the  end  of  each  month,  draw 
his  warrant  upon  the  state  treasurer  for  the  amounts  of  their  compensation 
then  due,  and  the  state  treasurer  shall  pay  the  same  out  of  any  moneys  in 
the  state  treasury  not  otherwise  appropriated. 

An  Act  fixing  the  salaries  of  the  justices  of  the  supreme  court  of  the  State 

of  Nevada. 

Approved  February  14, 1907,  26 

4893.  Salary  of  justices  of  supreme  court. 

SECTION  1.  From  and  after  the  expiration  of  the  terms  of  the  present 
incumbents  each  justice  of  the  supreme  court  of  the  State  of  Nevada  shall 
receive  a  salary  of  six  thousand  dollars  a  year,  payable  in  the  manner  and 
at  the  times  now  prescribed  by  law. 


1405  COURTS  AND  COURT  OFFICERS  Sec.  4900 

An  Act  to  fix  the  compensation  of  the  clerk  of  the  supreme  court. 

Approved  February  24.  1875,  84 

[Section  1  superseded,  sec.  4391.] 

I'mler  the  constitution,  the  office  of  clerk  of  the  supreme  court  cannot  be  abolished  by  the 
legislature.  State  ex  rel.  Josephs  v.  Douglass,  33  Nev.  —  (110  P.  177). 

4894.  Fees  collected— How  disposed  of. 

SEC.  2.  All  fees  hereafter  collected  by.  the  clerk  of  the  supreme  court  as 
provided  by  law,  shall  be  paid  into  the  state  treasury  at  the  end  of  every 
quarter,  and  shall  be  apportioned  to  the  general  fund. 

For  fees,  see  sees.  L'ooii,  -Jo: '>•_>. 

Court  fee  to  go  into  supreme  judges'  salary  fund  and  used  for  no  other  purpose,  sec.  L'O.'M. 

Cited.  State  ex  rel.  Howell  v.  La  Grave,  I'.".  Nev.  :(>7.S,  380  (48  P.  674). 

4895.  Official  bond— Examiners  to  approve— Where  filed. 

SEC.  3.  Said  clerk  of  the  supreme  court  shall  execute  an  official  bond, 
with  two  or  more  sureties,  made  payable  to  the  State  of  Nevada,  in  the*  penal 
sum  of  ten  thousand  dollars;  which  bond  shall  be  approved  by  the  board  of 
examiners,  and  filed  with  the  secretary  of  state. 

4896.  Clerk  to  report  to  legislature. 

SEC.  4.  The  clerk  of  the  supreme  court  shall  make  a  full  statement  of  all 
his  proceedings  under  this  act  to  each  succeeding  legislature. 

An  Act  to  provide  for  compiling  and  reporting  the  decisions  of  the  supreme 
court  of  the  State  of  Nevada. 

Approved  March  26,  1909,  314 

4897.  Justices  of  supreme  court  to  eujrajre  attorney  to  compile  Nevada 

Reports. 

SECTION  1.  Whenever  there  are  decisions  rendered  by  the  supreme  court 
of  the  State  of  Nevada  which  will  make  a  volume  of  not  less  than  five  hundred 
pages  it  shall  be  the  duty  of  the  justices  of  the  supreme  court  to  engage  some 
competent  attorney  to  compile  and  report  said  decisions,  making  also  a  synop- 
sis of  the  various  points  decided  in  said  decisions,  and  to  have  them  properly 
printed,  indexed  and  bound,  as  now  provided  by  law  for  the  Nevada  Reports, 
and  the  laws  as  passed  by  the  Nevada  legislature. 

See  ,*ec.  l>(.).">0. 

4898.  Idem— ( 'ompensation. 

SEC.  2.  The  person  so  employed  to  compile  and  report  said  decisions  shall 
receive  for  his  services  in  so  preparing  and  compiling  said  report,  the  sum  of 
seven  hundred  dollars  for  each  volume  so  prepared. 

4899.  Number  to  be  printed— State  printer  to  hold  unbound  copies  sub- 

ject to  order  of  secretary  of  state. 

SEC.  3.  To  provide  against  any  deficiency  in  the  number  of  said  reports, 
the  superintendent  of  state  printing  shall  cause  to  be  printed,  in  addition  to 
the  six  hundred  copies  of  said  decisions  now  directed  by  law  to  be  trans- 
ferred to  the  secretary  of  state  for  distribution,  five  hundred  extra  copies  of 
each  report  of  the  decisions  of  the  supreme  court  hereafter  published,  and 
store  the  same  unbound  subject  to  the  order  of  the  secretary  of  state. 

An  Act  giving  the  clerk  of  the  supreme  court  authority  to  appoint  a 

deputy  in  his  office. 

Approved  March  15,  1911,  72 

4900.  Deputy  clerk  of  supreme  court— Salary— How  apportioned. 

SECTION  1.     The  clerk  of  the  supreme  court  shall  have  power,  under  his 
89 


Sec.  4901  COURTS  AND  COURT  OFFICERS  1406 

hand  and  seal,  to  appoint  one  deputy  in  his  office;  the  deputy  so  appointed 
may,  during  the  absence  or  inability  of  the  clerk  of  the  supreme  court,  per- 
form all  the  duties  of  a  ministerial  nature  requisite  and  pertaining  to  the 
office.  The  salary  of  such  deputy  shall  be  $1,800  per  annum.  Said  salary 
shall  be  payable  as  the  salaries  of  other  state  officers  are  paid. 

DISTRICT  COURT 

An  Act  to  amend  an  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  to 
create  judicial  districts  in  the  State  of  Nevada,  provide  for  the  election  of 
district  judges  therein,  and  to  fix  their  residences  and  salary,  and  to  repeal 
all  other  acts  in  relation  thereto,'  approved  March  27,1907,"  approved 
February  8,  1908.  Approved  March  23>  im  289 

4901.  Judicial  districts  established.  4903.  Judges  to   have  concurrent  and  coex- 

4902.  Salary  of  district  judges — How  paid —  tensive     jurisdiction  — •  May     make 

"District    judges'     salary    fund"  -  rules    for    the   transaction    of   judi- 

Counties   to    contribute   to — County  cial  business. 

*  commissioners  to  order  quota — May  4904.  Judges  seventh  judicial  district, 

make   transfers — County   treasurers  4905.  Mineral  county,  part  of  seventh  judi- 
to  forward — State  treasurer  to  pay.  cial  district. 

4901.    Judicial  districts  established. 

SECTION  1.  The  State  of  Nevada  is  hereby  divided  into  nine  judicial  dis- 
tricts. The  counties  of  Storey,  Douglas,  Ormsby,  and  Lyon  shall  constitute 
the  first  judicial  district;  the  county  of  Washoe  shall  constitute  the  second 
judicial  district;  the  counties  of  Eureka  and  Lander  shall  constitute  the  third 
judicial  district;  the  counties  of  Elko,  Lincoln,  and  Clark  shall,  except  as 
hereinafter  provided,  constitute  the  fourth  judicial  district;  the  county  of 
Nye  shall  constitute  the  fifth  judicial  district;  the  county  of  Humboldt  shall 
constitute  the  sixth  judicial  district;  the  county  of  Esmeralda  shall  constitute 
the  seventh  judicial  district;  the  county  of  Churchill  shall  constitute  the  eighth 
judicial  district,  and  the  county  of  White  Pine  shall  constitute  the  ninth  judi- 
cial district.  For  each  of  said  districts  judges  shall  be  elected  by  the  qualified 
electors  thereof  at  the  general  election  in  the  year  1910,  and  every  four  years 
thereafter,  except  as  otherwise  provided  in  this  act,  as  follows:  For  each  of 
said  districts,  except  the  second  judicial  district  and  the  seventh  judicial  dis- 
trict, there  shall  be  elected  one  judge.  For  the  second  judicial  district  there 
shall  be  two  judges  elected,  and  for  the  seventh  judicial  district  there  shall 
be  two  judges  elected. 

[Sec.  2  provided  that  after  January  1,  1911,  there  should  be  but  one  district  judge  in  the 
seventh  judicial  district.  Provisions  of  this  section  now  obsolete;  see,  also,  sec.  4904.] 

Mineral  county,  carved  out  of  Esmeralda  county  by  Stats.  1911,  p.  10,  remains  part  of  seventh 
judicial  district,  sec.  4905. 

490*2.  Salary  of  district  judges  — How  paid— "District  judges'  salary 
fund"— Counties  to  contribute  to— County  commissioners  to  order 
quota— May  make  transfers— County  treasurer  to  forward— State 
treasurer  to  pay. 

SEC.  3.  The  salary  of  each  judge  herein  elected,  or  appointed  to  fill  vacan- 
cies whenever  such  vacancies  shall  occur,  shall  be  four  thousand  dollars  per 
annum,  except  the  judge  of  the  fourth  judicial  district  whose  salary  shall  be 
five  thousand  dollars  per  annum,  and  the  judge  of  the  fifth  judicial  district 
whose  salary  shall  be  seven  thousand  dollars  per  annum,  and  the  judge  or 
judges  of  the  seventh  judicial  district  whose  salary  shall  be  seven  thousand 
dollars  per  annum,  and  the  judge  of  the  eighth  judicial  district  whose  salary 
shall  be  three  thousand  dollars  per  annum,  all  of  said  salaries  to  be  paid  in 
equal  monthly  installments  out  of  the  district  judges'  salary  fund,  hereby 
created  in  the  state  treasury,  which  fund  shall  be  supplied  in  the  manner 
following,  to  wit: 

Each  county  in  each  district  in  the  state  shall  contribute  annually  to  the 


1407  COURTS  AND  COURT  OFFICERS  Sec.  4905 

said  fund  its  proportionate  share  of  the  money  necessary  to  pay  the  judge  or 
judges  of  its  district  their  respective  salaries  monthly  for  such  year,  based 
upon  the  assessment  roll  of  each  county  for  the  previous  year;  and  it  is  hereby 
made  the  duty  of  the  county  commissioners  of  each  county  to  make  such 
arrangements  and  orders  as  may  be  necessary  to  insure  the  forwarding  of 
their  county's  quota  of  said  district  judges'  salary  fund  to  the  state  treas- 
urer, at  such  times  and  in  such  installments  as  will-  enable  the  state  treasurer 
to  pay  each  district  judge  one-twelfth  of  his  annual  salary  on  the  first  Mon- 
day of  each  and  every  month,  and  to  cause  such  money  to  be  forwarded  by  the 
county  treasurers,  and  if  necessary  in  order  to  render  certain  the  forwarding 
of  such  money  in  ample  time  to  prevent  any  default  in  said  monthly  install- 
ments, said  board  of  county  commissioners  shall  transfer  and  use  any  moneys 
in  the  county  treasuries  except  those  belonging  to  the  public  school  fund. 
No  salary  of  any  district  judge  shall  be  paid  in  advance. 

41M)8.    Judges  to  have  concurrent  and  coextensive  jurisdiction— May  make 
rules  for  transaction  of  judicial  business. 

SEC.  4.  The  second  judicial  district  shall  be  entitled  to,  and  shall  have  two 
district  judges  *  *. 

The  said  district  judges  shall  have  concurrent  and  coextensive  jurisdiction 
within  said  district,  under  such  rules  and  regulations  as  may  be  prescribed 
by  law,  and  they  shall  have  power  to  make  such  rules  and  regulations  as  will 
enable  them  to  transact  judicial  business  of  said  district  in  a  convenient  and 
lawful  manner  *  *  *.  As  amended,  Stats.  1909,  298. 

Portion  of  section  omitted  was  rendered  obsolete  upon  the  establishment  of  the  sixth  and 
eighth  judicial  districts,  which  were  carved  out  of  the  second  judicial  district.  See  sec.  4901. 

4904.  Judges,  seventh  judicial  district. 

SEC.  5.  The  seventh  judicial  district  shall  be  entitled  to  and  shall  have 
two  district  judges  to  hold  office  until  the  first  Monday  in  January,  one  thou- 
sand nine  hundred  and  eleven,  and  after  the  said  first  Monday  in  January, 
one  thousand  nine  hundred  and  eleven,  the  seventh  judicial  district  shall  be 
entitled  to  but  one  district  judge,  and  at  the  general  election  of  1910,  and 
every  four  years  thereafter,  except  as  otherwise  provided  in  this  act,  there 
shall  be  but  one  district  judge  elected  for  the  seventh  judicial  district.  *  *  * 

Portion  of  section  omitted  because  obsolete. 

XOTK— The  acts  referred  to  in  the  title  of  this  act  are  not  amended,  but  are  superseded 
by  it. 

[From  Act  creating  and  organizing  the  county  of  Mineral,  Stats.  1911,  10.] 

[Sections  1  and  2,  relating  to  boundaries  and  county-seat,  will  be  found  under  Mineral 
County,  sees.  1479,  1480.] 

4905.  Mineral  County  part  of  seventh  judicial  district— Court,  when 

held— Commissioners  to  pay  traveling  expenses. 

SEC.  12.     Said  Mineral  County  shall  be  attached  to  and  become  a  part  of 
the  seventh  judicial  district  in  which  said  Mineral  County  court  shall  be  held 
at  least  twice  in  each  calendar  year,  at  dates  to  be  fixed  by  the  judge  of  said 
district  court,  and  the  board  of  county  commissioners  of  said  Mineral  County 
are  hereby  authorized  and  directed  to  pay  the  necessary  traveling  expenses 
of  the  judge  of  said  district  court  from  the  county-seat  of  Esmeralda  County 
to  the  county-seat  of  Mineral  County  and  return. 
Remainder  of  act  omitted  as  not  being  of  a  general  nature. 
See  sec.  4901. 

Other  acts  concerning  judicial  districts  have  been  cited  as  follows: 

Act  of  1861,  287:  Cited,  Evans  v.  Job,  8  Act  of  1866,  139:  Cited,  Leake  v.  Blasdel, 
X««v.  341.  6  Nev.  40,  41,  43;  State  ex  rel.  Aude  v.  Kin- 

Act  of  1861,  289:     Cited,  Sadler  v.  Tatti,       kead,  14  Nev.  117,  119. 

17  Xev.  431-433  (30  P.  1082);  State  v.  Act  of  1869,  86:  Cited,  State  ex  rel.  Flack 
Buralli,  27  Nev.  41,  47  (71  P.  532).  v.  Eogers,  10  Nev.  321-323. 


Sec.  4906  COURTS  AND  COURT  OFFICERS  1408 

Act    of    1869,    133:      Cited,    State    ex    rel.  agreeable  to  the  intention  of  the  legislature 

Flack  v.  Rogers,  10  Nev.  319,  321.  which  passed  them.     Idem. 

Act   of   1873,   145:      A   subsequent   statute  Act    of    1873,    170:      Cited,    State    ex    rel. 

revising     the     whole     subject-matter     of     a  Flack  v.  Rogers,  10  Nev.  320-322. 

former    one,    and    evidently    intended    as    a  Act  of  1877,  164:     Cited,  Sadler  v.  Tatti, 

substitute    for    it,    although    it    contains    no  17  Nev.  429  (30  P.  1082). 

express  words  to   that   effect,   must,   on   the  Act  of  1879,  62:     Cited,  Lang  Syne  M.  Co. 

principles  of  law  as  well  as  in  reason  and  v.  Ross,  20  Nev.  136  (19  A.  S.  334/18  P.  358). 

common  sense,  operate  to  repeal  the  former.  Section   1    of  the  act  of   1889,   122:      The 

State    ex    rel.    Flack    v.    Rogers,    10    Nev.  question  of  the  constitutionality  of  this  stat- 

319-322.  ute  and  the  right  of  respondent  to  hold  the 

The    act    of    1873,    145,    redistricting    the  office  of  district  judge  under  it  can  only  be 

state,  embraces  the  whole  subject-matter  of  raised  by  direct  proceeding  of  quo  warranto, 

the  a£t  of  1869,  133,  including  all  the  amend-  and  is  not  properly  before  the  court   by   a 

ments  thereto,  and  was  evidently  designed,  proceeding     for     a      writ      of     prohibition, 

upon  taking  effect,  to  be  a  substitute  there-  (Belknap,  J.,  dissenting.)     Walcott  v.  Wells, 

for.    Idem.  21  Nev.  48,  53,  54,  64  (37  A.  S.  478,  9  L.  R.  A. 

Where  there  are  several  statutes  relating  59,  24  P.  367). 

to  the  same   subject-matter  they  are  to   be  Act     of     1907,     289:      Cited,    Jennett     v. 

taken    together    and,    if    possible,    to    be    so  Stevens,  33  Nev.  —  (HI  P.  1025).     See  cita- 

construed  as  to  give  each  a  reasonable  effect  tion  of  this  case  under  sec.  1986,  ante. 

An  Act  to  redistrict  the  State  of  Nevada,  prescribe  the  number  and  salaries 
of  district  judges,  and  fix  the  places  of  holding  courts. 

Approved  March  4,  1885,  60 

[Sections  1,  2,  3-,  6  and  8  of  this  act  are  superseded,  sees.  4901-4905.] 
[Sections  4  and  10  superseded  by  sec.  4922.] 
[Section  9  repealed.] 

4906.  District  court  always  open. 

SEC.  5.  The  district  court  shall  always  be  open  for  the  transaction  of 
business. 

See  sees.  4842,  4844,  4922. 

There  are  no  terms  of  the  district  court,       as  the  business  may  require.     State  v.  Jack-- 
the   courts  being  always  open  and   sessions       man,  31  Nev.  511,  516   (104  P.  13). 
held  at  the  convenience  of  the  judges  and 

4907.  Expenses  of  judges  incurred  in  traveling:  to  be  allowed— How  paid- 

Amount  limited. 

SEC.  7.  In  addition  to  the  salary  provided  by  law,  each  district  judge  shall 
be  entitled  to  receive  his  necessary  expenses  in  going  to  and  returning  from 
the  place  of  holding  court,  his  traveling  expenses  when  traveling  by  private 
conveyance,  to  be  estimated  at  the  usual  amounts  charged  by  public  convey- 
ance, and  also  his  necessary  expenses  at  the  place  of  holding  court  when  hold- 
ing court  in  any  county  other  than  that  of  his  residence,  said  expenses  to  be 
allowed  and  paid  as  other  claims  against  the  state,  but  in  no  case  shall  such 
expenses  exceed  the  amount  of  one  thousand  ($1,000)  dollars  per  annum  for 
each  judge.  As  amended,  Stats.  1907,  62. 

[Sees.  4  and  10  are  superseded,  and  sec.  9  is  repealed  by  Stats.  1895,  56.] 

This  act  has  been  further  cited  as  fol-  Sec.  9  cited  in  above  case  on  pages  333, 347. 

lows:  Sees.  1,  2,  3  cited,  in  same  case,  on  page  336. 

The  prohibition  contained  in  Const.,  sec.  Sec.  4  cited  in  same  case  on  pages  345,  346. 
325,  ante,  does  not  apply  to  the  "necessary  Sec.  5  cited  in  same  case  on  pages  333,  346. 
expenses"  in  this  section.  State  ex  rel.  Coffin  Cited,  Walcott  v.  Wells,  21  Nev.  47,  54  (37 

v.  Atherton,  19  Nev.  332,  346  (10  P.  901).  A.  S.  478,  9  L.  E.  A.  59,  24  P.  36',). 

An  Act  to  provide  for  the  appointment  of  official  reporters  for  the  district 
courts,  their  duties,  qualifications  and  compensation,  and  to  repeal  all 
former  acts  in  relation  thereto. 

Approved  March  12,  1907.  99 

4908.  District  court  judges  to  appoint  official       4909.  Idem  —  Qualifications  —  Examined    by 

reporters — Kemovable  at  pleasure —  bar  committee — Test  of  competency 

Duties.  — Certificate  of. 


* 

1409  COURTS  AND  COURT  OFFICERS  Sec.  4910 

4!'lo.  Duty  to  attend  office — When   may  be       4!>i:i.   Reporters    fees  —  County    to    pay    in 
excused — Reporter   pro   tempore.  criminal     cases  —  Parties     in     civil 

41H1.  Must  take  oath.  cases — May  be  taxed  as  costs. 

4912.  Transcript  prima  facie  evidence. 

41)08.    District  court  judges  to  appoint  official  reporters— Removable  at 
pleasure— Duties. 

SECTION  1.  The  judge  or  judges  of  any  district  court  in  the  state  may 
appoint  a  competent  phonographic  reporter,  or  as  many  such  reporters  as 
there  are  judges,  to  be  known  as  official  reporter  or  reporters  of  such  court, 
and  to  hold  office  during  the  pleasure  of  the  judge  or  judges  appointing  them. 
Such  reporter,  or  any  one  of  them,  where  there  are  two  or  more,  must,  at  the 
request  of  either  party,  or  of  the  court  in  a  civil  action  or  proceeding,  and  on 
the  order  of  the  court,  the  district  attorney  or  the  attorney  for  the  defendant 
in  a  criminal  action  or  proceeding,  take  down  in  shorthand  all  the  testimony, 
the  objections  made,  the  rulings  of  the  court,  the  exceptions  taken,  all 
arraignments,  pleas  and  sentences  of  defendants  in  criminal  cases,  and  all 
statements  and  remarks  made  and  oral  instructions  given  by  the  judge;  and 
if  directed  by  the  court,  or  requested  by  either  party,  must,  within  such 
reasonable  time  after  the  trial  of  such  case  as  the  court  may  designate,  write 
out  the  same,  or  such  specific  portions  thereof  as  may  be  requested,  in  plain 
and  legible  longhand,  or  by  typewriter,  or  other  printing  machine,, and  certify 
to  the  same  as  being  correctly  reported  and  transcribed,  and  when  directed 
by  the  court  file  the  same  with  the  clerk  of  the  court. 

41MW.    Idem— Qualifications— Examined  by  bar  committee— Test  of  com- 
petency—Certificate of. 

SEC.  2.  No  person  shall  be  appointed  to  the  position  of  official  reporter  of 
any  court  in  this  state  except  upon  satisfactory  evidence  of  good  moral  char- 
acter and  without  being  first  examined  as  to  his  competency  by  at  least  three 
members  of  the  bar  practicing  in  said  court,  such  members  to  be  designated 
by  the  judge  or  judges  of  said  court.  The  committee  of  members  of  the  bar 
so  designated  shall,  upon  the  request  of  the  judge  or  judges  of  said  court, 
examine  any  person  as  to  his  qualifications  whom  said  judge  or  judges  may 
wish  to  appoint  as  official  reporter;  and  no  person  shall  be  appointed  to  such 
position  upon  whose  qualifications  such  committee  shall  not  have  reported 
favorably.  The  test  of  competency  before  such  committee  shall  be  as  fol- 
lows: The  party  examined  must  write  in  the  presence  of  such  committee  at 
the  rate  of  at  least  one  hundred  and  fifty  words  per  minute  for  five  consec- 
utive minutes,  upon  matter  not  previously  written  by  or  known  to  him, 
immediately  read  the  same  back  to  the  committee,  and  transcribe  the  same 
into  longhand  writing,  plainly  and  with  accuracy.  If  he  pass  such  test  satis- 
factorily, the  committee  shall  furnish  him  with  a  written  certificate  of  that 
fact,  signed  by  at  least  a  majority  of  the  members  of  the  committee,  which 
certificate  shall  be  filed  among  the  records  of  the  court. 

4910.    Duty  to  attend  to  office— When  may  be  excused— Reporter  pro 
tempore. 

SEC.  3.  The  official  reporter  of  any  district  court  shall  attend  to  the  duties 
of  his  office  in  person,  except  when  excused  for  good  and  sufficient  reason  by 
order  of  the  court,  which  order  shall  be  entered  upon  the  minutes  of  the 
court.  Employment  in  his  professional  capacity  elsewhere  shall  not  be 
deemed  a  good  and  sufficient  reason  for  such  excuse.  When  the  official 
reporter  of  any  court  has  been  excused  in  the  manner  provided  in  this  sec- 
tion, the  court  may  designate  an  official  reporter  pro  tempore,  who  shall  per- 
form the  same  duties  and  receive  the  same  compensation  during  the  term  of 
his  employment  as  the  official  reporter. 


Sec.  4911  COURTS  AND  COURT  OFFICERS  1410 

4911.  Must  take  oath. 

SEC.  4.  The  official  reporter  of  any  court,  or  official  reporter  pro  tempore, 
shall,  before  entering  upon  the  duties  of  his  office,  take  and  subscribe  the 
constitutional  oath  of  office. 

4912.  Transcript  prima  facie  evidence. 

SEC.  5.  The  report  of  the  official  reporter,  or  official  reporter  pro  tempore, 
of  any  court,  duly  appointed  and  sworn,  when  transcribed  and  certified  as 
being  a  correct  transcript  of  the  testimony  and  proceedings  in  the  case,  is 
prima  facie  evidence  of  such  testimony  and  proceedings. 

4913.  Reporter's  fees— County  to  pay  in  criminal  cases— Parties  in  civil 

cases— May  be  taxed  as  costs. 

SEC.  6.  For  his  services  the  official  reporter  shall  receive  the  following 
fees: 

For  reporting  testimony  and  proceedings,  ten  dollars  per  day,  which  amount, 
when  more  than  one  case  is  reported  in  one  day,  must  be  apportioned  by  the 
court  between  the  several  cases. 

For  transcription,  he  shall  receive  ten  cents  per  hundred  words  for  the 
first  copy,  and  five  cents  per  hundred  words  for  each  additional  copy. 

In  criminal  cases  the  fees  for  reporting  and  for  transcripts  ordered  by  the 
court  to  be'  made  must  be  paid  out  of  the  county  treasury  upon  the  order  of 
the  court;  provided,  that  when  there  is  no  official  reporter  in  attendance,  and 
a  reporter  pro  tempore  is  appointed,  his  reasonable  expenses  for  traveling 
and  detention  must  be  fixed  and  allowed  by  the  court  and  paid  in  like  manner. 

In  civil  cases  the  fees  for  reporting  and  for  transcripts  ordered  by  the  court 
to  be  made  must  be  paid  by  the  parties  in  equal  proportions,  and  either  party 
may,  at  his  option,  pay  the  whole  thereof;  and  in  either  case,  all  amounts  so 
paid  by  the  party  to  whom  costs  are  awarded  must  be  taxed  as  costs  in  the 
case.  The  fees  for  transcripts  and  copies  ordered  by  the  parties  must  be  paid 
by  the  party  ordering  the  same.  No  reporter  must  be  required  to  perform 
any  service  in  a  civil  case  until  his  fees  therefor  have  been  paid  to  him  or 
deposited  with  the  clerk  of  the  court. 

An  Act  to  provide  for  the  appointment  of  bailiffs  for  the  district  courts  of  the 
several  judicial  districts  of  this  state  in  the  counties  polling  forty-five 
hundred  or  more  votes;  defining  the  powers  and  duties  of  such  bailiffs; 
fixing  their  compensation  and  repealing  all  acts  or  parts  of  acts  in  conflict 
with  this  act. 

Approved  February  24,  1909,  36 

4914.  Judge   may   appoint  bailiff  in   certain       4918.  Compensation — How  paid. 

.counties.  4919.  Limitation     of     powers  —  Sheriff     not 

4915.  Idem — Where  more  than  one  judge —  relieved. 

Each  may  appoint.  4920.  Commissioners  to  allow  salary — Auditor 

4916.  Duty  of  bailiff.  and  treasurer  to  pay. 

4917.  Qualifications — Bond — Powers  of  peace 

officer. 

4914.  Judg'e  may  appoint  bailiff  in  certain  counties. 

SECTION  1.  The  judge  of  each  district  court  of  this  state  may  appoint  a 
bailiff  for  such  court  in  counties  polling  forty-five  hundred  or  more  votes; 
such  bailiff  to  be  appointed  and  removed  at  the  pleasure  of  the  judge  appoint- 
ing him. 

4915.  Idem— Where  more  than  one  judge,  each  may  appoint. 

SEC.  2.  In  all  judicial  districts  where  there  are  more  than  one  judge,  each 
judge  may  appoint  a  bailiff  to  attend  upon  the  division  of  the  court  presided 
over  by  him  in  counties  polling  forty-five  hundred  or  more  votes. 


1411  COURTS  AND  COURT  OFFICERS  Sec.  4 

4916.  Duty  of  bailiff. 

SEC.  3.  It  shall  be  the  duty  of  each  bailiff  to  preserve  order  in  the  court, 
or  the  division  to  which  he  may  be  appointed;  to  attend  upon  the  jury;  to 
open  and  close  court,  and  to  perform  such  other  duties  as  may  be  required  of 
him  by  the  judge  of  the  court. 

4917.  Qualifications— Bond— Powers  of  peace  officer. 

SEC.  4.  The  said  bailiff  shall  be  a  qualified  elector  of  the  county,  and  shall 
give  a  bond  in  the  sum  of  two  thousand  ($2,000)  dollars,  conditioned  for  the 
faithful  performance  of  his  duty,  said  bond  to  be  approved  by  the  district 
judge.  The  bailiff  shall  have  all  the  powers  of  a  peace  officer. 

491tt.    Compensation,  how  paid. 

SEC.  5.  The  compensation  of  each  bailiff  for  his  services  shall  be  one 
hundred  and  fifty  ($150)  dollars  per  month,  and  shall  be  paid  by  the  county 
wherein  he  is  appointed,  the  same  as  the  salaries  of  other  county  officers  are 
paid. 

4919.  Limitation  of  powers— Sheriff  not  relieved. 

SEC.  6.  The  provisions  of  this  act  shall  not  be  construed  to  authorize  the 
bailiff  to  serve  any  civil  or  criminal  process,  except  such  orders  of  the  court 
which  shall  be  specially  directed  by  the  court,  or  the  presiding  judge  thereof, 
to  him  for  service.  Nor  shall  it  be  construed  as  relieving  the  sheriff  of  any 
duty  required  of  him  by  law  to  maintain  order  in  the  said  court-room. 

4920.  Commissioners  to  allow  salary— Auditor  and  treasurer  to  pay. 
SEC.  7.     The  board  of  county  commissioners  of  the  respective  counties 

shall  allow  the  salary  named  in  section  5  of  this  act,  as  other  salaries  are 
allowed  to  county  officers,  and  the  auditor  shall  draw  his  warrant  for  the 
same,  and  the  county  treasurer  shall  pay  the  same. 

An  Act  providing  offices  for  the  district  judges  in  this  state. 

Approved  March  3.  1869.  115 

4921.  Offices  for  district  judges— Failure  of  commissioners  to  furnish— 

Court  may  direct  sheriff— Charge  against  county. 

SECTION  1.  Offices  shall  be  provided  and  furnished  by,  and  at  the  expense 
of  the  several  counties  in  this  state,  for  the  several  district  judges  therein; 
and  whenever  the  county  commissioners  of  any  county  in  this  state  shall 
neglect  or  refuse  to  provide  and  furnish  an  office  for  the  use  of  the  district 
judge,  it  shall  be  lawful  for  such  district  judge  to  make  an  order  (which  shall 
be  entered  upon  the  minutes  of  the  court),  requiring  the  sheriff  to  provide 
and  furnish  such  office;  and  the  necessary  expenses  incurred  therein  shall 
become  a  legal  and  valid  claim  against  said  county. 

See  sec.  4841. 

Cited,  Owen  v.  Nye  Co.,  10  Nev.  345. 

An  Act  concerning  the  district  courts  of  the  State  of  Nevada  and  the 

judges  thereof. 

Approved  March  13.  1895.  56 

4922.  District  judges— Equal,  coextensive  and  concurrent  jurisdiction- 

Functions  of  court  and  judges  at  chambers— Decision  signed  any 
part  of  state— Clerk  to  enter— Several  may  hold  court  in  one 
county  at  one  time— Court  held  in  each  county,  how  often— Judge 
to  control  business  in  his  district. 
SECTION  1.     The  district  judges  of  the  State  of  Nevada  shall  possess  equal 


Sec.  4923  COURTS  AND  COURT  OFFICERS  1412 

coextensive  and  concurrent  jurisdiction  and  power.  They  shall  each  have 
power  to  hold  court  in  any  county  of  this  state.  They  shall  each  exercise 
and  perform  the  powers,  duties  and  functions  of  the  court,  and  of  judges 
thereof,  and  of  judges  at  chambers.  The  decision  in  an  action  or  proceeding 
may  be  written  or  signed  at  any  place  in  the  state,  by  the  judge  who  acted 
on  the  trial  and  may  be  forwarded  to,  and  filed  by  the  clerk,  who  shall  there- 
upon enter  judgment  as  directed  to  in  the  decision,  or  judgment  may  be 
rendered  in  open  court,  and,  if  so  rendered,  shall  be  entered  by  the  clerk 
accordingly.  If  the  public  business  requires,  each  judge  may  try  causes  and 
transact  judicial  business  in  the  same  county  at  the  same  time.  Each  judge 
shall  have  power  to  transact  business  which  may  be  done  in  chambers  at 
any  point  within  the  state,  and  court  shall  be  held  in  each  county  at  least 
once  in  every  six  months,  and  as  often  and  as  long  as  the  business  of  the 
county  requires.  All  of  this  section  is  subject  to  the  provision  that  each 
judge  may  direct  and  control  the  business  in  his  own  district,  and  shall  see 
that  it  is  properly  performed. 

See  sec.  4844. 

Where,  on  the   determination  of  a   cause,  statement  on  motion  for  new  trial  in  a  cause 

the  court  entered  an  order  that  all  further  tried  by  the  absent  judge  without  an  affida- 

business  not  completed  and  all  new  business  vit  that  the  latter  was  still  absent  at  the 

brought  before  the  court  during  the  absence  time   the    order    was   granted.      Twaddle    v. 

of  such  judge  should  be  referred  to  the  judge  Winters,  29  Nev.  88,  97,  99  (85  P.  280). 

of  another  district,  the  judge  of  such  other  Cited,  Young  v.  Updike,  29  Nev.  305   (89 

district  had  jurisdiction  in  •chambers  within  P.  457) ;    State  v.  Jackman,  31  Nev.  511,  516, 

his  own  district  to  grant  an  ex  parte  order  517   (104  P.  13). 
extending  the  time  for  the  preparation   of 

An  Act  making  it  lawful  for  the  district  judge  for  each  judicial  district  of 
this  state,  to  sign  any  and  all  minutes  and  records  of  the  district  court  for 
which  he  is  incumbent,  left  unsigned  by  his  predecessor  in  office,  or  by  any 
district  judge  previously  sitting  in  the  district  or  county,  and  making  such 
minutes  and  records  when  thus  signed  of  the  same  force  and  effect,  as  if 
they  had  been  signed  by  such  predecessor  or  such  district  judge  previously 

Sitting.  Approved  March  22.  1911.  321 

4923.  District  judge  may  sign  records  left  unsigned  by  predecessor— 

Effect  of. 

SECTION  1.  At  any  time  after  the  passage  and  approval  of  this  act,  it  shall 
be  lawful  for  the  district  judge  of  each  judicial  district  of  this  state,  during 
his  continuance  in  office,  to  sign  any  and  all  minutes  and  records  of  the  court 
of  the  district  for  which  he  is  incumbent,  in  whatsoever  district  or  county  the 
same  may  be,  left  unsigned  by  his  predecessor  in  office  or  by  any  district 
judge  previously  sitting  in  the  said  district  or  county,  and  such  minutes  and 
records,  when  thus  signed,  shall  have  the  same  force  and  effect,  to  which 
they  would  have  been  entitled,  had  they  been  signed  by  such  predecessor  in 
office,  or  by  such  district  judge  previously  sitting  in  the  said  district  or  the 
said  county. 

An  Act  concerning  the  duties  of  district  judges  in  this  state. 

Approved  February  12, 1879.  32 

4924.  District  judges  to  instruct  grand  juries  text  of  statutes  relative  to 

duties  of  military,  civil  and  peace  officers. 

SECTION  1.  It  shall  be  and  it  is  hereby  made  the  special  duty  of  all  dis- 
trict judges  in  this  state  to  give  in  charge  to  the  grand  juries,  at  the  com- 
mencement of  each  term  of  their  respective  courts,  the  full  text  of  the 
statutes  of  this  state,  in  reference  to  the  duties,  conduct,  responsibilities,  and 
penalties  of  military,  civil,  and  peace  officers  in  this  state. 

See  sec.  7014. 


1413  COURTS  AND  COURT  OFFICERS  Sec.  4928 

An  Act  to  amend  section  one  of  an  act  entitled  "An  act  concerning  the  duties 
of  district  judges  in  the  state,"  approved  February  23,  1901. 

Approved  March  6. 1903.  50 

41)25.    To  instruct  grand  juries  relative  to  statutes  requiring  erection  of 
guide-boards. 

SECTION  1.  It  shall  be  and  is  hereby  made  the  special  duty  of  all  district 
judges  in  this  state  to  give  in  charge  to  the  grand  juries,  whenever  grand 
juries  are  impaneled  in  their  respective  courts,  the  full  text  of  the  statutes 
of  this  state  in  reference  to  the  erection  of  guide-boards  on  public  roads 
and  highways,  also  to  give  in  charge  to  said  grand  juries,  the  full  text  of 
the  statutes  of  this  state  in  reference  to  the  record  of  births,  deaths  and 
marriages. 

Original  act,  consisting  of  but  one  section,  was  superseded  by  above,  and  is  therefore 
omitted. 

3CC.  7014  regarding  charging  of  grand  jury. 

JUSTICES  OF  THE  PEACE 

An  Act  concerning  justices  of  the  peace. 

Approved  March  4,  1881.  141 

4926.    (hie  justice  may  act  for  another— Time  limited— Registry  agent. 

SECTION  1.  Whenever  any  justice  of  the  peace,  in  consequence  of  ill  health, 
absence  from  his  township,  or  other  cause,  shall  be  prevented  from  attending 
to  his  official  duties,  it  shall  be  lawful  for  him  to  invite  any  other  duly  qualified 
justice  of  the  peace  of  the  same  county  to  attend  to  his  official  duties,  includ- 
ing that  of  registry  agent,  instead  of  such  absent  or  disqualified  justice  of 
the  peace;  provided,  such  temporary  vacancy,  resulting  from  absence  or  dis- 
qualification, shall  not  be  so  filled  for  more  than  thirty  days  at  any  one  time. 
As  amended,  Stats.  1885,  20. 

Sec  sees.  170o,  4Sol. 

An  Act  concerning  official  bonds  of  justices  of  the  peace  and  constables. 

Approved  February  10, 1873,  51 

41)27.    Justices  of  the  peace,  oatli  and  bond— Approval  and  filing. 

SECTION  1.  Each  justice  of  the  peace  hereafter  elected  or  appointed  in 
this  state  shall,  before  entering  upon  the  duties  of  his  office,  take  the  oath 
prescribed  by  law,  and  execute  a  bond  to  the  State  of  Nevada,  to  be  approved 
by  the  board  of  county  commissioners,  in  the  penal  sum  of  not  less  than  one 
thousand  dollars  nor  more  than  five  thousand  dollars,  as  may  be  designated 
by  such  board  of  county  commissioners;  which  bond  shall  be  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  shall  be  filed  in  the 
county  clerk's  office. 

4928.    Constable,  oath  and  bond— Approval  and  filing. 

SEC.  2.  Each  constable  hereafter  elected  or  appointed  in  this  state  shall, 
before  entering  upon  the  duties  of  his  office,  take  the  oath  prescribed  by  law, 
and  execute  a  bond  to  the  State  of  Nevada,  to  be  approved  by  the  board  of 
county  commissioners,  in  the  penal  sum  of  not  less  than  one  thousand  dollars 
nor  more  than  three  thousand  dollars,  as  may  be  designated  by  such  board 
of  county  commissioners;  which  bond  shall  be  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  and  shall  be  filed  in  the  county  clerk's 
office. 

Official  bonds  and  duties  in  general.    State  434;    State  v.  Wells,  8  Nev.   105;    State  v. 

v.  Kruttschnitt,  4  Nev.  178;  King  v.  Grannis,  Nevin,   19   Nev.   162;     Jeffree   v.   Walsh,   14 

3  Nev.  548;    McDonald  v.  Prescott,  2  Nev.  Nev.    143;     White   Pine   Co.   v.   Herrick,    19 

109;     Kruttschnitt    v.    Hauck,    6    Nev.    163;  Nev.  34;    Alderson  v.  Mendes,  16  Nev.  298. 

State   v.   Ehoades,   6   Nev.   352,  and   7   Nev.  Other  acts  concerning  this  general  subject 


Sec.  4929  COURTS  AND  COURT  OFFICERS  1414 

have  been  cited  as  follows:     Act  of  1861,  39:  The  fact  that  the  docket  fee  was  paid  by 

State  v.  Cal.  M.  Co.,  13  Nev.  203,  212,  214,  the  clerk  instead  of  the  plaintiff  cannot  be 

215.      Act    of   1865,   98,   sec.   3:      Beatty   v.  taken  advantage  of  by  defendant.     Rose  v. 

Rhoades,  3  Nev.  253,  354.  Richmond   Mining   Co.,    17    Nev.   25,   47,   54 

Act  of  1865,  406:     The  statute  requiring  (affirmed,  114  U.  S.  576,  37  P.  1105);    Harris 

the  payment   of  a   docket  fee   on  the  com-  v.  Helena  M.  Co.,  29  Nev.  515  (92  P.  1). 

mencement  of  every  action  or  proceeding  in  Act    of    1866,    101:       See    Cavanaugh    v. 

a   district  court,  does  not  apply  to  actions  Wright,  2  Nev.  166,  167,  under  Const.,  sec. 

commenced  by  the  state.     State  v.  Rhoades,  323,  ante. 
6  Nev.  353,  373. 

JURORS  AND  JURIES 

General  act  concerning  juries,  approved  March  5,  1873,  section  4929-4935. 

Act  supplementary  thereto,  approved  March  5,  1875,  section  4936. 

Act  regulating  the  manner  of  drawing  juries  in  district  courts,  approved  February  20, 
1885,  sections  4937-4940. 

Act  to  exempt  from  jury  duty  persons  over  sixty-five  years  of  age,  approved  January  30, 
1889,  section  4941. 

Act  relating  to  expenses  of  juries  in  civil  cases,  approved  March  5,  1869,  section  4942. 

Other  Statutory  Provisions 

Grand  jury,  formation,  sections  7002-7019;  powers  and  duties,  sections  7020-7041. 
Jury  in  civil  trials  in  district  court,  section  5204,  et  seq. 

Jury  in  criminal  trials  in  district  court,  formation,  section  7124;  challenging,  section 
7129,  et  seq.;  verdict,  section  7213,  et  seq. 

Jury  in  justices'  courts,  civil  cases,  section  5764,  et  seq.,  section  5799,  et  seq. 
Jury  in  justice's'  courts,  criminal  cases,  section  7483,  et  seq. 
Jury  in  probate  contests,  similar  to  civil  cases,  section  6138. 

Constitutional  Provisions 
Charges  to  jury,  how  made,  section  327. 

Crimes  which  disqualify  from  serving  on  jury,  section  285. 
Electors  not  convicted  of  crime  to  serve  on  juries,  section  285. 
Grand  jury,  indictment  or  presentment  by,  section  237. 
Jury  trial  secured,  Nev.  Const.,  section  232,  U.  S.  Const.,  sections  156,  176. 
Jury  trial  may  be  waived  in  certain  cases,  section  232. 
Verdict  in  civil  cases,  three-fourths  of  jurors  may  find,  section  232. 
Verdict  in  civil  cases,  legislature  may  require  unanimous,  section  232. 

An  Act  concerning  juries. 

Approved  March  5, 1873.  126 

4929.  Who  are  qualified  jurors.  4932.  Exemption  from  jury  duty,  who  enti- 

4930.  Regular    panel    of    trial    jurors — How,  tied   to — Proof  of,   required — When 

when  and  where  drawn — Sheriff  to  residence  sixty  miles  or  more  from 

serve  and  return  venire.  county-seat. 

4931.  Grand   jury  —  Number   of  —  Judge   or      4933.  Court  may  excuse  juror  for  cause. 

clerk   and   commissioners   to   select.      4934.  Penalty  for  nonattendance. 

4935.  Per  diem  and  mileage. 

4929.    Who  are  qualified  jurors. 

SECTION  1.  Every  qualified  elector  of  the  state,  whether  registered  or  not, 
who  has  sufficient  knowledge  of  the  English  language,  and  who  has  not  been 
convicted  of  treason,  felony,  or  other  infamous  crime,  and  who  is  not  rendered 
incapable  by  reason  of  physical  or  mental  infirmity,  is  a  qualified  juror  of  the 
county  in  which  he  resides,  or  the  county  to  which  it  is  attached  for  judicial 
purposes.  As  amended,  Stats.  1881, 23. 

[Sees.  2  and  3  superseded. by  following  act.] 

As  to  who  are  electors  under  constitution,  see  sec.  250. 

Person  convicted  of  crime  not  to  serve  on  juries,  Const.,  sec.  285. 

Kerr,  C.  C.  P.,  198-199. 

The  privilege,  or  duty  of  being  a  juror  is  ticular  case  is  not  essential  to  the  equal  pro 
not  always  an  incident  of  citizenship.  State  tection  of  the  law  and  is  not  guaranteed  by 
v.  Ah  Chew,  16  Nev.  58  (48  A.  R.  488).  the  fourteenth  amendment  to  the  United 

The  state  has  the  right  to  prescribe  the      States  constitution.     Idem, 
qualifications  of  its  jurors,  provided  it  does  See  Philips   v.   Eureka   Co.,    19   Nev.    351 

not  discriminate  against  persons  because  of       (11  P.  32). 
their  race  or  color.     A  mixed  jury  in  a  par- 


1415  COURTS  AND  COURT  OFFICERS  Sec.  4981 

4930.  Regular  panel  of  trial  jurors,  how,  when  and  where  drawn— Dis- 
cretion to  exclude  certain  names  drawn— List  subject  to  inspec- 
tion—Venire to  issue— Sheriff  to  serve  and  return— Inspection  of. 

SEC.  4.  To  constitute  the  regular  panel  of  trial  jurors  for  any  term  of 
the  district  court  such  number  of  names  as  the  judge  may  direct  shall  be 
drawn  from  the  jury  box.  The  regular  panel  of  trial  jurors  may  be  drawn 
before  the  commencement  of  the  term  of  court,  and,  if  so  drawn,  the  judge 
thereof  must  make  and  file  with  the  county  clerk  an  order  that  one  be 
drawn,  and  the  number  of  jurors  to  be  drawn  must  be  named  in  the  order. 
The  drawing  shall  take  place  in  the  office  of  the  county  clerk,  during  regular 
office  hours,  in  the  presence  of  all  persons  who  may  choose  to  witness  it. 
If  the  panel  be  drawn  before  the  commencement  of  the  term  it  shall  be 
drawn  by  the  judge  and  clerk,  or,  if  the  judge  so  directs,  by  any  one  of  the 
county  commissioners  of  the  county  and  the  clerk,  and  if  the  judge  directs 
that  the  panel  be  drawn  by  one  of  the  county  commissioners  of  the  county 
and  the  clerk,  the  judge  must  make  and  file  with  the  clerk  an  order  desig- 
nating the  name  of  such  county  commissioner,  and  fixing  the  number  of 
names  to  be  drawn  as  trial  jurors  and  the  time  at  which  the  persons  whose 
names  are  so  drawn  shall  be  required  to  attend  in  court.  The  drawing 
shall  be  conducted  as  follows :  The  number  to  be  drawn  having  been  pre- 
viously determined  by  the  judge,  the  box  containing  the  names  of  the  jurors 
shall  first  be  thoroughly  shaken;  it  shall  then  be  opened  and  the  judge  and 
clerk,  or  one  of  the  county  commissioners  of  the  county  and  the  clerk,  if  the 
judge  has  so  ordered,  shall  alternately  draw  therefrom  one  ballot  until  of 
nonexempt  jurors  the  number  determined  upon  is  obtained;  provided,  that 
if  the  officers  drawing  such  jury  deem  that  the  attendance  of  any  juror 
whose  name  is  so  drawn  cannot  be  conveniently  and  cheaply  to  the  county 
obtained,  by  reason  of  the  distance  of  the  residence  of  such  juror  from  the 
court  or  other  cause,  his  name  may,  in  the  discretion  of  such  officers,  be 
returned  to  the  box  and  in  its  place  the  name  of  another  juror  drawn  whose 
attendance  said  officers  may  deem  can  be  conveniently  and  cheaply  to  the 
county  obtained.  A  list  of  the  names  so  obtained  shall  be  made  out  and 
certified  by  the  officers  drawing  the  jury,  which  list  shall  remain  in  the 
clerk's  office  subject  to  inspection  by  any  officer  or  attorney  of  the  court, 
and  the  clerk  shall  immediately  issue  a  venire,  directed  to  the  sheriff  of  the 
county,  commanding  him  to  summon  the  persons  so  drawn  as  trial  jurors 
to  attend  in  court  at  such  time  as  the  judge  may  have  directed,  and  the 
sheriff  shall  make  return  of  the  venire  at  least  the  day  before  the  day 
named  for  their  appearance,  after  which  the  venire  shall  be  subject  to 
inspection  by  any  officer  or  attorney  of  the  court.  As  amended,  Stats.  1879, 
33;  1881,26. 

[Sees.  5,  6  and  7,  superseded  by  following  act.] 

Kerr,  C.  C.  P.,  214-221,  225. 

Sec.  5:     The  question  as  to  the  necessity          The  form  of  oath  as  prescribed  by  statute 
of    selecting   additional   trial   jurors   by    an       should    always    be    followed;    its    substance 
open  venire  is  within  the  discretion  of  the       cannot  be  dispensed  with.     Idem, 
court.     State   v.    Angelo,    18   Nev.   425,   428 
(4  P.  1080). 

4981.  Grand  jury— Number  of— Judge  or  clerk  and  commissioners  to 
select— Judge  to  make  order  concerning— Venire  to  sheriff— Judge 
to  select  seventeen— Additional  selections. 

SEC.  8.  It  shall  be  the  duty  of  the  district  judge  and  any  one  of  the 
county  commissioners  of  the  county,  at  least  once  in  each  year  and  as  much 
oftener  as  the  public  interest  may  require,  to  select  from  the  jury  list 
twenty-four  persons  who  shall  be  summoned  to  appear  as  grand  jurors  at 
such  time  as  the  judge  may  order ;  provided,  that  if  the  district  judge  deems 


Sec,  4932  COURTS  AND  COURT  OFFICERS  1416 

proper  he  may  direct  any  one  of  the  county  commissioners  of  the  county 
and  the  clerk  to  select  the  grand  jurors,  and  such  county  commissioner  and 
clerk,  if  the  judge  so  directs,  shall  select  from  the  jury  list  twenty-four 
persons  as  grand  jurors.  If  the  judge  directs  the  grand  jurors  to  be 
selected  by  one  of  the  county  commissioners  of  the  county  and  the  clerk, 
the  judge  must  make  and  file  with  the  clerk,  an  order  designating  the  name 
of  such  county  commissioner,  and  the  judge  shall  in  said  order  fix  the  time 
during  the  term  of  court  when  said  grand  jurors  shall  be  required  to 
appear ;  and  if  from  any  cause,  such  county  commissioner  and  clerk  should 
fail  to  select  the  grand  jurors,  the  judge  and  any  one  of  the  county  com- 
missioners may,  at  any  time,  select  the  same.  A  list  of  the  names  so 
selected  as  grand  jurors  shall  be  made  out  and  certified  by  the  officers 
making  such  selection  and  be  filed  in  the  clerk's  office,  and  the  clerk  shall 
immediately  issue  a  venire,  directed  to  the  sheriff  of  the  county,  command- 
ing him  to  summon  the  persons  so  drawn  as  grand  jurors  to  attend  in 
court  at  such  time  as  the  judge  may  have  directed;  and  the  sheriff  shall 
summon  such  grand  jurors,  and  out  of  the  number  so  summoned  the  court 
shall  select  seventeen  persons  to  constitute  the  grand  jury.  If  from  any 
cause  a  sufficient  number  do  not  appear,  or  those  who  appear  are  excused 
or  discharged,  an  additional  number,  sufficient  to  complete  the  grand  jury, 
shall  be  selected  from  the  jury  list  by  the  judge  and  clerk  and  summoned 
to  appear  in  court  at  such  time  as  the  court  may  direct.  As  amended,  Stats. 
1879,34;  1881,27. 

[Section  8  repealed,  Stats.  1893,  32.  Repealing  act  unconstitutional,  State  v.  Hartley,  22 
Nev.  342.] 

See  sec.  4940. 

Kerr,  C.  C.  P.,  241-243. 

Regarding  indictments  and  proceedings  before  grand  juries,  see  sees.  6999,  7002,  et  seq. 

The  statutory  causes  of  challenge  to  the  It  is  not  necessary  to  have  the  full  venire 

panel  of  a  grand  jury  specified  in  Stats.  1861,  of  twenty-four  present  before  a  grand  jury 

454,  sec.   179,   do  not  apply  to  the  changed  of  seventeen  is  selected;   the  provisions  for 

method   of   drawing  grand   jurors  according  a  larger  venire  than  the  grand  jury  selected 

to  this  section.     State  v.  Williams,  31  Nev.  being  directory.     Id^m. 
360-363  (102  P.  974). 

4932.    Exemption  from  jury  duty,  who  entitled  to— Proof  of  required— 
When  residence  sixty  miles  or  more  from  county-seat. 

SEC.  9.  Upon  satisfactory  proof,  made  by  affidavit  or  otherwise,  the 
following-named  persons,  and  no  other  shall  be  exempted  from  service  as 
grand  or  trial  jurors:  Any  federal  or  state  officer,  judge,  justice  of  the 
peace,  county  clerk,  sheriff,  constable,  assessor,  recorder,  attorney  at  law, 
physician,  minister  of  the  gospel,  telegraph  operator,  locomotive  or  station- 
ary engineer,  mail  carrier,  engaged  in  the  actual  carrying  of  the  United  States 
mail,  on  a  regular  mail  route,  and  one-half  of  all  members  of  each  regu- 
larly enrolled  fire  company  in  the  state,  said  half  to  be  determined  by  the 
several  fire  companies  respectively,  and  all  officers  of  such  fire  companies, 
not  exceeding  ten  for  each  company,  and  also  in  all  cities  and  towns  wherein 
there  is  a  paid  fire  department,  after  such  paid  fire  department  shall  have 
been  organized  and  put  in  operation,  all  members  of  said  paid  fire  depart- 
ment, and  all  persons  who  are  now  or  may  hereafter  become  members  of 
any  exempt  firemen's  association,  society  or  organization  within  this  state ; 
but  such  exemption  shall  not  extend  to  any  member  of  such  association, 
society  or  organization,  unless  prior  to  becoming  a  member  of  the  same, 
such  member  shall  have  served  as  an  active  fireman,  in  some  regularly 
organized  fire  department  in  this  state,  for  the  period  of  three  years,  and 
also,  in  all  cities  and  towns  in  this  state,  wherein  there  are  volunteer  fire 
departments,  after  such  volunteer  departments  shall  have  been  organized 
and  put  in  operation  all  members  thereof;  and  also,  all  members  thereof, 


1417  COURTS  AND  COURT  OFFICERS  Sec.  4935 

who  may  hereafter  become  members  of  any  exempt  fireman's  association, 
society  or  organization,  within  this  state;  but  such  exemption  shall  not 
extend  to  any  member  of  such  association,  society  or  organization,  unless 
prior  to  becoming  a  member  of  the  same,  such  member  shall  have  served 
as  an  active  fireman  in  some  regularly  organized  volunteer  fire  depart- 
ment in  this  state,  for  the  period  of  five  years;  provided,  that  the  entire 
exemption  of  such  exempt  firemen,  where  there  is  a  paid  fire  department, 
shall  not  exceed  in  one  town  or  city,  one  hundred  and  fifty;  and  where 
there  is  a  volunteer  fire  department,  the  entire  exemption  shall  not  exceed, 
in  any  one  town  or  city,  fifty ;  and  further  provided,  that  any  person  liable 
to  grand  or  trial  jury  duty  residing  sixty  or  more  miles  distant  from  the 
county-seat  of  his  county,  shall  be  exempted  from  service  on  either  grand 
or  trial  juries  for  the  period  of  one  year  upon  making  affidavit  to  the  fact 
that  he  so  resides  and  filing  the  same  with  the  clerk  of  the  district  court  of 
the  district  in  which  his -county  is  situated  and  paying  to  such  clerk  the  sum 
of  twenty-five  dollars.  Upon  the  receipt  of  such  affidavit  and  such  sum, 
the  said  clerk  shall, deliver  to  such  person  a  certificate  stating  the  fact  of 
such  receipts,  and  thereafter,  for  the  period  of  one  year  from  the  date  of 
such  payment,  the  name  of  such  person  shall  not  be  placed  in  the  jury  box, 
nor  shall  such  person  be  selected  as  a  grand  or  trial  juror.  It  shall  be  the 
duty  of  said  clerk,  upon  the  receipt  of  said  sum,  to  deliver  the  same  to  the 
county  treasurer  of  his  county,  and  the  said  treasurer  shall  immediately 
place  the  same  to  the  credit  of  the  general  fund  of  said  county.  As 
amended,  Stats.  1875,  137;  1877,176;  1881,155;  1895,51. 

(SEC.  2.)  All  portions  of  the  act  of  which  this  act  is  amendatory,  relative 
to  the  prescribing  of  bounds  by  the  judges  of  the  several  district  courts, 
in  their  several  counties,  and  the  exemption  of  persons  from  serving  on 
juries  by  payment  for  such  exemption,  are  hereby  repealed. 

See  sec.  4('»li>,  telegraph  employer. 

See  sec.  4941,  persons  over  60  exempt. 

See  sec.  33-56,  teachers  exempt,  when. 

Kerr,  C.  C.  P.,  200. 

Whore  in  a  criminal  case  it  was  objected  but  the  exercise  of  a  legitimate  legislative 

that     the     accused     was     unconstitutionally  power  of  exemption  and  therefore  not  uncon- 

doprivod  of  a  common-law  jury  by  operation  stitutional.     State  v.  Cohn,  9  Nev.  180,  182, 

of  this  section  allowing  bounds  to  be  fixed  189. 

by   judges    and    exempting   persons   residing  The  clerk  is  not  entitled  to  any  fees  from 

outside  thereof  from  jury  duty  on  the  pay-  the  county  for  issuing  time  checks  or  certifi- 

ment   of  a   fee,   it   was  held,  that   this  was  cates  to  each  individual  juror.     Washoe  Co. 

v.  Humboldt  Co.,  14  Nev.  124,  129,  132. 

4983.    Court  may  excuse  juror  for  cause. 

SEC.  10.  At  any  time  during  the  term  the  court  may,  in  its  discretion, 
excuse  temporarily,  or  for  the  term,  any  juror  on  account  of  sickness  or 
physical  disability,  or  serious  illness  or  death  of  a  member  of  his  immediate 
family. 

See  sec.  4936. 

Kerr,  C.  C.P.,201. 

4934.  Penalty  for  nonattendance. 

SEC.  11.  Any  person  summoned  as  provided  in  this  act  to  serve  as  a  juror, 
who  shall  fail  to  attend  and  serve  as  such  juror,  shall,  unless  excused  by  the 
court,  be  fined  in  any  sum  not  exceeding  five  hundred  dollars,  in  the  discre- 
tion of  the  court,  and  be  imprisoned  in  the  county  jail  until  such  fine  be  paid, 
at  the  rate  of  two  dollars  per  day. 

Kerr,  C.  C.P.,238. 

4935.  Per  diem  and  mileage. 

SEC.  12.  Each  person  summoned  to  serve  as  grand  jurors,  and  each  trial 
juror  summoned  as  provided  in  this  act,  unless  said  trial  juror  be  excused  by 


Sec.  4936  COURTS  AND  COURT  OFFICERS  1418 

the  court  from  serving  on  the  day  he  is  summoned  to  attend,  shall  receive 
three  dollars  per  day  for  each  and  every  day  he  may  be  in  attendance,  and 
fifteen  cents  per  mile  in  traveling  to  and. returning  from  court,  to  be  paid  as 
hereinbefore  provided.  As  amended,  Stats.  1877,  185. 

See  sees.  2001,2013. 

Cited,  Philips  v.  Eureka  Co.,  19  Nev.  350,  354,  355  (11  P.  32) . 

An  Act  amendatory  of  and  supplementary  to  an  act  entitled  "An  act  concern- 
ing juries, "  approved  March  fifth,  eighteen  hundred  and  seventy-three. 

Approved  March  5,  1875, 139 

4936.  Discharge  of  excess  trial  jurors. 

SECTION  1.  When  at  any  time  there  shall  be  a  larger  number  of  trial 
jurors  in  attendance  upon  any  court  than  are  required  for  the  business  of 
the  term,  or  for  the  time  being,  the  court  may  excuse,  temporarily,  or  dis- 
charge for  the  term,  a  sufficient  number  of  those  who  have  served  longest, 
to  reduce  the  panel  to  the  number  required. 

See  sec.  4933. 

An  Act  regulating  the  manner  of  drawing  juries  in  the  district  courts  of 

this  state. 

Approved  February  20,  1885,  32 

4937.  County     commissioners     to     estimate       4939.  Juror     not     serving     may     be     drawn 

number  of  trial  jurors  required  and  again — Jurors  who  serve  not  to  be 

select   names — Residence   and   occu-  drawn  following  year — Exception, 

pation  entered  on  minutes.  4910.  Manner    of   drawing   juries   after   box 

4938.  Names    to    be    written    on    slips    and  exhausted — Commissioners  to  make 

deposited  in  jury  box — How  kept.  additional    selection  —  Grand    jury, 

how  selected — Open  venire,  when. 

4937.  County  commissioners  to  estimate  number  of  trial  jurors  required 

and  select  names— Eesidence  and  occupation  entered  on  minutes. 

SECTION  1.  The  board  of  county  commissioners  in  each  county  of  the 
State  of  Nevada,  shall,  at  its  first  meeting  after  the  approval  of  this  act,  and 
thereafter  at  its  first  regular  meeting  in  each  year,  by  an  order  duly  made 
and  entered  on  its  minutes,  estimate  as  nearly  as  possible,  the  number  of 
trial  jurors  that  will  be  required  for  attendance  on  the  district  court  of  said 
county  until  the  next  annual  selection  of  trial  jurors  under  this  act.  The 
said  board  shall  thereupon  select  from  the  qualified  electors  of  the  county, 
whether  registered  or  unregistered,  not  exempt  by  law  from  jury  duty,  such 
number  of  qualified  electors  as  it  has  been  estimated  to  be  necessary.  The 
names  of  the  electors  so  selected,  shall  be  entered  upon  the  minutes  of  said 
board,  together  with  the  occupation  and  place  of  residence  of  each  of  such 
electors  so  selected.  As  amended,  Stats.  1895,  51. 

It  is  within  the  discretion  of  the  court  to  returned  to  the  jury   box  under  the  provi- 

vacate  an   order  under  which   a  venire  has  sions  of  this  section.     State  v.  Jaekman,  31 

issued  before  the  return  day  thereof  and  if  Nev.  512,  520  (104  P.  13;. 
it  is  so-vacated  the  names  thereon  should  be 

4938.  Names  to  be  written  on  slips  and  deposited  in  jury  box— How  kept. 

SEC.  2.  The  names  so  selected  shall  at  the  same  time  be  written  on  sep- 
arate slips  of  paper,  and  deposited  in  a  box,  to  be  provided  and  kept  for  that 
purpose,  and  known  as  the  jury  box;  said  box,  when  not  in  use  as  herein 
provided,  shall  be  kept  securely  locked  by  the  county  clerk. 

4939.  Juror  not  serving  may  be  drawn  again— Jurors  who  serve  not  to 

be  drawn  following  year— Exception. 

SEC.  3.  When  a  juror  drawn  is  not  summoned,  or  fails  to  appear,  or  after 
appearing  is  excused  by  the  judge  from  serving,  his  name  shall  be  returned 


1419  COURTS  AND  COURT  OFFICERS  Sec,  4942 

to  the  box  to  be  drawn  again.  The  board  of  commissioners  shall  not  select 
the  name  of  any  person  whose  name  was  selected  the  previous  year,  and 
who  actually  served  on  the  jury,  unless  there  be  not  enough  other  suitable 
jurors  in  the  county  to  do  the  required  jury  duty. 

41M-0.  Manner  of  drawing  juries  after  box  exhausted— Commissioners  to 
make  additional  selection— (irand  jury,  how  selected— Open  venire, 
when. 

SEC.  4.  When  all  the  names  in  the  jury  box  have  been  exhausted,  or  there 
are  not  enough  therein  to  complete  the  next  panel  that  may  be  drawn,  the 
district  judge  shall  certify  the  same  to  the  board  of  county  commissioners, 
together  with  a  statement  of  the  number  of  additional  names  that  will  be 
required,  and  said  board  shall  thereupon  proceed  and  select  such  required 
number  of  jurors  in  the  manner  hereinbefore  provided,  and  thereafter  trial 
jurors  may  be  drawn  therefrom  as  before.  Grand  jurors  may  be  selected 
from  the  qualified  jurors  of  the  county  whether  their  names  are  or  are  not 
upon  the  list  selected  by  the  board  of  commissioners,  and  it  shall  at  all  times 
be  in  the  discretion  of  the  court,  with  the  consent  of  all  parties  litigant  to 
the  action  or  actions  to  be  tried  thereby,  either  to  draw  the  names  of  the 
jurors  from  the  box,  as  in  this  act  provided,  or  to  issue  an  open  venire  directed 
to  the  sheriff,  requiring  him  to  summon,  either  immediately  or  for  a  day  fixed, 
from  the  citizens  of  the  county,  but  not  from  the  bystanders,  such  number 
of  persons  having  the  qualifications  of  jurors  as  may  be  needed;  the  persons 
thus  summoned  shall  be  as  competent  trial  jurors  in  all  respects  as  if  drawn 
from  the  jury  box.  As  amended,  Stats.  1887, 121. 

Tin-  question  as  t<>  the  necessity  of  selecting  additional  trial  jurors  by  an  open  venire  is 
within  the  discretion  of  the  district  court.     State  v.  Angelo,  18  Nev.  425. 
Regarding  grand  jurors,  see  sec.  4931. 

An  Act  to  exempt  certain  persons  from  duty  as  jurors  on  account  of  age. 

Approved  January  30, 1889,  26 

41)41.    IVrsons  aged  65  years,  or  over,  exempt. 

SECTION  1.  All  persons  of  the  age  of  sixty-five  years,  or  over,  are  hereby 
exempt  from  serving  as  grand  or  trial  jurors,  and  whenever  it  shall  appear 
to  the  satisfaction  of  the  court,  by  affidavit  or  otherwise,  that  a  juror  is  over 
the  age  of  sixty-five  years,  the  court  shall  order  said  juror  excused  from  all 
service  as  a  grand  or  trial  juror,  if  the  juror  so  desires. 

An  Act  concerning  certain  expenses  relative  to  jurors  in  civil  cases. 

Approved  March  5,  1869.  Ill 

4942.  Expense  of  board  and  lodging  of  jury, how  paid— Charged  as  costs- 
Clerk  to  disburse. 

SECTION  1.  In  all  cases  when  a  jury  is  kept  together  by  reason  of  the 
requirements  concerning  special  juries,  or  by  failure  to  agree  upon  a  verdict, 
the  expenses  of  their  board  and  lodging  shall  be  taxed  as  other  disburse- 
ments and  expenses  in  favor  of  the  prevailing  party.  No  verdict  shall  be 
entered  or  judgment  rendered  thereon,  until  the  same  is  paid  or  rendered. 
The  clerk  shall  receive  and  properly  disburse  all  money  properly  taxable 
under  the  provisions  of  this  act. 

See  sec.  5208. 

Former    acts    in    relation    to    jurors    have  Act    of    1861,    138:     At    common    law,    a 

been  cited  as  follows:  grand  juror  was  not  precluded  from  finding 

A  defendant  indicted  for  a  misdemeanor  an  indictment  because  he  was  either  a  wit- 
may  be  tried  by  a  jury  of  eleven  men,  if  he  ness  or  a  prosecutor.  State  v.  Millain,  3 
consents  to  such  a  jury,  and  his  consent  is  Nev.  409. 

not    a    waiver    of    a    jury    trial.     State    v.  Our  statute  fixes  distinctly  what  shall  be 

Borowsky,  11  Nev.  119.  the    disqualification    of    a    grand   juror,    and 


Sec.  4942 


COURTS  AND  COURT  OFFICERS 


1420 


nothing  else  than  what  the  statute  pre- 
scribes can  disqualify  one  from  acting  as 
such.  Idem. 

A  prosecutor  is  "one  who  prefers  an 
accusation  against  a  party  whom  he  sus- 
pects to  be  guilty."  A  party  who  appears 
in  response  to  a  subpena  is  not  a  prosecutor, 
but  only  a  witness.  Idem. 

A  jury  drawn  while  the  court  is  in  session, 
in  the  presence  of  the  court  and  its  officers 
must  be  held  to  have  been  drawn  in  open 
court,  whether  it  was  done  in  the  room 
where  the  court  usually  sits  or  in  any  other 
room  of  the  court-house  building.  Idem. 

A  mere  suspicion  on  the  mind  of  a  juror 
that  the  defendant  is  guilty  does  not  dis- 
qualify him  from  sitting  on  a  petit  jury, 
especially  if  that  suspicion  mainly  arises 
from  the  examination  to  which  he  is  sub- 
jected by  the  prisoner's  counsel  touching  his 
qualifications  as  a  juror.  It  is  only  an 
unqualified  opinion  that  disqualifies.  Idem. 

"Unqualified  opinion  or  belief"  commented 
on.  Idem. 

As  the  law  formerly  stood,  six  grounds  of 
challenge  were  allowed  to  grand  jurors.  The 
last  three  were  as  follows:  "Fourth,  that 
he  is  a  prosecutor  on  a  charge  or  charges 
against  defendant;  fifth,  that  he  is  a  witness 
on  the  part  of  the  prosecution  and  has  been 
served  with  process,  or  bound  by  an  under- 
taking as  such;  sixth,  that  he  has  expressed 
a  decided  opinion  that  defendant  is  guilty 
of  the  off ense  for  which  he  is  held  to  answer." 
The  insertion  of  the  fourth  and  fifth  clauses 
shows  a  distinction  was  jtaken  between  wit- 
ness and  prosecutor.  Idem. 

A  challenge  to  the  panel  of  trial  jurors 
must  be  in  writing,  specifically  stating  the 
grounds  of  challenge  or  other  facts  on  which 
the  challenge  is  based.  Idem. 

Cited,  State  v.  Collyer,  17  Nev.  229. 

Act  of  1865,  137,  sees.  2  and  3:  A  judg- 
ment will  nof  be  reversed  for  failure  to  com- 
ply strictly  with  these  sections,  unless  it 
shall  appear  that  the  defendant  may  have 
been  injured  by  such  failure.  State  v. 
Squaires,  2  Nev.  226-229. 

It  was  not  the  intention  of  the  legislature 
to  require  the  judge  and  assessor  to  pass  on 
the  qualifications  of  each  person  in  selecting 
names  out  of  which  to  form  a  jury.  Idem. 

The  names  should  be  selected  from  the 
assessment  roll.  As  to  the  qualifications  of 
those  selected,  that  could  not  be  passed  on 
at  the  time  of  selection.  Idem. 

The  failure  to  return  the  panel  at  the  time 
required  could  not  prejudice  the  defendant 
if  he  had  ample  time  after  the  return  to 
inspect  the  panel.  Idem. 

It  is  error  to  allow  a  jury  to  disperse 
after  an  impanelment  without  the  consent  of 
the  prisoner.  But  a  jury  is  not  properly 
impaneled  until  they  are  sworn  and  charged 
with  the  case.  Idem. 

This    court   cannot    review   the    action    of 


the  court  below  in  disallowing  a  challenge 
for  cause  when  the  party  objecting  makes  no 
specification  as  to  the  nature  of  the  objec- 
tion upon  which  he  interposes  the  challenge. 
The  party  challenging  should  specify  the 
grounds  of  his  challenge.  Idem. 

Cited,  State  v.  Collyer,  17  Nev.  279. 

Act  of  1866,  191:  The  selection  of  grand 
jurors  during  a  term  of  the  court  must  be 
by  the  same  officers,  or  it  will  not  be  a  legal 
grand  jury.  State  v.  McNamara,  3  Nev. 
71-75. 

An  indictment  found  by  a  grand  jury  not 
legally  selected,  is  invalid.  Idem. 

Under  section  8  of  this  act,  a  grand  jury 
may  be  selected  and  impaneled  after  the 
commencement  of  a  term,  whenever  one  is 
wanted.  State  v.  Lawry,  4  Nev.  161,  165. 

The  discharge  of  a  jury  impaneled  in  a 
criminal  case  after  they  have  been  sworn 
might  operate  as  a  bar  to  a  subsequent  prose- 
cution; but  not  so  when  they  have  not  been 
charged  with  the  case.  Idem. 

Cited,  State  v.  Collyer,  17  Nev.  279. 

Act  of  1869,  138,  cited,  Gillette  v.  Sharp, 
7  Nev.  245-248;  Philips  v.  Eureka  Co.,  19 
Nev.  349,  350. 

Act  of  1871,  56,  cited,  Gillette  v.  Sharp, 
7  Nev.  245-248;  Phillips  v.  Eureka  Co.,  19 
Nev.  350. 

Act  1877,  185,  cited,  Philips  v.  Eureka 
Co.,  19  Nev.  350-355  (11  P.  32). 

Act  of  1879,  33,  sec.  2,  cited,  State  v. 
Williams,  31  Nev.  362  (102  P.  974). 

Act  of  1881,  26,  sec  2:  A  motion  to  quash 
an  indictment  because  the  grand  jurors 
were  not  selected  acording  to  law,  ought  to 
be  made  before  plea.  State  v.  Collver,  17 
Nev.  275,  277-279  (30  P.  891). 

If  the  plea  has  been  entered,  and  the 
motion  to  quash  thereafter  made .  in  good 
faith,  before  the  trial  commences,  the  court 
should  allow  the  plea  to  be  withdrawn,  and 
give  defendant  an  opportunity  to  be  heard 
upon  his  motion.  Idem. 

This  statute  requiring  grand  jurors  to  be 
selected  from  the  "jury  list"  was  not 
intended  simply  as  a  protection  to  parties 
who  might  be  brought  before  the  grand 
jury.  When  the  persons  selected  by  the 
proper  officers  wrere  qualified  jurors,  whose 
names  ought  to  have  been  on  the  jury  list, 
and  the  selection  was  made  without  fraud 
or  collusion,  the  mere  failure  of  the  officers 
to  keep  the  jury  list  reformed  does  not  fur- 
nish a  sufficient  ground  to  authorize  the 
court  to  set  aside  an  indictment.  Idem. 

Cited,  State  v.  Williams,  31  Nev.  362  (102 
P.  974). 

The  acts  of  1893,  31,  43,  providing  that  ten 
persons  shall  constitute  the  grand  jury  and 
that  eight  of  the  number  may  find  an  indict- 
ment, are  unconstitutional.  State  v.  Hartley, 
22  Nev.  342  (28  L.  R.  A.  33,  40  P.  372). 

For  fees  of  jurors,  see  sees.  2001,  2013. 


1421  COURTS  AND  COURT  OFFICERS  Sec,  4942 

RULES  OF  THE  SUPREME  COURT  OF  THE  STATE  OF  NEVADA 
Adopted  September  1,  1879,  with  Amendments  of  October  25,  1911,  Which  Do  Not  Become 

Effective  Until  April  1,  1912 

EULE  I 

1.  Applicants  for  license  to  practice  as  attorneys  and  counselors  will  be  examined  in 
tiptMi  court  on  the  first  day  of  the  term. 

2.  Examination  for  Attorney  at  Law-— The  supreme  court,  upon  application  of  the  dis- 
trict judge  of  any  judicial  district,  will  appoint  a  committee  to  examine  persons  applving 
for  admission  to  practice  as  attorneys  and  counselors  at  law.     Such  committee  will  consist 
of  the  district  judge  and  at  least  two  attorneys  resident  of  the  district. 

The  examination  by  the  committee  so  appointed  shall  be  conducted  and  certified  accord- 
ing to  the  following  rules: 

Examination  by  Committee— The  applicant  shall  be  examined  by  the  district  judge  and 
at  least  two  others  of  the  committee,  and  the  questions  ^nd  answers  must  be  reduced  to 
writing. 

No  intimation  of  the  questions  to  be  asked  must  be  given  to  the  applicant  by  any  mem- 
ber of  the  committee  previous  to  the  examination. 

Examination  to  Embrace — The  examination  shall  embrace  the  following  subjects: 
1.  The  history  of  this  state  and  of  the  United  States; 
i'.  The  constitutional  relations  of  the  state  and  federal  go\  eminent s; 

3.  The  jurisdiction  of  the  \arious  courts  of  this  state  and  of  the  United  States; 

4.  The  various  sources  of  our  municipal  law; 

5.  The  general   principles  of  the  common    law   relating  to   property  and  personal  rights 
and  obligations; 

<!.   The  general  grounds  of  equity  jurisdiction  and  principles  of  equity  jurisprudence; 

7.  Rules  and  principles  of  pleading  and  evidence; 

8.  Practice  under  the  civil  and  criminal  codes  of  Nevada; 
'.'.    Remedies  in   hypothetical  cases; 

10.  The  course  and  duration  of  the  applicant's  studies. 

3.  The  examiners  will  not  be  expected  to  go  very  much  at   large  into  the  details  of  these 
subjects,  but  only  sufficiently  so  fairly  to  test  the  extent  of  the  applicant's  knowledge  and 
the  accuracy  of  his  understanding  of  those  subjects  and  books  which  he  has  studied. 

4.  Examination  by   Committee — When   the   examination    is    completed   and   reduced   to 
writing,  the  examiners   will   return   it   to  this  court,  accompanied  by  their  certificate  show- 
ing whether  or  not  the  applicant  is  of  good  moral  character  and   has  attained  his  majority, 
and  is  a  bona  fide  resident  of  this  state.     Such  certificate  shall  also  contain  the  facts  that 
the  applicant  was  examined  in  the  presence  of  the  committee;    that  he  had  no  knowledge 
or  intimation  of  the  nature  of  any  of  the  questions  to  be  propounded  to  him  before  the  same 
were  asked  by  the  committee,  and   that  the  answers  to   each   and   all   the  questions  were 
taken  down  as  ^iven  1>\   the  applicant  without  reference  to  any  books  or  other  outside  aid. 

5.  Fee  To  Be  Deposited  Before  Examination — The  fee  of  thirty-five  dollars  for  license 
must  in  all  cases  be  deposited  with  the  clerk  of  the  court  before  the  application  is  made,  to 
be  returned  to  the  applicant  in  case  of  rejection. 

6.  Oath  of  Attorney — In  addition  to  the  constitutional  oath  or  affirmation,  attorneys, 
before  being  admitted  to  practice,  shall  take  the  following  oath  or  affirmation: 

1.  That  I  will  maintain  the  respect  due  to  courts  of  justice  and  judicial  officers; 

2.  That  I  will   counsel   and  maintain   such   actions,   proceedings,   and   defenses   only,   as 
appear  to  me  legal  and  just;  except  the  defense  of  a  person  charged  with  a  public  offense; 

3.  To  employ  for  the  purpose  of  maintaining  the  causes  confided  to  me,  such  means  only 
as  are  consistent  with  truth,  and  never  to  seek  to  mislead  the  judge  by  any  artifice  or 
false  statement  of  facts  or  law; 

4.  That  I  will  maintain  inviolate  the  confidence  and,  at  every  peril  to  myself,  preserve 
the  secrets  of  my  client; 

5.  That  I  will  abstain  from  all  offensive  personality,  and  advance  no  fact  prejudicial  to 
the  honor  or  reputation  of  a  party  or  witness,  unless  required  by  the  justice  of  the  cause 
with  which  I  am  charged; 

6.  That  I  will  never  reject,  from  any  consideration  personal  to  myself,  the  cause  of  the 
defenseless  or  oppressed.     So  help  me  God.     (As  amended,  October  25,  191].) 

RULE  II 

Filing  Transcript — The  transcript  of  the  record  on  appeal  shall  be  filed  within  thirty 
(30)  days  after  the  appeal  has  been  perfected  and  the  statement  settled,  if  there  be  one. 
(As  amended,  October  25,  1911.) 

Cited,  Lightle  v.  Ivancovich,  10  Nev.  41-43;  Hayes  v.  Davis,  23  Nev.  235;  Robinson  v. 
Kind,  25  Nev.  272;  Young  v.  Updike,  29  Nev.  303,  304;  Adams  v.  Rogers,  31  Nev. 
154;  Western  E.  &  C.  Co.  v.  Nev.  A.  Co.,  31  Nev.  238. 

EULE  III 

1.  Appeal  May  Be  Dismissed — Can  Be  Restored — If  the  transcript  of  the  record  be  not 
filed  within  the  time  prescribed  by  rule  II,  the  appeal  may  be  dismissed  on  motion  without 

90 


See.  4942  COURTS  AND  COURT  OFFICERS  1422 

notice.  A  cause  so  dismissed  may  be  restored  during  the  same  term,  upon  good  cause  shown, 
on  notice  to  the  opposite  party;  and,  upon  good  cause  shown,  on  notice  to  the  opposite 
party  and,  unless  so  restored,  the  dismissal  shall  be  final  and  a  bar  to  any  other  appeal 
from  the  same  order  or  judgment. 

2.  How  Restored — On  such  motion  there  shall  be  presented  the  certificate  of  the  clerk 
below,  under  the  seal  of  the  court,  certifying  the  amount  or  character  of  the  judgment;  the 
date  of  its  rendition;  the  fact  and  date  of  the  filing  of  the  notice  of  appeal,  together  with  the 
fact  and  date  of  service  thereof  on  the  adverse  party,  and  the  character  of  the  evidence  by 
which  said  service  appears;  the  fact  and  date  of  the  filing  of  the  undertaking  on  appeal: 
and  that  the  same  is  in  due  form;  the  fact  and  time  of  the  settlement  of  the  statement,  if 
there  be  one;  and  also  that  the  appellant  has  received  a  duly  certified  transcript,  or  that  he 
has  not  requested  the  clerk  to  certify  to  a  correct  transcript  of  the  record;  or,  if  he  has 
made  such  request,  that  he  has  not  paid  the  fees  therefor,  if  the  same  have  been  demanded. 
(As  amended,  October  25,  1911.) 

Cited,  Lightle  v.  Ivancovich,  10  Nev.  41;    Young  v.  Updike,  29  Nev.  303,  304;    Adams  v. 

Eogers,  31   Nev.  152-160,  162;    Western  E.  &  C.  Co.  v.  Nev.  A.  Co.,  31  Nev.  338; 

Eobinson   v.   Kind,   25   Nev.    261,   273;    Hayes   v.   Davis,   23    Nev.   234;    Collins    v. 

Goodwin,  32  Nev.  342. 

RULE  IV 

1.  Printed  Transcripts — All  transcripts  of  record  in  civil  cases,  when  printed,  shall  be 
printed  on  unruled  white  paper,  ten  inches  long  by  seven  inches  wide,  with  a  margin  on  the 
outer  edge  of  not  less  than  one  inch.     The  printed  page  shall  not  be  less  than  seven  inches 
long  and  three  and  one-half  inches  wide.     The  folios,  embracing  ten  lines  each,  shall  be  num- 
bered from  the  commencement  to  the  end,  and  the  numbering  of  the  folios  shall  be  printed 
between  lines  or  on  the  margin.     Nothing  smaller  than  minion  type  leaded  shall  be  used  in 
printing. 

2.  Transcripts  in  Criminal  Cases — Transcripts  in  criminal  cases  may  be  printed  in  like 
manner  as  prescribed  for  civil  cases;    or,  if  not  printed,  shall  be  written  on  one  side  only 
of  transcript  paper,  sixteen  inches  long  by  ten  and  one-half  inches  in  width,  with  a  margin 
of  not  less  than  one  and  one-half  inches  wide,  fastened  or  bound  together  on  the  left  sides 
of  the  pages  by  ribbon  or  tape,  so  that  the  same  may  be  secured,  and  every  part  conven- 
iently read.     The  transcript  if  written,  shall  be  in  a  fair,  legible  hand,  and  each  paper  or 
order  shall  be  separately  inserted. 

3.  To  Be  Indexed — The  pleadings,  proceedings,  and  statement  shall  be  chronologically 
arranged  in  the  transcript,  and  each  transcript  shall  be  prefaced  with  an  alphabetical  index, 
specifying  the  folio  of  each  separate  paper,  order,  or  proceeding,  and  of  the  testimony  of 
each  witness;    and  the  transcript  shall  have  at  least  one  blank  fly-sheet  cover. 

4.  Cannot  Be  Filed — No  record  which  fails  to  conform  to  these  rules  shall  be  received 
or  filed  by  the  clerk  of  the  court.     (As  amended  October  25,  1911.) 

Cite"d,  Robinson  v.  Kind,  25  Nev.  274. 

RULE  V 

Printing  Transcripts — The  written  transcript  in  civil  causes,  together  with  sufficient  funds 
to  pay  for  the  printing  of  the  same,  may  be  transmitted  to  the  clerk  of  this  court.  The 
clerk,  upon  the  receipt  thereof  shall  file  the  same  and  cause  the  transcript  to  be  printed, 
and  to  a  printed  copy  shall  annex  his  certificate  that  the  said  printed  transcript  is  a  full 
and  correct  copy  of  the  transcript  furnished  to  him  by  the  party;  and  said  certificate  shall 
be  prima  facie  evidence  that  the  same  is  correct.  The  said  printed  copy  so  certified  shall 
also  be  filed,  and  constitute  the  record  of  the  cause  in  this  court,  subject  to  be  corrected  by 
reference  to  the  written  transcript  on  file. 

RULE  VI 

1.  Cost  of  Typewriting  or  Printing  Transcripts — The  expense  of  printing  or  typewriting 
transcripts,  affidavits,  briefs,  or  other  papers  on  appeal  in  civil  causes  and  pleadings,  affida- 
vits, briefs,  or  other  papers  constituting  the  record  in  original  proceedings  upon  which  the 
case  is  heard  in  this  court,  required  by  these  rules  to  be  printed  or  typewritten,  shall  be 
allowed  as  costs,  and  taxed  in  bills  of  costs  in  the  usual  mode;    provided,  that  no  greater 
amount  than  twenty-five  cents  per  folio  of  one  hundred  words  shall  be  taxed  as  costs  for 
printing,  and  no  greater  amount  than  twelve  and  one-half  cents  per  folio  for  one  copy  only 
shall  be  taxed  as  costs  for  typewriting.     All  other  costs  to  be  taxed  by  the  clerk  in  accord- 
ance with  the  fee  bill. 

2.  To  Serve  Cost  Bill,  When— Either  party  desiring  to  recover  as  costs  his  expenses  for 
printing  or  typewriting  in  any  cause  in  this  court,  shall,  within  five  days  after  the  decision 
of  the  cause,  file  with  the  clerk  and  serve  upon  the  opposite  party  a  verified  cost  bill,  setting 
forth  or  stating  the  actual  cost  of  such  printing  or  typewriting,  and  no  greater  amount  than 
such  actual  cost  shall  be  taxed  as  costs. 

3.  Mode  of  Objecting  to  Costs — If  either  party  desires  to  object  to  the  costs  claimed  by 
the  opposite  party,  he  shall,  within  ten  days  after  the  service  upon  him  of  a  copy  of  the  cost 
bill,  file  with  the  clerk  and  serve  his  objections.     Said  objections  shall  be  heard  and  settled 
and  the  costs  taxed  by  the  clerk.     An  appeal  may  be  taken  from  the  decision  of  the  clerk, 


1423  COURTS  AND  COURT  OFFICERS  Sec.  4942 

either  by  written  notice  of  five  days,  or  orally  and  instanter,  to  the  justices  of  this  court, 
and  the  decision  of  such  justices  shall  be  final.  If  there  be  no  objections  to  the  costs 
claimed  by  the  party  entitled  thereto,  they  shall  be  taxed  as  claimed  in  his  cost  bill. 

4.     Indorsed  Upon  Remittitur — In  all  cases  where  a  remittitur  or  other  final  order  is 

sent  to  a  district  court  or  other  inferior  tribunal,  the  costs  of  the  party  entitled  thereto  as 

taxed  by  the  clerk  shall  be  indorsed  upon  such  remittitur  or  order,  and  shall  be  collected 

as  other  costs  in  such  district  court,  or  other  inferior  court  or  tribunal,  and  shall  not  be 

subject  to  retaxation  in  such  district  court  or  other  tribunal.   (As  amended,  October  25, 1911). 

Cited,  State  ex  rel.  McMillan  v.  Sadler,  25  Nev.  154,  194,  196;    Candler  v.  Washoe 

Lake  Ditch  Co.,  28  Nev.  422,  423,  424;  Brandon  v.  West,  28  Nev.  500,  509. 

RULE  VII 

To  Correct  Error  in  Transcript — For  the  purpose  of  correcting  any  error  or  defect  in  the 
transcript  from  the  court  below,  either  party  may  suggest  the  same,  in  writing,  to  this 
court,  and,  upon  good  cause  shown,  obtain  an  order  that  the  proper  clerk  certify  to  the 
whole  or  part  of  the  record  as  may  be  required,  or  may  produce  the  same,  duly  certified, 
without  such  order.  If  the  attorney  of  the  adverse  party  be  absent,  or  the  fact  of  the 
alleged  error  or  defect  be  disputed,  the  suggestion,  except  when  a  certified  copyis  produced 
at  the  time,  must  be  accompanied  by  an  affidavit  showing  the  existence  of 'the  error  or 
'l.'tVct  alleged. 

Cited,  State  v.  Bouton,  26  Nev.  34,  39;  Christensen  v.  Floriston  P.  Co.,  29  Nev.  552, 
559;  Kirman  v.  Johnson.  30  Nev.  150;  State  v.  Hill,  32  Nev.  185,  187;  Botsford 
v.  Van  Riper,  32  Nev.  214,  2i'.". 

RULE  VIII 

Exceptions — Diminution  of  Record — Exceptions  or  objections  to  the  transcript,  state- 
ment, the  undertaking  on  appeal,  notice  of  appeal  or  to  its  service  or  proof  of  service,  or 
any  technical  exception  or  objection  to  the  record  affecting  the  right  of  the  appellant  to  be 
heard  on  the  points  of  error  assigned,  which  might  be  cured  on  suggestion  of  diminution  of 
the  record,  must  be  taken  at  the  first  term  after  the  transcript  is  filed,  and  must  be  noted 
in>^he  written  or  the  printed  points  of  the  respondent,  and  filed  at  least  one  day  before  the 
argument,  or  they  will  not  be  regarded. 

cited,  Alderson  v.  Gilmore,  13  Nev.  85;  State  v.  Cal.  M.  Co.,  13  Nev.  203,  209,  210; 
Truckee  Lodge  v.  Wood,  14  Nev.  310;  Brooks  v.  Nevada  Nickel  Syndicate,  24  Nev. 
264,  271;  State  ex  rel.  Launiza  v.  Justice  Court,  29  Nev.  192,  200;  Smith  v.  Wells 
Kstate  Co.,  29  Nev.  411,  416;  Kirman  v.  Johnson,  30  Nev.  ]46,  150;  State  v.  Hill, 
:;i'  Nev.  185,  187;  Botsford  v.  Van  Riper,  32  Nev.  214,  225. 

RULE  IX 

Substitution  in  Case  of  Death — Upon  the  death  or  other  disability  of  a  party  pending  an 
appeal,  his  representative  shall  be  substituted  in  the  suit  by  suggestion  in  writing  to  the 
court  on  the  part  of  such  representative,  or  any  party  on  the  record.  Upon  the  entry  of 
such  suggestion,  an  order  of  substitution  shall  be  made  and  the  cause  shall  proceed  as  in 
other  cases. 

rited,  Robinson  v.  Kind,  25  Nev.  279;    Twaddle  v.  Winters,  29  Nev.  89,  107. 

RULE  X 

1.  Calendar  to  Consist  of — Upon  Motion — The  calendar  of  each  term  shall  consist  only 
of  those  cases  in  which  the  transcript  shall  have  been  filed  on  or  before  the  first  day  of 
the  term,  unless  by  written  consent  of  the  parties;    provided,  that  all  cases,  both  civil  and 
criminal,  in  which  the  appeal  has  been  perfected  and  the  statement  settled,  as  provided 
in  rule  II,  and  the  transcript  has  not  been  filed  before  the  first  day  of  the  term,  may  be 
placed  on  the  calendar,  on  motion  of  either  party,  after  ten  days'  written  notice  of  such 
motion,  and  upon  filing  the  transcript. 

2.  Causes  shall  be  placed  on  the  calendar  in  the  order  in  which  the  transcripts  are  filed 
by  the  clerk. 

3.  The  calendar  shall  be  called  on  the  first  day  of  each  term  and  cases  set  for  oral 
argument  upon  a  day  certain,  upon  request  of  counsel  upon  either  side  of  the  case,  or  upon 
stipulation,  subject  to  the  approval  of  the  court.     Requests  for  settings  may  be  made  by 
counsel  in  open  court  or  by  written  communication  addressed  to  the  clerk.     Upon  stipula- 
tion of  counsel,  subject  to  the  approval  of  the  court,  cases  may  be  submitted  on  briefs  filed 
without   oral   argument.     Where   no  request   is   made   by   stipulation   or   otherwise   for  the 
setting  of  a  case  the  same  may  be  passed  or  be  set  by  the  court  of  its  own  motion.     (As 
amended,  October  25,  1911.) 

RULE  XI 

1.  Time  for  Appellant  to  Serve  Brief — Respondent — Within  fifteen  days  after  the  filing 
of  the  transcript  on  appeal  in  any  case,  the  appellant  shall  file  and  serve  his  points  and 
authorities  or  brief;  and  within  fifteen  days  after  the  service  of  appellant's  points  and 
authorities  or  brief,  respondent  shall  file  and  serve  his  points  and  authorities  or  brief;  and 
within  fifteen  days  thereafter,  appellant  shall  file  and  serve  his  points  and  authorities  or 
brief  in  reply,  after  which  the  case  may  be  argued  orally. 


Sec.  4942  COURTS  AND  COURT  OFFICERS  1424 

2.  The  points  and  authorities  shall  contain  such  brief  statement  of  the  facts  as  mar  be 
necessary  to  explain  the  points  made. 

3.  Oral  Argument — The  oral  argument  may,  in  the  discretion  of  the  court,  be  limited  to 
the  printed  or  typewritten  points  and  authorities  or  briefs  filed,  and  a  failure  by  either 
party  to  file  points  and  authorities  or  briefs  under  the  provisions  of  this  rule  and  within 
the  time  herein  provided,  shall  be  deemed  a  waiver  by  such  party  of  the  right  to  orally 
argue  the  case,  and  such  party  shall  not  recover  cost  for  printing  or  typewriting  any  brief 
or  points  and  authorities  in  the  case.     Counsel  shall  not  read  from  decisions  nor  argue  more 
than  one  hour  on  each  side  without  permission  of  the  court.     . 

4.  No  more  than  two  counsel  on  a  side  will  be  heard  upon  the  oral  argument,  except  by 
special  permission   of  the  court,  but  each   defendant  who  has  appeared  separately  in  the 
court  below  may  be  heard  through  his  own  counsel. 

5.  Optional  in  Criminal  Cases — In  criminal  cases  it  is  left  optional  with  counsel  either 
to  file  written,  printed,  or  typewritten  points  and  authorities  or  briefs. 

6.  When  Submitted — When  the  oral  argument  is  concluded,  the  case  shall  be  submitted 
for  the  decision  of  the  court. 

7.  Stipulation  as  to  Time — The  times  herein  provided  for  may  be  shortened  or  extended 
by  stipulation  of  parties  or  order  of  court,  or  a   justice  thereof.     (As  amended,  October 
25,  1911.) 

Cited,  Smith  v.  Wells  Estate  Co.,  29  Nev.  411,  415,  416;    Adams  v.  Eogers,  31  Nev.  161. 

EULE  XII 

Printing  and  Paper  To  Be  Uniform — In  all  cases  where  a  paper  or  document  is  required 
by  these  rules  to  be  printed,  it  shall  be  printed  upon  similar  paper,  and  in  the  same  style 
and  form  (except  the  numbering  of  the  folios  in  the  margin)  as  is  prescribed  for  the 
printing  of  transcripts. 

EULE  XIII 

Number  of  Copies  To  Be  Filed — Besides  the  original,  there  shall  be  filed  five  copies  of  all 
printed  transcripts,  briefs,  and  points  and  authorities,  which  copies  shall  be  distributed  by 
the  clerk.  (As  amended,  October  25,  1911.) 

EULE  XIV 

Opinions  Recorded — -All  opinions  delivered  by  the  court,  after  having  been  finally  cor- 
rected, shall  be  recorded  by  the  clerk. 

EULE  XV 

Rehearing — Remittitur  to  Issue,  When — Time  May  Be  Shortened  or  Extended — All 
motions  for  a  rehearing  shall  be  upon  petition  in  writing,  and  filed  with  the  clerk  within 
fifteen  days  after  the  final  judgment  is  rendered,  or  order  made  by  the  court,  and  publica- 
tion of  its  opinion  and  decision.  Personal  service  or  service  by  mail  upon  counsel  of  a 
copy  of  the  opinion  and  decision  shall  be  deemed  the  equivalent  of  publication.  The  party 
moving  for  a  rehearing  shall  serve  a  copy  of  the  petition  upon  opposing  counsel,  who  within 
ten  days  thereafter  may  file  a  reply  to  the  petition,  and  no  other  argument  shall  be  heard 
thereon.  No  remittitur  or  mandate  to  the  court  below  shall  be  issued  until  the  expiration 
of  the  fifteen  days  herein  provided,  and  decisions  upon  the  petition,  except  upon  special 
order.  The  times  herein  provided  for  may  be  shortened  or  extended,  for  good  cause  shown, 
by  order  of  court. 

EULE  XVI 

Opinion  To  Be  Transmitted — Where  a  judgment  is  reversed  or  modified,  a  certified  copy 
of  the  opinion  in  the  case  shall  be  transmitted,  with  the  remittitur,  to  the  court  below. 

EULE  XVII 

No  Paper  To  Be  Taken  Without  Order — No  paper  shall  be  taken  from  the  court  room  or 
clerk's  office,  except  by  order  of  the  court,  or  of  one  of  the  justices.  No  order  will  be  made 
for  leave  to  withdraw  a  transcript  for  examination,  except  upon  written  consent  to  be 
filed  with  the  clerk. 

EULE  XVIII 

Writ  of  Error,  or  Certiorari — No  writ  of  error  or  certiorari  shall  be  issued,  except  upon 
order  of  the  court,  upon  petition,  showing  a  proper  case  for  issuing  the  same. 
Eules  18-22  cited,  State  v.  Preston,  30  Nev.  308. 

EULE  XIX 

Writ  of  Error  to  Operate  as  Supersedeas — Where  a  writ  of  error  is  issued,  upon  filing  the 
same  and  a  sufficient  bond  or  undertaking  with  the  clerk  of  the  court  below,  and  upon 
giving  notice  thereof  to  the  opposite  party  or  his  attorney,  and  to  the  sheriff,  it  shall 
operate  as  a  supersedeas.  The  bond  or  undertaking  shall  be  substantially  the  same  as 
required  in  cases  on  appeal. 

EULE  XX 

When  Returnable — The  writ  of  error  shall  be  returnable  within  thirty  days,  unless 
otherwise  specially  directed. 


1425  COURTS  AND  COURT  OFFICERS  Sec.  4942 


RULE 

To  Apply  —  The  rules  and  practice  of  this  court  respecting  appeals  shall  apply,  so  far  as 
tin1  same  may  be  applicable,  to  proceedings  upon  a  writ  of  error. 

RULE  XXII 

Time  Concerning  Writ  —  The  writ  shall  not  be  allowed  after  the  lapse  of  one  year  from 
the  date  of  the  judgment,  order  or  decree  which  is  sought  to  be  reviewed,  except  under 
special  circumstances. 

Ul'LK   XXIII 
Concerning  Change  of  Venue  —  Additional  Notice  Given  —  Appeals  from  orders  granting  or 

•  It-living  a   change  of   venue,  or  any  other  interlocutory  order  made  before  trial,  will  be 
1  1  card  at  any  regular  or  adjourned  term,  upon  three  days'   notice  being  given  by  either 
appellant  or  respondent,  when  the  parties  live  within  twenty  miles  of  Carson.     When  the 
party  served  resides  more  than  twenty  miles  -from  Carson,  an  additional  day's  notice  will 
be  required  for  each  fifty  miles,  or  fraction  of  fifty  miles,  from  Carson. 

(  'ited,  Peters  v.  Jones,  26  Nev.  267. 

RULE  XXIV 

Notice  of  Motion  —  In  all  cases  where  notice  of  a  motion  is  necessary,  unless,  for  good 
cause  shown,  the  time  is  shortened  by  an  order  of  one  of  the  justices,  the  notice  shall  be 
five  davs. 

BULK  XXV 

1.  Transcripts  May  Be  Typewritten  —  To  Be  Bound  in  Boards  with  Flexible  Backs  —  All 
transcripts  of  the  record  in  any  action  or  proceeding  may  be  typewritten.     The  typewriting 
shall  be  the  first  impression,  clearly  and  legibly  done,  with  best  quality  of  black  ink,  in  type 
not  smaller  than  small  pica,  upon  a  good  quality  of  typewriting  paper,  thirteen  inches  long  by 
I'ight  inches  wide,  bound  in  boards  with  flexible  backs,  in    volumes  of  a  size  suitable  for 

•  -onvenient  handling  and  ready  reference,  and  arranged  and   indexed  as  required  by  the 
rules  of  this  court.     When    so  typewrit  ten   such  transcript,  in  the  discretion  of  the  party 
a  |  »pealing,  need  not  be  printed,  but,  if  printed,  all  the  rules  concerning  the  same  shall  still 
apply  thereto. 

2.  Briefs   May  Be   Typewritten  —  Briefs   and    points   and    authorities,   instead   of   being 
printed,   may    lie   typewritten    upon   the   saint-   paper   and    in    the   same  style  and   form   as  is 
prescribed  for  typewritten  transcripts. 

3.  Copy  To  Be  Served  —  Two  Copies  To  Be  Filed  —  When  so  typewritten,  but  one  copy 
oi   Mich  transcript  need  be  filed  in  the  case;    but  a  copy  thereof  shall  be  served  upon  the 
opposite  party.     Two  copies  of  the  briefs  and  points  and  authorities  —  viz.,  the  first  impres- 
sion and  a  copy  thereof  —  shall  be  filed  with  the  clerk,  and  a  copy  shall  be  served  upon  each 
opposite  party  who  appeared  separately  in  the  court  below.    (As  amended,  October  25,  1911.) 

RULE  XXVI 

Payment  of  Advance  Fee  Required  —  Clerk  Prohibited  from  Filing  —  No  transcript  or 
original  record  shall  be  filed  or  cause  registered,  docketed,  or  entered  until  an  advance  fee 
of  twenty-five  dollars  is  paid  into  the  clerk's  office,  to  pay  accruing  costs  of  suit.  The 
clerk  of  the  court  is  prohibited  from  filing  or  registering  any  record  without  first  having 
received  as  a  deposit  the  aforesaid  fee. 


RULES  OF  THE  DISTRICT  COURT  OF  THE  STATE  OF  NEVADA 

The  following  rules  were  approved  in  1887  by  all  the  district  judges  and  by  the  supreme 
court  when  the  state  was  in  one  judicial  district,  under  the  act  of  March  4,  1885 
(Stats.  1885,  60),  and  are  still  in  force,  excepting  the  amendments  of  October  25,  1911, 
which  do  not  become  effective  until  April  1,  1912. 

RULE  I 

The  hour  of  10  o'clock  a.  m.  is  fixed  for  the  opening  of  court,  unless  otherwise  ordered. 

RULE  II 

1.  Calendars — The  clerk  of  each  county  of  the  state  shall  make  three  calendars  for  the 
district  court  of  his  county,  upon  one  of  which  he  shall  place  all  civil  causes  at  issue  upon 
questions  of  fact  as  soon  as  the  issue  is  made;  upon  another  he  shall  place  all  civil  causes 
at  issue  upon  a  question  of  law,  and  all  motions  of  every  nature,  except  ex  parte  motions, 
as  soon  as  the  issue  is  made,  or  as  soon  as  notice  of  motion  is  filed;  and  upon  the  third  of 
which  he  shall  place  all  criminal  business  of  every  kind.  The  names  of  the  attorneys  of 
the  respective  parties  shall  be  appropriately  placed  on  such  calendars.  The  clerk  shall  on 
every  Saturday,  forward  to  the  presiding  judge  of  the  court  and  also  to  the  judge  who 
is  to  sit  in  his  county  a  full  statement  of  all  court  matters  filed  with  him  during  the 
preceding  week. 


Sec.  4942  COURTS  AND  COURT  OFFICERS  1426 

2.  In  districts  having  more  than  one  judge  the  judges  shall,  by  special  rules,  provide 
for  the  division  of  the  business  in  their  district  and  the  calendars  of  their  courts  shall  be 
prepared  and  kept  in  accordance  with  such  division. 

3.  On  all  law  days  the  clerk  shall  deliver  to  the  judge  or  judges  holding  court  in  his 
county  the  calendars  showing  the  business  before  such  judge  or  judges.     All  law  matters 
on  said  calendars  at  issue  shall  be  called  by  the  court  and  disposed  of  in  order  of  filing, 
where  possible,  unless  continued  for  good  cause. 

4.  Each  judge  shall  fix  at  least  one  law  day  in  each  month  for  the  setting  of  cases 
for  trial  on   issues  of  fact,  unless  the  business  of  his  district   or  of  any  county  thereof 
requires  a  different  arrangement.      (As  amended,  October  25,  1911.) 

EULE  III 

The  judge  who  is  to  hold  court  in  any  county,  where  court  is  not  held  continuously,  shall 
give  the  clerk  of  such  county  notice  of  the  time  when  court  will  sit.  The  clerk  shall, 
immediately  upon  receiving  such  notice,  give  all  the  attorneys  having  business  in  said 
court,  as  shown  by  the  calendar,  and  also  all  attorneys  practicing  in  his  county  notice  in 
writing  of  the  time  when  court  will  be  held.  He  shall  also  give  notice  of  the  time  of 
holding  court,  in  some  newspaper  published  at  the  county-seat,  provided  it  can  be  done 
without  expense.  (As  amended,  October  25,  1911.) 

EULE  IV 

When  Calendar  Called — Order — Upon  the  meeting  of  the  court,  as  provided  in  rule  III,  and 
on  law  days  as  elsewhere  provided  in  these  rules,  the  law  calendar  will  be  called  and  dis- 
posed of.  The  trial  calendar  will  then  be  called  in  districts  or  counties  where  a  trial 
calendar  day  is  not  otherwise  fixed  as  provided  in  rule  II  and  causes  at  issue  on  questions 
of  fact  be  set  for  trial  for  a  time  certain  or  otherwise  disposed  of.  Parties  are  expected 
to  be  ready  to  try  their  causes,  whether  at  issue  on  questions  of  law  or  fact,  when  the  cal- 
endar is  called,  and  in  the  order  in  which  they  are  set.  They  may  fix  the  day  of  trial  by 
stipulation,  in  writing  or  in  open  court,  subject  to  the  approval  of  the  court  or  judge. 
The  daily  business  of  the  court  will  be  disposed  of  in  the  following  order: 

First — The  minutes  of  the  previous  day's  business  shall  be  read,  approved,  and  signed 
by  the  judge. 

Second — Ex  parte  motions. 

Third — Demurrers,  motions  and  questions  of  law. 

Fourth — Issues  arising  subsequent  to  the  calendar  shall  be  set. 

Fifth — Probate  business,  when  there  is  no  contest  on  questions  of  fact. 

Sixth — Trial  of  causes  as  previously  set.     (As  amended,  October  25,  1911.) 

EULE  V 

Law  Day — On  each  Saturday  of  any  session  of  court  held  by  any  district  judge,  law 
questions  shall  "take  precedence,  when  at  issue,  and  be  heard  without  previous  setting  or 
notice,  unless  the  court,  for  good  cause,  continue  the  consideration  thereof.  The  absence 
of  an  attorney  or  party  shall  not  in  itself  be  sufficient  ground  for  such  continuance,  where 
the  opposing  attorney  or  party,  whether  the  moving  party  or  not,  has  given  at  least  five 
days'  written  notice  that  he  will  call  up  the  law  question  sought  to  be  determined  on  a  law 
day  specified  in  said  notice.  When  it  appears  to  the  court  that  such  written  notice  has 
been  given,  he  shall  not,  unless  the  other  business  of  his  court  requires  such  action,  further 
continue  the  matter  specified  in  said  notice  unless  upon  a  showing  by  affidavit  or  oral 
testimony,  that  such  continuance  is  reasonably  necessary  and  is  not  sought  merely  for 
delay  or  by  reason  of  neglect.  (As  amended,  October  25,  1911.) 

EULE  VI 

Relating  to  Motions — When  any  motion  or  proceeding  has  been  noticed,  or  set  for  a 
time  certain,  and  for  any  cause  is  not  heard  at  the  time  appointed,  the  hearing  of  the  same 
shall  be  continued  without  further  order,  and  the  motion  or  proceeding  shall  be  placed 
upon  the  calendar  and  disposed  of  as  other  issues  thereon. 

EULE  VII 

Issues  of  Law — Decision — Any  issue  of  law,  and  any  motion  of  any  nature  or  kind  may 
be  heard  orally  by  stipulation  of  the  parties,  at  any  time  or  place  agreed  on  in  the  state, 
with  the  consent  of  the  judge  first  having  jurisdiction  of  the  cause,  or  such  questions  of 
law,  or  motions,  as  the  case  may  be,  may  be  submitted  on  briefs  to  such  judge,  with  his 
consent,  and  the  decision  may  be  filed  thereafter  at  any  time,  which  decision  shall  fix  the 
time  when  the  decision  of  the  court  is  to  be  complied  with;  and  in  all  such  cases  the  party 
who  is  required  to  act  by  such  decision  shall  receive  due  written  notice  thereof  from  the 
opposite  party.  Time  for  complying  with  such  decision  shall  commence  to  run  from  the 
time  when  service  is  made  in  the  manner  required  by  the  statutes  for  service  of  pleadings 
in  a  case;  provided,  that  when  the  parties  are  present  by  their  respective  attorneys  when 
the  decision  is  rendered,  no  notice  shall  be  required. 


1427  COURTS  AND  COURT  OFFICERS  Sec.  4942 

Rl'LE  VIII 

1.  Demurrers — When  a  demurrer  is  interposed  in  any  ease,  if  it  be  made  to  appear  to 
the  satisfaction  of  the  court  that  such  demurrer  has  not  been  interposed  in  good  faith,  but 
merely  for  delay,  the  defendant  shall  only  answer  upon  such  terms  as  the  court  may  pre- 
scribe, and  upon  the  filing  of  the  answer,  the  case  shall  be  set  down  for  trial  for  as  early 
a  day  as  the  business  of  the  court  will  permit. 

2.  In  other  cases,  when  a  demurrer  is  sustained  or  overruled,  the  losing  party  shall  be 
allowed  to  amend  or  plead,  as  the  case  may  be,  as  of  course,  within  ten  days  from   the 
decision  on  the  demurrer,  if  the  losing  party  is  present  by  his  attorney  when  the  decision 
is  rendered,  otherwise  within  ten  days  from  the  receipt  of  written  notice  of  the  decision 
from  the  clerk  or  the  prevailing  party.     The  court  may,  by  its  order,  fix  a  different  time. 

3.  Whenever  a  general  demurrer  'is  interposed  counsel  for  the  opposite  party,  by  written 
notice  served  at  least  three  days  before  the  hearing  of  the   demurrer,   may  require  the 
counsel  for  demurrant  to  furnish  him  with  a  written  statement  of  the  points  and  author- 
ities upon  which  he  expects  to  rely  in  presenting  the  demurrer.     This  statement  must  be 
furnished  at  least  one  day  before  the  argument.     Upon  failure  to  do  so  the  court  may,  in 
its  discretion,  overrule  the  demurrer  without   permitt  inir  argument.      (As  amended,  October 
25,  1911.) 

RULE   IX 

Documents  and  Pleadings — All  documents  ;in<l  p leadings,  intended  for  the  tiles  of  this 
court,  shall  be  on  paper  known  as  "legal  cap."  of  good  quality,  and  without  interlineations, 
unless  noted  thereon  by  the  clerk  at  the  time  of  liling.  No  original  pleading  or  paper  shall 
l>e  amended  by  making  erasures  or  interlineations  thereon,  or  by  attaching  slips  thereto, 
except  by  leave  of  court.  Copies  of  all  papers  issued  from  this  court,  or  to  be  used  therein, 
which  are  required  by  law  or  rule  of  court  to  be  served,  shall  be  upon  legal  cap  paper  in  a 
legible  hand,  ami  in  default  of  so  doing,  the  party  failing  shall  be  compelled  to  renew  tho 
paper,  or  be  precluded  from  using  the  original,  as  the  court  may  deem  proper. 

RULE  X 

Motions — Motions  in  all  cases,  except  ex  parte  motions,  motions  for  continuance,  and 
motions  to  amend  pleadings  pending  a  trial,  shall  be  noticed  at  least  five  days  before  the 
day  sjM-cifit>d  for  a  hearing,  and  a  copy  of  all  papers  to  be  used  by  the  moving  party,  except 
pleadings  or  other  records  of  the  court,  shall  be  served  with  the  notice  of  motion.  The 
notice  of  motion  shall  be  in  writing,  and  shall  specify  the  papers  to  be  used  and  the  names 
of  witnesses  to  be  examined  by  the  mo\  ing  party,  and  the  grounds  upon  which  the  motion 
is  made;  provided,  that  the  court  may,  upon  good  cause  shown,  shorten  or  enlarge  the  time 
for  hearing.  For  a  failure  to  comply  with  this  rule  the  motion  shall  be  denied. 
Cited,  Symons-Kraussman  Co.  v.  Reno  W.  L.  Co.,  32  Nev.  241,  242. 

RULE  XI 

1.  Hearing  of  Motions — -Upon  reading  and  filing  the  notice  of  motion,  with  due  proof 
of  service  of  the  same,  and  of  the  papers  mentioned  therein,  if  no  one  appears  to  oppose  the 
motion,  the  moving  party  shall  be  entitled  to  have  the  motion  decided.  Upon  the  hearing, 
the  affidavits  to  be  used  by  either  party  shall  be  endorsed  and  filed  before  the  affidavits 
shall  be  used.  The  manner  of  making  motions  shall  be  as  follows: 

First — The  moving  party  shall  read  the  moving  papers,  or  state  the  contents  thereof,  or 
introduce  his  oral  evidence. 

Second — The  party  opposing  shall  then  read  or  state  the  contents  of  his  opposing  papers, 
or  introduce  his  oral  evidence. 

Third — The  moving  party  may  then  read  his  rebutting  papers,  or  introduce  oral  evidence, 
if  admissible  under  the  rules  of  practice  in  law  or  equity.  The  counsel  for  .the  moving 
party  shall  make  his  argument,  to  be  followed  by  the  counsel  of  the  opposing  party,  and 
the  counsel  for  the  moving  party  may  reply. 

Fourth — No  motion  once  heard  and  disposed  of  shall  be  renewed  in  the  same  cause,  nor 
shall  the  same  matters  therein  embraced  be  reheard,  unless  by  leave  of  the  court  granted 
upon  motion  therefor,  after  notice  of  such  motion  to  the  adverse  parties.  (As  amended, 
October  25,  1911.) 

RULE  XII 

Hearing  of  Motions  of  Continuance— Testimony  of  Absentees — Counter- Affidavits— All 
motions  for  the  continuance  of  causes  shall  be  made  on  affidavit;  and,  when  made  on  the 
ground  of  absence  of  witnesses,  the  affidavit  shall  state: 

First — The  names  of  the  absent  witnesses,  and  their  present  residence  or  abiding  place, 
if  known. 

Second — What  diligence  has  been  used  to  procure  their  attendance,  or  depositions,  and 
the  causes  of  a  failure  to  procure  the  same. 

Third — What  the  affiant  has  been  informed  and  believes  will  be  the  testimony  of  each  of 
such  absent  witnesses,  and  whether  or  not  the  same  facts  can  be  proven  by  other  witnesses 
than  parties  to  the  suit,  whose  attendance  or  depositions  might  have  been  obtained. 

Fourth — At  what  time  the  applicant  first  learned  that  the  attendance  or  depositions  of 
such  absent  witnesses  could  not  be  obtained. 


Sec.  4942  COURTS  AND  COURT  OFFICERS  ,  1428 

Fifth — That  the  application  is  made  in  good  faith,  and  not  for  delay  merely.  And  no 
continuance  will  be  granted  unless  the  affidavit  upon  which  it  is  applied  for  conforms  to 
this  rule,  except  where  the  continuance  is  applied  for  in  a  mining  case,  upon  the  special 
ground  provided  by  statute.  A  copy  of  the  affidavits  upon  which  a  motion  for  a  continu- 
ance is  made,  shall  be  served  upon  the  opposing  party  as  soon  as  practicable  after  the  cause 
for  the  continuance  shall  be  known  to  the  moving  party.  Counter-affidavits  may  be  used 
in  opposition  to  the  motion.  No  amendments  or  additions  to  affidavits  for  continuance  will 
be  allowed  after  they  have  been  read,  and  no  argument  will  be  heard  on  motions  for  a  con- 
tinuance, except  such  as  relate  to  the  sufficiency  of  the  affidavits  read  on  the  hearing. 

EULE  XIII 

Attorneys  as  Witnesses — When  a  lawyer  is  a  witness  for  his  client,  except  as  to  merely 
formal  matters,  such  as  the  attestation  or  custody  of  an  instrument  or  the  like,  he  shall  not 
argue  the  cause  or  sum  it  up  to  the  jury  without  the  permission  of  the  court.  In  no  event 
shall  such  lawyer  be  permitted  to  comment  upon  his  own  testimony  before  the  court  or  a 
jury.  (As  amended,  October  25,  1911.) 

KULE  XIV 

Sureties — No  attorney  will  be  received  as  surety  on  any  bond  or  recognizance  to  be  filed 
or  entered  into  in  any  action  or  proceeding  in  this  court. 

RULE  XV 

Depositions — Affidavit — Settling  Interrogatories — A  party  making  application  for  a  com- 
mission to  take  the  deposition  of  a  witness,  out  of  the  state,  shall  serve,  with  the  notice  of 
such  application,  an  affidavit  setting  forth  the  grounds  for  such  application,  and  a  copy  of 
the  direct  interrogatories;  and  at  least  one  day  before  the  hearing  of  the  application,  the 
adverse  party  shall  serve  upon  the  moving  party  a  copy  of  the  cross-interrogatories.  The 
direct  and  cross-interrogatories  shall  be  settled  at  the  time  of  hearing  the  application,  unless 
the  court  or  judge  otherwise  direct;  provided,  that  the  parties  may  agree  to  the  interroga- 
tories without  submission  to  the  court  or  judge,  or  may  stipulate  that  the  deposition  may 
be  taken  without  written  interrogatories.  (As  amended,  October  25,  1911.) 

RULE  XVI 

Publication  of  Depositions — When  a  deposition  is  received  by  the  clerk,  he  shall  endorse 
upon  the  envelope  the  time  of  receiving  it,  and  immediately  file  it  with  the  papers  of  the 
case  in  which  it  was  taken;  and  at  any  time  afterward,  upon  the  application  of  any  attorney 
in  the  case,  he  shall  open  the  same,  and  endorse  upon  the  envelope  the  time  of  opening,  and 
the  name  of  the  attorney  upon  whose  application  it  was  opened,  and  shall  then  file  the  depo- 
sition. (As  amended,  October  25,  1911.) 

RULE  XVII 

Amended  Pleadings — In  cases  where  the  right  to  amend  any  pleading  is  not  of  course, 
the  party  desiring  to  amend  shall  serve,  with  the  notice  of  application'  to  amend,  an 
engrossed  copy  of  the  pleading,  with  the  amendment  incorporated  therein,  or  a  copy  of  the 
proposed  amendment,  referring  to  the  page  and  line  of  the  pleading  where  it  is  desired 
that  the  amendment  be  inserted,  and,  if  the  pleading  were  verified,  shall  verify  such 
amended  pleading,  or  such  proposed  amendment,  before  the  application  shall  be  heard. 
Cited,  Weir  v.  Washoe  H.  &  S.  Co.,  31  Nev.  528,  529. 

RULE  XVIII 

To  Strike  Out — The  party  moving  to  strike  out  any  part  of  a  pleading  shall,  in  the  notice 
of  motion,  distinctly  specify  the  part  asked  to  be  stricken  out. 

RULE  XIX 

Withdrawal  of  Papers — No  paper  or  record  belonging  to  the  files  of  the  court  shall  be 
taken  from  the  office  and  custody  of  the  clerk,  except  upon  the  special  order  of  the  judge 
in  writing,  specifying  the  record  or  paper,  and  limiting  the  time  the  same  may  be  retained; 
but  in  no  case  shall  original  documentary  evidence  be  taken  from  the  office  of  the  clerk. 

RULE  XX 

Additional  Undertaking — Attachments — If  the  undertaking  required  before  issuing  a 
writ  of  attachment  is  shown  to  the  satisfaction  of  the  court  or  judge,  upon  proper  notice,  to 
be  insufficient  to  secure  the  party  whose  property  is  attached,  against  damages,  the  court 
or  judge  may  require  an  additional  undertaking  to  be  filed,  and  if  not  filed,  the  attachment 
shall  be  dissolved.  No  attachment  shall  be  dissolved  by  reason  of  any  defect  in  the  attach- 
ment papers  that  can  be  amended  without  affecting  the  substantial  rights  of  the  parties. 

RULE  XXI 

Trials — Upon  a  reference  to  try  all  the  issues,  both  of  fact  and  law,  and  to  report  a 
judgment  thereon,  the  referee  shall  set  forth  in  his  report  the  facts  found  and  conclusions 
of  law  separately,  and  shall,  upon  the  day  when  his  report  is  filed,  serve  upon  the  respective 


1429  COURTS  AND  COURT  OFFICERS  Sec.  4942 

parties,  or  their  attorneys,  notice  that  such  report  is  filed;  and  the  trial  of  the  cause  for  the 
purpose  of  notice  and  motion  for  new  trial  shall  not  be  deemed  concluded  until  such  notice 
is  served. 

KULE  XXII 

Appeals — Certificate  of  Appeal  to  State — Supersedeas — When  an  appeal  is  perfected  and 
a  proper  undertaking  to  stay  proceedings  is  filed,  it  shall  stay  all  further  proceedings  in  the 
court  below,  upon  the  judgment  or  order  appealed  from,  or  upon  the  matter  embraced 
therein;  and  if  an  execution  or  other  order  shall  have  been  issued  to  the  sheriff,  coroner,  or 
rlisor,  he  shall  return  the  same,  with  the  cause  therefor,  and  his  proceedings  thereunder, 
endorsed  thereon  upon  receiving  from  the  clerk  a  certificate,  under  the  seal  of  the  court,  of 
the  perfecting  of  the  appeal.  The  certificate  shall  state  the  title  of  the  action,  the  filing 
and  service  of  the  notice  of  appeal  and  the  date  of  such  filing  and  service,  together  with  the 
tiling  and  approval  of  the  undertaking  staying  all  proceedings,  and  the  date  of  such  filing 
ami  approval;  and  such  certificate  shall  operate  as  a  supersedeas  of  the  execution,  or  a 
vacation  of  the  order. 

RULE  XXIII 

Foreclosing  Mortgage — Service  by  Publication — If,  in  an  action  to  foreclose  a  mortgage, 
the  defendant  fails  to  answer  within  the  time  allowed  for  that  purpose,  or  the  right  of  plain- 
tiff as  stated  in  the  complaint  is  admitted  by  the  answer,  the  court  may  make  an  order  refer- 
ring  it  to  some  suitable  person  as  referee, to  compute  the  amount  due  to  the  plaintiff,  and  to 
such  of  the  defendants  as  are  prior  incumbrancers  of  the  mortgaged  premises,  and  to 
.•xaniine  and  report  whether  the  mortgaged  premises  can  be  sold  in  parcels,  if  the  whole 
amount  secured  by  the  mortgage  has  not  become  due.  If  any  of  the  defendants  have  been 
serv.-d  by  publication,  the  order  of  reference  shall  also  direct  the  referee  to  take  proof  of 
the  facts  and  circumstances  stated  in  the  complaint,  and  to  examine  the  plaintiff,  or  his 
agent,  on  oath,  as  to  any  payments  which  have  been  made,  and  to  compute  the  amount  due 
on  the  mortgage,  preparatory  to  the  application  for  decree  of  foreclosure. 

RULE  XXIV 

Further  Time — When  an  order  shall  be  made  enlarging  the  time  to  file  a  statement  or 
atlidavits  on  motion  for  a  new  trial,  the  adverse  party,  unless  the  court  otherwise  directs, 
shall  have  the  same  number  of  days  to  propose  amendments  or  file  counter-affidavits  as  was 
allowed  by  such  order  to  file  such  statement  or  affidavits.  (As  amended,  October  25,  1911.) 

RULE  XXV 

Settled  by  Referee — When  a  motion  for  a  new  trial  is  made  in  a  cause  tried  before  a 
referee,  the  statement  shall  be  settled  by  the  referee. 

RULE  XXVI 

Undertakings — Stay  of  Execution — Certificate  To  State — No  stay  of  execution  upon  motion 
for  a  new  trial  shall  be  granted  or  allowed,  nor  execution  or  other  proceeding  be  stayed  in 
any  case,  except  upon  the  giving  of  a  good  and  sufficient  undertaking,  in  the  manner  and 
form  as  other  undertakings  are  given,  to  be  approved  by  the  judge,  with  at  least  two 
sureties,  for  the  payment  of  the  judgment  or  debt,  or  performance  of  the  act  directed  by 
the  judgment  or  order,  in  such  amount  as  may  be  fixed  by  the  judge.  An  order  to  stay 
execution,  or  other  proceedings  in  an  action,  shall  be  of  no  effect  until  a  copy  of  notice 
thereof  is  served  upon  the  opposite  party,  or  his  attorney,  and  any  other  party  or  officer 
whose  proceedings  are  to  be  stayed  thereby,  unless  said  attorney  or  officer  be  present  at 
the  time  of  making  such  order.  And  if  an  execution  or  other  order  shall  have  been  issued 
to  the  sheriff,  coroner,  elisor,  or  other  person,  he  shall  return  the  same  with  the  cause  there- 
for and  his  proceedings  thereunder  endorsed  thereon,  upon  receiving  from  the  clerk  a  cer- 
tificate, under  the  seal  of  the  court,  of  the  granting  of  the  stay  of  execution  or  other  pro- 
ceedings. The  certificate  shall  state  the  title  of  the  action,  the  order  staying  the  execution 
or  other  proceedings,  and  the  date  of  such  order,  together  with  the  filing  and  approval 
of  the  undertaking  above  required,  and  the  date  of  such  filing  and  approval;  and  such  cer- 
tificate shall  operate  as  a  supersedeas  of  the  execution  or  a  vacation  of  the  order. 
Cited,  Frevert  v.  Swift,  19  Nev.  401, 402. 

RULE  XXVII 

Stipulations — No  agreement  or  stipulation  between  the  parties  in  a  cause,  or  their  attor- 
neys, in  respect  to  proceedings  therein,  will  be  regarded,  unless  the  same  shall  be  entered  in 
the  minutes  in  the  form  of  an  order,  by  consent,  or  unless  the  same  shall  be  in  writing,  sub- 
scribed by  the  party  against  whom  the  same  shall  be  alleged,  or  by  his  attorney  or  counsel. 
Cited,  Haley  v.  Eureka  Bank,  20  Nev.  410,422,425;    Stretch  v.  Montezuma  M.  Co.,  29 
Nev.  163, 167. 

RULE  XXVIII 

Juror,  How  Excused — No  juror  shall  be  excused  except  in  open  court;  and  when  a  juror 
is  excused,  the  clerk  shall  immediately  withdraw  his  name  from  the  box  for  the  period  for 
which  he  has  been  excused. 


Sec.  4942  COURTS  AND  COURT  OFFICERS  1430 

RULE  XXIX 

Guardians — No  person  shall  be  appointed  guardian  ad  litem,  either  upon  the  application 
of  the  infant  or  otherwise,  unless  he  be  the  general  guardian  of  the  infant,  or  an  attorney, 
or  other  officer  of  this  court,  or  is  fully  competent  to  understand  and  protect  the  rights  of 
the  infant;  has  no  interest  adverse  to  that  of  the  infant,  and  is  not  connected  in  business 
with  the  attorney  or  counsel  of  the  adverse  party,  nor  unless  he  be  of  sufficient  pecuniary 
ability  to  answer  to  the  infant  for  any  damage  which  may  be  sustained  for  his  negligence 
or  misconduct  in  defense  of  the  suit. 

RULE  XXX 

Attorneys  as  Guardians  Ad  Litem — Every  attorney,  or  officer  of  this  court,  shall  act  as 
guardian  of  an  infant  defendant  whenever  appointed  for  that  purpose  by  an  order  of  the 
court.  He  shall  examine  into  the  circumstances  of  the  case  so  far  as  to  enable  him  to 
make  the  proper  defense,  and  shall  be  entitled  to  such  compensation  as  the  court  may  deem 
reasonable. 

RULE  XXXI 

Guardians  Ad  Litem — No  guardian  ad  litem  shall  receive  any  money  or  property,  or 
proceeds  of  sale  of  real  estate,  until  he  has  given  security  by  bond,  in  double  the  amount 
of  such  property  or  money,  with  two  sureties,  who  shall  justify  as  in  other  cases,  approved 
by  the  judge  and  filed  by  the  clerk,  conditioned  for  the  faithful  discharge  of  his  trust. 

RULE  XXXII 

To  Furnish  to  the  Clerk — The  counsel  obtaining  any  order,  judgment,  or  decree,  shall 
furnish  the  form  of  the  same  to  the  clerk. 

RULE  XXXIII 

To  Be  Filed — The  sheriff  shall  file  with  the  clerk  the  affidavit  and  order  on  which  any 
arrest  is  made,  within  five  days  after  such  arrest  is  made. 

RULE  XXXIV 

Retax  Costs — The  party  against  whom  judgment  is  entered  shall  have  five  days  after 
service  of  a  copy  of  the  cost  bill  in  which  to  move  to  retax  costs.  (As  amended,  October 
25,  1911.) 

RULE  XXXV 

Mechanics'  Liens — In  actions  to  enforce  mechanics'  liens,  other  lienholders  coming  in 
under  the  notice  published  by  the  plaintiff  shall  do  so  by  filing  with  the  cjerk  and  serving 
on  the  plaintiff  and  also  on  the  defendant,  if  he  be  within  the  state,  or  be  represented 
by  counsel,  a  written  statement  of  the  facts  constituting  their  liens,  together  with  the 
dates  and  amounts  thereof,  and  the  plaintiff  and  other  parties  adversely  interested  shall  be 
allowed  five  days  to  answer  such  statements. 

RULE  XXXVI 

Notice  of  Order  Extending  Time— No  order,  made  on  ex  parte  application  and  in  the 
absence  of  the  opposing  party,  provided  he  has  appeared,  granting  or  extending  the  time 
to  file  any  paper  or  do  any  act,  shall  be  valid  for  any  purpose,  in  case  of  objection,  unless 
written  notice  thereof  is  promptly  given  to  such  opposing  party.  Such  notice  shall  be 
given  as  other  notices  are  given,  or  may  be  given  by  registered  mail  sent  to  the  last  known 
address  of  the  attorney  for  such  party,  or,  if  he  has  no  attorney,  to  such  party  himself.  If 
the  address  of  such  attorney  or  party  be  not  known  then  the  notice  may  be  addressed  to 
such  attorney  or  party  in  care  of  the  clerk.  (As  amended,  October  25,  1911.) 

RULE  XXXVII 

Appeal  from  Justice's  Court — Dismissed,  When — When  an  appeal  from  the  justice's  court 
to  this  court  has  been  perfected,  and  the  papers  are  not  filed  in  this  court  within  fifteen 
days  from  the  day  of  filing  the  undertaking  on  appeal,  this  court,  on  the  production  of  a 
certificate  from  the  justice  to  the  effect  that  an  appeal  has  been  taken  and  perfected,  but 
the  papers  have  not  been  ordered  up,  or  the  proper  costs  not  paid,  or  upon  showing  that 
any  other  necessary  steps  have  not  been  taken,  shall  dismiss  the  appeal  at  the  cost  of  the 
appellant. 

Cited,  Andrews  v.  Cook,  28  Nev.  268. 

RULE  XXXVIII 

Appeal  Dismissed,  When — The  plaintiff  shall  cause  the  papers  in  a  case  certified  to  this 
court  under  the  provisions  of  the  539th  section  of  the  practice  act,  to  be  filed  in  the  office 
of  the  clerk  of  this  court  within  fifteen  days  from  the  day  upon  which  the  order  of  the 
justice  is  made  directing  the  transfer  of  the  case.  If  the  papers  are  not  so  filed  the  case 
shall  be  dismissed,  upon  filing  a  certificate  from  the  justice  to  the  effect  that  he  has  certified 
the  papers  as  required  by  said  section,  but  that  the  same  have  not  been  ordered  up,  or  the 
proper  costs  paid;  or  if  it  shall  appear  that  such  papers  are  not  filed  in  this  court  by  reason 
of  the  neglect  of  the  plaintiff  to  pay  the  fees  of  the  clerk  for  filing  the  same. 


1431  COURTS  AND  COURT  OFFICERS  Sec.  4942 

RULE  xxxix 

Duties  of  the  Sheriff — During  the  time  the  court  remains  in  session  it  shall  be  the  duty 
of  the  sheriff  in  attendance  to  prevent  all  persons  from  coming  within  the  bar,  except 
officers  of  the  court,  attorneys  and  parties  to,  or  jurors  or  witnesses  in,  the  cause  or  matter 
being  tried  or  heard.  The  sheriff  shall  also  keep  the  passage  way  to  the  bar  clear  for 
ingress  or  egress. 

RULE  XL 

Instructions  To  Be  Settled  and  Given,  When — Before  the  argument  begins  counsel  shall 

prepare  their  instructions,  submit  them  to  the  inspection  of  the  opposite  party,  and  deliver 

them  to  the  court.     The  court  will  hear  objections  to  instructions  and  if  either  party  request 

it  will  settle  the  instructions  in  advance  of  the  argument  and  permit  counsel  to  use  them 

when   addressing  the  jury,  but  this  shall  not  prevent  the  giving  of  further   instructions 

which  may  become  necessary  by  reason  of  the  argument.     (As  amended,  October  25,  T.H  1.) 

Regarding  the  giving  of  instructions  in  civil  cases,  see  sections  5210,  5212;  in  criniin.-il 

cases,  section  7159. 

RULE  M.I 

Trials — When  any  district  judge  shall  have  entered  upon  the  trial  or  hearing  of  any 
cause  or  proceeding,  demurrer  or  motion,  or  made  any  ruling,  order  or  decision  therein,  no 
other  judge  shall  do  any  act  or  thing  in  or  about  said  cause,  proceeding,  demurrer  or 
motion,  unless  upon  the  written  request  of  tlu>  judge  who  shall  have  first  entered  upon  the 
trial  or  hearing  of  said  cause,  proceeding,  demurrer  or  motion;  provided,  that  the  judges  in 
any  district  having  more  than  one  judge  shall  adopt  such  rules  as  they  deem  necessary  to 
provide  for  the  division  and  disposal  of  the  business  of  their  district.  (As  amended, 
October  25,  1911.) 

Cited,  Twaddle  v.  Winters,  29  Nev.  88,  93. 

RULE  XLII 

Writs — When  an  application  or  petition  for  any  writ,  rule  or  order  shall  have  been  made 
to  a  district  judge  and  is  pending,  or  has  been  denied  by  such  judge,  the  same  application 
or  motion  shall  not  again  be  made  to  the  same  or  another  district  judge,  unless  upon  the 
consent  in  writing  of  the  judge  to  whom  the  application  or  motion  was  first  made. 

RULE  XLIII 

Duties  of  Judge — No  judge,  except  the  .judge  having  charge  of  the  cause  or  proceeding, 
shall  grant  further  time  to  plead,  move,  or  do  any  act  or  thing  required  to  be  done  in  any 
cause  or  proceeding,  unless  it  be  shown  by  affidavit  that  such  judge  is  absent  from  the 
state,  or  from  some  other  cause  is  unable  to  act;  provided,  that  this  rule  may  be  abrogated 
or  modified  in  districts  having  more  than  one  judge,  in  the  manner  indicated  in  rule  XLI. 
(As  amended,  October  25,  1911.) 

Cited,  Twaddle  v.  Winters,  29  Nev.  88,  97. 

RULE  XLIV 

Causes  Certified  by  State  Land  Register— When' a  cause  shall  have  been  certified  by  the 
state  land  register  to  the  district  court  for  trial,  it  shall  be  the  duty  of  the  first  applicant, 
within  thirty  days  after  receiving  notice  of  such  certification,  to  file  and  serve  upon  the 
adverse  party  a  complaint  setting  forth  the  facts  upon  which  he  claims  to  be  entitled  to  the 
land.  The  adverse  party  shall,  within  ten  days  after  service  of  the  complaint,  file  and 
serve  his  answer,  in  which  answer  he  shall  set  forth  the  facts  upon  which  he  relies. 

RULE  XLV 

Vacating  Judgments  and  Orders — Time  To  Amend — No  judgment,  order,  or  other  judicial 
act  or  proceeding,  shall  be  vacated,  amended,  modified  or  corrected  by  the  court  or  ju'dge 
rendering,  making,  or  ordering  the  same,  unless  the  party  desiring  such  vacation,  amend- 
ment, modification  or  correction  shall  give  notice  to  the  adverse  party  of  a  motion  therefor, 
within  six  months  after  such  judgment  was  rendered,  order  made,  or  action  or  proceeding 
taken.  (As  amended,  October  25,  1911.) 


Sec,  4943  CIVIL  PRACTICE  1432 


CIVIL  PRACTICE 

Main  civil  practice  act,  sections  4943-5821. 

Act  to  encourage  the  collection  of  mineral  specimens  and  to  exempt  same  from  sale  under 
execution,  sections  5822-5824. 

Act  to  provide  for  the  adoption  of  children,  sections  5825-5834. 

Act  relating  to  changing  names  of  individuals,  sections  5835-5837. 

Sections  relating  to  divorce,  sections  5838-5845. 

Act  concerning  liabilities  of  joint  debtors,  sections  5846-5848. 

Act  prescribing  mode  of  maintaining  and  defending  possessory  actions  on  public  lands, 
sections  5849-5856. 

OTHER  STATUTORY  PROVISIONS 

Action  against  purchaser  or  intending  purchaser  of  ore,  section  2489. 

Action  against  partners,  section  2907. 

Action  for  recovery  of  cost  of  removal  of  nuisances,  section  921. 

Action  for  delinquent  taxes,  section  3659,  et  seq. 

Adoption  of  children,  sections  5825-5835. 

Apprentices,  justice  of  the  peace  to  act  in  regard  to,  section  490,  et  seq. 

Attorneys  at  law,  sections  498-524. 

Bankruptcy,  federal  act,  sections  543-615. 

Banks,  district  court  may  enjoin  bank  examiner  from  taking  possession  of  closed  bank, 
section  675. 

Bonds  and  undertakings,  sections  695-701. 

Changing  names  of  persons,  sections  5835-5846. 

Children,  order  for  maintenance  of  illegitimate,  section  766. 

Cities,  change  in  class  of,  courts  to  take  judicial  notice  of,  section  775. 

Cities  and  towns,  district  court  to  act  in  incorporation  of,  section  768,  et  seq. 

Community  property,  decree  to  divide,  section  2166. 

Condemnation  of  land  for  mines,  proceedings  in  district  court,  section  2459,  et  seq. 

Contested  election  for  city  officers,  section  801. 

Contested  election  for  county  and  township  officers,  section  1803,  et  seq. 

Contested  election  for  district  judge,  section  1813. 

Contested  election  for  state  officers,  section  1823,  et  seq. 

Contested  election  for  members  of  legislature,  section  1818. 

Corporations,  dissolution,  appointment  of  receivers,  sections  1194,  1195,  1240. 

Corporations,  district  court  may  make  order  regarding  election  of  directors,  section  1130. 

County  commissioners,  removal,  suspension,  section  3753. 

Courts  and  court  officers,  sections  4828-4928. 

Criminal  practice  act,  sections  6851-7528. 

Deceased  persons,  district  court  to  decree  execution  of  contracts  of,  for  deed  of  real 
estate,  section  6147. 

Delinquent  taxes,  actions  for,  section  3659,  et.  seq. 

Disincorporation,  proceedings  for,  sections  1194,  1195,  1240. 

District  attorney,  court  may  appoint  temporary,  section  1597. 

District  judge  may  make  order  for  removal  of  directors  of  corporations,  section  1179. 

Divorce,  sections  5838-5845. 

Election  returns,  canvass  by  district  judge  for  legislative  officers  and  county  commission- 
ers, section  1513. 

Estates  of  deceased  persons,  sections  5854-6144. 

Exemption  of  specimens,  sections  5822-5825. 

Guardians,  sections  6149-6201. 

Habeas  corpus  proceedings,  sections  6226-6265. 

Homestead  to  be  set  apart  on  death  of  husband,  section  2165.  » 

Injunction  against  intending  purchaser  of  ore,  section  2489. 

Joint  debtors,  liability  of,  sections  5846-5848. 

Judge  must  be  attorney,  section  525. 

Judicial  notice,  courts  to  take  in  change  of  class  and  organization  of  cities,  section  775. 

Jurors  and  juries,  sections  4928-4942. 

Justice  of  the  peace  may  issue  subpena  in  contest  for  election  for  members  of  legislature, 
section  1819. 

Juvenile  court  law  under  jurisdiction  of  district  court,  section  729,  et  seq. 

Land  contests,  district  court  to  decide,  section  3208. 

Liens  for  labor  and  material,  section  2213,  et  seq. 

Lost  certificates  of  stock,  new  in  lieu  of,  section  1165. 

Mortgagee  of  mine  may  recover  expenditure  made  to  prevent  forfeiture,  section  1091. 

Municipal  courts,  powers  of,  section  822. 

Nuisances,  actions  for  recovery  of  cost  of  removal,  section  921. 


1433  CIVIL  PRACTICE  Sec.  4943 

Order  authorizing  women  to  act  as  sole  traders,  section  2191. 

Partners,  actions  against,  section  2907. 

Probate  practice,  sections  5857-6144. 

Possessor}7  actions,  sections  5849-5856. 

Railroad  rates,  proceedings  relating  to  regulation  of,  sections  4548-4585. 

Revisory  power  over  corporate  elections,  section  1123,  et  seq. 

Removal  from  office,  section  2851,  et  seq.;  county  commissioners,  section  3753. 

Sale  of  real  property  of  religious  and  charitable  corporations,  order  for,  section  1369. 

Undertakings,  sections  695-701. 

Veterinarian,  order  for  service  of,  section  4379. 

Wages,  protection  of,  section  6145. 

Wills,  sections  6202-62'Ji'. 

CONSTITUTIONAL  PROVISIONS 

Appeal,  legislature  may  prescribe,  methods  of,  section  323. 

Bankruptcy,  U.  S.  Const.,  section  114. 

Civil  action,  one  form  of — Law  and  equity  administered  in  same  action,  section  329. 

Civil  process  suspended  on  election  day,  section  i'.~>.">. 

Contracts  not  to  be  impaired,  section  L'44. 

Corporations  may  sue  and  be  sued  in  like  manner  as  individuals,  section  342. 

Court  fees  to  be  charged,  section  331. 

Courts  of  record,  what  are — Appeals,  section  ."._:'.. 

Due  process  and  equal  protection  of  law  guaranteed,  Nev.  Const.,  section  237;  U.  S. 
Const.,  sections  175,  185. 

Exemption  of  property  from  execution,  section  243. 

Extradition,  U.  S.  Const.,  section  1(51. 

Federal  judges,  terms  and  compensation,  U.  S.  Const.,  section  153. 

Fees,  court,  to  be  charged,  section  331. 

Fees,  no  judicial  officers  except  justice  of  the  peace  and  city  recorder  to  receive,  sec- 
tion 325. 

Foreigners  who  have  bona  fide  residence  to  have  same  rights  to  property  as  native-born 
cit i /.ens,  section  245. 

Habeas  corpus  not  to  be  suspended  except  in  case  of  rebellion  or  invasion,  Nev.  Const., 
section  234;  U.  S.  Const.,  section  130. 

Imprisonment* for  debt  prohibited,  section  243. 

Judicial  power  of  state  in  supreme  court,  district  courts,  justices  of  the  peace  and  munici- 
pal courts,  section  316. 

Judicial  power  of  United  States,  U.  S.  Const.,  sections  119,  159. 

Juries,  only  electors  not  convicted  of  crime  to  serve  on,  section  285. 

Jury  trial  secured,  Nev.  Const.,  section  232;  U.  S.  Const.,  sections  156,  176. 

Leave  of  absence,  legislature  not  to  grant  to  judicial  officer;  ninety  days'  absence  from 
state  forfeits  office,  section  332. 

Libel,  in  actions  for,  truth  may  be  taken  in  evidence,  section  238. 

Property  not  to  be  taken  for  public  use  without  compensation,  Nev.  Const.,  section  237; 
U.  S.  Const.,  section  175. 

Search  and  seizure  not  to  take  place  without  oath  and  probable  cause,  Nev.  Const.,  sec- 
tion 247;  U.  S.  Const.,  section  174. 

State  may  be  sued,  section  280. 

Style  of  process,  "The  State  of  Nevada,"  section  328. 

[NOTE — Three  acts  prescribing  a  general  system  of  civil  practice  have  been  passed  in 
this  state,  namely  Stats.  1861,  314;  1869,  196,  and  the  following.  The  acts  of  1861  and  1869 
were  frequently  amended  and  supplemented  by  other  acts  and  all  existing  law  on  the 
subject  was  finally  merged  into  the  present  act.  The  former  acts  had  numerous  citations, 
many  of  which  are  yet  authoritative  for  the  reason  that  numerous  sections  of  this  act  are 
continuations  of  those  of  former  acts,  or  the  difference  is  so  slight  as  to  render  the  con- 
struction put  upon  such  sections  by  the  courts  still  in  point.  So  far  as  possible  the  annota- 
tions contained  in  this  act  have  been  apposed  to  the  corresponding  section.] 

An  Act  to  regulate  proceedings  in  civil  cases  in  this  state  and  to  repeal  all 

other  acts  in  relation  thereto. 

Approved  March  17,  1911 

Chapter  1 — Preliminary  provisions,  sections  4943-4945. 

Chapter  2 — Limitations  in  general,  sections  4946,  4947. 

Chapter  3 — Limitations — Real  property,  sections  4948-4966. 

Chapter  4 — Limitations  other  than  real  property,  sections  4967-4973. 

Chapter  5 — Limitations — Miscellaneous,  sections  4974-4985. 

Chapter  6 — Parties,  sections  4986-5010. 

Chapter  7— Place  of  trial,  sections  5011-5015. 

Chapter  8 — Manner  of  commencing  action,  sections  5016-5034. 

Chapter  9 — Pleadings,  sections  5035-5037. 


Sec,  4943  CIVIL  PRACTICE  1434 

Chapter  10 — Complaint,  sections  5038,  5039. 

Chapter  11 — Demurrer  to  complaint,  sections  5040-5045. 

Chapter  12 — Answer,  sections  5046-5052. 

Chapter  13 — Demurrer  to  answer,  sections  5053-5066. 

Chapter  14— Reply,  sections  5057-5059. 

Chapter  15 — Verification,  sections  5060-5064. 

Chapter  16 — General  rules  of  pleading,  sections  5065-5079. 

Chapter  17 — Variance,  mistakes  in  pleadings  and  amendments,  sections  5080-5086. 

Chapter  18— Arrest  and  bail,  sections  5087-5113. 

Chapter  19 — Discharge  from  arrest,  sections  5114-5123. 

Chapter  20 — Claim  and  delivery,  sections  5124-5135. 

Chapter  21 — Injunction,  sections  5136-5146. 

Chapter  22 — Attachment,  sections  5147-5168. 

Chapter  23 — Garnishment,  sections  5169-5191. 

Chapter  24 — Deposit  in  court,  section  5192. 

Chapter  25 — Receivers,  section  5193. 

Chapter  26 — Provisional  remedies  on  behalf  of  defendant,  section  5194. 

Chapter  27 — Issues,  mode  of  trial,  and  postponement,  sections  5195-5203. 

Chapter  28 — Drawing  of  jury,  number  upon  consent,  examination  of,  sections  5204-5220. 

Chapter  29— The  verdict,  sections  5221-5225. 

Chapter  30 — Trial  by  the  court,  sections  5226-5229. 

Chapter  31 — References  and  trials  by  referees,  sections  5230-5235. 

Chapter  32 — Judgment  by  default,  section  5236. 

Chapter  33 — Judgment  on  dismissal  or  nonsuit,  section  5237. 

Chapter  34 — Judgment  in  general,  sections  5238-5242. 

Chapter  35 — Parties  not  originally  summoned,  sections  5243-5248. 

Chapter  36 — Judgment  by  confession,  sections  5249-5251. 

Chapter  37 — Submitting  controversy  without  action,  sections  5252-5254. 

Chapter  38 — Arbitration,  sections  5255-5264. 

Chapter  39 — Offer  of  compromise,  section  5265. 

Chapter  40 — Manner  of  giving  and  entering  judgment — Roll — Docket — Lien,  sections 
5266-5278. 

Chapter  41 — Satisfaction  of  judgment,  section  5279. 

Chapter  42 — Execution — Exemptions — Redemption,  sections  5280-5306. 

Chapter  43 — Proceedings  supplementary  to  execution,  sections  5307-5314. 

Chapter  44 — Exceptions,  sections  5315-5318. 

Chapter  45 — New  trials,  sections  5319-5324. 

Chapter  46 — Appeals,  sections  5325-5361. 

Chapter  47 — Motions  and  orders,  sections  5362-5366. 

Chapter  48 — Notices — Filing  and  serving  of  parties,  sections  5367-5375. 

Chapter  49 — Costs,  sections  5376-5393. 

Chapter  50 — Contempt,  sections  5394-5407. 

Chapter  51 — Public  writings,  sections  5408-5413. 

Chapter  52 — Private  writings,  sections  5414,  5415. 

Chapter  53 — Admission  or  inspection  of  writings,  sections  5416-5418. 

Chapter  54 — Witnesses — Competency,  sections  5419-5449. 

Chapter  55 — Affidavits,  sections  5450-5453. 

Chapter  56 — Depositions  taken  within  the  state,  sections  5454-5457. 

Chapter  57 — Depositions  taken  out  of  the  state,  sections  5458-5463. 

Chapter  58 — Perpetuating  testimony,  sections  5464-5473. 

Chapter  59 — Common  law — Definitions — Defective  titles  to  papers — Successive  and  con- 
solidated actions — Action  between  sureties — Clerk's  register — Seal — Computation  of  time — 
Oath — General  provisions  relating  to  undertakings  and  sureties — Majority  of  referees  and 
arbitrators — Acts  of  judge  after  his  term — Lien  on  bullion — Deferred  claims  for  wages — 
Elisors — Lien  on  animals,  sections  5474-5500. 

Chapter  60 — Foreclosure  of  mortgages,  sections  5501-5503. 

Chapter  61 — Actions  for  nuisance,  waste,  trespass,  entering  mine,  damages,  sections 
5504-5513. 

Chapter  62 — Actions  to  quiet  title,  for  foreclosure  regarding  real  property,  and  mines, 
sections  5514-5526. 

Chapter  63 — Partition,  sections  5527-5583. 

Chapter  64— Termination  of  life  estate,  section  5584. 

Chapter  65 — Forcible  entry  and  detainer,  sections  5585-5605. 

Chapter  66 — Eminent  domain,  sections  5606-5629. 

Chapter  67 — Lost  records  affecting  real  property — Restoration  of,  sections  5630-5646. 

Chapter  68 — Death  by  wrongful  act,  action  for,  sections  5647,  5648. 

Chapter  69 — Personal  injuries — Action  for,  sections  5649-5652. 

Chapter  70 — Actions  against  the  state,  sections  5653-5655. 

Chapter  71 — Quo  warranto,  sections  5656-5682. 

Chapter  72— Certiorari,  sections  5683-5693. 


1435  CIVIL  PRACTICE  Sec,  4945 

Chapter  73 — Mandamus,  sections  5694-5707. 

Chapter  74— Prohibition,  sections  5708-5710. 

Chapter  75 — General  provisions  as  to  certiorari,  mandamus  and  prohibition,  sections 
5711-5713. 

Chapter  76 — Justices'  courts — Jurisdiction,  section  5714. 

Chapter  77 — Justices'  courts — Place  of  trial,  sections  5715-5721. 

Chapter  78 — Manner  of  commencing  actions  in  justices'  courts,  sections  5722-5733. 

Chapter  79 — Pleadings  in  justices'  courts,  sections  5734-5743. 

Chapter  80 — Provisional  remedies  in  justices'  courts,  sections  5744-5753. 

Chapter  81 — Trials  and  judgments  in  justices'  courts,  sections  5754-5782. 

Chapter  82 — Executions  from  justices'  courts,  sections  5783-5787. 

Chapter  83 — New  trials  and  appeals  from  justices'  courts,  sections  5788-5794. 

Chapter  84 — Justices'  courts — Contempts  and  general  provisions,  sections  5795-5816. 

Chapter  85 — Concerning  the  repeal  of  certain  provisions  of  the  civil  practice  act  and 
acts  in  relation  thereto,  sections  5817-5821. 

Tn    adopting    the    practice    act    of    Cali-  The  provisions  of  the  civil  practice  act, 

t'nrnia,    it    must   he   presumed  to   have  been  not  inconsistent  with  the  revenue  laws,  are 

adopted  MS  interpreted  by  the  highest  court  applicable   to   suits  brought   for  the  collec- 

<>t'    judicature    of    that    state.     Williams    v.  tion  of  taxes.     State  v.  Yellow  J.  S.  M.  Co., 

Glasgow.    1    Nev.    533,    538;     Whitmore    v.  11  Ne\ .  l>20,  235,  236. 

Shiverick,  3  Nev.  303;    Weil  v.  Howard,  4  The   practice  act  is  a   remedial  law.     It 

X.  \.  393.  was  designed  to  simplify  legal  proceedings, 

Our  practice  act  was  indirectly  borrowed  to    expedite    them     and    render    them    less 

from  New  York.     Howe  v.  Coldren,  4  Nev.  costly  and  burdensome  to  litigants  (Beatty, 

17o;  Rose  v.  Treadway,  4  Nev.  460.  J.).     Idem,  253. 

CHAPTER  1 

PRELIMINARY  PROVISIONS 

4943.  One  form  of  action.  % 
SECTION  1.    There  shall  be  in  this  state  but  one  form  of  civil  action  for     ^ 

the  enforcement  or  protection  of  private  rights,  and  the  redress  or  pre-     £ 
vention  of  private  wrongs. 

Kerr,C.C.P.,907. 

See  Const.,  sec.  329. 

Mining  companies  failing  to  file  annual  statements  may  not  prosecute  or  defend  until 
statement  filed,  section  1338. 

Same  in  case  of  foreign  corporations  failing  to  comply  with  laws,  sections  1355,  1364. 

Cited,  State  v.  Yellow  Jacket  S.  M.  Co.f  14  Nev.  238. 

Although  the  same  court  has  jurisdiction,  torts  and  those  growing  out  of  contracts,  as 
under  our  system,  of  cases  at  law  and  in  it  was  under  the  old  practice.  Knicker- 
equity  in  matters  of  probate,  yet  the  several  boeker  N.  S.  M.  Co.  v.  Hall,  3  Nev.  194,  198. 
classes  of  cases  must  be  kept  separate,  and  If  the  pleading  be  upon  contract  a  recov- 

a  petition  to  the  court  of  probate  cannot  be       ery  should  not  be  allowed  if  the  proof  be  of 
••( ni founded  with  an  action  at  law  or  a  suit       a    trespass,   from   which   there   could   be   no 
in    chancery.     Lucich   v.   Medin,   3   Nev.  93       presumption   of  a   contract.     Idem. 
(93  A.  D.  376).  The   district   courts   in   proper   cases   mav 

It  is  as  necessary,  under  our  system  of  administer  both  legal  and  equitable  relief, 
practice,  to  maintain  in  the  pleadings  the  Botsford  v.  Von  Eiper,  33  Nev. —  (110  P. 
•  list! notion  between  actions  arising  out  of  706). 

4944.  Designation  of  parties. 

SEC.  2.  In  such  action  the  party  complaining  shall  be  known  as  the  plain- 
tiff, and  the  adverse  party  as  the  defendant. 

Kerr,  C.  C.  P.,308. 

4945.  When  special  issues  may  be  tried  by  jury. 

SEC.  3.  In  a  case  where  neither  party  can,  as  of  right,  require  a  trial  by 
jury  of  an  issue  of  fact  arising  upon  the  pleadings,  or  where  a  question  of 
fact,  not  in  issue  upon  the  pleadings,  is  to  be  tried,  an  order  for  the  trial 
thereof  by  a  jury  may  be  made,  stating  distinctly  and  plainly  the  question 
of  fact  to  be  tried.  Such  an  order  is  the  only  authority  necessary  for 
the  trial. 

Kerr,  C.  C.  P.,  309;  Utah,  3098. 


Sec.  4946 


CIVIL  PRACTICE 


1436 


CHAPTER  2 

LIMITATIONS  IN  GENERAL 

4946.    Actions  to  be  commenced  within  periods  prescribed. 

SEC.  4.  Civil  actions  can  only  be  commenced  within  the  periods  pre- 
scribed in  this  act,  after  the  cause  of  action  shall  have  accrued,  except 
where  a  different  limitation  is  prescribed  by  statute. 

Kerr,  C.  C.  P.,  312. 

Mining  companies  failing  to  file  annual  statements  may  not  prosecute  or  defend  until 
statement  filed,  sec.  1338. 

Same  in  case  of  foreign  corporations  failing  to  comply  with  law,  sees.  1355,  1364. 


Statutes  of  limitations  cited  generally. 
Bullion  M.  Co.  v.  Croesus  M.  C.,  2  Nev.  174, 
181,  182. 

Where  plaintiff  originally  sued  on  a  writ- 
ten contract,  and  afterwards  amended  his 
complaint  by  adding  a  second  count  on  an 
implied  contract  for  the  same  cause  of 
action:  Held,  that  such  amendment  could 
not  be  resisted  on  the  ground  that  a  new 
suit  on  such  second  count  would  then  be 
barred  by  the  statute  of  limitations,  and 
that  to  strike  out  such  second  count  on  that 
ground  was  error.  Tucker  v.  Virginia,  4 
Nev.  20. 

A  foreign  corporation  cannot  plead  the 
statute  of  limitations  either  in  personal  or 
real  actions.  Barstow  v.  Union  Con.  S.  M. 
Co.,  10  Nev.  386,  387;  Sutro  T.  Co.  v.  S.  B. 
M.  Co.,  19  Nev,  125. 


The  statute  of  limitations,  like  any  other 
statute,  is  to  be  construed  according  to, the 
manifest  intention  of  the  legislature,  and  in 
ascertaining  such  intention,  the  language 
used  should  be  construed  if  possible,  accord- 
ing to  the  usual  meaning  of  the  words  used. 
Treadway  v.  Wilder,  12  Nev.  108,  113. 

The  revenue  laws  of  this  state  do  not 
except  taxes  from  the  operation  of  the 
statute  of  limitations  or  extend  the  time 
for  bringing  suits  for  their  collection 
beyond  the  period  allowed  by  that  statute. 
State  v.  Y.  J.  S.  M.  Co.,  14  Nev.  229. 

To  make  the  possession  of  one  tenant  in 
common  adverse  as  against  the  others,  it  is 
not  necessary  that  notice  should  be  given 
of  the  adverse  intent;  but  the  intent  must 
be  manifested  by  outward  acts  of  an  une- 
quivocal kind.  Abernathie  v.  Con.  Va.  M. 
Co.,  16  Nev.  261. 

4947.    Cause  of  action  arising*  in  another  state  or  foreign  country. 

SEC.  5.  When  a  cause  of  action  has  arisen  in  another  state,  or  in  a 
foreign  country,  and  by  the  laws  thereof  an  action  thereon  cannot  there  be 
maintained  against  a  person  by  reason  of  the  lapse  of  time,  an  action 
thereon  shall  not  be  maintained  against  him  in  this  state,  except  in  favor 
of  a  citizen  thereof  who  has  held  the  cause  of  action  from  the  time  it 
accrued. 

Kerr,  C.  C.P.,361. 

Where  default  is  made  in  a  payment  of  a  brought   on   the   note   in   New   York   within 

firm  note  executed  in  California  by  a  part-  a  time  prescribed  by  the  statutes  of  limita- 

ner  residing  there,  and  the  other  partner  is  tions  of  that  state,  the  holder  cannot  main- 

a  resident  of  New  York,  the  right  of  action,  tain   an   action   against   him   in   Ne\^da    by 

as  against,  the  latter,  accrues  in  New  York,  reason  of  this  section.     Lewis  v.  Hyams.  2<i 

and  not  in  California;    and,  if  no  action  is  Nev.  68,  79-84  (99  A.  S.  677,  63  P/126). 


CHAPTER  3 
LIMITATIONS — REAL    PROPERTY 


4948.  When    action    cannot    be    brought    by       4955. 

grantee  from  this  state. 

4949.  When  actions  by  state  or  its  grantees       4956. 

are    to    be    brought    within    seven 
years. 

4950.  State  not  to  sue,  when.  4957. 

4951.  Action  for  recovery  of  mining  claims 

— Occupation  and  possession  defined       4958. 
— Other  provisions  applicable. 

4952.  No    cause    of    action    effectual    unless       4959. 

party  or  predecessor  seized  or  pos- 
sessed within  five  years.        -  4960. 

4953.  Idem — Five  years. 

4954.  When    peaceable    entry    not    valid    as       4961. 

claim. 


Possession    presumed    in    legal    owner, 

unless  adversely  held. 
Adverse      possession      under      written 

instrument,    decree — What    deemed 

held. 
Idem  —  What     constitutes     possession 

and  occupancy. 
Adverse     possession    under    claim     of 

title  only — Land  deemed  held. 
Idem — What  constitutes  possession  and 

occupancy. 
Adverse  possession,  must  be  five  years 

continuously,  all  taxes  paid. 
Possession  of  tenant  or  landlord — Pre- 
sumption limited. 


1437  CIVIL  PRACTICE  Sec.  4951 

4!H)L>.  Right    of   possession    not    affected   by       49(54.  Action  to  recover  estate  sold  by  execu- 
descent  cast.  tor,  three  years. 

40(>:J.  Action  to  recover  estate  sold  by  guard-       4!K>r>.   Loyal    disability   prevents   running    of 
ianr  three  years.  statute  —  Removal. 

Idem  —  Time  of  disability  not  reckoned. 


4948.  When  action  cannot  be  brought  by  grantee  from  this  state. 

SEC.  6.  No  action  can  be  brought  for  or  in  respect  to  real  property  by 
any  person  claiming  under  letters  patent,  or  grants  from  this  state,  unless 
the  same  might  have  been  commenced  by  the  state  as  herein  specified  in 
case  such  patent  had  not  been  issued  or  grant  made. 

Kerr,  C.  C.P.,316. 

4949.  \\hen  actions  by  state  or  its  grantees  are  to  be  brought  within 

seven  years. 

SEC.  7.  When  letters  patent  or  grants  of  real  property  issued  or  made 
by  this  state,  are  declared  void  by  the  determination  of  a  competent  court, 
an  action  for  the  recovery  of  the  property  so  conveyed  may  be  brought, 
either  by  the  state,  or  by  any  subsequent  patentee  or  grantee  of  the  prop- 
erty, his  heirs  or  assigns,  within  seven  years  after  such  determination,  but 
not  after  that  period. 

Kerr,  C.C.  P.,.">17. 

4950.  State  not  to  sue.  when. 

SEC.  8.  The  State  of  Nevada  will  not  sue  any  person  for,  or  in  respect  to, 
any  real  property,  or  the  issues  or  profits  thereof,  by  reason  of  the  right  or 
title  of  the  state  to  the  same  unless  : 

1.  Such  right  or  title  shall  have  accrued  within  ten  years  before  any 
action  or  other  proceeding  for  the  same  ;  or, 

2.  Unless  the  state,  or  those  from  whom  it  claims,  shall  have  received  the 
rents  and  profits  of  such  real  property,  or  of  some  part  thereof  within  the 
space  of  ten  years. 

Kerr,  C.C.  P.,  :',]:>. 

4951.  Action  for  recovery  of  mining  claims—  Occupation  and  possession 

defined—  Other  provisions  applicable—  Proviso. 

SEC.  9.  No  action  for  the  recovery  of  mining  claims,  or  for  the  recovery 
of  the  possession  thereof,  shall  be  maintained,  unless  it  appear  that  the 
plaintiff,  or  those  through  or  from  whom  he  claims,  were  seized  or  pos- 
sessed of  such  mining  claim,  or  were  the  owners  thereof,  according  to  the 
laws  and  customs  of  the  district  embracing  the  same,  within  two  years 
before  the  commencement  of  such  action.  Occupation  and  adverse  posses- 
sion of  a  mining  claim  shall  consist  in  holding  and  working  the  same,  in 
the  usual  and  customary  mode  of  holding  and  working  similar  claims  in 
the  vicinity  thereof.  All  the  provisions  of  this  act,  which  apply  to  other 
real  estate,  so  far  as  applicable,  shall  be  deemed  to  include  and  apply  to 
mining  claims;  provided,  that  in  such  application  "two  years"  shall  be  held 
to  be  the  period  intended  whenever  the  term  "five  years"  is  used;  and,  pro- 
vided further,  that  when  the  terms  "legal  title"  or  "title"  are  used,  they 
shall  be  held  to  include  title  acquired  by  location  or  occupation,  according 
to  the  usages,  laws,  and  customs  of  the  district  embracing  the  claim. 

Under  some  circumstances  lapse  of  time  of   limitation;     on   the   contrary,   an   actual, 

is  a   good   defense,  although   the   statute   of  exclusive    and    uninterrupted    adverse    pos- 

limitations  is  not  specially  pleaded.     Gotts-  session  for  the  statutory  period  constitutes 

chall  v.  Melsing,  2  Nev.  185,  188-190.  a  complete  bar.     420  M.  Co.  v.  Bullion   M. 

The   act    of   Congress   in   relation   to   the  Co.,  9  Nev.  240,  249. 

location  of  mining  claims  and  the  determin-  The  pendency   of  a   suit   to   recover  pos- 

ation  of  the  rights  thereto  in  case  of  con-  session    of    real    estate    does    not    estop    the 

rlict  CU.  S.  Stats.   1872,  91,  sec.   7)  does  not  plaintiff,  in  case  of  a  suit  subsequently  corn- 

prevent  the  application  of  the  state  statute  menced  against  himself,  from  setting  up  tho 

91 


See.  4952  CIVIL  PRACTICE  1438 

statute    of   limitations    and    claiming    rights  ary   mode   of   holding   and   working   similar 

:iml  privileges  under  it.     Idem.  claims  in   the  vicinity.     South   End  M.   Co. 

Locating,  holding  and  working  a  mining  v.  Tinney,  22  Nev.  34,  35,  65,  70  (35  P.  89). 
claim  in  the  usual  mode  constitutes  occupa-  The  statute  of  limitations  does  not  begin 

tion  and  adverse  possession  under  this  sec-  to  run  against  a  person  entitled  to  the  legal 

tion.     Patchen     v.     Keeley,     19     Nev.     410  title  to   mining   ground  until  the   patent   is 

(14  P.  347).  issued  to  him.     South  End  M.  Co.  v.  Tinney, 

Occupation    and   adverse  possession   of   a  22  Nev.  221  (38  P.  401). 

mining   claim    shall   consist   in   holding   and  Cited,   Nash   v.  McNamara,   30   Nev.    130 

working  the  same,  in  the  usual  and  custom-  (93  P.  405,  16  L.  E.  A.  (N.  S.)  168). 

4952.  No  cause  of  action  effectual  unless  party  or  predecessor  seized  or 

possessed  within  tive  years. 

SEC.  10.  No  cause  of  action,  or  defense  to  an  action,  founded  upon  the 
title  to  real  property,  or  to  rents,  or  to  services  out  of  the  same,  shall  be 
effectual,  unless  it  appear  that  the  person  prosecuting  the  action,  or  making 
the  defense,  or  under  whose  title  the  action  is  prosecuted,  or  the  defense  is 
made,  or  the  ancestor,  predecessor,  or  grantor  of  such  person,  was  seized 
or  possessed  of  the  premises  in  question  within  five  years  before  the  com- 
mitting of  the  act  in  respect  to  which  said  action  is  prosecuted  or  defense 
made. 

Kerr,  C.  C.P.,318. 

The  statute  of  limitations  does  not  begin  Section  33  of  this  act  does  not  in  any  way 

to  run  against  a  resulting  trust  in  favor  of  qualify  this  section.     This  section  prescribes 

the  trustee  because  the  trustee's  possession  the   general   rule   as   to   limitations   of   real 

is    deemed    in    law    the    possession    of    the  actions  or  actions  for  the  possession  of  real 

cestui  que  trust.     Levy  v.  Kyland,  32  Nev.  estate,  and  section  33  declares  the  exceptions 

461  (109  P.  905).  to  the  general  rule.     Chollar-Potosi  M.   Co. 

The  statute  does  not  begin  to  run  against  v.     Kennedy,     3     Nev.     361,     368-370   (93 

the  trust  until  it  has  been  openly  disavowed  A.  D.  409). 

by  the  trustee  insisting  on  an  adverse  right  See  420  M.  Co.  v.  Bullion  M.  Co.,  under 

and  interest  clearly  and  unequivocally  made  last  preceding  section, 
known  to  the  cestui  que  trust.     Idem.  Cited,  Chollar-Potosi  M.   Co.  v.  Kennedy, 

The.  statute  does  not  begin  to  run  against  3  Nev.  370  (93  A.  D.  409). 

an  action  by  cestui  que  trust  until  the  time  Cited,   Malmstrom  v.  People's  D.  D.   Co., 

of  the  discovery  by  the  latter  of  the  fraud  32  Nev.  246,  253  (107  P.  98,  102). 
or  mistake  on  which  it  is  based.     Idem. 

4953.  Idem— Five  years. 

SEC.  11.  No  action  for  the  recovery  of  real  property,  or  for  the  recovery 
of  the  possession  thereof  other  than  mining  claims,  shall  be  maintained, 
unless  it  appear  that  the  plaintiff,  his  ancestor,  predecessor,  or  grantor  was 
seized  or  possessed  of  the  premises  in  question,  within  five  years  before  the 
commencement  thereof. 

Kerr,  C.  C.P.,318. 

Cited,  South  End  M.  Co.  v,  Tinney,  22  Nev.  65,  70. 

4954.  When  peaceable  entry  not  valid  as  claim. 

SEC.  12.  No  peaceable  entry  upon  real  estate  shall  be  deemed  sufficient 
and  valid  as  a  claim,  unless  an  action  be  commenced  by  the  plaintiff  for 
possession  within  one  year  from  the  making  of  such  entry,  or  within  five 
years  from  the  time  when  the  right  to  bring  such  action  accrued. 

Kerr,  C.  C.P.,320. 

A    party    claiming    a    prescriptive    right  is  sought  to  be  charged  with  the  servitude 

for     five     years     who,     within     that    "time,  could   have   maintained   an   action   therefor, 

enlarges  the  use,  cannot,  at  the  end  of  that  Boynton  v.  Longley,  19  Nev.  69,  76  (3  A.  S. 

time,  claim  the  use  as  enlarged  within  that  781,  6  P.  437). 

period.     The    acts    by    which    the    right    is  Cited    in    dissenting   opinion    of    Murphy, 

sought   to   be    established   must   be   such    as  C.   J.,  in   South   End   M.   Co.   v.   Tinney,   22 

to    operate    as    an    invasion    of    the    right  Nev.  69. 

claimed  to  such   an   extent  that  during  the  See  Levy  v.  Ryland,  under  sec.  10  of  this 

whole  period  of  use  the  party  whose  estate  act. 

4955.  Possession  presumed  in  legal  owner,  unless  adversely  held. 

SEC.  13.    In  every  action  for  the  recovery  of  real  property,  or  the  pos- 


1439  CIVIL  PRACTICE  Sec.  4957 

session  thereof,  the  person  establishing  a  legal  title  to  the  premises  shall  be 
presumed  to  have  been  possessed  thereof  within  the  time  prescribed  by 
law;  and  the  occupation  of  such  premises  by  any  other  person  shall  be 
deemed  to  have  been  under  and  in  subordination  to  the  legal  title,  unless  it 
shall  appear : 

1.  That  it  has  been  protected  by  a  substantial  inclosure;  or, 

2.  That  it  has  been  cultivated  or  improved  in  accordance  with  the  usual 
and  ordinary  methods  of  husbandry. 

Kerr,  C.  C.  P.,  .".I'l. 

lriider  this  section,  a  party  is  entitled  to  <  ited    in    dissenting    opinion    of    Murphy, 

111:1  inta in    an    action    for   the    possession    of  (1.  J.,  in  South  End  Co.  v.  Tinney,  22  Nev. 

real  property  at  any  time  before  the  expira-  66,  69  (35  P.  89). 

tion  <it'  five  years  oi'  adverse  possession  after  <  'olor  of  title  in  plaintiff  and  its  payment 

lie  ol.tained  tlie  le^al  title.     Where  the  It1;;  a  I  of  taxes  on  land  make  it  impossible  under 

title    remains    in    the    p>\  eminent    until    the  this   section    for   title   by  adverse   possession 

issuance  of  a    patent,  the  statute  of  limita-  to    be    acquired    by    one    whose    possession 

t\«\i<  does   not   commence  to  run  until  that  was    subordinate    to    that    of    another    who 

date:     the    time    between    the    date    of    the-  occupied   the   premises   in    subordination   to 

certificate  of  the  purchase  and  of  the  issu-  the   title    of    plaintiff   and    virtually    as    its 

"f  the  patent  is  not  to  be  computed  as  tenant.     Reno  Brewing  Co.   v.   Packard,   31 

a   | .art   of  the  five  years  of  adverse  posses-  Xev.  433,  440  (103  P.  415). 
sion.     Treadway    v.    Wilder,    12    Nev.    108, 
Hi1.  1 1::. 

4 *.»•) ii.    Adverse  possession  under  written  instrument,  decree,  what  deemed 

held. 

SEC.  14.  Whenever  it  shall  appear  that  the  occupant,  or  those  under 
whom  he  claims,  entered  into  the  possession  of  premises,  under  claim  of 
title,  exclusive  of  any  other  right,  founding  such  claim  upon  a  written 
instrument,  as  being  a  conveyance  of  the  premises  in  question,  or  upon 
the  decree  or  judgment  of  a  competent  court,  and  that  there  has  been  a 
continued  occupation  and  possession  of  the  premises  included  in  such 
instrument,  decree,  or  judgment,  or  of  some  part  of  such  premises,  under 
such  claim,  for  five  years,  the  premises  so  included  shall  be  deemed  to  have 
been  held  adversely,  except  that  where  the  premises  so  included  consist  of 
a  tract  divided  into  lots,  the  possession  of  one  lot  shall  not  be  deemed  a 
possession  of  any  other  lot  of  the  same  tract. 

Kerr.  ('.('.  P., 322. 

When  a  deed  to  real  estate,  absolute  upon  by  either  the  mortgageor  or  the  mortgagee 

its  fa.e.  is  -iveu  to  secure  a  debt,  and  there  after  the  mortgage   debt  was  due  will   not 

is     no     agreement     when     such     debt     shall  arrest  the  operation  of  the  statute  of  limita- 

liecome     due,     the     statute     of     limitations  tions  in  favor  of  the  mortgagee  in  posses- 

-    to   run    in    favor   of   the   grantee   in  sion,   and   such    action    is   barred   when   not 

-ion    immediately    on   the   delivery   of  brought   within   the   time   limited   after   the 

the  deed,  maturitv  of  the  debt.     Borden  v.  Clow,  21 

In    an   action   to   redeem   mortgaged   real  Nev.  275,  278  (37  A.  8.  511,  30  P.  821). 
te   the    payment    of   taxes    on   the   land 

4957.    Idem— What  constitutes  possession  and  occupancy. 

SEC.  15.  For  the  purpose  of  constituting  adverse  possession  by  any  per- 
son claiming  a  title,  founded  upon  a  written  instrument,  or  judgment,  or 
decree,  land  shall  be  deemed  to  have  been  possessed  and  occupied  in  the 
following  cases : 

1.  Where  it  has  been  usually  cultivated  or  improved. 

2.  Where  it  has  been  protected  by  a  substantial  inclosure. 

3.  Where,  though  not  inclosed,  it  has  been  used  for  the  supply  of  fuel, 
or  of  fencing  timber,  for  the  purpose  of  husbandry ;  or,  for  the  use  of  pas- 
turage, or  for  ordinary  uses  of  the  occupant. 

4.  Where  a  known  farm  or  single  lot  has  been  partly  improved,  the  por- 
tion of  such  farm  or  lot  that  may  have  been  left  not  cleared,  or  not  inclosed 
according  to  the  usual  course  and  custom  of  the  adjoining  country,  shall  be 


Sec.  4958  CIVIL  PRACTICE  1440 

deemed  to  have  been  occupied  for  the  same  length  of  time  as  the  part 
improved  and  cultivated. 
Kerr,  C.  C.  P.,  323. 

4958.  Adverse  possession  under  claim  of  title  only— Land  deemed  held. 
SEC.  16.    Where  it  appears  that  there  has  been  an  actual  continued  occu- 
pation of  premises,  under  a  claim  of  title,  exclusive  of  any  other  right,  but 
not  founded  upon  a  written  instrument,  or  a  judgment,  or  decree,  the 
premises  so  actually  occupied,  and  no  other,  shall  be  deemed  to  have  been 
held  adversely. 

Kerr,  C.  C.P.,324. 

4959.  Idem— What  constitutes  possession  and  occupancy. 

SEC.  17.  For  the  purpose  of  constituting  an  adverse  possession,  by  a  per- 
son claiming  title,  not  founded  upon  a  written  instrument,  judgment,  or 
decree,  land  shall  be  deemed  to  have  been  possessed  and  occupied  in  the 
following  cases  only : 

1.  Where  it  has  been  protected  by  a  substantial  inclosure. 

2.  Where  it  has  been  usually  cultivated  or  improved. 
Kerr,  C.  C.P.,325. 

4960.  Adverse  possession,  must  be  five  years  continuously,  all  taxes  paid. 
SEC.  18.    In  no  case  shall  adverse  possession  be  considered  established 

unless  it  be  shown,  in  addition  to  the  above  requirements,  that  the  land 
has  been  occupied  and  claimed  for  the  period  of  five  years,  continuously, 
and  that  the  party  or  persons,  their  predecessors  and  grantors,  have  paid 
all  taxes,  state,  county  and  municipal,  which  may  have  been  levied  and 
assessed  against  said  land  for  the  period  above  mentioned. 

Kerr,  C.  C.P.,325. 

4961.  Possession  of  tenant  or  landlord— Presumption  limited. 

SEC.  19.  Whenever  the  relation  of  landlord  and  tenant  shall  have  existed 
between  any  persons,  the  possession  of  the  tenant  shall  be  deemed  the 
possession  of  the  landlord  until  the  expiration  of  five  years  from  the 
expiration  of  the  tenancy,  or,  where  there  has  been  no  written  lease,  until 
the  expiration  of  five  years  from  the  time  of  the  last  payment  of  rent,  not- 
withstanding that  such  tenant  may  have  acquired  another  title,  or  may 
have  claimed  to  hold  adversely  to  his  landlord.  But  such  presumptions 
shall  not  be  made  after  the  periods  herein  limited. 

Kerr,  C.C.P.,326. 

4962.  Eight  of  possession  not  affected  by  descent  cast. 

SEC.  20.  The  right  of  a  person  to  the  possession  of  any  real  property, 
shall  not  be  impaired  or  affected  by  a  descent  being  cast  in  consequence  of 
the  death  of  a  person  in  possession  of  such  property. 

Kerr,  C.  C.P.,327. 

4963.  Actions  to  recover  estate  sold  by  .guardian,  three  years. 

SEC.  21.  No  action  for  the  recovery  of  any  estate  sold  by  a  guardian  can 
be  maintained  by  the  ward,  or  by  any  person  claiming  under  him,  unless  it 
is  commenced  within  three  years  next  after  the  termination  of  the  guard- 
ianship. 

Kerr,  C.  C.  P.,  1806;  Utah,  2869. 
See  sees  6018,  6185. 

4964.  Action  to  recover  estate  sold  by  executor,  three  years. 

SEC.  22.  No  action  for  the  recovery  of  any  estate  sold  by  an  executor  or 
administrator  in  the  course  of  any  probate  proceeding  can  be  maintained 
by  any  heir  or  other  person  claiming  under  the  decedent,  unless  it  be 


1441  CIVIL  PRACTICE  Sec.  4907 

commenced  within  three  years  next  after  such  sale.  An  action  to  set  aside 
the  sale  may  be  instituted  and  maintained  at  any  time  within  three  years 
from  the  discovery  of  the  fraud  or  other  lawful  grounds  upon  which  the 
action  is  based. 


K.-IT,  C.  ('.  I'..  r>7:i:  n.-ih.  2S70. 
S<-t>  sec.  Mix. 

Lwil  disability  prevents  miming  of  statute—  Removal. 
SEC.  23.     The  two  preceding  sections  shall  not  apply  to  minors  or  others 
under  any  legal  disability  to  sue  at  the  time  when  the  right  of  action  first 
accrues,  but  all  such  persons  may  commence  an  action  at  any  time  within 
one  year  after  the  removal  of  the  disability. 

Krrr.  C.  C.  I'..  L574,  lsoi;:  Ctah.  L'XTl. 
3CC.  MIX. 

41MW.    Idem—  Time  of  disability  not  reckoned. 

SEC.  24.  If  a  person  entitled  to  commence  an  action  for  the  recovery  of 
real  property,  or  for  the  recovery  of  the  possession  thereof,  or  to  make  any 
entry  or  defense,  founded  on  the  title  to  real  property,  or  to  rents  or  serv- 
ices out  of  the  same,  be  at  the  time  such  title  shall  first  descend  or  accrue, 
either  : 

1.  Within  the  age  of  majority;  or, 

2.  Insane;    or, 

3.  Imprisoned  on  a  criminal  charge,  or  in  execution  upon  conviction  of 
a  criminal  offense,  for  a  term  less  than  for  life  — 

the  time  during  which  such  disability  continues  is  not  deemed  any  portion 
of  the  time  in  this  chapter  limited  for  the  commencement  of  such  actions, 
or  the  making  of  such  entry  or  defense,  but  such  action  may  be  commenced 
or  entry  or  defense  made,  within  the  period  of  two  years  after  such  disa- 
bility shall  cease,  or  after  the  death  of  the  person  entitled,  who  shall  die 
under  such  disability,  but  such  action  shall  not  be  commenced,  or  entry  or 
defense  made,  after  that  period. 

Krrr,  C.  C.  P..  328. 

Srr  SW.MIS. 

Part  of  this  section  is  Stats.  1861,  30,  sec.  ±>,  which  has  had  the  following  citation:  Chollar- 
Potosi  M.Co.T.  Kennedy,  SNev.  968  (98  A.  D.  406  . 

CHAPTER  4 
LIMITATIONS  OTHER  THAN  REAL  PROPERTY 

4!'<;7.  Limitations  of  various  actions.  4971.  Limitations  apply  to  state. 

J'.nis.  Time,  how  reckoned.  4972.  Proceedings     to     contest     election     of 

!!»•;»».  Idem  —  From     last     item     of     mutual  state  officer,  limitation. 

account.  407.').  Proceedings  to  contest  the  election  of 
4!i7<>.  Action   for   relief   not   provided   for  —  county  officer,  limitation. 

Four  years. 

4967.    Limitations  of  various  actions. 

SEC.  25.  Actions  other  than  those  for  the  recovery  of  real  property,  can 
only  be  commenced  as  follows  : 

Within  six  years:  1.  An  action  upon  a  judgment,  or  decree  of  any  court 
of  the  United  States,  or  of  any  state  or  territory  within  the  United  States. 

2.  An  action  upon  a  contract,  obligation,  or  liability,  founded  upon  an 
instrument  in  writing,  except  those  mentioned  in  the  preceding  sections. 

Within  four  years:  1.  An  action  on  an  open  account  for  goods,  wares, 
and  merchandise  sold  and  delivered. 

2.  An  action  for  any  article  charged  in  a  store  account. 

3.  An  action  upon  a  contract,  obligation  or  liability,  not  founded  upon  an 
instrument  in  writing. 

Within  three  years:  1.  An  action  upon  a  liability  created  by  statute, 
other  than  a  penalty  or  forfeiture. 


Sec.  4967  CIVIL  PRACTICE  1442 

2.  An  action  for  waste  or  trespass  of  real  property ;  provided,  that  when 
the  waste  or  trespass  is  committed  by  means  of  underground  works  upon 
any  mining  claim,  the  cause  of  action  shall  not  be  deemed  to  have  accrued 
until  the  discovery  by  the  aggrieved  party  of  the  facts  constituting  such 
waste  or  trespass. 

3.  An  action  for  taking,  detaining,  or  injuring  personal  property,  includ- 
ing actions  for  specific  recovery  thereof;  provided,  that  in  all  cases  where 
the  subject  of  the  action  is  a  domestic  animal  usually  included  in  the  term 
"live  stock,"  having  upon  it  at  the  time  of  its  loss  a  recorded  mark  or 
brand,  and  when  such  animal  was  strayed  or  stolen  from  the  true  owner 
without  his  fault,  the  statute  shall  not  begin  to  run  against  an  action  for 
the  recovery  of  such  animal  until  the  owner  has  actual  knowledge  of  such 
facts  as  would  put  a  reasonable  man  upon  inquiry  as  to  the  possession 
thereof  by  the  defendant. 

4.  An  action  for  relief  on  the  ground  of  fraud  or  mistake;  the  cause  of 
action  in  such  case  not  to  be  deemed  to  have  accrued  until  the  discovery  by 
the  aggrieved  party  of  the  facts  constituting  the  fraud  or  mistake. 

Within  two^  years:  1.  An  action  against  a  sheriff,  coroner,  or  constable, 
upon  the  liability  incurred  by  the  doing  of  an  act  in  his  official  capacity  and 
in  virtue  of  his  office,  or  by  the  omission  of  an  official  duty,  including  the 
nonpayment  of  money  collected  upon  an  execution. 

2.  An  action  upon  a  statute  for  a  penalty  or  forfeiture,  where  the  action 
is  given  to  an  individual,  or  to  the  state,  or  an  individual  and  the  state, 
except  when  the  state  imposing  it  prescribes  a  different  limitation. 

3.  An  action  for  libel,  slander,  assault,  battery,  false  imprisonment  or 
seduction. 

4.  An  action  against  a  sheriff,  or  other  officer,  for  the  escape  of  a  pris- 
oner arrested  or  imprisoned  on  civil  process. 

5.  An  action  to  recover  damages  for  the  death  of  one  caused  by  the 
wrongful  act  or  neglect  of  another. 

Within  one  year:    1.  An  action  against  an  officer,  or  officers  de  facto: 

(a)  To  recover  any  goods,  wares,  merchandise  or  other  property  seized  by 
any  such  officer  in  his  official  capacity,  as  tax  collector,  or  to  recover  the 
price  or  value  of  any  goods,  wares,  merchandise,  or  other  personal  property 
so  seized,  or  for  damages  for  the  seizure,  detention,  sale  of,  or  injury  to, 
any  goods,  wares,  merchandise,  or  other  personal  property  seized,  or  for 
damages  done  to  any  person  or  property  in  making  any  such  seizure. 

(b)  For  money  paid  to  any  such  officer  under  protest,  or  seized  by  such 
officer  in  his  official  capacity,  as  a  collector  of  taxes,  and  which,  it  is  claimed, 
ought  to  be  refunded. 

2.  Actions  or  claims  against  a  county,  incorporated  city  or  town,  which 
have  been  rejected  by  the  board  of  county  commissioners,  city  council,  or 
board  of  trustees,  as  the  case  may  be;  after  the  first  rejection  thereof  by 
such  board,  city  council,  or  board  of  trustees. 

See  sec.  6048. 

On  bond  of  guardian,  6185. 

Kerr,  C.  C.  P., 335-339;  Utah,  2877,  2878,  2880,  2881. 

This    section    is    a    modification    of    Stats.  ance  of  an  action  on  contracts  for  the  ]>ay- 

1861,  p.  29,  sec.  16,  which  has  had  the  fol-  ment  of  money  made  out  of  this  state.     But 

lowing  citations:  this  same  statute  would  only  bar  an  action 

When    a    debt    secured    by    mortgage    is  to   foreclose   a   mortgage   executed   on   pvop- 

barred    by    the    statute    of    limitations,    the  erty  within  this  state  to   secure  such   debt 

mortgage  is  not  thereby  extinguished.  after    the    lapse    of    four    years.     Henry    v. 

Even    when    all    action    or    legal    proceed-  Confidence  M.  Co.,  1  Nev.  619,  620. 

ing  on  the  mortgage  is  barred,  still,  if  the  A  party  holding  a  mortgage  is  not  barred 

mortgagee    gets    rightful    possession    of    the  of  his  right  to  foreclose  the  same  until  four 

premises    mortgaged,    he    may    retain     the  years  shall  have  elapsed  from  the  accruing 

same  until  his  debt  is  paid.  of    the    action,    although    the    statute    may 

The  [old]   statute  of  limitations  provides  have  barred  an  action  at  law  on  the   debt 

a  limitation  of  six  months  to  the  mainten-  before  that  time. 


1443 


CIVIL  PRACTICE 


Sec,  4970 


A  party  taking  a  second  mortgage  dur- 
ing the  period  intervening  between  the  time 
when  the  statute  bars  the  action  at  law,  and 
when  it  bars  the  proceeding  to  foreclose, 
holds  his  lien,  subject  to  the  first  mortgage. 
.\lackie  v.  Lansing,  2  Nev.  302. 

See  Chollar-Potosi  M.  Co.  v.  Kennedy, 
.!  Nev.  361.  , 

cited  State  v.  Y.  J.  S.  M.  Oo.,  14  Nev.  229. 

An  action  to  recover  sheep  alleged  to 
have  been  owned  jointly  with  the  defend- 
ant's testator,  where  the  joint  ownership 
was  denied  by  the  deceased  in  1895,  was 
1 -aired  by  this  section,  since  an  action  of 


became  due:  Held,  that  the  action  was  not 
barred  by  the  statute  of  limitations.  Bas- 
sett  v.  Monte  Cristo  M.  Co.,  15  Nev.  293. 

When  a  married  woman,  who  holds  the 
It-gal  title  to  real  estate  in  her  own  name, 
mortgages  the  same  to  a  bona  fide  mort- 
gagee, without  notice  that  she  holds  the 
same  in  secret  trust  for  another,  to  whom 
she  afterwards  conveys  it,  the  right  of  the 
mortgagee  to  foreclose  the  mortgage  is  not 
l>arred,  as  against  such  grantee,  because 
n. ore  than  four  years  have  elapsed  since 
the  maturity  of  the  indebtedness  secured, 
unless  the  right  to  foreclose  is  barred  as 


replevin  could  have  been  maintained  on  the       against  the  mortgageor.     Eickards  v.  Hutch- 
•  lenial    of    ownership,    the    property    bein-  '      XT  -      01"    """    nnn    «"  '- «    "" 

severable.     Schwartz  v.  Stock,  26  Nev.   IL)(.», 

15  P.  351). 
cited,  Chollar-Potosi  M.  Co.  v.  Kennedy, 

3  Nev.   368-370,  372;     Warren   v.   Sweeney, 

4  Nev.  103. 

Where  money  is  loaned  without  note  or 
writing  ami  a  mortgage  is  given  to  secure 
its  repayment,  although  the  statute  of  limi- 
tations 'may  run  against  an  action  on  tin- 
debt  in  two  years,  it  does  not  run  against  a 
foreclosure  of  the  mortgage  in  less  than 
lour  years.  Cooke>  \.  Culvertson,  U  Nev. 
](.W,  '208. 

An  action  for  the  collection  of  taxes  is 
an  action  upon  "a  liability  created  by 
statute."  and  is  barred  in  three  years. 
state  v.  C.  P.  R.  R.  Co.,  10  Nev.  80. 

Cited,  state  v.  V.  J.  S.  M.  Co.,  14  Nev. 
232, 

Suit    to    foreclose    mortgage    was    com 
menced  more  than  four  years  after  the  date 
of  the  mortgage,  or  trust  deed,  but  less  than 
four  years  after  the  bonds  secured,  thereby 


in  son.   l.s   Nev.  I'll!,  ±JO.  223,  224  (2  P.  ^2}. 

This  section  embraces  all  character  of 
actions,  li'ual  and  equitable,  and  mere  lapse 
of  time,  not  extending  beyond  the  period 
fixed  in  the  statute  of  limitations  for  the 
commnictMiient  of  the  suit,  constitutes  no 
bar  to  the  action.  Lany  Syne  M.  Co.  v. 
BOM,  _"  Nev.  1  HI  i  l!)  A.'s.  834.  18  P.  358). 

Cited.  liorden  v.  Clow,  21  Nev.  279(37 
A  s.  511,  ;•,<)  \>.  si'l  ). 

An  action  upon  a  l>ail  bond  is  an  action 
upon  an  obligation  founded  upon  an  instru- 
ment in  writing,  and  is  not  ail  action  upon 
a  statute  for  a  forfeiture  or  penalty  to  the 
state  which  must  be  commenced  within  two 
years  after  the  right  of  action  has  accrued. 
State  v.  Murphy,  23  Nev.  390,  399(48  P. 

cit.-d.  Mandelbaum  v.  Gregovich,  24  Nev. 
158  (50  P.  849). 

<  ited,  Chollar-Potosi  M.  Co.  v.  Kennedy, 
3  Nev.  368-370  (93  A.  D.  409);  Sutro  T.  Co. 
v.  S.  B.  M.  Co.,  19  Nev.  125  (7  P.  271). 

See  Levy  v.  Ryland  under  sec.  10  of  this 
act. 


4968.  Time,  how  reckoned. 

SEC.  26.  The  time  in  the  preceding  section  shall  be  deemed  to  date  from 
the  last  transaction  or  the  last  item  charged,  or  last  credit  given;  and 
whenever  any  payment  on  principal  or  interest  has  been  or  shall  be  made 
upon  an  existing  contract,  whether  it  be  a  bill  of  exchange,  promissory 
note  or  other  evidence  of  indebtedness  if  such  payment  be  made  after  the 
same  shall  have  become  due,  the  limitation  shall  commence  from  the  time 
the  last  payment  was  made. 

4969.  Idem— From  last  item  of  mutual  account. 

SEC.  27.  In  an  action  brought  to  recover  a  balance  due  upon  a  mutual, 
open,  and  current  account,  where  there  have  been  reciprocal  demands 
between  the  parties,  the  cause  of  action  shall  be  deemed  to  have  accrued 
from  the  time  of  the  last  item  proved  in  the  account  on  either  side. 

Kerr,  C.C.P.,344. 

"A  mutual,  open  and  current  account 
where  there  have  been  reciprocal  demands," 
within  the  meaning  of  this  section,  is  one 
consisting  of  demands  upon  which  each 


party  respectively  might  maintain  an  action. 

If  all  the  items  on  one  side  of  an  account 

were  intended  by  the  parties  as  payments 


or  credits  on  account,  it  is  not  a  mutual, 
open  and  current  account  wherg  there  are 
reciprocal  demands.  Warren  v.  Sweeney,  4 
Nev.  101,  102,  106. 

Cited,  Chollar-Potosi  M.  Co.  v.  Kennedy, 
3  Nev.  368  (93  A.  D.  409). 


4970.    Action  for  relief  not  provided  for— Four  years. 

SEC.  28.    An  action  for  relief,  not  hereinbefore  provided  for,  must  be 
commenced  within  four  years  after  the  cause  of  action  shall  have  accrued. 

Kerr,  C.  C.  P.,  343. 


Sec.  4971  CIVIL  PRACTICE  1444 

Cited,  Chollar-Potosi  v.  Kennedy,  3   Nev.  necessary  for  the  plaintiff  to  establish  facts 

368  (93  A.  D.  409);    Schwartz  v.  Stock,  26  out   of  which  the  trust  arose,   and  then  to 

JSTev.  156  (65  P.  354).  show  that  the  trust  property  had  been  con- 

The    statute    of    limitations    embraces    all  verted    into    money:  Held,    that    under    the 

characters   of   actions,   legal   and   equitable,  circumstances  the  ordinary  action  for  money 

and  is   as   obligatory  upon  the  courts   in   a  had  and  received  to  plaintiff's  use  would  not 

suit  in  equity  as  in  actions  of  law.  lie  against  the  trustee,  and  that  the  section 

A  cestui  que  trust  of  an  expressed  trust  has  of  the  statute  of  limitations  applicable  was 

no  right  of  action  until  the  trust  is  denied  the  four  years'  limitation,  and  not  the  two 

or  some  act  is  done  by  the  trustee  inconsist-  years'   one.     White  v.  Sheldon,  4  Nev.  280, 

cut  with  the  trust;  and  until  then  the  statute  288,  289,  294. 
of  limitations  does  not  begin  to  run.  Cited,  State  v.  Y.  J.  S.  M.  Co.,  14  Nev. 

In    a    case    of   the    purchase    of    property  229,  230. 
alleged    to    be    in    trust,    where    it    became 

4971.  Limitations  apply  to  state. 

SEC.  29.  The  limitations  prescribed  in  this  act  shall  apply  to  actions 
brought  in  the  name  of  the  state,  or  for  the  benefit  of  the  state,  in  the  same 
manner  as  to  actions  by  private  parties. 

Kerr,  C.C.P.,345. 

Cited,  Chollar-Potosi  M.  Co.  v.  Kennedy,  brought  by  the  state  for  the  collection  of 
3  Nev.  368  (93  A.  D.  409).  delinquent  taxes.  State  v.  Y.  J.  S.  M.  Co., 

The  statute  of  limitations  applies  to  suits       14  Nev.  229,  230. 

4972.  Proceedings  to  contest  election  of  state  officer,  limitation. 

SEC.  30.  Proceedings  to  contest  the  election  of  any  state  officer  must  be 
begun  within  sixty  days  after  the  facts  or  evidence  upon  which  the  contest 
is  based  come  to  the  knowledge  of  the  contestant. 

4973.  Proceedings  to  contest  the  election  of  county  officer,  limitation. 

SEC.  31.  Proceedings  to  contest  the  election  of  any  county  officer  or  any 
other  officer  than  a  state  officer,  must  be  begun  within  forty  days  after 
the  facts  of  evidence  upon  which  the  contest  is  based  become  known  to  the 
contestant. 

CHAPTER  5  ' 

^IMITATIONS — MISCELLANEOUS 

4974.  No  limitation  where  property  or  money       4980.  Judgment     reversed  —  Action     to     be 

deposited  in  bank.  brought  within  one  year. 

4975.  Absence  suspends  running  of  statute.          4981.  Action  stayed  by  injunction. 
497(5.  Legal   disability   prevents   running   of       4982.  Disability,  when  available. 

statute — Eemoval.  4983.  Coexisting  disability  must  be  removed. 

4977.  Death  before  expiration  of  limitation       4984.  Action  against  directors  or  stockhold- 

— Effect — Filing  of  claim.  ers  for  penalty  or  forfeiture — Three 

4978.  Death  of  debtor  out  of  state,  statute  years  after  discovery  of  facts. 

suspended.  4985.  Renewal  of  cause  to  be  in  writing. 

4979.  Action  by  alien  enemy — War  suspends 

limitation. 

4974.  No  limitation  where  property  or  money  deposited  in  bank. 

SEC.  32.  To  actions  brought  to  recover  money  or  other  property  depos- 
ited with  any  bank,  banker,  trust  company  or  sayings  and  loan  society, 
there  is  no  limitation. 

Kerr,  C.C.P.,348. 

4975.  Absence  suspends  running  of  statute. 

SEC.  33.  If,  when  the  cause  of  action  shall  accrue  against  a  person,  he 
be  out  of  the  state,  the  action  may  be  commenced  within  the  time  herein 
limited  after  his  return  to  the  state ;  and  if  after  the  cause  of  action  shall 
have  accrued,  he  depart  the  state,  the  time  of  his  absence  shall  not  be 
part  of  the  time  prescribed  for  the  commencement  of  the  action. 

Kerr,  C.  C.  P.,  351. 


1445 


CIVIL  PRACTICE 


Sec.  4977 


standing  absence  from  the  state.  To<lm:m 
v.  Purdy,  5  Nev.  239,  242. 

Cited',  Barstow  v.  Union  Con.  S.  M.  Co., 
10  Xev.  387. 

Cited.  Perkins  v.  Sierra  Nevada  S.  M.  Co., 
10  Nev.  40<i,  41<>;  Bickards  v.  Hutchinson, 
18  Nev.  -2-2-2  (2  T.  52). 

This  section  applies  to  the  class  of  cases 
mentioned  in  section  .'>!'  [old  act]  as  well  as 
to  those  mentioned  in  section  25  of  this  act. 
It  applies  to  all  causes  of  actions;  to  foreign 
corporations  as  well  as  individuals  absent 
from  this  state;  to  contracts  made  out  of 
this  state  to  be  performed  within  it  as  well 
as  contracts  made  within  the  state.  Sutro 
T,  <  ...  v.  S.  B.  M.  Co.,  19  Nev.  121,  125,  126 
(7  I'.  271). 

Cited.  Mamlelbaum  v.  Gregovich  24  Nev. 
!.->!»  (.10  P.  849);  Lewis  v.  Hyams,  26  Nev.  82 
(99  A.  S.  677,  63  P.  126). 


This  section  does  not  in  any  way  qualify 
section  10  of  this  act.  This  section  declares 
tl  e  exceptions  to  the  general  rule.  Chollar- 
I'otosi  M.  Co.  \.  Kennedy.  ,",  Nev.  361,  369, 
370,  :\7-2  (93  A.  I).  409).  " 

foreign  corporations  are  within  the  excep- 
tion of  this  section.  Idem. 

This  section,  in  the  use  of  the  expression 
"cause  of  action,"  includes  real  action's  or 
a<  tions  as  to  real  estate  as  well  as  personal 
actions. 

( 'hollar-l'otosi  M.  Co.  v.  Kennedy  (3  Nev. 
:>•'>]  .  in  so  far  as  it  expresses  an  opinion 
that  a  foreign  corpm-ation  is  entitled  to 
avail  itself  of  the  bar  of  the  statute  in  an 
M'-tion  concerning  real  property,  disapproved. 
K'ohinson  v.  Imperial  S.  M.  Co.,  5  Nev.  45, 

j»».  73  :<;. 

This  section  has  entirely  overthrown  the 
old  rule,  that  the  statute,  when  once  it 
1-e-an  to  run,  continued  to  run,  notwith- 

41>7().     Legal  disability  prevents  running  of  statute— Removal. 

SEC.  34.  If  a  person  entitled  to  bring  an  action  other  than  for  the  recov- 
ery of  real  property,  be,  at  the  time  the  cause  of  action  accrued,  either : 

1.  Within  the  age  of  twenty-one  years;  or, 

2.  Insane;  or, 

3.  Imprisoned  on  a  criminal  charge,  or  in  execution  under  the  sentence 
of  a  criminal  court,  for  a  term  less  than  his  natural  life ;  or, 

4.  A  married  woman— 

the  time  of  such  disability  shall  not  be  a  part  of  the  time  limited  for  the 
commencement  of  the  action. 

Ken-,  C.  C.  P.,:;.vj. 

Cited,  Tholhir-Potosi  M.  Co.  v.  Kennedy,  3  Nev.  368-372  (93  A.  I).  409);  Robinson  v. 
Imperial  S.  M.  Co.,  •">  Nev.  7">. 

11)77.     Dcnth  before  expiration  of  limitation— Kit'eet— Filing  of  claim. 

SEC.  35.  If  the  person  entitled  to  bring  an  action,  die  before  the  expira- 
tion of  the  time  limited  for  the  commencement  thereof,  and  the  cause  of 
action  survive,  an  action  may  be  commenced  by  his  representatives,  after 
the  expiration  of  that  time,  and  within  one  year  from  his  death.  If  a  per- 
son against  whom  an  action  may  be  brought  die  before  the  expiration  of 
the  time  limited  for  the  commencement  thereof,  and  the  cause  of  action 
survives,  an  action  may  be  commenced  against  his  executors  or  adminis- 
trators after  the  expiration  of  that  time,  and  within  one  year  after  the 
issuing  of  letters  testamentary  or  of  administration;  provided,  the  final 
account  of  such  executor  or  administrator  in  the  estate  of  such  decedent  be 
not  sooner  filed,  and,  provided,  a  claim  therefor  be  presented  as  required 
by  the  law  governing  estates  of  deceased  persons. 

Kerr,C.C.P.,353. 


When  a  party  dies  owing  a  debt  not 
haired  by  the  statute  of  limitations  at  his 
death,  the  holder  of  the  claim  has  one  year 
after  administration  granted  on  the  debtor's 
estate  within  which  to  bring  his  action, 
although  the  action  would  have  been  barred 
in  less  than  one  year  if  the  debtor  had  lived; 
if,  however,  the  claim  is  presented  to  the 
administrator  and  rejected,  suit  must  be 
brought  thereon  within  three  months  after 
the  rejection. 

The  statute  giving  one  year  after  admin- 
istration granted  applies  to  all  classes  of 
s.  Wick  v.  O'Neale,  2  Nev.  303-305. 


Cited,  Kobinson  v.  Imperial  S.  M.  Co..  5 
Nev.  75. 

The  object  of  this  section  was  to  extend 
the  time,  in  certain  cases,  within  which 
actions  might  be  commenced  and  was  not 
intended  to  limit  the  time  given  by  other 
sections  of  the  act.  Eickards  v.  Hutchinson, 
18  Nev.  216,  223  (2  P.  52). 

Under  the  provisions  of  this  section, 
trover  for  conversion  of  sheep  by  a  testator 
cannot  be  maintained  against  his  executrix 
where  not  brought  within  a  year  from  the 
issuance  of  letters  testamentary.  Schwartz 
v.  Stock,  26  Nev.  155,  157  (65  P.  357). 


Sec.  4978  CIVIL  PRACTICE  1446 

4978.  Death  of  debtor  out  of  state,  statute  suspended. 

SEC.  36.  If  a  person  against  whom  a  cause  of  action  exists  dies  without 
the  state,  the  time  which  elapses  between  his  death  and  the  expiration  of 
one  year  after  the  issuing,  within  this  state,  of  letters  testamentary  or  let- 
ters of  administration,  is  not  a  part  of  the  time  limited  for  the  commence- 
ment of  an  action  therefor,  against  his  executor  or  administrator. 

4979.  Action  by  alien  enemy— War  suspends  limitation. 

SEC.  37.  When  a  person  shall  be  an  alien  subject,  or  citizen  of  a  country 
at  war  with  the  United  States,  the  time  of  the  continuance  of  the  war  shall 
not  be  a  part  of  the  period  limited  for  the  commencement  of  the  action; 
provided,  however,  that  nothing  in  this  section  shall  be  so  construed  as  to 
consider  any  citizen  or  person  of  any  state  engaged  in  rebellion  against  the 
United  States  government  as  an  alien. 

Kerr,  C.  C.P.,354. 

4980.  Judgment  reversed— Action  to  be  brought  within  one  year. 

SEC.  38.  If  an  action  shall  be  commenced  within  the  time  prescribed 
therefor,  and  a  judgment  therein  for  the  plaintiff  be  reversed  on  appeal, 
the  plaintiff,  or  if  he  die  and  the  cause  of  action  survive,  his  heirs  or  rep- 
resentatives, may  commence  a  new  action  within  one  year  after  the 
reversal. 

Kerr,  C.  C.P.,355. 

4981.  Action  stayed  by  injunction. 

SEC.  39.  When  the  commencement  of  one  action  shall  be  stayed  by 
injunction  or  statutory  prohibition,  the  time  of  the  continuance  of  the 
injunction  or  prohibition  shall  not  be  part  of  the  time  limited  for  the  com- 
mencement of  the  action. 

Kerr,  C.C.  P.,356. 

4982.  Disability,  when  available. 

SEC.  40.  No  person  shall  avail  himself  of  a  disability,  unless  it  existed 
when  his  right  of  action  accrued. 

Kerr,  C.C.  P.,  357. 

Cited,  Robinson  v.  Imperial  S.  M.  Co.,  5  Nev.  74. 

4983.  Coexisting  disability  must  be  removed. 

SEC.  41.  When  two  or  more  disabilities  coexist,  at  the  time  the  right  of 
action  accrues,  the  limitation  shall  not  attach  until  they  all  be  removed. 

Kerr,  C.C.  P.;  358. 

4984.  Action  against  directors  or  stockholders  for  penalty  or  forfeiture- 

Three  years  after  discovery  of  facts. 

SEC.  42.  The  preceding  sections  shall  not  affect  actions  against  directors 
or  stockholders  of  a  corporation  to  recover  a  penalty  or  forfeiture  imposed 
or  to  enforce  a  liability  created  by  law ;  but  such  actions  must  be  brought 
within  three  years  after  the  discovery,  by  the  aggrieved  party,  of  the  facts 
upon  which  the  penalty  or  forfeiture  attached,  or  the  liability  was  created. 

Kerr,  C.C.  P.,  359. 

4985.  Renewal  of  cause  to  be  in  writing. 

SEC.  43.  No  acknowledgment  or  promise  shall  be  sufficient  evidence  of 
a  new  or  continuing  contract,  whereby  to  take  the  case  out  of  the  operation 
of  this  act,  unless  the  sarnie  be  contained  in  some  writing  signed  by  the 
party  to  be  charged  thereby,  except  as  provided  in  section  26  of  this  act. 

Kerr,  C.C.  P.,  360. 

Indebtedness  of  public  officer,  does  not  run  against,  sec.  2866. 


1447 


CIVIL  PRACTICE 


Sec.  4985 


The  above  sections  in  regard  to  limita- 
tions of  actions  are  taken  from  Stats.  1861, 
L'I),  sees.  32,  33,  and  34,  which  (omitted) 
have  had  the  following  citations: 

Whenever  a  debt  secured  by  mortgage  is 
barred  by  the  statute  of  limitations,  the 
mortgage  is  not  thereby  extinguished. 
1  Ifii r\  v.  Confidence  M.  Co.,  1  Nev.  619. 

See,  also,  Lewis  v.  Hyams,  under  sec.  5 
of  this  act. 

Where  a  bond  is  drawn  up  in  California 
and  there  signed  and  sealed  by  an  obligor 
and  thtMi  sent  to  this  state  to  be  signed  and 
scaled  by  the  remaining  obligor,  the  finish- 
in  L;  art  in  the  execution  o**  the  bond  having 
been  done  in  this  state,  it  must  be  held  an 
regard  to  the  statute  of  limitations  as  a 
bond  executed  in  this  state,  and  not  in 
another  state.  Alcalda  v.  Morales,  3  Nev. 
1  ::•_',  136. 

I'pon  review  of  facts  it  was  held  that  a 
imti'  and  mortgage  were  consummated  in  this 
slate.  Reade  v.  Edwards,  2  Nev.  262. 

cited.  Wirk  v.  O'Neale,  2  Nev.  304. 

statutes  of  limitation  apply  only  to  the 
remedy  on  a  contract,  and  not  to  the  right 
or  obligation,  so  that,  although  the  statu- 
tory bar  has  fully  run  against  a  contract 
\\here  made,  yet,  if  it  is  to  be  performed  at 
another  place,  and  it  is  not  there  barred, 
it  may  be  enforced,  provided  the  statute 
lias  not  absolutely,  by  its  terms,  extin- 
guished and  nullified  the  claim  itself. 

A  promissory  note,  made  in  California, 
and  payable  "in  California  and  Nevada," 
can  at  payer's  option  be  paid  in  either  state, 
and  therefore  cannot  be  construed  into  a 
contract  to  be  performed  In  Nevada,  so  as 
to  bring  it  within  the  purview  of  the  rule 
touching  the  place  of  payment. 


The  statute  of  limitations  in  force  at  the 
time  of  suit  brought  governs  the  remedy  on 
a  contract;  provided,  in  case  of  the  passage 
ot  a  new  statute  after  the  making  of  a  con- 
tract, a  reasonable  time  be  given  to  bring 
suit. 

This  section  excludes  an  acknowledgment 
or  promise  not  in  writing  as  evidence  of  a 
new  or  continuing  contract  to  take  a  case 
out  of  the  operation  of  a  statute. 

Part  payment  is  not  sufficient  as  a  new 
promise  to  take  a  case  out  of  the  operation 
of  the  statute  of  limitations. 

An  acknowledgment,  to  take  a  case  out 
of  the  operation  of  the  statute  of  limita- 
tions, m ust  be  clear,  explicit,  and  direct  to 
the  point  that  the  debt  is  due. 

It  a  plaintiff,  relying  upon  an  acknowl- 
edgment in  writing  to  take  a  case  out  of  the 
operation  of  the  statute  of  limitations, 
proves  a  general  acknowledgment  of  indebt- 
edness, the  burden  of  proof  is  on  the  defend- 
ant to  show  that  it  related  to  a  different 
demand  from  the  one  in  controversy. 

A  promise  to  pay  a  debt  when  able,  is  not 
sullicient  of  itself  as  an  acknowledgment  or 
new  promise  to  take  a  case  out  of  the  opera- 
tion of  the  statute  of  limitations.  Wilcox 
v.  Williams,  5  Nev.  207,  214,  215. 

Part  payment  under  our  statute  of  limita- 
t  ions  does  not  avail  to  raise  its  bar. 

The  ackijowledgment  or  promise  in  writ- 
ing, contemplated  by  the  statute  to  take 
a  case  out  of  its  operation,  must  be  made  by 
the  party  to  be  charged  or  his  authorized 
aneiit  and  to  some  one  having  interest  or 
authority  to  receive  it.  Taylor  v.  Hendry, 
8  Nev.  243,  246. 


CHAPTER  6 


4986. 
4987. 
4988. 

4989. 
4990. 

4991. 
4992. 

4993. 
4994. 

4995. 
4996. 
4997. 


5000. 


PARTIES 

Action  to  be  brought  in  name  of  real       5001. 
party  in  interest. 

Action  by  executor  or  trustee — Trustee 

of  express  trust  defined.  5002. 

Assignment  of  a  thing  in  action — 
Effect — Not  to  apply  to  negotiable 
paper,  when.  5003. 

Actions  by  or  against  a  married  woman. 

Husband    and    wife    sued    together  — 

Wife  may  defend.  5004. 

Deserted  husband  or  wife  as  a  party. 

Infant,  insane,  or  incompetent  person       5005. 
to  appear  by  guardian. 

Guardian  ad  litem,  how  appointed. 

Unmarried  female  may  sue  for  seduc- 
tion. 

Idem — When  parent  or  guardian  may       5006. 
sue. 

Parent  or  guardian  may  sue  for  death       5007. 
of  minor  child  or  ward. 

Heirs,  guardian,  or  personal  representa- 
tives may  sue  for  death  of  adult.  5008. 

Persons   interested   may  be  joined   as 

plaintiffs.  5009. 

Who  may  be  joined  as  defendants. 

Persons  claiming  under  common  title.          5010. 


Parties  in  interest,  when  to  be  joined 
— When  one  or  more  may  sue  or 
defend  for  all. 

Plaintiff  may  sue  in  one  action  the  dif- 
ferent parties  to  commercial  paper 
— Insurers  of  property. 

Defendants  may  be  sued  in  the  name 
designated  in  contract — Judgment, 
how  entered. 

Action  not  to  abate  by  death  or  trans- 
fer— Substitution. 

Another  person  may  be  substituted 
for  the  defendant,  when — Deposit 
of  money  or  delivery  of  property — 
Conflicting  claimants  must  inter- 
plead. 

Intervention,  when  it  takes  place,  and 
how  made — Costs. 

Associates  may  be  sued  by  name  of 
association — Summons,  how  served 
— Judgment  binding. 

Court  may  decide  controversy  or  order 
other  parties  brought  in. 

Unknown  heirs  to  real  property  may 
be  made  parties. 

Idem  —  Allegations  and  proof  that 
names  and  residences  of  heirs  are 
unknown. 


Sec.  4986  CIVIL  PRACTICE  1448 

4986.  Action  to  be  in  name  of  real  party  in  interest. 

SEC.  44.  Every  action  shall  be  prosecuted  in  the  name  of  the  real  party 
in  interest,  except  as  otherwise  provided  in  this  act. 

Kerr,  C.C.P.,367. 

Under    our    practice    the    real    parties    in  a  provision  for  his  benefit.     Miliani  v.  Tog- 
interest  are  made  plaintiffs  and  defendants.  nini,  19  Nev.  133,  134  (7  P.  279). 
Sherman  v.  Dilley,  3  Nev.  25.  When    two    cotenants    separately    convey 

A     party     to     whom     certain     lands     are  their  interest  in  a  mine,  a  subsequent  deed 

granted    for    the    purpose    of    bringing    an  from   one   of  them,  conveying  to   the   other 

action  for  water  rights  connected  therewith,  all   his   interests   and   title   in   the   land   for 

there  being  an  oral  agreement  between  the  the  express  purpose  of  enabling  the  grantee 

parties    that    upon    the    termination    of    the  to    sue   in    her   own   name   to    set   aside   the 

litigation    the   lands    should   be   reconveyed,  first  deed  for  fraud,  and' recover  all  the  land, 

may   prosecute   and  maintain   the  action   in  and  providing  that,  in  the  event  of  recovery, 

his  own  name.     Such  suit  is  founded  on  the  such  grantee  shall  reconvey  to  the  grantor 

legal   title.     Smith   v.    Logan,    18    Nev.    149,  his    interest,    and    pay    him    his    proportion 

152  (1  P.  678).  of  any  damages  recovered,  does  not  give  the 

A  pledgee  of  a  negotiable  note  has  collat-  grantee  such  an  interest  in  the  grantor's 
eral  security,  is  entitled  to  be  protected  as  interest  as  will  entitle  her  to  sue  in  her  own 
a  bona  fide  holder  to  the  same  extent  as  one  name  to  set  both  the  deeds  aside.  (By 
who  becomes  the  absolute  owner,  and  may  Murphy,  J.,  Belknap,  J.,  dissenting.) 
maintain  suit  thereon  in  his  own  name  as  The  assignment  of  a  bare  right  to  file  a 
the  real  party  in  interest.  The  only  differ-  bill  in  equity  for  a  fraud  committed  on  the 
ence  between  the  rights  of  such  parties  is  assignor  cannot  be  maintained  in  the  name 
that  the  absolute  owner  may  recover  in  of  the  assignee.  It  is  contrary  to  public 
full,  while  the  pledgee,  if  there  be  equities,  policy,  and  savors  of  the  character  of  main- 
is  restricted  to  the  extent  of  his  advances.  tenance.  (Belknap  J.,  dissenting.)  Gruber 
Haydon  v.  Nicoletti,  18  Nev.  290,  299  (3  v.  Baker,  20  Nev.  453,  465,  467  (23  P.  858,  9 
P.  473).  L.  E.  A.  302). 

A  plaintiff  may  maintain  an  ^action  on  a  Under    this    section,    an    assignee    of    an 

simple  contract,  to  which  he  was'not  a  party,  interest    in    a    judgment    is    a    proper    party 

upon   which    he   was   not   consulted,   and   to  plaintiff    in    an    action    on    such    judgment, 

which   he  did  not  assent,  when  it   contains  Mandelbaum  v.  Gregovich,  24  Nev.  154,  158 

(50  P.  849). 

4987.  Action  by  executor  or  trustee— Trustee  of  express  trust  defined. 
SEC.  45.    An  executor  or  administrator,  or  trustee  of  an  express  trust, 

or  a  person  expressly  authorized  by  statute,  may  sue  without  joining  with 
him  the  person  or  persons  for  whose  benefit  the  action  is  prosecuted.  A 
trustee  of  an  express  trust,  within  the  meaning  of  this  section,  shall  be  con- 
strued to  include  a  person  with  whom,  or  in  whose  name,  a  contract  is  made 
for  the  benefit  of  another. 

Kerr,  C.  C.P.,369. 

An   assignee   of  an   account   may   sue   on       such  case,  need  not  be  made  a  party.     Car- 
it    in    his    own    name    though    the  "assignor       penter  v.  Johnson,  1  Nev.  332,  334. 
have    an    interest    in    it.     The    assignor,    in 

4988.  Assignment  of  a  thing  in  action— Effect— Not  to  apply  to  negoti- 

able paper,  when. 

SEC.  46.  In  the  case  of  an  assignment  of  a  thing  in  action,  the  action  by 
the  assignee  shall  be  without  prejudice  to  any  set-off  or  other  defense, 
existing  at  the  time  of,  or  before  notice  of,  the  assignment;  but  this  sec- 
tion shall  not  apply  to  a  negotiable  promissory  note,  or  bill  of  exchange, 
transferred  in  good  faith,  and  upon  good  consideration,  before  due. 

Kerr,  C.C.P.,368. 

To  an  action  brought  upon  an  undertak-  persons  jointly,  indorsed  by  only  one  of  the 

ing  on  attachment,  defendants'  defense  payees,  is  subject  to  any  equities  in  favor 

would  be  as  complete,  in  case  they  were  of  the  maker,  the  same  as  though  it  had 

sued  by  an  assignee,  as  it  would  be  if  the  not  been  indorsed  by  either.  Such  a  note 

suit  were  brought  by  the  party  to  whom  the  is  payable  to  all  the  payees,  or  to  their  joint 

undertaking  was  given.  Elder  v.  Shaw,  order,  and  cannot  be  transferred  except  by 

12  Nev.  82.  the  joint  endorsement  of  all  the  payees. 

A  negotiable  note  payable  to  two  or  more  Haydon  v.  Nicoletti,  18  Nev.  299  (3  P.  473). 


1449  CIVIL  PRACTICE  See.  4994 

4989.  Actions  by  or  against  a  married  woman. 

SEC.  47.  When  a  married  woman  is  a  party,  her  husband  must  be  joined 
with  her,  except : 

1.  When  the  action  concerns  her  separate  property,  or  her  right  or  claim 
to  the  homestead  property,  she  may  sue  alone. 

2.  When  the  action  is  between  herself  and  her  husband,  she  may  sue  or 
be  sued  alone. 

3.  When  she  is  living  separate  and  apart  from  her  husband  by  reason  of 
his  desertion  of  her,  or  by  agreement,  in  writing,  entered  into  between 
them,  she  may  sue  or  be  sued  alone. 

Kerr,  C.  C.  P.,  370. 

4990.  Husband  and  witV  sued  together— Wife  may  defend. 

SEC.  48.    If  husband  and  wife  are  sued  together,  the  wife  may  defend  of 
her  own  right,  and  if  either  neglect  to  defend,  the  other  may  defend  for  both. 
Kerr,  C.  C.  I1. .".71;  1'tah,  LMH).->;  Iowa.  McClain's  An.  C.  (1888),  3768, 

4991.  Deserted  husband  or  wife  as  a  partv. 

SEC.  49.  When  a  husband  has  deserted  his  family,  the  wife  may  prose- 
cute or  defend  in  his  name  any  action  which  he  might  have  prosecuted  or 
defended,  and  shall  have  the  same  powers  and  rights  therein  as  he  might 
have,  and,  under  like  circumstances,  the  husband  shall  have  the  same  right. 

I'tali. -J'.KMi;   I..\va.  Mc(  Main's  An.C.  i 1SSS) ,  :{7<><). 

4992.  Infant,  insane,  or  incompetent  person  to  appear  b.v  guardian. 
SEC.  50.    When  an  infant,  or  an  insane  or  incompetent  person  is  a  party, 

he  must  appear  either  by  his  general  guardian  or  by  a  guardian  ad  litem 
appointed  by  the  court  in  which  the  action  is  pending,  in  each  case.  A 
guardian  ad  litem  may  be  appointed  in  any  case,  when  it  is  deemed  by  the 
court  in  which  the  action  or  proceeding  is  prosecuted,  or  by  a  judge  thereof, 
expedient  to  represent  the  infant,  insane,  or  incompetent  person  in  the 
action  or  proceeding,  notwithstanding  he  may  have  a  general  guardian 
and  may  have  appeared  by  him. 

Kerr,  C.  C.  P.,  372. 

4993.  Guardian  ad  litem.  how  appointed. 

SEC.  51.  When  a  guardian  ad  litem  is  appointed  by  the  court,  he  must 
be  appointed  as  follows : 

1.  When  the  infant  is  plaintiff,  upon  the  application  of  the  infant,  if  he 
be  of  the  age  of  fourteen  years,  or  if  under  that  age,  upon  the  application 
of  a  relative  or  friend  of  the  infant. 

2.  When  the  infant  is  defendant,  upon  the  application  of  the  infant,  if 
he  be  of  the  age  of  fourteen  years,  and  apply  within  ten  days  after  the 
service  of  the  summons,  or  if  under  that  age,  or  if  he  neglect  to  so  apply, 
then  upon  the  application  of  a  relative  or  friend  of  the  infant,  or  any  other 
party  to  the  action. 

3.  When  an  insane  or  incompetent  person  is  a  party  to  an  action  or  pro- 
ceeding, upon  the  application  of  a  relative  or  friend  of  such  insane  or 
incompetent  person,  or  of  any  other  party  to  the  action  or  proceeding. 

Kerr,  C.C.P.,373. 

4994.  Unmarried  female  may  sue  for  seduction. 

SEC.  52.  An  unmarried  female,  under  twenty  years  of  age  at  the  time 
of  her  seduction,  may  prosecute,  as  plaintiff,  an  action  therefor,  and  may 
recover  therein  such  damages,  pecuniary  or  exemplary,  as  are  assessed  in 
her  favor. 

Kerr,  C.C.P.,374. 


Sec.  4995  CIVIL  PRACTICE  1450 

4995.  Idem— When  parent  or  guardian  may  sue. 

SEC.  53.  A  father,  or,  in  case  of  his  death  or  desertion  of  his  family,  the 
mother,  may  prosecute  as  plaintiff  for  the  seduction  of  the  daughter,  who, 
at  the  time  of  her  seduction,  is  under  the  age  of  majority;  and  the  guard- 
ian, for  the  seduction  of  the  ward,  who,  at  the  time  of  her  seduction,  is 
under  the  age  of  majority,  though  the  daughter  or  the  ward  be  not  living 
with  or  in  the  service  of  the  plaintiff  at  the  time  of  the  seduction,  or  after- 
wards, and  there  be  no  loss  of  service. 

Kerr,  C.  C.  P.,  375. 

4996.  Parent  or  guardian  may  sue  for  death  of  minor  child  or  of  ward. 
SEC.  54.    A  father,  or,  in  case  of  his  death  or  desertion  of  his  family,  the 

mother,  may  maintain  an  action  for  the  death  or  injury  of  a  minor  child, 
when  such  injury  or  death  is  caused  by  the  wrongful  act  or  neglect  of 
another;  and  a  guardian  may  maintain  an  action  for  the  injury  or  death 
of  his  ward,  if  the  ward  be  of  lawful  age,  when  such  injury  or  death  is 
caused  by  the  wrongful  act  or  neglect  of  another,  the  action  by  the  guardian 
to  be  prosecuted  for  the  benefit  of  the  heirs  of  the  ward.  Any  such  action 
may  be  maintained  against  the  person  causing  the  injury  or  death,  or,  if 
such  person  be  employed  by  another  person  who  is  responsible  for  his 
conduct,  also  against  such  other  person. 

Kerr,  C.C.P.,376. 

When  the  action  was  commenced,  the  attained  his  majority,  and  upon  his  motion 
party  to  whom  the  cause  of  action  belonged  was  joined  with  his  mojther  as  party  plain- 
was  a  minor;  it  was  held  that  suit  was  tiff.  This  was  held  error,  and  that  it  would 
therefore  properly  br6ught  in  the  name  of  have  been  proper  to  substitute  him  as  the 
his  mother,  who  was  also  his  guardian.  sole  plaintiff  in  her  place,  but  having  no 
Eicord  v.  C.  P.  R.  E.  Co.,  15  Nev.  167,  175.  joint  interest  in  the  cause  of  action  they 

At  the  time   of  the  trial  the   minor   had  could  not   be  united  as  plaintiffs.     Idem. 

4997.  Heirs,  guardian,  or  personal  representatives  may  sue  for  death  of 

adult. 

SEC.  55.  When  the  death  of  a  person  not  a  minor  is  caused  by  the  wrong- 
ful act  or  neglect  of  another,  his  heirs,  or  his  personal  representatives  for 
the  benefit  of  his  heirs,  may  maintain  an  action  for  damages  against  the 
person  causing  the  death,  or,  if  such  person  be  employed  by  another  person 
who  is  responsible  for  his  conduct,  then  also  against  such  other  person.  If 
such  adult  person  have  a  guardian  at  the  time  of  his  death,  only  one  action 
can  be  maintained  for  the  injury  to  or  death  of  such  person,  and  such 
action  may  be  brought  by  either  the  personal  representatives  of  such  adult 
person  deceased  for  the  benefit  of  his  heirs,  or  by  such  guardian  for  the 
benefit  of  his  heirs  as  provided  in  section  54.  In  every  action  under  this 
and  the  preceding  section  such  damages  may  be  given  as  under  all  the  cir- 
cumstances of  the  case  may  be  j  ust. 

Kerr,  C.C.P.,377. 

4998.  Persons  interested  may  be  joined  as  plaintiffs. 

SEC.  56.  All  persons  having  an  interest  in  the  subject  of  the  action,  and 
in  obtaining  the  relief  demanded,  may  be  joined  as  plaintiffs,  except  when 
otherwise  provided  in  this  act. 

Kerr,  C.  C.P.,378. 

While  this  section  declares  that  all  per-  354.   158  (50   P.   849),  under   sec.  44  of  this 

sons  having  an  interest  in  the  subject  of  an  act. 

action,  and  in  obtaining  the  relief  demanded,  All    tenants    in    common    may    unite    in 

may  be  joined  as  plaintiffs,  the  converse  of  prosecuting  an  action  for  possession  of  the 

the  proposition  is  also  true,  that  none  can  common  property  so  one  tenant  in  common 

be    united    who    have    not     such    interest.  may  sue  for  his   share.     Bullion   M.   Co.   v. 

McBeth  v.  Van  Sickle,  6  Nev.  134,  135.  Croesus  G.  &  S.  M.  Co.,  2  Nev.  169  (89  A.  D. 

See   Mandelbaum   v.   Gregovich,   24   Nev.  526). 


1451  CIVIL  PRACTICE  Sec.  5002 

4999.  Who  may  be  joined  as  defendants. 

SEC.  57.  Any  person  may  be  made  a  defendant,  who  has  or  claims  an 
interest  in  the  controversy  adverse  to  the  plaintiff,  or  who  is  a  necessary 
party  to  a  complete  determination  or  settlement  of  the  question  involved 
therein. 

Kerr,  0.  ('.  \\.:\7U. 

Executors  not  qualifying  need  not  be  joined,  sec.  W'27. 

In  an  action  to  dissolve  a  copartnership  defendant,  or  the  property  of  the  partner- 
where  one  of  the  questions  involved  in  a  ship,  the  wife  of  the  defendant  is  a  neces- 
suit  is  whether  the  property  described  in  sary  party  to  the  action.  Ehodes  v.  Wil- 
l-lie complaint  is  the  homestead  of  the  Hams,  12  Nev.  20,  27. 

5000.  Persons  claiming  under  common  title. 

SEC.  58.  Any  two  or  more  persons  claiming  any  estate  or  interest  in 
lands  under  a  common  source  of  title,  whether  holding  as  tenants  in  com- 
mon, joint  tenants,  coparceners  or  in  severalty,  may  unite  in  an  action 
against  any  person  claiming  an  adverse  estate  or  interest  therein  for  the 
purpose  of  determining  such  adverse  claim,  or  of  establishing  such  common 
source  of  title,  or  of  declaring  the  same  to  be  held  in  trust,  or  of  removing 
a  cloud  upon  the  same. 

Kerr.C.C.  1'.,:wi. 

5001.  Parties  in  interest,  when  to  be  joined— \\lien  one  or  more  may  sue 

or  defend  for  all. 

SEC.  59.  Of  the  parties  to  the  action,  those  who  are  united  in  interest 
shall  be  joined  as  plaintiffs  or  defendants;  but  if  the  consent  of  any  one, 
who  should  have  been  joined  as  plaintiff,  cannot  be  obtained,  he  may  be 
made  a  defendant,  the  reason  thereof  being  stated  in  the  complaint;  and 
when  the  question  is  one  of  a  common  or  general  interest,  of  many  persons, 
or  when  the  parties  are  numerous,  and  it  is  impracticable  to  bring  them  all 
before  the  court,  one  or  more  may  sue  or  defend  for  the  benefit  of  all.  Ten- 
ants in  common,  joint  tenants,  or  coparceners,  or  any  number  less  than  all, 
may  jointly  or  severally  bring  or  defend  or  continue  the  prosecution  or 
defense  of  any  action  for  the  enforcement  of  the  rights  of  such  person  or 
persons. 

Kerr,  C.  C.  P.,382,  :JS4. 

cited.  Smith  v.  Shrieves,  13  Nev.  326.  The   creditor   who   commences   the   action 

A  Miit  was  broughtxbya  minor  in  the  name  in  behalf  of  himself,  and  all  others  who  may 

<>r  his  mother  and  guardian.     At  the  time  of  c6me   in    and    establish    their    debts,    is    not 

the  trial,  the  minor  had  attained  his  major-  required  to  give  notice  to  the  other  creditors 

ity.  and  upon  his  motion  he  was  joined  with  or  to  get  their  consent  to  the  bringing  of  the 

his  mother  as  a  party  plaintiff:    Held,  error;  suit.     Thompson  v.   Lake,  19  Nev.  104,  117 

that  it  would  have  been  proper  to  substitute  (3  A.  S.  797,  7  P.  68). 

him   as  the  sole  plaintiff  in   her  place,  but  It  was  the  intention  of  the  legislature  by 

having    no    joint    interest    in    the    cause    of  this  section  to  make  the  equity  rule  as  to 

action,  they  could  not  be  united  as  plaintiffs.  joinder  of  parties  available  in  an  action  at 

Eicord  v.  C.  P.  K.  E.  Co.,  15  Nev.  167,  175.  law.     In  an  action   against  voluntary  asso- 

Where  there  are  many  persons  having  a  ciations,  it  is  proper  to  sue  the  associations 

common  interest,  one  or  more  may  sue  for  as  such  and  join  a  few  natural  persons,  mem- 

the  benefit   of  all,  and  those  who  come  in  bers  of  the  association,  to  represent  all  the 

and    establish   their   claims   share   with   the  members.     Branson  v.  I.  W.  W.,  30  Nev.  270, 

plaintiff  in  the  benefits  of  the  decree.  290  (95  P.  354). 

5002.  Plaintiff  may  sue  in  one  action  the  different  parties  to  commercial 

paper— Insurers  of  property. 

SEC.  60.  Persons  severally  liable  on  the  same  obligation  or  instrument, 
including  the  parties  to  bills  of  exchange  and  promissory  notes,  and  sureties 
on  the  same  or  separate  instruments,  may  all  or  any  of  them  be  included 
in  the  same  action,  at  the  option  of  the  plaintiff;  and  all  or  any  of  them 
join  as  plaintiffs  in  the  same  action,  concerning  or  affecting  the  obligation 


Sec.  5003  CIVIL  PRACTICE  1452 

or  instrument  upon  which  they  are  severally  liable.  Where  the  same  per- 
son is  insured  by  two  or  more  insurers  separately  in  respect  to  the  same 
subject  and  interest,  such  person,  or  the  payee  under  the  policies,  or  the 
assignee  of  the  cause  of  action,  or  other  successor  in  interest  of  such 
assured  or  payee,  may  join  all  or  any  of  such  insurers  in  a  single  action  for 
the  recovery  of  a  loss  under  the  several  policies,  and  in  case  of  judgment 
a  several  judgment  must  be  rendered  against  each  of  such  insurers  accord- 
ing as  his  liability  shall  appear. 

Kerr,  C.C.P.,383. 

This  section  authorizes  tne  joinder  of  a  The  release  of  one  joint  debtor  operates  to 

guarantor  and  an  original  obligor  in  the  release  his  portion  of  the  debt.  Hoppin  v. 
same  action.  Van  Doren  v.  Tjader,  1  Nev.  First  Nat.  Bank,  25  Nev.  84,  92. 

387. 

5003.  Defendants  may  be  sued  in  name  designated  in  contract— Judgment, 

how  entered. 

SEC.  61.  In  all  actions  brought  on  contract,  the  defendants  may  be  sued 
by  the  name  or  style  under  which  the  contract  was  made,  and  upon  its  being 
shown  on  the  trial  who  are  the  persons  of  whom  the  name  or  style  are 
descriptive,  judgment  may  be  rendered  against  them. 

5004.  Action  not  to  abate  by  death  or  transfer— Substitution. 

SEC.  62.  An  action  shall  not  abate  by  the  death  or  other  disability,  of  a 
party,  or  by  the  transfer  of  any  interest  therein,  if  the  cause  of  action 
survive  or  continue.  In  case  of  the  death  or  disability  of  a  party,  the 
court,  on  motion,  may  allow  the  action  to  be  continued  by  or  against  his 
representative  or  successor  in  interest.  In  case  of  any  other  transfer  of 
interest,  the  action  may  be  continued  in  the  name  of  the  original  party,  or 
the  court  may  allow  the  person  to  whom  the  transfer  is  made  to  be  substi- 
tuted in  the  action.  After  verdict  shall  have  been  rendered  in  any  action 
for  a  wrong,  such  action  shall  not  abate  by  the  death  of  any  party,  but  the 
case  shall  proceed  thereafter  in  the  same  manner  as  in  cases  where  the 
cause  of  action  now  survives  by  law. 

Kerr,  C.C.P.,385. 

See  sec.  6032. 

Dissolved  corporation  may  be  party  for  certain  purposes,  sees.  1191,  1194. 

Under  this  section,  where  a  person  is  sub-  conflict  with  this  section,  the  two  agreeing 

situated  as  plaintiff,  he  does  not  come  in  as  and  allowing  the  substitution  of  the  repre- 

a  new  party,  as  under  the  old  chancery  prac-  sentative    of    a    deceased    litigant,    but    the 

tice,  but  he  takes  the  place  of  the  original  statute  going  further  and  directing  that  the 

plaintiff,   who   ceases  to   be  a   party  to   the  action  may  be  continued  by  or  against   his 

suit.     Virgin  v.  Brubaker,  4  Nev.  32,  38,  39.  successor  in  interest  or  the  person  to  whom 

Under  this  section  it  Is  proper  to  substi-  he  has  transferred  his  interest, 

tute    a    minor    for    whom    a    suit    had    been  Where  there  is  a  conflict  between  a  statute 

brought  by  guardian  as  the  sole  plaintiff  in  and  a   supreme   court  rule,  the  former   will 

place  of  the  guardian.     Kicord  v.  C.  P.  K.  E.  control.     Twaddle  v.  Winters,  29  Nev.  8! ».  !»o. 

Co.,  15  Nev.  175.  107  (85  P.  280). 

Held,  that  supreme  court  rule  9  is  not  in 

5005.  Another  person  may  be  substituted  for  the  defendant,  when— 

Deposit  of  money  or  delivery  of  property— Conflicting*  claimants 
must  interplead. 

SEC.  63.  A  defendant  against  whom  an  action  is  pending  upon  a  con- 
tract, or  for  specific  personal  property,  may,  at  any  time  before  answer, 
upon  affidavit  that  a  person  not  a  party  to  the  action  makes  against  him, 
and  without  any  collusion  with  him,  a  demand  upon  such  contract,  or  for 
such  property,  upon  notice  to  such  person  and  the  adverse  party,  apply  to 
the  court  for  an  order  to  substitute  such  person  in  his  place,  and  discharge 
him  from  liability  to  either  party,  on  his  depositing  in  court  the  amount 
claimed  on  the  contract,  or  delivering  the  property,  or  its  value,  to  such 
person  as  the  court  may  direct ;  and  the  court  may,  in  its  discretion,  make 


1453  CIVIL  PRACTICE  Sec.  5007 

the  order.  And  whenever  conflicting  claims  are  or  may  be  made  upon  a 
person  for  or  relating  to  personal  property  or  the  performance  of  an  obli- 
gation or  any  portion  thereof,  such  person  may  bring  an  action  against  the 
conflicting  claimants  to  compel  them  to  interplead  and  litigate  their  several 
claims  among  themselves.  The  order  of  substitution  may  be  made,  and 
applicant  or  plaintiff  be  discharged  from  liability  to  all  or  any  of  the  con- 
flicting claimants,  although  their  titles  or  claims  have  not  a  common  origin, 
or  are  not  identical,  but  are  adverse  to  and  independent  of  one  another. 

Kerr,  C.  C.  P.,38<>. 

5006.  Intervention,  when  it  takes  place,  and  how  made— Costs. 

SEC.  64.  Any  person  may,  before  the  trial,  intervene  in  an  action  or  pro- 
ceeding, who  has  an  interest  in  the  matter  in  litigation,  in  the  success  of 
either  of  the  parties,  or  an  interest  against  both.  An  intervention  takes 
place  when  a  third  person  is  permitted  to  become  a  party  to  an  action  or 
proceeding  between  other  persons,  either  by  joining  the  plaintiff  in  claim- 
ing what  is  sought  by  the  complaint,  or  by  uniting  with  the  defendant  in 
resisting  the  claims  of  the  plaintiff,  or  by  demanding  anything  adversely  to 
both  the  plaintiff  and  the  defendant;  and  is  made  by  complaint,  setting 
forth  the  grounds  upon  which  the  intervention  rests,  filed  by  leave  of  the 
court  and  served  upon  the  parties  to  the  action  or  proceeding  who  have 
not  appeared,  and  upon  the  attorneys  of  the  parties  who  have  appeared, 
who  may  answer  or  demur  to  it  as  if  it  were  an  original  complaint.  The 
court  shall  determine  upon  the  intervention  at  the  same  time  that  the 
action  is  decided ;  if  the  claim  of  the  party  intervening  is  not  sustained  he 
shall  pay  all  costs  incurred  by  the  intervention. 

Kerr,  C.  C.  P.,  387. 

This  section  is  similar  in  part  to  section  tion   to  its  sufficiency  can  be  taken  at  anv 

.")!)!>.  Stats.  1869,  287,  which  has  had  the  fol-  time. 
lowing  Citations:  The  defendant  cannot  avail  itself  of  the 

To  entitle  a  person  to  intervene,  he  must  testimony    admitted    upon    the    issues    ]>!•• 

have  such  an  interest  in  the  matter  of  liti-  sen  ted  by  an  intervention  that  was  improp- 

Ljation  that  he  would  either  gain  or  lose  by  erly  allowed  by  the  court.  Harlan  v.  Eureka 

ilir  direct  legal  operation  and  effect  of  the  M.  Co.,  10  Nev.  92,  94. 

.judgment,    which    might  be  rendered   in   the  A  corporation  of  which  the  district  judge 

suit  between  the  original  parties.  was    a    stockholder    brought    mandamus    to 

Where  there  is  no  statement  of  any  fact  compel  him  to  pass  upon  a  claim  against  an 
which  entitles  petitioner  to  interevene,  the  insolvent  estate:  Held,  that  another  claim- 
petition  must  be  treated  the  same  as  a  com-  ant  had  sufficient  interest  to  intervene  by 
plaint  which  fails  to  state  facts  sufficient  to  asking  that  he  be  compelled  to  call  another 
constitute  a  cause  of  action;  hence,  an  objec-  judge.  State  ex  rel.  B.  &  E.  Bank  v.  Mack, 

26  Xev.  430,  441  (69  P.  862). 

5007.  Associates  may  be  sued  by  name  of  association— Summons,  how 

served— Judgment  binding. 

SEC.  65.  When  two  or  more  persons,  associated  in  any  business,  transact 
such  business  under  a  common  name,  whether  it  comprise  the  names  of 
such  persons  or  not,  the  associates  may  be  sued  by  such  common  name,  the 
summons  in  such  cases  being  served  on  one  or  more  of  the  associates ;  and 
the  judgment  in  the  action  shall  bind  the  joint  property  of  all  the  asso- 
ciates, in  the  same  manner  as  if  all  had  been  made  defendants,  and  had 
been  sued  upon  their  joint  liability. 

Kerr,  C.C.P.,388. 

When  a  company  is  sued  by  its  firm  name,  cannot     prosecute     an     action     under     such 

and  on  the  trial  it  is  proved  who  composed  copartnership  or  associate  name.  Proprietors 

that   company,   judgment   may   not   only   go  v.  Y.  J.  S.  M.  Co.,  4  Nev.  40,  42. 
against   the   company   property  but   against  An  action  cannot  be  maintained  in  a  name 

the    individuals    composing    the     company.  as  plaintiff  which  is  neither  that  of  a  natural 

(iillig  v.  Lake  Bigler  E.  Co.,  2  Nev.  214,  226.  person,  nor  of  such  an  artificial  person  as  is 

The  "proprietors  of  the  Mexican  Mill,"  a  recognized  by  the  law  as  capable  of  suing, 

copartnership  or  unincorporated  association,  A   proceeding  commenced   in   such   a   name, 

92 


Sec.  5008  CIVIL  PRACTICE  1454 

there  being  no  plaintiff,  is  not  an  action,  but  against  "Irving  McKay  &  Co.";  the  sum- 

a  mere  nullity,  and  may  be  dismissed  at  any  mons  was  returned  served  on  "the  defend- 

time.  Idem.  ants/'  and  the  judgment  was  entered  by 

This  section  is  similar  in  part  to  section  default:  Held,  that  the  complaint  and  suni- 

.")H7.  Stats.  1869,  p.  287,  which  has  had  the  mons  were  sufficient  to  sustain  the  judgment, 

following  citation:  Martin  v.  District  Court,  13  Nev.  85,  89. 

An  account  was  filed  in  the  justice's  court 

5008.  Court  may  decide  controversy  or  order  other  parties  brought  in. 

SEC.  66.  The  court  may  determine  any  controversy  between  parties 
before  it,  when  it  can  be  done  without  prejudice  to  the  rights  of  others,  or 
by  saving  their  rights ;  but  when  a  complete  determination  of  the  contro- 
versy cannot  be  had  without  the  presence  of  other  parties,  the  court  must 
then  order  them  to  be  brought  in,  and  thereupon  the  party  directed  by  the 
court  shall  serve  a  copy  of  the  summons  in  the  action,  and  the  order  afore- 
said in  like  manner  of  service  of  the  original  summons,  upon  each  of  the 
parties  ordered  to  be  brought  in,  who  shall  have  ten  days,  or  such  time  as  the 
court  may  order,  after  service,  in  which  to  appear  and  plead ;  and  in  case 
such  party  fail  to  appear  and  plead  within  the  time  aforesaid,  the  court  may 
cause  his  default  to  be  entered,  and  proceed  as  in  other  cases  of  default,  or 
may  make  such  other  order  as  the  condition  of  the  action  and  justice  shall 
require.  And  when,  in  an  action  for  the  recovery  of  real  or  personal  prop- 
erty, a  person,  not  a  party  to  the  action,  but  having  an  interest  in  the  subject 
thereof,  makes  application  to  the  court  to  be  made  a  party,  it  may  order 
him  to  be  brought  in,  by  the  proper  amendment. 

Kerr,  C.  C.P.,389. 

The  provision  in  above  section  as  to  bring-  the  ground  of  defect  of  parties  was  waived, 

ing  in  of  other  parties  is  not   a   matter  of  is  not  tenable.     Robinson  v.  Kind,  23  Nev. 

discretion   but   of  judicial   duty   and   if  the  330,  338  (47  P.  1). 

parties   to   the   record   neglect   to    raise   the  All    parties    materially    interested    either 

question,  the  court,  upon  its  own  motion,  will  legally  or  equitably  in  the  subject-matter  of 

supply  the   omission;    hence,  the  contention  the   suit   must   be   made   parties   when  their 

that  by  Answering  the  complaint  and  going  rights  will  be  affected  by  the  final  decree, 

to   trial,   the   demurrer   of   defendants  upon  Bliss  v.  Grayson,  24  Nev.  422,  451  (56  P.  231). 

5009.  Unknown  heirs  to  real  property  may  be  made  parties. 

SEC.  67.  In  any  action  in  which  the  title  to  real  property  situate  in  this 
state  is  involved  and  in  which  the  heir  or  heirs,  or  any  thereof,  of  a  deceased 
person  may  be  necessary  or  proper  party  or  parties  defendant  and  the 
name  or  names  and  place  or  places  of  residence  of  which  heir  or  heirs  are 
unknown  to  the  plaintiff  or  plaintiffs,  such  heir  or  heirs  may  be  made  a 
party  or  parties  defendant  by  being  described  in  the  complaint  and  sum- 
mons as  the  unknown  heir  or  heirs  of  such  deceased  person,  giving  the 
name  and  last  place  of  residence  of  such  deceased  person,  with  any  further 
description  that  may  be  necessary  to  reasonably  identify  him. 

5010.  Idem— Allegations  and  proof  that  names  and  residences  of  heirs 

are  unknown. 

SEC.  68.  In  any  such  action  the  plaintiff,  or  plaintiffs,  shall  allege,  in 
the  complaint,  and  prove  at  the  trial,  that  diligent  search  and  inquiry  have 
been  made  by  or  in  behalf  of  the  plaintiff,  or  plaintiffs,  to  ascertain  the 
name,  or  names,  and  place,  or  places,  of  residence  of  such  heir,  or  heirs, 
without  success,  and  that  the  same  are  and  remain  unknown  to  the  plain- 
tiff or  plaintiffs. 

CHAPTER  7 

PLACE  OF  TRIAL 

5011.  Actions    affecting   realty    tried    where       5014.  Residence  of  parties  determines  place 

subject  situated.  of  trial — Change  of  place. 

5012.  Action  tried  where  cause  arose.  5015.  Change  of  venue — Grounds. 

5013.  Actions   against   or   between   counties, 

how   brought — Papers    delivered   to 
district  attornev. 


1455  CIVIL  PRACTICE  Sec,  5014 

5011.  Actions  affecting  realty  tried  where  subject  situated. 

SEC.  69.  Actions  for  the  following  causes  shall  be  tried  in  the  county  in 
which  the  subject  of  the  action,  or  some  part  thereof,  is  situated,  subject  to 
the  power  of  the  court  to  change  the  place  of  trial,  as  provided  in  this  act : 

1.  For  the  recovery  of  real  property,  or  an  estate,  or  interest  therein,  or 
for  the  determination  in  any  form  of  such  right  or  interest,  and  for  injuries 
to  real  property. 

2.  For  the  partition  of  real  property. 

3.  For  the  foreclosure  of  all  liens  and  mortgages  on  real  property.    Where 
the  real  property  is  situated  partly  in  one  county  and  partly  in  another  the 
plaintiff  may  select  either  of  the  counties,  and  the  county  so  selected  is  the 
proper  county  for  the  trial  of  such  action ;  provided,  that  in  the  case  men- 
tioned in  this  subdivision  if  the  plaintiff  prays  in  his  complaint  for  an 
injunction  pending  the  action,  or  applies  pending  the  action  for  an  injunc- 
tion, the  proper  county  for  the  trial  shall  be  the  county  in  which  the  defend- 
ant resides  or  a  majority  of  the  defendants  reside  at  the  commencement  of 
the  action. 

Kerr,  C.  C.  P.,  :;«.»•_'. 

This  section  is  similar  in  parts  to  sec.  18,  actions  to  recover  delinquent  taxes.     State 

stats.    18(51),  p.  198,  which  has  had  the  fol-  v.  Shaw,  21  Nev.  222  (29  P.  321). 
lowing  citations:  An   action  to  cancel  a   deed  of  real  and 

AJQ  order  changing  the  place  of  trial  iff  not  personal    property    located    in    part    in    the 

appealable    but    is    properly   brought   before  county  in  which  the  action  is  brought,  is  an 

the  court    on    an    appeal    from   the  judgment  action,     in     part,    within    this    section,    and 

a>  an  intermediate  order  involving  the  merits  being    substantially    a    proceeding    in    rem, 

ami  necessarily  affecting  the  judgment.  may   be   pursued   against   a   nonresident   by 

The  provisions  of  the  practice  act  govern-  publication.     Eobinson  v.  Kind,  23  Nev.  330 

in^  the  place  of  trial  are  not  applicable  to  341  (47  P.  1). 

5012.  Action  tried  where  cause  arose. 

SEC.  70.  Actions  for  the  following  causes  shall  be  tried  in  the  county 
where  the  cause,  or  some  part  thereof,  arose,  subject  to  the  like  power  of 
the  court  to  change  the  place  of  trial : 

1.  For  the  recovery  of  a  penalty  or  forfeiture  imposed  by  statute ;  except, 
that  when  it  is  imposed  for  an  offense  committed  on  a  lake,  river,  or  other 
stream  of  water,  situated  in  two  or  more  counties,  the  action  may  be 
brought  in  any  county  bordering  on  such  lake,  river,  or  stream,  and 
opposite  to  the  place  where  the  offense  was  committed. 

.  Against  a  public  officer,  or  person  especially  appointed  to  execute  his 
duties,  for  an  act  done  by  him  in  virtue  of  his  office,  or  against  a  person 
who,  by  his  command,  or  in  his  aid,  does  anything  touching  the  duties 
of  such  officer. 

Kerr,  C.  C.  P.,  393. 

5013.  Actions  against  or  between  counties,  how  brought— Papers  deliv- 

ered to  district  attorney. 

SEC.  71.  Actions  against  a  county  may  be  commenced  in  the  district 
court  of  the  j  udicial  district  embracing  said  county ;  provided,  that  actions 
between  comities  shall  be  commenced  in  a  court  of  competent  jurisdiction 
in  any  county  not  a  party  to  the  action.  Immediately  on  the  service  of 
process,  it  shall  be  the  duty  of  the  officer  served  to  deliver  such  process, 
and  all  papers  accompanying  such  service  to  the  district  attorney  for  such 
county.  Actions  brought  for  or  against  the  county  shall  be  in  the  name  of 
such  county. 

Kerr,  C.  C.  P.,  394,  411,  subd.  5. 

5014.  Residence  of  parties  determines  place  of  trial— Change  of  place. 

SEC.  72.  In  all  other  cases,  the  action  shall  be  tried  in  the  county  in 
which  the  defendants,  or  any  one  of  them,  may  reside  at  the  commencement 


Sec.  5015 


CIVIL  PRACTICE 


1456 


of  the  action ;  or,  if  none  of  the  defendants  reside  in  the  state,  or  if  residing 
in  the  state,  the  county  in  which  they  so  reside  be  unknown  to  the  plaintiff, 
the  same  may  be  tried  in  any  county  which  the  plaintiff  may  designate  in 
his  complaint ;  and  if  any  defendant,  or  defendants,  may  be  about  to  depart 
from  the  state,  such  action  may  be  tried  in  any  county  where  either  of  the 
parties  may  reside  or  service  be  had,  subject,  however,  to  the  power  of  the 
court  to  change  the  place  of  trial,  as  provided  in  this  act. 

Kerr,  C.  C.P.,395. 


counter  affidavits  and  contests  an  effort  to 
retain  a  cause  on  the  ground  of  convenience 
of  witnesses,  will  not  amount  to  any  waiver 
of  his  right. 

The  legal  presumption  of  a  waiver  of  auy 
right  by  a  litigant  will  not  be  drawn  except 
in  a  clear  case,  and  especially  not  when 
to  allow  such  a  presumption  would  be  to 
deprive  a  party  of  his  day  in  court. 

Where  a  defendant  in  a  proper  case  moves 
to  change  the  place  of  trial  to  the  county  of 
his  residence,  the  court  is  by  force  of  his 
motion  ousted  of  all  jurisdiction  in  the 
cause,  except  to  decide  upon  the  proposition 
of  his  residence  at  the  time  of  the  commence- 
ment of  the  action,  and  to  transfer  the  case. 
Williams  v.  Keller,  6  Nev.  141,  144. 

See  State  v.  Shaw,  21  Nev.  222,  224  (29 
P.  321), -under  sec.  69  of  this  act. 


As  a  general  rule,  the  matter  of  change  of 
place  of  trial  is  within  the  discretion  of  the 
court;  but  when  the  motion  to  change  is 
made  on  the  ground  of  the  residence  of 
defendant,  there  is  no  room  for  the  exercise 
of  discretion. 

A  defendant  who  comes  within  purview 
of  this  section  is  entitled,  as  a  matter  of 
right,  to  have  an  action  against  him  tried  in 
the  county  of  his  residence;  the  statute  is 
peremptory. 

There  cannot  properly  be  any  such  prac- 
tice as  an  affirmative  motion  to  retain  a 
cause  for  trial;  everything  usually  called  so 
is  only  a  matter  of  defense  to  a  motion  for 
a  change. 

Where  a  defendant  in  a  proper  case  moves 
to  change  the  place  of  trial  to  the  county  of 
his  residence,  he  has  an  absolute  right  to 
such  change;  and  the  mere  fact  that  he  files 

5015.    Change  of  venue— Grounds. 

SEC.  73.  If  the  county  designated  for  that  purpose  in  the  complaint  be 
not  the  proper  county,  the  action  may,  notwithstanding,  be  tried  therein, 
unless  the  defendant  before  the  time  for  answering  expires  demand  in 
writing  that  the  trial  be  had  in  the  proper  county,  and  the  place  of  trial  be 
thereupon  changed  by  consent  of  the  parties>  or  by  order  of  the  court,  as 
provided  in  this  section.  The  court  may,  on  motion,  change  the  place  of 
trial  in  the  following  cases : 

1.  When  the  county  designated  in  the  complaint  is  not  the  proper  county. 

2.  When  there  is  reason  to  believe  that  an  impartial  trial  cannot  be  had 
therein. 

3.  When  the  convenience  of  the  witnesses  and  the  ends  of  justice  would 
be  promoted  by  the  change.    When  the  place  of  trial  is  changed,  all  other 
proceedings  shall  be  had  in  the  county  to  which  the  place  of  trial  is  changed ; 
unless  otherwise  provided  by  the  consent  of  the  parties  in  writing  duly  filed, 
or  by  order  of  the  court,  and  the  papers  shall  be  filed,  or  transferred, 
accordingly. 

Kerr,  C.  C.  P.,  396,  397. 

This  section  is  in  part  similiar'  to  sec.  21, 
Stats.  1869,  p.  199,  which  has  had  the  fol- 
lowing citations: 

See  Williams  v.  Keller,  6  Nev.  144,  under 
last  preceding  section. 

An  action  against  a  county  is  a  civil  suit; 
and  in  the  absence  of  any  special  provision 
or  statute  to  the  contrary  it  is  governed  by 
the  same  rules  of  practice  applicable  to 
other  civil  suits  in  reference  to  jurisdiction 
and  change  of  venue. 

Where  a  county  is  sued  in  a  judicial  dis- 
trict of  which  it  did  not  form  a  part,  but 


it  appeared  and  answered  without  present- 
ing any  objection  to  the  jurisdiction:  Held, 
that  it  thereby  waived  its  right  to  a  change 
of  venue  and  trial  in  its  own  judicial  dis- 


trict.      Clarke  v.  Lyon  Co.,  8  Nev.  182,  186. 

Defendants,  residents  of  Eureka  County, 
were  sued,  in  an  action  for  debt,  in  Lincoln 
County.  Held,  that  the  court  had  no  author- 
ity to  change  the  venue  because  no  demand 
in  writing  was  made  therefor,  as  contem- 
plated by  this  section.  Elam  v.  Griffin.  19 
Nev.  442,  443  (14  P.  582). 

The  district  court  of  one  county  has  no 
power  to  make  an  order  that  an  action  pend- 
ing in  the  court  of  another  county  shall  be 
transferred  to  the  first-named  court.  Such 
an  order  is  void,  and  gives  the  court  no 
jurisdiction  of  the  action.  Ex  Parte  Gard- 
ner, 22  Nev.  280,  284  (39  P.  570). 

Mandamus  will  issue  to  compel  a  judge 
who  was  of  counsel  in  an  action  previous  to 


1457 


CIVIL  PRACTICE 


Sec.  5016 


his  appointment  as  judge  to  change  the 
place  of  trial  of  such  action  to  some  other 
judicial  district  although  no  motion  for  that 
purpose  was  ever  made  in  open  court,  where 
the  application  for  the  change,  signed  by 
petitioner's  attorneys,  was  presented  to  the 
judge,  the  originals  later  being  properly 
liled,  and  the  motion  for  removal  was  inform- 
ally made,  and  a  list  of  authorities  forwarded 
tn  him,  he  being  engaged  in  judicial  duties 
in  another  county,  and,  from  his  reasons  for 
ift'iisal.  it  was  evident  that  he  would  not 
have  granted  the  motion,  had  it  been  form- 
all  v  made.  (Talbot,  J.,  dissenting.)  Gamble 
v.  'District  Court,  27  Nev.  233,  247,  248  (74 
1'.  .->:«)). 

This  section  is  similar  to  section  21  of 
the  old  practice  act,  which  has  had  the  fol- 
lowing citations: 

Affidavits  which  do  not  show  that  a  fair 
and  impartial  trial  cannot  be  had  in  the 


county  where  an  action  is  brought,  are  not 
sufficient,  under  this  section,  to  entitle  a 
1  art\  to  a  change  of  venue.  Hale  &  N.  G. 
\  s.  M.  Co,  v.  Bajazette  and  G.  E.  G.  &  S.  M. 
Co.,  1  Nev.  322,  323. 

An  application  for  a  change  of  venue  to 
suit  the  convenience  of  witnesses  should  not 
be  denied  because  the  application  was  not 
made  until  after  the  answer  was  filed  and 
the  cause  set  for  trial.  Nor  is  it  necessary 
that  the  answer  should  make  any  allusion  to 
the  facts  on  which  such  application  is  based. 

The  fact  that  the  case  had  been  set  down 
for  trial  on  a  certain  day  should  not  inter- 
fere with  an  application  for  change  of  venue 
to  suit  the  convenience  of  witnesses,  unless 
there  had  been  delay  in  making  the  applica- 
lion,  or  the  parties  had  already  prepared  for 
the  trial  by  subpenaing  witnesses,  etc. 
Sheckles  v.  Shetfkles,  3  Nev.  404,  407. 


CHAPTER  8 

MANNER  OF  COMMENCING  ACTION 


5029. 
5030. 
5031. 


5032. 
5033. 
5034. 


When  service  made  by  publication. 

Idem — Order,  mailing  copies,  personal 
service,  when  complete. 

Service  by  publication  on  unknown 
heirs. 

Idem  —  Affidavit  showing  want  of 
knowledge  before  judgment  entered. 

Service  by  publication  on  unknown 
parties  generally. 

Summons  served  on  part  of  several 
defendants  jointly  or  severally  lia- 
ble. 

Proof  of  service,  how  made. 

Idem — Affidavit. 

Jurisdiction,  when  acquired. 


.."10.  Actions,  how  commenced. 

•~i"17.  Complaint  and  summons,  manner  of 
filing  and  issuing — Alias  summons. 

.".Mis.  Summons,  what  shall  state. 

5019.  Idem — Answer,  time  allowed  for. 

"mjii.  Idem — Notice  of  claim  to  be  inserted 
in. 

•~>"L'l.  Actions  aH'ecting  real  property — Lis 
pendens. 

"HL'L'.  Summons,  by  whom  served,  proof  of, 
return. 

"•"I'."..  Summons,  how  served. 

""L'4.  Foreign  corporation  to  appoint  resi- 
dent agent  upon  whom  process  may 
be  served — Secretary  of  state. 

.~"L'.~>.  Idem — When  no  agent,  service  on  sec- 
retary of  state  or  deputy. 

5016.    Actions,  lion  commenced. 

SEC.  74.  Civil  action  in  the  district  courts  shall  be  commenced  by  the 
filing  of  a  complaint  with  the  clerk  of  the  court,  and  the  issuance  of  a  sum- 
mons thereon  and  the  placing  of  the  same  in  the  hands  of  the  sheriff  of 
the  county,  or  other  person  authorized  to  serve  the  same;  provided,  that 
after  the  filing  of  the  complaint  a  defendant  in  the  action  may  appear, 
answer,  or  demur,  whether  the  summons  has  been  issued  or  not,  and  such 
appearance,  answer,  or  demurrer  shall  be  deemed  a  waiver  of  summons. 

Kerr,  C.C.P.,405. 

personal.    Robinson  v.  Imp.  S.  M.  Co.,  5  Nev. 
44,  75. 

This  section  is  largely  similar  to  sec.  22, 
Stats.  1869,  p.  199,  which  has  had  the  fol- 
lowing citations: 

Cited,  Marshall  v.  Golden  Fleece  M.  Co., 
36  Nev.  176. 

Defendant,  by  demurring  and  answering, 
waives  the  issuance  of  summons.  Iowa  M. 


The  limitation  within  which  adverse  action 
on  application  for  patent  for  mining  claim 
must  be  commenced  is  fixed  by  the  federal 
statute,  but  the  question  as  to  what  con- 
stitutes the  commencement  of  an  action  is 
determined  by  this  section.  Harris  v.  Helena 
<;.  M.  Co.,  29 "Nev.  506,  513  (92  P.  1). 

Where  the  complaint  was  filed  within  the 
thirty  days,  the  filing  by  defendant  of  a 
general  demurrer  after  the  thirty  days,  was 
a  waiver  of  the  issuance  of  the  summons 
under  this  section.  Idem. 

Section  20  of  the  act  of  1861,  26,  provid- 
ing when  an  action  shall  be  deemed  to  be 
commenced,  so  as  to  take  it  out  of  the 
statutes,  applies  to  all  actions,  both  real  and 


Co.  v.  Bonanza  M.  Co.,  16  Nev.  64;  Rose  v. 
Richmond  M.  Co.,  17  Nev.  54  (37  P.  1105, 
affirmed,  114  U.  S.  576). 

Cited,  Sweeney  v.  Schultes,  19  Nev.  57  (6 
P.  44). 

Where,  in  an  action  under  Rev.  Stats. 
U.  S.  2326  (U.  S.  Comp.  Stats.  1901,  p.  1430), 


Sec.  5017  CIVIL  PRACTICE  1458 

providing  that   an   adverse   action   must   be  of  summons  under  this  section,  and  had  the 

commenced    within    thirty    days    after    the  effect    of   the   issuance   of   summons    on   the 

filing   of  th-e   adverse   claim,   the   complaint  day  the  complaint  was  filed,  conferring  on 

was  filed  within  thirty  days,   the  filing  by  the  court  jurisdiction  of  the  subject-matter 

defendants  of  a  general  demurrer  after  the  and  the  parties.     Harris  v.  Helena  G.  M.  Co., 

thirty   days   was   a   waiver   of   the   issuance  29  Nev.  506,  513,  515,  516  (92  P.  1). 

5017.  Complaint  and  summons,  manner  of  filing  and  issuing— Alias 

summons. 

SEC.  75.  The  clerk  must  indorse  on  the  complaint  the  day,  month,  and 
year  the  same  is  filed,  and  at  any  time  within  one  year  after  the  filing  of 
the  same  the  plaintiff  may  cause  to  be  issued  a  summons  thereon.  The 
summons  shall  be  issued  and  signed  by  the  attorney  of  the  plaintiff,  or  by 
the  clerk,  and  when  issued  by  the  clerk  shall  be  issued  under  the  seal  of  the 
court.  If  the  summons  is  returned  without  being  served  on  any  or  all  of 
the  defendants,  or  if  it  has  been  lost,  the  clerk,  upon  the  demand  of  the 
plaintiff,  may  issue  an  alias  summons  in  the  same  form  as  the  original. 

Kerr,  C.C.P.,406,  408. 

5018.  Summons,  what  shall  state. 

SEC.  76.  The  summons  shall  state  the  parties  to  the  action,  the  court 
in  which  it  is  brought,  the  county  in  which  the  complaint  is  filed,  the 
cause  and  general  nature  of  the  action,  and  require  the  defendant  to  appear 
and  answer  the  complaint  within  the  time  mentioned  in  the  next  section, 
after  the  service  of  summons,  exclusive  of  the  day  of  service;  or  that  judg- 
ment by  default  will  be  taken  against  him,  according  to  the  prayer  of  the 
complaint,  briefly  stating  the  sum  of  money  or  other  relief  demanded  in 
the  complaint.  The  names  of  the  plaintiff's  attorneys  shall  be  indorsed 
upon  the  summons. 

Kerr,  C.  C.P.,407. 

Summons,  tax  suit,  sec.  3663. 

Cited,  Sweeney  v.  Schultes,  19  Nev.  57  (6  P.  44) ;  Sherwin  v.  Sherwin,  33  Nev.—  (Ill  P.  2SS) . 

5019.  Idem— Answer,  time  allowed  for. 

SEC.  77.  The  time  in  which  the  summons  shall  require  the  defendant  to 
answer  the  complaint  shall  be  as  follows : 

1.  If  the  defendant  is  served  within  the  county  in  which  the  action  is 
brought,  ten  days. 

2.  If  the  defendant  is  served  out  of  the  county,  but  in  the  district  in  which 
the  action  is  brought,  twenty  days. 

3.  In  all  other  cases,  forty  days. 

Kerr,  C.  C.P.,407. 

Where    a    plaintiff    might    proceed    under  twenty   days   a   default   will  be  taken,   this 

either    one    of    two    laws    prescribing    the  is  too  contradictory  and  uncertain  to  require 

method   of   serving  summons,   one   of  which  an  answer  within  the  shorter  period.     Kidd 

laws  would  require  the  defendant  to  answer  v.  Four-Twenty  M.  Co.,  3  Nev.  381,  383,  384. 
within    twenty    days,    and   the    other    forty,  The  courts  have  uniformly  held  that  the 

and  the  summons  were  so  contradictory  and  provisions  of  the  statute  in  regard  to  per- 

indefinite  as  not  to  show  under  which  law  sonal  service  and  published  notice  must  be 

the  plaintiff  was  proceeding,  the  defendant  strictly  complied  with,  or  the  court  is  with- 

would  not  be  bound  to  answer  within  twenty  out  jurisdiction  to  proceed, 
days,  and  no  default  could  legally  be  taken  Process,  except  in  particular  cases,  requir- 

until  after  the  expiration  of  forty  days.  ing   an   appearance  forthwith,   is   ordinarily 

When     the    first    clause    of    a    summons  void.     Golden    v.    District    Court,    31    Nev. 

requires  the  defendant  to  appear  and  answer  260  (101  P.  1021). 

within  forty  days,  and  the  concluding  clause  Cited,    Sherwin    v.    Sherwin,    33    Nev. — 

notifies  him  that  if  he  does  not  answer  in  (111  P.  288). 

5020.  Idem— Notice  of  claim  to  be  inserted  in. 

SEC.  78.  There  shall  also  be  inserted  in  the  summons  a  notice  in  sub- 
stance as  follows : 


1459  CIVIL  PRACTICE  Sec,  5022 

1.  In  an  action  arising  on  contract  for  the  recovery  only  of  money  or 
damages,  that  the  plaintiff  will  take  judgment  for  a  sum  specified  therein 
if  the  defendant  fail  to  answer  the  complaint. 

2.  In  other  actions,  that  if  the  defendant  fail  to  answer  the  complaint, 
the  plaintiff  will  apply  to  the  court  for  the  relief  demanded  therein. 

Kerr,  C.C.  P.,  407. 

The  distinction  made  in  above  section  of  The  omission  in  the  notice  in  the  sum- 
not  ire  required  in  different  cases  should  be  mons  of  the  amount  for  which  plaintiff  will 
observed  and  enforced  by  the  courts  as  take  judgment  on  failure  to  answer,  when 
•  -snitial  and  necessary.  a  certified  copy  of  the  complaint  served  with 

The   object   of  a   summons  is  to  put  the  the  summons  states  the  amount,  if  it  be  an 

defendant   upon  notice  of  a  demand   against  error,    is    not    one   affecting   any   substantial 

him,    and    to    bring    him    into    court    at    the  ri^lit,  and  the  court  should,  in  every  stage 

time  therein  specified.  of  the  proceedings,  disregard  it.      Iliirlev    v. 

If  the  defendant  makes  a  general  appear-  I'ollock,  i']    \e\.   IDS,  i'0l  (27  P.  895). 
a ncc    by    filing    a    demurrer   or   answer,   the  Where    the   notice    in    a    summons   in    an 

court    could    thereafter,    proceed    and    grant  action    on    a    promissory    note    is   that    upon 

any  relief  to  which  the  plaintiff  is  entitled,  failure    to    answer    the    complaint    plaintiff 

i-e^-ardless   of   the   error  in   the   form   of  the  will  "take  judgment  according  to 

notice   inserted   in  the  summons.  the  prayer  of  the  complaint,"  and  the  prayer 

Meld,  that  the  error  of  the  court  in  refus-  of  the  complaint  is  full  and  explicit,  this  is 
ing  to  set  aside  the  summons,  on  the  ground  sufficient  to  warrant  the  entering  of  defend- 
that  it  did  not  contain  the  notice  required  ant's  default  and  a  judgment  thereon. 

l»y    the    statute,    was    immaterial    and    harm-  Pre/.eau    v.    Sj ner,    L'l'    N'ev.    SS,    S)l  (35    P. 

less    ;md    must    he    disregarded.      Sweenev    v.  .~>14). 
Schultes.  1!»  N'ev.  .1:!,  54-57  (6  1'.  44). 

5021.  Actions  ;ittectiii;r  mil  proper! \  —  Lis  petitions. 

SEC.  79.  In  an  action  for  the  foreclosure  of  a  mortgage  upon  real  prop- 
erty, or  affecting  the  title  or  possession  of  real  property,  the  plaintiff,  at  the 
time  of  filing  the  complaint,  and  the  defendant,  at  the  time  of  filing  his 
answer,  when  affirmative  relief  is  claimed  in  such  answer,  or  at  any  time 
afterwards,  may  file  with  the  recorder  of  the  county  in  which  the  property, 
or  some  part  thereof,  is  situated,  a  notice  of  the  pendency  of  the  action, 
containing  the  names  of  the  parties,  the  object  of  the  action,  and  a  descrip- 
tion of  the  property,  in  that  county  affected  thereby,  and  the  defendant 
may  also  in  such  notice  state  the  nature  and  extent  of  the  relief  claimed  in 
the  answer.  From  the  time  of  filing,  only,  shall  the  pendency  of  the  action 
be  constructive  notice  to  a  purchaser  or  incumbrancer  of  the  property 
affected  thereby ;  and  in  case  of  the  foreclosure  of  such  mortgage  all  pur- 
chasers or  incumbrancers,  by  unrecorded  deed  or  other  instrument  in  writ- 
ing made  prior  to  the  filing  of  such  notice,  and  subsequent  to  the  date  of 
such  mortgage,  shall  be  deemed  and  held  purchasers  or  incumbrancers  sub- 
sequent to  the  filing  of  such  notice,  and  subject  thereto,  unless  they  can 
show  that  at  the  time  of  filing  the  notice  the  plaintiff  had  actual  notice  of 
such  purchase  or  incumbrance. 

Kerr,  C.C.  P.,  409. 

5022.  Summons,  by  whom  served,  proof  of,  return. 

SEC.  80.  The  summons  shall  be  served  by  the  sheriff  of  the  county  where 
the  defendant  is  found,  or  by  his  deputy,  or  by  any  citizen  of  the  United 
States  over  twenty-one  years  of  age ;  and,  except  as  hereinafter  provided,  a 
copy  of  the  complaint,  certified  by  the  clerk  or  the  plaintiff's  attorney,  shall 
be  served  with  the  summons.  When  the  summons  shall  be  served  by  the 
sheriff  or  his  deputy,  it  shall  be  returned  with  the  certificate  or  affidavit  of 
the  officer,  of  its  service,  and  of  the  service  of  a  copy  of  the  complaint,  to 
the  office  of  the  clerk  of  the  county  in  which  the  action  is  commenced. 
When  the  summons  is  served  by  any  other  person,  as  before  provided,  it 
shall  be  returned  to  the  office  of  the  clerk  of  the  county  in  which  the  action 
is  commenced,  with  the  affidavit  of  such  person  of  its  service,  and  of  the 
service  of  a  copy  of  the  complaint.  If  there  be  more  than  one  defendant  to  j 


Sec.  5023  CIVIL  PRACTICE  1460 

the  action  residing  within  the  county  in  which  the  action  is  brought,  a  copy 
of  the  complaint  need  be  served  only  on  one  of  such  defendants. 
Kerr,  C.C.P.,410. 

Where    service    of    a    summons    has    been  ice  was  an  absolute  nullity.     Mayenbaum  v. 

made,  and  the  demands  of  the  writ  satisfied,  Murphy,  5  Nev.  383,  387,  388. 
the    conclusive    presumption    of    the    law    is  Courts  could  acquire  jurisdiction  over  for- 

that  its  office  having  been  accomplished,  no  eign  corporations  doing  business  in  the  state 

person  pan  effectively  thereafter  use  it  for  bv  following  the  statutory  rules  for  the  serv- 

its  original  purpose.  ice    of    summons    by   publication,   where    no 

Where  a  summons  has  been  served  upon  agent  or  other  officer  was  found  in  the  state 

a    defendant   out  of  the  district  and  a^fter-  upon  whom  service  could  be  made.     Brooks 

wards  served  upon  him  in  the  district,  with  v.  Nickel  Syndicate,  24  Nev.  324(53  P.  527). 
the  intention  of  shortening  the  time  allowed  Cited,  Harris  v.  Helena  M.  Co.,  29  Nev. 

him  to  answer:  Held,  that  the  second  serv-  517  (92  P.  1);    Sherwin  v.  Sherwin,  33  Nev. 

— (Ill  P.  288). 

5023.    Summons,  how  served. 

SEC.  81.    The  summons  must  be  served  by  Delivering  a  copy  thereof 
attached  to  a  certified  copy  of  the  complaint  as  follows : 

1.  If  the  suit  is  against  a  corporation  formed  under  the  laws  of  this  state ; 
to  the  president  or  other  head  df  the  corporation,  secretary,  cashier,  or 
managing  agent  thereof. 

2.  If  the  suit  is  against  a  foreign  corporation,  or  a  nonresident  joint- 
stock  company  or  association,  doing  business  and  having  a  managing  or 
business  agent,  cashier,  or  secretary  within  this  state;  to  such  agent, 
cashier,  or  secretary,  or  to  an  agent  designated  in  section  82;  or  in  the 
event  no  such  agent  is  designated  as  provided  in  section  82,  to  the  secretary 
of  state  or  the  deputy  secretary  of  state,  as  provided  in  section  83. 

3.  If  against  a  minor,  under  the  age  of  fourteen  years,  residing  within 
this  state,  to  such  minor,  personally,  and  also  to  his  father,  mother,  or 
guardian ;  or  if  there  be  none  within  this  state,  then  to  any  person  having 
the  care  or  control  of  such  minor,  or  with  whom  he  resides,  or  in  whose 
service  he  is  employed. 

4.  If  against  a  person  residing  writhin  this  state  who  has  been  judicially 
declared  to  be  of  unsound  mind,  or  incapable  of  conducting  his  own  affairs, 
and  for  whom  a  guardian  has  been  appointed,  to  such  person,  and  also  to 
his  guardian. 

5.  If  against  a  county,  city,  or  town,  to  the  chairman  of  the  board  of 
commissioners,  president  of  the  council  or  trustees,  mayor  of  the  city,  or 
other  head  of  the  legislative  department  thereof. 

6.  In  all  other  cases  to  the  defendant  personally. 

Kerr,  C.  C.P.,411. 

Service  of  legal  process  upon  corporation,  sec.  1178. 

This  section  is  similar  to  sec.  29  of  the  a  strict  compliance  with  some  of  the  modes 

old  practice  act,  which  has  had  the  follow-  prescribed  by  the  statute  for  obtaining  such 

ing  citations:  service. 

Service    of    summons    on    a    corporation  Where  the  officer  certifies  that  he  served 

may  be  made  by  serving  a  copy  of  the  same  the  summons  upon  the  business  manager  of 

on  the  secretary  of  the  company.     Gillig  v.  a    corporation:  Held,    that    this    was    not    a 

Ind.  M.  Co.,  1  Nev.  247,  249.  compliance     with     the     provisions     of     the 

Service    of    summons    upon    a    California  statute  requiring  the  service  to  be  upon  the 

corporation,  made  in   accordance   with   this  managing  agent, 
section  is  valid.  Courts  must  know,  and  officers  must  be 

Where  an  attempted  service  of  summons  presumed    to    know,    what    the    legislature 

upon  a  California  corporation  was  made  in  meant   by   the   term    managing   agent;     but 

this  state,  and  a  subsequent  service  in  Cali-  courts  cannot  know  what   an   officer  means 

fornia,    under    this    section:  Held,    that    it  by    a     designation     unknown    to    the    law. 

made  no  difference  whether  an  order  refusing  Scorpion    S.    M.    Co.    v.    Marsano,    10    Nev. 

to  quash  the  first  service  was  correct  or  not,  370,  381. 

it    appearing   that    the    second    service    was  The    statutory    provisions    for    acquiring 

good,  and  no  prejudice  done.     Caples  v.  C.  jurisdiction  by  other  than  personal  service 

P.  E.  E.  Co.,  6  Nev.  265,  268.  must  be  strictly  pursued.     Victor  M.   &  M. 

A  party  relying  solely  upon  a  construct-  Co.   v.   Justice   Court,   18   Nev.    24-27  (1    P. 

ive  service  of  summons  is  bound  to  prove  831). 


1461  CIVIL  PRACTICE  Sec.  5026 

The    service    of    the    summons    upon    the  S.  M.  Co.,  21  Nev.  312,  317,  318  (17  L.  E.  A. 

managing    agent     was    a     personal     service  351,  31  P.  57). 

upon    the    corporation.     Lang    Syne    Co.    v.  Under  this  section,  service  on  an  assist- 

Koss,  20  Nev.  137  (19  A.  S.  337,  18  P.  358).  ant  cashier  of  a  bank  in  charge  of  a  branch 

Held,  that  in  the  absence  of  the  personal  bank  who  has  power  to  sign  drafts  and  cor- 

scrvice  required  by   law,   the   mailing   of   a  respondence,  and  who  is  under  the  supervi- 

ro]>y  of  the  summons  and  complaint  to  the  sion  of  the  cashier,  and  who  has  nothing  to 

president  and  trustees  of  the  defendant  cor-  do  with  the  control  or  management  of  the 

1  M.I  at  ion    added    no    force    to    the    officer's  corporation,     is     not     sufficient.     Karns     v. 

i  ct urn   on   the   summons.     Lonkey  v.   Keyes  State  Bank  &  T.  Co.,  31  Nev.  170,  171,  178 

(]01  P.  564). 

50*24.    Foreign  corporation  to  appoint  resident  agent  upon  whom  process 

may  be  served— Secretary  of  state. 

SEC.  82.  Every  incorporated  company  or  association  created  and  exist- 
ing under  the  laws  of  any  other  state,  or  territory,  vor  foreign  government, 
or  the  government  of  the  United  States,  owning  property  or  doing  business 
in  this  state,  shall  appoint  and  keep  in  this  state  an  agent  upon  whom  all 
legal  process  may  be  served  for  such  corporation  or  association.  Such  cor- 
poration shall  file  a  certificate,  properly  authenticated  by  the  proper  officers 
of  such  company,  with  the  secretary  of  state,  specifying  the  full  name  and 
residence  of  such  agent,  which  certificate  shall  be  renewed  by  such  company 
as  often  as  a  change  may  be  made  in  such  appointment,  or  vacancy  shall 
occur  in  such  agency. 

Mutual  insurance  companies,  sees.  1316,  132.~>;  mining  companies,  sec.  1218. 
See  sec.  117s. 

5025.  Idem— When  no  agent,  service  on  secretary  of  state  or  deputy. 

SEC.  83.  If  any  such  company  shall  fail  to  appoint  such  agent,  or  fail  to 
file  such  certificate  for  fifteen  days  after  a  vacancy  occurs  in  such  agency, 
on  the  production  of  a  certificate  of  the  secretary  of  state  showing  either 
fact,  which  certificate  shall  be  conclusive  evidence  of  the  fact  so  certified  to 
and  be  made  a  part  of  the  return  of  service,  it  shall  be  lawful  to  serve  such 
company  with  any  and  all  legal  process,  by  delivering  a  copy  to  the  secre- 
tary of  state,  or,  in  his  absence,  to  any  duly  appointed  and  acting  deputy 
secretary  of  state,  and  such  service  shall  be  valid  to  all  intents  and  pur- 
poses ;  provided,  that  in  all  cases  of  such  service  the  defendant  shall  have 
forty  days  (exclusive  of  the  day  of  service)  within  which  to  answer  or 
plead.  This  section  shall  be  construed  as  giving  an  additional  mode  and 
manner  of  serving  process  and  as  not  affecting  the  validity  of  any  other 
valid  service. 

Service  on  insurance  company,  on  attorney  or  controller,  sees.  1273,  1276,  1316,  1325. 

5026.  When  service  made  by  publication. 

SEC.  84.  When  the  person  on  whom  the  service  is  to  be  made  resides  out 
of  the  state,  or  has  departed  from  the  state,  or  cannot,  after  due  diligence, 
be  found  within  the  state,  or  conceals  himself  to  avoid  the  service  of  sum- 
mons, and  the  fact  shall  appear  by  affidavit,  to  the  satisfaction  of  the  court 
or  judge  thereof,  and  it  shall  appear,  either  by  affidavit  or  by  a  verified  com- 
plaint on  file,  that  a  cause  of  action  exists  against  the  defendant  in  respect 
to  whom  the  service  is  to  be  made-  or  that  he  is  a  necessary  or  proper  party 
to  the  action,  such  court  or  judge  may  grant  an  order  that  the  service  be 
made  by  the  publication  of  the  summons. 

Kerr,  C.  C.P.,412. 

To  obtain  a  legal  service  by  publication  does  not  appear  by  affidavit,  is  void.     Little 

of    a    summons    against    a    nonresident,    it  v.  Currie,  5  Nev.  90-92. 

must  appear  by  affidavit,  not  only  that  the  This   section   applies   to   justices'   courts; 

defendant  is  a  nonresident,  but  also  that  a  but  the  precise  method  of  acquiring  juris- 

cause  of  action   exists  against  him;    and  a  diction  prescribed  by  law  must  be  pursued.- 
judgment  procured  in  such  a  case  before  a  This  section  and  section  511  (old  act)  of 

justice   of  the  peace,   when  the   latter  fact  the  practice  act  are  to  be  construed  together 


Sec.  5027 


CIVIL  PRACTICE 


1462 


351,  31  P.  57);    Eobinson  v.  Kind,  23  Nev. 
340  (47  P.  1) ;    Brooks  v.  Nickel  Syndicate, 

24  Nev.  324  (53  P.  597). 

Held,  that  an  affidavit  stating  that  coin- 
plaint  had  been  filed  to  recover  a  sum  of 
money,  which  cause  of  action  was  fully  set 
out  therein,  and  making  the  complaint  part 
of  the  affidavit,  was  sufficient  to  authorize 
the  justice  to  order  service  of  summons  by 
merely  publication,  though  the  complaint  con- 
sisted merely  of  a  copy  of  an  account  for 
goods  sold  and  delivered.  Pratt  v.  Stone, 

25  Nev.  365,  370,  371  (60  P.  514). 


as  parts  of  the  same  statute  relating  to  the 
same  general  subject  of  jurisdiction;  the 
latter  being  evidently  intended  to  cover 
residents  of  this  state,  while  the  former  was 
intended  to  reach  nonresidents. 

Affidavit  for  publication  of  summons 
against  a  nonresident  defendant,  which 
states  legal  conclusions  instead  of  facts,  is 
fatally  defective.  Koy  v.  Whitford,  9  Nev. 
370,  372. 

Cited,  Scorpion  S.  M.  Co.  v.  Marsano,  10 
Nev.  385;  Victor  M.  &  M.  Co.  v.  Justice 
Court,  18  Nev.  21,  24  (1  P.  831);  Lonkey  v. 
Keyes  S.  M.  Co.,  21  Nev.  315  (17  L.  E.  A. 

5027.    Idem— Order,  mailing  copies,  personal  service,  when  complete. 

SEC.  85.  The  order  shall  direct  the  publication  to  be  made  in  a  news- 
paper, to  be  designated  by  the  court  or  judge  thereof  as  one  most  likely  to 
give  notice  to  the  person  to  be  served,  for  a  period  of  six  weeks,  and  at  least 
once  a  week  during  said  time.  In  case  of  publication,  where  the  residence 
of  a  nonresident  or  absent  defendant  is  known,  the  court  or  judge  shall  also 
direct  a  copy  of  the  summons  and  complaint  to  be  deposited  in  the  postoffice, 
directed  to  the  person  to  be  served  at  his  place  of  residence.  When  publica- 
tion is  ordered,  personal  service  of  a  copy  of  the  summons  and  complaint, 
out  of  the  state,  shall  be  equivalent  to  completed  service  by  publication  and 
deposit  in  the  postoffice,  and  the  person  so  served  shall  have  forty  days  after 
said  service  to  appear  and  answer  or  demur.  The  service  of  summons  shall 
be  deemed  complete  in  cases  of  publication  at  the  expiration  of  six  weeks 
from  the  first  publication,  and  in  cases  when  a  deposit  of  a  copy  of  the  sum- 
mons and  complaint  in  the  postoffice  is  also  required,  at  the  expiration  of 
six  weeks  from  such  deposit. 

Kerr,  C.  C.P.,413. 

In  a  suit  brought  against  the  Scorpion 
S.  M.  Co.,  a  corporation,  where  the  justice 
of  the  peace  deposited  a  copy  of  the 
complaint  and  summons  in  the  postoffice 
addressed  to  "Eobert  Apple,  E.  W.  H.  Mar- 
tin, San  Francisco,  California,"  and  there 
was  no  evidence  at  the  time  of  such  deposit, 
before  the  justice  that  either  Apple  or  Mar- 
tin was  connected  with  the  corporation  in 
any  manner  or  capacity  whatever:  Held, 
that  this  was  not  a  compliance  with  the  law 
which  required  the  summons  to  be  directed 
to  the  defendant.  Scorpion  S.  M.  Co.  v. 
Marsano,  10  Nev.  370,  383. 

An  affidavit  for  publication  of  summons 
against  a  foreign  corporation  must  show 
that  the  corporation  had  no  officer  within 
this  state  upon  whom  personal  service  could 
be  made,  and  must  state  the  facts  showing 
what  diligence  had  been  used  to  obtain 
persona.1  service.  An  affidavit  which  merely 
states  that  the  constable  had  returned  the 
summons  not  served,  and  that  due  diligence 
had  been  used  to  find  defendant,  is  not 
sufficient. 

If  service  is  made  by  publication,  and  the 
residence  of  the  absent  defendant  is  known, 
the  service  is  void  unless  the  court  directs 
a  copy  of  the  complaint  and  summons  to  be 


deposited  in  the  postoffice,  directed  to  the 
person  to  be  served,  at  his  place  of  resi- 
dence. 

A  deposit  made  by  an  attorney  without 
an  order  of  court  is  insufficient. 

The  affidavit  must  state  the  facts  neces- 


sary to  show  that  a  cause  of  action  exists 
against  the  defendant.  An  averment  that 
the  amount  claimed  was  "due  from  the 
defendant  to  plaintiff"  is  simply  an  allega- 
tion of  a  legal  conclusion,  and  is  insufficient. 
Victor  M.  Co.  v.  Justice  Court,  18  Nev.  21, 
22,  25  (1  P.  831). 

Where  a  constructive  service  is  relied 
upon  to  sustain  a  judgment,  a  strict  com- 
pliance with  the  provisions  of  the  statute 
is  required;  otherwise  the  court  acquires  no 
jurisdiction  over  the  defendant.  Coffin  v. 
Bell, -22  Nev.  169  (58  A.  S.  738,  37  P.  240). 

A  void  service  of  a  summons  does  not 
preclude  another  and  perfect  service  of  the 
same;  and  the  fact  of  the  summons  having 
been  returned  and  filed  does  not  prevent  its 
being  withdrawn  and  properly  served. 
Idem. 

The  order  for  publication  of  summons 
must  succeed,  not  precede,  the  issuance  of 
the  summons.  Idem. 

Personal  service  of  the  summons  out  of 
the  state  is  by  this  section  made  equivalent 
to  publication  and  deposit  in  the  postoffice. 
Coffin  v.  Bell,  22  Nev.  169,  183  (58  A.  S. 
738,  37  P.  240). 

Where  an  affidavit  for  publication  of 
summons  sets  forth  that  the  "defendant  is 
a  nonresident  of  this  state,  but  is  a  resident 
of  the  State  of  California,  county  unknown," 
it  is  not  necessary  to  deposit  in  the  post- 
office  a  copy  of  the  complaint  and  summon*. 
The  statute  requires  such  deposit  only  in 
case  the  place  of  residence  of  the  defendant 


1463  CIVIL  PRACTICE  Sec,  5030 

is  known.     Pratt  v.  Stone,  25  Nev.  366,  374  10th,    defendant    had    forty-two    days    after 

(60  P.  514).  the    service    in    addition    to    the    statutory 

When  personal  service  without  the  state  period   of   forty   days   in   which   to   answer, 

is  made  in  lieu  of  publication,  or  in  lieu  of  and  a  default  entered  December  21st,  and  a 

publication  and  deposit  in  the  postoffice,  the  decree  thereon  entered  December  28th,  were 

service  is  not  complete  until  expiration  of  premature,    and    plaintiff    could    have    them 

<ix   weeks  from  such  personal  service,  and,  set   aside.     Sherwin   v.   Sherwin,  33   Nev. — 

wli.-re    such    service    was    made    November  (111  P.  286). 

5028.  Service  by  publication  on  unknown  heirs. 

SEC.  86.  When  it  appears  to  the  satisfaction  of  the  court  or  the  judge 
thereof  from  the  verified  complaint  or  from  an  affidavit  in  behalf  of  the 
plaintiff  or  plaintiffs  in  any  action  that  any  heir  or  heirs  of  a  deceased  per- 
son is  or  are  necessary  or  proper  party  or  parties  defendant,  that  a  cause  of 
action  in  favor  of  the  plaintiff  or  plaintiffs  exists  against  him  or  them,  and 
that  due  diligence  to  ascertain  the  name  or  names  and  the  place  or  places  of 
residence  of  such  heir  or  heirs  has  been  unsuccessfully  exercised  by,  or  in 
behalf  of  the  plaintiff  or  plaintiffs,  the  court  or  judge  may  grant  an  order 
for  the  service  of  the  summons  in  such  action  on  such  unknown  heir  or 
heirs  by  publication  in  like  manner  and  for  the  period  of  time  prescribed 
by  the  laws  of  the  State  of  Nevada  for  the  publication  of  summons  in  other 
actions ;  and  such  service  when  made  shall  as  to  such  unknown  heir  or  heirs 
be  sufficient  to  confer  on  the  court  jurisdiction  to  hear  and  determine  the 
issues  in  such  action,  and  the  judgment  of  the  court  based  on  such  service 
and  duly  made  and  entered  in  such  action  shall  bind  each  and  every  one  of 
the  heirs  of  such  deceased  person  whose  name  or  names  and  place  or  places 
of  residence  were  so  as  aforesaid  unknown  to  the  plaintiff  or  plaintiffs  with 
like  effect  as  if  the  name  or  names  of  such  heir  or  heirs  had  been  inserted  in 
the  complaint  and  published  summons,  regardless  of  whether  such  heir  or 
heirs  shall  subsequently  appear  to  have  been  residents  or  nonresidents  of 
the  State  of  Nevada  at  the  time  of  such  publication. 

5029.  Idem  — Affidavit   showing   want   of  knowledge  before  judgment 

entered. 

SEC.  87.  Before  final  judgment  in  favor  of  the  plaintiff  or  plaintiffs  and 
against  any  such  unknown  heir  or  heirs  shall  be  entered  in  any  such  action 
every  such  plaintiff  shall  make  and  file  with  the  clerk  of  the  court  in  which 
said  action  is  pending  an  affidavit  showing  that  since  the  commencement  of 
said  action  he  has  neither  learned  the  name  or  names  of  any  such  heir  or 
heirs  nor  received  any  information  indicating  a  line  of  search  or  inquiry 
which  if  properly  pursued  might  lead  to  the  discovery  of  such  name  or 
names  and  that  the  same  still  remains  or  remain  unknown  to  such  plaintiff ; 
dr,  if  he  has  received  such  information,  such  affidavit  shall  so  state  and 
show  that  diligent  search  and  inquiry  along  the  lines  indicated  had  been 
made  by  or  in  behalf  of  such  plaintiff  and  resulted  in  failure  to  learn  such 
name  or  names  and  that  the  same  are  still  unknown  to  such  plaintiff. 

5030.  Service  by  publication  on  unknown  parties  generally. 

SEC.  88.  If  any  plaintiff  shall  allege  that  there  are,  or  that  he  verily 
believes  that  there  are,  persons,  other  than  heirs,  interested  in  the  subject- 
matter  of  the  complaint,  whose  names  he  cannot  insert  therein,  because 
they  are  unknown  to  him,  and  shall  describe  the  interest  of  such  persons, 
and  how  derived,  so  far  as  his  knowledge  extends,  the  court,  or  the  judge 
thereof,  shall  make  an  order  for  the  publication  of  summons,  reciting, 
moreover,  the  substance  of  the  allegations  of  the  complaint  in  relation  to 
the  interest  of  such  unknown  parties ;  and  after  the  completion  of  service 
by  such  publication,  the  court  shall  have  jurisdiction  of  such  persons,  and 
any  judgment  or  decree  rendered  in  the  action  shall  apply  to  and  conclude 


See.  5031  CIVIL  PRACTICE  1464 

such  persons  with  respect  to  such  interest  in  the  subject-matter  of  the 
action. 

Colorado,  Mills  An.  C..  (1896),  44;  Utah,  2951. 

5031.  Summons  served  on  part  of  several  defendants  jointly  or  severally 

liable. 

SEC.  89.  Where  the  action  is  against  two  or  more  defendants,  and  the 
summons  is  served  on  one  or  more,  but  not  on  all  of  them,  the  plaintiff  may 
proceed  as  follows : 

1.  If  the  action  be  against  the  defendants  jointly  indebted  upon  a  con- 
tract, he  may  proceed  against  the  defendant  served,  unless  the  court  other- 
wise direct;  and  if  he  recover  judgment,  it  may  be  entered  against  all  the 
defendants  thus  jointly  indebted,  so'  far  only  as  that  it  may  be  enforced 
against  the  joint  property  of  all  and  the  separate  property  of  the  defendant 
served;  or, 

2.  If  the  action  be  against  defendants  severally  liable,  he  may  proceed 
against  the  defendants  served  in  the  same  manner  as  if  they  were  the  only 
defendants. 

Kerr,  C.  C.  P.,414. 

Cited,  Gillig  v.  Lake  Bigler  R.  Co.,  2  Nev.  225,  226. 

"Copartnership    property    and    assets"    is  alone    is   sufficient   to   warrant   a   judgment 

joint  property,  within  the  meaning  of  that  against  the  joint  property, 
term  as  used  in  this  section.     Whitmore  v.  A   judgment   by   confession    of   one  joint 

Shiverick,  3  Nev.  288,  289,  304-308.  debtor  will  not  reach  the  joint  property,  but 

Where  an  action  was  commenced  against  be  effective  only  against  him  who  author- 
two  persons,  alleged  to  be  partners,  for  a  izes  its. entry,  for  the  reason  that  this  sec- 
debt,  alleged  to  be  a  partnership  debt,  and  tion  does  not  authorize  such  a  judgment  by 
one  of  them  only  was  served,  who  appeared  confession.  Flannery  v.  Anderson,  4  Nev. 
and  filed  an  answer  admitting  all  the  allega-  437,  441-443. 

tions  of  the  complaint;    and  the  court  found  This  section  does  not  provide  a  rule  for 

in  favor  of  plaintiff,  and  rendered  judgment  the    disposition    of    actions    against    several 

against  both  parties,  to  be  enforced  against  joint   debtors,   where   all   have  been   served 

the  joint  property  of  both,  and  the  separate  and  appeared,  and  the  proceedings  against 

property    of    the    defendant    served:  Held,  one  are  suspended  by  bankruptcy.     Tinkum 

that    the    proceeding    and    judgment    were  v.  O'Neale,  5  Nev.  93,  98. 
authorized  by,  and  in  strict  accordance  with,  Where  the  defendants  in  an  action  against 

this  section.  two  are  both   served  with  the  summons,  a 

This  section  does  not  require,  nor  does  it  judgment,    under    this    section,    cannot    be 

seem    to    authorize,    one    of    several    joint  entered  against  one  to  be  executed  against 

debtors,  upon  whom  only  service  is  made,  to  his  separate  property  and  the  joint  property 

appear  in  answer  for  his  codef endants  who  of    both.     Mayenbaum    v.    Murphy,    5    Nev. 

are  not  served;    but  service  upon-  any  one  383,  387. 

5032.  Proof  of  service,  how  made. 

S$c.  90.    Proof  of  the  service  of  the  summons  shall  be  as  follows : 

1.  If  served  by  the  sheriff  or  his  deputy,  the  affidavit  or  certificate  of  such 
sheriff  or  deputy ;  or, 

2.  If  by  any  other  person,  his  affidavit  thereof;  or, 

3.  In  case  of  publication,  the  affidavit  of  the  publisher,  his  foreman  or 
principal  clerk,  or  other  employee  having  knowledge  thereof,  showing  the 
same,  and  an  affidavit  of  a  deposit  of  a  copy  of  the  summons  in  the  post- 
office,  if  the  same  shall  have  been  deposited ;  or, 

4.  The  written  admission  of  the  defendant. 

Kerr,  C.  C.P.,415. 

See  Mayenbaum  v.  Murphy  5  Nev.  383,  residence  if  known;  and  the  statute  pre- 
388,  under  section  80  of  .this  act.  scribes  that  such  deposit  shall  be  proved  by 

Where  a  party  relies  upon  the  publica-  affidavit.     Scorpion  S.  M.  Co.  v.  Marsano,  10 

tion  of  summons,  it  is  necessary  not  only  to  Nev.  370,  383,  384. 

publish    a    copy    of    the    summons    but    to  See  Sherwin  v.  Sherwin,  under  sec.  85  of 

deposit     another     copy     in     the     postoffice  this  act. 
directed  to   the   defendant   at   his   place   of 


1465  CIVIL  PRACTICE  Sec.  5087 

5033.  Idem— Affidavit. 

SEC.  91.  In  case  of  service  otherwise  than  by  publication,  the  certificate 
or  affidavit  shall  state  the  time  and  place  of  the  service. 

Kerr,  C.  C.P.,418. 

5034.  Jurisdiction,  when  acquired. 

SEC.  92.  From  the  time  of  the  service  of  the  summons  in  a  civil  action, 
the  court  shall  be  deemed  to  have  acquired  jurisdiction,  and  to  have  control 
of  all  the  subsequent  proceedings.  A  voluntary  appearance  of  a  defendant 
shall  be  equivalent  to  personal  service  of  the  summons  upon  him. 

Kerr,  C.  C.  P.,  416. 

The  statute,  having  prescribed  what  shall  .heard  to  complain  that  the  writ  was  irregu- 

be  an  appearance  for  certain  purposes,  does  lar    as    to    the    time    when    a    return    was 

not    preclude   an   appearance   in   a   different  required. 
manner  for  other  purposes.  A    general    appearance    not    only    waives 

Although    an    alternative    writ    of    man  defect    in    a    writ,    or    summons,    but    gives 

•la  in  us   may   not   properly   be   returnable   in  jurisdiction  over  the  person  in  cases  where 

less  than  ten  days  after  its  issuance,  yet  if  the  writ  was  void.     State  ex  rel.  Curtis  v. 

tin-  respondent  appears  upon  such  writ  and  McCullough,  3  Nev.  202,  214. 
asks  for  time  to  make  his  answer,  and  that  Cited,   Stevenson   v.  Mann,   13   Nev.   274; 

ti:m>    is   granted,   he   cannot   afterwards   be  In  re  Schnitzer,  33  Nev. —  (112  P.  849). 

CHAPTER  9 

PLEADINGS 

5035.  Defined. 

SEC.  93.  The  pleadings  are  the  formal  allegations  by  the  parties  of  their 
respective  claims  and  defenses,  for  the  judgment  of  the  court. 

Kerr,  C.  C.  P.,4i'(). 

5036.  Forms  and  sufficiency,  how  determined. 

SEC.  94.  All  the  forms  of  pleadings  in  civil  actions,  and  the  rules  by 
which  the  sufficiency  of  the  pleadings  shall  be  determined,  shall  be  those 
prescribed  in  this  act. 

Kerr,  C.C.P.,421. 

Cited,  Howard  v.  Richards,  2  Nev.  132  (89  A.  D.  520). 

This    section    manifestly    refers    to    the  Sees.  37-40  of  the  acts  of  1869,  196,  cor- 

pleadings  in  cases  of  mandamus  as  well  as  responding  with  sees.  94-97  of  this  act,  were 
to  the  pleadings  in  other  actions  or  proceed-  cited  in  State  v.  Y.  J.  S.  M.  Co.,  14  Nev. 
ings  provided  for  by  the  act.  State  ex  rel.  220,  238. 

Piper  v.  Gracey,  11  Nev.  232.  See  McKim  v.  District  Court,  under  sec. 

96  of  this  act. 

5037.  Pleadings  of  plaintiff— Of  defendant. 

SEC.  95.    The  pleadings  on  the  part  of  the  plaintiff  are : 

1.  The  complaint ; 

2.  The  demurrer  to  the  answer ; 

3.  The  reply. 

And  on  the  part  of  the  defendant : 

1.  The  demurrer  to  the  complaint; 

2.  The  answer ; 

3.  The  demurrer  to  the  reply. 

Kerr,  C.  C.  P., 422;  Utah,  2958. 

Where  a  document  styled  a  "motion"  was  old  practice  act  which  has  had  the  following 

filed  by  the  defendant  asking  that  the  com-  citations: 

plaint  be  dismissed  for  certain  reasons  set  After  an  answer  is  filed,  judgment  can- 
forth  therein,  ascertaining  a  defense  which  not  be  entered  by  default,  although  the 
could  only  be  asserted  by  demurrer  or  answer  may  not  be  served, 
answer,  it  should  have  been  dismissed  as  Service  of  answer  is  for  convenience  of 
having  no  legal  standing  and  not  merely  plaintiff's  counsel  and  may  be  enforced  by 
denied.  Symons-Kraussman  Co.  v.  Eeno  B.  the  court,  but  is  not  necessary  to  give 
Co.,  32  Nev.  241  (107  P.  96).  jurisdiction  of  the  defendant.  Maples  v. 

This  section  is  similar  to  section  38  of  the  Geller,  1  Nev.  233,  236. 


See.  5038 


CIVIL  PRACTICE 


1466 


CHAPTER  10 

COMPLAINT 

5088.    Complaint,  what  to  contain. 

SEC.  96.    The  complaint  shall  contain : 

1.  The  title  of  the  action,  specifying  the  name  of  the  court  and  the  name 
of  the  county  in  which  the  action  is  brought,  and  the  names  of  the  parties 
to  the  action,  plaintiff  and  defendant. 

2.  A  statement  of  the  facts  constituting  the  cause  of  action,  in  ordinary 
and  concise  language. 

3.  A  demand  for  the  relief  which  the  plaintiff  claims.    If  the  recovery  of 
money  or  damages  be  demanded,  the  amount  thereof  shall  be  stated. 

Kerr,  C.C.P.,426. 

A  complaint  setting  out  a  note  in  full, 
and  alleging  the  execution  and  delivery  to, 
and  ownership  thereof  by  plaintiff,  and  that 
there  is  "due,  owing  and  payable,"  a  cer- 
tain sum,  is  a  good  complaint,  although  it 
does  not  in  direct  terms  allege  the  nonpay- 
ment of  the  note.  Howard  v.  Richards,  2 
Nev.  128,  131  (89  A.  D.  520). 

A  complaint  under  this  section  must  con- 
tain a  statement  of  the  fact  constituting 
the  cause  of  action.  Under  the  statute  a 
mere  detention  of  property  will  not  sup- 
port an  action,  but  the  detention  must  be 
wrongful.  Whether  the  detention  is  right- 
ful or  wrongful  depends  on  the  circum- 
stances of  the  particular  case,  and  must 
be  shown  by  the  complaint. .  Perkins  v. 
Barnes,  3  Nev.  564. 

The  allegation  that  the  defendant  became 
indebted  to  plaintiff  is  simply  a  statement 
of  a  conclusion  of  law;  the  facts  out  of 
which  the  indebtedness  arose  should  be 
stated.  Cal.  State  Tel.  Co.  v.  Patterson,  1 
Nev.  158,  161. 

A  complaint  on  a  promissory  note  is  good 
where  all  other  facts  are  properly  alleged, 
although  nonpayment  is  not  alleged  in  direct 
terms.  Howard  v.  Richards,  2  Nev.  128. 

In  an  action  on  a  promissory  note,  the 
averment  in  the  complaint,  that  plaintiff 
"is  now  the  holder  and  owner  of  said  prom- 
issory note,"  is  immaterial.  Allen  v.  Riley, 
15  Nev.  452. 

Though  the  holder  of  a  promissory  note, 
which  proves  to  be  void,  may,  in  a  proper 
case,  recover  on  the  consideration  for  which 
the  note  was  intended  to  be  given,  he  can- 
not do  so  unless  the  pleadings  set  out  such 
consideration.  Wayman  v.  Torreyson,  4 
Nev.  124. 

An  allegation  that  defendant  "is  a  cor- 
poration duly  organized  and  doing  business 
as  such  in  the  State  of  Nevada"  is  equiva- 
lent to  an  averment  that  such  defendant  is 
a  corporation  duly  organized  in  the  State 
of  Nevada. 

An  amendment  which  changes  the  parties 
to  a  suit  cannot  be  made.  Little  v.  V.  &  G. 
JI.  W.  Co.,  9  Nev.. 317. 

The  allegations  of  complaint  stated  and 
held  equivalent  to  a  positive  averment  that 
the  note  was  made  and  delivered  to  the 
plaintiff,  as  surviving  partner  in  the  name 
of  the  firm  and  to  be  sufficient  to  enable 


plaintiff  to  maintain  the  action.  Manning 
v.  Smith,  16  Nev.  85. 

To  hold  one  who  has  obtained  the  legal 
title  of  land  as  trustee  for  another,  who 
claims  to  be  the  owner,  as  being  substituted 
to  the  rights  of  a  third  person,  it  is  neces- 
sary to  set  forth  and  show  that  such  third 
person  was  the  owner.  Gentry  v.  Low,  4 
Nev.  99. 

Where  a  complaint  for  work,  labor  and 
services  alleged  an  indebtedness  in  a  sum 
certain  therefor,  but  omitted  to  allege 
specifically  the  value  of  the  same  or  a 
promise  to  pay;  and  defendant,  without 
demurring,  put  in  an  answer  denying 
indebtedness,  admitting  service  performed, 
and  setting  up  payment  in  full,  and  there 
was  a  verdict  for  plaintiff:  Held,  that  what- 
ever the  defects  of  the  complaint,  they  were 
cured  by  defendant's  pleading  and  by  the 
verdict.  McManus  v.  Ophir  S.  M.  Co.,  4 
Nev.  15. 

Failure  to  allege  "promise  to  pay":  Held, 
"complaint  did  not  state  facts  sufficient, 
H:.o."  Gerrens  v.  Huhn  &  Hunt  S.  M.  Co.,  10 
Nev.  137. 

Where  a  complaint  upon  a  contract  does 
not  show  a  breach  of  the  contract  by  the 
defendant,  it  fails  to  state  facts  sufficient 
to  constitute  a  cause  of  action.  Hutchins 
v.  Sutherland,  22  Nev.  363  (40  P.  409). 

Averments  that  money  was  expended  "to 
defendant's  use,"  and  alleging  his  "promise 
to  pay,"  may  be  treated  as  surplusage.  Orr 
Water  Ditch  Co.  v.  Eeno  Water  Co.,  19 
Nev.  60  (6 IP.  72). 

Complaint  must  allege  not  only  value  of 
wood  delivered  to  defendant,  but  that  their 
contract  made  them  liable  for  that  quan- 
tity. Horton  v.  Ruhling,  3  Nev.  498. 

Allegation  of  actual  damage  or  facts 
from  which  it  must  be  inferred  is  indispens- 
ably necessary  to  recover  more  than  nominal 
damages.  Richardson  v.  Jones  &  Denton,  1 
Nev.  405. 

If  complaint  charges  indebtedness,  man- 
ner in  which  it  accrued,  promise  to  pay  and 
refusal,  it  is  sufficient.  Williams  v.  Glas- 
gow, 1  Nev.  533. 

If  an  appellate  court  finds  on  investiga- 
tion that  the  facts  stated  in  the  complaint, 
with  all  legal  intendments  in  its  favor,  will 
not  support  the  judgment,  the  court  can  do 
no  less  than  reverse  such  judgment,  although 


1467 


CIVIL  PRACTICE 


Sec.  5038 


counsel    may    not    have    hit    on    the    proper 
grounds  for  asking  a  reversal. 

Where  the  terms  and  conditions  of  an 
agreement  are  set  out  in  the  complaint  and 
the  violation  of  that  agreement  is  charged 
against  the  defendant,  if  it  is  such  an 
instrument  as  the  law  requires  to  be  in 
writing  and  the  complaint  is  silent  as  to 
whether  it  was  oral  or  written,  courts  will 
presume  it  to  be  a  lawful  or  written  agree- 
ment  until  the  contrary  is  shown.  Van 
Doren  v.  Tjader,  1  Nev.  380. 

If,  in  an  action  on  insurance  policy,  the 
claimant  alleges  generally  a  compliance  with 
its  terms  and  verifies  his  pleadings,  he  will 
not  be  put  to  proof  unless  in  the  answer 
particular  breach  is  averred.  Healey  v. 
Imperial  Ins.  Co.,  5  Nev.  268. 

Where  a  complaint  alleged  that  plaintiff 
was  the  owner  and  entitled  to  the  possession 
of  lands,  that  there  were  improvements 
thereon,  that  defendants  were  in  possession 
ami  threatened  to  destroy  and  would  if  not 
enjoined  destroy  such  improvements,  and 
that  defendants  were  insolvent  and  unable 
to  respond  in  damages:  Held,  sufficient  to 
support  an  order  enjoining  defendants  from 
removing  the  improvements  or  committing 
waste. 

After  a  verdict  or  decision  in  a  district 
c-iurt  upon  issue  joined,  the  complaint  will 
lie  supported  by  every  legal  intendment, 
if  there  be  nothing  material  in  the  record 
Tn  prevent  it. 

The  rule  that  carries  every  legal  intend 
m en t  in  fax  or  of  a  complaint  in  case  there 
li.i-  heen  a  judgment  thereon  after  issue 
joined,  equally  applies  in  case  of  an  order, 
such  as  an  injunction,  made  upon  it  after 
a  full  hearing.  Meadow  Valley  M.  Co.  v. 
Dodds,  6  Nev.  iv.i. 

An  allegation  that  property  was  assessed 
"in  an  amount  greatly  in  excess  of  that 
authorized  by  law"  is  not  sufficient  to  raise 
any  issue  as  to  the  true  cash  value  of  the 
pinperty,  and  to  raise  such  issue  such  value 
should  be  alleged. 

The  statute  expressly  provides  that  "where 
t  In1  person  complaining  of  the  assessment 
has  refused  to  give  the  assessor  his  list 
under  oath,  no  reduction  shall  be  made  by 
the  board  of  equalization  in  the  assessment 
made  by  the  assessor."  Held,  that  an  alle- 
gation that  defendant  made  application  to 
the  board  of  equalization  for  a  reduction 
of  his  assessment  must  include  the  aver- 
ment that  the  sworn  statement  was  fur- 
nished to  the  assessor,  or  that  no  demand 
was  made  for  it,  in  order  to  constitute  a 
defense  to  an  action  for  taxes.  State  v. 
Sadler,.  21  Nev.  13  (33  P.  799). 

In  an  action  for  the  diversion  of  water, 
the  complaint,  filed  April  11,  1894,  was 
sworn  to  November  17,  1893,  and  it  was 
objected  that  it  did  not,  for  this  reason, 
state  a  cause  of  action  existing  at  the  time 
of  the  commencement  of  the  action:  Held, 
that  the  allegations  of  the  complaint  should 
be  construed  as  referring  to  the  time  of  the 
commencement  of  the  action,  and  that  it 


was  sufficient.     Eonnow  v.  Delume,  23  Nev. 
29  (41  P.  1074). 

In  a  case  where  plaintiff  was  not  allowed 
to  remove  fixtures:  Held,  there  was  no 
necessity  of  alleging  the  value  of  the  fix- 
tures. The  plaintiffs  only  had  to  allege  the 
extent  of  the  damage  they  sustained  in 
consequence  of  not  being*  permitted  to 
remove  the  same.  Prescott  v.  Wells,  Fargo 
A-  Co.,  3  Nev.  82. 

Although  all  forms  of  pleadings  are  abol- 
ished, a  party  must  prove  the  case  he  makes 
in  his  pleadings,  or  fail.  A  party  who 
alleges  a  contract,  and  seeks  to  recover 
under  that  contract,  cannot  recover  on  proof 
of  a  trespass.  Carson  K.  L.  Co.  v.  Bassett, 
•2  Nev.  H49. 

It  is  as  necessary,  under  our  system  of 
practice,  to  maintain  in  pleadings  the  dis- 
tinction between  actions  arising  out  of  torts 
and  those  growing  out  of  contracts,  as  it 
was  under  the  old  practice. 

If  the  pleadings  be  upon  contract,  a 
recovery  should  not  be  allowed  if  the  proof 
be  of  a  trespass,  from  which  there  could  be 
no  presumption  of  a  contract.  Knicker- 
bocker A:  N.  S.  M.  Co.  v.  Hall,  3  Nev.  194. 

When  a  statute  makes  an  instrument 
void  it  is  proper  to  plead  the  statute 
specially. 

At  common  law,  a  party  could  not  plead 
his  own  fraud  or  violation  of  law  as  a 
defense  to  an  action.  But  when  the  statute 
declares  certain  instruments  shall  be  void, 
a  defendant  may  plead  the  facts  which 
make  it  void, although  in  so  doing  he  shows  a 
violation  of  law  by  himself.  It  being  the 
policy  of  the  law  to  allow  such  pleas  to  pre- 
vent the  violation  of  the  statute.  Maynard 
v.  Johnson,  2  Nev.  Hi. 

In  an  action  for  damages  for  improperly 
suing  out  a  writ  of  attachment,  it  is  neces- 
sary to  aver  that  the  attachment  was  sued 
out*  "without  probable  cause."  Levey  v. 
Fargo,  1  Nev.  415. 

In  a  complaint  for  money  expended  and 
services  performed,  it  is  always  best  to  use 
technical  words,  the  meaning  of  which  have 
long  been  established,  rather  than  phrases 
of  doubtful  import.  The  complaint  should 
state  the  money  was  expended  for  the  use 
and  benefit  of  defendant,  and  at  his  instance 
and  request.  So  in  regard  to  the  perform- 
ance of  labor.  Huguet  v.  Owen,  1  Nev.  464. 

The  allegation  that  defendant  became 
indebted  to  plaintiff  is  simply  a  statement 
of  a  conclusion  of  law;  the  facts  out  of 
which  the  indebtedness  arose  should  be 
stated.  Cal.  St.  Co.  v.  Patterson,  1  Nev.  151. 

In  a  complaint  by  a  husband  to  recover 
a  chose  in  action  given  in  the  name  of  his 
wife,  but  belonging  to  the  community,  it  is 
sufficient  for  him,  to  show  his  right  of 
action,  to  allege  either  that  he  is  the  owner 
or  that  it  is  common  property,  and  even 
both  allegations  in  the  same  complaint  will 
not  render  it  demurrable.  Crowe  v.  Van 
Sickle,  6  Nev.  146. 

This  provision  is  uniformly  construed  to 
mean  that  the  plaintiff  must  set  forth  in  his 


Sec.  5039 


CIVIL  PRACTICE 


1468 


complaint,  specifically,  every  fact  in  an 
issuable  form,  which  is  necessary  to  estab- 
lish his  right  of  action,  or  which,  if  admitted 
to  be  true,  or  not  denied  by  the  defendant, 
will  enable  the  court  to  grant  the  relief 
sought.  State  ex  rel.  Piper  v.  Gracey,  11 
Nev.  232. 

A  cause  of  action  is  stated  by  an  allega- 
tion of  the  facts,  and  the  alleged  amount  of 
damages  demanded.  Waters  v.  Stevenson, 
13  Nev.  165  (29  A.  E.  293). 

A  judgment  must  accord  with,  and  be 
sustained  by  the  pleadings  of  the  party  in 
whose  favor  it  is  rendered.  Marshall  v. 
Golden  Fleece  M.  Co.,  16  Nev.  156,  176. 

Cited,  Bose  v.  Eichmond  M.  Co.,  17  Nev. 
52(37  P.  1105,  affirmed  114  U.  S.  576); 
Gillson  v.  Price,  18  Nev.  116,  117  (1  P.  459). 

A  complaint  showing  a  good  cause  of 
action  is  not  bad  because  of  unnecessary 
averments  contained  in  it.  Orr  Water  Ditch 
Co.  v.  Eeno  Water  Co.,  19  Nev.  60,  65 
(6  P.  72). 

Cited,  Branson  v.  I.  W.  W.,  30  Nev.  285 
(95  P.  354). 

A  complaint  alleging  that  plaintiff  is  a 
subcontractor  for  the  erection  of  walls  of  a 
state  prison,  and  responsible  for  the  labor 
thereon;  that  defendant  (the  architect  for 
the  state)  had,  pursuant  to  an  agreement 
with  the  plaintiff  and  the  principal  con- 
tractor, received  from  the  state,  for  the  use 
and  benefit  of  plaintiff,  the  sum  of  fifteen 
thousand  dollars,  and  had  only  paid  out  on 
plaintiff's  account  ten  thousand  dollars,  and 
refused  to  pay  over  or  account  for  the 
remaining  five  thousand  dollars;  states  fact 
sufficient  to  constitute  a  cause  of  action. 
Eichardson  v.  Hoole,  13  Nev.  492. 

In  all  cases  where  there  is  nothing  remain- 
ing to  be  done  except  the  payment  of  money 
by  the  defendant,  the  plaintiff  may  declare 
generally  upon  the  common  counts;  a-nd  the 


facts  which  create  the  indebtedness  or  lia- 
bility need  not,  in  order  to  sustain  the 
count  of  money  had  and  received,  be  stated 
in  the  complaint.  White  Pine  Co.  Bank  v. 
Sadler,  19  Nev.  98  (6  P.  941). 

Upon  a  review  of  the  pleadings  in  an 
action  against  the  trustees  of  a  corporation 
for  levying  unnecessary  assessments  with 
intent  to  defraud  the  stockholders,  and  to 
have  the  assessments  declared  null  and  void, 
and  for  other  relief:  Held,  that  the  demur- 
rer to  the  complaint  was  properly  overruled; 
that  the  complaint  stated  the  cause  of  action 
against  the  Dersonal  defendant;  and  that 
the  corporation  was  a  ^roper  party  defend- 
ant. Marshall  v.  Golden  Fleece  M.  Co.,  16 
Nev.  157. 

If  the  plaintiff  is  the  owner  of  a  promis- 
sory note,  he  has  a  right  of  action  notwith- 
standing the  defendant  may  be  in  possession 
thereof. 

The  plaintiff's  want  of  possession  changes 
the  character  of  the  proof  to  be  introduced, 
but  not  the  character  of  the  pleadings. 

A  party  need  not  plead  the  loss  of  an 
instrument  to  be  allowed  to  introduce  sec- 
oudary  evidence  of  its  contents.  It  is  only 
necessary  to  prove  such  loss  on  trial. 

When  a  note  sued  on  is  in  possession  of 
defendant,  the  remedy  is  at  law.  MeClusky 
v.  Gerhauser,  2  Nev.  47. 

Corresponding  to  sec.  39,  of  the  act  of 
1869,  196,  cited,  State  v.  Northern  Belle  M. 
Co.,  12  Nev.  92. 

Under  this  section,  and  sec.  102,  matters 
in  abatement  or  bar  can  only  be  Set  up  in 
the  answer.  McKim  v.  District  Court,  33 
Nev.—  (110  P.  4). 

Where  the  answer  raises  a  question  pre- 
liminary to  the  right  of  a  court  to  determine 
the  merits,  it  is  proper  for  the  court  to 
first  determine  such  matters  before  con- 
sidering issues  going  to  the  merits.  Idem. 


5039.    Joinder  of  causes  of  action. 

SEC.  97.    The  plaintiff  may  unite  several  causes  of  action  in  the  same 
complaint,  when  they  all  arise  out  of : 

1.  Contracts,  express  or  implied;  or, 

2.  Claims  to  recover  specific  real  property,  with  or  without  damages  for 
the  withholding  thereof,  or  for  waste  committed  thereon,  and  the  rents 
and  profits  of  the  same ;  or, 

3.  Claims  to  recover  specific  personal  property,  with  or  without  damages 
for  the  withholding  thereof ;  or, 

4.  Claims  against  a  trustee,  by  virtue  of  a  contract,  or  by  operation  of 
law ;  or, 

5.  Injuries  to  character;  or, 

6.  Injuries  to  person;  or, 

7.  Injuries  to  property— 

but  the  causes  of  action  so  united  shall  all  belong  to  only  one  of  these 
classes  and  shall  affect  all  the  parties  to  the  action,  and  not  require  differ- 
ent places  of  trial,  and  shall  be  separately  stated ;  provided,  however,  that 
an  action  for  malicious  arrest  and  prosecution,  or  either  of  them,  may  be 
united  with  an  action  for  either  injury  to  character  or  to  the  person. 

Kerr,  C.  C.P.,427. 


1469  CIVIL  PRACTICE  Sec.  5040 

Notwithstanding    this    section    authorizes  revenue  law.     State  v.  Y.  J.  S.  M.  Co.,  14 

the  recovery  of  niesne  profits  and  damages  Nev.  237,  239,  241,  255-258,  261. 

for    waste    committed    on    the    premises    in  Cited,  Lake  v.  Lake,  17   Nev^  235(50  P. 

the  action  of  ejectment,  it  is  not  necessary  878). 

for  the  plaintiff  to  prove  damages  to  entitle  An   objection  that  the   several   causes   of 

him  to  recover  the  possession  of  the  prem-  action  set  out  in  the  complaint  are  not  sep- 

ises.      Dilley  v.  Sherman,  2  Nev.  69.  arately   stated,   is   waived   by  answering  to 

This  section  is  not  inconsistent  with  the  the    merits.     Gardner    v.    Gardner.    23    Nev. 

I'D 7.  211  (45  P.  139). 

CHAPTER  11 
DEMURRER  TO  COMPLAINT 

.->ii40.  Demurrer,  grounds  for.  .-,04:*.  Amended    complaint    to    be    served — 

•  )C41.    Demurrer  must  specify  grounds.  Answer — Default. 

."(142.   Det'emlaiit  may  demur,  or  demur  and       .~>044.  Objections     not     apparent     taken     by 
answer.  answer. 

.~»<>4.~).  Objections    not    taken,    what    cleemr.l 
waived. 

5040.    Demurrer,  grounds  for. 

SEC.  98.  The  defendant  may  demur  to  the  complaint  within  the  time 
required  in  the  summons  to  answer,  when  it  appears  upon  the  face  thereof, 
either : 

1.  That  the  court  has  no  jurisdiction  of  the  person  of  the  defendant,  or 
the  subject  of  the  action ;  or, 

2.  That  the  plaintiff  has  not  legal  capacity  to  sue ;  or, 

3.  That  there  is  another  action  pending  between  the  same  parties  for  the 
same  cause ;  or, 

4.  That  there  is  a  defect  or  mis  joinder  of  parties,  plaintiff  or  defend- 
ant; or, 

5.  That  several  causes  of  action  have  been  improperly  united ;  or, 

6.  That  the  complaint  does  not  state  facts  sufficient  to  constitute  a  cause 
of  action ;  or, 

7.  That  the  complaint  is  ambiguous,  unintelligible,  or  uncertain. 

K.-rr,  C.  C.P.,430. 

The  defendant  in  a  suit  brought  for  the  denied  the  motion  in  toto  and  left  the  par 

'•i»l lection    of   delinquent   taxes   has   a   right  ties  to  their  remedy  by  demurrer.     Branson 

to    interpose   a    demurrer    to   the   complaint  v.  I.  W.  W.,  30  Nev.  270,  292  (95  P.  354). 

upon    any  of  the  grounds  set  forth   in   this  For  further  authorities  on   demurrer,  see 

section    as   a   cause    of   demurrer.     State    v.  sec.  96  of  this  act. 

Y.  J.  S.  M.  Co.,  14  Nev.  220,  238,  239.  Demurrer  admits  truth  of  whatever  is  con 

The  district  court  has  jurisdiction  of  an  tainerl  in  complaint,  but  does  not  admit  neu 

action  involving  the  question  of  title  to  real  facts.     Van  Doren  v.  Tjader,  1  Nev.  380. 

property.     If  the  jurisdiction  is  irregularly  "Misjoinder  of  causes  of  action" — Action 

acquired,  objection  upon  this  question  can-  on    official    bond.      Cause   of   action    against 

not  be  raised  by  demurrer.  James  v.  Leport,  principal  and  sureties  cannot  be  united  with 

P.»  Xev.  175,  178  (8  P.  47).  cause  of  action  for  damages  against  princi- 

If  the  question  of  misjoinder  is  not  raised  pal  alone.    State  v.  Kruttschnitt,  4  Nev.  179. 

by  either  demurrer  or  answer,  it  is  waived.  Misjoinder    of    actions    cannot    be    taken 

Konnow  v.  Delume,  23  Nev.  33  (41  P.  1074).  advantage  of  on  general  demurrer.     Buhling 

A  complaint  which  is  ambiguous  in  respect  v.  Hackett,  1  Nev.  360. 

to  whether  the  cause  of  action  is  based  on  an  An  action  on  an  undertaking  given  to  the 
express  or  implied  contract  should  be  sheriff  upon  the  return  of  property  replev- 
attacked  on  the  seventh  ground  above  set  ined,  should  be  brought  in  the  name  of  the 
forth  and  not  by  general  demurrer.  Burgess  real  party  at  interest,  and  where  the  name 
v.  Helm,  24  Nev.  242  (51  P.  1025).  of  the  sheriff  was  joined  with  his  as  plain- 
It  is  error  in  an  action  against  a  volun-  tiff:  Held,  that  the  complaint  was  demurra 
tary  unincorporated  association  in  which  are  ble  for  misjoinder  of  parties.  McBeth  v. 
joined  a  few  natural  persons,  members  of  the  Van  Sickle,  6  Nev.  134. 

association,   to    represent    all    the    members,  The  proper  practice  when   a   demurrer  is 

to   grant  a   combined   motion   to   strike   the  overruled  is  to  give  time  to  replead.     Easta- 

complaint,  to  vacate  the  summons  and  annul  brook  v.  Upton,  1  Nev.  398. 

all  the  proceedings  of  the  cause  and  dismiss  A  joint  demurrer  may  be  sustained  as  to 

the  action  by  dismissing  only  as  to  the  asso-  one  defendant,  and  overruled  as  to  another, 

ciation   of  such,  since  the  court,  not  being  Wood  v.  Olney,  7  Nev.   109. 

able  to  grant  the  relief  asked,  should  have  When  an  answer  is  put  in  effective  onlv 

93 


See.  5041 


CIVIL  PRACTICE 


1470 


in  form,  plaintiff  should  demur  and  not  move 
for  judgment  on  the  pleadings.  He  cannot, 
by  moving  for  judgment  on  the  pleadings, 
deprive  defendant  of  the  right  to  amend. 
Gallagher  v.  Dunlap,  2  Nev.  326. 

If  a  complaint  states  a  substantial  allega- 
tion only  by  way  of  recital,  the  defect  should 
be  objected  to  specifically  and  cannot  be 
taken  advantage  of  on  general  demurrer. 

Where  a  demurrer  to  a  compiaint  was 
overruled  and  judgment  rendered  for  plain- 
tiff there  being  neither  showing  nor  sugges- 
tion of  a  defense  on  the  merits:  Held,  that 
the  defendant  was  not  entitled  as  a  matter 
of  absolute  right  to  answer. 

Where  a  demurrer  to  a  complaint  has 
been  overruled  an  entry  of  default  is  not 
a  prerequisite  to  the  rendition  of  judgment. 
Winter  v.  Winter,  8  Nev.  129,  130. 

To  file  answer  and  move  for  judgment  on 
pleadings  irregular;  must  be  sustained,  how- 
ever, when  complaint  is  fatally  defective  in 
not  stating  a  cause  of  action.  Lake  Bigler 
R,  Co.  v.  Bedford,  3  Nev.  399. 

When  a  pleading  contains  a  defective 
statement  of  a  cause  of  action,  as  distin- 
guished from  a  statement  of  a  defective 
cause  of  action,  the  defect,  if  relied  on  by 
the  opposite  party,  should  be  pointed  out  by 
demurrer,  so  as  to  afford  an  opportunity  to 
amend — neither  the  spirit  of  the  code  nor 
properly  speaking  its  practice  allowing  a 
substantial  right  to  be  cut  off  by  a  mere 
technical  judgment  without  giving  such 
opportunity.  Treadway  v.  Wilder,  8  Nev.  91. 

If,  instead  of  demurring,  advantage  be 
taken  of  a  defective  pleading  by  motion  for 
judgment,  the  court  should  permit  an  amend- 
ment of  the  pleading  where  an  amendment 
will  cover  the  defect  the  same  as  if  a 
demurrer  had  been  interposed.  Cal.  St.  Co. 
v.  Patterson,  1  Nev.  151. 

If  a  demurrant  wishes  to  take  advantage 


of  any  supposed  error  in  overruling  the 
demurrer  he  must  let  final  judgment  be 
entered  upon  it;  for,  if  he  shall  answer 
after  such  ruling,  he  waives  any  objection 
to  it,  except  the  two  radical  defects — want 
of  jurisdiction  and  failure  to  state  a  cause 
of  action.  Harden  v.  Emmons,  24  Nev.  329 
(53  P.  854). 

If  party  demur  for  nonjoinder  of  parties 
or  uncertainty,  he  must  let  final  judgment  be 
entered  on  demurrer.  If  he  answers,  he 
waives  right  to  rely  on  demurrer.  Lonkey 
v.  Wells,  16  Nev.  271;  Hammersmith  v. 
Avery,  18  Nev.  225;  Gardner  v.  Gardner,  23 
Nev.  207. 

A  defense  that  an  action  should  not  be 
maintained  for  the  reason  that  the  defend- 
ants were  authorized  to  commit  the  acts 
complained  of  by  general  law  of  the  state, 
should  be  taken  by  demurrer  and  not  by 
plea  in  abatement. 

A  defense  on  the  ground  of  a  defect  of 
parties  defendant  should  be  made  by  answer, 
and  not  by  plea  in  abatement.  Mandel- 
baum  v.  Russell,  4  Nev.  551. 

Misjoinder  of  actions  cannot  be  taken 
advantage  of  on  a  general  demurrer.  Ruh- 
ling  v.  Hackett,  1  Nev.  360. 

A  demurrer  for  "defect  of  parties  plain- 
tiff," or  "that  plaintiff  has  not  legal  capacity 
to  sue,"  will  not  reach  the  defect  of  a  pro- 
ceeding in  a  name,  as  plaintiff,  of  neither  a 
natural  or  artificial  person.  Proprietors  of 
Mexican  Mill  v.  Y.  J.  S.  M.  Co.,  4  Nev.  41, 
43  (97  A.  D.  510). 

The  demurrer  should  have  specified  dis- 
tinctly in  what  the  uncertainty  or  ambiguity 
or  want  of  clearness  consisted.  This  it 
wholly  fails  to  do,  and  ought  not,  therefore, 
to  be  considered.  Ferguson  v.  V.  &  T.  R.  R. 
Co.,  13  Nev.  187. 

See  McKim  v.  District  Court,  under  'sec. 
96  of  this  act. 


5041.    Demurrer,  must  specify  grounds. 

SEC.  99.  The  demurrer  shall  distinctly  specify  the  grounds  upon  which 
any  of  the  objections  to  the  complaint  are  taken.  Unless  it  do  so  it  may 
be  disregarded. 

Kerr,  C.C.P.,431. 

504*2.    Defendant  may  demur,  or  demur  and  answer. 

SEC.  100.  The  defendant  may  demur  to  the  whole  complaint,  or  to  one 
or  more  of  several  causes  of  action  stated  therein  and  answer  the  residue ; 
or  may  demur  and  answer  at  the  same  time. 

Kerr,  C.C.P.,431. 

5043.  Amended  complaint  to  be  served— Answer— Default. 

SEC.  101.  If  the  complaint  be  amended,  a  copy  of  the  amendment  shall 
be  filed,  or  the  court  may,  in  its  discretion,  require  the  complaint  as 
amended  to  be  filed,  and  a  copy  of  the  amendment  shall  be  served  upon 
every  defendant  to  be  affected  thereby,  or  upon  his  attorney,  if  he  has 
appeared  by  attorney.  The  defendant  shall  answer  in  such  time  as  may  be 
ordered  by  the  court,  and  judgment  by  default  may  be  entered  upon  failure 
to  answer,  as  in  other  cases. 

Kerr,  C.  C.P.,432. 

5044.  Objections  not  apparent  taken  by  answer. 

SEC.  102.    When  any  of  the  matters  enumerated  in  section  98  do  not 


1471 


CIVIL  PRACTICE 


See.  5046 


appear  upon  the  face  of  the  complaint,  the  objection  may  be  taken  by 
answer. 

Kerr,  C.  C.  P.,433. 

Cited,  Konnow  v.  Delmue.  23  Nev.  33  (41 
P.  1074). 

See  McKim  v.  District  Court,  under  sec. 
96  of  this  act. 


A  defense  on  the  ground  of  a  defect  of 
parties  defendant  should  be  made  by  answer, 
an. I  not  in  the  way  of  a  plea  in  abatement. 
Mandelbaum  v.  Russell,  4  Nev.  551,  556. 


5045.    Objections  not  taken,  what  deemed  waived. 

SEC.  103.  If  no  such  objection  is  taken,  either  by  demurrer  or  answer, 
the  defendant  shall  be  deemed  to  have  waived  the  same,  excepting  only  the 
objection  to  the  jurisdiction  of  the  court,  and  the  objection  that  the  com- 
plaint does  not  state  facts  sufficient  to  constitute  a  cause  of  action. 

Kt-rr.  C.  C.  I'. .4:54. 

<  ited,  Proprietors  Mexican  Mill  v.  Y.  J.  If  the  question  of  misjoinder  is  not  raised 

s.  M.  Co.,  4  Nev.  43  (97  A.  D.  510);  Howe  by  either  demurrer  or  answer,  it  is  waived. 

\.  I !«•  wo,  4  Nev.  472.  Ronnow  v.  Delmue,  23  Nev.  33  (41  P.  1074). 


CHAPTER  12 


ANSWER 


contain — Denial- 


.10.4.1;.  Answer,    what    to 
Counterclaim. 

•~<>47.  Counterclaim  defined. 

.'04  v  Effect    of    failure   to    set   up    counter- 
claim. 


5049.  Cross-demands  compensated  as  far  as 

equal. 

5050.  Several  defenses  allowed. 

5051.  Proceeding  when  new  party  necessary 

to  decision  on  counterclaim. 

5052.  Cross-complaint    against    codefendanti 

— Delay — Provisional  remedies. 

5040.    Answer,  what  to  contain— Denial— Counterclaim. 
SEC.  104.    The  answer  of  the  defendant  shall  contain : 

1.  If  the  complaint  be  verified,  a  special  denial  to  each  allegation  of  the 
complaint,  controverted  by  the  defendant,  or  a  denial  thereof  according 
to  his  information  and  belief;  if  the  complaint  be  not  verified,  then  a  gen- 
eral denial  to  each  of  such  allegations ;  but  a  general  denial  shall  only  put 
in  issue  the  material  and  express  allegations  of  the  complaint. 

2.  A  statement,  in  ordinary  and  concise  language,  of  any  new  matter  con- 
stituting a  defense  or  counterclaim. 

Kerr,  C.  C.  P.,  437. 

An  answer  in  which  an  officer  attempts  to 
justify  his  seizure  under  execution  should 
not  only  set  out  the  execution  but  also  the 
judgment  on  which  it  is  founded,  and  show 
distinctly  that  defendant  is  an  officer  prop- 
erly acting  under  such  execution.  McDon- 
ald v.  Prescott,  2  Nev.  109. 

The  answer  must  be  direct  and  not  argu- 
mentative. Gallagher  v.  Dunlap,  2  Nev.  326. 

The  answer  may  be  stricken  out  when 
frivolous  or  not  verified  when  it  should  be, 
and  judgment  may  be  rendered  on  complaint 
if  defect  is  not  cured  in  reasonable  time. 
Lehane  v.  Keyes,  2  Nev.  361. 

t'nder  our  practice  an  equitable  defense 
may  be  set  up  to  an  action  at  law,  and  in 
this  way  the  common  law  and  chancery 
practice  become  to  some  extent  blended  in 
the  same  case.  Lucich  v.  Medin,  3  Nev.  99 
(93  A.  D.  376). 


The  answer  may  be  held  to  aid  the  com- 
plaint and  sustain  the  action.  Hawthorne 
v.  Smith,  3  Nev.  182. 

Xew  matter  in  avoidance  of  prima  facie 

should    be    specially    pleaded,    and    no 

proof  of  such  facts  can  be  had  unless  spe- 


cially pleaded.  Horton  v.  Euhling,  3  Nev. 
498. 

All  mere  formal  objections  to  a  complaint 
are  waived  by  a  plea  of  confession  and 
avoidance.  McManus  v.  Ophir  S.  M.  Co.,  4 
Nev.  15. 

In  an  action  for  the  conversion  of  chat- 
tels alleged  by  plaintiff  to  be  of  a  certain 
value,  defendant  denied  that  they  were  of 
such  value  or  of  any  greater  value  than  a 
certain  less  sum  named:  Held,  that  this 
was  an  admission  that  they  were  worth  the 
less  sum  named. 

Where  a  fact  is  admitted  by  the  plead- 
ings, there  is  no  necessity  of  proof  upon  the 
point.  Carlyon  v.  Lannan,  4  Nev.  156. 

A  general  denial  in  an  answer  which  is 
required  to  be  verified  is  inoperative;  the 
very  object  of  putting  a  defendant  on  his 
oath  being  to  have  a  specific  answer  on  his 
conscience  as  to  each  separate  allegation  of 
the  complaint.  State  v.  W.  U.  T.  Co.,  4 
Nev.  338. 

A  defendant  claiming  affirmative  relief 
must  plead  as  fully  as  if  he  were  a  plaintiff. 
Eose  v.  Treadway,  4  Nev.  455. 


Sec.  5047 


CIVIL  PRACTICE 


1472 


All  affirmative  matter  in  an  answer  is 
taken  as  denied.  Cahill  v.  Hirschman,  6  Nev. 
57. 

An  estoppel  cannot  be  proved  if  it  be  not 
sufficiently  pleaded.  Sharon  v.  Minnock,  6 
Nev.  378. 

As  "new  matter"  is  matter  in  confession 
and  avoidance,  such  as  cannot  be  intro- 
duced in  evidence  under  an  answer  simply 
denying  the  allegations  of  the  complaint, 
it  follows  that  in  an  action  on  a  contract, 
it  is  not  proving  new  matter  for  the 
defendant  to  show  that  there  are  other 
terms  in  the  contract  relied  on  besides  those 
shown  by  plaintiff,  whether  such  proof  be 
calculated  to  defeat  the  action  or  only  to 
reduce  the  damages.  Ferguson  v.  Ruther- 
ford, 7  Nev.  385. 

Where  a  complaint  in  replevin  alleged  the 
value  of  the  property  taken  to  be  five  hun- 
dred and  seventy  dollars,  and  the  answer 
denied  "that  the  property  and  the  complaint 
described  is  or  was  of  the  value  of  five  hun- 
dred and  seventy  dollars";  and  the  court, 
without  any  testimony  on  the  subject,  found 
the  value  as  alleged:  Held,  that  the  plead- 
ings justified  a  finding  of  any  sum  less  than 
five  hundred  and  seventy  dollars,  and  that, 
if  by  finding  that  exact  amount,  any  error 
occurred,  it  was  of  that  infinitesimal  charac- 
ter which  could  do  no  injury.  Blackie  v. 
Cooney,  8  Nev.  41. 

Where  a  complaint  is  of  an  equitable 
nature,  such  as  in  a  suit  to  quiet  title  to  the 
use  of  water,  the  mere  fact  that  the  answer 
raises  questions  as  to  the  plaintiff's  title 
does  not  destroy  the  equitable  character  of 
the  action.  Lake  v.  Tolles,  8  Nev.  285. 

Where  the  complaint  alleges  that  the 
defendant  agreed  to  pay  plaintiff  four  dol- 
lars per  day  for  his  services,  and  the  answer 
does  not  deny  that  allegation,  no  issue  is 
presented  by  the  pleading  as  to  the  value  of 


plaintiff's  services.  Smith  v.  Lee,  10  Xev. 
208. 

Where  a  defendant  relies  upon  the 
defense  of  estoppel  he  must,  in  his  answer, 
allege  the  facts  constituting  the  estoppel. 
Hansen  v.  Chiatovich,  13  Nev.  395. 

Cited,  Gillson  v.  Price,  18  Nev.  117. 

In  an  action  for  possession  of  a  schooner 
alleged  to  have  been  wrongfully  detained 
by  defendant,  together  with  damages  for  its 
detention,  a  claim  for  services  rendered  by 
defendant  in  caring  for  such  schooner,  not 
exceeding  the  amount  of  damages  demanded, 
is  connected  with  the  subject-matter  of  the 
action,  and  is  a  proper  counterclaim,  though 
on  the  trial  plaintiff  fails  to  recover  any 
damages.  Lapham  v.  Osborne,  20  Nev.  168 
(18  P.  881). 

In  an  action  to  recover  delinquent  taxes 
and  penalties,  an  answer  denying  a  »posses- 
sory  claim  to  the  lands  and  stating  facts 
showing  that  the  rights  claimed  are  untax- 
able,  presents  a  good  defense,  although  it 
does  not  deny  all  claim,  title  or  interest  in 
the  property  assessed.  State  v.  C.  P.  R.  E. 
Co.,  21  Nev.  94  (25  P.  442). 

A  party  that  relies  on  an  equitable  defense 
to  an  action  of  ejectment  must  set  up  in  his 
answer  the  facts  constituting  the  same  or 
it  •will  not  be  considered.  Brady  v.  Husby, 

21  Nev.  453  (33  P.  801). 

The  defendant  can  set  up  an  equitable 
defense  to  an  action  for  the  possession  of 
lands,  and  as  to  such  defense  the  case  is  to 
be  tried  in  the  same  manner  and  upon  the 
same  principles  as  apply  to  an  original 
bill  in  equity.  South  End  M.  Co.  v.  Tiimev. 

22  Nev.  19  (35  P.  89). 

Where,  by  the  language  of  an  answer,  it 
was  evidently  intended  to  set  up  a  prescrip- 
tive title  in  defendants,  and  the  cause  is 
tried  without  objection  to  its  sufficiency,  all 
objections  to  it  have  been  waived.  Authors 


v.  Bryant,  22  Nev.  242  (38  P.  439). 

5047.    Counterclaim  defined. 

SEC.  105.  The  counterclaim  mentioned  in  the  last  section  shall  be  one 
existing  in  favor  of  the  defendant  and  against  a  plaintiff,  between  whom  a 
several  judgment  might  be  had  in  the  action,  and  arising  out  of  one  of  the 
following  causes  of  action : 

1.  A  cause  of  action  arising  out  of  the  transaction  set  forth  in  the  com- 
plaint as  the  foundation  of  the  plaintiff's  claim,  or  connected  with  the 
subject  of  the  action. 

2.  In  an  action  arising  upon  contract,  any  other  cause  of  action  arising 
also  upon  contract  and  existing  at  the  commencement  of  the  action. 

Kerr,  C.C.  P.,  438;  see  Kerr,  C.  C.  P.,  sees.  439-440. 

A  counterclaim  arising  upon  contract  can-  In   an   action   arising  upon   contract,   any 

not  be  pleaded  by  a  defendant  to  an  action  other  cause  of  action  arising  also  upon  con- 
brought  to  recover  damages  for  a  trespass. 
Nor  can  unliquidated  damages  arising  out  of 
a  tort  be  pleaded  as  a  counterclaim  in  an 
action  brought  upon  contract.  Knicker- 
bocker &  N.  S.  M.  Co.  v.  Hall,  3  Nev.  198. 

The  defendant,  alleging  a  counterclaim, 
must  establish  it  to  the  satisfaction  of  the 
jury  by  a  preponderance  of  evidence.  Mar- 


fa  roli  v.  Milligan,  11  Nev.  96. 


tract  and  existing  at  the  time  of  the  com- 
mencement of  the  action  is  a  good  counter- 
claim. Foulkes  v.  Rhodes,  12  Nev.  225,  232. 
A  demand  of  one  of  several  defendants 
cannot  be  pleaded  as  a  counterclaim  to  a 
demand  upon  which  they  are  jointly  liable 
unless  there  is  an  agreement  that  it  shall  so 
operate.  Davis  v.  Noteware,  13  Nev.  423,  42.°,. 


1473 


CIVIL  PRACTICE 


Sec,  5053 


Lapham  v.  Osborne,  20  Nev.  168,  171  facts  alleged   in   the  answer   did  not  eoiisti- 

>  P.  881),  under  last  preceding  section.  tute    a    proper  •  counterclaim,    constitutes    a 

Plaintiff's    failure   to    object   in   the   trial  waiver   of  his   objection   thereto.     Enm-r    \. 

ccurt    by    demurrer    or    otherwise    that    the  Raine,  27  Nev.  178,  214  (74  P.  1). 

5048.  Effect  of  failure  to  set  up  counterclaim. 

SEC.  106.  If  the  defendant  omit  to  set  up  a  counterclaim  in  the  cases 
mentioned  in  the  first  subdivision  of  the  next  preceding  section,  neither 
he  nor  his  assignee  can  afterward  maintain  an  action  against  the  plaintiff 
therefor. 

Kerr,  C.  C.  P.,  439. 

5049.  Cross-demands  compensated  as  far  as  equal. 

SEC.  107.  When  cross-demands  have  existed  between  persons  under 
such  circumstances  that  if  one  had  brought  an  action  against  the  other  a 
counterclaim  could  have  been  set  up,  neither  shall  be  deprived  of  the 
benefit  thereof  by  the  assignment  or  death  of  the  other,  but  the  two 
demands  shall  be  deemed  compensation,  so  far  as  they  equal  each  other. 

Kerr,  C.  C.  P.,  440. 

OU50.    Several  defenses  allowed. 

SEC.  108.  The  defendant  may  set  forth  by  answer  as  many  defenses  and 
counterclaims  as  he  may  have.  They  shall  each  be  separately  stated,  and 
the  several  defenses  shall  refer  to  the  causes  of  action  which  they 
are  intended  to  answer  in  a  manner  in  which  they  may  be  intelligibly 
distinguished. 

Kerr,  C.  C.  P. ,441. 

Cited,  Perkins  v.  Barnes,  3  Nev.  .">(>« i. 

5051.  Proceeding  when  new  party  necessary  to  decision  on  counterclaim. 
SEC.  109.    When  a  new  party  is  necessary  to  a  final  decision  upon  a 

counterclaim,  the  court  may  either  permit  such  party  to  be  made,  or  direct 
that  the  counterclaim  be  stricken  out  of  the  answer  and  made  the  subject 
of  a  separate  action. 

I«.wa,  McOlain's  An.  C.  3868;  Kansas  (1889),  4180;  Utah,  2973. 

5052.  Cross-complaint  against  codefendants  —  Delay— Provisional  rem- 

edies. 

SEC.  110.  When  a  defendant  has  a  cause  of  action  affecting  the  subject- 
matter  of  the  action  against  a  codefendant,  he  may,  in  the  same  action,  file 
a  cross-complaint  against  the  codefendant.  The  defendant  thereto  may  be 
served  as  in  other  cases,  and  defense  thereto  shall  be  made  in  the  time  and 
manner  prescribed  in  regard  to  the  original  complaint,  and  if  such  defend- 
ant file  an  answer  to  the  cross-complaint  a  reply  may  be  filed  and  served  in 
time  and  manner  as  in  the  case  of  a  reply  to  an  answer  to  the  original  com- 
plaint, and  with  the  same  right  of  obtaining  provisional  remedies  applicable 
to  the  case.  The  prosecution  of  the  cross-complaint  shall  not  delay  the 
trial  of  the  original  action  unless  the  court  otherwise  direct. 

Kerr,  C.  C.  P., 442;  Utah,  2974;  Iowa,  McClain's  An.  C.  3869. 

CHAPTER  13 
DEMURRER  TO  ANSWER 


Grounds  of  demurrer  to  answer.  5055.  Idem  —  How    taken  —  Demurrer     and 

5054.  Grounds  of  demurrer  to  counterclaim.  reply — Grounds    specified. 

5056.  Objections  taken  by  reply — Not  taken, 
deemed  waived — Exceptions. 

5058.    ( i rounds  of  demurrer  to  answer. 

SEC.  111.     The  plaintiff  may,  within  ten  days  after  the  service  of  the 


Sec,  5054  CIVIL  PRACTICE  1474 

answer,  demur  to  the  same  or  any  defense  therein,  upon  one  or  more  of  the 
following  grounds : 

1.  That  several  causes  of  counterclaim  have  been  improperly  joined; 

2.  That  the  answer  does  not  state  facts  sufficient  to  constitute  a  defense ; 

3.  That  the  answer  is  ambiguous,  unintelligible,  or  uncertain. 

Kerr,  C.C.P.,443,  444. 

5054.  Grounds  of  demurrer  to  counterclaim'. 

SEC.  112.  The  plaintiff  may  also  demur  to  a  counterclaim  where  one  or 
more  of  the  following  objections  thereto  appear  upon  the  face  of  the 
counterclaim : 

1.  That  the  court  has  not  jurisdiction  of  the  subject  thereof; 

2.  That  the  defendant  has  not  legal  capacity  to  maintain  the  same ; 

3.  That  there  is  another  action  pending  between  the  same  parties  for  the 
same  cause ; 

4.  That  there  is  a  defect  or  mis  joinder  of  parties ; 

5.  That  the  counterclaim  does  not  state  facts  sufficient  to  constitute  a 
cause  of  action  ; 

6.  Because  the  cause  of  action  stated  is  not  pleadable  as  a  counterclaim 
to  the  action ; 

7.  Because  it  is  ambiguous,  unintelligible  or  uncertain. 

Mont,  Civ.  P.  714;  Utah,  2977. 

5055.  Idem— How  taken— Demurrer  and  reply— Grounds  specified. 

SEC.  113.  Such  demurrer  may  be  taken  to  the  whole  answer,  or  to  any 
of  the  alleged  defenses  or  counterclaims  therein;  and  the  plaintiff  may 
demur  to  one  or  more  of  the  several  defenses  and  counterclaims,  and  reply 
to  the  residue  of  the  counterclaims.  The  demurrer  shall  distinctly  specify 
the  grounds  of  objection  taken,  and  when  to  a  counterclaim,  in  a  similar 
manner  to  that  required  in  a  demurrer  to  the  complaint ;  otherwise,  it  may 
be  stricken  out. 

Mont.  Civ.  P.,  712,  715;  Utah,  2978. 

5056.  Objections  taken  by  reply— Not  taken,  deemed  waived— Exceptions. 
SEC.  114.    When  any  of  the  objections  to  a  counterclaim  mentioned  in 

sections  111  and  112,  do  not  appear  upon  the  face  of  the  answer,  the  objec- 
tion may  be  taken  by  reply.  If  not  so  taken,  either  by  the  demurrer  or 
reply,  the  plaintiff  shall  be  deemed  to  have  waived  the  same,  excepting  only 
the  objection  to  the  jurisdiction  of  the  court,  and  the  objection  that  the 
counterclaim  does  not  state  facts  sufficient  to  constitute  a  cause  of  action. 

Kerr,  C.  C.  P.,  433,  434;  Utah,  2979. 

CHAPTER  14 

REPLY 

5057.  Reply  to  counterclaim,  what  to  contain— When  filed  and  served. 
SEC.  115.    There  shall  be  no  reply  except: 

1.  Where  a  counterclaim  is  alleged ;    or, 

2.  Where  some  matter  is  alleged  in  the  answer  to  which  the  plaintiff 
claims  to  have  a  defense,  by  reason  of  the  existence  of  some  fact  which 
avoids  the  matter  alleged  in  the  answer.    When  a  reply  must  be  filed,  it 
shall  be  served  and  filed  within  ten  days  after  the  service  of  the  answer 
or  of  notice  of  the  overruling  of  a  demurrer,  and  it  shall  consist  of : 

First — A  specific  denial  of  each  allegation  or  counterclaim  controverted, 
or  a  denial  on  information  and  belief;  or, 

Second — Any  new  matter  not  inconsistent  with  the  complaint  constitut- 
ing a  defense  to  the  matter  alleged  in  the  answer;  or  the  matter  in  the 


1475  CIVIL  PRACTICE  Sec.  5063 

answer  may  be  confessed,  and  any  new  matter  alleged,  not  inconsistent 
with  the  complaint,  which  avoids  the  same. 

Mont.  Civ.  P.,  720;  Utah,  2980. 

\^ 

5058.    Failure  to  demur  or  reply  admits  counterclaim. 

SEC.  116.     If  the  plaintiff  fails  to  demur  or  reply  to  the  counterclaim, 
the  same  shall  be  deemed  admitted. 


.  Civ.  I1.,  722;  Utah,  2981. 

5059.    Demurrer  to  reply  for  insufficiency. 

SEC.  117.  The  defendant  may,  within  ten  days,  demur  to  the  reply,  or 
any  defense  therein,  when  upon  the  face  thereof  it  does  not  state  facts 
sufficient  to  constitute  a  defense,  stating  such  grounds. 

.Mont.  Civ.  P.,  723;  Hal.,  2«)S2. 

CHAPTER  15 
VERIFICATION 

."(Kin.  l'leuilin«j;s  to  be  subscribed  —  When  to       ."iix;::.    Ivt'ense,    written    instrument  —  Excep- 

be  verified.  tion  to  rules. 

."mil.    Verification,  when  may  be  omitted.  5064.  Verification  of  pleadings,  how  and  by 

.luiii'.    Written     instrument  —  When     deemed  whom    made  —  Actions  on  behalf  of 

admitted.  Mate  by  attorney-general  need  not 

be  verified. 

5IMJO.     Pleadings  to  hr  subscribed—  When  to  be  verified. 

SEC.  118.  Every  pleading  shall  be  subscribed  by  the  party  or  his  attor- 
ney, and  when  the  complaint  is  verified  by  affidavit  the  answer  and  reply 
shall  be  verified  also,  except  as  provided  in  the  next  section. 

Kerr,  C.  C.  l'.,44<>. 

cited,  Marshall  v.  Golden  Fleece  M.  Co.,       unquestionably  true.     Parties   doing   so  lay 

16  Nev.  176.  themselves    liable    to    the    penalties    of    the 

A    verified  answer  should  not  deny  facts       criminal  law.     Boeder  v.  Stein,  23  Nev.  92 

(42  P.  867). 

5061.  Verification,  when  may  b<*  omitted. 

SEC.  119.  The  verification  of  the  answer  or  reply  required  in  the  last 
section  may  be  omitted  when  an  admission  of  the  truth  of  the  complaint 
or  answer,  as  the  case  may  be,  might  subject  the  party  to  prosecution  for 
felony. 

Kerr,  C.  C.  P.,44<>. 

5062.  Written  instrument—  AYlien  deemed  admitted. 

SEC.  120.  When  an  action  is  brought  upon  a  written  instrument,  and  the 
complaint  contains  a  copy  of  such  instrument,  or  a  copy  is  annexed  thereto, 
the  genuineness  and  due  execution  of  such  instrument  shall  be  deemed 
admitted,  unless  the  answer  denying  the  same  be  verified. 

Kerr,  C.  C.  P.,  447,  449. 

5063.  Defense,  written  instrument—  Exception  to  rules. 

SEC.  121.  When  the  defense  to  an  action  is  founded  upon  a  written 
instrument,  and  a  copy  thereof  is  contained  in  a  verified  answer,  or  a  copy 
is  annexed  thereto,  the  genuineness  and  due  execution  of  such  instrument 
shall  be  deemed  admitted,  unless  the  plaintiff  file  with  the  clerk,  ten  days 
after  the  service  of  the  answer,  an  affidavit  denying  the  same;  provided, 
the  execution  of  the  instrument  is  not  deemed  admitted  by  a  failure  to  deny 
the  same  under  oath,  if  the  party  desiring  to  controvert  the  same  is,  upon 
demand,  refused.  an  inspection  of  the  original.  Such  demand  must  be  in 
writing,  served  by  copy,  upon  the  adverse  party  or  his  attorney,  and  filed 
with  the  papers  in  the  case. 

Kerr,  C.  C.  P.,  448,  449. 


Sec.  5064  CIVIL  PRACTICE  1476 

This  section  is  in  part  similar  to  section  parties,  and  did  not  purport  to  be  a  com- 

54,  Stats.  1869,  204,  which  has  had  the  fol-  plete  instrument,  plaintiff  was  not  required 

lowing  citation:  to  file  an  affidavit  denying  its  execution  and 

Where  a   contract  set  up  in   defendant's  genuineness.     Tonopah  Lumber  Co.  v.  Riley, 

answer  did  not  appear  upon  its  face  to  have  30  Nev.  312,  318  (95  P.  1001). 
been    signed   or   executed   by   either    of   the 

5064.  Verification  of  pleadings,  how  and  by  whom  made— Actions  on 

behalf  of  state  by  attorney-general  need  not  be  verified. 
SEC.  122.  In  all  cases  of  the  verification  of  a  pleading,  the  affidavit  of 
the  party  shall  state  that  the  same  is  true  of  his  own  knowledge,  except  as 
to  the  matters  which  are  therein  stated  on  his  information  and  belief,  and 
as  to  those  matters,  that  he  believes  it  to  be  true.  And  where  a  pleading  is 
verified,  it  shall  be  by  the  affidavit  of  the  party,  unless  he  be  absent  from 
the  county  where  the  attorneys  reside,  or  from  some  cause  unable  to  verify 
it,  or  the  facts  are  within  the  knowledge  of  his  attorney  or  other  person 
verifying  the  same.  When  the  pleading  is  verified  by  the  attorney,  or  any 
other  person  except  the  party,  he  shall  set  forth  in  the  affidavit  the  reasons 
why  it  is  not  made  by  the  party.  When  a  corporation  is  a  party,  the  veri- 
fication may  be  made  by  any  officer  thereof;  or  when  the  state,  or  any 
officer  thereof  in  its  behalf,  is  a  party,  the  verification  may  be  made  by  any 
person  acquainted  with  the  facts ;  except  that  in  actions  prosecuted  by  the 
attorney-general,  in  behalf  of  the  state,  the  pleadings  need  not,  in  any  case, 
be  verified. 

Kerr,  C.  C.P.,44G. 

Where  there  is  a  defective  verification  of  are  made  positively,  and  no  averments 

an  answer,  the  defendant  should  be  allowed  stated  upon  information  or  belief,  a  veri- 

to  correct  the  error  if  he  desires  to  do  so.  fication,  which  omits  the  words  "except  as 

Heintzelman  v.  L'Amoroux,  3  Nev.  377-379.  to  those  matters  which  are  therein  stated  on 

The  verification  to  a  petition  for  man-  his  information  and  belief  and  as  to  those 
damus  in  the  form  of  a  jurat  to  ordinary  matters  he  believes  it  to  be  true,"  but  other- 
affidavits  is  sufficient.  State  ex  rel.  Sears  v.  wise  follows  the  form  prescribed  by  statute, 
Wright,  10  Nev.  167,  172.  is  sufficient.  Kelly  v.  Kelly,  18  Nev.  49 

When    the    allegations    of    the    complaint  (51  A.  K.  732,  1  P.  194). 

CHAPTER  16 

GENERAL  RULES  OF  PLEADING 

5065.  Pleadings  liberally  construed.  5073.  Libel  or  slander,  how  pleaded — Proof. 

5066.  Errors,  not  substantial,  disregarded.  5074.  Idem — Truth    and    mitigating    circum- 

5067.  Sham   and   irrelevant   matter   may   be  stances — Evidence. 

stricken  out — Bill  of  particulars.  5075.  Allegations  not  controverted  taken  as 

5068.  Account,  how  pleaded — Copy  furnished,  true — Exception. 

when.  5076.  Supplemental   complaint,   answer,   and 

5069.  Description  of  real  property  in  plead-  reply. 

ing.  5077.  Pleadings  after  complaint  to  be  filed 

5070.  Judgment,  how  pleaded — Proof.  and  served. 

5071.  Conditions    precedent,    how    pleaded —       5078.  Corporation,    partnership,    representa- 

Proof.  tive  capacity  pleaded  generally. 

5072.  Private  statutes,  how  pleaded.  5079.  Corporate  existence  need  not'be  proved 

unless  denied. 

5065.    Pleadings  liberally  construed. 

SEC.  123.  In  the  construction  of  a  pleading  for  the  purpose  of  determin- 
ing its  effect,  its  allegations  shall  be  liberally  construed,  with  a  view  to 
substantial  justice  between  the  parties. 

Kerr,  C.C.P.,452. 

Cited,  Howard  v.  Bichards,  2  Nev.  132  bocker  G.  &  S.  Mining  Co.  v.  Hall,  3  Nev. 

(89  A.  D.  520).  199. 

Because,  under  our  practice,  the  pleadings  This  and  the  following  section  have  lib- 
are  to  be  liberally  construed,  with  a  view  to  eralized  the  rules  of  construction  appli- 
substantial  justice  between  the  parties,  it  cable  to  pleadings  so  as  not  only  to  embrace 
does  not  follow  that  the  substantial  rules  of  the  whole  of  the  English  statutes  of  jeofails 
pleading  can  be  disregarded.  Knicker-  and  amendments,  but  to  go  somewhat 


1477 

Ilievon 
Nov. 
A 
eallin 


CIVIL  PRACTICE 


Sec.  5066 


beyond.     McManus    v.    Ophir    S.    M.    Co.,    4 
Nev.  15. 

A  petition  for  mandamus  to  compel  the 
calling  of  a  first  annual  meeting  of  the 
stockholders  of  a  mining  corporation  for 
the  election  of  the  second  board  of  trustees 
alleged  that  such  meeting  should  have  been 
held  on  a  certain  day  two  months  before; 
that  it  was  not  called  or  held;  that  in  con- 
sequence of  failure  to  call  it  the  petitioner 
requested  the  incumbent  board  of  trus- 
tees,  in  writing,  to  call  such  meeting,  at  as 
early  a  day  as  practicable,  and  that  the 
incumbent  board  refused,  and  continued  to 
refuse  ,to  call  such  meeting,  or  any  meet- 
ing, for  the  election  of  trustees:  Held,  that 
tin  nigh  as  a  pleading  the  petition  might 
have  been  more  explicit  on  the  point  that 
no  election  had  been  held,  it  was  not  so 
defective  as  to  warrant  a  refusal  of  the 
writ  on  the  ground  of  showing  of  that  fact. 


Flagg  v.  Board  of  Trustees,  4  Nev.  401,  408. 

The  old  common-law  rule,  that  a  plead- 
ing must  be  construed  most  strongly  against 
the  pleader,  is  replaced  by  the  broader,  more 
sensible  and  just  rule  of  the  code,  that  it 
shall  be  liberally  construed  with  a  view  to 
substantial  justice  between  the  parties. 
State  v.  C.  P.  E.  E.  Co.,  7  Nev.  99,  103. 

This  section  applies  merely  to  the  con- 
struction of  the  language  and  the  terms 
used,  and  has  no  reference  to  the  question 
of  the  sufficiency  of  the  facts  or  matters  of 
substance.  It  is  to  be  applied,  as  was  the 
rule  under  the  old  system,  mainly  where 
words  are  equivocal  and  terms  and  expres- 
sions are  capable  of  different  meanings. 
State  ex  rel.  Piper  v.  Gracey,  11  Nev.  232. 

The  rule  of  construing  pleadings  most 
strongly  against  the  pleader  has  been 
changed  by  this  section.  Ferguson  v.  V.  & 
T.  E.  E.  Co.,  13  Nev.  184,  191. 


5066.    Errors,  not  substantial,  disregarded. 

SEC.  124.  The  court  shall,  in  every  stage  of  an  action,  disregard  any 
error  or  defect  in  the  pleadings  or  proceedings,  which  shall  not  affect  the 
substantial  rights  of  the  parties;  and  no  judgment  shall  be  reversed  or 
affected  by  reason  of  such  error  or  defect. 

Kerr,  C.  C.  P.,47:>. 


i  ited,  Levey  v.  Fargo,  1  Nev.  418. 

Where  a  complaint  in  the  nature  of  a  bill 
in  equity  sets  out  distinctly  most  of  the 
tacts  necessary  to  entitle  the  plaintiff  to  the 
relief'  sought,  but  omits  one  or  two  material 
allegations  or  facts,  and  these  facts  are 
«  learly  stated  and  admitted  in  the  answer, 
the  answer  may  be  held  to  aid  the  complaint 
and  sustain  the  action.  Hawthorne  v.  Smith, 

3  Xev.  182,  190   (93  A.  D.  397). 

See  McManus  v.  Ophir  M.  Co.,  4  Nev.  15, 
under  preceding  section. 

<  ited,  Harper  v.  Mallory,  4  Nev.  454. 

Construction  of  pleading  in  petition  for 
mandamus.  Flagg  v.  Lady  Brvan  M.  Co., 

4  Xev.  401. 

After  issue  has  been  joined  and  a  deci- 
sion rendered  upon  the  merits,  it  is  the  duty 
of  appellate  courts  to  support  the  pleadings 
by  every  legal  intendment  if  there  is  noth- 
ing material  in  the  record  to  prevent  it. 
skyrme  v.  Occidental  M.  and  M.  Co.,  8  Nev. 
228. 

The  general  tendency  of  the  decisions 
is  to  look  with  disfavor  upon  mere  technical 
objections  which  relate  solely  to  the  form  of 
the  process  or  proceedings,  especially  where 
it  is  apparent  that  the  error  is  one  which 
has  caused  no  substantial  injury  to  the 
complaining  party.  Sweeney  v.  Schultes,  19 
Nev.  58  (6  P.  44). 

The  omission  in  the  notice  in  the  sum- 
mons of  the  amount  for  which  plaintiff  will 
take  judgment  on  failure  to  answer,  when  a 
certified  copy  of  the  complaint  served  with 
the  summons  states  the  amount,  if  it  be  an 
error,  is  not  one  affecting  any  substantial 
right,  and  the  court  should,  in  every  stage 
of  the  proceedings,  disregard  it.  Higley  v. 
Pollock,  21  Nev.  198,  207  (27  P.  895). 

The  rule   of  construing  proceedings  most 


strongly  against  the  pleader  has  been 
changed.  For  the  purpose  of  determining 
its  effect,  a  pleading  should  be  liberally  con- 
strued. Ferguson  v.  V.  &  T.  E.  E.  Co.,  13 
Nev.  184. 

Technical  error  to  be  disregarded,  notice 
not  properly  served  but  purpose  accom- 
plished. Lake  v.  Lake,  16  Nev.  363. 

Where  no  substantial  right  of  the  appel- 
lant can  possibly  be  affected  by  an  error 
occurring  in  the  lower  court,  both  law  and 
common  sense  require  courts  to  disregard 
such  error.  Prezeau  v.  Spooner,  22  Nev.  88, 
91  (35  P.  514). 

Cited,  Burgess  v.  Helm,  24  Nev.  249  (51 
P.  1025). 

It  was  held,  under  this  section,  where 
plaintiff  and  others,  several  owners  of  differ- 
ent lots,  sued  for  the  diversion  of  waters 
therefrom  and  a  demurrer  for  misjoinder  of 
parties  and  causes  of  action  was  sustained, 
it  was  improper  to  strike  out  plaintiff's 
amended  complaint  in  which  he  sued  alone; 
the  allegations  of  the  amended  complaint 
relating  alon.e  to  property,  acts  and  matters 
set  out  in  the  original  complaint,  and  both 
demanding  damages  and  general  relief. 
Smith  v.  Wells  Estate  Co.,  29  Nev.  411,  419 
(91  P.  315). 

See  Branson  v.  I.  W.  W.,  30  Nev.  270,  293 
(95  P.  354)  under  section  98  of  this  act. 

Cited,  Hoffman  v.  Owens,  31  Nev.  484  (103 
P.  414). 

A  recognizance  reciting  that  "an  indict- 
ment having  been  found  charging  W.  with 
the  crime  of  uttering  and  passing  false 
paper,"  sufficiently  designates  the  crime 
without  stating  that  the  false  paper  was 
passed  with  intent  to  defraud.  State  v. 
O'Keefe,  32  Nev.  331  (108  P.  2). 


Sec.  5067  CIVIL  PRACTICE  1478 

5067.  Sham  and  irrelevant  matter  may  be  stricken  out,  when— Bill  of  par- 

ticulars. 

SEC.  125.  Sham  and  irrelevant  answers  and  replies  and  so  much  of  any 
pleading  as  may  be  irrelevant,  redundant  or  immaterial,  may  be  stricken 
put  on  motion,  and  upon  such  terms  as  the  court,  in  its  discretion,  may 
impose.  When  any  pleading  is  too  general  in  its  terms  to  be  readily  under- 
stood, the  court  may,  on  motion,  require  the  same  to  be  made  more  specific 
and  certain,  or  may  require  a  bill  of  particulars  to  be  filed  therewith. 

Kerr,  C.  C.P.,453. 

5068.  Account,  how  pleaded— Copy  furnished,  when. 

SEC.  126.  It  shall  not  be  necessary  for  a  party  to  set  forth  in  a  pleading 
the  items  of  an  account  therein  alleged,  but  he  shall  deliver  to  the  adverse 
party  within  five  days  after  a  demand  thereof,  in  writing,  a  copy  of  the 
account,  or  be  precluded  from  giving  evidence  thereof.  The  court,  or  a 
judge  thereof,  may  order  a  further  account  when  the  one  delivered  is  too 
general,  or  is  defective  in  any  particular. 

Kerr,  C.C.P.,454. 

5069.  Description  of  real  property  in  pleading. 

SEC.  127.  In  an  action  for  the  recovery  of  real  property,  such  property 
shall  be  described  with  its  metes  and  bounds,  in  the  complaint,  or  with 
other  equal  certainty. 

Kerr,  C.  C.  P.,  455. 

5070.  Judgment,  how  pleaded— Proof. 

SEC.  128.  In  pleading  a  judgment  or  other  determination  of  a  court, 
or  officer  of  especial  jurisdiction,  it  shall  not  be  necessary  to  state  the  facts 
conferring  jurisdiction,  but  such  judgment  or  determination  may  be  stated 
to  have  been  duly  given  or  made.  If  such  allegation  be  controverted,  the 
party  pleading  shall  be  bound  to  establish  on  the  trial  the  facts  conferring 
jurisdiction. 

Kerr,  C.  C.  P.,  456. 

In  pleading  the  judgment  or  other  deter-  in  a  sister  state,  it  is  not  necessary  to  allege 

mination  of  a  court  of  limited  jurisdiction,  in   the   complaint   that   the   court,  in   which 

it    is    made    necessary    by    this    section    to  the  judgment  was  rendered,  had  jurisdiction 

allege  that  such  judgment  or  determination  either  of  the  subject-matter  of  the  action, 

was  duly  made  or  given.  or  of  the  defendant.     Want  of  jurisdiction 

Without  such  an  allegation  in  the  plead-  is  a  matter  of  defense.     Phelps  v.  Duffy,  11 

ing,  the  proof  of  the  judgment  proceedings  Nev.  80,  85. 

of     such     court     would     be     inadmissible.  The    fact    of    a    suit    or    the    judgment 

Keyes  v.  Grannis,  3  Nev.  548,  551.  therein  cannot  be  proved  by  parol.     Davis 

In  bringing  suit  on  a  judgment  recovered  v.  Noteware,  13  Nev.  421. 

5071.  Conditions  precedent,  how  pleaded— Proof. 

SEC.  129.  In  pleading  the  performance  of  conditions  precedent  in  a  con- 
tract, it  shall  not  be  necessary  to  state  the  facts  showing  such  performance, 
but  it  may  be  stated  generally  that  the  party  duly  performed  all  the  con- 
ditions on  his  part ;  and  if  such  allegation  be  controverted,  the  party  plead- 
ing shall  establish  on  the  trial  the  facts  showing  such  performance. 

Kerr,  C.  C.P.,457. 

In  an  action  brought  by  a  county  against  formed  by  the  county  commissioners,  but 
the  sureties  on  an  official  bond  of  the  an  averment  that  the  commissioners  corn- 
county  treasurer,  to  recover  an  amount  of  plied  with  all  the  requirements  and  con- 
money  for  which  the  treasurer  was  in  ditions  of  said  bond,  and  the  requirements 
default,  it  is  not  necessary,  in  order  to  of  all  acts  of  the  legislature  pertaining  to 
entitle  the  county  to  recover,  that  the  com-  the  official  bonds  of  county  officers  is  suf- 
plaint  should  specifically  aver  a  perform-  ficient.  White  Pine  Co.  v.  Herrick,  19  Nev. 
ance  of  the  several  acts  required  to  be  per*  34,  36,  37  (5  P.  276). 


1479  CIVIL  PRACTICE  Sec.  5076 


5072.  Private  statutes,  how  pleaded. 

SEC.  130.  In  pleading  a  private  statute,  or  a  right  derived  therefrom,  it 
shall  be  sufficient  to  refer  to  such  statute  by  its  title  and  the  day  of  its 
passage,  and  the  court  shall  thereupon  take  judicial  notice  thereof. 

£err,C.C.P.,469. 

5073.  Libel  or  slander,  how  pleaded— Proof. 

SEC.  131.  In  an  action  for  libel  or  slander,  it  shall  not  be  necessary  to 
state  in  the  complaint  any  extrinsic  facts  for  the  purpose  of  showing  the 
application  to  the  plaintiff  of  the  defamatory  matter  out  of  which  the  action 
arose;  but  it  shall  be  sufficient  to  state  generally  that  the  same  was  pub- 
lished or  spoken  concerning  the  plaintiff ;  and  if  such  allegation  be  contro- 
verted, the  plaintiff  shall  establish  on  the  trial  that  it  was  so  published 
or  spoken. 

Kerr,  C.  C.  P.,4(X). 

5074.  Idem— Truth  and  mitigating  circumstances— Evidence. 

SEC.  132.  In  the  actions  mentioned  in  the  last  section,  the  defendant 
may,  in  his  answer,  allege  both  the  truth  of  the  matter  charged  as  defama- 
tory, and  any  mitigating  circumstances  to  reduce  the  amount  of  the 
damages;  and,  whether  he  prove  the  justification  or  not,  he  may  give  in 
evidence  the  mitigating  circumstances. 

Kerr,  C.  C.  P.,  4*51. 

In    an    action    for    libel,    the    intent    and       shown  in  mitigation  of  damages.     Thompson 
motive  of  the  defendant  in  the  publication       v.  Powning,  15  Nev.  195,  204. 
of    the    alleged    libelous    article,    may    be 

5075.  Allegations  not  controverted  taken  as  true— Exception. 

SEC.  133.  Each  material  allegation  of  the  complaint  not  controverted 
by  the  answer,  and  each  material  allegation  of  new  matter  in  the  answer 
not  controverted  by  the  reply,  where  a  reply  is  required,  must,  for  the 
purposes  of  the  action,  be  taken  as  true.  But  an  allegation  of  new  mat- 
ter in  the  answer  to  which  a  reply  is  not  required,  or  of  new  matter  in 
a  reply,  is  to  be  deemed  controverted  by  the  adverse  party. 

Kerr,  C.  C.  P.,  4C>2;  Utah,  2<>«)ii. 

When  the  death  of  one  of  the  defendants  If  it  be  conceded  that  new  matter  alleged 

is  put  in  issue  by  the  pleadings,  it  should,  against    a    defendant    in    the    answer    of    a 

like  every  other  issue  of  fact,  be  left  to  the  codefendant     is     deemed     denied     without 

jury.     Fowler  v.  Houston,  1  Nev.  469,  472.  answer    or    reply    thereto,    the    rule    is    not 

Under   our   practice,   all   affirmative   mat-  applicable  where  the  answer  setting  up  the 

ter  in  an  answer  is  taken  as  denied.     Cahill  new  matter  is  not  served  on  such  defendant. 

v.  Hirschman,  6  Nev.  57,  60.  Gulling   v.    Washoe    County   Bank,   28    Nev. 

A    defendant's    plea    of    estoppel    is    new  450  (82  P.  800). 

matter  and  he  is  bound  to  plead  and  prove  Cited,  in  dissenting  opinion  of  Talbot,  J., 

it.     Gillson  v.  Price,  18  Nev.  110,  117  (1  P.  Gulling   v.    Washoe   County   Bank,    29   Nev. 

459).  278  (89  P.  25). 

Where,  in  an  action  for  services  as  agent  "A   material  allegation   in   a   pleading   is 

from  June  30,   1896,  to  June   30,   1900,  the  one   essential   to   the   claim   or   defense   and 

answer    alleged    the    determination    of    the  which  could  not  be  stricken  from  the  plead- 

agency   on   February   24,   1897,   there   is   an  ing  without  leaving  it  insufficient."     Above 

admission   of  liability  for  part  of  the  time  being  sec.  66  of  the  act  of  1869,  196,  cited, 

in    question    which    will    render    a    general  Gillson  v.  Price,  18  Nev.  117  (1  P.  459). 
verdict  for   defendant   erroneous.     Manning 
v.  Bowman,  26  Nev.  451,  453  (69  P.  995). 

5076.  Supplemental  complaint,  answer,  and  reply. 

SEC.  134.  Either  party  may  be  allowed  to  make  a  supplemental  com- 
plaint, answer,  or  reply,  alleging  facts  material  to  the  case,  which  have 
happened,  or  have  come  to  his  knowledge,  since  the  filing  of  the  former 
pleading;  such  new  pleading  shall  not  be  considered  a  waiver  of  former 
pleadings. 

Kerr,  C.  C.  P.,  464;  Utah,  2998. 


Sec.  5077  CIVIL  PRACTICE  1480 

5077.  Pleadings  after  complaint  to  be  filed  and  served. 

SEC.  135.  All  pleadings  subsequent  to  the  complaint  must  be  filed  with 
the  clerk  and  copies  thereof  served  upon  the  adverse  party  or  his  attorney. 

Kerr,  C.  C.  P.,  465;  Utah,  2999. 

5078.  Corporation,  partnership  or  representative  capacity  pleaded  gen- 

erally. 

SEC.  136.,  A  plaintiff  suing  as  a  corporation,  partnership,  executor, 
guardian,  or  in  any  other  way  implying  corporate,  partnership,  representa- 
tive, or  other  than  individual  capacity,  need  not  state  the  facts  constituting 
such  capacity  or  relation,  but  may  aver  the  same  generally,  or  as  a  legal 
conclusion,  and  where  a  defendant  is  held  in  such  capacity  or  relation  a 
plaintiff  may  aver  such  capacity  or  relation  in  the  same  general  way. 

Iowa,  McClain's  An.  C.  3923;  Utah,  3000. 

5079.  Corporate  existence  need  not  be  proved  unless  denied. 

SEC.  137.  In  an  action  by  or  against  a  corporation,  the  plaintiff  need 
not  prove  upon  the  trial  the  existence  of  the  corporation,  unless  the  answer 
is  verified,  and  contains  an  affirmative  allegation  that  the  plaintiff  or 
defendant,  as  the  case  may  be,  is  not  a  corporation. 

Utah,  3000. 

Due  incorporation  cannot  be  attacked  collaterally,  sec.  1154. 

See  sec.  1184. 

CHAPTER  17 
VARIANCE,  MISTAKES  IN  PLEADINGS,  AND  AMENDMENTS 

5080.  Variance      not      prejudicial      deemed       5084.  Discretionary    power    of    court    as    to 

immaterial — Amendment.  amendments,      defaults,      mistakes, 

5081.  Idem — Order,    if   variance   immaterial  neglects;    defendant  not  personally 

— Amendment.  served. 

5082.  Idem — Failure   of  proof   distinguished       5085.  Defendant's     name     unknown  —  Ficti- 

from  variance.  tious  name  used. 

5083.  Amendments  as  of  course — If  demurrer       5086.  Time  to  amend,  answer,  or  reply  runs 

to    answer    or    reply    be    overruled,  from   service   of  notice — Exception, 

what    facts    deemed    denied — Time 
for  pleading  over. 

5080.  Variance  not  prejudicial  deemed  immaterial— Amendment. 

SEC.  138.  No  variance  between  the  allegations  in  a  pleading  and  the 
proof  is  to  be  deemed  material,  unless  it  has  actually  misled  the  adverse 
party  to  his  prejudice  in  maintaining  his  action  or  defense  upon  the  merits. 
Whenever  it  appears  that  a  party  has  been  so  misled,  the  court  may  order 
the  pleading  to  be  amended,  upon  such  terms  as  may  be  just. 

Kerr,  C.  C.P.,469. 

5081.  Idem— Order,  if  variance  immaterial— Amendment. 

SEC.  139.  Where  the  variance  is  not  material,  as  provided  in  the  next 
preceding  section,  the  court  may  direct  the  fact  to  be  found  according  to 
the  evidence,  or  may  order  an  immediate  amendment,  without  costs. 

Kerr,  C.C.P.,470. 

5082.  Idem— Failure  of  proof  distinguished  from  variance. 

SEC.  140.  Where,  however,  the  allegation  of  the  claim  or  defense  to 
which  the  proof  is  directed  is  improved,  not  in  some  particular  or  particu- 
lars only,  but  in  its  general  scope  and  meaning,  it  is  not  to  be  deemed  a  case 
of  variance  within  the  last  two  sections,  but  a  failure  of  proof. 

Kerr,  C.  C.P.,471. 

5083.  Amendments  as  of  course— If  demurrer  to  answer  or  reply  be  over- 

ruled, what  facts  deemed  denied— Time  for  pleading  over. 
SEC.  141.    Any  pleading  may  be  amended  once  by  the  party  as  of  course, 


1481  CIVIL  PRACTICE  Sec.  5084 

and  without  costs,  at  any  time  before  the  time  for  pleading  to  it  has  expired, 
or  after  demurrer  and  before  the  trial  of  the  issue  of  law  thereon,  by  filing 
the  same  as  amended  and  serving  a  copy  on  the  adverse  party,  who  may 
have  ten  days  thereafter  in  which  to  answer,  reply,  or  demur  to  the 
amended  pleading.  A  demurrer  is  not  waived  by  filing  an  answer  or  reply 
at  the  same  time ;  and  when  the  demurrer  to  a  complaint  or  counterclaim 
is  overruled  and  there  is  no  answer  or  reply  filed,  the  court  may,  upon  such 
terms  as  may  be  just,  allow  an  answer  or  reply  to  be  filed.  If  a  demurrer 
to  the  answer  or  reply  be  overruled,  the  facts  alleged  therein  must  be  con- 
sidered as  denied  to  the  extent  mentioned  in  section  133. 

Kerr,  C.  C.P.,472. 

5084.    Discretionary  power  of  court  as  to  amendments,  defaults,  mistakes, 

neglects:  defendant  not  personally  served. 

SEC.  142.  The  court  may,  in  furtherance  of  justice,  and  on  such  terms 
as  may  be  proper,  amend  any  pleading  or  proceedings  by  adding  or  strik- 
ing out  the  name  of  any  party,  or  by  correcting  a  mistake  in  the  name  of 
a  party,  or  a  mistake  in  any  other  respect,  and  may  upon  like  terms  enlarge 
the  time  for  an  answer,  reply,  or  demurrer,  or  demurrer  to  an  answer  or 
reply  filed.  The  court  may  likewise,  upon  affidavit  showing  good  cause 
therefor,  after  notice  to  the  adverse  party,  allow,  upon  such  terms  as  may 
be  just,  an  amendment  to  any  pleading  or  proceeding  in  other  particulars, 
and  may  upon  like  terms  allow  an  answer  or  reply  to  be  made  after  the 
time  limited;  and  may,  upon  such  terms  as  may  be  just,  and  upon  payment 
of  costs,  relieve  a  party  or  his  legal  representatives  from  a  judgment, 
order,  or  other  proceeding  taken  against  him  through  his  mistake,  inad- 
vertence, surprise  or  excusable  neglect;  and  when,  from  any  cause,  the 
summons,  and  a  copy  of  the  complaint  in  an  action  have  not  been  personally 
served  on  the  defendant,  the  court  may  allow,  on  such  terms  as  may  be  just, 
such  defendant  or  his  legal  representatives,  at  any  time  within  six  months 
after  the  rendition  of  any  judgment  in  such  action,  to  answer  to  the  merits 
of  the  original  action. 

Kerr,  C.C.P.,47.;. 

The   object   of  this   section   is   to   relieve  without    wilful    or    fradulent    delay.     Howe 

a  party  from  the  effects  of  some  judgment  v.  Coldren,  4  Nev.  171,  175. 

or   order  made   by  the  court  in  its  regular  On    a    motion    to    open    a    judgment    by 

proceedings;     not   to   give   some   affirmative  default    defendant    presented    his    affidavit 

right  which  he  has  lost  by  his  own  conduct,  that  he  had  employed  an  attorney  to  defend 

but  in  regard  to  which  the  court  has  made  him  in  due  time;    that  the  attorney  had  filed 

no    order    whatever.     Killip    v.    Empire    M.  a    demurrer    and    advised    him    that    it    was 

Co.,  2  Nev.  35,  43-45.  good    and    would    be    sustained,    and    ample 

When      default      is      improperly      taken,  time  be  given  to  answer;    that  immediately 

defendant  should  apply  to  the  court  during  afterwards  defendant  was  called  away  and 

the  term  for  relief.     Kidd  v.  Four  Hundred  unavoidably  detained  until  after  the  demur- 

and  Twenty  M.  Co.,  3  Nev.  381.  rer    was    overruled,    and   till   the    next    day 

When  upon  the  trial  of  a  cause  it  appears  (Sunday)  after     the     five     days     given     to 

that  plaintiff's  complaint  is  so  defective  as  answer    had    expired;     that    the    next    day 

not  to  stay  the  cause  of  action,  the   court  (Monday),  when  he  came  to  prepare  and  file 

should    either    grant    leave    to    plaintiff    to  his  answer,  he  found  that  default  and  judg- 

amend  his  complaint   or  dismiss  the  action  ment  had  been  entered  against  him  and  that 

without    prejudice.     Horton    v.    Buhling,    3  he    had    a    meritorious    defense;      and    his 

Nev.  498.  attorney    also    presented    an    affidavit    that 

Cited,   Proprietors   Mexican  M.   v.   Y.   J.  during  the  five  days  allowed  to  answer,  he 

S.  M.  Co.,  4  Nev.  44  (97  A.  D.  510).  had   made   repeated    efforts   to   advise   with 

The  punctuation  after  the  words  "excus-  the    defendant    but    without    success;     and 

able  neglect,"  in  this  section,  as  printed,  is  that  he  had  every  reason  to   suppose   until 

absurd;     there   should  be   a   full   stop   after  the  evening  of  the  last  day,  that  the  time 

these  words.  to   answer   would   be    extended   by   consent. 

Courts  should  be  liberal  in  setting  aside  Held,  a  case  of  inexcusable  negligence,  and 

defaults,    when    it    appears    that    the    party  that  the  refusal  of  the  court  below  to  open 

defaulted  has  a  good  defense,  and  has  been  the  default  and  judgment  was  proper, 

guilty  only  of  carelessness  and  inattention,  Howe  v.   Coldren,  4  Nev.   171,  so  far  as 


See.  5084 


CIVIL  PRACTICE 


1482 


the  supreme  court  refused  to  interfere  with 
the  order  of  the  court  below  in  setting 
aside  the  default  in  that  case,  was  correctly 
decided;  but  the  opinion  contains  many 
dicta  on  the  subject  of  defaults  which  are 
not  applicable  to  the  facts  involved  therein, 
and  are  therefore  not  authority.  Harper  v. 
Mallory,  4  Nev.  447,  448,  452,  454. 

The  allowance  of  the  filing  of  an  answer 
after  the  time  prescribed  by  statute  is  a 
matter  very  much  in  the  discretion  of  the 
court,  and  especially  so  where  there  has 
been  no  default  entered  and  there  is  no 
showing,  but  a  failure  to  plead  has  occa- 
sioned any  delay  or  injury  to  the  opposite 
party.  Conley  v.  Chedic,  7  Nev.  336. 

An  amendment  which  changes  the  parties 
to  a  suit  cannot  be  made.  Little  v.  V.  & 
G.  H.  W.  Co.,  9  Nev.  320. 

After  the  term  of  court  expires  the 
records  cannot  be  amended,  unless  there  is 
something  in  the  record  to  amend  by. 
Clark  v.  Strouse,  11  Nev.  76. 

The  court  has  no  jurisdiction  at  a  sub- 
sequent term  to  set  aside  a  default  or 
vacate  a  decree  or  judgment  rendered  at  a 
previous  term  of  court  unless  its  jurisdiction 
is  saved  by  some  proper  proceeding  insti- 
tuted within  the  time  allowed  by  law. 
Daniels  v.  Daniels,  12  Nev.  118;  State  v. 
First  Nat.  Bank,  4  Nev.  358;  Lang  Syne 
M.  Co.  v.  Boss,  20  Nev.  127  (19  A.  S.  334, 
18  P.  358). 

A  party  wishing  to  amend  his  pleading 
ought,  as  a  general  rule,  to  ask  leave  of  the 
court  to  amend  when  objections  to  the  suf- 
ficiency of  the  pleadings  are  made,  and 
before  the  introduction  of  testimony;  but 
courts  in  allowing  amendments  are  neces- 
sarily clothed  with  discretionary  power, 
and  whenever  an  offer  is  made  to  amend  at 
any  such  stage  of  the  proceedings,  that  the 
opposite  party  will  not  lose  an  opportunity 
to  fairly  present  his  case,  it  cannot  be  said 
that  the  court  has  abused  its  discretion  in 
allowing  an  amendment.  McCausland  v. 
Ralston,  12  Nev.  195,  203  (28  A.  E.  781). 

Courts  have  the  power,  as  between  par- 
ties to  a  suit,  in  furtherance  of  justice,  to 
amend  the  pleadings  by  adding  to  or  strik- 
ing out,  names  of  parties  plaintiff  or  defend- 
ant; but  this  power  cannot  be  exercised 
so  as  to  change  the  rights  and  liabilities  of 
third  parties.  Quillen  v.  Arnold,  12  Nev. 
235,  245,  250. 

Cited,  State  v.  Con.  Va.  M.  Co.,  13  Nev. 
202. 

On  motion  of  one  joint  defendant,  the 
judgment  may  be  set  aside  as  to  both. 
Stevenson  v.  Mann,  13  Nev.  268. 

If  evidence  is  objected  to  because  the 
pleadings  are  defective,  the  court  should 
allow  the  pleadings  to  be  amended.  Jeffree 
v.  Walsh,  14  Nev.  144. 

Defendant  was  sued  and  served  with 
process  as  "The  San  Francisco  Sulphur 
company."  It  suffered  default.  At  a  sub- 
sequent term  it  specially  appeared  under 
its  full  name  of  "The  San  Francisco  Sal- 
phur  Mining  company,"  and  moved  to  set 


aside  the  default,  upon  the  ground  of  a 
technical  mistake  in  its  name:  Held,  that 
this  section  was  only  intended  to  apply  for 
the  benefit  of  those  who  have  a  meritorious 
defense  and  who  offer  to  make  it,  and  not 
to  those  who  offer  a  mere  technical  excuse 
for  not  answering  in  time.  Jones  v.  S.  F. 
Sulphur  Co.,  14  Nev.  172,  174,  175. 

A  judgment  entered  by  default  should 
not  be  set  aside  upon  affidavits  and  a» 
answer  which  failed  to  show  that  the  defend- 
ant had  a  good  and  meritorious  defense  to  the 
action.  The  judgment  should  not '  be  set 
aside  to  enable  the  defendant  to  raise  some 
technical  objection.  Ewing  v.  Jennings,  15 
Nev.  379,  382. 

The  court,  after  the  findings  were  made, 
properly  denied  plaintiff's  application  to 
amend  its  complaint  so  that  it  should  con- 
form to  the  findings  of  the  referee.  Mar- 
shall v.  Golden  Fleece  G.  &  S.  M.  Co.,  16 
Nev.  157. 

The  manner  of  vacating  judgments  is 
regulated  by  statute,  and  the  statutory 
provisions  must  be  complied  with,  in  order 
to  authorize  the  court  to  act.  The  court 
has  no  jurisdiction  to  set  aside  a  judgment 
upon  a  mere  motion.  State  ex  rel.  Smith  v. 
District  Court,  16  Nev.  371,  373. 

In  construing  the  provisions  of  this  sec- 
tion: Held,  that  a  defendant  corporation, 
in  a  case  where  personal  service  was  made 
upon  its  managing  agent,  cannot  have  the 
judgment  set  aside,  and  leave  given  to 
answer,  after  the  term  has  expired  at 
which  the  judgment  was  rendered. 

The  above  clause  giving  the  party  the 
right  to  move  "within  six  months  after  the 
rendition  of  any  judgment  in  such  action  to 
answer  to  the  merits  of  the  original  action," 
only  applies  to  cases  where  the  defendant 
has  not  been  personally  served  with  sum- 
mons. Lang  Syne  G.  M.  Co.  v.  Koss,  20 
Nev.  127,  136  (19  A.  S.  337,  18  P.  358). 

On  application  to  set  aside  the  default 
of  defendant,  it  appeared  that  the  defend- 
ants procured  the  suit  to  be  instituted 
against  themselves.  They  employed  one 
attorney  for  both  sides,  paying  all  fees,  and 
managed  the  entire  case  for  a  time,  with- 
drew the  demurrer  they  had  filed,  and  asked 
for  and  obtained  ten  days  to  file  an  answer, 
but  filed,  none,  and,  after  allowing  nearly 
a  year  to  pass  without  further  action,  a 
default  was  entered  against  them.  They 
alleged  that  the  action  was  an  amicable 
one  instituted  for  their  benefit,  on  plaintiff's 
verbal  agreement  to  convey  to  them  on 
obtaining  judgment,  and  the  plaintiff  agreed 
not  to  take  a  default  against  them:  Held, 
that  this  did  not  excuse  their  delay  in  filing 
an  answer,  and  their  negligence  in  having 
one  attorney  only  to  manage  both  sides 
of  the  case,  and  plaintiff's  subsequent  action 
in  assigning  the  judgment  to  the  third  per- 
son was  not  grounds  sufficient  to  authorize 
the  court  to  set  aside  the  default.  Haley  v. 
Eureka  County  Bank,  20  Nev.  410,  421 
(22  P.  1098). 

The    courts    should   liberally    exercise   the 


1483 


CIVIL  PRACTICE 


Sec.  508K 


power  of  amendment  for  the  purpose  of 
establishing  the  truth  and  sustaining  the 
substance  of  the  proceedings  before  them, 
and  when  a  decision  upon  the  sufficiency  of 
an  affidavit  might  operate  as  a  surprise  and 
i U'prive  appellant  of  a  substantial  right,  leave 
will  be  granted  to  amend  the  proof  of  serv- 
ice. Elder  v.  Frevert,  13  Nev.  279  (3  P.  237) . 

In  support  of  a  motion  to  set  aside  a 
default  and  judgment  thereon,  an  affidavit 
of  merits  made  by  the  attorney,  is  sufficient, 
when  it  shows  that  he  is  familiar  with  all 
the  facts  in  the  case. 

Facts  recited  and  held  that  the  neglect 
to  file  an  answer,  while  reprehensible,  was 
not  inexcusable,  and  that  the  motion  to 
open  the  default  should  have  been  granted, 
upon  such  terms  as  would  be  just.  (Murphy, 
J..  dissenting.) 

An  application  to  open  a  default  should 
be  made  immediately.  Horton  v.  New  Pass 
(-.  ,V  S.  M.  Co.,  21  Nev.  184  (27  P.  376). 

Held,  that  where  defendants  were  not 
personally  served  with  summons,  and  where 
judgment  had  been  rendered  against  tlu-in 
in  the  action  or  an  appearance  for  them  by 
an  unauthorized  attorney,  they  were  not 
uuilty  of  laches  where  they  commenced  pro- 
•  i-.'dings  to  set  aside  the  judgment  at  any 
time  within  six  months  from  the  date  of  the 
judgment,  Stanton-Thompson  Co.  v.  Crane, 
24  Nev.  371,  178,  181  (51  P.  116). 

Where  the  matter  of  the  allowance  of 
-till  remains  in  the  hands  of  the  court 
uinli-r  a  motion  to  retax  or  strike  out,  the. 
••ourt  has  power  to  permit  the  cost  bill  to  be 
amended  so  as  to  include  jury  fees  incurred 
in  such  courts.  State  ex  rel.  Cohn  v.  Dis- 
fcrict  Court,  26  Nev.  253,  258  (66  P.  743). 

Under  facts  in  this  case,  held,  the  motion 


or  order  ought  not  to  have  covered  less  than 
the  vacation  of  the  whole  judgment,  and 
the  restoration  of  their  right  to  defend  the 
suit  (Per  Talbot,  J.,  concurring).  Mitchell 
v.  Mitchell,  28  Nev.  126  (79  P.  50). 

After  reciting  facts,  held,  that  defendant 
was  not  guilty  of  inexcusable  delay,  and  was 
entitled  to  a  vacation  of  the  default  and 
leave  to  answer.  Stretch  v.  Montezuma  M. 
Co.,  29  Nev.  63,  168  (86  P.  445). 

See  Smith  v.  Wells  Estate  Co.,  29  Nevl. 
411,  419(91  P.  315),  cited  under  sec.  124 
of  this  act. 

Facts  recited  and  held  that  the  affidavit 
of  counsel  shows  "mistake,  inadvertence, 
surprise  or  inexcusable  neglect,"  and 
entitled  him  to  relief  against  his  default 
and  a  further  extension  of  time  in  which 
to  make  the  motion.  Sherman  v.  S.  P.  R. 
B.  Co.,  31  Nev.  285-290  (102  P.  257). 

An  amended  complaint  filed  without  ask- 
ing leave  of  court  or  in  any  way  compliant 
with  district  court  rule  17,  or  with  this  sec- 
tion, was  properly  stricken  out  on  motion. 
Weir  v.  Washoe  H.  &  S.  Co.,  31  Nev.  528, 
529  (104  P.  19). 

An  amendment  of  the  ad  damnum  clause 
of  the  complaint  by  increasing  the  amount 
claimed,  is  a  matter  within  the  discretion 
of  the  court,  and  may  be  allowed  during 
the  trial.  Shields  v.  Orr  Ditch  Co.,  23  Nev. 
349  (47  P.  194). 

The  trial  court  had  jurisdiction  to  set 
aside  by  an  order  of  May  25  a  default 
judgment  for  defendant  entered  on  March 
]1,  upon  motion  therefor  on  the  ground  that 
plaintiff  had  no  notice  of  the  time  of  trial 
or  entry  of  judgment  until  ten  days  after 
its  entry.  State  ex  rel.  Kerr  v.  District 
Court,  32  Nev.  189  (105  P.  1025). 


5085.  Defendant's  name  unknown— Fictitious  name  used. 

SEC.  143.  When  the  plaintiff  is  ignorant  of  the  name  of  a  defendant, 
such  defendant  may  be  designated  in  any  pleading  or  proceeding  by  any 
name,  and  when  his  true  name  is  discovered,  the  pleading  or  proceeding 
may  be  amended  accordingly  . 

Kerr,  C.  C.P.,474. 

5086.  Time  to  amend,  answer  or  reply  runs  from  service  of  notice- 

Exception. 

SEC.  144.  When  a  demurrer  to  any  pleading  is  sustained  or  overruled 
and  time  to  amend,  answer,  or  reply  is  given,  the  time  so  given  runs 
from  service  of  notice  of  the  decision  or  order,  except  when  the  party 
against  whom  the  decision  is  made,  or  his  attorney,  is  present  and  asks  for 
and  is  given  time  to  amend,  answer,  or  reply,  in  which  case  no  notice  of 
the  decision  is  required. 

Kerr,  C.  C.  P.,  47(5. 

CHAPTER  18 

ARREST  AND  BAIL 


5087.  Arrest  in  civil  cases. 

5088.  Idem — When   may  be  made. 

5089.  Order  for  arrest — From  whom  obtained. 

5090.  Affidavit    necessary    for    arrest — Con- 

tents. 


5091.  Undertaking  required  before  order  for 

arrest  made. 

5092.  When  order  may  be  made — Requisites 

of  order. 


Sec.  5087  CIVIL  PRACTICE  1484 

5093.  Copy  of  affidavit  and  order  delivered       5103.  Qualifications  of  bail. 

to  defendant.  5104.  Justification  of  bail,  how  conducted. 

5094.  Arrest,  by  whom  and  how  made.  5105.  Allowance  of  bail  exonerates  officer. 

5095.  Defendant      discharged     on     bail     or       5106.  Deposit   in   lieu   of  bail— Certificate — 

deposit.  Discharge. 

5096.  Idem — Form   of   undertaking.  5107.  Sheriff  must  pay  into  court. 

5097.  Bail  may  surrender  defendant.  5108.  Undertaking   may   be    substituted    for 

5098.  Idem — Bail    may    arrest    defendant —  deposit. 

When  exonerated.  5109.  Disposition  of  deposit. 

5099.  Action   against   bail.  5110.  When  sheriff  liable  as  bail — Discharge. 

5100.  Bail    exonerated    by    death,    imprison-       5111.  Idem — Recovery     on     sheriff's     official 

ment   or  discharge  of   defendant.  bond. 

5101.  Return  of  officer — Plaintiff  may  except       5112.  Defendant  may  move  to  vacate  arrest 

to  bail.  or  reduce  bail — Hearing. 

5102.  Notice  of  justification  of  bail.  5113.  Idem— Order. 

5087.  Arrest  in  civil  cases. 

SEC.  145.    No  person  shall  be  arrested  in  a  civil  action  except  as  pre- 
scribed by  this  act. 

Kerr,  C.  C.  P.,  478. 

5088.  Idem— When  may  be  made, 

SEC.  146.     The  defendant  may  be  arrested,  as  hereinafter  prescribed,  in 
the  following  cases  arising  after  the  passage  of  this  act : 

1.  In  an  action  for  the  recovery  of  money  or  damages  on  a  cause  of  action 
arising  upon  contract,  express  or  implied,  when  the  defendant  is  about  to 
depart  from  the  state  with  intent  to  defraud  his  creditors,  or  when  the 
action  is  for  libel  or  slander. 

2.  In  an  action  for  a  fine  or  penalty,  or  for  money  or  property  embezzled, 
or  fraudulently  misapplied  or  converted  to  his  own  use  by  a  public  officer, 
or  an  officer  of  a  corporation,  or  an  attorney,  factor,  broker,  agent,  or  clerk, 
in  the  course  of  his  employment  as  such  or  by  any  other  person  in  a  fidu- 
ciary capacity,  or  for  misconduct  or  neglect  in  office,  or  in  professional 
employment,  or  for  a  wilful  violation  of  duty. 

3.  In  an  action  to  recover  the  possession  of  personal  property  unjustly 
detained,  when  the  property,  or  any  part  thereof,  has  been  concealed, 
removed,  or  disposed  of,  so  that  it  cannot  be  found  or  taken  by  the  sheriff. 

4.  When  the  defendant  has  been  guilty  of  a  fraud  in  contracting  the 
debt  or  incurring  the  obligation  for  which  the  action  is  brought,  or  in  con- 
cealing or  disposing  of  the  property,  for  the  taking,  detention,  or  conversion 
of  which  the  action  is  brought. 

5.  When  the  defendant  has  removed  or  disposed  of  his  property,  or  is 
about  to  do  so,  with  intent  to  defraud  his  creditors. 

Kerr,  C.C.P.,479. 

Under  subdivision  5  of  this  section  the  dis-  payment  of  the  judgment,  and,  while  in  the 

trict    court   had   jurisdiction   to    arrest    and  nature  of  a  punishment,  is  only  a  coercive 

detain  petitioner.     Const.,  ante,  243.  means  given  by  the  statute  and  sanctioned 

Article  1,  section  14,  of  the  constitution  by  the  constitution  to  enforce  the  collection 

does  not  prohibit  the  arrest  and  detention  of  the  judgment. 

of  a   defendant  for  the  fraudulent  disposi-  The   imprisonment   is  authorized  for   the 

tion  of  his  property  with  intent  to  defraud  costs  which  are  incurred  in  using  the  coerc- 

his  creditors  under  a  judgment  in  an  action  ive  means,  as  well  as  for  the  amount  of  the 

for  debt.  principal  debt  or  demand.     Ex  Parte  Berg- 

The  imprisonment  of  petitioner  is  for  the  man,  18  Nev.  331,  335,  339-341  (4  P.  209). 
fraud  practiced  in  attempting  to  evade  the 

5089.  Order  for  arrest— From  whom  obtained. 

SEC.  147.    An  order  for  the  arrest  of  the  defendant  shall  be  obtained 
from  a  judge  of  the  court  in  which  the  action  is  brought. 

Kerr,  C.  C.P.,480. 

5090.  Affidavit  necessary  for  arrest— Contents. 

SEC.  148.    The  order  may  be  made  whenever  it  shall  appear  to  the  judge, 


1485  CIVIL  PRACTICE  Sec.  5096 

by  the  affidavit  of  the  plaintiff  or  some  other  person,  that  a  sufficient  cause 
of  action  exists,  and  the  case  is  one  of  those  mentioned  in  section  146.  The 
affidavit  shall  be  either  positive  or  upon  information  and  belief  ;  and  when 
upon  information  and  belief,  it  shall  state  the  facts  upon  which  the 
information  and  belief  are  founded.  If  an  order  of  arrest  be  made,  the 
affidavit  shall  be  filed  with  the  clerk  of  the  court. 

Kerr,  C.  C.P.,481. 

5091.  Undertaking  required  before  order  for  arrest  made. 

SEC.  149.  Before  making  the  order  the  judge  shall  require  a  written 
undertaking,  payable  in  gold  coin  of  the  United  States,  on  the  part  of  the 
plaintiff,  with  sureties,  to  the  effect  that  if  the  defendant  recover  judgment, 
the  plaintiff  will  pay  all  costs  and  charges  that  may  be  awarded  to  the 
defendant,  and  all  damages  which  he  may  sustain  by  reason  of  the  arrest, 
not  exceeding  the  sum  specified  in  the  undertaking,  which  shall  be  at  least 
five  hundred  dollars.  Each  of  the  sureties  shall  annex  to  the  undertaking 
an  affidavit  that  he  is  a  resident  and  householder  or  freeholder  within  the 
state,  and  worth  double  the  sum  specified  in  the  undertaking  over  and 
above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execu- 
tion. The  undertaking  shall  be  filed  with  the  clerk  of  the  court. 

Kerr,  C.  C.  P.,  182, 

5092.  When  order  may  be  made—  Requisites  of  order. 

SEC.  150.  The  order  may  be  made  to  accompany  the  summons,  or  any 
time  afterwards  before  judgment.  It  shall  require  the  sheriff  of  the  county 
where  the  defendant  may  be  found  forthwith  to  arrest  him  and  hold  him  to 
bail  in  a  specified  sum,  naming  the  money  or  currency  in  which  it  is  pay- 
able, and  to  return  the  order  at  a  time  therein  mentioned  to  the  clerk  of 
the  court  in  which  the  action  is  pending. 

,  C.C.  P.,  483. 


5093.  Copy  of  affidavit  and  order  delivered  to  defendant. 

SEC.  151.  The  order  of  arrest,  with  a  copy  of  the  affidavit  upon  which 
it  is  made,  shall  be  delivered  to  the  sheriff,  who,  upon  arresting  the  defend- 
ant shall  deliver  to  him  the  copy  of  the  affidavit,  and  also,  if  desired,  a 
copy  of  the  order  of  arrest. 

Kerr,  C.  C.P.,4S4. 

5094.  Arrest,  by  whom  and  how  made. 

SEC.  152.  The  sheriff  shall  execute  the  order  by  arresting  the  defendant 
and  keeping  him  in  custody  until  discharged  by  law. 

Kerr,  C.C.  P.,  485. 

5095.  Defendant  discharged  on  bail  or  deposit. 

SEC.  153.  The  defendant,  at  any  time  before  execution,  shall  be  dis- 
charged from  the  arrest  either  upon  giving  bail  or  upon  depositing  the 
amount  mentioned  in  the  order  of  arrest  in  the  money  or  currency  therein 
named,  as  provided  in  this  chapter. 

Kerr,  C.  C.P.,486. 

5096.  Idem—  Form  of  undertaking. 

SEC.  154.  The  defendant  may  give  bail  by  causing  a  written  undertak- 
ing, payable  in  the  money  of  the  contract  (if  any  be  named),  and  in  other 
cases  as  directed  by  the  judge,  to  be  executed  by  two  or  more  sufficient 
sureties,  stating  their  places  of  residence  and  occupations,  to  the  effect 
that  they  are  bound  in  the  amount  mentioned  in  the  order  of  arrest;  that 
the  defendant  shall  at  all  times  render  himself  amenable  to  the  process  of 
the  court  during  the  pendency  of  the  action,  and  to  such  as  may  be  issued 
94 


Sec.  5097  CIVIL  PRACTICE  I486 

to  enforce  the  judgment  therein;  or  that  they  will  pay  to  the  plaintiff  the 
amount  of  any  judgment  which  may  be  recovered  in  the  action. 

Kerr,  C.  C.  P.,  487. 

5097.  Bail  may  surrender  defendant. 

SEC.  155.  At  any  time  before  judgment,  or  within  ten  days  thereafter, 
the  bail  may  surrender  the  defendant  in  their  exoneration ;  or  he  may  sur- 
render himself  to  the  sheriff  of  the  county  where  he  was  arrested. 

Kerr,  C.  C.  P.,  488. 

See  Ex  Parte  Bergman,  18  Nev.  339,  340  (4  P.  209),  under  sec.  146  of  this  act. 

5098.  Idem— Bail  may  arrest  defendant— When  exonerated. 

SEC.  156.  For  the  purpose  of  surrendering  the  defendant  the  bail  at  any 
time  or  place  before  they  are  finally  charged,  may  themselves  arrest  him ; 
or  by  a  written  authority,  indorsed*  on  a  certified  copy  of  the  undertaking, 
may  empower  the  sheriff  to  do  so.  Upon  the  arrest  of  the  defendant  by 
the  sheriff,  or  upon  his  delivery  to  the  sheriff  by  the  bail,  or  upon  his  own 
surrender,  the  bail  shall  be  exonerated;  provided,  such  arrest,  delivery,  or 
surrender  shall  take  place  before  the  expiration  of  ten  days  after  judg- 
ment; but  if  such  arrest,  delivery,  or  surrender  be  not  made  within  ten 
days  after  judgment,  the  bail  shall  be  finally  charged  on  their  undertaking, 
and  be  bound  to  pay  the  amount  of  the  judgment  within  ten  days  thereafter. 

Kerr,  C.  C.  P.,  489. 

5099.  Action  against  bail. 

SEC.  157.  If  the  bail  neglect  or  refuse  to  pay  the  judgment  within  ten 
days  after  they  are  finally  charged,  an  action  may  be  commenced  against 
such  bail  for  the  amount  of  such  original  judgment. 

Kerr,  C.C.P.,490. 

5100.  Bail  exonerated  by  death,  imprisonment  or  discharge  of  defendant. 
SEC.  158.    The  bail  shall  also  be  exonerated  by  the  death  of  the  defend- 
ant, or  his  imprisonment  in  a  state  prison,  or  by  his  legal  discharge  from 
the  obligation  to  render  himself  amenable  to  the  process. 

Kerr,  C.  C.  P.,  491. 

5101.  Return  of  officer— Plaintiff  may  except  to  bail. 

SEC.  159.  Within  the  time  limited  for  that  purpose,  the  sheriff  shall  file 
the  order  of  arrest  in  the  office  of  the  clerk  of  the  court  in  which  the  action 
is  pending,  with  his  return  indorsed  thereon,  together  with  a  copy  of  the 
undertaking  of  the  bail.  The  original  undertaking  he  shall  retain  in  his 
possession  until  filed,  as  herein  provided.  The  plaintiff,  within  ten  days 
thereafter,  may  serve  upon  the  sheriff  a  notice  that  he  does  not  accept  the 
bail,  or  he  shall  be  deemed  to  have  accepted  them,  and  the  sheriff  shall  be 
exonerated  from  liability.  If  no  notice  be  served  within  ten  days,  the 
original  undertaking  shall  be  filed  with  the  clerk  of  the  court. 

Kerr,  C.  C.P.,492. 

5102.  Notice  of  justification  of  bail. 

SEC.  160.  Within  five  days  after  the  receipt  of  notice,  the  sheriff  or 
defendant  may  give  to  the  plaintiff,  or  his  attorney,  notice  of  the  justi- 
fication of  the  same,  or  other  bail  (specifying  the  places  of  residence  and 
occupations  of  the  latter),  before  the  judge  of  the  court,  or  clerk,  at  a 
specified  time  and  place;  the  time  to  be  not  less  than  five  nor  more  than 
ten  days  thereafter,  except  by  consent  of  parties.  In  case  other  bail  be 
given,  there  shall  be  a  new  undertaking. 

Kerr,  C.  C.P.,493. 


CIVIL  PRACTICE  Sec.  5109 

Qualifications  of  bail. 

•    SEC.  161.     The  qualifications  of  bail  shall  be  as  follows : 
1.  Each  of  them  shall  be  a  resident  and  householder,  or  freeholder,  within 
the  county. 

2.  Each  shall  be  worth  the  amount  specified  in  the  order  of  arrest,  or 
the  amount  to  which  the  order  is  reduced,  as  provided  in  this  chapter,  over 
and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from 
execution;  but  the  judge,  or  clerk,  on  justification,  may  allow  more  than 
two  sureties  to  justify  severally  in  amounts  less  than  that  expressed  in 
the  order,  if  the  whole  justification  be  equivalent  to  that  of  two  sufficient 

•bail. 
K.-rr,  C.r.  P.,494. 

5104.  Justification  of  bail,  how  conducted. 

SEC.  162.  For  the  purpose  of  justification,  each  of  the  bail  shall  attend 
before  the  judge,  or  clerk,  at  the  time  and  place  mentioned  in  the  notice, 
and  may  be  examined  on  oath,  on  the  part  of  the  plaintiff,  touching  his 
sufficiency,  in  such  manner  as,  the  judge,  or  clerk,  in  his  discretion  may 
think  proper.  The  examination  shall  be  reduced  to  writing,  and  subscribed 
by  the  bail,  if  required  by  the  plaintiff. 

K.-rr,  C.  C.P.,4<>:>. 

5105.  Allowance  of  bail  exonerates  officer. 

SEC.  163.  If  the  judge,  or  clerk,  find  the  bail  sufficient,  he  shall  annex 
the  examination  to  the  undertaking,  indorse  his  allowance  thereon,  and 
cause  them  to  be  filed,  and  the  sheriff  shall  thereupon  be  exonerated  from 
liability. 

K.-rr,  (\  C.  1'. .41H1. 

5106.  Deposit  in  lieu  of  bail—  Certificate— Discharge. 

SEC.  164.  The  defendant  may,  at  the  time  of  his  arrest,  instead  of  giving 
bail,  deposit  with  the  sheriff  the  amount  mentioned  in  the  order.  In  case 
the  amount  of  the  bail  be  reduced,  as  provided  in  this  chapter,  the  defend- 
ant may  deposit  such  amount  instead  of  giving  bail.  In  either  case  the 
sheriff  shall  give  the  defendant  a  certificate  of  the  deposit  made,  and  the 
defendant  shall  be  discharged  out  of  custody. 

Kerr,  C.  C.P.,4!»7. 

5107.  Sheriff  must  pa.v  deposit  into  court. 

SEC.  165.  The  sheriff  shall,  immediately  after  the  deposit,  pay  the  same 
into  court,  and  take  from  the  clerk  receiving  the  same  two  certificates 
of  such  payment;  the  one  of  which  he  shall  deliver  or  transmit  to  jthe 
plaintiff,  or  his  attorney,  and  the  other  to  the  defendant.  For  any  default 
in  making  such  payment,  the  same  proceedings  may  be  had  on  the  official 
bond  of  the  sheriff  to  collect  the  sum  deposited  as  in  other  cases  of 
delinquency. 

Kerr,  C.C.P.,498. 

5108.  Undertaking-  may  be  substituted  for  deposit. 

SEC.  166.  If  the  money  be  deposited,  as  provided  in  the  last  two  sec- 
tions, bail  may  be  given  and  may  justify  upon  notice  at  any  time  before 
judgment;  and  on  the  filing  of  the  undertaking  and  justification  with  the 
clerk,  the  money  deposited  shall  be  refunded  by  such  clerk  to  the  defendant. 

Kerr,  C.  C.P.,499. 

5109.  Disposition  of  deposit. 

SEC.  167.  Where  money  shall  have  been  deposited,  if  it  remain  on  deposit 
at  the  time  of  a  recovery  of  a  judgment  in  favor  of  the  plaintiff,  the  clerk 
shall,  under  the  direction  of 'the  court,  apply  the  same  in  satisfaction 


Sec.  5110  CIVIL  PRACTICE  1488 

thereof,  and  after  satisfying  the  judgment  shall  refund  the  surplus,  if 
any,  to  the  defendant.  If  the  judgment  be  in  favor  of  the  defendant,  the 
clerk  shall,  under  like  direction  of  the  court,  refund  to  him  the  whole  sum 
deposited  and  remaining  unapplied. 

Kerr,  C.  C.P.,50Q. 

5110.  When  sheriff  liable  as  bail— Discharge. 

SEC.  168.  If,  after  being  arrested,  the  defendant  escape  or  be  rescued, 
the  sheriff  shall  himself  be  liable  as  bail;  but  he  may  discharge  himself 
from  such  liability  by  the  giving  and  justification  of  bail  at  any  time  before 
judgment. 

Kerr,  C.C.P.,501. 

5111.  Idem— Recovery  on  sheriff's  official  bond. 

SEC.  169.  If  a  judgment  be  recovered  against  the  sheriff,  upon  his  lia- 
bility as  bail,  and  an  execution  thereon  be  returned  unsatisfied,  in  whole  or 
in  part,  the  same  proceedings  may  be  had  on  his  official  bond  for  the  recov- 
ery of  the  whole  or  any  deficiency,  as  in  other  cases  of  delinquency. 

Kerr,  C.  C.  P., 502. 

5112.  Defendant  may  move  to  vacate  arrest  or  reduce  bail— Hearing'. 
SEC.  170.    A  defendant  arrested  may,  at  any  time  before  the  justifica- 
tion of  bail,  apply  to  the  judge  who  made  the  order,  or  the  court  in  which  the 
action  is  pending,  upon  reasonable  notice  to  the  plaintiff,  to  vacate  the 
order  of  arrest  or  to  reduce  the  amount  of  bail.     If  the  application  be  made 
upon  affidavits  on  the  part  of  the  defendant,  but  not  otherwise,  the  plaintiff 
may  oppose  the  same  by  affidavits  or  other  proofs  in  addition  to  those  on 
which  the  order  of  arrest  was  made. 

Kerr,  C.  C.P.,503. 

5113.  Idem-Order. 

SEC.  171.  If,  upon  such  application,  it  shall  satisfactorily  appear  that 
there  was  not  sufficient  cause  for  the  arrest,  the  order  shall  be  vacated,  or 
if  it  satisfactorily  appear  that  the  bail  was  fixed  too  high,  the  amount  shall 
be  reduced. 

Kerr,  C.  C.P.,504. 

Where    a    defendant   was   held   upon   pre-       bail   fixed   by  the  justice   at   $5,000:    Held, 
liminary     examination     upon     a     complaint       that    the    bail    was    excessive    and    ordered 
charging  him  with  the  larceny  of  eighteen       reduced.     Ex  Parte  Douglas,  25  Nev.  425. 
head  of  cattle  of  the  value  of  $30  each  with 

CHAPTER  19 

DISCHARGE  FROM  ARREST 

5114.  Discharge  from  arrest  as  provided  in       5118.  Discharge,  oath  to  be  taken,  form. 

this  chapter.  5119.  Order  of  discharge. 

5115.  Notice  of  application  to  court.  5120.  Renewal  of  application  for  discha-ue. 

5116.  Idem — Service  upon   whom  and  when       5121.  Exemption      from      further      arrest — 

made.  Judgment  remains  in  force. 

5117.  Hearing — Creditor  may  have  evidence       5122.  Plaintiff  may  order  discharge. 

written.  5123.  Plaintiff  must  advance  jailer's  costs. 

5114.    Discharge  from  arrest  as  provided  in  this  chapter. 

SEC.  172.  Every  person  confined  in  jail  on  an  execution  issued  on  a  judg- 
ment rendered  in  a  civil  action,  shall  be  discharged  therefrom  upon  the 
conditions  hereinafter  specified. 

Kerr,  C.  C.  P.,  1143. 

Respondent  was  discharged  from  imprison-  Petitioner  voluntarily  surrendered  himself 

ment  under  the  provisions  of  this  act.  Evi-  into  custody  before  any  process  had  been 

dence  reviewed  and  held  sufficient  to  author-  issued  against  him,  and  thereafter,  while  he 

ize  his  discharge.  Deal  v.  Schlomberg,  20  was  so  in  custody,  the  plaintiff  notified  the 

Nev.  330,  331  (22  P.  155).  sheriff  that  he  did  not  demand  the  arrest  and 


1489  CIVIL  PRACTICE  Sec,  5122 

detention.  ;m<l  petitioner  was  allowed  to  from  causing  his  subsequent  arrest  and 
depart.  It  \\as  held  that  such  surrender,  detention  under  an  execution  issued  on  a 
noti'-e  ;uul  release  did  not  prevent  plaintiff  judgment  in  the  second  action.  Ex  Parte 

Her- in  a  n.  18  Nev.  332,  339  (4  P.  209). 

5115.    Notice  of  application  to  court. 

SEC.  173.  Such  person  shall  cause  a  notice,  in  writing,  to  be  given  to 
the  plaintiff,  his  agent,  or  attorney,  that  at  a  certain  time  and  place  he  will 
apply  to  the  district  judge  of  the  county  in  which  such  person  may  be 
confined  for  the  purpose  of  obtaining  a  discharge  from  his  imprisonment. 

Kerr,  (\  C.  P.,  1144. 

5 IK).    Idem— Service  upon  whom  and  when  made. 

SEC.  174.  Such  notice  shall  be  served  upon  the  plaintiff,  or  his  agent 
or  attorney,  one  day  at  least  before  the  hearing  of  the  application.  If  the 
plaintiff  be  not  a  resident  of  the  county,  and  have  no  agent  or  attorney  in 
the  county,  no  such  notice  need  be  served. 

K.-rr,  (\  C.  P.,  114:.. 

5117.  Hearing— Creditor  mav  )ia\e  evidence  written. 

SEC.  175.  At  the  time  and  place  specified  in  the  notice,  such  person  shall 
be  taken  before  such  judge,  who  shall  examine  him,  under  oath,  concerning 
his  estate  and  property  and  effects,  and  the  disposal  thereof,  and  his  ability 
to  pay  the  judgment  for  which  he  is  committed,  and  such  judge  shall  also 
hear  any  other  legal  and  pertinent  evidence  that  may  be  produced  by  the 
debtor  or  creditors. 

K.'rr.  C.  ('.  P.,  114(i. 

5118.  Discharge, oatb  to  be  taken— Form. 

SEC.  176.  If,  upon  examination,  the  judge  be  satisfied  that  the  prisoner 
is  entitled  to  his  discharge,  such  judge  shall  administer  to  him  the  follow- 
ing oath:  "I,  ,  do  solemnly  swear,  or  affirm,  that  I  have  not  any 

estate,  real  or  personal,  to  the  amount  of  fifty  dollars,  except  such  as  is  by 
law  exempted  from  being  taken  in  execution ;  and  that  I  have  not  any  other 
estate  now  conveyed  or  concealed,  or  in  any  way  disposed  of  with  design  to 
secure  the  same  to  my  use,  or  to  defraud  my  creditors." 

Kerr,  C.  C.  P.,  1148. 

5119.  Order  of  discharge. 

SEC.  177.  After  administering  the  oath,  the  judge  shall  issue  an  order 
that  the  prisoner  be  discharged  from  custody,  if  he  be  imprisoned  for  no 
other  cause ;  and  the  officer,  upon  service  of  such  order,  shall  discharge  the 
prisoner  forthwith,  if  he  be  imprisoned  for  no  other  cause. 

Kerr,  C.  C.  P.,  1149. 

5120.  Renewal  of  application  for  discharge. 

SEC.  178.  If  such  judge  should  not  discharge  the  prisoner,  he  may  apply 
for  his  discharge  at  the  end  of  every  succeeding  ten  days,  in  the  same 
manner  as  above  provided,  and  the  same  proceeding  shall  thereupon  be  had. 

Kerr,  C.  C.  P.,  1150. 

5121.  Exemption  from  further  arrest — Judgment  remains  in  force. 

SEC.  179.  The  prisoner,  after  being  so  discharged,  shall  be  forever 
exempt  from  arrest  and  imprisonment  for  the  same  debt;  but  the  judgment 
against  him  shall  remain  in  full  force  against  any  estate,  present  or  future, 
of  the  prisoner,  not  exempt  from  execution. 

Kerr,  C.C.  P.,  1151,  1152. 

5122.  Plaintiff  may  order  discharge. 

SEC.  180.     The  plaintiff  in  the  action  may,  at  any  time,  order  the  prisoner 


Sec,  5123 


CIVIL  PRACTICE 


1490 


to  be  discharged,  and  he  shall  not  thereafter  be  liable  to  imprisonment  for 
the  same  cause  of  action. 

Kerr,  C.  C.  P.,  1153. 

5123.    Plaintiff  must  advance  jailer's  costs. 

SEC.  181.  Whenever  a  person  is  committed  to  jail  on  a  judgment  recov- 
ered in  a  civil  action,  the  creditor,  his  agent,  or  attorney,  shall  advance  to 
the  jailer  immediately  upon  such  commitment,  sufficient  money  to  pay  for 
the  support  of  said  prisoner  for  at  least  two  weeks,  at  the  rate  of  two 
dollars  and  a  half  per  day,  and  in  case  the  money  should  not  be  so  advanced, 
the  jailer  shall  forthwith  discharge  such  prisoner  from  custody,  and  such 
discharge  shall  be  a  bar  against  imprisonment  for  the  same  debt.  At  the 
expiration  of  such  two  weeks,  should  such  creditor  refuse  to  advance  a  like 
sum,  the  prisoner  will  be  discharged  as  above  provided,  and  with  the  same 
effect. 


Kerr,  C.  C.  P.,  1154,  1237-1264. 


CHAPTER  20 


CLAIM  AND 

5124.  Delivery     may     be     claimed     before 

answer. 

5125.  Requirements  of  affidavit. 

5126.  Order  to  sheriff  indorsed  on  affidavit. 

5127.  Undertaking,  sheriff  to  take  property 

and  serve  papers. 

5128.  Defendant    may    except    to    sureties, 

notice,    justification,    waiver. 

5129.  Eedelivery    to    defendant    on    giving 

bond. 


DELIVERY 

5130.  Plaintiff    may     except     to     sureties — 

Notice. 

5131.  Qualifications  of  sureties  and  manner 

of  justification. 

5132.  Concealed  property  may  be  taken  by 

force  after  demand. 

5133.  Keeping  and  delivery  of  property  on 

payment  of  fees. 

5134.  Claimed  by  other  person — Plaintiff  to 

indemnify   officer. 

5135.  Eeturn  to  be  made  within  twenty  days. 

5124.    Delivery  may  be  claimed  before  answer. 

SEC.  182.  The  plaintiff  in  an  action  to  recover  the  possession  of  personal 
property  may,  at  the  time  of  issuing  the  summons,  or  at  any  time  before 
answer,  claim  the  delivery  of  such  property  to  him  as  provided  in  this 
chapter. 

Kerr,  C.  C.P.,509. 

When  replevin  lies.  As  a  general  prin- 
ciple the  owner  of  a  chattel  may  take  it  by 
replevin  from  any  person  whose  possession 
is  unlawful,  unless  it  is  in  the  custody  of 
the  law  or  unless  it  has  been  taken  by 
replevin  from  him  by  the  party  in  posses- 
sion. Buckley  v.  Buckley,  9  Nev.  373. 

Description  of  property  in  replevin.  In 
replevin  the  description  of  the  property 
must  be  so  clear  that  an  officer  can  identify 
it.  Idem. 

Replevin  of  goods  in  hands  of  plaintiff  in 
other  replevin.  Where  personal  property  in 
the  hands  of  the  plaintiff  in  a  suit  of  claim 
and  delivery  is  claimed  by  a  third  person, 
the  latter  is  not  obliged  to  intervene  in  the 
pending  action,  but  may  institute  an  origi- 
nal action  of  claim  and  delivery.  Idem. 

Eight  to  maintain  replevin.  In  an  action 
for  the  recovery  of  specific  personal  prop- 
erty, it  is  necessary  for  the  plaintiff  to  show 
that  he  is  entitled  to  the  immediate  posses- 
sion. Hilger  v.  Edwards,  5  Nev.  85. 

Replevin — Practice.  When  the  plaintiff 
in  an  action  of  replevin  has  introduced  evi- 
dence showing  that  he  had  purchased  the 
property  and  became  vested  with  the  legal 


title  thereto,  the  defendants  cannot  raise 
the  question  of  fraud  in  the  sale,  or  of 
want  of  delivery,  until  they  have  shown 
some  right  or  interest  in  the  property,  or 
some  lien  upon  it  that  entitles  them  to 
attack  the  sale.  West  v.  Humphrev,  21 
Nev.  80  (25  P.  446). 

Action  of  replevin — Demand  not  neces- 
sary.' Not  indispensably  necessary  to  show 
a  demand  upon  the  defendant  to  return  the 
property  before  suit  brought.  A  demand 
serves  no  purpose,  except  to  establish  a  con- 
version or  a  wrongful  detention.  Perkins 
v.  Barnes,  3  Nev.  557,  approved;  Whitman 
M.  C.  v.  Tritle,  4  Nev.  494. 

Demand  not  necessary  in  trover.  Ward 
v.  C.  R.  W.  Co.,  13  Nev.  45. 

Demand — When  not  necessary.  Hanson 
v.  Chiatovich,  13  Nev.  395. 

Replevin — Measure  of  damages  in — Value 
of  property  involved  in — Fluctuation  of  valu- 
ation during  litigation.  When  the  value  of 
the  cattle — the  subject  of  the  litigation — 
had  fluctuated  during  the  pendency  of  the 
action,  an  instruction  that  plaintiff  <-<nil<l 
recover  the  highest  value  between  the  tak- 
ing and  the  trial  was  erroneous.  The  value1 


1491 


CIVIL  PRACTICE 


Sec.  5127 


at   the   time   of  the   trial   is   the   only   com- 
petent   indemnity.     Gardner    v.    Brown,    22 
.  156  (37  P.  240). 

Replevin — Recovery  of  possession  primary 
object  of.  Idem. 

Form  of  judgment  in  replevin.  An  abso- 
lute judgment  for  value,  not  allowing 
defendant  to  satisfy  judgment  by  return  of 
property  with  costs  and  damages,  is  erron- 
eous. Lambert  v.  McFarland,  2  Nev.  58. 

Replevin — Gift  from  deceased  person  set 
up  l»y  defendant — Declaration  of  party  as 
part  of  res  gestae.  Rollins  v.  Strout,  6  Nev. 
150. 

Questions  involved  on  replevin  against  a 
United  States  marshal.  Where  a  replevin 
suit  was  commenced  in  a  state  court  against 
a  marshal  for  goods  seized  by  him  under 
attachment  process  from  a  United  States 
court:  Held,  that  the  state  court  could  not 
extend  its  inquiry  beyond  the  question  as  to 
whether  the  federal  process  was  valid;  and 
if  so,  that  the  question  of  title  to  the  goods 
wa>-  irrelevant.  Feusier  v.  Lammon,  6  Nev. 
209. 

If  the  goods  have  been  taken  from  the 
marshal,  court  has  jurisdiction  to  return 
them  to  him.  Idem. 

Verdict    in    replevin  —  Requisites  —  ,lu<l- 
mi-lit   and  execution.     Carson  v.  Applegarth, 
6  Nev.  187. 

Primary  object  of  action  of  replevin.  The 
recovery  <>t'  damages  in  a  proper  case  is  :;s 


much  a  primary  object  of  the  action  of 
replevin  as  is  the  recovery  of  the  property 
in  specie.  Buckley  v.  Buckley,  12  Nev.  423. 

Replevin  for  sheep — Right  to  recover 
increase  £nd  wool — Indemnity.  Idem. 

Measure  of  damages— Action  of  trover. 
Value  of  the  article  when  converted,  with 
interest  on  that,  value  to  the  time  of  trial. 
O'Meara  v.  North  American  M.  Co.,  2  Nev. 
11_.  Rule  explained  at  length.  Idem; 
approved  in  Carlyon  v.  Lannan,  4  Nev.  156; 
Ward  v.  C.  E.  W.  Co.,  13  Nev.  44. 

Replevin  for  timber  cut — Tenants  in  com- 
mon. When  one  tenant  in  common  sells  the 
right  to  a  stranger  to  cut  timber  off  of  the 
common  property,  another  tenant  in  com- 
mon of  the  same  property  cannot  maintain 
replevin  for  the  timber  after  it  has  been  cut. 
Alford  v.  Bradeen,  1  Nev.  228. 

Trover  for  wood  cut — Title  to  land,  when 
immaterial — Place  and  time  of  conversion — 
Liability  of  bailee.  Ward  v.  C.  R.  W.  Co., 
13  Nev.  44. 

Trover — Allegation  of  value  material.  If 
not  denied  it  need  not  be  proven.  Hixon  \ . 
I'ixley,  15  Nev.  475. 

Time  of  conversion  immaterial — Notice 
and  demand — Instruction.  Idem. 

Trover  for  mining  stock  against  assignee 
for  benefit  of  creditors.  Boylan  v.  Huguet, 
8  Nev.  345. 

Trover  —  Form  of  —  Verdict.  Swan  v. 
Smith,  13  Nev.  257. 


5125.  Requirements  of  affidavit. 

SEC.  183.  Where  a  delivery  is  claimed,  an  affidavit  shall  be  made  by  the 
plaintiff,  or  by  some  one  in  his  behalf,  showing : 

1.  That  the  plaintiff  is  the  owner  of  the  property  claimed  (particularly 
describing  it) ,  or  is  lawfully  entitled  to  the  possession  thereof. 

2.  That  the  property  is  wrongfully  detained  by  the  defendant. 

3.  The  alleged  cause  of  the  detention  thereof  according  to  his  best  knowl- 
edge, information,  and  belief. 

4.  That  the  same  has  not  been  taken  for  a  tax,  assessment,  or  fine,  pur- 
suant to  a  statute,  or  seized  under  an  execution  or  an  attachment  against 
the  property  of  the  plaintiff,  or,  if  so  seized,  that  it  is  by  statute  exempt 
from  such  seizure ;  and, 

5.  The  actual  value  of  the  property. 

Kerr,  C.  C.  P.,510. 

5126.  Order  to  sheriff  indorsed  on  affidavit. 

SEC.  184.  The  plaintiff  or  his  attorney  may  thereupon,  by  indorsement 
in  writing  upon  the  affidavit,  require  the  sheriff  of  the  county  where  the 
property  claimed  may  be,  to  take  the  same  from  the  defendant. 

Kerr,  C.  C.  P.,  511. 

51*27.    Undertaking,  sheriff  to  take  property  and  serve  papers. 

SEC.  185.  Upon  a  receipt  of  the  affidavit  and  notice,  with  a  written 
undertaking,  executed  by  two  or  more  sufficient  sureties,  approved  by  the 
sheriff,  to  the  effect  that  they  are  bound  to  the  defendant  in  double  the 
value  of  the  property,  in  gold  coin  of  the  United  States,  as  stated  in  the 
affidavit  for  the  prosecution  of  the  action,  for  the  return  of  the  property  to 
the  defendants,  if  return  thereof  be  adjudged,  and  for  the  payment  to  him 
of  such  sum  as  may  from  any  cause  be  recovered  against  the  plaintiff,  in 


Sec.  5128  CIVIL  PRACTICE  1492 

gold  coin  of  the  United  States,  the  sheriff  shall  forthwith  take  the  property 
described  in  the  affidavit,  if  it  be  in  the  possession  of  the  defendant  or  his 
agent,  and  retain  it  in  his  custody.  He  shall  also,  without  delay,  serve  on 
the  defendant  a  copy  of  the  affidavit,  notice,  and  undertaking,  by  delivering 
the  same  to  him  personally,  if  he  can  be  found,  or  to  his  agent,  from  whose 
possession  the  property  is  taken;  or,  if  neither  can  be  found,  by  leaving 
them  at  the  usual  place  of  abode  of  either,  with  some  person  of  suitable 
age  and  discretion;  or  if  neither  have  any  known  place  of  abode,  by  put- 
ting them  in  the  nearest  postoffice,  directed  to  the  defendant. 

Kerr,  C.  C.  P.,  512. 

5128.  Defendant  may  except  to  sureties,  notice,  justification,  waiver. 

SEC.  186.  The  defendant  may,  within  two  days  after  the  service  of  a 
copy  of  the  affidavit  and  the  undertaking,  give  notice  to  the  sheriff  that  he 
excepts  to  the  sufficiency  of  the  sureties.  If  he  fails  to  do  so,  he  shall  be 
deemed  to  have  waived  all  objection  to  them.  When  the  defendant  excepts, 
the  sureties  shall  justify  on  notice  in  like  manner  as  upon  bail  on  arrest; 
and  the  sheriff  shall  be  responsible  for  the  sufficiency  of  the  sureties  until 
the  objection  to  them  is  either  waived,  as  above  provided,  or  until  they 
justify.  If  the  defendant  except  to  the  sureties  he  cannot  reclaim  the 
property,  as  provided  in  the  next  section. 

Kerr,  C.  C.P.,513. 

5129.  Redelivery  to  defendant  on  giving  bond. 

SEC.  187.  At  any  time  before  the  delivery  of  the  property  to  the  plain- 
tiff, the  defendant  may,  if  he  do  not  except  to  the  sureties  of  the  plaintiff, 
require  the  return  thereof,  upon  giving  to  the  sheriff  a  written  undertak- 
ing, executed  by  two  or  more  sufficient  sureties,  to  the  effect  that  they  are 
bound  in  double  the  value  of  the  property,  in  gold  coin  of  the  United  States, 
as  stated  in  the  affidavit  of  the  plaintiff,  for  the  delivery  thereof  to  the 
plaintiff,  if  such  delivery  be  adjudged,  and  for  payment  to  him  of  such 
sum,  in  gold  coin  of  the  United  States,  as  may  for  any  cause  be  recovered 
against  the  defendant.  If  a  return  of  the  property  be  not  so  required 
within  five  days  after  the  taking  and  serving  of  notice  to  the  defendant, 
it  shall  be  delivered  to  the  plaintiff,  except  as  provided  in  section  192. 

Kerr,  C.  C.P.,514. 

An  action  on  an  undertaking  given  to  the  Though    this    section    requires   the   under - 

sheriff  upon  a  return  of  property  replevied,  taking  given  on  return  of  property  replevied 

should  be  brought  in  the  name  of  the  real  to  be  delivered  to  the  sheriff,  the  officer  has 

party  at  interest;    and  when  the  name  of  the  no  interest  in  it,  and  is  not  a  proper  party 

sheriff    was    joined    with    his    as    plaintiff:  in  a   suit  on  it.     McBeth   v.   Van   Sickle,  6 

Held,  that  the  complaint  was  clearly  demur-  Nev.  134,  135. 
rable  for  misjoinder  of  parties. 

5130.  Plaintiff  may  except  to  sureties— Notice. 

•  SEC.  188.  The  defendant's  sureties,  upon  notice  to  the  plaintiff  of  not 
less  than  two  or  more  than  five  days,  shall  justify  before  the  judge  or  the 
clerk  in  the  same  manner  as  upon  bail  on  arrest;  and  upon  such  justifica- 
tion, the  sheriff  shall  deliver  the  property  to  the  defendant.  The  sheriff 
shall  be  responsible  for  the  defendant's  sureties  until  they  justify,  or  until 
the  justification  is  completed  or  expressly  waived,  and  may  retain  the 
property  until  that  time.  If  they  or  others  in  their  place,  fail  to  justify  at 
the  time  and  place  appointed,  he  shall  deliver  the  property  to  the  plaintiff. 

Kerr,  C.  C.P.,515. 

5131.  Qualifications  of  sureties  and  manner  of  justification. 

SEC.  189.  The  qualifications  of  sureties  and  their  justification  shall  be 
such  as  are  prescribed  by  this  act  in  respect  to  bail  upon  an  order  of  arrest. 

Kerr,  C.  C.P.,516. 


1493 


CIVIL  PRACTICE 


See.  5186 


Concealed  property  may  be  taken  by  force  after  demand. 
SEC.  190.  If  the  property,  or  any  part  thereof,  be  concealed  in  a  build- 
ing or  inclosure,  the  sheriff  shall  publicly  demand  its  delivery.  If  it  be 
not  delivered,  he  shall  cause  the  building  or  inclosure  to  be  broken  open, 
and  take  the  property  into  his  possession,  and,  if  necessary,  he  may  call  to 
his  aid  the  power  of  his  county. 

Kerr,  C.  C.  P.,'>17. 

5188.    Keeping  and  delivery  of  property  on  payment  of  fees. 

SEC.  191.  When  the  sheriff  shall  have  taken  property,  as  in  this  chapter 
provided,  he  shall  keep  it  in  a  secure  place,  and  deliver  it  to  the  party 
entitled  thereto  upon  receiving  his  lawful  fees  for  taking,  and  necessary 
expenses  for  keeping  the  same. 

Kerr,C.  C.P.,518, 

5184.    Claimed  by  other  person—  Plaintiff  to  indemnify  officer. 

SEC.  192.  If  the  property  taken  be  claimed  by  any  other  person  than 
the  defendant  or  his  agent,  and  such  person  make  affidavit  of  his  title 
thereto,  or  right  to  possession  thereof,  stating  the  grounds  of  such  title 
or  right,  and  serve  the-  same  upon  the  sheriff,  the  sheriff  shall  not  be  bound 
to  keep  the  property  or  deliver  it  to  the  plaintiff,  unless  the  plaintiff,  on 
demand  of  him  or  his  agent,  indemnify  the  sheriff  against  such  claim  by 
an  undertaking,  made  payable  in  gold  coin  of  the  United  States,  by  two 
sufficient  sureties,  accompanied  by  their  affidavits  that  they  are  each  worth 
double  the  value  of  the  property,  as  specified  in  the  affidavit  of  the  plaintiff, 
over  and  above  their  debts  and  liabilities,  exclusive  of  property  exempt 
from  execution,  and  are  freeholders  or  householders  in  the  county;  and 
no  claim  to  such  property  by  any  other  person  than  the  defendant  or  his 
agent  shall  be  valid  against  the  sheriff  unless  so  made. 


5185.    Return  to  be  made  within  twenty  days. 

SEC.  193.  The  sheriff  shall  file  the  notice,  undertaking  and  affidavit, 
with  his  proceedings  thereon,  with  the  clerk  of  the  court  in  which  the  action 
is  pending,  within  twenty  days  after  taking  the  property  mentioned  therein. 

Kerr,  C.  C.P.,o20. 

CHAPTER  21 
INJUNCTION 


5142.  Injunction  to  suspend  business  of  cor- 

poration— Notice — Exception    when 
state  a  party. 

5143.  Motion  to  dissolve  or  modify  injunc- 

tion— Notice — Hearing. 

5144.  Supreme  court  may  prescribe  rules. 

5145.  Injunction  refused  or  dissolved — Bond 

given,   when  —  Receiver   appointed, 
when. 

5146.  Bond  instead  of  dissolution. 


5  ]:!«;.  Injunction  defined,  granted  by  court 
or  judge. 

51.". 7.  In  what  cases  injunction  may  be 
granted. 

5138.  Injunction,  when  granted — Complaint 
verified. 

•~>l:',!>.  Injunction  not  allowed  after  answer 
except  on  notice — Restraining  order. 

~)14<).  Undertaking  required  upon  injunction. 

•"141.  Court  or  judge  may  order  hearing 
before  granting  injunction — Affi- 
davits used. 

5136.    Injunction  defined,  granted  by  court  or  judge. 

SEC.  194.  An  injunction  is  a  writ  or  order  requiring  a  person  to  refrain 
from  a  particular  act.  The  order  or  writ  may  be  granted  by  the  court  in 
which  the  action  is  brought,  or  by  a  judge  thereof,  and  when  made  by  a 
judge  may  be  enforced  as  the  order  of  the  court. 

Kerr,C.C.P.,625. 

Under  this  section  an  injunction  can  only  if  the  record  does  not  show  such  notice  or 
bt-  granted  after  notice,  or  after  an  order  to  order  to  show  cause.  Lady  Bryan  G.  and  S. 
show  cause;  and  an  order  refusing  an  M.  Co.  v.  Lady  Bryan  M.  Co.,  4  Nev.  414,  415. 
injunction  will  not  be  disturbed  on  appeal  As  a  general  rule  an  injunction  will  not 


Sec,  5187 


CIVIL  PRACTICE 


1494 


be  granted  upon  a  pleading  alone,  whose 
material  averments  are  denied  by  the 
pleadings  of  the  opposite  party.  Idem. 

An  injunction  can  only  be  granted  after 
notice,  or  after  an  order  to  show  cause;  and 
an  order  refusing  an  injunction  will  not 
be  dismissed  on  appeal  if  the  record  does 
not  show  such  notice  or  order  to  show  cause. 
Idem. 

A  temporary  restraining  order,  to  con- 
tinue during  the  pendency  of  the  application 
for  an  injunction,  may  be  granted  without 
notice  or  order  to  show  cause;  but  it  seems 
that  an  appeal  is  authorized  only  from  an 
order  granting  or  refusing  an  injunction 
properly  so  called.  Idem. 

Cited,  W.  U.  Tel.  Co.  v.  A.  &  P.  S.  T.  Co., 
5  Nev.  110. 

Injunction  will  not  issue  where  there  is  a 
full,  complete  and  adequate  remedy  at  law. 
Conley  v.  Chedic,  6"  Nev.  222. 

Injunction,  a  preventive  remedy.  An 
injunction  is  only  issued  to  prevent  appre- 
hended injury  or  mischief,  and  affords  no 
redress  for  wrongs  already  committed.  Sher- 
man v.  Clark,  4  Nev.  138  (97  A.  D.  516). 

Probability  of  injury  to  justify  injunction. 
To  make  out  a  case  for  injunction,  it  must 
appear  that  there  is  at  least  a  reasonable 
probability,  not  merely  a  bare  possibility, 
that  a  real  injury  will  occur  if  the  writ  is 
not  granted.  Idem. 

Acts  not  authorizing  injunction.    Idem. 

Injunction — Proper  practice  by  court. 
Hawthorne  v.  Smith,  3  Nev.  182  (93  A."  D. 
397). 

No  injunction  on  complaint  alone  when 
fully  denied  by  answer  —  General  rule. 
Magnet  M.  Co.  v.  P.  &  P.  S.  M.  Co.,  9 
Nev.  346. 

Discretion  in  granting  preliminary  injunc- 
tions. When  it  is  granted  on  a  complaint 
exhibiting  a  prima  facie  case,  and  there  is 
no  answer  put  in,  and  no  showing  made  that 
any  defense  on  the  merits  exists,  the  order 
will  not  be  disturbed.  Hobart  v.  Ford,  6 
Nev.  77;  Sierra  Nevada  M.  Co.  v.  Sears,  10 
Nev.  346. 

Sufficiency  of  complaint  —  Insolvency  of 
defendant.  Idem. 

Injunction  auxiliary  to  controverted  legal 
right.  Parties  have  a  right  to  have  legal 
right  determined  by  a  jury  before  injunction 
can  properly  issue.  Ophir  Co.  v.  Carpenter, 
4  Nev.  534  (97  A.  D.  550). 

Injunction — Escaping  water — Prescriptive 
right.  Where,  in  an  action  against  the 
owner  of  a  ditch,  for  escape  of  water  there- 
from onto  the  plaintiff's  land,  defendants 
claim  a  prescriptive  right,  which  would  in 
time  ripen  into  an  adverse  right,  plaintiff 


prevailing  is  entitled  to  an  injunction. 
Shields  v.  Orr  Ditch  Co.,  23  Nev.  349  (47  P. 
194). 

Eemedy  at  law  —  Continuing  trespass. 
Where  no  appreciable  injury  will  be  done  by 
the  acts  of  defendants,  that  are  threatened 
to  be  continued,  and  the  defendants  are  solv^ 
ent  and  able  to  respond  in  damages,  an 
injunction  will  not  be  granted,  although  the 
title  of  plaintiff  is  undisputed.  To  justify 
the  issuance  of  an  injunction  there  must  be 
cause  to  fear  irreparable  damage  for  which 
courts  of  law  furnish  no  adequate  remedy. 
Thome  v.  Sweeney,  12  Nev.  251. 

Injunction  in  actions  of  trespass.  The 
foundation  of  the  jurisdiction  in  a  court  of 
equity  to  issue  an  injunction,  in  aid  of  the 
action  of  trespass,  is  the  probability  of  irre- 
parable injury;  the  inadequacy  of  pecuniary 
compensation;  or  the  prevention  of  a  multi- 
plicity of  suits.  Idem. 

Pleadings — Irreparable  injury.  It  is  not 
sufficient  that  the  complaint  alleges  that  the 
injury  would  be  irreparable.  The  plaintiff 
must  affirmatively  state  the  necessary  facts 
to  show  the  court  that  the  injury  will  be 
irreparable.  Idem.  Affirmed,  Rivers  v.  Bur- 
bank,  13  Nev.  398;  Thome  v.  Sweeney,  13 
Nev.  415;  Hoye  v.  Sweetman,  19  Nev.  376 
(32  P.  504). 

No  injunction  where  motion  affords  remedy. 
Hamer  v.  Kane,  7  Nev.  61. 

When  injunction  will  not  issue  to  restrain 
collection  of  taxes.  No  court  of  equity  will 
allow  its  injunction  to  issue  to  restrain  the 
collection  of  a  tax,  except  when  actually 
necessary  to  protect  the  rights  of  citizens 
who  have  no  plain,  speedy  and  adequate 
remedy  at  law.  W.  F.  &  Co.  v.  Dayton,  11 
Nev.  161. 

Before  an  injunction  will  be  granted,  it 
must  appear  that  the  enforcement  of  the  tax 
would  lead  to  a  multiplicity  of  suits,  or  pro- 
duce irreparable  injury,  or,  if  the  property 
is  real  estate,  throw  a  cloud  upon  the  title 
of  .complainant,  or  there  must  be  some  alle- 
gation of  fraud.  Idem. 

Insolvency  of  assessor.  The  mere  allega- 
tion of  the  insolvency  of  the  assessor  is  not 
sufficient  to  authorize  the  court  to  grant  an 
injunction  to  restrain  the  collection  of  a 
tax.  Idem. 

Injunction  too  late  to  restrain  act  already 
done.  Warrants  already  issued  by  a  county 
auditor  are  beyond  the  reach  of  an  injunc- 
tion suit  brought  to  restrain  him  from  issu- 
ing such  warrants.  Webster  v.  Fish,  5  Nev.  190. 

Injunction  not  the  proper  remedy — Assign- 
ment of  undertaking  on  attachment  or  com- 
mencement of  action  thereon.  Elder  v. 
Shaw,  12  Nev.  78. 


5137.    In  what  cases  injunction  may  be  granted. 

SEC.  195.    An  injunction  may  be  granted  in  the  following  cases: 
1.  When  it  shall  appear  by  the  complaint  that  the  plaintiff  is  entitled  to 
the  relief  demanded,  and  such  relief  or  any  part  thereof  consists  in  restrain- 
ing the  commission  or  continuance  of  the  act  complained  of,  either  for  a 
limited  period  or  perpetually. 


1495 


CIVIL  PRACTICE 


Sec.  5140 


2.  When  it  shall  appear  by  the  complaint  or  affidavit  that  the  commission 
or  continuance  of  some  act,  during  the  litigation,  would  produce  great  or 
irreparable  injury  to  the  plaintiff. 

3.  When  it  shall  appear,  during  the  litigation,  that  the  defendant  is  doing 
or  threatens,  or  is  about  to  do,  or  is  procuring  or  suffering  to  be  done,  some 
act  in  violation  of  the  plaintiff's  rights  respecting  the  subject  of  the  action, 
and  tending  to  render  the  judgment  ineffectual. 

Kerr,  C.C.P.,.V-'<i. 

May  enjoin  bank  examiner  from  closing  solvent  bank,  soc.  (>/.">. 

An  injunction  is  only  issued  to  prevent  sound  discretion,  grant  a  temporary  injunc- 

ap]>rehended  injury  or  mischief,  and  affords  tion  where  the  rights  of  the  parties  under 

no  redress  for  wrongs  already  committed.  the  circumstances  may  be  better  protected 

Sherman  v.  Clark,  4  Nev.  141  (97  A.  D.  516).  thereby.  Rhodes  M.  Co.,  v.  Belleville  P.  M. 

Under  this  section  the  court  ma}',  in  its  Co.,  32  Nev.  230  (106  P.  561). 

5188.    Injunction,  when  granted—  Complaint  verified. 

SEC.  196.  The  injunction  may  be  granted  at  the  time  of  issuing  the 
summons  upon  the  complaint,  and  at  any  time  afterwards,  before  judg- 
ment, upon  affidavits  or  other  evidence.  The  complaint  in  the  one  case, 
and  the  affidavits  or  other  evidence  in  the  other,  shall  show  satisfactorily 
that  sufficient  grounds  exist  therefor.  No  injunction  shall  be  granted  on 
the  complaint  unless  it  be  verified  by  the  oath  of  the  plaintiff,  or  some  one  in 
his  behalf,  that  he,  the  person  making  the  oath,  has  read  the  complaint,  or 
heard  the  complaint  read,  and  knows  the  contents  thereof,  and  the  same 
is  true  of  his  own  knowledge,  except  the  matters  therein  stated  on  infor- 
mation and  belief,  and  that  as  to  those  matters  he  believes  it  to  be  true. 
When  granted  on  the  complaint,  a  copy  of  the  complaint  and  verification 
attached  shall  be  served  with  the  injunction;  when  granted  upon  affidavit, 
without  notice,  a  copy  of  the  affidavit  shall  be  served  with  the  injunction. 

Kerr.C.  C.P.,527. 

Where  the  verification  to  the  complaint  sufficient.  Sierra  Nev.  M.  Co.  v.  Sears,  10 
i.s  in  the  form  required  by  this  section,  it  is  Nev.  346,  353. 

5139.  Injunction  not  allowed  after  answer  except  on  notice—  Restraining 

order. 

SEC.  197.  An  injunction  shall  not  be  allowed  after  the  defendant  has 
answered,  unless  upon  notice,  or  upon  an  order  made  as  provided  in  section 
199,  but  in  such  case  the  defendant  may  be  restrained  until  the  decision  of 
the  court  or  judge  granting  or  refusing  the  injunction. 

Kerr,C.C.P.,528. 

5140.  Undertaking  required  upon  injunction. 

SEC.  198.  On  granting  an  injunction,  or  a  restraining  order,  the  court 
or  judge  must  require,  except  when  the  state,  a  county,  or  municipal  cor- 
poration, or  a  married  woman  in  a  suit  against  her  husband,  is  a  party 
plaintiff,  a  written  undertaking  on  the  part  of  the  plaintiff,  with  sufficient 
sureties,  to  the  effect  that  the  plaintiff  will  pay  to  the  party  enjoined  such 
damages,  not  exceeding  an  amount  to  be  specified,  as  such  party  may  sus- 
tain by  reason  of  the  injunction,  if  the  court  finally  decide  that  the  plaintiff 
was  not  entitled  thereto.  Within  five  days  after  the  service  of  the  injunc- 
tion, the  defendant  may  except  to  the  sufficiency  of  the  sureties.  If  he  fails 
to  do  so  he  is  deemed  to  have  waived  all  objections  to  them.  When  excepted 
to,  the  plaintiff's  sureties,  upon  notice  to  the  defendant  of  not  less  than  two 
nor  more  than  five  days  must  justify  before  a  judge  or  county  clerk  in  the 
same  manner  as  upon  bail  on  arrest,  and  upon  failure  to  justify,  or  if  others 
in  their  place  fail  to  justify  at  the  time  and  place  appointed,  the  order 
granting  an  injunction  shall  be  dissolved. 

Kcrr,  C.C.  P.,  529. 


Sec,  5141  CIVIL  PRACTICE  1496 

5141.  Court  or  judge  may  order  hearing  before  granting  injunction- 

Affidavits  used. 

SEC.  199.  If  the  court  or  judge  deem  it  proper  that  the  defendant,  or 
any  of  several  defendants,  should  be  heard,  before  granting  the  injunc- 
tion, an  order  shall  be  made  fixing  a  time  and  place  for  hearing  the  applica- 
tion for  the  injunction,  a  copy  of  which  order  shall  be  served  upon  the 
person  or  persons  designated  therein,  and  the  defendant  may  in  the  mean- 
time be  restrained.  Upon  the  hearing,  the  parties  may  use  affidavits,  other 
written  evidence,  and  oral  testimony. 

Kerr,  C.C.  P.,530. 

5 142.  Injunction  to  suspend  business  of  corporation— Notice— Exception— 

When  state  a  party. 

SEC.  200.  An  injunction  or  restraining  order  to  suspend  the  general 
and  ordinary  business  of  a  corporation  shall  not  be  granted  without  due 
notice  of  the  application  therefor,  to  be  served  in  the  manner  prescribed 
for  service  of  the  summons  in  the  action,  except  when  the  state  is  a  party 
to  the  proceeding. 

Kerr,  C.C.  P.,  531. 

Under    this    section,    in    a    proceeding   by  why  a  receiver  should  not  be  appointed  is 

stockholders    to    appoint    a    receiver    for    a  not  a  sufficient  notice,  and  all  orders  made 

bank,   and  to   enjoin   its   further   operation,  in    such   a   proceeding   without   making   the 

the  directors  of  the  bank  must  be  made  par-  directors  parties  are   void.     Golden   v.   Dis- 

ties  to  the  proceeding,  and  notice  command-  trict  Court,  31  Nev.  250,  261  (101  P.  1021). 
ing  an  appearance  forthwith  to  show  cause 

5143.  Motion  to  dissolve  or  modify  injunction— Notice— Hearing. 

SEC.  201.  If  an  injunction  be  granted  without  notice,  the  defendant,  at 
any  time  before  the  trial,  may  apply,  upon  reasonable  notice,  to  the  judge 
who  granted  the  injunction,  or  to  the  court  in  which  the  action  is  pending, 
or  a  judge  thereof,  to  dissolve  or  modify  the  same.  The  application  may 
be  made  upon  the  complaint  and  the  affidavit  or  affidavits  on  which  the 
injunction  was  granted,  if  any  were  used,  or  upon  affidavits  or  other  testi- 
mony on  the  part  of  the  defendant,  with  or  without  the  answer.  If  the 
application  be  made  upon  affidavit,  or  other  evidence,  on  the  part  of  the 
defendant,  but  not  otherwise,  the  plaintiff  may  oppose  the  same  by  affidavits 
or  other  evidence  in  addition  to  the  affidavits  on  which  the  injunction  was 
granted,  and  the  defendant  may  then,  in  proper  cases,  introduce  rebutting 
affidavits  or  other  evidence ;  provided,  that  for  the  purpose  of  allowing  the 
plaintiff  to  introduce  further  evidence,  the  answer  or  verification  thereto 
attached  shall  be  deemed  an  affidavit. 

Kerr,  C.C.  P.,  532. 

5144.  Supreme  court  may  prescribe  rules. 

SEC.  202.  The  supreme  court  may  prescribe  by  rule  the  time  when  and 
the  cases  in  which  the  service  of  affidavits  to  be  used  upon  applications 
for  injunctions,  and  motions  to  dissolve  injunctions,  shall  be  made;  and 
may  also  provide  by  rule  for  the  giving  of  notice  before  such  hearing  of  the 
kind  of  testimony  to  be  used,  and  make  all  needful  rules  on  the  subject  of 
injunctions  not  in  conflict  with  this  or  other  acts. 

5145.  Injunction  refused  or  dissolved  —  Bond  given,  when  —  Receiver 

appointed,  when. 

SEC.  203.  If,  upon  the  hearing  of  an  application  for  an  injunction,  or  for 
the  dissolution  of  an  injunction,  it  does  not  satisfactorily  appear  that  there 
is  a  sufficient  cause  for  an  injunction,  or  if  it  appear  that  the  extent  of  the 
injunction  is  too  great,  it  shall  be  refused,  dissolved,  or  modified,  as  the 
case  may  be,  and  upon  all  such  applications,  in  actions  respecting  mines, 


1497 


CIVIL  PRACTICE 


Sec.  5146 


or  in  actions  respecting  or  involving  the  question  of  the  irrigation .  of. 
lands,  the  court  or  judge  hearing  the  same  may,  instead  of  granting  or 
continuing  the  injunction,  make  an  order  requiring  the  party  against 
whom  the  application  is  made,  to  give  a  bond  in  an  amount  fixed  by  such 
court  or  judge,  with  sufficient  sureties,  to  be  approved  by  such  court  or 
judge,  conditioned  for  the  payment  to  the  plaintiff  of  all  damages  which 
he  may  sustain  by  reason  of  the  use  or  occupation  of  the  mine  or  other 
acts  complained  of  by  the  party  giving  the  bond,  his  or  its  agents,  servants, 
employees,  grantees  or  other  persons  by  his  or  its  consent,  pending  the  litiga- 
tion. If  the  plaintiff  finally  recover,  or  if  upon  failure  to  give  such  bond 
within  the  time  prescribed  in  the  order,  the  injunction  shall  be  granted  or 
continued,  as  the  case  may  be,  or  the  court  or  judge  may  appoint  a  receiver 
to  take  charge  of  the  mine,  or  the  proceeds  thereof,  pending  litigation. 

Kerr,  C.  (\  I'... ->.".<)  533. 

The  district  court  has  the  power  to 
appoint  :i  receiver,  <m  an  ex  part.-  applica- 
tion, when  a  proper  showing  is  made,  as  in 
this  case.  Maynard  v.  Railey,  2  Nev.  :?1.'.. 

The  court  will  appoint  receiver,  when  one 
partner  excludes  his  copartner  from  a  parti 
cipation  in  the  affairs  of  the  partnership. 
So,  too,  \\hen  both  partners  have  assigned 
their  respective  interests,  and  the  assignees 
cannot  a^ree.  Idem. 

When  suit   is  brought  and  summons  issued, 


the  court  lias  power  to  appoint  a  receiver 
before  the  summons  is  served  on  defendants. 
But  the  appointment  of  a  receiver  ought  not 
to  be  made  without,  notice,  except  in  cases 
of  emergency.  Idem. 

Injunction,  when  to  be  dissolved — Denial 
of  equities.  An  injunction  -ranted  upon  a 
complaint,  the  allegations  of  which  have 
been  fully  and  fairly  denied  by  the  answer, 
should  on  motion  and  in  the  absence  of 


further  showing  be  dissolved,  unless  in 
exceptional  cases  when  good  reason  appears 
for  continuing  it.  Magnet  v.  P.  &  P.  S.  M. 
Co.,  9  Nev.  346. 

Motion  to  dissolve  injunction  on  complaint 
and  answer.  On  a  motion  to  dissolve  an 
injunction,  heard  upon  complaint  and  answer 
alone,  the  full  and  fair  denials  of  the  answer 
are  taken  as  true.  Idem. 

Where  no  evidence  to  sustain  complaint, 
injunction  must  be  dissolved.  Where  the 
main  allegations  of  a  complaint  for  injunc- 
tion, made  upon  information  and  belief, 
were  fully  and  positively  denied  by  the 
answer;  and  on  motion  to  dissolve  an  injunc- 
tion granted  thereon  without  notice,  the  evi- 
dence entirely  failed  to  sustain  any  of  the 
material  allegations  of  the  complaint:  Held, 
that  a  denial  of  such  motion  was  too  erron- 
eous to  admit  of  discussion.  Perley  v.  For- 
man,  7  Nev.  309. 


5146.    Bond  instead  of  dissolution. 

SEC.  204.  It  shall  be  good  cause,  in  the  discretion  of  the  court  or  judge, 
for  the  dissolution  of  an  injunction  that  the  plaintiff  is  doing,  or  causing, 
or  permitting  to  be  done,  some  act  pending  the  litigation  which,  if  con- 
tinued, will  be  injurious  to  the  defendant  if  he  finally  recover,  or  to  the 
property  in  dispute.  But  the  court  or  judge  hearing  a  motion  to  dissolve 
an  injunction,  may,  instead  of  granting  such  motion,  direct  by  order  that 
the  plaintiff  give  to  the  parties  restrained  a  bond  conditioned,  as  provided 
in  section  203,  or  upon  his  failure  to  do  so  within  the  time  prescribed  in 
such  order,  that  the  injunction  shall  be  dissolved. 

Kerr,  C.  C.  P.,  530-533. 

CHAPTER  22 


ATTACHMENT 


5147. 
5148. 
5149. 
5150. 

5151. 
5152. 
5153. 

5154. 


Attachment  of  property  of  defendant       5155. 

— When  allowed. 

Clerk  to  issue  writ  of  attachment  upon       5156. 
*     affidavit — Contents. 
Undertaking     required      before      writ       5157. 

issues. 
Writ    directed    to    sheriff — Contents — 

To  different  counties.  5158. 

Property  subject  to  attachment. 
Writ,  how  executed.  5359. 

Idem — Property  in  the  hands  of  other 

persons — Service.  5160. 

Liability  of  other  persons  for  property 

— Garnishment.  5161. 


Examination  of  defendant  and  others 
— Order  for  delivery. 

Officer  to  make  inventory — Statement 
of  persons  served — Costs. 

Perishable  property  to  be  sold — Pro- 
ceeds— Debts  to  be  collected — Sher- 
iff's receipt. 

Property  attached  may  be  sold  under 
execution,  when. 

Judgment,  how  satisfied  —  Notice  of 
sale — Sale  for  balance  due. 

Deficiency — Collected  as  upon  execu- 
tion— Redelivery. 

Action  on  defendant's  undertaking. 


Sec.  5147  CIVIL  PRACTICE  1498 

5162.  Proceedings  when  defendant  recovers       5165.  Motion  to   discharge   writ   for   irregu- 

judgment.  larity. 

5163.  Application    to    discharge    or    modify       5166.  Idem — When  made  upon  affidavits. 

on  giving  bond.  5167.  Writ   improperly   issued,    discharged — 

5164.  Undertaking  for  release — Justification  Amendment  of  writ. 

of  sureties.  5l68.  Return  of  writ  by  sheriff — Contents. 

5147.    Attachment  of  property  of  defendant,  when  allowed. 

SEC.  205.  The  plaintiff  at  the  time  of  issuing  the  summons,  or  at  any 
time  afterwards,  may  have  the  property  of  the  defendant  attached  as  secu- 
rity for  the  satisfaction  of  any  judgment  that  may  be  recovered,  unless  the 
defendant  give  security  to  pay  such  judgment  as  hereinafter  provided  in 
the  following  cases : 

1.  In  an  action  upon  a  judgment  or  upon  a  contract,  express  or  implied, 
for  the  direct  payment  of  money,  which  is  not  secured  by  mortgage,  lien  or 
pledge  upon  real  or  personal  property  situated  or  being  in  this  state ;  or  if 
originally  so  secured,  when  such  security  has,  without  any  act  of  the 
plaintiff  or  the  person  to  whom  the  security  was  given,  become  valueless 
or  insufficient  in  value  to  secure  the  sum  due  the  plaintiff,  in  which  case  the 
attachment  shall  issue  only  for  the  unsecured  portion  of  the  amount  due 
the  plaintiff,  or  excess  of  the  amount  due  the  plaintiff  above  the  value  of 
the  security  as  the  same  has  become  so  insufficient. 

2.  In  an  action  against  a  defendant  not  residing  in  this  state. 

3.  In  an  action  by  a  resident  of  this  state  for  the  recovery  of  the  value 
of  property,  where  such  property  has  been  converted  by  a  defendant  with- 
out the  consent  of  the  owner. 

4.  Where  a  defendant  has  absconded,  or  is  about  to  abscond  with  the 
intent  to  defraud  his  creditors. 

5.  Where  a  defendant  conceals  himself  so  that  service  of  summons  can- 
not be  made  upon  him. 

6.  Where  a  defendant  is  about  to  remove  his  property,  or  any  part 
thereof,  beyond  the  jurisdiction  of  the  court,  with  the  intent  to  defraud 
his  creditors. 

7.  Where  a  defendant  is  about  to  convert  his  property,  or  any  part 
thereof,  into  money,  with  the  intent  to  place  it  beyond  the  reach  of  his 
creditors. 

8.  Where  a  defendant  has  assigned,  removed,  disposed  of,  or  is  about  to 
dispose  of  his  property,  or  any  part  thereof,  with  the  intent  to  defraud  his 
creditors. 

9.  Where  a  defendant  has  fraudulently  or  criminally  contracted  the  debt 
or  incurred  the  obligation  for  which  suit  has  been  commenced. 

Kerr,  C.  C.P.,537. 

The    attachment    law    of    1861    was    not  Cited,  Lake  Bigler  K.   Co.   v.  Bedford,  4 

repealed  by  the  amendment  of  1864-5.     The  Nev.  404. 

old  law  remains  unimpaired  as  to  debts  con-  Where  an  affidavit  was  made  on  October 

tracted  prior  to  the  amendment,  while  the  5th,   stating  the  necessary  facts  to  justify 

amendments  have  application  only  to  liabili-  the  issuance  of  an  attachment,  but  it  was 

ties    incurred    since    their    enactment.     Wil-  not  filed  until  the  16th,  on  which   day  the 

Hams  v.  Glasgow,  1  Nev.  533.  attachment  was  issued:     Held,  this  was  suf- 

An  amendment  of  an  attachment  act  conj  ficient  to  justify  the  issuance  of  the  writ, 

tinues  the  old  law  in  full  force  so  far  as  it  It  having  been  shown  that  the  debt  waj^  past 

relates    to    prior    contracts.     Idem.     Bowers  due  and  unpaid  on  the  5th,  the  presumption 

v.  Beck,  2  Nev.  157-159.  of  law  is  it  still  remains  so  on  the  16th,  there 

This  section  is  somewhat  similar  to  section  being  no   showing  to  the   contrary.     O'Neil 

]43,  Stats.  1861,  337,  which  section  has  had  v.  N.  Y.  &  S.  P.  M.  Co.,  3  Nev.  141,  150-153. 

the  following  citations:  The  process  of  attachment  creates  a  lien 

The     district     court     has    the    power    to  upon    the    property    of    the    debtor    that    is 

appoint  a  receiver  on  an  ex  parte  applica-  seized  thereunder,  and  it  is  thereafter  held 

tion,  where  a  proper  showing  is  made.     May-  as  security  for  the  satisfaction  of  any  judg- 

mird  v.  Eailey,  2  Nev.  313,  315.  ment  that  may  be  obtained  by  the  plaintiff 


1499  CIVIL  PRACTICE  Sec.  5149 

in  the  action.     Gaudette  v.  Boeder,  13  Nev.  good  cause   of  action  for   attachment  upon 

:U7.  the  grounds  stated.     Held,  also,  that  it  was 

An  attachment  is  a  mere  ancillary  remedy,  not    necessary    that    all    the    specific    acts 

ami    in    all    cases    an   action    must   be   com-  alleged   to   have   been   committed  in   pursu- 

<l  or  must  be  pending  at  the  time  the  ance  of  the  conspiracy  be  in  themselves  of 

writ  is  issued.     Levy  v.  Elliot,  14  Nev.  438.  a  criminal  nature,  or  that  it  be  determined 

<-itod,  Sadler  v.  Tatti,  17  Nev.  435(30  P.  whether    each    and    every    specific    act    is 

unlawful.     Branson    v.    I.    W.    W.,    30    Nev. 

TIL  lor  the  provisions  of  the  ninth  clause  271,  286,  293  (95  P.  354). 

of  this  section  an  attachment  will  lie  where  When  a  party  acts  in  good  faith,  he  is 
tin-  -a use  of  action  arose  out  of  a  rape  on  not  guilty  of  constructive  fraud  in  corn- 
plaintiff's  daughter.  Kuehn  v.  Paroni,  20  mencing  an  attachment  suit  upon  a  stated 
X.'v.  206  (19  P.  273).  account  for  a  greater  sum  than  is  actually 

An    affidavit   reciting  that   an   action   had  due.     His  attachment  to  the  extent   of  the 

In TII  brought  to  recover  a  sum  of  money  for  amount    actually   due   him   is   valid   against 

goods    sold    and    delivered    at    defendant's  subsequent  attaching  creditors.     Mendes  v. 

nMjuest,   and   that    defendant   was   indebted  Freiters,  16  Nev.  388. 

to  plaintiff  in  such  sum  over  and  above  all  An     objection     to     the     validity     of     an 

set-offs   or  counterclaims,   and   averring  the  attachment  on  the  ground  that  the  affidavit 

existence   of   two   grounds    for    attachment,  and    the    undertaking   were    defective,    can- 

H'u  ient  to  warrant  the  issuance  of  an  not  be  raised  by  a  third  party  in  a  collateral 

atta.-hment.     Pratt   v.   Stone,   25   Nev.   365,  proceeding.    Moresi  v.  Swift,  15  Nev.  215. 

>  P.  514).  Wood  cut  by  contractor  not  attachable  as 

After    reciting    the    facts,    in    an    action  his  property.    Hilger  v.  Edwards/  5  Nev.  84. 

anainst   the   voluntary   unincorporated   asso-  Bill  of  sale  subsequent  to  attachment  is 

eiation  and  its  members  where  damages  for  not  admissible  in  evidence  because  the  case 

injuries   to   plaintiff's   business   by   boycott,  upon  the  facts  necessarily  turned  upon  the 

•  >r<  ..    wherein    the    affidavit    for    attachment  question    as    to    whether    the    property   was 

rt'i-itos    subdivision    9    above    as    the    ca  se  liable  to  attachment.     Tognini  v.  Kyle,  17 

th.'ivfor:    Held,  that  the  affidavit   states  a  Nev.  209  (45  A.  E.  442,  30  P.  829). 

5148.  Clerk  to  issue  writ  of  attachment  upon  affidavit— Contents. 

SEC.  206.  The  clerk  of  the  court  shall  issue  the  writ  of  attachment  upon 
receiving  and  filing  an  affidavit  by  or  on  behalf  of  the  plaintiff  showing  the 
nature  of  the  plaintiff's  claim,  that  same  is  just,  the  amount  which  the 
affiant  believes  the  plaintiff  is  entitled  to  recover,  and  the  existence  of  any 
one  of  the  grounds  for  an  attachment  enumerated  in  the  preceding  section. 

Krrr.  C.  C.  I '.,088. 

\Vh«>n    au    attachment    is    issued    upon    a  Great  strictness  in  the  form  of  the  affida- 

clnim  incurred  prior  "to  the  taking  effect  of  vit  should  not  be  required.     The  defendant 

a   iic\v  attachment  act,"  the  affidavit  is  suf-  is   protected   by  bond.     Bowers   v.   Beck,   2 

ficient    if   it   conforms   to   the   requirements  Nev.  140. 

of   the   old   act,   and   need   not   contain   the  See  Pratt  v.  Stone,  25  Nev.  365,  372  (60 

averments   required   by   the   new   act.     Wil-  P.  514),  under  sec.  205  of  this  act. 
liams  v.  Glasgow,  1  Nev.  533,  538. 

5149.  Undertaking  required  before  writ  issues. 

SEC.  207.  Before  issuing  the  writ  the  clerk  shall  require  a  written 
undertaking  on  the  part  of  the  plaintiff  payable  in  gold  coin  of  the  United 
States,  in  a  sum  not  less  than  two  hundred  ($200)  dollars;  and  not  less 
than  one-fourth  of  the  amount  claimed  by  plaintiff,  and  not  exceeding  five 
thousand  ($5,000)  dollars,  with  two  or  more  sureties  to  the  effect  that  if 
said  plaintiff  dismiss  such  action  or  if  the  defendant  recover  judgment  the 
plaintiff  will  pay  in  gold  coin  of  the  United  States  all  costs  that  may  be 
awarded  to  the  defendant,  and  all  damages  which  he  may  sustain  by  reason 
of  the  attachment  including  attorney's  fees,  not  exceeding  the  sum  specified 
in  the  undertaking.  Each  of  the  sureties  shall  annex  to  the  undertaking  an 
affidavit  that  he  is  a  resident  and  householder  or  freeholder  within  the 
state,  and  worth  double  the  sum  specified  in  the  undertaking  over  and  above 
all  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 
Upon  showing  by  the  defendant  after  notice  to  the  plaintiff,  the  court  may 
require  an  additional  bond. 

Kerr,  C.  C.  P.,  539. 

Cited,  Bowers  v.  Beck,  2  Nev.  14<>. 


Sec.  5150  CIVIL  PRACTICE  1500 

5150.  Writ  directed  to  sheriff— Contents— To  different  counties. 

SEC.  208.  The  writ  shall  be  directed  to  the  sheriff  of  any  county  in 
which  property  of  such  defendant  may  be,  and  require  him  to  attach  and 
safely  keep  all  the  property  of  such  defendant  within  his  county  not  exempt 
from  execution,  or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plain- 
tiff's demand,  the  amount  of  which  shall  be  stated  in  conformity  with  the 
complaint,  unless  the  defendant  give  him  security  by  the  undertaking,  of  at 
least  two  sufficient  sureties,  in  an  amount  sufficient  to  satisfy  such  demand, 
besides  costs,  in  the  money  or  currency  of  the  contract,  in  which  case  to 
take  such  undertaking.  Several  writs  may  be  issued  at  the  same  time  to 
the  sheriffs  of  different  counties. 

Kerr,  C.  C.P.,540. 

When    sureties,  not  knowing  that   a   writ  default  or  miscarriage  of  another."    Lightle 

of    attachment    had    been    levied    upon    the  v.  Berning,  15  Nev.  389. 

property     of     the     defendant,     execute     an  Such  an  undertaking  is  not  void  because 

undertaking    to    prevent    the    levy    of    an  the   consideration   is   not   expressed  therein 

attachment,  and  the  property  that  had  pre-  The  release  of  property  from  an  attachment 

viously    been    levied    upon    is    subsequently  constitutes  a  sufficient  consideration  for  the 

released  from  the  attachment:  Held,  in   an  undertaking.     Idem. 

action   against   sureties,   that   their   promise  An    attachment    must    be    served    by    the 

was  only  to  prevent  a  levy  of  the  writ  of  sheriff  of  the  county  where  the  property  is 

attachment,  and  that  they  could  not  be  held  situated,  except  in  cases  where  one  county 

liable  for  the  release  of  the  property  after  is  attached  to  another  for  judicial  purposes, 

the  attachment  had  been  levied.     Laveaga  Sadler  v.  Tatti,  17  Nev.  435  (30  P.  1082). 
v.  Wise,  13  Nev.  296,  301.  Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v. 

An  undertaking  under  this  section  is  not  Grimes,  29  Nev.  59  (84  P.  1061). 
a  "special  promise  to  answer  for  the  debt, 

5151.  Property  subject  to  attachment. 

SEC.  209.  The  rights  or  shares  which  the  defendant  may  have  in  the 
stock  of  any  corporation  or  company,  together  with  the  interest  and  profits 
therein,  and  all  debts  due  such  defendant,  and  all  other  property  in  this 
state  of  such  defendant  not  exempt  from  execution,  may  be  attached,  and 
if  judgment  be  recovered,  be  sold  to  satisfy  the  judgment  and  execution. 

Kerr,  C.C.P.,541. 

Regarding  preferred  claims  for  wages,  see  section  5494;  and  preferred  lien  on  bullion  for 
ore,  section  5492. 

5152.  Writ,  how  executed. 

SEC.  210.  The  sheriff  to  whom  the  writ  is  directed  and  delivered  shall 
execute  the  same  without  delay,  and  if  the  undertaking  mentioned  in  sec- 
tion 208  be  not  given,  as  follows : 

1.  Real  property  shall  be  attached  by  leaving  a  copy  of  the  writ  with  the 
occupant  thereof ;   or,  if  there  be  no  occupant,  by  posting  a  copy  in  a  con- 
spicuous place  thereon,  and  filing  a  copy,  together  with  a  description  of  the 
property  attached,  with  the  recorder  of  the  county. 

2.  Personal  property  capable  of  manual  delivery  shall  be  attached  by  tak- 
ing it  into  custody. 

3.  Stock  or  shares,  or  interest  in  stock  or  shares,  of  any  corporation  or 
company,  domestic  or  foreign,  shall  be  attached  by  leaving  with  the  presi- 
dent, or  other  head  of  the  corporation  or  company,  or  secretary,  cashier  or 
managing  agent  thereof,  a  copy  of  the  writ,  and  a  notice  stating  the  stock 
or  interest  of  the  defendant  is  attached  in  pursuance  of  such  writ.    If  the 
corporation  or  company  have  no  president  or  other  head,  or  secretary, 
cashier  or  managing  agent  in  this  state,  and  is  doing  business  in  this  state, 
upon  whom  a  copy  of  the  writ  and  notice  may  be  left,  the  attachment  may 
be  made  by  service  of  the  writ  and  notice  in  the  manner  allowed  for 
the  service  of  summons.     Any  transfer  or  attempt  to  transfer  stock  so 
attached  shall  be  deemed  a  contempt  of  court  and  punished  accordingly. 

4.  Debts  and  credits,  due  or  to  become  due,  and  other  personal  property, 


1501  CIVIL  PRACTICE  Sec,  5155 

not  capable  of  manual  delivery,  shall  be  attached  by  leaving  with  the  per- 
son owing  such  debts,  or  having  in  his  possession,  or  under  his  control, 
such  credits  or  other  personal  property,  a  copy  of  the  writ,  and  a  notice 
that  the  debts  owing  by  him  to  the  defendant,  or  the  credits  and  other 
personal  property  in  his  possession  or  under  his  control,  belonging  to  the 
defendant,  are  attached  in  pursuance  of  such  writ. 

Kerr,  C.  C.  P.,.">42. 

Neglect  of  sheriff  in  attachment,  sec.  1051. 

Where  a  sheriff  seized  and  sold  on  execu-  any     interference    therewith    gives    him    a 

tion  out  of  a  district  court  goods  which  were  right     of     action     against     the     wrongdoer, 

held  by  a  constable  on  attachment  out  of  a  Idem. 

justice's     court:     Held,     that     the     sheriff,  In   an   estate,  where  no  order  for  distri- 

t In »ugh  he  was  responsible  to  the  constable,  bution  has  been  made,  neither  the  executor 

was  not  so  to  the  creditor  in  the  attachment  nor  administrator  is  liable  to  the  process  of 

suit.     Foulks  v.  Pegg,  6  Nev.  136.  garnishment,  nor  can  an  allowed  and  approved 

An    officer    who    has    seized    goods    upon  < -him  against  the  estate  b'e  levied  upon  and 

attachment  has  a  special  property  in  them,  solil   iimler  an   execution,  against  the  claim- 

rMiipled  with  the  right  of  possession;    and  ant.      Norton    v.    Clarke,    18    Nev.    247,    I'fm 

('2  P.  529). 

5153.  Idem  — Property  in  the  hands  of  other  persons— Service. 

SEC.  211.  Upon  receiving  information  in  writing  from  the  plaintiff  or 
his  attorney,  that  any  person  has  in  his  possession,  or  under  his  control, 
any  credits  or  other  personal  property  belonging  to  the 'defendant,  or  is 
owing  any  debt  to  defendant,  the  sheriff  shall  serve  upon  such  person  a 
copy  of  the  writ,  and  a  notice  that  such  credits  or  other  property  or  debts, 
as  the  case  may  be,  are  attached  in  pursuance  of  such  writ. 

Kerr,  C.  C.  P.,5|:;. 

Debts  not  actually  due  or  owing  but  readied  by  garnishment.  Beinhart  v.  Hard- 
depending  on  a  contingency,  cannot  be  esty,  17  Nev.  141,  145  (30  P.  694). 

5154.  Liability  of  other  persons  for  property— Garnishment. 

SEC.  212.  All  persons,  including  municipal  and  other  corporations,  hav- 
ing in  their  possession,  or  under  their  control,  any  credits  or  other  per- 
sonal property  belonging  to  the  defendant,  or  owing  any  debts  to  the 
defendant  at  the  time  of  service  upon  them  of  a  copy  of  the  writ  and  notice 
as  provided  in  the  last  two  sections,  shall  be,  unless  such  property  is 
delivered  up  or  transferred,  or  such  debts  be  paid  to  the  sheriff,  liable  to 
the  plaintiff  for  the  amount  of  such  credits,  property,  or  debts,  until  the 
attachment  be  discharged  or  any  judgment  recovered  by  him  be  satisfied. 

Kerr,  C.  C.  P.,  544. 

See  Norton  v.  Clarke,  18  Nev.  247,  250  (2  P.  529),  under  sec.  210  of  this  act;  also,  Reinhart 
v.  Hanirsty,  17  Nev.  141,  145  (30  P.  694),  under  sec.  211  of  this  act. 

5155.  Examination  of  defendant  and  others— Order  for  delivery. 

SEC.  213.  Any  person  owing  debts  to  the  defendant  or  having  in  his 
possession  or  under  his  control  any  credits  or  other  personal  property 
belonging  to  the  defendant,  may  be  required  to  attend  before  the  court, 
or  judge,  or  a  referee  appointed  by  the  court  or  judge,  and  be  examined  on 
oath  respecting  the  same.  The  defendant  may  also  be  required  to  attend 
for  the  purpose  of  giving  information  respecting  his  property,  and  may  be 
examined  on  oath.  The  court  or  judge  may,  after  such  examination,  order 
personal  property  capable  of  manual  delivery  to  be  delivered  to  the  sheriff 
on  such  terms  as  may  be  just,  having  reference  to  any  liens  thereon  or 
claims  against  the  same,  and  a  memorandum  to  be  given  of  all  other  per- 
sonal property,  containing  the  amount  and  description  thereof. 

Kerr,  C.C.  P.,545. 

Where   defendant   in   an   attachment   suit  lie    had    upon    his   person,    a    district    judge 

was  examined  under  this  section,  and  on  its  ordered    it    delivered    to    the    sheriff    to    be 

appearing  that  his  only  property  subject  to  held  subject  to  the  result  of  suit,  it  was  held 

attachment  consisted  of  mining  stock  which  that    such    order   was   not   in   excess   of   the 

95 


Sec.  5156  CIVIL  PRACTICE  1502 

judge's    jurisdiction.      Bivins    v.    Harris,    8  Plaintiff     having    attached    property     of 

Nev.  153-156.  defendant  in  the  hands  of  a  pledgee  thereof, 

The  examination  of  the  defendant,  pro-  and  having  obtained  a  judgment,  against 
vided  for  in  this  section,  contemplates  the  defendant,  cannot  apply  the  attached  prop- 
examination  of  defendant,  not  only  as  a  erty  to  the  satisfaction  of  his  judgment  by 
witness  in  a  proceeding  against  a  garnishee,  proceeding  under  this  section;  he  must 
but  in  a  direct  proceeding  against  himself;  move  by  direct  proceeding  against  the 
and  it  authorizes  a  discovery  of  property  pledgee  under  sec.  365,  et  seq.,  of  this  act  to 
concealed  upon  his  own  person  and  an  appli-  prevent  disposition  of  the  property  by  the 
cation  of  it  to  his  just  debts.  Idem.  pledgee,  pending  an  action  to  determine  the 

Where    a    district    judge,    in    proceedings  rights  in  the  property.     Persing  v.  Reno    B. 

under  this  section,  made  an  order  requiring  Co.,  30  Nev.  342,  350  (96  P.  1054). 
a  garnishee  to  deliver  to  the  sheriff  moneys  Such  plaintiff  may,  to  convert  to  the  satis- 

in    her    hands    claimed    to    belong    to    the  faction    of    the    judgment    property    in    the 

attachment  debtor,  it  was  held  that,  as  the  hands  of  a  third  person,  proceed  under  this 

statute  conferred  upon  the  judge  full  juris-  section,  where  the  title  to  the  property  is 

diction  over  person  and  subject-matter,  his  undisputed,  and  the  facts  clearly  show  that 

order,     however     erroneous,     could     not     be  it  belongs  to  defendant  and  that  the  third 

reviewed  on  certiorari.    Birchfield  v.  Harris,  person  claims  no  interest  therein.     Idem. 
9  Nev.  382-386. 

5156.  Officer  to  make  inventory— Statement  of  persons  served— Costs. 
SEC.  214.     The   sheriff   shall   make   a   full   inventory   of  the   property 

attached  and  return  the  same  with  the  writ.  To  enable  him  to  make  such 
returns  as  to  debts  and  credits  attached,  he  shall  request  at  the  time  of 
service  the  party  owing  the  debt,  or  having  the  credit,  to  give  him  a  memo- 
randum stating  the  amount  and  description  of  each;  and  if  such  memo- 
randum be  refused,  he  shall  return  the  fact  of  refusal  with  the  writ.  The 
party  refusing  to  give  the  memorandum  may  be  required  to  pay  the  costs 
of  any  proceeding  taken  for  the  purpose  of  obtaining  information  respect- 
ing the  amount  and  description  of  such  debt  or  credit. 

Kerr,  C.  C.P.,546. 

An  order  imposing  costs  against  a  gar-  221  of  this  act,  that,  in  giving  an  undertak- 

nishee  who  had  refused  to  make  a  state-  ing,  only  property  in  the  hands  of  the  sheriff 

ment,  is  not  a  "tax,  impost,  assessment,  or  could  be  released  and  not  property  in  a 

municipal  fine"  within  the  meaning  of  those  bank  which  had  been  garnisheed,  was  of  no 

words  as  used  in  Const.,  sec.  321,  ante.  merit.  Goldfield-Mohawk  M.  Co.  v.  Frances- 

Wearne  v.  Haynes,  13  Nev.  104,  105.  Mohawk  M.  &  L.  Co.,  31  Nev.  349,  358  (102 

A  contention,  under  this  section  and  sec.  P.  963). 

5157.  Perishable  property  to  be  sold— Proceeds— Debts  to  be  collected— 

Sheriffs  receipt. 

SEC.  215.  If  any  of  the  property  attached  be  perishable,  the  sheriff  shall 
sell  the  same  in  the  manner  in  which  such  property  is  sold  on  execution. 
The  proceeds  and  other  property  attached  by  him  shall  be  retained  by  him 
to  answer  any  judgment  that  may  be  recovered  in  the  action,  unless  sooner 
subject  to  execution  upon  another  judgment  recovered  previous  to  the 
issuing  of  the  attachment.  Debts  and  credits  attached  may  be  collected 
by  him,  if  the  same  can  be  done  without  suit.  The  sheriff's  receipt  shall 
be  a  sufficient  discharge  for  the  amount  paid. 

Kerr,  C.  C.P.,547. 

The  term  "perishable  property"  applies  only  to  property  which  is  necessarily  subject  to 
immediate  decay.  Newman  v.  Kane,  9  Nev.  234. 

5158.  Property  attached  may  be  sold  under  execution,  when. 

SEC.  216.  Whenever  property  has  been  taken  by  an  officer  under  a  writ 
of  attachment,  and  it  is  made  to  appear  satisfactorily  to  the  court,  or  a 
judge  thereof,  that  the  interest  of  the  parties  to  the  action  will  be  sub- 
served by  a  sale  thereof,  the  court  or  judge  may  order  such  property  to  be 
sold  in  the  same  manner  as  property  is  sold  under  an  execution,  and  the 
proceeds  to  be  deposited  in  the  court  to  abide  the  judgment  of  the  action. 
Such  order  can  be  made  only  upon  notice  to  the  adverse  party  or  his 
attorney. 

Kerr,  C.  C.  P., 548. 


1503  CIVIL  PRACTICE  Sec.  5163 

When  a  sheriff  attaches  personal  property  judgment,  unless  compelled  to  sell  on 
he  is  not  allowed,  under  the  statute,  to  con-  account  of  its  being  perishable;  and  it  is 
sidi'r  the  element  of  expense  in  its  preserva-  no  excuse  for  a  failure  to  have  it  so  ready 
tion  or  keeping,  but  is  bound  to  have  it  that  the  best  interests  of  the  parties  were 
iv.-idy  to  be  disposed  of  according  to  the  subserved  by  a  sale.  Newman  v.  Kane,  9 

X.-v.   238. 

5159.    Judgment,  how  satisfied— Notice  of  sale— Sale  for  balance  due. 

SEC.  217.  If  judgment  be  recovered  by  the  plaintiff,  the  sheriff  shall 
satisfy  the  same  out  of  the  property  attached  by  him  which  has  not  been 
delivered  to  the  defendant  or  a  claimant,  as  hereinafter  provided,  or  sub- 
jected to  execution  on  another  judgment  recovered  previous  to  the  issuing 
of  the  attachment,  if  it  be  sufficient  for  that  purpose : 

1.  By  paying  to  the  plaintiff  the  proceeds  of  all  sales  of  perishable  prop- 
erty sold  by  him  or  of  any  debts  or  credits  collected  by  him,  or  so  much  as 
shall  be  necessary  to  satisfy  the  judgment ; 

2.  If  any  balance  remain  due,  and  an  execution  shall  have  been  issued 
on  the  judgment,  he  shall  sell  under  the  execution  so  much  of  the  property, 
real  or  personal,  as  may  be  necessary  to  satisfy  the  balance,  if  enough  for 
that  purpose  remain  in  his  hands.    Notice  of  the  sales  shall  be  given,  and 
the  sales  conducted  as  in  other  cases  of  sales  on  execution. 

Krrr.  C.  C.  P., 550. 

Cited,  <iaudette  v.  Roeder,  I.".  NYv.  .".47. 

51  (JO.    Deficiency— Collected  as  upon  execution— Redeli very. 

SEC.  218.  If,  after  selling  all  the  property  attached  by  him  remaining 
in  his  hands,  and  applying  the  proceeds,  together  with  the  proceeds  of  any 
debts  or  credits  collected  by  him,  deducting  the  fees,  to  the  payment  of  the 
judgment,  any  balance  shall  remain  due,  the  sheriff  shall  proceed  to  collect 
such  balance  as  upon  an  execution  in  other  cases.  Whenever  the  judgment 
shall  have  been  paid,  the  sheriff,  upon  reasonable  demand,  shall  deliver 
over  to  the  defendant  the  attached  property  remaining  in  his  hands,  and 
any  proceeds  of  the  property  attached  unapplied  on  the  judgment. 

Kerr,C.C.P.,551. 

5161.    Action  on  defendant's  undertaking. 

SEC.  219.  If  the  execution  be  returned  unsatisfied,  in  whole  or  in  part, 
the  plaintiff  may  prosecute  any  undertaking  given  pursuant  to  section 
208  or  section  222,  or  he  may  proceed  as  in  other  cases  upon  the  return 
of  an  execution. 

Kerr,  C.  C.P.,.V>2. 

51f>2.    Proceedings  when  defendant  recovers  judgment. 

SEC.  220.  If  the  defendant  recover  judgment  against  the  plaintiff,  any 
undertaking  received  in  the  action,  all  the  proceeds  of  sales  and  money 
collected  by  the  sheriff,  and  all  the  property  attached  remaining  in  the 
sheriff's  hands,  shall  be  delivered  to  the  defendant  or  his  agent;  the  order 
of  attachment  shall  be  discharged  and  the  property  released  therefrom. 

Kerr,  C.  C.  P.,553. 

The  adjudication  of  bankruptcy  dissolves  ing  to  vacate  and  dismiss  such  judgment  is 

an    attachment    and    vests   the   title   to   the  a   nullity  and  is  not  appealable.     Eanft  v. 

property  in  the  assignee.     The  sheriff  is  not  Young,  21  Nev.  401,  402  (30  P.  490). 
thereafter  entitled  to  recover  any  costs  for  The    fact    that    there    was    a    new    trial 

keeping  the  property.     Baker  v.  McLeod,  14  pending   did   not   tend   to   keep   the   attach- 

Xcv.  148.  ment  in  force.     Idem. 

See  Newman  v.  Kane,  9  Nev.  238,  under  In  such  case  defendant's  remedy  was  by 

sec.  216  of  this  act.  a    proceeding    against    the    sheriff,    on    his 

A    judgment    for    defendant    vacates    the  refusal   to   deliver  the  property,  to   recover 

attachment,  and  an  order  of  the  court  refus-  it  or  its  value.     Idem. 

5163.    Application  to  discharge  or  modify  on  giving  bond. 
SEC.  221.     Whenever  the  defendant  shall  have  appeared  in  the  action, 


Sec.  5164  CIVIL  PRACTICE  1504 

he  may  apply,  upon  reasonable  notice  to  the  plaintiff,  to  the  court  in  which 
the  action  is  pending,  or  to  the  judge  thereof,  for  an  order  to  discharge 
the  attachment,  wholly  or  in  part,  upon  the  execution  and  filing  of  the 
undertaking  mentioned  in  the  next  section.  Such  order  may  be  granted 
directing  the  release  from  the  operation  of  the  attachment,  upon  the  filing 
of  such  undertaking  and  the  justification  of  the  sureties  thereon,  if 
required  by  the  plaintiff,  of  all  or  any  part  of  the  property,  money,  debts, 
or  credits  attached,  as  the  case  may  be.  All  the  proceeds  of  sales  and 
moneys  collected  by  the  sheriff,  and  all  the  property  attached  remaining 
in  his  hands,  so  released,  shall  be  delivered  or  paid  to  the  defendant  upon 
the  filing  of  such  undertaking  and  making  such  justification,  if  required 
by  the  plaintiff. 

Kerr,  C.  C.P.,554. 

Where  sureties,  not  knowing  that  a  writ  held  liable  for  the  release  of  the  property 

of  attachment  has  been  levied  upon  property  after     the     attachment     had     been     levied, 

of  defendant  in  an  attachment  suit,  execute  Laveaga  v.  Wise,  13  Nev.  296,  301. 

an  undertaking  to  prevent  the  levy   of  an  See  Goldfield-Mohawk  M.  Co.  v.  Fram TS- 

attachment,  and  the  property  that  had  been  Mohawk  M.  &  L.  Co.,  31  Nev.  348,  under  aeci 

previously     levied     upon     is     subsequently  214  of  this  act. 

released  from  the  attachment,  it  was  held,  This   does   not   mean   that   the   defendant 

in  an  action  against  the  sureties,  that  their  can  apply  fos  the  discharge  only  at  the  time 

promise  was  only  to  prevent  levy  of  a  writ  he  appears,  and  no  later.     Goldfield-Mohawk 

of  attachment,  and  that  they  could  not  be1  M.  Co.  v.  Frances-Mohawk  M.  &  L.  Co..  31 

Nev.  348,  354,  357  (102  P.  963). 

5164.    Undertaking  for  release— Justification  of  sureties. 

SEC.  222.  On  granting  such  order,  the  court  or  the  judge  shall  require 
an  undertaking  on  behalf  of  the  defendant,  with  at  least  two  sureties, 
residents  and  freeholders,  or  householders,  in  the  county,  which  shall  be 
filed  to  the  effect,  in  case  the  value  of  the  property  or  the  amount  of  money, 
debts,  or  credits  sought  to  be  released  shall  equal  or  exceed  the  amount 
claimed  by  the  plaintiff  in  the  complaint,  that  the  defendant  will  pay  to 
the  plaintiff  the  amount  of  the  judgment  which  may  be  recovered  in  favor 
of  the  plaintiff  in  the  action  not  exceeding  the  sum  specified  in  the  under- 
taking, which  shall  be  at  least  double  the  amount  so  claimed  by  the  plaintiff, 
and  in  the  money  or  currency  of  the  contract ;  or  to  the  effect,  in  case  the 
value  of  the  property  or  the  amount  of  money,  debts,  or  credits  sought  to 
be  released  shall  be  less  than  the  amount  so  claimed  by  the  plaintiff,  that 
the  defendant  will  pay  the  amount  of  such  judgment,  to  the  extent  of  the 
value  of  the  property,  or  amount  of  money,  debts,  or  credits  sought  to  be 
released,  not  exceeding  the  sum  specified  in  the  undertaking,  which  shall 
be  at  least  double  the  amount  of  such  property,  money,  debts,  or  credits, 
and  in  the  money  or  currency  of  the  contract.  The  value  of  the  property 
sought  to  be  released,  if  disputed,  shall  be  determined,  in  the  money  or  cur- 
rency of  the  contract,  by  the  court  or  judge  thereof,  upon  proof  or  by  a 
sworn  appraiser  or  sworn  appraisers,  not  exceeding  three,  to  be  appointed 
by  the  court  or  judge  for  that  purpose.  Before  filing  the  undertaking,  the 
defendant  shall  serve  a  copy  thereof  upon  the  plaintiff,  and  if  the  plaintiff 
require  a  justification  by  the  sureties,  he  shall  give  notice  thereof  to  the 
defendant  within  two  days ;  or  at  the  time  of  giving  notice  of  motion  for 
an  order  to  discharge  the  attachment,  the  defendant  may  in  his  notice 
name  the  sureties,  and  if  the  plaintiff  require  them  to  justify  he  shall  give 
notice  thereof  at  the  hearing  of  the  motion.  If  required,  the  sureties  shall 
justify  before  the  court  in  which  the  suit  is  pending,  or  the  judge  thereof, 
after  reasonable  notice. 

Kerr,  C.  C.P.,555. 

There  is  nothing  in  the  policy  of  the  law  Facts    held    not    to    discharge    surety    on 

to  forbid  a  bond,  given  to  release  property  bond    given    to    release    property    attached, 

from  attachment,  being  enforced  according  Seawell  v.  Cohn,  2  Nev.  308. 

to  the  strict  letter  of  its  condition.    Bowers  See  Laveaga   v.   Wise,  under  sec.   221    of 

v.  Beck,  2  Nev.  139.  this  act. 


1505  CIVIL  PRACTICE  Sec,  5168 


keeping  house  with  a  hired  servant  One    whose    rights    depended    on    a    quit- 

the   cooking  and   housework   for   him  claim  deed  in  possession,  and  who  was  not 

in  a  house  in  which  he  made  his  home  and  shown  to  have  secured  the  government  title, 

it  -iilcnre.  and  which  he  rented  from  a  cor-  was    none    the    less    a    freeholder    so    as-  to 

j.onitimi     bearing    his    name,    in    which    he  quality  him  on  such  a  bond.     Idem. 

owned    a    majority    of    the    stock    and    con-  An  objection  that  the  trial  court  should 

trolling   interest,   was  a  "householder"  so  as  not  have  granted  a  motion  for  the  discharge 

To    qualify   him   as   a    surety   on   a   bond   for  of  attachment  because  a  similar  motion  was 

the   discharge  of  an  attachment.     Goldfield-  pending  and  undetermined  was  of  no  merit, 

Mohawk    M.    Co.    v.   Frances-Mohawk    M.    &  the     earlier     motion      having     been     denied 

...  ::  1   Nev.  348  (102  P.  963).  I.efore    or    at    the    time    the    later    one   was 

gi  anted.     Idem. 

5165.  Motion  to  discharge  writ  for  irregularity. 

SEC.  223.  The  defendant  may  also,  any  time  before  the  time  of  answer- 
ing expires,  apply  upon  motion,  upon  reasonable  notice  to  the  plaintiff,  to 
the  court  in  which  the  action  is  brought,  or  to  the  judge  thereof,  for  the 
discharge  of  the  attachment,  on  the  ground  that  the  writ  was  improperly 
issued. 

Kerr,  C.  C.P.,556. 

I'.owers  v.  Beck,  under  sec.  20o  of  this  act. 

On   a  motion  to  dissolve,  where  plaint  ill  Where   an    attachment    is   issued  under   a 

had     levied    two    attachments,    his    counsel  statute  allowing  the  writ  where  the  liability 

stated  that  plaintiff   claimed    nothing   under  was   criminally    incurred,   an   affidavit   deny- 

the  second  writ;    it  was  held  that  such  state-  ing    the    averments    of    plaintiff's    complaint 

was    a    confession    of    error    and    the  constituting    the    cause    of    action,    will    not 

siM-niid    writ    should    have    been    discharged.  support    a    motion  to  dissolve,  as  that  would 

Kuehn    v.    I'aroni.    L'O    Xe\  .    i)()3,    20(i  (1!>    1*.  necessitate  a   decision  on  the  merits.     Idem. 

5166.  Idem—  When  made  upon  affidavits. 

SEC.  224.  If  the  motion  be  made  upon  affidavits  on  the  part  of  the 
defendant,  but  not  otherwise,  the  plaintiff  may  oppose  the  same  by  affida- 
vits or  other  evidence,  in  addition  to  those  on  which  the  writ  of  attachment 
was  issued. 

Kerr,  C.  C.  P.,-V,7. 

51(57.    Writ  improperly  issued,  discharged—  Amendment  of  writ. 

SEC.  225.  If  upon  such  application  it  satisfactorily  appears  that  the 
writ  of  attachment  was  improperly  or  irregularly  issued,  it  must  be  dis- 
charged; provided,  that  such  attachment  shall  not  be  discharged  if  at  or 
before  the  hearing  of  such  application  the  writ  of  attachment  or  the 
affidavit  or  undertaking  upon  which  such  attachment  was  based  shall  be 
amended  and  made  to  conform  to  the  provisions  of  this  chapter. 

Kerr,  C.C.P.,558. 

5168.    Return  of  writ  by  sheriff—  Contents. 

SEC.  226.  The  sheriff  shall  return  the  writ  of  attachment  with  the  sum- 
mons, if  issued  at  the  same  time;  otherwise  within  twenty  days  after  its 
receipt,  with  a  certificate  of  his  proceeding  indorsed  thereon  or  attached 
thereto. 

CHAPTER  23 

GARNISHMENT 

5H;:>.  Garnishment  issuable  with  attachment  5175.  Property  to  be  delivered  to   sheriff  — 

or  afterward.  Sale  —  Judgment   against   garnishee. 

.1170.  When  garnishee  ordered  to  appear.  5176.  Garnishee    may    deliver    property    or 

5171.  Writ  issued  by  the  officer  —  Form.  money  —  Eelease  —  Return. 

5172.  Names  of  garnishees  inserted  in  writ  —  5177.  Judgment  against  garnishee  on  failure 

Service  and  return  —  Alias  writ.  to  answer. 

517.'..  Service  and  return  of  writ  give  court  5178.  Answer  of  garnishee  —  Eeply. 

jurisdiction.  5179.  New  matter  in  plaintiff's  reply  deemed 
5174.  Garnishee  to  answer  under  oath  —  Fee  denied  —  Trial  —  Judgment  —  Costs. 

—  Substance  of  interrogatories. 


Sec,  5169  CIVIL  PRACTICE  1506 

5180.  Third   person    may   be    interpleaded —       5186.  Idem — If  held  to  secure  performance, 

Notice — Proceedings.  plaintiff  may  perform. 

5181.  Garnishee  may  deduct  sums  due  him       5187.  Idem — Disposal  of  proceeds — Plaintiff 

by  either  party — Kecord.  reimbursed. 

5182.  Judgment    acquits    garnishee    for    the       5188.  Garnishee  liable  for  contempt. 

amounts  paid.  5189.  Costs   taxed   in    discretion   of   court — 

5183.  Discharge   of   garnishee   does  not   bar  Garnishee  paid  witness  fee. 

action  by  defendant.  5190.  Garnishment  after  judgment — Proced- 

5184.  Judgment  against  garnishee  for  debt  ure — Liberal  construction. 

not  due — Execution  deferred.  5191.  New   trials    and    appeals    as    in    other 

5185.  Property  pledged   to   garnishee   deliv-  cases. 

ered  on  payment. 

5169.  Garnishment  issuable  with  attachment  or  afterward. 

SEC.  227.  At  the  time  of  issuing  a  writ  of  attachment  in  an  action,  or  at 
any  time  thereafter,  the  plaintiff  may  have  a  writ  of  garnishment  issue, 
and  thereupon  attach  the  credits,  effects,  debts,  chpses  in  action,  and  other 
personal  property  of  the  defendant  in  the  possession  or  under  the  control 
of  any  third  person,  as  garnishee,  for  the  security  of  any  judgment  the 
plaintiff  may  recover  in  such  action  against  the  defendant. 

Colo.,  Mills,  An.  C.  (1896),  118;  Utah,  3090. 

5170.  When  garnishee  ordered  to  appear. 

SEC.  228.  Whenever,  in  any  action  pending  in  any  court  of  record,  a 
writ  of  attachment  has  been  issued  and  delivered  to  the  proper  officer,  and 
the  officer  after  diligent  search  shall  not  be  able  to  find  property  of  the 
defendant  sufficient  to  satisfy  the  claim  of  plaintiff,  the  officer  shall,  upon 
the  request  of  plaintiff,  his  agent,  or  attorney,  summon  such  person  or  per- 
sons as  the  plaintiff  may  direct  as  garnishees  to  appear  before  the  court 
wherein  such  action  is  pending. 

Colo.,  Mills,  An.  C.  (1896),  119;  Utah,  3091. 

5171.  Writ  issued  by  the  officer— Form. 

SEC.  229.  The  writ  of  garnishment  shall  be  issued  by  the  officer  to 
whom  the  writ  of  attachment  is  delivered,  and  may  be  in  substance  as 
follows : 

In  the Judicial  District  Court  of  the  State  of  Nevada,  in  and 

for  the  County  of 

,  Plaintiff,  vs ,  Defendant. 

The  State  of  Nevada,  to ,  garnishee,  Greeting: 

You  are  hereby  notified  that  you  are  attached  as  garnishee  in  the  above- 
entitled  action,  and  you  are  commanded  not  to  pay  any  debt  due  or  to 

become  due  from  yourself  to  the  said .,  defendants,  or  either 

of  them,  and  that  you  must  retain  possession  and  control  of  all  personal 
property,  effects  and  choses  in  action  of  said...  ....,  defendants,  or 

either  of  them,  in  order  that  the  same  may  be  dealt  with  according  to  law ; 
you  are  required  to  answer  the  interrogatories  attached  hereto  within  ten 
days  from  the  date  of  the  service  of  this  writ  upon  you  if  you  are  served 
in  the  county  in  which  said  action  is  brought,  otherwise  within  twenty  days 
from  the  date  of  such  service.  In  case  of  your  failure  within  the  time 
aforesaid,  the  plaintiff  may  apply  to  the  court  for  relief  against  you. 

Given  under  my  hand  this day  of ,  19 

Colo.,  Mills,  An.  C.  (1896),  120;  Utah,  3092. 

5172.  Names  of  garnishees  inserted  in  writ— Service  and  return— Alias 

writ. 

SEC.  230.  The  names  of  as  many  individuals,  corporations,  or  other  per- 
sons as  are  sought  to  be  charged  as  garnishees  may  be  inserted  in  the  same 
or  different  writs  of  garnishment;  and  the  writ  shall  be  served  and 
returned  by  the  officer  issuing  the  same,  in  the  same  manner  as  a  summons 


1507  CIVIL  PRACTICE  See.  5175 

in  the  action;  and  in  like  manner  alias  writs  may  be  issued,  served,  and 
returned. 

Colo.,  Mills,  An.  C.  (1896),  121;  Utah,  3093. 

5178.    Service  and  return  of  writ  give  court  jurisdiction. 

SEC.  231.  It  shall  not  be  necessary  for  the  sheriff  to  return  the  writ  of 
attachment  before  serving  the  writ  of  garnishment,  but  the  return  of  the 
latter  writ,  showing  due  service  on  the  person  therein  named  as  garnishee, 
shall  give  the  court  jurisdiction  to  proceed  against  such  garnishee  as  here- 
inafter provided. 

Colo.,  Mills,  An.  C.  (18M).  1±.';  I'tah,  :', 


5174.  Garnishee  to  answer  under  oath—Fee—  Substance  of  interrogatories. 

SEC.  232.  The  garnishee  shall  answer  the  interrogatories  in  writing 
upon  oath  or  affirmation  ;  but  in  no  case  shall  the  garnishee  be  required  to 
answer  any  interrogatories  unless  and  until  he  is  paid  or  tendered  by  the 
plaintiff  in  the  action  or  the  officer  serving  the  writ,  a  fee  of  two  dollars, 
and  unless  such  sum  is  paid  or  tendered  to  him  or  to  the  person  making  the 
answer  in  his  behalf,  no  answer  can  be  required  of  such  garnishee  or  any 
person  acting  for  him.  In  case  such  fee  is  paid  or  tendered,  it  is  hereby 
made  the  duty  of  the  officer  serving  the  writ  of  garnishment  to  administer 
such  oath  or  affirmation  and  to  take  and  return  such  answer  with  the  writ, 
or  the  garnishee  after  receiving  the  fees  aforesaid  may  answer  in  like  man- 
ner before  anyone  authorized  to  administer  oaths  and  affirmations,  and  in 
the  latter  case  it  shall  be  the  duty  of  the  garnishee  to  file  his  answer,  or 
to  cause  the  same  to  be  filed,  in  the  proper  court  within  the  proper  time 
required  by  the  writ,  or  he  shall  be  deemed  in  default. 

The  interrogatories  may  be  in  substance  as  follows  : 

1.  Are  you  in  any  manner  indebted  to  the  defendants,  or  either  of  them, 
either  in  property  or  money,  and  is  the  same  now  due?    If  not  due,  when 
is  the  same  to  become  due?    State  full  particulars.  t 

Answer  ........................  . 

2.  Have  you  in  your  possession,  in  your  charge,  or  under  your  control, 
any  property,  effects,  goods,  chattels,  rights,  credits,  or  choses  in  action 
of  said  defendants,  or  either  of  them,  or  in  which  he  is  interested  ?    If  so, 
state  what  is  the  value  of  the  same,  and  state  fully  all  particulars. 

Answer  ......................... 

I   (insert  the  name  of  the  garnishee)  ,  do  solemnly  swear  (or  affirm)  that 
the  answers  to  the  foregoing  interrogatories  by  me  subscribed  are  true. 

....................................   Signature  of  garnishee. 

Subscribed  and  sworn  to  before  me,  this  ................  day  of  .......  .  ........  ,  19.... 

Colo.,  Mills,  An.  C.  (18%),  123$  Utah,  3095. 

5175.  Property   to  be  delivered    to  sheriff—  Sale  —  Judgment    against 

garnishee. 

SEC.  233.  If  the  answer  of  the  garnishee  shows  that  he  has  personal 
property  of  any  kind  in  his  possession,  or  under  his  control,  belonging  to 
the  defendant,  the  court  shall  enter  judgment  that  the  garnishee  deliver 
the  same  to  the  sheriff,  and  if  the  plaintiff  recover  judgment  against  the 
defendant  in  the  action,  such  property  or  so  much  thereof  as  may  be  nec- 
essary shall  be  sold  as  upon  execution,  and  the  proceeds  applied  toward  the 
satisfaction  of  such  judgment,  together  with  the  costs  of  the  action  and 
proceedings,  and  if  there  be  a  surplus  of  such  property,  or  of  the  proceeds 
thereof,  it  shall  be  restored  to  the  defendant.  If  the  answer  shows  that  the 
garnishee  is  indebted  to  the  defendant,  then,  if  the  plaintiff  recover  judg- 
ment against  the  defendant  in  the  action,  the  court  shall  also  enter  judg- 
ment in  favor  of  the  defendant  for  the  use  of  the  plaintiff  against  the 


Sec.  5176  CIVIL  PRACTICE  1508 

garnishee  for  the  amount  of  the  indebtedness  admitted  in  the  answer; 
provided,  that  the  judgment  against  the  garnishee  shall  not  be  for  a 
greater  sum  than  is  necessary  to  satisfy  the  judgment  of  the  plaintiff 
against  the  defendant,  together  with  costs  as  aforesaid;  and  in  no  case 
shall  the  garnishee  be  chargeable  with  costs  unless  his  answer  shall  be 
successfully  controverted  as  hereinafter  provided. 

Colo.,  Mills,  An.  C.  (1896),  124;  Utah,  3096. 

A  third  person  in  possession  of  property  of  defendant  which  he  may  hold  after  his 

attached  as  property  of  a  defendant  is  own  rights,  if  any,  are  satisfied.  Persing  v. 

liable  to  plaintiff  for  any  property  or  credits  Keno  B.  Co.,  30  Nev.  342,  350  (96  P.  1054). 

5176.  Garnishee  may  deliver  property  or  money— Release— Return. 

SEC.  234.  In  all  cases  the  garnishee,  upon  making  answer,  may  deliver 
to  the  officer  serving  the  writ  the  property  belonging  to  the  defendant, 
together  with  the  money  due  to  the  defendant,  as  shown  by  the  answer, 
and  the  officer  shall  make  return  of  such  property  and  money  with  the 
writ  to  the  court,  to  be  dealt  with  as  provided  in  the  foregoing  section; 
and  thereupon  the  garnishee  shall  be  relieved  from  further  liability  in  the 
proceedings,  unless  his  answer  shall  be  successfully  controverted  as  here- 
inafter provided. 

Colo.,  Mills,  An.  C.  (1896),  125;  Utah,  3097. 

5177.  Judgment  against  garnishee  on  failure  to  answer. 

SEC.  235.  If  the  garnishee,  having  been  duly  served  with  the  writ  of 
garnishment  and  interrogatories,  and  having  been  paid  or  tendered  the 
fee  of  two  dollars,  and  the  fact  of  such  payment  or  tender  is  duly  certified 
by  the  officer  who  served  the  writ  over  his  official  signature,  or  such  fact 
is  made  to  appear  by  the  person  serving  the  writ  under  oath,  by  affidavit, 
and  after  such  payment  or  tender,  when  duly  certified  or  proved  as  above 
provided  fails  or  refuses  to  answer  the  interrogatories,  within  the  time 
required,  the  plaintiff  may  commence  an  action  against  him  in  the  manner 
other  civil  actions  are  commenced  to  recover  a  judgment  against  such 
garnishee.  The  plaintiff  may,  prior  to  the  institution  of  such  action,  have 
a  citation  issued  out  of  the  court  and  served  upon  the  said  garnishee 
requiring  him  to  appear  before  the  court  for  examination  and  to  testify 
as  to  any  liability  upon  his  part  to  the  defendant  in  the  action  and  may 
likewise  require  other  witnesses  upon  subpena  to  appear  at  the  same  time 
and  testify  as  to  such  liability.  Upon  the  complaint  and  summons  being 
served  upon  the  garnishee,  the  action  shall  proceed  as  in  other  civil  cases. 
If  the  plaintiff  obtain  a  verdict  or  decision  against  the  garnishee,  the 
plaintiff  may  have  judgment  entered  the  same  as  if  the  garnishee  had 
answered  in  accordance  with  such  verdict  or  decision ;  and  if  a  verdict  or 
decision  charge  the  garnishee  with  any  liability,  the  plaintiff  may  recover 
costs  of  the  proceedings  against  the  garnishee. 

Colo.,  Mills,  An.  C.  (1896),  126;  Utah,  3098. 

5178.  Answer  of  garnishee— Reply. 

SEC.  236.  If  the  garnishee  answer,  as  required  by  the  writ,  the  plaintiff 
may,  within  ten  days  after  the  expiration  of  the  time  allowed  for  the  filing 
of  such  answer,  reply  to  the  whole  or  any  part  thereof  by  an  affidavit 
traversing  the  same ;  the  plaintiff  may  also  in  his  reply  allege  any  matters 
which  would  charge  the  garnishee  with  liability  according  to  the  provisions 
of  this  chapter,  and  such  affidavit  may  be  upon  information  and  belief.  If 
the  plaintiff  fail  to  reply  within  the  time  aforesaid,  he  shall  be  deemed  to 
have  accepted  the  answer  of  the  garnishee  as  true,  and  judgment  may  be 
entered  accordingly. 

Colo.,  Mills,  An.  C.  (1896),  127;  Utah,  3099. 


1509  CIVIL  PRACTICE  Sec.  5184 


517i).    New  mutter  in  plaintiff's  reply  deemed  denied—  Trial—  Judgment— 

Costs. 

SEC.  237.  New  matter  in  the  affidavit  replying  to  the  answer  of  the 
garnishee  shall  be  taken  as  denied  or  avoided,  and  the  matter  thus  at  issue 
without  further  pleadings  shall  be  tried  in  the  same  manner  as  other  issues 
of  like  nature,  and  upon  the  verdict  or  finding  thereon,  judgment  shall 
be  entered  the  same  as  if  the  garnishee  had  answered  according  to  such 
verdict  or  finding;  provided,  that  if  the  verdict  or  finding  be  as  favorable 
to  the  garnishee  as  his  answer,  he  shall  recover  costs  of  the  proceeding 
against  the  plaintiff,  otherwise  the  plaintiff  may  recover  costs  against  the 
garnishee. 

Colo.,  Mills,  An.  C.  (18%),  128;  Utah,  3100. 

5180.  Third  person  may  be  interpleaded—  Notice—  Proceedings. 

SEC.  238.  When  the  answer  of  the  garnishee  shall  disclose  that  any 
other  person  than  the  defendant  claims  the  indebtedness  or  property  in  his 
hands,  and  the  name  and  residence  of  such  claimant,  the  court  may  on 
motion  order  that  such  claimant  be  interpleaded  as  a  defendant  to  the 
garnishee  action;  and  that  notice  thereof,  setting  forth  the  facts,  with  a 
copy  of  such  order,  in  such  form  as  the  court  shall  direct,  be  served  upon 
him,  and  that  after  such  service  shall  have  been  made,  the  garnishee  may 
pay  or  deliver  to  the  officer  or  the  clerk  such  indebtedness  or  property,  and 
have  a  receipt  therefor,  which  shall  be  a  complete  discharge  from  all 
liability  to  any  party  for  the  amount  so  paid  or  property  so  delivered. 
Such  notice  shall  be  served  in  the  manner  required  for  service  of  a  sum- 
mons in  a  civil  action.  Upon  such  service  being  made,  such  claimant  shall 
be  deemed  a  defendant  to  the  garnishee  action,  and  shall  answer  within 
ten  days,  setting  forth  his  claim,  or  any  defense  which  the  garnishee  might 
have  made.  In  case  of  default,  judgment  may  be  rendered  which  shall 
conclude  any  claim  upon  the  part  of  such  defendant. 

X.  Dak.  (  iS'.c.i,  :>:;<)7;  Utah,  3101. 

5181.  (iarnishee  may  deduct  sums  due  him  by  either  party—  Record. 
SEC.  239.    Every  garnishee  shall  be  allowed  to  retain  or  deduct  out  of 

the  property,  effects,  or  credits  of  the  defendant  in  his  hands  all  demands 
against  the  plaintiff  and  all  demands  against  the  defendant  of  which  he 
could  have  availed  himself  if  he  had  not  been  summoned  as  garnishee, 
whether  the  same  are  at  the  time  due  or  not,  and  he  shall  be  liable  for  the 
balance,  only  after  all  mutual  demands  between  himself  and  plaintiff  and 
defendant  are  adjusted,  not  including  unliquidated  damages  for  wrongs 
and  injuries;  provided,  that  the  verdict  or  finding  as  well  as  the  record  of 
the  judgment  shall  show  in  all  cases  against  which  party,  and  the  amount 
thereof,  any  counterclaim  shall  be  allowed,  if  any  shall  be  allowed. 

Colo.,  Mills,  An.  C.  (1896),  130;  Utah,  3102. 

5182.  Judgment  acquits  garnishee  for  amounts  paid. 

SEC.  240.  The  judgment  against  a  garnishee  shall  acquit  him  from  all 
demands  by  the  defendant  for  all  goods,  effects,  and  credits  paid,  delivered, 
or  accounted  for  by  the  garnishee  by  force  of  such  judgment. 

Colo.,  Mills,  An.  C.  (1896),  132;  Utah,  3104. 

5183.  Discharge  of  garnishee  does  not  bar  action  by  defendant. 

SEC.  241.  If  the  person  summoned  as  garnishee  is  discharged  the  judg- 
ment shall  be  no  bar  to  an  action  brought  against  him  by  the  defendant 
for  the  same  demand. 

Colo.,  Mills,  An.  C.  (1896)  ,'133;  Utah,  3105. 

5184.  Judgment  against  garnishee  for  debt  not  due—  Execution  deferred. 
SEC.  242.    When  the  judgment  is  rendered  against  any  garnishee  and 


Sec,  5185  CIVIL  PRACTICE  1510 

it  shall  appear  that  the  debt  from  him  to  the  defendant  is  not  yet  due, 
execution  shall  not  issue  until  the  debt  shall  have  become  due. 

Colo.,  Mills,  An.  C.  (1896),  134;  Utah,  3106. 

5185.  Property  pledged  to  garnishee  delivered  on  payment. 

SEC.  243.  When  any  personal  property,  choses  in  action,  or  effects  of  the 
defendant  in  the  hands  of  a  garnishee  are  mortgaged  or  pledged,  or  in  any 
way  liable  for  the  payment  of  a  debt  to  him,  the  plaintiff  may,  under  an 
order  of  the  court  for  that  purpose,  pay  or  tender  the  amount  due  to  the 
garnishee,  and  thereupon  the  garnishee  shall  deliver  the  personal  prop- 
erty, choses  in  action,  and  effects  to  the  sheriff,  as  in  other  cases. 

Colo.,  Mills,  An.  C.  (1896),  135;  Utah,  3107. 

5186.  Idem— If  held  to  secure  performance,  plaintiff  may  perform. 

SEC.  244.  If  the  personal  property  or  effects  are  held  for  any  purpose 
other  than  to  secure  the  payment  of  money,  and  if  the  contract,  condition, 
or  other  thing  to  be  done  or  performed  is  such  as  can  be  performed  by  the 
plaintiff  without  damage  to  the  other  parties,  the  court  may  make  an  order 
for  the  performance  thereof  by  him,  and  upon  such  performance,  or  a 
tender  of  performance  the  garnishee  shall  deliver  the  personal  property 
and  effects  to  the  sheriff,  as  in  other  cases. 

Colo.,  Mills,  An.  C.  (1896),  136;  Utah,  3108. 

5187.  Idem— Disposal  of  proceeds— Plaintiff  reimbursed. 

SEC.  245.  All  personal  property,  choses  in  action,  and  effects  received 
by  the  sheriff  under  either  of  the  two  preceding  sections  shall  be  disposed 
of  in  the  same  manner  as  if  they  had  been  delivered  by  the  garnishee  with- 
out condition,  except  that  the  plaintiff  shall,  out  of  the  proceeds  thereof, 
be  first  repaid  the  amount  paid  by  him  to  the  garnishee  for  the  redemption 
of  the  same,  or  shall  be  indemnified  for  any  other  act  or  thing  by  him  done 
or  performed,  pursuant  to  the  order  of  the  court  for  the  redemption  of  the 
same. 

Qolo.,  Mills,  An.  C.  (1896),  137;  Utah,  3109. 

5188.  Garnishee  liable  for  contempt. 

SEC.  246.  If  any  garnishee  refuses  or  neglects  to  deliver  any  personal 
property,  choses  in  action,  or  effects  in  his  hands,  when  thereto  lawfully 
required  by  the  court,  he  shall  be  liable  to  be  attached  or  punished  for 
contempt. 

Colo.,  Mills,  An.  C.  (1896),  138;  Utah,  3110. 

See  Persing  v.  Reno  B.  Co.,  under  sec.  233  of  this  act. 

5189.  Costs  taxed  in  discretion  of  court— Garnishee  paid  witness  fee. 

SEC.  247.  The  court  may  order  the  costs  of  the  proceedings  in  any 
garnishment  to  be  paid  by  the  plaintiff,  or  out  of  the  effects  or  credits 
garnished,  or  by  the  garnishee,  or  may  apportion  the  same  as  shall  appear 
to  be  just  and  equitable.  The  garnishee  shall  be  entitled  to  fees  and  mile- 
age as  a  witness,  where  he  does  not  improperly  resist  or  make  costs. 

Colo.,  Mills,  An.  C.  (1896),  139;  Utah,  3111. 

5190.  Garnishment  after  judgment— Procedure— Liberal  construction. 
SEC.  248.    Any  person  having  a  judgment  remaining  unsatisfied  in  any 

court  of  record  in  the  state,  upon  which  execution  has  been  issued  and 
delivered,  and  which  remains  in  the  hands  of  the  proper  officer  uncollected 
and  unsatisfied,  may  have  a  writ  of  garnishment  issued,  and  thereupon 
attach  the  credits,  effects,  debts,  choses  in  action,  and  other  personal  prop- 
erty of  the  judgment  debtor  in  the  possession  or  under  the  control  of  any 
third  person  as  garnishee,  for  the  security  of  such  judgment,  and  all 
rights,  remedies,  and  proceedings  under  this  chapter  are  hereby  made 


1511  CIVIL  PRACTICE  See.  5193 

specially  available  and  applicable  for  the  relief  and  security  of  such  judg- 
ment creditor,  the  same  as  for  a  plaintiff  in  attachment,  and  the  same  are 
also  made  especially  available  and  applicable  for  the  protection  and  security 
of  the  judgment  debtor  and  the  garnishee,  the  same  as  for  the  defendant 
and  garnishee  in  attachment;  and  the  forms  of  all  affidavits,  interroga- 
tories, writs,  answers,  oaths,  orders,  trials,  judgments,  and  other  process 
and  proceedings  hereinbefore  provided  for  cases  of  garnishment  before 
judgment,  with  appropriate  variations,  shall  apply  to  cases  of  garnishment 
after  judgment;  and  all  courts  shall  be  liberal  in  allowing  amendments, 
and  in  construing  this  chapter  so  as  to  promote  the  objects  thereof. 

Colo.,  Mills,  An.  C.  (1896),  140;  Utah,  :il  1'J. 

5191.  New  trials  and  appeals  as  in  other  cases. 

SEC.  249.  Motions  for  new  trial  may  be  made  in  the  same  time  and 
manner  and  shall  be  allowed  for  the  same  grounds  in  garnishment  pro- 
ceedings as  in  other  civil  trials ;  and  appeals  may  be  taken  and  prosecuted 
from  any  final  judgment  or  order  in  such  proceedings  as  in  other  civil 
cases. 

Colo.,  .Mills,  An.C.  ilS'.Hi),  141;  Hah,  3113. 

CHAPTER  24 
DEPOSIT  IN  COURT 

5192.  When  deposit  or  delivery  of  money  or  property  required. 

SEC.  250.  When  it  is  admitted,  by  the  pleading  or  examination  of  a 
party,  that  he  has  in  his  possession,  or  under  his  control,  any  money  or 
other  thing  capable  of  delivery,  which,  being  the  subject  of  litigation,  is 
held  by  him  as  trustee  for  another  party,  or  which  belongs  or  is  due  to 
another  party,  the  court  may  order  the  same,  upon  motion,  to  be  deposited 
in  court,  or  delivered  to  such  party,  upon  such  conditions  as  may  be  just, 
subject  to  the  further  direction  of  the  court. 

Kerr,  C.  C.  P.,">7i'. 

A    mining    lease    required    the    lessee    to  accruing  to   one  in  his  individual  capacity 

deliver  the  ore  to  the  lessor,  who  should  ship  cannot  be  set  off  against  a  debt  due  from 

or  mill  the  same,  and  pay  to  the  lessee  a  him  as  trustee. 

specified    per   cent    of   the   proceeds    of   the  Where  a  lessor,  in  a  mining  lease  stipu- 

smelter  or  mill  returns.     The  lessor  sued  the  lating    that    he    should    dispose    of    the    ore 

lessee  for  damages  for  violation  of  the  lease,  mined  and  delivered  to  the  lessee  a  specified 

and  admitted  that  it  had  in  its  possession  a  per   cent   of  the  proceeds,   admitted,   in   an 

specified   sum   representing  the  proceeds   of  action   against   the   lessee   for   damages   for 

ore,  which  sum  belonged  to  the  lessee.    Held,  violation  of  the  lease,  that  it  held  proceeds 

that  the  lessor  was  trustee  for  the  lessee  for  of  ore  belonging  to  the  lessee,  and  alleged 

such  sum,  and  under  this  section  the  court  that  a  considerable  portion  of  the  proceeds 

could   on   motion   of  the  lessee,   require  the  was  derived  from  ore  wrongfully  taken  by 

lessor  to  pay  such  sum  into  court.  the   lessee   from   ground    expressly   reserved 

A  lessor  in  a  mining  lease,  having  in  its  from    the    lease,    the    virtual    admission    of 

possession   as  trust  funds  money  belonging  defendant's  right  to  such  proceeds,  less  some 

to  the  lessee  as  the  proceeds  of  ore  mined  indefinite  portion  thereof,  was  sufficient  to 

and  delivered  by  the  lessee  under  provisions  give    the    court    jurisdiction    to    order    the 

of   the   lease,   cannot   retain   such   funds   in  lessor    to    pay    such    proceeds    into    court, 

order  that  he  may  offset  against  the  same  Florence-Goldfield    Mining    Co.    v.    District 

an  amount  of  damages  due  him  for  a  viola-  Court,  30  Nev.  391,  399  (97  P.  49). 
tion  of  the  lease  by  the  lessee,  for  a  debt 

CHAPTER  25 
RECEIVERS 

5198.    Appointment  of  a  receiver— When  may  be  made. 

SEC.  251.  A  receiver  may  be  appointed  by  the  court  in  which  an  action 
is  pending,  or  by  the  judge  thereof: 

1.  In  an  action  by  a  vendor  to  vacate  a  fraudulent  purchase  of  property, 


Sec.  5194  CIVIL  PRACTICE  1512 

or  by  a  creditor  to  subject  any  property  or  fund  to  his  claim,  or  between 
partners  or  others  jointly  owning  or  interested  in  any  property  or  fund, 
on  application  of  the  plaintiff,  or  of  any  party  whose  right  to  or  interest 
in  the  property  or  fund,  or  the  proceeds  thereof,  is  probable,  and  where 
it  is  shown  that  the  property  or  fund  is  in  danger  of  being  lost,  removed, 
or  materially  injured; 

2.  In  an  acjtion  by  a  mortgagee  for  the  foreclosure  of  his  mortgage  and 
sale  of  the  mortgaged  property,  where  it  appears  that  the  mortgaged  prop- 
erty is  in  danger  of  being  lost,  removed,  or  materially  injured,  or  that  the 
condition  of  the  mortgage  has  not  been  performed,  and  that  the  property 
is  probably  insufficient  to  discharge  the  mortgage  debt ; 

3.  After  judgment,  to  carry  the  judgment  into  effect; 

4.  After  judgment,  to  dispose  of  the  property  according  to  the  judg- 
ment, or  to  preserve  it  during  the  pendency  of  an  appeal,  or  in  proceedings 
in  aid  of  execution,  when  an  execution  has  been  returned  unsatisfied,  or 
when  the  judgment  debtor  refuses  to  apply  his  property  in  satisfaction 
of  the  judgment; 

5.  In  the  cases  when  a  corporation  has  been  dissolved,  or  is  insolvent, 
or  in  imminent  danger  of  insolvency,  or  has  forfeited  its  corporate  rights ; 

6.  In  all  other  cases  where  receivers  have  heretofore  been  appointed  by 
the  usages  of  the  courts  of  equity. 

Kerr,  C.  C.  P.,  564. 

For  dissolved  corporation,  see  sees.  1194,  1195,  1199. 

For  mutual  fire  insurance  company,  see  sees.  1301,  1302. 

The    district    court    has    the    power    to  made    without    notice    except    in    cases    of 

appoint  a  receiver  on  an  ex  parte  applica-  emergency.     Idem. 

tion,     when     a     proper     showing     is    made.  During   the   pendency   of   an    appeal    for 

Maynard  v.  Eailey,  2  Nev.  313.  an    order   restoring   possession    of   property, 

The  court  will  appoint  a  receiver  when  the  court  can  appoint  a  receiver  to  preserve 
one  partner  excludes  his  copartner  from  a  the  property.  Lake  Bigler  K.  Co.  v.  Bed- 
participation  in  the  affairs  of  a  partnership.  ford,  3  Nev.  404. 

So,  too,  when  both  partners  have  assigned  A  receiver  appointed  by  the  trial  court  is 

their  respective  interests  and  the  assignees  an  officer  of  that  court,  and  accountable  to 

CM  n not  agree.     Idem.  it,  and  any  compensation  to  be  allowed  him 

When  suit  is  brought  and  summons  issued  as  costs  on  appeal  must  be  allowed  by  the 

the   court  has  power  to  appoint  a   receiver  trial  court,  and  not  by  the  supreme  court, 

before    the    summons    is    served,    but    the  McKenzie  v.   Coslett,   28   Nev.   220,   221  (80 

appointment  •  of  a  receiver  ought  not  to  be  P    1070). 

CHAPTER  26 

PROVISIONAL  REMEDIES  ON  BEHALF  OF  DEFENDANT 

5194.  Defendant  asking  affirmative  relief  may  have  provisional  remedies. 
SEC.  252.    When  the  defendant  interposes  a  counterclaim,  and  there- 
upon demands  an  affirmative  judgment  against  the  plaintiff,  his  right  to  a 
provisional  remedy  is  the  same  as  in  an  action  brought  by  him  against  the 
plaintiff,  for  the  cause  of  action  stated  in  the  counterclaim,  and  demand- 
ing the  same  judgment;  and  for  the  purpose  of  applying  to  such  a  case  the 
provisions  of  this  act  relating  to  provisional  remedies,  the  defendant  is 
deemed  the  plaintiff,  the  plaintiff  is  deemed  the  defendant,  and  the  counter- 
claim so  set  forth  in  the  answer  is  deemed  the  complaint. 

Utah,  3123;  Mont.  Civ.  P.,  981. 

CHAPTER  27 
ISSUES,  MODE  OF  TRIAL  AND  POSTPONEMENT 

5195.  Issues  defined — Law — Fact.  5201.  Either  party  may  bring  issue  to  trial. 

5196.  Issue  of  law  arises  upon  demurrer.  5202.  Continuance  for  absence  of  evidence — 
5397.  Issue  of  fact — Arises,  how.  Admission. 

5198.  Issue  of  law,  how  tried.  5203.  Idem — Testimony    of    witness    present 

5199.  Issue  of  fact,  how  tried— Issue  of  law  may  be  taken — Order,  when  mining 

first  disposed  of.  case    continued — Visitation    a    con- 

5200.  Calendar,  how  made  up — Rules.  tempt. 


1513  CIVIL  PRACTICE  Sec.  5202 

5195.  Issues  defined— Law— Fact. 

SEC.  253.  An  issue  arises  when  a  fact  or  conclusion  of  law  is  maintained 
by  the  one  party,  and  controverted  by  the  other.  Issues  are  of  two  kinds : 

1.  Of  law;  and, 

2.  Of  fact. 
Kerr,C.  C.P.,588. 

5196.  Issue  of  law  arises  upon  demurrer. 

SEC.  254.    An  issue  of  law  arises  upon  a  demurrer  to  the  complaint,  or 
an  answer  as  to  some  part  thereof. 
Kerr,  C.  C.  P.,  :>*'.». 

5197.  Issue  of  fact— Arises,  how. 
SEC.  255.    An  issue  of  fact  arises : 

1.  Upon  a  material  allegation  in  the  complaint,  controverted  by  the 
answer ;    and 

2.  Upon  new  matter  in  the  answer,  except  an  issue  of  law  is  joined 
therein. 

Kerr,C.C.P.,590. 

Cited,  in  dissenting  opinion  of  Talhot,  .!..  <  Milling  v.  Washoe  County  Hank,  'JD  Ncv.  278 
(88  Ps  25). 

5198.  Issue  of  law.  how  tried. 

SEC.  256.  An  issue  of  law  shall  be  tried  by  the  court,  unless  it  is  referred 
upon  consent. 

Kerr,  C.C.P.,V.H. 

5199.  Issue  of  laet.  how  tried— Issue  of  law  first  disposed  of. 

SEC.  257.  An  issue  of  fact  shall  be  tried  by  a  jury,  unless  a  jury  trial  is 
waived,  or  a  reference  be  ordered,  as  provided  in  this  act.  Where  there 
are  issues,  both  of  law  and  fact,  to  the  same  complaint,  the  issue  of  law 
shall  be  first  disposed  of. 

Kerr,C.C.P.,592, 

5200.  Calendar,  how  made  up— Rules. 

SEC.  258.  The  clerk  shall  enter  cases  upon  the  calendar  of  the  court 
according  to  the  date  of  the  issue,  unless  otherwise  provided  by  rule  of 
court. 

Kerr,  C.  C.  P.,  :>'.»:;. 

5201.  Either  party  may  bring  issue  to  trial. 

SEC.  259.  Either  party  may  bring  the  issue  to  trial,  or  to  a  hearing, 
and  in  the  absence  of  the  adverse  party,  unless  the  court  for  good  cause 
otherwise  direct,  may  proceed  with  his  case  and  take  a  dismissal  of  the 
action,  or  a  verdict,  or  judgment,  as  the  case  may  require. 

Kerr,  C.  C.P.,594. 

5202.  Continuance  for  absence  of  evidence — Admission. 

SEC.  260.  A  motion  to  postpone  a  trial,  on  the  ground  of  the  absence 
of  evidence,  shall  only  be  made  upon  affidavit  showing  the  materiality  of 
the  evidence  expected  to  be  obtained,  and  that  due  diligence  has  been  used 
to  procure  it.  The  court  may  also  require  the  moving  party  to  state  upon 
affidavit  the  evidence  which  he  expects  to  obtain ;  and  if  the  adverse  party 
thereupon  admit  that  such  evidence  would  be  given,  and  that  it  be  con- 
sidered as  actually  given  on  the  trial,  or  offered  and  overruled  as  improper, 
the  trial  shall  not  be  postponed. 

Kerr,  C.  C.P.,595. 

Continuance — When  not  properly  refused.  absence  of  a  material  witness,  the  court  is 
When  a  party  makes  out  a  good  prima  facie  not  justified  in  refusing  the  continuance 
case  for  a  continuance  on  account  of  the  because  it  may  imagine  the  possible  exist- 


Sec.  5203  CIVIL  PRACTICE  1514 

ence  of  facts  which,  if  shown,  would  have  witness  it  is  certainly  in  the  discretion,  if 

been  sufficient  in  avoidance  of  the  case  made  it  is  not  the  absolute  duty,  of  the  court  to 

by  the  party  moving.     Beatty  v.  Sylvester,  deny  the  application  when  the  party  oppos- 

3  Nev.  228.  ing  the  motion  will  admit  that  the  witness, 

Continuance  —  Joint      debtor      defendant  if  present,  would  swear  to  the  facts  as  set 

declared  a  bankrupt.     Held,   on  motion  for  out   by  the  party  applying  for  the  coatin- 

continuance  as  to  other  partner,  trial  could  uance.     O'Neil  v.  N.  Y.  S.  P.  M.  Co.,  3  Nev. 

not  proceed  against  him  until  a  disposition  141,  144. 

of   bankrupt   proceedings    of   his   copartner.  A    continuance    will   not    be    granted    by 
Tinkum  v.  O'Neale,  5  Nev.  93.  reason  of  the  absence  of  witnesses  residing 
Continuance — Power   of   court   to   impose  outside  of  the  state,  though  such  witnesses 
conditions  other  than  the  payment  of  costs.  have  promised  to  appear  and  testify,  as  the 
Brown  v.  Warren,  17  Nev.  417.  party    relying    on    their    testimony    should 
Continuance — Error    cured.     Where    wit-  have     taken     their     depositions.        Yori     v. 
ness    afterwards    appears    and    testifies,   the  Cohn,  26  Nev.  206,  225(65  P.  945). 
error,  if  any  was  committed,  is  cured.     Allen            Where  a  motion  for  a  continuance  in  an 
A".  Reilly,  15  Nev.  452.  action  for  injuries  was  based  on  the  absence 
A    motion    for    a    continuance    is    always  of  a  witness  who  was  not  present  when  the 
addressed    to    the    sound    discretion    of    the  injury    occurred,    and   the   testimony   which 
court,    and    should    not    be    interfered    with  he  was  expected  to  give  in  regard  to  other 
except    where    there    has    been    a    manifest  matters  was  not  only  immaterial,  but  could 
abuse  of  that  discretion.     Choate  v.  Bullion  have  been  supplied  by  other  witnesses,  there 
M.  Co.,  1  Nev.  73,  74.  was  no  abuse  of  discretion  in  refusing  con- 
When  an  application  is  made  for  a  con-  tinuance.     Taylor  v.  N.  C.  O.  R.  R.,  26.  Nev. 
tinuance  on  the  ground  of  the  absence  of  a  415  (69  P.  858). 

5208.    Idem— Testimony  of  witness  present  may  be  taken— Order  when 

mining*  case  continued— Violation  a  contempt. 

SEC.  261.  The  party  obtaining  the  postponement  of  a  trial  shall  also, 
if  required  by  the  adverse  party,  consent  that  the  testimony  of  any  witness 
of  such  adverse  party  who  is  in  attendance  be  then  taken  by  deposition 
before  a  judge  or  clerk  of  the  court  in  which  the  case  is  pending,  or  before 
such  notary  public  as  the  court  may  indicate,  which  shall  accordingly  be 
done,  and  the  testimony  so  taken  may  be  read  on  the  trial,  with  the  same 
effect,  and  subject  to  the  same  objections,  as  if  the  witnesses  were  produced. 
In  actions  involving  the  title  to  mining  claims,  if  it  be  made  to  appear  to  the 
satisfaction  of  the  court  that  in  order  that  justice  may  be  done,  and  the 
action  fairly  tried  on  its  real  merits,  it  is  necessary  that  further  develop- 
ments should  be  made,  and  that  the  party  applying  has  been  guilty  of  no 
laches  and  is  acting  in  good  faith,  the  court  shall  grant  the  postponement 
of  the  trial  of  the  action,  giving  the  party  a  reasonable  time  in  which  to 
prepare  for  trial.  And  in  granting  such  postponement,  the  court  may,  in 
its  discretion,  annex  as  a  condition  thereto  an  order  that  the  party  obtain- 
ing such  postponement  shall  not,  pending  the  trial  of  the  action,  remove 
from  the  premises  in  controversy  any  valuable  earth  or  ore,  and  for  any 
violation  of  an  order  so  made,  the  court  or  the  judge  thereof  may  punish 
for  contempt,  as  in  the  cases  of  violation  of  an  order  of  injunction,  and 
may  also  vacate  the  order  of  postponement. 

Kerr,  C.  C.  P., 596. 

There  is  nothing  in  this  section  to  show       admissible.  Silver  M.  Co.  v.  Fall,  6  Nev.  117, 
that  it  was  intended  to  make  actual  develop-       124. 
ments  the  only,  or  even  the  best,  evidence 

CHAPTER  28 

TRIAL  BY  JURY 

5204.  Drawing  of  jury,  number  upon  consent,       5209.  Juror,  when  sick,  procedure. 

examination  of.  5210.  Order     of     trial — Evidence,     defense, 

5205.  Parties  united  must  join  in  challenge —  instructions,  argument. 

Four  peremptory  challenges.  5211.  Jury  may  view  property  or  premises. 

5206.  Grounds  for  challenge  for  cause.  5212.  Charge  to  jury — Court  must  furnish  in 

5207.  Challenges — How  tried — Witnesses.  writing,  upon  request,  points  of  law. 

5208.  Oath  and  custody  of  jury. 


1515  CIVIL  PRACTICE  Sec.  5206 

.1213.  Deliberation   of  jury,  how  and  where  5216.  When  prevented  from  giving  verdict, 
conducted — Duty  of  officer  in  charge  the  cause  may  be  again  tried. 

— Parties   may    appoint    persons    to  5217.  While  jury  absent,  court  may  adjourn 
remain  with  officer.  — Sealed  verdict. 

5214.  Jury    may    take    with    them    certain  5218.  Verdict,  how  declared. 

papers.  5219.  Proceedings  when  verdict  informal. 

.~i'].~.  Jury  may  come  into  court  for  further  5220.  Clerk  to  record  verdict — Jury  assents, 
instructions. 

5204.    Drawing  of  jury,  number  upon  consent,  examination  of. 

SEC.  262.  When  the  action  is  called  for  trial  by  jury  the  clerk  shall  pre- 
pare separate  ballots  containing  the  names  of  the  jurors  summoned  who 
have  appeared  and  not  been  excused,  and  deposit  them  in  a  box,  the  kind  to 
be  approved  by  the  judge.  He  shall  then,  after  thoroughly  mixing  the 
same,  draw  from  the  box  twelve  names,  and  the  persons  whose  names  are  so 
drawn  shall  then  be  examined  as  to  their  qualifications  to  serve  as  jurors. 
If  the  ballots  become  exhausted  before  the  jury  is  complete,  or  if  for  any 
cause  a  juror  or  jurors  be  excused  or  discharged,  a  sufficient  number  of 
additional  jurors  shall  be  drawn  from  the  jury  box  and  summoned  as  pro- 
vided by  law.  The  jury  shall  consist  of  twelve  persons,  unless  the  parties 
consent  to  a  less  number.  The  parties  may  consent  to  any  number  not 
less  than  four.  Such  consent  shall  be  entered  by  the  clerk  in  the  minutes 
of  the  trial. 

KriT.  C.  <'.  r.,l»(X). 

The  right  of  trial  by  jury  is  secured  by  the  constitution,  sec.  :>:>:.'. 

<  «rneral  statutes  concerning  jurors  and  juries,  sees.  492">  4!>42. 

Juries  in  criminal  cases,  sees.  7121,  7 !•_'*.». 

It    is    competent    for    the    legislature    to       State  v.  Crozier,  12  Nev.  300,  304.     See  also 
1'iiint  out  the  mode  of  impaneling  juries,  and       citations  under  Const.,  art.  1,  sec.  3. 
Tl:«-  forms  of  the  common  law  in  procuring  In  a  purely  equity  case,  the  calling  of  a 

;i  .jury  can  be  changed  and  made  subject  to  jury  is  a  matter  of  discretion  with  the  judge 
statutory  regulations.  State  v.  McClear,  11  and  not  a  matter  of  right  in  the  parties. 
Nev.  39.  See  State  v.  Johnson  12  Nev.  124;  Van  Vliet  v.  Olin,  4  Nev.  95  (97  A.  D.  513). 

5-20.").  Parties  united  must  join  in  challenge— Four  ixMrmptory  challenges. 
SEC.  263.  Either  party  may  challenge  the  jurors;  but  when  there  are 
several  parties  on  either  side,  they  shall  join  in  a  challenge  before  it  can  be 
made,  unless  the  court  otherwise  or4er  or  direct.  The  challenges  shall  be 
to  individual  jurors,  and  shall  either  be  peremptory  or  for  cause.  Each 
party  shall  be  entitled  to  four  peremptory  challenges. 

Kerr,  C.  C.P.,601. 

5206.    Grounds  for  challenge  for  cause. 

SEC.  264.  Challenges  for  cause  may  be  taken  on  one  or  more  of  the 
following  grounds : 

1.  A  want  of  any  of  the  qualifications  prescribed  by  statute  to  render 
a  person  competent  as  a  juror. 

2.  Consanguinity  or  affinity  within  the  third  degree  to  either  party. 

3.  Standing  in  the  relation  of  debtor  or  creditor,  guardian  and  wardj 
master  and  servant,  employer  and  clerk,  or  principal  and  agent,  to  either 
party;  or  being  a  member  of  the  family  of  either  party  or  a  partner,  or 
united  in  business  with  either  party;  or  being  security  on  any  bond  or 
obligation  for  either  party. 

4.  Having  served  as  a  juror  or  been  a  witness  on  a  previous  trial  between 
the  same  parties  for  the  same  cause  of  action;  or  being  then  a  witness 
therein. 

5.  Interest  on  the  part  of  the  juror  in  the  event  of  the  action,  or  in  the 
main  question  involved  in  the  action;  except  the  interest  of  the  juror  as  a 
member  or  citizen  of  a  municipal  corporation. 

6.  Having  formed  or  expressed  an  unqualified  opinion  or  belief  as  to 


Sec.  5207  CIVIL  PRACTICE  1516 

the  merits  of  the  action,  or  the  main  question  involved  therein;  provided, 
that  the  reading  of  newspaper  accounts  of  the  subject-matter  before  the 
court  shall  not  disqualify  a  juror  either  for  bias  or  opinion. 

7.  The  existence  of  a  state  of  mind  in  the  juror  evincing  enmity  against 
or  bias  to  either  party. 

Kerr,  C.  C.P.,602. 

One  who  was  a  stockholder  when  suit  was  of  his  unfortunate  condition  resulting  from 

commenced  against  a  corporation  and  would  the  accident,  where  he  believes  that  he  can 

be  liable  for  his  share  of  any  costs  incurred  set  aside  such  sympathy  and  render  a  just 

while  he  remained  a  stockholder,  would  be  verdict  on  the  evidence  and  instructions,  is 

disqualified  as  a  juror.  Fleeson  v.  Savage  not  sufficient  to  disqualify  him.  Burch  v. 

S.  M.  Co.,  3  Nev.  157,  162.  S.  P.  B.  E.  Co.,  32  Nev.  75,  100  (104  P.  225). 

The  grounds  of  challenge  to  jurors  for  Even  though  the  court  errs  in  denying  a 

cause  are  pointed  out  by  this  section,  and  challenge  of  a  juror  for  cause,  if  the  com- 

a  party  desiring  to  have  such  challenge  plaining  party  has  peremptory  challenges 

tried  must  specify  the  grounds  upon  which  remaining,  the  peremptory  challenging  of 

he  bases  it.  Estes  v.  Eichardson,  6  Nev.  129.  the  same  juror  cures  the  error,  unless  the 

Facts  on  which  it  was  held  that  a  chal-  party  was  thereby  forced  to  exhaust  its  per- 

lenge  for  cause  was  properly  overruled.  emptory  challenges,  and  was  deprived  of 

Idem.  the  substantial  right  to  use  the  challenge 

Cited,  Conley  v.  Chedic,  7  Nev.  336,  340.  on  some  other  juror.     Idem. 

Upon  the  facts  of  this  case  it  is  not  The  relation  of  landlord  and  tenant 

shown  that  the  juror  challenged  had  either  between  a  juror  and  a  party  authorizes  the 

formed  or  expressed  any  unqualified  opinion.  sustaining  of  a  challenge  to  a  juror.  Sher- 

Weill  v.  Lucerne  M.  Co.,  11  Nev.  200,  206.  man  v.  S.  P.  E.  E.  Co.,  33  Nev.— (Ill  P.  416). 

The  general  abstract  bias  which  a  juror  Any  error  in  sustaining  a  challenge  to  a 

may  entertain  when  he  expresses  his  sym-  juror  is  harmless  if  no  objectionable  persons 

pathy  for  plaintiff  in  an  injury  case,  because  are  on  a  jury  as  finally  constituted.  Idem. 

5207.  Challenges— How  tried— Witnesses. 

SEC.  265.  Challenges  for  cause  shall  be  tried  by  the  court.  The  juror 
challenged,  and  any  other  person,  may  be  examined  as  a  witness  on  the 
trial  of  the  challenge. 

Kerr,  C.  C.P.,603. 

5208.  Oath  and  custody  of  jury. 

SEC.  266.  As  soon  as  the  jury  is  completed,  an  oath  or  affirmation  shall 
be  administered  to  the  jurors,  in  substance  that  they,  each  of  them,  will 

well  and  truly  try  the  matter  in  issue  between ,  the  plaintiff,  and 

,  the  defendant,  and  a  true  verdict  render  according  to  the  evi- 
dence. After  the  oath  or  affirmation  has  been  administered  and  the  jury 
has  been  fully  impaneled,  it  shall  be  the  duty  of  the  court  to  order  the  jury 
into  the  custody  of  the  sheriff,  or  other  officer  selected  by  the  court,  and 
the  jurors  shall  not  be  allowed  to  separate  or  depart  from  the  custody  of 
the  sheriff  or  other  officer  until  they  have  been  duly  discharged,  unless  by 
the  consent  of  the  parties  to  the  action.  It  shall  be  the  duty  of  the  sheriff, 
at  the  charge  of  the  parties  to  the  action,  to  prepare  suitable  and  comfort- 
able apartments,  and  prepare  food  for  the  jury  pending  the  trial. 

Kerr,  C.  C.P.,604. 

5209.  Juror,  when  sick,  procedure. 

SEC.  267.  If,  after  the  impaneling  of  the  jury,  and  before  verdict,  a 
juror  becomes  sick,  so  as  to  be  unable  to  perform  his  duty,  the  court  may 
order  him  to  be  discharged.  In  that  case,  the  trial  may  proceed  with  the 
other  jurors,  or  a  new  juror  may  be  sworn,  and  the  trial  begun  anew; 
or  the  jury  may  be  discharged,  and  a  new  jury  then  or  afterwards 
impaneled. 

Kerr,  C.  C.  P.,  615. 

5210.  Order  of  trial— Evidence,  defense,  instructions,  argument. 

SEC.  268.    When  the  jury  has  been  sworn,  the  trial  must  proceed  in  the 
following  order,  unless  the  judge,  for  special  reasons,  otherwise  directs: 
1.  The  pleadings  shall  be  read  by  counsel  for  the  plaintiff  or  of  the 


1517  CIVIL  PRACTICE  Sec.  5212 

respective  parties,  as  they  may  prefer,  or,  if  not  so  read,  counsel  for  plain- 
tiff may  state  the  issue.  Counsel  for  the  plaintiff  and  defendant,  respect- 
ively, shall  then  make  opening  statements,  if  any  they  desire  to  make  ; 

2.  The  plaintiff  and  defendant  shall  then,  each  respectively,  offer  the 
evidence  upon  his  part  ; 

3.  The  parties  may  then  respectively  offer  rebutting  evidence  only,  unless 
the  court,  for  good  reason,  in  furtherance  of  justice,  permit  them  to  offer 
evidence  upon  their  original  case  ; 

4.  When  the  evidence  is  concluded,  unless  the  case  is  submitted  to  the 
jury  on  either  side  or  on  both  sides  without  argument,  or  unless  a  demand 
be  made  to  have  the  jury  instructed  in  advance  of  the  argument  as  here- 
after provided  in  this  section,  the  plaintiff  must  commence  and  may  con- 
clude the  argument  ; 

5.  If  several  defendants,  having  separate  defenses,  appear  by  different 
counsel,  the  court  must  determine  their  relative  order  in  the  evidence  and 
argument  ; 

6.  The  court  may  then  charge  the  jury;  provided,  if  either  party  demand 
it,  the  court  must  settle  and  give  the  instructions  to  the  jury  before  the 
argument  begins,  but  this  shall  not  prevent  the  giving  of  further  instruc- 
tions which  may  become  necessary  by  reason  of  the  argument. 

K.-IT.  ('.  (\  ]'..  1)07. 

Furtlu-r  n-ganliiig  instructions  to  juries,  see  court  rule  40,  following  section  -194'J. 


5211.  Jury  inn.v  vi<»\v  property  or  promises. 

SEC.  269.  When,  in  the  opinion  of  the  court,  it  is  proper  for  the  jury 
to  have  a  view  of  the  property  which  is  the  subject  of  litigation,  or  of  the 
place  in  which  any  material  fact  occurred,  it  may  order  them  to  be  con- 
ducted, in  a  body,  under  the  charge  of  an  officer,  to  the  place,  which  shall 
be  shown  to  them  by  some  person  appointed  by  the  court  for  that  purpose. 
While  the  jury  are  thus  absent,  no  person,  other  than  the  person  so 
appointed,  shall  speak  to  them  on  any  subject  connected  with  the  trial. 

K.-rr.  C.  C.  P.JilO. 

5212.  rharjr*1  to  tin*  jury—  Court  must  furnish  in  writing,  upon  request. 

points  of  la\v. 

SEC.  270.  In  charging  the  jury  the  court  shall  state  to  them  all  matters 
of  law  which  it  thinks  necessary  for  their  information  in  giving  their 
verdict,  and  if  it  state  the  testimony  of  the  case,  it  must  also  inform  the 
jury  that  they  are  the  exclusive  judges  of  all  questions  of  fact.  The  court 
must  furnish  to  either  party,  at  the  time,  upon  request,  a  statement  in 
writing  of  the  points  of  law  contained  in  the  charge,  or  must  sign,  at  the 
time,  a  statement  of  such  points  prepared  and  submitted  by  the  counsel 
of  either  party. 

Kerr,  C.C.P.,608. 

See  Const.,  sec.  327,  ante. 

To  inform  the  jury  what  the  law  is  con-  rule    of    law,    it    is    not    improper   to    notice 

nected  with  the  case  in  hand  and  show  them  exceptions  to  the  general  rule  or  such   cir- 

how    to    apply    it    to    the    particular    facts  cumstances    as    will    prevent    its    operation. 

involved.      State    v.    Levigne,    17    Nev.    435  Van  Valkenburg  v.  Huff,  1  Nev.  142. 
(30  P.  1084).  Facts  proved  and  not  controverted  need 

It  is  proper  for  a  court  to  refuse  instrue-  not  go  to  the  jury.    It  is  no  error  for  a  court 

tions   containing   correct   principles    of   law,  in  its  charge  to  take  from  the  consideration 

if  there  is  no  evidence  before  the  jury  mak-  of  the  jury  a  fact  proven  by  one  party  and 

ing   them    applicable    to   the    case    on    trial.  not   controverted  by  the   other.      Sharon   v. 

'Sherman  v.  Dilley,  3  Nev.  22.  Minnock,  6  Nev.  377. 

Instructions     at     party's     own     request  —  Whole  charge  to  jury  to  be  considered  as 

Estoppel.      Gillson    v.    Price,    18    Nev.    109  entirety.     Caples  v.  C.  P.  K.  Co.,  6  Nev.  265; 

1    P.   459);     Meyer   v.   V.    &   T.   E.   Co.,    16  Allison  v.  Ilagan,  12  Nev.  38;    Solen  v.  V.  & 

Nev.  341.  T.  E.  Co.,  13  Nev.  106. 

When   a   court   is  laying  down  a  general  Instruction  inapplicable  to  issue.    A 

96 


Sec,  5213 


CIVIL  PRACTICE 


1518 


ment  will  not  be  reversed  on  account  of  an 
erroneous  instruction,  when  it  appears  that 
it,  was  not  applicable  to  the  issues  and  could 
not  have  injured.  Brown  v.  Lillie,  6  Nev. 
244. 

Charge  to  jury — Error — In  case  of  money 
account/  bill  of  particulars.  Huguet  v. 
Owen,  1  Nev.  464. 

Charge  to  jury — Error — Proper  measure 
of  damages.  Harvey  v.  Sides  S.  M.  Co.,  1 
Nev.  539. 

An  instruction  of  the  court,  assuming  as 
a  fact  that  A  was  a  creditor  of  B,  where  this 
was  a  fact  in  issue  in  the  case,  was  clearly 
erroneous.  Gaudette  v.  Travis,  11  Nev.  149; 
Tognini  v.  Kyle,  17  Nev.  209. 

Action  for  water  right  and  mill  site,  error 
to  charge  that  plaintiff  must  prove  right  to 
premises  and  damages.  Dillon  v.  Sherman, 

2  Nev.  67. 

The  rule  that  a  judgment  must  be  reversed 
where  instructions  on  a  material  point  are 
contradictory,  is  not  an  absolute  and  unquali- 
fied rule.  Eule  explained.  Lobdell  v.  Hall, 

3  Nev.  507. 

Instructions  given  or  refused  by  the  lower 
court  will  not  be  inquired  into  on  appeal, 
unless  the  record  shows  that  the  giving  or 
refusal  to  give  them  was  excepted  to  at 
the  time.  Idem. 

Evident  meaning  versus  literal  language 
— Theory  regarding  ledge — Instruction  that 
it  must  be  conclusively  established,  error. 
Silver  M.  Co.  v.  Fall,  6  Nev.  116. 

When  a  plaintiff  claims  water  on  the 
ground  of  prior  appropriation,  it  is  error 
in  the  court  to  refuse  an  instruction  to  this 
effect:  "The  plaintiff  is  not  entitled  to  any 
greater  quantity  of  the  water  of  Desert 
creek  than  he  actually  appropriated  prior  to 
defendant's  appropriation."  Lobdell  v.  Simp- 
son, 2  Nev.  274. 

"Character"  of  injured  person  not  involved 
in  suit  for  negligence.  An  instruction  sub- 
mitting it  to  the  jury  for  such  purpose  is 
error.  Johnson  v.  Wells,  Fargo  &  Co.,  6 
Nev.  224. 

The  presumption  in  all  cases  of  jury  trials 
is  that  the  jury  apply  the  law  as  given  by 
the  court,  and  upon  such  law  and  the  evi- 
dence render  their  verdict;  and  no  appel- 
late court  can  decide  the  effect  of  the  one 
separate  from  the  other.  Idem. 

Action  for  counsel  fees,  traveling 
expenses,  and  time  lost — Charge  to  jury. 
Hardy  v.  Ophir  S.  M.  Co.,  4  Nev.  304. 

Error — Action  on  insurance  policy.  Ger- 
hauser  v.  North  British  Co.,  6  Nev.  15. 

Eeiterations  in  instructions  may  be 
stricken  out.  Gerhauser  v.  N.  B.  Ins.  Co.,  7 
Nev.  174. 

If  an  equity  case  is  treated  as  an  ordi- 
nary action  at  law,  and  submitted  to  a  jury 
as  such,  and  the  court  considers  itself  bound 


5218. 


and  controlled  by  the  verdict  as  in  an 
action  at  law,  each  party  has  the  same  right 
with  respect  to  instructions  as  if  it  were  a 
case  at  law.  Van  Vliet  v.  Olin,  4  Nev.  95 
(97  A.  D.  513). 

Submitting  rejected  portions  only  partly 
obliterated.  No  error,  unless  objected  to 
and  rewriting  refused.  Allison  v.  Hagan, 
32  Nev.  38. 

Eefusal  of  instructions.  Held,  error  in 
such  case.  Idem. 

Instructions  as  to  the  law  under  a  certain 
state  of  facts  are  properly  denied  when  the 
uncontroverted  evidence  shows  such  facts 
do  not  exist.  Shields  v.  Ditch  Co.,  23  Nev. 
349  (47  P.  194). 

Instructions  —  Where  no  injury  occurs. 
Court  will  not  consider  whether  correct  or 
not.  Smith  v.  Lee,  10  Nev.  208. 

When  not  prejudicial.  When  upon  the 
appellant's  own  showing  of  facts,  the  judg- 
ment if  rendered  in  his  favor,  would  have 
to  be  reversed.  Bishop  v.  Stewart,  13  Nev. 
25;  Gaudette  v.  Travis,  11  Nev.  149. 

Stating  to  a  jury  a  fact  not  controverted, 
not  error.  Menzies  v.  Kennedy,  9  Nev.  152. 

Instructions  calculated  to  mislead  jury 
should  be  repressed.  Thompson  v.  Powning, 
15  Nev.  195. 

The  court  is  not  required  to  instruct  a 
jury  upon  any  question  not  raised  by  the 
pleadings  nor  authorized  by  the  evidence 
nor  at  issue  in  the  case.  Shafer  v.  Gilmer, 
13  Nev.  330;  Longabaugh  v.  V.  &  T.  E.  E. 
Co.,  9  Nev.  271;  Fulton  v.  Day,  8  Nev.  80; 
Schissler  v.  Chesshire,  7  Nev.  427;  Tognini 
v.  Hansen,  18  Nev.  61  (1  P.  198);  Meyer  v. 
V.  &  T.  E.  E.  Co.,  16  Nev.  341. 

LTnintelligible  instruction  was  properly 
refused.  Colquhorn  v.  Wells,  Fargo  &  Co., 
21  Nev.  459  (33  P.  977). 

The  rule  in  criminal  cases,  that  where  an 
instruction  is  refused  for  the  reason  that  it 
has  already  been  given,  the  court  should  so 
inform  the  jury,  does  not  apply  in  civil 
cases.  Gerhauser  v.  N.  B.  and  M.  Ins.  Co., 
7  Nev.  177. 

Instruction  as  to  veins  apexing  in  mining 
location,  held  harmless  error.  Southern  Nev. 
G  &  S.  M.  Co.  v.  Holmes,  27  Nev.  108  (103 
A.  S.  759,  73  P.  759). 

Forfeit  money  breach  of  contract.  Eager 
v.  Mathewson,  27  Nev.  220  (74  P.  404). 

An  instruction  cannot  be  reviewed  on 
appeal  where  the  record  fails  to  disclose  any 
objection  made  or  exception  taken  thereto. 
McGurn  v.  Mclnnis,  24  Nev.  370  (55  P.  304); 
McNamee  v.  Nesbitt,  24  Nev.  400  (56  P.  37). 

Use  of  whistle  as  warning.  Powell  v. 
N.  C.  O.  E.  E.  Co.,  28  Nev.  305  (82  P.  96). 

Issues  covered  by  charges  given.  Burch 
v.  S.  P.  Co.,  32  Nev.  75. 

Court  may  refuse  to  give  a  partially 
erroneous  instruction.  Idem. 


Deliberation  of  jury,  how  and  where  conducted— Duty  of  officer  in 
charge— Parties  may  appoint  persons  to  remain  with  officer. 
SEC.  271.    After  hearing  the  charge,  the  jury  may  either  decide  in  court 


1519  CIVIL  PRACTICE  Sec.  5217 

or  retire  for  deliberation.  If  they  retire,  they  shall  be  kept  together  in  a 
room  provided  for  them,  or  some  other  convenient  place  under  charge  of 
one  or  more  officers,  until  they  agree  upon  their  verdict  or  are  discharged 
by  the  court.  The  officer  shall,  to  the  utmost  of  his  ability,  keep  the  jury 
separate  from  other  persons.  He  shall  not  suffer  any  communication  to  be 
made  to  them,  or  make  any  himself,  unless  by  order  of  the  court  or  judge, 
except  to  ask  them  if  they  have  agreed  upon  their  verdict ;  and  he  shall  not, 
before  the  verdict  is  rendered,  communicate  to  any  person  the  state  of 
their  deliberations,  or  the  verdict  agreed  upon.  Each  party  to  the  action 
may  appoint  one  or  more  persons,  one  of  whom  on  each  side  shall  be 
entitled  to  remain  with  the  officer  or  officers  in  charge  of  the  jury,  and  to 
be  present  at  all  times  when  any  communication  is  had  with  the  jury,  or 
any  individual  member  thereof,  and  no  communication,  either  oral  or 
written,  shall  be  made  to  or  received  from  the  jurors,  or  any  of  them, 
except  in  the  presence  of  and  hearing  of  such  persons  so  selected  by  the 
parties ;  and  in  case  of  a  written  communication,  it  shall  not  be  delivered 
till  read  by  them. 

Kerr.C.C.  P.,613. 

Kxpenses  of  jurors,  sec.  I'l  »:;.">. 

separation  of  a  juror,  when  not  preju-  violate  verdict.  Schissler  v.  Chesshire,  7 
dicial.  Carnaghan  v.  Ward,  8  Nev.  30.  Nev.  427. 

hitt'erence  between  "treating"  a  juror  and  Drinking  liquor  by  juror,  when  not  fur- 

P«M -forming  a  mere  act  of  humanity.  Sac-  nished  by  prevailing  party  will  not  vitiate 
iMiit-nto  &  M.  M.  Co.  v.  Showers,  6  Nev.  291.  verdict.  Richardson  v.  Jones,  1  Nev.  405. 

"Treating"  jury,  verdict  and  judgment  set  Intoxication  of  jury  avoids  verdict. 

.isi.lo.  Idem.  Davis  v.  Cook,  9  Nev.  134. 

What  tampering  with  jury  avoids  verdict.  Separation  of  jury  without  objection,  in 

Llt-m.  the  absence  of  showing  of  harm,  verdict  not 

Treating   jury   to   liquor,   what    will    not       disturbed.    Menzies  v.  Kennedy,  9  Nev.  153. 

5214.  .fury  may  take  with  them  certain  papers. 

SEC.  272.  Upon  retiring  for  deliberation,  the  jury  may  take  with  them 
all  papers,  except  depositions,  which  have  been  received  as  evidence  in  the 
cause,  or  copies  of  such  papers  as  ought  not,  in  the  opinion  of  the  court, 
to  be  taken  from  the  person  having  them  in  possession ;  and  they  may  also 
take  with  them  notes  of  the  testimony,  or  other  proceedings  on  the  trial, 
taken  by  themselves  or  any  of  them,  but  none  taken  by  any  other  person. 

Kerr,  C.  C.  P.,  612. 

5215.  .Jury  may  come  into  court  for  further  instructions. 

SEC.  273.  After  the  jury  have  retired  for  deliberation,  if  there  be  a 
disagreement  between  them  as  to  any  part  of  the  testimony,  or  if  they 
desire  to  be  informed  of  any  point  of  law  arising  in  the  cause,  they  may 
require  the  officer  to  conduct  them  into  court.  Upon  their  being  brought 
into  court,  the  information  required  shall  be  given  in  the  presence  of  or 
after  notice  to  the  parties  or  counsel. 

Kerr,  C.  C.  P.,  (514. 

5216.  When  prevented  from  giving  verdict,  the  cause  may  be  again  tried. 

SEC.  274.  In  all  cases  where  a  jury  are  discharged,  or  prevented  from 
giving  a  verdict  by  reason  of  accident  or  other  cause  during  the  progress 
of  the  trial,  or  after  the  cause  is  submitted  to  them,  the  action  may  be 
again  tried,  immediately  or  at  a  future  time,  as  the  court  shall  direct. 

Kerr,  C.  C.  P. ,616. 

5217.  While  jury  absent,  court  may  adjourn— Sealed  verdict. 

SEC.  275.  While  the  jury  are  absent,  the  court  may  adjourn  from  time 
to  time  in  respect  to  other  business,  but  it  shall,  nevertheless,  be  deemed 
open  for  every  purpose  connected  with  the  cause  submitted  to  the  jury  until 


Sec.  5218  CIVIL  PRACTICE  1520 

a  verdict  is  rendered  or  the  jury  discharged.  The  court  may  direct  the 
jury  to  bring  in  a  sealed  verdict  at  the  opening  of  the  court,  in  case  of  an 
agreement  during  a  recess  or  adjournment  for  the  day. 

Kerr,  C.  C.P.,617. 

5218.  Verdict,  how  declared. 

'SEC.  276.  When  the  jury  have  agreed  upon  their  verdict,  they  shall  be 
conducted  into  court  by  the  officer  having  them  in  charge;  their  names 
shall  then  be  called,  and  they  shall  be  asked  by  the  court,  or  the  clerk, 
whether  they  have  agreed  upon  their  verdict;  and  if  the  foreman  answer 
in  the  affirmative,  they  shall,  on  being  required,  declare  the  same. 

Kerr,  C.  C.P.,618. 

5219.  Proceeding's  when  verdict  informal. 

SEC.  277.  If  the  verdict  be  informal  or  insufficient  in  not  covering  the 
whole  issue  or  issues  submitted,  the  verdict  may  be  corrected  by  the  jury, 
under  the  advice  of  the  court,  or  the  jury  may  again  be  sent  out. 

Kerr,  C.  C.  P.,  619. 

5220.  Clerk  to  record  verdict— Jury  to  assent  to. 

SEC.  278.  When  the  verdict  is  given,  and  is  not  informal  or  insufficient, 
the  clerk  shall  immediately  record  it  in  full  in  the  minutes,  and  shall  read 
it  to  the  jury,  and  inquire  of  them  whether  it  is  their  verdict.  If  more  than 
one-fourth  of  the  jurors  disagree,  the  jury  shall  be  again  sent  out;  but  if 
no  disagreement  be  expressed,  the  verdict  shall  be  complete,  and  the  jury 
shall  be  discharged  from  the  case. 

The  constitution  provides  that  three-fourths  of  the  jury  may  determine  a  civil  case,  sec.  •_'.';•_'. 
Kerr,  C.  C.P.,618. 

CHAPTER  29 
THE  VERDICT 

5221.  General  and  special  verdicts  defined.  .")i'24.  Verdict   in   action   to   recover   specific 

5222.  When  a  general  or  special  verdict  may  property. 

be  rendered.  "i!  _!•">.  Entry  of  verdict. 

5223.  Verdict    in    actions    for    recovery    of 

money,  or  on  counterclaim. 

5221.  General  and  special  verdicts  defined. 

SEC.  279.  The  verdict  of  a  jury  is  either  general  or  special.  A  general 
verdict  is  that  by  which  they  pronounce  generally  upon  all  or  any  of  the 
issues,  either  in  favor  of  the  plaintiff  or  defendant ;  a  special  verdict  is  that 
by  which  the  jury  find  the  facts  only,  leaving  the  judgment  to  the  court. 
The  special  verdict  shall  present  the  conclusions  of  fact,  as  established  by 
the  evidence,  and  not  the  evidence  to  prove  them ;  and  those  conclusions  of 
fact  shall  be  so  presented  as  that  nothing  shall  remain  to  the  court  but  to 
draw  from  them  conclusions  of  law. 

Kerr,  C.  C.  P.,  624. 

A  special  verdict  must  expressly  present  find  conclusions  of  law.  Fitzpatrick  v. 
all  the  material  facts,  so  that  nothing  shall  Fitzpatrick,  6  Nev.  66. 

remain  for  the  court  but  to  draw  from  them  If  a  verdict  is  absolutely  defective  under 

the  conclusions  of  law.  Knickerbocker  &  the  pleadings,  no  legal  judgment  can  be 
N.  S.  M.  Co.  v.  Hall,  3  Nev.  194,  280.  entered  thereon.  Brown  v.  Lillie,  6  Xcv. 

Upon    a    special    verdict    the    court    must       177. 

5222.  When  a  general  or  special  verdict  may  be  rendered. 

SEC.  280.  In  an  action  for  the  recovery  of  money  only,  or  specific  real 
property,  the  jury,  unless  instructed  by  the  court  to  render  a  special  verdict, 
may  in  their  discretion  render  a  general  or  special  verdict.  In  all  cases  the 
court  must  upon  the  request  in  writing  of  any  of  the  parties,  direct  the  jury 
to  find  a  special  verdict  in  writing  upon  all  or  any  of  the  issues  and  in  all 


1521  CIVIL  PRACTICE  Sec.  5226 

cases  must  instruct  them  upon  the  request  in  writing  of  any  of  the  parties, 
if  they  render  a  general  verdict,  to  find  upon  particular  questions  of  fact, 
to  be  stated  in  writing,  and  must  direct  a  written  finding  thereon.  The 
special  verdict  or  finding  must  be  filed  with  the  clerk  and  entered  upon  the 
minutes.  Where  a  special  finding  of  facts  is  inconsistent  with  the  general 
verdict,  the  former  controls  the  latter  and  the  court  must  give  judgment 
accordingly. 


Verdict  in  actions  for  recovery  of  money,  or  on  counterclaim. 

SEC.  281.  When  a  verdict  is  found  for  the  plaintiff,  in  an  action  for  the 
recovery  of  money,  or  for  the  defendant,  when  a  counterclaim  is  estab- 
lished, exceeding  the  amount  of  the  plaintiff's  claim  as  established,  the  jury 
shall  also  find  the  amount  of  the  recovery. 

Kerr,C.  C.  I'.,<>2«i. 

<  iT»-<l.  Knickerbocker  &  N.  S.  M.  Co.  v.  therewith,  except  as  to  rate  of  interest,  it 
Hall.  :i  Xrv.  201.  was  held  that  tlu>  court  had  the  right  to 

When1  the  verdict,  though  irregular,  is  allow  interest  on  the  amount  found  at  the 
sutlicient  to  enable  the  court  to  understand  rate  expressed  in  the  note.  Allen  v.  Reilly, 
it.  and  judgment  is  entered  in  accordance  15  Nev.  452,  459. 

•}'2'24.    Verdict  in  action  to  recover  specific  property. 

SEC.  282.  In  an  action  for  the  recovery  of  specific  personal  property,  if 
the  property  has  not  been  delivered  to  the  plaintiff,  or  the  defendant,  by 
his  answer,  claim  a  return  thereof,  the  jury,  if  their  verdict  be  in  favor  of 
the  plaintiff,  or  if  being  in  favor  of  the  defendant,  they  also  find  that  he  is 
entitled  to  a  return  thereof,  shall  find  the  value  of  the  property,  and  may, 
at  the  same  time,  assess  the  damages,  if  any  are  claimed  in  the  complaint 
or  answer,  which  the  prevailing  party  has  sustained  by  reason  of  the  taking 
or  detention  of  such  property. 

Kerr,  C.  C.P.,<>1'7. 

A-  the  value  of  the  property  at  the  time  such   property.     Knickerbocker   &  N.   S.   M. 

of  the  conversion  is  not  the  true  measure  of  Co.  v.  Hall,  3  Nev.  194. 

damage,  a  general  finding  of  its  value  is  not  In  replevin,  where  the  property  has  not 

a  sufficient  assessment  of  the  sum  of  money  been  delivered  to  plaintiff,  the  verdict  and 

to  be  recovered  by  the  successful  party  in  judgment  in  his  favor  are  required  to  be  in 

an   action    for   the   wrongful   conversion    of  the  alternative,  and  so  also  is  the  execution. 

(arson  v.  Applegarth,  6  Nev.  187,  189. 

5225.  Entry  of  verdict. 

SEC.  283.  Upon  receiving  a  verdict,  an  entry  shall  be  made  by  the  clerk 
in  the  minutes  of  the  court,  specifying  the  time  of  trial,  the  names  of  the 
jurors  and  witnesses,  and  the  verdict;  and  where  a  special  verdict  is  found, 
either  the  judgment  rendered  thereon,  or  if  the  case  be  reserved  for  argu- 
ment or  further  consideration,  the  order  thus  reserving  it. 

Kerr,  C.  C.  P.,  628. 

CHAPTER  30 

TRIAL  BY  THE  COURT 

•li'i'il.  Jury  trial  may  be  waived,  when  and  5228.  Findings  of  fact  may  be  waived. 

how.  5229.  Judgment   on   issue  of  law,  reference 

~)'l-~.  Decision    of   court,   when   filed  —  Modi-  ordered,  when  —  Chancery  cases  tried 

fication  of  findings.  by  court. 

5226.  Jury  trial  may  be  waived,  when  and  how. 

SEC.  284.  Trial  by  jury  may  be  waived  by  the  several  parties  to  an  issue 
of  fact  in  actions  arising  on  contract,  or  for  the  recovery  of  specific  real  or 
personal  property,  with  or  without  damages,  and  with  the  assent  of  the 
court,  in  other  actions,  in  the  manner  following  : 

1.  By  failing  to  demand  the  same  at  or  before  the  time  the  cause  is  set  for 
trial  or  to  appear  at  the  trial. 


Sec.  5227  CIVIL  PRACTICE  1522 

2.  By  written  consent,  in  person  or  by  attorney,  filed  with  the  clerk. 

3.  By  oral  consent  in  open  court,  entered  in  the  minutes. 

Kerr,  C.  C.P.,631. 

5227.  Decision  of  court,  when  filed— Modification  of  finding's. 

SEC.  285.  Upon  a  trial  of  a  question  of  fact  by  the  court  its  decision  must 
be  given  in  writing,  and  filed  with  the  clerk  within  thirty  days  after  the 
cause  is  submitted  for  decision.  The  court  may,  however,  at  any  time 
before  a  notice  of  appeal  is  served  and  filed,  or  before  a  motion  for  a  new 
trial  is  ruled  upon,  if  such  motion  is  made,  add  to  or  modify  the  findings  in 
any  respect,  so  as  to  make  the  same  conform  to  the  issues  presented  by  the 
pleadings,  and  to  the  evidence  adduced  at  the  trial.  No  such  additions  to 
or  modifications  of,  the  findings  shall  be  made  unless  a  notice  in  writing 
specifying  generally  the  additions  or  modifications  desired,  shall  have  been 
served  on  the  adverse  party,  or  his  attorney  of  record. 

Kerr,  C.  C.P.,632. 

Where  a  cause  is  tried  by  a  court  without  judgment    and    upon    which    it    is    entered. 

a  jury,  the  same  weight  and  consideration  Corbett  v.  Job,  5  Nev.  201. 

is  given  to  its  findings  as  to  a  verdict;    and  The  formal   decision  required  to  be  filed 

the  same  rules  apply  as  to  reversing  them  after  trial  of  an  issue  of  fact  by  the  court  is 

on  appeal  on  the  ground  of  being  contrary  different   from   the   written    opinion    of   the 

to    evidence,   as '  to   a    verdict    of   the   jury.  court    mentioned    in    sec.    414    of    this    act. 

State  v.  Yellow  Jacket  M.  Co.,  5  Nev.  415.  Eeno  W.  L.  &  L.  Co.  v.  Osburn,  25  Nev.  53, 

When  a  finding  of  facts  is  defective,  it   .    68  (56  P.  945). 

must  be  excepted  to  in  the  court  below,  or  Though  the  court  refused  to  make  certain 

this  court  will  not  reverse  the  case  for  such  specific  findings  on  the  issues  made  by  the 

defect.     Whitmore  v.  Shiverick,  3  Nev.  288.  pleadings,   such   refusal   will   not   constitute 

It  is  not  necessary  for  a  court  to  find  a  reversible    error,     in    the    absence     of    any 

fact    which    is    admitted    in    the    pleadings.  affirmative  showing  in  the  record  that   the 

Virgin  v.  Brubaker,  4  Nev.  31.  court  failed  or  refused  to  make  findings  of 

Judgment    not    sustained.      Lockhart    v.  fact    as    required    by    this    section,    since    a 

Mackie,  2  Nev.  294.  presumption    of  the   regularity   of   the   pro- 

This  is  a  modification  of  Stats.  1861,  sec.  ceedings  exists.     Schwartz  v.  Stock,  26  Nev. 

180,  p.  343,  and  Stats.  1869,  sec.  182,  p.  224,  128,  142  (65  P.  351). 

which  have  had  the  following  citations:  Specific    findings    of    fact    on    the    issues 

The   written   decision   referred  to   in   this  made  by  the  pleadings,  requested  after  the 

section  is  something  which  must  precede  the  rendition      of      judgment,      were      properly 

refused,   as   the   statute   does   not   authorize 
such  practice.     Idem. 

5228.  Findings  of  fact  may  be  waived. 

SEC.  286.  Findings  of  fact  may  be  waived  by  the  several  parties  to  an 
issue  of  fact : 

1.  By  failing  to  appear  at  the  trial. 

2.  By  consent  in  writing,  filed  with  the  clerk. 

3.  By  oral  consent,  in  open  court,  entered  in  the  minutes. 

Kerr,  C.C.  P.,634. 

5229.  Judgment  on  issue  of  law,  reference  ordered,  when— Chancery  cases 

tried  by  court. 

SEC.  287.  On  a  judgment  upon  an  issue  of  law,  if  the  taking  of  an 
account  be  necessary  to  enable  the  court  to  complete  the  judgment,  a  refer- 
ence may  be  ordered.  Chancery  cases  may  be  tried  by  the  court,  with  or 
without  the  finding  of  a  jury,  upon  issues  formed  by  the  court. 

Kerr,  C.  C.  P.,  636. 

When  there  are  two  distinct  defenses,  it  himself  may  first  hear  and  determine  the 
is  not  proper  practice  to  impanel  one  jury  to  equitable  side  of  the  case;  or,  if  in  doubt, 
try  the  equitable  defense,  and  another  the  he  may  submit  special  issues  to  the  jury  who 
legal  defense.  It  is,  however,  proper  to  are  to  try  the  law  side  of  the  case.  Low  v. 
keep  the  two  defenses  separate.  The  judge  Crown  Point,  2  Nev.  75. 


1523  CIVIL  PRACTICE  See.  523:1 

CHAPTER  31 

REFERENCES  AND  TRIALS  RY  REFEREES 

">!'.". i).  Reference  ordered  upon  agreement  of       5232.  Number  of  referees,  qualifications. 

parties,  in  what  cases.  5233.  Either  party  may  object,  grounds  for. 

.":_':>  1.  Reference  ordered  on  motion,  in  what  5234.  Objections,  how  disposed  of. 

cases.  .")!'.".-").  Report  of  referees  to  stand  as  decision 

of  court. 

5*280.    Reference  ordered  upon  agreement  of  parties,  in  what  cases. 

SEC.  288.  A  reference  may  be  ordered  upon  the  agreement  of  the  parties, 
filed  with  the  clerk,  or  entered  in  the  minutes : 

1.  To  try  any  or  all  of  the  issues  in  an  action  or  proceeding  whether  of 
fact  or  of  law,  and  to  report  a  finding  and  a  judgment  thereon. 

2.  To  ascertain  a  fact  necessary  to  enable  the  court  to  proceed  and  deter- 
mine the  case. 

Kerr,C.C.P.,638. 

If  a  reference  is  general,  the  report  stands  Referees  appointed,  in  an  action  involving 
as  a  decision  of  the  court,  and,  upon  filing,  a  leasehold,  to  try  all  issues  and  report,  after 
judgment  should  have  been  thereon  entered,  trial  and  reporting  in  favor  of  defendant, 
unless  such  decision  had  been  altered  or  had  no  further  authority,  and  could  not 
amended.  If  the  reference  is  to  find  the  make  a  subsequent  order  suspending  all  pro- 
facts,  then  the  report  stands  as  a  special  ceedings  pending  motion  for  new  trial  about 
vt-nlirt,  and  upon  that  special  verdict  the  to  be  filed  by  plaintiffs.  Cline  v.  Langan, 
rourt  should  have  found  conclusions  of  law.  31  Nev.  239,  243  (101  P.  553). 
Fit/.p;it.rick  v.  Fitzpatrick,  6  Nev.  »!.">. 

5231.  Reference  ordered  on  motion,  in  what  c;iscs. 

SEC.  289.  When  the  parties  do  not  consent,  the  court  may  upon  the 
application  of  either,  or  of  its  own  motion,  direct  a  reference  in  the  follow- 
ing cases: 

1.  When  the  trial  of  an  issue  of  facts  requires  the  examination  of  a  long 
account  on  either  side ;  in  which  case  the  referees  may  be  directed  to  hear 
and  decide  the  whole  issue,  or  report  upon  any  specific  question  of  fact 
involved  therein. 

2.  When  the  taking  of  an  account  is  necessary  for  the  information  of 
the  court  before  judgment,  or  for  carrying  a  judgment  or  order  into  effect. 

3.  When  a  question  of  fact,  other  than  upon  the  pleadings,  arises  upon 
motion  or  otherwise  in  any  stage  of  the  action ;  or, 

4.  When  it  is  necessary  for  the  information  of  the  court  in  a  special 
proceeding. 

Kerr,  C.  C.  P.,  r>:;<). 

The  supreme  court  will,  in  an  election  con-  segregate  the  disputed  from  the  undisputed 
test  involving  a  state  office,  where  it  is  ballots  and  report  to  the  court  the  ballots 
apparent  some  twenty-five  thousand  votes  in  dispute  with  the  objections  interposed  to 
are  to  be  counted,  appoint  a  commissioner  to  the  same.  Springmeyer  v.  Baker,  34  Nev. 

— ;  Legate  v.  Josephs,  34  Nev.  — . 

5232.  Number  of  referees,  qualifications. 

SEC.  290.  A  reference  may  be  ordered  to  any  person  or  persons,  not 
exceeding  three,  agreed  upon  by  the  parties.  If  the  parties  do  not  agree, 
the  court  or  judge  shall  appoint  one  or  more  referees,  not  exceeding  three, 
who  reside  in  the  county  in  which  the  action  or  proceeding  is  triable,  and 
against  whom  there  is  no  legal  objection.  When  there  are  three  referees, 
all  shall  meet,  but  two  of  them  may  do  any  act  which  may  be  done  by  all. 

Kerr,  C.  C.P.,640. 

5233.  Either  party  may  object,  grounds  for. 

SEC.  291.  Either  party  may  object  to  the  appointment  of  any  person  as 
referee  on  one  or  more  of  the  following  grounds : 

1.  A  want  of  any  of  the  qualifications  prescribed  by  statute  to  render  a 
person  competent  as  a  juror. 


See.  5234  CIVIL  PRACTICE  1524 

2.  Consanguinity  or  affinity  within  the  third  degree  to  either  party. 

3.  Standing  in  the  relation  of  guardian  and  ward,  master  and  servant, 
employer  and  clerk,  or  principal  and  agent  to  either  party,  or  being  a  mem- 
ber of  the  family  of  either  party,  or  a  partner  in  business  with  either 
party,  or  being  security  on  any  bond  or  obligation  for  either  party. 

4.  Having  served  as  a  juror  or  been  a  witness  on  any  trial  between  the 
same  parties  for  the  same  cause  of  action,  or  being  then  a  witness  in  the 
cause. 

5.  Interest  on  the  part  of  such  person  in  the  event  of  the  action,  or  in  the 
main  question  involved  in  the  action. 

6.  Haying  formed  or  expressed  an  unqualified  opinion  or  belief  as  to 
the  merits  of  the  action. 

7.  The  existence  of  a  state  of  mind  in  such  person  evincing  enmity  against 
or  bias  to  either  party. 

Kerr,  C.  C.  P.,  641. 

5234.  Objections,  how  disposed  of. 

SEC.  292.  The  objections  taken  to  the  appointment  of  any  person  or  [as] 
referee  shall  be  heard  and  disposed  of  by  the  court.  Affidavits  may  be  read 
and  any  person  examined  as  a  witness  as  to  such  objections. 

Kerr,  C.C.P.,642. 

5235.  Report  of  referees  to  stand  as  decision  of  court. 

SEC.  293.  The  referees  shall  make  their  report  within  ten  days  after  the 
testimony  before  them  is  closed.  Their  report  upon  the  whole  issue  shall 
stand  as  the  decision  of  the  court,  and  upon  filing  the  report  with  the  clerk 
of  the  court,  judgment  may  be  entered  thereon  in  the  same  manner  as  if  the 
action  had  been  tried  by  the  court.  The  decision  of  the  referees  may  be 
excepted  to  and  reviewed  in  like  manner  as  if  made  by  the  court.  When" 
the  reference  is  to  report  the  facts,  the  report  shall  have  the  effect  of  a 
special  verdict. 

Kerr,  C.  C.  P.,643-(U5. 

Majority  of  referees  may  decide,  sec.  5488. 

Court    may   revoke    order    of   continuance  removed   upon   application   of   either   party, 

and  appoint  a  referee.     Young  v.  Clute,  12  but  if  not  removed,  his  authority  to  hear  the 

Nev.  31.  case  does  not   expire.     Ehodes  v.  Williams, 

Power  of  referee  same  as  court  would  have  12  Nev.  20. 

to  continue  the  hearing  from  time  to  time.  See  Fitzpatrick  v.  Fitzpatrick,  under  sec. 

Idem.  288  of  this  act. 

Eemoval   of   referee.     If   referee   fails   to  Cited,  Maher  v.  Swift,  14  Nev.  332. 

makp    report    in    time    ordered,    he    may    be  See  Cline  v.  Langan,  under  sec.  288  of  this 

act. 

CHAPTER  32 

JUDGMENT  BY  DEFAULT 

5286.    Judgment  on  failure  to  answer,  how  to  be  entered. 

SEC.  294.  Judgment  may  be  had,  if  the  defendant  fail  to  answer  the 
complaint,  as  follows : 

1.  In  an  action  arising  upon  contract  for  the  recovery  of  money  or 
damages  only,  if  no  answer  has  been  filed  with  the  clerk  of  the  court  within 
the  time  specified  in  the  summons,  or  such  further  time  as  may  have  been 
granted,  the  clerk,  upon  the  application  of  the  plaintiff,  shall  enter  the 
default  of  the  defendant,  and  immediately  thereafter  enter  judgment  for 
the  amount  specified  in  the  summons,  including  the  costs,  against  the 
defendant,  or  against  one  or  more  of  several  defendants,  in  the  cases 
provided  for  in  section  89. 

2.  In  other  actions,  if  no  answer  has  been  filed  with  the  clerk  of  the 
court  within  the  time  specified  in  the  summons,  or  such  further  time  as  may 
have  been  granted,  the  clerk  shall  enter  the  default  of  the  defendant ;  and 


1525  CIVIL  PRACTICE  Sec.  5237 

thereafter  the  plaintiff  may  apply  at  the  first,  or  any  subsequent  term  of 
the  court,  for  the  relief  demanded  in  the  complaint.  If  the  taking  of  an 
account,  or  the  proof  of  any  fact,  be  necessary  to  enable  the  court  to  give 
judgment  or  to  carry  the  judgment  into  effect,  the  court  may  take  the 
account,  or  hear  the  proof,  or  may,  in  its  discretion,  order  a  reference  for 
that  purpose.  And  where  the  action  is  for  the  recovery  of  damages,  in 
whole  or  in  part,  the  court  may  order  the  damages  to  be  assessed  by  a  jury ; 
or  if,  to  determine  the  amount  of  damages  the  examination  of  a  long 
account  be  necessary,  by  a  reference,  as  above  provided. 

3.  In  actions  where  the  service  of  the  summons  was  by  publication,  the 
plaintiff,  upon  the  expiration  of  the  time,  within  which,  by  law  the  defend- 
ant is  required  to  answer,  may,  upon  proof  of  the  publication,  and  that  no 
answer  has  been  filed,  apply  for  judgment;  and  the  court  shall  thereupon 
require  proof  to  be  made  of  the  demand  mentioned  in  the  complaint,  and 
if  the  defendant  be  not  a  resident  of  the  state,  shall  require  the  plaintiff,  or 
his  agent,  to  be  examined  on  oath  respecting  any  payments  that  have  been 
made  to  the  plaintiff,  or  to  any  one  for  his  use,  on  account  of  such  demand, 
and  may  render  judgment  for  the  amount  which  he  is  entitled  to  recover. 
The  word  answer  used  in  this  section  shall  be  construed  to  include  any 
pleading  that  raises  an  issue  of  law  or  fact,  whether  the  same  be  by  gen- 
eral or  special  appearance. 

Kerr,aC.  P., 586. 

Where  .lofendant  fails  to  appear  in  action  technical  objection.  Ewing  v.  Jennings,  15 
i'm-  roc o very  of  unliquidated  damages,  it  is  Nev.  379,  382. 

IK  it   necessary  to  call  a  jury  to  assess  dam-  A  motion  to  quash  summons  does  not  stay 

Court  may  either  hear  proof  itself  or       proceedings,    or    deprive    the    clerk    of    the 

UI-.IIT  ;i   rot'oroiioe  for  that  purpose.     One  of       power  to  enter  judgment  on  a  money  demand 

modes  must,  however,  be  pursued.     It       against  defendant  on  his  default.     Higley  v. 

ia  . n-oneous  to  render  judgment  by  default       Pollock,  21  Nev.  198,  209  (27  P.  895). 

without    proof    in    such    cases.     Ballard    v.  Judgment   by   default   confined  to   prayer 

I'mvoll.  1  Nev.  342,  343,  344.  of  complaint.     Burling  v.  Goodman,  1  Nev. 

<  itod,  Laird  v.  Morris,  23  Nev.  37,  38  (42       314. 
P.  11).  Judgment  of  dismissal,  where  no  summons 

A|.]M-;I|  will  not  lie  from  a  judgment  by  has  been  served,  should  be  without  preju- 
.Irfiuilt.  Paul  v!  Armstrong,  1  Nev.  82,  96.  dice.  Cedar  Hill  M.  Co.  v.  J.  Little  M.  Co., 

Where  a  demurrer  to  a  complaint  has  been       15  Nev.  302. 

overruled,  an  entry  of  default  is.  not  a  pre-  Default    improperly    taken.     The    defend- 

ivquisite  to  the  rendition  of  judgment.  Win-  ant  ought,  if  an  -  opportunity  is  presented 
tor  v.  Winter,  8  Nev.  130,  136.  during  the  term  at  which*  it  was  taken,  to 

A  judgment  entered  by  default  should  not       apply  to  the  court  below  for  relief.     Kidd  v. 
!>••    sot    aside   by   affidavits   and   an    answer       Four-Twenty  M.  Co.,  3  Nev.  381. 
which    failed   to    show   that   the    defendant  Judgment  by  default — Inexcusable  negli- 

luul  a  good  and  meritorious  defense  to  the       gence.     Harper  v.  Mallory,  4  Nev.  448. 
;n  tion.     The    judgment    should    not    be    set          Judgment    by    default — Excusable    negli- 
iisido  to  enable  the  defendant  to  raise  some       gence.  State  v.  Con.  Va.  M.  Co.,  13  Nev.  194. 

CHAPTER  33 
JUDGMENT  ON  DISMISSAL  OR  NONSUIT 

5287.    Dismissal  of  action  or  nonsuit,  in  what  cases  granted. 

SEC.  295.  An  action  may  be  dismissed,  or  a  judgment  of  nonsuit  entered 
in  the  following  cases : 

1.  By  the  plaintiff  himself  at  any  time  before  trial,  upon  the  payment  of 
costs,  if  a  counterclaim  has  not  been  made.     If  a  provisional  remedy  has 
been  allowed,  the  undertaking  shall  thereupon  be  delivered  by  the  clerk  to 
the  defendant,  who  may  have  his  action  thereon. 

2.  By  either  party  upon  the  written  consent  of  the  other. 

3.  By  the  court  when  the  plaintiff  fails  to  appear  on  the  trial,  and  the 
defendant  appears  and  asks  for  the  dismissal. 

4.  By  the  court  when  upon  trial  and  before  the  final  submission  of  the 
case  the  plaintiff  abandons  it. 


Sec.  5238 


CIVIL  PRACTICE 


1526 


5.  By  the  court,  upon  motion  of  the  defendant,  when  upon  the  trial  the 
plaintiff  fails  to  prove  a  sufficient  case  for  the  court  or  jury.  The  dismissal 
mentioned  in  the  first  two  subdivisions  shall  be  made  by  an  entry  in  the 
clerk's  register.  Judgment  may  thereupon  be  entered  accordingly.  In 
every  other  case  the  judgment  shall  be  rendered  on  the  merits. 

Kerr,  C.  C.  P.,  58],  582. 

The  grounds  urged  for  a  nonsuit  must  be 
as  specifically  designated  as  any  other 
exceptions  or  objections  taken  in  the  course 
of  a  trial.  Sharon  v.  Minnock,  6  Nev.  377. 

Where  an  action  for  ejectment  for  the 
recovery  of  a  mining  claim  is  dismissed  by 
stipulation  that  each  party  pay  his  own  costs 
and  plaintiff  be  released  from  all  liability 
on  his  injunction  bond,  and  the  defendant 
conveys  his  interest  to  plaintiff,  it  was  held 
that  the  judgment  of  dismissal  is  a  bar  to 
any  other  suit  between  the  same  parties  on 
the  identical  cause  of  action,  and  that  an 
action  for  mesne  profits,  founded  upon  the 
same  title,  could  not  thereafter  be  main- 
tained. Phillpotts  v.  Blasdel,  10  Nev.  19,  23. 

A  nonsuit  can  only  be  granted  u'pon  the 
grounds  stated  and  in  the  manner  provided. 
Burns  v.  Rodefer,  15  Nev.  59,  63. 

The  dismissal  of  a  party  defendant  at  the 
instance  of  plaintiff  before  trial,  in  a  case 
where  no  counterclaim  has  been  made,  is 
not  a  judgment  on  the  merits  and  is  not  a 
bar  to  further  proceedings  against  the  dis- 
missed defendant  upon  the  cause  of  action 
stated  in  the  complaint.  James  v.  Leport, 


19  Nev.  175,  177  (8  P.  47). 

The  fact  that  respondent  makes  a  counter- 
claim that  even  her  counsel  admits  cannot 
be  set  up  in  proceeding,  does  not  change  the 
situation.  It  is  precisely  the  same  as  if  a 
counterclaim  had  not  been  made.  State  ex 
rel.  Miles  v.  Wedge,  28  Nev.  39  (78  P.  760). 


This  section  does  not  change  the  inflexible 
rule  that  a  judgment  of  nonsuit  is  not  a 
judgment  on  the  merits,  and  such  judgment 
of  nonsuit  is  no  bar  to  another  suit  upon 
the  same  cause  of  action.  Laird  v.  Morris, 
23  Nev.  37,  38  (42  P.  11). 

The  only  purpose  of  the  section  was  to 
determine  in  what  cases  nonsuits  or  dis- 
missals should  be  entered.  The  statute  is 
in  affirmance  of  the  common  law,  and,  though 
by  a  consolidation  of  sections  it  is  subject 
to  criticism  for  uncertainty,  the  presumption 
is  that  no  change  was  intended  in  the  law. 
Idem. 

History  of  this  section  explained.     Idem. 

The  words  "sufficient  case  for  the  jury" 
are  not  words  of  limitation  as  to  cases  which 
were  only  tried  before  a  jury,  but  were 
intended  to  prescribe  the  test  of  the  suffi- 
ciency of  the  evidence;  and  hence  the  court's 
right  to  grant  a  nonsuit  extended  to  equity 
cases,  and  was  not  limited  to  those  only 
which  were  triable  by  a  jury.  McCafferty 
v.  Flinn,  32  Nev.  269  (107  P.  225). 

In  considering  a  motion  for  nonsuit  at 
the  close  of  plaintiff's  case,  every  fact  essen- 
tial to  plaintiffs  recovery  that  his  evidence 
tends  to  prove  and  all  legal  presumptions 
arising  from  such  evidence  must  be  taken 
as  established.  Fox  v.  Meyers,  29  Nev.  169; 
Burch  v.  S.  P.  R.  R.  Co.,  82  Nev.  75;  Patchen 
v.  Keeley,  19  Nev.  409;  Brown  v.  Warren, 
16  Nev.  231. 


CHAPTER  34 
JUDGMENT  IN  GENERAL 


5238.  Judgment  defined. 

5239.  Judgment,  how  given,  for  or  against 

whom. 

5238.    Judgment  defined. 

SEC.  296.    A  judgment  is  the  final 
parties  in  the  action  or  proceeding. 

Kerr,  C.C.P.,577. 

The  jurisdiction  of  a  court  to  render  judg- 
ment in  a  cause  is  coextensive  with  its 
authority  to  inquire  into  the  facts.  Feusier 
v,  Lammon,  6  Nev.  209. 

The  decision  of  the  court  is  the  judgment; 
the  entry  by  the  clerk  is  the  evidence  of  it 
merely.  Cal.  State  Tel.  Co.  v.  Patterson,  1 
Nev.  150. 

A  judgment  may  be  final,  although  it  is 
not  recorded  in  a  judgment  book  or  entered 
in  a  judgment  docket.  Idem. 

The  question  whether  a  judgment  is  final 
must  be  determined  with  reference  to  the 
facts  presented  by  the  record.  Idem. 


5240.  Judgment,  joint  or  several,  when  given. 

5241.  Relief  to  be  awarded  to  plaintiff. 

5242.  Actions  against  sheriif  for  official  acts 

— Notice  to  sureties. 


determination  of  the  rights  of  the 


A  judgment  is  none  the  less  final  because 
some  future  orders  of  the  court  may  become 
necessary  to  carry  it  into  effect.  Idem. 
-  A  judgment  is  a  judicial  act  of  the  court, 
and  it  is  as  final  when  pronounced  by  the 
court  as  when  it  is  entered  and  recorded 
by  the  clerk  as  required  by  the  statute,  the 
entry  being  the  ministerial  act  of  the  clerk. 
Central  Trust  Co.  v.  Holmes,  30  Nev.  437 
(97  P.  390). 

There  cannot  be  two  final  judgments  in 
the  same  action.  Low  v.  C.  P.  M.  Co.,  2 
Nev.  75. 

A  judgment  rendered  at  a  time  and  place 
other  than  those  appointed  by  law,  is  no 


1527 


CIVIL  PRACTICE 


See.  5238 


judgment;  it  is  not  merely  erroneous;  it  is 
void.  Dalton  v.  Libby,  9  Nev.  192. 

Judgment,  how  set  aside.     Idem. 

Judgment  entered  in  vacation  on  demurrer 
is  irregular  and  void.  Champion  v.  Sessions, 
1  Nev.  478. 

Judgment  void  for  want  of  jurisdiction. 
A  judgment  by  a  justice  of  the  peace  against 
a  nonresident,  where  the  affidavit  or  order 
of  publication  is  insufficient  and  there  is 
no  personal  service  nor  any  appearance,  is 
absolutely  void.  Little  v.  Currie,  5  Nev.  90. 

See  Forsyth  v.  Chambers,  30  Nev.  337  (96 


Judgment  in  equity  case  —  Special  issues. 
A  judgment  based  on  a  general  verdict  in 
such  an  action  is  erroneous.  Hulley  v. 
Chedic,  L'L'  Nev.  127  (58  A.  S.  729,  36  P.  783). 

Power  of  court  over  its  judgment.  When 
a  judgment  has  once  been  rendered,  the 
court  lias  no  right  to  set  it  aside,  except  in 
case  of  error  in  some  respect,  or  injustice  in 
tlu>  result.  Scott  v.  Haines,  4  Nev.  426. 

Wrong  reason  does  not  vitiate  correct 
judgment.  A  wrong  reason  for  a  judgment, 
\\hich  is  in  itself  correct,  will  not  vitiate  or 
atl'ert  it.  Idem. 

clerical  error  may  be  amended  when  the 
error  is  shown  by  the  record,  and  there  is 
no  necessity  to  resort  to  other  evidence  than 
is  afforded  by  the  record  to  correct  the 
error.  Sparrow  v.  Strong,  2  Nev.  362,  368. 

There  is  a  great  conflict  of  authority  as 
to  whether  an  inferior  court  can  amend  its 
record  whilst  the  case  is  pending,  on  writ  of 
error,  in  a  superior  court:  Held,  that  the 
pendency  on  the  writ  of  error  is  not  an 
impediment  to  the  amending  of  the  record 
so  as  to  correct  clerical  errors.  Idem. 

Judgment,  when  under  control  of  court. 
During  the  term  in  which  the  judgment  is 
rendered  the  court  has  complete  control  of 
it,  and  on  proper  showing  may  set  it  aside. 
Ballard  v.  Purcell,  1  Nev.  342. 

Jurisdiction  over  judgment  after  expira- 
tion of  term.  To  continue  full  and  complete 
jurisdiction  in  the  court  over  the  case 
beyond  the  term,  some  order  must  be  made 
or  proceeding  taken  in  accordance  with 
statute.  State  v.  First  National  Bank,  4 
Nev.  358;  State  v.  Fourth  District  Court,  16 
Xev.  371;  Daniels  v.  Daniels,  12  Nev.  118. 

Amendment  of  judgment  after  adjourn- 
ment of  term.  The  court  has  no  power  to 
amend  a  judgment  after  the  adjournment  of 
the  term  unless  there  is  something  in  the 
record  to  amend  by.  Solomon  v.  Fuller,  14 
Nev.  63. 

Judgment  not  a  bar  when  not  on  merits, 
nor  can  it  be  used  as  evidence  in  another 
action  to  establish  the  facts  constituting  the 
merits  of  the  action  in  which  it  was  ren- 
dered. Van  Vliet  v.  Olin,  1  Nev.  495. 

Proceedings  not  conclusive  without  a  judg- 
ment on  the  merits.  Idem. 

Judgment  conclusive.  A  judgment  of  a 
court  of  competent  jurisdiction,  between 
the  same  parties,  and  upon  the  same  issues, 
is  as  a  plea,  a  bar,  or  as  evidence,  conclu- 


sive, not  only  of  the  rights  which  it  estab- 
lishes, but  of  the  facts  which  it  directly 
decides.  McLeod  v.  Lee,  17  Nev.  103;  Brown 
v.  Ashley,  16  Nev.  311;  Sherman  v.  Dilley,  3 
Nev.  21. 

Judgment — Finality  of.  Where  a  party 
has  treated  a  judgment  as  final  by  appealing 
from  it  to  the  supreme  court,  which  appeal 
has  been  entertained  and  decided  upon  its 
merits,  he  cannot  afterwards  claim  that  no 
final  judgment  has  been  entered  in  the  case. 
State  v.  Com.  Lander  Co.,  22  Nev.  71  (35  P. 
300). 

County  —  Judgment  against,  same  as 
audited  claim  against.  The  rendition  of  a 
judgment  against  a  county  is  an  auditing  of 
the  claim  within  the  meaning  of  the  statute, 
and  it  becomes  the  duty  of  the  commission- 
ers to  allow  it  as  an  audited  claim,  unless 
some  sufficient  defense  exists  to  the  judg- 
ment. It  makes  no  difference  in  this  rule 
whether  in  the  action  in  which  the  judgment 
was  obtained  the  county  was  plaintiff  or 
defendant.  Idem. 

Guardianship  matters — Judgment  of  courts 
in — How  only  to  be  resisted.  The  judg- 
ment of  the  district  court  on  matters  con- 
cerning persons  or  estates  of  minors  cannot 
be  successfully  resisted  until  overruled  or 
modified  by  some  proceeding  impeaching  it. 
Deegan  v.  Deegan,  22  Nev.  185  (58  A.  S.  742, 
37  P.  360). 

Eights  claimed  under  judgment.  When 
any  rights  are  claimed  by  virtue  of  a  judg- 
ment of  a  court  of  %special  and  limited  juris- 
diction, all  the  facts  necessary  to  confer 
jurisdiction  must  be  affirmatively  shown. 
Mallett  v.  Uncle  Sam  Mining  Co.,  1  Nev.  188. 

Judgment  must  correspond  with  pleadings. 
A  judgment  must  accord  with  and  be  war- 
ranted by  the  pleadings  of  the  party  in 
whose  favor  it  is  rendered.  Frevert  v.  Henry, 
14  Nev.  191. 

Judgment  must  conform  to  the  issue.  A 
judgment  must  conform  with,  and  be  sus- 
tained by,  the  pleadings  of  the  party  in 
whose  favor  it  is  rendered.  No  court,  jury 
or  referee  has  any  authority  to  find  a  fact 
or  draw  therefrom  a  legal  conclusion  which 
is  outside  the  issue.  Marshall  v.  G.  F.  G.  & 
S.  M.  Co.,  16  Nev.  156. 

Presumption  in  favor  of  judgment.  An 
appellate  court  will  presume  that  the  judg- 
ment of  the  lower  court  was  sustained  by 
the  evidence  in  the  absence  of  a.  showing  to 
the  contrary.  Carpenter  v.  Johnson,  1  Nev. 
332;  Nesbitt  v.  Chisholm,  16  Nev.  39. 

Judgment — Presumption  of  findings.  In 
an  action  to  reform  a  deed  for  mutual  mis- 
take, the  existence  of  which  is  denied  by 
defendant,  it  was  the  duty  of  the  lower 
court  to  determine  which  contention  was 
correct;  and,  by  giving  judgment  in  favor 
of  plaintiff,  the  presumption  is  that  the  issue 
was  implicitly  found  in  his  favor.  Wilson 
v  Wilson,  23  Nev.  267  (45  P.  1009). 

Mistake  in  judgment  should  be  corrected 
by  motion  of  lower  court.  Howard  v.  Eich- 
ards,  2  Nev.  128. 


Sec.  5239 


CIVIL  PRACTICE 


1528 


Error  in  calculation — Modification  of  judg- 
ment. Feusier  v.  Va.  City,  3  Nev.  58. 

Amendment  of  judgment  of  supreme  court. 
A  judgment  rendered  at  a  previous  term  of 
the  supreme  court  can  only  be  amended  upon 
something  appearing  in  the  original  record. 
Peacock  v.  Leonard,  8  Nev.  247. 

Action  on  judgment,  etc.  Rogers  v. 
Hatch,  8  Nev.  35. 

Sherman  v.  Dilley,  3  Nev.  21,  criticized. 
The  opinion  expressed  in  Sherman  v.  Dilley, 
3  Nev.  21,  that  a  judgment  cannot  be 
pleaded  in  bar  or  operate  by  way  of  estoppel 
while  the  case  is  pending  on  appeal,  is 
rather  dictum  than  decision.  Idem. 

A  judgment  is  final  that  disposes  of  the 
issues  presented  in  the  case,  determines  the 
costs,  and  leaves  nothing  for  the  future 
determination  of  the  court.  Perkins  v.  Sierra 
Nev.  S.  M.  Co.,  10  Nev.  411. 

The  question  whether  a  judgment  is  final 
must  be  determined  with  reference  to  the 
facts  presented  by  the  record.  Idem. 

The  sufficiency  of  thje  writing  claimed  to 
be  a  judgment  should  always  be  tested  by  its 
substance  rather  than  its  form.  Humboldt 
M.  &  M.  Co.  v.  Terry,  11  Nev.  237,  243; 
Terry  v.  Berry,  13  Nev.  514. 

The  entry  of  the  judgment,  as  made  by 
the  clerk,  is  a  final  determination  of  the 
rights  of  the  parties.  Idem. 

The  court  granted  a  decree  of  divorce  with 
alimony  in  favor  of  plaintiff,,  and  decreed 
the  property  in  controversy  to  be  the  sepa- 
rate property  of  defendant.  An  appeal  was 
taken  by  plaintiff  from  the  portion  of  the 
decree  "respecting  the  property  rights  of 
the  respective  parties."  It  was  held  that 
the  appeal  was  properly  taken  from  a  part 
of  the  judgment.  Lake  v.  Lake,  17  Nev. 
230,  235  (30  P.  878). 

When  there  is  nothing  before  the  court 
but  the  pleadings  and  papers  constituting 
the  judgment  roll,  and  no  error  is  disclosed 
therein,  the  judgment  will  be  affirmed.  Rein- 
hart  v.  Company  D,  23  Nev.  369  (47  P.  979). 

An  appellant  may  appeal  from  a  judg- 
ment and,  at  the  same  time,  prosecute  a 
motion  to  vacate  and  set  it  aside,  they  being 
separate  and  independent  remedies/Brooks 
v.  Nickel  Syndicate,  24  Nev.  311  (53  P.  597). 

An  appeal  from  a  judgment  does  not 
operate  to  vacate  or  suspend  it.  Idem. 

5239.  Judgment,  how  given,  for  or  against  whom. 

SEC.  297.  Judgment  may  be  given  for  or  against  one  or  more  of  several 
plaintiffs  and  for  or  against  one  or  more  of  several  defendants;  and  it 
may,  when  the  justice  of  the  case  requires  it,  determine  the  ultimate  rights 
of  the  parties  on  each  side,  as  between  themselves. 

Kerr,C.  C.P.,578. 

The  rule  that  a  joint  judgment  has  to  be 
reversed  in  toto,  if  not  good  as  an  entirety, 
does  not  apply  under  our  statutes  and  sys- 
tem of  practice.  Wood  v.  Olney,  7  Nev.  110, 
115. 

5240.  Judgment,  joint  or  several,  when  given. 

SEC.  298.    In  an  action  against  several  defendants,  the  court  may,  in  its 


A  judgment  is  binding  upon  the  parties 
to  a  suit,  and  all  persons  whom  they  rep- 
resent and  claim  under  them,  or  as  privy  to 
them.  Ahlers  v.  Thomas,  24  Nev.  407  (77 
A.  S.  820,  56  P.  93). 

Attorney  —  Unauthorized  action  of,  is 
ground  for  relief  from  judgment.  Stanton- 
Thompson  Co.  v.  Crane,  24  Nev.  171  (51  P. 
116). 

Right  of  action  upon.  Common-law  rule 
prevails.  Mandelbaum  v.  Gregovich,  24  Nev. 
154  (50  P.  849). 

Good  cause  for  bringing  action  on.     Idem. 

Trust  deed  —  Mortgage  —  Second  lien  — 
Foreclosure — Erroneous  judgment.  Gulling 
v.  Washoe  Co.  Bank,  24  Nev.  477  (56  P.  580). 

Certiorari — Scope  of  injury — Bar  of  pro- 
ceedings. Wilson  v.  MorseJ  25  Nev.  375 
(60  P.  832). 

Judgment  of  sister  state  is  a  bar  to  action 
in  this  state  between  the  same  parties  and 
upon  the  same  cause  of  action.  Idem. 

Collusiveness  —  Persons  included  and 
affected — Codefendants.  Gulling  v.  Washoe 
Co.  Bank,  29  Nev.  257  (89  P.  25). 

Where  pleadings  on  their  face  and  the 
judgment  roll  do  not  show  the  issue  tried 
and  determined  between  parties,  it  may  be 
shown  by  extrinsic  evidence.  Idem. 

Conclusiveness  —  Nature  and.  requisites. 
Idem. 

Evidence  of  judgment — Issues.     Idem. 

Order  for  judgment — Exception — Time  of 
taking.  Berry  v.  Equitable  G.  M.  Co.,  29 
Nev.  451  (91  P.  537). 

Entry  by  clerk  without  authority  void. 
Idem. 

General  and  special  verdict,  latter  con- 
trols. Idem. 

Decree  on  special  verdict.     Idem. 

Justices  of  the  peace — Process — Publica- 
tion —  Entry  of  judgment.  Forsvth  v. 
Chambers,  30  Nev.  337  (96  P.  930). 

Indorsement  of  attorney's  name  on  sum- 
mons— Publication  of  summons — Idem. 

Execution — Void  judgment.     Idem. 

Vacating  default  judgment.  State  ex  rel. 
Kerr  v.  District  Court,  32  Nev.  189  (105  P. 
1022). 

Execution — Final  judgment  a  prerequisite. 
Kapp  v.  District  Court,  32  Nev.  264  (107  P. 
95). 


Cited,  Lake  v.  Lake,  17  Nev.  235  (30  P. 
878) ;  Eonnow  v.  Delmue,  23  Nev.  33  (41  P. 
1074). 


1529  CIVIL  PRACTICE  Sec.  5242 

discretion,  render  judgment  against  one  or  more  of  them,  leaving  the 
action  to  proceed  against  the  others  whenever  a  several  judgment  is  proper. 
Krrr.  ('.('.  P-.,579. 

<'itod.  Tinkuni  v.  O'Neale,  5  Nev.  98.  to  proceed  against  his  codefendant.     Evans 

a   defendant  is  severally  liable,  a       v.  Cook,  11  Nev.  69,  72,  75. 
judgment    against    him    may    be  Cited,  Ronnow  v.  Delmue,  23  Nev.  33  (41 

upon  his  default,  leaving  the  action       P.  li»7 


5241.  Relief  to  be  awarded  to  plaintiff. 

SEC.  299.  The  relief  granted  to  the  plaintiff,  if  there  be  no  answer,  shall 
not  exceed  that  which  he  shall  have  demanded  in  his  complaint  ;  but  in  any 
other  case  the  court  may  grant  him  any  relief  consistent  with  the  case 
made  by  the  complaint  and  embraced  within  the  issue.  In  any  action 
involving  the  title  to  real  property  situate  in  this  state  or  the  specific  per- 
formance of  a  contract  to  convey  such  real  property,  in  which  action  the 
court  shall  determine  that  a  party  thereto  holds  title  to,  or  an  interest  in, 
such  real  property  which  equitably  belongs  to  and  should  be  vested  in  or 
conveyed  to  another  party  to  such  action,  the  court  shall  have  power  by 
virtue  of  its  judgment  or  decree  alone  to  transfer  such  title  or  interest 
accordingly  and  vest  it  in  the  party  so  found  to  be  entitled  thereto  ;  or  the 
court  may,  in  its  discretion,  direct  the  party  so  found  to  be  wrongfully  hold- 
ing such  title  or  interest  to  convey  the  same,  within  a  specified  time,  to  the 
party  so  found  to  be  entitled  thereto,  and  may  further  direct  that,  in 
default  of  such  conveyance  by  said  party,  the  clerk  or  other  officer  of  the 
court  who  may  be  designated  for  that  purpose  in  the  judgment  or  decree 
shall  make  such  conveyance.  In  all  such  cases,  whether  jurisdiction  of  the 
defendant  is  based  on  personal  or  constructive  service  of  summons  or 
whether  the  judgment  or  decree  was  heretofore  or  may  be  hereafter  given 
or  made,  such  judgment  or  decree  of  the  court,  or  the  conveyance  of  the 
clerk  or  other  officer  of  the  court  so  designated,  as  the  case  may  be,  is  and 
shall  be  sufficient  to  transfer  said  title  or  interest  to  and  vest  the  same  in 
the  party  so  found  to  be  entitled  thereto  as  fully  and  effectually  as  might 
be  done  by  proper  conveyance  of  the  party  so  found  to  be  wrongfully  hold- 
ing such  title  or  interest. 

Ken-,  C.  C.  I'.,.->so. 

\Vhrii  judgment  by  default  is  taken,  the  made  and  was  embraced  within  the  issue. 
plaintiff  is  confined  to  a  recovery  of  the  Idem. 

particular    amount    or    thing    demanded    in  Cited,  Orr  W.  Co.  v.  Reno  W.  Co.,  19  Nev. 

tin-  prayer  of  the  complaint.  Burling  v.  65  (6  P.  72);  Thompson  v.  Crockett,  19  Nev. 
Goodman,  1  Nev.  314,  317.  245  (3  A.  8.  883,  9  P.  121). 

Whore  the  answer  to  a  complaint  is  treated  A  complaint  praying  for  divorce,  and  that 

ii|  )<  in  the  trial  as  the  answer  to  the  petition  defendant  be  awarded  custody  of  the  chil- 
t'or  intervention,  the  case  will  be  considered  dren,  does  not  authorize  award  of  custody  of 
the  same  as  if  an  answer  to  the  petition  the  children  to  plaintiff  and  payments  to 
had  been  filed.  Marshall  v.  Golden  Fleece  her  by  defendant  for  support  of  plaintiff 
M.  Co.,  16  Nev.  156,  173.  and  the  children.  Mitchell  v.  Mitchell,  28 

In   such    a    case   defendants   cannot    com-       Nev.  110,  123  (79  P.  50). 

plain   because   the   relief   granted    exceeded  Cited,  in  dissenting  opinion  of  Talbot,  J., 

the  demand  in  the  petition,  if  that  which  Gulling  v.  Washoe  Co.  Bank,  29  Nev.  278 
was  granted  was  consistent  with  the  case  (89  P.  25). 

5242.  Actions  against  sheriff  for  official  acts—  Notice  to  sureties. 

SEC.  300.  If  an  action  be  brought  against  a  sheriff  for  an  act  done  by 
virtue  of  his  office,  and  he  give  written  notice  thereof  to  the  sureties  on  any 
bond  of  indemnity  received  by  him,  the  judgment  recovered  therein  shall  be 
conclusive  evidence  of  his  right  to  recover  against  such  sureties,  and  the 
court  or  judge  in  vacation,  may,  on  motion,  upon  notice  of  five  days,  order 
judgment  to  be  entered  up  against  them  for  the  amount  so  recovered, 
including  costs. 

Kerr,  C.  C.  P.JO.V,. 


See.  5243  CIVIL  PRACTICE  1530 

Cited,  Gaudette  v.  Glissan,  11  Nev.  184.  ing  the   sureties  as  defendants  in  place  of 

The  provisions  of  this  section  can  only  be  the  sheriff  was  utterly  null  and  void.  Gau- 
invoked  by  the  sheriff.  An  order  substitut-  dette  v.  Boeder,  13  Nev.  341,  348. 

CHAPTER  35 

PARTIES  NOT  ORIGINALLY  SUMMONED 

5243.  Parties    not    summoned    in    action    on       5246.  Answer,   when    filed — What   may   con- 

joint   contract    may    be    summoned  tain. 

after  judgment.  5247.  What  constitute  the  pleadings  in  the 

5244.  Idem — Summons,  what  to  contain  and  case. 

how  served.  5248.  Issues,  how  tried — Verdict. 

5245.  Affidavit  to  accompany  summons. 

5243.  Parties  not  summoned  in  action  on  joint  contract  may  be  sum- 

moned after  judgment. 

SEC.  301.  When  a  judgment  is  recovered  against  one  or  more  of  several 
persons  jointly  indebted  upon  an  obligation,  by  proceedings  as  provided  in 
section  89,  those  who  were  not  originally  served  with  the  summons,  and  did 
not  appear  to  the  action,  may  be  summoned  to  show  cause  why  they  should 
not  be  bound  by  the  judgment  in  the  same  manner  as  though  they  had  been 
originally  served  with  the  summons. 

Kerr,  C.  C.  P.,  989. 

Where  there  is  a  joint  judgment  in  eject-       as  to  all.    Bullion  M.  Co.  v.  Croesus  G.  &  S. 
ment  against  several,  a  reversal  as  to  one       M.  Co.,  3  Nev.  336. 
of    the    defendants    necessarily    reverses    it 

5244.  Idem— Summons,  what  to  contain  and  how  served. 

SEC.  302.  The  summons,  as  provided  in  the  last  section,  shall  describe 
the  judgment,  and  require  the  person  summoned  to  show  cause  why  he 
should  not  be  bound  by  it,  and  shall  be  served  in  the  same  manner,  and 
returnable  within  the  same  time,  as  the  original  summons.  It  shall  not  be 
necessary  to  file  a  new  complaint. 

Kerr,  C.C.P.,990. 

5245.  Affidavit  to  accompany  summons. 

SEC.  303.  The  summons  shall  be  accompanied  by  an  affidavit  of  the  plain- 
tiff, his  agent,  representative  or  attorney,  .that  the  judgment,  or  some  part 
thereof,  remains  unsatisfied,  and  shall  specify  the  amount  due  thereon. 

Kerr,  C.  C.P.,991. 

5246.  Answer,  when  filed— What  may  contain. 

SEC.  304.  Upon  such  summons,  the  defendant  may  answer  within  the 
time  specified  therein,  denying  the  judgment  or  setting  up  any  defense 
which  may  have  arisen  subsequently,  or  he  may  deny  his  liability  on  the 
obligation  upon  which  the  judgment  was  recovered,  except  a  discharge  from 
such  liability  by  the  statute  of  limitations. 

Kerr,  C.C.P.,992. 

5247.  What  constitute  the  pleadings  in  the  case. 

SEC.  305.  If  the  defendant,  in  his  answer,  deny  the  judgment,  or  set  up 
any  defense  which  may  have  arisen  subsequently,  the  summons,  with  the 
affidavit  annexed,  and  the  answer,  shall  constitute  the  written  allegations 
in  the  case.  If  he  deny  his  liability  on  the  obligation  upon  which  the  judg- 
ment was  recovered,  a  copy  of  the  original  complaint  and  judgment,  the 
summons,  with  the  affidavit  annexed,  and  the  answer,  shall  constitute  such 
written  allegations. 

Kerr,  C.  C.P.,993. 

5248.  Issues,  how  tried— Verdict. 

SEC.  306.    The  issues  formed  may  be  tried  as  in  other  cases,  but  when 


1531  CIVIL  PRACTICE  Sec.  5252 

the  defendant  denies,  in  his  answer,  any  liability  on  the  obligation  upon 
which  the  judgment  was  rendered,  if  a  verdict  be  found  against  him,  it  shall 
be  for  the  amount  remaining  unsatisfied  on  such  original  judgment,  with 
interest  thereon. 

Kerr,  C.  C.  P.,  W4. 

CHAPTER  36 
JUDGMENT  BY  CONFESSION 

5249.  Judgment  by  confession  for  debt  due  or  contingent  liability. 
SEC.  307.    A  judgment  by  confession  may  be  entered  without  action, 

either  for  money  due  or  to  become  due  or  to  secure  any  person  against 
contingent  liability  on  behalf  of  the  defendant,  or  both,  in  the  manner  pre- 
scribed by  this  chapter. 
Kerr,C.C.  I'..  L132. 

5250.  Idem— Statement  in  writing,  form  of. 

SEC.  308.  A  statement  in  writing  shall  be  made,  signed  by  the  defendant, 
and  verified  by  his  oath,  to  the  following  effect : 

1.  It  shall  authorize  the  entry  of  judgment  for  a  specified  sum. 

2.  If  it  be  money  due,  or  to  become  due,  it  shall  state  concisely  the  facts 
out  of  which  it  arose,  and  shall  show  that  the  sum  confessed  therefor  is 
justly  due,  or  to  become  due. 

3.  If  it  be  for  the  purpose  of  securing  the  plaintiff  against  a  contingent 
liability,  it  shall  state  concisely  the  facts  constituting  the  liability,  and  shall 
show  that  the  sum  confessed  therefor  does  not  exceed  the  same. 

K«-rr,  C.  C.  P.,  11HH. 

Where  a  statement  and  affidavit  of  con-  the    parties    to    the    confession    and    clearly 

t'rvMnii    authorizing   the   entry   of  judgment  slmws    in    intelligible    language,    the    relief 

w:is  filed  with  the  clerk,  who  copied  these  granted.     Idem. 

papers    in    the    judgment    book    and    added  In   proceedings   under   this   section   there 

".I  in  lament    entered,"    with    date    and    his  is  no  suit,  no  recovery  or  adjudication.     It 

name   as   clerk,   and   endorsed   the   same   on  expressly  authorizes  the  clerk  to  enter  the 

}>:i.  k    of    statement,    it   was    held   that    this  judgment.      He    is    not    invested    with    any 

'•Instituted    a    valid    judgment  (Beatty,    J.,  judicial  functions.     It  is  his  duty  to  enter  a 

dissenting).       Ilumboldt    M.    &    M.    Co.    v.  judgment,  and  he  can  only  enter  such  judg- 

Terry,  11  Nev.  237,  241-247.  ment      as     the     parties     themselves     have 

The      statement      and      endorsement      as  expressly    authorized    by    their    statement, 

entered  in  the  judgment  book  was  evidently  Idem. 
int'-nded  as  a  determination  of  the  rights  of 

'}'!-)  1.    Filing  statement,  entering  judgment. 

SEC.  309.  The  statement  shall  be  filed  with  the  clerk  of  the  court  in 
which  the  judgment  is  to  be  entered,  who  shall  indorse  upon  it,  and  enter 
in  the  judgment  book  a  judgment  of  such  court  for  the  amount  confessed, 
with  ten  dollars  costs.  The  judgment  and  affidavit,  with  the  judgment 
indorsed,  shall  thereupon  become  the  judgment  roll. 

Kerr,  C.  C.  P.,  11-34. 

The  authority  to  enter  the  judgment  is  exhibits  the  parties,  the  subject-matter,  and 

derived  from  the  statute  and  the  statement.  the  result,  and  substantially  complies  with 

The  statement  with  the  endorsement  and  the  provisions  of  the  statute.  Humboldt 

entry  of  the  clerk,  with  sufficient  certainty,  M.  &  M.  Co.  v.  Terry,  11  Nev.  238,  241-247. 

CHAPTER  37 
SUBMITTING  CONTROVERSY  WITHOUT  ACTION 

5252.    Controversy,  how  submitted  without  action. 

SEC.  310.  Parties  to  a  question  in  difference,  which  might  be  the  subject 
of  a  civil  action,  may,  without  action,  agree  upon  a  case  containing  the  facts 
upon  which  the  controversy  depends,  and  present  a  submission  of  the  same 
to  any  court  which  should  have  jurisdiction  if  an  action  had  been  brought. 


Sec.  5253  CIVIL  PRACTICE  1532 

But  it  must  appear,  by  affidavit,  that  the  controversy  is  real,  and  the  pro- 
ceedings in  good  faith,  to  determine  the  rights  of  the  parties.  The  court 
shall  thereupon  hear  and  determine  the  case  and  render  judgment  thereon, 
as  if  an  action  were  pending. 

Kerr,  C.  C.  P.,  1138. 

Cited,  State  v.  Tilford,  1  Nev.  243;  Philips  v.  Eureka  Co.,  19  Nev.  348  (11  P.  32);  Sadler  v 
Tatti,  17  Nev.  429  (30  P.  1082). 

5258.    Idem— Judgment  on  without  costs— What  constitutes  judgment 

roll. 

SEC.  311.  Judgment  shall  be  entered  in  the  judgment  book  as  in  other 
cases,  but  without  costs  for  any  proceeding  prior  to  the  trial.  The  case,  the 
submission,  and  a  copy  of  the  judgment,  shall  constitute  the  judgment  roll. 

Kerr,  C/C.  P.'.  1139. 

Cited,  State  v.  Tilford,  1  Nev.  243. 

5254.  Judgment,  how  enforced— Appeal  from. 

SEC.  312.  The  judgment  may  be  enforced  in  the  same  manner  as  if  it 
had  been  rendered  in  an  action,  and  shall  be  in  the  same  manner  subject 
to  appeal. 

Kerr,  C.  C.  P.,  1140. 

Cited,  State  v.  Tilford,  1  Nev.  243. 

CHAPTER  38 

ARBITRATION 

5255.  What  may  be  submitted  to  arbitration.  5261.  Award  may  be  vacated,  when. 

5256.  Idem — How  made.  5262.  Court   may   modify   or   correct   award. 

5257.  Submission  to  arbitration,  how  entered.  when. 

5258.  Powers  of  arbitrators.  5263.  Decision  on  motion,  subject  to  appeal, 

5259.  Majority  of  arbitrators  may  determine  but    not    judgment    entered    before 

— Must  be  shown.  motion. 

5260.  Award    to    be    in    writing — Judgment,       ;1264.  Submission  revoked,  what  to  be  recov- 

when  to  be  entered.  ered. 

5255.  What  may  be  submitted  to  arbitration. 

SEC.  313.  Persons  capable  of  contracting  may  submit  to  arbitration  any 
controversy  which  might  be  the  subject  of  a  civil  action  between  them, 
except  a  question  of  title  to  real  property  in  fee  or  for  life.  This  qualifica- 
tion shall  not  include  questions  relating  merely  to  the  partition  or  bound- 
aries of  real  property. 

Kerr,  C.  C.  P.,  1281. 

Our  statutory  proceedings  in  cases  of  the  complaint  and  answer  in  ordinary 

arbitration  are  in  derogation  of  the  com-  actions,  and  like  them  must  be  filed  before 

mon  law,  and  must  be  strictly  pursued.  a  hearing,  trial,  or  judgment. 

Whenever  a  statute  prescribes  certain  At  common  law  scarcely  any  matter 

specific  acts  to  be  done  as  prerequisite  to  short  of  a  want  of  power  or  jurisdiction 

acquiring  of  jurisdiction,  or  the  enforcement  appearing  upon  the  face  of  an  award  is  sub- 

of  a  legal  remedy,  such  acts  must  be  sub-  ject  to  a  question  or  inquiry,  and  every 

stantially  performed  in  the  manner  pre-  reasonable  intendment  should  be  made  to 

scribed,  in  order  to  give  validity  to  the  uphold  it.  But  in  statutory  awards  no  such 

proceeding.  liberal  interpretation  can  be  invoked  to  its 

The  filing  of  the  submission  and  the  aid.  Its  validity  must  be  determined  by 

entry  of  the  same  in  the  clerk's  register,  in  the  provisions  of  the  statute  providing  it. 

cases  of  arbitration,  answer  the  purposes  of  Steel  v.  Steel,  1  Nev.  27,  30-32. 

5256.  Idem— How  made. 

SEC.  314.  The  submission  to  arbitration  shall  be  in  writing,  and  may  be 
to  one  or  more  persons. 

Kerr,  C.  C.  P.,  1282. 

5257.  Submission  to  arbitration,  how  entered. 

SEC.  315.  It  may  be  stipulated  in  the  submission  that  it  be  entered  as  an 
order  of  the  court,  for  which  purpose  it  shall  be  filed  with  the  clerk  of  the 


1533  CIVIL  PRACTICE  See.  5261 

iourt,  where  the  parties,  or  one  of  them,  reside.  The  clerk  shall  thereupon 
enter  in  his  register  of  actions,  a  note  of  the  submission,  with  the  names 
of  the  parties,  the  names  of  the  arbitrators,  the  date  of  the  submission, 
when  filed,  and  the  time  limited  by  the  submission,  if  any,  within  which 
the  award  shall  be  made.  When  so  entered  the  submission  shall  not  be 
revoked  without  the  consent  of  both  parties.  The  arbitrators  may  be 
compelled  by  the  court  to  make  an  award,  and  the  award  may  be  enforced 
by  the  court  in  the  same  manner  as  a  judgment.  If  the  submission  be  not 
made  an  order  of  the  court,  it  may  be  revoked  at  any  time  before  the  award 
is  made. 


Kerr,  C.  C.  P., 

See  Steel  v.  Steel,  1  Nev.  .".I?,  under  sec.  IH-S  of  this  act. 

5258.     Powers  of  arbitrators. 

SEC.  316.  Arbitrators  shall  have  power  to  appoint  a  time  and  place  for 
hearing,  to  adjourn  from  time  to  time,  to  administer  oaths  to  witnesses,  to 
hear  the  allegations  and  evidence  of  the  parties,  and  to  make  an  award 
thereon. 

Kerr,  C.  C.  P.,  ll'H4. 

5251).     Majority  of  arbitrators  may  determine—  Musi  he  sworn. 

SEC.  317.  All  the  arbitrators  shall  meet  and  act  together  during  the 
investigation,  but,  when  met,  a  majority  may  determine  any  question. 
Before  acting,  they  shall  be  sworn  before  an  officer  authorized  to  administer 
oaths,  faithfully  and  fairly  to  hear  and  examine  the  allegations  and  evi- 
dence of  the  parties  in  relation  to  the  matters  in  controversy,  and  to  make 
a  just  award  according  to  their  understanding. 

Kerr.  C.  C.  P.,  ll> 

See  sec.  5488. 

5200.    Award  to  he  in  writing  —  Imminent,  when  to  be  entered. 

SEC.  318.  The  award  shall  be  in  writing,  signed  by  the  arbitrators,  or  a 
majority  of  them,  and  delivered  to  the  parties.  When  the  submission  is 
made  an  order  of  the  court,  the  award  shall  be  filed  with  the  clerk  and  a 
note  thereof  made  in  his  register.  After  the  expiration  of  five  days  from 
the  filing  of  the  award,  upon  the  application  of  a  party,  and  on  filing  an 
affidavit  showing  that  notice  of  filing  the  award  has  been  served  on  the 
adverse  party  or  his  attorney  at  least  four  days  prior  to  such  application, 
and  that  no  order  staying  the  entry  of  judgment  has  been  served,  the  award 
shall  be  entered  by  the  clerk  in  the  judgment  book  and  shall  thereupon 
have  the  effect  of  a  judgment. 

Kerr,  C.C.P.,1286. 

5261.    Award  may  he  vacated,  when. 

SEC.  319.  The  court,  on  motion,  may  vacate  the  award  upon  either  of 
the  following  grounds,  and  may  order  a  new  hearing,  before  the  same 
arbitrators,  or  not,  in  its  discretion  : 

1.  That  it  was  procured  by  corruption  or  fraud. 

2.  That  the  arbitrators  were  guilty  of  misconduct  or  committed  gross 
error  in  refusing,  on  cause  shown,  to  postpone  the  hearing  or  in  refusing  to 
hear  pertinent  evidence,  or  otherwise  acted  improperly,  in  a  manner  by 
which  the  rights  of  the  party  were  prejudiced. 

3.  That  the  arbitrators  exceeded  their  powers  in  making  their  award; 
or  that  they  refused  or  improperly  omitted  to  consider  a  part  of  the  mat- 
ters submitted  to  them  ;  or,  that  the  award  is  indefinite,  or  cannot  be  per- 
formed. 

Kerr,  C.  C.  P.,  1287. 
97 


Sec.  5262  CIVIL  PRACTICE  1534 

5262.  Court  may  modify  or  correct  award,  when. 

SEC.  320.  The  court  may,  on  motion,  modify  or  correct  the  award  where 
it  appears : 

1.  That  there  was  a  miscalculation  in  figures  upon  which  it  was  made, 
or  that  there  is  a  mistake  in  the  description  of  some  person  or  property 
therein. 

2.  When  a  part  of  the  award  is  upon  matters  not  submitted,  which  part 
can  be  separated  from  other  parts,  and  does  not  affect  the  decision  on  the 
matter  submitted. 

3.  When  the  award,  though  imperfect  in  form,  could  have  been  amended 
if  it  had  been  a  verdict,  or  the  imperfection  disregarded. 

Kerr,  C.C.  P.,  1288. 

See  Steel  v.  Steel,  1  Nev.  30,  under  sec.  313  of  this  act. 

5263.  Decision  on  motion  subject  to  appeal,  but  not  judgment  entered 

before  motion. 

SEC.  321.  The  decision  upon  the  motion  shall  be  subject  to  appeal  in 
the  same  manner  as  an  order  which  is  subject  to  appeal  in  a  civil  action; 
but  the  judgment  entered  before  a  motion  is  made  shall  not  be  subject  to 
appeal. 

Kerr,  C.  C.  P.,  1289. 

See  Steel  v.  Steel,  1  Nev.  30,  under  sec.  313  of  this  act. 

5264.  Submission  revoked,  what  to  be  recovered. 

SEC.  322.  If  a  submission  to  arbitration  be  revoked,  and  action  be 
brought  therefor,  the  amount  to  be  recovered  shall  only  be  the  costs  and 
damages  sustained  in  preparing  for  and  attending  the  arbitration. 

Kerr,  C.  C.  P.,  1290. 

CHAPTER  39 

OFFER  OF  COMPROMISE 

5265.  Proceedings  on  offer  of  defendant  to  compromise  after  suit  brought. 
SEC.  323.     The  defendant  may  at  any  time  before  trial  or  judgment, 

serve  upon  the  plaintiff  an  offer  to  allow  judgment  to  be  taken  against  him 
for  the  sum,  or  property,  or  to  the  effect  therein  specified.  If  the  plain- 
tiff accept  the  offer,  and  give  notice  thereof  within  five  days,  he  may  file 
the  summons,  complaint  and  offer,  with  an  affidavit  of  notice  of  acceptance, 
and  the  clerk  shall  thereupon  enter  judgment  accordingly.  If  the  notice 
of  acceptance  be  not  given,  the  offer  shall  be  deemed  withdrawn,  and  shall 
not  be  given  in  evidence ;  and  if  the  plaintiff  fail  to  obtain  a  more  favorable 
judgment  he  shall  not  recover  costs,  but  shall  pay  the  defendant's  costs 
from  the  time  of  the  offer. 

Kerr,  C.C.P.,997. 

CHAPTER  40 

MANNER  OF  GIVING  AND  ENTERING  JUDGMENT 

5266.  Judgment  to  be  entered,  when.  5273.  Judgment  roll,  what  to  constitute. 

5267.  Either    party   may   bring   case   before       5274.  Judgment  lien,  how  long  same  runs. 

court  for  argument.  5275.  Docket,   how  kept,   and   what   to   con- 

5268.  When  counterclaim  exceeds  plaintiff's  tain. 

demand.  5276.  Docket  to  be  open  for  inspection  with- 

5269.  Replevin,  judgment  to  be  in  alterna-  out  charge. 

tive  and  with  damages.  5277.  Transcript  to  be  filed  in  any  county, 

5270.  Judgment  book  to  be  kept  by  clerk.  judgment  to  become  lien  there. 

5271.  Judgments,  how  computed — Interest.  5278.  Interest  and  costs  must  be  included  by 

5272.  If  party  die  after  verdict,  judgment,  clerk  in  judgment. 

effect  of. 

5266.    Judgment  to  be  entered,  when. 
SEC.  324.    When  trial  by  jury  has  been  had,  judgment  shall  be  entered 


1535  CIVIL  PRACTICE  Sec.  5269 

by  the  clerk  in  conformity  to  the  verdict,  within  twenty-four  hours  after 
the  rendition  of  the  verdict,  unless  the  court  order  the  case  to  be  reserved 
for  argument  or  further  consideration,  or  grant  a  stay  of  proceedings. 

K.-rr,  C.  C.  P.,  664. 

Whoii    there   was   a   verdict   for   plaintiff.  section;    the  judgment  is  the  judicial  act  of 

ami    defendant    moved    for    judgment    non  the  court;    the  entry  is  the  ministerial  act 

olistante   veredicto  and   obtained  it:     Held,  of  the  clerk.     Cal.  State  Tel.  Co.  v.  Patter  - 

tliat     such    a     motion,    if    allowable    at    all  son,  1  Nev.   150. 

under   the  practice  act,  was  only  a  motion  The    decision    of   the    court    is   the   judg- 

for    plaintiff,    and    that    the  •  action    of    the  inent,  the  entry  by  the  clerk  is  the  evidence 

court     was    erroneous.     Brown    v.    Lillie,    6  of  it  merely.     Idem. 

Nev.  177,  180.  The  right  of  appeal  does  not  depend  upon 

<'ite<l.  Howard  v.  Richards,  2  Nev.  ]:!l.  the  entry  or  perfection  of  the  judgment  of 

A   judgment    is  as  final  when  pronounced  the  lower  court,  but  upon  its  rendition      Idem. 

l»y    the    court    as    when    it    is    entered    and  See  Central  Trust  Co.  v.  Holmes,  30  Nev. 

recorded    by   the   clerk   as  required  by  this  i:'-7  .  <>7  P.  390). 

iV2i»7.     Hither  party  may  bring1  ease  before  court  for  argument. 

SEC.  325.  When  the  case  is  reserved  for  argument  or  further  considera- 
tion, as  mentioned  in  the  last  section,  it  may  be  brought  by  either  party 
before  the  court  for  argument. 

K.-lT.  C.  C.  P.  JMi."). 

5*208.    When  counterclaim  exceeds  plaintiff's  demand. 

SEC.  326.  If  a  counterclaim,  established  at  the  trial,  exceed  the  plain- 
tiff's demand,  so  established,  judgment  for  the  defendant  shall  be  given 
for  the  excess;  or,  if  it  appear  that  the  defendant  is  entitled  to  any  other 
affirmative  relief,  judgment  shall  be  given  accordingly. 

Krrr.  C.  C.  P. .»><••«;. 

•52r>9.    Replevin, judgment  to  be  in  alternative  and  with  damages. 

SEC.  327.  In  an  action  to  recover  the  possession  of  personal  property, 
judgment  for  the  plaintiff  may  be  for  the  possession,  or  the  value  thereof, 
in  case  a  delivery  cannot  be  had,  and  damages  for  the  detention  or  the 
value  of  the  use  thereof.  If  the  property  has  been  delivered  to  the  plain- 
tiff, and  the  defendant  claim  a  return  thereof,  judgment  for  the  defendant 
may  be  for  a  return  of  the  property,  or  the  value  thereof,  in  case  a  return 
cannot  be  had,  and  damages  for  taking  and  withholding  the  same,  or  the 
value  of  the  use  thereof.  In  an  action  on  a  contract  or  obligation  for  the 
direct  payment  of  money,  payable  in  a  specified  or  agreed  kind  of  money 
or  currency,  judgment  for  the  plaintiff,  whether  the  same  be  by  default 
or  after  verdict,  or  decision  of  the  court  or  referee,  may  follow  the  contract 
or  obligation,  and  be  made  payable  in  the  kind  of  money  or  currency  therein 
specified  or  thereby  agreed.  And  in  an  action  against  any  person  for  the 
recovery  of  money  received  by  such  person  in  a  fiduciary  capacity,  or  to 
the  use  of  another,  judgment  for  the  plaintiff,  whether  the  same  be  by 
default  or  after  verdict,  or  decision  of  the  court  or  referee,  may  be  made 
payable  in  the  same  kind  of  money  or  currency  so  received  by  such  person ; 
and  in  all  cases  of  damage  the  judgment  shall  be  for  gold  coin. 

Kerr,  C.  C.  P.,  067. 

Iii    an   action   of   replevin,   the  judgment  In    a    replevin    case,   where   the   property 

n:u-r  be  for  the  return  of  the  property,  and  has  not  been  delivered  to  plaintiff,  a  verdict 

an  alternative  judgment  for  its  value  if  not  and  judgment  in  his  favor  are  required  to 

returned.      An    absolute    judgment    for  '  its  be    in    the    alternative    and    so    also    is    the 

value,  not  allowing  defendant  to  satisfy  the  execution.      Carson    v.    Applegarth,    6    Nev. 

judgment   by   return    of   the   property   with  187,    189;     Clarke   v.   Nev.   L.    &   M.    Co.,    6 

'  <  sta   and   damages,  is   erroneous.     Lambert  Nev.  203,  208. 

McFarland,   2   Nev.   58,  59;     Sierra   Nev.  A  judgment  for  gold  coin  in   a   trespass 

I\l .  <  'o.  v.  Sears,  10  Nev.  352.  suit     is    in    conformity    with    the    statute, 

The   proper   method   of   ascertaining   and  which      is      constitutional.       Treadway      v. 

'•omj.uthig    damages    in    replevin    discussed.  Sharon,  7  Nev.  38,  46,  47. 

UiK-kley  v.  Buckley,  12  Nev.  429,  431,  445.  The  amendments  to  the  act  of  1861,  314, 


Sec,  5270  CIVIL  PRACTICE  1536 

by    the    act    of    1865,    84,    were    commonly       v.  Bromberger,  1  Nev.  604,  607;  Burling  v. 
known    as   "the   specific   contract"    act,   and       Goodman,    1    Nev.    314,    315;    Hasting 
the  latter  act  was  construed  in  the  following       Burning  Moscow   Co.,   2   Nev.   93,   96;    Linn 
cases:  Milliken  v.  Sloat,  1  Nev.  573;  Mitchell       v.  Minor,  4  Nev.  462,  463;    Wells,  Fai-p.   & 

Co.  v.  Van  Sickle,  6  Nev.  45,  50. 

5270.  Judgment  book  to  be  kept  by  clerk. 

SEC.  328.  The  clerk  shall  keep  among  the  records  of  the  court  a  book 
for  the  entry  of  judgments,  to  be  called  the  "  Judgment  Book,"  in  which 
each  judgment  shall  be  entered,  and  shall  specify  clearly  the  relief  granted, 
or  other  determination  of  the  action. 

Kerr,  C.  C.P.,668. 

Where   a   judge   orders   a   judgment   in   a  ment  book  that  which  the  court  has  deter- 

cause,    and    that    order    is    entered    on    the  mined  and  ordered  to  be  entered,  this  is  a 

journal    or    minutes    of    the    court,    and    no  final   judgment   from   which   an   appeal   lies. 

further    facts     are    to     be    ascertained    to  Cal.  State  Tel.  Co.  v.  Patterson,  1  Nev.  150. 
determine  the  extent,  amount  and  character  Cited,  Humboldt  M.   &  M.   Co.  v.   Ti-ri  y. 

of  their  judgment,  but  there  simply  remains  11  Nev.  243,  246. 
the   clerical   duty   of   entering  in.  the  judg- 

5271.  Judgments,  how  computed— Interest. 

SEC.  329.  In  all  judgments  and  decrees,  rendered  by  any  court  of  justice, 
for  any  debt,  damages,  or  costs,  and  in  all  executions  issued  thereon,  the 
amount  shall  be  compute^,  as  near  as  may  be,  in  dollars  and  cents,  reject- 
ing smaller  fractions,  and  no  judgment,  or  other  proceedings,  shall  be  con- 
sidered erroneous  for  such  omission.  When  no  rate  of  interest  is  pro- 
vided by  contract  or  otherwise  by  law  or  specified  in  the  judgment,  the 
judgment  shall  draw  interest  at  the  rate  of  seven  per  centum  per  annum 
from  the  time  of  the  entry  of  the  judgment  until  satisfied. 

See  sees.  2497-2500,  interest. 

5272.  If  party  die  after  verdict,  judgment,  effect  of. 

SEC.  330.  If  a  party  die  after  a  verdict  or  decision  upon  any  issue  of 
fact,  and  before  judgment,  the  court  may  nevertheless  render  judgment 
thereon.  Such  judgment  shall  not  be  a  lien  on  the  real  property  of  the 
deceased  party,  but  shall  be  payable  in  the  course  of  administration  on 
his  estate. 

Kerr,  C.  C.  P.,  <;<>'.>. 

5273.  Judgment  roll,  what  to  constitute. 

SEC.  331.  Immediately  after  entering  the  judgment,  the  clerk  must 
attach  together  and  file  the  following  papers,  which  constitute  the  judg- 
ment roll : 

1.  In  case  the  complaint  is  not  answered  by  any  defendant,  the  sum- 
mons, with  the  affidavit  or  proof  of  service;  the  complaint  with  memo- 
randum indorsed  thereon  that  the  default  of  the  defendant  in  not  answer- 
ing was  entered,  and  a  copy  of  the  judgment;  and  in  case  where  the 
service  so  made  be  by  publication,  the  anldavTtffbr  publication  of  summons, 
and  the  order  directing  the  publication  of  summons  must  also  be  included. 

2.  In  all  other  cases,  the  pleadings,  a  copy  of  the  verdict  of  the  jury,. 
or  finding  of  the  court  or  referee,  all  bills  of  exceptions  taken  and  filed, 
and  a  copy  of  any  order  made  on  demurrer  or  relating  to  the  change  of 
parties,  and  a  copy  of  the  judgment;  if  there  are  two  or  more  defendants 
in  the  action,  and  any  one  of  fEenThas  allowed  judgment  to  pass  against 
him  by  default,  the  summons,  with  proof  of  its  service  on  such  defendant, 
must  also  be  added  to  the  other  papers  mentioned  in  this  subdivision ;  and 
if  the  service  of  such  defaulting  defendant  be  by  publication,  then  the 
affidavit  for  publication,  and  the  order  directing  the  publication  of  the 
summons  in  such  cases  must  also  be  included. 

Kerr,  C.  C.P.,670. 


1537  CIVIL  PRACTICE  Sec.  5276 

The   judgment   roll   is   the  first   and   best  Findings  of  fact  and  conclusions  of  law 

evidence   in   the   way   of   estoppel   or   other-  are  no  part  of  the  judgment  roll,  and  are  no 

wise.     Low  v.  ('.-.  P.  M.  Co.,  2  Nev.  79.  part  of  the  record  on  appeal  when  not  made 

A    cost  bill   is   no  part   of  the  judgment  so   by   a    statement    of  the   case   or   bill   of 

roll  and  when  there  is  no  statement  or  bill  exceptions.     Peers  v.  Eeed,  23  Nev.  404,  406 

the    appellate    court    cannot  (48   P.    897);     Schwartz    v.    Stock,   26   Nev. 

on   its  correctness.    Howard  v.  Richards,  ILVS,    U.'i  ((\~>  P.  351). 

i'   Nev.  136.  Cited,  Brandon   v.   West.  >J9  Nev.  135,  138 

cited.  Botsford  v.  Van  Riper,  32  Nev.  214  (85  P.  449). 

P.   441).  cited,    llumboldt  M.   &   M.   Co.   v.  Terry, 

Cited,    in    dissent  ing    opinion    of    Ilawley,  11    Nev.   L'48. 

c.  .[..  (^uillen  \.  Arnold,  12  Nev.  251.  The  special  orders  that  may  be  appealed 

The  summons,  with  the  affidavit  or  proof—  from   after  final  judgment,  are  those  made 

ice.  is  us  much  a   part  of  the  record  subsequent  to  its  rendition,  of  which  a  copy 

as   the    judgment.     Lonkey   v.   Keyes   S.  M.  must  be  made  a  part  of  the  judgment.  Lake 

<n..  -jl  Nev.  318  (17  L.  R/A.  351,  3]    P.  57).  v.  Lake.  17  Nov.  236  (30  P.  878). 

•V27I.    .hulirinent  lien,  how  lony  sjinie  runs. 

SEC.  332.  Immediately  after  filing  a  judgment  roll  the  clerk  shall  make 
the  proper  entries  of  the  judgment,  under  appropriate  heads,  in  the 
docket  kept  by  him,  and  from  the  time  the  judgment  is  docketed  it  shall 
become  a  lien  upon  all  the  real  property  of  the  judgment  debtor  not 
exempt  from  execution  in  the  county,  owned  by  him  at  the  time,  or  which 
he  may  afterwards  acquire,  until  the  said  lien  expires.  The  lien  shall  con- 
tinue for  three  years,  unless  the  judgment  be  previously  satisfied.  But  the 
time  during  which  the  execution  of  the  judgment  is  suspended  by  appeal 
or  action  of  the  court  or  defendant  shall  not  be  computed. 

Kerr,  C.  C.  P.,  Ii71. 

I 'ruler    this    section,    as    a     general     rule,  mortgaged   property   is   exhausted.      Weil   v. 

every    money   judgment    may   he   immediately  Howard,  4  Nev.  384,  392. 
docketed   and   become   a   lien;     but   such    is  If  a  plaintiff  in  a  foreclosure  suit  simply 

nor  the  effect  of  the  docketing  of  a  personal  takes  a  decree  in  equity  without  a  common- 

jud^ment    in    a    foreclosure    case,    for    the  law  judgment,  and  the  mortgaged  property 

lea-on     that    such    judgment    is    suspended  falls    short    of    paying   the    entire    debt,    he 

until  after  the  equitable  remedy  against  the  may  take  out  an  execution  for  the  balance. 

Idem. 

5275.    Docket,  how  kept  and  wlint  to  contain. 

SEC.  333.  The  docket  mentioned  in  the  last  section  is  a  book  which  the 
clerk  shall  keep  in  his  office,  with  each  page  divided  into  columns: 
Judgment  debtors ;  judgment  creditors;  judgment;  time  of  entry;  where 
entered  in  judgment  book;  appeals;  when  taken;  judgment  of  appellate 
court;  satisfaction  of  judgment;  when  entered.  If  judgment  be  for  the 
recovery  of  money  or  damages,  the  amount  shall  be  stated  in  the  docket 
under  the  head  of  judgment;  if  the  judgment  be  for  any  other  relief,  a 
memorandum  of  the  general  character  of  the  relief  granted  shall  be  stated. 
The  names  of  the  defendants  shall  be  entered  in  the  docket  in  alphabetical 
order.  , 

Kerr,  C.  C.  P.,  (572. 

<'ited,   Humboldt  M.   &  M.  Co.   v.   Terry,  over  again;     when  the  proper  time  arrives 

1  '    N"ev.  245.  at  which  they  should  be  made,  they  become 

When  the  proper  entries  for  the  docket-  operative  and  effectual.     Weil  v.  Howard,  4 

1   a  judgment  are  prematurely  made,  it  Nev.  384,  394. 

LB   unnecessary  for  the  clerk  to  make  them  A  mistake  in  the  heading  of  the  columns 

does  not  affect  the  lien.     Idem. 

•V27ti.    Docket  to  be  open  for  inspection  without  charge. 

SEC.  334.  The  docket  kept  by  the  court  shall  be  open  at  all  times  during 
office  hours  for  the  inspection  of  the  public,  without  charge;  and  it  shall 
be  the  duty  of  the  clerk  to  arrange  the  several  dockets  kept  by  him  in  such 
a  manner  as  to  facilitate  their  inspection. 

Kerr,  C.  C.  P.,  673. 

( 'ited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v.  Grimes,  29  Nev.  60. 


Sec.  5277  CIVIL  PRACTICE  1538 

5277.  Transcript  to  be  filed  in  any  county,  judgment  to  become  lien  there. 
SEC.  335.     A  transcript  of  the  original  docket  certified  by  the  clerk,  may 

be  filed  with  the  recorder  of  any  other  county,  and  from  the  time  of  the 
filing  the  judgment  shall  become  a  lien  upon  all  the  real  property  of  the 
judgment  debtor  not  exempt  from  execution  in  such  county,  owned  by  him 
at  the  time,  or  which  he  may  afterwards  acquire,  until  the  said  lien  expires. 
The  lien  shall  continue  for  three  years,  unless  the  judgment  be  previously 
satisfied.  But  the  time  during  which  the  execution  of  the  judgment  is 
suspended  by  appeal,  or  action  of  the  court  or  defendant,  shall  not  be 
computed. 

Kerr,  C.  C.P.,674. 

Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v.  Grimes,  29  Nev.  58. 

5278.  Interest  and  costs  must  be  included  by  clerk  in  judgment. 

SEC.  336.  The  clerk  must  include  in  the  judgment  entered  up  by  him, 
any  interest  on  the  verdict  or  decision  of  the  court,  from  the  time  it  was 
rendered  or  made,  and  the  costs,  if  the  same  have  been  taxed  or  ascertained  ; 
and  he  must,  within  two  days  after  the  same  are  taxed  or  ascertained,  if 
not  included  in  the  judgment,  insert  the  same  in  a  blank  left  in  the  judg- 
ment for  that  purpose,  and  must  make  a  similar  insertion  of  the  costs  in  the 
copies  and  docket  of  the  judgment. 

Kerr,  C.  C.  P.,  1035. 

Principal  only  draws  interest  after  judgment,  sec.  2o 


CHAPTER  41 

SATISFACTION  OF  JUDGMENT 

5279.  Satisfaction  of  judgment,  entry  of. 

SEC.  337.  Satisfaction  of  a  judgment  may  be  entered  in  the  clerk's 
docket  upon  an  execution  returned  satisfied,  or  upon  an  acknowledgment 
of  satisfaction  filed  with  the  clerk,  made  in  the  manner  of  an  acknowledg- 
ment of  a  conveyance  of  real  property,  by  the  judgment  creditor,  or  within 
one  year  after  the  judgment,  by  the  attorney,  unless  a  revocation  of  his 
authority  be  previously  filed.  Whenever  a  judgment  shall  be  satisfied  in 
fact,  otherwise  than  upon  execution,  it  shall  be  the  duty  of  the  party  or 
attorney  to  give  such  acknowledgment,  and  upon  motion  the  court  may 
compel  it,  or  may  order  the  entry  of  satisfaction  to  be  made  without  it. 

Kerr,  C.  C.P.,(i7o. 

It  is  only  when  a  judgment  is  satisfied  Upon  an  execution  of  sale,  when  the 

"otherwise  than  upon  execution"  that  a  judgment  creditor  bid  in  the  property,  but 

court  may  order  a  judgment  creditor  to  refused  to  pay,  and  the  property  had  to  be 

make  acknowledgment  of  that  fact.  Sweeney  offered  again,  it  was  held  that  the  execution 

v.  Hawthorne,  6  Nev.  129,  131.  was  not  satisfied.  Idem. 

CHAPTER  42 
EXECUTION 

5280.  Within     what     time     execution     may       5288.  What  exempt  from  execution. 

issue.  5289.  Writ,  how  executed. 

5281.  Execution,  who  may  issue  —  Form  —  To       5290.  Notice   of   sale   under    execution,    how 

whom   directed  —  Requirements  of.  given. 

5282.  Judgment  on  joint  contract,  how  satis-       5291.  Selling  without  notice,  liability  for  — 

fied.  Penalty  for  defacing  notice. 

5283.  Execution,  when  returnable.  5292.  Sale  under  execution,  how  made. 

5284.  Money    judgments     and     others,     how       5293.  Purchaser   refusing  to   pay  bid,   what 

enforced.  proceedings. 

5285.  Execution    may    issue    after    death    of       5294.  Proceedings  against  party  refusing  to 

party.  pay  bid. 

5286.  Execution,  how  and  to  whom  issued.  5295.  Liability  of  officer. 

52X7.   What    liable   to    execution,   not   to   be       5296.  Personal   property  capable   of   manual 
affected  until  levy  made.  delivery,  how  delivered. 


1539  CIVIL  PRACTICE  Sec,  5281 

r>L'<>7.   Idem — Notcapableof  manual  delivery.  ."iJ'.ni1.   Payment  of  redemption  money. 

how  sold  and  delivered.  5303.  What  redemptioner  must  do  in   order 
iix.    K'enl    estate    subject    to    redemption —  to  redeem. 

Certificate  of  sale  to  state,  what.  5304.  Until  expiration  of  redemption   period 
5 !'!»!».   Keal  property  sold  subject  to  redemp-  court     may    restrain    waste — Waste 

tion,  who  may  redeem.  defined. 

.":;i»o.  Time  and  conditions  of  redemption.  .">:;<).">.  Rents  and  profits,  how  disposed  of. 

.".',01.  Subsequent  redemptions,  conditions  of,  5306.  Purchaser  may  recover  from  judgment 

sheriff's  deed,  who  entitled.  creditor,  when. 

5280.  Within  what  time  execution  may  issue. 

SEC.  338.  The  party  in  whose  favor  judgment  is  given,  may,  at  any  time 
within  six  years  after  the  entry  thereof,  issue  a  writ  of  execution  for  its 
enforcement,  as  prescribed  in  this  chapter. 

Kerr,  C.  C.  P.,681. 

Cited,  Humboldt  M.   &   M.   Co.  v.   Terry,  An  execution  must  be  authorized  by  the 

11     Xev.    248;     Mandelbaum     v.    ( ire-<»\  i.-li,  judgment,    and     must    follow    it    in     every 

24  Nev.  160  (50  P.  849).  essential   particular,  not  only  as  to  material 

Under   the   provisions  of   see.   214,   Stats.  matters  <>f  t'orm,  but  also  as  to  the  amount 

iMil.    350,    no    writ    of   restitution    could    be  for     which     it     is     rendered.       Hastings     v. 

issued  on  a    judgment  after  the  lapse  of  five  Johnson,  1   Xev.  613;    Solen  v.  V.  &  T.  R.  E. 

years    from    the    entry   thereof.      Perkins    v.  Co..   I -I   Nev.  405. 
S.  N.  S.  M.  Co.,  10  Nev.  406,  415,  4  1C. 

5281.  Kxeciition.  who   may  issue—  Form— To  whom  directed— Require- 

ments of. 

SEC.  339.  The  writ  of  execution  shall  be  issued  in  the  name  of  the 
State  of  Nevada,  sealed  with  the  seal  of  the  court,  and  subscribed  by  the 
clerk,  and  shall  be  directed  to  the  sheriff;  and  shall  intelligently  refer  to 
the  judgment,  stating  the  court,  the  county  where  the  judgment  roll  is  filed, 
the  names  of  the  parties,  the  judgment,  and  if  it  be  for  money,  the  amount 
thereof,  and  the  amount  actually  due  thereon;  and  if  made  payable  in  a 
specified  kind  of  money  or  currency,  as  provided  in  section  327,  the  execu- 
tion shall  also  state  the  kind  of  money  or  currency  in  which  the  judgment 
is  payable,  and  shall  require  the  sheriff  substantially  as  follows : 

1.  If  it  be  against  the  property  of  the  judgment  debtor,  it  shall  require 
the  sheriff  to  satisfy  the  judgment  with  interest,  out  of  the  personal  prop- 
erty of  such  debtor,  and,  if  sufficient  personal  property  cannot  be  found, 
then  out  of  his  real  property;  or  if  the  judgment  be  a  lien  upon  real  prop- 
erty, then  out  of  the  real  property  belonging  to  him  on  the  day  when  the 
judgment  was  docketed;   or,  if  the  execution  be  issued  to  a  county  other 
than  the  one  in  which  the  judgment  was  recovered,  on  the  day  when  the 
transcript  pfth_e_docket  was  filed  in  the  office  of  the  recorder  of  such  county, 
stating  suchday7or~at  any  time  thereafter. 

2.  If  it  be  against  real  or  personal  property  in  the  hands  of  the  personal 
representatives,  heirs,  devisees,  legatees,  tenants  of  real  property,  or  trus- 
tees, it  shall  require  the  sheriff  to  satisfy  the  judgment,  with  interest,  out 
of  such  property. 

3.  If  it  be  against  the  person  of  the  judgment  debtor,  it  shall  require  the 
sheriff  to  arrest  such  debtor,  and  commit  him  to  the  jail  of  the  county  until 
he  pay  the  judgment,  with  interest,  or  be  discharged  according  to  law. 

4.  If  it  be  issued  on  a  judgment  made  payable  in  a  specified  kind  of 
money  or  currency,  as  provided  in  section  327,  it  shall  also  require  the 
sheriff  to  satisfy  the  same  in  the  kind  of  money  or  currency  in  which  said 
judgment  is  made  payable,  and  the  sheriff  shall  refuse  payment  in  any 
other  kind  of  money  or  currency ;  and  in  case  of  levy  and  sale  of  the  prop- 
erty of  the  judgment  debtor,  he  shall  refuse  payment  from  any  purchaser 
at  such  sale  in  any  other  kind  of  money  or  currency  than  that  specified  in 
the  execution;    the  sheriff  collecting  money  or  currency  in  the  manner 
required  by  this  act  shall  pay  to  the  plaintiff,  or  party  entitled  to  recover 


See.  5282  CIVIL  PRACTICE  1540 

the  same,  the  same  kind  of  money  or  currency  received  by  him,  and  in  case 
of  neglect  or  refusal  so  to  do,  he  shall  be  liable  on  his  official  bond  to  the 
j  udgment  creditor  in  three  times  the  amount  of  money  so  collected. 

5.  If  it  be  for  the  delivery  of  the  possession  of  real  or  personal  property, 
it  shall  require  the  sheriff  to  deliver  the  possession  of  the  same,  particularly 
describing  it,  to  the  party  entitled  thereto,  and  may  at  the  same  time 
require  the  sheriff  to  satisfy  any  costs,  damages,  rents,  or  profits,  recovered 
by  the  same  judgment  out  of  the  personal  property  of  the  party  against 
whom  it  was  rendered,  and  the  value  of  the  property  for  which  the  judg- 
ment was  recovered,  to  be  specified  therein;  if  a  delivery  thereof  cannot 
be  had,  and  if  sufficient  personal  property  cannot  be  found,  then  out  of  real 
property,  as  provided  in  the  first  subdivision  of  this  section. 

Kerr,  C.C.P.,682. 

Cited,  Solen  v.  V.  &  T.  R.  R.  Co.,  15  Nev.  The  sheriff  has  no  authority  to  put  a 

313,  327.  party  in  possession  of  land  not  prescribed 

See  Lambert  v.  McFarland,  2  Nev.  59,  in  the  complaint  or  judgment.  Bullion  M. 

under  sec.  327.  Co.  v.  Croesus  G.  &  S.  M.  Co.,  2  Nev.  168. 

5282.  Judgment  on  joint  contract,  how  satisfied. 

SEC.  340.  When  a  writ  of  execution  is  issued  on  a  judgment  recovered 
against  two  or  more  persons,  in  an  action  upon  a  joint  contract,  in  which 
action  all  the  defendants  were  not  served  with  summons,  or  did  not  appear, 
it  shall  direct  the  sheriff  to  satisfy  the  judgment  out  of  the  joint  property 
of  all  the  defendants,  and  the  individual  property  only  of  the  defendants 
who  were  served,  or  who  appeard  in  the  action.  In  other  respects  the  writ 
shall  contain  the  directions  specified  in  subdivisions  1  and  4  of  the  last 
section. 

5283.  Execution,  when  returnable. 

SEC.  341.  The  execution  may  be  returnable  at  any  time  not  less  than  ten 
nor  more  than  sixty  days  after  its  receipt  by  the  sheriff,  to  the  clerk  with 
whom  the  judgment  roll  is  filed. 

Kerr,  C.C.P.,683. 

Act  of  1861,  350,  sec.  214,  cited,  Perkins  v.  Sierra  Nev.  S.  M.  Co.,  10  Nev.  416. 

5284.  Money  judgments  and  others,  how  enforced. 

SEC.  342.  Where  a  judgment  requires  the  payment  of  money,  or  the 
delivery  of  real  or  personal  property,  the  same  shall  be  enforced  in  those 
respects  by  execution.  Where  it  requires  the  performance  of  any  other  act, 
a  certified  copy  of  the  judgment  may  be  served  upon  the  party  against 
whom  it  is  given,  or  upon  the  person  or  officer  who  is  required  thereby,  or 
by  law,  to  obey  the  same,  and  his  obedience  thereto  enforced. 

Kerr,  C.C.P.,684. 

5285.  Execution  may  issue  after  death  of  party. 

SEC.  343.  Notwithstanding  the  death  of  a  party  after  the  judgment, 
execution  thereon  may  be  issued,  in  case  of  the  death  of  the  plaintiff,  the 
same  as  if  he  were  living,  upon  the  application  of  his  executor  or  adminis- 
trator, or  successor  in  interest,  to  the  court  in  which  the  judgment  was 
rendered,  and  in  case  of  the  death  of  the  defendant,  if  the  judgment  be  for 
the  recovery  of  real  or  personal  property,  execution  may  be  issued  against 
such  property,  in  the  same  manner  and  with  the  same  effect  as  if  he  were 
still  living. 

Kerr,  C.C.P.,£86. 

5286.  Execution,  how  and  to  whom  issued. 

SEC.  344.  Where  the  execution  is  against  the  property  of  the  judgment 
debtor,  it  may  be  issued  to  the  sheriff  of  any  county  in  the  state.  Where  it 
requires  the  delivery  of  real  or  personal  property,  it  shall  be  issued  to  the 


1541  CIVIL  PRACTICE  Sec.  5288 

sheriff  of  the  county  where  the  property,  or  some  part  thereof,  is  situated. 
Executions  may  be  issued  at  the  same  time  to  different  counties. 

Ken-,  C.  C.  P.,<>87. 

Cited,  In  re  Rourke,  13  Nev.  !*">«». 

5287.  What  liable  to  execution,  not  be  affected  until  levy  made. 

SEC.  345.  All  goods,  chattels,  moneys,  and  other  property,  real  and  per- 
sonal, of  the  judgment* debtor,  or  any  interest  therein  of  the  judgment 
debtor  not  exempt  by  law,  and  all  property  and  rights  of  property  seized 
and  held  under  attachment  in  the  action,  shall  be  liable  to  execution. 
Shares  and  interests  in  any  corporation  or  company,  and  debts  and  credits, 
and  other  property  not  capable  of  manual  delivery,  may  be  attached  in 
execution,  in  like  manner  as  upon  writs  of  attachment.  Gold  dust  and 
bullion  shall  be  returned  by  the  officer  as  so  much  money  collected,  at  its 
current  value,  without  exposing  the  same  to  sale.  Until  a  levy,  property 
shall  not  be  affected  by  the  execution. 

Kerr.r.C.  P., 688. 

In  ;in  estate,  where  no  order  for  distribu-  approved  claim  against  the  estate  be  levied 

tion  has  been  made,  neither  the  executor  upon  and  sold  under  execution  against  the 

imr  administrator  is  liable  to  the  powers  of  claimant.  Norton  v.  Clark,  18  Nev.  247,  250 

unrnishment,  nor  can  an  allowed  and  (I!  P.  529). 

5288.  What  exempt  from  execution. 

SEC.  346.  The  following  property  is  exempt  from  execution,  except  as 
herein  otherwise  specially  provided : 

1.  Chairs,  tables,  desks  and  books  to  the  value  of  two  hundred  dollars, 
belonging  to  the  judgment  debtor. 

2.  Necessary  household,  table,  and  kitchen  furniture  belonging  to  the 
judgment  debtor,  including  one  sewing  machine,  stove,  stove  pipe  and  fur- 
niture, wearing  apparel,  beds,  bedding,  and  bedsteads,  hanging  pictures, 
oil  paintings  and  drawings  drawn  or  painted  by  any  member  of  the  family, 
and  the  family  portraits  and  their  necessary  frames,  provisions  and  fuel 
actually  provided  for  individual  or  family  use,  sufficient  for  three  months, 
and  three  cows  and  their  suckling  calves,  four  hogs  with  their  suckling 
pigs,  and  food  for  such  cows  and  hogs  for  one  month ;  also,  one  piano,  one 
shotgun,  and  one  rifle. 

3.  The  farming  utensils  or  implements  of  husbandry  of  the  judgment 
debtor,  not  exceeding  in  value  the  sum  of  one  thousand  dollars ;   also,  two 
oxen,  or  two  horses,  or  two  mules,  and  their  harness,  one  cart  or  buggy  and 
two  wagons,  and  food  for  such  oxen,  horses,  or  mules,  for  one  month ;  also, 
all  seed,  grain,  or  vegetables  actually  provided,  reserved,  or  on  hand  for 
the  purpose  of  planting  or  sowing  at  any  time  within  the  ensuing  six 
months,  not  exceeding  in  value  the  sum  of  two  hundred  dollars;    and 
seventy-five  beehives,  one  horse  and  vehicle  belonging  to  any  person  who 
is  maimed  or  crippled,  and  the  same  is  necessary  in  his  business. 

4.  The  tools  or  implements  of  a  mechanic  or  artisan,  necessary  to  carry 
on  his  trade;    the  notarial  seal,  records,  and  office  furniture  of  a  notary 
public;   the  instruments  and  chests  of  a  surgeon,  physician,  surveyor,  or 
dentist,  necessary  to  the  exercise  of  their  profession,  with  their  professional 
libraries  and  necessary  office  furniture ;  the  professional  libraries  of  attor- 
neys, judges,  ministers  of  the  gospel,  editors,  school  teachers,  and  music 
teachers,   and  their  necessary  office  furniture,   including   one  safe   and 
one  typewriter ;   also,  the  musical  instruments  of  music  teachers,  actually 
used  by  them  in  giving  instructions,  and  all  the  indices,  abstracts,  books, 
papers,  maps  and  office  furniture,  of  a  searcher  of  records  necessary 
to  be  used  in  his  profession;    also,  the  typewriters,  or  other  mechani- 
cal contrivances  employed  for  writing  in  type,  actually  used  by  the  owner 
thereof  for  making  his  living;    also  one  bicycle,  when  the  same  is  used 


Sec.  5288  CIVIL  PRACTICE  1542 

by  its  owner  for  the  purpose  of  carrying  on  his  regular  business,  or 
when  the  same  is  used  for  the  purpose  of  transporting  the  owner  to  and 
from  his  place  of  business. 

5.  The  cabin  or  dwelling  of  a  miner  or  prospector,  not  exceeding  in  value 
the  sum  of  five  hundred  dollars;    also,  his  sluices,  pipes,  hose,  windlass, 
whim,  derrick,  cars,  pumps,  tools,  implements,  and  appliances  necessary 
for  carrying  on  any  mining  operations,  not  exceeding  in  value  the  aggre- 
gate sum  of  five  hundred  dollars;    and  two  horses,  mules,  asses,  or  oxen 
with  their  harness,  and  food  for  such  horses,  mules,  asses,  or  oxen  for  one 
month,  when  necessary  for  use  by  him  in  working  any  mining  claim  or  in 
prospecting  for  minerals,  or  when  necessary  to  be  used  on  any  whim,  wind- 
lass, derrick,  car,  pump  or  hoisting  gear ;  and  also  his  mining  claim  actually 
worked  by  him  not  exceeding  in  value  the  sum  of  one  thousand  dollars. 

6.  Two  horses,  two  oxen,  or  two  mules,  and  their  harness,  and  one  cart 
or  wagon,  one  dray  or  truck,  one  coupe,  one  hack,  or  carriage,  for  one  or 
two  horses  by  the  use  of  which  a  cartman,  drayman,  truckman,  huckster, 
peddler,  hackman,  teamster,  or  other  laborer  habitually  earns  his  living; 
and  one  horse,  with  vehicle  and  harness  or  other  equipments,  used  by  a 
physician,  surgeon,  constable,  or  minister  of  the  gospel,  in  the  legitimate 
practice  of  his  profession  or  business ;  with  food  for  such  oxen,  horses,  or 
mules  for  one  month. 

7.  Poultry  not  exceeding  in  value  seventy-five  dollars. 

8.  The  earnings  of  the  judgment  debtor  for  his  personal  services  rendered 
at  any  time  within  thirty  days  next  preceding  the  levy  of  execution  or 
attachment,  when  it  appears,  by  the  debtor's  affidavit  or  otherwise,  that 
such  earnings  are  necessary  for  the  use  of  his  family,  residing  in  this  state, 
supported  in  whole  or  in  part  by  his  labors ;  but  where  debts  are  incurred 
by  any  such  person,  or  his  wife  or  family,  for  the  common  necessaries  of 
life,  or  have  been  incurred  at  a  time  when  the  debtor  had  no  family,  resid- 
ing in  this  state,  supported  in  whole  or  in  part  by  his  labor,  the  one-half  of 
such  earnings  above  mentioned  is  nevertheless  subject  to  execution,  gar- 
nishment, or  attachment  to  satisfy  debts  so  incurred. 

9.  All  fire  engines,  hooks  and  ladders,  with  the  carts,  trucks  and  carriages, 
hose,  buckets,  implements,  and  apparatus  thereunto  appertaining,  and  all 
furniture  and  uniforms  of  any  fire  company  or  department  organized  under 
the  laws  of  this  state. 

10.  All  arms,  uniforms,  and  accouterments  required  by  law  to  be  kept 
by  any  person,  and  also  one  gun,  to  be  selected  by  the  debtor. 

11.  All  courthouses,  jails,  public  offices,  and  buildings,  lots,  grounds,  and 
personal  property,  the  fixtures,  furniture,  books,  papers  and  appurtenances 
belonging  and  pertaining  to  the  courthouse,  jail,  and  public  offices  belong- 
ing to  any  county  of  this  state  and  all  cemeteries,  public  squares,  parks, 
and  places,  public  buildings,  town  halls,  markets,  buildings  for  the  use  of 
fire  departments  and  military  organizations,  and  the  lots  and  grounds 
thereto  belonging  and  appertaining,  owned  or  held  by  any  town  or  incor- 
porated city,  or  dedicated  by  such  town  or  city  to  health,  ornament,  or 
public  use,  or  for  the  use  of  any  fire,  or  military  company  organized  under 
the  laws  of  this  state. 

12.  All  material  not  exceeding  one  thousand  dollars  in  value,  purchased 
in  good  faith  for  use  in  the  construction,  alteration,  or  repair  of  any  build- 
ing, mining  claim  or  other  improvement,  as  long  as  in  good  faith  the  same 
is  about  to  be  applied  to  the  construction,  alteration,  or  repair  of  such  build- 
ing, mining  claim,  or  other  improvement. 

13.  All  machinery,  tools  and  implements,  necessary  in  and  for  boring, 
sinking,  putting  down  and  constructing  surface  or  artesian  wells;    also 
the  engines  necessary  for  operating  such  machinery,  implements,  tools,  etc. ; 
also  all  trucks  necessary  for  the  transportation  of  such  machinery,  tools, 


1543  CIVIL  PRACTICE  Sec.  5289 

implements,   engines,   etc.;  provided,   that  the  value  of  all  the  articles 
exempted  under  this  subdivision  shall  not  exceed  one  thousand  dollars. 

14.  All  moneys,  benefits,  privileges,  or  immunities  accruing  or  in  any 
manner  growing  out  of  any  life  insurance,  if  the  annual  premium  paid  do 
not  exceed  five  hundred  dollars,  and  if  they  exceed  that  sum,  a  like  exemp- 
tion shall  exist  which  shall  bear  the  same  proportion  to  the  moneys,  benefits, 
privileges,  and  immunities  so  accruing  or  growing  out  of  such  insurance 
that  said  five  hundred  dollars  bears  to  the  whole  annual  premium  paid. 

15.  And  the  homestead  as  provided  for  by  law. 

No  article,  however,  or  species  of  property,  mentioned  in  this  section,  is 
exempt  from  execution  issued  upon  a  judgment  to  recover  for  its  price,  or 
upon  a  judgment  of  foreclosure  of  a  mortgage  or  other  lien  thereon. 

Kerr,  C.  C.  P.,  <;'.«'. 
Const.,  sec.  iM:i. 

See  B6C8.   M'.'-J   :»I«.M. 

.Money  due  t'mm  mutual  insurance  company  fur  deatb  <>r  disability,  exempt,  sec.  b">lH. 
il  and  records  of  district  mining  recordn  ,  exempt,  sec.  -JI.V,. 

Speeiinei.   rabiliet.-.  exempt,  Sfcs.  5822,  "'S'J4. 

.  •_'.sc,4   L'siin.  salaries  of  public-  otlicer-. 


Military  property  exempt,  sec. 

Materials  for  construction,  repair  or  alteration  of  a  building  exempt,  sec.  I'l' 

A    teamster    need    not    necessarily    drive  in  execution,  equal  in   amount  to  the   value 

hi>  team.     One  is  a  teamster  who  is  engaged  of    the    property    claimed    as    exempt,    that 

with    his  own   team    <>r   teams   in    the  business  fact    .Iocs    not    deprive    him    of    an    otherwise 

of   teaming,  that    is  to  say,  in  the  business  valid  claim  of  exemption.     Idem. 

nf    hauling    freight    for   other   parties   for    a  Tin-    business   of   a    livery-stable   keeper   is 

consideration.    by    which    he    habitually    sup-  plainly    distinguishable    from    that    in    which 

ports  himself  and  family.    Klder  v.  Williams,  cartmen,    hucksters,    peddlers,    or    teamsters 

1«,   Ne\.  416-424.  ;ne   engaged,   and   a    livery-stable   keeper   is 

It   is  the  ri'j'ht  and  privilege  of  the  debtor  not  an   "other   laborer."     Edgecomb  v.  Cred- 

ia    teamster)  to    select    and    designate    his  itoi>,   l!i  Nev.   1  !'.»,   l"»i'.  155  (7  P.  533). 

exempt   property,  and,  when  so  selected  and  A    stallion    kept    for    breeding    purposes, 

pointed  out,  the  law  will  recognize  and  pro-  pud    not    used    as    a     work     horse,     is    not 

tect     them    as    exempt,    and    such    selection  txempt     from     execution.       The     legislature 

may    be   made   without    regard  to  the  quality  intended     to     exempt     to     the     debtor     such 

01    \alue  of  the  property  selected.     Idem.  animaU  a^  will  bo  useful  in  assisting  him  to 

If    plaintiff   fraudulently   concealed   other  gain    ;i    livelihood    by    farming    as    ordinarly 

property  and   refused  to  surrender  the  same  reminded.      Kraig   v.   Fellows,  21   Nev.  307, 

::io  C50  I',  '.in  I  i. 

5289.    Writ,  how  executed. 

SEC.  347.  The  sheriff  shall  execute  the  writ  against  the  property  of  the 
judgment  debtor  by  levying  on  a  sufficient  amount  of  property,  if  there 
be  sufficient,  collecting  or  selling  the  things  in  action,  and  selling  the  other 
property,  and  paying  to  the  plaintiff  or  his  attorneys  so  much  of  the  pro- 
ceeds as  will  satisfy  the  judgment,  or  depositing  the  amount  with  the  clerk 
of  the  court.  Any  excess  in  the  proceeds  over  the  judgment  and  the 
sheriff's  fees  shall  be  returned  to  the  judgment  debtor.  When  there  is 
more  property  of  the  judgment  debtor  than  is  sufficient  to  satisfy  the  judg- 
ment and  the  sheriff's  fees  within  the  view  of  the  sheriff,  he  shall  levy  only 
on  such  part  of  the  property  as  the  judgment  debtor  may  indicate;  pro- 
vided, that  the  judgment  debtor  may  indicate  at  the  time  of  the  levy  such 
part;  and,  provided,  that  the  property  indicated  be  amply  sufficient  to 
satisfy  such  judgment  and  fees. 

Kerr,  C.  C.  I».,H91. 
^c.  o494. 

Damages  —  Seizure    of    property,     exempt  action  to  recover  damages  for  the  trespass. 

from  execution  —  Certain  evidence  held  inad-  Elder  v.  Frevert,  38  Nev.  446  (5  P.  69). 
niissible.     Hammersmith   v.  Avery,  18  Nev.  In  an  action'  against  a  judgment  creditor 

225  (2  P.  55).  for  the  unlawful  seizure  of  property  exempt 

An  execution  creditor,  under  whose  direc-  from    execution,   the   defendants  cannot   set 

lion    a    levy    is.  unlawfully    made,    is    liable  up   the   judgment,   under  which   the   seizure 

;<nd    may    be    sued    with    the    sheriff    in    an  was  made,  as  a  counterclaim  to  the  action. 

Idem. 


Sec,  5290  CIVIL  PRACTICE  1544 

5290.  Notice  of  sale  under  execution,  how  given. 

SEC.  348.  Before  the  sale  of  property  on  execution,  notice  thereof  shall 
be  given  as  follows : 

1.  In  cases  of  perishable  property,  by  posting  written  notice  of  the  time 
and  place  of  sale  in  three  public  places  of  the  township  or  city  where  the 
sale  is  to  take  place,  for  such  a  time  as  may  be  reasonable,  considering  the 
character  and  condition  of  the  property. 

2.  In  case  of  other  personal  property,  by  posting  a  similar  notice  in  three 
public  places  of  the  township  or  city  where  the  sale  is  to  take  place,  not  less 
than  five  nor  more  than  ten  days,  successively,  and,  in  case  of  sale  on-  execu- 
tion issuing  out  of  a  district  court,  by  the  publication  of  a  copy  of  said 
notice  at  least  once  a  week,  for  the  same  period,  in  a  newspaper,  if  there 
be  one,  in  the  county. 

3.  In  case  of  real  property,  by  posting  a  similar  notice  particularly 
describing  the  property,  for  twenty  days,  successively,  in  three  public  places 
of  the  township  or  city  where  the  property  is  situated,  and  also  where  the 
property  is  to  be  sold ;  and  also  by  publishing  a  copy  of  said  notice  once  a 
week,  for  the  same  period,  in  a  newspaper,  if  there  be  one,  in  the  county; 
provided,  that  the  cost  of  such  publication  shall  in  no  case  exceed  the  sum 
of  two  dollars  and  fifty  cents  per  square  for  the  first  insertion,  and  one 
dollar  per  square  for  each  subsequent  insertion ;  and  provided  further,  that 
in  any  case  where  the  paper  authorized  by  this  act  to  publish  such  notice  of 
sale  shall  neglect  or  refuse,  from  any  cause,  to  make  such  publication,  then 
the  posting  of  notices,  as  provided  in  the  preceding  section  of  this  act,  shall 
be  deemed  sufficient  notice ;  provided,  further,  notices  of  the  sale  of  prop- 
erty on  execution,  upon  a  judgment  for  any  sum  less  than  five  hundred  dol- 
lars, exclusive  of  costs,  shall  be  given  only  by  posting  in  three  public  places 
in  the  county,  one  of  which  notices  shall  be  posted  at  the  courthouse. 

Kerr,  C.  C.P.,692. 

5291.  Selling  without  notice,  liability  for— Penalty  for  defacing  notice. 
SEC.  349.    An  officer  selling  without  the  notice  prescribed  by  the  last 

section,  shall  forfeit  five  hundred  dollars  to  the  aggrieved  party,  in  addition 
to  his  actual  damages ;  and  a  person  wilfully  taking  down  or  defacing  the 
notice  posted,  if  done  before  the  sale  or  the  satisfaction  of  the  judgment  if 
the  judgment  be  satisfied  before  sale,  shall  forfeit  five  hundred  dollars  to 
the  aggrieved  party. 

Kerr,  C.  C.P.,693. 

5292.  Sale  under  execution,  how  made. 

SEC.  350.  All  sales  of  property  under  execution  shall  be  made  at  auction 
to  the  highest  bidder,  and  shall  be  made  between  the  hours  of  nine  in  the 
morning  and  five  in  the  afternoon.  After  sufficient  property  has  been  sold 
to  satisfy  the  execution,  no  more  shall  be  sold.  Neither  the  officer  holding 
the  execution  nor  his  deputy  shall  become  a  purchaser,  or  be  interested  in 
any  purchase  at  such  sale.  When  the  sale  is  of  personal  property  capable 
of  manual  delivery,  it  shall  be  in  view  of  those  who  attend  the  sale,  and  be 
sold  in  such  parcels  as  are  likely  to  bring  the  highest  price ;  and  when  the 
sale  is  of  real  property,  and  consisting  of  several  known  lots  or  parcels, 
they  shall  be  sold  separately,  or  when  a  portion  of  such  real  property  is 
claimed  by  a  third  person,  and  he  requires  it  to  be  sold  separately,  such 
portion  shall  be  thus  sold.  All  sales  of  real  property  shall  be  made  at  the 
courthouse  of  the  county  in  which  the  property  or  some  part  thereof,  is 
situated.  If  the  land  to  be  sold  under  execution  consists  of  a  single  parcel, 
or  two  or  more  contiguous  parcels,  situated  in  two  or  more  counties,  notice 
of  the  sale  must  be  posted  and  published  in  each  of  such  counties,  as  pro- 
vided in  this  act.  The  judgment  debtor,  if  present  at  the  sale,  may  also 


1545  CIVIL  PRACTICE  Sec.  5297 

direct  the  order  in  which  property,  real  or  personal,  shall  be  sold.  When 
such  property  consists  of  several  known  lots  or  parcels,  or  of  articles  which 
can  be  sold  to  advantage  separately,  the  sheriff  shall  be  bound  to  follow 
such  directions. 

Kerr,  C.  C.  P.,694. 

Sheriff  not  to  become  purchaser,  sec.  lli-Vi. 

5293.  Purchaser  refusing:  to  pay  bid,  what  proceedings. 

SEC.  351.  If  a  purchaser  refuse  to  pay  the  amount  bid  by  him  for  prop- 
erty struck  off  to  him  at  a  sale  under  execution,  the  officer  may  again  sell 
the  property  to  the  highest  bidder,  after  again  giving  the  notice  herein- 
before provided ;  and  if  any  loss  be  occasioned  thereby  from  the  purchaser 
refusing  to  pay  his  bid,  the  officer  may  recover  the  amount  of  such  loss, 
with  costs,  for  the  benefit  of  the  party  aggrieved,  by  motion  upon  previous 
notice  of  five  days  to  such  purchaser,  before  any  court  of  competent  juris- 
diction. 

Kerr,C.C.  P., 096. 

When    .1    judgment    creditor,    to    whom       may    require    payment    when    the    fees    are 
l>io|>t>rty    is    struck    off    at    execution    sale,       due,  or  to  become  due  to  him,  and  in  default 
refuses  to   consummate   his  purchase,   there       of  payment  may  resell.    Idem. 
should  be  a  resale,  the  same  as  in  the  case  If  the  highest  bidder  at  a  sheriff's  sale 

of  any  other  purchaser.  Sweeney  v.  Haw-  fails  to  pay  the  amount  of  his  bid,  the  next 
thorno,  6  Nev.  130.  highest  bidder  is  not  bound  by  his  bid. 

Whore  the  judgment  creditor  is  the  pur-       Dazet   v.   Landry,    21    Nev.   291,   295  (30   P. 
«  iiascr  at  execution  sale,  it  does  not  follow       1064). 
that  he  need  not  pay  any  money — the  officer 

5294.  Proceedings  against  party  refusing  to  pay  bid. 

SEC.  352.  Such  court  shall  proceed  in  a  summary  manner  in  the  hearing 
and  disposition  of  such  motion,  and  give  judgment  and  issue  execution 
therefor  forthwith,  but  the  refusing  purchaser  may  claim  a  jury.  And 
the  same  proceedings  may  be  had  against  any  subsequent  purchaser  who 
shall  refuse  to  pay,  and  the  officer  may,  in  his  discretion,  thereafter  reject 
the  bid  of  any  person  so  refusing. 

Kerr,  C.  C.  P.JHMJ. 

Sec  Sweeney  v.  Hawthorne,  under  sec.  .V>1  of  this  act. 

5295.  Liability  of  officer. 

SEC.  353.  The  two  preceding  sections  shall  not  be  construed  to  make 
the  officer  liable  for  any  more  than  the  amount  bid  by  the  second  or  sub- 
sequent purchaser,  and  the  amount  collected  from  the  purchaser  refusing 
to  pay. 

Kerr,  C.  C.  P.,  097. 

529H.    Personal  property  capable  of  manual  delivery,  how  delivered. 

SEC.  354.  When  the  purchaser  of  any  personal  property  capable  of 
manual  delivery  shall  pay  the  purchase  money,  the  officer  making  the  sale 
shall  deliver  to  the  purchaser  the  property,  and  if  desired  shall  execute  and 
deliver  to  him  a  certificate  of  the  sale  and  payment.  Such  certificate  shall 
convey  to  the  purchaser  all  the  right,  title,  and  interest  which  the  debtor 
had  in  and  to  such  property  on  the  day  the  execution  was  levied. 

Kerr,  C.  C.  P.,  698. 

5297.    Idem— Not  capable  of  manual  delivery,  how  sold  and  delivered. 

SEC.  355.  When  the  purchaser  of  any  personal  property  not  capable  of 
manual  delivery  shall  pay  the  purchase  money,  the  officer  making  the  sale 
shall  execute  and  deliver  to  the  purchaser  a  certificate  of  sale  and  payment. 
Such  certificate  shall  convey  to  the  purchaser  all  right,  title,  and  interest 
which  the  debtor  had  in  and  to  such  property  on  the  day  the  execution  was 
levied. 

Kerr,  C.  C.  P.,  »i'.)<). 


Sec.  5298  CIVIL  PRACTICE  1546 

5298.  Real  estate  subject  to  redemption— Certificate  of  sale  to  state,  what, 
SEC.  356.     Upon  a  sale  of  real  property,  the  purchaser  shall  be  substi- 
tuted to  and  acquire  all  the  right,  title,  interest,  and  claim  of  the  judgment 
debtor  thereto ;  and  when  the  estate  is  less  than  a  leasehold  of  two  years' 
unexpired  term,  the  sale  shall  be  absolute.     In  all  other  cases  the  real  prop- 
erty shall  be  subject  to  redemption  as  provided  in  this  chapter.     The  officer 
shall  give  to  the  purchaser  a  certificate  of  the  sale  containing : 

1.  A  particular  description  of  the  real  property  sold. 

2.  The  price  bid  for  each  distinct  lot  or  parcel. 

3.  The  whole  price  paid. 

4.  When  subject  to  redemption  it  shall  be  so  stated;  and  when  the  judg- 
ment, under  which  the  sale  has  been  made,  is  made  payable  in  a  specified 
kind  of  money  or  currency,  the  certificate  shall  also  state  the  kind  of  money 
or  currency  in  which  said  redemption  may  be  made,  which  shall  be  the  same 
as  that  specified  in  the  judgment.     A  duplicate  of  such  certificate  shall  be 
filed  by  the  officer  in  the  office  of  the  county  recorder  of  the  county. 

Kerr,  C.C.P.,700. 

Cited,  Adams  v.  Smith,  19  Nev.  259,  272  24  Nev.  274,  286  (77  A.  S.  807,  177  U.  S.  523, 

(3  A.  S.  888,  9  P.  337) ;  Bosina  v.  Trowbridge,  52  P.  609). 

20  Nev.  105,  121  (17  P.  751).  Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v. 

The  certificate  shows  color  of  title  in  the  Grimes,  29  Nev.  59. 
purchaser.     Nesbitt  v.  Delamar's  G.  M.  Co., 

5299.  Real  property  sold  subject  to  redemption,  who  may  redeem. 

SEC.  357.  Property  sold  subject  to  redemption,  as  provided  in  the  last 
section,  or  any  part  sold  separately,  may  be  redeemed  in  the  manner  here- 
inafter provided  by  the  following  persons,  or  their  successors  in  interest : 

1.  The  judgment  debtor,  or  his  successor  in  interest,  in  the  whole  or  any 
part  of  the  property. 

2.  A  creditor  having  a  lien  by  judgment  or  mortgage  on  the  property 
sold,  or  on  some  share  or  part  thereof,  subsequent  to  that  on  which  the 
property  was  sold.    The  persons  mentioned  in  the  second  subdivision  of 
this  section  are,  in  this  chapter,  termed  redemptioners. 

Kerr,  C.  C.P.,701. 

5300.  Time  and  conditions  of  redemption. 

SEC.  358.  The  judgment  debtor  or  redemptioner  may  redeem  the  prop- 
erty by  paying  to  the  sheriff  making  the  sale,  within  six  months  after  the 
sale,  the  amount  of  the  purchase  price,  in  the  kind  of  money  or  currency 
specified  in  the  judgment,  if  any  is  specified,  with  one  per  cent  per  month 
thereon  in  addition,  from  the  time  of  the  sale  to  the  time  of  redemption, 
together  with  the  amount  of  any  assessment  or  taxes  which  the  purchaser 
may  have  paid  after  the  purchase,  and  a  statement  of  which  the  purchaser 
shall  file,  before  the  time  of  redemption,  with  the  officer  making  the 
sale,  and  interest  on  such  amount;  and  if  the  purchaser  is  also  a  cred- 
itor, having  a  lien  prior  to  that  of  the  redemptioner,  other  than  the  judg- 
ment under  which  the  purchase  was  made,  the  amount  of  such  lien,  with 
interest. 

Kerr,  C.  C.P.,702. 

5301.  Subsequent  redemptions,  conditions  of,  sheriff's  deed,  who  entitled. 
SEC.  359.    If  the  property  is  so  redeemed  by  a  redemptioner,  either  the 

judgment  debtor  or  another  redemptioner  may,  within  sixty  days  after  the 
last  redemption,  again  redeem  it  from  the  last  redemptioner,  by  paying  the 
sum  paid  on  such  last  redemption  with  two  per  cent  thereon  in  addition, 
and  the  amount  of  any  assessments  or  taxes  which  the  said  last  redemp- 
tioner may  have  paid  thereon  after  the  redemption  by  him,  with  interest 
on  such  amount,  and  in  addition,  the  amount  of  any  liens  held  by  said  last 


CIVIL  PRACTICE  Sec.  5802 

:edemptioner  prior  to  his  own,  with  interest;  provided,  that  the  judgment 
under  which  the  property  was  sold  need  not  be  paid  as  a  lien.     The  prop- 
erty may  again,  and  as  often  as  the  debtor  or  redemptioner  is  disposed  be 
redeemed  from  the  officer  making  the  sale,  within  sixty  days  after  the  last 
redemption,  with  two  per  cent  thereon  in  addition,  and  the  amount  of  any 
assessments  or  taxes  which  the  last  previous  redemptioner  shall  have  paid 
after  the  redemption  by  him,  with  interest  thereon,  and  the  amount  of  any 
liens,  other  than  the  judgment  under  which  the  property  was  sold,  held  by 
the  said  last  redemptioner  previous  to  his  own,  with  interest.     Written-- 
notice  of  the  redemption  must  be  filed  with  the  recorder  of  the  county;  — 
and  if  any  taxes  or  assessments  are  paid  by  the  redemptioner,  or  if  he  has 
or  acquires  any  lien  other  than  that  upon  which  the  redemption  was  made,— 
notice  thereof  must  be  given  to  the  sheriff  and  filed  with  the  recorder ;  and 
if  such  notice  is  not  filed,  the  property  may  be  redeemed  without  paying 
such  tax,  assessment  or  lien.     If  no  redemption  is  made  within  six  months 
after  the  sale,  the  purchaser  or  his  assignee  is  entitled  to  a  conveyance ;  or 
if  so  redeemed,  whenever  sixty  days  have  elapsed,  and  no  other  redemption 
has  been  made,  and  notice  thereof  given,  and  the  time  for  redemption  has. 
expired,  the  last  redemptioner  or  his  assignee  is  entitled  to  a  sheriff's  deed ;  I 
but  in  all  cases  the  judgment  debtor  shall  have  the  entire  period  of  six 
months  from  the  date  of  the  sale  in  which  to  redeem  the  property.    If  the 
debtor  redeem,  the  effect  of  the  sale  is  terminated  and  he  is  restored  to  his 
estate.     Upon  a  redemption  by  the  debtor,  the  sheriff  to  whom  the  pay--j 
ment  is  made  must  execute  and  deliver  to  him  a  certificate  of  redemption, 
acknowledged  or  approved  before  an  officer  authorized  to  take  acknowledg- 
ments of  conveyances  to  real  property.     Such  certificate  must  be  filed  and 
recorded  in  the  office  of  the  recorder  of  the  county  in  which  the  property 
is  situated,  and  the  recorder  must  note  the  record  thereof  in  the  margin  of 
the  record  of  the  certificate  of  sale. 

Kerr.C.C.  P.,  703. 

Successor  i>t'  sheriff  or  constable  may  execute  deed,  sec.  HUH.'. 

I'laintifV   purchased   from   B   tin-    right   of  judgment  than  the  one  recited  on  its  face, 

redemption    to    certain    land    and     redeemed  nor    <-;in    IK-    contradict    the    recitals    in    the 

the  same  from  the  purchaser  at  a  foreclosure  deed    under   which    he   claims.     Zabriskie   v. 

sale.     It  was  held  that  he  was  not  entitled  Mead,  2  Nev.  285. 

to  the  possession  of  the  land  against  a  lessee  If  a  defendant  in  execution  has  no  title 

under    a    demise    made    subsequent    to    the  to  premises  in  question,  either  at  the  date 

mortgage.     Oilsnn    v.   Boston,    11    Nev.    413,  of   sale,   or   at   any  time   subsequent   to   the 

414.  period  when  the  judgment  was  rendered,  as 

After  redeeming,  plaintiff  had  some  estate  appears  by  the  recitals  in  the  execution,  in 

in  the  land  that  B  had  before  the  sale  and  the  advertisement  of  sale,  in  the  certificate 

was  as  much  bound  by  the  lease  as  B  would  of  sale,  and  the  sheriff's  deed,  a  party  claim  - 

have  been.     Idem.  ing   under   such    execution   sale   will   not   be 

One  who  brings  an  action  to  recover  real  allowed  to  show  that  the  true  date  of  the 

estate  purchased  under  execution  cannot  show  judgment    under    which    the    execution    was 

that   the  execution  issued  under  a   different  issued  was  different  from  all  those  recitals. 

Idem. 

5802.     Payment  of  redemption  money. 

SEC.  360.  The  payments  mentioned  in  the  last  two  sections  must  be 
made  to  the  sheriff  who  made  the  sale;  when  the  judgment  under  which 
the  sale  has  been  made  is  payable  in  a  specified  kind  of  money  or  currency, 
payments  must  be  made  in  the  same  kind  of  money  or  currency,  and  a 
tender  of  the  money  is  equivalent  to  payment.  A  redemptioner  must  serve 
with  his  notice  to  the  sheriff : 

1.  A  copy  of  the  judgment  under  which  he  claims  the  right  to  redeem, 
certified  by  the  clerk  of  the  court  or  of  the  county  where  the  judgment  is 
docketed,  or  if  he  redeems  upon  a  mortgage  or  other  lien,  a  note  of  the 
record  thereof,  certified  by  the  recorder. 

2.  A  copy  of  any  assignment  necessary  to  establish  his  claim,  verified  by 
the  affidavit  of  himself,  or  his  agent,  or  of  a  subscribing  witness  thereto. 


Sec.  5303  CIVIL  PRACTICE  1548 

3.  An  affidavit  by  himself  or  his  agent,  showing  the  amount  then  actually 
due  on  the  loan. 

Upon  the  payment  to  the  sheriff  of  any  money  for  the  redemption  of 
property  as  provided  in  this  act  the  sheriff  shall  pay  over  the  same  to  the 
person  entitled  thereto. 

Kerr,  C.  C.  P.,  704-705. 

5303.  What  redemptioner  must  do  in  order  to  redeem. 

SEC.  361.  A  redemptioner  shall  produce  to  the  officer  or  person  from 
whom  he  seeks  to  redeem,  and  serve  with  his  notice  to  the  sheriff : 

1.  A  copy  of  the  docket  of  the  judgment  under  which  he  claims  the  right 
to  redeem,  certified  by  the  clerk  of  the  court,  or  of  the  county  where  the 
judgment  is  docketed;   or,  if  he  redeem  upon  a  mortgage  or  other  lien,  a 
note  of  the  record  thereof  certified  by  the  recorder. 

2.  A  copy  of  an  assignment  necessary  to  establish  his  claim,  verified  by 
the  affidavit  of  himself  or  of  subscribing  witnesses  thereto ;   and,  third,  an 
affidavit  by  himself,  or  his  agent,  showing  the  amount  then  actually  due  on 
the  lien. 

Kerr,  C.C..P.,705. 

5304.  Until  expiration  of  redemption  period  court  may  restrain  waste- 

Waste  defined. 

SEC.  362.  Until  the  expiration  of  the  time  allowed  for  redemption,  the 
court  may  restrain  the  commission  of  waste  on  the  property,  or  may 
appoint  a  receiver  to  take  charge  of  the  property,  or  the  proceeds  thereof, 
by  order  granted  with  or  without  notice,  on  the  application  of  the  pur- 
chaser or  the  judgment  creditor.  But  it  shall  not  be  deemed  waste  for  the 
person  in  possession  of  the  property  at  the  time  of  sale,  or  entitled  to  pos- 
session afterwards,  during  the  period  allowed  for  redemption,  to  continue 
to  use  it  in  the  same  manner  in  which  it  was  previously  used;  or  to 
use  it  in  the  ordinary  course  of  husbandry ;  or  to  make  necessary  repairs 
of  buildings  thereon ;  or  to  use  wood  or  timber  on  the  property  therefor ; 
or  for  the  repair  of  fences ;  or  for  fuel  in  his  family  while  he  occupies  the 
property. 

Kerr,  C.  C.  P.,  706. 

5305.  Rents  and  profits,  how  disposed  of. 

SEC.  363.  The  purchaser  from  the  time  of  a  sale  until  a  redemption, 
and  a  redemptioner  from  the  time  of  his  redemption  until  another  redemp- 
tion, shall  be  entitled  to  receive  from  the  tenant  in  possession,  the  rents 
of  the  property  sold,  or  the  value  of  the  use  and  occupation  thereof; 
provided,  that  in  case  the  property  shall  be  redeemed  as  provided  in  this 
chapter,  the  amount  of  such  rents,  and  profits  which  may  have  been 
received  by  such  purchaser  or  redemptioner,  or  which  said  purchaser  or 
redemptioner  may  have  been  entitled  to  claim  or  receive,  unless  such  claim 
shall  be  released  to  the  person  claiming  such  right  of  redemption,  shall  be 
deducted  from  the  amount  which  said  purchaser  or  redemptioner  would 
be  entitled  to  receive  on  such  redemption. 

Kerr,  C.  C.  P.,707. 

5306.  Purchaser  may  recover  from  judgment  creditor,  when. 

SEC.  364.  If  the  purchaser  of  real  property  sold  on  execution,  or  his 
successor  in  interest,  or  a  redemptioner  be  evicted  therefrom  in  conse- 
quence of  irregularities  in  the  proceedings  concerning  the  sale  or  of  the 
reversal  or  discharge  of  the  judgment,  he  may  recover  the  price  paid,  with 
interest,  from  the  judgment  creditor.  If  the  purchaser  of  property  at 
sheriff's  sale,  or  his  successor  in  interest,  fail  to  recover  possession  in  con- 
sequence of  irregularity  in  the  proceedings  concerning  the  sale,  or  because 


L549  CIVIL  PRACTICE  Sec,  5308 

the  property  sold  was  not  subject  to  execution  and  sale,  the  court  having 
jurisdiction  thereof  shall,  on  petition  of  such  party  in  interest,  or  his  attor- 
ney, revive  the  original  judgment  for  the  amount  paid  by  such  purchaser  at 
the  sale,  with  interest  thereon  from  the  time  of  payment  at  the  same  rate 
that  the  original  judgment  bore,  and  when  so  revived,  the  said  judgment 
shall  have  the  same  effect  as  an  original  judgment  of  the  said  court  of 
that  date,  and  bearing  interest  as  aforesaid,  and  any  other  or  after 
acquired  property,  rents,  issues,  or  profits  of  the  said  debtor  shall  be  liable 
to  levy  and  sale,  under  execution  in  satisfaction  of  such  debt;  provided, 
that  no  property  of  such  debtor  bona  fide  sold  upon  the  filing  of  such 
petition,  shall  be  subject  to  the  lien  of  such  judgment;  and,  provided 
further,  that  notice  of  the  filing  of  such  petition  shall  be  made  by  filing 
a  notice  thereof  in  the  office  of  the  recorder  of  the  county  where  such 
property  is  situated,  and  that  said  judgment  shall  be  revived  in  the  name 
of  the  original  plaintiff  or  plaintiffs,  for  the  use  of  said  petitioner,  the 
party  in  interest. 

Kerr,  C.  C.  P.,708. 

CHAPTER  43 

PROCEEDINGS  SUPPLEMENTARY  TO  EXECUTION 

.":;n7.  Debtor,  required  to  answer  concerning  5311.  Witnesses  required  to  testify. 

his  property,  when.  5312.  Judge  may  order  property  to  be  applied 
.~;:o.s.  Proceedings  to  compel  debtor  to  appear  on  execution. 

— Arrest — Bail — Commitment.  5313.  Proceedings  on  claim  of  other  party  to 
5309.  Debtor   of  judgment   debtor  may  pay  property   or    on    denial    of   debt    to 

latter's  creditor.  judgim-nt  debtor. 

;"»:',]().  Parties   owing  judgment   debtor   must  5314.  Disolx'«li(Mi<-r  of  orders,  how  punished. 

answer  concerning  same. 

5307.  Debtor  required  to  answer  concern  in<r  his  property, when. 

SEC.  365.  When  an  execution  against  property  of  the  judgment  debtor,  or 
of  any  one  of  several  debtors  in  the  same  judgment,  issued  to  the  sheriff 
of  the  county  where  he  resides,  or  if  he  do  not  reside  in  this  state,  to  the 
sheriff  of  the  county  where  the  judgment  roll  is  filed,  is  returned  unsat- 
isfied, in  whole  or  in  part,  the  judgment  creditor,  at  any  time  after  such 
return  is  made,  shall  be  entitled  to  an  order  from  the  judge  of  the  court 
requiring  such  judgment  debtor  to  appear  and  answer  upon  oath  concern- 
ing his  property,  before  such  judge  or  a  referee  appointed  by  him  at  a 
time  and  place  specified  in  the  order;  but  no  judgment  debtor  shall  be 
required  to  attend  before  a  judge  or  referee  out  of  the  county  in  which  he 
resides,  when  proceedings  are  taken  under  the  provisions  of  this  chapter. 

Kerr,  C.  C.  P.,  714. 

5308.  Proceedings  to  compel  debtor  to  appear— Arrest— Bail— Commit- 

ment. 

SEC.  366.  After  the  issuing  of  an  execution  against  property,  and  upon 
proof  by  affidavit  of  a  party  or  otherwise,  to  the  satisfaction  of  the  court 
or  of  the  judge  thereof,  that  any  judgment  debtor  has  property  which  he 
unjustly  refuses  to  apply  towards  the  satisfaction  of  the  judgment,  such 
court,  or  judge,  may  by  an  order  require  the  judgment  debtor  to  appear  at 
a  specified  time  and  place  before  such  judge,  or  referee  appointed  by  him, 
to  answer  concerning  the  same;  and  such  proceedings  may  thereupon  be 
had  for  the  application  of  the  property  of  the  judgment  debtor  towards 
the  satisfaction  of  the  judgment  as  are  provided  upon  the  return  of  an 
execution.  Instead  of  the  order  requiring  the  attendance  of  the  judgment 
debtor,  the  judge  may,  upon  affidavit  of  the  judgment  creditor,  his  agent, 
or  attorney,  if  it  appear  to  him  that  there  is  danger  of  the  debtor  abscond- 
ing, order  the  sheriff  to  arrest  the  debtor  and  bring  him  before  such  judge. 
98 


Sec.  5309  CIVIL  PRACTICE  1550 

Upon  being  brought  before  the  judge,  he  may  be  ordered  to  enter  into  an 
undertaking,  with  sufficient  surety,  that  he  will  attend  from  time  to  time 
before  the  judge,  or  referee,  as  shall  be  directed  during  the  pendency  of 
proceedings,  and  until  the  final  determination  thereof,  and  will  not  in 
the  meantime  dispose  of  any  portion  of  his  property  not  exempt  from 
execution.  In  default  of  entering  into  such  undertaking,  he  may  be 
committed  to  prison. 

Kerr,  C.  C.P.,715. 

5309.  Debtor  of  judgment  debtor  may  pay  latter's  creditor. 

SEC.  367.  After  the  issuing  of  an  execution  against  property,  any  per- 
son indebted  to  the  judgment  debtor  may  pay  to  the  sheriff  the  amount  of 
his  debt,  or  so  much  thereof  as  may  be  necessary  to  satisfy  the  execution, 
and  the  sheriff's  receipt  shall  be  a  sufficient  discharge  for  the  amount  so 
paid. 

Kerr,  C.C.P.,716. 

5310.  Parties  owing  judgment  debtor  must  answer  concerning  same. 

SEC.  368.  After  the  issuing  or  return  of  an  execution  against  property 
of  the  judgment  debtor,  or  of  any  one  of  several  debtors  in  the  same  judg- 
ment, and  upon  proof  by  affidavit  or  otherwise,  to  the  satisfaction  of  the 
judge,  that  any  person  or  corporation  has  property  of  such  judgment 
debtor,  or  is  indebted  to  him  in  an  amount  exceeding  fifty  dollars,  the 
judge  may,  by  an  order,  require  such  person  or  corporation,  or  any  officer 
or  member  thereof,  to  appear  at  a  specified  time  and  place  before  him,  or  a 
referee  appointed  by  him,  and  answer  concerning  the  same. 

Kerr,  C.  C.  P.,  717. 

In    proceedings    supplementary    to    execu-  any    transfer    or    other    disposition    of    the 

tion,  the  judgment   creditor  can,  in  a   sum-  debt,  and  for  an   order  authorizing  a   com- 

mary  manner,  compel  the  disclosure  of  any  mencement  of  an  action  in  a  proper  court, 

property  belonging  to  the  judgment   debtor  as  provided  in  sec.  371  of  this  act.     Idem, 

in  the  hands,  or  under  the  control  of,  any  Notice     of    garnishment     served    upon    a 

other  person,  and  of  any  indebtedness  due  debtor,  while  giving  a  right  of  action  against 

to  the  judgment  debtor.     Hagerman  v.  Lee,  him   for  money  owing  to   the   defendant  in 

]-  Xev.  331-335.  the  garnishment  proceedings,  does  not  con- 

The  judge  or  referee  can  only  order  prop-  stitute   a   lien   upon   money   with    which   he 

erty  to  be  applied  to  the  satisfaction  of  the  may   subsequently   pay   his   debts,   so   as   to 

judgment  when  the  debtor's  title  thereto  is  enable   the   garnisher   to    follow  the   money 

clear  and  undisputed.     Idem.  into  the  hands  of  third  persons  to  whom  it 

If  the  debt  is  denied  the  only  course  for  has  been  paid.     Hulley  v.   Chedic,  22  Nev. 

plaintiff  is  to  apply  for  an  order  forbidding  127  (58  A.  S.  729,  56  P.  783). 

5311.  Witnesses  required  to  testify. 

SEC.  369.  Witnesses  may  be  required  to  appear  and  testify  before  the 
judge,  or  referee,  upon  any  proceeding  under  this  chapter,  in  the  same 
manner  as  upon  the  trial  of  an  issue. 

Kerr,  C.  C.P.,718. 

5312.  Judge  may  order  property  to  be  applied  on  execution. 

SEC.  370.  The  judge  or  referee  may  order  any  property  of  the  judgment 
debtor  not  exempt  from  execution,  in  the  hands  of  such  debtor  or  any 
other  person,  or  due  to  the  judgment  debtor,  to  be  applied  towards  the 
satisfaction  of  the  judgment. 

Kerr,  C.  C.  P. ,719. 

See  Hagerman  v.  Lee,  under  sec.  368  of  this  act. 

5313.  Proceeding's  on  claim  of  other  party  to  property  or  on  denial  of 

debt  to  judgment  debtor. 

SEC.  371.  If  it  appears  that  a  person  or  corporation  alleged  to  have 
property  of  the  judgment  debtor,  or  indebted  to  him,  claims  an  interest  in 
the  property  adverse  to  him,  or  denies  the  debt,  the  court  or  judge  may 


1551  CIVIL  PRACTICE  Sec.  5315 

authorize,  by  an  order  made  to  that  effect,  the  judgment  creditor  to 
institute  an  action  against  such  person  or  corporation  for  the  recovery  of 
such  interest  or  debt ;  and  the  court  or  judge  may,  by  order,  forbid  a  trans- 
fer or  other  disposition  of  such  interest  or  debt  until  an  action  can  be  com- 
menced and  prosecuted  to  judgment.  Such  order  may  be  modified  or 
vacated  by  the  judge  granting  the  same,  or  the  court  in  which  the  action 
is  brought,  at  any  time,  upon  such  terms  as  may  be  just. 

Kerr,  C.C.P.,720. 

Ihiiierman   v.   Lee,  under  sec.  368  of  property  by  the  pledgee,  pending  an  action 

this  act.  to    determine    the    rights    in    the    property. 

Plaintiff  must  move  by  direct  action  under  Persing  v.  Keno  S.  B.  Co.,  30  Nev.  342,  351 

tliis    chapter  to   prevent   disposition   of   the  (96  P.  1054). 

5314.  Disobedience  of  orders,  how  punished. 

SEC.  372.  If  any  person,  party,  or  witness  disobey  an  order  of  the 
referee,  properly  made  in  the  proceedings  before  him  under  this  chapter, 
he  may  be  punished  by  the  court  or  judge  ordering  the  reference,  for  a 
contempt. 

K«-rr,  O.  C.P.,721. 

CHAPTER  44 

EXCEPTIONS 

.").",].".   Exception  defined — When  taken — Must  '    5317.  No     particular     form     required — Sub- 
be  material.  stance    of    evidence    or    documents 

r,:;n;.   Kxr option,  how  taken — Proved  before  may  be  stated. 

supreme  court.  5318.  Matters  deemed  excepted  to. 

5315.  Exception  defined— \\  hen  taken— Must  be  material. 

SEC.  373.  An  exception  is  an  objection  upon  a  matter  of  law  to  the 
decision  made  by  a  court,  judge,  referee,  or  other  judicial  officer,  in  an 
action  or  proceeding.  The  exception  must  be  taken  at  the  time  the  decision 
is  made,  except  as  provided  in  the  next  section.  No  exception  shall  be 
regarded  on  a  motion  for  a  new  trial  or  on  an  appeal  unless  the  exception 
be  material  and  affect  the  substantial  rights  of  the  parties. 

Utah,  3282. 

•  Parol    evidence   as   to   written    agreement  rendered,  if  there  is  no  order  of  court  made 

admitted    without    objection    is    competent.  at   such   term   extending  the  time  therefor. 

Yietti  v.  Nesbitt,  22  Nev.  390  (41  P.  151).  Idem. 

Though   the   proceedings  of  the  court  are  A  general   order,  continuing   "all  matters 

plainly  irregular  in  point  of  practice,  if  no  in    court    not    disposed    of    until    the    next 

objection    be    made    on    that    ground,    such  term,"  did  not  extend  the  time  for  settling 

irregularity   will    not    be   considered   in   the  and  signing  a  bill  of  exceptions.     Idem, 

supreme   court.     Fitzpatrick   v.   Fitzpatrick,  Cited,  State  v.  N.  C.  E.  E.,  26  Nev.  365 

6  Xev.  63.  (68  P.  294). 

If   evidence,   secondary   or  hearsay   in   its  The    supreme    court    will    consider    objec- 

character,    be    admitted"  without    objection,  tions  to  the  admission  of  evidence  only  upon 

no    advantage  ican    be    taken    of    that    fact  the  grounds  of  objection  as  specified  in  the 

afterward,    and    the    jury    may    and    should  court  below.     Gooch  v.  Sullivan,  13  Nev.  78. 

accept  it  as  if  it  were  admissible  under  the  The    particular    ground    of    objection    or 

strictest    rule    of     evidence.      Sherwood    v.  exception  taken  in  the  course  of  a  trial  is 

.  5  Nev.  349;  Watt  v.  N.  C.  E.  E.  Co.,  required  to  be  stated  so  that  the  court  may 

L'  :  Xev.  154  (62  A.  S.  772,  44  P.  423).  decide  intelligently  upon  it,  and  the  opposite 

If    evidence    is    objected    to    because    the  party   be   afforded   an    opportunity    of   obvi- 

pieadings    are    defective,    the    court    should  ating  the  objection  if  it  be  in  his  power  to 

allow  the  pleadings  to  be  amended.     Jeffree  do  so.     Sharon  v.  Minnock,  6  Nev.  377,  382. 

v.  Walsh,  14  Nev.  144.  The  only  bills  of  exception  which  can  be 

A  bill  of  exceptions,  in  order  to  be  avail-  brought  up  by  appeal  are  those  taken  dur- 
able on  motion  for  a  new  trial  or  on  appeal  ing  the  progress  of  a  cause  before  judgment, 
from  judgment  in  a  civil  case,  must  be  Weinrich  v.  Porteous,  12  Nev.  102,  104. 
reduced  to  writing  and  settled  by  the  judge  If  an  exception  is  actually  taken  at  the 
at  or  before  the  conclusion  of  the  trial.  trial  but  not  drawn  up  in  form  for  the 
Burns  v.  Eodefer,  15  Nev.  59,  61.  judge's  signature,  and  no  note  of  it  is  made, 

The  bill  of  exceptions  cannot  be  reduced  either  by  the  judge  or  clerk,  still  the  party 

tr.    writing    and    settled    after    the    adjourn-  dissatisfied  with  the  judgment  has  the  right 

ment  of  the  term  at  which  the  judgment  is  to  make  his  statement  on  motion  for  a  new 


Sec.  5316 


CIVIL  PRACTICE 


1552 


trial  or  on  appeal,  and  in  either  of  such 
statements  he  may  show  any  exception  that 
he  really  took  during  the  trial,  although 
there  be  no  note  of  the  same.  Lobdell  v. 
Hall,  3  Nev.  507,  529. 

An  objection  to  the  introduction  of  evi- 
dence which  specifies  specifically  the  ground 
of  objection;  therefore,  objecting  to  the 
introduction  of  evidence  upon  the  general 
ground  of  irrelevancy  in  that  it  is  inadmis- 
sible under  the  pleadings,  is  not  specifically 
specific.  Keys  v.  Grannis,  3  Nev.  548,  556. 

The  exceptions  which  may  be  contained 
in  a  bill  of  exceptions  under  Stats.  1885, 
394,  sec.  4,  are  governed  by  this  section,  anc7 
a  bill  of  exceptions  based  on  an  order  of  a 
referee  denying  a  motion  to  set  aside  his 
conclusions  of  law,  and  the  specification 
of  error  relating  thereto,  made  two  or  three 
weeks  after  the  filing  of  his  decision  and 
order  directing  judgment,  and  in  the  absence 
of  and  without  service  on  or  notice  to  the 


adverse  party,  cannot  be  considered. 

ern  E.  and  C.  Co.  v.  Nev.  A.  Co.,  33  Nev.  — 

(110  P.   1129). 

Under  statutes  relating  to  the  makinu  of 
records  on  which  the  rulings  of  a  trial  court 
may  be  reviewed,  both  parties  may  partici- 
pate in  making  the  record,  and  the  supreme 
court  ought  not  to  rely  on  statements  that 
the  adverse  party  has  not  had  an  oppor- 
tunity to  amend  or  correct.  Idem. 

The  findings  of  fact  and  conclusions  of 
law  of  a  referee  cannot  be  considered  on 
appeal  when  they  are  not  included  in  any 
statement  on  appeal  or  motion  for  a  new 
trial  or  proper  bill  of  exceptions,  because 
they  are  not  a  part  of  the  judgment  roll. 
Idem. 

A  simple  reservation  of  exception  is  not 
sufficient;  the  point  of  it  must  be  statol  at 
the  time  the  exception  is  taken  or  it  will  be 
disregarded.  McGurn  v.  Mclnnis,  24  Xev. 
370,  375  (55  P.  304). 


5316.    Exception,  how  taken— Proved  before  supreme  court. 

SEC.  374.  The  point  of  the  exception  shall  be  stated,  and  may  be  deliv- 
ered in  writing  to  the  judge  or  taken  by  the  stenographic  reporter  of  the 
case,  if  there  be  one,  or,  if  the  party  require  it,  shall  be  written  down  by 
the  clerk.  When  delivered  in  writing  or  written  down,  as  above,  it  shall 
be  made  conformable  to  the  truth,  or  be  at  the  time  corrected  until  it  is  so 
made  conformable.  If  the  judge  shall  in  any  case  refuse  to  allow  an 
exception  in  accordance  with  the  facts,  any  party  aggrieved  thereby  may 
petition  the  supreme  court  for  leave  to  prove  the  same,  and  shall  have  the 
right  so  to  do,  in  such  mode  and  manner  and  according  to  such  regulations 
as  the  supreme  court  may  prescribe,  or  by  rules  impose,  and  such  excep- 
tions as  are  allowed  by  said  supreme  court  shall  become  a  part  of  the 
record  of  the  case. 

In  the  absence  of  any  statute  upon  the 
subject,  the  supreme  court  has  no  power  to 
settle  a  statement  on  motion  for  a  new 
trial  in  -a  criminal  case  when  the  district 
court  refuses  to  settle  such  statement 
according  to  the  facts  claimed  by  the  mov- 
ing party.  State  v.  Warren,  18  Nev.  459, 
461  (5  P.  134). 

See  Lobdell  v.  Hall,  under  sec,  373  of  this 
act. 

When  petitioner  has  failed  to  comply  with 
this  section  the  appellate  court  will  not 
allow  exceptions  alleged  to  have  been  taken 
and  refused  where  there  is  a  conflict  in  the 
statement  of  witnesses  based  upon  their 
memory  of  what  occurred.  Lewis  v.  Hyams, 
25  Nev.  242,  258  (59  P.  376). 

5317. 


Cited,  Finnegan  v.  Ulmer,  31  Nev.  r.i'." 
(104  P.  17). 

On  an  application  to  prove  exceptions,  a 
claim  that  a  reporter's  transcript  of  the  pro- 
ceedings does  not  give  correctly  petitioner's 
exceptions  taken  at  the  trial,  is  unsupported 
where  the  transcript  is  accompanied  by  affi- 
davits of  the  reporter  and  others  present 
at  the  trial  as  to  its  correctness.  Lewis  v. 
Hyams,  25  Nev.  242  (59  P.  376). 

See  S.haron  v.  Minnock,  under  sec.  373  of 
this  act. 

An  exception  to  the  rejection  of  certain 
evidence  will  not  be  considered  where  no 
point  to  the  exception  was  stated.  Schwartz 
v.  Stock,  26  Nev.  128,  150  (65  P.  351). 


No  particular  form  required— Substance  of  evidence  or  documents 
may  be  stated. 

SEC.  375.  No  particular  form  of  exception  is  required,  and  where  the 
exception  is  taken  to  a  ruling  upon  an  objection  the  point  of  which  has 
been  stated,  it  is  sufficient  to  note  an  exception  to  the  ruling  without 
repeating  the  point  of  objection.  The  exception  must  be  stated,  with  so 
much  of  the  evidence  or  other  matter  as  is  necessary  to  explain  it.  Docu- 
ments on  file  in  the  action  or  proceedings  may  be  copied,  or  the  substance 
thereof  stated,  or  a  reference  thereto  sufficient  to  identify  them  may  be 
made. 


1553 


CIVIL  PRACTICE 


Sec.  5320 


In  the  absence  of  a  statement  on  motion  v.  Stock,  2(5  Nev.  144  (65  P.  351);  Weinrich 

---"  v.  Porteous,  12  Nev.  104. 

An  exception  to  a  ruling  granting  a 
motion  to  strike  out  portions  of  the  answer, 
taken  three  months  after  the  trial,  is  not 
in  time,  and  should  be  disallowed.  Lewis 
v.  Hyams,  25  Nev.  242,  256  (59  P.  376). 

Orders  denying  motions  to  strike  out  and 
MiiuMid  a  judgment  may  be  presented  by 
statement  on  appeal,  instead  of  by  bill  of 
exceptions.  State  ex  rel.  Equitable  G.  M. 
Co,  v.  Murphy,  29  Nev.  248,  256  (88  P.  335). 

Cited,  Finnegan  v.  Ulmer,  31  Nev.  525 
(104  P.  17). 

See  Western  E.  and  C.  Co.  v.  Nev.  A.  Co., 
under  sec.  373  of  this  act. 

5818.    Matters  deemed  exeepted  to. 

SEC.  376.  The  verdict  of  the  jury,  the  final  decision  in  an  action  or  pro- 
ceeding, the  findings  of  fact,  conclusions  of  law  made  by  the  court,  findings 
of  the  referee,  an  interlocutory  order  or  decision  finally  determining  the 
rights  of  the  parties,  or  some  of  them;  an  order  or  decision  from  which 
an  appeal  may  be  taken ;  an  order  sustaining  or  overruling  a  demurrer, 
allowing  or  refusing  to  allow  an  amendment  to  a  pleading,  striking  out 
a  pleading  or  a  portion  thereof,  refusing  a  continuance;  an  order  made 
upon  ex  parte  application;  and  an  order  or  decision  made  in  the  absence 
of  a  party,  unless  made  with  his  consent,  are  deemed  to  have  been 
exeepted  to. 

I'tah,  32H.S. 

Cited,  Robinson  v.  Kind,  •_»:>  Nev.  L'77  (.V.)  I>.  Hti3). 

CHAPTER  45 

NEW  TRIALS 


In  the  absence  of  a  statement  on  motion 
for  a  new  trial,  the  appellate  court  cannot 
n-vifw  the  action  of  the  court  below  in 
refusing  the  same.  Van  Valkenburg  v. 
Huff.  1  Nev.  142. 

The  act  of  1865,  394,  sec.  2,  similar  to  the 
;il>ove,  has  had  the  following  citations: 

A  defective  finding,  of  facts  is  not  ground 
for  reversing  a  judgment  when  that  defect 
is  not  noticed  or  complained  of  in  the  court 
In-low.  McClusky  v.  Gerhauser,  2  Nev.  52; 
Wliitinore  v.  Shiverick,  3  Nev.  289,  312; 
state  v.  Manhattan  S.  M.  Co.,  4  Nev.  336; 
Warren  v.  Quill,  9  Nev.  259,  267;  Smith  v. 
Lo-nn,  18  Nev.  149,  153(1  P.  678);  Schwartz 


5819.  New  trial  defined. 

.~>;:L'<>.  New  trial,  for  what  causes  granted. 

.".".L'l.  New  trial,  application  for,  how  made 
and  determined  —  Verdict  against 
evidence — Only  two  new  trials. 


5322.  Memorandum      of     exceptions     relied 

upon,  verified  by  attorney  to  be  well 
founded,  must  be  served. 

5323.  Notice    of    intention    to    be   filed    and 

served,  what  must  contain. 

5324.  Motion  based  on  affidavits  and. counter 

affidavits. 

5819.    New  trial  defined. 

SEC.  377.    A  new  trial  is  a  reexamination  of  an  issue  of  fact  in  the  same 
court  after  a  trial  and  decision  by  a  jury,  court,  or  referee. 

Utah,  3291. 

The  method  of  vacating  judgments  is 
regulated  by  statute,  and  its  provisions  must 
be  complied  with  in  order  to  authorize  the 
court  to  act.  The  court  has  no  jurisdiction 
to  set  aside  a  judgment  upon  a  mere  motion. 


act.     Sweeney  v.  Karsky,  25  Nev.  197,  201 
(58  P.  813). 

See  Western  E.  and  C.  Co.  v.  Nev.  A.  Co., 
under  sec.  373  of  this  act. 

If  the  newly   discovered  evidence   brings 
to   light    some   new   fact   bearing   upon   the 
main    question,    and   it   would    be    likely   to 
After   a   verdict   rendered   in   the   district       change    the    result,    a    new    trial    should    be 


State  ex  rel.  Smith  v.  District  Court,  16  Nev. 
371,  373. 


court  upon  the  trial  of  a  case  appealed  from 
a  justice's  court,  the  district  court  has  juris- 
diction where  a  proper  showing  is  made  to 
grant  a  new  tria).  State  ex  rel.  Koppe  v. 
District  Court,  23  Nev.  343,  345  (47  P.  100). 

Cited,  in  dissenting  opinion  of  Bonnifield, 
C.  J.,  Bliss  v.  Grayson,  24  Nev.  459  (56  P. 
231). 

New  trials  and  appeals  in  contested  elec- 
tion cases  are  regulated  by  the  civil  practice 

5320.    New  trial,  for  what  causes  granted. 
SEC.  378.    The  former  verdict  or  other  decision  may  be  vacated,  and  a 


granted.     Gray  v.  Harrison,  1  Nev.  502. 

That  only  is  cumulative  evidence  which  is 
in  addition  to  or  corroborative  of  what  has 
been  given  at  the  trial.  To  render  evidence 
subject  to  this  objection,  it  must  be  cumu- 
lative, not  with  respect  to  the  main  issue 
between  the  parties,  but  upon  some  collateral 
or  subordinate  fact  bearing  upon  that  issue. 
Idem. 


Sec.  5320 


CIVIL  PRACTICE 


1554 


new  trial  granted  on  the  application  of  the  party  aggrieved,  for  any  of  the 
following  causes,  materially  affecting  the  substantial  rights  of  such  party : 

1.  Irregularity  in  the  proceedings  of  the  court,  jury,  referee,  or  adverse 
party,  or  any  order  of  the  court,  or  referee,  or  abuse  of  discretion  by  which 
either  party  was  prevented  from  having  a  fair  trial. 

2.  Misconduct  of  the  jury  or  prevailing  party. 

3.  Accident  or  surprise  which  ordinary  prudence  could  not  have  guarded 
against. 

4.  Newly  discovered  evidence  material  for  the  party  making  the  applica- 
tion which  he  could  not,  with  reasonable  diligence,  have  discovered  and 
produced  at  the  trial. 

5.  Excessive  damages  appearing  to  have  been  given  under  the  influence 
of  passion  or  prejudice. 

r~*  6.  Insufficiency  of  the  evidence  to  justify  a  verdict  or  other  decision,  or 
that  it  is  against  law. 

7.  Error  in  law  occurring  at  the  trial  and  excepted  to  by  the  party  mak- 
ing the  application. 

Utah,  3292. 

For  history  of  this  section,  see  Elder  v. 
Frevert,  18  Nev.  284  (3  P.  237). 

To  justify  a  new  trial  on  the  ground  of 
newly  discovered  evidence,  three  things  must 
be  shown:  First,  materiality  of  evidence; 
second,  that  it  could  not  by  due  diligence 
have  been  produced  at  the  first  trial;  third, 
that  it  is  not  cumulative.  Howard  v.  Win- 
ters, 3  Nev.  539. 

To  justify  the  granting  of  a  new  trial  on 
such  ground,  the  party  applying  for  relief 
should  show  clearly  that  the  failure  to  pro- 
duce evidence  on  the  first  trial  was  not  the 
result  of  negligence  on  his  part.  Idem. 

The  rule  that  a  judgment  must  be  reversed 
where  instructions  on  the  material  point  are 
contradictory  is  not  absolute  and  unqualified. 
If  one  party  asks  for  an  instruction  which 
is  given  by  the  court,  laying  down  a  rule  of 
law  in  language  too  broad  and  unqualified, 
and  the  other  side  then  asks  an  instruction, 
which  is  also  given,  qualifying  and  limiting 
the  former  instruction,  and  to  some  extent 
contradicting  it;  if  the  second  instruction 
contains  only  sound  law,  the  conflict  betwreen 
the  two  is  not  an  error  of  which  the  party 
who  obtained  the  instruction  which  was  too 
broad  and  unqualified  can  complain.  Lob- 
dell  v.  Hall,  3  Nev.  507,  519,  520. 

Instructions  given  or  refused  by  the  lower 
court  will  not  be  inquired  into  on  appeal, 
unless  the  record  shows  that  the  giving  or 
refusal  to  give  them  was  excepted  to  at  the 
time.  Idem. 

Instructions  given  to  a  jury  without 
objection  are  presumed  to  be  with  the  con- 
sent of  the  parties,  and  such  consent  is  a 
waiver  of  any  right  thereafter  to  question 
their  correctness  in  that  case.  Idem. 

A  verdict  or  other  decision  cannot  be  set 
aside  where  no  irregularity  or  error  what- 
ever is  shown,  and  a  verdict  or  decision  is 
in  accordance  with  and  justified  by  the  evi- 
dence. Scott  v.  Haines,  3  Nev.  426,  427. 

When  a  judgment  has  once  been  rendered 


the  court  has  no  right  to  set  it  aside,  except 
in  case  of  error  in  some  respect?  or  injustice 
in  the  result.  Idem. 


A  wrong  reason  for  a  judgment,  which  is 
in  itself  correct,  will  not  vitiate  or  affect  it, 
Idem. 

The  duty  of  determining  the  truth  where 
the  testimony  is  conflicting  belongs  almost 
exclusively  to  nisi  prius  courts,  and  should 
always  be  exercised  and  determined  by  an 
impartial  judgment.  Barnes  v.  Sabron.  10 
Nev.  218,  248. 

The  findings  of  fact  are  liKe  a  special  ver- 
dict of  a  jury,  and  must  be  taken  in  con- 
nection with  the  pleadings  to  support  the 
judgment;  they  cannot  be  detached  from 
each  other,  but  must  be  read  together  for 
the  purpose  of  ascertaining  their  meaning 
and.  if  there  is  any  conflict  or  discrepancy 
between  general  and  specific  findings,  the 
specific  findings  must  control.  Idem. 

Under  the  sixth  subdivision  above  the  dis- 
trict court  is  authorized  to  decide  whether 
the  findings  sustain  the  judgment,  and  its 
action  in  regard  thereto  can  be  reviewed  mi 
appeal  from  an  order  overruling  motion  for 
new  trial.  Idem. 

Facts  held  not  to  indicate  "passion  or 
prejudice"  on  the  part  of  the  jury.  Solen  v. 
V.  &  T.  E.  E.  Co.,  13  Nev.  107,  137;  Murphy 
v.  S.  P.  E.  E.  Co.,  31  Nev.  120,  123  (101  P. 
::2L>);  Burch  v.  S.  P.  E,  E.  Co.,  32  Nev.  75 
(104  P.  239). 

If  the  decision  or  finding  of  a  court  or 
referee  is  against  law,  a  new  trial  is  the 
proper  remedy.  The  decision  is  against  law 
if  it  is  contrary  to,  or  inconsistent  with,  the 
case  made  and  embraced  within  the  issue. 
Marshall  v.  Golden  Fleece  M.  Co.,  16  Nev. 
157,  172,  174. 

When  the  notice  for  motion  for  new  trial 
specified,  as  one  of  the  grounds  relied  upon, 
"that  said  decisions,  findings  and  decree  are 
against  law,"  and  the  specification  of  error 
in  the  statement,  which  would  have  been 
proper  if  classed  under  this  subdivision  of 
error,  was  referred  to  as  an  error  "committed 
by  the  court  on  the  trial  of  the  case,"  it  was 
held  that  the  specification  was  sufficient 
under  proper  subdivision  of  error.  Jones  v. 
Adams,  17  Nev.  84,  85  (28  P.  64). 


1555 


CIVIL  PRACTICE 


Sec.  5320 


Where  a  new  trial  is  applied  for  upon  the 
sixth  ami  the  seventh  grounds  above,  the 
application  must  be  made  upon  statements 
prepared  as  the  statute  requires.  Simpson 
v.  <>gg.  IS  Nev.  28,  31  (1  P.  827). 

The  rule  that  the  supreme  court  will  not 
review  the  evidence  upon  an  appeal  from  the 
judgment  alone,  for  the  purpose  of  determin- 
ing its  suHirieney  to  sustain  the  findings  of 
the  lower  court,  no  motion  for  a  new  trial 
having  been  made,  applies  to  suits  in  equity 
where  the  evidence  is  entirely  documentary 
•I  \\ell  as  all  other  actions.  Burbank  v. 
Kivers,  20  Nev.  81,  82  (16  P.  430). 

Affidavits  in  support  of  motion  for  a  new 
tiial  will  be  stricken  from  the  record  where 
not  shown  by  indorsement  of  the  judge  or 
clerk  to  have  been  read  or  referred  to  on 
the  hearing  of  the  motion,  and  the  require- 
ment cannot  be  avoided  by  incorporating  the 
affidavits  in  the  body  of  the  statement  on 

motion    for    new    trial,   since    unauthorized. 

Iloppin    \.    First   Nat.   Bank.   L'.l    Nev.    84,   '.HI 

:.<;  I',  iii'l). 

When  the  notice  of  intention  to  move  for 
new  trial  designates  subdivision  r.  above,  t  In- 
sufficiency of  the  pleadings  and  errors 
appearing  in  the  judgment  roll  may  be  con- 
sidered on  un  appeal  from  an  order  denying 
a  new  t  ria  I  (  Hon  n  ifield.  < '.  .1..  dissenting). 
lilKs  v.  (iravson.  iT,  Nev.  :',•_". I.  .",  U.  345  59 
I'  s.S8). 

After  a  case  wa-  regularly  called,  evidence 
introduced  and  judgment  regularly  entered 
for  plaintiff  without  defendant's  appearance 
for  trial,  it  was  held  that  such  was  not  a 
judgment  by  default  which  could  !•• 
aside  mi  motion,  but  that  defendant's  remedy 
was  by  motion  for  a  new  trial  under  sub- 
division :;  above.  Luke  v.  Coffee,  31  Nev. 
165,  l«i'.»  (301  P.  555). 

Affidavits  not  filed  until  after  the  denial 
nt  ;i  motion  for  a  new  trial  for  misconduct 
of  parties  could  not  be  considered  on  appeal 
in  reviewing  the  court's  alleged  error  in 
denying  the  motion. 

Where  alleged  misconduct  of  plaintiff's 
guide  in  conducting  the  jury  to  the  mine  in 
controversy  for  a  view  was  immaterial  if 
defendants'  views  of  the  law  were  sustained, 
and  would  probably  have  been  remedied  by 
an  instruction  by  the  court  if  promptly 
brought  to  its  attention  immediately  after 
the  .jury  returned,  but  was  not  called  to  the 
Court's  attention  until  by  defendants'  motion 
for  a  new  trial,  the  court's  refusal  to  grant 
the  motion  on  that  ground,  was  not  error. 
<; olden  v.  Murphy,  31  Nev.  395,  425  (103  P. 
394). 

See  Western  E.  &  C.  Co.  v.  Nev.  A.  Co., 
under  sec.  373  of  this  act. 

Where  a  motion  for  a  new  trial  is  made 
on  the  ground  of  newly  discovered  evidence 
and  also  because  the  evidence  was  insufficient 
to  sustain  the  judgment,  and  it  appeared 
that  there  was  a  substantial  conflict  therein, 
an  order  granting  the  motion  will  not  be  dis- 
turbed on  appeal.  McCafferty  v.  Flinn,  32 
Xev.  269  (107  P.  225). 

The  record  on  appeal  from  an  order  deny- 


ing a  new  trial  should  contain  only  such 
papers  as  were  used  or  referred  to  on  tin- 
hearing  of  the  motion.  Botsford  v.  Van 
K'iper.  :;L>  Xev.  i' 1  I  (106  P.  443). 

The  refusal  of  a  trial  judge  to  pass  upon 
the  sufficiency  of  the  evidence  when  such 
ground  is  alleged  in  support  of  a  motion  for 
a  new  trial,  is  error.  ( i  oldfield-  M  oha  \\  k  M  . 
Co.  v.  Frances-Mohawk  M.  &  L.  Co.,  33  Nev. 
—  (112  P.  43). 

New  trials  not  matters  of  discretion.  The 
granting  or  refusing  a  new  trial  is  not  a 
matter  of  mere  discretion.  Sacto.  &  M.  M. 
Co.  \.  Showers,  li  \e\  .  l!!>l. 

Liquor  used  by  juror,  during  the  progress 
of  a  trial,  or  after  the  case  has  been  sub 
mitted,  unless  furnished  by  the  party  in 
whose  favor  the  verdict  is  given,  or  unless 
it  is  shown  that  intoxicating  effects  were 
produced,  is  no  ground  for  setting  aside  the 
verdict  or  awarding  a  new  trial.  Richard 
son  V  .  Jones.  1  Nev  .  Id."). 

Kvery    irregularity  on   the   part  of  a  jury 

not     authori/e    the     verdict     to    be    set 

aside,    unless    the    party   complaining    shows. 

by    reasonable    presumption    at     least    that    he 

has  been    injured   thereby.       Idem. 

Surplus  matter  in   verdict  no  cause  for  new 
tiial  unless  it  appears  from  that  surplus  mat 
ter    that     the    jury    based    their    verdict     on 
absurd    reasoning   or   false   premises,    Gregory 
v  .    l-'rot  hingham,    1    Nev  .   L'.'i.'!. 

Surprise.  When  a  party  applies  for  a  new 
trial  on  the  ground  of  surprise  lie  must  show 
that  he  has  evidence  which,  if  introduced  on 
a  B6COnd  trial,  will  probably  change  the 
result  ;  or  at  least  has  evidence  tending  to 
rebut  the  point  made  by  the  other  side  which 
he  complains  of  as  a  matter  of  surprise. 
Mc<  Musky  v.  Gerhauser,  2  Nev.  47. 

Accident  and  surprise — Affidavit  when 
insufficient .  — -  Probative  facts.  Brown  v. 
Warren,  17  Nev.  417  (30  P.  1078). 

Mistake  MS  to  material  facts.  A  new  trial 
may  be  granted  for  a  mistake  as  to  a  mate- 
rial fact  if  the  defeated  party  had  no  knowl- 
edge thereof  until  after  the  case  was  closed 
and  ready  for  submission  to  the  jury.  Sultan 
v .  Sherwood,  18  Nev.  454  (5  P.  71). 

Newly  discovered  evidence.  If  bears 
upon  main  question  and  would  be  likely  to 
change  result,  new  trial  should  be  granted. 
Cray  v.  Harrison,  1  Nev.  502. 

New^y  discovered  evidence — Materiality 
of.  Wall  v.  Trainor,  16  Nev.  131. 

New  trial — Newly  discovered  evidence — 
Diligence.  An  affidavit  for  a  new  trial  on 
the  ground  of  newly  discovered  evidence 
which  states  that  the  attorney  "diligently 
searched  for  testimony  to  establish  the 
defense"  is  insufficient.  It  is  too  general. 
The  acts  performed  should  be  particularly 
stated  so  as  to  enable  the  court  to  determine 
whether  the  conclusions  stated  are  supported 
by  the  facts.  Pinschower  v.  Hanks,  18  Nev. 
99  (1  P.  454). 

Newly  discovered  evidence  —  Diligence. 
Manning  v.  Gignoux,  23  Nev.  322  (46  P.  886). 

Excessive  damages.  Barnes  v.  W.  U.  Tel. 
Co.,  24  Nev.  125  (77  A.  S.  791,  50  P.  438); 


Sec.  5321  CIVIL  PRACTICE  1556 

Roberts  v.  Webster,  25  Nev.  94,  125  (57  P.  appellate    court,    if    there    is    a    substantial 

180) ;  Cutler  v.  Pittsburg  Silver  Peak  G.  M.  conflict  in  the  evidence.     McLeod  v.  Lee,  14 

Co.,  34  Nev.—  (116  P.  418).  Nev.  398;  Margaroli  v.  Milligan,  11  Nev.  96; 

No  consideration  of  insufficiency  of  evi-  Worthing  v.  Cutts,  8  Nev.  118;  Smith  v. 
dence  on  appeal  where  no  motion  for  new  Mayberry,  13  Nev.  427;  Phillpotts  v.  Bias- 
trial.  This  rule  settled  beyond  discussion.  del,  8  Nev.  61;  Treadway  v.  Wilder,  9  Nev. 
Conley  v.  Chedic,  7  Nev.  336;  James  v.  67;  Palmer  v.  Culverwell,  24  Nev.  114;  State 
Goodenough,  7  Nev.  324;  Whitmore  v.  v.  V.  &  T.  E.  E.  Co.,  24  Nev.  53;  Eoberts  v. 
Shiverick,  3  Nev.  288;  Cooper  v.  Pac.  Webster,  25  Nev.  94. 

Mutual  Ins.,   Co.,   7   Nev.   116;    Burbank  v.  Statement  of  new  trial — Specification  of 

Eivers,  20  Nev.  81.  insufficiency    of    evidence.      On    motion    for 

Xew  trial  statement  for  insufficiency  of  new  trial  on  the  ground  of  insufficiency  of 
evidence  should  show  all  the  evidence.  The  the  evidence,  it  is  indispensable  in  the  state- 
statement  will  not  be  considered  unless  it  ment  to  designate  the  particulars  in  which 
affirmatively  shows  that  it  contains  all  the  the  insufficiency  consists.  Caldwell  v.  Greely, 
material  evidence  produced  at  the  trial.  5  Nev.  258;  Elder  v.  Shaw,  12  Nev.  78;  Watt 
Sherman  v.  Shaw,  9  Nev.  148.  v.  N.  C.  E.  Co.,  23  Nev.  156  (62  A.  S.  772,  44 

Granting    or    refusing    new    trial — Sound  P.   425);     Beck   v.    Thompson,   22   Nev.    109 

discretion   of  trial  judge   not    disturbed   by  (36  P.  562). 

appellate  court.     The  granting  or  the  refusal  Verdict  contrary  to  law — New  trial.    The 

of  a  motion  for  a  new  trial  on  the  ground  court  properly  instructed  the  jury  as  to  the 

that  the  evidence  does  not  support  the  find-  measure  of  damages,  and  they  brought  in  a 

iii^-s    rests    in    the    sound    discretion    of    the  verdict  contrary  to  such  instruction:  Held, 

trial  judge,  and  such  order  will  not  be  dis-  that  the  court  properly  granted  a  new  trial, 

turbed  by  appellate  courts  when  based  upon  Hoffman  v.  Bosch,  18  Nev.  360  (4  P.  703). 

conflicting  evidence,  and  made  in  the  exer-  Errors  of  law  to  be  pointed  out  in  state- 

cise    of    a    sound    discretion.      Edwards    v.  ments.    A  statement  on  motion  for  new  trial 

Carson  W.  Co.,  21  Nev.  469  (34  P.  381).  on  the  ground  of  errors  in  law  must  particu- 

Conflict  of  evidence.  If  a  new  trial  is  larly  designate  the  errors  relied  on,  other- 
granted  upon  the  ground  that  the  evidence  wise  it  will  be  disregarded.  Caldwell  v. 
is  insufficient  to  sustain  the  verdict,  the  Greely,  5  Nev.  258;  McWilliams  v.  Hersch- 
action  of  the  court  will  be  sustained  by  the  man,  5  Nev.  263. 

5821.    New  trial,  application  for— How  made  and  determined— Verdict 

against  evidence— Only  two  new  trials. 

SEC.  379.  In  an  application  for  a  new  trial,  it  shall  be  sufficient  for  the 
party  applying  for  the  same  to  state,  in  the  language  of  the  statute  only, 
or  in  language  of  similar  import,  one  or  more  grounds  as  specified  in  the 
preceding  section;  provided,  that  when  the  application  is  made  upon  sub- 
divisions 1,  2,  3,  or  4  of  the  preceding  section,  it  must  be  supported  by 
affidavit.  In  all  other  cases  it  must  be  made  upon  the  minutes  of  the  court 
without  statement  or  bill  of  exceptions.  The  application  for  a  new  trial 
shall  be  heard  at  the  earliest  practicable  period  after  notice  of  the  motion, 
if  the  motion  is  to  be  heard  upon  the  minutes  of  the  court,  and  in  other 
cases  after  the  affidavits  are  filed.  It  may  be  brought  to  a  hearing  by 
either  party  upon  five  days'  notice  to  the  opposite  party.  On  such  hearing, 
reference  may  be  had  in  all  cases  to  the  pleadings  and  the  orders  of  the 
court,  and,  when  the  motion  is  made  on  the  minutes,  reference  may  also  be 
had  to  the  depositions,  (Documentary  evidenceTahd  the  stenographic  notes 
or  report  of  the  testimony  "and  the  records  of  the  court.  The  court  or 
judge  granting  or  refusing  a  new  trial  sfiall  state,  in  writing,  generally, 
the  grounds  upon  which  the  same  is  granted  or  refused.  The  verdict  of  a 
jury  may  also  be  vacated  and  a  new  trial  granted  by  the  court  in  which  the 
action  is  pending,  on  its  own  motion,  without  the  application  of  either  of 
the  parties  when  there  has  been  such  a  plain  disregard  by  the  jury  of  the 
instructions  of  the  court,  or  the  evidence  in  the  case,  as  to  satisfy  the  court 
that  the  verdict  was  rendered  under  a  misapprehension  of  such  instruc- 
tions, or  under  the  influence  of  passion  or  prejudice,  but  not  more  than 
two  new  trials  shall  be  granted  by  the  court,  upon  its  own  motion,  or  other- 
wise upon  the  ground  that  the  verdict  is  contrary  to  the  weight  of  the 
evidence. 

It  would  be  error  to  grant  a  new  trial  object.  Whitmore  v.  Shiverick,  3  Nev.  388. 
where  there  is  no  affidavit  and  no  state-  See  Simpson  v.  Ogg,  under  sec.  378  of 

ment    in    support    of    the    motion    for    that       this  act. 


1557                                         CIVIL  PRACTICE  Sec.  5324 

The   verdict   of  a   jury   or   findings  by  a  A  notice  of  motion  for  new  trial,  which 

court   will   not  be   set   aside   on   the   ground  fails  to   designate  the  grounds  upon  which 

that    they    are    not    supported    by    the    evi-  the    motion    will    be    made,    is    insufficient. 

den<-e,   unless   it   appears   by   the   statement  Street  v.  Lemon  M.  &  M.  Co.,  9  Nev.  251, 

that    all   the   evidence   is   before   the   court.  253. 

Howard  v.   Winters,  3  Nev.  541.  The  trial  court,  in  determining  the  right 

The   admission  by  respondent's  attorney,  of  a   party  to  new  trial,  is  not   limited  to 

that  a  statement  on  motion  for  new  trial  is  the  specific  matters  contained  in  the  state- 

rnrn-ct.   does    not    admit    such    statement   to  ment  or  affidavits  on  motion  for  new  trial; 

C<  utain   all  the  evidence  offered,   when  the  and    the    original    pleadings    will    be    con- 

stat«-ment  itself  does  not  purport  to  contain  sidered    as    part    of    the    record    on    appeal, 

it  all.     It  can  only  be  held-  to  be  an  admis-  although    not    embodied   in    such    statement, 

sion  that  so  far  as  the  evidence  is  stated  it  or  identified  as  having  been  read  or  referred 

ia    -rated   correctly.     It    does   not    negative  to  on  the  hearing  of  the  motion.     Bliss  v. 

the    order    of    other    evidence    being    given.  Giayson,  24  Nev.  422,  459  (56  P.  231). 
Llem. 


Memorandum  of  exceptions  relied  upon,  verified  b.v  attorney  to  be 
well  founded,  must  be  served. 
SEC.  380.  Where  the  motion  is  made  upon  the  seventh  cause  mentioned 
in  the  preceding  section,  the  party  moving  shall,  within  ten  days  after  the 
service  of  notice  of  motion  for  a  new  trial,  unless  further  time  be  obtained 
by  stipulation  or  order  of  the  court,  serve  upon  the  adverse  party  a  memo- 
randum of  such  errors  excepted  to  as  he  intends  to  rely  on  upon  the  motion, 
and  such  memorandum  shall  contain  a  verified  statement  of  his  attorney 
that  in  the  judgment  of  such  attorney  the  exceptions  so  relied  upon  are  well 
taken  in  the  law.  No  other  errors  under  subdivision  7  shall  be  con- 
sidered either  upon  the  motion  for  a  new  trial  or  upon  appeal  than  those 
mentioned  in  such  memorandum. 

A    verdict  on  conflicting  evidence  should  agreed   on  by  the  parties,  the  same  should 

i!«it  In-  disturbed,  unless  there  is  a  clear  pre-  be  allowed  and  certified  before  being  used 

1'i'iiderance   of   evidence   against   it,   or   the  on  the  motion.     Collins  v.  Goodwin,  32  Nev. 

court  can  say  that  the  jury  was  swayed  by  342  (108  P.  4). 

improper    motions    from    rendering    a    just  Where  the  parties  submit  a  motion  for  a 

verdict.     Burch  v.  S.  P.  E.  R.  Co.,  32  Nev.  new   trial   on   the   statement   as   agreed   on, 

104  P.   239).  they    waive    the    objection    that    the    state- 

Where    no    objection    is   made   to   a    pro-  ment    was    not    properly    allowed    and    cer- 

posed  amendment  within  the  time  specified,  tified.     Idem. 

ir   is  deemed  to  have  been  accepted  by  the  See   Botsford    v.    Van    Eiper,    under    sec. 

adverse  party  and  the  statement  is  in  effect  378  of  this  act. 

5323.  Notice  of  intention  to  be  filed  and  served,  what  must  contain. 
SEC.  381.    The  party  intending  to  move  for  a  new  trial  must,  within 

five  days  after  the  verdict  of  the  jury,  if  the  action  was  tried  by  jury,  or 
within  ten  days  after  notice  of  the  decision  of  the  court,  or  referee,  if  the 
action  was  tried  without  a  jury,  file  with  the  clerk,  and  serve  upon  the 
adverse  party,  a  notice  of  his  intention,  designating  the  grounds  upon 
which  the  motion  will  be  made  and  whether  the  same  will  be  made  upon 
affidavits  or  upon  the  jniuutej.  of  the  court. 

See  citations  under  sec.  389  of  this  act.  could  not  be  considered.    Imperial  S.  M.  Co. 

Under    the    former    practice    act    it    was  v.     Barstow,     5     Nev.     254,     255,     263-268; 

held  that  findings  are  no  portion  of  the  judg-  Kichards  v.  Howard,  2  Nev.  128;    Corbett  v. 

ment  roll,  and  that  there  was  no  statutory  Job,  5  Nev.  201. 

provision    for    their    introduction    into    the  Sec.   198,  Stats.   1861,  227,  corresponding 

transcript  on  appeal;  that  thev  must  there-  in  part  to  this  section,  was  cited  in  State  v. 

fore  be  brought  up,  if  at  all,  by  means  of  a  C.  P.  E.  E.  Co.,  17  Nev.  268  (30  P.  887). 
statement,   and,   if  not   so   brought  up  they 

5324.  Motion  based  on  affidavits  and  counter  affidavits. 

SEC.  382.  If  the  motion  is  to  be  made  upon  affidavits,  the  moving  party 
must,  within  five  days  after  serving  the  notice,  file  such  affidavits  with  the 
clerk,  and  serve  a  copy  upon  the  adverse  party,  who  shall  have  five  days 
to  file  counter  affidavits,  a  copy  of  which  must  be  served  upon  the  moving 
party. 

Utah,  3296. 


Sec.  5325 


CIVIL  PRACTICE 


1558 


CHAPTER  46 

APPEALS 


5325.  Judgment  or  order,  how  to  be  reviewed.       5344. 

5326.  Order    made    out    of    court,    may    be 

vacated  or  modified,  how.  5345. 

5327.  Party   aggrieved   may   appeal — Appel- 

lant and  respondent  defined.  5346. 

5328.  When   motion   for   new   trial   must   be 

made    before    appeal    taken — When       5347. 
not  necessary. 

5329.  Time  within  which  an  appeal  may  be 

taken. 

5330.  Appeal,  how  taken.  5348. 

5331.  Statement  on  appeal,  how  prepared, 

served,  filed,  amended,  settled. 

5332.  Appeal  from  judgment  and  order  deny-       5349. 

ing  new  trial,  one  statement  for 
both — Statement,  what  to  contain. 

5333.  Idem — Testimony    to    be    reduced    to       5350. 

narrative  form  —  When  complete 
transcript  may  be  furnished. 

5334.  Idem — Bill  may  be  settled  by  referee—      5351. 

Judge  or  other  judicial  officer  may 
settle  after  term  expires — Refusal 
or  death  of  judge,  how  settled  then. 

5335.  If    statement    not    made    within    time       5352. 

limited,  same  waived — Judge  may 
correct  misstatement  of  rulings 
appearing  in  statement. 

5336.  Idem — Further  time  may  be  given  by       5353. 

judge. 

5337.  Statement  to  be  signed  by  judge,  when       5354. 

— By  parties  or  their  attorneys, 
when — To  be  filed  with  the  clerk. 

5338.  Idem — When  copy  of  statement  to  be       5355. 

attached  to  judgment  roll  or  order 
— Appeal  may  be  upon  judgment 
roll  alone — What  errors  considered.  5356. 

5339.  Idem — Appeals  made  from  order  based 

on     affidavit    must    have     copy    of      5357. 
order  annexed. 

5340.  Court    may   review    on    appeal — Inter- 

mediate orders  affecting  judgment.      f).';5s. 

5341.  Appeal     from     agreed     statement     of 

facts,  how  taken.  5359. 

5342.  Findings     contrary     to     judgment     or      5360. 

order — Record  on  appeal. 

5343.  Bill  of  exceptions  may  be  taken  and      5361. 

settled  at  time  of  decision,  order  or 
ruling. 

5825.    Judgment  or  order,  how  to  be  reviewed. 

SEC.  383.  A  judgment  or  order  in  a  civil  action,  except  when  expressly 
made  final  by  this  act,  may  be  reviewed  as  prescribed  by  this  title,  and 
not  otherwise. 


Exhibits,  when  not  included  in  the 
record — Originals. 

Judgment,  when  reversed  for  want  of 
insufficiency  of  finding. 

Undertaking  on  appeal  —  Deposit  — 
State  and  municipalities  excepted. 

Undertaking  for  appeal  from  judg- 
ment or  order  directing  payment  of 
money,  or  dissolving  attachment. 

,     form  of. 

One  undertaking  only  required  for 
appeal  from  judgment  or  order 
denying  new  trial. 

Bond  on  appeal  from  order  or  judg- 
ment directing  delivery  of  docu- 
ments or  personal  property. 

Appeal  from  judgment  or  order  direct- 
ing execution  of  conveyance  stays 
act. 

Appeal  from  judgment  or  order  direct- 
ing sale  of  property  does  not  stay 
execution  unless  undertaking  given 
— Mortgaged  premises. 

Appeal  stays  further  proceedings — 
In  appeal  by  executor,  trustee  or 
administrator,  court  may  dispense 
with  or  limit  undertaking. 

Undertakings  may  be  in  one  instru- 
ment in  certain  cases. 

Affidavit  of  sureties — Undertaking  on 
appeal,  waiver  of — Deposit  in  lieu 
of  undertaking. 

Appeal  stays  proceedings  except  on 
order  directing  sale  of  perishable 
property. 

Appeal  from  final  judgment  or  order — 
Transcript  of,  what  to  consist. 

Transcript  on  appeal  may  be  either 
printed  or  typewritten — Rule  of 
costs. 

Appeals  not  to  be  dismissed  except  for 
substantial  errors  in  proceeding. 

Power  of  appellate  court  on  appeal. 

Judgment  on  appeal,  how  certified  and 
entered. 

Execution  for  costs  to  be  issued  when 
remittitur  filed. 


Where  the  district  court,  in  a  case  cer- 
tified to  it  from  a  justice's  court,  renders 
judgment  on  an  issue  exclusively  within 
the  jurisdiction  of  the  justice,  the  supreme 
court  has  no  jurisdiction  of  an  appeal  from 
the  judgment.  Union  Ditch  Co.  v.  Leete,  24 
Nev.  345  (54  P.  724). 

When  an  error  appears  on  the  face  of  a 
judgment  roll,  in  computation  or  anything 
of  that  character,  which  would  have  been 
corrected  in  the  court  before  if  attention  had 
been  called  to  it,  and  an  appellant  had  an 
opportunity  to  do  so,  which  he  neglected, 


the  supreme  court  will  make  the  proper 
correction  at  the  cost  of  the  appellant,  but 
costs  will. not  be  imposed  if  the  appellant  did 
not  have  such  opportunity  in  the  lower 
court.  Flannery  v.  Anderson,  4  Nev.  444. 

Where  a  fact,  necessary  to  be  proven  to 
support  a  judgment,  was  found  by  a  district 
court,  and  there  is  nothing  in  the  record  on 
appeal  to  negative  such  finding,  it  will  be 
presumed  to  have  been  established  by  com- 
petent and  satisfactory  evidence.  Idem. 

Cited,  Peters  v.  Jones,  26  Nev.  259,  263, 
265,  266  (66  P.  745). 


1559  CIVIL  PRACTICE  See.  5329 


an   appeal  is  taken   from  an  order  on  appeal  was  filed  with  the  clerk,  or  that  a 

made  on  affidavits,  no  statement  is  required,  copy  of  it  was  served,  or  that  it  was  agreed 

and  those  sections  of  the  practice  act  mak-  to,  or  settled  by  the  judge,  it  was  held  that 

in^   it  the  duty  of  the  appellant  to  prepare  it  did  not  comply  with  any  of  the  require- 

a    statement    containing    the    grounds    upon  ments  of  the  statute  and  could  not  be  con- 

v>hirh  he  intends  to  rely  on  appeal,  have  no  sidered.     Baum  v.  Meyer,  16  Nev.  91,  92. 

application  to  an  appeal  from  such  an  order.  cited,  State  v.  Y.  J.  S.  M.  Co.,  14  Nev. 

(iiay   v.   Harrison,  1  Nev.  50±  i!40. 

Xc\v  trials  and  appeals  in  contested  elec-  The    court     cannot    consider    an     appeal 

tion  cases  are  regulated  by  the  civil  practice  where    no    notice    of,    or    undertaking    on, 

art.     Lynip  v.  Buckner,  22  Nev.  426,  435  (30  appeal  has  been  filed,  even  though  counsel 

U  R.  A.  354,  41  P.  762)  ;   Sweeney  v.  Karsky,  1>\     express    stipulation    waived    the    same. 

LM  Nev.  H»7  (58  P.  813).  Mara  v.  Lewis,  24  Nev.  306,  307  (53  P.  600). 

A    statement    on    appeal    must   contain    a  Cited,  Kirman   v.   Johnson,   30  Nev.   146, 

spec  ill,-  statement  of  the  particular  errors  or  l.'l.   Mi'  (93  P.  500). 

grounds  relied  on.     Corbett  v.  Job,  5  Nev.  Marx    v.    Lewis,    24    Nev.    306,    reversed, 

801,204;    Irwin  v.  S;imson,  10  Nev.  383.  HofVman    v.    Owens,    31    Nev.    481,    483(103 

Where  it   is  not  shown  that  the  statement  P.    414). 

5326.  Order  made  out  of  court  may  be  vacated  or  modified,  how. 

SEC.  384.  An  order  made  out  of  court,  without  notice  to  the  adverse 
party,  may  be  vacated  or  modified  without  notice,  by  the  judge  who  made 
it  or  may  be  vacated  or  modified  on  notice,  in  the  manner  in  which  other 
motions  are  made. 

K.-IT.  C,  C,  P.,  W7. 

5327.  Party  a<r<rrieved  may  appeal—  Appellant  and  respondent  defined. 
SEC.  385.    Any  party  aggrieved  may  appeal  in  the  cases  prescribed  in 

this  title.    The  party  appealing  shall  be  known  as  the  appellant,  and  the 
adverse  party  as  the  respondent. 

Kerr,  C.  O.P.. 

Cited,  Gaudette  v.  Glis.san,  11  Nev.  ls:>. 


When  motion  for  new  trial  must  be  made  before  appeal  taken—- 
When not  necessary. 

SEC.  386.  Where  the  appeal  is  based  upon  the  ground  that  the  evidence 
is  insufficient  to  justify  the  verdict  or  decision  of  the  court,  or  to  support 
the  findings,  or  upon  alleged  errors  in  ruling  upon  the  evidence,  or  upon 
instructions  claimed  to  be  erroneous,  a  motion  for  a  new  trial  must  be  made 
and  determined  before  the  appeal  is  taken.  In  all  other  cases  the  party 
aggrieved  may  appeal  with  or  without  first  moving  for  a  new  trial  ;  but  by 
appealing  without  first  moving  for  a  new  trial,  the  right  to  move  for  a  new 
trial  is  waived. 

5329.    Time  within  which  an  appeal  may  be  taken. 

SEC.  387.     An  appeal  may  be  taken  : 

1.  From  a  final  judgment  in  an  action  or  special  proceeding  commenced 
in  the  court  in  which  the  judgment  is  rendered,  within  six  months  after 
the  rendition  of  the  judgment. 

2.  From  an  order  granting  or  refusing  a  new  trial,  or  refusing  to  grant 
or  dissolve  an  injunction,  or  appointing  or  refusing  to  appoint  a  receiver, 
or  dissolving  or  refusing  to  dissolve  an  attachment,  or  changing  or  refus- 
ing to  change  the  place  of  trial,  and  from  any  special  order  made  after 
final  judgment,  within  sixty  days  after  the  order  is  made  and  entered  in 
the  minutes  of  the  court. 

3.  From  an  interlocutory  judgment,  order  or  decree  hereafter  made  or 
entered  in  actions  to  redeem  real  or  personal  property  from  a  mortgage 
thereof  or  lien  thereon,  determining  such  right  to  redeem  and  directing  an 
accounting,  and  from  an  interlocutory  judgment  in  actions  for  partition 
which  determines  the  rights  and  interests  of  the  respective  parties  and 


Sec.  5329 


CIVIL  PRACTICE 


1560 


directs  partition,  sale  or  division  to  be  made,  within  sixty  days  after  the 
rendition  of  the  judgment  or  order. 

See  sees.  319,  4833. 

Appeals  in  probate  proceedings,  sees.  6089,  6112,  6133. 

Cited,  Cal.  St.  Tel.  Co.  v.  Patterson,  1 
Nev.  151,  155,  159. 

Where  the  notice  of  appeal  is  filed  one 
day  before  the  expiration  of  the  time 
limited  for  taking  an  appeal,  but  the  under- 
taking is  not  filed  until  three  days  after 
the  expiration  of  that  time,  but  within  five 
days  after  the  filing  of  the  notice  of  appeal, 
it  was  held  that  the  appeal  was  taken 
within  the  year  allowed  by  statute.  Peran 
v.  Monroe,  1  Nev.  484,  486. 

An  appeal  is  taken  by  the  filing  and 
serving  of  the  notice,  but  it  is  effectual  for 
no  purpose  until  the  undertaking  is  filed, 
and  the  failure  to  file  such  undertaking 
within  the  time  prescribed  renders  the 
notice  nugatory,  but  if  filed  within  that 
time,  it  relates  back  to  the  time  of  filing 
and  service  of  the  notice  of  appeal.  Idem. 

Under  this  section  an  appeal  is  author- 
ized from  an  order  refusing  to  change  the 
place  of  trial.  Table  Mt.  G.  &  S.  M.  Co. 
v.  Waller's  Defeat  S.  M.  Co.,  4  Nev.  218 
(97  A.  D.  526). 

An  affidavit  for  change  of  venue,  that 
affiant  "verily  believes  and  so  says  that 
the  convenience  of  witnesses  and  the  ends 
of  justice  would  be  promoted  by  the 
change  of  the  place  of  trial,"  states  mere 
conclusions,  and  not  facts,  and  is  clearly 
insufficient.  Kercheval  v.  McKenney,  4 
Nev.  294,  296. 

Where  an  appeal,  devoid  of  merit, 
appears  to  have  been  made  for  delay, 
damages  in  addition  to  costs  will  be 
imposed.  Idem. 

Cited,  Peters  v.  Jones,  26  Nev.  264  (66 
P.  745). 

The  practice  act  of  this  state  allows  an  . 
appeal    from    an    order    setting    aside   judg- 
ment.    Ballard  v.  Purcell,  1  Nev.  342. 

During  the  term  in  which  judgment  is 
rendered,  the  court  has  complete  control 
of  it,  and  upon  a  proper  showing  may  set 
it  aside.  Idem. 

The  district  court  has  jurisdiction  in 
all  chancery  cases,  whatever  may  be  the 
ainount  in  controversy.  Wilde  v.  Wilde,  2 
Nev.  308. 

Under  the  statute  providing  for  the  pay- 
ment of  alimony  pendente  lite,  the  court 
cannot  make  an  order  for  the  payment  of 
past  expenses  after  the  suit  has  been  finally 
decided  against  the  wife,  although  the 
motion  was  made  before  the  decision  of 
the  case.  Idem. 

An  appeal  does  not  lie  from,  the  action 
of  a  district  court  in  simply  sustaining  the 
demurrer;  there  must  be  a  final  judgment 
in  such  case  before  an  appeal  can  be  taken. 
Keyser  v.  Taylor,  4  Nev.  435,  436. 

An  order  refusing  to  transfer  a  cause 
from  a  state  district  court  to  a  United 
States  court  is  not  one  of  the  orders  con- 


templated  by  this  section  and  no  direct 
appeal  lies  therefrom.  State  ex  rel.  Comb. 
S.  M.  Co.  v.  Curler,  4  Nev.  445,  446. 

Where  the  record  on  appeal  discloses 
simply  the  sustaining  of  a  demurrer,  with- 
out showing  a  judgment,  the  appeal  will  be 
dismissed.  Idem. 

Where  the  clerk,  in  entering  an  order 
overruling  defendant's  motion  for  a  new 
trial,  enters  defendant's  name  incorrectly, 
defendant  is  bound  to  take  notice  that  the 
order  was  meant  for  his  case,  and,  in  the 
absence  of  proof  that  he  was  deceived  or 
misled  by  the  mistake,  the  time  within 
which  he  must  take  an  appeal  begins  to 
run  from  the  date  of  such  entry,  and  not 
from  that  of  an  order  nunc  pro  tune  correct- 
ing the  mistake.  Burbank  v.  Rivers,  20 
Nev.  159  (18  P.  753). 

Cited,  Ranft  v.  Young,  21  Nev.  402  (32 
P.  490). 

An  appeal  not  taken  within  the  time 
allowed  by  law  must  be  dismissed.  Paroni 
v.  Simonsen,  33  Nev.— (115  P.  415). 

Upon  a  writ  of  prohibition  the  appellate 
court  cannot  review  an  interlocutory  order 
of  the  court  below.  That  can  only  be 
reviewed  on  appeal  from  the  final  judg- 
ment. Low  v.  Crown  Point  M.  Co.,  2  Nev. 
75,  79. 

Cited,  Peran  v.  Monroe,  1  Nev.  484. 

Former  section  330,  act  of  1869,  196, 
held  not  to  allow  an  appeal  from  an  order 
requiring  a  party  to  give  a  bond,  nor  from 
an  order  appointing  a  receiver.  Meadow 
Valley  M.  Co.  v.  Dodds,  6  Nev.  261,  263. 

Cited,  Winter  v.  Winter,  8  Nev.  136. 

Cited,  Kehoe  v.  Blethen,  10  Nev.  446,  453. 

The  supreme  court  has  appellate  juris- 
diction only  in  cases  commenced  or  tried 
by  a  court.  The  legislature  may  enjoin 
upon  a  judge  the  performance  of  judicial 
functions  in  matters  outside  of  actions  or 
proceedings  in  courts,  but,  in  such  cases, 
there  is  nothing  in  the  statutes  authorizing 
an  appeal  from  his  orders.  Lyon  Co.  v. 
Esmeralda  Co.,  18  Nev.  169  (1  P.  839). 

If  an  appeal  lies  from  an  order  refusing 
to  open  a  default,  under  the  provisions  of 
sec.  330,  Stats.  1869,  196,  it  must  be  taken 
within  sixty  days  or  the  right  of  appeal 
therefrom  is  lost.  Reinhart  v.  Company 
D,  23  Nev.  369,  371  (47  P.  979). 

Where  a  suit  to  foreclose  a  mechanic's 
lien  is  brought  in  a  justice's  court  and 
appealed  to  the  district  court,  it  was  held 
that  an  appeal  lies  from  the  district  court 
to  the  supreme  court.  Dickson  v.  Corbett, 
M>  Nev.  442,  446. 

The  supreme  court  has  no  appellate 
jurisdiction  in  cases  of  contempt,  where 
the  proceeding  is  purely  criminal.  Phillips 
•v.  Welch,  11  Nev.  189,  190. 

An    appeal    from    a    special    order    made 


1561 


CIVIL  PRACTICE 


Sec.  5380 


after  final  judgment  must  be  taken  within 
sixty  days  after  the  order  is  made.  Wein- 
rich  v.  Porteous,  12  Nev.  104. 

n.cler  former  sec.  330  (Stats.  1869,  196) 
it  was  held:  If  an  appeal  from  the  judg- 
ment is  not  taken  within  one  year,  it  will 
lu>  dismissed,  bolomon  v.  Fuller,  13  Nev. 
876,  278. 

A  party  having  the  right  to  appeal  may, 
within  twenty  days  after  the  entry  of  the 
judgment  or  'order,  file  his  statement  upon 
appeal  and  have  it  settled  by  the  judge, 
and,  within  the  time  limited,  jurisdiction 
oi  the  case  for  that  purpose  is  retained  by 
tin-  district  court,  even  though  the  appeal 
be  perfected  before  such  statement  is  pre- 
pared. James  v.  Leport,  19  Nev.  175,  176 
(8  P.  47). 

Cited,  in  dissenting  opinion  of  Belknap, 
J.,  Alexander  v.  Archer,  21  Nev.  32  (24  P. 

Under  the  former  practice  act  an  order 
changing  the  place  of  trial  was  not  appeal- 
able,  but  was  held  properly  brought  before 
the  court  as  an  intermediate  order  involv- 
ing the  merits  and  necessarily  affecting  the 
judgment.  State  v.  Shaw,  21  Nev.  222,  224. 

cited,  Comstock  M.  &  M.  Co.  v.  Allen, 
L'l  Nev.  325,  328(31  P.  434);  Marx  v. 
Lewis,  24  Nev.  306  (53  P.  600). 

Orders  denying  motions  to  strike  out 
and  amend  a  judgment  may  be  presented 
by  statement  on  appeal,  instead  of  by  bill 


of  exceptions.  State  ex  rel.  Equitable  G. 
M.  Co.  v.  Murphy,  29  Nev.  248,  256  (88  P. 
335). 

An  appeal  from  an  order  setting  aside  a 
default  entered  by  the  clerk  is  not  within 
the  cases  in  which  sec.  330  (Stats.  1869, 
196)  provides  that  an  appeal  may  be  taken 
and  therefore  mandamus  will  not  lie. 
State  ex  rel.  Botsford  v.  Langan,  29  Nev. 
459,  463,  464  (91  P.  737). 

The  time  within  which  an  appeal  must 
be  taken  begins  to  run  from  the  date  the 
court  made  its  decision  and  ordered  judg- 
ment to  be  entered  accordingly,  though  the 
judgment  was  not  entered  until  later. 
Central  Trust  Co.  v.  Holmes  M.  Co.,  30  Nev. 
437,  439  (97  P.  390). 

An  order  increasing  alimony  pendente 
lite  is  not  appealable,  not  being  embraced 
by  sec.  330,  Stats.  1869,  196,  prescribing 
what  judgments  and  orders  may  be 
appealed.  Kapp  v.  Kapp,  31  Nev.  70,  72 
(99  P.  1077). 

Under  sec.  330,  Stats.  1869,  196,  expressly 
requiring  that  appeals  from  judgments  be 
taken  within  one  year  after  the  rendition 
thereof,  one  not  so  taken  must  be  dis- 
missed. Candler  v.  Washoe  Lake  Ditch  Co., 
28  Nev.  151,  162,  163  (80  P.  751);  Luke  v. 
Coffee,  31  Nev.  165,  167  (101  P.  555). 

An  appeal  taken  before  the  rendition  of 
a  judgment,  will  be  dismissed.  Elko- 
Tuscarora  M.  Co,  v.  Wines,  24  Nev.  305  (53 


P.  177). 

5330.    Appc.-il.  lio\v  t;i ken. 

SEC.  388.  An  appeal  is  taken  by  filing  with  the  clerk  of  the  court  in 
which  the  judgment  or  order  appealed  from  is  entered,  a  notice  stating 
the  appeal  from  the  same  or  some  specific  part  thereof,  and  within  three 
days  thereafter  serving  a  similar  notice  or  copy  thereof  on  the  adverse 
party  or  his  attorney.  When  the  appeal  is  from  the  judgment  and  from 
an  order  denying  a  motion  for  a  new  trial,  one  notice  of  appeal  so  specify- 
ing shall  be  sufficient.  The  order  of  service  is  immaterial,  but  the  appeal 
is  ineffectual  for  any  purpose  unless  within  five  days  after  service  of  the 
notice  of  appeal  an  undertaking  be  filed,  or  a  deposit  of  money  be  made 
with  the  clerk,  as  hereinafter  provided,  or  the  undertaking  be  waived  by 
the  adverse  party  in  writing. 

not  be  affected  by  a  reversal  of  the  parts 
specified,  it  was  held  that  the  appellate 
court  has  no  jurisdiction  over  the  other 
parties,  or  over  the  judgment  in  so  far  as 
it  affects  them.  Dick  v.  Bird,  14  Nev. 
161,  163. 

A  copy  of  the  notice  of  appeal,  as  filed, 
must  be  served  before  or  at  the  time  of 
filing  the  undertaking  on  appeal.  Johnson 
v.  Badger  M.  &  M.  Co.,  12  Nev.  261. 


See  annotations  under  sec.  389  of  this 
;ict. 

Cited,  Cal.  St.  Tel.  Co.  v.  Patterson,  1 
Xev.  160. 

A  notice  of  appeal  given  orally  to 
respondents,  even  if  given  in  open  court  and 
entered  on  the  minutes  of  the  court,  is  not 
sufficient  to  make  an  appeal  and  dispense 
with  the  filing  of  a  written  notice.  Lam- 
bert v.  Moore,  1  Nev.  345-347. 

The  filing  and  service  of  a  written  notice 
of  appeal  must  be  followed  by  the  filing  of 
a  proper  undertaking,  or  the  deposit  in  lieu 
thereof,  within  five  days,  or  the  notice 
becomes  inoperative  and  a  nullity.  Idem. 

See  Peran  v.  Monroe,  under  sec.  387  of 
this  act.  • 

Where  the  notice  of  appeal  specifies 
only  a  part  of  the  judgment,  and  is  served 
only  upon  the  parties  whose  interests  would 


The  notice  should  state  that  appellants 
do  appeal,  not  that  they  will  appeal.  Simpson 
v.  Ogg,  18  Nev.  29  (1  P.  827). 

A  party  may  appeal  from  the  whole  or 
any  part  of  a  judgment.  State  v.  C.  P.  B. 
E.  Co.,  21  Nev.  175  (26  P.  225). 

Cited,  Marx  v.  Lewis,  24  Nev.  306  (53  P. 
600),  which  decision  was  reversed. 

Notices  of-  appeal  are  to  be  liberally 
construed  and  they  will  be  held  sufficient, 


Sec.  5331  CIVIL  PRACTICE  1562 

if,     by     fait     construction     or     reasonable  be  taken  begins  to   run  from  the   date  the 

intendment,    the    court    can    say    that    the  court   made   its   decision   and   ordered   judg- 

appeal    is    taken    from    a    judgment    or    an  ment  to  be  entered  accordingly,  though  the 

order  in  a  particular  case.    Bliss  v.  Grayson,  judgment  was  not  entered  until  later.    Cen- 

24  Nev.  422,  434  (56  P.  231).  tral   Trust   Co.   v.   Holmes   M.   Co.,   30   Nev. 

Where    codefendants    have    made    a    sep-  437,  439  (97  P.  390). 

arate  motion   for  new   trial,   the   defendant  The    order    in    which    the    notice    is    filed 

whose  motion  is  denied  may  appeal  without  and    served    is    immaterial.      State    ex    rel. 

serving  a  notice  of  appeal  on  his  codefend-  Jones  v.  Brown,  30   Nev.  495,  503,   504  (98 

ants,   whose   motion   has   never  been   passed  P.  371). 

upon  by  the  court,  and  who  are  not  adverse  Service    of   notice    of   appeal,   what    held 

parties  to  the  appellant.     Idem.  substantial  compliance.     Clark  v.  Strouse,  11 

The  time   within   which   an   appeal   must  Nev.  76. 

5331.    Statement  on  appeal,  how  prepared,  served,  filed,  amended  and 

settled. 

SEC.  389.  When  the  party  who  has  the  right  to  appeal  wishes  a  state- 
ment of  the  case  to  be  annexed  to  the  record  of  the  judgment  or  order,  he 
shall,  within  twenty  days  after  the  entry  of  such  judgment  or  order,  if  he 
or  his  attorney  was  present  at  the  time  of  the  making  or  entry  thereof,  or 
if  the  appeal  is  from  a  judgment  based  upon  a  verdict,  and  in  other  cases 
within  twenty  days  after  receiving  written  notice  of  the  entry  of  the 
judgment  or  order,  prepare  a  proposed  statement,  and  number  the  pages 
and  lines  thereof,  which  proposed  statement  shall  specify  the  particular 
errors  or  grounds  upon  which  he  intends  to  rely  on  the  appeal,  and  shall 
contain  so  much  of  the  evidence  as  may  be  necessary  to  explain  the  par- 
ticular errors  or  grounds  specified,  and  no  more,  and  shall  file  the  same 
with  the  clerk  and  serve  a  copy  thereof  upon  the  adverse  party,  but 
only  one  copy  need  be  served  upon  the  parties  who  are  represented  by  the 
same  attorney  in  the  action,  and  no  service  need  be  made  upon  any  party 
whose  default  has  been  entered.  The  respondent  may,  within  ten  days 
thereafter,  prepare  and  file  amendments  to  the  statement,  referring  to  the 
page  and  line  thereof,  and  shall  serve  a  copy  of  the  amendments  on  the 
appellant,  who  shall,  within  five  days  thereafter,  give  written  notice  to 
the  party  filing  amendments  if  he  declines  admitting  the  amendments,  or 
they  shall  be  deemed  accepted.  If  the  amendments  are  so  accepted,  either 
party  may  incorporate  them  in  a  new  statement,  embodying  all  matter  in 
the  original  statement  not  in  conflict  with  the  amendments,  and  present 
the  same  to  the  judge  or  referee  for  his  approval;  or  if  no  amendments  are 
served,  or  if  served  are  accepted,  the  proposed  statement  may  be  presented 
with  the  amendments,  if  any,  to  the  judge  or  referee  for  settlement  without 
notice  to  the  adverse  party.  If  the  amendments  be  not  accepted,  the  state- 
ment and  amendments  shall  be  presented  to  the  court,  or  to  the  judge  or 
referee  who  tried  or  heard  the  case  upon  notice  of  two  days  to  the  respond- 
ent, and  a  true  statement  shall  thereupon  be  settled  by  the  court  or  such 
judge  or  referee.  When  the  proposed  statement  and  amendments  are 
received  by  the  clerk,  and  the  appellant  files  the  notice  declining  to  admit 
the  amendments,  the  clerk  must  immediately  deliver  the  statement  and 
amendments  to  the  judge  if  he  be  in  the  county;  if  he  be  absent  from  the 
county,  and  either  party  desires  the  papers  to  be  forwarded  to  the  judge, 
the  clerk  must,  upon  notice  in  writing  from  such  party;  immediately  for- 
ward them  to  the  judge  by  mail  or  other  safe  channel.  If  not  thus  for- 
warded, the  clerk  must  deliver  them  to  the  judge  immediately  after  his 
return  to  the  county.  When  received  from  the  clerk,  the  judge  must 
designate  the  time  at  which  he  will  settle  the  statement,  and  the  clerk  must 
immediately  notify  the  parties  of  such  designation.  At  the  time  designated 
the  judge  must  settle  the  statement. 

As  this  act  has  dispensed  with  the  necessity  for  any  statement  on  motion  fora  new  trial, 
and  requires  only  a  statement  on  appeal,  in  case  an  appeal  is  taken,  reference  is  here  made 
by  analogy  to  the  more  important  decisions  regarding  statements  on  motion  for  a  new  trial 


1563 


CIVIL  PRACTICE 


Sec.  5881 


which  were  required  under  the  former  practice,  section  197  of  the  old  act,  and  which  gener- 
ally served  the  purpose  of  a  statement  on  appeal,  as  well  as  to  cases  relating  to  statements 
on  appeal. 


Tliis  section,  corresponding  to  Stats.  1861, 
.'!4<>.  sec.  195,  has  been  construed  in  the 
following  cases:  Gregory  v.  Frothingham, 
.1  Xev.  253,  258-260;  Hoopes  v.  Meyer,  1 
Xev.  433,  439;  Lock  wood  v.  Marsh,  3  Nev. 
138,  I:!!':  Whitmore  v.  Shiverick,  3  Nev. 
288,  300;  Lobdell  v.  Hall,  3  Nev.  507,  531. 

statement  must  be  filed  in  time.  A 
statement  on  motion  for  new  trial  which  was 
not  filed  within  the  time  allowed  by  law 
should,  on  motion,  be  stricken  out.  Williams 


Ml  .2*  P.  1040);  White  Pine  Co.  v.  Herrick, 
19  Nev.  311(10  P.  215);  Howard  v.  Win- 
ters, 3  Nev.  539;  Terry  v.  Berry,  13  Nev. 
.114;  Greeley  v.  Holland,  14  Nev.  320; 
Bowker  v.  Goodwin,  7  Nev.  135;  Libby  v. 
Dalton,  9  Nev.  23;  Lonkey  v.  Wells,  16 
Nev.  271;  McLeod  v.  Lee,  17  Nev.  103 
(38  P.  124);  Caples  v.  C.  P.  R.  Co.,  6  Nev. 
265;  In  Re  Winkleman,  9  Nev.  303;  Bailey 
v.  Papina,  20  Nev.  177  (19  P.  33). 

Evidence    to    be     inserted.       When     the 


Y.  Rice,  13  Nev.  235;  Harrison  v.  Lockw^ood,       appellant    does    not    rely    upon    the    "insuffi- 

\       '  \          .1-  »>*;•*.          I.»  ,  .  I   .   !    i  ,   .  -  ,   .   i  ,      t-          I  ->..,.   ...•,  1O        \'       .  t  •         •>'»    1  ...  i  ,r»  »-»:,*  »r        s^-f       4-Vk^k        s\-**l  .1  ST.-**  ^  ,*     "        I  4-        i.  sxw*!**. 


14  Xev.  263;  Robinson  v.  Benson,  19  Nev.333 
(10  P.  441);  G.  F.  M.  Co.  v.  Cable  Co.,  15 
Nev,  4.-.M. 

statement  must  be  made  within  statu- 
tory time.  Tull  v.  Anderson,  15  Nev.  426. 

-igniiient  of  error  —  Insufficiency  of 
evidence-  -Findings  of  fact.  Watt  V.  N.  C. 
!,'  <  0.,  23  Nev.  156  (62  A.  S.  772,  44  P.  423); 
Keck  v.  Thompson.  22  Xev.  109  (36  P.  562). 

The  method  of  making  and  settling  state- 
ments on  motion  for  new  trial  commented 
on.  Lew  v.  Fargo.  1  \e\ .  417;  Bliss  v. 
Craysnn.'  21  Xev.  422  (56  P.  231 );  IToppin 
v.  Cheney,  24  Xev.  222  (52  P.  12). 

M  ran  ing  of  "settled"  in  judge's  rertifi 
The  express  requirement  of  the 
statute,  that  a  judge's  certificate  to  a 
settled  statement  on  motion  for  a  new  trial 
shall  allirm  it  s  correctness,  does  not  preclude 
such  presumptions  as  fairly  arise  from  the 
language  actually  employed;  so  that  when 
a  judge  certifies  that  he  has  settled  a  state 
ment,  he  in  effect  certifies  that  it  is  a  true 
and  correct  statement.  Overman  S.  M.  Co. 
\.  . \mei-i. -a n  M.  Co.,  7  Nev.  312. 

Stipulation  of  counsel  ignoring  the  posi- 
ti\e  requirements  of  law  will  be  disre- 
garded. April  Fool  M.  Co.  v.  Dooley,  24 
Xev.  290  (52  P.  648). 

Xew  trial  order  reversed,  if  not  sup- 
ported. On  appeal  from  an  order  granting 
a  new  trial,  if  the  affidavits  upon  which  it 
was  granted  are  not  identified  so  as  to 
ei  title  them  to  be  considered,  the  order, 
having  no  foundation,  will  be  reversed. 
Dean  v.  Pritchard,  9  Nev.  232;  Albion  M. 
Co.  v.  Richmond  Co.,  19  Nev.  225  (8  P. 
480);  Hoppin  v.  First  Nat.  Bank,  25  Nev. 
00, 

Certificate  of  judge  to  statement.  If  it 
be  stated  in  a  statement  that  it  contains  all 
the  material  evidence,  the  certificate  of 
the  judge  to  the  correctness  of  the  state- 
ment is  sufficient  to  establish  that  fact; 
but  a  certificate  that  a  statement  is  cor- 
rect does  not  show  that  it  contains  all  the 
e\  idence  when  that  fact  is  not  stated  in  it. 
Sherwood  v.  Sissa,  5  Nev.  349. 

statement  not  containing  all  the  evi- 
dence. Where  the  statement  does  not  show 
that  it  contains  all  the  evidence,  it  will  be 
[.resumed  that  the  findings  were  supported 
by  the  evidence.  Gammans  v.  Roussell,  14 
Xev.  171;  Mandelbaum  v.  Liebes,  17  Nev. 


cency  o  the  evidence,"  it  is  only  necessary 
to  insert  so  much  of  the  evidence  as  is 
necessary  to  explain  the  particular  errors 
relied  on.  Rose  v.  Richmond  M.  Co.,  17 
Nev.  25  (37  P.  1105). 

Statement — Particulars  must  be  stated. 
A  statement  must  specify  the  particulars  in 
which  the  evidence  is  alleged  to  be  insuf- 
ficient, or  it  will  be  disregarded.  Dick  v. 
Bird,  14  Nev.  161;  Lamance  v.  Byrnes,  17 
Nev.  197(30  P.  700);  Uosina  v.  Trow- 
1. ridge,  20  Nev.  105  (17  P.  751). 

Objection  to  evidence — Grounds  of  must 
1-  Mated.  Rosina  v.  Trowbridge,  20  Nev. 
KM. 

Findings  —  Documentary  evidence  must 
be  embodied  in  a  statement.  Neither  the 
findings  of  the  court  below,  nor  the  docu- 
mentary evidence  admitted  at  the  trial  will 
be  considered  in  the  appellate  court  unless 
embodied  in  the  statement  or  identified  as 
required  by  statute.  Hanson  v.  Chiatovich, 
13  Nev.  395;  Alderson  v.  Gilmore,  13  Nev. 
84;  Bowker  v.  Goodwin,  7  Nev.  135;  Beck 
v.  Truckee  Lodge,  18  Nev.  246(2  P.  390); 
Simpson  v.  OgM-,'  Is  Nev.  28  (1  P.  827);  Imp. 
S.  M.  Co.  v.  Barstow,  5  Nev.  252;  Corbett 
v.  Job,  5  Nev.  201;  Nesbitt  v.  Chisholm,  16 
Nev.  400. 

Judgment  of  nonsuit  —  Specification  of 
error.  Held,  sufficient.  Brown  v.  Warren, 
16  Nev.  228. 

Assignment  of  errors  —  When  sufficient. 
Jones  v.  Adams,  17  Nev.  84  (28  P.  64). 

Manner  of  inserting  testimony  in  state- 
ment— Use  of  word  "proved."  Wilson  v. 
Hill,  17  Nev.  401  (30  P.  1076). 

Adjournment  for  term  —  Notice  served. 
When  notice  of  intention  to  move  for  new 
trial  is  served  within  two  days  after  judg- 
ment, and  followed  up  by  statement,  etc., 
as  the  statute  prescribes,  the  court  retains 
jurisdiction  of  the  case  so  far  as  to  be  able 
to  dispose  properly  of  the  motion  for  new 
trial,  although  the  court  may  have  adjourned 
for  the  term  between  the  day  judgment 
was  rendered  and  the  filing  of  notice,  with- 
out making  any  order  retaining  the  juris- 
diction over  the  case.  Killip  v.  Empire 
Mill  Co.,  2  Nev.  34. 

But  if  term  expires,  and  no  notice  of 
intention  to  move  for  a  new  trial  is  filed 
within  the  statutory  time,  then  the  court 
losep  jurisdiction  of  the  case.  Idem. 


Sec.  5331 


CIVIL  PRACTICE 


1564 


Notice  must  be  in  writing,  or  in  open 
court,  and  a  minute  made  of  it.  Idem. 

See  State  v.  Bank  of  Nevada,  4  Nev.  358. 

New  trial — Notice — Trial  without  jury — 
Decision  of  court  distinct  from  findings. 
Time  within  which  notice  must  be  given 
begins  to  run  from  the  announcement  of 
judgment.  Robinson  v.  Benson,  19  Nev.  331 
(10  P.  441);  Elder  v.  Frevert,  18  Nev.  278 
(3  P.  237);  Stanton-Thompson  Co.  v.  Craine, 
25  Nev.  114  (58  P.  53);  Duffy  v.  Moran,  12 
Nev.  98. 

Notice  of  motion  for  new  trial,  without 
specifying  grounds,  insufficient.  A  notice 
of  motion  for  new  trial,  which  fails  to 
designate  the  grounds  upon  which  the 
motion  will  be  made,  is  insufficient.  Street 
v.  Lemon  M.  &  M.  Co.,  9  Nev.  251. 

Defective  notice  for  new  trial  not  helped 
by  statement.  The  language  of  section  197 
of  the  old  practice  act,  requiring  a  notice  of 
motion  for  new  trial  to  "designate  gener- 
ally the  grounds  upon  which  the  motion  will 
be  made,"  is  clear,  plain  and  explicit;  and 
a  disregard  of  it  is  not  helped  out  by 
designating  the  grounds  in  the  statement. 
Idem. 

New  trial  statement  need  not  designate 
general  grounds.  A  statement  on  motion 
for  new  trial  need  not  designate  the  general 
grounds  of  error  relied  on,  but  only  specify 
the  particulars  wherein  the  error  lies — the 
practice  act  requiring  the  notice  to  desig- 
nate the  general  grounds,  and  the  state- 
ment to  contain  the  specifications.  Worth- 
ing v.  Cutts,  8  Nev.  118. 

Hoopes  v.  Meyer,  1  Nev.  443,  and  Gillig 
v.  Lake  Bigler  Road  Company,  2  Nev.  214, 
on  the  point  that  a  statement  is  not  required 
to  specifically  state  the  errors  relied  on,  dis- 
approved. Corbett  v.  Job,  5  Nev.  210; 
Roberts  v.  Webster,  25  Nev.  94  (57  P.  180). 
Evidence,  when  not  reviewed.  The  supreme 
court  will  not  review  the  evidence  in  the 
absence  of  a  regular  statement  on  motion 
for  a  new  trial.  State  v.  Sadler,  21  Nev.  13 
(23  P.  799). 

Statement  must  be  authenticated.  A 
statement  on  motion  for  a  new  trial  will  not 
be  considered  on  appeal  unless  it  is  authen- 
ticated in  the  mode  prescribed  by  statute. 
Jones  v.  Adams,  18  Nev.  60(8  P.  798); 
White  v.  White,  6  Nev.  20;  Solomon  v. 
Fuller,  13  Nev.  276. 

Authentication  of  statement.  A  certificate 
of  the  clerk,  to  the  effect  that  no  amend- 
ments to  the  statement  have  been  filed,  is 
such  an  authentication  as  is  required  by  old 
section  197.  Borden  v.  Bender,  16  Nev.  49; 
Tull  v.  Anderson,  15  Nev.  426. 

Naming  a  paper  does  not  endorse  its  cor- 
rectness as  such.  White  v.  White,  6  Nev.  20. 

Identification  of  affidavits  used  on 
motion  for  new  trial.  To  entitle  affidavits, 
used  on  motion  for  new  trial,  to  be  consid- 
ered on  appeal  in  the  supreme  court,  they 
must  be  identified  by  indorsement  of  the 
judge  or  clerk,  made  "at  the  time"  of  use; 
and  a  certificate  made  after  appeal  taken, 
will  not  avail.  Dean  v.  Pritchard,  9  Nev, 


232;    Albion  M.  Co.  v.  Richmond  M.  Co.,  19 
Nev.  225  (8  P.  480). 

Certificate  of  judge  to  statement  for  new 
trial.  Where  a  district  judge  certified  at 
the  end  of  a  statement  "that  the  foregoing 
is  the  settled  and  engrossed  statement  on 
motion  for  new  trial  of  the  above  entitled 
cause":  Held,  that  though  not  a  literal 
compliance  with  the  statute,  such  certificate 
was  a  substantial  compliance  and  sufficient. 
Overman  M.  Co.  v.  Am.  M.  Co.,  7  Nev.  312. 

Presumptions  in  favor  of  judge's  cer- 
tificate. Idem. 

Identification  of  documents — When  suf- 
ficient. Martens  v.  Gilson,  13  Nev.  489; 
Marshall  v.  G.  F.  M.  Co.,  16  Nev.  156;  Bliss 
v.  Grayson,  24  Nev.  422  (56  P.  231). 

Defects  in  clerk's  certificate  and  notice  on 
motion  for  new  trial  waived,  when.  Idem. 

Waiver  of  right  to  object  to  proposed 
amendments — Statement  on  motion  for  new 
trial,  when.  Hoppin  v.  Cheney,  24  Nev.  222 
(52  P.  12). 

Power  of  court  to  make  statement  con- 
form to  truth.  Idem. 

Statement — Objections  to,  when  waived. 
When  counsel  appear  and  orally  argue  a 
ease  upon  its  merits,  and  afterwards,  by 
leave  of  the  court,  file  a  brief  and  therein 
rely  upon  objections  to  the  statement:  Held, 
that  the  oral  argument  upon  the  merits 
amounted  to  a  waiver  of  the  objections  to 
the  statement.  Truckee  Lodge  v.  Wood,  14 
Nev.  293;  Sweeney  v.  Hjul,  23  Nev.  409 
(48  P.  1036). 

Facts  must  be  embodied  in  statement. 
State  v.  C.  P.  R.  Co.,  17  Nev.  259  (30  P.  887). 

Statement  on  motion  for  new  trial — 
Settled  in  trial  court — Appellate  court  on 
motion  cannot  correct,  alter,  or  amend.  The 
statement  having  been  settled  and  certified 
by  the  district  judge,  according  to  the 
statute,  this  court  has  no  power  to  alter 
or  amend  it.  Gardner  v.  Brown,  22  Xev. 
156  (37  P.  240). 

Admission  by  respondent's  attorney  that 
a  statement  on  motion  for  new  trial  is 
correct,  does  not  admit  such  statement  to 
contain  all  the  evidence  offered  in  the  case, 
where  the  statement  itself  does  not  purport 
to  contain  it  all.  It  can  only  be  held  to  be 
an  admission  that  so  far  as  the  evidence  is 
stated,  it  is  stated  correctly.  It  does  not 
negative  the  idea  of  other  evidence  having 
been  given.  Howard  v.  Winters,  3  Nev.  539. 

Statement  should  be  complete.  Map  refer- 
red to  should  be  included.  Hamburg  M.  Co, 
v.  Stephenson,  17  Nev.  449  (30  P.  1088). 

Amendments  should  be  liberally  allowed. 
Courts  should  be  liberal  in  allowing  amend- 
ments to  defective  statements  on  motion  for 
a  new  trial,  etc.,  and  should  themselves  sug- 
gest them  whenever  a  defect  or  deficiency  is 
apparent.  Caldwell  v.  Greely,  5  Nev.  258. 

Statement  on  motion  for  new  trial  cannot 
be  certified  to  after  appeal  is  taken — Effect 
of  order  prematurely  made.  Thomas  v. 
Sullivan,  11  Nev.  280;  Caples  v.  C.  P.  R.  R. 
Co.,  6  Nev.  266. 

New     trial- — Premature     ruling     upon.     A 


CIVIL  PRACTICE 


Sec.  5331 


motion  for  new  trial,  when  made  upon  a 
statement,  should  not  be  ruled  upon  until 
the  statement  has  been  settled  and  authen- 
ticated. If  done,  the  ruling  is  irregular  and 
premature,  and  should  be  vacated  upon 
motion.  Crosby  v.  N.  B.  S.  M.  Co.,  23  Nev. 
70  (42  P.  583). 

Motion  for,  submitted,  how  vacated. 
Whore  a  motion  for  new  trial  has  been  regu- 
larly submitted  upon  a  sufficient  statement, 
a  ruling  thereon  cannot  be  subsequently 
vacated  on  motion,  but  the  only  remedy  is 
by  appeal.  Idem. 

Statement  for  new  trial — Specification  of 
error.  In  a  statement  on  motion  for  a  new 
trial,  which  contains  the  charge  of  the  judge 
as  an  entirety,  a  specification  of  error  "that 
the  court  erred  in  giving  to  the  jury  the 
instructions  as  set  forth  in  this  statement," 
is  sufficient.  Ellis  v.  C.  P.  E.  E.  Co.,  5  Nev. 
855. 

Statement.  When  a  party  in  assigning 
errors,  or  stating  the  grounds  on  which  he 
will  move  for  a  new  trial,  says  that  the 
court  erred  in  doing  a  certain  thing,  this  is 
no  evidence  that  the  court  did  as  chsirgod. 
To  establish  that  fact,  it  must  appear  in  tin- 
statement  <>f  facts.  The  assignment  of 
errors,  and  the  statement  of  the  facts  or 
evidence  to  sustain  these  alleged  errors,  are 
separate  and  distinct  tilings  The  party  mov- 
ing  for  a  new  trial  may  state  the  errors  com- 
plained of  in  his  own  language.  Neither  the 
court  nor  the  opposite  party  can  correct  that. 
The  court  can  only  correct  the  statement  of 
facts  or  evidence.  Fleeson  v.  Savage  M.  Co., 
3  Nev.  ir>7;  McCurn  v.  Mdnnis,  24  Nev.  :'.7n 
(55  P.  304). 

Statement  on  motion  for  new  trial — Settle- 
ment of  by  judge  or  referee — Practice.  In 
a  case  tried  before  a  referee,  where  all  the 
proceedings  are  reported  to  the  court,  the 
statement  on  motion  for  a  new  trial  may  be 
settled  by  the  judge.  Marshall  v.  G.  F.  M. 
Co.,  16  Nev.  156. 

Statement,  when  considered  "used"  in  the 
court  below.  If  prepared,  settled  and  on 
file  in  the  clerk's  office.  State  v.  C.  P.  E. 
Co.,  17  Nev.  259  (30  P.  887). 

Facts  must  be  embodied  in  statement,  to 
be  considered  on  appeal.  Idem. 

Order  overruling  motion  for  new  trial  need 
not  be  excepted  to.  Idem. 

New  trial — Statement — When  must  be 
filed — Waiver.  A  failure  to  file  a  statement 
within  five  days  after  giving  notice  of  inten- 
tion to  move  for  a  new  trial,  nothing  having 
been  done  in  the  meantime  to  retain  juris- 
diction, operates  as  a  waiver  of  the  right 
to  move  for  a  new  trial,  and  no  power  exists 
in  the  district  court  to  reinstate  this  right. 
Elder  v.  Frevert,  18  Nev.  278  (3  P.  237) ; 
Hoppin  v.  Cheney,  24  Nev.  222  (52  P.  12). 

Motion  for  new  trial — Waiver  of  notice  of 
decision.  If  he  proceed  in  the  case  upon 
actual  knowledge  of  such  decision,  he  waives 
his  right  to  written  notice.  Corbett  \*.  Swift, 
0  Nev.  194. 

Time  to  move  for  new  trial.     Idem. 

Waiver    of   error   to    be    shown    by    party 

99 


claiming  waiver.  McWilliams  v.  Herschman, 
.->  Nev.  263;  White  v.  White,  6  Nev.  20. 

Extending  time  to  file  statement  on  motion 
for  new  trial.  An  order  signed  by  the  judge 
extending  the  time  fixed  by  statute  for  filing 
a  statement  on  motion  for  a  new  trial,  must 
not  only  be  signed,  but  must  be  filed  with 
the  papers  in  the  case,  or  entered  of  record 
in  the  minutos  of  the  court,  within  the  time 
prescribed  by  statute.  Clark  v.  Strouse,  11 
Nev.  7(i. 

In  an  equity  case,  this  court  may  order  the 
proper  decree  to  be  entered  in  the  court 
below  without  the  formality  of  a  new  trial. 
1-Yusior  v.  Snout ii,  .">  Nev.  120. 

New  trial,  when  to  be  granted  by  nisi 
prius  court.  A  judge  who  tries  a  cause  should 
not  hesitate  to  set  aside  the  verdict,  where 
there  is  a  clear  preponderance  of  evidence 
:ig:iinst  it.  I'hillpotts  v.  Blasdel,  8  Nev.  61. 

A  verdict  will  not  be  set  aside  merely 
because  it  is  against  the  weight  of  evidence. 
Bryant  \.  Carson  L.  Co.,  3  Nev.  313. 

New  trial  of  portion  of  the  issues  in 
art  inn  for  divorce  may  be  granted.  Lake  v. 
I  lender,  IS  Nov.  :U51  (4  P.  711). 

Order  grant.ing  now  trial — When  it  will  be 
sustained.  Whore,  on  appeal  from  an  order 
granting  a  new  trial,  the  record  shows  that 
the  motion  was  made  upon  two  grounds, 
without  showing  upon  which  of  them  the 
action  was  based,  the  order  will  be  affirmed, 
if  the  action  of  the  court  can  be  sustained 
upon  either  ground.  McLeod  v.  Lee,  14  Nev. 
398. 

New  trial  —  Improperly  granted.  When 
judgment  ami  verdict  are  in  accordance  with 
evidence,  no  substantial  conflict  in  it  upon 
material  issue  and  no  error,  court  has  no 
right  to  grant  new  trial.  Lawrence  v.  Burn- 
ham,  4  Nev.  361;  Scott  v.  Haines,  4  Nev.  426. 

New  trial — When  should  not  be  granted. 
A  new  trial  ought  not  to  be  granted  on  a 
motion  to  set  aside  a  verdict,  merely  because 
the  court  had  erred  in  finding  a  fact  in  some 
preliminary  proceeding  in  the  case.  Solomon 
v.  Fuller,  14  Nev.  63. 

Distinction  as  to  weight  of  evidence  on 
new  trial  and  on  appeal.  State  v.  Y.  J.,  5 
Xov.  415. 

Cited,  Van  Valkenburg  v.  Huff,  1  Nev.  143. 

See  Gray  v.  Harrison,  under  sec.  377  of 
this  act. 

When  there  is  a  statement  on  appeal  from 
the  judgment,  and  subsequently  a  statement 
on  appeal  from  an  order  overruling  the 
motion  for  a  new  trial,  each  statement  must 
be  considered  separately,  and  portions  of 
one  cannot  be  taken  to  aid  the  other.  Whit- 
more  v.  Shiverick,  3  Nev.  302. 

It  would  be  error  to  grant  a  new  trial 
where  there  is  no  affidavit  and  no  statement 
in  support  of  the  motion  for  that  object. 
Idem. 

A  statement  on  appeal  must  be  made 
twenty  days  after  judgment,  and  if  a  suffi- 
cient statement  be  not  made  within  that 
time  it  cannot  subsequently  be  made.  Idem. 

The  exercise  of  the  right  in  a  district  court 
to  grant  a  new  trial  will  be  presumed  to  be 


Sec.  5332 


CIVIL  PRACTICE 


1566 


correct  and  proper  until  affirmatively  shown 
to  be  erroneous.  State  v.  Stanley,  4  Nev. 
7],  75. 

When  an  appeal  is  taken  only  from  the 
judgment  the  statement  that  it  had  been 
prepared  and  used  as  a  statement  on  motion 
for  a  new  trial  cannot  be  considered  as  a 
statement  on  appeal.  (Beatty,  J.,  dissent- 
ing). Williams  v.  Eice,  13  Nev.  237-341. 

Cited,  Greeley  v.  Holland,  14  Nev.  323; 
Iowa  M.  Co.  v.  Bonanza  M.  Co.,  16  Nev.  69. 

Specification  of  error  held  sufficient. 
Brown  v.  Warren,  16  Nev.  231. 

A  statement  on  appeal  must  contain  a 
specific  statement  of  the  errors  or  grounds 
relied  on.  Corbett  v.  Job,  5  Nev.  201,  204. 

The  word  "order"  in  sec.  232,  Stats.  1869, 
196.  does  not  refer  to  the  ordinary  order  on 
motion  for  a  new  trial.  Johnson  v.  Wells, 
Fargo  &  Co.,  6  Nev.  224,  228. 

Where  there  is  no  assignment  or  specifica- 
tion of  errors,  they  cannot  be  reviewed  by 
the  appellate  court.  Meadow  Valley  M.  Co. 
v  Dodds,  6  Nev.  261,  264. 

Where  there  is  no  statement  on  appeal,  no 
proper  assignment  of  errors,  and  no  judg- 
ment roll,  the  appeal  must  be  dismissed. 
Irwin  v.  Samson,  10  Nev.  282,  283. 

In  taking  an  appeal  from  orders  based 
ujton  affidavits,  no  statement  on  appeal  is 
required.  It  is  only  necessary  to  annex  the 
affidavits  to  the  orders  and  have  them  prop- 
erly certified.  Weinrich  v.  Porteous,  12  Nev. 
10::,  104. 

Where  it  is  not  shown  that  the  statement 
on  appeal  was  filed  with  the  clerk  or  that 
a  copy  of  it  was  served,  or  that  it  was 
agreed  to,  or  settled  by  the  judge,  it  does 
not  comply  with  the  requirements  of  the 
statute,  and  cannot  be  considered.  Baum  v. 
Meyer,  16  Nev.  '91,  92. 

Cited,  Marshall  v.  Golden  Fleece  M.  Co., 
16  Nev.  168. 

When  appellant  does  not  rely  upon  the 
insufficiency  of  the  evidence  to  sustain  the 
findings  of  the  court,  it  is  only  necessary  to 
insert  so  much  of  the  evidence  in  the  state- 
ment on  appeal  as  is  necessary  to  explain 
the  particular  errors  relied  upon.  Eose  v. 
Richmond  M.  Co.,  17  Nev.  25,  50,  51  (37  P. 
1105,  114  U.  S.  576). 

Cited,  James  v.  Leport,  19  Nev.  174,  176 
(8  P.  47). 

A  statement  of  a  case  on  appeal  must  be 
settled  and  authenticated  by  the  judge  or 
referee  hearing  the  case,  or  by  agreement 
of  the  parties;  and  unless  so  authenticated 
thirty  days  prior  to  the  commencement  of  a 
term  of  the  supreme  court  the  appellant  is 
not  in  default  for  failure  to  file  a  transcript 
by  the  first  day  of  the  term,  though  the 
statement  may  have  been  on  file  with  the 
clerk  of  the  trial  court  for  a  longer  time. 


and  no  amendments  proposed  thereto.  Hayes 
v.  Davis,  23  Nev.  233  (45  P.  466). 

An  alleged  error,  in  refusing  to  allow 
plaintiff  to  rebut,  by  his  own  testimony, 
the  testimony  of  other  witnesses,  will  not 
be  considered,  where  such  action  of  the 
court  was  not  assigned  as  error.  Schwartz 
v.  Stock,  26  Nev.  128,  150  (65  P.  351). 

Orders  denying  motions  to  strike  out  and 
amend  a  judgment  may  be  presented  by 
statement  on  appeal  instead  of  by  bill  of 
exceptions.  State  ex  rel.  Equitable  M.  Co. 
v.  Murphy,  29  Nev.  248,  256  (88  P.  335). 

Where  the  transcript  on  appeal  from 
judgment  of  dismissal  contains  the  original 
papers  filed  in  the  case  and  "an  affidavit 
on  motion  for  a  new  trial  and  on  appeal,'' 
a  motion  will  be  granted  to  strike  out  all 
the  papers  except  the  complaint,  demurrer, 
summons,  and  judgment.  Hart  v.  Spencer, 
29  Nev.  286,  287  (89  P.  289). 
•  On  counsel  failing  to  agree  on  the  state- 
ment and  certifying  to  such  fact,  the  same 
could  be  submitted  by  either  party  to  the 
trial  judge  for  settlement.  Young  v.  Updike, 
29  Nev.  303,  305  (89  P.  457). 

This  section  construed.  Smith  v.  Wells 
Estate  Co.,  29  Nev.  411,  417  (91  P.  315); 
Quinn  v.  Quinn,  27  Nev.  156  (74  P.  5). 

For  other  cases  construing  sec.  197,  Stats. 
3869,  196,  see  Johnson  v.  Wells,  Fargo  & 
Co.,  6  Nev.  229;  Neil  v.  Wynecoop,  9  Nev. 
47,  48;  Lamburth  v.  Dalton,  9  Nev.  66; 
Sherman  v.  Shaw,  9  Nev.  152;  Warren  v. 
Quill,  9  Nev.  266;  Ehodes  v.  Williams,  12 
Nev.  26;  Thome  v.  Sweeney,  13  Nev.  416; 
Hunter  v.  Truckee  Lodge,  14  Nev.  24;  Burns 
v.  Rodefer,  15  Nev.  62;  Iowa  M.  Co.  v. 
Bonanza  M.  Co.,  16  Nev.  69,  70;  Gould  v. 
Wise,  18  Nev.  283,  284  (3  P.  30);  Boyd  v. 
Anderson,  18  Nev.  350,  351,  352  (4  P.  497) ; 
State  ex  rel.  Keane  v.  Murphy,  19  Nev.  89, 
91  (6  P.  840);  Earles  v.  Gilham,  20  Nev. 
46-49  (14  P.  586);  Poujade  v.  Ryan,  21  Nev. 
450,  451  (33  P.  659);  Eoberts  v.  Webster, 
25  Nev:  94,  95  (57  P.  180) ;  Powell  v.  N.  C. 
O.  E.  E.,  28  Nev.  342  (82  P.  96);  Hayes  v. 
Davis,  23  Nev.  234  (45  P.  466);  Bliss  v. 
Grayson,  25  Nev.  329,  344,  345;  Hoppin  v. 
First  Nat.  Bank,  25  Nev.  90;  State  ex  rel. 
Cohn  v.  Mack,  26  Ne.v.  85  (63  P.  1125); 
Schwartz  v.  Stock,  26  Nev.  150  (65  P.  351); 
Lewis  v.  Hyams,  26  Nev.  85  (99  A.  S.  677, 
63  P.  126) ;  Yori  v.  Cohn,  26  Nev.  206,  228 
(65  P.  945);  Walsh  v.  Wallace,  26  Nev.  299, 
321  (99  A.  S.  692,  67  P.  914);  Candler  v. 
W.  L.  E.  Co.,  28  Nev.  151,  163  (80  P.  751): 
Twaddle  v.  Winters,  29  Nev.  88,  97,  98  (85 
P.  280);  State  ex  rel.  Equitable  G.  M.  Co. 
v.  Murphy,  29  Nev.  247,  252  (88  P.  335; 
Central' T.  Co.  v.  Holmes  M.  Co.,  30  Nev. 
440  (97  P.  390) ;  Finnegan  v.  Ulmer,  31  Nev. 
524  (104  P.  17). 


5332.    Appeal  from  judgment  and  order  denying  new  trial,  one  statement 

for  both— Statement,  what  to  contain. 

SEC.  390.  When  the  appeal  is  taken  both 'from  the  judgment  and  from 
an  order  denying  a  motion  for  a  new  trial,  there  shall  be  but  one  statement 
for  both  such  appeals,  which  shall  embody  all  errors  relied  on  upon  the 


1567  CIVIL  PRACTICE  Sec.  5383 

appeal  both  from  the  judgment  and  from  such  order,  and  the  time  for 
filing  and  serving  the  proposed  statement  for  both  such  appeals,  and  also 
the  time  for  filing  and  serving  the  proposed  statement  on  appeal  from  an 
order  granting  a  motion  for  a  new  trial,  shall  be  the  same  as  the  time  pro- 
vided for  filing  and  serving  the  proposed  statement  on  appeal  from  the 
order.  The  statement  on  appeal  from  an  order  granting  or  denying  a 
motion  for  a  new  trial  may  contain  so  much  of  the  evidence  admitted  or 
offered,  exceptions  taken,  or  proceedings  had  upon  the  trial  or  before  or 
after  the  trial,  as  may  be  necessary  to  explain  the  particular  errors 
specified  and  which  were  considered  or  presented  upon  the  hearing  of  the 
motion  for  a  new  trial. 


Idem—  Testimony  to  be  reduced  to  narrati  ve  form—  When  complete 
transcript  may  he  furnished. 

SEC.  391.  In  all  cases  where  the  appeal  is  not  taken  on  the  ground  that 
the  evidence  does  not  support  the  verdict  or  decision,  or  that  the  trial 
court  erred  in  denying  a  motion  for  a  new  trial  applied  for  on  that  ground, 
where  it  is  necessary  to  embody  the  testimony,  or  any  part  thereof,  in  the 
statement,  any  such  testimony  exceeding  jifty_j>ages  in  the  proposed  state- 
ment or  exceeding  fifty  pages  in  the  amendments  proposed  to  the  statement, 
and  any  such  testimony  exceeding  one  hundred  pages  in  the  statement  as 
settled,  shall  be  reduced  to  narrative,  form,  without  undue  repetition, 
except  as  otherwIslTpfovided  in  this  section.  Where  it  is  necessary  in 
order  to  properly  present  an  exception  to  a  ruling  upon  the  admissibility 
of  testimony,  only  such  portion  of  the  testimony  as  is  necessary  to  intelli- 
gently present  the  exceptions  need  be  set  out  by  question  and  answer. 
If  a  party  shall  include  in  the  statement  any  more  of  the  testimony  and 
proceedings  than  is  pertinent  and  necessary  to  fairly  present  the  exceptions 
taken,  he  shall  not  be  allowed  costs  for  the  typewriting  or  printing  of 
such  surplusage.  In  the  event  a  party  fails  to  embody  in  the  proposed 
statement  a  fair  and  substantiaj  portion  of  the  testimony  or  of  the  effect 
thereof  essential  to  a  proper  presentation  of  the  exceptions  relied  upon, 
he  shall  not  be  allowed  costs  therefor,  but  the  opposite  party  shall  be 
entitled  to  such  costs  as  he  may  incur  in  order  that  a  proper  statement 
may  be  settled.  The  effect  of  the  testimony  or  the  ultimate  facts  testified 
to  may  be  stated  preferably,  instead  of  the  full  testimony  by  question 
and  answer. 

In  cases  other  than  the  ones  in  which  the  appeal  is  taken  on  the  ground 
that  the  evidence  does  not  support  the  verdict  or  decision,  or  that  the 
district  court  erred  in  denying  a  motion  for  a  new  trial  applied  for  on  that 
ground,  it  will  be  presumed  that  the  evidence  does  support  the  verdict 
and  decision,  and  shall  not  be  necessary  to  include  in  the  statement  any 
testimony  for  the  purpose  of  showing  that  the  evidence  supports  the 
verdict  or  decision.  When__one..of  the_grounds  upon  which  the  appeal  is 
taken  is  that  the  evidence~does~not  suppol-FtHe  verdict  or  decision,  or  that 
the  trial  court  improperly  refused  a  motion  for  a  new  trial  applied  for 
on  that  ground,  either  party  may  have  all  or  any  part  of  the  testimony  by 
question  and  answer  inserted  in  the  statement,  as  he  may  deem  appro- 
priate or  desire;  but  when  the  appellant  specifies  as  one  of  the  grounds 
for  the  appeal  that  the  evidence  does  not  support  the  verdict  or  decision, 
or  that  the  court  or  judge  erred  in  denying  a  motion  for  a  new  trial  applied 
for  on  that  ground,  and  the  appellant  does  not  prevail  in  the  supreme 
court  on  one  of  these  grounds,  he  shall  not  recover  his  costs  for  the  type- 
writing or  printing  or  for  the  obtaining  and  insertion  in  the  statement  of 
the  testimony  and  the  respondent  shall  be  entitled  to  recover  his  costs  for 
the  obtaining,  typewriting  and  printing  of  any  testimony  which  he  had 
inserted  in  the  statement,  regardless  of  whether  the  appellant  may  prevail 
on  other  alleged  errors  or  grounds. 


Sec,  5384  CIVIL  PRACTICE  1568 

In  cases  in  which  the  appeal  is  not  taken  on  the  ground  that  the  evidence 
does  not  support  the  verdict  or  decision,  or  that  the  trial  court  erred  in 
denying  a  motion  for  a  new  trial  applied  for  on  that  ground,  either  party 
may  have  all  the  testimony  by  question  and  answer  inserted  in  the  recofcl 
at  his  ownjexpense,  but  he  shall  not  recover  costs  for  printing,  typewriting 
or  inserting  of  any  testimony  in  excess  of  one  hundred  pages,  unless  such 
excess  be  set  out  in  the  statement  in  narrative  form.'  If  the  statement 
contains  more  than  one  hundred  pages  of  testimony  by  question  and 
answer,  each  party  shall  prepare  and  file  with  the  clerk,  at  least  two  days 
before  the  argument  in  the  supreme  court,  an  abstract  of  the  particular 
testimony  upon  which  he  relies.  If  the  judge,  referee  or  judicial  officer  in 
any  case  refuses  to  settle  the  statement  in  accordance  with  the  facts,  the 
party  desiring  to  have  the  statement  settled  may  apply  by  petition  to  the 
supreme  court  for  leave  to  prove  the  same.  The  application  and  proof 
shall  be  made  in  the  mode  and  manner  and  under  such  regulations  as  the 
court  may  prescribe ;  and  the  statement  when  proven  must  be  certified  by 
the  chief  justice,  or  in  his  absence  or  inability  to  act  by  one  of  the  associate 
justices,  to  be  correct,  and  filed  with  the  clerk  of  the  court  in  which  the 
action  was  tried,  and  when  so  filed  it  shall  have  the  same  force  and  effect 
as  if  settled  by  the  judge  who  tried  the  cause. 

5334.  Idem— Bill  may  be  settled  by  referee;  judge  or  other  judicial  officer 

may  settle  after  term  expires;  refusal  or  death  of  judge,  how  set- 
tled then. 

SEC.  392.  When  the  decision  excepted  to  was  made  by  a  referee  or  any 
judicial  officer  other  than  a  judge,  the  statement  shall  be  presented  to 
such  referee  or  judicial  officer,  and  be  settled  and  signed  by  him  in  the 
same  manner  as  it  is  required  to  be  presented  to,  settled,  and  signed  by  a 
court  or  judge.  A  judge,  referee,  or  judicial  officer  may  settle  ancl  sign  a 
statement  after  as  well  as  before  he  ceases  to  be  such  judge,  referee,  or 
judicial  officer.  If  such  judge,  referee  or  judicial  officer,  before  the  state- 
ment is  settled,  dies,  is  removed  from  office,  becomes  disqualified,  is  absent 
from  the  state,  or  refuses  to  settle  the  statement,  or  if  no  mode  is  provided 
by  law  for  the  settlement  of  the  same,  it  shall  be  settled  and  certified  in 
such  manner  as  the  supreme  court  may,  by  its  order  or  rules,  direct. 

5335.  If  statement  not  made  within  time  limited,  same  waived— Judge 

may  correct  misstatement  of  rulings  appearing  in  statement. 
SEC.  393.  If  the  party  shall  omit  to  make  a  statement  within  the  time 
limited,  he  shall  be  deemed  to  have  waived  his  right  thereto ;  and  when  a 
statement  is  made  and  the  parties  shall  omit  within  the  several  times  above 
limited,  the  one  party  to  propose  amendments,  the  other  to  give  the  notice 
that  he  declines  to  admit  the  amendments,  they  shall  respectively  be 
deemed,  the  former  to  have  agreed  to  the  statement  as  prepared,  and  the 
latter  to  have  agreed  to  the  amendments  as  proposed;  but  the  judge  or 
referee  who  tried  or  heard  the  case  shall,  notwithstanding  such  omission 
or  implied  agreement,  have  power  to  correct  any  misstatement  of  his 
rulings  which  such  statement  may  contain. 

A  failure  to  make  a  statement  on  appeal  When    an    appeal    is    only    taken    from    a 

within  twenty  days  after  the  entry  of  judg-  judgment,   a    statement   that   had   been   pre- 

ment    is    equivalent    to    a    waiver    of    such  pared   and   used   as   a   statement   on   motion 

statement;    but   such   waiver   may   itself   be  for  a  new  trial,  cannot  be  considered  as  a 

waived;    and    a    stipulation    that    the    state-  statement  on  appeal.     Williams  v.  Rice,  13 

ment  on  new  trial  shall  also  be  the  state-  Nev.  234,  236,  241. 

ment    on    appeal,    though    made    more    than  See  Hayes  v.  Davis,  under  sec.  389  of  this 

twenty    days    after    judgment,    is    such     a  act. 

waiver.     Johnson    v.    W.   F.    &    Co.,    6    Nev.  Cited,  Iowa  M.  Co.  v.  Bonanza  M.  Co..  16 

225,  229.                                                                     •  Nev.  69,  70. 


1569  CIVIL  PRACTICE  Sec.  5339 

5336.  Idem—  Further  time  may  be  given  by  judge. 

SEC.  394.  The  several  periods  of  time  above  limited  may  be  enlarged, 
upon  good  cause  shown,  by  the  court,  judge  or  referee  before  whom  the 
cause  was  tried. 

5337.  Statement  to  be  signed  by  judge,  when:  by  parties  or  their  attor- 

neys, when—  To  be  tiled  with  the  clerk. 

SEC.  395.  The  statement,  when  settled  by  the  judge  or  referee,  shall 
be  signed  by  him,  with  his  certificate  that  the  same  has  been  allowed  and 
is  correct.  When  the  statement  is  agreed  upon  by  the  parties,  they  or 
their  attorneys  shall  sign  the  same,  with  their  certificate  that  it  has  been 
agreed  upon  by  them  and  is  correct.  In  either  case,  when  settled  or 
agreed  upon,  it  shall  be  filed  with  the  clerk. 

It  was  hold  under  sec.  335,  Stats.  1869,  196,  been   perfected  and  the  transcript  becomes 

that  said  section  does  not  contemplate  that  a  record  of  the  appellate  court.     Idem. 

ih«'  judge  shall   certify  that  a  statement  on  ('ited.  Williams  v.  Rice,  13  Nev.  236. 

appeal  contains  all  the  evidence,  but  simply  Where  the  statement  fails  to  show  that  it 

that   it   has  lieen  allowed  l»y  him  and  is  cor-  contains  all  the  evidence,  the  appellate  court 

rt-'-t.     ('a  pies  v.  (  '.  P.  R.  R.  Co.,  6  Nev.  265,  will    presume   that   there   was   sufficient   evi- 

-7'2.  dence  at  the  trial  to  sustain  the  findings  of 

A    judge's    certificate   to    a    statement    on  the  court.     Terry  v.  Berry,  13  Nev.  514,  523. 

motion  for   new  trial  and  appeal,  that  the  <  ited,  Hayes  v.  Davis,  23  Nev.  233  (45  P. 

n-cnrd    contains    all    the    evidence,    will    not  4«;ii). 

l»e  allowed  to  he  added  after  the  appeal  has  This    section    construed.     Smith    v.    Wells 

Kstate  Co.,  29  Nev.   Ill,   US  (91  P.  315). 


Idem—  When  copy  of  statement  to  be  attached  to  judgment  roll  or 
order—  Appeal  may  be  upon  judgment  roll  alone—  What  errors 
considered. 

SEC.  396.  A  copy  of  the  statement  on  appeal,  if  there  be  one,  shall  be 
annexed  to  a  copy  of  the  judgment  roll,  if  the  appeal  be  from  the  judgment; 
if  the  appeal  be  from  an  order,  to  a  copy  of  such  order.  A  party  may 
appeal  upon  the  judgment  roll  alone,  in  which  case  only  errors  can  be 
considered  which  appear  upon  the  face  of  such  judgment  roll. 

Where    there    is    no    statement    and    the  Where  the  record  contains  duly  certified 

appeal  is  simply  from  the  judgment,  nothing  copies   of   all  papers   required  to   constitute 

is    brought   to   the   appellate   court   but   the  the  judgment  roll  except  the  summons,  and 

judgment  roll.     Howard  v.  Kichards,  2  Nev.  it  does  not  disclose  whether  one  was  issued 

or     not,     but     shows     that     the     defendant 

Where  the  appeal  is  taken  from  the  judg-  appeared  and  answered,  it  was  not  defective 

ment,    the    statement    on    appeal    must    be  Strosnider   v.   Turner,   29   Nev.   347,  349  (90 

annexed  to  the  judgment  roll.  Irwin  v.  Sam-  P.  581). 

son.  10  Xe\.  282,  283.  Cited,   Kirman    v.   Johnson,   30   Nev.    146, 

cited,  Williams  v.  Eice,  13  Nev.  236;  Bliss  152  (93  P.  500). 
v.  Cray  son,  24  Nev.  460  (56  P.  231). 

5889.    Idem—  Appeals  made  from  order  based  on  affidavit  must  have  copy 

of  order  annexed. 

SEC.  397.  The  provisions  of  the  last  preceding  section  shall  not  apply 
to  appeals  taken  from  an  order  made  upon  affidavit  filed,  but  a  certified 
copy  of  such  affidavit  and  counter  affidavit,  if  any,  shall  be  annexed  to  the 
order,  in  the  place  of  the  statement  on  appeal  mentioned  in  that  section. 

Gray  v.   Harrison,  under   sec.  377   of  not  sufficient  to  prevent  a  dismissal  of  the 

this  act.  appeal,  unless  the  affidavits  are  annexed  to 

I  n    taking   an    appeal    from    orders   based  the  orders.     Idem. 

upon   affidavits,  no   statement   on   appeal   is  This   section    dispenses   with   a    statement 

n  ^uired.     It  is  only  necessary  to  annex  the  where  an  appeal  is  taken  from  an  order  upon 

affidavits  to  the  orders,  and  have  them  prop-  affidavits  alone.     Thompson  v.  Lake,  19  Nev. 

erly  certified.    Weinrich  v.  Porteous,  12  Nev.  294  (9  P.  883). 

102,  104.  Cited,  Quinn  v.  Quinn,  27  Nev.  174(74  P.  5). 

The  fact  that  the  orders  are  embodied  in  This    section    construed.     Smith    v.    Wells 

a   hill  of  exceptions  allowed  by  the  judge,  is  Estate  Co.,  29  Nev.  411,  417  (91  P.  315). 


Sec.  5340  CIVIL  PRACTICE  1570 

5340.  Court  may  review  on  appeal— Intermediate  orders  affecting  judg- 

ment. 

SEC.  398.  Upon  an  appeal  from  a  judgment  the  court  may  review  any 
intermediate  order  involving  the  merits  and  necessarily  affecting  the  judg- 
ment which  comes  within  the  specifications  of  error  and  statement  or  is 
embraced  in  affidavits. 

Upon   appeal   from   a  final  judgment,  the       the   appeal   is   also  taken   from   such    order, 
appellate   court   will   review   an    order   of   a       Williams  v.  Glasgow,  1  Nev.  533,  537. 
district   court   dismissing  an   attachment,   if  Cited,   Eeinhart   v.    Company   D.   23    Xev 

369  (47  P.  979). 

5341.  Appeal  from  agreed  statement  of  facts,  how  taken. 

SEC.  399.  Where  the  case  has  been  determined  upon  an  agreed  statement 
of  facts,  and  the  appeal  is  upon  the  ground  that  the  judgment  is  contrary 
thereto,  the  appeal  may  be  taken  upon  a  certified  copy  of  the  statement  of 
facts  and  the  judgment  roll,  without  other  statement. 

5342.  Findings  contrary  to  judgment  or  order— Record  on  appeal. 

SEC.  400.  When  a  party  desires  to  appeal  on  the  ground  that  the 
decision,  judgment,  or  order  is  contrary  to  the  findings,  the  appeal  may  be 
taken  upon  a  certified  copy  of  the  judgment  roll  which  includes  the  findings, 
if  the  appeal  is  from  a  judgment,  or  upon  a  certified  copy  of  the  findings 
attached  to  a  certified  copy  of  the  order,  if  the  appeal  is  from  an  order. 

5343.  Bill  of  exceptions  may  be  taken  and  settled  at  time  of  decision, 

order  or  ruling. 

SEC.  401.  At  the  time  a  decision,  order  or  ruling  is  made,  and  during 
the  progress  of  the  cause,  before  or  after  judgment,  if  the  opposing  party 
or  his  attorney  be  present,  a  party  may  take  his  bill  of  exceptions  to  the 
decision,  order,  admission  or  exclusion  of  testimony  or  evidence,  or  other 
ruling  of  the  court  or  judge  on  points  of  law,  and  it  shall  not  be  necessary 
to  embody  in  such  bill  anything  more  than  sufficient  facts  to  show  the  point 
or  pertinency  of  the  exceptions  taken.  The  presiding  judge  shall  sign  the 
same  as  the  truth  of  the  case  may  be,  and  such  bill  shall  then  become  a 
part  of  the  record,  and  any  party  aggrieved  may  appeal  from  the  judgment 
or  any  appealable  order  without  further  statement  or  motion;  and  on 
such  appeal  it  shall  only  be  necessary  to  bring  to  the  supreme  court  a 
transcript  of  the  pleadings,  the  judgment,  and  the  bill  or  bills  of  exception 
so  taken. 

5344.  Exhibits  when  not  included  in  the  record— Originals. 

SEC.  402.  Where  it  is  not  practicable  to  embody  an  exhibit  in  the  record 
on  appeal,  a  copy  thereof,  if  it  be  in  the  nature  of  a  map  or  drawing,  may 
be  certified  up  separately,  and  in  case  the  exhibit  be  of  such  a  character 
that  a  copy  or  duplicate  of  the  same  cannot  conveniently  or  accurately  be 
made,  then  the  original  exhibit  duly  certified  to  by  the  clerk,  may  be  sent 
to  the  supreme  court  together  with  the  record,  but  in  no  other  case  may 
original  papers,  records  or  documents  be  sent  to  the  supreme  court,  except 
upon  the  order  of  the  supreme  court. 

This  section  is  similar  in  part  to  the  act  appeal  will  be  stricken  put  on  motion.     The 

of    1895,   58,   which    has   had   the   following  above  statute  has  not  changed  the  method 

citations:  Where,  instead  of  a  regular  tran-  of  presenting  questions  in  the  supreme  court, 

script,   the   original   papers   are   sent   up    on  Streeter  v.  Johnson,  23  Nev.  194,  199  (44  P. 

appeal,   they   must   be   certified   to   be   such  819). 

originals  and  to  constitute,   in   whole   or  in  Under  said  act,  a  volume  of  the  original 

part,  the  record  on  appeal.     Where  there  is  engrossed  statement  on  motion  for  new  trial 

no  certificate  to  that  effect  the  appeal  will,  may  be  considered,  although  not  filed  until 

on   motion,   be    dismissed.     Holmes   v.   Iowa  after  the  other  volumes  in  the  record  have 

M.  Co.,  23  Nev.  24  (41  P.  762) ;    Becker  v.  been   filed.     Bliss  v.   Grayson,  24  Nev.   422, 

Becker,  24  Nev.  476,  477  (56  P.  243).  437. 

Papers    not    properly    in    the    record    on  A   motion    to    dismiss   an   appeal   because 


1571  CIVIL  PRACTICE  Sec.  534(5 

of  the  insufficiency  of  the  clerk's  certificate  exception    that    maps    and    exhibits,    under 

attached  to  the  record  will  be  denied  where  the    conditions   named    in   the    act,    may    be 

the  appellant  asks  leave  to  have  the  defect-  sent   separately.       Peers   v.   Eeed,   23   Nev. 

he   certificate   corrected.     State   v.   Bouton,  404,  406  (48  P.  897 ). 
i'(i  \ev.  34,  39  (62  P.  595).  Where  the  record  of  an  appealed  case   is 

cited,  Christensen  v.  Floriston  P.  Co.,  29  in  two  volumes,  only  one  of  which  is  certified 

Nev.  552,  558,  567  (92  P.  210);    Kirman  v.  "to  be  a  true  and  correct  transcript  of  the 

Johnson,  30  Nev.  146,  151  (93  P.  500).  appeal  herein,"  the  supreme  court  can  only 

Matters  or  questions  that  could  be  prop-  consider  the  volume   so  certified.     State   v. 

erly     presented    to    the    supreme    court    on  Hill,  32  Nev.  185  (105  P.  1026). 
appeal  before  this  act  only  by  a  statement  The    record    on    appeal    from    an    order 

of  the  case  on  a  motion  for  a  new  trial,  or  denying    ;i    new    trial,    should    contain    only 

hy    ;i    statement   of  the   case   on   appeal,   or  such   papers  as  were  used  or  referred  to  on 

l»y  hill  of  exceptions,  can  now  be  presented  the  hearing  of  the  motion.     Botsford  v.  Van 

alone    in    the    same    manner,    with    the    sole  Kiprr.  :\'2  Nev.  214  (106  P.  441). 

5345.  Judgment  when  reversed  for  want  or  insufficiency  of  finding. 

SEC.  403.  In  cases  tried  by  the  court,  without  a  jury,  no  judgment  shall 
be  reversed  for  want  of  a  finding,  or  for  a  defective  finding  of  the  facts, 
unless  exceptions  be  made  in  the  court  below  to  the  finding,  or  to  the  want 
of  a  finding ;  and  in  case  of  a  defective  finding,  the  particular  defects  shall 
be  specifically  and  particularly  designated;  and  upon  failure  of  the  court 
below  to  remedy  the  alleged  error,  the  party  moving  shall  be  entitled  to 
his  exceptions,  and  the  same  shall  be  settled  by  the  judge  as  in  other  cases; 
provided,  that  such  exceptions  to  the  finding,  or  want  of  finding,  shall  be 
filed  in  the  court  within  five  days  after  the  making  of  the  finding  or  decision 
to  which  exception  is  made,  if  the  party  filing  the  exception  or  his  attorney 
was  present  at  the  time  the  finding  or  decision  was  made,  or  if  neither  he 
nor  his  attorney  was  present,  within  five  days  after  he  receives  written 
notice  of  the  making  of  the  finding  or  decision. 

A  motion  for  new  trial  on  the  ground  which  are,  warranted  by  the  evidence,  but 

that  the  evidence  is  insufficient  to  justify  there  is  an  omission  defined  on  an  issue  of 

the  findings,  based  upon  the  alleged  exist-  fact  essential  to  the  determination  of  the 

ence  of  a  proven  fact  not  noticed  in  the  rights  of  the  losing  party,  such  party  should 

findings,  cannot  be  sustained  unless  it  except  to  the  findings  as  defective,  and 

.•ipprar  that  the  complaining  party  requested  point  out  the  issue  upon  which  he  desires 

a  finding  upon  the  subject.  Warren  v.  Quill,  a  finding;  if  he  fails  to  do  so  the  judg- 

9  Nev.  263.  ment  will  not  be  reviewed.  Idem.  ,• 

Where    certain    facts    have    been    found 

5346.  Undertaking  on  appeal— Deposit— State  and  municipal!  ties  excepted. 

SEC.  404.  To  render  an  appeal  effectual  for  any  purpose,  in  any  case,  a 
written  undertaking  shall  be  executed  on  the  part  of  the  appellant  by  at 
least  two  sureties,  to  the  effect  that  the  appellant  will  pay  all  damages 
and  costs  which  may  be  awarded  against  him  on  th'e  appeal,  not  exceeding 
three  hundred  dollars;  or  that  sum  shall  be  deposited  with  the  clerk  with 
whom  the  judgment  or  order  was  entered,  to  abide  the  event  of  the 
appeal.  Such  undertaking  shall  be  filed,  or  such  deposit  made  with  the 
clerk,  within  five  days  after  the  notice  of  appeal  is  filed;  provided,  how- 
ever, that  nothing  in  this  section  shall  apply  when  the  State  of  Nevada, 
or  any  county,  city  or  town  of  the  State  of  Nevada  or  officer  thereof  in  his 
official  capacity,  is  the  appellant;  nor  shall  such  undertaking,  as  provided 
for  in  this  section,  be  necessary  to  perfect  such  appeal,  when  the  action  or 
proceeding  is  brought  for  and  in  the  name  of  this  state,  or  for  and  in  the 
name  of  any  county  in  the  state. 

Cited,  Cal.  S.  T.  Co.  v.  Patterson,  1  Nev,  See  Peran  v.  Monroe,  1  Nev.  486,  under 

160.  sec.  387  of  this  act. 

The  filing  and  serving  of  a  written  The  act  of  1887,  86,  as  amended  1903,  63, 

notice  of  appeal  must  be  followed  by  the  authorizing  the  giving  of  bonds  by  a  surety 

filing  of  a  proper  undertaking,  or  the  company  as  surety,  is  a  general  law,  and 

deposit  in  lieu  thereof,  within  five  days,  does  not  repeal  the  provisions  of  this  sec- 

or  the  notice  becomes  inoperative  and  a  tion,  but  only  provides  an  additional 

nullity.  Lambert  v.  Moore,  1  Nev.  345,  347.  method  of  furnishing  such  undertaking  at 


Sec.  5347 


CIVIL  PRACTICE 


1572 


the   option   of  appellant.     Botsford   v.   Van 
Riper,  32  Nev.  214  (106  P.  440,  443). 

A  bond  to  stay  execution  pending  appeal 
may  be  given  any  time  before  the  execution 
has  been  executed.  Silver  Peak  Mines  v. 
District  Court,  33  Nev. — (110  P.  504). 

Cited,  Arrington  v.  Wittenberg,  11  Nev. 
285. 

In  order  to  take  and  perfect  an  appeal, 
appellant-should  first  file  his  notice  of  appeal, 
next  serve,  and,  within  five  days  after  the 
filing  of  the  notice,  file  an  undertaking  on 
appeal.  Keese  M.  Co.  v.  Eye  Patch  M.  Co., 
15  Nev.  341-343;  Spafford  v.  White  River 
V.  L.  &  L.  S.  Co.,  24  Nev.  184,  185  (51  P. 
115). 

Upon  a  review  of  the  facts  it  was  held 
that  appellant  was  not  excused  for  failure 
to  follow  the  rule  above  prescribed.  Idem. 
An  undertaking  on  appeal  is  not  executed 
until  it  is  delivered  to  the  clerk  for  filing. 
State  v.  Alta  S.  M.  Co.,  24  Nev.  230,  235 
(51  P.  982). 

It  is  not  necessary  that  the  residence  or 
occupation  of  sureties  be  given  in  an  under- 
taking on  appeal.  Idem. 

Cited,  Marx  v.  Lewis,  24  Nev.  307  (53 
P.  600);  Johnson  v.  Badger  M.  &  M.  Co., 
12  Nev.  262. 

An  undertaking  on  appeal 'executed  on 
Sunday  is  valid.  The  execution  of  such  a 
bond  is  not  "transacting  judicial  business," 
and  is  not  prohibited  by  the  statute.  State 
v.  Cal.  M.  Co.,  13  Nev.  203,  210-212. 

What  held  to  be  a  sufficient  undertaking. 
Idem. 

The  presentation  and  acceptance  by  the 


clerk  of  a  certificate  of  deposit  is  a  suf- 
ficient compliance  with  this  section  if  the 
transaction  is  made  in  good  faith.  Alt  v 
Cal.  F.  S.  Co.,  18  Nev.  423,  424  (4  P.  743). 

An  appeal  from  an  order  rejecting  a 
claim  against  a  decedent's  estate  from  an 
order  dismissing  the  suit  of  appellant 
against  the  estate  as  represented  by  his 
attorneys  ad  litem  and  the  sole  heir  and 
from  an  order  dismissing  his  suit  against 
the  administrator  of  the  estate  with  only 
one  undertaking  for  $300,  will  be  dismissed 
for  misjoinder  of  appeals.  Griswold  v. 
Bender,  27  Nev.  369,  377  (75  P.  161). 

An  undertaking  on  appeal  is  not  essential 
where  the  attorney  for  respondent  entered 
into  a  written  stipulation  waiving  an  under- 
taking, such  stipulation  being  filed  with 
the  clerk.  (Marx  v.  Lewis,  24  Nev.  306 
reversed);  Hoffman  v.  Owens,  31  Nev.  481, 
483. 

One  undertaking  is  sufficient  for  an 
appeal  taken  both  from  the  judgment  and 
from  an  order  denying  a  new  trial.  Robin- 
son v.  Kind,  25  Nev.  261,  277  (59  P.  863). 

A  mistake  in  date  held  not  ground  for 
dismissing  appeal,  where  the  undertaking 
otherwise  clearly  identified  the  order 
appealed  from  and  the  mistake  was  simply 
a  clerical  error.*  Paul  v.  Cragnaz,  25  Nev. 
311  (47  L.  R.  A.  540,  59  P.  857). 

The  fact  that  an  undertaking  was  pre- 
pared and  completed,  ready  for  filing,  before 
the  notice  of  appeal  was  filed,  does  not 
render  it  insufficient  when  it  was  not  act- 
ually filed  until  the  proper  time  after  the 
notice  of  appeal  was  filed.  Idem. 


5847.    Undertaking  for  appeal  from  judgment  or  order  directing  payment 

of  money,  or  dissolving  attachment,  form  of. 

SEC.  405.  If  the  appeal  be  from  a  judgment  or  order  directing  the  pay- 
ment of  money,  or  from  an  order  dissolving  or  refusing  to  dissolve  an 
attachment,  it  shall  not  stay  the  execution  of  the  judgment  or  order  unless 
a  written  undertaking  be  executed  on  the  part  of  the  appellant  by  two  or 
more  sureties,  stating  their  places  of  residence  and  occupation,  to  the  effect 
that  they  are  bound  in  double  the  amount  named  in  the  judgment  or  order, 
or  double  the  sum  of  the  value  of  the  property  attached,  as  the  case  may  be, 
that  if  the  judgment  or  order  appealed  from,  or  any  part  thereof,  be 
affirmed,  the  appellant  shall  pay  the  amount  directed  to  be  paid  by  the 
judgment  or  order,  or  the  part  of  such  amount  as  to  which  the  judgment  or 
order  shall  be  affirmed,  if  affirmed  only  in  part,  and  all  damages  and  costs 
which  shall  be  awarded  against  the  appellant  upon  the  appeal.  When  the 
judgment  or  order  appealed  from  is  made  payable  in  a  specified  kind  of 
money  or  currency,  the  undertaking  required  by  this  section  shall  be  drawn 
and  made  payable  in  the  same  kind  of  money  or  currency  specified  in  such 
judgment  or  order,  and  in  case  of  any  appeal  from  an  order  dissolving  or 
refusing  to  dissolve  an  attachment,  such  undertaking  shall  be  conditioned, 
that  if  the  order  appealed  from  or  any  part  thereof  be  affirmed,  the  appel- 
lant shall  pay  to  the  opposing  party  on  such  appeal,  all  damages  and  costs 
caused  by  him  by  reason  of  said  appeal  and  the  stay  of  execution  thereon. 

Kerr,  C.C.P.,942. 

Appellants,  in  order  to  procure  a  stay  that  if  the  new  trial  was  denied,  the  prin- 
of  execution  on  a  judgment  for  $778,  pend-  cipal  should  give  a  good  and  sufficient 
ing  motion  for  a  new  trial,  gave  an  under-  undertaking  on  appeal:  Held,  that  an  under- 
taking conditioned,  among  other  things,  taking  on  appeal,  given  by  the  principal,  in 


1573  CIVIL  PRACTICE  Sec,  5351 

the  sum  of  $300,  was  not  a  "good  and  suf-  Cited,   State   v.   Alta   S.   M.   C.,   24   Nev. 

ficient    undertaking    within    the    contempla-  235  (51  P.  982). 

tion  of  the  provisions  of  the  previous  under-  On  an  appeal  from  a  money  judgment  in 

taking."      Frevert    v.    Swift,    19    Nev.    401  a  district  court,  where  the  only  undertaking 

(13  P.  6).  on    appeal    is    for    costs,    there    is    no    such 

An  undertaking  which  complies  with  this  vacation  or  suspension  of  the  judgment  as 

section  for  the  stay  of  execution  with  the  to   prevent   its   being  sued   on   in  a   foreign 

exception  of  binding  the  sureties  to  pay  in  state     during     pendency     of     such     appeal. 

-•old  coin,  is  sufficient.     State  v.  Cal.  M.  Co.,  Rogers  v.  Hatch,  8   Nev.  39,  41. 

].!   Xev.  203-211.  An"  appeal    from    a    judgment    does    not 

Such  an  undertaking  executed  on  Sunday  operate  to  vacate  or  suspend  such  judgment. 

i*  valid.    Idem.  Brooks   v.    Nickel    Syndicate,    24   Nev.    311, 

32 1  (53  P.  507). 

5348.  One  undertaking  only  required  for  appeal  from  judgment  or  order 

denying  new  trial. 

SEC.  406.  An  appeal  may  be  taken  from  an  order  granting  or  denying 
a  motion  for  a  new  trial  and  from  the  judgment  at  the  same  time  by  giving 
only  one  bond,  in  the  sum  of  three  hundred  dollars,  for  the  costs  on  appeal ; 
and  in  the  notice  of  such  double  appeal  it  may  be  stated  that  the  appeal  is 
from  both  the  judgment  and  the  order  granting  or  denying  the  motion  for 
a  new  trial,  and  upon  the  taking  of  such  double  appeal  the  one  undertaking 
to  stay  execution  in  the  ordinary  form,  and  in  the  amount  required  to  stay 
execution  on  appeal  from  the  judgment,  is  sufficient  to  stay  the  execution. 

5349.  I)0iid  on  appeal  from  order  or  judgment  directing  delivery  of  doc- 

uments or  personal  property. 

SEC.  407.  If  the  judgment  or  order  appealed  from  direct  the  assignment 
or  delivery  of  documents,  or  personal  property,  the  execution  of  the  judg- 
ment or  order  shall  not  be  stayed  by  appeal,  unless  the  things  required  to 
be  assigned  or  delivered  be  placed  in  the  custody  of  such  officer  or  receiver 
as  the  court  may  appoint ;  or  unless  an  undertaking  be  entered  into  on  the 
part  of  the  appellant,  with  at  least  two  sureties,  and  in  such  amount  as  the 
court  or  the  judge  thereof  may  direct,  to  the  effect  that  the  appellant  will 
obey  the  order  of  the  appellate  court  upon  the  appeal. 

Kerr,  C.  C.  P., 943. 

5350.  Appeal  from  judgment  or  order  directing  execution  of  conveyance 

stays  act. 

SEC.  408.  If  the  judgment  or  order  appealed  from  direct  the  execution 
of  a  conveyance  or  other  instrument,  the  execution  of  the  judgment  or  order 
shall  not  be  stayed  by  the  appeal  until  the  instrument  is  executed  and 
deposited  with  the  clerk  with  whom  the  judgment  or  order  is  entered,  to 
abide  the  judgment  of  the  appellate  court. 

Kerr,  C.C.P.,944. 

5351.  Appeal  from  judgment  or  order  directing  sale  of  property  does  not 

stay  execution  unless  undertaking  given— Mortgaged  premises. 

SEC.  409.  If  the  judgment  or  order  appealed  from  direct  the  sale  or 
delivery  of  possession  of  real  property,  the  execution  of  the  same  shall  not 
be  stayed  unless  a  written  undertaking  be  executed  on  the  part  of  the 
appellant,  with  two  or  more  sureties,  to  the  effect  that  during  the  possession 
of  such  property  by  the  appellant  he  will  not  commit  nor  suffer  to  be  com- 
mitted, any  waste  thereon,  and  that  if  the  judgment  be  affirmed  he  will  pay 
the  value  of  the  use  and  occupation  of  the  property  from  the  time  of  the 
appeal  until  the  delivery  of  possession  thereof,  pursuant  to  the  judgment  or 
order,  not  exceeding  a  sum  to  be  fixed  by  the  judge  of  the  court  by  which 
the  judgment  was  rendered  or  order  made,  and  which  shall  be  specified  in 
the  undertaking.  When  the  judgment  is  for  the  sale  of  mortgaged  prem- 
ises, and  the  payment  for  a  deficiency  arising  upon  the  sale,  the  undertaking 


See,  5352  CIVIL  PRACTICE  1574 

shall  also  provide  for  the  payment  of  such  deficiency.  In  all  other  cases, 
not  hereinbefore  mentioned,  the  amount  of  the  undertaking  to  stay  the 
execution  of  the  judgment  or  order  shall  be  fixed  by  the  court  or  the  judge 
thereof. 

Kerr,  C.  C.P.,945. 

See    Brooks    v.    Nickel    Syndicate,    under  The  stay  of  execution  in  contested  elec- 

sec.  405  of  this  act.  tion    cases,    not    being    specifically   provided 

At  the  time  the  motion  to  redeliver.  prop-  for,    comes    under    the    last    clause    of    this 

erty  was  made  no  notice  of  appeal  had  been  section.     Sweeney  v.  Karsky,  25  Nev.   197, 

given,  and  at  the  time  the  court  denied  the  201  (58  P.  813). 

motion     for     redelivery     of    possession     the  What    held    sufficient    bond    under    said 

appeal  had  not  been  perfected.     It  was  held  last  clause.     Idem. 

that    the    order    of    the    court    denying    the  When   application    was   first   made   to   fix* 

motion  was  correct.     Keese  M.   Co.  v.   Eye  a     stay    bond    pending    appeal,    the    court 

Patch  M.  Co.,  15  Nev.  143,  145.  authorized  a  temporary  stay  on  the  giving 

In  construing  sec.  345,  Stats.  1869,  196,  of  bond  for  $300,  reserving  the  right  there- 
it  was  held  that  there  is  nothing  in  said  after  to  establish  the  amount  of  a  perma- 
section  that  requires  an  undertaking,  in  an  nent  bond  pending  appeal.  The  court  there- 
action  to  foreclose  a  '  mechanic's  lien,  to  after  fixted  $150,000  as  the  amount  of  the 
secure  the  money  part  of  the  judgment  in  bond  to  stay  execution  pending  motion  for 
order  to  stay  the  order  directing  the  sale  of  new  trial.  Defendants  failed  to  introduce 
the  property.  Arrington  v.  Wittenberg,  11  any  proof  regarding  value  of  ore  they  were 
Nev.  285-287.  removing  from  the  property  and  as  to  plain- 

The    only    provision    for    a    covenant    in  tiff's  damage  from -waste  by  their  continued 

the  undertaking  to  pay  any  deficiency  aris-  possession.  .  It  was  held  that  the  court  had 

ing  upon  the  sale  applies  solely  to  cases  in  jurisdiction  to  fix  the  amount  of  such  stay 

which  the  judgment  is  for  the  sale  of  mort-  bond.     Silver  Peak  Mines  v.  District  Court, 

gaged  premises.     Idem.  33  Nev. — (110  P.  504). 

5352.  Appeal  stays  further1  proceedings— In  appeal  by  executor,  trustee 

or  administrator,  court  may  dispense  with  or  limit  undertaking. 

SEC.  410.  Whenever  an  appeal  is  perfected,  as  provided  by  the  preceding 
sections  in  this  chapter,  it  shall  stay  all  further  proceedings  in  the  court 
below,  upon  the  judgment  or  order  appealed  from,  or  upon  matter 
embraced  therein;  but  the  court  below  may  proceed  upon  any  other 
matter  included  in  the  action  and  not  affected  by  the  judgment  or  order 
appealed  from.  And  the  court  below  may,  in  its  discretion,  dispense  with 
or  limit  the  security  required  by  said  sections,  when  an  appellant  is  an 
executor,  administrator,  trustee,  or  other  person  acting  in  another's  right. 

Kerr,  C.  C.P.,946. 

See  Silver  Peak  Mines  v.  District  Court,  appellate  court.  It  refers  solely  to  matters 
under  sec.  409  of  this  act.  incident  to  the  district  court.  Lake  v. 

This  section  does  not  give  jurisdiction  to       Lake,  17  Nev.  230,  242,  244  (30  P.  878). 
the    district    court   to    matter   affecting   the 

5353.  Undertakings  may  be  in  one  instrument  in  certain  cases. 

SEC.  411.  The  undertaking  prescribed  by  sections  404,  405,  406  and  407, 
may  be  in  one  instrument  or  several,  at  the  option  of  the  appellant. 

Kerr,  C.C.P.,947. 

Cited,  State  v.  Cal.  M.  Co.,  13  Nev.  212;  Sweeney  v.  Karsky,  25  Nev.  201  (58  P.  813). 

5354.  Affidavit  of  sureties— Undertaking  on  appeal,  waiver  of— Deposit 

in  lieu  of  undertaking. 

SEC.  412.  An  undertaking  on  appeal  shall  be  of  no  effect  unless  it  be 
accompanied  by  the  affidavit  of  the  sureties  that  they  are  each  worth  the 
amount  specified  therein,  over  and  above  their  just  debts  and  liabilities, 
exclusive  of  the  property  exempt  from  execution;  except  where  the  judg- 
ment exceeds  three  thousand  dollars  and  the  undertaking  on  appeal  is 
executed  by  more  than  two  sureties,  they  may  state  on  their  affidavit,  that 
they  are  severally  worth  amounts  less  than  that  expressed  in  the  undertak- 
ing, if  the  whole  amount  be  equivalent  to  that  of  two  sufficient  sureties. 
The  adverse  party  may,  however,  except  to  the  sufficiency  of  the  sureties 


1575  CIVIL  PRACTICE  Sec.  5356 

within  five  days  after  the  filing  of 'the  undertaking,  and,  unless  they  or 
other  sureties  justify  before  the  judge  of  the  court  below,  or  clerk,  within 
five  days  thereafter,  upon  notice  to  the  adverse  party,  to  the  amounts 
stated  in  their  affidavits,  the  appeal  shall  be  regarded  as  if  no  such  under- 
taking had  been  given ;  and  in  all  cases  where  an  undertaking  is  required 
on  appeal  by  the  provisions  of  this  chapter,  a  deposit  in  the  court  below  of 
the  amount  of  the  judgment  appealed  from,  and  three  hundred  dollars  in 
addition,  shall  be  equivalent  to  filing  the  undertaking,  and  in  all  cases  the 
undertaking  or  deposit  may  be  waived  by  the  written  consent  of  the 
respondent. 

Kcrr,  C.  C.  P.,  948. 

SIM-  Botsford  v.  Van  Riper,  under  sec.  404  An  undertaking  on  appeal  is  not  essential 

of  tliis  act.  where    waived   by   respondent.      Hoffman    v. 

cited,  Johnson   v.   Badger  M.   &   M.   Co..       Owens,  31  Nev.  481,  486  (103  P.  414). 
li'  Nev.  262. 

5355.  Appeal  stays  proceedings  except  on  order  directing  sale  of  perish- 

ahle  property. 

SEC.  413.  In  cases  not  provided  for  in  sections  404,  405,  408  and  409, 
the  perfecting  of  an  appeal  by  giving  the  undertaking,  and  the  justification 
of  the  sureties  thereon,  if  required,  or  making  the  deposit  mentioned  in 
section  404,  shall  stay  proceedings  in  the  court  below  upon  the  judgment  or 
order  appealed  from,  except  that  where  it  directs  the  sale  of  perishable 
property  the  court  below  may  order  the  property  to  be  sold,  and  the  pro- 
ceeds thereof  to  be  deposited  to  abide  the  judgment  of  the  appellate  court. 

K.-rr,  (\  (1.  P.,t>4«>. 

Set-  Silver  IVak  Mines  v.  District  Court,  under  sec.  4(M)  of  this  act. 

5356.  Appeal  from  final  judgment  or  order— Transcript  of,  what ;to  consist. 
SEC.  414.    On  an  appeal  from  a  final  judgment,  the  appellant  shall  fur- 
nish the  court  with  a  transcript  of  the  notice  of  appeal,  and  the  statement, 
if  there  be  one,  certified  by  the  respective  attorneys  of  the  parties  to  the 
appeal,  or  by  the  clerk  of  the  court.    On  an  appeal  from  an  order,  the 
appellant  shall  furnish  the  court  with  a  copy  of  the  notice  of  appeal,  the 
order  appealed  from,  and  a  copy  of  the  papers  used  on  the  hearing  in  the 
court  below,  and  a  statement  if  there  be  one,  such  copies  to  be  certified  in 
like  manner  to  be  correct.    If  any  written  opinion  be  placed  on  file  in 
rendering  judgment  or  making  the  order  in  the  court  below,  a  copy  shall 
be  furnished,  certified  in  like  manner.    If  the  appellant  fails  to  furnish 
the  requisite  papers,  the  appeal  may  be  dismissed. 

Cited,  Marshall  v.  Golden  Fleece  M.  Co.,  be  presumed,  in  the  absence  of  an  affirmative 

16  Nev.  172.  showing  to  the  contrary,  that  evidence  neces- 

The  formal   decision   required  to   be  filed  sary  to  support  the  order  was  introduced  at 

after  trial  of  an  issue  of  fact  by  the  court,  the  hearing.     Idem. 

under  sec.  285  of  this  act,  is  different  from  Cited,   Eeinhart   v.   Company   D,   23    Nev. 

the  written   opinion   mentioned  in   this  sec-  372(47  P.  979);   Bliss  v.   Grayson,  24  Nev. 

tion.     Keno  W.  L.   &  L.   Co.   v.   Osburn,   25  436,  437  (56  P.  231);  Smith  v.  Wells  Estate 

Nev.  53  (56  P.  945).  Co.,  29  Nev.  411,  418  (91  P.  315). 

The   "written   opinion"   does  not   refer  to  The  written   opinion   and  findings   of  the 

findings.     Corbett  v.  Job,  5  Nev.  201,  205.  lower   court   do   not   constitute   any  part   of 

Cited,  Irwin  v.  Samson,  10  Nev.  282,  283;  the  "judgment  roll,"  but  are  only  intended 

Gaudette  v.  Glissan,  11  Nev.  185;  Weinrich  to  aid  the  appellate  court  in  the  determina- 

v.  Porteous,  12  Nev.  102,  104.  tion  of  an  appeal.     Werner  v.  Babcock,  33 

In  the  authentication  of  papers  to  be  used  Nev.  —  (116  P.  357). 

upon  appeal,  the  policy  of  the  statute  is  to          As  an  appeal,  in  the  absence  of  statement 

restrict    the    authority   of   the   clerk   to   the  or  bill   of   exceptions,  carries   up   the   judg- 

record   of   the   case.     Thompson   v.   Reno   S.  ment  roll  alone,  findings  made  by  the  trial 

Bank,  19  Nev.  293,  294  (9  P.  883).  court  cannot  be  considered,  in  the  absence 

When  the  motion  upon  which  an  order  was  of  a  statement  or  bill  of  exceptions.  Idem, 
passed  was  one  that  could  be  made  or  Where  a  judgment  is  supported  by  the 

opposed  on  other  evidence  than  the  records  pleadings,     and     nothing     save     the     record 

of  the  case,  the  fact  cannot  be  established  proper  is  before  the  appellate  court,  it  must 

1>\    the  certificate  of  the  clerk,  and  it  must  be  affirmed.     Idem. 


Sec.  5857  CIVIL  PRACTICE  1576 

In  appeals  from  orders  granting  or  refus-  to    be    considered.     The    method    of    taking 

ing  a   new  trial,   a   statement   on   appeal   is  appeals,  and  the  questions  to  be  considered 

not   necessary.     Gregory  v.   Frothingham,   1  thereunder  by  the  appellate  court,  are  mat- 

Nev.  253,  259.  ters    of    purely    statutory    regulation.     Bur- 

This   section    directs   that   certain   papers  bank  v.  Eivers,  20  Nev.  81  (16  P.  430). 

shall  be  brought  up  on  appeal;   it  does  not  Transcript    without    statement.     Where    a 

in  express  terms  prohibit  other  papers  from  transcript    on    appeal    contained    neither    a 

being  brought   up.     Howard  v.   Richards,   2  statement   on   motion   for  new  trial   nor   on 

Nev.  129,  137,  138.  appeal:     Held,  that  there  was  nothing  in  it 

The  legislature  never  intended  to  deprive  for      review      except      the      judgment      roll, 

the  appellate  court  of  the  power  to  examine  McCausland  v.  Lamb,  7  Nev.  238. 

bills    of    exception    and    other    parts    of   the  Failure  of  transcript  to  show  disposition 

record  which  are  not  mentioned  in  this  sec-  of  motion  for  new  trial.     Judgment  roll  only 

tion.     Idem.  will  be  looked  into;    and  if  no  error  appears 

We  must  look  to  the  record  to  see  if  there  in  it,  the  judgment  will  be  affirmed.     Neil  v. 

is  any  foundation  for  a  judgment  appealed  Daniel,  4  Nev.  436. 

from.  As  the  filing  of  a  cost  bill  is  the  only  Points  not  covered  by  transcript  not  con- 
thing  that  gives  jurisdiction  to  enter  up  sidered.  Alleged  error  in  refusing  to  grant 
a  judgment  for  costs,  we  must  look  to  the  a  continuance  cannot  be  considered  by  the 
record  to  see  if  any  such  bill  was  ever  filed  supreme  court,  if  the  affidavits  are  not  prop- 
and  if  an  examination  of  the  cost  bill  shows  erly  in  the  transcript,  and  there  is  no  bill 
error  in  the  judgment  for  costs,  that  error  of  exceptions,  nor  statement.  State  v. 
must  be  corrected.  Idem.  Wallin,  6  Nev.  280. 

Appeal  —  Transcript  —  Original    papers.  See  Bliss  v.  Grayson,  24  Nev.  436,  437  (56 

Where,  instead  of  a  regular  transcript,  the  P.  231). 

original  papers  are  sent  up  on  appeal,  they  Transcript  must  show  facts  directly.  State 
must  be  certified  to  be  such  originals,  and  v.  Manhattan  S.  M.  Co.,  4  Nev.  318. 
to  constitute,  in  whole  or  in  part,  the  record  Statement  on  appeal — Papers  not  part  of 
on  appeal.  Where  there  is  no  certificate  to  record.  Papers  not  made  a  part  of  the 
that  effect,  the  appeal  will,  upon  motion,  be  statement  on  motion  for  new  trial,  nor  other- 
dismissed.  Holmes  v.  Iowa  M.  Co.,  23  Nev.  wise  identified  as  provided  by  the  statute, 
23  (41  P.  762) ;  Peers  v.  Reed,  23  Nev.  404  cannot  be  considered  upon  the  appeal.  Beck 
(48  P.  897).  '  v.  Thompson,  22  Nev.  109  (36  P.  562). 

Appeal — Statutory   regulations — Questions 

5357.  Transcript  on  appeal  may  be  either  printed  or  typewritten—Rule 

of  costs. 

SEC.  415.  The  transcript  on  appeal  may  be  either  printed  or  typewritten, 
but  in  case  the  transcript  is  printed,  the  appellant  shall  not  be  entitled  to 
recover  as  costs  a  greater  amount  than  he  would  be  entitled  to  if  the 
transcript  were  typewritten. 

5358.  Appeals  not  to  be  dismissed  except  for  substantial  errors  in  pro- 

ceeding. 

SEC.  416.  No  appeal  shall  be  dismissed  for  insufficiency  of  the  notice  of 
appeal  or  undertaking  thereon ;  provided,  that  a  good  and  sufficient  under- 
taking approved  by  the  justices  of  the  supreme  court  or  a  majority  thereof, 
be  filed  in  the  supreme  court  before  the  hearing  upon  motion  to  dismiss  the 
appeal;  provided,  that  the  respondent  shall  not  be  delayed,  but  may  move 
when  the  cause  is  regularly  called,  for  the  disposition  of  the  same,  if  such 
undertaking  be  not  given.  An  appeal  shall  not  be  dismissed  for  any  irregu- 
larity not  affecting  the  jurisdiction  of  the  court  to  hear  and  determine  the 
appeal  or  affecting  the  substantial  rights  of  the  parties  and  where  any 
defect  or  irregularity  can  be  cured  by  amendment,  such  amendment  shall 
be  allowed  on  proper  application  upon  such  terms  as  the  supreme  court 
shall  deem  just. 

The  act  of  1889,  22,  provides  that  the  cited  to  the  following  effect:  This  section 
statement  "when  settled  or  agreed  to  shall  does  not  require  that  the  presumption  exist 
be  presumed  to  contain  all  the  evidence  and  when  the  contrary  appears  from  the  state- 
other  matters  pertinent  to  the  proper  pre-  ment  itself.  Poujade  v.  Ryan,  21  Nev.  450, 
sentation  of  the  question  involved,  unless  451  (33  P.  659). 

the  contrary  affirmatively  appears,"  and  was  Cited,  Christensen  v.  Floriston  Paper  Co., 

29  Nev.  567  (92  P.  210). 

5359.  Power  of  appellate  court  on  appeal. 

SEC.  417.    Upon  an  appeal  from  a  judgment  or  order,  the  appellate 


CIVIL  PRACTICE 


Sec.  5861 


lourt  may  reverse,  affirm,  or  modify  the  judgment  or  order  appealed  from, 
in  the  respect  mentioned,  in  the  notice  of  appeal,  and  as  to  any  or  all  of 
the  parties ;  and  may  set  aside,  or  affirm,  or  modify,  any  or  all  of  the  pro- 
ceedings subsequent  to  or  dependent  upon  such  judgment  or  order,  and 
may,  if  necessary  or  proper,  order  a  new  trial,  or  that  further  action  or 
proceedings  be  had  in  the  lower  court  without  a  new  trial,  and  may 
remand  the  case  for  such  further  action  or  proceedings  only.  When  the 
judgment  or  order  is  reversed  or  modified,  the  appellate  court  may  make 
complete  restitution  of  all  property  and  rights  lost  by  erroneous  judgment 
or  order,  and  when  it  appears  to  the  appellate  court  that  the  appeal  was 
made  for  delay,  it  may  add  to  the  costs  such  damages  as  may  be  just. 

See  sec.  4835. 

Probate  appeals,  sec.  6113. 

Under  this  section,  providing  that  the 
supreme  court  may  reverse,  affirm,  or  modify 
the  judgment  or  order  appealed  from,  and 
may,  if  necessary,  order  a  new  trial,  etc., 
the  rourt  on  reversing  an  order  denying  a 
i;e\\  trial  demanded  for  insufficiency  of  evi- 
dence to  support  the  verdict  may  remand 
the  case,  with  directions  to  the  trial  court 
to  consider  and  pass  on  such  grounds  anew. 
Goldfield-Mohawk  M.  Co.  v.  Frances-Mohawk 
M.  Co.,  33  Nev.— (112  P.  43). 

Tinier  the  statute  making  insufliciency  of 
the  evidence  to  justify  the  verdict  ground 
for  a  new  trial,  the  refusal  of  the  trial  judge 
to  pass  on  Mi'-h  ground  in  support  of  a 
motion  tor  new  trial  is  error.  Idem. 

Damages  for  appealing  for  delay  are  prop- 
eily  assessed  on  dismissal  for  failure  to 
appeal  in  time,  where  appellant  waited  until 
what  he  supposed  to  be  the  last  day  for 


appeal,  brought  no  record  up,  and  did  not 
resist  the  motion  to  dismiss.  Paroni  v.  Sim- 
onsen,  :;.">  Nev.  — (115  P.  415). 

Where  an  appeal,  devoid  of  merit,  appears 
to  have  Keen  made  for  delay,  damages  in 
addition  to  costs  will  be  imposed.  Kercheval 
v  McKenney,  4  Nev.  294;  Escere  v.  Torre, 
14  Nev.  51;  Allen  v.  Mayberry,  14  Nev.  115; 
(Jam mans  v.  Roussell,  14  Nev.  171. 

Whilst  the  mere  reversal  of  a  judgment 
will  not  invalidate  a  sale  regularly  made, 
there  is  no  doubt  that  courts  may,  under 
proper  circumstances  (when  the  rights  of 


innocent  parties  are  not  thereby  injuriously 
.iH'ected  )  set  aside  such  sales.  Hastings  \. 
B.  M.  G.  &  S.  Co.,  2  Nev.  100,  104. 

Sales  under  erroneous  judgments  will  be 
set  aside  so  far  as  can  be  done  without 
injury  to  third  parties.  Idem. 

When  a  judgment  is  reversed  the  parties 
should  as  near  as  possible  be  restored  to  the 
condition  they  were  in  before  error  was 
committed.  Idem. 

A  party  purchasing  at  a  judicial  sale  and 
paying  liis  money  ought,  as  a  matter  of 
policy,  to  be  protected.  Idem. 

cited.  Lake  v.  Lake,  17  Nev.  237(30  P. 
BT8)j  Lake  v.  Bender,  18  Nev.  372,  373,  370 
I  P,  711). 

It  is  only  in  cases  where  the  judgment  is 
reversed,  or  so  far  modified  as  to  make  it 
inequitable  to  allow  the  sale  to  stand  that 
a  court  would  be  authori/ed  to  set  aside  an 
execution  sale.  Martin  v.  Victor  M.  &  M, 
Co.,  1!»  Xev.  197,  198  (9  P.  336). 

<  itcd,  State  v.  C.  P.  E.  E.  Co.,  21  Nev.  175 
(26  P.  225) ;  State  v.  Shaw,  21  Nev.  224  (29 
P.  321). 

Where  a  judgment  was  excessive  through 
misadvertence  of  the  trial  judge,  the  supreme 
court,  in  the  event  of  a  denial  of  a  new  trial 
without  requiring  remission  of  the  excess, 
on  its  attention  being  called  to  the  error, 
would  modify  the  judgment,  and  affirm  the 
order  denying  the  motion  for  a  new  trial. 
Costello  v.  Scott,  30  Nev.  45,  85  (93  P.  1). 


5360.  Judgment  on  appeal,  how  certified  and  entered. 

SEC.  418.  When  judgment  is  rendered  upon  the  appeal,  it  shall  be  certi- 
fied by  the  clerk  of  the  supreme  court  to  the  clerk  with  whom  the  judgment 
roll  is  filed  or  the  order  appealed  from  is  entered.  In  cases  of  appeal  from 
the  judgment,  the  clerk  with  whom  the  roll  is  filed  shall  attach  the  certifi- 
cate to  the  judgment  roll  and  enter  a  minute  of  the  judgment  of  the 
supreme  court  on  the  docket  against  the  original  entry.  In  cases  of  appeal 
from  an  order,  the  clerk  shall  enter  at  length,  in  the  records  of  the  court, 
the  certificate  received,  and  minute  against  the  entry  of  the  order  appealed 
from  a  reference  to  the  certificate,  with  a  brief  statement  that  the  order 
has  been  affirmed,  reversed,  or  modified,  as  the  case  may  be,  by  the  supreme 
court  on  appeal. 

5361.  Execution  for  costs  to  be  issued  when  remittitur  filed. 

SEC.  419.  Whenever  costs  are  awarded  to  a  party  by  an  appellate 
court,  such  party  may  have  an  execution  for  the  same  on  filing  a  remittitur 
with  the  clerk  of  the  court  below,  and  it  shall  be  the  duty  of  such  clerk, 


Sec.  5362  CIVIL  PRACTICE  1578 

whenever  the  remittitur  is  filed,  to  issue  the  execution  upon  application 
therefor,  and  whenever  costs  are  awarded  to  a  party  by  an  order  of  any 
court,  such  party  may  have  an  execution  therefor  in  like  manner  as  upon 
a  judgment. 

Kerr,  C.  C.  P.,  1034. 

CHAPTER  47 
MOTIONS  AND  ORDERS 

5362.  Order  and  motion  defined.  5365.  When  judge  unable  to  hear  motion  or 

5363.  Motions  and  orders,  where  made.  order,  another  judge  may  hear. 

5364.  Notice    of    motion,    at    what    time    to       5366.  Order    for    payment    of    money,    how 

be  given.  enforced. 

5862.    Order  and  motion  defined. 

SEC.  420.  Every  direction  of  a  court  or  judge  made  or  entered  in  writ- 
ing, and  not  included  in  a  judgment,  is  denominated  an  order.  An  appli- 
cation for  an  order  is  a  motion. 

Kerr,  C.  C.  P.,  1003. 

The  statute  clearly  points  out  the  distinc-  from  and  very  nearly  conforms  to  chapter 
tion  between  the  word  "judgment"  and  the  11  of  the  New  York  code  of  1848.  Curtis  v. 
word  "order."  Sparrow  v.  Strong,  2  Nev.  368.  McCullough,  3  Nev.  213. 

Title  15  of  the  act  of  1861,  392,  was  taken  Cited,  Iowa  M.  Co.  v.  Bonanza  M.  Co.,  16 

Nev.  71. 

5363.  Motions  and  orders,  where  made. 

SEC.  421.  Motions  and  orders  which  may  be  made  at  chambers  may  be 
made  in  any  part  of  the  state. 

Kerr,  C.  C.  P.,  1004. 

5364.  Notice  of  motion,  at  what  time  to  be  given. 

SEC.  422.  When  a  written  notice  of  a  motion  is  necessary,  it  must  be 
given,  if  the  court  be  held  in  the  same  county,  where  both  parties  reside, 
five  days  before  the  time  appointed  for  the  hearing;  otherwise,  ten  days. 
When  the  notice  Is  served  by  mail,  the  number  of  days  before  the  hearing 
must  be  increased  one  day  for  every  twenty-five  miles  of  distance  between 
the  place  of  deposit  and  the  place  of  service ;  such  increase,  however,  not 
to  exceed  in  all  twenty  days;  but  in  all  cases  the  court  or  a  judge  thereof 
may  prescribe  a  shorter  time. 

Kerr,  C.  C.  P.,  1005. 

Where    a    copy   of   notice    of   appeal    was  to  a  notice  of  appeal  for  which  no  such  time 

served  on  the  attorneys  for  defendant  at  a  to    enable    action    to    be    taken    thereon    is 

certain   time    and    place    by    "exhibiting    to  necessary.     Simon   v.   Matson,  25   Nev.  405, 

them  personally  the  said  copy  and  by  leav-  409  (61  P.  478). 

ing  the  same  in  a  conspicuous  place  in  their  When    a    statute    says    an    order    may    be 

office,"  it  was  held  a  substantial  compliance  made  on  due  notice  to  the  opposite  side,  it 

with  the  statute.     Clark  v.  Strouse,  11  Nev.  means  the  statutory  written   notice  of  five 

76,  77.  days,  and  it  would  not  be  proper  to  hear  a 

•    Service  of  a  notice  of  appeal  is  completed  motion  and  make  the  order  until  such  notice 

on   its    deposit    in   the   postoffice,    since   the  had    been    given    and    the    full    five    days 

extension  of  time  provided  does  not  apply  expired.     Wilde  v.  Wilde,  2  Nev.  306,  307. 

5365.  When  judge  unable  to  hear  motion  or  order,  another  judge  may 

hear. 

SEC.  423.  When  a  notice  of  a  motion  is  given,  or  an  order  to  show  cause 
is  made  returnable  before  a  judge  out  of  court,  and  at  the  time  fixed  for 
the  motion,  or,  on  the  return  day  of  the  order,  the  judge  is  unable  to  hear 
the  parties,  the  matter  may  be  transferred  by  his  order  to  some  other  judge 
before  whom  it  might  originally  have  been  brought. 

Kerr,  C.  C.  P. ,1006. 
See  sec.  4922. 

5366.  Order  for  payment  of  money,  how  enforced. 

SEC.  424.    Whenever  an  order  for  the  payment  of  a  sum  of  money  is 


1579  CIVIL  PRACTICE  Sec,  5370 

made  by  a  court,  it  may  be  enforced  by  execution  in  the  same  manner  as 
if  it  were  a  judgment. 

Kerr,  C.  C.  P.,  1007. 

CHAPTER  48 
NOTICES — FILING  AND  SERVING  OF  PAPERS 

.i;!i>7.  Notices  and  papers,  how  served.  5372.  Idem — Description   of   seal   not  neces- 

5368.  Title    does    not    apply    to    original    or  sary. 

final  process.  5373.  Service  by  mail,  how  made. 

5369.  Service,  when  and  how  made.  5374.  Appearance — Notice  after  appearance. 
•~.'!7<>.  Service  by  mail,  when.  5375.  Service    on   nonresidents — When   serv- 
."i.".71.  Service  of  writ  or  papers  sent  by  tele-  ice  to  be  on  attorney. 

graph — Original  filed  with  court. 

5367.  Notices  and  papers,  how  served. 

SEC.  425.  Written  notices  and  other  papers,  when  required  to  be  served 
on  the  party  or  an  attorney,  shall  be  served  in  the  manner  prescribed  in 
the  next  three  sections,  when  not  otherwise  provided. 

Kerr,  (\  (\  P.,  1010. 

Power  of  attorney  to  bind  client,  sees.  507-509. 

5368.  Title  does  not  apply  to  original  or  final  process. 

SEC.  426.  Nothing  in  this  title  shall  be  applicable  to  original  or  final 
process,  or  any  proceedings  to  bring  a  party  into  contempt. 

5369.  Service,  when  and  how  made. 

SEC.  427.  The  service  may  be  personal,  by  delivery  to  the  party  or  his 
attorney,  on  whom  the  service  is  required  to  be  made,  or  it  may  be  as 
follows : 

1.  If  upon  an  attorney,  it  may  be  made  during  his  absence  from  his  office, 
by  leaving  the  notice  or  other  papers  with  his  clerk  therein,  or  with  a  per- 
son having  charge  thereof;   or  when  there  is  no  person  in  the  office,  by 
leaving  them,  between  the  hours  of  eight  in  the  morning  and  six  in  the 
afternoon,  in  a  conspicuous  place  in  the  office ;  or  if  it  be  not  open,  so  as  to 
admit  of  such  service,  then  by  leaving  them  at  the  attorney's  residence, 
with  some  person  of  suitable  age  and  discretion;   and  if  his  residence  be 
not  known,  then  by  putting  the  same,  inclosed  in  an  envelope,  postage 
thereon  prepaid,  into  the  postoffice,  directed  to  such  attorney. 

2.  If  upon  a  party,  it  may  be  made  by  leaving  the  notice  or  other  paper 
at  his  residence,  between  the  hours  of  eight  in  the  morning  and  six  in  the 
evening,  with  some  person  of  suitable  age  and  discretion,  and  if  his  resi- 
dence be  not  known,  by  putting  the  same,  inclosed  in  an  envelope,  postage 
thereon  prepaid,  into  the  postoffice,  directed  to  such  party;  provided,  how- 
ever, that  in  all  cases  where  the  party  on  whom  the  service  is  to  be  made 
has  no  office,  or  does  not  reside  at  the  county-seat  where  the  action  or  pro- 
ceeding is  pending,  the  service  may  be  made  by  filing  the  papers  or  notice 
to  be  served  in  the  county  clerk's  office  and  the  service  shall  be  deemed 
complete  at  the  expiration  of  ten  days  from  the  date  of  such  filing. 

Kerr,  C.  C.  P.,  1011. 

('lark  v.  Strouse,  under  sec.  422  of  this       attorney  at  his  residence,  it  is  insufficient. 
act.  Reese  M.  Co.  v.  Eye  Patch  M.  Co.,  15  Nev. 

If    the    affidavit    does   not    show    that    an       341,  344. 
Mttempt    was   made  to   serve   notice   on   the 

5370.  Service  by  mail,  when. 

SEC.  428.  Service  by  mail  may  be  made,  when  the  person  making  the 
service  and  the  person  on  whom  it  is  to  be  made  reside  at  different  places, 
between  which  there  is  a  regular  communication  by  mail. 

Kerr,  C.  C.  P.,  1012. 

Sec  Clark  v.  Strouse,  and  Simon  v.  Matson,  under  sec.  422  of  this  act. 


Sec.  5371  CIVIL  PRACTICE  1580 

5371.  Service  of  writ  or  papers  sent  by  telegraph— Original  to  be  filed 

with  court. 

SEC.  429.  Any  writ  or  order  in  any  civil  suit  or  proceeding,  and  all 
other  papers  requiring  service,  may  be  transmitted  by  telegraph  for 
service  in  any  place;  and  the  telegraphic  copy  of  such  writ,  or  order 
or  paper,  so  transmitted,  may  be  served  or  executed  by  the  officer  or 
person  to  whom  it  is  sent  for  that  purpose,  and  returned  by  him,  if 
any  return  be  requisite,  in  the  same  manner,  and  with  the  same 
force  and  effect,  in  all  respects,  as  the  original  thereof  might  be,  if 
delivered  to  him;  and  the  officer  or  person  serving  or  executing  the 
same  shall  have  the  same  authority,  and  be  subject  to  the  same  liabil- 
ities, as  if  the  said  copy  were  the  original.  The  original,  when  a  writ, 
or  order,  shall  also  be  filed  in  the  court  from  which  it  was  issued,  and  a 
certified  copy  thereof  shall  be  preserved  in  the  telegraph  office  from  which 
it  was  sent.  In  sending  it  either  the  original  or  certified  copy  may  be  used 
by  the  operator  for  that  purpose. 

5372.  Idem— Description  of  seal  not  necessary. 

SEC.  430.  Whenever  any  document  to  be  sent  by  telegraph  bears  a  seal, 
either  private  or  official,  it  shall  not  be  necessary  for  the  operator,  in 
sending  the  same,  to  telegraph  a  description  of  the  seal  or  any  words  or 
device  thereon;  but  the  same  may  be  expressed  in  the  telegraphic  copy 
by  the  letters  "L.  S.,"  or  by  the  word  "seal";  and  wherever  any  such  docu- 
ment bears  a  revenue  stamp,  it  shall  be  sufficient  to  express  the  same  in 
the  telegraphic  copy  by  the  word  " stamp,"  without  any  other  or  further 
description  thereof. 

5373.  Service  by  mail,  how  made. 

SEC.  431.  In  case  of  service  by  mail,  the  notice  or  other  paper  must  be 
deposited  in  the  postoffice,  addressed  to  the  person  on  whom  it  is  to  be 
served,  at  his  office  or  place  of  residence,  and  the  postage  paid.  The 
service  is  complete  at  the  time  of  the  deposit,  but  if  within  a  given  number 
of  days  after  such  service  a  right  may  be  exercised,  or  an  act  is  to  be  done 
by  the  adverse  party,  the  time  within  which  such  right  may  be  exercised 
or  act  be  done,  is  extended  one  day  for  every  twenty-five  miles  of  dis- 
tance between  the  place  of  deposit  and  the  place  of  address.  Such  exten- 
sion, however,  not  to  exceed  forty  days  in  all. 

Kerr,  C.  C.  P.,  1013. 

5374.  Appearance— Notice  after  appearance. 

SEC.  432.  A  defendant  shall  be  deemed  to  appear  in  an  action  when  he 
answers,  demurs,  or  gives  the  plaintiff  written  notice  of  his  appearance, 
or  when  an  attorney  gives  notice  of  appearance  for  him.  After  appear- 
ance, a  defendant,  or  his  attorney,  shall  be  entitled  to  notice  of  all  subse- 
quent proceedings  of  which  notice  is  required  to  be  given.  But  where  a 
defendant  has  not  appeared,  service  of  notice  or  papers  need  not  be  made 
upon  him,  unless  he  be  imprisoned  for  want  of  bail. 

Kerr,  C.  C.  P.,  1014. 

The  statute,  having  prescribed  what  shall  Where  it  is  necessary  on  the  application 

be  an  appearance  for  certain  purposes,  does  to  determine  several  questions  of  fact,  such 
not  preclude  an  appearance  in  a  different  motion  should  not  be  entertained  except  on 
manner  for  other  purposes.  Curtis  v.  McCul-  notice  to  the  opposite  party,  and  a  refusal 
lough,  3  Nev.  202,  212,  213.  to  vacate  an  order  obtained  without  not  ire. 

A    general    appearance    not    only    waives      is  error.     Pratt  v.  Rice,  7  Nev.  123,  126. 
defect  in  a  writ  or  summons,  but  gives  juris-  Cited,  State  v.  Pritchard,  15  Nev.  84. 

diction  over  the  person  in  cases  where  the  The   object   of   a   summons   is   to   put   the 

writ  was  void.     Idem.  defendant  upon  notice  of  a  demand  against 

Cited,  In  re  Schnitzer,  33  Nev.  —  (112  P.  him,  and  to  bring  him  into  court  at  the  time 
849).  therein  specified.  If  the  defendant  makes 


CIVIL  PRACTICE 


Sec,  5377 


question  of  jurisdiction  based  on  a  matter 
of  service  of  process.  Golden  v.  Murphy,  31 
Nev.  395,  419  (103  P.  394). 

In  an  action  for  divorce,  the  notice  of 
application  for  the  allowance  of  counsel  fees 
must  be  served  upon  the  attorney  (if  there 
be  one)  instead  of  the  party.  Lake  v.  Lake, 
16  Nev.  363,  366. 


general  appearance  by  filing  a  demurrer 
>r  answer,  the  court  could  thereafter  pro- 
ceed and  grant  any  relief  to  which  the  plain- 
tiff is  entitled,  regardless  of  the  error  in 
form  of  the  notice  inserted  in  the  summons. 
Sweeney  v.  Schultes,  19  Nev.  53,  57  (6  P.  44). 

By  answering  to  the  merits  the  defendant 
waived  any  question  of  service  and  could 
lot,  at  the  same  time,  answer  and  reserve  a 

1375.    Service  on  nonresidents— When  service  to  be  on  attorney. 

SEC.  433.  When  a  plaintiff  or  a  defendant  who  has  appeared  resides 
>ut  of  the  state  and  has  no  attorney  in  the  action  or  proceeding,  the 
ace  may  be  made  on  the  clerk  for  him.  But  in  all  cases  where  a  party 
an  attorney  in  the  action  or  proceeding,  the  service  of  papers,  when 
required,  shall  be  upon  the  attorney  instead  of  the  party,  except  subpenas, 
or  writs,  and  other  process  issued  in  the  suit,  and  of  papers  to  bring  him 
into  contempt. 

Kerr,  C.C.P.,101.-). 

CHAPTER  49 
COSTS 

'.:;:•;.  Attorney  fees,  agreement  and  lien  for       5385. 

— Costs  to  prevailing  party. 

SI77.  <'osts,  when  allowed.  5386, 

178.  Several  action — Costs  allowed  for  one       5387. 

only. 
579.  Defendant's  costs  must  be  allowed  in       5388. 

certain  cases. 
Costs,  when   in  the   discretion   of  the      5389. 

court. 

Costs  on  appeal,  when  allowed. 
Keferees,  fees  of.  .•,:;«. MI. 

Continuance,  costs  may  be  imposed  as       5391. 

condition  of. 

584.  Action    for    the    recovery    of    money,       5392. 
tender,  costs.  5393. 


Costs  in  action  by  or  against  adminis- 
trator or  trustee. 

Costs  in  review  other  than  by  appeal. 

Filing  and  service  of  verified  cost  bill, 
retaxing. 

Interest  and  costs  must  be  included 
by  clerk  in  judgment. 

When  plaintiff  nonresident  or  foreign 
corporation,  defendant  may  require 
security  for  costs. 

Idem — Sureties  must  make  affidavit. 

Idem — If  security  not  given,  action 
may  be  dismissed. 

Costs,  when  state  is  a  party. 

Costs,  when  county  is  a  party. 


1376.    Attorney  fees,  agreement  and  lien  for— Costs  to  prevailing  party. 

SEC.  434.  The  compensation  of  an  attorney  and  counselor  for  his  serv- 
ices is  governed  by  agreement,  express  or  implied,  which  is  not  restrained 
by  law.  From  the  commencement  of  an  action,  or  the  service  of  an  answer 
containing  a  counterclaim,  the  attorney  who  appears  for  a  party  has  a 
lien  upon  his  client's  cause  of  action  or  counterclaim  which  attaches  to  a 
verdict,  report,  decision,  or  judgment  in  his  client's  favor  and  the  pro- 
ceeds thereof  in  whosesoever  hands  they  may  come,  and  cannot  be  affected 
by  any  settlement  between  the  parties  before  or  after  judgment.  There 
shall  be  allowed  to  the  prevailing  party  in  any  action,  or  special  proceeding 
in  the  nature  of  an  action,  in  the  supreme  and  district  courts,  his  costs  and 
necessary  disbursements,  in  the  action  or  special  proceeding. 

Kerr,  C.C.P.J021. 

Premium  on  surety  bond  recovered  as  costs,  sec.  699. 

Section  311  of  the  act  of  1861,  237,  relat-       vided  for  by  law.     Estate  of  Millenovich,  5 


ing  to  estates,  does  not  conflict  with  this 
section,  for  it  only  provides  for  the  allow- 
ance of  costs  in  cases  not  otherwise  pro- 


Nev.  163,  188. 

This  section  applies  to  contempt  proceed- 
ings to  enforce  a  judgment.  Ahlers  v.  Thomas, 
24  Nev.  407,  410 '(77  A.  S.  820r  56  P.  93). 


5377.    Costs,  when  allowed. 

SEC.  435.    Costs  shall  be  allowed  of  course  to  the  plaintiff  upon  a  judg- 
ment in  his  favor,  in  the  following  cases : 

1.  In  an  action  for  the  recovery  of  real  property. 

2.  In  an  action  to  recover  the  possession  of  personal  property,  where  the 
value  of  the  property  amounts  to  three  hundred  dollars  or  over;  such 

100 


Sec.  5378  CIVIL  PRACTICE  1582 

value  shall  be  determined  by  the  jury,  court  or  referee  by  whom  the  action 
is  tried. 

3.  In  an  action  for  the  recovery  of  money  or  damages,  where  plaintiff 
recovers  three  hundred  dollars  or  over. 

4.  In  a  special  proceeding. 

5.  In  an  action  which  involves  the  title  or  possession  of  real  estate,  or  the 
legality  of  any  tax,  impost,  assessment,  toll  or  municipal  fine,  including 
the  costs  accrued  in  such  action  if  originally  commenced  in  a  justice  court. 

Kerr,  C.  C.  P.,  1022. 

In   an   election   contest   involving   a    state  sideration,    the    compensation    allowed    the 

.office,   where  the   supreme  court   appoints   a  commissioner  and  the  costs  attendant  on  the 

court  commissioner  to  assist  in  the  prelim-  trial   are  to  be  awarded  against  the  losing 

inary  stages   of  the   contest   in   segregating  partj^.     State  ex  rel.  Springmeyer  v.  Baker, 

the  disputed  ballots  from  those  not  in  dispute  34  Nev. — ;  State  ex  rel.  Legate  v.  Josephs, 

and  report  the  same  to  the  court  for  its  con-  34  Nev.  — . 

See  sec.  5231. 

5378.  Several  actions— Costs  allowed  for  one  only. 

•  SEC.  436.  When  several  actions  are  brought  on  one  bond,  undertaking, 
promissory  note,  bill  of  exchange,  or  other  instrument  in  writing,  or  in 
any  other  case  for  the  same  cause  of  action,  against  several  parties  who 
might  have  been  joined  as  defendants  in  the  same  action,  no  costs  shall  be 
allowed  to  the  plaintiff  in  more  than  one  of  such  actions,  which  may  be 
at  his  election,  if  the  party  proceeded  against  in  the  other  actions  were  at 
the  commencement  of  the  previous  action  openly  within  this  state;  but 
the  disbursements  of  the  plaintiff  shall  be  allowed  to  him  in  each  action. 

Kerr,  C.  C.  P.,  1023. 

5379.  Defendant's  costs  must  be  allowed  in  certain  cases. 

SEC.  437.  Costs  shall  be  allowed  of  course  to  the  defendant  upon  a 
judgment  in  his  favor  in  the  actions  mentioned  in  section  435,  and  in  a 
special  proceeding  in  the  nature  of  an  action. 

Kerr,  C.  C.  P.,  1024. 

5380.  Costs,  when  in  the  discretion  of  the  court. 

SEC.  438.  In  other  actions  than  those  mentioned  in  section  435,  costs 
may  be  allowed  or  not,  and  if  allowed,  may  be  apportioned  between  the 
parties,  or  on  the  same  or  adverse  sides  in  the  discretion  of  the  court,  but  no 
costs  shall  be  allowed  in  any  action  for  the  recovery  of  money  or  damages 
when  the  plaintiff  recovers  less  than  three  hundred  dollars,  nor  in  any 
action  to  recover  the  possession  of  personal  property,  when  the  value  of 
the  property  is  less  than  three  hundred  dollars;  provided,  that  if,  in  the 
judgment  of  the  court,  the  plaintiff  believes  he  was  justified  in  bringing 
the  '  action  in  the  district  court,  and  he  recovers  at  least  one  hundred  and 
fifty  dollars  in  money  or  damages,  or  personal  property  of  that  value,  the 
court  may,  in  its  discretion,  allow  the  plaintiff  part,  or  all  of  his  costs. 
When  there  are  several  defendants  in  the  actions  mentioned  in  section 
435,  not  united  in  interest,  and  making  separate  defenses  by  separate 
answers,  and  the  plaintiff  fails  to  recover  judgment  against  all,  the  court 
shall  award  costs  to  such  of  the  defendants  as  have  judgment  in  their 
favor. 

Kerr,  C.  C.  P.,  1025. 

The  provision  of  this  section,  that  no  costs       it  was  held  that  the  allowance  or  disallow- 
shall  be  allowed  when  less  than  three  hun-       ance  of  costs  in  actions  to  settle  copartner- 
dred  dollars  is  recovered,  is  obviously  con-       ship  accounts,  is  within  the  discretion  of  the 
fined  to  cases  in  the  district  courts,  and  was       court.     Young  v.  Clute,  16  Nev.  32,  37. 
evidently   adopted   to   prevent   the  bringing  Under  the  same  section,  in  an  injunction 

of  actions  in  those  courts  which  should  or  suit,  it  was  held  that  the  court  erred  in 
might  be  instituted  in  justices'  courts.  Klein  rendering  judgment  for  costs.  Thome  v. 
v.  Allenbach,  6  Nev.  159,  161.  Sweeney,  13  Nev.  415,  417. 

In    construing   sec,    478,   Stats.    1869,    196,  See  Eandall  v.  Lyon  Co.,  20  Nev.  35  (14 


1583  CIVIL  PRACTICE  Sec.  5387 

1'.  583),  under  sec.  1523,  ante,  allowing  costs  Costs  in  equity.    Welland  v.  Huber,  8  Nev. 

where  the  recovery  is  less  than  $300.  1*0:1. 

Costs  on  motions.     Caples  v.  C.  P.  K.  B.,  Costs  in  correcting  errors  in  judgment  roll. 

265.  Flannery  v.  Anderson,  4  Nev.  438. 

5381.    Costs  on  appeal,  when  allowed. 

SEC.  439.  In  the  following  cases  the  costs  of  an  appeal  to  the  supreme 
court  shall  be  in  the  discretion  of  the  court : 

1.  Where  a  new  trial  is  ordered. 

2.  When  a  judgment  is  modified.     In  the  event  no  order  is  made  by  the 
court  relative  to  the  costs  in  the  two  instances  mentioned  in  this  section, 
the  party  obtaining  any  relief  shall  have  his  costs. 

Kerr.  (\  C.  P.,  1027. 

538-2.    Referees,  fees  of. 

SEC.  440.  The  fees  of  referees  shall  be  ten  dollars  to  each,  for  every 
day  spent  in  the  business  of  the  reference;  but  the  parties  may  agree  in 
writing  upon  any  other  rate  of  compensation,  and  thereupon  such  rate 
shall  be  allowed. 

Kerr,  C.C.  P.,  1028. 

State  ex  rel.  Spriu^iiM-yi-r  \ .   linker.  :JJ  Nev.  — ;   State  ex  rel.  Legate  v.  Josephs,  .'U  Nev.  — . 

5383.  Continuance,  costs  may  he  imposed  as  condition  of. 

SEC.  441.  When  an  application  is  made  to  a  court  or  referee  to  postpone 
a  trial,  the  payment  of  costs  occasioned  by  the  postponement  may  be 
imposed,  in  the  discretion  of  the  court  or  referee,  as  a  condition  of  granting 
the  same. 

Kerr,  C.C.  I'.,  loi».». 

5384.  Action  for  the  recovery  of  money,  tender,  costs. 

SEC.  442.  When,  in  an  action  for  the  recovery  of  money  only,  the  defend- 
ant alleges  in  his  answer  that  before  the  commencement  of  the  action  he 
tendered  to  the  plaintiff  the  full  amount  to  which  he  was  entitled,  and 
thereupon  deposits  in  court,  for  the  plaintiff,  the  amount  so  tendered,  and 
the  allegations  be  found  to  be  true,  the  plaintiff  shall  not  recover  costs, 
but  shall  pay  costs  to  the  defendant. 

Kerr,  C.  (\  P.,  1030. 

5385.  Costs  in  action  by  or  against  administrator  or  trustee. 

SEC.  443.  In  an  action  prosecuted  or  defended  by  an  executor,  adminis- 
trator, trustee  of  express  trust,  or  a  person  expressly  authorized  by 
statute,  costs  may  be  recovered  as  in  an  action  by  and  against  a  person 
prosecuting  and  defending  in  his  own  right;  but  such  costs  shall,  by  the 
judgment,  be  made  chargeable  only  upon  the  estate,  fund,  or  party  repre- 
sented, unless  the  court  shall  direct  the  same  to  be  paid  by  the  plaintiff  or 
defendant,  personally,  for  mismanagement  or  bad  faith  in  the  action  or 
defense. 

Kerr,  C.  C.  P.,  1031. 

5386.  Costs  in  review  other  than  by  appeal. 

SEC.  444.  When  the  decision  of  a  court  of  inferior  jurisdiction  in  a 
special  proceeding  is  brought  before  a  court  of  higher  jurisdiction  for  a 
review,  in  any  other  way  than  by  appeal,  the  same  costs  shall  be  allowed 
as  in  cases  on  appeal,  and  may  be  collected  by  execution,  or  in  such  manner 
as  the  court  may  direct,  according  to  the  nature  of  the  case. 

Kerr,  C.  C.  P.,  1032. 

5387.  Filing  and  service  of  verified  cost  bill,  retaxing'. 

SEC.  445.  The  party  in  whose  favor  judgment  is  rendered,  and  who 
claims  his  costs,  must  deliver  to  the  clerk,  and  serve  a  copy  upon  the 


Sec.  5388  CIVIL  PRACTICE  1584 

adverse  party,  within  five  days  after  the  verdict  or  notice  of  the  decision 
of  the  court  or  referee,  or  such  further  time  as  the  court  or  judge  may 
grant,  a  memorandum  of  the  items  of  his  costs  and  necessary  disburse- 
ments in  the  action  or  proceeding,  which  memorandum  must  be  verified 
by  the  'oath  of  the  party,  or  his  attorney  or  agent,  or  by  the  clerk  of  his 
attorney,  stating  that  to  the  best  of  his  knowledge  and  belief  the  items  are 
correct,  and  that  the  disbursements  have  been  necessarily  incurred  in  the 
action  or  proceeding.  He  shall  be  entitled  to  recover  the  witness  fees, 
although  at  the  time  he  may  not  have  actually  paid  them.  It  shall  not 
be  necessary  to  embody  in  the  memorandum  the  fees  of  the  clerk,  but  the 
clerk  shall  add  the  same  according  to  his  fees  fixed  by  statute.  Within 
three  days  after  service  of  a  copy  of  the  memorandum,  the  adverse  party 
may  move  the  court,  upon  two  days'  notice,  to  retax  and  settle  the  costs, 
a  copy  of  which  motion  shall  be  filed  and  served  on  the  prevailing  party 
claiming  costs.  Upon  the  hearing  of  the  motion  the  court  or  judge  in 
chambers  shall  settle  the  costs. 

Kerr,  C.C.P.,1033. 

Where  a  judgment  was  rendered  on  Satur-  An    order    striking   out   a    cost   bill    is   ari 

day,  the  time   within   which   the   successful  order    made    after    final    judgment,    and    if 

party  could  file  his  cost  bill  expired  on  Mon-  appealed    from    should    be    taken    up    in    a 

day.     McCafferty  v.  Flinn,  32  Nev.  269  (107  statement    on    appeal    containing    only    so 

P.  225).  much   of  the  record  as  is  necessary  to  pre- 

The   date   of  the   "decision   of  the   court"  sent  the  facts,  no  statement  on  motion  for  a 

means  when  the  finding  of  facts  was  filed.  new     trial     being     necessary.       Linville     v. 

Sholes  v.  Stead,  2  Nev.  107,  108.  Scheeline,  30  Nev.  106,  110  (93  P.  225). 

The  cost  bill  is  no  part  of  the  judgment  If  a  party  fails  to  file  a  cost  bill  within 

roll  and  where  there  is  no  statement  or  bill  the  time  prescribed,  he  waives  his  rights  to 

of   exceptions,  the   court   cannot   pass   upon  costs.     Idem. 

its  correctness.     Howard  v.  Kichards,  2  Nev.  The     "decision     of     the     court"     is     the 

134  (89  A.  D.  520).  announcement  by  it  of  its  judgment,  and  is 

An   appellant,   to   whom   costs   have   been  distinct  from  the  findings.     Idem, 

awarded   on   appeal,   must  comply   with   the  Prevailing     party,     who     is.     Lapham     v. 

statute  and  rules  of  the  court  governing  the  Osborne,  20  Nev.  168  (18  P.  881). 

taxation  of  costs  in  order  to  make  the  deci-  Where  the  record  fails  to  show  that  plaiii- 

sion  effectual.    Candler  v.  Ditch  Co.,  28  Nev.  tiff  filed  cost  bill,  including  his  trial  costs, 

422,  424  (82  P.  458).  such  trial  costs  are  waived,  and  it  will  not 

The  method  of  taxing  costs  in  the  supreme  be  presumed  against  the  correctness  of  the 

court  is  governed  by  supreme  court  rule  6.  judgment  that  such  cost  bill  was  filed.  Idem, 
and  not  by  this  section,  which  is  applicable 
to  district  courts  only.    Idem. 

5388.  Interest  and  costs  must  be  included  by  clerk  in  judgment. 

SEC.  446.  The  clerk  shall  include  in  the  judgment  entered  up  by  him  any 
interest  on  the  verdict  or  decision  of  the  court  or  referee,  from  the  time 
it  was  rendered  or  made,  and  the  costs,  if  the  same  have  been  taxed  or 
ascertained ;  and  he  shall,  within  two  days  after  the  same  shall  be  taxed 
or  ascertained,  if  not  included  in  the  judgment,  insert  the  same  in  a  blank 
to  be  left  in  the  judgment  for  that  purpose,  and  shall  make  a  similar  inser- 
tion of  the  costs  in  the  copies  and  docket  of  the  judgment. 

Kerr,  C.  C.  P.,  1035. 

5389.  When  plaintiff  nonresident  or  foreign  corporation,  defendant  may 

require  security  for  costs. 

SEC.  447.  When  a  plaintiff  in  an  action  resides  out  of  the  state,  or  is  a 
foreign  corporation,  security  for  the  costs  and  charges  which  may  be 
awarded  against  such  plaintiff  may  be  required  by  the  defendant.  When 
required,  all  proceedings  in  the  action  shall  be  stayed  until  an  undertaking, 
executed  by  two  or  more  persons,  be  filed  with  the  clerk,  to  the  effect  that 
they  will  pay  such  costs  and  charges  as  may  be  awarded  against  the  plain- 
tiff by  judgment,  or  in  the  progress  of  the  action,  not  exceeding  the  sum 
of  three  hundred  dollars;  or  in  lieu  of  said  undertaking,  the  plaintiff 
may  deposit  three  hundred  dollars,  lawful  money,  with  the  clerk  of  the 


CIVIL  PRACTICE  Sec.  5394 

mrt,  subject  to  the  same  conditions  as  required  for  the  undertaking.  A 
lew  or  an  additional  undertaking  may  be  ordered  by  the  court  or  judge 
ipon  proof  that  the  original  undertaking  is  insufficient  security,  and  pro- 

iedings  in  the  action  stayed  until  such  new  or  additional  undertaking  be 

:ecuted  and  filed. 

Kerr,C.C.P.,1036. 

>390.    Idem— Sureties  must  make  affidavit. 

SEC.  448.  Each  of  the  sureties  on  the  undertaking  mentioned  in  the  last 
action  shall  annex  to  the  same  an  affidavit  that  he  is  a  resident  and  house- 
lolder,  or  freeholder,  within  the  county  and  is  worth  double  the  amount 
specified  in  the  undertaking,  over  and  above  all  his  just  debts  and  liabilities, 
:clusive  of  property  exempt  from  execution. 

191.    Idem— If  security  not  given,  action  may  be  dismissed. 
SEC.  449.    After  the  lapse  of  thirty  days  from  the  service  of  notice  that 
icurity  is  required,  or  of  an  order  for  new  or  additional  security,  upon 
>roof  thereof,  and  that  no  undertaking  as  required  has  been  filed,  the 
>urt  or  judge  may  order  the  action  to  be  dismissed. 

Kerr,  C.  C.  P.,  1037. 

>392.    Costs  when  state  is  a  party. 

SEC.  450.  When  the  state  is  a  party,  and  costs  are  awarded  against  it, 
ley  must  be  paid  out  of  the  state  treasury. 

Kerr,  C.  C.  P..  lo:Js. 

5893.    Costs  when  county  is  a  party. 

SEC.  451.    When  a  county  is  a  party,  and  costs  are  awarded  against  it, 
they  must  be  paid  out  of  the  county  treasury. 

Kerr,  C.  C.  P.,  1039. 

City  delinquent  tax  suit,  sec.  999. 

CHAPTER  50 

CONTEMPT 

•~.".!i4.  What  deemed  contempt.  5401.  Eeturn  of  warrant  and  undertaking  by 
•~>:;!i">.   Entry  after  eviction  by  lawful  process,  officer. 

contempt — Restoration.  5402.  Idem — Hearing. 

".'!ti5.  Contempt,  when  punishable  summarily,  5403.  Penalty  for  contempt — Maximum. 

when  not.  5404.  Omission  of  act  as  contempt,  impris- 
•l.'WT.  Attachment    for    contempt,    when    to  onment. 

issue — Notice  to  show  cause.  .1405.  Indictment  for  contemptuous  conduct. 

•~i.'!'.»v  Bail  may  be  given  by  person  arrested  5406.  When    defendant    does    not    appear — 

under  such  warrant.  Proceedings. 

"•!!»!».  Sheriff  must   detain  person   until   dis-  5407.  Illness  sufficient  cause  for  nonappear- 

charged.  ance     of    party    arrested — Confine-. 

"4 mi.  Bail  bond,  form  and  condition  of.  ment. 

5394.    What  deemed  contempt. 
SEC.  452.    The  following  acts  or  omissions  shall  be  deemed  contempts : 

1.  Disorderly,  contemptuous,  or  insolent  behavior  towards  the  judge 
while  he  is  holding  court,  or  engaged  in  his  judicial  duties  at  chambers,  or 
towards  referees  or  arbitrators,  while  sitting  on  a  reference  or  arbitration, 
or  other  judicial  proceeding. 

2.  A  breach  of  the  peace,  boisterous  conduct,  or  violent  disturbance  in 
the  presence  of  the  court,  or  in  its  immediate  vicinity,  tending  to  interrupt 
the  due  course  of  the  trial,  or  other  judicial  proceeding. 

3.  Disobedience  or  resistance  to  any  lawful  writ,  order,  rule,  or  process 
issued  by  the  court  or  judge  at  chambers. 

4.  Disobedience  of  a  subpena  duly  served,  or  refusing  to  be  sworn  or 
answer  as  a  witness. 

5.  Rescuing  any  person  or  property  in  the  custody  of  an  officer  by  virtue 
of  an  order  or  process  of  such  court  or  judge  at  chambers. 


Sec.  5395  CIVIL  PRACTICE  1586 

6.  Disobedience  of  the  order  or  direction  of  the  court  made  pending  the 
trial  of  an  action,  in  speaking  to  or  in  the  presence  of  a  juror  concerning 
an  action  in  which  the  juror  has  been  impaneled  to  determine,  or  in  any 
manner  approaching  or  interfering  with  such  juror  with  the  intent  to 
influence  his  verdict. 

7.  Every  person  who  shall  have  been,  or  shall  be  hereafter,  dispossessed 
or  rejected  from  out  of  any  piece,  parcel,  lot,  or  tract  of  land,  by  the  judg- 
ment, decree,  or  process  of  any  court  of  competent  jurisdiction,  and  who, 
not  having  any  legal  right  so  to  do,  shall  reenter  into,  or  upon,  or  take 
possession  of  any  such  land,  or  any  part  thereof,  or  induce  or  procure  any 
person  not  having  a  legal  right  so  to  do,  or  who  shall  aid  or  abet  therein, 
shall  be  deemed  guilty  of  contempt  of  the  court  by  which  said  judgment  or 
decree  was  rendered,  or  from  which  such  process  issued,  and  shall  be  tried 
and  punished  therefor,  in  the  same  manner  and  form  as  provided  in  case 
of  contempt  not  committed  in  the  presence  of  the  court  or  justice  of 
the  peace.    Upon  conviction  for  such  contempt,  the  court  or  justice  of 
the  peace  shall  immediately  issue  an  alias  process,  directed  to  the  proper 
officer,  and  requiring  him  to  restore  the  party  entitled  to  the  possession  of 
such  property  under  the  original  judgment,  decree,  or  process,  to  such 
possession,  of  which  he  shall  have  been  dispossessed  by  the  wrongful  con- 
duct or  act  herein  declared  to  be  a  contempt. 

Kerr,  C.  C.  P.,  1209,  1210. 

See  sees.  754,  4882. 

The    statute    relating    to    contempts    and  of  a   court,  no   other  court,   except  the  one 

punishments  must  be  strictly  construed,  and  rendering  the  decree,  can  hear  or  determine 

no    interpretation    should    be    given    beyond  the    controversy,    or   punish    such    person    if 

its  obvious  meaning.     Ex  Parte  Sweeney,  18  found    guilty    of    a    contempt.      Phillips    v. 

Nev.    74;     Maxwell   v.   Eives,    11    Nev.    213,  Welch,  12  Nev.  159,  168,  171-179. 

214,  220.  Judgment    of    conviction    final    and    con- 

A    contempt    for    the    disobedience    of    a  elusive.     Idem. 

decree  and  violation  of  an  injunction  is  in  Habeas  corpus  does  not  lie  when  convic- 

the  nature  of  a  criminal  offense,  and  the  pro-  tion  for  contempt  properly  had.     Idem, 

ceeding  for  its  punishment  is  in  the  nature  It  is  not   a  contempt  of  court  to  fail  to 

of  a  criminal  proceeding.     Idem.  comply  with  an  order  which  the  court  had 

If  the  contempt  consists  in  the  refusal  of  no  jurisdiction  to  make,  and  a  party  impris- 

a  party  to  do  something  which  he  is  ordered  oned  for  a  contempt  committed  under  such 

to   do   for  the  benefit   or   advantage   of  the  circumstances     will      be      discharged     upon 

opposite  party,  the  process  is  civil,  and  he  habeas  corpus.     Ex  Parte  Gardner,  22  Nev. 

stands  committed  till  he  complies  with  the  281  (39  P.  570). 

order.     The  order  in  such  case  is  not  puni-  Though  a  grand  jury  is  an  adjunct  of  the 

tive,    but    coercive.      Phillips    v.    Welch,    11  court,  it  is  not  such  part  thereof  as  permits 

Nev.  187.  the  judge  to  summarily  punish  offenders  for 

If  the  contempt  consists  in  the  doing  of  a  any  act  before  the  grand  jury,  without  pro- 
forbidden  act,  injurious  to  the  opposite  ceeding  on  affidavit  and  citing  the  offender 
party,  the  process  is  criminal,  and  convic-  to  show  cause  why  he  should  not  be  pun- 
tion  is  followed  by  a  penalty  of  fine  or  ished.  Ex  Parte  Hedden,  29  Nev.  353,  371 
imprisonment,  or  both,  which  is  purely  puni-  (90  P.  737). 
tive.  Idem.  A  court-martial  is  given  power  and 

The  supreme  court  has  no  appellate  juris-  authority  to  punish  for  contempt.     State  ex 

diction  in  cases  of  contempt,  where  the  pro-  rel.  Huffaker  v.  Crosby,  24  Nev.  115,  123  (77 

ceeding  is  purely  criminal.     Idem.  A.  S.  786,  50  P.  127). 

Jurisdiction  as  applied  to  any  particular  If  a  witness  refuses  to  answer  questions 

claim   or  controversy  is  the  power  to   hear  when  the  court  decides  he  should  answer,  it 

and  determine  that  controversy,  and  where  is  a  contempt  and  punishable  as  such.     Max- 

a  person  is  charged  with  violating  the  decree  well  v.  Kives,  11  Nev.  214. 

5895.    Entry  after  eviction  by  lawful  process,  contempt— Restoration. 

SEC.  453.  Every  person  dispossessed  of  or  ejected  from  out  of  any 
real  property,  by  the  judgment  or  process  of  any  court  of  competent  juris- 
diction, and  who,  not  having  a  right  so  to  do,  reenters  into  or  upon,  or 
takes  possession  of,  any  such  real  property,  or  induces  or  procures  any 
person  not  having  a  right  so  to  do,  or  aids  or  abets  him  therein,  is  guilty 
of  a  contempt  of  the  court  by  which  such  judgment  was  rendered,  or  from 


CIVIL  PRACTICE  Sec.  5400 

lien  such  process  issued,  and  shall  be  tried  and  punished  therefor  in 
te  same  manner  and  form  as  provided  by  law  in  cases  of  contempt  not 
>mmitted  in  the  presence  of  the  court  or  justice  of  the  peace. 

Kerr,  C.  C.  P.,  1210;  Utah,  3359. 

396.  Contempt,  when  punishable  summarily,  when  not. 
SEC*.  454.  When  a  contempt  is  committed  in  the  immediate  view  and 
esence  of  the  court  or  judge  at  chambers,  it  may  be  punished  summarily, 
r  which  an  order  shall  be  made,  reciting  the  facts  as  occurring  in  such 
mediate  view  and  presence,  adjudging  that  the  person  proceeded  against 
thereby  guilty  of  a  contempt,  and  that  he  be  punished  as  therein  pre- 
scribed. When  the  contempt  is  not  committed  in  the  immediate  view  and 

resence  of  the  court  or  judge  at  chambers,  an  affidavit  shall  be  presented 
the  court  or  judge  of  the  facts  constituting  the  contempt,  or  a  statement 
the  facts  by  the  referees  or  arbitrators. 
err,  r.r.  r.,  1211. 

See  Phillips  v.  Welch  and  Ex  Parte  Hod-  punish   for  violation  of  a  void  order  by  ref- 

den.  under  ><•«•.  452  of  this  act.  erees,    prohibition    will   issue,  and  the  party 

Punishments    for    contempt    bein#    quasi  is  not   required  to  review  by  appeal.     Cline 

criminal,  the  petition  or  affidavit  must  show  v.  Lankan.  .".  1  Nev.  239,  245  (101  P.  553). 
contempt   before  the  court   has   jurisdiction  See,  also,  citations  under  sec.  511,  ante. 

to  punish,  and   where  the  court  attempts  to 


Attachment  for  contempt,  when  to  issue—  Notice  to  show  cause. 

SEC.  455.  When  the  contempt  is  not  committed  in  the  immediate  view 
and  presence  of  the  court  or  judge,  a  warrant  of  attachment  may  be 
issued  to  bring  the  person  charged  to  answer,  or  without  a  previous  arrest 
a  warrant  of  commitment  may,  upon  notice,  or  upon  an  order  to  show 
cause,  be  granted  ;  and  no  warrant  of  commitment  shall  be  issued  without 
such  previous  attachment  to  answer,  or  such  notice  or  order  to  show  cause. 

Kerr,C.C.P.,1212. 

The  affidavit   for  contempt  need  not  show       rendition   of  judgment  restraining  the  party 

upon    its   face  that  the  party  verifying  the       from   doing  certain  acts,  that  the  judgment 

same   is   beneficially   interested   in   the   pro-       is  in  full  force  and  effect,  and  that  the  party 

reed  ings.     Strait   v.   Williams,   18   Nev.   430       enjoined    has    disobeyed    the    decree,    and 

J   1'.  1083).  threatens  to  continue  the  violation  thereof. 

!H    case   of   an   alleged   contempt   for   the       Idem. 

violation  of  a  decree  an  affidavit  is  sufficient  Cited,  Ex  Parte  Hedden,  29  Nev.  372  (90 

if    it    substantially    states   the    fact    of   the      P.  737). 

5398.  Bail  may  be  given  by  person  arrested  under  such  warrant. 

SEC.  456.  Whenever  a  warrant  of  attachment  is  issued  pursuant  to 
this  chapter,  the  court  or  judge  shall  direct,  by  an  endorsement  on  such 
warrant,  that  the  person  charged  may  be  let  to  bail  for  his  appearance, 
in  an  amount  to  be  specified  in  such  endorsement. 

Kerr,  C.  C.  P.,  1213. 

5399.  Sheriff  must  detain  person  until  discharged. 

SEC.  457.  Upon  executing  the  warrant  of  attachment,  the  sheriff  shall 
keep  the  person  in  custody,  bring  him  before  the  court  or  judge,  and 
detain  him  until  an  order  be  made  in  the  premises,  unless  the  person 
arrested  entitle  himself  to  be  discharged,  as  provided  in  the  next  section. 

Kerr,  C.  C.  P.,  1214. 

5400.  Bail  bond,  form  and  conditions  of. 

SEC.  458.  When  a  direction  to  let  the  person  arrested  to  bail  is  contained 
in  the  warrant  of  attachment,  or  indorsed  thereon,  he  shall  be  discharged 
from  the  arrest  upon  executing  and  delivering  to  the  officer,  at  any  time 
before  the  return  day  of  the  warrant,  a  written  undertaking,  with  two 
sufficient  sureties,  to  the  effect  that  the  person  arrested  will  appear  on  the 


Sec.  5401  CIVIL  PRACTICE  1588 

return  of  the  warrant  and  abide  the  order  of  the  court  or  judge  thereupon ; 
or  they  will  pay  as  may  be  directed  the  sum  specified  in  the  warrant. 

Kerr,  C.  C.  P.,  1215. 

5401.  Return  of  warrant  and  undertaking  by  officer. 

SEC.  459.  The  officer  shall  return  the  warrant  of  arrest  and  the  under- 
taking, if  any,  received  by  him  from  the  person  arrested,  by  the  return 
day  specified  therein. 

Kerr,  C.  C.  P.,  1216. 

5402.  Idem—Hearing. 

SEC.  460.  When  the  person  arrested  has  been  brought  up  or  appeared, 
the  court  or  judge  shall  proceed  to  investigate  the  charge,  and  shall  hear 
any  answer  which  the  person  arrested  shall  make  to  the  same,  and  may 
examine  witnesses  for  or  against  him,  for  which  an  adjournment  may  be 
had  from  time  to  time,  if  necessary. 

Kerr,  C.  C.  P.,  1217. 

The  district  court  is  bound  to  hear  the  witness  for  the  defense  (per  Beatty,  J.,  dissenting). 
Phillips  v.Welch,  12  Nev.  185. 

5403.  Penalty  for  contempt— Maximum. 

SEC.  461.  Upon  the  answer  and  evidence  taken,  the  court  or  judge  shall 
determine  whether  the  person  proceeded  against  is  guilty  of  the  contempt 
charged ;  and  if  it  be  adjudged  that  he  is  guilty  of  the  contempt,  a  fine  may 
be  imposed  on  him  not  exceeding  five  hundred  dollars,  or  he  may  be 
imprisoned  not  exceeding  twenty-five  days,  or  both,  but  no  imprisonment 
shall  exceed  twenty-five  days  except  as  provided  in  the  next  section. 

Kerr,  C.  C.  P.,  1218. 

The  fine  imposed  in  such  cases  is  punitive,  in  favor  of  those  accused  of  violating  its 
inflicted  for  the  public  good;  that  imprison-  prohibitions.  Maxwell  v.  Kives,  11  Nev. 
ment  for  nonpayment  of  the  fine  is  but  a  214,  221. 

mode,  provided  by  statute,  for  the  enforce-  Petitioner  was  asked  a  number   of  ques- 

ment  of  the  fine,  incident  to  the  power  given  tions,  all  being  addressed  to  the  same  point, 
to  the  court  to  impose  the  fine,  and  that  it  which  he  refused  to  answer.  The  court 
cannot  be  regarded  in  the  light  of  punish-  found  him  guilty  of  a  separate  contempt  for 
ment.  Ex  Parte  Sweeney,  18  Nev.  74.  every  such  question.  It  was  held  that  in 

Section  440,  Stats.  1861,  381,  cited,  Ex  refusing  to  answer,  petitioner  was  guilty  of 
Parte  Sweeney,  18  Nev.  75  (1  P.  379).  but  one  contempt,  and  that  the  court  had 

The  statute  concerning  contempts  is  a  jurisdiction  to  impose  but  one  sentence, 
penal  statute  and  must  be  strictly  construed  Idem. 

5404.  Omission  of  act  as  contempt,  imprisonment. 

SEC.  462.  When  the  contempt  consists  in  the  omission  to  perform  an 
act  which  is  yet  in  the  power  of  the  person  to  perform,  he  may  be  imprisr 
pned  until  he  have  performed  it,  and  in  that  case  the  act  shall  be  specified 
in  the  warrant  of  commitment. 

Kerr,  C.  C.  P.,  1219. 

A  finding  on  application  for  alimony  that  him    to    jail    until    he    made    the    payments 

defendant  had  property,  real  and  personal,  required.     Lutz   v.   District   Court,   29    Nev. 

and  for  more  than  thirty  years  last  past  had  152,  153  (86  P.  445). 

been  in  the  main  employed  and  had  earned  Where  an  affidavit  for  an  order  commit- 

a   monthly  competence  more  than  sufficient  ting  defendant  for  contempt  for  failure  to 

to    support    himself    and    family,    and    was  comply  with  an  order  as  above  recited  failed 

then  so  employed,  did  not  constitute  a  find-  to    allege    petitioner's    ability   to    make   the 

ing  that    defendant   had   present   ability   to  payments    required    of    him,    or    facts    from 

comply  with  an  order  requiring  him  to  pay  which  such  ability  might  properly  be  infer- 

alimony  and  suit  money,  and  was  therefore  red,  it  was  fatally  defective.     Idem, 
insufficient  to   sustain  an   order  committing 

5405.  Indictment  for  contemptuous  conduct. 

SEC.  463.  Persons  proceeded  against  according  to  the  provisions  of  this 
chapter  shall  also  be  liable  to  indictment  for  the  same  misconduct,  if  it 
be  an  indictable  offense,  but  the  court  before  which  a  conviction  is  had  on 


• 


1589  CIVIL  PRACTICE  Sec.  5410 

an  indictment,  in  passing  sentence  shall  take  into  consideration  the  punish- 
ment before  inflicted. 

5406.    When  defendant  does  not  appear—  Proceedings. 

SEC.  464.  When  the  warrant  of  arrest  has  been  returned  served,  if  the 
person  arrested  do  not  appear  on  the  return  day,  the  court  or  judge  may 
issue  another  warrant  of  arrest,  or  may  order  the  undertaking  to  be  prose- 
cuted, or  both.  If  the  undertaking  be  prosecuted,  the  measure  of  damages 
in  the  action  shall  be  the  extent  of  the  loss  or  injury  sustained  by  the 
aggrieved  party  by  reason  of  the  misconduct  for  which  the  warrant  was 
issued,  and  the  costs  of  the  proceeding. 

Kerr,  C.C.  P.,  1220. 

407.    Illness  sufficient  cause  for  nonappearance  of  party  arrested—  Con- 

finement. 

SEC.  465.  Whenever,  by  the  provisions  of  this  chapter,  an  officer  is 
required  to  keep  a  person  arrested  on  a  warrant  of  attachment  in  custody, 
and  to  bring  him  before  a  court  or  judge,  the  inability,  from  illness  or 
otherwise,  of  the  person  to  attend,  shall  be  a  sufficient  excuse  for  not 
bringing  him  up;  and  the  officer  shall  not  confine  a  person  arrested  upon 
the  warrant  in  a  prison,  or  otherwise  restrain  him  of  personal  liberty, 
except  so  far  as  may  be  necessary  to  secure  his  personal  attendance. 

Kerr,  C.  C.  P.,  I±.'l. 

CHAPTER  51 

PUBLIC  WRITINGS 


.  Judicial  records  proved  by  production  5411.  Judicial    record    of    foreign    country, 

of  original  or  certified  copy.  how  proved. 

•"4'i<>.  Record    in    custody    of    public    officer,  5412.  When  copy  of  foreign  record  admissi- 

when  may  be  read  in  evidence.  ble. 

"4lo.  Records  of  courts  of  other  states,  how  5413.  Printed  statutes  presumed  to  be  cor- 

proved.  rect. 

5408.  Judicial  records  proved  by  production  of  original  or  certified  copy. 
SEC.  466.    A  judicial  record  of  this  state,  or  the  United  States,  may  be 

proved  by  the  production  of  the  original,  or  a  copy  thereof,  certified  by  the 
clerk,  or  other  person  having  the  legal  custody  thereof,  under  the  seal  of 
the  court,  to  be  a  true  copy  of  such  record. 

Kerr,  C.  C.  P.,  1905. 

5409.  Record  in  custody  of  public  officer,  when  may  be  read  in  evidence. 

SEC.  467.  The  original  or  a  copy  of  any  record,  other  than  a  judicial 
record,  document,  or  paper  in  the  custody  of  a  public  officer  of  this  state, 
or  of  the  United  States,  certified  under  the  official  seal,  or  verified  by  the 
oath  of  such  officer  to  be  the  original  or  to  be  a  true,  full  and  correct  copy 
of  the  original  in  his  custody,  may  be  read  in  evidence  in  any  action  or 
proceeding  in  the  courts  of  this  state,  in  like  manner  and  with  the  like 
effect  as  the  original  could  be  if  produced.  A  public  record  or  document 
in  the  custody  of  a  public  officer  of  this  state,  in  a  public  office,  may  be 
proved  and  admitted  in  evidence  in  any  court  by  the  certificate  of  the  legal 
keeper  or  custodian  thereof  that  it  is  genuine  and  authentic,  and  by  his 
seal,  if  there  be  one  annexed. 

Kerr,  C.  C.  P.,  1919. 

The  affidavits  and  declaratory  statements  the  land  office  wherein  the  originals  are 

of  entrymen  applying  to  preempt  public  filed,  are  admissible  as  evidence  of  the  facts 

lands,  filed  in  the  proper  land  office,  or  therein  stated.  Peers  v.  Deluchi,  21  Nev. 

••opies  thereof  certified  by  the  register  of  164,  169  (26  P.  228). 

5410.  Records  of  courts  of  other  states,  how  proved. 

SEC.  468.    The  records  and  judicial  proceedings  of  the  courts  of  any 


Sec.  5411  CIVIL  PRACTICE  1590 

other  state  of  the  United  States,  or  of  any  territory,  may  be  proved  or 
admitted  in  the  courts  of  this  state,  by  the  attestation  of  the  clerk,  and 
seal  of  the  court  annexed,  if  there  be  a  seal,  together  with  a  certificate  of 
the  judge,  chief  justice  or  presiding  magistrate,  as  the  case  may  be,  that 
the  said  attestation  is  in  due  form. 

Kerr,  C.C.  P.,  1905. 

5411.  Judicial  record  of  foreign  country,  how  proved. 

SEC.  469.  A  judicial  record  of  a  foreign  country  may  be  proved  by  the 
production  of  a  copy  thereof,  certified  by  the  clerk,  with  the  seal  of  the 
court  annexed,  if  there  be  a  clerk  and  seal,  or  by  the  legal  keeper  of  the 
record,  with  the  seal  of  his  office  annexed,  if  there  be  a  seal,  to  be  a  true 
copy  of  such  record,  together  with  a  certificate  of  a  judge  of  the  court,  that 
the  person  making  the  certificate  is  the  clerk  of  the  court,  or  the  legal 
keeper  of  the  record,  and  in  either  case  that  the  signature  is  genuine,  and 
the  certificate  in  due  form ;  and,  also,  together  with  the  certificate  of  the 
minister  or  embassador  of  the  United  States  or  of  a  consul  of  the  United 
States,  in  such  foreign  country,  that  there  is  such  a  court,  specifying 
generally  the  nature  of  its  jurisdiction,  and  verifying  the  signature  of  the 
judge  and  clerk,  or  other  legal  keeper  of  the  record. 

Kerr,  C.C.  P.,  1906. 

5412.  When  copy  of  foreign  record  admissible. 

SEC.  470.  A  copy  of  the  judicial  record  of  a  foreign  country  shall  also 
be  admissible  in  evidence  upon  proof : 

1.  That  the  copy  offered  has  been  compared  by  the  witness  with  the 
original,  and  is  an  exact  transcript  of  the  whole  of  it. 

2.  That  such  original  was  in  the  custody  of  the  clerk  of  the  court  or 
other  legal  keeper  of  the  same ;  and, 

3.  That  the  copy  is  duly  attested  by  a  seal,  which  is  proved  to  be  the 
seal  of  the  court  where  the  record  remains,  if  it  be  the  record  of  a  court, 
or  if  there  be  no  such  seal,  or  if  it  be  not  a  record  of  a  court,  by  the  signa- 
ture of  the  legal  keeper  of  the  original. 

Kerr,  C.C.  P.,  1907. 

5413.  Printed  statutes  presumed  to  be  correct. 

SEC.  471.  Printed  copies  in  volumes  of  statutes,  code  or  other  written 
law,  enacted  by  any  other  state,  or  territory,  or  foreign  government,  pur- 
porting or  proved  to  have  been  published  by  the  authority  thereof,  or 
proved  to  be  commonly  admitted  as  evidence  of  the  existing  law,  in  the 
courts  and  judicial  tribunals  of  such  state,  territory,  or  government,  shall 
be  admitted  by  the  courts  and  officers  of  this  state  on  all  occasions  as  pre- 
sumptive evidence  of  such  laws. 

Kerr,  C.C.  P.,  1900. 

CHAPTER  52 

PRIVATE   WRITINGS 

5414.  Instrument  affecting  real  property  used  as  evidence. 

SEC.  472.  Every  instrument  conveying  or  affecting  real  property, 
acknowledged  or  proved  and  certified,  may,  together  with  the  certificate 
of  acknowledgment  or  proof,  be  read  in  evidence  in  an  action  or  proceeding, 
without  further  proof;  also,  the  original  record  of  such  conveyance  or 
instrument  thus  acknowledged  or  proved  or  a  certified  copy  of  the  record 
of  such  conveyance  or  instrument  thus  acknowledged  or  proved,  may  be 
read  in  evidence,  with  the  like  effect  as  the  original  instrument,  without 
further  proof. 

Kerr,  C.  C.  P. ,1951. 
See  sees.  1043-1046. 


CIVIL  PRACTICE  Sec.  5417 

15.  Certified  copies  of  United  States  and  state  land  patents  admitted 
in  evidence—  When  original  recorded. 

SEC.  473.  All  patents  which  have  been  heretofore,  or  which  may  be 
hereafter  issued  by  either  the  State  of  Nevada  or  by  the  United  States, 
for  lands  situate  in  the  State  of  Nevada,  may  be  recorded  as  they  are  issued 
in  the  office  of  the  county  recorder  of  the  county  in  the  State  of  Nevada 
where  said  lands  are  situated  ;  and  when  so  recorded,  the  record  or  copies 
thereof,  certified  as  required  by  the  laws  of  the  State  of  Nevada,  may  be 
used  in  evidence  in  any  court  of  the  State  of  Nevada  in  the  same  manner 
and  under  the  same  circumstances,  and  with  the  same  force  and  effect 
as  certified  copies  of  the  records  of  conveyances  of  real  estate,  acknowl- 
edged or  proven,  and  certified  and  recorded  in  the  manner  prescribed  by 
the  laws  of  the  State  of  Nevada,  may  now  be  used. 


gees.  K)"):;  io:)4. 

The  record  of  a  patent  from  the  United  States  is  admissible  in  evidence.  Reno  B.  Co.  v. 
1'ackanl.  :51  Nev.  4.°,:?,  441  (103  P.  415). 

CHAPTER  53 

ADMISSION  OR  INSPECTION  OF  WRITINGS 

.">  1  1  r>.    I'nrt.v  limy  demand  inspection  of  book  or  paper—  Court  may  exclude. 

SEC.  474.  Any  court  in  which  an  action  is  pending,  or  a  judge  thereof 
may,  upon  notice,  order  either  party  to  give  to  the  other  within  a  specified 
time  an  inspection  and  copy,  or  permission  to  take  a  copy  of  any  book, 
document,  or  paper  in  his  possession,  or  under  his  control,  containing  evi- 
dence relating  to  the  merits  of  the  action,  or  the  defense  therein.  If  com- 
pliance with  the  order  be  refused,  the  court  may  exclude  the  book,  docu- 
ment, or  paper  from  being  given  in  evidence,  or  if  wanted  as  evidence  by 
the  party  applying,  may  direct  the  jury  to  presume  it  to  be  such  as  he 
alleges  it  to  be;  and  the  court  may  also  punish  the  party  refusing  for  a 
contempt.  This  section  shall  not  be  construed  to  prevent  a  party  from 
compelling  another  to  produce  books,  papers,  or  documents  when  he  is 
examined  as  a  witness. 

Kerr,  C.  C.  P.,1000. 

5417.    Contents  of  writing,  how  proved. 

SEC.  475.  There  shall  be  no  evidence  of  the  contents  of  a  writing,  other 
than  the  writing  itself,  except  in  the  following  cases  : 

1.  When  the  original  has  been  lost  or  destroyed;    in  which  case  proof 
of  the  loss  or  destruction  shall  first  be  made. 

2.  When  the  original  is  in  the  possession  of  the  party  against  whom  the 
evidence  is  offered,  and  he  fails  to  produce  it  after  reasonable  notice. 

3.  When  the  original  is  a  record  or  other  document  in  the  custody  of  a 
public  officer,  or  officer  of  a  corporation. 

4.  When  the  original  has  been  recorded  and  a  certified  copy  of  the 
record  is  made  evidence  by  statute. 

5.  When  the  original  consists  of  numerous  accounts  or  other  documents 
which  cannot  be  examined  in  court  without  great  loss  of  time,  and  the 
evidence  sought  from  them  is  only  the  general  result  of  the  whole.     In  the 
cases  mentioned  in  subdivisions  3  and  4,  a  copy  of  the  original,  or  of  the 
record,  must  be  produced;    in  those  mentioned  in  subdivisions  1  and  2 
either  a  copy  or  oral  evidence  of  the  contents. 

Kerr,  C.  C.  P.,  1855. 

On  an  issue  as  to  the  earning  capacity  ings  should  have  been  by  such  witnesses 

of  a  railroad,  it  was  error  to  permit  expert  making  an  arbitrary  classification  and 

accountants,  who  had  examined  the  corpora-  exclusion  of  debits  and  credits.  State  v. 

tion  books,  to  give  parol  evidence  of  their  N.  C.  E.  K.  Co.,  28  Nev.  186,  214  (113  A.  S. 

opinion  as  to  what  the  railroad's  net  earn-  834,  81  P.  99). 


Sec.  5418  CIVIL  PRACTICE  1592 

Upon  the  notice  to  defendant  who  was  in  as  under  the  law  independent  of  it,  for  an 

possession  of  note  sued  on  to  produce  the  expert,  who  had  made  full  investigation  of 

same,  and  failure  on  his  part,  plaintiff  may  the  accounts  of  an  office,  to  state  orally  the 

prove  contents.  McClusky  v.  Gerhauser,  2  result  of  his  examination.  State  v.  Khoades, 

Nev.  47,  50.  6  Nev.  353,  376. 

It  is  competent  under  this  section,  as  well 

5418.  Writing  altered,  who  to  explain. 

SEC.  476.  The  party  producing  a  writing  as  genuine,  which  has  been 
altered,  or  appears  to  have  been  altered  after  its  execution,  in  a  part 
material  to  the  question  in  dispute,  and  such  alteration  is  not  noted  on  the 
writing,  shall  account  for  the  appearance  or  alteration.  He  may  show  that 
the  alteration  was  made  by  another  without  his  concurrence,  or  was  made 
with  the  consent  of  the  parties  affected  by  it,  or  otherwise  properly  or 
innocently  made.  If  he  do  that,  he  may  give  the  writing  in  evidence,  but 
not  otherwise. 

Kerr,  C.  C.  P.,  1982. 

No  one  can  be  deprived  of  the  benefit  of  same,    and    it    can    be    ascertained    by    any 

a  deed,  instrument,  contract,  or  written  evi-  legal  method  of  arriving  at  the  knowledge 

dence  on  account  of  an  alteration  or  erasure,  of  that  fact  how  the  instrument  originally 

provided  it  appear  that  such  erasure  or  alter-  read.     State  v.  Manhattan  S.  M.  Co.,  4  Nev. 

ation  was  made  without  the  knowledge  or  318,  336. 
consent    of    the    party    wishing    to    use    the 

CHAPTER  54 

WITNESSES — COMPETENCY 

5419.  Who    may    be    witnesses — When    wit-       5434.  Idem — How  served  if  witness  be  con- 

nesses  incompetent.  cealed. 

5420.  Idem — Eeligious    belief    or    conviction       5435.  Persons  present  compelled  to  testify. 

of  felony  does  not  disqualify.  5436.  Duty  of  witness. 

5421.  Refusal  to  testify  or  give  deposition,       5437.  What  questions  witness  must  answer — 

penalty — Contempt.  What  he  may  refuse. 

5422.  Insane  husband  or  wife  as  witness.  5438.  Disobedience,  punishment  for. 

5423.  Persons  excluded  as  witnesses.  5439.  Penalty  for  disobedience. 

5424.  Husband  and  wife,  when   one  cannot  5440.  Warrant  may  issue  to  bring  witness, 

be  witness  against  the  other.  when. 

5425.  Attorney  and  client,  attorney's  secre-       5441.  Contents  of  warrant. 

tary,  as  witnesses.  5442.  Prisoner  as  witness,  how  brought — Dis- 

5426.  Clergymen  as  witnesses.  position  of. 

5427.  Physician  as  witness.  5443.  Idem — On  whose  motion. 

5428.  Public  officer  as  witness.  5444.  Idem — How  examined. 

5429.  Judge  or  juror  may  be  called  as  wit-       5445.  Witnesses  exempt  from  arrest,  when. 

ness.  5446.  Idem — Arrest  void  and  arresting  offi- 

5430.  When  an  interpreter  may  be  sworn.  cer  liable. 

5431.  Subpena  may  require  witness  to  bring       5447.  Witness,  .not  Christian,  how  sworn. 

books  —  Not     required     to  attend       5448.  Witness  may  take  affirmation  instead 
unless  mileage  paid,  when.  of  oath. 

5432.  Subpena,  how  issued.  5449.  Exclusion  of  witnesses  during  trial. 

5433.  Subpena,  how  served. 

5419.    Who  may  be  witnesses— When  witnesses  incompetent. 

SEC.  477.  All  persons,  without  exception,  otherwise  than  as  specified 
in  this  chapter,  who,  having  organs  of  sense,  can  perceive,  and  perceiving 
can  make  known  their  perceptions  to  others,  may  be  witnesses  in  any 
action  or  proceeding  in  any  court  of  the  state.  Facts  which,  by  the  com- 
mon law,  would  cause  the  exclusion  of  witnesses,  may  still  be  shown  for 
the  purpose  of  affecting  their  credibility.  No  person  shall  be  allowed  to 
testify : 

1.  When  the  other  party  to  the  transaction  is  dead. 

2.  When  the  opposite  party  to  the  action,  or  the  person  for  whose 
immediate  benefit  the  action  or  proceeding  is  prosecuted  or  defended,  is 
the  representative  of  a  deceased  person,  when  the  facts  to  be  proven 
transpired  before  the  death  of  such  deceased  person ;  provided,  that  when 


CIVIL  PRACTICE 


Sec,  5420 


>uch   deceased   person   was   represented   in   the  transaction   in   question 
an  agent  who  is  living,  and  who  testifies  as  a  witness  in  favor  of  the 

jpresentative  of  such  deceased  person,  or,  when  persons  other  than  the 

irties  to  the  transaction,  claiming  to  have  been  present  when  the  transac- 
took  place,  testify  as  witnesses  in  favor  of  the  representative  of  such 
leceased  person,  in  such  case  the  other  party  may  also  testify  in  relation 
such  transaction. 

Nothing  contained  in  this  section  shall  affect  the  laws  in  relation  to  the 
ittestation  of  any  instrument  required  to  be  attested. 

Kerr,  C.C.  P.,  1878-1879. 

The  object  of  this  section  was  to  make 
even  the  parties  to  actions  competent  wit- 
-  in  all  cases,  except  where  an  undue 
;ni \antage  might  be  gained  thereby.  By 
the  phrase  "adverse  party"  was  meant  the 
actual  party  to  the  transaction;  he  who 
could  himself  testify  as  to  it.  Eoney  v. 
Hue k land,  4  Nev.  45,  55,  57. 

When  a  surviving  partner  is  sued  for  a 
loan  for  the  use  of  the  fund  made  to  a 
•let-cased  partner,  and  of  the  particulars  of 
which  the  deceased  partner  only  was  cog- 
ni/ant,  the  plaintiff  is  not  a  competent  wit- 
ness in  his  own  behalf.  Idem. 

An  executor  is  not  within  the  exception  of 
this  section.  In  re  Millenovich,  5  Nev.  163, 
188. 

The  statute  making  parties  competent  wit- 
^  does  not  abrogate  the  rule  of  evidence 
requiring  the  subscribing  witness  to  a  writ- 
ten instrument  to  be  called,  or  his  absence 
accounted  for.  Kalmes  v.  Gerrish,  7  Nev. 
81. 

Where  a  person  was  employed  by  another 
to  work  at  a  quartz  mill  for  an  association, 
to  whom  such  latter  person  had  assigned  a 
lease  thereof,  and,  after  the  death  of  the 
assignor,  the  employee  sued  the  association 
I'm  work  and  labor,  it  was  held  that  none 
of  the  association  was  sued  as  the  represent- 
ative of  deceased,  and  there  was  nothing 


to  incidental  and  preliminary  matters 
addressed  solely  to  the  judge,  but  cannot  tes- 
tify to  any  of  the  issues  raised  by  the  plead- 
ings. Higgs  v.  Hansen,  13  Nev.  356,  357. 

Where  the  administrator  of  a  deceased 
person  is  plaintiff,  and  testifies  to  a  contract 
made  by  deceased  in  his  presence,  it  was 
held  thafc  defendant  could  not  testify  in  his 
own  behalf.  Vesey  v.  Benton,  13  Nev.  284, 
285. 

The  surviving  partners  are  not  the  "rep- 
resentatives of  a  deceased  person."  Crape 
v.  Gloster,  13  Nev.  279,  280,  282. 

A  defendant,  in  a  suit  by  a  surviving 
partner  to  foreclose  a  mortgage,  will  not  be 
allowed  to  testify  that  the  deceased  partner 
accepted  property  under  a  verbal  agreement 
in  satisfaction  of  a  mortgage.  Gage  v.  Phil- 
lips, 21  Nev.  150,  154  (37  A.  S.  494,  26  P.  60). 

This  section  doe's  not  prohibit  witnesses, 
who  are  not  parties  to  the  action  and  have 
no  interest  in  the  result  thereof,  from  tes- 
tifying concerning  conversations  had  with 
the  deceased  person,  who  was  the  opposite 
party  to  the  transaction  in  controversy,  and 
concerning  such  transaction.  Burgess  v. 
Helm,  24  Nev.  242,  249,  250  (51  P.  1025). 

In  an  action  to  recover  alleged  partner- 
ship property  after  the^  decease  of  an  alleged 
partner,  plaintiff's  testimony  authenticating 
the  books  containing  the  alleged  partnership 
transactions,  and  also  plaintiff's  individual 
business  accounts,  was  properly  excluded  as 
relating  to  transactions  with  a  deceased  per- 
son. Schwartz  v.  Stock,  26  Nev.  128,  146, 
149  (65  P.  351). 


in  this  section  to  prevent  plaintiff  from 
testifying  as  to  the  conversation  and 
employment  by  deceased.  Fulton  v.  Day,  8 
Nev.  80,  83. 

Where  a  person  is  disqualified  under  this 
section,  he  is  a  competent  witness  to  testify 

5420.    Idem— Religious  belief  or  conviction  of  felony  does  not  disqualify. 

SEC.  478.  No  person  shall  be  disqualified  as  a  witness  in  any  action  or 
proceeding  on  account  of  his  opinions  on  matters  of  religious  belief,  or  by 
reason  of  his  conviction  of  felony,  but  such  conviction  may  be  shown  for 
the  purpose  of  affecting  his  credibility,  and  the  jury  is  to  be  the  exclusive 
judges  of  his  credibility,  or  by  reason  of  his  interest  in  the  event  of  the 
action  or  proceeding  as  a  party  thereto,  or  otherwise,  but  the  party  or 
parties  thereto,  and  the  person  in  whose  behalf  such  action  or  proceeding 
may  be  brought  or  defended,  shall,  except  as  hereinafter  excepted,  be 
competent  and  be  compellable  to  give  evidence,  either  orally  or  by  deposi- 
tion or  upon  a  commission,  in  the  same  manner  and  be  subject  to  the  same 
rules  of  examination  as  other  witnesses  on  behalf  of  himself,  or  either  or 
any  of  the  parties  to  the  action  or  proceeding. 

Kerr,  C.C.  P.,  1879. 

See   Crane   v.   Gloster,   under   sec.  477    of       held  that  a  person  convicted  of  an  infamous 

this  act.  crime  in  the  courts  of  another  state  is  ren- 

Tnder   sec.    380,   Stats.    1869,   196,  it   was       dered  incompetent  to  testify  as  a  witness  in 


Sec.  5421  CIVIL  PRACTICE  1594 

a  criminal  proceeding  in  this  state.  State  The  interest  which  will  render  one  incom- 

v.  Foley,  15  Nev.  64,  73  (37  A.  K.  458).  petent  as  a  witness,  must  be  a  direct  inter- 

The  same  section  was  cited  in  State  v.  est  in  the  judgment;  he  must  either  gain 

McKenney,  18  Nev.  201  (2  P.  171).  or  lose  by  the  direct  legal  operation  or 

See  Schwartz  v.  Stock,  under  sec.  477  of  effect  of  the  judgment,  or  the  record  of  it 

this  act.  must  be  such  as  would  make  it  legal  evi- 

Cited,  State  v.  Roberts,  28  Nev.  351,  379  dence  for  or  against  him  in  some  other 

(82  P.  100).  action.  Geller  v.  Huffaker,  1  Nev.  22,  24. 

5421.  Refusal  to  testify  or  give  deposition,  penalty— Contempt. 

SEC.  479.  If  a  party  refuse  to  attend  and  testify  at  the  trial,  or  to  give 
his  deposition  before  trial,  or  upon  a  commission  when  required,  his  com- 
plaint, answer  or  reply  may  be  stricken  out  and  judgment  be  taken  against 
him  and  he  may  be  also,  in  the  discretion  of  the  court,  proceeded  against  as 
in  other  cases  for  a  contempt. 

5422.  Insane  husband  or  wife  as  witness. 

SEC.  480.  When  a  husband  or  wife  is  insane,  and  has  been  so  declared 
by  a  commission  of  lunacy,  or  in  due  form  of  law,  the  other  shall  be  a  com- 
petent witness  to  testify  as  to  any  fact  which  transpired  before  or  during 
such  insanity,  but  the  privilege  of  so  testifying  shall  cease  on  the  restora- 
tion to  soundness  of  mind  of  the  insane  husband  or  wife,  unless  upon  the 
consent  of  both,  in  which  case  they  shall  be  competent  witnesses. 

Cited,  Gage  v.  Phillips,  21  Nev.  155,  156  (37  A.  S.  494,  26  P.  60). 

5423.  Persons  excluded  as  witnesses. 

SEC.  481.    The  following  persons  cannot  be  witnesses  : 

1.  Those  who  are  of  unsound  mind  at  the  time  of  their  production  for 
examination. 

2.  Children  under  ten  years  of  age  who  appear  incapable  of  receiving 
just  impressions  of  the  facts  respecting  which  they  are  examined,  or  of 
relating  them  truly. 

3.  Parties  or  assignors  of  parties  to  an  action  or  proceeding,  or  persons 
in  whose  behalf  an  action  or  proceeding  is  prosecuted,  against  an  executor 
or  administrator  upon  a  claim  or  demand  against  the  estate  of  a  deceased 
person,  as  to  any  matter  of  fact  occurring  before  the  death  of  such  deceased 
person. 

Kerr,  C.  C.  P.,  1880. 

5424.  Husband  and  wife,  when  one  cannot  be  witness  against  the  other. 

SEC.  482.  A  husband  cannot  be  examined  as  a  witness  for  or  against 
his  wife  without  her  consent,  nor  a  wife  for  or  against  her  husband  with- 
out his  consent;  nor  can  either,  during  the  marriage  or  afterwards,  be, 
without  the  consent  of  the  other,  examined  as  to  any  communication  made 
by  one  to  the  other  during  marriage.  But  this  exception  shall  not  apply  to 
a  civil  action  or  proceeding  by  one  against  the  other,  nor  to  a  criminal 
action  or  proceeding  for  a  crime  committed  by  one  against  the  other. 

Kerr,  C.  C.  P.,  1881. 

Where   two   parties   are   jointly   indicted,  Where    the    wife    of    an    accomplice    is 

but  tried  separately,  the  wife  of  one  may  be      called,  her  testimony  is  entitled  at  least  to 
a   witness  for   or   against   the   other,   if   her       the   same   weight   and   effect   as  that   of   an 
husband  cannot  be  benefited  or  injured  by       accomplice.     Idem, 
her  testimony.     State  v.  Waterman,  1  Nev. 
543,  549. 

5425.  Attorney  and  client,  attorney's  secretary,  as  witnesses. 

SEC.  483.  An  attorney  cannot,  without  the  consent  of  his  client,  be 
examined  as  to  any  communication  made  by  the  client  to  him,  or  his 
advice  given  thereon  in  the  course  of  professional  employment ;  nor  can  an 
attorney's  secretary,  stenographer,  or  clerk  be  examined,  without  the 


L595 


CIVIL  PRACTICE 


Sec.  5480 


Consent  of  his  employer,  concerning  any  fact,  the  knowledge  of  which  has 
been  acquired  in  such  capacity. 

K.-rr,  C.  (\  P.,  1881,  subd.  2. 
An  attorney  or  counselor  cannot,  without 
>iiseiit  of  his  client,  and  has  no  right 
disclose  any  fact  which  may  have  been 
communicated  to  him  by  his  client,  solely 
for  the  purpose  of  obtaining  his  profes- 
ional  assistance  or  advice;  but  this  rule  is 
lot  to  be  carried  to  the  extent  of  depriving 
attorney  of  means  of  obtaining  or 
iiiling  his  own  rights.  Mitchell  v. 
iromberger,  2  Nev.  345,  348. 


Whenever,  in  a  suit  between  attorney 
and  client,  the  disclosure  of  a  privileged 
communication  becomes  necessary  to  the 
protection  of  the  attorney's  own  rights,  he 
is  released  from  those  obligations  of  secrecy 
which  the  law  places  upon  him.  He  should 
not,  however,  disclose  more  than  is  neces- 
sary for  his  own  protection.  Idem. 


Clergymen  as  witnesses. 

SEC.  484.    A  clergyman  or  priest  shall  not,  without  the  consent  of  the 
»rson  making  the  confession,  be  examined  as  a  witness  as  to  any  con- 
fession made  to  him  in  his  professional  character. 
Kerr.C.C.  P.,  issi. 

>427.    Physician  as  witness. 

SEC.  485.    A  licensed  physician  or  surgeon  shall  not,  without  the  con- 
jnt  of  his  patient,  be  examined  as  a  witness  as  to  any  information  acquired 
in  attending  the  patient,  which  was  necessary  to  enable  him  to  prescribe 
>r  act  for  the  patient;    provided,  hoivever,  in  any  suit  or  prosecution 
gainst  a  physician  or  surgeon  for  malpractice,  if  the  patient  or  party 
suing  or  prosecuting  shall  require  or  give  such  consent,  and  any  such 
itness  shall  give  testimony,  then  such  physician  or  surgeon,  defendant 
lay  call  any  other  physicians  or  surgeons  as  witnesses  on  behalf  of 
lefendant,    without    the    consent    of    such    patient    or    party    suing    or 
>rosecuting. 

Km-.  C.C.  P.,  1881. 

Such  consent  may  be  either  express  or 
implied.  When  the  parents  of  a  child 
institute  criminal  proceedings  charging  a 
•  letVinl.-int  with  committing  rape  upon  the 
child  ami  are  principal  witnesses  against 
him.  testifying  to  the  nature  of  the  injury 


and  ailment  for  which  the  physician  pro- 
scribed, a  waiver  of  the  protection  which 
the  law  gives  to  the  confidential  information 
acquired  by  the  physician  will  be  upheld. 
State  v.  Dopoister,  21  Nev.  107,  117,  123 
(25  P.  1000). 


5428.  Public  officer  as  witness. 

SEC.  486.  A  public  officer  shall  not  be  examined  as  a  witness  as  to  com- 
munications made  to  him  in  official  confidence,  when  the  public  interests 
would  suffer  by  the  disclosure. 

Kerr,  C.  C.  P. ,1881. 

5429.  Judge  or  juror  may  be  called  as  witness. 

SEC.  487.  The  judge  himself,  or  any  juror,  may  be  called  as  a  witness 
by  either  party ;  but  in  such  case  it  shall  be  in  the  discretion  of  the  court 
or  judge  to  order  the  trial  to  be  postponed,  or  suspended,  and  to  take  place 
before  another  judge  or  jury. 

Kerr,  C.  C.  P.,  1883. 

Where  no  foundation  is  laid  for  the 
Impeachment  of  a  witness  by  asking  him  if 
he  has  not  made  certain  contradictory  state 


meats,  and  calling  his  attention  to  the  place 
where,  the  time  when,  and  the  persons  to 
whom  or  in  whose  presence  he  made  such 


statements,  it  is  not  error  for  the  judge,  by 
whose  testimony  it  is  sought  to  prove  such 
contradictory  statements,  to  refuse  to  tes- 
tify. (Fitzgerald,  J.,  dissenting.)  Eeno  M. 
&  L.  Co.  v.  Westerfield,  26  Nev.  332,  341 
(67  P.  961). 


5480.    When  an  interpreter  may  be  sworn. 

SEC.  488.  When  a  witness  does  not  understand  and  speak  the  English 
language,  an  interpreter  shall  be  sworn  to  interpret  for  him.  Any  person 
resident  of  the  county  may  be  summoned  by  any  judge  or  court  to  appear 


Sec.  5431  CIVIL  PRACTICE  1596 

before  judge  or  court  to  act  as  interpreter  in  any  action  or  proceeding. 
The  summons  shall  be  served  and  returned  in  like  manner  as  a  subpena. 
Any  person  so  summoned  shall,  for  a  failure  to  attend  at  the  time  and 
place  named  in  the  summons,  be  deemed  guilty  of  contempt,  and  punished 
accordingly. 

Kerr,  C.  C.  P.,  1884. 

5431.  Subpena  may  require  witness  to  bring  books— Not  required  to 

attend  unless  mileage  paid,  when. 

SEC.  489.  A  subpena  may  require  not  only  the  attendance  of  the  person 
to  whom  it  is  directed,  at  a  particular  time  and  place,  to  testify  as  a  wit- 
ness, but  may  also  require  him  to  bring  with  him  any  books,  documents, 
or  other  things  under  his  control,  to  be  used  as  evidence.  No  person  shall 
be  required  to  attend  as  a  witness  before  any  court,  judge,  justice,  referee, 
or  other  officer,  out  of  the  county  in  which  he  resides,  unless  the  distance 
be  less  than  thirty  miles  from  his  place  of  residence  to  the  county  of  trial ; 
provided,  that  such  witness  shall  have  the  right  to  demand  payment  in 
advance  of  his  fees  for  one  day's  attendance,  and  his  mileage  to  and  from 
the  place  specified  in  the  subpena. 

Kerr,  C.C.  P.,  1985,  1989. 

Fees    for    mileage    or   attendance    of    the  present  in  court  at  the  request  of  the  suc- 

opposite  parties'  witnesses  cannot  be  taxed,  cessful  party.     (Hawley,  C.  J.,  dissenting). 

and    a    judgment    therefor    entered    against  Meagher   v.    Van    Zandt,    18    Nev.    230,    234 

the  losing  party  when  such  witnesses  have  (2  P.  57).   (See  this  case,  under  sec.   2000, 

not   been    subpenaed   in  the   case   according  ante.) 
to    law,    or    sworn    or    examined,    although 

5432.  Subpena,  how  issued. 

SEC.  490.    The  subpena  shall  be  issued  as  follows : 

1.  To  require  attendance  before  a  court,  it  shall  be  issued  in  the  name 
and  under  the  seal  of  the  court  before  which  the  attendance  is  required. 

2.  To  require  attendance  out  of  court,  before  a  judge,  referee,  justice 
or  other  officer  authorized  to  administer  oaths  or  take  testimony  in  any 
matter  under  the  laws  of  this  state,  it  shall  be  issued  by  the  judge,  referee, 
justice,  or  other  officer  before  whom  the  attendance  is  required. 

3.  To  require  attendance  before  a  commissioner  appointed  to  take  testi- 
mony by  a  court  of  a  foreign  country,  or  of  the  United  States,  or  of  any 
other  state,  or  of  a  territory  of  the  United  States,  or  any  district  judge 
or  justice  of  the  peace  of  this  state,  it  may  be  issued  by  a  judge  or  justice 
of  the  peace  in  places  within  their  respective  jurisdictions,  with  like  power 
to  enforce  attendance  and  to  punish  contempt  of  such  subpena  as  such 
judge  or  justice  could  exercise  if  the  subpena  directed  the  attendance  of 
the  witness  before  his  own  court,  in  a  matter  pending  therein. 

Kerr,  C.  C.  P.,  1986. 

See  Meagher  v.  Van  Zandt,  under  sec.  489  of  this  act. 

5433.  Subpena,  how  served. 

SEC.  491.  The  service  of  a  subpena  shall  be  made  by  showing  the  orig- 
inal, and  delivering  a  copy,  or  a  ticket  containing  its  substance,  to  the 
witness  personally,  giving  or  offering  to  him  at  the  same  time,  if  demanded 
by  him,  the  fees  to  which  he  is  entitled  for  travel  to  and  from  the  place 
designated,  and  one  day's  attendance  there.  Such  service  may  be  made 
by  any  person. 

Kerr,  C.C.  P.,  1987. 

5434.  Idem— How  served  if  witness  be  concealed. 

SEC.  492.  If  a  witness  be  concealed  in  a  building,  vessel,  or  elsewhere, 
so  as  to  prevent  the  service  of  a  subpena  upon  him,  any  court  or  judge,  or 
any  officer  issuing  the  subpena,  may,  upon  proof  by  affidavit  of  the  con- 


CIVIL  PRACTICE  Sec.  5441 

ialment,  and  of  the  materiality  of  the  witness,  make  an  order  that  the 
sheriff  of  the  county  serve  the  subpena,  and  the  sheriff  shall  serve  it 

!cordingly,  and  for  that  purpose  may  break  into  the  building,  vessel,  or 
other  place  where  the  witness  is  concealed. 

Kerr,  C.  C.  P.,  1988. 


54 


35.    Persons  present  compelled  to  testily. 

SEC.  493.  A  person  present  in  court,  or  before  a  judicial  officer,  may  be 
required  to  testify  in  the  same  manner  as  if  he  were  in  attendance  upon  a 
subpena  issued  by  such  court  or  officer. 

Kerr,  C.  C.  P.,  1990. 

Cited,  Maxwell  v.  Rives,  11  Nev.  219. 

5436.  Duty  of  witness. 

SEC.  494.    It  shall  be  the  duty  of  a  witness,  duly  served  with  a  subpena, 
attend  at  the  time  appointed,  with  any  papers  under  his  control  required 
y  the  subpena,  to  answer  all  pertinent  and  legal  questions,  and,  unless 
ner  discharged,  to  remain  till  the  testimony  is  closed. 

5437.  What  questions  witness  must  answer,  wliat  lie  may  refuse. 

SEC.  495.  A  witness  shall  answer  questions  legal  and  pertinent  to  the 
atter  in  issue,  though  his  answer  may  establish  a  claim  against  himself; 
ut  he  need  not  give  an  answer  which  will  have  a  tendency  to  subject  him 
punishment  for  a  felony,  nor  need  give  an  answer  which  will  have  a 
irect  tendency  to  degrade  his  character,  unless  .it  be  to  the  very  fact  in 
sue,  or  to  a  fact  from  which  the  fact  at  issue  would  be  presumed.  But  a 
itness  shall  answer  as  to  the  fact  of  his  previous  conviction  for  felony. 

The  witness  might  have  put  himself  upon       this    excuse,    lie   was   bound   to    answer    the 
is    privilege    not    to    criminate    or    degrade       questions.     Maxwell  v.  Eives,  11   Nev.  220, 
'      but    having    expressly    disrlairned       L'L'l. 


t38.     Disobedience,  punishment  for. 

SEC.  496.    Disobedience  to  a  subpena,  or  a  refusal  to  be  sworn  or  to 
iswer  as  a  witness,  or  to  subscribe  an  affidavit  or  deposition  when 
uiired,  may  be  punished  as  a  contempt  by  the  court  or  officer  issuing  the 
mbpena  or  requiring  the  witness  to  be  sworn;    and  if  the  witness  be  a 
>arty,  his  complaint  may  be  dismissed  or  his  answer  stricken  out. 
Kerr,  C.  C.  P.,  1991. 

39.    Penalty  for  disobedience. 

SEC.  497.    A  witness  disobeying  a  subpena,  shall  also  forfeit  to  the  party 
grieved  the  sum  of  one  hundred  dollars  and  all  damages  which  he  may 
ustain  by  the  failure  of  the  witness  to  attend,  which  forfeiture  and 
ages  may  be  recovered  in  a  civil  action. 

Kerr,  C.  C.  P.,  1992. 

440.    Warrant  may  issue  to  bring  witness,  when. 

SEC.  498.    In  case  of  failure  of  a  witness  to  attend,  the  court  or  officer 
uing.the  subpena,  upon  proof  of  the  service  thereof  and  of  the  failure 
f  the  witness,  may  issue  a  warrant  to  the  sheriff  of  the  county  to  arrest 
e  witness  and  bring  him  before  the  court  or  officer  where  his  attendance 
as  required. 

Kerr,  C.  C.  P.,  1993. 

1.    Contents  of  warrant. 
SEC.  499.    Every  warrant  of  commitment,,  issued  by  a  court  or  officer 
ursuant  to  this  chapter,  must  specify  therein  the  cause  of  the  commit- 
ent,  and  if  it  be  for  refusing  to  answer  a  question,  such  question  must  be 
tated  in  the  warrant.     And  every  warrant  to  arrest  or  commit  a  witness, 
101 


Sec.  5442  CIVIL  PRACTICE  1598 

pursuant  to  this  chapter,  must  be  directed  to  the  sheriff  of  the  county 
where  the  witness  may  be,  and  must  be  executed  by  him  in  the  same  man- 
ner as  process  issued  by  the  district  court. 

Kerr,  C.  C.'p.,  1994. 

5442.  Prisoner  as  witness,  how  brought— Deposition  of. 

SEC.  500.  If  the  witness  be  a  prisoner  confined  in  a  jail  or  prison 
within  this  state,  an  order  for  his  examination  in  the  prison  upon  depo- 
sition, or  for  his  temporary  removal  and  production  before  a  court  or 
officer  for  the  purpose  of  being  orally  examined,  may  be  made  as  follows : 

1.  By  the  court  itself  in  which  the  action  or  special  proceeding  is  pend- 
ing, unless  it  be  a  justice  court. 

2.  By  a  justice  of  the  supreme  court  or  district  court  where  the  action 
or  proceeding  is  pending,  if  pending  before  a  justice's  court,  or  before 
a  judge  or  other  person  out  of  court. 

Kerr,  C.  C.  P.,  1995. 

See  Maxwell  v.  Rives,  under  sec.  501  of  this  act. 

5443.  Idem— On  whose  motion. 

SEC.  501.  Such  order  can  only  be  made  on  motion  of  a  party  upon 
affidavit  showing  the  nature  of  the  action  or  proceeding,  the  testimony 
expected  from  the  witness,  and  its  materiality. 

Kerr,  C.  C.  P.,  1996. 

The  law  requiring  an  affidavit  to  be  made  If  the  order  for  the  prisoner's  attendance 

of    certain    facts    before    the    court    should  in    court   was    improvidently   granted,    it   is 

make   an    order   to    have   the  'party    in   jail  no    concern   of   the   prisoner;     being   before 

produced  in  court,   was  never   designed    for  the    court    he    was    bound    to    answer    any 

the  protection   of  the  prisoner,  but  only  to  question  that  he  would  have  been  required 

pi  event  improper  and  unnecessary  interfer-  to   answer   if  the  process  for  bringing   him 

enr-e  with  the  custody  of  prisoners.  Maxwell  there  had  been  strictly  pursued.     Idem, 
v.  Eives,  11  Nev.  213,  214,  218. 

5444.  Idem— How  examined. 

SEC.  502.  If  the  witness  be  imprisoned  in  the  county  where  the  action 
or  proceeding  is  pending,  his  production  may,  in  the  discretion  of  the 
court  or  judge,  be  required;  in  all  other  cases  his  examination,  when 
allowed,  shall  be  taken  upon  deposition. 

Kerr,  C.  C.  P.,  1997. 

See  Maxwell  v.  Rives,  under  sec.  501  of  this  act. 

5445.  Witnesses  exempt  from  arrest,  when. 

SEC.  503.  Every  person  who  has  been  in  good  faith  served  with  a 
subpena  to  attend  as  a  witness  before  a  court,  judge,  commissioner, 
referee,  or  other  person,  in  a  case  where  the  disobedience  of  the  witness 
may  be  punished  as  a  contempt,  shall  be  exonerated  from  arrest  in  a 
civil  action  while  going  to  the  place  of  attendance,  necessarily  remaining 
there,  and  returning  therefrom. 

Kerr,  C.  C.  P.,20«7. 

5446.  Idem— Arrest  void  and  arresting  officer  liable. 

SEC.  504.  The  arrest  of  a  witness  contrary  to  the  last  section  shall  be 
void ;  but  an  officer  shall  not  be  liable  to  the  party  for  making  the  arrest 
in  ignorance  of  the  facts  creating  the  exoneration,  but  shall  be  liable  for 
any  subsequent  detention  of  the  party,  if  such  party  claim  the  exemption 
and  make  an  affidavit,  stating : 

1.  That  he  has  been  served  with  a  subpena  to  attend  as  a  witness  before 
a  court,  officer,  or  other  person,  specifying  the  same,  the  place  of  attend- 
ance and  the  action  or  proceeding  in  which  the  subpena  was  issued ;   and, 

2.  That  he  has  not  been  thus  served  by  his  own  procurement,  with  the 
intention  of  avoiding  an  arrest. 

Kerr,  C.  C.  P.,  2068. 


1599  CIVIL  PRACTICE  Sec.  5453 

5447.  Witness,  not  Christian,  how  sworn. 

SEC.  505.  When  a  person  is  sworn  who  believes  in  any  other  than  the 
Christian  religion,  he  may  be  sworn  according  to  the  peculiar  ceremonies 
of  his  religion,  if  there  be  any  such. 

Kcrr.  C.  C.  P.  ,20%. 

5448.  Witness  may  take  affirmation  instead  of  oath. 

SEC.  506.     Any  witness  who  desires  it,  may,  at  his  option,  instead  of 
taking  an  oath,  make  his  solemn  affirmation  or  declaration,  by  assenting 
when  addressed  in  the  following  terms:  "You  do  solemnly  affirm  that  the 
evidence  you  shall  give  in  this  issue  (or  matter),  pending  between  ............ 

and...       ...,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth." 

Assent  to  this  affirmation  shall  be  made  by  the  answer,  "I  do."  A  false 
affirmation  or  declaration  shall  be  deemed  perjury  equally  with  a  false 
oath. 

Kerr,  C.C,  I'.,-JO«.M. 

5449.  Exclusion  of  witnesses  during  trial. 

SEC.  507.  If  either  party  require  it,  the  judge  may  exclude  from  the 
court  room  any  witness  of  the  adverse  party,  not  at  the  time  under 
examination,  so  that  he  may  not  hear  the  testimony  of  other  witnesses. 

CHAPTER  55 

AFFIDAVITS 

5450.  Ailiilavits  to  be  used  in  state,  before      5452.  Idem—  If    taken    in    foreign    country, 

whom  t.-ikfii.  before  whom  taken. 

5451.  Al!i<l;i\it  out  of  state,  how  taken.  5453.  Certificate  of  clerk,  when  taken  out  of 

state  before  a  judge. 

5450.    Affidavits  to  be  used  in  state,  ln'i'ore  \\liom  taken. 

SEC.  508.  An  affidavit  to  be  used  before  any  court,  judge,  or  officer  of 
this  state  may  be  taken  before  any  justice,  judge  or  clerk  of  any  court, 
or  any  justice  of  the  peace  or  notary  public  in  this  state. 

Kcrr,  C.  C.  P.,  2012. 


Affidavit  out  of  state,  how  taken. 

SEC.  509.  An  affidavit  taken  in  another  state,  or  in  a  territory  of  the 
United  States,  to  be  used  in  this  state,  shall  be  taken  before  a  commissioner 
appointed  by  the  governor  of  this  state  to  take  affidavits  and  depositions 
in  such  other  state  or  territory,  or  before  any  notary  public  or  judge  of  a 
court  of  record  having  a  seal. 

Kerr,  C.C.  P.,  2013. 

5452.  Idem—  If  taken  in  foreign  country,  before  whom  taken. 

SEC.  510.  An  affidavit  taken  in  a  foreign  country  to  be  used  in  this 
state  shall  be  taken  before  an  embassador,  minister  or  consul  of  the 
United  States,  or  before  any  judge  of  a  court  of  record  having  a  seal 
in  such  foreign  country. 

Kerr,  C.  C.  P.,  2014. 

5453.  Certificate  of  clerk,  when  taken  out  of  state  before  a  judge. 

SEC.  511.  When  an  affidavit  is  taken  before  a  judge  of  a  court  in 
another  state,  or  in  a  territory  of  the  United  States,  or  in  a  foreign 
country,  the  genuineness  of  the  signature  of  the  judge,  the  existence 
of  the  court,  and  the  fact  that  such  judge  is  a  member  thereof,  shall  be 
certified  by  the  clerk  of  the  court,  under  the  seal  thereof. 

Kerr,  C.C.  P.,  2015. 


Sec.  5454  CIVIL  PRACTICE  1600 

CHAPTER  56 
DEPOSITIONS  TAKEN  WITHIN  THE  STATE 

5454.  Testimony  of  witness  in  state  taken  by       5456.  Manner  of  taking  depositions,  may  be 

deposition.  used  by  either  party  on  trial. 

5455.  Depositions  may  be  taken  before  judge,       5457.  Deposition  once  taken  may  be  read  at 

clerk,    justice    of    peace,    or    notary  any  time, 

public. 

5454.  Testimony  of  witness  in  state  taken  by  deposition. 

SEC.  512.  The  testimony  of  a  witness  in  this  state  may  be  taken  by 
deposition  in  an  action  at  any  time  after  the  service  of  the  summons  or 
the  appearance  of  the  defendant;  and  in  a  special  proceeding,  after  a 
question  of  fact  has  arisen  therein,  in  the  following  cases : 

1.  When  the  witness  is  a  party  to  the  action  or  proceeding,  or  a  person 
for  whose  immediate  benefit  the  action  or  proceeding  is  prosecuted  or 
defended. 

2.  When  the  witness  is  the  president,  vice-president,  secretary,  treas- 
urer, or  general  manager  of  a  corporation  for  whose  benefit  the  action  is 
prosecuted  or  defended. 

3.  When  the  witness  resides  out  of  the  county  in  which  his  testimony 
is  to  be  used. 

4.  When  the  witness  is  about  to  leave  the  county  where  the  action  is 
to  be  tried,  and  will  probably  continue  absent  when  the  testimony  is 
required. 

5.  When  the  witness,  otherwise 'liable  to  attend  the  trial  is  nevertheless 
top  infirm  to  attend,  or  resides  within  the  county,  but  more  than  fifty 
miles  from  the  place  of  trial. 

Kerr,  C.C.P.,2021. 

The    affidavit    required    to    be    made    to       section;    but   need  not   show  that   summons 
authorize   the   taking   of   a    deposition   of   a       has  been  served.     Lambert  v.  McFarland.  7 
witness  within  the  state,  has  to  show  that       Nev.  159,  163. 
the  case  is  one  of  those  mentioned  in  this 

5455.  Depositions  may  be  taken  before  judge,  clerk,  justice  of  peace,  or 

notary  public. 

SEC.  513.  Either  party  may  have  the  deposition  of  a  witness  in  this 
state  taken  before  any  judge  or  clerk  of  a  court,  or  any  justice  of  the 
peace  or  notary  public  in  this  state,  on  serving  upon  the  adverse  party 
previous  notice  of  the  time  and  place  of  examination,  together  with  a 
copy  of  an  affidavit  showing  that  the  case  is  one  mentioned  in  the  last 
section.  At  any  time  during  the  forty  days  immediately  after  the  service 
of  summons  by  publication  has  been  completed,  and  at  any  time  thereafter, 
when  the  defendant  has  not  appeared,  and  his  residence  is  unknown  to 
the  plaintiff,  the  notice  required  by  this  section  may  be  served  upon  the 
clerk  of  the  court  where  the  action  is  pending.  Such  notice  shall  be  at 
least  five  days,  and,  in-  addition,  one  day  for  every  twenty-five  miles 
of  the  distance  of  the  place  of  examination  from  the  residence  of  the 
person  upon  whom  the  notice  is  served,  unless,  for  a  cause  shown,  a  judge, 
by  order,  prescribe  a  shorter  time.  When  a  shorter  time  is  prescribed, 
a  copy  of  the  order  shall  be  served  with  the  notice. 

Kerr,  C.  C.  P.,  2031. 

5456.  Manner  of  taking  depositions— May  be  used  by  either  party  on  trial. 
SEC.  514.    Either  party  may  attend   such  examination   and  put  such 

questions,  direct  and  cross,  as  may  be  proper.  The  deposition,  when  com- 
pleted, shall  be  carefully  read  to  the  witness  and  corrected  by  him  in  any 
particular,  if  desired ;  it  shall  then  be  subscribed  by  the  witness,  certified 
by  the  judge  or  officer  taking  the  deposition,  inclosed  in  an  envelope  or 
wrapper,  sealed  and  directed  to  the  clerk  of  the  court  in  which  the  action 


1601  CIVIL  PRACTICE  Sec.  5459 

is  pending,  or  to  such  person  as  the  parties,  in  writing,  may  agree  upon, 
and  either  delivered  by  the  judge  or  officer  to  the  clerk  or  such  person, 
or  transmitted  through  the  mail  or  by  some  safe  private  opportunity;  and 
thereupon  such  deposition  may  be  used  by  either  party  upon  the  trial  or 
other  proceeding  against  any  party  giving  or  receiving  the  notice,  subject 
to  all  legal  exceptions.  But  if  the  parties  attend  at  the  examination,  no 
objection  to  the  form  of  an  interrogatory  shall  be  made  at  the  trial,  unless 
the  same  was  stated  at  the  time  of  the  examination.  If  the  deposition  be 
taken  by  reason  of  the  absence  or  intended  absence  from  the  county  of  the 
witness,  or  because  he  is  too  infirm  to  attend,  proof  by  affidavit  or  oral 
testimony  shall  be  made  at  the  trial  that  the  witness  continues  absent  or 
infirm,  to  the  best  of  the  deponent's  knowledge  or  belief.  The  deposition 
thus  taken  may  be  also  read  in  case  of  the  death  of  the  witness. 

Kerr,  C.  C.  P.,  2032. 


Deposition  once  taken  may  he  read  at  any  time. 
SEC.  515.    When  a  deposition  has  been  once  taken,  it  may  be  read  in 
any  stage  of  the  same  action  or  proceeding  by  either  party,  and  shall  then 
be  deemed  the  evidence  of  the  party  reading  it. 

Kerr,  C.  C.  P.,  2034. 

CHAPTER  57 
DEPOSITIONS  TAKEN   OUT  OF  THE  STATE 

5458.  Testimony  taken  out  of  state.  f>461.  Llm:     <  'mmuission,  what  to  authorize. 

.">••!  .->!).  Idem  —  How  taken  —  By  whom  taken.  5462.  Trial,   when   postponed  for   reason   of 
."M;H.  Interrogatories    may    be    prepared    or  nonreturn  of  commission. 

waived.  5463.  Deposition,  by  whom  used. 

5458.  Testimony  taken  out  of  state. 

SEC.  516.  The  testimony  of  a  witness  out  of  the  state  may  be  taken  by 
deposition  in  an  action  at  any  time  after  the  service  of  the  summons  or 
the  appearance  of  the  defendant,  and  in  a  special  proceeding,  at  any  time 
after  a  question  of  fact  has  arisen  therein. 

Kerr,  C.  C.  P.,  2020. 

5459.  Idem—  How  taken—  By  whom  taken. 

SEC.  517.  The  deposition  of  a  witness  out  of  this  state  shall  be  taken 
upon  commission  issued  from  the  court,  under  the  seal  of  the  court,  upon 
an  order  of  the  judge  or  court,  on  the  application  of  either  party,  upon 
five  days'  previous  notice  to  the  'other.  It  shall  be  issued  to  a  person  agreed 
upon  by  the  parties,  or,  if  they  do  not  agree,  to  any  judge,  justice  of  the 
peace  or  notary  public  selected  by  the  officer  granting  the  commission,  or 
to  a  commissioner  appointed  by  the  governor  of  this  state  to  take  affida- 
vits and  depositions  in  other  states  or  territories. 

Kerr,  C.  C.  P.,  2024. 

A     commission     to     take     a     deposition,  Where  the  parties  to  a  suit  agree  that  a 

authenticated  by  the  certificate  of  the  clerk  deposition  may  be  taken  at  a  certain  place, 

under  the  seal   of  the  court,  and  issued  in  before  T.,  a  notary  public  in  another  state, 

pursuance  of  a  former  order  of  the  court,  is  a  deposition  certified  by  T.,  made  under  his 

sufficient  authority  for  taking  the  testimony  official    seal    as   a    notary,   may   be   read   by 

of  a  witness.     Smith  v.  North  American  Co.,  either  party  without  other  proof  that  T.  was 

]   Xev.  423.  a    notary    when    the    deposition    was   taken. 

When  two  cases  are  pending  in  the  same  The   seal    was   prima   facie   evidence   of   his 

<-ourt,   between  the   same  parties,   a   deposi-  official  character.     Sargent  v.  Collins,  3  Nev. 

tion  may  be  taken  upon  one  notice,  affidavit  260,  268,  279. 

and  commission,  to   be  read  in   both   cases.  Where    it    was    objected   to    a    deposition 

S<-ott  v.  Bullion  M.  Co.,  2  Nev.  81,  83,  84.  taken   out   of  the   state  that  the   statement 

A   deposition  taken   in   one  case  may  be  that   the    deposition    was   read    over   to   the 

used  between  the  same  parties  in  another;  witness    before    signing    was    interlined    in 

so  a  deposition  entitled  in  two  cases  between  the  certificate,   it   was  held  that  the  inter- 

the    same    parties    may    be    used    in    either.  lineation   was   not   material,   as   the   statute 

did    not    prescribe    any    form    of    certificate 


Sec.  5460  CIVIL  PRACTICE  1602 

nor    require    any    matter    to    be    specifically  peace   at   W.,   in   the   county   of    C.,   in    the 

set  forth,  except  that  the  commissioner  had  province  of  N.  B.,"  is  a  concession  that  there 

administered  an  oath  and  taken  the  deposi-  was    such    person    occupying    such    official 

tion    in    answer    to    the    interrogatories,    or  position  at  the  place  mentioned  and  was  an 

when    the    examination    was    without    inter-  agreement    upon    that    person    to    take    the 

rogatories  in  respect  to  the  question  in  dis-  deposition.     Idem, 

pute.     Blackie  v.  Cooney,  8  Nev.  42,  47.  Depositions     will     not     be     rejected     for 

As    the    statute    provides    no    method    of  informality  in  the  certificate   of  the   officer 
identification  of  the  official  character  of  the  before     whom     they     are     taken,     when     it 
person    appointed    to    take    the    deposition,  appears  that  both  parties  were  present  and 
such   person,  whether  judge,  justice  of* the  the  witnesses  were  cross-examined.       Lock- 
peace,    or    commissioner,    becomes    for    the  hart  v.  Mackie,  2  Nev.  294. 
purpose   the   officer   of   the   court   issuing   a  A  stipulation  of  the  parties  to  a  suit  may 
commission,   and   his   certificate   of   his   own  dispense  with  any  certificate  by  the  officer 
character    must   be    deemed   to    show   prima  taking  depositions.     Idem, 
facie    that    he    is    the    person    designated.  It   is   too   late   to    raise    the    objection    in 
Idem.  the    supreme   court    for   the   first    time   that 

A     stipulation     that    certain     depositions  there   was   no   proof   of   the   absence   of   the 

"may  be  taken  before  F.,  a  justice   of  the  witnesses  whose  depositions  were  read.  Idem. 

5460.  Interrogatories  may  be  prepared  or  waived. 

SEC.  518.  Such  proper  interrogatories,  direct  and  cross,  as  the  respect- 
ive parties  may  prepare,  to  be  settled,  if  the  parties  disagree  as  to  their 
form,  by  the  judge  or  officer  granting  the  order  for  the  commission,  at  a 
day  fixed  in  the  order,  or  at  the  time  of  granting  the  order  for  commission, 
may  be  annexed  to  the  commission,  or  when  the  parties  agree  to  that  mode, 
the  examination  may  be  without  written  interrogatories. 

Kerr,  C.  C.  P.,  2025. 

See  Sargent  v.  Collins,  under  sec.  517  of  this  act. 

5461.  Idem— Commission,  what  to  authorize. 

SEC.  519.  The  commission  shall  authorize  the  commissioner  to  admin- 
ister an  oath  to  the  witness,  and  to  take  his  deposition  in  answer  to  the 
interrogatories,  or  when  the  examination  is  to  be  without  interrogatories 
in  respect  to  the  question  in  dispute,  and  to  certify  the  deposition  to  the 
court,  in  a  sealed  envelope  directed  to  the  clerk  or  other  person  designated 
or  agreed  upon,  and  forwarded  to  him  by  mail  or  other  usual  channel  of 
conveyance. 

Kerr,  C.  C.  P.,  2026. 

See  citations  under  sec.  517  of  this  act. 

5462.  Trial,  when  postponed  for  reason  of  nonreturn  of  commission. 
SEC.  520.    A  trial  or  other  proceeding  shall  not  be  postponed  by  reason 

of  a  commission  not  returned,  except  upon  evidence  satisfactory  to  the 
court  that  the  testimony  of  the  witness  is  necessary,  and  that  proper 
diligence  has  been  used  to  obtain  it. 

Kerr,  C.C.P.,2027. 

5463.  Deposition,  by  whom  used. 

SEC.  521.  The  deposition  mentioned  in  this  chapter  may  be  used  by 
either  party  on  the  trial  or  other  proceeding,  against  any  other  party 
giving  or  receiving  the  notice  subject  to  all  just  exceptions. 

Kerr,  C.  C.  P.,  2028. 

CHAPTER  58 
PERPETUATING  TESTIMONY 

5464.  Evidence  may  be  perpetuated.  .1470.  Idem — When  the  evidence  may  be  pro* 

5465.  Manner  of  application  for  order.  duced. 

5466.  Judge  to  designate  officer  to  take  tes-       5471.  Effect  of  deposition. 

timony — Return.  5472.  When     testimony     officially     reported 

5467.  Testimony  to  be  taken  before  judge.  used  on  subsequent  trial. 

5468.  Manner  of  taking  deposition.  5473.  When  'clerk  to  take  down  testimony. 
54.61).  Affidavit  prima  facie  proof. 


1603  CIVIL  PRACTICE  Sec.  5470 

5464.    Evidence  may  be  perpetuated. 

SEC.  522.  The  testimony  of  a.  witness  may  be  taken  and  perpetuated  as 
provided  in  this  chapter. 

K«>rr.  (\  C.  P.,  2083. 

5485.    Manner  of  application  for  order. 

SEC.  523.  The  applicant  shall  present  to  a  district  judge  a  petition 
verified  by  the  oath  of  the  applicant,  stating : 

1.  That  the  applicant  expects  to  be  a  party  to  an  action  in  a  court  in  this 
state,  and,  in  such  case,  the  name  or  names  of  the  person  or  persons 
whom  he  expects  will  be  adverse  parties ;  or, 

2.  That  the  proof  of  some  fact  or  facts  is  necessary  to  perfect  the  title  to 
property  in  which  he  is  interested,  or  to  establish  marriage,  descent,  heir- 
ship,  or  any  other  matter  which  it  may  hereafter  become  material  to 
establish,  though  no  suit  may  at  the  time  be  anticipated,  or,  if  anticipated, 
he  may  not  know  the  parties  to  such  suit ;  and, 

3.  The  name  of  the  witness  to  be  examined  and  his  place  of  residence, 
and  a  general  outline  of  the  facts  expected  to  be  proved. 

Kerr,C.C.  P., 2084. 

5166.    .Indue  to  designate  oflirer  to  take  testimony  — Return. 

SEC.  524.  The  judge  to  whom  such  petition  is  presented  shall  make 
an  order  allowing  the  examination  before  any  judge  of  a  court  of  record, 
and  prescribing  the  notice  to  be  given,  which  notice,  if  the  parties  are 
known  and  reside  in  this  state,  shall  be  personally  served  on  them,  and  if 
unknown,  or  nonresidents,  such  notice  shall  be  served  on  the  clerk  of  the 
county  where  the  property  to  be  affected  by  such  testimony  is  situated, 
and  a  copy  thereof  published  in  some  newspaper,  to  be  designated  by  the 
judge  making  the  order. 

Kn-r.  C.  (•.  r.,20M. 

5467.  Testimony  to  be  taken  before  judge. 

SEC.  525.  Upon  proof  of  the  service  of  the  notice  as  provided  in  the 
last  section,  it  shall  be  the  duty  of  the  judge  before  whom  the  testimony 
is  ordered  to  be  taken  to  proceed  to  take  the  testimony  of  the  witnesses 
named  in  said  petition,  upon  the  facts  therein  set  forth,  and  the  taking  of 
the  same  may  be  continued  from  time  to  time,  in  the  discretion  of  the 
judge. 

5468.  Manner  of  taking  deposition. 

SEC.  526.  The  examination  shall  be  by  question  and  answer,  unless  the 
parties  otherwise  agree.  The  testimony,  when  completed,  shall  be  care- 
fully read  to  and  subscribed  by  the  witness,  then  certified  by  the  judge, 
and  immediately  thereafter  filed  in  the  office  of  the  clerk  of  the  district 
court  of  the  county  where  it  was  taken,  together  with  the  order  for  the 
examination  of  the  witness,  the  petition  on  which  the  same  was  granted, 
and  the  proof  of  service  of  the  notice. 

»Kerr,  C.  C.  P.,  2086. 
5469.    Affidavit  prima  fade  proof. 
SEC.  527.     The  affidavits  or  other  proof  filed  with  the  testimony,   or 
certified  copies  thereof,  shall  be  prima  facie  evidence  of  the  facts  stated 
therein. 

Kerr,  C.C.P.,2087. 

5470.    Idem— When  the  evidence  may  be  produced. 

SEC.  528.  If  the  trial  be  had  between  the  persons  named  in  the  petition 
as  parties  expectant,  or  their  successors  in  interest,  or  between  any  parties 


Sec.  5471  CIVIL  PRACTICE  1604 

wherein  it  may  be  material  to  establish  the  facts  which  such  testimony 
proves  or  tends  to  prove,  upon  proof  of  the  death  or  insanity  of  the  wit- 
ness, or  of  his  inability  to  attend  the  trial  by  reason  of  age,  sickness,  or 
settled  infirmity,  the  testimony,  or  certified  copies  thereof,  may  be  used 
by  either  party,  subject  to  all  legal  objections.  But  if  the  parties  attend 
at  the  examination,  no  objection  to  the  form  of  an  interrogatory  shall  be 
made  at  the  trial  unless  the  same  was  stated  at  the  examination. 

Kerr,  C.  C.  P.,  2088. 

5471.  Effect  of  the  deposition. 

SEC.  529.  The  deposition  so  taken  and  r'ead  in  evidence  has  the  same 
effect  as  the  oral  testimony  of  the  witness,  and  no  other,  and  every  objec- 
tion to  the  witness,  or  to  the  relevancy  of  any  question  put  to  him,  or  of  any 
answer  given  by  him,  may  be  made  in  the  same  manner  as  if  he  were 
examined  orally  at  the  trial. 

Kerr,  C.  C.  P.,  2089. 

5472.  When  testimony  officially  reported  used  on  subsequent  trial. 
SEC.  530.    Whenever  in  any  court  of  record  the  testimony  of  any  witness 

in  any  case  shall  be  stenographically  reported  by  an  official  court  stenog- 
rapher, and  thereafter  said  witness  shall  die,  or  be  beyond  the  jurisdic- 
tion of  the  court  in  which  the  cause  is  pending,  either  party  to  the  record 
may  read  in  evidence  the  testimony  of  said  witness,  when  duly  certified  by 
the  stenographer  to  be  correct,  in  any  subsequent  trial  of,  or  proceeding 
had,  in  the  same  cause,  subject  only  to  the  same  objection  that  might  be 
made  if  said  witness  were  upon  the  stand  and  testifying  in  open  court. 

5473.  When  clerk  to  take  down  testimony. 

SEC.  531.  On  the  trial  of  an  action  in  a  court  of  record,  if  there  is  no 
court  stenographer  in  attendance,  the  court  may  require  the  clerk  to  take 
down  the  testimony  in  writing. 

CHAPTER  59 

COMMON  LAW— DEFINITIONS— DEFECTIVE  TITLES  TO  PAPERS— SUCCESSIVE 
AND  CONSOLIDATED  ACTIONS— ACTION  BETWEEN  SURETIES— CLERK'S 
REGISTER— SEAL— COMPUTATION  OF  TIME— OATH— GENERAL  PROVISIONS 
RELATING  TO  UNDERTAKINGS  AND  SURETIES— MAJORITY  OF  REFEREES 
AND  ARBITRATORS— ACTS  OF  JUDGE  AFTER  HIS  TERM  — LIEN  ON  BUL- 
LION—DEFERRED CLAIM  FOR  WAGES— ELISORS— LIEN  ON  ANIMALS. 

5474.  Common  law,  extent  of,  application  of. 

SEC.  532.  The  common  law  of  England,  so  far  as  it  is  not  repugnant  to, 
or  in  conflict  with  the  constitution  and  laws  of  the  United  States,  or  the 
constitution  and  laws  of  this  state,  shall  be  the  rule  of  decision  in  all  the 
courts  of  this  state. 

The  common  law  of  England,  as  modified  regards    their    authority    and    the    manner 

by   English    statutes,    adopted   prior   to   the  of  proceedings,   except  where  that  law  has 

time   of  the   declaration   of  American  inde-  been    modified    or    changed    by    legislation, 

pendence,  is  presumed  to  be  the  law  of  this  Burling  v.  Goodman,  1  Nev.  318. 
state,  so  far  as  it  is  applicable  to  our  con-  Whatever  is   a   crime  at  common  law  is 

ditions.     Hamilton     v.     Kneeland,     1     Nev.  punishable  under  our  statute.  State  v.  Sales, 

40,  55;    Clark  v.  Clark,  17  Nev.  124  (28  P.  2  Nev.  268. 

238) ;    State  ex  rel.  Donnelley  v.  Hamilton,  The  common  law  forbade  the  transfer  of 

33  Nev. —  (111  P.  1026).  any  disputed  title  or  right,  whether  relating 

The    common-law    rule,    that    a    condition  to  real   or  personal  property,  and  made  all 

cannot  be  reserved  to  any  but  the  grantor  such    transfers   utterly   void.     Stonecifer    v. 

or  his  heirs,  has  not  been  recognized  as  the  Y.  J.  S.  M.  Co.,  3  Nev.  47. 
law  in  this  country.     Hamilton  v.  Kneeland,  The  provisional  remedies  under  our  code 

1  Nev.  40,  55.  are  in  derogation  of  the  common  law,  and 

Courts  are  subject  to  the  mandates  and  the     statute     must     be     strictly     followed, 

provisions    of    the    common    law,    both    as  O'Neil  v.  N.  Y.  &  S.  P.  M.  Co.,  3  Nev.  142. 


1605 


CIVIL  PRACTICE 


Sec.  5475 


At  common  law  a  grand  juror  was  not 
pit-eluded  from  finding  an  indictment 
Because  he  was  either  a  witness  or  prose- 
cutor. State  v.  Millain,  3  Nev.  409. 

The  territorial  statute  adopting  the  com- 
mon law  was  adopted  by  the  state  constitu- 
tion  (ante,  386).  Van  Sickle  v.  Haines,  7 
Nev.  251,  285. 

Knglish  statutes  in  force  at  the  date  of 
the  declaration  of  American  independence 
;m<l  applicable  to  our  situation  are  a  part 
of  the  common  law.  Evans  v.  Cook,  11  Nev. 
69,  75. 

The  law  of  marriage  and  divorce,  as 
:i «lm mistered  by  the  ecclesiastical  courts,  is 
a  ] -art  of  the  common  law  of  this  country, 
except  as  it  has  been  altered  by  statute. 
V  uest  v.  Wuest,  17  Nev.  217  (30  P.  886). 

I'mler  the  common  law  an  information  In 
the  nature  of  quo  warranto  will  lie  only  for 
usurping  a  public  office,  and  is  never 
exercised  in  the  case  of  a  mere  agency  or 
employment  determinable  at  the  will  of  the 
employer.  State  ex  rel.  Ryan  v.  Cronan,  23 
Nev.  i;37  (49  P.  41). 

The  English  statute  declaring  lotteries 
to  l>«>  public  nuisances  constitutes  a  part  of 
The  common  law  of  the  United  States,  and 
was  so  understood  by  the  framers  of  our 
constitution.  Ex  Parte  Blanchard,  9  Nev. 
L01. 

The  term  ••common  law  of  England"  was 
emph.ved  in  the  sense  it  is  generally  under- 
stood, and  the  intention  of  the  legislature 
\\as  TO  adopt  only  so  much  of  it  as  was 
applicable  to  our  condition.  Reno  S.  M.  & 
If.  Works  v.  Stevenson,  20  Nev.  269,  276 
l'.»  A.  S.  364,  4  L.  R.  A.  60,  21  P.  317). 

The  common-law  doctrine  of  riparian 
rights  is  unsuited  to  the  condition  of  this 
st. -i  to.  Idem. 

It  was  a  principle  of  the  common  law 
That  a  right  of  action  could  not  be  trans- 
ferred by  him  who  had  the  right.  Gruber  v. 
Baker,  20  Nev.  468  (9  L.  R.  A.  302,  23  P. 

Forcible  entry  is  a  misdemeanor  under 
the  common  law.  Ex  Parte  Webb,  24  Nev. 
238  (51  P.  1027). 

Under  the  common  law,  in  all  cases  where 
a  juro*  is  discharged  during  the  progress  of 
the  trial  from  any  cause  of  necessity,  the 


balance  of  the  jurors  must  be  discharged, 
or  rather,  the  discharge  of  the  one  by  the 
court  operates  to  the  discharge  of  all  the 
balance,  but  the  balance  may  be  immedi- 
ately recalled  into  the  jury  box  and  their 
examination  be  entered  into  as  originally 
upon  their  voir  dire,  if  either  party  so 
desires,  and  the  respective  parties  may  have 
their  challenges  over.  State  v.  Vaughan, 
23  Nev.  112  (43  P.  193). 

A  common-law  marriage  by  contract  per- 
verba  de  praesenti  is  valid.  State  v.  Zich- 
feld,  23  Nev.  308  (62  A.  S.  800,  34  L.  R.  A. 
784,  46  P.  802). 

The  affidavits  of  jurors  to  impeach  their 
verdict  were  inadmissible  under  the  com- 
mon law.  So.  Nev.  M.  Co.  v.  Holmes  M.  Co., 
27  Nev.  151  (103  A.  S.  759,  73  P.  759). 

The  rule  of  the  common  law  requiring 
that  an  indictment  be  found  in  the  county 
\\hero  the  crime^  was  committed  prevails  in 
this  state,  and  while  the  crime  of  larceny 
is  an  exception  to  the  rule,  in  the  absence 
of  statute  the  venue  of  the  crime  of  receiv- 
ing stolen  goods  is  in  the  county  where  they 
are  received,  and  not  in  the  county  where 
they  are  stolen,  nor  the  one  to  which  they 
are  subsequently  taken.  State  v.  Pray,  30 
Nev.  207,  221  (94  P.  218). 

Under  the  common  law  as  to  gaming 
obligations,  as  modified  by  St.  9  Anne,  c.  14, 
as  found  in  4  Bac.  Abr.  456,  making  all  bills 
securities,  etc.,  given  for  money  advanced 
during  gaming  or  playing  cards,  etc.,  to  any 
person  playing,  void,  a  transfer  of  a  cer- 
tificate of  deposit,  indorsed  during  a  game 
of  chance,  to  enable  the  indorser  to  secure 
funds  to  continue  the  game,  was  void,  so 
that  the  transferee  acquired  no  title,  and 
could  not  recover  thereon  as  against  the 
indorser.  Burke  v.  Buck,  31  Nev.  74,  79,  22 
L.  R.  A.  (N.  S.)  627,  99  P.  1078. 

Under  the  common-law  rule  allowing  a 
nonresident  to  act  as  administrator  and 
under  this  section,  letters  of  administration 
may  be  granted  to  a  nonresident.  In  re 
Bailey's  Etsate,  31  Nev.  377  (103  P.  232, 
234). 

At  common  law,  a  citizen  could  be 
required  to  perform  the  duties  of  an  officer. 
State  ex  rel.  Donnelley  v.  Hamilton,  33  Nev. 
—  (Ill  P.  1026). 


5475.    Words  and  terms  defined. 

SEC.  533.  Words  used  in  this  act  in  the  present  tense  include  the  future 
as  well  as  the  present;  words  used  in  the  masculine  gender  include  the 
feminine  and  neuter;  the  singular  number  includes  the  plural,  and  the 
plural  the  singular;  the  word  "person"  includes  a  company,  partnership, 
association  or  corporation  as  well  as  a  natural  person;  writing  includes 
printing  and  typewriting;  oath  includes  affirmation  or  declaration;  and 
every  mode  of  oral  statement,  under  oath  or  affirmation,  is  embraced  by 
the  term  "testify,"  and  every  written  one  in  the  term  "depose";  sig- 
nature or  subscription  includes  mark,  when  the  person  cannot  write,  his 
name  being  written  near  it  by  a  person  who  writes  his  own  name  as  a 
witness;  provided,  that  when  a  signature  is  by  mark  it  must,  in  order 
that  the  same  may  be  acknowledged  or  may  serve  as  the  signature  to  any 
sworn  statement,  be  witnessed  by  two  persons  who  must  subscribe  their 


See.  5476  CIVIL  PRACTICE  1606 

own  names  as  witnesses  thereto.  The  following  words  have  in  this  act 
the  signification  attached  to  them  in  this  section,  unless  otherwise  apparent 
from  the  context : 

1.  The  word  "property"  includes  both  real  and  personal  property. 

2.  The  words  "real  property"  are  coextensive  with  lands,  tenements, 
and  hereditaments. 

3.  The  words  "personal  property"  include  money,  goods,  chattels,  things 
in  action,  and  evidences  of  debt. 

4.  The    word    "month"    means    a    calendar    month,    unless    otherwise 
expressed. 

5.  The  word  "will"  includes  codicil. 

6.  The  word  "writ"  signifies  an  order  or  precept  in  writing,  issued  in 
the  name  of  the  state,  or  of  a  court  or  judicial  officer;    and  the  word 
"process"  a  writ  or  summons  issued  in  the  course  of  judicial  proceedings. 

7.  The  word  "state,"  when  applied  to  the  different  parts  of  the  United 
States,  includes  the  District  of  Columbia  and  the  territories;    and  the 
words  "United  States"  may  include  the  District  of  Columbia  and  territories 
or  insular  possessions. 

8.  The  word  "section"  whenever  hereinafter  employed,  refers  to  a  sec- 
tion of  this  act,  unless  some  other  act  or  statute  is  expressly  mentioned. 

9.  The  word  "affinity"  when  applied  to  the  marriage  relation,  signifies 
the  connection  existing  in  consequence  of  marriage,  between  each  of  the 
married  persons  and  the  blood  relatives  of  the  other. 

Kerr,  C.C.P.,17. 

5476.  Papers  without  title  or  with  defective  title,  when  valid. 

SEC.  534.  An  affidavit,  notice,  or  other  paper,  without  the  title  of  the 
action  or  proceeding  in  which  it  is  made,  or  with  a  defective  title,  shall  be 
as  valid  and  effectual  for  any  purpose  as  if  duly  entitled,  if  it  intelligibly 
refer  to  such  action  or  proceeding. 

Kerr,  C.  C.  P.,  1046. 

The    affidavits    used    on    motions    to    set  was  immaterial.     State  v.  Con.  Va.  M.  Co., 

aside  a  default  were  simply  entitled  "State  13  Nev.  195,  202. 

of    Nevada,    Storey    County."     It   was   held  Cited,  Mayberry  v.  Bowker,  14  Nev.  336, 

that,  inasmuch  as  the  affidavits  intelligibly  341;    State  ex  rel.  Office  S.  M.  Co.  v.  Curler, 

referred  to  the  respective  actions,  the  fact  26  Nev.  353  (67  P.  1075). 
that  they  were  not  properly  entitled  therein, 

5477.  Successive  actions  on  same  contract. 

SEC.  535.  Successive  actions  may  be  maintained  upon  the  same  con- 
tract or  transaction,  whenever  after  the  former  action,  a  new  cause  of 
action  arises  therefrom. 

Kerr,  C.C.P.,1047. 

5478.  Actions  may  be  consolidated. 

SEC.  536.  Whenever  two  or  more  actions  are  pending  at  one  time 
between  the  same  parties,  and  in  the  same  court,  upon  causes  of  action 
which  might  have  been  joined,  the  court  may  order  the  actions  to  be 
consolidated. 

Kerr,  C.  C.  P.,  1048. 

5479.  Actions  to  determine  adverse  claims  and  by  sureties. 

SEC.  537.  An  action  may  be  brought  by  one  or  more  persons  against 
any  other  person  or  persons  for  the  purpose  of  determining  an  adverse 
claim  which  the  latter  makes  against  the  former,  for  money  or  property, 
upon  an  alleged  obligation  or  liability  of  any  nature  or  kind,  or  upon  any 
claim  for  an  accounting,  or  for  any  other  legal  or  equitable  relief,  and  also 
against  any  two  or  more  persons  for  the  purpose  of  compelling  one  to 
satisfy  a  debt  due  to  the  other,  for  which  plaintiff  is  bound  as  surety  or 


CIVIL  PRACTICE  Sec.  5485 

lerwise.     The  word  "person"  in  this  section  shall  be  deemed  to  include 
;ificial  as  well  as  natural  persons. 
Kerr,  C.  C.  P.,  1050. 

5480.  Register  of  actions  to  be  kept  by  clerk. 

SEC.  538.  The  clerk  shall  keep  among  the  records  of  the  court  a  register 
of  actions.  He  shall  enter  therein  the  title  of  the  action,  with  brief  notes 
under  it,  from  time  to  time,  of  all  papers  filed  and  proceedings  had  therein. 

Kerr,  C.  C.  I'.,  lOoi'. 

5481.  Seal,  how  affixed. 

SEC.  539.  A  seal  of  a  court  -or  public  office,  when  required  to  any 
writ  or  process,  or  proceeding,  or  to  authenticate  a  copy  of  any  record  or 
document,  may  be  impressed  with  wax,  wafer,  or  any  other  substance,  and 
then  attached  to  the  writ,  process  or  proceeding,  or  to  the  copy  of  the 
record  or  document,  or  it  may  be  impressed  on  the  paper  alone. 

K.'IT.  C.  C.    P., 


Time,  how  computed. 
SEC.  540.  The  time  in  which  any  act  is  to  be  done,  as  provided  in  this 
act,  shall  be  computed  by  excluding  the  first  day  and  including  the  last. 
If  the  last  day  be  Sunday,  or  other  non  judicial  day,  it  shall  be  excluded. 
If  the  last  day  be  a  nonjudicial  day  and  be  directly  followed  by  one  or 
more  nonjudicial  days,  they  also  shall  be  excluded. 

K.-rr.  ('.('.  P.,  ll'. 

When'  ,-i  judgment  was  rendered  on  Sat-  party  could  file  his  cost  bill,  expired  on 
in  (lav.  tin-  time  within  which  the  successful  Monday.  McCafferty  v.  Flinn,  32  Nev.  269 

(107  P.  225). 

5488.    \Vlio  imi.v  administer  oath. 

SEC.  541.  Every  court  of  this  state,  every  justice,  judge  or  clerk  of 
any  court,  every  justice  of  the  peace,  and  every  notary  public,  and  every 
officer  authorized  to  take  testimony,  or  to  decide  upon  the  evidence  in 
any  proceeding,  shall  have  power  to  administer  oaths  or  affirmations. 

Kerr,C.C.P.,2093. 

Cited,  Gillig  v.  Ind.  G.  &  8.  M.C<>.,1  NYv.  250. 

5484.  Undertaking  of  sureties  generally,  what  affidavit  required. 

SEC.  542.  In  all  cases  where  an  undertaking  with  sureties  is  required 
by  the  provisions  of  this  act,  the  judge,  justice,  or  clerk,  or  other  officer 
taking  the  same,  shall,  unless  it  is  otherwise  provided  in  this  act,  require 
the  sureties  to  accompany  the  same  with  an  affidavit  that  they  are  each 
worth  the  sum  specified  in  the  undertaking,  over  and  above  all  their  just 
debts  and  liabilities,  exclusive  of  property  exempt  from  execution;  pro- 
vided, that  when  the  amount  specified  in  an  undertaking  exceeds  three 
thousand  dollars,  and  there  are  more  than  two  sureties  thereon,  they  may 
state  in  their  affidavits  that  they  are  severally  worth  amounts  less  than 
that  expressed  in  the  undertaking,  if  the  whole  amount  be  equivalent  to 
that  of  two  sufficient  sureties. 

Kerr,  C.  C.  P.,  1057. 

5485.  Justification  of  sureties,  generally. 

SEC.  543.  In  all  cases  not  otherwise  provided  for  in  this  act,  where 
sureties  are  required  to  justify,  they  shall  appear  before  the  officer  or 
person  authorized  to  take  the  justification,  and  may  be  examined  under 
oath  by  such  officer  or  person  and  the  adverse  party,  touching  their  quali- 
fications as  sureties,  which  examination  shall  be  reduced  to  writing  and 
subscribed  by  the  sureties  if  required.  If,  upon  such  examination,  it  shall 
appear  to  such  officer  or  person  that  said  sureties,  or  either  of  them,  have 


Sec.  5486  CIVIL  PRACTICE  1608 

the  necessary  qualifications  of  such,  he  shall  so  indorse  upon  the  state- 
ment, and  cause  the  same  to  be  filed,  and  thereupon  the  justification  shall 
be  complete. 

5486.  Surety,  bonding  company  or  cash  may  be  accepted  in  place  of  per- 

sonal sureties. 

SEC.  544.  In  all  cases  where  a  bond  or  undertaking  is  required  by  the 
provisions  of  this  act,  the  party  required  to  give  such  bond  or  undertaking 
may  furnish  such  bond  or  undertaking  with  a  surety  or  bonding  company, 
authorized  to  do  business  under  the  laws  of  this  state  and  to  furnish  such 
bonds  or  undertakings,  to  be  approved  by  the  court  or  judge,  in  lieu  of 
personal  sureties.  A  party  may,  also,  in  lieu  of  a  bond  or  undertaking 
required  by  this  act,  deposit  with  the  court  or  clerk  thereof,  cash  in  the 
amount  of  the  bond  or  undertaking  required. 

Regarding  bonds  and  undertakings  by  surety  companies,  see  sees.  695-701. 
Surety  company,  sees.  698-699. 

5487.  Actions  by  or  against  state,  county,  city,  town  or  officer  thereof  in 

official  capacity,  undertaking  not  required. 

SEC.  545.  In  any  action  or  proceeding  before  any  court  or  other  tribu- 
nal in  this  state,  wherein  the  State  of  Nevada  or  any  county,  city  or 
town  of  this  state,  or  any  officer  thereof  in  his  official  capacity,  is  a  party 
plaintiff  or  defendant,  no  bond,  undertaking  or  security  shall  be  required 
of  the  state,  county,  city  or  town,  or  such  officer  in  his  official  capacity,  but 
on  complying  with  the  other  provisions  of  law  the  state,  county,  city  or 
town,  or,  officer  thereof,  acting  as  aforesaid,  shall  have  the  same  rights, 
remedies  and  benefits  as  though  such  bond,  undertaking  or  security  were 
given  and  approved  as  required  by  law;  provided,  however,  that  the  pro- 
visions of  this  section  shall  only  apply  where  such  action  or  proceeding  is 
prosecuted  or  defended  in  the  name  of  the  state,  county,  city,  town  or 
officer  thereof  for  the  public  benefit,  and  shall  not  be  applicable  where 
such  action  or  proceeding  is  so  prosecuted  or  defended  for  the  benefit  of  a 
private  individual  or  for  the  enforcement  or  protection  of  a  private  right. 

5488.  Two  of  three  .referees  or  arbitrators  may  act. 

SEC.  546.  When  there  are  three  referees,  or  three  arbitrators,  all  shall 
meet,  but  two  of  them  may  do  any  act  which  might  be  done  by  all. 

Kerr,  C.C.P.,1053. 

5489.  Judge  may  perform  certain  acts  after  term  expires. 

SEC.  547.  It  shall  be  lawful  for  any  district  judge  of  this  state  at  any 
time  within  twelve  months  after  the  expiration  of  his  term  of  office,  or 
within  twelve  months  after  he  shall,  from  any  cause,  have  ceased  to 
exercise  the  duties  of  such  office,  to  sign  any  records  of  his  court  that 
he  may  have"  left  unsigned  at  the  time  of  going  out  of  office;  also 
to  sign  and  settle  bills  of  exception,  subject  to  the  same  regulations  and 
restrictions  that  now  are  or  hereafter  may  be  prescribed  by  law.  All 
judges  about  to  retire  from  office  by  reason  of  resignation  or  the  expira- 
tion of  their  term  shall  before  such  retirement,  decide  all  cases  and 
matters  submitted  to  them  and  remaining  undetermined,  and  such  decision 
or  decisions  shall  be  entered  in  the  minutes  of  the  court,  and  thereafter  at 
any  time  within  sixty  days  such  judge  may  sign  the  findings  and  decree 
in  all  cases  so  decided  and  such  findings  and  decree  so  made,  signed  and 
filed  shall  be  valid  for  all  purposes  as  if  made,  signed  and  filed  prior  to 
the  retirement  from  office  of  the  judge  making  the  same. 

5490.  Idem— Legal  effect  of  such  acts. 

SEC.  548.    Said  records,  when  thus  signed,  and  such  bills  of  exceptions, 


1609  CIVIL  PRACTICE  Sec.  5494 

when  thus  settled,  shall  have  the  same  legal  force  and  effect  that  they 
would  be  entitled  to  had  they  been  signed  or  settled  by  the  judge  while  in 
the  exercise  of  his  office. 

5491.  Idem— Power  outgoing  judge  not  to  abridge  rights  of  successor. 
SEC.  549.    The  foregoing  section  shall  not  be  deemed  to  take  from  the 

successors  of  any  district  judge  the  power  to  sign  any  record,  or  to  sign 
and  settle  any  bill  of  exceptions,  as  heretofore  authorized  by  law. 

5492.  Parties  selling  ore  to  reduction  works  have  preferred  lien. 

SEC.  550.  Where  ore  is  delivered  to  a  custom  mill  or  reduction  works, 
and  either  sold  to  said  mill  or  reduction  works,  or  worked  at  a  percentage, 
the  party  or  parties  so  furnishing  ore  to  mill  or  reduction  works  shall 
have  a  preferred  lien  upon  the  bullion  product,  and  upon  the  ore  not 
reduced  as  against  attachment  and  other  creditors. 

5493.  Wages  preferred  claim,  when. 

SEC.  551.  That  in  all  assignments  of  property,  whether  real  or  per- 
sonal, which  shall  hereafter  be  made  by  any  person  or  chartered  company 
or  corporation,  or  by  any  person  or  persons,  owning  or  leasing  real  or 
personal  property,  to  trustees  or  assignees  on  account  of  inability  at 
the  time  of  the  assignment  to  pay  his,  her,  or  their  debts,  the  wages  of 
the  miners,  mechanics,  salesmen,  servants,  clerks,  or  laborers,  employed 
by  such  person  or  persons,  or  chartered  company  or  corporation,  shall  be 
held  and  deemed  preferred  claims,  and  paid  by  such  trustees  or  assignees, 
before  any  other  creditor  or  creditors  of  the  assignor;  provided,  that  the 
claims  of  each  miner,  mechanic,  salesman,  servant,  clerk,  or  laborer  thus 
preferred,  shall  not  exceed  in  value  two  hundred  dollars  of  gold  coin  of 
the  United  States,  and  the  services  shall  have  been  rendered  or  labor  per- 
formed within  ninety  days  next  preceding  said  assignment. 

Krrr,  C.  0.  P.,  1204. 

Regarding  wages  as  preferred  claims  against  estates  of  deceased  persons,  see  sec.  (>145. 
Notice    of    the    laborer's    claim    must    be      to    the    sheriff.     (Hawley,    J.,    dissenting.) 
jriv»Mi  to  the  debtor  and  creditor  as  well  as       Coscia  v.  Kyle,  15  Nev.  394-397. 

Cited,  Luigi  v.  Luchesi,  12  Nev.  308. 

5494.  Idem— In  cases  of  attachments— Notice— If  claim  disputed— Action 

thereon— Claims  preferred. 

SEC.  552.  In  all  cases  of  execution,  attachments  and  writs  of  a  similar 
nature  against  the  property  of  any  person  or  persons,  or  chartered  com- 
pany or  corporation,  it  shall  be  lawful  for  such  miner,  mechanic,  salesman, 
servant,  clerk  and  laborer  to  give  notice  of  their  claim  or  claims,  and  the 
amount  thereof,  duly  certified  and  sworn  to  by  the  creditor  or  creditors 
making  the  claim  to  the  officer  executing  either  of  such  writs,  at  any  time 
before  the  actual  sale  of  property  levied  upon;  the  creditor  or  creditors 
making  the  claim  shall  at  the  same  time  give  notice  in  writing  to  the 
creditor  or  creditors  at  whose  instance  the  property  has  been  levied  upon, 
or  his  or  their  attorney,  of  their  said  claim  or  claims,  and  the  amount 
thereof  duly  certified  and  sworn  to  by  such  claimant  or  claimants ;  a  copy 
of  said  notice  shall  also  be  served  upon  the  debtor,  if  he  be  found  within 
the  county  where  the  property  levied  upon  is  situated;  provided,  that  if 
the  debtor  cannot  be  found  within  the  county  where  the  property  levied 
upon  is  situated,  then  said  notice  may  be  served  upon  the  officer  executing 
either  of  such  writs  in  lieu  of  said  debtor.  Upon  the  filing  in  the  court 
where  the  action  or  actions  against  the  debtor  is,  or  are  pending,  of  an 
affidavit  of  the  claimant  or  claimants,  showing  his  or  their  compliance 
with  the  foregoing  provisions  of  this  section,  the  officer  executing  either 
of  said  writs  shall  pay  to  such  miners,  mechanics,  salesmen,  servants, 
clerks  or  laborers,  out  of  the  proceeds  of  the  sale,  the  amount  each  is  justly 


Sec.  5495  CIVIL  PRACTICE  1610 

and  legally  entitled  to  receive  for  services  rendered,  within  ninety  days 
next  preceding  the  levy  of  the  writ  of  execution,  attachment,  or  other  writ, 
not  exceeding  two  hundred  dollars  in  gold  coin  of  the  United  States; 
provided,  that  either  the  creditor  or  debtor  may  dispute  the  claim  of  any 
person  seeking  and  claiming  preference  under  this  section,  and  in  such 
case  the  party  or  parties  disputing  such  claim  shall  serve  a  written  notice 
that  they  dispute  such  claim  upon  the  claimant  or  claimants,  and  upon 
the  officer  executing  such  writs,  within  five  days  from  the  time  of  service 
upon  such  creditor  or  debtor  of  the  notice  of  the  claim  by  the  claimant 
seeking  preference,  as  hereinbefore  provided  for.  Within  ten  days  from 
the  time  of  the  service  last  provided  for,  the  claimant  or  claimants  shall 
commence  an  action  in  any  court  of  competent  jurisdiction  against  the 
debtor,  and  the  person  or  persons  disputing  his  or  their  claim,  or  claims, 
for  the  recovery  thereof,  and  shall  prosecute  such  action  with  due  dili- 
gence, or  be  forever  barred  from  any  claim  of  priority  payment  thereof; 
but  in  case  action  is  rendered  necessary  by  the  act  as  aforesaid,  by  either 
debtor  or  creditor,  and  judgment  shall  be  had  for  said  claim,  or  any  part 
thereof,  carrying  costs,  the  costs  attending  the  prosecution  of  said  action, 
and  legally  taxable  therein,  shall  likewise  be  a  preferred  claim  with  the  same 
rank  as  the  original  claim ;  and,  provided  further,  if  the  amount  of  assets, 
after  deducting  costs  of  levy  and  sale,  shall  not  be  adequate  to  the  payment 
of  all  the  preferred  claims  of  this  class,  they  shall  be  paid  pro  rata  out  of 
the  money  hereby  made  applicable  thereto;  and,  provided  further,  that 
nothing  in  this  act  contained  shall  be  construed  to  affect  any  homestead 
claims,  mortgage,  or  lien  of  any  description,  created  and  existing  before 
the  claim  of  such  laborer  accrued. 

Kerr,  C.  O.  P.,  1206. 

The   action   upon   the   claim,   if   disputed,  additional     action     to     recover     the     same, 

must   be   commenced  within   ten   days  after  Idem. 

presentation  of  the  claim  to  the  officer  who  Service    of    notices    and    the    filing    of    a 

levied    the   writ.      Coscia    v.    Kyle,    15    Nev.  preferred  claim  is  in  the  nature  of  a  peti- 

396-400.  tion     in    intervention,    and,    if    either    the 

This    statute    is    constitutional    and    does  debtor  or  the  creditor  serve  written  objec- 

not  deprive  a  person  of  his  property  with-  tions    thereto,    it    becomes   the    duty   of   the 

out     due     process     of     law.      Alexander     v.  claimant,  within  ten  days,  to  commence  an 

Archer,  21  Nev.  22,  27  (24  P.  373).  action  in  a  court  of  competent  jurisdiction 

When    the    claimant    complies    with    the  to  establish  his  claim.     Idem, 

law,   and   his   claim   has   not   been    disputed  If  the  claim  is  not  disputed  within  five 

within    five    days,    it    becomes    the    duty    of  days    and    the    sheriff   fails    to    pay    it,    the 

the  officer  selling  the  property  and  receiving  justice    has    jurisdiction    to    enter    an    order 

the  money  to  pay  the  claim,  and  he  is  liable  requiring    the     sheriff     to     pay    the     claim, 

to  the  claimant  for  the  amount  without  an  (Belknap,  J.,  dissenting.)     Idem. 

5495.  Elisors,  when  may  be  appointed— Must  give  bond,  when. 

SEC.  553.  Process  and  orders,  in  an  action  or  proceeding,  may  be 
executed  in  any  county  in  this  state  by  a  person  designated  by  the  court, 
or  the  judge  thereof,  of  the  county  in  which  the  action  or  proceeding  is 
pending,  and  denominated  an  elisor,  in  the  following  cases : 

1.  When  the  sheriff  is  a  party. 

2.  When  there  is  a  vacancy  in  the  office  of  sheriff. 

3.  When  it  shall  be  made  to  appear,  by  affidavit,  to  the  satisfaction  of 
the  court  in  which  the  suit  or  proceeding  is  pending,  or  the  judge  thereof, 
that  the  sheriff,  by  reason  of  any  bias,  prejudice,  or  other  cause,  would 
not  act  promptly  or  impartially;  provided,  said  court  or  judge  may  require 
such  person  so  appointed  to  give  a  bond,  with  sufficient  security,  in  such 
amount  and  with  such  condition,  to  the  person  to  be  served,  as  the  court  or 
judge  may  deem  necessary  to  secure  the  rights  of  the  party. 

5496.  Process,  how  executed  by  elisor. 

SEC.  554.    When  process  is  delivered  to  an  elisor,  he  shall  execute  it  in 


1611  CIVIL  PRACTICE  Sec.  5500 

the  same  manner  as  the  sheriff  is  required  to  execute  similar  process  in 
other  cases. 

5497.    Sheriff,  when  arrested,  how  confined. 

SEC.  555.  If  the  sheriff,  on  being  arrested  by  an  elisor,  or  if  another, 
on  being  arrested  in  an  action  in  which  the  sheriff  is  a  party,  upon  an 
order  of  arrest,  in  a  civil  action,  neglect  to  give  bail  or  make  a  deposit  of 
money  instead  thereof,  or  if  he  be  arrested  on  execution  against  his  body, 
or  on  a  warrant  of  attachment,  he  shall  be  confined  in  a  house  other  than 
the  house  of  the  sheriff  or  the  county  jail,  in  the  same  manner  as  the 
sheriff  is  required  to  confine  a  prisoner  in  the  county  jail;  the  house  in 
which  he  is  thus  confined  shall  thereupon  become,  for  that  purpose,  the 
county  jail. 

541)8.     Powers  and  duties  of  elisors—  Fees. 

SEC.  556.  An  elisor,  appointed  to  execute  process  and  orders  in  the 
cases  mentioned  in  this  act,  shall  be  invested  with  the  powers,  duties,  and 
responsibilities  of  the  sheriff,  in  the  execution  of  such  process  or  orders, 
and  in  every  matter  incidental  thereto  and  shall  be  entitled  to  the  same 
fees  as  a  sheriff  would  be  entitled  to  for  like  services. 


Lien  upon  animals—  Sales—  Fees. 
SEC.  557.  Any  ranchman,  or  other  person  or  persons,  keeping  corrals, 
livery  or  feed  stables,  or  furnishing  hay,  grain,  pasture,  or  otherwise 
boarding  any  horse  or  horses,  mule  or  mules,  ox  or  oxen,  or  other  animal 
or  animals,  shall  have  a  lien  upon  and  retain  possession  of  the  same,  or  a 
sufficient  number  thereof,  until  all  reasonable  charges  are  paid;  or  suit 
can  be  brought  and  judgment  obtained  for  the  amount  of  such  charges, 
and  execution  issued  and  levied  on  said  property  ;  provided,  nothing  herein 
shall  be  so  construed  as  to  include  any  debt  other  than  for  the  boarding, 
keeping,  or  pasture  of  such  animal  or  animals,  together  with  costs  of  suit 
and  sale.  Sales  of  such  animal  or  animals  shall  be  made  as  other  sales  of 
personal  property  under  execution.  The  officer  making  such  sale  shall 
be  entitled  to  such  fees  for  his  services  as  are  allowed  by  law  in  cases  of 
other  sales  of  personal  property. 

Kerr,  C.  C.  P.,  1208. 

Where  -,\  stable  keeper  boarded  a  team  of  The  fixing  of  a  future  time  for  payment 

IMII-CS,   but   allowed   them   every   day   to   be  for    the    keeping    or    boarding    of    animals, 

«  I  riven   away  to  work,  and  on   one  occasion  such   as   an   agreement   to   pay   on   the   first 

after   being   so   driven  away  they  were  not  of    each    month,    destroys    the    lien    contem- 

retuvned,  it  was  held  that,  though  he  might  plated  by  this  section.     Idem. 
have  retained  possession  of  the  horses,  and  The  statutory  lien  for  keeping  animals  is 

insisted   upon   his   lien,  yet   having   allowed  lost  when  possession  is  parted  with.     Estey 

them    to    be    driven    away,    he    relinquished  v.  Cooke,  12  Nev.  276,  280. 

Mon    and    thereby    lost    his    right    of 
lieu.     Cardinal  v.  Edwards,  5  Nev.  37. 

•V>00.    Idem—  Sale  of  animals,  owner  to  he  paid  surplus,  when. 

SEC.  558.  After  paying  all  charges,  together  with  costs  of  suit  and 
sale,  the  remainder,  if  there  be  any,  shall  be  paid  to  the  owner  or  owners 
of  such  animal  or  animals,  or,  in  case  such  owner  or  owners  is  or  are  out 
of  the  state,  or  cannot  be  found,  to  the  justice  of  the  peace  before  whom, 
or  the  clerk  of  the  court  in  which,  judgment  is  rendered.  If  said  money 
is  not  called  for  by  the  owner  or  owners  thereof  within  six  months,  said 
justice  or  clerk  shall  pay  the  same  to  the  county  treasurer  of  his  county 
for  school  purposes. 

Kerr,  C.C.P.,1208. 

See  citations  under  sec.  557. 


Sec.  5501  CIVIL  PRACTICE  1612 

CHAPTER  60 

FORECLOSURE   OF    MORTGAGES 

5501.    Judgment  for  amount  due— Sale  ordered— Land  in  two  counties- 
Execution  issued— Judgment  for  deficiency— Lien. 

SEC.  559.  There  shall  be  but  one  action  for  the  recovery  of  any  debt, 
or  for  the  enforcement  of  any  right  secured  by  mortgage  or  lien  upon  real 
estate,  or  personal  property,  which  action  shall  be  in  accordance  with  the 
provisions  of  this  chapter.  In  such  action,  the  judgment  shall  be  rendered 
for  the  amount  found  due  the  plaintiff,  and  the  court  shall  have  power,  by 
its  decree  or  judgment,  to  direct  a  sale  of  the  encumbered  property,  or  such 
part  thereof  as  shall  be  necessary,  and  apply  the  proceeds  of  the  sale  to  the 
payment  of  the  costs  and  expenses  of  the  sale,  the  costs  of  the  suit,  and 
the  amount  due  to  the  plaintiff.  If  the  land  mortgaged  consists  of  a  single 
parcel,  or  two  or  more  contiguous  parcels,  situated  in  two  or  more  counties, 
the  court  may,  in  its  judgment,  direct  the  whole  thereof  to  be  sold  in  one 
of  such  counties  by  the  sheriff,  and  upon  such  proceedings,  and  with  like 
effect,  as  if  the  whole  of  the  property  were  situated  in  that  county.  If  it 
shall  appear  from  the  sheriff's  return  that  there  is  a  deficiency  of  such 
proceeds  and  balance  still  due  to  the  plaintiff,  the  judgment  shall  then  be 
docketed  for  such  balance  against  the  defendant  or  defendants  personally 
liable  for  the  debts,  and  shall,  from  the  time  of  such  docketing,  be  a  lien 
upon  the  real  estate  of  the  judgment  debtor,  and  an  execution  may  there- 
upon be  issued  by  the  clerk  of  the  court,  in  like  manner  and  form  as  upon 
other  judgments,  to  collect  such  balance  or  deficiency  from  the  property 
of  the  judgment  debtor. 

Kerr,  C.C.P.,726. 

Complaint  to  include  affidavit  of  taxes  paid,  sec.  3756. 

Sale  of  corporate  franchise,  sec.  1152. 

The   mortgageor    may   contract   to   pay   a  gagee  of  any  portion  of  the  relief  which  is 

counsel   fee   for   the   expense   for    enforcing  usually   granted   in   foreclosure   suits   where 

the  lien  on  the  property  mortgaged  in  case  the  sale  of  the  property  is  sought.     Idem, 

legal    proceedings    have    to    be    taken,    and  Receivers  will  be  appointed  in  foreclosure 

such  contract  will  be  enforced  to  the  extent  suits  where  it  is  necessary  to  prevent  fraud, 

of  allowing  a  reasonable  counsel   fee.    .The  injustice  or  loss  of  security.     Idem, 

courts  will  believe  that  to  be  reasonable  for  This  section  does  not  deprive  a  mortgagee 

which  the  parties  themselves  contract,  unless  of    personal    property    of    his    right    to    sell 

it    be    extravagantly    large    and    apparently  without  action.     Bryant  v.  Carson  R.  L.  Co., 

so   made   as   to   hold   in   terrorem    over   the  3  Nev.  313,  318,  319  (93  A.  D.  403  j. 

mortgageor.     Cox  v.  Smith,  1  Nev.  161,  172.  In   a   suit   to   foreclose   a   mortgage   there 

A  court  of  chancery  may  allow  the  mort-  may   be   a    good    common-law   judgment    for 

gagee  a  percentage  for  the  expense  of  col-  the  debt  which  cannot  be  enforced  until  the 

lecting   his   mortgage   when   the   instrument  equitable    remedy    against    the    mortgaged 

provides    for    such    allowance.     McLane    v.  property  is  exhausted.     Weil  v.  Howard,  4 

Abrams,  2  Nev.  200.  Nev.  384,  390-392. 

The  allowance  fora  foreclosure  suit  should  This    section    limits    the    lien    of    a    fore- 

not  always  be  the  full  amount  mentioned  in  closure    judgment    or    decree,    whatever    its 

the  mortgage,  but  a  reasonable  amount  not  form,  to  the  mortgaged  property  until  it  is 

exceeding  that  provided  for.     Idem.  exhausted;    and  there   can   be   no   judgment 

The  stipulation  as  to  the  amount  of  judg-  lien  upon  other  property  until  a  deficiency 

ment  does  not  preclude  the  court  from  enter-  is  duly  ascertained  and  docketed.     Idem, 

ing  the  necessary  decree  to  enforce  the  pay-  A  mortgage  for  purchase  money  must  first 

ment  by  sale  of  mortgaged  property.     Nos-  be    satisfied    out    of   the   property   before   a 

ler  v.  Haynes,  2  Nev.  56.  mechanic's  lien.     Virgin  v.  Brubaker,  4  Nev. 

This    section    confines    the    mortgagee    to  31. 

the  pursuit  of  one  remedy  only.     The  action  A  suit  to  foreclose  a  mortgage,  given  to 

of  ejectment  is  entirely  forbidden.     Nor  can  secure  the  purchase  money  of  land,  is   not 

the  action  of  debt  be  resorted  to  unless  the  a  suit  for  the  enforcement  of  a  vendor's  lien, 

mortgage  lien  be  entirely  abandoned.     The  Hopper  v.  Parkinson,  5  Nev.  233. 

remedy  against  the  property  is  confined  to  Mortgagee     for     preexistent     debt,     when 

the  remedy  of  foreclosure  and  sale.  Hyman  regarded   as  bona  fide  purchaser  for  value, 

v.  Kelly,  1  Nev.  180,  184-188.  Fair  v.  Howard,  6  Nev.  304. 

This   section   does  not   deprive   the   mort-  Cited,   Arrington  v.   Wittenberg,   11   Nev. 


I 


1613  CIVIL  PRACTICE  Sec.  5504 

287;   Adams  v.  Smith,  19  Nev.  273  (3  A.  S.  the  administrator  of  such  estate  for  allow- 

888,  9  P.  237) ;  Borden  v.  Clow,  21  Nev.  277  ance.     Eickards  v.  Hutchinson,  18  Nev.  215 

(37  A.  S.  511,  30  P.  821).  (2  P.  52)-. 

In  a   suit  to  foreclose  a  mortgage  where  The  mortgagee  may  maintain  an  action  to 

lieu   claimants  are   made  parties,  the  court  foreclose  the  mortgage  against  the  grantee 

should  determine  the  relative  rights  of  the  of   the    mortgaged   premises    alone,    without 

laintiff    and    the    several    lien    claimants.  serving  the  administratrix,  as  she  is  not,  in 

olmson  v.  Badger  M.  &  M.  Co.,  13  Nev.  351.  such  cases,  a  necessary  party  to  the  action. 

In  an  action  to  foreclose  a  mortgage  after  Idem. 

conveyance  of  the  mortgaged  premises  and  The    exemption    contained    in    the   United 

the  death  of  the  mortgageor  when  no  judg-  States  homestead  act  does  not  render  invalid 

ment    against    the    estate    of    the    latter    is  a     voluntary     incumbrance     by     mortgage, 

asked   for,   it   is  unnecessary  for  the   mort-  placed  on  a  homestead  prior  to  the  issuance 

gagee  to  present  the  note  and  mortgage  to  of  patent  therefor.     Orr  v.  Ulyatt,  23  Nev. 

134(43  P.  916). 

5502.    Surplus  money,  how  paid  and  deposited. 

SEC.  560.  If  there  be  surplus  money  remaining  after  payment  of  the 
amount  due  on  the  mortgage,  lien,  or  incumbrance,  with  costs,  the  court 
may  cause  the  same  to  be  paid  to  the  person  entitled  to  it,  and  in  the 
meantime  may  direct  it  to  be  deposited  in  court. 

Kerr,  C.  C.  P.,7l>7. 

•V>o;{.     Proceedings,  when  debt  secured  falls  due  at  different  times. 

SEC.  561.  If  the  debt  for  which  the  mortgage,  lien  or  incumbrance  is 
held  be  not  all  due,  so  soon  as  sufficient  of  the  property  has  been  sold  to 
pay  the  amount  due,  with  costs,  the  sale  shall  cease;  and  afterwards,  as 
often  as  more  becomes  due  for  principal  or  interest,  the  court  may,  on 
motion,  order  more  to  be  sold.  But  if  the  property  cannot  be  sold  in 
portions  without  injury  to  the  parties,  the  whole  may  be  ordered  to  be 
sold  in  the  first  instance,  and  the  entire  debt  and  costs  paid,  there  being 
a  rebate  of  interest  where  such  rebate  is  proper. 

K.MT,  C.  C.  P.,7i'S. 

CHAPTER  61 

ACTIONS  FOR  NUISANCE,  WASTE,  ETC. 

5504.  Nuisance    defined  —  Abatement     of—        5510.  Lien    of    judgment    and    continuation 

Actions  instituted,  by  whom.  thereof. 

5505.  Action  for  waste.  5511.  Survey  may  be  applied  for — Notice  of 

5506.  Trespass    for    cutting    timber — Action  application,  and  how  served — Costs. 

for — Treble  damages.  5512.  Order  may  be  made  to  allow  party  to 

5507.  Idem — Measure  of  damages.  survey  and  measure  property. 

5508.  Forcible     or    unlawful     entry — Treble       5513.  Idem — Order,    what    to    contain,    how 

damages.  served. 

5509.  Manner    of    working    mine — Damages, 

how  assessed. 

5504.    Nuisance  defined— Abatement  of— Actions  instituted,  by  whom. 

SEC.  562.  Anything  which  is  injurious  to  health,  or  indecent  and  offen- 
sive to  the  senses,  or  an  obstruction  to  the  free  use  of  property,  so  as  to 
interfere  with  the  comfortable  enjoyment  of  life  or  property,  is  a  nuisance, 
and  the  subject  of  an  action.  Such  action  may  be  brought  by  any  person 
whose  property  is  injuriously  affected,  or  whose  personal  enjoyment  is 
lessened  by  the  nuisance;  and  by  the  judgment  the  nuisance  may  be 
enjoined  or  abated,  as  well  as  damages  recovered. 

Kerr,  C.  C.  P.,  731;  see,  also,  sees.  3479  and  3480,  Kerr's  civil  code. 

Duty  of  officers  to  abate,  sec.  1562. 

To  enable  plaintiffs  to  maintain  this  The  controlling  principle,  which  gives  the 

Mction,  it  must  be  clearly  shown  that  they  right  of  action  to  private  individuals  to 

have  sustained,  or  will  sustain,  a  special  and  abate  a  public  nuisance,  is  the  invasion, 

peculiar  injury,  irreparable  in  its  nature  and  impairment,  or  destruction  of  a  common 

different  in  kind  from  that  sustained  by  the  right  which  they  possess,  independent,  sepa- 

general  public.  Fogg  v.  N.  C.  O.  E.  E.,  20  rate  and  distinct  from  the  rights  enjoyed 

NCv.  429,  435  (23  P.  840).  by  the  general  public.  Idem. 

102 


See.  5505  CIVIL  PRACTICE  1614 

If  the  facts  alleged  and  proven  constitute  and   distinct  town   lots,   having  no   common 

an  injury  to  the  health,  or  are  indecent  or  interest,    the.    complaint    is    demurrable    fo$ 

offensive  to  the  senses,  or  create  an  obstruc-  misjoinder  of  parties.     Idem, 
tion  to  the  right  of  enjoyment  and  use  of  In  an  action  to  abate  and  enjoin  a  nuisance 

the   property   of   individuals   which   is   com-  only  those  persons   should  be   made  parties 

nion  to  them,  then  the  nuisance  becomes  to  who  would  be  liable  to  respond  in  damages, 

them  a  private  nuisance,  constituting  a  spe-  Bliss  v.  Grayson,  24  Nev.  422,  454,  455  (56 

rial   and  peculiar  injury,  distinct  from  that  P.  231). 

of  the  public,  for  which  they  can  maintain  It  is  the  right  of  both  parties  to  insist  that 

an  action.     Idem.  an  easement  remain  substantially  as  it  was 

The  plaintiffs  being  the  owners  of  separate  at  the  time  of  its  acquisition.     Thomas  v. 

Blaisdell,  25  Nev.  223,  228  (58  P.  903). 

5505.  Action  for  waste. 

SEC.  563.  If  a  guardian,  tenant  for  life  or  years,  joint  tenant,  or  tenant 
in  common  of  real  property,  commit  waste  thereon,  any  person  aggrieved 
by  the  waste  may  bring  an  action  against  him  therefor,  in  which  action 
there  may  be  judgment  for  treble  damages. 

Kerr,  C.  C.P.,732. 

Waste  is  a  permanent  or  lasting  injury  right,  title  or  mterest  in  and  to  the  lands 

done,  or  permitted  to  be  done,  by  the  holder  of  his  intestate  in  another  state  as  will 

of  a  particular  estate  to  the  inheritance,  or  authorize  him  to  sue  to  redeem  from  a 

to  the  prejudice  of  any  one  who  has  an  mortgage  thereon  by  setting  off  against  the 

interest  in  the  inheritance.  Price  v.  Ward,  mortgage  debt  waste  permitted  by  the  mort- 

25  Nev.  203,  209,  214,  215  (46  L.  E.  A.  459,  gagee  in  possession  after  .the  death  of  the 

58  P.  849).  intestate,  or  to  recover  damages  for  waste 

An  administrator,  who  takes  land  as  assets  or  trespass  on  such  lands.  (Bonnifield,  C.  J. 

by  special  provisions  of  law,  has  no  such  dissenting.)  Idem. 

5506.  Trespass  for  cutting  timber,  action  for— Treble  damages. 

SEC.  564.  Any  person  who  shall  cut  down  or  carry  off  any  wood  or 
underwood,  tree  or  timber,  or  girdle  or  otherwise  injure  any  tree  or  timber 
on  the  land  of  another  person,  or  on  the  street  or  highway  in  front  of  any 
person's  house,  village  or  city  lot,  or  cultivated  grounds  or  on  the  com- 
mons or  public  grounds  of  any  city  or  town,  or  on  the  street  or  highway  in 
front  thereof,  without  lawful  authority,  shall  be  liable  to  the  owner  of  such 
land,  or  to  such  city  or  town,  for  treble  the  amount  of  damages  which  may 
be  assessed  therefor,  in  a  civil  action  in  any  court  having  jurisdiction. 

Kerr,  C.  C.  P.,  733. 

See  Price  v.  Ward,  under  sec.  563  of  this  act. 

5507.  Idem— Measure  of  damages. 

SEC.  565.  Nothing  in  the  last  section  shall  authorize  the  recovery  of 
more  than  the  just  value  of  the  timber  taken  from  uncultivated  wood  land 
for  the  repair  of  a  public  highway  or  bridge  upon  the  land,  or  adjoining  it. 

Kerr,  C.  C.  P.,  734. 

5508.  Forcible  or  unlawful  entry— Treble  damages. 

SEC.  566.  If  a  person  recover  damages  for  a  forcible  or  unlawful  entry 
in  or  upon,  or  detention  of  any  building  or  any  uncultivated  real  property, 
judgment  may  be  entered  for  three  times  the  amount  at  which  the  actual 
damages  are  assessed. 

Kerr,C.C.P.,735. 

5509.  Manner  of  working  mine— Damages,  how  assessed. 

SEC.  567.  Any  person  or  persons,  company  or  corporation,  being  the 
owner  or  owners  of,  or  in  possession  under  any  lease  or  contract  for  the 
working  of  any  mine  or  mines  within  the  State  of  Nevada,  shall  have  the 
right  to  institute  and  maintain  an  action  for  the  recovery  of  any  damages 
that  may  accrue  by  reason  of  the  manner  in  which  any  mine  or  mines  have 
been  or  are  being  worked  and  managed  by  any  person  or  persons,  company 
or  corporation,  who  may  be  the  owner  or  owners,  or  in  possession  of  and 
working  such  mine  or  mines  under  a  lease  or  contract,  and  to  prevent  the 


1615  CIVIL  PRACTICE  Sec.  5511 

continuance  of  working  and  managing  such  mine  or  mines  in  such  manner 
as  to  hinder,  in  jure,  or  in  anywise  endanger  the  safety  of  any  mine  or  mines 
adjacent  or  adjoining  thereto.  And  any  such  owner  of,  or  [person]  in  the 
possession  of  any  mine  or  mining  claim,  who  shall  enter  upon  or  into,  in 
any  manner,  any  mine  or  mining  claim,  the  property  of  another,  and  mine, 
extract,  excavate  or  carry  away  any  valuable  mineral  therefrom,  shall  be 
liable  to  the  owner  or  owners  of  any  such  mine  or  mines  trespassed  upon 
in  the  amount  of  the  value  of  all  such  mineral  mined,  extracted,  excavated 
or  carried  away,  and  for  all  other  damages,  and,  in  the  absence  of  a  show- 
ing to  the  contrary,  the  value  of  all  such  mineral  mined,  extracted,  exca- 
vated or  carried  away  shall  be  presumed  to  be  twice  the  amount  of  the 
gross  value  of  the  same  ascertained  by  an  average  assay  of  the  excavated 
material  or  the  ledge  from  which  it  was  taken ;  and,  provided,  that  if  such 
trespass  was  made  in  bad  faith,  such  damages  may  be  trebled. 

The  act   of   1861,   410,  sec.   561,  provided  by  the  persons  making  the  application  unless 

for  the  admission  of  proof  of  customs,  usages  they  shall  subsequently  maintain  an  action 

ami    regulations    established    and    enforced  and  recover   damages  by  reason   of  a  tres- 

in  the  mining  district  and  said  section  was  pass  threatened  prior  to   such   survey,  does 

i-it«-«l  in  Smith  v.  N.  Am.  M.  Co.,  1  Nev.  424,  not  permit  a  survey  of  the  boundaries  and 

1-J7.  to  the  following  effect:  "Testimony  as  underground    workings    of    adjacent    mines 

to  mining  customs  may  be  introduced,  how-  unless  there  is  a  pending  suit  involving  such 

•  •VIM-   recent  the  date  or  short  the  duration  mines. 

of  their  establishment."  Where  a  statute  is  equally  susceptible  of 

A   statute,  empowering  a  court  of  equity,  two    constructions,   the    court    will    presume 

MM  :i  proper  showing,  to  order,  in  the  absence  that  the  legislature  did  not  intend  a  radical 

i»t'  :i  pending  suit,  a  survey  of  the  boundaries  change  in  existing  procedure,  and  will  «on- 

;in«l     underground     workings     of     adjacent  strue  the  statute  in  harmony  therewith. 

niiiu's,  is  not  unconstitutional.  The  word  "maintain"  in  a  statute  in  refer- 

Equity  has  the  inherent  power  to  order,  ence  to  actions  comprehends  the  institution 

in  a  pending  case, a  survey  of  the  boundaries  as  well  as  the  support  of  the  action,  though 

and    underground    workings    of    mines    con-  it  may  be  used  to  express  a  meaning  corre- 

*ti tuting  the  subject-matter  of  the  suit.  spending  to  its  most  restricted  definition. 

The    court,    in    construing    an    ambiguous  Where  the  same  word  is  used  in  different 

statute,  may  consider  the  law  as  it  existed  parts  of  a  statute,  it  will  be  presumed  to  be 

prior  to  the  statute.  used    in    the    same    sense    throughout,    and, 

This  section  authorizes  the  owner  or  own-  where  its  meaning  in  one  instance  is  clear, 
I'rs  of  any  mine  to  sue  for  damages  for  such  meaning  will  be  attached  to  it  else- 
improper  mining  by  one  in  possession  under  where,  unless  it  clearly  appears  that  it  was 
a  lease  and  for  trespass  to  the  mine,  and  pro-  the  intention  of  the  legislature  to  use  it  in 
vi.lintr  for  an  application  for  an  order  for  a  different  senses.  National  Mines  Co.  v.  Dis- 
survey  of  mines,  and  declaring  that  the  trict  Court,  34  Nev. —  (116  P.  996).  Talbot 
costs  of  the  order  and  survey  shall  be  paid  J.,  dissenting. 

5510.  Lien  of  judgment  and  continuation  thereof. 

SEC.  568.  Any  judgment  obtained  for  damages  under  the  provisions  of 
this  act  shall  become  a  lien  upon  all  the  property  of  the  judgment  debtor  or 
debtors,  not  exempt  from  execution,  in  the  State  of  Nevada,  owned  by  him, 
her,  or  them,  or  which  may  afterwards  be  acquired,  as  is  now  provided  for 
by  jaw,  which  lien  shall  continue  two  years,  unless  the  judgment  be  sooner 
satisfied. 

5511.  Survey  may  be  applied  for— Notice  of  application,  and  how  served— 

Costs. 

SEC.  569.  Any  person  or  persons  named  in  the  two  preceding  sections 
shall  have  the  right  to  apply  for  and  obtain  from  any  district  court,  or  the 
judge  thereof,  an  order  of  survey  in  the  following  manner :  An  application 
shall  be  made  by  filing  the  affidavit  of  the  person  making  the  application, 
which  affidavit  shall  state,  as  near  as  can  be  described,  the  location  of  the 
mine  or  mines  of  the  parties  complained  of,  and  as  far  as  known,  the 
names  of  such  parties;  also,  the  location  of  the  mine  or  mines  of  the 
party  making  such  application,  and  that  he  has  reason  to  believe,  and  does 
believe,  that  the  said  parties  complained  of,  their  agent,  or  employees,  are 


Sec.  5512  CIVIL  PRACTICE  1616 


or  have  been  trespassing  upon  the  mine  or  mines  of  the  party  complaining, 
or  are  working  their  mine  in  such  manner  as  to  damage  or  endanger  the 
property  of  the  affiant.  Upon  the  filing  of  the  affidavit  as  aforesaid,  the 
court  or  judge  shall  cause  a  notice  to  be  given  to  the  party  complained  of, 
or  the  agent  thereof,  which  notice  shall  state  the  time,  place,  and  before 
whom  the  application  will  be  heard,  and  shall  cite  the  party  to  appear  in 
not  less  than  five  or  more  than  ten  days  from  the  date  thereof,  to  show 
cause  why  an  order  of  survey  should  not  be  granted ;  and  upon  good 
cause  shown,  the  court  or  judge  shall  grant  such  order,  directed  to  some 
competent  surveyor  or  surveyors,  or  to  some  competent  mechanics,  or 
miners,  or  both,  as  the  case  may  be  who  shall  proceed  to  make  the  necessary 
examination  as  directed  by  the  court  and  report  the  result  and  conclusions 
to  the  court,  which  report  shall  be  filed  with  the  clerk  of  said  court.  The 
costs  of  the  order  and  survey  shall  be  paid  by  the  persons  making  the 
application,  unless  such  parties  shall  subsequently  maintain  an  action  and 
recover  damages,  as  provided  for  in  section  567,  by  reason  of  a  trespass  or 
damage  done  or  threatened  prior  to  such  survey  or  examination  having 
been  made,  and  in  that  case,  such  costs  shall  be  taxed  against  the  defendant 
as  other  costs  in  the  suit.  The  parties  obtaining  such  survey  shall  be  liable 
for  any  unnecessary  injury  done  to  the  property  in  the  making  of  such 
survey. 

See  National  Mines  Co.  v.  District  Court,  under  sec.  567  of  this  act. 

5512.  Order  may  be  made  to  allow  party  to  survey  and  measure  property. 

SEC.  570.  The  court  in  which  an  action  is  pending  for  the  recovery  of 
real  property  or  for  damages  for  an  injury  thereto,  or  a  judge  thereof, 
may,  on  motion,  upon  notice  by  either  party  for  good  cause  shown,  grant 
an  order  allowing  to  such  party  the  right  to  enter  upon  the  property  and 
make  survey  and  measurement  thereof,  for  the  purpose  of  the  action,  even 
though  entry  for  such  purpose  has  to  be  made  through  other  lands  belong- 
ing to  parties  to  the  action. 

Kerr,  C.C.P.,742. 

See  National  Mines  Co.  v.  District  Court,  under  sec.  567  of  this  act. 

5513.  Idem— Order,  what  to  contain,  how  served. 

SEC.  571.  The  order  shall  describe  the  property,  a  copy  thereof  shall  be 
served  on  the  owner  or  occupant,  and  thereupon  such  party  may  enter  upon 
the  property  with  necessary  surveyors  and  assistants,  and  may  make  such 
survey  and  measurements;  but  if  any  unnecessary  injury  be  done  to  the 
property  he  shall  be  liable  therefor. 

Kerr,  C.  C.P.,743. 

See  National  Mines  Co.  v.  District  Court,  under  sec.  567  of  this  act. 

CHAPTER  62 

ACTIONS   TO   QUIET    TITLE,   ETC. 

5514.  Action  to  quiet  title,  by  whom  brought.       5522.  Action  to  determine  adverse  claims  to 

5515.  Costs  not  recoverable,  when.  real    property,    by    whom    and    how 

5516.  Eight  terminated  during  action — What  brought. 

may     be     recovered — Verdict     and  5523.  Idem — Summons,  what  to  contain,  how 
judgment.  served  —  Unknown     persons     con- 

5517.  Improvements  allowed  as  set-off,  when.  eluded  by  judgment. 

5518.  Mortgage  not  deemed  a  conveyance.  5524.  Idem — Judgment,  when  rendered,  eon 

5519.  Court  may  enjoin  inquiry  to  property  elusive     against     whom — Proof     or 

during  foreclosure.  service    of    summons    and   tiling   lis 

5520.  Damages  may  be  recovered  for  injury  pendens. 

to  possession  after  sale  and  before      5525.  Idem — Proceedings,     how     conducted, 
delivery.  remedy  cumulative. 

5521.  Action  not  to  be  prejudiced  by  aliena        5526.  Adverse  action  on  mining  claim. 

tion  pending  suit. 


1617 


CIVIL  PRACTICE 


Sec.  5517 


55U.    Action  to  quiet  title,  by  whom  brought. 

SEC.  572.  An  action  may  be  brought  by  any  person  against  another 
who  claims  an  estate  or  interest  in  real  property,  adverse  to  him,  for  the 
purpose  of  determining  such  adverse  claim. 

Kerr,  C.C.P.,7::s. 

The   action    of    ejectment    is   unknown    to       facie   the   cause   of  action.     Blasdel  v.  Wil- 
our   system.     Alford   v.   Dewin,  1   Nev.   207,       Hams,  9  Nev.  1(H. 
211,  I'll'. 

Tenants  in  common   may  maintain  a  joint 


action  for  possession  of  real  estate.     Idem 


Burden     of     proof — Plaintiff     must     show 
adverse   claim.     Idem. 

The   statute  gives  the  right  of  action  to 


This  section  does  not  restrict  any  pre-  any  person  in  possession  irrespective  of  the 

existing  right  or  remedy,  but  seems  to  give,  mode  by  which  possession  has  been  acquired. 

in  >ome  cases,  a  new  and  more  extensive  Scorpion  S.  M.  Co.  v.  Marsano,  10  Nev.  370, 

remedy.  Low  v.  Staples,  2  Nev.  209,  213.  378,  379. 

Before  a  court  of  equity  will  interfere  to  In  such  actions  it  is  not  necessary  for  the 

remove  a  cloud,  they  must  be  satisfied  that  plaintiff  to  set  out  specifically  the  character 

the  party  seeking  relief  has  the  legal  title.  of  the  adverse  claim  of  defendant;  the 

It  the  possession  is  held  adversely,  the  court  burden  of  proof  is  upon  the  defendant,  if  he 

niav  properly  refuse  to  act  until  the  com-  admits  plaintiff's  possession,  or  does  not  dis- 

plainaiit  has  established  his  legal  title  by  claim,  to  plead  and  prove  a  good  title  in  him- 


aii  action  at  law.     Idem. 

Cited,  Four-Twenty  M.  Co.  v.  Bullion  M. 
Co.,  !'  Nev.  248. 

Under  our  practice  the  different  forms  of 
real  actions  are  merged  into  one  action  in 
which  both  the  right  of  possession  and  the 


self.      (Blasdel  v.  Williams,  9  Nev.  161,  over- 
ruled.)    Idem. 

Where  the  findings  of  the  court  show  that 
both  parties  were  in  possession  of  different 
portions  of  the  same  lode  and  the  character 
of  their  possession  is  particularly  defined, 


11^ lit    of    property    are    tried.     Sherman    v.       the   party    having   the   better    right   to   the 


!>il ley,  3  Nev.  26. 

In  an  action  to  determine  an  adverse 
claim  to  land,  a  court  cannot  decree  that 
defendant  has  no  title  or  right  to  land  in 
which  plaintiff  fails  to  show  a  possession  or 
title  in  himself.  Van  Vliet  v.  Olin,  4  Nev. 
95,  !»ii  (07  A.  D.  513). 

The  possession  of  real  property  is  the 
lia>e  upon  which  an  action  to  quiet  title  is 
founded,  but  it  cannot  be  said  that  an 
admission  or  proof  of  the  mere  fact,  which 
Liivrs  the  ri^ht  of  action,  establishes  prima 


ossession  of  the  lode  must  prevail,  and  is 
entitled  to  maintain  the  action.  Eose  v. 
Richmond  M.  Co.,  17  Nev.  26,  52,  56  (37  P. 
1105,  114  U.  S.  576). 

Cited,  Springer  v.  Clopath,  26  Nev.  191 
(65  P.  804). 

That  defendant  relied  on  a  deed  from  a 
third  person,  who  acknowledged  the  para- 
mount title  in  plaintiff  and  that  his  posses- 
sion was  that  of  a  tenant,  and  that  defend- 
ant  had  no  interest  other  than  that  obtained 
from  the  deed,  authorizes  a  judgment  for 
plaintiff.  Eeno  B.  Co.  v.  Packard,  31  Nev. 
433,  442,  443  (103  P.  415). 

5515.  Costs  not  recoverable,  when. 

SEC.  573.  If  the  defendant  in  such  action  disclaim  in  his  answer  any 
interest  or  estate  in  the  property,  or  suffer  judgment  to  be  taken  against 
him  without  answer,  the  plaintiff  shall  not  recover  costs. 

Kerr,  C.  C.P.,739. 

5516.  Right  terminated  during  action— What  may  be  recovered— Verdict 

and  judgment. 

SEC.  574.  In  an  action  for  the  recovery  of  real  property,  where  the 
plaintiff  shows  a  right  to  recover  at  the  time  the  action  was  commenced, 
but  it  appears  that  his  right  has  terminated  during  the  pendency  of  the 
action,  the  verdict  and  judgment  shall  be  according  to  the  fact,  and  the 
plaintiff  may  recover  damages  for  withholding  the  property. 

Kerr,  C.  C.P.,740. 

Where  parties  having  a  joint  right  of  action  bring  suit,  and  pending  the  litigation  sever 
their  interests,  the  suit  will  not  abate.  Alford  v.  Dewin,  1  Nev.  207,  213. 

5517.  Improvements  allowed  as  set-off,  when. 

SEC.  575.  When  damages  are  claimed  for  withholding  the  property 
recovered,  upon  which  permanent  improvements  have  been  made  by  a 
defendant  or  those  under  whom  he  claims,  holding  under  color  of  title 
adversely  to  the  claims  of  the  plaintiff,  in  good  faith,  the  value  of  such 
improvements  shall  be  allowed  as  a  set-off  against  such  damages. 

Kerr,  C.  C.P.,741. 


Sec.  5518  CIVIL  PRACTICE  1618 

5518.  Mortgage  not  deemed  a  conveyance. 

SEC.  576.  A  mortgage  of  real  property  shall  not  be  deemed  a  convey- 
ance, whatever  its  terms,  so  as  to  enable  the  owner  of  the  mortgage  to  take 
possession  of  the  real  property  without  a  foreclosure  and  sale. 

Kerr,  C.  C.P.,744. 

See   Hyman   v.   Kelly,   under   sec.   559   of  The  proof  necessary  should  be  clear,  sat- 

this  act.  isfactory     and     convincing.       Idem.       Also 

This  section  applies  to  mortgagees  out  of  Pierce  v.  Traver,  13  Nev.  526. 
possession,  and  does  not  prevent  the  run-  The  doctrine  upon  which  parol  proof  is 
ning  of  the  statute  of  limitations  before  received  to  show  a  conveyance  absolute  in 
foreclosure  in  favor  of  a  mortgagee  in  form  to  be  a  mortgage  or  security  for  a 
adverse  possession  under  .  claim  of  title.  loan,  is  that  such  evidence  is  received,  not 
Borden  v.  Clow,  21  Nev.  275,  277  (37  A.  S.  to  contradict  the  instrument,  but  to  prove 
511,  30  P.  821).  an  equity  superior  to  it.  Saunders  v.  Stew- 
When  a  deed  to  real  estate,  absolute  on  art,  7  Nev.  200. 

its  face,  is  given  to  secure  a  debt,  and  there  The  mere  fact  that  property  is  convej'ed 

is    no     agreement     when     such     debt     shall  for  less  than  its  real  value  is  not,  of  itself, 

become     due,     the     statute     of     limitations  sufficient  to  authorize  the  court  to   declare 

begins   to   run    in   favor    of   the   grantee   in  a  deed  absolute  upon  its  face  to  be  a  mort- 

possession   immediately    on   the   delivery   of  gage.     Pierce  v.  Traver,  13  Nev.  526. 

the  deed.     Idem.  Where    the    circumstances    show    that    a 

Under    the    provision    of    this    section    a  person  in  possession  of  real  estate  under  a 

mortgage    is    not    an    alienation,    but    is    a  deed   absolute   on   its  face  holds  it   only   in 

mere  security  for  a  debt.     Orr  v.  Ulyatt,  23  fact  as  security  for  a  debt,  he  will  be  com- 

Nev.  134,  140  (43  P.  916).  pelled  to  account  for  the  rents  and  profits. 

Cited,  Price  v.  Ward,  25  Nev.  214  (46  L.  Cookes  v.  Culbertson,  9  Nev.  199. 

E.  A.  459,  58  P.  849).  Deed    absolute    upon    its    face,    when    a 

A   deed,   absolute   on   its  face,   if   clearly  mortgage.     Leahigh  v.  White,  8  Nev.  147. 

shown  to  have  been  given  as  security  for  a  An  absolute  deed  made  by  the  owner  of 

loan,    will    be    treated    as    a    mortgage    in  property  for  the  purpose  of  securing  money 

equity    and    a    reconveyance    to    the    debtor  due     the     third     persons,     with     a     written 

upon    payment    of    the    debt.      Bingham    v.  acknowledgment    by    the    grantee    that    he 

Thompson,  4  Nev.  224;    Saunders  v.  Stewart,  holds    it    for   that    purpose,   is    a    mortgage. 

7  Nev.  200.  First  Nat.  Bank  v.  Kreig,  21   Nev.  404  (32 

P.'  641). 

5519.  Court  may  enjoin  injury  to  property  during  foreclosure. 

SEC.  577.  The  court  may  by  injunction,  on  good  cause  shown,  restrain 
the  party  in  possession  from  doing  any  act  to  the  injury  of  real  property 
during  the  foreclosure  of  a  mortgage  thereon ;  or  after  a  sale  on  execution, 
before  a  conveyance. 

Kerr,  C.C.P.,745. 

5520.  Damages  may  be  recovered  for  injury  to  possession  after  sale  and 

before  delivery. 

SEC.  578.  When  real  property  shall  have  been  sold  on  execution,  the 
purchaser  thereof,  or  any  person  who  majf  have  succeeded  to  his  interest, 
may,  after  his  estate  becomes  absolute,  recover  damages  for  injury  to  the 
property  by  the  tenant  in  possession,  after  sale  and  before  possession  is 
delivered  under  the  conveyance. 

Kerr,  C.C.P.,746. 

5521.  Action  not  to  be  prejudiced  by  alienation  pending  suit. 

SEC.  579.  An  action  for  the  recovery  of  real  property  against  a  person 
in  possession  cannot  be  prejudiced  by  an  alienation  made  by  such  person, 
either  before  or  after  the  commencement  of  the  action. 

Kerr,  C.  C.  P. ,747. 

5522.  Action  to  determine  adverse  claims  to  real  property,  by  whom  and 

how  brought. 

SEC.  580.  An  action  may  be  brought  to  determine  the  adverse  claims 
to  and  clouds  upon  title  to  real  property  by  a  person  who,  by  himself,  or 
by  himself  and  his  predecessors  in  interest,  has  b^en  in  the  actual,  exclusive 
and  adverse  possession  of  such  property  continuously  for  more  than  fifteen 


1619  CIVIL  PRACTICE  Sec.  5523 

years  prior  to  the  filing  of  the  complaint,  claiming  to  own  the  same  in  fee, 
or  by  any  other  freehold  estate,  against  the  whole  world,  and  who  has  by 
himself  or  his  predecessors  in  interest,  paid  all  taxes  of  every  kind  levied 
or  assessed  and  due  against  the  property  during  the  period  of  five  years 
next  preceding  the  filing  of  the  complaint.  Said  action  shall  be  com- 
menced by  the  filing  of  a  verified  complaint  averring  the  matters  above 
enumerated.  The  said  complaint  must  include  as  defendants  in  such 
action,  in  addition  to  such  persons  as  appear  of  record  to  have,  all  other 
persons  who  are  known,  or  by  the  exercise  of  reasonable  diligence  could  be 
known,  to  plaintiff  to  have  some  claim  to  an  estate,  interest,  right,  title, 
lien  or  cloud  in  or  on  the  land  described  in  the  complaint  adverse  to  plain- 
tiff's ownership  and  may  also  include  as  defendants,  any  and  all  other 
persons,  unknown,  claiming  any  estate,  right,  title,  interest,  or  lien  in 
such  lands,  or  cloud  upon  the  title  of  plaintiff  thereto,  and  the  plaintiff  may 
describe  such  unknown  defendants  in  the  complaint  as  follows:  "Also  all 
other  persons  unknown  claiming  any  right,  title,  estate,  lien  or  interest  in 
the  real  property  described  in  the  complaint  adverse  to  plaintiff's  owner- 
ship, or  any  cloud  upon  plaintiff's  title  thereto."  Within  ten  days  after 
the  filing  of  the  complaint,  plaintiff  shall  file  or  cause  to  be  filed  in  the 
office  of  the  county  recorder  of  the  county  where  the  property  is  situated, 
a  notice  of  the  pendency  of  the  action  containing  the  matters  required  by 
section  79  of  this  act. 

Srr  Smith  v.  N.  Am.  M.  Co.,  under  see.  "»i;7  <>!'  this  act. 

552:1.    Mem— Summons, what  to  contain,  how  served— rnknown  persons 

concluded  by  judgment. 

SEC.  581.  Within  one  year  after  the  filing  of  the  complaint,  as  required 
by  the  preceding  section,  a  summons  must  be  issued,  which  shall  contain 
in  addition  to  other  requirements,  a  description  of  the  property  described 
in  the  complaint.  In  said  summons  the  said  unknown  defendants  shall  be 
designated  as  in  the  complaint.  Within  thirty  days  after  the  issuance  of 
the  summons,  the  plaintiff  shall  post  or  cause  to  be  posted  a  copy  thereof 
in  a  conspicuous  place,  on  each  separate  parcel  of  the  property  described 
in  the  complaint,  and  each  parcel  of  the  land  upon  which  a  copy  of  said 
summons  is  posted  shall  be  deemed  to  be  in  the  possession  of  the  court 
for  all  the  purposes  of  and  pending  the  determination  of  the  action.  All 
defendants  residing  in  the  State  of  Nevada  whose  place  or  places  of 
residence  is,  or  by  the  exercise  of  reasonable  diligence  can  be,  known  to 
the  plaintiff  shall  be  served  personally,  except  as  otherwise  provided  by 
sections  84  and  85  of  this  act.  After  service  on  all  such  defendants  has 
been  made  with  the  exception  last  above  specified,  the  plaintiff  or  his 
agent  or  attorney  shall  make  and  file  an  affidavit  wherein  there  shall  be 
stated  the  names  of  the  defendants  who  have  been  served  personally,  and 
the  names  of  the  defendants  who  reside  out  of  the  state  and  their  places 
of  residence  if  known  to  the  affiant,  and  the  names  of  the  defendants 
residing  in  or  out  of  the  state  whose  places  of  residence  are  unknown  to 
the  affiant,  or  who  resided  within,  but  have  departed  from,  the  state,  or 
cannot,  after  due  diligence,  be  found  within  the  state,  or  who  conceal  them- 
selves to  avoid  service  of  summons,  and  thereupon  the  court  or  a  judge 
thereof  shall  make  an  order  directing  the  said  summons  to  be  served  upon 
the  defendants  residing  out  of  the  state  whose  places  of  residence  are 
known  to  the  plaintiff  or  affiant,  and  upon  the  defendants  residing  in  or  out 
of  the  state  whose  places  of  residence  are,  after  the  exercise  of  due  dili- 
gence unknown  to  the  plaintiff  or  affiant,  or  who  reside  within,  but  have 
departed  from  the  state,  or  cannot,  after  due  diligence,  be  found  within 
the  state,  or  who  conceal  themselves  to  avoid  service  of  summons,  and  upon 
all  the  unknown  defendants  as  stated  in  the  complaint  and  summons, 


Sec.  5524  CIVIL  PRACTICE  1620 

by  publication  in  some  newspaper  of  general  circulation  printed  and 
published  in  the  county  where  the  property  is  situated,  and  if  there 
be  no  such  paper  in  such  county,  then  in  some  adjoining  county,  to 
be  designated  by  the  court  or  a  judge  thereof,  which  publication  shall  be 
for  once  a  week  for  a  period  of  six  successive  weeks.  A  copy  of  the 
summons  and  complaint,  within  ten  days  after  the  making  of  said  order 
properly  addressed  to  and  with  the  postage  thereon  fully  prepaid, 
shall  be  mailed  to  each  of  the  defendants  who  reside  out  of  the  state,  at 
their  places  of  residence  if  known,  and  also  to  the  defendants  residing 
in  or  out  of  the  state  and  whose  places  of  residence  or  present  where- 
abouts are  unknown  to  plaintiff  or  affiant,  addressed  to  them  at  the 
county-seat  of  the  county  where  the  action  is  commenced,  and  at  their 
places  of  residence,  if  any,  last  known  to  the  plaintiff.  All  such  unknown 
persons  so  served  shall  have  the  same  rights  as  are  provided  by  law  in 
cases  of  all  other  defendants  named,  upon  whom  service  is  made  by  pub- 
lication or  personally,  and  the  action  shall  proceed  against  such  unknown 
persons  in  the  same  manner  as  against  the  defendants  who  are  named, 
upon  whom  service  is  made  by  publication  or  personally,  and  with  like 
effect;  and  any  such  unknown  person,  who  has  or  claims  to  have  any 
right,  title,  estate,  lien  or  interest  in  the  said  property,  or  cloud  on  the  title 
thereto,  adverse  to  plaintiff,  at  the  time  of  the  commencement  of  the  action, 
who  has  been  duly  served  as  aforesaid,  and  anyone  claiming  title  under 
him,  shall  be  concluded  by  the  judgment  in  such  action  as  effectually  as  if 
the  action  had  been  brought  against  the  said  person  by  his  or  her  name  and 
personal  service  of  process  obtained,  notwithstanding  any  such  unknown 
person  may  be  under  legal  disability.  Service  shall  be  deemed  complete 
upon  the  completion  of  the  publication. 

5524.  Idem— Judgment,  when  rendered,  conclusive  against  whom— Proof 

of  service  of  summons  and  filing  lis  pendens. 

SEC.  582.  When  the  summons  has  been  served  as  provided  in  the  pre- 
ceding section  and  the  time  for  answering  has  expired,  the  court  shall 
proceed  to  hear  the  case  as  in  other  cases  and  shall  have  jurisdiction  to 
examine  into  and  determine  the  legality  of  plaintiff's  title  and  of  the 
title  and  claim  of  all  the  defendants  and  of  all  unknown  persons,  and  to 
that  end  must  not  enter  any  judgment  by  default,  but  must  in  all  cases 
require  evidence  of  plaintiff's  title  and  possession  and  receive  such  legal 
evidence  as  may  be  offered  respecting  the  claims  and  title  of  any  of  the 
defendants  and  must  thereafter  direct  judgment  to  be  entered  in  accordance 
with  the  evidence  and  the  law.  The  court,  before  proceeding  to  hear  the 
case,  must  require  proof  to  be  made  that  the  summons  has  been  served 
and  posted  as  hereinbefore  directed  and  that  the  required  notice  of  pend- 
ency of  action  has  been  filed.  The  judgment  after  it  has  become  final  shall 
be  conclusive  against  all  the  persons  named  in  the  summons  and  complaint 
who  have  been  served  personally,  or  by  publication,  and  •  against  all 
unknown  persons  as  stated  in  the  complaint  and  summons  who  have  been 
served  by  publication,  but  shall  not  be  conclusive  against  the  State  of 
Nevada  or  the  United  States.  Said  judgment  shall  have  the  effect  of  a  judg- 
ment in  rem  except  as  against  the  State  of  Nevada  and  the  United  States ; 
and  provided,  further,  that  the  said  judgment  shall  not  bind  or  be  conclu- 
sive against  any  person  claiming  any  recorded  estate,  title,  right,  possession 
or  lien  in  or  to  the  property  under  the  plaintiff  or  his  predecessors  in 
interest,  which  claim,  lien,  estate,  title,  right  or  possession  has  arisen  or 
been  created  by  the  plaintiff  or  his  predecessors  in  interest  within  ten  years 
prior  to  the  filing  of  the  complaint. 

5525.  Idem— Proceedings,  how  conducted,  remedy  cumulative. 

SEC.  583.    The  remedy  provided  in  the  three  preceding  sections  shall  be 


1621 


CIVIL  PRACTICE 


Sec.  5526 


construed  as  cumulative  and  not  exclusive  of  any  other  remedy,  form  or 
right  of  action  or  proceeding  now  allowed  by  law. 

552H.    Adverse  action  on  mining  claim. 

SEC.  584.  In  all  actions  brought  to  determine  the  right  of  possession 
of  a  mining  claim,  or  metalliferous  vein  or  lode,  where  an  application 
has  been  made  to  the  proper  officers  of  the  government  of  the  United  States 
by  either  of  the  parties  to  such  action  for  a  patent  for  said  mining  claim, 
vein,  or  lode,  it  shall  only  be  necessary  to  confer  jurisdiction  on  the  court 
to  try  said  action,  and  render  a  proper  judgment  therein,  that  it  appear 
that  an  application  for  a  patent  for  such  mining  claim,  vein,  or  lode  has 
been  made,  and  that  the  parties  to  said  action  are  claiming  such  mining 
claim,  vein,  or  lode,  or  some  part  thereof,  or  the  right  of  possession 
thereof. 


Sec  Smith  v.  N.  Am.  M.  Co.,  under  sec. 
567  of  this  act. 

The  pendency  of  a  contest  in  the  land 
cilice,  with  respect  to  a  mining  claim,  gives 
tlif  <listrict  courts  jurisdiction  to  determine 
the  right  of  possession  as  between  adverse 
claimants.  Golden  Fleece  G.  &  8.  M.  Co.  v. 
Cable  Con.  G.  &  S.  M.  Co.,  12  Nev.  312. 

Kiirh  party  must  prove  his  claim  to  the 
premises  in  "dispute,  and  the  better  claim 
must  prevail.  Actual  possession  makes  out 
:i  prima  facie  case  for  the  contestant,  and 


throws  upon  the  defendant  the  burden  of 
proving  a  superior  right  in  himself.  Idem. 

Plaintiff  may  sustain  this  action  without 
proving  actual  possession.  A  right  to  the 
possession  is  always  necessary.  Idem. 

See,  also,  Kose  v.  Richmond,  M.  Co.,  17 
Nev.  25,  52,  54,  56  (37  P.  1105,  114  U.  S. 
576);  Steele  v.  Gold  Lead  M.  Co.,  18  Nev. 
81,  87  (1  P.  448). 

<  'it <Ml,  Nesbitt  v.  Delamar  N.  G.  M.  Co.,  24 
Nev.  280  (77  A.  S.  807,  52  P.  609,  177  U.  S. 
538). 


CHAPTER  63 

PARTITION 


5527.  Who  may  bring  actions  for  partition —       5548. 

Partial  partition.  ~>.~,4«i. 

")."L'S.  Interest    of    all    parties    must    be    set 

forth  in  complaint.  5550. 

"i!!».  Lienholders    not    of    record    need    not 

be  made  parties. 

5530.  Plaintiff  must  file  lis  pendens.  5551. 

.".":;  1.  Summons  must  be  directed  to  all  par-       5552. 

ties  interested  in  property. 
">:\-2.  Unknown    parties   may   be    served   by 

publication.  5553. 

">.'.."..  Answer,  what  to  contain.  5554. 

">:\4..  All  rights  may  be  determined  in  one 

action. 
">:!:;.  Plaintiff    must    produce    certificate    of      5555. 

recorder  showing  no  liens. 
Lienholders  must  be  made  parties   or       5556. 

referee  appointed. 
Lienholders  must  be  notified  to  appear       5557. 

before  referee.  5558. 

5538.  Court  may  order  sale  or  partition.  5559. 

5539.  Partition,  how  made. 

5540.  Eeports  of  referees.  5560. 
•"•141.  Court  may  set  aside  or  affirm  report — . 

Judgment,  conclusive,  upon  whom.          5561. 

5542.  Judgment    not    to    affect    tenants    for       5562. 
years.  5563. 

."543.  Apportionment    of    counsel    fees    and 

expenses.  5564. 

."}.~)44.  Abstract  of  title  in  action  for  parti- 
tion, cost  of,  when  allowed.  5565, 

."4-5.  Abstract,  how  made  and  verified. 

5546.  Interest     allowed     on     disbursements,       5566. 
when. 

•1547.  Lien  on  individual  interest,  charge  on,       5567. 
what. 


Estate  for  life  or  years,  how  set  off. 

Proceeds  of  sale  of  incumbered  prop- 
erty, how  applied. 

Lien  claimant  holding  other  securities, 
may  be  required  to  first  exhaust 
them. 

Proceeds  of  sale,  how  distributed. 

When  paid  into  court,  cause  may  be 
continued  for  determination  of 
claims. 

Sales  by  referees,  how  made. 

Court  must  direct  terms  of  sale  or 
credit  —  Investment  of  purchase 
money. 

Referees  may  take  securities  for  pur- 
chase money. 

Tenants,  whose  estate  sold,  to  receive 
compensation. 

Idem — Court  may  fix  compensation. 

Court  must  protect  unknown  tenants. 

Court  must  secure  value  of  future 
interests. 

Terms  and  manner  of  sale  must  be 
made  known. 

Who  may  not  be  purchasers. 

Referees  must  make  report  to  court. 

Idem — If  confirmed,  conveyance  may 
be  executed. 

Proceeding  if  lienholder  becomes  pur- 
chaser. 

Conveyances  must  be  recorded,  are 
bar  against  parties. 

Proceeds  belonging  to  unknown  own- 
ers. 

Investment  must  be  made  in  name  of 
clerk. 


Sec.  5527 


CIVIL  PRACTICE 


1622 


Idem — Court  may  fix  time  for  division. 

Idem — Division,  how  to  be  made  by 
referees. 

Idem — Parties  may  unite  for  purposes 
of  division — Order  of  court  to  gov- 
ern. 

Portions  sold  at  auction — Eeferees  to 
mark  off  portions  sold. 

Eemainder  of  bids  after  first  bidder, 
how  marked  off — Parties  remaining 
to  become  owners  of  what. 

Report  of  referees,  what  to  be  returned 
with. 

Expenses  of  referees  apportioned 
among  parties. 


5568.  When  interests  of  parties  ascertained,       5577. 

securities     to     be    taken     in     their       5578. 
names. 

5569.  Duties     of     clerk     concerning     invest-       5579. 

ments. 

5570.  When    unequal    partition    made,    com- 

pensation to  equalize.  5580. 

5571.  Share  of  infant  paid  to  guardian. 

5572.  Share  of  insane  persons  to  be  received       5581. 

by  guardian. 

5573.  Guardian    may    consent    to    partition 

without  action  and  execute  releases.       5582. 

5574.  Costs  of  partition — Lien  and  shares  of 

parceners.  5583. 

5575.  Court  may  appoint  single  referee. 

5576.  Court    may    order    referees    to    divide 

mining  claims. 

5527.    Who  may  bring  actions  for  partition— Partial  partition. 

SEC.  585.  When  several  persons  hold  and  are  in  possession  of  real 
property,  as  joint  tenants  or  as  tenants  in  common,  in  which  one  or  more 
of  them  have  an  estate  of  inheritance  or  for  life,  or  lives,  or  for  years,  an 
action  may  be  brought  by  one  or  more  of  such  persons  for  a  partial  par- 
tition thereof  according  to  the  respective  rights  of  the  persons  interested 
therein,  and  for  a  sale  of  such  property  or  a  part  of  it,  if  it  appear  that 
a  partition  cannot  be  made  without  great  prejudice  to  the  owners.  When- 
ever from  any  cause  it  is,  in  the  opinion  of  the  court,  impracticable  or 
highly  inconvenient  to  make  a  complete  partition,  in  the  first  instance, 
among  all  the  parties  in  interest,  the  court  may  first  ascertain  and  deter- 
mine the  shares  or  interest  respectively  held  by  the  original  cotenants,  and 
thereupon  adjudge  and  cause  a  partition  to  be  made,  as  if  such  original 
cotenants  were  the  parties,  and  sole  parties,  in  interest,  and  the  only 
parties  to  the  action  and  thereafter  may  proceed  in  like  manner  to  adjudge 
and  make  partition  separately  of  each  share  or  portion  so  ascertained  and 
allotted  as  between  those  claiming  under  the  original  tenant  to  whom  the 
same  shall  have  been  so  set  apart,  or  may  allow  them  to  remain  tenants 
in  common  thereof,  as  they  may  desire. 

Kerr,  C.  C.P.,752,  760. 

It  is  immaterial  when  a  party  in  posses- 
sion files  his  bill  claiming  that  he  is  a  tenant 
in  common  with  others,  asking  for  a  division 
of  the  land,  whether  he  shows  that  he  has 
a  legal  title  in  common  with  the  defendants, 
or  only  has  an  equitable  title  to  the  one-half 
of  the  land  described.  In  either  case  he  is 
entitled  to  substantially  the  same  relief. 
Crosier  v.  McLaughlin,  1  Nev.  348. 

The  court  will  not  only  proceed  to  divide 
the  land,  but  will,  in  a  proper  case,  direct  an 
accounting,  and  do  equity  in  the  case  by 
making  parties  account  for  rents,  etc.  Dall 
v.  Confidence  Co.,  3  Nev.  531. 

When   a   bill   is   filed   for   a   partition    of 


realty,  the  court  should  not  decree  a  sale 
except  in  those  cases  where  a  partition 
would  manifestly  be  injurious  to  the  inter- 
ests of  the  cotenants.  Idem. 

A  district  court  can  order  a  partition  to 
be  made,  but,  it  cannot  itself  make  the 
partition  except  in  the  indirect  mode  of  con- 
firming the  report  of  the  referees  appointed 
for  the  purpose  of  carrying  out  the  order 
of  partition.  Dondero  v.  Van  Sickle,  11 
Nev.  389,  393. 

When  the  court  decides  in  favor  of  a 
partition  being  made,  it  should  appoint 


referees  and  direct  them  to  divide  and 
mark  out  the  land,  including  the  improve- 
ments into  parcels  of  equal  value,  instead 
of  making  the  division  into  parcels  of 
equal  area.  Idem. 

A  severance  and  removal  of  improve- 
ments, which  are  a  part  of  the  realty,  from 
one  parcel  of  land  to  another,  in  order  to 
equalize  their  values,  is  not  authorized  by 
the  statute,  and  would  generally  be  injuri- 
ous to  the  interest  of  the  cotenants.  Idem. 

If  the  land  cannot  be  divided  into  par- 
eels  of  convenient  shape  and  situation  with- 
out throwing  the  valuable  improvements 
into  one  tract,  then,  unless  the  value  of  the 
land  in  the  other  tract  is  greater  than  the 
one  on  which  the  improvements  are  situ- 
ated, it  should  be  increased  in  area  until  it 
is  equal,  quality  and  quantity  considered, 
to  the  remaining  tract,  with  the  improve- 
ments included.  Idem. 

A  person  has  not  the  right  of  a  compul- 
sory partition  of  property  unless  he  has 
an  estate  in  possession,  one  by  virtue  of 
which  he  is  entitled  to  enjoy  the  present 
rents  or  the  possession  of  the  property  as 
one  of  the  cotenants  thereof.  Conter  v. 
Herschel,  24  Nev.  152  (50  P.  851). 


1623  CIVIL  PRACTICE  Sec.  5534 

5528.    Interest  of  all  parties  must  be  set  forth  in  complaint. 

SEC.  586.  The  interests  of  all  persons  in  the  property,  whether  such  per- 
sons be  known  or  unknown,  shall  be  set  forth  in  the  complaint  specifically 
and  particularly,  as  far  as  known  to  the  plaintiff;  and  if  one  or  more  of 
the  parties,  or  the  share  or  quantity  of  interest  of  any  of  the  parties,  be 
unknown  to  the  plaintiff,  or  be  uncertain  or  contingent,  or  the  ownership 
of  the  inheritance  depend  upon  an  executory  devise,  or  the  remainder  be 
a  contingent  remainder,  so  that  such  parties  cannot  be  named,  that  fact 
shall  be  set  forth  in  the  complaint. 

Kerr,  C.  C.P.,753. 

.WJ9.    Lienholders  not  of  record  need  not  be  made  parties. 

SEC.  587.  No  persons  who  have  or  claim  any  liens  upon  the  property, 
by  mortgage,  judgment,  or  otherwise,  need  be  made  parties  to  the  action, 
unless  such  liens  be  matters  of  record. 

K.-rr,  C.  C.  P.,  754. 

5530.  Plaintiff  must  file  Us  pendens. 

SEC.  588.  Immediately  after  filing  the  complaint,  the  plaintiff  shall 
file  with  the  recorder  of  the  county  in  which  the  property  is  situated,  a 
notice  of  the  pendency  of  the  action,  containing  the  names  of  the  parties 
so  far  as  known,  the  object  of  the  action,  and  a  description  of  the  property 
to  be  affected  thereby.  From  the  time  of  the  filing  it  shall  be  deemed 
notice  to  all  persons. 

Kerr,  C.  C.  P.,  755. 

Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v.  <  mines,  L'«»  Nr\ .  58. 

5531.  Summons  must  be  directed  to  all  parties  interested  in  property. 
SEC.  589.    The  summons  shall  be  directed  to  all  the  joint  tenants  and 

tenants  in  common,  and  all  persons  having  any  interest  in,  or  any  liens 
of  record  by  mortgage,  judgment,  or  otherwise  upon  the  property,  or 
upon  any  particular  portion  thereof ;  and  generally  to  all  persons  unknown 
who  have  or  claim  any  interest  in  the  property. 

Km-.  ( '.  ( '.  I'.,  75l). 

5532.  Unknown  parties  may  be  served  by  publication. 

SEC.  590.  If  a  party  having  a  share  or  interest  is  unknown  or  any  one 
of  the  known  parties  reside  out  of  the  state,  or  cannot  be  found  therein 
and  such  fact  is  made  to  appear  by  affidavit,  the  summons  may  be  served 
on  such  absent  or  unknown  party  by  publication,  as  in  other  cases.  When 
publication  is  made,  the  summons  as  published  shall  be  accompanied  by  a 
brief  description  of  the  property  which  is  the  subject  of. the  action. 

Kerr,  C.  C.  P.,  757. 

5533.  Answer,  what  to  contain. 

SEC.  591.  The  defendants  who  have  been  personally  served  with  the 
summons  and  a  certified  copy  of  the  complaint,  shall  set  forth  in  their 
answers,  fully  and  particularly,  the  nature  and  extent  of  their  interest  in 
the  property,  and  if  such  defendants  claim  a  lien  upon  the  property  by 
mortgage,  judgment,  or  otherwise,  they  shall  state  the  amount  and  date 
of  the  same,  and  the  amount  remaining  due  thereon,  and  whether  the 
amount  has  been  secured  in  any  other  way  or  not;  and  if  secured,  the 
extent  and  nature  of  the  security ;  or  they  shall  be  deemed  to  have  waived 
their  rights  to  such  lien. 

Kerr,  C.  C.P.,758. 

5534.  All  rights  may  be  determined  in  one  action. 

SEC.  592.  The  rights  of  the  several  parties,  plaintiffs  as  well  as  defend- 
ants, may  be  put  to  issue,  tried,  and  determined  by  such  action ;  and  when 


Sec.  5535  CIVIL  PRACTICE  1624 

a  sale  of  the  premises  is  necessary,  the  title  shall  be  ascertained  by  proof  to 
the  satisfaction  of  the  court,  before  the  judgment  of  sale  shall  be  made; 
and  where  service  of  the  complaint  has  been  made  by  publication,  like 
proof  shall  be  required  of  the  right  of  the  absent  or  unknown  parties  before 
such  judgment  is  rendered;  except  that. where  there  are  several  unknown 
persons  having  an  interest  in  the  property,  their  rights  may  be  considered 
together  in  the  action,  and  not  as  between  themselves. 

Kerr,  C.  C.P.,759. 

5535.  Plaintiff  must  produce  certificate  of  recorder  showing*  no  liens. 
SEC.  593.    The  plaintiff  shall  produce  to  the  court,  on  the  hearing  of  the 

case,  the  certificate  of  the  recorder  of  the  county  where  the  property  is 
situated,  showing  whether  there  were  or  not  any  liens  outstanding  of 
record  upon  the  property,  or  any  part  thereof,  at  the  time  of  the  com- 
mencement of  the  action. 

5536.  Lienholders  must  be  made  parties  or  referee  appointed. 

SEC.  594.  If  it  shall  appear  to  the  court,  by  the  certificate  of  the  county 
recorder  or  county  clerk,  or  by  the  sworn  or  verified  statement  of  any  person 
who  may  have  examined  or  searched  the  records  that  there  are  outstanding 
liens  or  incumbrances  of  record  upon  such  real  property,  or  any  part 
thereof,  which  existed  and  were  of  record  at  the  time  of  the  commence- 
ment of  said  action,  and  the  persons  holding  such  liens  are  not  made  parties 
to  the  action,  the  court  shall  either  order  such  persons  to  be  made  parties  to 
the  action,  by  an  amendment  or  supplemental  complaint,  or  appoint  a 
referee  to  ascertain  whether  or  not  such  liens  or  incumbrances  have  been 
paid,  or  if  not  paid,  what  amount  remains  due  thereon,  and  their  order 
among  the  liens  or  incumbrances  severally  held  by  the  said  persons  and 
the  parties  to  said  action,  and  whether  the  amount  remaining  due  thereon 
has  been  secured  in  any  manner,  and  if  secured,  the  nature  and  extent  of 
the  security. 

Kerr,  C.  C.P.,761. 

5537.  Lienholders  must  be  notified  to  appear  before  referee. 

SEC.  595.  The  plaintiff  shall  cause  a  notice  to  be  served  a  reasonable 
time  previous  to  the  day  for  appearance  before  the  referee  appointed,  as 
provided  in  the  last  section,  on  each  person  having  outstanding  liens  of 
record  who  is  not  a  party  to  the  action,  to  appear  before  the  referee  at  a 
specified  time  and  place,  to  make  proof,  by  his  own  affidavit  or  otherwise, 
of  the  true  amount  due  or  to  become  due,  contingently  or  absolutely  thereon. 
In  case  such  person  be  absent,  or  his  residence  be  unknown,  service  may  be 
made  by  publication  of  notice  to  his  agents,  under  the  direction  of  the 
court,  in  such  manner  as  may  be  proper.  The  report  of  the  referee  thereon 
shall  be  made  to  the  court,  and  shall  be  confirmed,  modified,  or  set  aside  and 
a  new  reference  ordered,  as  the  justice  of  the  case  may  require. 

Kerr,  C.  C.  P.,  762. 

5538.  Court  may  order  sale  or  partition. 

SEC.  596.  If  it  be  alleged  in  the  complaint,  and  be  established  by  evi- 
dence, or  if  it  appear  by  the  evidence  without  such  allegation  in  the  com- 
plaint, to  the  satisfaction  of  the  court,  that  the  property,  or  any  part  of 
it,  is  so  situated  that  partition  cannot  be  made  without  great  prejudice  to 
the  owners,  the  court  may  order  a  sale  thereof.  Otherwise,  upon  the 
requisite  proofs  being  made,  it  shall  order  a  partition  according  to  the 
respective  rights  of  the  parties,  as  ascertained  by  the  court,  and  appoint 
three  referees  therefor;  and  shall  designate  the  portion  to  remain 
undivided  for  the  owners  whose  interests  remain  unknown,  or  are  not 
ascertained. 

Kerr,  C.  C.P.,763. 


1625  CIVIL  PRACTICE  Sec.  5543 

5539.  Partition,  how  made. 

SEC.  597.  In  making  the  partition,  the  referee  shall  divide  the  property 
and  allot  the  several  portions  thereof  to  the  respective  parties,  quality  and 
quantity  relatively  considered,  according  to  the  respective  rights  of  the 
parties,  as  determined  by  the  court,  designating-  the  several  portions  by 
proper  landmarks ;  and  may  employ  a  surveyor,  with  the  necessary  assist- 
ants, to  aid  them  therein. 

Kerr,  C.  C.P.,7<>4. 

5540.  Report  of  referees. 

SEC.  598.  The  referees  shall  make  a  report  of  their  proceedings,  specify- 
ing therein  the  manner  of  executing  their  trust,  describing  the  property 
divided  and  the  shares  allotted  to  each  party,  with  a  particular  description 
of  each  share. 

Kerr,  C.  C.  P.,7<>:>. 

5541.  Court  may  set  aside  or  affirm  report— Judgment,  conclusive  upon 

whom. 

SEC.  599.  The  court  may  confirm,  change,  modify  or  set  aside  the  report, 
and,  if  necessary,  appoint  new  referees.  Upon  the  report  being  confirmed, 
judgment  shall  be  rendered  that  such  partition  be  effectual  forever,  which 
judgment  shall  be  binding  and  conclusive: 

1.  On  all  persons  named  as  parties  to  the  action,  and  their  legal  repre- 
sentatives, who  have  at  the  time  any  interest  in  the  property  divided,  or 
any  part  thereof,  as  owners  in  fee,  or  as  tenants  for  life,  or  for  years,  or 
as  entitled  to  the  reversion,  remainder,  or  the  inheritance  of  such  property, 
or  of  any  part  thereof,  after  the  determination  of  a  particular  estate 
therein,  and  who,  by  any  contingency,  may  be  entitled  to  a  beneficial 
interest  in  the  property,  or  who  have  an  interest  in  any  undivided  share 
thereof  as  tenants  for  years,  or  for  life. 

2.  On  all  persons  interested  in  the  property  who  may  be  unknown,  to 
whom  notice  shall  have  been  given  of  the  action  for  partition  by  publica- 
tion; and, 

3.  On  all  other  persons  claiming  from  such  parties  or  persons,  or  either 
of  them,  and  no  judgment  is  invalidated  by  reason  of  the  death  of  any 
party,  after  filing  of  the  report  of  the  referee  and  before  final  judgment 
or  decree;  but  such  judgment  or  decree  is  as  conclusive  against  the  heirs, 
legal  representatives,  or  assigns  of  such  decedent,  as  if  it  had  been  entered 
before  his  death. 

Kerr,  C.  C.  P.,  7f.»i. 

5542.  Judgment  not  to  affect  tenants  for  years. 

SEC.  600.  But  such  judgment  and  partition  shall  not  affect  tenants  for 
years  less  than  ten,  to  the  whole  of  the  property  which  is  the  subject  of  the 
partition. 

Kerr,  C.  C.  P.,  767. 

5543.  Apportionment  of  counsel  fees  and  expenses. 

SEC.  601.  If  it  appear  that  other  actions  or  proceedings  have  been  neces- 
sarily prosecuted  or  defended  by  any  one  of  the  tenants  in  common,  for 
the  protection,  confirmation,  or  perfecting  of  the  title,  or  setting  the 
boundaries,  or  making  a  survey  or  surveys  of  the  estate  partitioned,  the 
court  shall  allow  to  the  parties  to  the  action,  who  have  paid  the  expenses 
of  such  litigation  or  other  proceedings,  all  the  expenses  necessarily 
incurred  therein,  except  counsel  fees,  which  shall  have  accrued  to  the  com- 
mon benefit  of  the  other  tenants  in  common,  with  interest  thereon  from  the 
date  of  making  the  said  expenditures,  and  in  the  same  kind  of  money 
expended  or  paid,  and  the  same  must  be  pleaded  and  allowed  by  the  court, 


Sec.  5544  CIVIL  PRACTICE  1626 

and  included  in  the  final  judgment,  and  shall  be  a  lien  upon  the  share  of 
each  tenant  respectively,  in  proportion  to  his  interest,  and  shall  be  enforced 
in  the  same  manner  as  taxable  costs  of  partition  are  taxed  and  collected. 

Kerr,  C.  C.  P.,  798. 

5544.  Abstract  of  title  in  action  for  partition,  cost  of,  when  allowed. 
SEC.  602.    If  it  appears  to  the  court  that  it  was  necessary  to  have  made 

an  abstract  of  the  title  to  the  property  to  be  partitioned,  and  such  abstract 
shall  have  been  procured  by  the  plaintiff,  or  if  the  plaintiff  shall  have 
failed  to  have  the  same  made  before  the  commencement  of  the  action,  and 
any  one  of  the  defendants  shall  have  had  such  abstract  afterward  made, 
the  cost  of  the  abstract,  with  interest  thereon  from  the  time  the  same  is 
subject  to  the  inspection  of  the  respective  parties  to  the  action,  must  be 
allowed  and  taxed.  Whenever  such  abstract  is  procured  by  the  plaintiff, 
before  the  commencement  of  the  action,  he  must  file  with  his  complaint  a 
notice  that  an  abstract  of  the  title  has  been  made,  and  is  subject  to  the 
inspection  and  use  of  all  the  parties  to  the  action,  designating  therein 
where  the  abstract  will  be  kept  for  inspection.  But  if  the  plaintiff  shall 
have  failed  to  procure  such  abstract  before  commencing  the  action,  and 
any  defendant  shall  procure  the  same  to  be  made,  he  shall,  a,s  soon  as  he 
has  directed  it  to  be  made,  file  a  notice  thereof  in  the  action  with  the  clerk 
of  the  court,  stating  who  is  making  the  same,  and  where  it  will  be  kept 
when  finished.  The  court,  or  the  judge  thereof,  may  direct  from  time  to 
time  during  the  progress  of  the  action,  who  shall  have  the  custody  of  the 
abstract. 

Kerr,  C.  C.  P.,  799. 

5545.  Abstract,  how  made  and  verified. 

SEC.  603.  The  abstract  mentioned  in  the  last  preceding  section  may  be 
made  by  any  competent  searcher  of  records,  and  need  not  be  certified  by 
the  recorder  or  other  officer,  but  instead  thereof  it  must  be  verified  by  the 
affidavit  of  the  person  making  it,  to  the  effect  that  he  believes  it  to  be 
correct;  but  the  same  may  be  corrected  from  time  to  time  if  found  incor- 
rect, under  the  direction  of  the  court. 

Kerr,  C.  C.  P.,  800. 

5546.  Interest  allowed  on  disbursements,  when. 

SEC.  604.  Whenever,  during  the  progress  of  the  action  for  partition, 
any  disbursements  shall  have  been  made,  under  the  direction  of  the  court 
or  the  judge  thereof,  by  a  party  thereto,  interest  must  be  allowed  thereon 
from  the  time  of  making  such  disbursements. 

Kerr,'C.C.P.,801. 

5547.  Lien  on  individual  interest,  charge  on,  what. 

SEC.  605.  When  a  lien  is  on  an  undivided  interest  or  estate  of  any  of  the 
parties,  such  lien,  if  a  partition  be  made,  shall  thenceforth  be  a  charge 
only  on  the  share  assigned  to  such  party,  but  such  share  shall  be  first 
charged  with  its  just  proportion  of  the  costs  of  the  partition,  in  preference 
to  such  lien. 

Kerr,  C.C.P.,769. 

5548.  Estate  for  life  or  years,  how  set  off. 

SEC.  606.  When  a  part  of  the  property  only  is  ordered  to  be  sold,  if  there 
be  an  estate  for  life  or  years  in  an  undivided  share  of  the  whole  property; 
such  estate  may  be  set  off  in  any  part  of  the  property  not  ordered  to  be 
sold. 

Kerr,  C.C.P.,770. 


1627  CIVIL  PRACTICE  Sec.  5554 

5549.  Proceeds  of  sale  of  incnmbered  property,  how  applied. 

SEC.  607.  The  proceeds  of  the  sale  of  the  incumbered  property  shall  be 
applied,  under  the  direction  of  the  court,  as  follows : 

1.  To  pay  its  just  proportion  of  the  general  costs  of  the  action. 

2.  To  pay  the  costs  of  the  reference. 

3.  To  satisfy  and  cancel  of  record  the  several  liens  in  their  order  of 
priority,  by  payment  of  the  sums  due  and  to  become  due ;  the  amount  due 
to  be  verified  by  affidavit  at  the  time  of  payment. 

4.  The  residue  among  the  owners  of  the  property  sold,  according  to 
their  respective  shares  therein. 

Kerr,  C.  C.  P.,  771. 

5550.  Lien  claimant  holding  other  securities,  may  be  .required  to  first 

exhaust  them. 

SEC.  608.  Whenever  any  party  to  an  action  who  holds  a  lien  upon  the 
property,  or  any  part  thereof,  has  other  securities  for  the  payment  of  the 
amount  of  such  lien,  the  court  may,  in  its  discretion,  order  such  securities 
to  be  exhausted  before  a  distribution  of  the  proceeds  of  sale,  or  may  order 
a  just  deduction  to' be  made  from  the  amount  of  the  lien  on  the  property 
on  account  thereof. 

Kerr,  C.C.  P., 772, 

5551.  Proceeds  of  sale,  how  distributed. 

SEC.  609.  The  proceeds  of  sale,  and  the  securities  taken  by  the  referees, 
or  any  part  thereof,  shall  be  distributed  by  them  to  the  persons  entitled 
thereto,  whenever  the  court  so  directs.  But  in  case  no  direction  be  given 
all  such  proceeds  and  securities  shall  be  paid  into  court,  or  deposited 
therein,  or  as  directed  by  the  court. 

Kerr,  ('.('.  P. ,77:;. 

555*2.  AVlien  paid  into  court,  cause  may  be  continued  for  determination 
of  claims. 

SEC.  610.  When  the  proceeds  of  sales  of  any  shares  or  parcels  belonging 
to  persons  who  are  parties  to  the  action,  and  who  are  known,  are  paid 
into  court,  the  action  may  be  continued  as  between  such  parties,  for  the 
determination  of  their  respective  claims  thereto,  which  shall  be  ascertained 
and  adjudged  by  the  court.  Further  testimony  may  be  taken  in  court,  or  by 
a  referee  at  the  discretion  of  the  court,  and  the  court  may,  if  necessary, 
require  such  parties  to  present  the  facts  or  law  in  controversy,  by  plead- 
ings, as  in  an  original  action. 

Kerr,  C.  C.P.,774. 

5553.  Sales  by  referees,  how  made. 

SEC.  611.  All  sales  of  real  property,  made  by  referees  under  this 
chapter,  shall  be  made  by  public  auction  to  the  highest  bidder,  upon  notice 
published  in  the  manner  required  for  the  sale  of  real  property  on  execution. 
The  notice  shall  state  terms  of  sale,  and  if  the  property  or  any  part  of  it 
is  to  be  sold  subject  to  a  prior  estate,  charge,  or  lien,  that  shall  be  stated 
in  the  notice. 

Kerr,  C.  C.P.,775. 

Cited,  Dazet  v.  Landry,  21  Nev.  294  (30  P.  1064). 

5554.  Court  must  direct  terms  of  sale  or  credit—Investment  of  purchase 

money. 

SEC.  612.  The  court  shall,  in  the  order  for  sale,  direct  the  terms  of  credit 
which  may  be  allowed  for  the  purchase  money  of  any  portion  of  the  prem- 
ises of  which  it  may  direct  a  sale  on  credit,  and  for  that  portion  of  which 


Sec.  5555  CIVIL  PRACTICE  1628 

the  purchase  money  is  required,  by  the  provisions  hereinafter  contained, 
to  be  invested  for  the  benefit  of  unknown  owners,  infants,  or  parties  out  of 
the  state. 

Kerr,  C.  C.P.,776. 

Cited,  Dazet  v.  Landry,  21  Nev.  294  (30  P.  1064). 

5555.  Referees  may  take  securities  for  purchase  money. 

SEC.  613.  The  referees  may  take  separate  mortgages  and  other  securities 
for  the  whole  or  convenient  portions  of  the  purchase  money,  of  such  parts 
of  the  property  as  are  directed  by  the  court  to  be  sold  on  credit,  for  the 
shares  of  any  known  owner  of  full  age,  in  the  name  of  such  owner,  and  for 
the  shares  of  an  infant,  in  the  name  of  the  guardian  of  such  infant,  and  for 
other  shares,  in  the  name  of  the  clerk  of  the  county  and  his  successors  in 
office. 

Kerr,  C.  C.P.,777. 

5556.  Tenants,  whose  estate  sold,  to  receive  compensation. 

SEC.  614.  The  person  entitled  to  a  tenancy  for  life  or  years,  whose 
estate  shall  have  been  sold,  shall  be  entitled  to  receive  such  sum  as  may 
be  deemed  a  reasonable  satisfaction  for  such  estate,  and  which  the  person 
so  entitled  may  consent  to  accept  instead  thereof,  by  an  instrument  in 
writing,  filed  with  the  clerk  of  the  court.  Upon  the  filing  of  such  consent, 
the  clerk  shall  enter  the  same  in  the  minutes  of  the  court. 

Kerr,  C.C.P.,778. 

5557.  Idem— Court  may  fix  such  compensation. 

SEC.  615.  If  such  consent  be  not  given,  filed  and  entered,  as  provided 
in  the  last  section,  at  or  before  a  judgment  of  sale  is  rendered,  the  court 
shall  ascertain  and  determine  what  proportion  of  the  proceeds  of  the  sale, 
after  deducting  expenses,  will  be  a  just  and  reasonable  sum  to  be  allowed 
on  account  of  such  estate,  and  shall  order  the  same  to  be  paid  to  such 
party,  or  deposited  in  court  for  him,  as  the  case  may  require. 

Kerr,  C.  C.P.,779. 

5558.  Court  must  protect  unknown  tenants. 

SEC.  616.  If  the  person  entitled  to  such  estate  for  life  or  years  be 
unknown,  the  court  shall  provide  for  the  protection  of  their  rights  in  the 
same  manner,  as  far  as  may  be,  as  if  they  were  known  and  had  appeared. 

Kerr,  C.  C.  P.,  780. 

5559.  Court  must  secure  value  of  future  interests. 

SEC.  617.  In  all  cases  of  sales,  when  it  appears  that  any  person  has  a 
vested  or  contingent  future  right  or  estate  in  any  of  the  property  sold, 
the  court  shall  ascertain  and  settle  the  proportional  value  of  such  con- 
tingent or  vested  right  or  estate,  and  shall  direct  such  proportion  of  the 
sale  to  be  invested,  secured,  or  paid  over,  in  such  manner  as  to  protect  the 
rights  and  interests  of  the  parties. 

Kerr,  C.  C.P.,781. 

5560.  Terms  and  manner  of  sale  must  be  made  known. 

SEC.  618.  In  all  cases  of  sales  of  property,  the  terms  shall  be  made  known 
at  the  time;  and  if  the  premises  consist  of  distinct  farms  or  lots,  they 
shall  be  sold  separately. 

Kerr,  C.  C.P.,782. 

Cited,  Dazet  v.  Landry,  21  Nev.  295  (30  P.  1064). 

5561.  Who  may  not  be  purchasers. 

SEC.  619.  Neither  of  the  referees,  nor  any  person  for  the  benefit  of 
either  of  them,  shall  be  interested  in  any  purchase ;  nor  shall  a  guardian 


1629  CIVIL  PRACTICE  Sec.  5568 

of  an  infant  party  be  interested  in  the  purchase  of  any  real  property, 
being  the  subject  of  the  action,  except  for  the  benefit  of  the  infant.  All 
sales  contrary  to  the  provisions  of  this  section  shall  be  void. 

Kerr,  C.C.P..7S:;. 

5562.    Referees  must  make  report  to  court. 

SEC.  620.  After  completing  a  sale  of  the  property,  or  any  part  thereof 
ordered  to  be  sold,  the  referee  shall  report  the  same  to  the  court,  with  a 
description  of  the  different  parcels  of  land  sold  to  each  purchaser,  the 
name  of  the  purchaser,  the  price  paid  or  secured,  the  terms  and  conditions 
of  the  sale,  and  the  securities,  if  any  taken.  The  report  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  where  the  property  is  situated. 

Kerr,  C.  (\  P.,  7X4. 


Idem—  If  confirmed,  conveyance  may  be  executed. 
SEC.  621.  If  the  sale  be  confirmed  by  the  court,  an  order  shall  be  entered 
directing  the  referees  to  execute  conveyances  and  take  securities  pursuant 
to  such  sale,  which  they  are  hereby  authorized  to  do.  Such  order  may 
also  give  directions  to  them  respecting  the  disposition  of  the  proceeds  of 
the  sale. 

Kerr.  ('.('.  P.,  786. 

5564.  Proceeding  it'  lienliolder  becomes  purchaser. 

SEC.  622.  When  a  party  entitled  to  a  share  of  the  property,  or  an 
incumbrancer  entitled  to  have  his  lien  paid  out  of  the  sale,  becomes  a  pur- 
chaser, the  referees  may  take  his  receipt  for  so  much  of  the  proceeds  of  the 
sale  as  belongs  to  him. 

Kerr,  C.  C,  P.,  786, 

5565.  Conveyances  must  be  recorded,  are  bar  against  parties. 

SEC.  623.  The  conveyances  shall  be  recorded  in  the  county  where  the 
premises  are  situated,  and  shall  be  a  bar  against  all  persons  interested  in 
the  property  in  any  way,  who  shall  have  been  named  as  parties  in  the 
action,  and  against  all  such  parties  and  persons  as  were  unknown  if  the 
summons  has  been  served  by  publication,  and  against  all  persons  claiming 
from  them  or  either  of  them. 

Kerr,  C.  C.  P.,  787. 

Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v.  Grimes,  29  Nev.  58. 

5566.  Proceeds  belonging  to  unknown  owners. 

SEC.  624.  When  there  are  proceeds  of  a  sale  belonging  to  an  unknown 
owner,  or  to  a  person  without  the  state,  who  has  no  legal  representative 
within  it,  the  same  shall  be  invested  in  securities  or  placed  at  interest  for 
the  benefit  of  the  persons  entitled  thereto. 

Kerr,  C.  C.  P.,  788. 

5567.  Investment  must  be  made  in  name  of  clerk. 

SEC.  625.  When  the  security  of  the  proceeds  of  the  sale  is  taken,  or 
when  an  investment  of  any  such  proceeds  is  made,  it  shall  be  done,  except 
as  herein  otherwise  provided,  in  the  name  of  the  clerk  of  the  county  where 
the  papers  are  filed,  and  his  successors  in  office,  who  shall  hold  the  same 
for  the  use  and  benefit  of  the  parties  interested,  subject  to  the  order  of 
the  court. 

Kerr,  C.  C.P.,789. 

5568.  When  interests  of  parties  ascertained,  securities  to  be  taken  in 

their  names. 

SEC.  626.     When  security  is  taken  by  the  referees  on  a  sale,  and  the 
parties  interested  in  such  security,  by  an  instrument  in  writing  under  their 
103 


Sec.  5569  CIVIL  PRACTICE  1630 

hands  delivered  to  the  referees,  agree  upon  the  shares  and  proportions 
to  which  they  are  respectively  entitled;  or  when  shares  and  proportions 
have  been  previously  adjudged  by  the  court,  such  securities  shall  be  taken 
in  the  names  of,  and  payable  to,  the  parties  respectively  entitled  thereto, 
and  shall  be  delivered  to  such  parties  upon  their  receipt  therefor.  Such 
agreement  and  receipt  shall  be  returned  and  filed  with  the  clerk. 

Kerr,  C.  C.  P.,  790. 

5569.  Duties  of  clerk  concerning  investments. 

SEC.  627.  The  clerk  in  whose  name  a  security  is  taken,  or  by  whom  an 
investment  is  made,  and  his  successors  in  office,  shall  receive  the  interest 
and  principal  as  it  becomes  due,  and  apply  and  invest  the  same  as  the 
court  may  direct,  and  shall  file  in  his  office  all  securities  taken,  and  keep 
an  account  in  a  book  provided  and  kept  for  that  purpose  in  the  clerk's 
office,  free  for  inspection  by  all  persons,  of  investments  and  moneys 
received  by  him  thereon,  and  the  disposition  thereof. 

Kerr,  C.C.P.,791. 

5570.  When  unequal  partition  made,  compensation  to  equalize. 

SEC.  628.  When  it  appears  that  partition  cannot  be  made  equal  between 
the  parties,  according  to  their  respective  rights,  without  prejudice  to  the 
rights  and  interest  of  some  of  them,  and  a  partition  be  ordered  by  judg- 
ment, the  court  may  adjudge  compensation  to  be  made  by  one  party  to 
another,  on  account  of  the  inequality  of  partition.  But  such  compensation 
shall  not  be  required  to  be  made  to  others  by  owners  unknown,  nor  by 
infants,  unless  in  case  of  an  infant  it  appear  that  he  has  personal  property 
sufficient  for  that  purpose,  and  that  his  interests  will  be  promoted  thereby. 

Kerr,  C.  C.P.,792. 

5571.  Share  of  infant  paid  to  guardian. 

SEC.  629.  When  the  share  of  an  infant  is  sold,  the  proceeds  of  the  sale 
may  be  paid  by  the  referee  making  the  sale  to  his  general  guardian  or  the 
special  guardian  appointed  for  him  in  the  action,  upon  giving  the  security 
required  by  law  or  directed  by  order  of  the  court. 

Kerr,  C.  C.  P.,  793. 

5572.  Share  of  insane  persons  to  be  received  by  guardian. 

SEC.  630.  The  guardian  who  may  be  entitled  to  the  custody  and  manage- 
ment of  the  estate  of  an  insane  person,  or  other  person  adjudged  incapable 
of  conducting  his  own  affairs,  whose  interest  in  real  property  shall  have 
been  sold,  may  receive,  in  behalf  of  such  person,  his  share  of  the  proceeds 
of  such  real  property,  from  the  referee,  on  executing  with  sufficient  sure- 
ties an  undertaking  approved  by  a  judge  of  the  court,  that  he  will  faith- 
fully discharge  the  trust  imposed  in  him,  and  will  render  a  true  and  just 
account  to  the  person  entitled,  or  to  his  legal  representatives. 

Kerr,  C.C.P.,794. 

5578.    Guardian  may  consent  to  partition  without  action  and  execute 

releases. 

SEC.  631.  The  general  guardian  of  an  infant  and  the  guardian  entitled 
to  the  custody  and  management  of  the  estate  of  an  insane  person,  or  other 
person  adjudged  incapable  of  conducting  his  own  affairs,  who  is  interested 
in  real  estate  held  in  joint  tenancy,  or  in  common,  or  in  any  other  manner 
so  as  to  authorize  his  being  made  a  party  to  an  action  for  the  partition 
thereof,  may  consent  to  a  partition  without  action,  and  agree  upon  the 
share  to  be  set  off  to  such  infant  or  other  person  entitled,  and  may  execute 
a  release  in  his  behalf  to  the  owners  of  the  shares  of  the  parts  to  which 
they  may  be  respectively  entitled,  upon  an  order  of  the  court. 

Kerr,  C.  C.  P.,  795. 


1631  CIVIL  PRACTICE  Sec.  5579 

•V)74.    Costs  of  partition—  Lien  on  shares  of  parceners. 

SEC.  632.  The  costs  of  partition,  including  fees  of  referees  and  other 
disbursements,  shall  be  paid  by  the  parties  respectively  entitled  to  share 
in  the  lands  divided,  in  proportion  to  their  respective  interests  therein, 
and  may  be  included  and  specified  in  the  judgment.  In  that  case  there 
shall  be  a  lien  on  the  several  shares,  and  the  judgment  may  be  enforced  by 
execution  against  such  shares,  and  against  other  property  held  by  the 
respective  parties.  When,  however,  a  litigation  arises  between  some  of 
the  parties  only,  the  court  may  require  the  expenses  of  such  litigation  to 
be  paid  by  the  parties  thereto,  or  any  of  them. 

Km-.  C.  C.  P.  .79(5. 

.V)75.    Court  may  appoint  single  referee. 

SEC.  633.  The  court,  with  the  consent  of  the  parties,  may  appoint  a 
single  referee,  instead  of  three  referees,  in  the  proceedings  under  the  pro- 
visions of  this  chapter,  and  the  single  referee,  when  thus  appointed,  shall 
have  all  the  powers  and  perform  all  the  duties  required  of  the  three 
referees. 

K.-rr,  C.  C.  P.,7i»7. 

557T».    Court  may  order  rriVives  to  divide  mining  claims. 

SEC.  634.  When  the  action  is  for  partition  of  a  mining  claim  among  the 
tenants  in  common,  joint  tenants,  coparceners  or  partners  thereof,  the 
court,  upon  good  cause  shown  by  any  party  or  parties  in  interest,  may, 
instead  of  ordering  partition  to  be  made  in  manner  as  hereinbefore  pro- 
vided, or  a  sale  of  the  premises  for  cash,  direct  the  referees  to  divide  the 
claim  in  the  manner  hereinafter  specified. 

Cited,  Da/rt  v.  Landry,  21  Nev.  295(30  him  or  them,  the  court  must  proceed  to 

P.  1064).  «livide  the  claim  as  prescribed  by  statute. 

I?  any  one  or  more  of  the  cotenants  files  A  sworn  answer  setting  up  the  same  matter 

an  aHidavit  showing  that  the  sale  of  an  is  equivalent  to  the  affidavit  required.  Dall 

mining  claim  would  be  injurious  to  v.  Confidence  S.  M.  Co.,  3  Nev.  531,  533. 


5577.  Mem—  Court  mav  fix  time  for  division. 

SEC.  635.  The  court  shall,  in  its  order,  or  by  a  subsequent  order  made 
upon  motion,  fix  the  time  for  division  of  the  claim  by  the  referees,  which 
shall  not  be  less  than  twenty  nor  more  than  forty  days  from  the  day  of 
making  the  order,  except  by  consent  of  all  the  parties  in  interest  who  have 
appeared  in  the  action. 

5578.  Idem—  Division,  how  to  be  made  by  referees. 

SEC.  636.  On  the  day  designated  in  the  order,  the  referees  shall  go 
upon  the  claim  to  be  divided,  and  proceed  to  make  division  of  the  same 
as  hereinafter  provided,  and  shall  continue  from  day  to  day  until  the 
whole  business  is  completed. 

5579.  Idem—  Parties  may  unite  for  purposes  of  division—  Order  of  court 

to  govern. 

SEC.  637.  Two  or  more  of  the  tenants  in  common,  joint  tenants,  copart- 
ners, or  parceners,  may  unite  together  for  the  purposes  of  such  division,  of 
which  they  shall  give  the  referees  written  notice  before  they  commence  the 
business  of  division  ;  and  all  who  do  not  unite  as  aforesaid  or  give  notice  of 
separate  action,  shall,  for  the  purposes  of  division,  be  deemed  and  held  to 
have  united.  The  referees  in  their  action  shall  recognize  those  named  in 
the  order  of  the  court,  or  their  agents  and  attorneys  in  fact,  duly  appointed 
by  instrument  in  writing,  and  acknowledged  as  in  cases  of  conveyance 
of  real  estate,  the  guardian  of  an  infant,  and  the  guardian  entitled  to  the 
custody  and  management  of  the  estate  of  an  insane  person  or  other  person 


Sec.  5580  CIVIL  PRACTICE  1632 

adjudged  incapable  of  conducting  his  own  affairs,  and  as  to  the  interest 
of  each,  shall  be  controlled  entirely  by  the  order  of  the  court. 

5580.  Portions  sold  at  auction— Referees  to  mark  olt*  portions  sold. 
SEC.  638.    At  the  time  and  place  of  division,  one  of  the  referees  to  be 

selected  by  them  shall,  in  the  manner  of  public  auction,  offer  to  the  party 
or  parties  who  will  take  the  least  part  or  portion  of  said  mining  claim  in 
proportion  to  the  interest  he  or  they  may  have  therein,  the  privilege  of 
first  selecting  the  place  .at  which  his  portion  shall  be  located,  and  upon 
closing  the  bids  the  referees  shall  proceed  to  measure  and  mark  off,  by 
distinct  metes  and  bounds,  to  the  lowest  bidder,  his  or  their  portion  of 
said  mining  claim,  at  the  place  designated  by  them  or  him,  according  to 
the  terms  of  his  or  their  bid. 

5581.  Remainder  of  bids  after  first  bidder,  how  marked  oft— Parties 

remaining,  to  become  owners  of  what. 

SEC.  639.  When  the  referees  have  marked  off  and  set  apart  the  interest 
of  the  lowest  bidder,  as  provided  in  the  last  section,  they  shall  offer  to  the 
remaining  parties  the  privilege  of  selection  as  in  said  section  mentioned 
and  described,  and  shall,  upon  closing  the  bids,  proceed  in  the  same  manner 
to  locate  and  mark  off  the  portion  of  the  lowest  bidder,  and  shall  thereafter 
continue  in  the  same  manner  to  receive  bids  and  mark  off  the  interest  of 
the  bidder  or  bidders  until  there  shall  remain  but  one  party  in  interest, 
or  parties  united,  forming  one  interest,  as  provided  in  section  637.  The 
party  or  parties  remaining  shall  become  the  owner  or  owners,  as  the  case 
may  be,  of  the  entire  claim  not  marked  off  and  set  apart  to  the  other 
parties  as  hereinbefore  provided,  in  proportion  to  their  respective  inter- 
ests in  the  claim. 

5582.  Report  of  referees,  what  to  be  returned  with. 

SEC.  640.  The  referees  shall  return  with  their  report  in  this  act 
required  to  be  made  by  them,  the  evidences  of  authority  presented  to  them 
by  persons  other  than  the  parties  mentioned  in  the  order  of  the  court  by 
which  they  claim  the  right  to  bid,  or  otherwise  act,  during  the  proceedings 
hereinbefore  mentioned. 

5583.  Expenses  of  referees  apportioned  among  parties. 

SEC.  641.  The  expenses  of  the  referees,  including  those  of  a  surveyor 
and  his  assistant,  when  employed,  shall  be  ascertained  and  allowed  by  the 
court,  and  the  amount  thereof,  together  with  the  fees  allowed  by  law  to 
the  referees,  shall  be  apportioned  among  the  different  parties  to  the 
action. 

Kerr,  C.C.P.,768. 

CHAPTER  64 

TERMINATION  OF  LIFE  ESTATE 

5584.  Proceedings  to  determine— Notice— Order. 

SEC.  642.  If  any  person  has  died,  or  shall  hereafter  die,  who  at  the  time 
of  his  death,  was  the  owner  of  a  life  estate  which  terminates  by  reason  of 
his  death,  any  person  interested  in  the  property,  or  in  the  title  thereto, 
in  which  such  life  estate  was  held,  may  file  in  the  district  court  of  the 
county  in  which  the  property  is  situated,  his  verified  petition,  setting  forth 
such  facts,  and  thereupon  and  after  such  notice  by  publication  or  other- 
wise, as  the  court  or  judge  may  order,  the  court  or  judge  shall  hear  such 
petition  and  the  evidence  offered  in  support  thereof,  and  if  upon  such 
hearing  it  shall  appear  that  such  life  estate  of  such  deceased  person 
absolutely  terminated  by  reason  of  his  death,  the  court  or  judge  shall 


1633 


CIVIL  PRACTICE 


See.  5587 


lake  an  order  to  that  effect,  and  thereupon  a  certified  copy  of  such  order 
lay  be  recorded  in  the  office  of  the  county  recorder. 

Kerr,  C.  ('.  P.,  1723;  Utah,  357:>. 

CHAPTER  65 

FORCIBLE  ENTRY  AND  DETAINER 


l-hitry  to  be  made  only  when  legal  and 

in  peaceable  manner. 
.V.M;.   Forcible  entry  defined. 

Forcible   detainer   defined. 
5588.   Unlawful  detainer  defined. 

Tenant  of  agricultural  lands  may   hold 

over  if  not  notified. 
.")."!»( i.   Tenant    has    similar    remedies    against 

subtenant. 

Notice  to  quit,  how  served. 
Only    tenant    and    subtenant    need    be 

made   defendants — Exception. 
.")."< i::.   Complaint  and  summons,  what  to  con 

ta  in  —  Service. 

.">.",! 1 1.  Issue    of    fact    tried    by    jury     unless 
waived. 


.">.">!)<;. 
.~>.~>H7. 
5598. 


5600. 

~><i()l. 


.liio:;. 
5604. 
5605. 


I  'roof  required  of  respective  parties  — 

What  possession  a  bar. 
Amendments    to    conform    to    proof  — 

KlVect. 
Adjournment,  when  may  be  made  and 

for  how  long. 
Idem  —  No    adjournment    when    admis- 

sion that  evidence  would  be  given. 
Judgment  —  Restitution  —  Rent  —  Treble 

damages  —  Stay  of  execution. 
Pleadings  verified. 
Appeal  within  ten  days  —  Undertaking 

—Stay. 
Court    not    to    dismiss    or    quash    pro- 

ceedings for  want  of  form. 
Civil  procedure  applicable. 
Jurisdiction. 
Writ  of  restitution  —  Form   of. 


5585.     Entry  to  !><•  made  only  when  lejral  and  in  peaceable  manner. 

SEC.  643.  No  entry  shall  be  made  into  any  lands,  tenements,  or  other 
possessions,  but  in  cases  where  entry  is  given  by  law;  and  in  such  case, 
only  in  a  peaceable  manner,  not  with  strong  hand,  nor  with  multitude  of 
people. 

Kerr,  C.  C.  1'..  II  ">'.'. 

See  sec.  (i.'JOO. 

Forcible  entry  is  a  misdemeanor  under 
stat>.  isiil.  56*,  sec.  151,  providing  that 
"offenses  rero^ni/ed  by  the  common  law 
and  not  herein  enumerated  shall  be  pun- 
ished." Ex  Parte  Webb,  24  Nev.  241  (51  P. 
1.027). 

.\  demand  of  possession  must  be  made  by 
the  landlord  before  bringing  suit  against  his 
tenant  for  holding  over.  Such  demand  is 
indispensable,  and  is  as  necessary  to  be  made 
before  suit  as  that  the  relation  of  landlord 
and  tenant  should  exist.  Paul  v.  Armstrong, 
1  Nev.  82,  94,  99,  100,  137. 

<  )ur  statute  does  not  require  a  demand  for 
rent  to  be  made  on  the  premises  at  a  late 
hour  of  the  day  the  same  falls  due  in  order 
to  produce  a  forfeiture  of  the  premises 


Mited.     The    only    demand    required    is   the 


\\rit1i-n  demand  for  the  money,  which  must 
be  made  after  the  rent  has  been  three  days 
due.  lloopes  v.  Meyer,  1  Nev.  433,  437,  440, 
442. 

When  rent  is  fixed  at  a  certain  rate  for 
a  .lelinite  period,  an  agreement  without  con- 
sideration to  reduce  the  rent  during  that 
period  is  void.  Idem. 

Every  entry  into  lands  or  tenements  in 
the  actual  possession  of  another,  with  strong 
hand,  or  with  multitude  of  people,  is  forci- 
ble. Lachman  v.  Barnett,  18  Nev.  271  (3  P. 
38). 

A  justice  of  the  peace  has  no  jurisdiction 
of  an  action  for  forcible  entry  and  unlaw- 
ful detainer.  Strozzi  v.  Wines,  24  Nev.  389, 
:;!•<;.  :;97  (55  P.  828);  Peacock  v.  Leonard,  8 
Xev.  84. 


5586.  Forcible  entry  defined. 

SEC.  644.    Every  person  is  guilty  of  a  forcible  entry  who  either : 

1.  By  breaking  open  doors,  windows,  or  other  parts  of  a  house,  or  by 
fraud,  intimidation,  or  stealth,  or  by  any  kind  of  violence  or  circumstance 
of  terror,  enters  upon  or  into  any  real  property ;   or, 

2.  Who,  after  entering  peaceably  upon  real  property,  turns  out  by  force, 
threats,  or  menacing  conduct,  the  party  in  natural  possession. 

Kerr,  C.  C.  P.,  1159;  Utah,  3573. 

5587.  Forcible  detainer  defined. 

SEC.  645.     Every  person  is  guilty  of  a  forcible  detainer  who  either : 

1.  By  force,  or  by  menaces  or  threats  of  violence,  unlawfully  holds  and 

keeps  the  possession  of  any  real  property,  whether  the  same  was  acquired 

peaceably  or  otherwise;  or, 


Sec.  5588  CIVIL  PRACTICE  1634 

2.  Who  in  the  nighttime,  or  during  the  absence  of  the  occupant  of  any 
real  property,  unlawfully  enters  thereon,  and  who,  after  demand  made 
for  the  surrender  thereof,  refuses  for  the  period  of  three  days  to  surrender 
the  same  to  such  former  occupant.  The  occupant  of  real  property  within 
the  meaning  of  this  subdivision  is  one  who,  within  five  days  preceding  such 
unlawful  entry,  was  in  the  peaceable  and  undisturbed  possession  of  such 
lands. 

Kerr,  C.  C.  P.,  1160;  Utah,  3574. 

5588.    Unlawful  detainer  defined. 

SEC.  646.  A  tenant  of  real  property,  for  a  term  less  than  life,  is  guilty 
of  an  unlawful  detainer : 

1.  Where  he  continues  in  possession,  in  person  or  by  subtenant,  of  the 
property  or  any  part  thereof,  after  the  expiration  of  the  term  for  which 
it  is  let  to  him.      In  all  cases  where  real  property  is  leased  for  a  specified 
term  or  period,  or  by  express  or  implied  contract,  whether  written  or 
parol,  the  tenancy  shall  be  terminated  without  notice  at  the  expiration 
of  such  specified  term  or  period ;  or, 

2.  When,  having  leased  real  property  for  an  indefinite  time,  without 
monthly  or  other  periodic  rent  reserved,  he  continues  in  possession  thereof, 
in  person  or  by  subtenant,  after  the  end  of  any  such  month  or  period, 

/?  in  cases  where  the  landlord,  fifteenjlays^or  more  prior  to  the  end  of  such 
month  or  period,  shall  have  servecT  notice  requiring  him  to  quit  the  prem- 
ises at  the  expiration  of  such  month  or  period ;  or,  in  cases  of  tenancy  at 
will  where  he  remains  in  possession  of  such  premises  after  the  expiration 
of  a  notice  of  not  less  than  five  days. 

3.  When  he  continues  in  possession,  in  person  or  by  subtenant,  after 
default  in  the  payment  of  any  rent  and  after  a  notice  in  writing  requiring 
in  the  alternative  the  payment  of  the  rent  or  the  surrender  of  the  detained 
premises,  shall  have  remained  uncomplied  with  for  the  period  of  three 
days  after  service  thereof.     Such  notice  may  be  served  at  any  time  after 
the  rent  becomes  due. 

4.  When  he  assigns   or  sublets   the   leased  premises   contrary   to   the 
covenants  of  the  lease,  or  commits  or  permits  waste  thereon,  or  when  he 
sets  up  or  carries  on  therein  or  thereon  any  unlawful  business,  or  when  he 
suffers,  permits,  or  maintains  on  or  about  said  premises  any  nuisance, 
and  remains  in  possession  after  service  upon  him  of  three  days'  notice 
to  quit. 

5.  When  he  continues  in  possession,  in  person  or  by  subtenant,  after 
a  neglect  or  failure  to  perform  any  condition  or  covenant  of  the  lease 
or  agreement  under  which  the  property  is  held,  other  than  those  herein- 
before mentioned,  and  after  notice,  in  writing,  requiring  in  the  alternative 
the  performance  of  such  condition  or  covenant,  or  the  surrender  of  the 
property,  served  upon  him,  and,  if  there  be  a  subtenant  in  actual  occupa- 
tion of  the  premises,  also  upon  such  subtenant,  shall  remain  uncomplied 
with  for  five  days  after  the  service  thereof.    Within  three  days  after  the 
service,  the  tenant,  or  any  subtenant  in  actual  occupation  of  the  premises, 
or  any  mortgagee  of  the  term,  or  other  person,  interested  in  its  continuance, 
may  perform  such  condition  or  covenant  and  thereby  save  the  lease  from 
forfeiture;    provided,  that  if  the  covenants  and  conditions  of  the  lease, 
violated  by  the  lessee,  cannot  afterwards  be  performed,  then  no  notice  as 
last  prescribed  herein  need  be  given. 

Kerr,  C.  C.  P.,  1161;  Utah,  3575;  Wash.  (1896),  4776. 

See  Paul  v.  Armstrong,  1  Nev.  96,  under  real  estate  or  rent  due,  and  for  damages  for 
sec.  643  of  this  act;  Hoopes  v.  Meyer,  1  Nev.  deprivation  of  the  premises,  where  defend- 
433,  under  same  section.  ant  in  his  answer  admits  the  execution  of 

A  justice  court  has  jurisdiction  to  render  the  lease  and  the  payment  of  rent  under  it, 
judgment  for  plaintiff  for  the  restitution  of  as  such  admission  establishes  the  relation 


. 


1635  CIVIL  PRACTICE  Sec.  5598 


:> 


of  landlord  and  tenant.     Fitchett  v.  Henley,  sent   of  his  landlord,  a   new  tenancy  for   a 

::i  Nt>v.  :\'26,  332  (102  P.  86).  like  term  is  created.     Fitton  v.  Hamilton,  (J 

Where  a  tenant  under  a  lease  for  a  term  Nev.  196,  20± 

ss  than   a   year  holds   over   with   the   con- 

5589.  Tenant  of  agricultural  lands  may  hold  over  if  not  notified. 

SEC.  647.  In  all  cases  of  tenancy  upon  agricultural  land  where  the 
tenant  has  held  over  and  retained  possession  for  more  than  sixty  days 
after  the  expiration  of  his  term,  without  any  demand  of  possession  or 
notice  to  quit  by  the  landlord,  or  the  successor  in  estate  of  his  landlord, 
if  any  there  be,  he  shall  be  deemed  to  be  holding  by  permission  of  the 
landlord  or  the  successor  in  the  estate  of  his  landlord,  if  any  there  be,  and 
shall  be  entitled  to  hold  under  the  terms  of  the  lease  for  another  full  year, 
and  shall  not  be  guilty  of  an  unlawful  detainer,  during  said  year,  and  such 
holding  over  for  the  period  aforesaid  shall  be  taken  and  construed  as  a 
consent  on  the  part  of  the  tenant  to  hold  for  another  year. 

K.-rr,  C.  C.  P.,llfil;  I'tnli.  :5o7(i. 

5590.  Tenant  has  similar  mnnlies  against  subtenant. 

SEC.  648.  A  tenant  may  take  proceedings  similar  to  those  prescribed 
in  this  chapter,  to  obtain  possession  of  the  premises  let  to  any  under- 
tenant, in  case  of  his  unlawful  detention  of  the  premises  underlet  to  him. 

Krrr.  C.  C.  P.,  IHil:  Utah,  3577, 

5591.  Notice  to  <|iiit.  lio\v  served. 

SEC.  649.  The  notices  required  by  the  preceding  sections  may  be  served, 
either : 

1.  By  delivering  a  copy  to  the  tenant  personally ;  or, 

2.  If  he  is  absent  from  his  place  of  residence,  or  from  his  usual  place  of 
business,  by  leaving  a  copy  with  some  person  of  suitable  age  and  discretion 
at  either  place,  and  sending  a  copy  through  the  mail  addressed  to  the 
tenant  at  his  place  of  residence  or  place  of  business ;  or, 

3.  If  such  place  of  residence  or  business  cannot  be  ascertained,  or  a 
person  of  suitable  age  or  discretion  cannot  be  found  there,  then  by  fixing 
a  copy  in  a  conspicuous  place  on  thje  leased  property,  and  also  delivering  a 
copy  to  a  person  there  residing,  if  such  person  can  be  found,  and  also 
sending  a  copy  through  fhe  mail  addressed  to  the  tenant  at  the  place 
where  the  leased  property  is  situated.     Service  upon  a  subtenant  may  be 
made  in  the  same  manner. 

Kerr,  C.  C.  P.,  11(52;  Utah,  :to7X. 

5592.  Only  tenant  and  subtenant  nml  b<»  made  defendants— Exception. 
SEC.  650.    No  person  other  than  the  tenant  of  the  premises  and  the 

subtenant  if  there  be  one  in  actual  occupation  of  the  premises  when  the 
action  is  commenced,  need  be  made  parties  defendant  in  the  proceeding,  nor 
shall  any  proceeding  abate,  nor  the  plaintiff  be  nonsuited  for  the  non- 
joinder of  any  person  who  might  have  been  made  a  party  defendant;  but 
when  it  appears  that  any  of  the  parties  served  with  process  or  appearing 
in  the  proceeding  are  guilty  of  the  offense  charged,  judgment  must  be 
rendered  against  him.  In  case  a  person  has  become  subtenant  of  the 
premises  in  controversy  after  the  service  of  any  notice  in  this  chapter 
provided  for,  the  fact  that  such  notice  was  not  served  on  such  subtenant 
shall  constitute  no  defense  to  the  action.  All  persons  who  enter  under 
the  tenant,  after  the  commencement  of  the  action  hereunder,  shall  be 
bound  by  the  judgment  the  same  as  if  they  had  been  made  parties  to  the 
action. 

Kerr,  C.  C.  P.,  1164;  Wash.  (1896) ,  4780;  Utah,  3579. 

5598.    Complaint  and  summons, what  to  contain— Service. 

SEC.  651.     The  plaintiff  in  his  complaint,  which  shall  be  in  writing,  must 


See.  5594  CIVIL  PRACTICE  1636 

set  forth  the  facts  on  which  he  seeks  to  recover,  and  describes  the  premises 
with  reasonable  certainty,  and  may  set  forth  therein  any  circumstances 
of  fraud,  force,  or  violence  which  may  have  accompanied  the  alleged 
forcible  entry,  or  forcible  or  unlawful  detainer,  and  claim  damages  there- 
for, or  compensation  for  the  occupation  of  the  premises  or  both.  In  case 
the  unlawful  detainer  charged  be  after  default  in  the  payment  of  rent,  the 
complaint  must  state  the  amount  of  such  rent.  The  summons  shall  be 
issued  and  served  as  in  other  cases,  but  the  court,  judge  or  justice  of  the 
peace  may  shorten  the  time  within  which  the  defendant  shall  be  required 
to  appear  and  defend  the  action,  in  which  case  the  officer  or  person  serving 
the  summons  shall  change  the  prescribed  form  thereof  to  conform  to  the 
time  of  service  as  ordered ;  provided,  that  where  publication  is  necessary 
the  court  shall  direct  publication  for  a  period  of  not  less  than  one  week. 

Kerr,  C.  C.  P.,  1166;  Wash.  (1896),  4781;  Utah,  3580. 

5594.  Issue  of  fact  tried  by  jury  unless  waived. 

SEC.  652.  Whenever  an  issue  of  fact  is  presented  by  the  pleadings,  it 
must  be  tried  by  a  jury,  unless  such  jury  be  waived  as  in  other  cases. 

Kerr,  C.  C.  P.,  1171;  Utah,  3581. 

5595.  Proof  required  of  respective  parties— What  possession  a  bar. 
SEC.  653.    On  the  trial  of  any  proceeding  for  any  forcible  entry  or 

forcible  detainer,  the  plaintiff  shall  only  be  required  to  show,  in  addition 
to  the  forcible  entry  or  forcible  detainer  complained  of,  that  he  was 
peaceably  in  the  actual  possession  at  the  time  of  the  forcible  entry,  or 
was  entitled  to  possession  at  the  time  of  the  forcible  detainer.  The 
defendant  may  show  in  his  defense  that  he  or  his  ancestors,  or  those 
whose  interest  in  such  premises  he  claims,  have  been  in  the  quiet  possession 
thereof  for  the  space  of  one  whole  year  together  next  before  the  com- 
mencement of  the  proceedings,  and  that  his  interest  therein  is  not  then 
ended  or  determined ;  and  such  showing  is  a  bar  to  the  proceedings. 

Kerr,  C.  C.  P.,  1172;  Utah,  3582. 

See  Lachman  v.  Barnett,  under  sec.  643  of  can  only  excuse  himself  when  he  is  kept  out 

this  act.  of  possession  by  one  who  has  a  legal  right 

The  expression  that  a  tenant  can  only  to  do  so,  and  not  a  mere  trespasser  against 

excuse  himself  from  paying  rent  when  whom  he  has  his  remedy.  Hoopes  v.  Meyer,  1 

evicted  by  paramount  title,  means  that  he  Nev.  433,  441. 

5596.  Amendments  to  conform  to  proof— Effect, 

SEC.  654.  When,  upon  the  trial  of  any  proceeding  under  this  chapter, 
it  appears  from  the  evidence  that  the  defendant  has  been  guilty  of  either  a 
forcible  entry  or  forcible  or  unlawful  detainer,  and  other  than  the  offense 
charged  in  the  complaint,  the  judge  must  order  that  such  complaint  be 
forthwith  amended  to  conform  to  such  proofs.  Such  amendment  must  be 
without  any  imposition  of  terms.  No  continuance  must  be  permitted 
upon  account  of  such  amendment,  unless  the  defendant,  by  affidavit  filed, 
shows,  to  the  satisfaction  of  the  court,  good  cause  therefor. 

Kerr,  C.  C.  P.,  1173;  Utah,  3583. 

5597.  Adjournment,  when  may  be  made  and  for  how  long. 

SEC.  655.  The  court  or  justice  of  the  peace  may  for  good  cause  shown 
adjourn  the  trial  of  any  cause  under  this  chapter,  not  exceeding  five  days; 
and  when  the  defendant,  his  agent  or  attorney,  shall  make  oath  that  he 
cannot  safely  proceed  to  trial,  for  want  of  some  material  witness,  naming 
him,  stating  the  evidence  that  he  expects  to  obtain,  showing  that  he  has 
used  due  diligence  to  obtain  such  witness,  and  believes  that  if  an  adjourn- 
ment be  allowed  he  will  be  able  to  procure  the  attendance  of  such  witness, 
or  his  deposition,  in  time  to  produce  the  same  upon  the  trial;  in  which 
case,  if  such  person  or  persons  will  give  bond,  with  one  or  more  sufficient 


' 


637  CIVIL  PRACTICE  Sec,  5601 

sureties,  conditioned  to  pay  the  said  complainant  for  all  rent  that  may 
accrue  during  the  pending  of  such  suit,  and  all  costs  and  damages  conse- 
quent upon  such  adjournment,  the  court  or  justice  of  the  peace  shall 
adjourn  said  cause  for  such  reasonable  time  as  may  appear  necessary,  not 
exceeding  thirty  days. 

5598.  Idem— No  adjonrnment  when  admission  that  evidence  would  be 

given. 

SEC.  656.  If  the  complainant  admit  that  the  evidence  stated  in  the 
affidavit  mentioned  in  the  last  preceding  section  would  be  given  by  such 
witness,  and  agree  that  it  be  considered  as  actually  given  on  the  trial,  or 
offered  and  overruled  as  improper,  the  trial  shall  not  be  adjourned. 

5599.  Judgment— Restitution— Rent— Treble  damages— Stay  of  execution. 

SEC.  657.  If,  upon  the  trial,  the  verdict  of  the  jury,  or,  if  the  case  be 
tried  without  a  jury,  the  finding  of  the  court,  be  in  favor  of  the  plaintiff 
and  against  the  defendant,  judgment  shall  be  entered  for  the  restitution 
of  the  premises ;  and,  if  the  proceeding  be  for  unlawful  detainer  after 
neglect  or  failure  to  perform  any  condition  or  covenant  of  the  lease  or 
agreement  under  which  the  property  is  held,  or  after  default  in  the  pay- 
ment of  rent,  the  judgment  shall  also  declare  the  forfeiture  of  such  lease 
or  agreement.  The  jury,  or  the  court  if  the  proceeding  be  tried  without 
a  jury,  shall  also  assess  the  damages  occasioned  to  the  plaintiff  by  any 
forcible  entry,  or  by  any  forcible  or  unlawful  detainer,  and  any  amount 
found  due  the  plaintiff  by  reason  of  waste  of  the  premises  by  the  defendant 
curing  the  tenancy,  alleged  in  the  complaint  and  proved  on  the  trial,  and 
find  the  amount  of  any  rent  due,  if  the  alleged  unlawful  detainer  be  after 
default  in  the  payment  of  rent;  and  the  judgment  shall  be  rendered 
against  the  defendant  guilty  of  the  forcible  entry,  or  forcible  or  unlawful 
detainer,  for  the  rent  and  for  three  times  the  amount  of  the  damages  thus 
assessed.  When  the  proceeding  is  for  an  unlawful  detainer  after  default 
in  the  payment  of  the  rent,  and  the  lease  or  agreement  under  which  the 
rent  is  payable  has  not  by  its  terms  expired,  execution  upon  the  judgment 
shall  not  be  issued  until  the  expiration  of  five  days  after  the  entry  of  the 
judgment,  within  which  time  the  tenant,  or  any  subtenant,  or  any  mort- 
gagee of  the  term,  or  other  party  interested  in  its  continuance,  may  pay 
into  court  for  the  landlord  the  amount  of  the  judgment  and  costs,  and 
thereupon  the  judgment  shall  be  satisfied,  and  the  tenant  be  restored  to 
his  estate;  but  if  payment,  as  herein  provided,  be  not  made  within  the 
five  days,  the  judgment  may  be  enforced  for  its  full  amount,  and  for  the 
possession  of  the  premises.  In  all  other  cases  the  judgment  may  be 
enforced  immediately. 

Kerr,  C.  C.  P.,  1174;  Utah,  35*4. 

As  to  treble  damages,  see  Hoopes  v.  Meyer,  1  Nev.  441,  448. 

5600.  Pleadings  verified. 

SEC.  658.     The  complaint  and  answer  must  be  verified. 

Kerr,  C.  C.  P.,  1175;  Utah,  3585. 

5601.  Appeal  within  ten  days— Undertaking— Stay. 

SEC.  659.  Either  party  may,  within  ten  days,  appeal  from  the  judgment 
rendered.  But  an  appeal  by  the  defendant  shall  not  stay  the  execution 
of  the  judgment,  unless,  within  said  ten  days,  he  shall  execute  and  file 
with  the  court  or  justice  his  undertaking  to  the  plaintiff,  with  two  or  more 
sureties,  in  an  amount  to  be  fixed  by  the  court  or  justice,  but  which  shall 
not  be  less  than  twice  the  amount  of  the  judgment  and  costs,  to  the  effect 
that,  if  the  judgment  appealed  from  be  affirmed  or  the  appeal  be  dismissed, 
the  appellant  will  pay  the  judgment  and  the  cost  of  appeal,  the  value  of  the 


Sec,  5602  CIVIL  PRACTICE  1638 

use  and  occupation  of  the  property,  and  damages  justly  accruing  to  the 
plaintiff  during  the  pendency  of  the  appeal.  Upon  taking  the  appeal  and 
filing  the  undertaking,  all  further  proceedings  in  the  case  shall  be  stayed. 

Kerr,  C.  C.  P.,  978;  Utah,  3586. 

5602.  Court  not  to  dismiss  or  quash  proceedings  for  want  of  form. 

SEC.  660.  In  all  cases  of  appeal  under  this  chapter,  the  appellate  court 
shall  not  dismiss  or  quash  the  proceedings  for  want  of  form ;  provided,  the 
proceedings  have  been  conducted  substantially  according  to  the  provisions 
of  this  chapter;  and  amendments  to  the  complaint,  answer,  or  summons, 
in  matters  of  form  only,  may  be  allowed  by  the  court,  at  any  time  before 
final  judgment,  upon  such  terms  as  may  be  just;  and  all  matters  of  excuse, 
justification,  or  avoidance  of  the  allegations  in  the  complaint,  may  be  given 
in  evidence  under  the  answer. 

5603.  Civil  procedure  applicable. 

SEC.  661.  The  provisions  of  this  act,  relative  to  civil  actions,  appeals, 
and  new  trials,  so  far  as  they  are  not  inconsistent  with  the  provisions  of 
this  chapter,  apply  to  the  proceedings  mentioned  in  this  chapter. 

Kerr,  C.  C.  P.,  1177;  Utah,  3587. 

5604.  Jurisdiction. 

SEC.  662.  Any  justice  of  the  proper  county  shall  have  jurisdiction  con- 
curring with  the  district  courts  of  all  actions  for  the  possession  of  lands 
and  tenements  where  the  relation  of  landlord  and  tenant  exists,  or  when 
such  possession  has  'been  unlawfully  or  fraudulently  obtained  or  withheld. 

Kerr,  C.  C.  P.,  1163. 
See  Const.,  sec.  323. 

5605.  Writ  of  restitution— Form  of. 

SEC.  663.  The  writ  of  restitution  issued  by  a  justice  of  the  peace  shall 
be  substantially  in  the  following  form :  The  State  of  Nevada  to  the  sheriff 

or  constable  of  the  county  of ,  greeting:  Whereas,  A.  B.,  of 

the  county  of at  a  court  of  inquiry  of  an  unlawful  holding 

over  of  lands,  tenements,  and  other  possessions,  held  at  my  office  (stating 

the  place),  in  the  county  aforesaid,  on  the day  of ,  A.  D , 

before  me,  a  justice  of  the  peace  for  the  county  aforesaid,  by  the  considera- 
tion of  the  court,  has  recovered  judgment  against  C.  D.,  to  have  restitution 
of  (here  describe  the  premises  as  in  the  complaint) .  You  are  therefore 
commanded,  that  taking  with  you  the  force  of  the  county,  if  necessary, 
you  cause  the  said  C.  D.  to  be  immediately  removed  from  the  aforesaid 
premises,  and  the  said  A.  B.  to  have  peaceable  restitution  of  the  same; 
and  you  are  also  commanded  that  of  the  goods  and  chattels  of  the  said 

C.  D.,' within  said  county,  you  cause  to  be  made  the  sum  of dollars 

for  the  said  plaintiff,  together  with  the  costs  of  suit  indorsed  hereon,  and 
make  return  hereof  within  thirty  days  from  this  date.  Given  under  my 

hand,   this day  of ,   A.   D E.   F.,  justice  of  the 

peace. 

CHAPTER  66 
EMINENT   DOMAIN 

5606.  May  be  exercised  in   behalf   of  what       5612.  Contents  of  complaint. 

uses.  5613.  All  parties  in  interest  may  appear. 

5607.  Estates    and    rights    subject    to    con-       5614.  Power  of  the  court. 

demnation.  5615.  Occupancy  of  premises  pending  action 

5608.  Property  subject  to  condemnation.  — Notice  —  Hearing  proof — Bond  — 

5609.  Conditions  precedent  to  condemnation.  Restraining  order. 

5610.  Right  to  enter  to  make  survey — Dam-  5615.  Damages,  how  assessed. 

age.  5617.  Damages   deemed   accrued   at    date   of 

5611.  Jurisdiction    in     district    court — Com-  service. 

plaint  verified. 


CIVIL  PRACTICE  Sec.  5606 

118.  Action  begun  anew  where  defendant's      5624.  Procedure  applicable. 

title  defective.  5625.  Bights  of  cities  and  towns  not  affected. 

119.  Damages  to  be  paid  within  thirty  days       5626.  Crossings    to    be    made    and    kept    in 

— Bond  for  railroad  fence.  repair. 

520.  Idem — To    whom    paid — Execution    if  5627.  Condemnation  by  railroad  companies. 

not  paid — Annulling  proceedings.  5628.  When  two  railroad  companies  may  have 
121.   Final     order     made     upon     payment —  right   over   same   territory — Change 

Recording  same.  and    expense    of    reconstruction    of 

Authorizing   occupancy   by   plaintiff —  way  or  road. 

Deposit — Payment — Effect.  "•••2s».   Bight    may    be    exercised    by    foreign 
.li'ii!:;.  Apportionment  of  costs.  corporations. 

5(><M;.     May  b<»  cxrrrisod  in  behalf  of  what  uses. 

SEC.  664.     Subject  to  the  provisions  of  this  chapter,  the  right  of  eminent 
domain  may  be  exercised  in  behalf  of  the  following  public-use^-: 

1.  All  public  uses  authorized  by  the  government  of  the  United  States. 

2.  Public  buildings  and  grounds  for  the  use  of  the  state,  and  all  other 
public  uses  authorized  by  the  legislaturey 

3.  Public  buildings  and  grounds  for  the  use  of  any  county,  incorporated 
city  or  town,  or  school  district;  reservoirs,  water  rights,  canals,  aqueducts, 
flumes,  ditches  or  pipes  for  conducting  water  for  the  use  of  the  inhabitants 
of  any  county,  or  incorporated  city  or  town,  or  for  draining  any  county, 
or  incorporated  city  or  town ;   for  raising  the  banks  of  streams,  removing 
obstructions,  therefrom,  and  widening,  deepening,  or  straightening  their 
channels;  for  roads,  streets,  and  alleys,  and  all  other  public  uses  for  the 
benefit  of  any  county,  incorporated  city  or  town,  or  the  inhabitants  thereof. 

4.  Wharves,   docks,   piers,  chutes,   booms,  ferries,   bridges,  toll  roads, 
by-roads,  plank  and  turnpike  roads,  roads  for  transportation  by  traction 
engines  or  road  locomotives,  roads  for  logging  or  lumbering  purposes, 
and  railroads  and  street  railways  for  public  transportation. 

5.  Reservoirs,  dams,  water-gates,  canals,  ditches,  flumes,  tunnels,  aque- 
ducts, and  pipes  for  supplying  persons,  mines,  mills,  smelters,  or  other 
works,  for  the  reduction  of  ores,  with  water  for  domestic  and  other  uses, 
or  for  irrigating  purposes,  or  for  draining  and  reclaiming  lands,  or  for 
floating  logs  and  lumber  on  streams  not  navigable. 

6.  Roads,  railroads,  tramways,  tunnels,  ditches,  flumes,  pipes  and  dump- 
ing places  to  facilitate  the  milling,  smelting,  or  other  reduction  of  ores, 
or  the  working  of  mines,  and  for  all  mining  purposes ;   outlets,  natural  or 
otherwise,  for  the  deposit  or  conduct  of  tailings,  refuse,  or  water  from 
mills,  smelters  or  other  works  for  the  reduction  of  ores,  or  from  mines, 
mill  dams,  natural  gas  or  oil  pipe  lines,  tanks,  or  reseryoirs;    also  an 
occupancy  in  common  by  the  owners  or  possessors  of  different  mines, 
mills,  smelters  or  other  places  for  the  reduction  of  ores,  of  any  place  for 
the  flow,  deposit  or  conduct  of  tailings  or  refuse  matter;    also  necessary 
land  upon  which  to  erect  smelters  and  to  operate  the  same  successfully, 
including  deposition  of  fine  flue  dust,  fumes  and  smoke. 

7.  By-roads  leading  from  highways  to  residences  and  farms. 

8.  Telegraph,   telephone,  electric  light,   and  electric  power  lines,   and 
sites  for  electric  light  and  power  plants. 

9.  Sewerage  of  any  city,  or  town,  or  of  any  settlement  of  not  less  than 
ten  families,  or  of  any  public  building  belonging  to  the  state,  or  of  any 
college  or  university. 

10.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts,  and  pipes  for 
supplying  and  storing  water  for  the  operation  of  machinery  for  the  pur- 
pose of  generating  and  transmitting  electricity  for  power,  light  or  heat. 

11.  Cemeteries  or  public  parks. 

12.  Pipe  lines  for  the  purpose  of  conducting  any  and  all  liquids  con- 
nected with  the  manufacture  of  beet  sugar. 

Kerr,  C.  C.  P.,  12.'W;  Utah,  3 


Sec.  5607  CIVIL  PRACTICE  1640 

The  act  of  1875,  111,  whereby  the  mining,  The  object  for  which  private  property  is 

smelting    or    other    reduction    of    ores    was  to  be  taken  must  not  only  be  of  great  public 

declared   a   public   use,   and  the   exercise   of  benefit   and  for  the  paramount  interests  of 

the  right  of  eminent  domain  granted  there-  the  community,  but  the  necessity  must  exist 

for,  has  had  the  following  citations:  for    the    exercise    of    the    right    of    eminent 

The  said  act  declared  constitutional.  Day-  domain.     Idem. 

ton  G.  &  S.  M.  Co.  v.  Seawell,  11  Nev.  394-  Condemnation  of  land,  what  held  to  be  a 

399;  Overman  S.  M.  Co.  v.  Corcoran,  15  Nev.  necessity   for.     Overman   S.   M.    Co.   v.   Cor- 

147,  150.  coran,  15  Nev.  147,  150. 

When  the  legislative  power  of  appropria-  In  an   action  of  ejectment,  condemnation 

tion  of  the  private  property  of  a  citizen  is  proceedings    for    the    premises    in     dispute 

attempted  to  be  exercised,  the  true  test  of  which  are  still  pending  is  a  defense  to  the 

its   validity  is   whether   or  not  the   use   for  action.     Byrnes  v.  Douglass,  23  Nev.  83,  86 

which  the  property  is  to  be  appropriated  is  (42  P.  798). 

a  "public  use"  within  the  meaning  of  Const.,  The   petition   for   condemnation   gave   the 

sec.  237,  ante.     Idem.  court   jurisdiction   to    make   the    order,   and, 

The  declaration  of  a  "public  use"  by  the  even  if  erroneous,  is  not  open  to  collateral 

legislature  is  not  conclusive  upon  the  courts.  attack.     Idem. 

Idem.  It  is  the  averments  of  the  petition,   and 

Any    appropriation    of    private    property  not  proof  of  them,  that  confers  jurisdiction, 

under  the  right  of  eminent  domain  for  any  Idem. 

purpose  of  great  public  benefit,  interest  or  Cited,   Ex   Parte   Boyce,   27   Nev.    331  (65 

advantage  to  the  community,  is  a  taking  for  L.  E.  A.  47,  75  P.  1). 
a  public  use.     Idem. 

5607.  Estates  and  rights  subject  to  condemnation. 

SEC.  665.    The  following  is  a  classification  of  the  estates  and  rights  in 
lands  subject  to  be  taken  for  public  use: 

1.  A  fee  simple,  when  taken  for  public  buildings  or  grounds  or  for 
permanent  buildings,  for  reservoirs  and  dams,  and  permanent  flooding 
occasioned  thereby,  or  for  an  outlet  for  a  flow,  or  a  place  for  the  deposit 
of  debris  or  tailings  of  a  mine,  mill,  smelter,  or  other  place  for  the  reduc- 
tion of  ores. 

2.  An  easement,  when  taken  for  any  other  use. 

Kerr,  C.  C.  P.,  1239;  Utah,  3589. 

5608.  Property  subject  to  condemnation. 

SEC.  666.     The  private  property  which  may  be  taken  under  this  chapter 
includes : 

1.  All  real  property  belonging  to  any  person,  company  or  corporation. 

2.  Lands  belonging  to  the  state,  or  to  any  county,  or  incorporated  city 
or  town,  not  appropriated  to  some  public  use. 

3.  Property  appropriated  to  public  use;    provided,  that  such  property 
shall  not  be  taken  unless  for  a  more  necessary  public  use  than  that  to 
which  it  has  been  already  appropriated. 

4.  Franchises  for  toll  roads,  toll  bridges,  ferries,  and  all  other  fran- 
chises;  provided,  that  such  franchises  shall  not  be  taken  unless  for  free 
highways,  railroads,  or  other  more  necessary  public  use. 

5.  All  rights  of  way  for  any  and  all  purposes  mentioned  in  section  664, 
and  any  and  all  structures  and  improvements  thereon,  and  the  lands  held 
or  used  in  connection  therewith,  shall  be  subject  to  be  connected  with, 
crossed,  or  intersected  by  any  other  right  of  way  or  improvement  or 
structure  thereon.     They  shall  also  be  subject  to  a  limited  use  in  common 
with  the  owner  thereof,  when  necessary;    but  such  uses  of  crossings, 
intersections,  and  connections  shall  be  made  in  the  manner  most  compatible 
with  the  greatest  public  benefit  and  the  least  private  injury. 

6.  All  classes  of  private  property  not  enumerated  may  be  taken  for 
public  use  when  such  taking  is  authorized  by  law. 

Kerr,  C.  C.  P.,  1240;  Utah,  3590. 

5609.  Conditions  precedent  to  condemnation. 

SEC.  667.    Before  property  can  be  taken  it  must  appear : 

1.  That  the  use  to  which  it  is  to  be  applied  is  a  use  authorized  by  law. 


* 


CIVIL  PRACTICE  Sec.  5614 

2.  That  the  taking  is  necessary  to  such  use. 

3.  If  already  appropriated  to  some  public  use,  that  the  public  use  to 
which  it  is  to  be  applied  is  a  more  necessary  public  use. 

Kerr.  (\  C.  P..  1241:  Utah.  3591. 

5610.  Ri<rht  to  enter  to  make  survey— Damage. 

SEC.  668.  In  all  cases  where  land  is  required  for  public  use,  the  person 
corporation  or  its  agents  in  charge  of  such  use,  may  survey  and  locate 
the  same;  but  it  must  be  located  in  the  manner  which  will  be  most  com- 
patible with  the  greatest  public  good  and  the  least  private  injury,  and 
subject  to  the  provisions  of  this  chapter.  The  person  or  corporation  or  his 
or  its  agents  in  charge  of  such  public  use,  may  enter  upon  the  land  and 
make  examinations,  surveys,  and  maps  thereof,  and  such  entry  shall  con- 
stitute no  cause  of  action  in  favor  of  the  owners  of  the  lands,  except  for 
actual  damages  sustained  and  all  injuries  resulting  from  negligence, 
wantonness,  or  malice. 

Kerr,  C.  C.  P.,  1242;  Hah.  :J.V.»2. 

5611.  Jurisdiction  in  district  court— Complaint  verified. 

SEC.  669.  All  proceedings  under  this  chapter  must  be  brought  in  the 
district  court  for  the  county  in  which  the  property  or  some  part  thereof  is 
situated.  The  complaint  in  such  cases  must  be  verified,  and  the  party 
instituting  any  such  proceedings  shall  file  with  the  recorder  of  each  county 
in  which  any  of  the  property  is  situated  a  notice  of  the  pendency  of  the 
action. 

Kerr.  C.  C,  1'..  121:1:  I'tah.  :;.V.»:5. 

5612.  Contents  of  complaint. 

SEC.  670.     The  complaint  must  contain : 

1.  The  name  of  the  court  in  which  the  action  is  commenced. 

2.  The  name  of  the  corporation,  association,  commission,  or  person  in 
charge  of  the  public  use  for  which  the  property  is  sought,  who  must  be 
styled  plaintiff. 

3.  The  names  of  all  owners,  occupants  and  claimants  of  the  property,  if 
known,   or   a   statement  that   they  are   unknown,   who   must   be   styled 
defendants. 

4.  A  statement  of  the  right  of  the  plaintiff. 

5.  If  a  right  of  way  be  sought,  the  complaint  must  show  the  location/ 
general  route,  and  termini,  and  must  be  accompanied  with  a  map  thereof, 
so  far  as  the  same  is  involved  in  the  action  or  proceeding. 

6.  A  description  of  each  piece  of  land  sought  to  be  taken,  and  whether 
the  same  includes  the  whole  or  only  part  of  an  entire  parcel  or  tract.     All 
parcels  lying  in  the  county  and  required  for  the  same  public  use  may  be 
included  in  the  same  or  separate  proceedings,  at  the  option  of  the  plaintiff, 
but  the  court  may  consolidate  or  separate  them  to  suit  the  convenience  of 
parties ;  provided,  however,  that  each  defendant,  at  his  option,  may  have  a 
separate  trial. 

Kerr,  C.  C.  P.,  1244;  Utah,  3594. 

5618.    All  parties  in  interest  may  appear. 

SEC.  671.  All  persons  in  occupation  of,  or  having  or  claiming  an  inter- 
est in,  any  of  the  property  described  in  the  complaint,  or  in  the  damages 
for  the  taking  thereof,  though  not  named,  may  appear,  plead,  and  defend, 
each  in  respect  to  his  own  property  or  interest,  or  that  claimed  by  him,  in 
like  manner  as  if  named  in  the  complaint. 

Kerr,  C.  C.  P.,  1246;  Utah,  3595. 

5614.    Power  of  the  court. 

SEC.  672.     The  court  or  judge  thereof  shall  have  power : 

1.  To  determine  the  conditions  specified  in  section  667 ;  to  determine  the 


Sec.  5615  CIVIL  PRACTICE  1642 

places  of  making  connections,  crossings,  cattle  guards  and  culverts,  and  to 
regulate  the  manner  thereof,  and  of  enjoying  the  common  use  mentioned 
in  the  fifth  subdivision  of  section  666. 

2.  To  hear  and  determine  all  adverse  or  conflicting  claims  to  the  prop- 
erty sought  to  be  condemned,  and  to  the  damages  therefor. 

3.  To  determine  the  respective  rights  of  different  parties  asking  con- 
demnation of  the  same  property. 

Kerr,  C.  C.  P.,  1247;  Utah,  3596. 

5615.  Occupancy  of  premises  pending:  action— Notice— Hearing— Proof- 

Bond— Restraining  order. 

SEC.  673.  The  plaintiff  may  move  the  court  or  a  judge  thereof,  at  any 
time  after  the  commencement  of  suit,  on  notice  for  such  time  as  the  court 
or  judge  may  direct  to  the  defendant,  if  he  is  a  resident  of  the  county,  or 
has  appeared  in  the  action,  otherwise  by  serving  a  notice  directed  to  him 
on  the  clerk  of  the  court,  for  an  order  permitting  the  plaintiff  to  occupy 
the  premises  sought  to  be  condemned,  pending  the  action,  and  to  do  such 
work  thereon  as  may  be  required  for  the  easement  sought,  according  to 
its  nature.  The  court  or  a  judge  thereof  shall  take  proof  by  affidavit  or 
otherwise,  of  the  value  of  the  premises  sought  to  be  condemned  and  of  the 
damages  which  will  accrue  from  the  condemnation,  and  of  the  reasons 
for  requiring  a  speedy  occupation,  and  shall  grant  or  refuse  the  motion 
according  to  the  equity  of  the  case  and  the  relative  damages  which  may 
accrue  to  the  parties.  If  the  motion  is  granted,  the  court  or  judge  shall 
require  the  plaintiff  to  execute  and  file  in  court  a  bond  to  the  defendant, 
with  sureties,  to  be  approved  by  the  court  or  judge  in  a  penal  sum  to  be 
fixed  by  the  court  or  judge,  not  less  than  double  the  value  of  the  premises 
sought  to  be  condemned  and  the  damages  which  will  ensue  from  con- 
demnation and  occupation,  as  the  same  may  appear  to  the  court  or  judge 
on  the  hearing,  and  conditioned  to  pay  the  adjudged  value  of  the  premises 
and  all  damages,  in  case  the  property  is  condemned,  and  to  pay  all  damages 
arising  from  occupation  before  judgment  in  case  the  premises  are  not 
condemned,  and  all  costs  adjudged  to  the  defendant  in  the  action.  The 
sureties  shall  justify  before  the  court  or  judge,  after  a  reasonable  notice 
to  the  defendant  of  the  time  and  place  of  justification.  The  amounts  fixed 
shall  be  for  the  purpose  of  the  motion  only,  and  shall  not  be  admissible  in 
evidence  on  final  hearing.  The  court  or  judge  may  also,  pending  the 
action,  restrain  the  defendant  from  hindering  or  interfering  with  the 
occupation  of  the  premises  and  the  doing  thereon  of  the  work  required  for 
the  easement. 

Utah,  3597. 

5616.  Damages,  how  assessed. 

SEC.  674.  The  court,  jury,  commissioners,  or  referee  must  hear  such 
legal  testimony  as  may  be  offered  by  any  of  the  parties  to  the  proceedings, 
and  thereupon  must  ascertain  and  assess : 

1.  The  value  of  the  property  sought  to  be  condemned  and  all  improve- 
ments thereon  pertaining  to  the  realty,  and  of  each  and  every  separate 
estate  or  interest  therein;  if  it  consists  of  different  parcels,  the  value  of 
each  parcel  and  of  each  estate  or  interest  therein  shall  be  separately 
assessed. 

2.  If  the  property  sought  to  be  condemned  constitutes  only  a  part  of  a 
large  parcel,  the  damages  which  will  accrue  to  the  portion  not  sought  to  be 
condemned,  by  reason  of  its  severance  from  the  portion  sought  to  be  con- 
demned, and  the  construction  of  the  improvement  in  the  manner  proposed 
by  the  plaintiff. 

3.  If  the  property,  though  no  part  thereof  is  taken,  will  be  damaged  by 


CIVIL  PRACTICE  See.  5620 

e    construction    of   the    proposed    improvement,    the    amount    of    such 
mages. 

4.  Separately,  how  much  the  portion  not  sought  to  be  condemned,  and 
each  estate  or  interest  therein,  will  be  benefited,  if  at  all,  by  the  construc- 
tion of  the  improvement  proposed  by  the  plaintiff ;  and  it  the  benefit  shall 
be  equal  to  the  damages  assessed,  under  subdivision  2  of  this  section,  the 
owner  of  the  parcel  shall  be  allowed  no  compensation  except  the  value  of 
the  portion  taken;    but  if  the  benefit  shall  be  less  than  the  damages  so 
assessed,  the  former  shall  be  deducted  from  the  latter,  and  the  remainder 
shall  be  the  only  damages  allowed  in  addition  to  the  value  of  the  portion 
taken. 

5.  If  the  property  sought  to  be  condemned  be  for  a  railroad,  the  cost  of 
good  and  sufficient  fences  along  the  line  of  such  railroad  between  such 
railroad  and  other  adjoining  lands  of  the  defendant;  and  the  cost  of  cattle 
guards  where  fences  may  cross  the  line  of  such  railroads. 

6.  As  far  as  practicable,  compensation  must  be  assessed  for  each  source 
of  damages  separately. 

K.-rr.  ('.  ('.  P.,  I'-MS;  Ctah.  3598, 

5017.     Damans  deemed  accrued  at  date  of  service. 

SEC.  675.  For  the  purpose  of  assessing  compensation  and  damages,  the 
right  thereto  shall  be  deemed  to  have  accrued  at  the  date  of  the  service  of 
summons,  and  its  actual  value  at  that  date  shall  be  the  measure  of  com- 
pensation for  all  property  to  be  actually  taken,  and  the  basis  of  damages 
to  property  not  actually  taken,  but  injuriously  affected,  in  all  cases  where 
such  damages  are  allowed,  as  provided  in  the  last  section.  No  improve- 
ments put  upon  the  property  subsequent  to  the  date  of  service  of  summons, 
shall  be  included  in  the  assessment  of  compensation  or  damages. 

K.-rr.  ('.('.  P.,  12-4 '.»:  Ctah.  :;:>«. »'.». 

5618.  Action  licirun  anew  where  defendant's  title  defective. 

SEC.  676.  If  the  title  attempted  to  be  acquired  is  found  to  be  defective 
from  any  cause,  the  plaintiff  may  again  institute  proceedings  to  acquire 
the  same  as  in  this  chapter  prescribed. 

K.-rr,  ("'.  ('.  I'.,  1  •_':>(>;  I'tah.  :5r,m. 

5619.  Damages  to  be  paid  within  thirty  days— Bond  for  railroad  fence. 
SEC.  677.     The  plaintiff  must,  within  thirty  days  after  final  judgment, 

pay  the  sum  of  money  assessed ;  and,  if  the  plaintiff  is  a  railroad  company, 
it  shall  also  execute  to  the  defendant  a  bond,  with  sureties  to  be  determined 
and  approved  by  the  court  or  judge,  conditioned  that  the  plaintiff  shall 
build  proper  fences  through  any  enclosed  field  before  commencing  actual 
construction.  In  an  action  on  the  bond  all  damages  sustained  and  the 
cost  of  the  construction  of  such  fences  and  cattle  guards,  with  a  reasonable 
attorney  fee,  to  be  fixed  by  the  court,  may  be  recovered. 

Kerr,  C.  C.  P.,  1251;  Utah,  3601. 

5620.  Idem— To  whom  paid— Execution  if  not  paid— Annulling:  proceed- 

ings. 

SEC.  678.  Payment  may  be  made  to  the  defendants  entitled  thereto,  or 
the  money  may  be  deposited  in  court  for  defendants  and  be  distributed  to 
those  entitled  thereto.  If  the  money  be  not  so  paid  or  deposited,  the 
defendants  may  have  execution  as  in  civil  cases ;  and  if  the  money  cannot 
be  made  on  execution,  the  court,  upon  a  showing  to  that  effect,  must  set 
aside  and  annul  the  entire  proceedings,  and  restore  possession  of  the  prop- 
erty to  the  defendants,  if  possession  has  been  taken  by  the  plaintiff. 

Kerr,  C.  C.  P.,  1252;  Utah,  3(>02. 


Sec.  5621  CIVIL  PRACTICE  1644 

5621.  Final  order  made  upon  payment— Recording  same. 

SEC.  679.  When  payments  have  been  made  (and  the  bond  given,  if  the 
plaintiff  be  required  to  give  one) ,  as  required  by  the  last  two  sections,  the 
court  must  make  a  final  order  of  condemnation,  which  must  describe  the 
property  condemned  and  the  purpose  of  such  condemnation.  A  copy  of 
the  order  must  be  filed  in  the  office  of  the  recorder  of  the  county,  and  there- 
upon the  title  to  the  property  described  therein  shall  vest  in  the  plaintiff 
for  the  purpose  therein  specified. 

Kerr,  C.  C.  P.,  1253:  Utah,  3603. 

5622.  Authorizing  occupancy  by  plaintiff—  Deposit— Payment— Effect. 
SEC.  680.    At  any  time  after  the  entry  of  judgment,  or  pending  an  appeal 

from  the  judgment  to  the  supreme  court,  whenever  the  plaintiff  shall  have 
paid  into  court  for  the  defendant  the  full  amount  of  the  judgment,  and 
such  further  sum  as  may  be  required  by  the  court  as  a  fund  to  pay  any 
further  damages  and  costs  that  may  be  recovered  in  said  proceedings,  as 
well  as  all  damages  that  may  be  sustained  by  the  defendant,  if  for  any  cause 
the  property  shall  not  be  finally  taken  for  public  use,  the  district  court 
in  which  the  proceeding  was  tried  may,  upon  notice  of  not  less  than  ten 
days,  authorize  the  plaintiff,  if  already  in  possession,  to  continue  therein, 
and  if  not,  then  to  take  possession  of  and  use  the  property  during  the 
pendency  of  and  until  the  final  conclusion  of  the  litigation,  and  may, 
if  necessary,  stay  all  actions  and  proceedings  against  the  plaintiff  on 
account  thereof.  The  defendant,  who  is  entitled  to  the  money  paid  into 
court  for  him  upon  any  judgment,  shall  be  entitled  to  demand  and  receive 
the  same  at  any  time  thereafter  upon  obtaining  an  order  therefor  from  the 
court.  It  shall  be  the  duty  of  the  court  or  judge  thereof,  upon  application 
being  made  by  such  defendant,  to  order  and  direct  that  the  money  so  paid 
into  court  for  him  be  delivered  to  him  upon  his  filing  a  satisfaction  of  the 
judgment,  or  upon  his  filing  a  receipt  therefor,  and  an  abandonment  of  all 
defenses  to  the  action  or  proceeding,  except  as  to  the  amount  of  damages 
that  he  may  be  entitled  to  in  the  event  that  a  new  trial  shall  be  granted. 
A  payment  to  a  defendant,  as  aforesaid,  shall  be  held  to  be  an  abandonment 
by  such  defendant  of  all  defenses  interposed  by  him,  excepting  his  claim  for 
greater  compensation. 

Kerr,  C.  C.  P.,  1254;  Utah,  3604. 

5623.  Apportionment  of  costs. 

SEC.  681.  Costs  may  be  allowed  or  not,  and  if  allowed,  may  be  appor- 
tioned between  the  parties  on  the  same  or  adverse  sides,  in  the  discretion 
of  the  court. 

Kerr,  C.  C.  P.,  1255;  Utah,  3605. 

5624.  Procedure  applicable. 

SEC.  682.  Except  as  otherwise  provided  in  this  chapter,  the  provisions 
of  this  act  relative  to  civil  actions,  new  trials,  and  appeals  shall  be  appli- 
cable to  and  constitute  the  rules  of  practice  in  the  proceedings  in  this 
chapter. 

Kerr,  C.  C.  P.,  1256;  Utah,  3606. 

5625.  Rights  of  cities  and  towns  not  affected. 

SEC.  683.  Nothing  in  this  chapter  shall  be  construed  to  abrogate  or 
repeal  any  statute  provided  for  the  taking  of  property  in  any  city,  town 
or  county  for  street  or  highway  purposes. 

Kerr,  C.  C.  P.,  1263;  Utah,  3607. 

5626.  Crossings  to  be  made  and  kept  in,  repair. 

SEC.  684.     A  party  obtaining  a  right  of  way  shall,  without  delay,  con- 


1645  CIVIL  PRACTICE  Sec.  5629 

struct  such  crossings  and  culverts  as  may  be  required  by  the  court  or 
judge,  and  shall  keep  them  and  the  way  itself  in  good  repair. 
Utah,  3608. 

5627.  Condemnation  by  railroad  companies. 

SEC.  685.  Any  company  incorporated  under  the  laws  of  this  state, 
or  constructing  or  operating  a  railway  in  this  state,  in  addition  to  other 
rights  conferred,  shall  have  power  to  enter,  by  its  servants,  upon  the 
real  property  of  any  person,  for  the  purpose  of  selecting  an  advantageous 
route  for  its  main  line  or  any  branch  thereof,  or  for  the  purpose  of 
relocating  its  line,  subject  to  responsibility  for  all  damages  resulting  there- 
from; to  acquire  Jby  purchase,  donation,  or  otherwise,  all  such  real  and 
personal  property  as  may  be  necessary  for, or  maybe  given  to  aid  or  encour- 
age the  construction  and  maintenance  of  its  railroad  and  for  its  build- 
ings and  yards;  to  condemn,  in  the  manner  provided  by  law,  a  right 
of  way  with  such  additional  lands  as  may  be  necessary  for  depot  grounds 
or  for  the  purpose  of  constructing  necessary  embankments,  excavations, 
ditches,  drains  and  culverts;  to  cross  natural  or  artificial  streams  or 
bodies  of  water,  streets,  highways,  or  railroads  which  its  road  may  inter- 
sect, and  in  such  manner  as  to  afford  security  for  life  and  property 
and  subject  to  the  duty  of  immediately  restoring  such  course  or  body  of 
water,  street,  highway,  or  railway  to  its,  former  condition,  as  nearly  as 
may  be;  to  cross,  intersect,  join,  or  unite  its  railroad  with  any  other  rail- 
road, either  before  or  after  the  construction,  at  any  point  upon  its  route, 
and  upon  the  grounds  of  such  other  railroad  corporation,  with  the  neces- 
sary turnouts,  sidings  and  switches,  and  other  conveniences  in  furtherance 
of  the  objects  of  its  connections,  and  every  corporation  whose  railroad  is  or 
shall  be  hereafter  intersected  by  any  new  railroad,  shall  unite  with  the 
owners  of  such  new  railroad  in  forming  such  intersections  and  connections, 
and  grant  facilities  therefor;  to  construct  and  operate  spurs  or  branch 
lines  of  railroad  connecting  with  the  main  line  or  any  branch  thereof,  not 
to  exceed  five  miles  in  length  each,  though  such  spurs  or  branch  lines  be 
not  named  or  described  in  the  articles  of  incorporation,  and  to  relocate 
any  section  or  sections  of  its  lines  between  the  principal  termini,  with  the 
same  powers  as  in  the  case  of  original  or  first  locations. 

See  Railroads,  sees.  3o.'i">  .sr>.~>(). 

5628.  When  two  railroad  companies  may  have  right  over  same  territory- 

Change  and  expense  of  reconstruction  of  way  or  road. 

SEC.  686.  Any  railroad  company  whose  right  of  way,  or  whose  track 
or  roadbed  upon  such  right  of  way  passes  through  any  canon,  pass  or 
defile,  shall  not  prevent  any  other  railroad  company  from  the  use  or  occu- 
pancy of  said  canon,  pass,  pr  defile  for  the  purposes  of  its  road,  in  com- 
mon with  the  road  first  located,  or  the  crossing  of  other  railroads  at  grade ; 
and  the  location  of  such  right  of  way  through  any  canon,  pass,  or  defile 
shall  not  cause  the  disuse  of  any  wagon  or  other  public  highway  now 
located  therein,  nor  prevent  the  location  through  the  same  of  any  such 
wagon  road,  or  highway  where  such  road,  or  highway  may  be  necessary 
for  the  public  accommodation;  and  where  any  change  in  the  location  of 
such  wagon  road  is  necessary  to  permit  the  passage  of  such  railroad 
through  any  canon,  pass,  or  defile,  said  railroad  company  shall,  before 
entering  upon  the  ground  occupied  by  such  wagon  road,  cause  the  same 
to  be  reconstructed  at  its  own  expense  in  the  most  favorable  location,  and 
in  as  perfect  a  manner  as  the  original  road ;  provided,  that  such  expenses 
shall  be  equitably  divided  between  any  number  of  railroad  companies 
occupying  and  using  the  same  canon,  pass  or  defile. 

5629.  Right  may  be  exercised  by  foreign  corporations. 

SEC.  687.     The  right  of  eminent  domain  is  hereby  granted  to  nonresident 
104 


S<><-.  5630  CIVIL  PRACTICE  1646 

or  foreign  corporations,  which  are  now  organized  or  may  be  organized 
under  the  laws  of  another  state  or  territory,  or  under  any  act  of  Congress, 
and  upon  the  same  terms  and  conditions  as  any  resident  citizen  or  domestic 
corporation ;  provided,  however,  that  before  any  corporation  organized  or 
incorporated  otherwise  than  under  the  laws  of  this  state  shall  be  entitled 
to  any  of  the  rights  granted  by  this  chapter,  it  must  first  comply  with  all 
laws  of  this  state  prescribing  the  conditions  in  which  such  foreign  corpora- 
tion may  be  authorized  to  do  business  within  the  state  or  within  any  county 
of  the  state  wherein  it  seeks  to  exercise  the  right  of  eminent  domain. 

CHAPTER  67 
LOST  RECORDS  AFFECTING  REAL  PROPERTY,  RESTORATION  OF 

5630.  Lost  records  rerecorded  .under  date  of       5638.  Limitations  affecting  restored  records. 

original    record  —  Affidavit  —  Force       5639.  Restored  records  validated. 

of  copy.  5640.  Lost    instruments    concerning    matters 

5631.  What    deeds    considered    prima    facie  other  than  real  property  and  water 

evidence,  what  not.  rights  may  be  restored,  how. 

5632.  Records   of   liens,   mortgages   or   judg-       5641.  Procedure     for     restoration     of     lost 

ments  may  be  restored — Subsequent  instruments  not  affecting  real  prop- 
purchasers   or  incumbrancers — Lim-  erty  or  water  rights, 
itations.  •  5642.  Idem — Court  to  issue  citation — Notice 

5633.  Records  of  deeds  or  instruments  affect-  — Citation  not  required  in  naturali- 

ing  title — Wills,  action  to  restore —  zation  matter. 

Parties.  5643.  Service    on    parties    residing    outside 

5634.  Idem — Complaint,     what     to     allege —  county,    how    made — Idem,    outside 

Summons — Waiver — Decree.  state. 

5635.  Character  of   evidence  which   may  be       5644.  Contest  may  be  made,  how — Effect  of 

received.  judgment  restoring  lost  record. 

5636.  Action  brought  in  county  where  prop-       5645.  Limitation     of     record     of     judgment 

erty  situated.  which  has  been  restored. 

5637.  Idem — Division  of  county  after  destruc-       5646.  Costs,  how  taxed. 

tion  of  records. 

5630.  Lost  records  rerecorded  under  date  of  original  record— Affidavit- 

Force  of  copy. 

SEC.  688.  Whenever  the  records,  or  any  material  part  thereof,  of  any 
county  in  this  state  have  been  lost  or  destroyed  by  fire  or  otherwise,  or  shall 
hereafter  be  lost  or  destroyed  by  fire  or  otherwise,  any  map,  plat,  deed, 
conveyance,  contract,  mortgage,  deed  of  trust,  power  of  attorney,  or  other 
instrument  in  writing,  of  whatsoever  nature  or  character,  or  record  in  any 
proceeding  authorized  by  law  to  be  recorded,  affecting  the  title  to  real 
estate  or  water  rights  in  such  county,  which  have  been  heretofore  recorded, 
or  which  may  be  hereafter  recorded,  may  be  rerecorded  in  the  proper  office 
therefor ;  and  in  rerecording  the  same,  the  officer  shall  record  the  certificate 
of  the  previous  record  with  the  date  of  original  filing  for  record  shown  by 
the  official  endorsement  on  such  original  instrument,  which  shall  be  deemed 
and  taken  as  the  date  of  the  recording  of  the  instrument  to  which  it  is 
attached.  Where  the  party  desiring  such  record  shall  produce  to  the 
recorder  an  affidavit  showing  that  the  original  is  lost  or  destroyed,  or  that 
the  same  is  not  in  his  possession  or  control,  a  duly  certified  copy  of  such 
original  may  be  recorded  in  the  same  manner  and  with  the  same  force  and 
effect  as  the  original  under  this  chapter.  Copies  of  records  herein  author- 
ized to  be  made,  duly  certified,  shall  have  the  same  force  and  effect  as 
evidence  as  certified  copies  of  the  original  instrument  or  record. 

5631.  What  deeds  considered  prima  facie  evidence,  what  not. 

SEC.  689.  In  all  cases  where  real  estate  has  been  sold  by  a  sheriff, 
executor,  administrator,  guardian,  assignee,  receiver,  trustee  or  commis- 
sioner of  court,  or  other  person  appointed  or  authorized  by  the  court,  and 
the  record  of  the  action  in  which  such  sale  had  been  made  is  lost  or 
destroyed  by  fire  or  otherwise,  the  deed  to  such  property  made  by  said 


1647  CIVIL  PRACTICE  Sec.  563.3 

sheriff,  executor,  administrator,  guardian,  assignee,  receiver,  trustee,  com- 
missioner of  court,  or  other  person  appointed  or  authorized  by  the  court, 
shall  be  prima  facie  evidence  of  the  legality  and  regularity  of  such  sale,  and 
of  the  correctness  of  the  proceeding  in  the  action  or  proceeding  wherein 
said  property  was  sold  ;  but  the  deeds  made  by  the  treasurer  of  any  county 
of  lands  sold  at  delinquent  or  forfeited  tax  sales  shall  not  be  prima  facie 
evidence  of  the  title  in  the  purchasers  of  such  lands,  and  no  such  presump- 
tion shall  be  indulged  in  favor  of  such  tax  deeds  or  sales  when  the  records 
of  the  sales  and  the  proceedings  upon  which  the  sale  was  based  have  been 
lost  or  destroyed  by  fire  or  otherwise. 


Records  of  liens.  mortjray;es.  judgments  may  he  restored—  Subse- 
quent purchasers  or  incmnlirances—  Limitations. 

SEC.  690.  Whenever  the  record  and  entry  of  any  judgment,  or  the 
record  of  any  mechanic's  lien,  mortgage  or  other  incumbrance  or  lien  upon 
property  is  lost  or  destroyed  by  fire  or  otherwise,  and  the  original  docu- 
ments or  instruments  or  certified  copies  thereof  cannot  be  found,  the  judg- 
ment creditor  or  his  assignee  and  the  person  holding  or  entitled  to  the  said 
mechanic's  lien,  mortgage  or  other  incumbrance  or  lien  on  property,  may, 
as  to  such  judgments,  begin  a  proceeding  in  the  court  wherein  the  same 
was  rendered,  and  as  to  mortgages,  mechanic's  liens  or  other  incumbrances 
or  liens,  begin  a  proceeding  in  any  court  haying  jurisdiction  over  such 
property,  to  have  established  the  fact  of  the  existence,  prior  to  such  loss  or 
destruction,  of  the  record  of  such  judgment,  mortgage,  mechanic's  lien  or 
other  incumbrance  or  lien,  and  the  substance  and  effect  thereof;  and  the 
decree  in  any  such  case  shall  be  recorded  in  the  records  of  the  same  office  in 
which  the  original  judgment,  mortgage,  mechanic's  lien  or  other  incum- 
brance or  lien  was  recorded  or  entered;  provided,  however,  no  judgment, 
mortgage,  mechanic's  lien  or  other  incumbrance  upon  property,  the  record 
whereof  has  been  lost  or  destroyed  as  aforesaid,  shall  continue  to  be  a  lien 
upon  such  property,  or  affect  the  title  thereto  as  against  any  purchaser  for 
value  or  subsequent  lienholder,  unless  the  action  or  proceeding  to  establish 
the  existence  of  such  record,  prior  to  the  loss  or  destruction  thereof  as 
aforesaid,  shall  be  begun  within  six  (6)  months  from  and  after  such  loss 
or  destruction,  or  within  six  (6)  months  from  and  after  the  passage  of 
this  act  where  the  record  was  lost  or  destroyed  prior  to  such  passage,  nor 
shall  any  judgment,  mortgage,  deed  of  trust,  mechanic's  lien  or  other  lien 
or  incumbrance,  the  record  whereof  has  been  lost  or  destroyed  as  aforesaid, 
be  held  binding  and  in  force  or  be  executed  or  foreclosed,  unless  the  action 
or  proceeding  to  reestablish  the  existence  of  such  judgment  or  instrument, 
prior  to  the  destruction  of  the  record  thereof,  shall  be  begun  within  one 
(1)  year  from  and  after  such  loss  or  destruction  or  from  and  after  the 
passage  of  this  act  where  such  record  was  lost  or  destroyed  previous  to 
such  passage. 

5633.    Records  of  deeds  or  instruments  affecting  title—  Wills,  action  to 

restore—  Parties. 

SEC.  691.  Whenever  the  record  of  any  deed  or  other  instrument  affect- 
ing the  title  to  or  concerning  any  interest  in  real  estate  or  water  rights  in 
this  state,  which  is  authorized  or  required  by  law  to  be  recorded,  or  any 
will,  or  the  probate  thereof,  is  lost  or  destroyed  by  fire  or  otherwise,  and 
the  original  of  such  deed  or  will  or  the  probate  thereof,  or  other  instrument, 
or  a  certified  copy  thereof,  cannot  be  found,  any  person  claiming  title  to 
such  real  estate  or  water  right  or  any  interest  under  said  will  may  insti- 
tute a  proceeding  in  the  district  court  of  the  county  in  which  the  property 
so  affected  is  situated,  to  establish  the  fact  of  the  existence,  contents  and 
record  of  such  deed,  will  and  probate  thereof,  or  other  instrument,  prior 


Sec.  5634  CIVIL  PRACTICE  1648 

to  such  loss  or  destruction,  and  the  decree  in  the  case  shall  be  entered  in 
the  proper  office  of  such  county.  Any  person  having  or  claiming  an  inter- 
est in  said  real  estate  or  water  right  or  being  in  possession  and  enjoyment 
thereof,  as  well  as  the  parties  to  the  said  lost  deed  or  other  instrument,  and 
their  privies,  and  all  persons  interested  under  said  will,  shall  be  made 
parties  defendant  in  such  proceeding. 

5634.  Idem— Complaint,  what  to  allege— Summons— Waiver— Decree. 
SEC.  692.    The  proceeding  provided  in  the  foregoing  section  for  the 

restoration  of  lost  records  shall  be  begun  by  filing  a  complaint  in  the  court 
having  jurisdiction  thereof  as  herein  provided,  setting  forth  the  nature, 
character  and  substance  of  the  instrument  and  record  thereof  so  lost  or 
destroyed,  the  date  of  the  loss  or  destruction  as  near  as  may  be,  the  office 
in  which  such  instrument  was  originally  recorded,  with  the  date  when 
same  was  originally  filed  for  record  as  near  as  may  be,  and  that  the  restora- 
tion of  such  records  is  necessary  to  secure  the  legal  rights  of  the  applicant, 
or  of  some  other  person  for  whose  benefit  such  application  is  made,  which 
complaint  shall  be  verified  in  the  manner  provided  for  the  verification  of 
pleadings  in  other  civil  actions,  and  thereupon  summons  shall  issue,  and 
actual  service  thereof,  or  service  by  publication,  shall  be  made  upon  all  per- 
sons interested  in  or  affected  by  said  original  instrument  or  record  in  the 
manner  provided  by  law  for  the  commencement  of  civil  actions ;  provided, 
the  parties  may  waive  the  issuing  or  service  of  summons  and  enter  their 
appearance  to  such  application;  and  upon  hearing  such  application  with- 
out further  pleadings,  if  the  court  or  judge  finds  that  such  instrument  and 
the  record  thereof  have  been  lost  or  destroyed  and  that  neither  such  instru- 
ment, record  or  certified  copy  thereof  can  be  found  or  produced  by  the 
applicant  in  such  proceeding,  and  the  court  or  judge  is  enabled  by  the 
evidence  produced  to  find  the  substance  of  such  instrument  or  record,  an 
order  and  decree  shall  be  made  setting  forth  the  interest  or  record  accord- 
ing to  its  substance  and  effect,  and  requiring  the  proper  officer  to  repro- 
duce such  record  which  shall  recite  the  substance  and  effect  of  said  lost 
or  destroyed  record,  or  part  thereof,  as  found  by  said  order  and  decree, 
and  such  record  shall  have  the  same  effect  as  the  original  record  would 
have  if  the  same  had  not  been  lost  or  destroyed,  so  far  as  it  concerns  the 
rights  of  the  applicant,  or  person  or  parties  so  served  with  summons  or 
entering  their  appearance,  or  persons  claiming  under  them  by  title  acquired 
subsequently  to  the  filing  of  the  application. 

5635.  Character  of  evidence  which  may  be  received. 

SEC.  693.  Upon  the  hearing  of  the  application  provided  in  the  preceding 
sections,  the  court  or  judge  may  admit  in  evidence  oral  testimony,  and  any 
complete  or  partial  abstract  of  such  lost  or  destroyed  instrument,  record, 
docket  entries  or  indexes,  and  any  other  written  evidence  of  the  contents 
or  effect  of  such  instrument  or  record,  or  published  reports  concerning 
such  instrument  or  record  when  the  court  or  judge  is  of  the  opinion  that 
such  abstracts,  writings,  and  publications  were  fairly  and  honestly  made 
before  the  loss  or  destruction  of  such  instrument  or  record. 

5636.  Action  brought  in  county  where  property  situated. 

SEC.  694.  The  district  court  of  any  county  in  which  the  property  is 
situated  which  will  be  affected  by  proceedings  to  restore  lost  records,  as 
provided  in  this  chapter,  shall  have  jurisdiction  of  such  proceedings. 

5637.  Idem— Division  of  county  after  destruction  of  records. 

SEC.  695.  Whenever  a  county  is  segregated  after  the  loss  or  destruction 
of  the  public  records  thereof,  or  any  part  of  such  records,  and  a  portion  of 
its  territory  is  included  in  some  new  county  created  by  act  of  legislature, 


1649  CIVIL  PRACTICE  Sec.  5642 

all  original  instruments  or  duly  certified  copies  of  such  instruments  men- 
tioned in  section  688  shall  be  recorded  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  property  affected  thereby  is  situated  after  such 
segregation,  and  all  proceedings  to  restore  lost  records  as  provided  in  this 
act,  which  are  commenced  after  the  creation  of  such  new  county,  shall  be 
begun  in  the  county  in  which  the  lands  affected  by  such  records  are  then 
situated. 

5638.  Limitations  affecting  restored  records. 

SEC.  696.  Where  any  judgment,  mortgage,  deed  of  trust,  lien  or  the 
record  thereof  has  been  restored  under  this  chapter,  such  judgment, 
mortgage,  deed  of  trust  or  lien  shall  not  continue  to  extend  beyond  the 
limitation  prescribed  by  law  at  the  time  the  original  judgment,  mortgage, 
deed  of  trust  or  lien  was  entered,  recorded  or  created. 

5639.  Restored  records  validated. 

SEC.  697.  Whenever  the  records  or  any  material  part  thereof  of  any 
county  in  this  state  have  been  lost  or  destroyed  by  fire  or  otherwise,  and 
any  map,  plat,  deed  or  other  instrument  in  writing  mentioned  in  section 
688,  affecting  the  title  to  any  real  estate  or  water  rights  in  any  such  county, 
shall  have  been  rerecorded  therein,  or  where  a  duly  certified  copy  of 
such  instrument  shall  have  been  recorded  in  such  county,  prior  to  the 
passage  of  this  act,  the  record  so  made  is  hereby  validated  and  given 
the  same  force  and  effect  as  records  hereafter  restored  in  accordance  with 
the  provisions  of  section  688. 

AFFECTING  OTHER  INSTRUMENTS 

56-10.     Lost  instruments  concerning  matters  other  than  real  property  and 

water  rights  may  !><•  p-Mon-d.  how. 

SEC.  698.  In  all  cases  where  the  records  of  any  judgments,  not  affecting 
real  property  or  water  rights,  which  said  judgments  have  not  expired  by 
limitation,  or  other  records  of  any  court  of  either  general  or  limited  juris- 
diction in  this  state,  and  all  records  of  proceedings  taken  by,  or  in  behalf 
of  any  alien  to  become  a  citizen  of  the  United  States  in  this  state,  have  been 
lost  or  destroyed,  the  same  may  be  restored  and  replaced,  and  become  the 
records  of  said  courts,  in  the  manner  prescribed  in  the  following  sections 
of  this  chapter. 

5641.  Procedure  for  restoration  of  lost  instruments  not  affecting  real 

property  or  water  rights. 

SEC.  699.  When  any  record  of  any  court  in  this  state,  not  affecting  real 
property  or  water  rights,  has  been  lost,  destroyed,  or  defaced,  so  that  its 
contents  cannot  be  distinguished,  the  same  may  be  restored  by  any  party 
interested,  by  making  and  filing  an  affidavit  in  said  court  whose  records  it 
is  proposed  to  restore,  and  that  said  affidavit  shall  set  forth  the  nature 
of  the  action,  demand  or  claim  upon  which  said  lost,  destroyed,  or  defaced 
records  was  obtained,  about  the  date  of  the  discovery  of  its  loss  or  destruc- 
tion as  near  as  may  be,  and  when  the  record  sought  to  be  restored  is  that 
of  a  judgment,  the  affidavit  shall  set  forth  the  amount  and  character  of 
the  judgment  as  nearly  as  can  be  ascertained,  and  in  all  cases  the  affidavit 
shall  set  forth  that  the  restoration  of  said  record  or  records  is  necessary  to 
secure  the  legal  rights  of  the  affiant,  or  of  some  other  person,  for  whose 
benefit  the  record  or  records  is  sought  to  be  restored. 

5642.  Idem— Court  to  issue  citation— Notice— Citation  not  required  in 

naturalization  matter. 

SEC.  700.  Upon  making  and  filing  of  the  said  affidavits,  the  court  or 
the  judge  thereof  shall  thereupon  issue  a  citation  to  all  parties  interested, 


Sec.  5643  CIVIL  PRACTICE  1650 

notifying  them  to  appear  and  show  cause  why  the  record  referred  to  in 
said  case  should  not  be  restored;  and  that  in  said  notice  or  citation  shall 
be  set  forth,  that  the  motion  to  restore  said  lost  record  is  based  upon 
affidavit  on  file  in  said  court,  and  if  the  hearing  of  said  case  is  before  the 
district  court,  ten  days'  notice  shall  be  given  to  all  parties  interested,  and 
if  before  a  justice  court  not  less  than  five  nor  more  than  ten  days'  notice 
shall  be  required;  provided,  that  in  all  cases  of  citizenship  or  naturaliza- 
tion no  citation  is  required  to  issue. 

5648.    Service  on  parties  residing'  outside  county,  how  made— Idem— Out- 
side state. 

SEC.  701.  When  parties  upon  whom  citation  is  required  to  be  served 
reside  outside  of  the  county,  but  within  this  state,  service  shall  be  made  in 
the  same  manner  as  is  prescribed  by  law  for  the  service  of  summons  in 
civil  actions  in  this  state,  and  upon  a  citation  issued  from  a  justice's  court 
under  this  chapter,  the  service  of  the  same  upon  parties  residing  out  of  the 
county,  but  within  the  state,  shall  be  in  the  same  manner  as  that  required 
for  the  service  of  summons  in  civil  actions  in  the  district  courts,  and 
where  the  parties  upon  whom  service  is  required  to  be  made  reside  out  of 
this  state,  service  shall  be  made  by  publication,  in  the  same  manner  as 
is  required  for  service  of  summons  in  civil  cases  in  the  courts  of  this  state. 

5644.  Contest  may  be  made,  how— Effect  of  judgment  restoring-  lost 

record. 

SEC.  702.  In  all  cases  the  parties  interested  shall,  upon  said  motion, 
have  an  opportunity  of  appearing  and  using  counter  affidavits  and  contest- 
ing said  application,  and  if  it  appear  to  the  court  at  the  hearing  that  the 
record  in  said  case  is  lost,  destroyed,  or  defaced,  and  what  its  contents 
were,  it  may  then  make,  order,  or  cause  to  be  made,  a  new  roll  or  record, 
corresponding  to  the  old  one  as  near  as  can  be  done,  and  enter  the  same  as 
of  record  in  said  court,  and  the  matter  thus  substituted  will  thencefor- 
ward be  received  in  all  courts  and  given  in  all  respects  the  same  effect  as 
though  it  were  the  original  record. 

5645.  Limitation  of  record  of  judgment  which  has  been  restored. 

SEC.  703.  Where  any  record  of  a  judgment  has  been  restored  under  this 
chapter  said  judgment  shall  not  continue  or  extend  beyond  the  limitation 
prescribed  by  law  at  the  time  the  original  judgment  so  restored  was 
entered. 

5646.  Costs,  how  taxed. 

SEC.  704.  The  costs  to  be  taxed  upon  an  application  to  restore  a  lost 
or  destroyed  record,  as  provided  in  this  chapter,  shall  be  the  same  as  are 
provided  for  like  service  in  civil  actions,  and  may  be  adjudged  against 
either  or  any  party  to  such  proceeding  or  application,  or  may,  in  the 
discretion  of  the  court,  be  apportioned  between  such  parties. 

CHAPTER  68 
DEATH   BY  WRONGFUL  ACT,  ACTION   FOR 

5647.  Liability  for  death  by  wrongful  act. 

SEC.  705.  Whenever  the  death  of  a  person  shall  be  caused  by  wrongful 
act,  neglect  or  default,  and  the  act,  neglect  or  default  is  such  as  would,  if 
death  had  not  ensued,  have  entitled  the  party  injured  to  maintain  an  action 
and  recover  damages  in  respect  thereof  then,  and  in  every  such  case,  the 
persons  who,  or  the  corporation  which  would  have  been  liable  if  death  had 
not  ensued  shall  be  liable  to  an  action  for  damages  notwithstanding  the 


1651 


CIVIL  PRACTICE 


Sec.  564K 


death  of  the  person  injured;  and  although  the  death  shall  have  been  caused 
under  such  circumstances  as  amount  in  law  to  a  felony. 

Kerr,  C.  C.  P.,:;77. 

The  right  to  bring  an  action  for  death  by 
\\rongfulact  in  a  foreign  jurisdiction  does  not 
rest  upon  principles  of  comity,  but  exists 
because  the  action  is  transitory,  and  not 
local.  Christensen  v.  Floriston  P.  Co.,  29 
Nev.  552,  557  (92  P.  210). 

<  Hurts  will  enforce  a  cause  of  action  for 
death  by  wrongful  act  growing  out  of  the 
i;i\\s  of  another  state,  when  not  contrary  to 
tlic  public  policy  of  the  state  of  the  forum. 
Idem. 

Tln>  public  policy  of  a  state  in  respect  to 
•  MI forcing  the  remedy  in  an  action  for  death 
by  wrongful  act  only  goes  to  the  extent 
that  it  by  legislation  has  changed  tli»>  com 
ino'i  law,  and  unless  the  lex  fori  is  substan- 
tially the  same  as  the  lex  loci,  the  latter 
law  will  not  be  deemed  consistent  with  the 
public  policy  of  the  forum.  Idem. 

Where  the  lex  loci  a  no!  lex  fori  in  respe.-t 
to  actions  for  death  by  negligent  acts  give 
the  Mime  remedy  to  the  same  pei>.ms.  that 
the  former  places  no  restrictions  upon  the 
tiaiiMtory  nature  of  the  action,  while  the 
latter  does,  does  not  affect  the  policy  of 
the  latter  so  far  as  it  reco^ni/.es  the  cause 
of  action  ami  it->  enforcement.  Idem. 

Injury     to     servant      -  Ne.^  licence      -I'roxi 
mate  cause      (Question   for  jury.     In  an  action 
for     death,     the     question     whether     decedent 
juilty    ot'    negligence    proximately    caus- 
ing the  accident    is  for  the  jury.     Idem. 

In  an  action  for  death,  an  abstract  instruc 
lion  that  no  person  has  a  right  to  unneces- 
sarily so  use  his  own  property  as  to 
endanger  the  physical  safety  of  another  is 
not  prejudicial,  where,  when  taken  in  con- 
nection  with  other  instructions,  the  jury 
could  not  have  been  misled.  Idem. 

In  an  action  for  death,  an  instruction  that 
it  is  the  duty  of  a  master  to  provide  a  safe 
place  for  his  servants  to  work,  and  he  can- 
not escape  responsibility  for  a  failure  to  do 


being  no  evidence  of  contributory  negligence. 
Idem. 

Parents  have  a  legal  right  to  financial 
support  from  a  child  during  his  whole  life, 
and  their  right  to  recover  for  his  death  is 
not  affected  by  the  amount  of  his  contribu- 
tions during  his  life,  though  the  same  may 
be  a  material  factor  in  determining  the 
amount  of  damages.  Idem. 

In  an  action  for  the  death  of  a  man  30 
years  old  performing  manual  labor  for  good 
wages,  an  instruction  that  there  was  no  evi- 
dence that  decedent  had  any  expectancy  of 
life  beyond  the  day  of  his  death,  or  that  his 
parents  had  any  expectancy  of  life  beyond 
the  time  of  the  trial,  and  in  the  event  of  a 
fi  ml  ing  for  plaintiff  only  nominal  damages 
should  be  allowed,  was  properly  refused. 
Idem. 

In  an  action  for  death  inllicted  in  another 
state,  the  recovery  of  damages  is  governed 

by    the    lex    loci.'     Idem. 

In  an  action  for  death,  only  actual  mone- 
tary damages  sustained  by  the  person  for 
whose  benefit  the  action  is  brought  are 
reco\  erable,  and,  when  more  than  nominal 
damages  are  claimed,  their  amount  must  be 
largely  determined  upon  questions  of  rela- 
tionship and  dependency  existing  between 
decedent  and  beneficiary  at  the  time  of  his 
death.  Idem. 

While  the  jury  is  allowed  great  latitude 
in  awarding  damages  in  actions  for  tortious 
death  and  their  decision  will  not  be  dis- 
turbed  except  in  extreme  cases,  yet  the  si/.e 
of  the  judgment  must  be  justified  by  the 
evidence.  Idem. 

A  verdict  of  $10,000  for  the  death  of  a 
laborer  :;n  years  old,  earning  $3  a  day,  is 
live,  where  it  does  not  appear  that  he 
contributed  anything  to  his  parents  for 
whose  benefit  the  action  is  brought,  nor  that 
they  are  in  need  of  assistance,  and  there  is 
no  proof  of  the  expectancy  of  life  of  the 
decedent  or  beneficiaries  except  their  ages. 
Idem. 


so  unless  it  is  shown  that  the  servant  was 
guilty  of  "proximate  negligence"  in  the 
assumption  of  obvious  risks  which  resulted 
in  his  injury,  was  not  prejudicial,  there 

5648.    Judgment  for  damages  not  liable  for  debts—  Distribution,  how  made. 

SEC.  706.  The  proceeds  of  any  judgment  obtained  in  any  action  brought 
under  the  provisions  of  this  chapter  shall  not  be  liable  for  any  debt  of  the 
deceased ;  provided,  he  or  she  shall  have  left  a  husband,  wife,  child,  father, 
mother,  brother,  sister,  or  child  or  children  of  a  deceased  child;  but  shall 
be  distributed  as  follows : 

1.  If  there  be  a  surviving  husband  or  wife,  and  no  child,  then  to  such  hus- 
band or  wife ;  if  there  be  a  surviving  husband  or  wife,  and  a  child  or  chil- 
dren, or  grandchildren,  then,  equally  to  each,  the  grandchild  or  children 
taking  by  right  of  representation ;  if  there  be  no  husband  or  wife,  but  a 
child  or  children,  or  grandchild  or  children,  then  to  such  child  or  children 
and  grandchild  or  children  by  right  of  representation  ;  if  there  be  no  child 
or  grandchild,  then  to  a  surviving  father  or  mother ;  if  there  be  no  father 
or  mother,  then  to  a  surviving  brother  or  sister,  or  brothers  or  sisters,  if 
there  be  any;  if  there  be  none  of  the  kindred  hereinbefore  named,  then 


See.  5649  CIVIL  PRACTICE  1652 

the  proceeds  of  such  judgment  shall  be  disposed  of  in  the  manner  author- 
ized by  law  for  the  disposition  of  the  personal  property  of  deceased  per- 
sons ;  provided,  every  such  action  shall  be  brought  by  and  in  the  name  of 
the  personal  representative  or  representatives  of  such  deceased  person ; 
and,  provided,  further,  the  jury  in  every  such  action  may  give  such  dam- 
ages, pecuniary  and  exemplary,  as  they  shall  deem  fair  and  just,  and  may 
take  into  consideration  the  pecuniary  injury  resulting  from  such  death 
to  the  kindred  as  herein  named. 

Kerr,  C.  C.P.,377. 

Where  one  already  diseased  has  suffered  mately  result  from  the  wrong  complained 

from  a  personal  injury,  the  mere  fact  of  of,  or  whether  the  disease  existed  at  the 

personal  condition  does  not  deny  him  all  time  of  the  injury  and  was  aggravated  by 

the  damages  suffered  from  the  accident,  and  it.  Murphy  v.  Southern  Pacific,  31  Nev. 

this  is  true  whether  the  damages  proxi-  ^  122  (101  P.  322). 

See  Christensen  v.  Floriston  P.  Co.,  under  sec.  705  of  this  act. 

CHAPTER  69 

PERSONAL  INJURIES,  ACTION  FOR 

5649.  Person   causing   injury   liable — Fellow       5651.  When      contributory      negligence      of 

servant,  when  liable.  employee  slight  will  not  bar  recov- 

5650.  Common    carriers   and   mill   and   mine  ery. 

owners    and    operators    liable    for       5652.  Contract    of    insurance    or    indemnity 
injury  to  employees,  when.  will    not    bar    recovery   by    injured 

employee. 

5649.  Person  causing1  injury  liable— Fellow  servant,  when  liable. 

SEC.  707.  Whenever  any  person  shall  suffer  personal  injury  by  wrong- 
ful act,  neglect  or  default  of  another,  the  person  causing  the  injury  shall  be 
liable  to  the  person  injured  for  damages;  and  where  the  person  causing 
such  injury  is  employed  by  another  person  or  corporation  responsible  for 
his  conduct,  such  person  or  corporation  so  responsible  shall  be  liable  to 
the  person  injured  for  damages. 

Murphy  v.  Southern  Pacific,  31  Nev.  122  (101  P.  322);  Burch  v.  Southern  Pacific,  32  Nev, 
75  (104  P.  225);  Sherman  v.  Southern  Pacific,  33  Nev.  —  (111  P.  416);  Cutler  v.  Pittsburg 
Silver  Peak  M.  Co.,  34  Nev.  —  (116  P.  418). 

5650.  Common  carriers  and  mill  and  mine  owners  and  operators  liable 

for  injury  to  employees,  when. 

SEC.  708.  That  every  common  carrier  engaged  in  trade  or  commerce 
in  the  State  of  Nevada,  and  every  mine  and  mill  owner  and  operator  act- 
ually engaged  in  mining,  or  in  milling  or  reduction  of  ores,  in  the  State  of 
Nevada,  shall  be  liable  to  any  of  its  employees,  or,  in  case  of  the  death  of 
such  employee,  to  his  personal  representative  for  the  benefit  of  his  widow 
and  children,  if  any,  and  if  none,  then  for  his  next  of  kin,  for  all  damages 
which  may  result  from  the  negligence  of  the  officers,  agents,  or  employees 
of  said  common  carrier  or  mine  or  mill  operator,  or  by  reason  of  any  defect 
or  insufficiency  due  to  their  negligence  in  its  cars,  engines,  appliances, 
machinery,  track,  roadbed,  ways  or  works,  or  to  their  negligent  handling 
or  storing  of  explosives. 

5651.  When  contributory  negligence  of  employee  slight  will  not  bar 

recovery. 

SEC.  709.  That  in  all  actions  hereinafter  brought  against  any  common 
carrier  or  mine  or  mill  owner  and  operator  to  recover  damages  for  per- 
sonal injuries  to  or  death  of  an  employee,  the  fact  that  the  employee  may 
have  been  guilty  of  contributory  negligence  shall  not  bar  a  recovery  where 
his  contributory  negligence  was  slight  and  the  negligence  of  the  employer, 
or  its  officers,  agents,  or  employees  was  gross  in  comparison.  All  ques- 
tions of  negligence  and  contributory  negligence  shall  be  for  the  jury. 


1653  CIVIL  PRACTICE  Sec,  5655 

r>r>.V2.    Contract  of  insurance  or  indemnity   will  not  bar  recovery  by 

injured  employee. 

SEC.  710.  That  no  contract  of  employment,  insurance,  relief  benefit,  or 
indemnity  for  injury  or  death,  entered  into  by  or  on  behalf  of  any  employee, 
nor  the  acceptance  of  any  insurance,  relief  benefit  or  indemnity  by  the  per- 
son entitled  thereto,  shall  constitute  any  bar  or  defense  to  any  action 
brought  to  recover  damages  for  personal  injuries  to,  or  death  of  such 
employee;  provided,  however,  that  upon  the  trial  of  such  action  the  defend- 
ant may  set  off  therein  any  sum  it  has  contributed  toward  any  such  insur- 
ance, relief  benefit,  or  indemnity  that  may  have  been  paid  to  the  person 
entitled  thereto. 

CHAPTER  70 

ACTIONS  AGAINST  THE  STATE 

.">r,:).S.  Actions  on  rejected  claims  against  the  state  may  be  brought  in 
Ormsby  County— Summons  served  on  controller. 

SEC.  711.  An  officer  or  person  who  has  presented  a  claim  against  the 
state  for  services  or  advances  authorized  by  law,  and  for  which  an  appro- 
priation has  been  made,  but  of  which  the  amount  has  not  been  fixed  by  law, 
to  the  board  of  examiners,  which  claim  said  board  or  the  state  controller 
has  refused  to  audit  and  allow,  in  whole  or  in  part,  may  commence  an 
action  in  any  court  in  Ormsby  County  having  jurisdiction  of  the  amount, 
for  the  recovery  of  such  portion  of  the  claim  as  shall  have  been,  rejected. 
In  such  action  the  State  of  Nevada  shall  be  named  as  defendant,  and  the 
summons  shall  be  served  upon  the  state  controller,  and  the  action  shall 
proceed  as  other  civil  actions  to  final  judgment. 

Tin-  constitution  states  thai  i>r<>\  i>i<>n  may  he  made  by  general  law  for  bringing  suit  against 
thr  state  for  certain  liabilities,  Const.,  B6C.  i>". 

866  Ormsby  (',,.  v.  State,  i;  NV  .  286;   State  v.  Hallock,  20  Nev.  326,330. 

r>r,:>i.    [dem— Attorney-general  to  defend— Controller  may  appeal. 

SEC.  712.  The  attorney-general  shall  defend  all  such  actions  on  the  part 
of  the  state.  The  controller  shall  cause  to  be  subpenaed  and  examined  such 
witnesses,  and  procure  and  cause  to  be  introduced  such  documentary  evi- 
dence as  he  shall  deem  necessary  for  the  defense.  Appeals  may  be  taken  in 
all  such  actions  by  the  controller  in  behalf  of  the  state. 

5655.  Controller  to  draw  warrant  for  amount  of  judgment. 

SEC.  713.  Upon  the  presentation  of  a  certified  copy  of  a  final  judgment 
in  favor  of  the  claimant  in  any  such  action,  the  controller  shall  draw  his 
warrant  in  favor  of  the  claimant  for  the  amount  awarded  by  the  judgment. 

See  citations  under  sec.  711  of  this  act. 

CHAPTER  71 

QUO   WARRANTO 

5656.  Action  in  the  name  of  state,  against       5664.  Application  to  file  complaint — Notice 

whom.  to  defendant. 

"><).".  Action  in  the  name  of  state,  against  5665.  Summons,  when  issued — When  unneces- 

corporation.  sary. 

5658.  Attorney-general  to  begin  action,  when.  5666.  Pleadings. 

."><;.",!).  Action    begun    upon    whose    relation —  5667.  Judgment    of    ouster — Costs — Delivery 

Security  for  costs.  of  books — Violation  by  corporation. 

•Hit in.  Action  for  usurpation  by  claimant  in  5668.  Judgment  ousting  director  of  corpora- 
name  of  state — Bond.  tion. 

.">i;r»1.  Action   for   usurpation   by   claimant —  5669.  Action  for  damages,  within  one  year. 

Contents  of  complaint.  5670.  Judgment  against   corporation — Disso- 
.">'•< !_J.  All  claimants  to  the  same  office  made  lution  or  restraint. 

defendants.  5671.  Court    shall    appoint    trustee    for    dis- 
5663.  Jurisdiction     in     supreme    or    district  '  solved  corporation — Compensation. 

court.  5672.  Idem — Bond  of  trustee. 


Sec.  5656 


CIVIL  PRACTICE 


1654 


5678.  Liability  of  corporation  directors  when 

judgment  of  ouster  rendered. 

5679.  Penalty  for  refusal  to   obey  order  of 

court. 

5680.  Quo  warranto  actions  take  precedence. 

5681.  Procedure  in  supreme  court  same  as  in 

district  court — Jury. 

5682.  Appeal    does    not    stay    judgment    of 

ouster. 


5673.  Suit  on  bond  of  trustee,  by  whom  .may 

be  brought. 

5674.  Trustee  to  collect  debts  and  divide  sur- 

plus. 

5675.  Court    may    order    books    and    effects 

delivered  to  trustee. 

5676.  Trustee   to   file   sworn   inventory  with 

clerk. 

5677.  Trustee    to    sue    for    debts — Responsi- 

bility. 

5656.    Action  in  the  name  of  state,  against  whom. 
SEC.  714.    A  civil  action  may  be  brought  in  the  name  of  the  state : 

1.  Against  a  person  who  usurps,  intrudes  into,  or  unlawfully  holds  or 
exercises,  a  public  office,  civil  or  military,  or  a  franchise,  within  this  state, 
or  an  officer  in  a  corporation  created  by  the  authority  of  this  state. 

2.  Against  a  public  officer,  civil  or  military,  who  does  or  suffers  an  act 
which,  by  the  provisions  of  law,  works  a  forfeiture  of  his  office. 

3.  Against  an  association  of  persons  who  act  as  a  corporation  within  this 
state  without  being  legally  incorporated. 

Kerr,  C.  C.  P.,  803;  Mont.  Civ.  P.,  1410;  Utah,  3609. 

See  citations  under  Const.,  sec.  319,  p.  94,       employment  determinate  at  the  will  of  the 

employer.     State  ex  rel.  Ryan  v.  Cronan.  I':1. 

Nev.  437,  446  (49  P.  41). 


ante. 

Statement  in  quo  warranto  held  suf- 
ficient. Greeley  v.  Holland,  14  Nev.  320,  323. 

The  affirmative  of  the  issue  and  the  bur- 
den of  proof  is  on  the  state.  State  v.  Has- 
kell,  14  Nev.  209,  210. 

The  question  of  the  constitutionality  of 
the  statute  increasing  the  number  of  district 
judges  to  four  and  the  right  of  respondent 
to  hold  the  office  of  district  judge  under 
that  statute,  can  only  be  raised  by  a  direct 
proceeding  of  quo  warranto  and  is  not  prop- 
erly before  the  court  by  a  proceeding  for  a 
writ  of  prohibition.  Walcott  v.  Wells,  21 
Nev.  47  (37  A.  S.  478,  9  L.  R.  A.  59,  24  P. 
367). 

Collateral  questions  will  not  be  inquired 
into  on  quo  warranto.  State  ex  rel.  Daven- 
port v.  Horton,  19  Nev.  199  (8  P.  171). 

An  information  in  the  nature  of  quo  war- 
ranto, filed  against  the  incumbent  of  an 
office  for.  the  sole  purpose  of  having  a  judi- 
cial determination  as  to  who  possesses  the 
power  of  appointment  to  such  office,  it  being 
apparent  that  defendant  will  remain  in 
office  whatever  will  be  the  decision,  will  be 
dismissed.  State  ex  rel.  Alexander  v. 
McCullough,  20  Nev.  154  (18  P.  756). 

Stats.  1865,  164,  sec.  14,  as  to  propriety 
of  allowing  relator  to  prosecute  the  action 
in  his  own  name,  cited  in  State  ex  rel.  Mack 
v.  Torreyson,  21  Nev.  517  (34  P.  879). 

Under  the  common  law  any  information 
in  the  nature  of  quo  warranto  will  lie  only 
for  usurping  a  public  office,  and  is  never 
exercised  in  the  case  of  a  mere  agency  or 


The  provisions  of  sec.  1,  Stats.  1865,  164, 
while  it  extends  the  remedy  to  any  office  in 
a  corporation  created  under  the  laws  of  this 
state,  the  question  of  what  constitutes  an 
office  within  the  settled  rule  is  not  affected 
by  the  statute.  Idem. 

Under  the  provisions  of  sec.  1,  Stats.  1865, 
164,  it  was  held:  A  private  individual  may 
file  an  information  against  any  "person 
unlawfully  holding  or  exercising  any  public 
office  or  franchise  or  when  any  persons  act 
as  a  corporation  without  being  authorized 
by  law,  or  when  they  exercise  powers  not 
conferred  by  law,"  and  such  proceeding  is 
the  proper  remedy  to  determine  questions 
involving  the  corporate  existence  or  the 
constitutionality  of  an  act  incorporating  a 
city,  or  the  right  to  exercise  in  any  manner 
the  functions  of  a  city  council.  State  ex 
rel.  Fletcher  v.  Osburn,  24  Nev.  187,  191 
(51  P.  837). 

When  the  attorney-general  refuses  to 
bring  an  action,  a  person  claiming  election 
to  a  state  office  may,  by  leave  of  court, 
bring  quo  warranto  on  his  own  relation, 
where  he  has  no  other  remedy.  State  ex  rel. 
McMillan  v,  Sadler,  25  Nev.  131,  165  (83 
A.  S.  753,  58  P.  284);  State  ex  rel.  Spring- 
meyer  v.  Baker,  34  Nev.  — ;  State  ex  rel. 
Legate  v.  Josephs,  34  Nev.  — , 

Quo  warranto  is  the  only  remedy  a  per- 
son, who  may  be  duly  elected  to  a  state 
office,  has  to  oust  one  unlawfully  holding 
the  same  and  have  himself  instituted.  Idem. 


5657.    Action  in  the  name  of  state,  against  a  corporation. 
SEC.  715.     A  like  action  may  be  brought  against  a  corporation : 

1.  When  it  has  offended  against  a  provision  of  an  act  by  or  under  which 
it  was  created,  altered,  or  renewed,  or  any  act  altering  or  amending  such 
acts. 

2.  When  it  has  forfeited  its  privileges  and  franchises  by  a  nonuser. 

3.  When  it  has  committed  or  omitted  an  act  which  amounts  to  a  sur- 


CIVIL  PRACTICE  Sec.  5664 

render  or  a  forfeiture  of  its  corporate  rights,  privileges,  and  franchises. 
4.  When  it  has  misused  a  franchise  or  privilege  conferred  upon  it  by 
law,  or  exercised  a  franchise  or  privilege  not  so  conferred. 

.Mont,  Civ.  P.  1411;  Utah,  3610. 
Against  telegraph  company,  sec.  4630. 

5658.  Attorney -general  to  begin  notion,  when. 

SEC.  716.  The  attorney-general,  when  directed  by  the  governor,  shall 
commence  any  such  action;  and  when,  upon  complaint  or  otherwise,  he 
has  good  reason  to  believe  that  any  case  specified  in  the  preceding  section 
can  be  established  by  proof,  he  shall  commence  an  action. 

Mont.  Civ.  P.,  14lL>;  Hah,  3611. 

5659.  Action  begun,  upon  whose  relation— Security  for  costs. 

SEC.  717.  Such  officer  may,  upon  his  own  relation,  bring  any  such  action, 
or  he  may,  on  the  leave  of  the  court,  or  a  judge  thereof  in  vacation,  bring 
the  action  upon  the  relation  of  another  person;  and,  if  the  action  be 
brought  under  subdivision  one  of  the  first  section  of  this  chapter,  he  may 
require  security  for  costs  to  be  given  as  in  other  cases. 

M..iit.  Civ.  I'.,  1413:  Hah.  3«;p_'. 

r>660.    Action  for  usurpation  by  claimant  in  name  of  state— Bond. 

SEC.  718.  A  person  claiming  to  be  entitled  to  a  public  office  unlawfully 
held  and  exercised  by  another  may,  by  himself  or  by  an  attorney  and  coun- 
selor at  law,  bring  an  action  therefor  in  the  name  of  the  state,  as  provided 
in  this  chapter.  On  filing  the  complaint,  such  person  shall  enter  into  an 
undertaking  with  two  sufficient  sureties,  to  be  approved  by  the  judge,  or 
any  judge  of  the  court  in  which  the  action  is  brought  conditioned  that  such 
person  will  pay  any  judgment  for  costs  or  damages  recovered  against  him, 
and  all  costs  and  expenses  incurred  in  the  prosecution  of  the  action,  which 
undertaking  shall  be  filed  with  the  clerk  of  the  court.  * 

Mont.  Civ.  P.,  1414;  Hah,  361.'!. 

5661.  Action  for  usurpation  by  claimant— Contents  of  complaint. 

SEC.  719.  When  the  action  is  against  a  person  for  usurping,  intruding 
into,  or  unlawfully  holding  or  exercising  an  office,  the  complaint  shall  set 
forth  the  name  of  the  person  who  claims  to  be  entitled  thereto,  with  an 
averment  of  his  right  thereto,  and  judgment  may  be  rendered  upon  the 
right  of  the  defendant,  and  also  upon  the  right  of  the  person  so  averred  to 
be  entitled,  or  only  upon  the  right  of  the  defendant,  as  justice  requires. 

Mont.  Civ.  P.,  14  lo;  Hah,  3614. 

5662.  All  claimants  to  the  same  office  made  defendants. 

SEC.  720.  All  persons  who  claim  to  be  entitled  to  the  same  office  or  fran- 
chise may  be  made  defendants  in  the  same  action  to  try  their  respective 
rights  to  such  office  or  franchise. 

Mont.  Civ.  P.,  141(1;  Ftah,  3615. 

5663.  Jurisdiction  in  supreme  or  district  court. 

SEC.  721.  An  action  under  this  chapter  can  be  brought  in  the  supreme 
court  of  the  state,  or  in  the  district  court  of  the  proper  county. 

Mont.  Civ.  P.,  1417;  Utah,  8616. 

Regarding  jurisdiction  of  the  supreme  court  to  issue  writs  of  quo  warranto,  see  Const., 
sec.  319;  for  jurisdiction  of  the  district  courts  and  the  judges  thereof  to  issue  writs  of  quo 
warranto,  see  Const.,  sec.  321. 

5664.  Application  to  tile  complaint— Notice  to  defendant. 

SEC.  722.  Upon  application  for  leave  to  file  a  complaint,  the  court  or 
judge  may,  in  its  discretion,  direct  notice  thereof  to  be  given  to  the  defend- 
ant previous  to  granting  such  leave,  and  may  hear  the  defendant  in  opposi- 


Sec.  5665  CIVIL  PRACTICE  1656. 

tion  thereto ;  and  if  leave  be  granted,  an  entry  thereof  shall  be  made  on  the 
minutes  of  the  court,  or  the  fact  shall  be  endorsed  by  the  judge  on  the  com- 
plaint, which  shall  then  be  filed. 
Mont.  Civ.  P.,  1418;  Utah,  3617. 

5665.  Summons,  when  issued— When  unnecessary. 

SEC.  723.  When  the  complaint  is  filed  without  leave  and  notice,  or  upon 
leave  and  notice  in  case  all  the  defendants  do  not  appear,  a  summons  shall 
issue  and  be  served  as  in  other  cases.  When  all  the  defendants  appear  to 
oppose  the  filing  of  the  complaint,  no  summons  need  issue. 

Mont.  Civ.  P.,  1419;  Utah,  3618. 

5666.  Pleadings. 

SEC.  724.    The  pleadings  shall  be  as  in  other  cases. 

Mont,  Civ.  P.,  1421;  Utah,  3619. 

5667.  Judgment  of  ouster— Costs— Delivery  of  books— Violation  by  cor- 

poration. 

SEC.  725.  When  a  defendant  is  found  guilty  of  usurping,  intruding 
into  or  unlawfully  holding  or  exercising  an  office,  franchise,  or  privilege, 
judgment  shall  be  rendered  that  such  defendant  be  ousted  and  altogether 
excluded  therefrom,  and  that  the  relator  recover  his  costs.  The  court, 
after  such  judgment,  shall  order  the  defendant  to  deliver  over  all  books 
and  papers  in  his  custody,  or  under  his  control,  belonging  to  said  office,  to 
the  parties  entitled  thereto.  If  the  defendant  be  found  guilty  of  unlaw- 
fully holding  or  exercising  any  office,  franchise,  or  privilege;  or  if  a  cor- 
poration be  found  to  have  violated  the  law  by  which  it  holds  its  existence, 
or  in  any  other  manner  to  have  done  acts  which  amount  to  a  surrender  or 
a  forfeiture  of  its  privileges,  judgment  shall  be  rendered  that  such 
defendant  be  ousted  and  altogether  excluded  from  such  office,  franchise,  or 
privilege,  and  also  that  he  pay  the  costs  of  the  proceedings.  If  the  defend- 
ant be  found  to  have  exercised  merely  certain  individual  powers  and  privi- 
leges to  which  he  is  not  entitled,  the  judgment  shall  be  the  same  as  above 
directed,  but  only  in  relation  to  those  particulars  in  which  he  is  thus 
exceeding  the  lawful  exercise  of  his  rights  and  privileges.  In  case  judg- 
ment is  rendered  against  a  pretended,  but  not  real,  corporation,  the  costs 
may  be  collected  from  any  person  who  has  been  acting  as  an  officer  or 
proprietor  of  such  pretended  corporation. 

Kerr,  C.  C.  P.,  809;  Mont.  Civ.  P.,  1422;  Utah,  3620. 

5668.  Judgment  ousting  director  of  corporation. 

SEC.  726.  When  the  action  is  against  a  director  of  a  corporation  and 
the  court  finds  that  at  his  election,  either  illegal  votes  were  received  or 
legal  votes  were  rejected,  or  both,  sufficient  to  change  the  result,  judgment 
may  be  rendered  that  the  defendant  be  ousted,  and  judgment  of  induction 
entered  in  favor  of  the  person  who  was  entitled  to  be  declared  elected  at 
such  election. 

Mont.  Civ.  P.,  1423;  Utah,  3621. 

5669.  Action  for  damages  within  one  year. 

SEC.  727.  Such  person  may,  at  any  time  within  one  year  after  the  date 
of  such  judgment,  bring  an  action  against  the  person  ousted  and  recover 
the  damages  he  sustained  by  reason  of  such  usurpation. 

Mont.  Civ.  P.,  1426;  Utah,  3622. 

5670.  Judgment  against  corporation— Dissolution  or  restraint. 

SEC.  728.  When,  in  any  such  action,  it  is  found  and  adjudged,  that  a 
corporation  has,  by  an  act  done  or  omitted,  surrendered  or  forfeited  its 
corporate  rights,  privileges,  or  franchises,  or  has  not  used  the  same  during 


1657  CIVIL  PRACTICE  Sec.  5679 

a  term  of  two  years,  judgment  shall  be  entered  that  it  be  ousted  and 
excluded  therefrom,  and  that  it  be  dissolved;  and  when  it  is  found  and 
adjudged  that  a  corporation  has  offended  in  any  matter  or  manner  which 
does  not  work  such  surrender  or  forfeiture  or  has  misused  a  franchise, 
or  exercised  a  power  not  conferred  by  law,  judgment  shall  be  entered  that 
it  be  enjoined  from  the  continuance  of  such  offense  or  the  exercise  of 
such  power. 

Mont.  Civ.  P..  14i'S;  Hah.  :!«»:.':',. 

5671.  Court  shall  appoint  trustee  for  dissolved  corporation— Compen- 

sation. 

SEC.  729.  If  a  corporation  is  ousted  and  dissolved  by  the  proceedings 
herein  authorized,  the  court  shall  appoint  some  disinterested  person  as 
trustee  of  the  creditors  and  stockholders,  who  shall  receive  a  compensation 
for  his  services  to  be  fixed  by  the  court. 

5672.  Idem— Bond  of  trustee. 

SEC.  730.  Said  trustee  shall  enter  into  bond  in  such  a  penalty,  and  with 
such  security,  as  the  court  approves,  conditioned  for  the  faithful  discharge 
of  his  duties. 

5673.  Suit  on  bond  of  trustee,  b.v  whom  may  be  brought. 

SEC.  731.  Suit  may  be  brought  on  such  bond  by  any  person  injured  by 
the  negligence  or  wrongful  act  of  the  trustee  in  the  discharge  of  his  duties. 

5674.  Trustee  to  collect  debts  and  divide  surplus. 

SEC.  732.  The  trustee  shall  proceed  immediately  to  collect  the  debts 
and  pay  the  liabilities  of  the  corporation,  and  to  divide  the  surplus  among 
those  thereto  entitled. 

5675.  Court  may  order  books  and  effects  delivered  to  trustee. 

SEC.  733.  The  court  shall,  upon  an  application  for  that  purpose,  order  an 
officer  of  such  corporation,  or  any  other  person  having  possession  of  any 
of  the  effects,  books,  or  papers  of  the  corporation,  in  anywise  necessary  for 
the  settlement  of  its  affairs,  to  deliver  the  same  to  the  trustee. 

5676.  Trustee  to  h'le  sworn  inventory  with  clerk. 

SEC.  734.  As  soon  as  practicable  after  his  appointment,  the  trustee  shall 
make  and  file  in  the  office  of  the  clerk  of  the  court,  an  inventory  of  all  the 
effects,  rights,  and  credits,  which  come  to  his  possession  or  knowledge,  the 
truth  of  which  inventory  shall  be  sworn  to. 

5677.  Trustee  to  sue  for  debts— Responsibility. 

SEC.  735.  He  shall  sue  for  and  recover  the  debts  and  property  of  the 
corporation,  and  shall  be  responsible  to  the  creditors  and  stockholders 
respectively,  to  the  extent  of  the  effects  which  come  into  his  hands,  in  the 
same  manner  as  though  he  was  the  executor  of  a  deceased  person. 

5678.  Liability  of  corporation  directors  when  judgment  of  ouster  rendered. 
SEC.  736.     When  judgment  of  ouster  is  rendered  against  a  corporation 

on  account  of  the  misconduct  of  the  directors,  or  officers  thereof,  such 
officers  shall  be  jointly  and  severally  liable  to  an  action  by  any  one  injured 
thereby. 

5679.  Penalty  for  refusal  to  obey  order  of  court. 

SEC.  737.  Any  person  who,  without  good  reason,  refuses  to  obey  an 
order  of  the  court,  as  provided  in  this  chapter,  shall  be  deemed  guilty  of  a 
contempt  of  court,  and  shall  be  fined  in  any  sum  not  exceeding  five  thousand 
dollars,  and  imprisonment  in  the  county  jail  until  he  comply  with  said 


Sec.  5680  CIVIL  PRACTICE  1658 

order,  and  shall  be  further  liable  for  the  damages  resulting  to  any  per- 
son on  account  of  his  refusal  to  obey  such  order. 

5680.  Quo  warranto  actions  take  precedence. 

SEC.  738.  Actions  under  this  chapter  in  any  court  shall  have  precedence 
of  any  civil  business  pending  therein;  and  the  court,  if  the  matter  is  of 
public  concern,  shall,  on  motion  of  the  attorney-general,  or  of  the  attorney 
of  the  party,  require  as  speedy  a  trial  of  the  merits  of  the  case  as  may  be 
consistent  with  the  rights  of  the  parties. 

Mont.  Civ.  P.,  1433;  Utah,  3624. 

5681.  Procedure  in  supreme  same  as  in  district  court— Jury. 

SEC.  739.  Actions  under  this  chapter  commenced  in  the  supreme  court 
shall  be  conducted  in  the  same  manner  as  if  commenced  in  the  district 
court,  and  the  clerk  of  the  supreme  court  shall  have  the  same  authority  to 
issue  process  and  to  enter  orders  and  judgments  as  the  clerk  of  the  district 
court  has  in  like  cases.  All  pleadings  and  the  conduct  of  the  trial  shall 
be  the  same  as  in  the  district  court.  If  a  jury  is  required  to  determine 
an  issue  of  fact,  the  court  shall  order  the  question  to  be  tried  before  a  jury 
in  the  district  court  01  any  county  designated  in  such  order,  and  that  the 
verdict  be  certified  to  the  supreme  court. 

Mont.  Civ.  P.,  1434;  Utah,  3625. 

5682.  Appeal  does  not  stay  judgment  of  ouster. 

SEC.  740.  If  the  action  is  commenced  in  the  district  court,  an  appeal 
may  be  taken  from  the  final  judgment  by  either  party  to  the  supreme  court 
as  in  other  cases ;  but  if  there  is  judgment  of  ouster  against  the  defendant, 
there  shall  be  no  stay  of  execution  or  proceedings  pending  such  appeal. 

Mont,  Civ.  P.,  1435;  Utah,  3626. 

CHAPTER  72 

CERTIORARI 

5683.  Writ  of  certiorari  denominated  writ  of       5689.  Service  of  writ. 

review.  5690.  Review  upon  writ,  extent  of. 

5684.  When  the  writ  should  be  granted.  5691.  Eeturnofwrit — Procedure — Court  may 

5685.  Application  for  writ  on  affidavit,  when  give  judgment,  effect  of. 

court  may  grant.  5692.  Clerk  to  transmit  copy  of  judgment  to 

5686.  The  writ,  to  whom  directed.  officer  having  custody  of  record. 

5687.  Idem — What  to  command.  5693.  Judgment     roll,     what     constitutes  — 

5688.  When  stay  of  proceedings  not  wanted  Appeal,  how  taken. 

— Words  requiring  stay  omitted. 

5683.  Writ  of  certiorari  denominated  writ  of  review. 

SEC.  741.    The  writ  of  certiorari  may  be  denominated  the  writ  of  review. 

Kerr,  C.  C.  P.,  1067. 

A  writ  of  certiorari  is  not  inhibited  to  a  acts   sought  to  be  reviewed.     State   ex  rel. 

party  aggrieved  in  all  proceedings  or  actions  Fall  v.  Humboldt  Co.,  6  Nev.  100,  101. 

wherein  a  right  of  appeal  is  given.     Paul  v.  Inadmissible  return,  motion  to  strike  ojit. 

Armstrong,  1  Nev.  82,  95.  State  ex  rel.  Thompson  v.  Board  of  Equaliza- 

The    province    of    the    writ    of    certiorari  tion,  7  Nev.  83,  91,  93. 

extends  only  to  the  question  of  jurisdictional  What  return  may  include.     Idem, 

power.     State   v.   Washoe   Co.,   5   Nev.    317;  Certificate   on   information   not   certificate 

Maxwell  v.  Eives,  11  Nev.  213.  of  fact.     Idem. 

See  citations  under  Const.,  sec.  319,  ante.  Certiorari    lies    to    annul    a    justice    court 

The  only  question  which  can  be  inquired  judgment,    void    because    in    excess    of    the 

into    on    certiorari    is    whether    the    inferior  jurisdiction  of  the  justice's  court  since  there 

board  or  tribunal  had  jurisdiction  to  do  the  is  no  right   of  appeal.     Fitchett  v.  Henley, 

31   Nev.  327,  340(102  P.   865);   Williams  v. 
Henderson,  22  Nev.  103  (36  P.  459). 

5684.  When  the  writ  should  be  granted. 

SEC.  742.  This  writ  may  be  granted,  on  application,  by  the  supreme 
court,  a  district  court,  or  a  judge  of  the  district  court.  When  the  writ  is 


1659 


CIVIL  PRACTICE 


Sec.  5684 


issued  by  the  district  court  or  a  judge  of  the  district  court  it  shall  be  made 
returnable  before  the  district  court.  The  writ  shall  be  granted  in  all  cases 
when  an  inferior  tribunal,  board,  or  officer,  exercising  judicial  functions, 
has  exceeded  the  jurisdiction  of  such  tribunal,  board,  or  officer  and  there 
is  no  appeal,  nor,  in  the  judgment  of  the  court,  any  plain,  speedy,  and 
adequate  remedy. 


Kerr,  C.  C.  P 

Regarding  jurisdiction  of  supreme  court  to  issue  writs  of  certiorari,  see  Const.,  sec.  319; 
and  concerning  power  of  district  courts  and  judges  to  issue  these  writs,  see  Const.,  sec.  321. 


Judgment  of  district  court,  when  not  a 
l.ar.  Twaddle  v.  Washoe  Co.,  12  Nev.  17. 

Where  on  certiorari  an  order  of  county 
commissioners  discharging  a  supplemental 
•  lent,  the  record  showed  that  the 
commissioners  acted  within  their  jurisdic- 
tion, and  it  was  objected  that  the  evidence 
\v,i^  in  conflict  with  the  order,  it  was  held, 
that  the  question  as  to  how  they  acted  was 
not  a  subject  of  review  on  certiorari.  State 
«-\  rel.  Mason  v.  Ormsby  Co.,  7  Nev.  393,  396. 

1 1  a  board  of  county  commissioners 
regularly  pursue  it-  authority  and  act 
within  'its  jurisdiction,  there  can  be  no 
. ndi  in  its  action  which  can  be  reviewed 
on  certiorari.  Hetzel  v.  Eureka  Co.,  8 
X.-v.  359,  362. 

An  appellate  court  cannot,  upon  the  writ 
I>T'    .-ertiorari.    review    contempt     proceeding 
upon    the  merits.      (Beatty,  J.,   dissent  in-. 
Phillips  v.  Welch,  li'  Nev,   L50,  L75, 

The  review  upon  crrtiorari  extends  only 
to  the  question  whether  the  inferior  tribunal 
ha-  kept  within  its  jurisdiction.  Tn  re 
Wixom,  12  Nev.  219,  223. 

The  writ  of  certiorari  can  only  be  issued 
\\liere  the  inferior  tribunal,  in  the  exercise 
of  judicial  functions,  has  exceeded  its  juris- 
diction. In  re  Bourke,  13  Nev.  253,  256. 

A  justice  of  the -peace  in  issuing  execu- 
tion upon  a  judgment  acts  ministerially, 
and  such  act,  however  erroneous,  cannot 
be  reviewed  upon  certiorari.  Idem. 

The  action  of  a  judicial  officer  in  regard 
TO  matters  which  are  exclusively  executive 
or  administrative  in  their  nature,  even 
when  the  act  of  the  legislature  requiring 
such  duties  to  be  performed  is  in  violation 
of  constitutional  provisions,  cannot  be 
reviewed  by  certiorari.  Esmeralda  Co.  v. 
District  Court,  18  Nev.  438,  439  (5  P.  64). 

The  supreme  court  is  only  authorized  to 
review  the  record  and  proceedings  of 
inferior  courts,  officers  or  tribunals  acting 
in,  a  judicical  capacity  and  exercising 
judicial  functions.  Idem.  Also,  State  ex 
rel.  Beck  v.  Washoe  Co.,  23  Nev.  247,  248 
(45  P.  529). 

The  making  of  an  order  by  a  board  of 
county  commissioners  for  the  employment 
of  a  firm  of  attorneys  in  certain  litigation 
in  which  the  county  was  interested  is  not 
the  exercise  of  judicial  functions,  and  such 
order  will  not  be  reviewed  on  certiorari. 
State  ex  rel.  Beck  v.  Washoe  Co.,  23  Nev. 

'    248  (45  P.  529). 


24 


Upon  this  writ  the  supreme  court  has 
no  power  to  pass  upon  the  constitutionality 
of  an  act  incorporating  the  city  of  Eeno 


nor  the  right  of  respondents  to  exercise  the 
functions  of  city  council.  State  ex  rel. 
Fletcher  v.  Osburn,  24  Nev.  187,  190  (51 
P.  837). 

Certiorari  is  the  proper  remedy  by 
which  to  review  municipal  regulations  and 
ordinances  which  are  judicial  in  nature,  but 
should  never  be  allowed  to  review  such 
ordinances  or  resolutions  as  are  legislative 
in  character.  Idem. 

The  determination  as  to  the  result  of 
an  election  by  a  canvass  of  the  returns 'of  a 
city  council  is  not  a  judicial  act.  Idem. 

The  determination  of  a  city  council  to 
issue  bonds  in  conformity  with  the  result 
of  an  election  is  not  a  judicial  act.  Idem. 

The  revocation  of  a  lease  by  a  board  of 
county  commissioners  is  not  the  exercise  of 
judicial  functions,  and  if  the  lessees 
obtained  any  right  under  the  original 

•  •rder,    certiorari    is    not    a    proper    remedy 
therefor.       Southern     Development     Co.     v. 
Douglass,  26  Nev.  50,  54. 

Where  the  action  to  review  which  cer- 
tiorari is  brought  is  dismissed  by  the  suc- 
ci'wfui  party  on  the  service  of  the  writ,  at 
In**  own  costs,  the  writ  will  also  be  dis- 
missed. State  ex  rel.  Watt  v.  Jones,  27 
NVv.  r,s  (71  P.  664). 

Where  on   service  of  such   writ,  the  sue- 

•  •f-^ful    party   dismisses  the   action,  it   is   a 
confession  of  error,  and  the  costs  of  the  cer- 
tiorari will  be  awarded  petitioner,  without 
i«--.ird    to   whether   the   case   was   a    proper 
one   for  certiorari.     Idem. 

<  ertiorari  does  not  lie  from  the  supreme 
court  to  review  a  conviction  before  a  jus- 
tice on  the  ground  that  the  statute  author- 
i/iiiL;  the  conviction  is  unconstitutional. 
Chapman  v.  Justice  Court,  29  Nev.  154,  158 
(86  P.  552). 

Certiorari  will  lie  from  the  supreme 
court  to  review  a  judgment  rendered  on 
appeal  from  conviction  before  a  justice, 
though  it  is  claimed  that  the  district  court 
as  well  as  the  justice  court  has  no  jurisdic- 
tion. Idem. 

Certiorari  will  not  lie  in  a  criminal  case 
merely  because  the  time  for  taking  an 
appeal  has  been  suffered  to  elapse.  Idem. 

Certiorari  does  not  lie  where  there  is  an 
appeal.  Leonard  v.  Peacock,  8  Nev.  157; 
Nev.  Cent.  R.  Co.  v.  District  Court,  21  Nev. 
409  (32  P.  673). 

See  Paul  v.  Armstrong,  under  sec.  741  of 
this  act. 

A  board  of  county  commisioners  in  con- 
tracting for  the  indexing  of  the  records 
did  not  exercise  judicial  functions,  and 


Sec.  5685  CIVIL  PRACTICE  1660 

therefore  the  writ  will  not  lie.     State  ex  rel.  Upon    a    return    to    a    writ    of    certiorari 
Murphy   v.    White    Pine    Co.,    31    Nev.    113,  the  supreme  court  can  only  inquire  whether 
117  (101  P.  104).  the  tribunal  certifying  its  proceedings  has, 
Certiorari    will    only    lie    to    review    the  or  has  not,  exceeded  its  jurisdiction.     May- 
proceedings   of   a   board    exercising   judicial  iiard  v.  Kailey,  2  Nev.  313,  314. 
functions,   and  then  only  when  there  is  no 
other  plain  and  adequate  remedy.     Idem. 

5685.  Application  for  writ  on  affidavit,  when  court  may  grant. 

SEC.  743.  The  application  shall  be  made  on  affidavit  by  the  party  bene- 
ficially interested,  and  the  court,  or  judge  to  whom  the  application  is  made, 
may  require  a  notice  of  the  application  to  be  given  to  the  adverse  party, 
or  may  grant  an  order  to  show  cause  why  it  should  not  be  allowed,  or  may 
grant  the  writ  without  further  notice. 

Kerr,  C.  C.  P.,  1069. 

A  writ  of  certiorari  will  not  be  issued  to  been  audited,  allowed  and  paid.  State  ex 
review  claims  against  a  county  which  have  rel.  Beck  v.  Washoe  Co.,  14  Nev.  69. 

5686.  The  writ,  to  whom  directed. 

SEC.  744.  The  writ  may  be  directed  to  the  inferior  tribunal,  board,  or 
officer,  or  to  any  other  person  having  the  custody  of  the  record  or  proceed- 
ings to  be  certified.  When  directed  to  a  tribunal,  the  clerk,  if  there  be  one, 
shall  return  the  writ  with  the  transcript  required. 

Kerr,  C.  C.  P.,  1070. 

Though  the  return  to  a  writ  of  certiorari  which  is  neither  a  part  of  the  record  nor 

may  include,  in  addition  to  the  record  prop-  the  proceedings  before  the  inferior  tribunal, 

erly  so  called,  such  orders  and  proceedings  such  as  affidavits  presented  to  the  clerk  of 

in  the  nature  of  records,  and  as  much  of  such  tribunal  after  the  issuance  of  a  writ 

the  evidence  as  may  bear  upon  the  question  or  his  certificate  based  thereon.  State  ex 

of  jurisdiction,  it  cannot  include  matter  rel.  Thompson  v.  Board  of  Equalization,  7 

Nev.  83,  95. 

5687.  Idem— What  to  commmand. 

SEC.  745.  The  writ  of  review  shall  command  the  party  to  whom  it  is 
directed  to  certify  fully  to  the  court  before  which  the  writ  is  returnable, 
at  a  specified  time  and  place,  and  annex  to  the  writ  a  transcript  of  the 
record  and  proceeding,  describing  or  referring  to  them  with  convenient 
certainty,  that  the  same  may  be  reviewed  by  the  court,  and  requiring  the 
party,  in  the  meantime,  to  desist  from  further  proceedings  in  the  matter  to 
be  reviewed. 

Kerr,  C.  C.  P.,  1071. 

On  certiorari  against  the  board  of  county  No  more  of  the  facts  are  required  to  be 

commissioners,   a   motion   by   respondent,   to  returned   to    a    writ    of   certiorari   than    are 

file  and  make  ta  part  of  the  record  papers  not  necessary  to  determine  jurisdiction,  and  the 

embraced   in    the    record    or   proceedings    of  return    being    deemed    conclusive,    no     evi- 

the  board,  should  be  denied.     State  ex  rel.  dence,  not  included  therein,  will  be  received 

Hayes   v.    White    Pine    Co.,    22    Nev.    80  (35  and    examined.      Alexander    v.    Archer,    21 

P.  485).  Nev.  23  (24  P.  373). 

See  State  ex  rel.  Thompson  v.  Board  of 
Equalization,  under  sec.  744  of  this  act. 

5688.  When  stay  of  proceedings  not  wanted— Words  requiring  stay 

omitted. 

SEC.  746.  If  a  stay  of  proceedings  be  not  intended  the  words  requiring 
the  stay  shall  be  omitted  from  the  writ.  These  words  may  be  inserted  or 
omitted,  in  the  sound  discretion  of  the  court  or  the  judge  issuing  the  writ, 
but  if  omitted,  the  power  of  the  inferior  court  or  officer  shall  not  be  sus- 
pended nor  the  proceedings  stayed. 

Kerr,  C.  C.  P.,  1072. 

5689.  Service  of  writ. 

SEC.  747.    The  writ  shall  be  served  in  the  same  manner  as  a  summons 


1661 


CIVIL  PRACTICE 


See,  5692 


in  civil  action,  except  when  otherwise  expressly  directed  by  the  court,  or 
judge  issuing  the  writ. 

Kerr,  C.  C.  P.,1073. 

5690.    Review  upon  writ,  extent  of. 

SEC.  748.  The  review  upon  this  writ  shall  not  be  extended  further  than 
to  determine  whether  the  inferior  tribunal,  board,  or  officer  has  regularly 
pursued  the  authority  of  such  tribunal,  board,  or  officer. 

Kerr,  C.  C.  P.,  1074. 

If  the  court  erred  in  allowing  any  costs 
that  were  not  taxable  against  the  relator, 
ir  was  not  an  excess  of  jurisdiction  and  its 
action  cannot  be  reviewed  upon  certiorari. 
State  ex  rel.  Quinn  v.  District  Court,  16 
Nev.  76. 

order  on  proceedings  against  garnishee 
not  reviewable  on  certiorari.  Birchfield  v. 
Harris,  9  Nev.  382. 

Criminal  proceedings  instituted  for 
otl'ense  committed  upon  land,  jurisdiction  of 
which  has  been  ceded  to  the  United  States, 
•i  11  nul lf«l  upon  certiorari.  State  ex  rel. 
Jones  v.  Ma.-k.  •_>::  Nev.  :::.<»  (62  A.  S.  811, 
47  P.  7 

Maynard   v.   Railey.  under  sec.  74U  of 
this   a«-t. 

.    lOureka    Co.,    Phillip 

\Vel-- h.  In  re  Wixom,  State  ex  rel.  Fletcher 
v.  Osburn,  and  State  ex  rel.  Watt  v.  Jones, 
under  B6C.  7  l.~>  of  t  his  act. 

Krror   in   allowing  costs  not  properly    t,i\ 
able   against    a    party   cannot    he   reviewed  on 
••ertiorari.      State   ex   rel.   Thompson    \.    his 
tri.-t  Court.  L'.",  Nev.  243,  246  (45  P.  467). 

''ertiorari     does     not     lie     when     a     court 
urisdirl  ion     of     the     parties    ami     the 
subject-matter,      ami      jurisdiction      is     ques- 
tioned     only      by     a     supplemental     answer. 

5WM.    KVtnni  of  writ— Procedure-— Court  may  <rm»  .judgment,  effect  of. 

SEC.  749.  If  the  return  to  the  writ  be  defective,  the  court  may  order  a 
further  return  to  be  made.  When  a  full  return  has  been  made,  the  court 
shall  proceed  to  hear  the  parties,  or  such  of  them  as  may  attend  for  that 
purpose,  and  may  thereupon  give  judgment,  either  affirming  or  annulling 
or  modifying  the  proceedings  below. 

Kerr,  C.  C.  P.,  107:>. 

See  Phillips  v.  Welch,  under  sec.  742  of 
this  act. 

A  party  seeking  to  review  by  certiorari 
a  justice's  judgment  in  an  action  for  tres- 
pass on  the  ground  that  title  to  real  estate 
was  involved,  cannot  on  rehearing  in  the 
supreme  court,  after  the  dismissal  of  the 


pleading  a  former  judgment  as  a  bar  to  the 
action.  Wilson  v.  Morse,  25  Nev.  375,  376 
(60  P.  832). 

The  inquiry  on  a  writ  of  certiorari  will 
not  be  extended  further  than  to  determine 
whether  the  inferior  tribunal  has  jurisdic- 
tion to  make  the  orders  complained  of; 
and,  if  the  record  discloses  that  it  has 
complete  jurisdiction,  any  error  in  an  order 
will  not  be  considered.  Kapp  v.  District 
Court,  :*.1  Nev.  444(103  P.  235). 

Where  the  court  has  jurisdiction  of 
di\orce  action,  and  has  discretion  to  make 
si'di  allowance  to  the  wife  as  the  ciivum 
stances  warrant,  pendente  lite,  the  supreme 
c«  urt  \\ill  not  annul  such  an  order  by  writ 
of  cert  iorari.  Idem. 

State  ex  rel.  Kerr  v.  Pike,  ill'  \V\. 
in.-,  I'.  lni'iM;  State  ex  rel.  ^ohn  v. 
Mack.  l>ixiri.-t  Judge,  26  Nev.  253;  So. 
Development  Co.  v.  Hoard  of  Com.  Ksme 
ralda  County,  2<>  Nev.  r,l;  State  ex  rel.  Watt 
v.  Jones,  District  Judge,  L'T  Nev.  58;  Jumbo 
M.  Co.  v.  Murphy,  District  Judge,  28  Nev. 
i- :,".:  And.rus  v.  Cook,  28  Nev.  265;  Luta 
v.  Murphy.  District  Judge,  29  Nev.  152; 
State  v.  Launi/.a,  29  Nev.  1!M  ;  chapman  v. 
BrineH,  i'!i  Nev.  L64, 


writ,  introduce  an  amended  record  showing 
that  a  general  denial  of  the  allegations  of 


the  complaint  by  oral  answer  was  entered 
in  the  justice's  court.  State  ex  rel. 
Launiza  v.  Justice  Court,  29  Nev.  192,  203 
(87  P.  1). 

A  probate  court  has  power  to  issue,  a 
writ  of  restitution,  in  an  action  of  forcible 
entry  and  unlawful  detainer  brought  before 
it  on  certiorari.  Paul  v.  Armstrong,  1  Nev. 
82,  104. 


5692.    (.lerk  to  transmit  copy  of  judgment  to  officer  having  custody  of 

record. 

SEC.  750.  A  copy  of  the  judgment,  signed  by  the  clerk,  shall  be  trans- 
mitted to  the  inferior  tribunal,  board,  or  officer  having  the  custody  of  the 
record  or  proceeding  certified  up. 

Kerr,  C.  C.  P.,  1076. 

If    proceedings   of   an    inferior   court   are  by     the     inferior     tribunal.        Leonard     v. 

annulled   on   certiorari,  there   is   no   further  Peacock,  8  Nev.  157,  160. 
]io>it.ive    or    affirmative   action   to   be   taken  In   certiorari   cases   the  judgment   roll   is 

105 


Sec.  5f>98 


CIVIL  PRACTICE 


1662 


preserved  in  the  court  granting  the  writ,  as 
in   the   court   of   original  jurisdiction   in   an 


ordinary  case,  and  the  copy  only  of  the 
judgment  is  sent  to  the  inferior  tribunal. 
Idem. 


5698.    Judgment  roll,  what  constitutes— Appeal,  how  taken. 

SEC.  751.  A  copy  of  the  judgment,  signed  by  the  clerk,  entered  upon 
or  attached  to  the  writ  and  return,  shall  constitute  the  judgment  roll.  If 
the  proceedings  be  had  in  any  other  than  the  supreme  court,  an  appeal  may 
be  taken  from  the  judgment  in  the  same  manner  and  upon  the  same  terms 
as  from  a  judgment  in  a  civil  action. 

Kerr,  C.  C.  P.,  1077. 

CHAPTER  73 


MANDAMUS 


5694. 

5695. 
5696. 
5697. 

5698. 


5699. 
5700. 


Mandamus  denominated  writ  of  man-       5701. 

date. 

In  what  cases  the  writ  may  issue.  5702. 

Writ,  when  and  how  issued. 
Writ    must    be    either    alternative    or       5703. 

peremptory — Form  of. 
When   alternative   or  peremptory  will       5704. 

issue  —  Notice  —  Default  —  Hearing 

by  court. 
Answer  to  writ  may  show  cause,  how       5705. 

made. 
When  answer  raises  question  of  fact —       5706. 

Questions  tried  before  jury.  5707. 


May  object  to  sufficiency  of  answer 
and  introduce  proof. 

New  trial  may  be  had,  when — Jury 
summoned  within  five  days. 

Clerk  to  transmit  verdict,  when — 
Argument — Notice. 

If  no  answer  filed,  case  how  heard — If 
certain  answer,  argument  to  be 
heard. 

Execution  may  issue  to  enforce  judg- 
ment. 

Writ,  how  served. 

Penalty  for  refusal  to  obey  writ. 


5694.    Mandamus  denominated  writ  of  mandate. 

SEC.  752.    The  writ  of  mandamus  may  be  denominated  the  writ  of 
mandate. 

Kerr,  C.  C.  P.,  1084. 

Mandamus  is  the  proper  remedy  to  put 
one  into  office  where  the  title  of  the  relator 
is  clear,  and  no  other  person  is  claiming 
the  office  under  color  of  right.  State  ex 
rel.  Curtis  v.  McCullough,  3  Nev.  202. 

The  office  of  mandamus  may  be  to  compel 
the  action,  but  it  cannot  be  to  correct  the 
errors  of  an  inferior  court.  When  such 
court  has  acted,  its  action,  however 
informal  or  erroneous,  cannot  be  set  aside 
or  reversed  by  such  writ.  State  ex  rel. 
Treadway  v.  Wright,  4  Nev.  119,  123. 

Cavanaugh  v.  Wright  (2  Nev.  166),  as  to 
the  propriety  of  mandamus  to  compel  an 


inferior    court    to    proceed    with    the    trial, 
cited  with  approval.     Idem. 

A  writ  of  mandamus  requiring  a  board 
of  trustees  of  a  mining  corporation  to  call 
an  election,  obliges  them  to  take  the  proper 
steps  for  such  election  in  the  manner  pro- 


vided by  law.  Flagg  v.  Lady  Bryan  M.  Co., 
4  Nev.  401. 

The  writ  of  mandamus  will  not  be  issued 
to  compel  a  district  judge  to  try  an  action 
-for  malicious  injury  to  real  estate,  trans- 
ferred from  a  justice's  court,  because  the 
district  court  has  no  jurisdiction  of  the 
offense.  State  ex  rel.  Murphy  v.  Rising,  10 
Nev.  97. 

See  citations  under  Const.,  sec.  319,  ante. 

Mandamus  is  not  the  proper  remedy  when 
relator  has  a  plain,  speedy  and  adequate 
remedy  at  law.  State  ex  rel.  Elliott  v. 
Guerrero,  12  Nev.  105. 

Mandamus  ought  not  to  be  issued  to 
compel  the  trustees  of  a  corporation  to  issue 
certain  certificates  of  stock  to  relator  where 
it  appears,  from  the  petition,  that  the  stock 
is  also  claimed  by  other  persons  not  parties 
to  the  proceedings  before  the  court.  Idem. 


5695.    In  what  cases  the  writ  may  issue. 

SEC.  753.  It  may  be  issued  by  the  supreme  court,  a  district  court,  or  a 
judge  of  the  district  court,  to  compel  the  performance  of  an  act  which  the 
law  especially  enjoins  as  a  duty  resulting  from  an  office,  trust,  or  station; 
or  to  compel  the  admission  of  a  party  to  the  use  and  enjoyment  of  a  right 
or  office  to  which  he  is  entitled,  and  from  which  he  is  unlawfully  precluded 
by  such  inferior  tribunal,  corporation,  board,  or  person.  When  issued  by 
a  district  court  or  a  judge  of  the  district  court  it  shall  be  made  returnable 
before  the  district  court. 

Kerr,  C.  C.  P.,  1085. 

Regarding  jurisdiction  of  supreme  court  and  district  courts  and  judges  to  issue  writs  of 
mandamus,  see  Const.,  sees.  319,  321. 


1663 


CIVIL  PRACTICE 


Sec,  5695 


Curtis  v.  McCullough  and  State  ex  rel. 
'Headway  v.  Wright,  under  sec.  752  of  this 
art. 

See  citations  of  State  ex  rel.  White  v. 
Dkkerson,  under  sees.  294  and  300,  ante. 

A  mandamus  will  not  issue  to  require  the 
performance  of  a  duty,  unless  it  appears 
that  the  defendant  has  it  in  his  power  to 
perform  the  duty  required.  State  ex  rel. 
M. -Cuire  v.  Waterman,  5  Nev.  323,  326. 

The  service  of  the  alternative  writ  of 
in, 'in  da  in  its  upon  the  president  of  a  corpora- 
tion held  sufficient  in  this  case.  The  better 
practice  is  to  serve  each  individual  trustee. 
State  ex  rel.  Sears  v.  Wright,  10  Nev.  174. 

A  mandamus  directed  against  the  individ- 
ual trustees  of  a  corporation  is  virtually  the 
game  as  if  directed  against  the  board  of 
trustees,  and  is  sufficient.  Idem. 

Tin-  verification  to  a  petition  for  man- 
damus in  the  form  of  a  jurat  to  ordinary 
affidavits  is  sufficient.  Idem. 

To    entitle   a    party   to    intervene    in    pro 

i- lin^s   for   a    writ    of   mandamus,   it    must 

IK-  shown  that  the  applicant  would  either 
-;iin  or  lose  by  the  direct  legal  operation  or 
effect  of  any  decision  that  might  be  rendered. 
Idem. 

Kefore  relator  can  obtain  the  writ  of 
mandamus,  he  must  establish  sufficient  facts 
to  show  that  lie  has  a  legal  right  to  have 
something  done  hy  respondents  which  they 
had  refused  to  do.  Idem. 

The  relator  should  not  be  compelled  to 
contest  his  rights  against  third  persons;  the 
investigation  should  l>e  limited  to  such  facts 
as  are  necessary  to  determine  the  rights  of 
the  parties  properly  before  the  courts.  Idem. 

The  mere  fact  that  an  action  or  proceed- 
in-  will  lie  does  not  necessarily  supersede 
the  remedy  by  mandamus.  The  relator  must 
not  only  have  a  specific,  adequate  and  legal 
remedy,  but  it  must  be  one  competent  to 
afford  relief  upon  the  very  subject-matter  of 
his  application.  Idem. 

When  the  <|uestion  is  one  of  public  rights, 
and  the  object  of  the  writ  of  mandamus  is 
to  procure  the  enforcement  of  a  public  duty, 
the  relator  is  not  required  to  show  that  he 
has  any  legal  or  special  interest  in  the 
result;  ho  is  interested,  as  a  citizen,  in  hav- 
ing the  lawsexecuted  and  the  right  enforced. 
State  ex  rel.  Piper  v.  Gracey,  11  iNev.  223, 
233, 

A  private  citizen  and  a  taxpayer  has  such 
a  direct  and  special  interest  in  the  collec- 
tion of  county  taxes  as  entitles  him  to  move 
for  and  prosecute  the  writ  of  mandamus  to 
enforce  that  duty  upon  the  part  of  public 
officers.  Idem. 

The  proceeding  by  mandamus  is  a  civil 
remedy  having  all  the  qualities  and  attri- 
butes of  a  civil  action,  and  is  applied  solely 
for  the  protection  of  civil  rights.  Idem. 

The  alternative  writ  and  the  return 
thereto  are  usually  regarded  as  constituting 
the  pleadings,  the  writ  standing  in  the 
place  of  the  complaint  and  the  return  taking 
the  place  of  the  plea  or  answer  in  an  ordi- 
nary action  at  law.  Idem. 


To  justify  the  issuance  of  the  writ  to 
enforce  the  performance  of  an  act  by  a  pub- 
lic officer,  the  act  must  be  one  the  perform- 
ance of  which  the  law  specially  enjoins  as 
a  duty  resulting  from  his  office,  and  an 
actual  omission  upon  the  part  of  the  officer 
to  perform.  Idem. 

The  relator  must  show  not  only  that  the 
officer  has  failed  to  perform  the  required 
duty,  but  that  the  performance  thereof  is 
actually  due  from  him  at  the  time  of  the 
application.  Idem. 

The  court  cannot  anticipate  that  a  pub- 
lic officer  will  not  perform  his  duties  within 
the  time  prescribed  by  statute,  and  an  actual 
default  or  omission  of  duty  is  just  as  essen- 
tial a  prerequisite  to  the  issuance  of  the 
writ  as  is  the  want  of  an  adequate  remedy 
in  the  ordinary  course  of  law.  Idem. 

Mandamus  will  not  issue  to  compel  a 
county  treasurer  to  make  a  statement  after 
his  term  of  office  has  expired.  State  ex  rel. 
st,. rev  Co.  v.  Kirman,  17  Nev.  380,  381  (30 
P.  1075). 

Mandamus  is  the  only  speedy  and  ade- 
quate means  by  which  a  person  entitled  to 
a  position  of  superintendent  of  a  mining 
company,  which  he  is  unlawfully  precluded, 
from,  may  be  placed  in  the  enjoyment  of  the 
right,  which  he  claims.  State  ex  rel.  Ryan 
v.  Cronan,  23  Nev.  437,  446  (49  P.  41). 

Mandamus  is  the  proper  remedy  to  enforce 
the  right  of  a  licensed  attorney  to  appear 
for  his  client,  who  is  being  prosecuted  for 
an  offense  before  a  court-martial.  State 
ex  rel.  HufVaker  v.  Crosby,  24  Nev.  116,  123 
(77  A.  S.  786,  50  P.  127)." 

Mandamus  lies  to  compel  commissioners 
to  consider  a  petition  to  reduce  a  tax  levy, 
but  not  to  control  exercise  of  their  discre- 
tion in  making  a  levy  with  the  limitations 
prescribed  by  statute,  where  some  tax  must 
be  levied  (Talbot,  C.  J.,  dissenting).  State 
ex  rel.  Holley  v.  Boerlin,  30  Nev.  473,  491, 
494  (98  P.  402). 

Mandamus  does  not  lie  to  compel  county 
commissioners  to  meet  and  abate  a  special 
tax  levy  where  they  have  met  and  denied 
a  petition  to  abate,  though  they  have 
exceeded  their  powers.  Idem. 

Mandamus  will  not  lie  where  there  is  a 
plain,  speedy  and  adequate  remedy  at  law. 
Idem. 

Mandamus  will  not  lie  unless  a  clear  legal 
right  to  the  remedy  is  shown.  Idem. 

An  order  refusing  to  transfer  a  cause  to 
United  States  court  should  be  reviewed  by 
appeal,  and  not  by  mandamus.  State  ex  rel. 
Combination  S.  M.  Co.  v.  Curler,  4  Nev.  445. 

A  registry  agent  may  be  compelled  by 
mandamus  to  register  the  names  of  all  per- 
sons applying  and  entitled  under  the  con- 
stitution to  vote.  Davies  v.  McKeeby,  5 
Nev.  369. 

Where  a  discretion  is  to  be  exercised  by 
an  officer  as  to  the  manner  in  which  an  act 
may  be  done  or  the  act  depends  upon  his 
judgment,  a  writ  of  mandate  directed  to 
him  will  not  control  his  discretion,  but  only 
command  him  to  act  without  in  any  way 


Sec.  5695 


CIVIL  PRACTICE 


1664 


interfering  with  the  manner  of  his  action; 
but  where  a  specific  act  is  required  to  be 
done,  and  no  discretion  given,  the  writ  may 
command  the  doing  of  the  very  act  itself. 
Humboldt  Co.  v.  Churchill  Co.,  6  Nev.  31. 

When  the  performance  of  the  duty  sought 
to  be  enforced  is  of  a  character  that  could 
not  be  expected  to  be  performed  until 
demanded,  the  writ  should  not  issue  until 
demand  made;  but  when  the  law  uncondi- 
tionally requires  the  doing  of  the  specified 
act,  no  demand  is  necessary.  Idem. 

Where  county  commissioners  were  by 
statute  absolutely  required  to  set  apart  cer- 
tain funds  in  the  treasury  for  a  specific  pur- 
pose, and  refused  or  neglected  to  do  so,  it 
was  held  that  mandamus  was  the  only  plain, 
speedy  and  adequate  remedy  to  compel  them 
to  do  their  duty.  Idem. 

Where  the  trustees  of  a  public  school 
refuse  to  admit  a  negro  properly  qualified 
for  admission  as  a  pupil  in  such  school,  an 
application  for  mandamus  to  compel  such 
admission  should  be  granted.  State  ex  rel. 
Stoutmeyer  v.  Duffy,  7  Nev.  342  (8  A.  E, 
713). 

Mandamus  lies  to  compel  an  inferior  tri- 
bunal to  exercise  its  judgment  and  render 
a  decision,  when  a  failure  of  justice  would 
otherwise  result  from  delay  or  refusal  to 
act;  but  it  does  not  lie  to  review  or  correct 
its  conclusions  after  it  has  acted.  State  v. 
Com.  Eureka  Co.,  8  Nev.  309. 

In  a  case  where  ejectment  affords  a  plain, 
speedy  and  adequate  remedy,  mandamus 
cannot  be  maintained.  Washoe  Co.  v.  Hatch, 
9  Nev.  357. 

Costs,  how  taxed.  State  ex  rel.  Watkins 
v.  Bonnifield,  10  Nev.  401. 

Mandamus  is  not  the  proper  remedy  to 
try  title  to  a  public  office.  Denver  v. 
Hobart,  10  Nev.  28. 

If  the  acts  which  the  state  controller 
refuses  to  perform  concern  the  public  inter- 
ests and  are  such  as  the  law  requires  to  be 
performed  by  him,  the  writ  of  mandamus 
should  issue  to  compel  the  performance  of 
such  duty.  State  ex  rel.  Drake  v.  Hobart, 
12  Nev.  408. 

If  the  district  court  refuses  to  try  a 
cause  on  the  ground  that  it  has  no  jurisdic- 
tion, the  writ  of  mandamus  will  be  issued 
to  compel  the  court  to  hear  and  decide  the 
cause  upon  its  merits.  Floral  Springs  W. 
Co.  v.  Eives,  14  Nev.  431. 

Where  the  law  specially  enjoins  a  duty 
upon  the  county  commissioners  and  leaves 
them  no  discretion,  mandamus  is  the  proper 
remedy  to  enforce  performance  of  the  law. 
Mau  v.  Liddle,  15  Nev.  271. 

A  writ  of  mandamus  should  not  be  issued 
before  respondent  is  in  actual  default.  State 
ex  rel.  Ah  Chew  v.  Eising,  15  Nev.  164. 

A  subordinate  body  can  be  directed  to 
act,  but  not  how  to  act,  in  a  matter  as  to 
which  it  has  the  right  to  exercise  its  judg- 
ment; and  where  it  is  vested  with  power 
to  determine  a  question  of  fact,  the  duty  is 
judicial,  and  however  erroneous  its  decision 
may  be,  it  cannot  be  compelled  by  man- 


damus to  alter  its  determination.  Hoole  v. 
Kinkead,  16  Nev.  217. 

Mandamus  is  the  proper  remedy  to  com- 
pel a  district  judge  to  settle  a  statement  on 
motion  for  a  new  trial  where  it  is  his  duty 
to  settle  the  statement.  State  ex  rel.  Keane 
v.  Murphy,  19  Nev.  89  (6  P.  840). 

The  rule  that  mandamus  will  not  issue  to 
control  discretion,  or  revive  judicial  action. 
has  no  application  to  the  determination  or 
preliminary  questions  relating  to  the  settle- 
ment of  a  statement  on  motion  for  a  new' 
trial.  Idem. 

Mandamus  will  not  lie  against  the  state 
controller  to  compel  him  to  issue  a  warrant 
in  any  greater  amount  than  audited  and 
allowed  by  the  board  of  examiners.  State 
ex  rel.  Lyon  Co.  v.  Hallock,  20  Nev.  326  (22 
P.  123). 

Where  there  are  two  or  more  simultaneous 
applicants  for  the  same  lands,  and  neither 
claims  the  preferred  right  by  reason  of 
prior  occupancy  or  possession,  mandamus 
to  the  land  register  to  compel  him  to  sell 
to  one  applicant,  in  preference  to  the  others, 
will  be  denied.  State  ex  rel.  Sohl  v.  Preble. 
20  Nev.  44  (14  P.  586). 

Where  there  is  but  one  applicant  claiming 
a  preferred  right  to  purchase  lands,  the 
register  should  proceed  at  once  to  enter  into 
a  contract  with  the  applicant,  provided  his 
claim  presents  a  prima  facie  case,  and  was 
filed  in  time,  and  his  duty  in  this  respect, 
being  ministerial,  may  be  enforced  by  man- 
damus. State  ex  rel.  Springer  v.  Preble,  20 
Nev.  38  (14  P.  584). 

Where  a  justice  has  dismissed  an  action. 
a  writ  of  mandamus  will  not  lie  to  compel 
him  to  proceed  and  try  the  action,  although 
such  dismissal  was  error.  N.  C.  E.  E.  Co.  v. 
District  Court,  21  Nev.  409  (32  P.  673). 

Where  a  board  of  commissioners,  without 
legal  justification,  refuses  to  allow  a  claim 
based  upon  a  judgment  regularly  obtained 
against  the  county,  mandamus  is  the  proper 
remedy.  State  ex  rel.  Humboldt  C".  \. 
Lander  Co.,  22  Nev.  71  (35  P.  300). 

The  writ  of  mandamus  should  be  resorted 
to  only  when  the  usual  and  ordinary  reme- 
dies fail  to  afford  adequate  relief,  and  with- 
out it  there  would  be  a  failure  of  justice. 
State  ex  rel.  Torreysonv.  Storey  Co.,  22  Nev. 
263  (38  P.  668). 

A  petition  for  mandamus  must  show  on 
its  face  a  clear  legal  right  to  that  for  which 
it  is  sought  in  the  proceeding.  State  ex  rel. 
Pyne  v.  La  Grave,  22  Nev.  417  (41  P.  115). 

Mandamus  is  never  granted  in  anticipa- 
tion of  a  supposed  omission  of  duty,  how- 
ever strong  the  presumption  may  be  that  the 
persons  whom  it  is  sought  to  coerce  by  the 
writ  will  refuse  to  perform  their  duty  when 
the  proper  time  arrives,  nor  will  the  writ 
issue  unless  the  relator  shows  a  clear  legal 
right  to  the  relief  demanded.  State  ex  rel. 
Shaw  v.  Noyes,  25  Nev.  32  (56  P.  946). 

On  filing  an  application  for  mandamus, 
the  general  practice  of  the  supreme  court  is 
to  issue  an  order  to  respondents  to  show 
cause  why  the  relief  asked  should  not  lu> 


1665 


CIVIL  PRACTICE 


Sec,  5<>% 


"ranted.  State  ex  rel.  Gleeson  v.  Jumbo 
Ex.  M.  Co.,  30  Nev.  192  (133  A.  S.  715,  94 
P.  74). 

While  there  is  little  difference  whether 
Tlic  issues  on  a  mandamus  proceeding  are 
iaised  by  a  motion  to  quash  a  citation  or  by 
demurrer,  it  is  the  better  practice  to  raise 
any  objection  by  demurrer  or  answer.  Mom. 

Where  an  affidavit  for  mandamus  was 
entitled  against  a  corporation  and  individu- 
als, who  were  its  directors,  separate  demur- 
rers tiled  by  the  individual  defendants  and 
respondents  an>  proper.  Idem. 

Mandamus  to  compel  the  issuance  and 
•  It 'livery  of  the  stock  of  a  cprporation  will 
not  lie  unless  the  stock  sought  to  be  recov- 
ered has  some  pecuniary  or  special  value 
peculiar  in  itself,  differing  from  that  of 
other  like  shares,  or  unless  the  shares  are 
..••I  ami  the  control  of  some  corpora- 
tion is  at  issue,  ami  by  securing  tin- 
shares  in  question  the  party  applying  for  a 
writ  would  obtain  control;  and  in  such 
it  must  allirmatively  appear  from  the 
petition  that  the  relator  has  a  clear  legal 
right  to  their  possession  and  that  he  has  no 
plain,  speedy  and  adequate  remedy  at  law. 
Idem. 

Turley    v.   Thomas,   i',1    Nev.    1M. 

Mandamus  will  issue  to  compel  a  judge 
who  was  of  counsel  in  an  action  previous  to 
his  appointment  as  judge  to  change  the 
pla<-e  of  trial  of  such  action  to  some  other 
judicial  district,  although  no  motion  for  that 
purpose  was  ever  made  in  open  court,  where 
the  application  for  the  change,  signed  by 
petitioner's  attorneys,  was  presented  to  the 
judge,  the  originals  later  being  properly 
tiled,  and  the  motion  for  removal  was 
ii.  formally  made,  and  a  list  of  authorities 
tot  warded  to  him.  he  being  engaged  in  judi- 
cial duties  in  another  county,  and,  from  his 
reasons  for  refusal,  it  was  evident  that  he 
would  not  have  granted  the  motion,  had  it 
been  formally  made.  (Talbot,  J.,  dissent- 
State  ex  rel.  Gamble  et  al.  v. 
Murphy,  27  Nev.  233. 

Mandamus  will  not  lie  to  compel  the 
>r.  after  once  making  valuation  of 
property  for  the  purpose  of  taxation,  to 
makes  a  revaluation,  though  the  court  finds 
the  valuation  fixed  to  be  excessive.  Hardin 
v.  (Juthrie,  26  Nev.  246. 

A-  to  when  county  treasurer  will  be  com- 
pelled to  apportion  license  money  to  state 


and  city  funds.  State  ex  rel.  City  of  Eeno 
v.  Boyd,  27  Nev.  24!». 

A  writ  of  mandamus  will  issue  to  compel 
a  district  judge  to  settle  statement  on 
motion  for  new  trial  preliminary  to  appeal 
in  estate  proceedings  to  set  aside  a  home- 
stead to  the  widow.  State  ex  rel.  Cook  v. 
bangan,  :'~2  Nev.  17(5  (105  P.  568). 

Mandamus  will  not  lie  where  there  is  a 
plain,  speedy,  and  adequate  remedy,  by 
motion  to  dismiss  an  appeal,  for  determina- 
tion of  the  same  matter.  An  appeal  from 
an  order  setting  aside  a  default  entered  by 
the  clerk  is  not  within  the  cases  set  forth 
in  the  section  of  the  civil  practice  act  pro- 
viding when  an  appeal  may  be  taken,  and 
therefore  mandamus  will  not  lie.  State  ex 
rel.  Botsford  v.  Langan,  29  Nev.  459  (91  P. 

7:<7). 

The  quest  ion  whether  the  court  has 
e\  .ceded  his  power  and  jurisdiction  cannot 
l»e  determined  in  mandamus.  State  ex  rel. 
Ollice  Specialty  Co.  v.  Curler,  26  Nev.  347. 

Where  relator's  complaint  for  divorce 
against  his  wife  alleged  that  the  acts  con- 
stituting the  cause  of  action  were  committed 
l.y  defendant  before  she  became  insane,  her 
>i:b«.equent  insanity  constituted  no  ground 
for  the  trial  court's  refusal  to  try  the  cause 
which  was  at  issue,  during  the  continuance 
of  such  insanity.  Where  the  trial  judge  did 
not  deny  or  answer  the  allegation  of  a  peti- 
tion for  mandamus,  that  he  had  refused  ever 
to  try  petitioner's  divorce  case  on  account 
of  the  insanity  of  the  defendant,  such  alle- 
gation would  be  regarded  as  admitted. 
State  ex  rel.  Bachelder  v.  Murphy,  29  Nev. 
1  lit. 

As  to  when  controller  will  be  compelled  to 
diaw  warrant  for  salary  of  an  appointive 
officer  where  an  appropriation  has  been 
made  by  the  legislature.  See  State  ex  rel. 
Davis  v.  Eggers,  29  Nev.  469,  16  L.  B.  A. 
(N.  S.)  630,  91  P.  819;  State  ex  rel.  Fowler 
v.  Eggers,  33  Nev.—  (112  P.  699). 

See,  also,  State  ex  rel.  Mighels  v.  Eggers, 
34  Nev.  — . 

As  to  when  mandamus  will  lie  to  compel 
officers  of  mining  company  to  stamp  mining 
stock  "treasury  stock"  or  "promotion  stock." 
"Treasury  stock"  and  "promotion  stock" 
defined.  See  State  ex  rel.  Moore  v.  Man. 
Verde  Co.,  32  Nev.  474  (109  P.  442).  See, 
also,  State  ex  rel.  Miles  v.  Wedge,  27  Nev. 
63. 


5H96.    Writ,  when  and  how  issued. 

SEC.  754.    This  writ  shall  be  issued  in  all  cases  where  there  is  not  a 

plain,  speedy,  and  adequate  remedy  in  the  ordinary  course  of  law.    It 

shall  be  issued  upon  affidavit,  on  the  application  of  the  party  beneficially 
interested. 

Kerr,  C.  C.  P.,  1086. 

See   State  ex  rel.  Piper  v.   Gracey,  State  in  a  case  where  petitioner  has  a  plain,  speedy 

ex  rel.  Sears  v.  Wright,  State  ex  rel.  Kyan  and  adequate  remedy  at  law.     Mayberry  v. 

v.  Cronan,  State  ex  rel.  Huffaker  v.  Crosby,  Bowker,  14  Nev.  336,  340. 

;md    State   ex  rel.   Holley  v.  Boerlin,  under  In    view   of   the   provisions   of  the   above 

sec.  753  of  this  act.  section,  the  old  rule  of  practice,  according 

The  writ  of  mandamus  will  not  be  issued  to   which    mandamus   proceedings   are   insti- 


Sec.  5697  CIVIL  PRACTICE  1666 

tuted    in    the   name    of   the    state    upon   the  exceeded  his  power  and  jurisdiction  cannot 

relation  of  the  party  interested,  will  not  be  be  determined  in  mandamus.     Idem, 
disturbed.     State  ex  rel.  Office  S.  M.  Co.  v.  See   State   ex   rel.    Curtis   v.   McCullough, 

Curler,  26  Nev.  347,  353  (67  P.  1075).  under  sec.  752  of  this  act. 

Under  Stats.    1901,   93,   it   was   held  that,  Where   a   district   court   refused  to   traiis- 

where  the  district  judge  heard  the  petition  fer  a  cause  pending  in  it  to  a  United  States 

of    a    person    claiming    the    benefit    of    the  court,    and    mandamus    was    applied    for    to 

statute,   but   refused  to   appoint   appraisers,  compel  such  transfer,  it  was  held  that  such 

mandamus    would   not    issue    to    compel    the  was  not  the  proper  remedy,  for  the  reason 

judge  to  make  such  appointment,  since  the  that   the   writ   could   only   direct   the    court 

power  to  hear,  given  to  him  by  the  statute,  below  to  act,  not  how  to   act,  and  that  to 

involved   the   power   to    determine,    and   the  entertain  the  application  would  be  in  effect 

determination    upon    such    hearing    being    a  to  review  judicial  action,  which  is  not  the 

judicial    act,    it    could   not    be   reviewed   by  function  of  mandamus.     State  ex  rel.  Comb, 

mandamus.     Idem.  S.  M.  Co.  v.  Curler,  4  Nev.  445,  447. 

The     question     whether     the     court     has 

5697.  Writ  must  be  either  alternative  or  peremptory— Form  of. 

SEC.  755.  The  writ  shall  be  either  alternative  or  peremptory.  The 
alternative  writ  shall  state  generally  the  allegation  against  the  party  to 
whom  it  is  directed,  and  command  such  party,  immediately,  after  the 
receipt  of  the  writ,  or  at  some  other  specified  time,  to  do  the  act  required 
to  be  performed,  or  to  show  cause  before  the  court,  at  a  specified  time  and 
place,  why  he  has  not  done  so.  The  peremptory  writ  shall  be  in  a  similar 
form,  except  that  the  words  requiring  the  party  to  show  cause  why  he  has 
not  done  as  commanded  shall  be  omitted,  and  a  return  day  shall  be 
inserted. 

Kerr,  C.  C.  P.,  1087. 

5698.  When  alternative  or  peremptory  will  issue— Notice— Default- 

Hearing  by  court. 

SEC.  756.  When  the  application  to  the  court  or  district  judge  is  made 
without  notice  to  the  adverse  party,  and  the  writ  is  allowed,  the  alterna- 
tive shall  be  first  issued ;  but  if  the  application  be  upon  due  notice,  and  the 
writ  is  allowed,  the  peremptory  may  be  issued  in  the  first  instance.  The 
notice  of  the  application,  when  given,  shall  be  at  least  ten  days.  The  writ 
shall  not  be  granted  by  default.  The  case  shall  be  heard  by  the  court, 
whether  the  adverse  party  appear  or  not. 

Kerr,  C.  C.  P..,  1088. 

5699.  Answer  to  writ  may  show  cause,  how  made. 

SEC.  757.  On  the  return  day  of  the  alternative,  or  the  day  on  which  the 
application  of  the  writ  is  noticed,  or  such  further  day  as  the  court  or  dis- 
trict judge  issuing  the  writ  may  allow,  the  party  on  whom  the  writ  or 
notice  shall  have  been  served  may  show  cause  by  answer  under  oath,  made 
in  the  same  manner  as  an  answer  to  a  complaint  in  a  civil  action. 

Kerr,  C.  C.  P.,  1089. 

It     being     shown     by    the     affidavit     and       was  filed,  he  is  entitled  to  his  costs  incurred 
answer    that    relator    was    entitled    to    the       up    to    that    time.     State    ex    rel.    Curtis    v. 
office   when   he   applied   for   the   alternative       McCullough,  3  Nev.  203,  223. 
writ,  and  so  also  when  the  original  answer 

5700.  When  answer  raises  question  of  fact— Question  tried  before  jury. 
SEC.  758.     If  an  answer  is  made,  which  raises  a  question  as  to  matter 

of  fact  essential  to  the  determination  of  the  motion,  and  affecting  the 
substantial  rights  of  the  parties,  and  upon  the  supposed  truth  of  the 
allegation  of  which  the  application  for  a  writ  is  based,  the  court  may,  in 
its  discretion,  order  the  question  to  be  tried  before  a  jury,  and  postpone 
the  argument  until  such  trial  can  be  had  and  the  verdict  certified  to  the 
court.  The  question  to  be  tried  shall  be  distinctly  stated  in  the  order  for 
trial,  and  the  county  shall  be  designated  in  which  the  same  shall  be  had. 


1667  CIVIL  PRACTICE  Sec.  5706 

The  order  may  also  direct  the  jury  to  assess  any  damages  which  the 
applicant  may  have  sustained,  in  case  they  find  for  him. 
Kerr,  C.C.P.,1090. 

5701.  May  object  to  sufficiency  of  answer  and  introduce  proof. 

SEC.  759.  On  the  trial  the  applicant  shall  not  be  precluded  by  the 
answer,  of  any  valid  objection  to  its  sufficiency,  and  may  contravail  it  by 
proof  either  in  direct  denial  or  by  way  of  avoidance. 

Krrr.  C.  C.  P.,  1091. 

5702.  New  trial  may  be  had.  when— Jury  summoned  within  five  days. 
SEC.  760.    If  either  party  is  dissatisfied  with  the  verdict  of  the  jury,  he 

may  move  for  a  new  trial  upon  the  minutes  of  the  court  as  provided  in 
section  379.  The  motion  for  a  new  trial  may,  upon  reasonable  notice,  be 
brought  on  before  the  judge  of  the  court  in  which  the  cause  was  tried  either 
in  term  or  vacation.  If  a  new  trial  be  granted,  the  jury  shall,  within  five 
days  thereafter,  unless  the  parties  agree  on  a  longer  time,  be  summoned 
to  try  the  issue.  After  a  second  verdict  in  favor  of  the  same  party,  a  new 
trial  shall  not  be  had. 

K«-rr.  C.C,  I'.-  I' >'•'-. 

5708.    Clerk  to  transmit  venlirt.  when— Arjrumeiit— Notice. 

SEC.  761.  If  no  notice  for  a  new  trial  be  given,  or,  if  given,  be  denied, 
the  clerk,  within  five  days  after  the  rendition  of  the  verdict,  or  denial  of 
the  motion,  shall  transmit  to  the  court  in  which  the  application  for  the 
writ  is  pending,  a  certified  copy  of  the  verdict,  attached  to  the  order  of 
trial ;  after  which  either  party  may  bring  on  the  argument  of  the  applica- 
tion, upon  reasonable  notice  to  the  adverse  party. 

Kerr,C.C.P.,1093. 

5704.  If  no  answer  tiled,  case  liow  heard— If  certain  answer,  argument  to 

be  heard. 

SEC.  762.  If  no  answer  be  made,  the  case  shall  be  heard  on  the  papers 
of  the  applicant.  If  an  answer  be  made  which  does  not  raise  a  question 
such  as  is  mentioned  in  section  758,  but  only  such  matters  as  may  be 
explained  or  avoided  by  a  reply,  the  court  may,  in  its  discretion,  grant  time 
for  replying.  If  the  answer,  or  answer  and  reply,  raise  only  questions  of 
law,  or  put  in  issue  immaterial  statements,  not  affecting  the  substantial 
rights  of  the  parties,  the  court  shall  proceed  to  hear,  or  fix  a  day  for  hear- 
ing, the  argument  of  the  case. 

Kerr,  C.C.  P.,  1094. 

See  State  ex  rel.  Piper  v.  Gracey,  under  sec.  753  of  this  act. 

5705.  Execution  may  issue  to  enforce  judgment. 

SEC.  763.  If  judgment  be  given  for  the  applicant,  he  shall  recover  the 
damages  which  he  shall  have  sustained  as  found  by  the  jury,  or  as  may  be 
determined  by  the  court  or  referees,  upon  a  reference  to  be  ordered, 
together  with  costs;  and  for  such  damages  and  costs  an  execution  may 
issue,  and  peremptory  mandate  shall  also  be  awarded  without  delay. 

Kerr,  C.C.  P.,  1095. 

5706.  Writ,  how  served. 

SEC.  764.  The  writ  shall  be  served  in  the  same  manner  as  a  summons 
in  a  civil  action,  except  when  otherwise  expressly  directed  by  the  order  of 
the  court  or  district  judge  issuing  the  writ. 

Kerr,  C.C.  P.,  1096. 

Tliis  scrtion  seems  expressly  to  authorize  any  time.  State  ex  rel.  Curtis  v.  McCul- 
tln-  <-ourt  to  make  the  writ  returnable  at  lough,  3  Nev.  214. 


Sec.  5707  CIVIL  PRACTICE  1668 

5707.  Penalty  for  refusal  to  obey  writ. 

SEC.  765.  When  a  peremptory  mandate  has  been  issued  and  directed  to 
any  inferior  tribunal,  corporation,  board,  or  person,  if  it  appear  to  the 
court  that  any  member  of  such  tribunal,  corporation,  or  board,  or  such  per- 
son, upon  whom  the  writ  has  been  personally  served,  has,  without  just 
excuse,  refused  or  neglected  to  obey  the  same,  the  court  may,  after  notice 
and  hearing  adjudge  the  party  guilty  of  contempt  and  upon  motion,  impose 
a  fine  not  exceeding  one  thousand  dollars.  In  case  of  persistence  in  a 
refusal  of  obedience,  the  court  may  order  the  party  to  be  imprisoned  for 
a  period  not  exceeding  three  months  and  may  make  any  orders  necessary 
and  proper  for  the  complete  enforcement  of  the  writ.  If  a  fine  be  imposed 
upon  a  judge  or  officer  who  draws  a  salary  from  the  state  or  county,  a 
certified  copy  of  the  order  shall  be  forwarded  to  the  controller  or  county 
treasurer,  as  the  case  may  be,  and  the  amount  thereof  may  be  retained 
from  the  salary  of  such  judge  or  officer.  Such  judge  or  officer  for  his  wil- 
ful disobedience  shall  also  be  deemed  guilty  of  a  misdemeanor  in  office. 
Service  upon  a  majority  of  the  members  of  any  board  or  body  is  service 
upon  the  board  or  body,  whether  at  the  time  of  the  service  the  board  or 
body  was  in  session  or  not. 

Kerr,  C.  C.  P.,  1096,  1097. 

CHAPTER  74 

PROHIBITION 

5708.  Writ  of  prohibition  defined. 

SEC.  766.  The  writ  of  prohibition  is  the  counterpart  of  the  writ  of 
mandate.  It  arrests  the  proceedings  of  any  tribunal,  corporation,  board, 
or  person,  whether  exercising  functions  judicial  or  ministerial,  when  such 
proceedings  are  without  or  in  excess  of  the  jurisdiction  of  such  tribunal, 
corporation,  board,  or  person. 

Kerr,  C.  C.  P.,  1102. 

5709.  Where  and  when  issued. 

SEC.  767.  It  may  be  issued  only  by  the  supreme  court,  to  an  inferior 
tribunal,  or  to  a  corporation,  board,  or  person,  in  all  cases  where  there  is 
not  a  plain,  speedy  and  adequate  remedy  in  the  ordinary  course  of  law.  It 
is  issued  upon  affidavit,  on  the  application  of  the  person  beneficially 
interested. 

Kerr,  C.  C.  P.,  1103. 

Regarding  jurisdiction  of  supreme  court  to  issue  writs  of  prohibition,  see  Const.,  sec.  319. 

5710.  Writ  may  be  alternative  or  peremptory— Form  of. 

SEC.  768.  The  writ  must  be  either  alternative  or  peremptory.  The 
alternative  writ  must  state  generally  the  allegation  against  the  party  to 
whom  it  is  directed  and  command  such  party  to  desist  or  refrain  from 
further  proceedings  in  the  action  or  matter  specified  therein,  until  the 
further  order  of  the  court  from  which  it  is  issued,  and  to  show  cause 
before  such  court,  at  a  specified  time  and  place,  why  such  party  should  not 
be  absolutely  restrained  from  any  further  proceedings  in  such  action  or 
matter. 

The  peremptory  writ  must  be  in  a  similar  form,  except  that  the  words 
requiring  the  party  to  show  cause  why  he  should  not  be  absolutely 
restrained,  etc.,  must  be  omitted  and  a  return  day  inserted. 

Kerr,  C.  C.  P. ,1104. 

The  order  of  prohibition  may  issue  from  is  not  to  correct  errors,  but  to  prevent  courts 
the  supreme  court  in  a  proper  case  to  arrest  transcending  the  boundaries  of  their  juris- 
the  progress  of  a  trial.  But  such  order  diction.  Upon  a  writ  of  prohibition  we  can- 
should  not  issue  where  there  is  other  and  not  review  an  interlocutory  order  made  in 
adequate  remedy.  The  office  of  such  writ  the  court  below.  That  can  only  be  reviewed 


1669 


CIVIL  PRACTICE 


See,  5712 


•  in   appeal  from  the  final  judgment.     Low  v. 

•  t,»\vn  Point  M.  Co.,  2  Nev.  75,  77. 

If  the  district  court  did  not.  have  power 
t«i  proceed  originally  by  indictment  in  a 
criminal  case,  prohibition  is  the  proper 
remedy  to  prevent  it  from  taking  jurisdic- 
tion. 'Moore  v.  Orr,  30  Xev.  458  (90  P.  398). 

A  writ  of  prohibition  will  not  issue  to  pre- 
vent an  inferior  court  from  trying  an  action 

•  •net'     properly    before    it,    but     claimed    to 
have    been     afterwards    dismissed,    as    the 
question  of  dismissal    was   a    proper  one  for 
the   inferior   court   to    decide:    nor    will    the 
writ    issue   upon   the   claim    that    the   action 
!;as  lieen  transferred  to  the  circuit  court  of 
the   I'nited  States,  as  that  question  is  also 
a  proper  one  for  the  inferior  court  to  decide, 
subject  to  appeal,  and  for  the  further  reason 
that  the  decision  of  this  court  would  not  be 
final   should  the  United  States  court  decide 
otherwise  ami  remand  the  action  to  the  state 
court    for    trial,    ami    in    either    event    error 
in    the   inferior   n.urt  is  only  reviewable  on 
appeal   or  by  petition  to  the   1'nited  States 
court.     Walcott    v.    Wells,    21    Nev.    47  (37 

V.  8,   178,  !»  L.  R.  A.  59,  24  P.  367). 
A  writ  of  prohibition  cannot  ordinarily  be 

to  correct  errors  l>y  inferior  tribunals, 
and  will  not  i--ue  either  in  civil  or  criminal 

•  diiiLjs.     \\here    there    is    an    adequate 

liy  appeal  or  writ  of  certiorari. 
Where   ;m    action    was   brought   to   recover 

--ion  of  certain  mining  ground  on  an 
agreement  containing  a  provision  for  plain 
tiff's  taking  possession  of  and  working  the 

.  ami  the  court  had  original  jurisdiction 
to  hear  and  determine  the  issiie^.  if  it  erred 
in  ordering  judgment  for  plaintiff  for  pos- 
session and  for  an  accounting,  or  for  dam- 

I'or  defendant's  refusal  to  deliver  pos- 
-ex-ion  under  the  agreement,  its  decision  was 
reviewable  by  appeal  only,  and  not  on  a  writ 
of  prohibition. 

Where  defendants,  in  an  action  to  recover 
a  mining  claim,  contended  that  a  provision 
of  the  decree  in  favor  of  plaintiff  and  direct- 
ing an  accounting  was  not  within  the  issues, 
whether  the  court  had  jurisdiction  to  decree 
such  an  accounting  was  reviewable  by 
appeal,  and  not  by  a  writ  of  prohibition. 
Silver  Peak  Mines  v.  Second  Judicial  Dis- 
trict Court,  33  Nev.  —  (110  P.  503). 

While  the  great  function  of  the  writ  of 
prohibition  is  to  restrain  courts  and  judicial 


tribunals  from  exceeding  their  jurisdiction, 
nevertheless,  the  writ  has  not  been  restricted 
exclusively  to  such  class  of  cases,  but  it  has 
run  to  other  officers  exercising  or  attempting 
to  exercise  judicial  or  quasi-judicial  functions 
beyond  their  powers,  where  no  other  ade- 
quate remedy  existed.  State  ex  rel.  Schloss 
v.  Stevens,  :''.:*  Nev.— (116  P.  105). 

The  power  conferred  upon  the  supreme 
court  to  issue  writs  of  mandamus,  quo  war- 
ranto,  and  other  writs  is  an  original  juris- 
diction, and  not  merely  auxiliary  to  its 
appellate  jurisdiction.  Curtis  v.  McCullough, 
3  Nev.  202,  214,  215,  216. 

Whore  petitioners  were  sought  to  be 
removed  from  office  for  malfeasance,  under 
our  law,  authorizing  the  filing  of  a  complaint 
liy  a  private  complainant,  the  hearing  of 
the  matter  by  summary  proceedings,  and 
declaring  that,  if  an  appeal  is  taken  from 
an  order  of  removal,  the  officer  removed 
shall  not  occupy  the  office  pending  appeal, 
and  it  was  claimed  that  such  sections  were 
unconstitutional,  petitioners'  remedy  by 
appeal  was  not  adequate,  and  they  were 
therefore  entitled  to  a  determination  of  the 
constitutionality  of  the  statute  on  writ  of 
prohibition  to  restrain  the  further  prosecu- 
tion of  the  removal  proceedings  against 
them.  Bell  v.  District  Court,  28  Nev.  280. 

The  writ  of  prohibition  will  not  lie  to 
restrain  a  judge  of  the  district  court  from 
canvassing  the  returns  from  an  election  pre- 
cinct in  an  election  contest,  since  the  party 
aggrieved  by  an  erroneous  action  of  the 
court  has  an  adequate  remedy  by  appeal. 
Turner  v.  Langan,  29  Nev.  281. 

Proceedings  for  contempt  being  quasi- 
criminal,  the  petition  or  affidavit  must  show 
contempt  before  the  court  has  jurisdiction 
to  punish,  and  where  the  court  attempts  to 
punish  for  violation  of  a  void  order  by 
referees,  prohibition  will  issue,  and  the  party 
is  not  required  to  review  by  appeal.  Cline 
v.  Langan,  31  Nev.  239. 

Where  a  court;  in  appointing  a  receiver  of 
a  bank,  had  no  jurisdiction  of  the  proceeding 
because  necessary  parties  had  not  been 
served  with  notice,  prohibition  is  the  proper 
remedy  to  restrain  the  court  and  the  receiv- 
ers appointed  from  proceeding  under  the 
order  appointing  the  receiver  and  all  orders 
subsequent  thereto  and  based  thereon. 
Golden  v.  District  Court,  31  Nev.  250. 


CHAPTER  75 

GENERAL  PROVISIONS  AS  TO  CERTIORARI,  MANDAMUS  AND  PROHIBITION 

5711.    Court  may  order  return  and  hearing*  at  any  time. 

SEC.  769.  Writs  of  certiorari,  mandamus,  and  prohibition  may,  in  the 
discretion  of  the  court,  or  judge  issuing  the  writ,  be  made  returnable  and 
a  hearing  thereon  be  had  at  any  time. 

571*2.    Civil  procedure  applicable— Exception. 

SEC.  770.  Except  as  otherwise  provided  in  the  three  chapters  next  pre- 
ceding, the  provisions  of  this  code  relative  to  civil  actions  in  the  district 
courts  are  applicable  to  and  constitute  the  rules  of  practice  in  the  proceed- 
ings mentioned  in  those  chapters. . 


Sec.  5713  CIVIL  PRACTICE  1670 

5713.  New  trials  and  appeals. 

SEC.  771.  The  provisions  of  this  act  relative  to  new  trials  in,  and 
appeals  from  the  district  court,  except  so  far  as  they  are  inconsistent  with 
the  provisions  of  the  three  chapters  next  preceding,  apply  to  the  proceed- 
ings mentioned  in  those  chapters. 

See  section  319  State  Constitution  and  authorities  thereunder  cited,  pages  93-95,  ante. 

CHAPTER  76 
JUSTICES'   COURTS — JURISDICTION 

5714.  Justices'  courts,  where  held— Always  open— Jurisdiction. 

SEC.  772.  The  courts  held  by  justices  of  the  peace  are  denominated 
justices'  courts.  They  shall  have  no  terms,  but  shall  always  be  open. 
Justices'  courts  shall  be  held  in  their  respective  townships,  precincts  or 
cities. 

Justices'  courts  shall  have  jurisdiction  of  the  following  actions  and 
proceedings : 

1.  In  actions  arising  on  contract  for  the  recovery  of  money  only  if  the 
sum  claimed,  exclusive  of  interest,  does  not  exceed  three  hundred  dollars. 

2.  In  actions  for  damages  for  injury  to  the  person,  or  for  taking,  detain- 
ing, or  injuring  personal  property,  or  for  injury  to  real  property  where 
no  issue  is  raised  by  the  verified  answer  of  the  defendant  involving  the 
title  to  or  possession  of  the  same,  if  the  damage  claimed  does  not  exceed 
three  hundred  dollars. 

3.  In  actions  for  a  fine,  penalty,  or  forfeiture,  not  exceeding  three  hun- 
dred dollars,  given  by  statute,  or  the  ordinance  of  an  incorporated  or 
unincorporated  city,  where  no  issue  is  raised  by  the  answer  involving  the 
legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine. 

4.  In  actions  upon  bonds  or  undertakings  conditioned  for  the  payment 
of  money,  if  the  sum  claimed  does  not  exceed  three  hundred  dollars,  though 
the  penalty  may  exceed  that  sum. 

5.  Of  an  action  upon  a  surety  bond  or  undertaking,  though  the  penalty 
exceed,  if  the  amount  claimed  does  not  exceed  three  hundred  dollars. 

6.  In  actions  to  recover  the  possession  of  personal  property  if  the  value 
of  such  property  does  not  exceed  three  hundred  dollars. 

7.  To  take  and  enter  judgment  on  the  confession  of  a  defendant,  when 
the  amount  confessed,  exclusive  of  interest,  does  not  exceed  three  hundred 
dollars. 

/      8.  Of  actions  for  the  possession  of  lands  and  tenements,  where  the 
|  relation  of  landlord  and  tenant  exists. 

9.  Of  actions  when  the  possession  of  lands  and  tenements  has  been 
unlawfully  or  fraudulently  obtained  or  withheld,  in  which  case  the  pro- 
ceedings shall  be  as  prescribed  by  the  acts  upon  that  subject. 

10.  Of  suits  for  the  collection  of  taxes,  where  the  amount  of  the  tax 
sued  for  does  not  exceed  three  hundred  dollars. 

11.  Concurrent  jurisdiction  with  the  district  courts  of  actions  for  the 
enforcement  of  mechanics'  liens,  where  the  amount  of  the  lien  sought  to 
be  enforced,  exclusive  of  interest,  does  not  exceed  three  hundred  dollars. 

The  jurisdiction  conferred  by  this  section  shall  not  extend  to  a  civil 
action,  in  which  the  title  of  real  property  or  mining  claims,  or  questions 
affecting  the  boundaries  of  land,  are  involved,  or  to  actions  to  enforce 
mechanics'  liens ;  and  if  questions  of  title  to  real  property  be  involved,  cases 
involving  such  questions  shall  be  disposed  of  as  hereinafter  provided  in 
this  act. 

Regarding  jurisdiction  of  justices  of  the  peace,  see  Const.,  sec.  323.  Jurisdiction  in  crim- 
inal cases,  sec.  4851;  extends  to  limits  of  the  county,  sec.  7470. 

Trials  before  justice  of  the  peace  for  misdemeanors,  sec.  7470,  et  seq. 


1671  CIVIL  PRACTICE  Sec,  5715 


Duties  of  as  committing  magistrate,  sec.  <W29,  et  seq. 

In  rase  of  illness  or  absence  may  call  another,  sec.  4926. 

Ex  officio  registry  agent,  and  as  such  may  appoint  deputy,  sec.  170-"). 

Violation  of  town  ordinances,  see  sec.  866. 

Proceedings  for  sale  of  personal  property  for  taxes,  sec.  .'-><>7!>. 

See  Children,  sec.  741,  742. 

<  Miieial  bond  and  oath,  sec.  49i'7. 

See  Const,,  sec.  321,  .".ir.. 

Consent   of   parties   cannot   give   jurisdic-  injury  to  real  property  do  not  exceed  $300, 

tion.     Paul  v.  Armstrong,  1  Nev.  82,  100.  the  justices'   courts   shall   have  jurisdiction. 

Courts  of  justices  of  the  peace,  being  mere  Sees.  1   and  2,  Stats.   1893,  30,  provide  for 

creatures    of   statutes,   have   no   jurisdiction  damages  against   anyone   raising  live   stock 

except  that  which  is  expressly  granted  them  on    land   to   which   another  has  title,   or   on 

l>y    law.     Paul   v.  Beegan   1   Nev.   327,   330,  which     first     payment     has    been    made    by 

:;::i.  another.     A   complaint   filed   in   the   district- 

When  any  rights  are  claimed  by  virtue  of  court  alleged  trespass  by  defendant's  slice}) 

a    judgment  of  a  court  of  special  or  limited  on   plaintiff's  land  to  his  damage  in   the  sum 

jurisdiction,  all  the  facts  necessary  to  con-  of    $lni>.      hefendant    demurred   for   lack    of 

t'er  jurisdiction  must  be  affirmatively  shown.  jurisdiction  because  of  the  amount  involved. 

Ma  lift  t  v.  Uncle  Sam  <!.  \  S.  M.  Co.,  1  Nev.  It  was  held  that,  no  issue  being  made  save 

188.  that    of    law    raised    by    demurrer,    the    court 

A    mere    recital    in    a    transcript    from    a  could   not    have  known  whether  title  to  real 

justice'-,    docket    that    defendant    was    duly  estate   be    involved,   and  properly   sustained 

i     is    nut     sufficient.     Before    the    trail-  a    demurrer.      Dangberg    v.    Kuhenst  rot  h.    L'fi 

script  can  be  admitted  to  establish  the  rights  Nev,    I.",."),  459  (70  P.  320), 

of  one  holding  under  the  judgment  of  a  jus-  Courts  of  justices  of  the  peace,  being  of 

tire,    the    facts    in     regard    to    the    service    of  special     and     limited     jurisdiction,     can     take 

summons    must    appear.      McDonald   v.   Pres-  nothing  by  intendment   or  implication.     Paul 

cott.  i'   Nev.    109.  v.   Armstrong,  1   Nev.  82. 

1'nder    sec.    .~>:{9,    Stats.    1869,    I'M;,    it    was  Where    a    statute    prescribes   the   mode    of 

decided:     Justices   of  the  peace  have  juris-  ac^uiriii-    jurisdiction,    that    mode   must    be 

diction  to  try  an  action   for  malicious  injury  complied    with    or   the    proceedings    will   be  a 

to  r.-al   estate  in  cases  where  the  defendant  nullity.     Idem. 

claims    an    adverse    title    to    the    property.  A    justice  of  the  peace  has  jurisdiction  of 

State  ex  rel.  Murphv  v.  Rising,  10  Nev.  97.  an    action    against   a    county    for   a    sum   less 

Stats.   lsij«>.  I'.M;.  sec.  509,  provides  that  in  than  $300.     Floral  Springs  W.  Co.  v.  Kives, 

eases    where   the    damages    claimed   for    an  II  Nev.  }."•!. 

CHAPTER  77 
JUSTICES'  COURTS  —  PLACE  OF  TRIAL 

."71.1.   Actions,  in  what  township  or  city  may       ."7  is.   To  what  court  transferred. 

be  commenced.  .~>719.  Proceedings      after      order      changing 

.~>7H5.  Place    of    trial    may    be    changed    in  place    of    trial. 

certain  cases.  ."I'M.    Kfl'ert  of  an  order  changing  place  of 

"17.    Limitation  on  the  right  to  change.  trial. 

."•721.  Transfer  of  cases  to  the  district  court. 

5715.    Actions,  in  what  township  or  city  may  be  commenced. 

SEC.  773.  Actions  in  justices'  courts  must  be  commenced,  and,  subject 
to  the  right  to  change  the  place  of  trial,  as  in  this  chapter  provided,  must 
be  tried  : 

1.  If  there  is  no  justices'  court  for  the  township  or  city  in  which  the 
defendant  resides:  in  any  city  or  township  of  the  county  in  which  he 
resides. 

2.  When  two  or  more  persons  are  jointly,  or  jointly  and  severally,  bound 
in  any  debt  or  contract,  or  otherwise  jointly  liable  in  the  same  action,  and 
reside  in  different  townships  or  different  cities  of  the  same  county,  or  in 
different  counties:  in  the  township  or  city  in  which  any  of  the  persons 
liable  may  reside. 

3.  In  cases  of  injury  to  the  person  or  property:  in  the  township  or  city 
where  the  injury  was  committed,  or  where  the  defendant  resides. 

4.  If  for  the  recovery  of  personal  property,  or  the  value  thereof,  or 
damages  for  taking  or  detaining  the  same:  in  the  township  or  city  in 
which  the  property  may  be  found,  or  in  which  the  property  was  taken, 
or  in  which  the  defendant  resides. 


Sec.  5716  CIVIL  PRACTICE  1672 

5.  When  the  defendant  is  a  nonresident  of  the  county :  in  any  township 
or  city  wherein  he  may  be  found. 

6.  When  the  defendant  is  a  nonresident  of  the  state :  in  any  township  or 
city  in  the  state. 

7.  When  a  person  has  contracted  to  perform  an  obligation  at  a  particular 
place,  and  resides  in  another  county,  township,  or  city:  in  the  township 
or  city  in  which  such  obligation  is  to  be  performed,  or  in  which  he  resides ; 
and  the  township  or  city  in  which  the  obligation  is  incurred  shall  be  deemed 
to  be  the  township  or  city  in  which  it  is  to  be  performed,  unless  there  is 
a  special  contract  to  the  contrary. 

8.  When  the  parties  voluntarily  appear  and  plead  without  summons :  in 
any  township  or  city  in  the  state. 

9.  In  all  other  cases:  in  the  township  or  city  in  which  the  defendant 
resides. 

Kerr,  C.  C.P.,832. 

If  a  judgment  be  rendered  by  a  justice  of  where  there  is   no   other  plain,  speedy   and 

the  peace  in  a  case  in  which  he  has  acquired  adequate    remedy,    it    will    be    annulled    on 

no    jurisdiction,    his    action    is    void;     and  certiorari.  Roy  v.  Whitford,  9  Nev.  370,  372. 

5716.  Place  of  trial  may  be  changed  in  certain  cases. 

SEC.  774.  The  court  may,  at  any  time  before  the  trial,  on  motion,  change 
the  place  of  trial  in  the  following  cases : 

1.  When  it  appears  to  the  satisfaction  of  the  justice  before  whom  the 
action  is  pending,  by  affidavit  of  either  party,  that  such  justice  is  a  material 
witness  for  either  party. 

2.  When  either  party  makes  and  files  an  affidavit  that  he  believes  that  he 
cannot  have  a  fair  and  impartial  trial  before  such  justice,  by  reason  of  the 
interest,  prejudice,  or  bias  of  the  justice. 

3.  When  a  jury  has  been  demanded,  and  either  party  makes  and  files  an 
affidavit  that  he  cannot  have  a  fair  and  impartial  trial,  on  account  of  the 
bias  or  prejudice  of  the  citizens  of  the  township  or  city  against  him. 

4.  When,  from  any  cause,  the  justice  is  disqualified  from  acting. 

5.  When  the  justice  is  sick  or  unable  to  act. 

In  lieu  of  changing  the  place  of  trial,  the  justice  before  whom  the  action 
is  pending,  may  for  any  of  the  cases  mentioned  in  the  1,  2,  4  and  5  sub- 
divisions of  this  section  call  another  justice  of  the  county  to  conduct  the 
trial. 

Kerr,  C.  C.P.,833. 

5717.  Limitation  on  the  right  to  change. 

SEC.  775.  The  place  of  trial  cannot  be  changed,  on  motion  of  the  same 
party,  more  than  once,  upon  any  or  all  the  grounds  specified  in  the  first, 
second,  and  third  subdivisions  of  the  preceding  section. 

Kerr,  C.  C.  P.,  834. 

5718.  To  what  court  transferred. 

SEC.  776.  When  the  court  orders  the  place  of  trial  to  be  changed,  the 
action  must  be  transferred  for  trial  to  a  court  the  parties  may  agree  upon ; 
and  if  they  do  not  so  agree,  then  to  another  justice's  court  in  the  same 
county. 

Kerr,  C.C.P.,835. 

5719.  Proceedings  after  order  changing  place  of  trial. 

SEC.  777.  After  an  order  has  been  made,  transferring  the  action  for 
trial  to  another  court,  the  following  proceedings  must  be  had : 

1.  The  justice  ordering  the  transfer  must  immediately  transmit  to  the 
justice  of  the  court  to  which  it  is  transferred,  on  payment  by  the  party 


1673  CIVIL  PRACTICE  See.  5721 

applying  of  all  the  costs  that  have  accrued,  all  the  papers  in  the  action, 
together  with  a  certified  transcript  from  his  docket  of  the  proceedings 
therein. 

2.  Upon  the  receipt  by  him  of  such  papers,  the  justice  to  whom  the  case 
is  transferred  has  thereafter  the  same  jurisdiction  over  the  action  as 
though  it  had  been  commenced  in  his  court.  He  must  issue  a  notice,  stat- 
ing when  and  where  the  trial  will  take  place,  which  notice  must  be  served 
upon  the  parties  at  least  one  day  before  the  time  fixed  for  trial. 

Kerr,  C.  C.  P.,s:;.,. 

5720.  Effect  of  an  order  rlmngin^  place  of  trial. 

SEC.  778.  From  the  time  the  order  changing  the  place  of  trial  is  made 
the  court  to  which  the  action  is  thereby  transferred  has  the  same  juris- 
diction over  it  as  though  it  had  been  commenced  in  such  court. 

Kerr,C.C.P.,897. 

5721.  Transfer  of  cases  to  the  district  court. 

SEC.  779.  The  parties  to  an  action  in  a  justice's  court  cannot  give  evi- 
dence upon  any  question  which  involves  the  title  or  possession  of  real 
property,  or  the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal 
fine;  nor  can  any  issue  presenting  such  question  be  tried  by  such  court; 
and  if  it  appear,  from  the  plaintiff's  own  showing  on  the  trial,  or  from  the 
answer  of  the  defendant,  verified  by  his  oath,  that  the  determination  of 
the  action  will  necessarily  involve  the  question  of  title  or  possession  to  real 
property,  or  the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal 
fine,  the  justice  must  suspend  all  further  proceedings  in  the  action  and 
certify  the  pleadings,  and,  if  any  of  the  pleadings  are  oral,  a  transcript  of 
the  same,  from  his  docket  to  the  clerk  of  the  district  court  of  the  county ; 
and  from  the  time  of  filing  such  pleadings  or  transcript  with  the  clerk, 
the  district  court  shall  have  over  the  action  the  same  jurisdiction  as  if  it 
had  been  commenced  therein ;  provided,  that  in  cases  of  forcible  entry 
and  detainer,  of  which  justices'  courts  have  jurisdiction,  any  evidence, 
otherwise  competent,  may  be  given,  and  any  question  properly  involved 
therein  may  be  determined. 

K«'1T,  C.   C.    P., 

Bee  sec.  s:«. 

Where  the  trial   of  a   case  in  a  justice's  to  the  land,  title  to  land  was  not  necessarily 

court,  involves  a  question  of  possession 'and  involved.     Idem. 

right  of  possession  of  real  estate,  the  case  A  justice   of  the  peace  cannot  certify   a 

should  be  transferred  to  the  district  court.  case  to  the  district  court,  on  the  ground  that 

Tull  v.  Anderson,  15  Nev.  426.  title   to    real    estate    is    involved,    unless    it 

Where  plaintiff  suing  in  a  justice's  court  appears  by  the  verified  answer  or  on  plain- 

for  trespass  on  land  gave  no  evidence  of  his  tiff's    own    showing    that    title    is    involved, 

title    by    patent,    deed,    prior    possession    or  Idem. 

otherwise,  to  any  part  of  the  land,  the  jus-  See  Const.,  sec.  323,  ante, 
tice  had  jurisdiction  to  enter  judgment  for  It   may  be  that  the   district   court  would 
defendant   for   the   costs,   title   to   land   not  have  power  to  remand  in  cases  where  a  jus- 
being    involved.     State    ex    rel.    Launiza    v.  tice  of  the  peace  had  erroneously  certified  a 
Justice  Court,  29  Nev.  191,  198  (87  P.  1).  case  to  the  district  court  upon  the  mistaken 

Where,  in  trespass  on  land,  action  brought  theory    that    a    question    involving    title    to 

in    a    justice's   court,    and   plaintiff   did    not  real  estate,  or  the  legality  of  a  tax,  impost, 

prove  ownership  to  the  land,  and  there  was  assessment,     toll     or     municipal     fine     was 

no    evidence   that   the   same   belonged    to    a  involved.     Bancroft  v.  Pike,  33  Nev.  —  (110 

third  person,  and  defendant  made  no  claim  P.  2). 

CHAPTER  78 
MANNER  OF  COMMENCING  ACTIONS  IN  JUSTICES'  COURTS 

5722.  Actions,  how   commenced.  5725.  Parties   may1  ^appear   in   person    or   by 

5723.  Summons  may  issue  within  a  year.  attorney. 

5724.  Defendant  may  waive  summons.  5726.  When    guardian   necessary,   appointed, 

how. 


Sec,  5722  CIVIL  PRACTICE  1674 

5727.  Summons,    how    issued,    directed,    and       5730.  Same. 

what  to  contain.  5731.  Summons,  limitation  on  service  of. 

5728.  Time  for  appearance   of  defendant.  5732.  Summons,  by  whom  and  how  served. 

5729.  Alias  summons.  5733.  Notice  of  hearing. 

5722.  Actions,  how  commenced. 

SEC.  780.  An  action  in  a  justice's  court  is  commenced  by  filing  a  com- 
plaint and  the  issuance  of  a  summons  thereon. 

Kerr,  C.C.P.,839. 

An  account  was  filed  in  the  justice's  court       default:    Held,  that  the  complaint  and  sum- 
against   "Irving,   McKay    &    Co.";    the    sum-       mons  were  sufficient  to  sustain  the  judgment, 
mons  was  returned  served  on   "the  defend-       Martin  v.  District  Court,  13  Nev.  85,  88. 
ants,"    and    the    judgment    was    entered    by 

5723.  Summons  may  issue  within  a  year. 

SEC.  781.  The  court  must  indorse  on  the  complaint  the  date  upon  which 
it  was  filed,  and  at  any  time  within  one  year  thereafter  the  plaintiff  may 
have  summons  issued. 

Kerr,  C.  C.  P.,  840.      . 

5724.  Defendant  may  waive  summons. 

SEC.  782.  At  any  time  after  the  complaint  is  filed,  the  defendant  may, 
in  writing,  or  by  appearing  and  pleading,  waive  the  issuing  of  summons. 

Kerr,  C.  C.P.,841. 

5725.  Parties  may  appear  in  person  or  by  attorney. 

SEC.  783.  Parties  in  justices'  courts  may  appear  and  act  in  person  or 
by  attorney ;  and  any  person  except  the  constable  by  whom  the  summons 
or  jury  process  was  served,  may  act  as  attorney. 

Kerr,  C.  C.P.,842. 

5726.  When  guardian  necessary,  how  appointed. 

SEC.  784.  When  an  infant,  insane,  or  incompetent  person  is  a  party,  he 
must  appear,  either  by  his  general  guardian  if  he  have  one,  or  by  a  guard- 
ian ad  litem  appointed  by  the  justice.  When  a  guardian  ad  litem  is 
appointed  by  the  justice,  he  must  be  appointed  as  follows: 

1.  If  the  infant,  insane,  or  incompetent  person  be  plaintiff,  the  appoint- 
ment must  be  made  before  the  summons  is  issued,  upon  the  application  of 
the  infant,  if  he  be  of  the  age  of  fourteen  years ;   if  under  that  age,  or  if 
insane  or  incompetent,  upon  the  application  of  a  relative  or  friend. 

2.  If  the  infant,  insane,  or  incompetent  person  be  defendant,  the  appoint- 
ment must  be  made  at  the  time  the  summons  is  returned  or  before  the 
answer,  upon  the  application  of  the  infant,  if  he  be  of  the  age  of  fourteen 
years,  and  apply  at  or  before  the  summons  is  returned ;  if  he  be  under  the 
age  of  fourteen,  or  be  insane  or  incompetent,  or  neglect  so  to  apply,  then 
upon  the  application  of  a  relative  or  friend,  or  any  other  party  to  the 
action,  or  by  the  justice,  on  his  own  motion. 

Kerr,  C.  C.P.,843. 

5727.  Summons,  how  issued,  directed,  and  what  to  contain. 

SEC.  785.  The  summons  must  be  Directed  to  the  defendant,  signed  by 
the  justice,  and  must  contain : 

1.  The  title  of  the  court,  name  of  the  county,  or  township  in  which  the 
action  is  brought,  and  the  names  of  the  parties  thereto. 

2.  A  direction  that  the  defendant  appear  and  answer  before  the  justice, 
at  his  office,  as  specified  in  section  786. 

3.  A  notice  that  unless  the  defendant  so  appear  and  answer,  the  plain- 
tiff will  take  judgment  for  any  money  or  damages  demanded  in  the  com- 
plaint, as  arising  upon  contract,  or  will  apply  to  the  court  for  the  relief 


1675  CIVIL  PRACTICE  Sec.  5781 

demanded  in  the  complaint.     If  the  plaintiff  appears  by  attorney,  the  name 
of  the  attorney  must  be  indorsed  upon  the  summons. 

Kerr,  C.  C.  P.,  844. 

(  'ited,  Martin  v.  District  Court,  13  Nev.  89.  where  than  within  the  county  in  which  the 

It    is   improper  to  take   judgment   on   the  action  is  brought.     Forsyth  v.  Chambers,  30 

.-ompletion  of  the  publication  in  cases  where  Nev.  337,  340  (96  P.  930). 

a     personal     service     cannot     be    had.     The  This    section    does    not    require    that    the 

defendant     is    entitled    to    twenty    days    in  names  of  the  attorneys  shall  be  included  in 

which  to  make  his  appearance  as  in  the  case  the  notice  of  publication.     Idem. 
of  personal   service  against  one  served  else- 

5728.  Time  for  appearance  of  defendant. 

SEC.  786.  The  time  specified  in  the  summons  for  the  appearance  of 
the  defendant  must  be  as  follows : 

1.  If  an  order  of  arrest  be  indorsed  upon  the  summons,  forthwith. 

2.  In  all  other  cases,  the  summons  must  contain  a  direction  that  the 
defendant  must  appear  and  answer  the  complaint  within  five  days,  if  the 
summons  be  served  in  the  county,  township,  or  city,  in  which  the  action 
is  brought;   within  ten  days,  if  served  out  of  the  township  or  city,  but  in 
the  county  in  which  the  action  is  brought,  and  within  twenty  days,  if 
served  elsewhere. 

Kerr.  C.  C.  P., 845. 

A  justice  of  the  peace  has  no  jurisdiction  after  the  expiration  of  six  weeks  from  date 
to  enter  judgment  in  a  case  where  the  SUMI-  of  service.  Pratt  v.  Stone,  25  Nev.  365, 
mOOfl  was  personally  served  on  defendant  J57O,  :',7:;  (  l>()  P.  514). 

without  the  state  in  lieu  of  publication  until  See    Korsvth    v.   Chambers,   under   sec.   785 

of  t  his  act. 

5729.  Alias  summons. 

SEC.  787.  If  the  summons  is  returned  without  being  served  upon  any 
or  all  of  the  defendants,  the  justice,  upon  the  demand  of  the  plaintiff,  may 
issue  an  alias  summons,  in  the  same  form  as  the  original,  except  that  he 
may  fix  the  time  for  the  appearance  of  the  defendant  at  a  period  not  to 
exceed  ninety  days  from  its  date. 

Kerr.  C.  C.  P., 846, 

5730.  Same. 

SEC.  788.  The  justice  may  issue  as  many  alias  summons  as  may  be 
demanded  by  the  plaintiff. 

Kerr,  C.  C.  P.,  847. 

5781.    Summons,  limitation  on  service  of. 

SEC.  789.  The  summons  cannot  be  served  out  of  the  county  wherein 
the  action  is  brought,  except  in  the  following  cases : 

1.  When  the  action  is  upon  the  joint  contract  or  obligation  of  two  or 
more  persons,  one  of  whom  resides  within  the  county. 

2.  When  the  action  is  brought  against  a  party  who  has  contracted  in 
writing  to  perform  an  obligation  at  a  particular  place,  and  resides  in  a 
different  county,  in  which  case  the  summons  may  be  served  in  the  county 
where  he  resides. 

3.  When  the  action  is  for  injury  to  person  or  property,  and  the  defend- 
ant resides  in  a  different  county,  in  which  case  summons  may  be  served 
in  the  county  wherein  he  may  be  found. 

4.  In  all  cases  where  the  defendant  was  a  resident  of  the  county  when 
the  action  was  brought,  and  thereafter  departed  therefrom,  in  which  event 
he  may  be  served  wherever  he  may  be  found. 

5.  In  actions  of  forcible  entry  and  detainer,  or  to  enforce  and  foreclose 
liens  on,  or  to  recover  possession  of,  personal  property,  situate  within  the 
county. 

Kerr,  C.  C.  P.,S48. 


Sec.  5732  CIVIL  PRACTICE  1676 

5732.  Summons,  by  whom  and  how  served. 

SEC.  790.  The  summons  may  be  served  by  a  sheriff  or  constable  of  any 
of  the  counties  of  this  state  or  by  any  other  person  of  the  age  of  twenty- 
one  years  or  over,  not  a  party  to  the  action.  When  a  summons  issued 
by  a  justice  of  the  peace  is  to  be  served  out  of  the  county  in  which  it 
was  issued,  the  summons  must  have  attached  to  it  a  certificate,  under 
seal,  by  the  county  clerk  of  such  county,  to  the  effect  that  the  person 
issuing  the  same  was  an  acting  justice  of  the  peace  at  the  date  of  the 
summons,  and  must  be  served  and  returned,  as  provided  in  chapter  8  of 
this  act,  or  it  may  be  served  by  publication ;  and  sections  84  to  88,  both 
inclusive,  of  this  act,  so  far  as  they  relate  to  the  publication  of  summons, 
are  made  applicable  to  justices'  courts,  the  word  "justice"  being  sub- 
stituted for  the  word  "  judge"  wherever  the  latter  word  occurs. 

Kerr,  C.  C.P.,849. 

Cited,  Nesbitt  v.  Delamar's  N.  G.  M.  Co.,  24  Nev.  282  (77  A.  S.  867,  177  U.  S.  523,  52  P.  r,o<»  i . 

5733.  Notice  of  hearing-. 

SEC.  791.  When  all  the  parties  served  with  process  shall  have  appeared, 
or  some  of  them  have  appeared,  and  the  remaining  defendants  have  made 
default,  the  justice  must  fix  the  day  for  the  trial  of  said  cause,  whether 
the  issue  is  one  of  law  or  fact,  and  give  notice  thereof  to  the  plaintiff  and 
the  defendants  who  have  appeared,  but  in  case  any  of  the  parties  are 
represented  by  an  attorney,  then  to  such  attorney.  Such  notice  shall  be 
in  writing,  signed  by  the  justice,  and  substantially  in  the  following  form 
(filling  blanks  according  to  the  facts)  : 

In  the  justice  court, ...township  (or  city),  county  of , 

State  of  Nevada.     ...,  plaintiff,  vs.  ..  ...,  defendant.     To...          ..., 

plaintiff,  or  ,  attorney  for  plaintiff,  and  to  ....         ...,  defendant, 

or ,  attorney  for  defendant. 

You  and  each  of  you  will  please  take  notice  that  the  undersigned  justice 
of  the  peace  before  whom  the  above-entitled  cause  is  pending,  has  set  for 

hearing  the  demurrer  of ,  filed  in  said  cause  (or  has  set  the  said 

cause  for  trial,  as  the  case  may  be) ,  before  me  at  my  office  in  said  town- 
ship (or  city),  at ....  o'clock  ....m.,  on  the day  of ,  19... 

Dated  this day  of ,  19 

(Signed) , 

Justice  of  the  peace. 

Said  notice  shall  be  served  by  mail  or  personally.  When  served  by  mail 
the  justice  of  the  peace  shall  deposit  copies  thereof  in  a  sealed  envelope  in 
the  postoffice  at  least  ten  days  before  the  trial  or  hearing  addressed  to 
each  of  the 'persons  on  whom  it  is  to  be  served  at  their  place  of  residence 
and  the  postage  prepaid  thereon;  provided,  that  such  notice  shall  be 
served  by  mail  only  when  the  attorney  on  whom  service  is  to  be  made, 
resides  out  of  the  county  in  which  said  justice's  court  is  situated.  When 
personally  served  said  notice  shall  be  served  at  least  five  days  before  the 
trial  or  hearing  on  the  persons  on  whom  it  is  to  be  served  by  any  person 
competent  and  qualified  to  serve  a  summons  in  a  justice's  court  and  when 
personally  served  it  shall  be  served,  returned  and  filed  in  like  manner  as 
a  summons.  The  justice  shall  enter  in  his  docket  the  date  of  trial  or  hear- 
ing; and  when  such  notice  shall  have  been  served  by  mail  the  justice  shall 
enter  in  his  docket  the  date  of  mailing  such  notice  of  trial  or  hearing,  and 
such  entry  shall  be  prima  facie  evidence  of  the  fact  of  such  service. 
The  parties  are  entitled  to  one  hour  in  which  to  appear  after  the  time  fixed 
in  said  notice,  but  are  not  bound  to  remain  longer  than  that  time  unless  both 
parties  have  appeared  and  the  justice,  being  present,  is  engaged  in  the  trial 
of  another  cause. 

Kerr,  C.  C.P.,850. 


1677  CIVIL  PRACTICE  Sec,  5739 

CHAPTER  79 
PLEADINGS  IN  JUSTICES'  COURTS 

.~>7.'!4.   Form  of  pleadings.  ~>74.0.  When  plaintiff  may  demur  to  answer. 

.",7::.").   PI  callings  in  justices'  courts.  .".741.  Proceedings   on    demurrer. 

".'{•I.  Complaint  defined.  ~>74i'.   Amendments    of    pleadings — Adjourn- 

~>7.'!7.  When   demurrer  to  complaint  may   be                        ment  —  Costs  —  Relief    from    judg- 

put  in.  nient  by  default. 

5738.  Answer.  r>74.">.    Answer      on      demurrer     to      amended 

:>.  If    the    defendant    omits    to  set    up                       pleadings. 
counterclaim. 

5784.     Form  of  pleadings. 

SEC.  792.     Pleadings  in  justices'  courts: 

1.  Are  not  required  to  be  in  any  particular  form,  but  must  be  such  as  to 
enable  a  person  of  common  understanding  to  know  what  is  intended. 

2.  May,  except  the  complaint,  be  oral  or  in  writing. 

3.  Must  hot  be  verified,  unless  otherwise  provided  in  this  title. 

4.  If  in  writing,  must  be  filed  with  the  justice. 

5.  If  oral,  an  entry  of  their  substance  must  be  made  in  the  docket. 
Kerr.C.C.  P., 861. 

1'nder    sec.    534,    Stats.    1869,    19<i.    it    was  is    allowed    to    import   allegations   that    must 

held     that     the     sufficiency     of     pleadings     in  he    expressly    made    in    similar    actions    com- 

justiro'    ci>nrt>    is    not    to    he    tested     hy    the  inenced   in   t  he  district  court.      Martin  V.  Dis- 

rules    that    are   applied    in    the    higher   courts.  trict  Court.    1 -".  Nev.  88. 

The    statute    make>    the    copy    of    an    account  Above    \\:i-   quoted    \\ith    approval    in    I'ratt 

a   sullicient   complaint    in    justices'  courts.      It  A".  Stone,  l'.~>  Nev.  .".71   (<><>   I*.  .">14). 

5  7  3  5.     Pleadings  in  .justices'  courts. 
SEC.  793.    The  pleadings  are: 

1.  The  complaint  by  the  plaintiff. 

2.  The  demurrer  to  the  complaint. 

3.  The  answer  by  the  defendant. 

4.  The  demurrer  to  the  answer. 

Kerr.  C.  C.  P.,  852. 

5730.    Complaint  defined. 

SEC.  794.  The  complaint  in  justices'  courts  is  a  concise  statement,  in 
writing,  of  the  facts  constituting  the  plaintiff's  cause  of  action ;  or  a  copy 
of  the  account,  note,  bill,  bond,  or  instrument  upon  which  the  action  is 
based. 

Kerr.  C.  C.  I'.. 

5787.    When  demurrer  to  complaint  may  be  put  in. 

SEC.  795.  The  defendant  may,  at  any  time  before  answering,  demur  to 
the  complaint. 

Kerr,  C.  C.P.,s:>4. 

5738.  Answer. 

SEC.  796.  The  answer  may  contain  a  denial  of  any  or  all  of  the  material 
facts  stated  in  the  complaint,  which  the  defendant  believes  to  be  untrue, 
and  also  a  statement,  in  a  plain  and  direct  manner,  of  any  other  facts 
constituting  a  defense  or  counterclaim,  upon  which  an  action  might  be 
brought  by  the  defendant  against  the  plaintiff  in  a  justice's  court. 

Kerr,  C.  C.  P.,  855. 

An  equitable  defense  to  an  action  in  a  justice's  court  cannot  be  plead.  Duffy  v.  Moran, 
12  Nev.  96. 

5739.  If  the  defendant  omits  to  set  up  counterclaim. 

SEC.  797.  If  the  defendant  omit  to  set  up  a  counterclaim  in  the  cases 
mentioned  in  the  last  section,  neither  he  nor  his  assignee  can  afterward 
maintain  an  action  against  the  plaintiff  therefor. 

Kerr,  C.  C.P.,856. 
106 


Sec.  5740  CIVIL  PRACTICE  1678 

5740.  When  plaintiff  may  demur  to  answer. 

SEC.  798.  When  the  answer  contains  new  matter  in  avoidance,  or  con- 
stituting a  defense  or  a  counterclaim,  the  plaintiff  may,  at  any  time  before 
the  trial,  demur  to  the  same  for  insufficiency  stating  therein  the  grounds 
of  such  demurrer. 

Kerr,  C.  C.P.,857. 

If  the  defendant,  in  an  action  commenced  triable  in  the  district  court.  If  he  wishes 
in  a  justice's  court,  thinks  the  complaint  to  make  an  issue  of  fact,  he  must  make  it 
states  no  cause  of  action,  he  may  object  to  in  the  justice's  court,  or  he  cannot  have  it 
it  upon  that  ground,  and  if  he  chooses  he  tried  in  the  district  court.  Martin  v.  Dis- 
may stand  upon  that  issue  and  appeal  upon  trict  Court,  13  Nev.  91. 
it,  but  if  he  does  it  will  be  the  only  issue 

5741.  Proceeding's  on  demurrer. 

SEC.  799.    The  proceedings  on  demurrer  are  as  follows : 

1.  If  the  demurrer  to  the  complaint  is  sustained,  the  plaintiff  may, 
within  such  time,  not  exceeding  two  days,  as  the  court  allows,  amend  his 
complaint. 

2.  If  the  demurrer  to  a  complaint  is   overruled,   the   defendant  may 
answer  forthwith. 

3.  If  the  demurrer  to  an  answer  is  sustained,  the  defendant  may  amend 
his  answer  within  such  time,  not  exceeding  two  days  as  the  court  may 
allow. 

4.  If  the  demurrer  to  an  answer  is  overruled,  the  action  must  proceed  as 
if  no  demurrer  had  been  interposed. 

Kerr,  C.C.P.,858. 

5742.  Amendments  of  pleadings— Adjournment— Costs— Relief  from  judg- 

ment by  default. 

SEC.  800.  Either  party  may  at  any  time  before  the  conclusion  of  the 
trial,  amend  any  pleading;  but  if  the  amendment  is  made  after  the  issue, 
and  it  appears  to  the  satisfaction  of  the  court,  by  oath,  that  an  adjourn- 
ment is  necessary  to  the  adverse  party  in  consequence  of  such  amendment, 
an  adjournment  must  be  granted.  The  court  may  also,  in  its  discretion, 
when  an  adjournment  will  by  the  amendment  be  rendered  necessary, 
require,  as  a  condition  to  the  allowance  of  such  amendment,  made  after 
issue  joined,  the  payment  of  costs  to  the  adverse  party,  to  be  fixed  by  the 
court,  not  exceeding  twenty  dollars.  The  court  may  also,  on  such  terms  as 
may  be  just,  and  on  payment  of  costs,  relieve  a  party  from  a  judgment  by 
default  taken  against  him  by  his  mistake,  inadvertence,  surprise,  or  excusa- 
ble neglect,  but  the  application  for  such  relief  must  be  made  within  ten 
days  after  notice  of  the  entry  of  the  judgment  and  upon  an  affidavit  show- 
ing good  cause  therefor. 

Kerr,  C.  C.P.,859. 

Cited,  Martin  v.  District  Court,  13  Nev.  91. 

5743.  Answer  or  demurrer  to  amended  pleadings. 

.  SEC.  801.  When  a  pleading  is  amended,  the  adverse  party  may  answer 
or  demur  to  it  within  such  time,  not  exceeding  two  days,  as  the  court  may 
allow. 

Kerr,  C.  C.P.,860. 

CHAPTER  80 

PROVISIONAL  REMEDIES  IN  JUSTICES'  COURTS 

5744.  Order  of  arrest,  and  arrest  of  defend-       5746.  A   defendant   arrested   must  be  taken 

ant.  before  the  justice  immediately. 

5745.  Affidavit    and    undertaking    for    order       5747.  The    officer    must    give    notice    to    the 

of  arrest.  plaintiff  of  arrest. 


1679  CIVIL  PRACTICE  Sec.  5748 

The  officer  must  detain  the  defendant.  5751.  Writ  of  attachment,  substance  of. 

574JI.  Attachment  to  issue  upon  affidavit.  5752.  Certain  provisions  apply  to  all  attach- 
.  Undertaking   on    attachment  —  Excep-  ments  in  justices'  courts. 

ti»m     to     sureties  —  Justification —  5753.  How  claim  and  delivery  enforced. 
Waiver. 

5744.    Order  of  arrest,  and  arrest  of  defendant. 

SEC.  802.  An  order  to  arrest  the  defendant  may  be  indorsed  on  a  sum- 
mons issued  by  the  justice,  and  the  defendant  may  be  arrested  thereon  by 
the  sheriff  or  constable,  at  the  time  of  serving  the  summons,  and  brought 
before  the  justice,  and  there  detained  until  duly  discharged,  in  the  follow- 
ing cases : 

1.  In  an  action  for  the  recovery  of  money  or  damages  on  a  cause  of 
action  arising  upon  contract,  express  or  implied,  when  the  defendant  is 
about  to  depart  from  the  state,  with  intent  to  defraud  his  creditors. 

2.  In  an  action  for  a  fine  or  penalty,  or  for  money  or  property  embezzled 
or  fraudulently  misapplied,  or  converted  to  his  own   use  by  one  who 
received  it  in  a  fiduciary  capacity. 

3.  When  the  defendant  has  been  guilty  of  a  fraud  in  contracting  the 
debt  or  incurring  the  obligation  for  which  the  action  is  brought. 

4.  When  the  defendant  has  removed,  concealed,  or  disposed  of  his  prop- 
erty, or  is  about  to  do  so,  with  intent  to  defraud  his  creditors. 

But  no  female  can  be  arrested  in  any  action. 

K>rr.  C.  C.  P.,  861, 

•~>7K>.    Affidavit  and  undertaking  for  order  of  arrest. 

SEC.  803.  Before  an  order  for  an  arrest  can  be  made,  the  party  apply- 
ing must  prove  to  the  satisfaction  of  the  justice,  by  the  affidavit  of  himself 
or  some  other  person,  the  facts  upon  which  the  application  is  founded. 
The  plaintiff  must  also  execute  and  deliver  to  the  justice  a  written  under- 
taking in  the  sum  of  three  hundred  dollars,  with  sufficient  sureties,  to  the 
effect  that  the  plaintiff  will  pay  all  costs  that  may  be  adjudged  to  the 
defendant,  and  all  damages  which  he  may  sustain  by  reason  of  the  arrest, 
if  the  same  be  wrongful,  or  without  sufficient  cause,  not  exceeding  the  sum 
specified  in  the  undertaking. 

K.-rr,  ('.  C,  P.. 

s.-r  Const.,  sec,  L'l::. 

5741).    A  defendant  arrested  must  be  taken  before  the  justice  immediately. 

SEC.  804.  The  defendant,  immediately  upon  being  arrested,  must  be 
taken  to  the  office  of  the  justice  who  made  the  order,  and  if  he  is  absent 
or  unable  to  try  the  action,  or  if  it  appears  to  him  by  the  affidavit  of 
defendant,  that  he  is  a  material  witness  in  the  action,  the  officer  must 
immediately  take  the  defendant  before  another  justice  of  the  township  or 
city,  if  there  is  another,  and  if  not,  then  before  the  justice  of  an  adjoining 
township,  who  must  take  jurisdiction  of  the  action,  and  proceed  thereon, 
as  if  the  summons  had  been  issued  and  the  order  of  arrest  made  by  him. 

Kerr,  C.  ('.  P.,  si;:;. 

5747.  The  officer  must  give  notice  to  the  plaintiff  of  arrest. 

SEC.  805.  The  officer  making  the  arrest  must  immediately  give  notice 
thereof  to  the  plaintiff,  or  his  attorney  or  agent,  and  indorse  on  the  sum- 
mons, and  subscribe  a  certificate,  stating  the  time  of  serving  the  same, 
the  time  of  the  arrest,  and  of  his  giving  notice  to  the  plaintiff. 

Kerr,  C.  C.  P.,  864. 

5748.  The  officer  must  detain  the  defendant. 

SEC.  806.  The  officer  making  the  arrest  must  keep  the  defendant  in 
custody  until  he  is  discharged  by  order  of  the  justice. 

Kerr,  C.  C.P.,865. 


Sec.  5749  CIVIL  PRACTICE  1680 

ATTACHMENT 

5749.  Attachment  to  issue  upon  affidavit. 

SEC.  807.  A  writ  to  attach  the  property  of  the  defendant  must  be  issued 
by  the  justice  at  the  time  of,  or  after,  issuing  summons,  on  receiving  an 
affidavit  by  or  on  behalf  of  the  plaintiff,  showing  the  same  facts  as  are 
required  to  be  shown  by  the  affidavit  specified  in  section  205. 

Kerr,  C.  C.P.,866. 

See  sec.  5147. 

An   affidavit   reciting  that   an   action   had  the  existence  of  two  grounds  for  attachment, 

been  brought  to  recover  a  sum  of  money  for  was  sufficient  to  warrant  the  issuance  of  an 

goods    sold    and    delivered    at    defendant's  attachment  by  a  justice  of  the  peace.     Pratt 

request,   and   that    defendant   was   indebted  v.  Stone,  25  Nev.  365,  372  (60  P.  514). 
to  plaintiff  in  such  sum  over  and  above  all  Attachment,    when    dissolved.     Eanft     v. 

set-offs     and     counterclaims,     and     averring  Young,  21  Nev.  401. 

5750.  Undertaking  on  attachment— Exception  to  sureties— Justification- 

Waiver. 

SEC.  808.  Before  issuing  the  writ,  the  justice  must  require  a  written 
undertaking  on  the  part  of  the  plaintiff,  with  two  or  more  sufficient  sure- 
ties, in  the  amount  sued  for,  and  for  not  less  than  fifty  dollars,  to  the  effect 
that  if  the  defendant  recovers  judgment,  the  plaintiff  will  pay  all  costs 
that  may  be  awarded  to  the  defendant,  and  all  damages  which  he  may 
sustain  by  reason  of  the  attachment,  not  exceeding  the  sum  specified  in  the 
undertaking.  At  any  time  after  the  issuing  of  the  attachment,  but  not 
later  than  five  days  after  notice  of  its  levy,  the  defendant  may  except  to 
the  sufficiency  of  the  sureties.  If  he  fails  to  do  so,  he  is  deemed  to  have 
waived  all  objections  to  them.  When  excepted  to  they  must  justify  at  a 
time  fixed  by  the  justice  and  within  three  days,  otherwise  the  justice  must 
order  the  writ  of  attachment  vacated. 

Kerr,  C.  C.  P.,  867. 

5751.  Writ  of  attachment,  substance  of. 

SEC.  809.  The  writ  may  be  directed  to  the  sheriff  or  any  constable  of 
the  county,  or  the  sheriff  of  any  other  county,  and  must  require  him  to 
attach  and  safely  keep  all  the  property  of  the  defendant  within  his  county, 
not  exempt  from  execution,  or  so  much  thereof  as  may  be  sufficient  to 
satisfy  the  plaintiff's  demand,  the  amount  of  which  must  be  stated  in  con- 
formity with  the  complaint,  unless  the  defendant  give  him  security,  by 
the  undertaking  of  two  sufficient  sureties,  in  an  amount  sufficient  to 
satisfy  such  demand  besides  costs;  in  which  case,  to  take  such  under- 
taking. Several  writs  may  be  issued  at  the  same  time  to  the  sheriffs  of 
different  counties;  provided,  that  where  a  writ  of  attachment  issued  by  a 
justice  of  the  peace  is  to  be  served  out  of  the  county  in  which  it  was  issued, 
the  writ  of  attachment  shall  have  attached  to  it  a  certificate  under  seal,  by 
the  county  clerk  of  such  county,  to  the  effect  that  the  person  issuing  the 
same  was  an  acting  justice  of  the  peace  of  said  county  at  the  date  of  the 
writ. 

Kerr,  C.  C.  P.,868. 

5752.  Certain  provisions  apply  to  all  attachments  in  justices'  courts. 

SEC.  810.  The  sections  of  this  act  from  section  209  to  216,  both  inclusive, 
are  applicable  to  attachments  issued  in  justices'  courts,  the  word  "con- 
stable" being  substituted  for  the  word  "sheriff,"  whenever  the  writ  is 
directed  to  a  constable,  and  the  word  "justice"  being  substituted  for  the 
word  "judge." 

Kerr,  C.  C.P.,869. 
See  sees.  5151-5158. 


1681  CIVIL  PRACTICE  Sec.  5755 

CLAIM  AND  DELIVERY 

5753.  Ho\v  claim  and  delivery  enforced. 

SEC.  811.  In  an  action  to  recover  possession  of  personal  property,  the 
plaintiff  may,  at  the  time  of  issuing  summons,  or  at  any  time  thereafter 
before  answer,  claim  the  delivery  of  such  property  to  him;  and  the  sec- 
tions of  this  act  from  section  182  to  193,  both  inclusive,  are  applicable  to 
such  claim  when  made  in  justices'  courts,  the  powers  therein  given  and 
duties  imposed  on  sheriffs  being  extended  to  constables,  and  the  word 
"justice''  being  substituted  for  "judge." 

KelT,  (\  (\  P..S70. 

See  sees.  5125  5136. 

CHAPTER  81 
TRIALS  AND  JUDGMENTS  IN  JUSTICES'  COURTS 

.~>7~>4.   Judgment     when     defendant     fails     to       .17(i!>.    Written    instrument-    Order   of   inspec- 
appea  i'.  tion — Evidence. 

5755.  Judgment  against  defendant  on  demur-      .~>77(>.  <  h-iuinal    copy    or    instrument — Signa- 
rer.  t  ures  deemed  admitted,  unless  denied 

">7")t'i.   Time  when  trial  must   he  commenced.  under  oath. 

")7~>7.    When    court     may    of    its    own    motion        .177 1.  Judgment    by    confession. 

postpone  trial.  .~>77L'.   Judgment    of  dismissal  entered  in  cer- 

f58.    Pogtponemenl    l>y   consent,  tain   cases   without    prejudice. 

"i7.":i.   Postponement  on  application  of  a  party.  .~>77.'{.  Judgment    upon    verdict. 

.~»7»ii'.    \o     continuance     for     more     than     ten  .177  \.   Judgment   after  trial  by  the  court. 

•  lays  to   lie  granted,   unless   upon    lil  .177-1.   Judgment    when    the  defendant   is  sub- 
in-    of    imdertakinu.  ject    to  arrest. 

-17«il.    Issue  defined,  and   the  different    kinds.  .177»>.    If  sum  found  due  exceeds  jurisdiction, 

.".71:1'.    Issue  of  law,  how  raised.  excess  may  be  remitted. 

"7f,;;.    issue  of  fa.-t.  how   raised.  .~>;77.   oiler  to  compromise  before  trial. 

.17154.    Issue  of  law,  how  tried.  5778.   <  o>t  s  must  he  i  ncluded  in  the  judgment. 

5785.    Issin-  of  fact,  how  tried.  -177!».    Abstract    of  judgment. 

"tit;,   Jury,   how   waived.  ."SO.   Abstract  may   be  filed  and  docketed  in 

•17ti7.    Trial  of  either  party   failing  to  appear.  district   court. 

•~>7iis.  Jury, how  summoned  —  Number  of  dial-  -17M.  Effect    of    docketing  —  Execution    to 

len^ev.  other  counties. 

•17s:.'.    Piling     abstract     in     recorder's     office 
makes  judgment  a  lien. 

5754.  .Judgment  when  dctVnd.int  fails  to. appear. 

SEC.  812.  If  the  defendant  fails  to  appear,  and  to  answer  or  demur 
within  the  time  specified  in  the  summons,  then,  upon  proof  of  service  of 
summons,  the  following  proceedings  must  be  had : 

1.  If  the  action  is  based  upon  a  contract,  and  is  for  the  recovery  of 
money,  or  damages  only,  the  court  must  render  judgment  in  favor  of  the 
plaintiff  for  the  sum  specified  in  thev  summons. 

2.  In  all  other  actions  the  court  must  hear  the  evidence  offered  by  the 
plaintiff  and  must  render  judgment  in  his  favor  for  such  sum  (not  exceed- 
ing the  amount  stated  in  the  summons)  as  appears  by  such  evidence  to 
be  just. 

Kerr,  C.  C.  P.,S71. 

5755.  Judgment  against  defendant  on  demurrer. 

SEC.  813.  In  the  following  cases  the  same  proceedings  must  be  had,  and 
judgment  must  be  rendered  in  like  manner,  as  if  the  defendant  had  failed 
to  appear  and  answer  or  demur : 

1.  If  the  complaint  has  been  amended,  and  the  defendant  fails  to  answer 
it  as  amended,  within  the  time  allowed  by  the  court. 

2.  If  the  demurrer  to  the  complaint  is  overruled,  and  the  defendant  fails 
to  answer  at  once. 

3.  If  the  demurrer  to  the  answer  is  sustained,  and  the  defendant  fails  to 
amend  the  answer  within  the  time  allowed  by  the  court. 

Kerr,  C.  C.P.,872. 


Sec.  5756  CIVIL  PRACTICE  1682 

5756.  Time  when  trial  must  be  commenced. 

SEC.  814.  Unless  postponed,  as  provided  in  this  chapter,  or  unless  trans- 
ferred to  another  court,  the  trial  of  the  action  must  commence  at  the 
expiration  of  one  hour  from  the  time  specified  in  the  notice  mentioned  in 
section  791,  and  the  trial  must  be  continued,  without  adjournment  for  more 
than  twenty-four  hours  at  any  one  time,  until  all  the  issues  therein  are 
disposed  of. 

Kerr,  C.  C.P.,873. 
See  sec.  5733. 

5757.  When  court  may,  of  its  own  motion,  postpone  trial. 

SEC.  815.    The  court  may,  of  its  own  motion,  postpone  the  trial : 

1.  For  not  exceeding  one  day,  if,  at  the  time  fixed  by  law  or  by  an  order 
of  the  court  for  the  trial,  the  court  is  engaged  in  the  trial  of  another  action. 

2.  For  not  exceeding  two  days,  if,  by  an  amendment  of  the  pleadings,  or 
the  allowance  of  time  to  make  such  amendment  or  to  plead,  a  postponement 
is  rendered  necessary. 

3.  For  not  exceeding  three  days,  if  the  trial  is  upon  issues  of  fact,  and 
a  jury  has  been  demanded. 

Kerr,  C.  C.  P.,  874. 

5758.  Postponement  by  consent. 

SEC.  816.  The  court  may,  by  consent  of  the  parties,  given  in  writing  or 
in  open  court,  postpone  the  trial  to  a  time  agreed  upon  by  the  parties. 

Kerr,  C.C.P.,875. 

5759.  Postponement  upon  application  of  a  party. 

SEC.  817.  The  trial  may  be  postponed  upon  the  application  of  either 
party,  for  a  period  not  exceeding  four  months : 

1.  The  party  making  the  application  must  prove,  by  his  own  oath  or 
otherwise,  that  he  cannot,  for  want  of  material  testimony,  which  he  expects 
to  procure,  safely  proceed  to  trial,  and  must  show  in  what  respect  the 
testimony  expected  is  material,  and  that  he  has  used  due  diligence  to  pro- 
cure it,  and  has  been  unable  to  do  so.    • 

2.  If  the  application  is  on  the  part  of  the  plaintiff,  and  the  defendant 
is  under  arrest,  a  postponement  for  more  than  three  hours  discharges  the 
defendant  from  custody,  but  the  action  may  proceed,  notwithstanding,  and 
the  defendant  is  subject  to  arrest  on  execution,  in  the  same  manner  as  if 
he  had  not  been  discharged. 

3.  If  the  application  is  on  the  part  of  a  defendant  under  arrest,  before 
it  can  be  granted  he  must  execute  an  undertaking,  with  two  or  more 
sufficient  sureties,  to  be  approved  by,  and  in  a  sum  to  be  fixed  by  the 
justice,  to  the  effect  that  he  will  render  himself  amenable  to  the  process  of 
the  court  during  the  pendency  of  the  action,  and  to  such  as  may  be  issued 
to  enforce  the  judgment  therein;    or  that  the  sureties  will  pay  to  the 
plaintiff  the  amount  of  any  judgment  which  he  may  recover  in  the  action, 
not  exceeding  the  amount  specified  in  the  undertaking.    On  filing  the 
undertaking  specified  in  this  subdivision,  the  justice  must  order  the  defend- 
ant to  be  discharged  from  custody. 

4.  The  party  making  the  application  must,  if  required  by  the  adverse 
party,  consent  that  the  testimony  of  any  witness  of  such  adverse  party, 
who  is  in  attendance,  may  be  then  taken  by  deposition  before  the  justice, 
and  that  the  testimony  so  taken  may  be  read  on  the  trial,  with  the  same 
effect  and  subject  to  the  same  objections,  as  if  the  witness  was  produced; 
but  the  court  may  require  the  party  making  the  application  to  state,  upon 
affidavit,  the  evidence  which  he  expects  to  obtain ;  and  if  the  adverse  party 
thereupon  admit  that  such  evidence  would  be  given  and  that  it  be  con- 


1683  CIVIL  PRACTICE  Sec.  5766 

sidered  as  actually  given  on  the  trial,  or  offered  and  overruled  as  improper, 
the  trial  must  not  be  postponed. 

Korr,  C.  C.  P.,87li. 

5760.  No  continuance  for  more  than  ten  days  to  be  granted,  unless  upon 

filing  of  undertaking. 

SEC.  818.  No  adjournment  must,  unless  by  consent,  be  granted  for  a 
period  longer  than  ten  days,  upon  the  application  of  either  party,  except 
upon  condition  that  such  party  file  an  undertaking,  in  an  amount  fixed 
by  the  justice,  with  two  sureties,  to  be  approved  by  the  justice,  to  the 
effect  that  they  will  pay  to  the  opposite  party  the  amount  of  any  judgment 
which  may  be  recovered  against  the  party  applying,  not  exceeding  the  sum 
specified  in  the  undertaking. 

K.MT,  C.  C.  P.. 

Where  by  consent  of  parties  a  case  in  a  the  action,  for  the  reason  that  such  under- 

justice's   court   is  adjourned  for   more  than  taking  has  not  been  given,  is  error.       Nev. 

ten  days,  the  undertaking  provided  by  this  Cent.  R.  Co.  v.  District  Court,  21  Nev.  409, 

section  is  not  required,  and  a  dismissal  of  411  (32  P.  673). 

5761.  Issues  defined., -mil  the  different  kinds. 

SEC.  819.  Issues  arise  upon  the  pleadings  when  a  fact  or  conclusion  of 
law  is  maintained  by  the  one  party  and  is  controverted  by  the  other.  They 
are  of  two  kinds : 

1.  Of  law;  and, 

2.  Of  fact. 

Km-,  C.  C.  P.. 

5762.  Issue  of  law.  how  raised. 

SEC.  820.  An  issue  of  law  arises  upon  a  demurrer  to  the  complaint  or 
answer,  or  to  some  part  thereof. 

Kcrr,  r.(\  P.,  879. 

5763.  Issue  of  fact,  how  raised. 
SEC.  821.    An  issue  of  fact  arises : 

1.  Upon  a  material  allegation  in  the  complaint  controverted  by  the 
answer;  and, 

2.  Upon  new  matter  in  -the  answer,  except  an  issue  of  law  is  joined 
thereon. 

Kerr,  C.  C.  P..SSO. 

5764.  Issue  of  law.  how  tried. 

SEC.  822.    An  issue  of  law  must  be  tried  by  the  court. 

Kerr,  C.  C.P.,881. 

5765.  Issue  of  fact,  how  tried. 

SEC.  823.  An  issue  of  fact  must  be  tried  by  a  jury,  unless  a  jury  is 
waived,  in  which  case  it  must  be  tried  by  the  court. 

Kerr,  C.C.P.,882. 

5766.  Jury,  how  waived. 

SEC.  824.    A  jury  may  be  waived : 

1.  By  consent  of  parties,  entered  in  the  docket. 

2.  By  a  failure  of  either  party  to  demand  a  jury  before  the  commence- 
ment of  the  trial  of  an  issue  of  fact. 

3.  By  the  failure  of  either  party  to  appear  at  the  time  fixed  for  the  trial 
of  an  issue  of  fact. 

Kerr,  C.C.P.,883. 


Sec.  5767  CIVIL  PRACTICE  1684 

5767.  Trial  on  either  party  failing:  to  appear. 

SEC.  825.  If  either  party  fails  to  appear  at  the  time  fixed  for  trial,  the 
trial  may  proceed  at  the  request  of  the  adverse  party. 

Kerr,  C.C.  P.,884. 

5768.  Jury,  how  summoned— Number  of  challenges. 

SEC.  826.  The  jury  shall  be  summoned  upon  an  order  of  the  justice, 
from  the  citizens  of  the  city,  precinct,  or  township,  and  not  from  the 
bystanders.  At  the  time  appointed  for  the  trial  the  justice  shall  proceed 
to  call  from  the  jurors  summoned  the  names  of  the  persons  to  constitute 
the  jury  for  the  trial  of  the  issue.  The  jury,  by  consent  of  the  parties, 
may  consist  of  any  number,  not  more  than  twelve  nor  less  than  four.  If 
a  sufficient  number  of  competent  and  indifferent  jurors  do  not  attend,  the 
justice  shall  direct  others  to  be  summoned  from  the  vicinity,  and  not  from 
the  bystanders,  sufficient  to  complete  the  jury.  The  challenges  are  either 
peremptory  or  for  cause.  Each  party  is  entitled  to  three  peremptory 
challenges.  Either  party  may  challenge  for  cause  on  any  grounds  set 
forth  in  section  264.  Challenges  for  cause  must  be  tried  by  the  justice. 

Kerr,  C.  C.  P.,885. 
See  sec.  5206. 

5769.  Written  instrument—Order  of  inspection— Evidence. 

SEC.  827.  When  the  cause  of  action  or  counterclaim  arises  upon  an 
account  or  instrument  for  the  payment  of  money  only,  the  court,  at  any 
time  before  the  trial,  may,  by  an  order  under  his  hand,  require  the  origi- 
nal to  be  exhibited  to  the  inspection  of,  and  a  copy  to  be  furnished  to,  the 
adverse  party,  at  such  time  as  may  be  fixed  in  the  order ;  or,  if  such  order 
is  not  obeyed,  the  account  or  instrument  cannot  be  given  in  evidence. 

Kerr,  C.  C.P.,886. 

Cited,  Martin  v.  District  Court,  13  Nev.  88. 

5770.  Original  copy  or  instrument— Signatures  deemed  admitted,  unless 

denied  under  oath. 

SEC.  828.  If  the  plaintiff  annex  to  his  complaint,  or  file  with  the  justice 
at  the  time  of  issuing  the  summons,  the  original  or  a  copy  of  the  promis- 
sory note,  bill  of  exchange,  or  other  written  obligation  for  the  payment 
of  money,  upon  which  the  action  is  brought,  the  defendant  is  deemed  to 
admit  the  genuineness  of  the  signatures  of  the  makers,  indorsers,  or 
assignors  thereof,  unless  he  specifically  deny  the  same  in  his  answer,  and 
verify  the  answer  by  his  oath. 

Kerr,  C.  C.  P.,  887. 

5771.  Judgment  by  confession. 

SEC.  829.  Judgments  upon  confession  may  be  entered  up  in  any  justice's 
court  specified  in  the  confession. 

Kerr,  C.C.  P.,  889. 

5772.  Judgment  of  dismissal  entered  in  certain  cases  without  prejudice. 

SEC.  830.  Judgment  that  the  action  be  dismissed,  without  prejudice  to 
a  new  action,  may  be  entered  with  costs,  in  the  following  cases : 

1.  When  the  plaintiff  voluntarily  dismisses  the  action  before  it  is  finally 
submitted. 

2.  When  he  fails  to  appear  at  the  time  specified  in  the  summons,  or  at 
the  time  to  which  the  action  has  been  postponed,  or  within  one  hour 
thereafter. 

3.  When,  after  a  demurrer  to  the  complaint  has  been  sustained,  the 
plaintiff  fails  to  amend  it  within  the  time  allowed  by  the  court. 

4.  When  it  is  objected  at  the  trial,  and  appears  by  the  evidence,  that  the 


1685  CIVIL  PRACTICE  Sec.  5779 

action  is  brought  in  the  wrong  county,  or  township,  or  city;  but  if  the 
objection  is  taken  and  overruled,  it  is  cause  only  of  reversal  on  appeal  and 
does  not  otherwise  invalidate  the  judgment;  if  not  taken  at  the  trial,  it  is 
waived. 

Kerr,  C.C.  P.,890. 

5773.  Judgment  upon  verdict. 

SEC.  831.  When  a  trial  by  jury  has  been  had,  judgment  must  be  entered 
by  the  justice,  at  once,  in  conformity  with  the  verdict. 

Kerr,  C.C.  P.,  891. 

A  justice  should  enter  up  judgment  imme-  taking  on   appeal  in  a  justice's  court  after 

•  liatt'lv  on  the  rendition  of  a  verdict.     But  the  rendition  of  a  verdict  by  the  jury,  but 

if  be  omits  to  do  so  the  day  the  verdict  is  before  the  entry  of  judgment  thereon,  does 

rendered,   still   he  may  complete  his   record  not  deprive  the' justice  of  authority  to  enter 

1>\   afterwards  entering  the  judgment.  up  judgment  on  the  verdict.     Fugitt  v.  Cox, 

'  The  filing  of  notice  of  appeal  and  under-  2  Nev.  370. 

5774.  Judgment  after  trial  by  the  court. 

SEC.  832.  When  the  trial  is  by  the  court,  judgment  must  be  entered  at 
the  close  of  the  trial. 

K.-rr.  C.C.  P., 892. 

5775.  Judgment  when  the  defendant  is  subject  to  arrest. 

SEC.  833.  The  judgment  in  justices'  courts  must  be  entered  substan- 
tially in  the  form  required  by  section  327.  When  the  judgment  is  rendered 
in  a  case  where  the  defendant  is  subject  to  arrest  and  imprisonment 
thereon,  the  fact  that  the  defendant  is  so  subject,  must  be  stated  in  the 
judgment. 

Kerr,  C.C.  P.  ,893. 

Bee  sec.  5266. 

577(>.    If  sum  found  due  rxrmls  jurisdiction,  excess  may  be  remitted. 

SEC.  834.  When  the  amount  found  due  to  either  party  exceeds  the  sum 
for  which  the  justice  is  authorized  to  enter  judgment,  such  party  may 
remit  the  excess,  and  judgment  may  be  rendered  for  the  residue. 

Kerr,  C.  C.  P.,  894. 

5777.  Otter  to  compromise  before  trial. 

SEC.  835.  If  the  defendant,  at  any  time  before  the  trial,  offers,  in  writing, 
to  allow  judgment  to  be  taken  against  him  for  a  specified  sum,  the  plain- 
tiff may  immediately  have  judgment  therefor,  with  the  costs  then  accrued ; 
but  if  he  does  not  accept  such  offer  before  the  trial,  and  fails  to  recover 
in  the  action  a  sum  in  excess  of  the  offer,  he  cannot  recover  costs  incurred 
after  the  offer,  but  costs  must  be  adjudged  against  him,  and,  if  he  recovers, 
be  deducted  from  his  recovery.  The  offer  and  failure  to  accept  it  cannot 
be  given  in  evidence  nor  affect  the  recovery,  otherwise  than  as  to  costs. 

Kerr,  C.C.  P.,  Si)."). 

5778.  Costs  must  be  included  in  the  judgment. 

SEC.  836.  The  justice  must  tax  and  include  in  the  judgment  the  costs 
allowed  by  law  to  the  prevailing  party. 

Kerr.  C.  C.P.,896. 
See  sees.  5376-5393. 

5779.  Abstract  of  judgment. 

SEC.  837.  The  justice,  on  demand  of  a  party  in  whose  favor  judgment 
is  rendered,  must  give  him  an  abstract  of  the  judgment  in  substantially  the 
following  form  (filling  blanks  according  to  the  facts)  :  State  of  Nevada, 

: county, ,  plaintiff,  v. ,  defendant.    In 

justice's  court,  before ,  justice  of  the  peace, town- 


Sec.  5780  CIVIL  PRACTICE  1686 

ship  (or  city),  county  ,  19 (inserting  date  of  abstract). 

Judgment  entered  for  plaintiff  (or  defendant)  for  $ ,  on  the 

day  of I  certify  that  the  foregoing  is  a  correct  abstract  of  a 

judgment  rendered  in  said  action  in  my  court, ,  or  (as  the  case  may 

be)  in  the  court  of  ,  justice  of  the  peace,  as  appears  by  his 

docket,  now  in  my  possession,  as  his  successor  in  office ...., 

justice  of  the  peace. 

Kerr,  C.  C.P.,897. 

The    issuance    of    an    execution    before    a  illegal,     and     the     execution     void.     In     re 

transcript    of   the   judgment    of   the   justice  Rourke,  13  Nev.  255,  256. 

court   had   been   filed   and    docketed   in    the  Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v. 

office  of  the  clerk  of  the  district  court,  is  Grimes,  29  Nev.  58. 

5780.  Abstract  may  be  tiled  and  docketed  in  district  court. 

SEC.  838.  The  abstract  may  be  filed  in  the  office  of  the  county  clerk  of 
the  county  in  which  the  judgment  was  rendered,  and  the  judgment  dock- 
eted in  the  judgment  docket  of  the  district  court  thereof.  The  time  of  the 
receipt  of  the  abstract  by  the  clerk  must  be  noted  by  him  thereon,  and 
entered  in  the  docket. 

Kerr,  C.  C.P.,898. 

5781.  Effect  of  docketing— Execution  to  other  counties. 

SEC.  839.  From  the  time  of  docketing  in  the  county  clerk's  office,  execu- 
tion may  be  issued  thereon  by  the  county  clerk  to  the  sheriff  of  any  county 
in  the  state,  other  than  the  county  in  which  the  judgment  was  rendered, 
in  the  same  manner  and  with  like  effect  as  if  issued  on  a  judgment  of  the 
district  court. 

Kerr,  C.  C.  P.,  899. 

5782.  Filing  abstract  in  recorders  office  makes  judgment  a  lien. 

SEC.  840.  A  judgment  rendered  in  a  justice's  court  creates  no  lien  upon 
any  lands  of  the  defendant,  unless  such  an  abstract  is  filed  in  the  office  of  the 
recorder  of  the  county  in  which  the  lands  are  situated.  When  so  filed,  and 
from  the  time  of  filing,  the  judgment  becomes  a  lien  upon  all  the  real 
property  of  the  judgment  debtor,  not  exempt  from  execution,  in  such 
county,  owned  by  him  at  the  time,  or  which  he  may  afterwards,  and  before 
the  lien  expires,  acquire.  The  lien  continues  for  two  years,  unless  the 
judgment  be  previously  satisfied. 

Kerr,  C.  C.  P.,900. 

CHAPTER  82 
EXECUTIONS  FROM  JUSTICES'  COURTS 

5783.  Execution     may     issue     at     any     time       5785.  Eenewal  of  execution. 

within  five  years — Stay  of  execution       5786.  Duty  of  officer  receiving  execution, 
of  judgment.  5787.  Proceedings    supplementary    to    execu- 

5784.  Execution,  contents  of.  tion. 

5783.  Execution  may  issue  at  any  time  within  five  years— Stay  of  execu- 

tion of  judgment. 

SEC.  841.  Execution  for  the  enforcement  of  a  judgment  of  a  justice's 
court  may  be  issued  by  the  justice  who  entered  the  judgment,  or  his  succes- 
sor in  office,  on  the  application  of  the  party  entitled  thereto,  at  any  time 
within  five  years  from  the  entry  of  judgment.  The  court,  or  any  justice 
thereof,  may  stay  the  execution  of  any  judgment,  including  any  judgment 
in  a  case  of  forcible  or  unlawful  detainer,  for  a  period  not  exceeding  ten 
days. 

Kerr,  C.  C.  P.,  901,901a. 

5784.  Execution,  contents  of. 

SEC.  842.    The  execution  must  be  directed  to  the  sheriff  or  to  a  constable 


1687  CIVIL  PRACTICE  Sec.  5788 

of  the  county,  and  must  be  subscribed  by  the  justice,  and  bear  date  the  day 
of  its  delivery  to  the  officer.  It  must  intelligibly  refer  to  the  judgment,  by 
stating  the  names  of  the  parties,  and  the  name  of  the  justice  before  whom, 
and  of  the  county  and  the  township  or  city  where,  and  the  time  when  it  was 
rendered;  the  amount  of  judgment,  if  it  be  for  money;  and,  if  less  than 
the  whole  is  due,  the  true  amount  due  thereon.  It  must  contain,  in  like  cases, 
similar  directions  to  the  sheriff  or  constable,  as  are  required  by  the  pro- 
visions of  chapter  42  of  this  act,  in  an  execution  to  the  sheriff. 

Kerr,  C.C.  P., 902. 

See  sees.  5280  f^Oii 

Where  in  an  action  to  restrain  proceedings  failed   to   allege   any   motion   to   either   the 

11 11 1 1  IT  a  writ  of  execution  issued  by  a  jus-  justice  or  district  court  to  stay  the  execu- 

tice  of  the  peace  in  a  certain  tax  suit  com-  tion  issued,  it  was  held  that,  as  there  was 

menced  before   him,   and   in   which    h'e   had  a  plain,  adequate  and  convenient  remedy  by 

denied  a  motion  to  transfer  to  the  district  simple  motion  in  the  original  suit,  no  case 

court,  in  accordance  with   this  section,  the  for    injunction    was    made    out.     Hamer    v. 

complaint   set   forth  the  fact  of  an   appeal  Kane,  7  Nev.  61,  62. 
i'mm  the  judgment  to  the  district  court,  but 

5785.  Renewal  of  execution. 

SEC.  843.  An  execution  may,  at  the  request  of  the  judgment  creditor, 
be  renewed  before  the  expiration  of  the  time  fixed  for  its  return,  by  the 
word  "renewed"  written  thereon,  with  the  date  thereof,  and  subscribed  by 
the  justice.  Such  renewal  has  the  effect  of  an  original  issue,  and  may 
be  repeated  as  often  as  necessary.  If  an  execution  is  returned  unsatisfied, 
another  may  be  afterwards  issued. 

K<  ir,  C.  C.  P., 903. 

5786.  Duty  of  officer  receiving  execution. 

SEC.  844.  The  sheriff  or  constable  to  whom  the  execution  is  directed 
must  execute  the  same,  in  the  same  manner  as  the  sheriff  is  required  by  the 
provisions  of  chapter  42  of  this  act,  to  proceed  upon  executions  directed  to 
him;  and  the  constable,  when  the  execution  is  directed  to  him,  is  vested 
for  that  purpose  with  all  the  powers  of  the  sheriff. 

Kerr,  C.C.  P., '.KM. 
See  sees.  5280- 5: !()<;. 

5787.  'Proceedings  supplementary  to  execution. 

SEC.  845.  The  provisions  of  chapter  43  of  this  act  are  applicable  to 
justices'  courts,  the  word  "^constable"  being  substituted,  to  that  end,  for 
the  word  "sheriff,"  and  the  word  "justice"  for  the  word  "judge." 

Kerr,  C.C.  P.,  905. 
See  sees.  5307-531 4. 

CHAPTER  83 

NEW  TRIALS  AND  APPEALS  FROM  JUSTICES'  COURTS 

5788.  Appeal    from    judgment     of    justice's       5792.  Undertaking  on  appeal  to  the  district 

court.  court  —  Deposit  — Justification  of 

5789.  Appeal  on  questions  of  law,  statement.  sur'eties. 

5790.  Appeal   on   questions   of   fact,   or   law      5793.  Stay  of  proceedings  on  filing  undertak- 

and  fact.  ing. 

5791.  Transmission    of    papers    to    appellate       5794.  Powers   of   district   court  on   appeal — 

court.  Dismissal —  Damages — Costs — Judg- 

ment. 

5788.  Appeal  from  judgment  of  justice's  court. 

SEC.  846.  Any  party  dissatisfied  with  a  judgment  rendered  in  a  civil 
action  in  a  justice's  court,  may  appeal  therefrom  to  the  district  court  of 
the  county,  at  any  time  within  thirty  days  after  the  notice  of  entry  of  the 
judgment.  The  appeal  is  taken  by  filing  a  notice  of  appeal  with  the 
justice  and  serving  a  copy  on  the  adverse  party.  The  notice  must  state 
whether  the  appeal  is  taken  from  the  whole  or  a  part  of  the  judgment,  and 


Sec.  5789  CIVIL  PRACTICE  1688 

if  from  a  part,  what  part,  and  whether  the  appeal  is  taken  on  questions  of 
law  or  fact,  or  both. 

Kerr,  C.  C.  P.,974. 

An  appeal  will  lie  from  a  judgment  ren-  plusage    and    they    do    not    invalidate    the 

dered    in    a    justice's    court    improperly    dis-  appeal  (Murphy,    C.    J.,    dissenting).     N.    Q. 

missing  the   action.     Especially  is  that  the  E.  R.  Co.  v.  District  Court,  21  Nev.  411,  413 

case  where  both  issues  of  law  and  of  fact  (32  P.  653). 

have  been  made  in  a  justice's  court.     Nev.  The   order  in   which  the  notice  is   served 

Cent.  R.  Co.  v.  District  Court,  21  Nev.  410  and  filed  is  immaterial.     State  ex  rel.  Jones 

(32  P.  673).  v.  Brown,  30  Nev.  495,  496,  499,  503  (98  P. 

Where     the     notice     of     appeal    properly  871). 

describes  a  judgment  from  which  the  appeal  No  appeal  lies  from  a  judgment  rendered 

is  taken,  the  addition  of  other  words  indicat-  by  default  in  a  justice's  court.     The  district 

ing  that  the  appeal  is  taken  from  the  order  court  can   only  retry  issues  of  law  or  fact 

dismissing   the   action,    on   which    the   judg-  that  were  made  in  the  justice's  court.  Martin 

ment  is  founded,  should  be  treated  as  sur-  v.  District  Court,  13  Nev.  86. 

5789.  Appeal  on  questions  of  law,  statement. 

SEC.  847.  When  a  party  appeals  to  the  district  court  on  questions  of 
law  alone,  he  must,  within  ten  days  from  the  rendition  of  the  judgment, 
prepare  a  statement  of  the  case  and  file  the  same  with  the  justice.  The 
statement  must  contain  the  grounds  upon  which  the  party  intends  to  rely 
on  the  appeal,  and  so  much  of  the  evidence  as  may  be  necessary  to  explain 
the  grounds,  and  no  more.  Within  ten  days  after  he  receives  notice  that 
the  statement  is  filed,  the  adverse  party,  if  dissatisfied  with  the  same,  may 
file  amendments.  The  proposed  statement  and  amendments  must  be  settled 
by  the  justice,  and  if  no  amendment  be  filed,  the  original  statement  stands 
as  adopted.  The  statement  thus  adopted,  or  as  settled  by  the  justice,  with 
a  copy  of  the  docket  of  the  justice,  and  all  motions  filed  with  him  by  the 
parties  during  the  trial,  and  the  notice  of  appeal,  may  be  used  on  the  hear- 
ing of  the  appeal  before  the  district  court. 

Kerr,  C.C.P.,97o. 

5790.  Appeal  on  questions  of  fact,  or  law  and  fact. 

SEC.  848.  When  a  party  appeals  to  the  district  court  on  questions  of 
fact,  or  on  questions  of  both  law  and  fact,  no  statement  need  be  made,  but 
the  action  must  be  tried  anew  in  the  district  court. 

Kerr,  C.C.P.,976. 

See  sec.  837. 

"Tried  anew"  means  in  the  same  manner,  ble  against  a  party  cannot  be  reviewed  on 

with   the   same   effect,   and  upon   the   issues  certioraric     State  ex  rel.   Thompson  v.   Dis- 

tried  in  the  court  below.  Paul  v.  Armstrong,  trict  Court,  23  Nev.  243,  245  (45  P.  467). 

1  Nev.  96.  A   party   appealing   to   the   district   co-art 

See   Martin   v.   District   Court,  under   sec.  from  a  justice's  judgment  and  there  obtain- 

846  of  this  act.  ing    a    reduction    of    such    judgment    is    not 

District  courts  have  no  power  to  impose  entitled  to  costs  as  a  matter  of  right,  but 

damages     for     frivolous     appeals,     nor     to  the  question  whether  such  reduced  judgment 

directly,  and  without  trial,  reverse  or  affirm  is  more  favorable  to  him  is  a  question  for 

judgments  brought  by  appeal  from  justices'  the   sound   discretion    of   the   district   court, 

courts.     Such    cases    must    be  ttried    anew.  State  ex  rel.  Cohn  v.  District  Court,  26  Nev. 

State  ex  rel.  Barnett  v.  District  Court,  18  253,  257  (66  P.  743). 

Nev.  286,  289  (3  P.  417).  The    supreme    court    has    power    and    will 

Cited,  Nev.  Cent.  E.  Co.  v.  District  Courr,,  impose  damages  for  frivolous  appeals  taken 

21  Nev.  412  (32  P.  673).  for  delay.     Paroni  v.  Simonsen,  33   Nev. — 

Error  in  allowing  costs  not  properly  taxa-  (115  P.  415). 

5791.  Transmission  of  papers  to  appellate  court. 

SEC.  849.  Upon  receiving  the  notice  of  appeal,  and  on  payment  of  the 
fees  of  the  justice,  payable  on  appeal  and  not  included  in  the  judgment, 
and  filing  an  undertaking  as  required  in  the  next  section,  and  after  settle- 
ment or  adoption  of  statement,  if  any,  the  justice  must,  within  five  days, 
transmit  to  the  clerk  of  the  district  court,  if  the  appeal  be  on  questions  of 
law  alone,  a  certified  copy  of  his  docket,  the  statement  as  admitted  or  as 


1689  CIVIL  PRACTICE  Sec,  5792 

settled,  the  notice  of  appeal,  and  the  undertaking  filed;  or,  if  the  appeal 
be  on  questions  of  fact,  or  both  law  and  fact,  a  certified  copy  of  his  docket, 
the  pleadings,  all  notices,  motions,  and  all  other  papers  filed  in  the  cause, 
the  notice  of  appeal,  and  the  undertaking  filed;  and  the  justice  may  be 
compelled  by  the  district  court,  by  an  order  entered  upon  motion,  to  trans- 
mit such  papers,  and  may  be  fined  for  neglect  or  refusal  to  transmit  the 
same.  A  certified  copy  of  such  order  may  be  served  on  the  justice  by  the 
party  or  his  attorney.  In  the  district  court,  either  party  may  have  the 
benefit  of  all  legal  objections  made  in  the  justice's  court. 

Kerr,  C.  C.  P.,  077. 

A  district  court  on  appeal  has  exactly  the  Petitioner   applied   by   motion  to  the   dis- 

same  jurisdiction  as  the  justice  of  the  peace  trict  court  for  an  order  requiring  the  justice 

li-iiiii  whose  court  the  appeal  is  taken.     Pea-  before  whom  the  cause  was  tried,  to  transmit 

cork,  \ .  Leonard,  8  Nev.  84.  to  the   district  court  the  papers  on   appeal. 

As  a  justice  of  the  peace  has  no  juris-  The  order  was  refused.  Petitioner  there- 
'  lift  inn  of  an  action  of  forcible  entry,  a  dis-  after,  upon  the  same  state  of  facts,  applied 
trict  court  has  no  jurisdiction  thereof  on  to  the  supreme  court  for  a  writ  of  man- 
appeal;  and  its  proceedings  and  judgment  to  damns  to  compel  the  justice  to  transmit  said 
the  contrary  will  be  annulled  on  certiorari.  papers  to  the  district  court.  It  was  held 
Idem.  that  the  order  of  the  district  court  denying 

If  the  decisions  of  the  justice  upon  motions  the  petitioner's  motion  was  a  final  judgment 

are      erroneous      or      arbitrary,      the      party  in    that    proceeding,    from    which    an    appeal 

.•\e<l  may  renew  his  motion  or  objection  lies  (Realty,    C.    J.,    dissenting).     Mayberry 

in    the    district    court,     Martin    \.    f>istrict  v.  Bowker,  14  Nev.  3i36,  338,  340. 
Court.  ]::  Nev.  91. 

5792.    Undertaking  on  appeal  to  the  district  court  — Deposit — Justifica- 
tion of  sureties. 

SEC.  850.  An  appeal  from  a  justice's  court  where  no  stay  of  proceedings 
is  claimed  is  not  effectual  for  any  purpose  unless  an  undertaking  is  filed, 
with  two  or  more  sureties,  in  the  sum  of  one  hundred  dollars,  for  the  pay- 
ment of  the  costs  on  the  appeal.  If  a  stay  of  proceedings  is  claimed,  the 
appellant  must  file  an  additional  undertaking,  in  a  sum  equal  to  twice  the 
amount  of  the  judgment,  including  costs,  when  the  judgment  is  for  the 
payment  of  money;  or  twice  the  value  of  the  property,  including  costs, 
when  the  judgment  is  for  the  recovery  of  specific  personal  property,  and 
which  must  be  conditioned,  when  the  action  is  for  the  recovery  of  money, 
that  the  appellant  will  pay  the  amount  of  the  judgment  appealed  from, 
and  all  costs,  if  the  appeal  is  withdrawn  or  dismissed,  or  the  amount  of 
any  judgment  and  all  costs  that  may  be  recovered  against  him  in  the  action 
in  the  district  court. 

When  the  action  is  for  the  recovery  of,  or  to  enforce  or  foreclose  a  lien 
on,  specific  personal  property,  the  undertaking  must  be  conditioned  that 
the  appellant  will  pay  the  judgment  and  costs  appealed  from,  and  obey 
the  order  of  the  court  made  therein,  if  the  appeal  is  withdrawn  or  dis- 
missed, or  any  judgment  and  costs  that  may  be  recovered  against  him  in 
said  action  in  the  district  court,  and  will  obey  any  order  made  by  the 
court  therein.  When  the  judgment  appealed  from  directs  the  delivery  of 
possession  of  real  property,  the  execution  of  the  same  cannot  be  stayed 
unless  a  written  undertaking  is  executed  on  the  part  of  the  appellant,  with 
two  or  more  sureties,  to  the  effect  that  during  the  possession  of  such 
property  by  the  appellant,  he  will  not  commit,  or  suffer  to  be  committed, 
any  waste  thereon,  and  that  if  the  appeal  is  dismissed  or  withdrawn,  or 
the  judgment  affirmed,  or  judgment  be  recovered  against  him  in  the  action 
in  the  district  court,  he  will  pay  the  value  of  the  use  and  occupation  of  the 
property  from  the  time  of  the  appeal  until  the  delivery  of  possession 
thereof,  or  that  he  will  pay  any  judgment  and  costs  that  may  be  recovered 
against  him  in  said  action  in  the  district  court,  not  exceeding  a  sum  to  be 
fixed  by  the  justice  of  the  court  from  which  the  appeal  is  taken,  and  which 
sum  must  be  specified  in  the  undertaking.  A  deposit  of  the  amount  of  the 


Sec.  5793  CIVIL  PRACTICE  1690 

judgment,  including  all  costs,  appealed  from  or  of  the  value  of  the  prop- 
erty, including  all  costs,  in  actions  for  the  recovery  of  specific  personal 
property,  with  the  justice,  is  equivalent  to  the  filing  of  the  undertaking, 
and  in  such  cases  the  justice  must  transmit  the  money  to  the  clerk  of  the 
district  court,  to  be  by  him  paid  out  on  the  order  of  the  court.  The  adverse 
party  may  except  to  the  sufficiency  of  the  sureties  within  five  days  after 
the  filing  of  the  undertaking,  and  unless  they  or  other  sureties  justify 
before  the  justice  within  five  days  thereafter,  upon  notice  to  the  adverse 
party,  to  the  amounts  stated  in  their  affidavits,  the  appeal  must,  be  regarded 
as  if  no  such  undertaking  had  been  given. 

Kerr,  C.  C.P.,978. 

An  undertaking  for  $600,  reciting  a  desire  to  pay  the  costs  on  appeal,  rind  is  sufficient 

to  appeal  and  binding  appellant  to  pay  the  to    perfect    the    appeal,    regardless    of    its 

judgment    and    all    costs    on    withdrawal    or  sufficiency  to  stay  proceedings  (Sweeney,  J  , 

dismissal  of  the  appeal,  or  to  pay  the  judg-  dissenting).     State  ex  rel.  Jones  v.  Brown, 

ment  on  appeal,  is  good  as  an  undertaking  30  Nev.  495,  500  (98  P.  871). 

5793.  Stay  of  proceedings  on  filing  undertaking. 

SEC.  851.  If  an  execution  be  issued  on  the  filing  of  the  undertaking 
staying  proceedings,  the  justice  must,  by  order,  direct  the  officer  to  stay 
all  proceedings  on  the  same.  Such  officer  must,  upon  payment  of  his  fees 
for  services  rendered  on  the  execution,  thereupon  relinquish  all  property 
levied  upon,  and  deliver  the  same  to  the  judgment  debtor,  together  with  all 
moneys  collected  from  sales  or  otherwise.  If  his  fees  be  not  paid,  the 
officer  may  retain  so  much  of  the  property  or  proceeds  thereof  as  may  be 
necessary  to  pay  the  same. 

Kerr,  C.  C.P.,979. 

5794.  Powers  of  district  court  on  appeal— Dismissal— Damages— Costs- 

Judgment. 

SEC.  852.  Upon  an  appeal  heard  upon  a  statement  of  the  case,  the  dis- 
trict court  may  review  all  orders  affecting  the  judgment  appealed  from, 
and  may  set  aside,  or  confirm,  or  modify  any  or  all  of  the  proceedings  sub- 
sequent to  and  dependent  upon  such  judgment,  and  may,  if  necessary  or 
proper,  order  a  new  trial.  When  the  action  is  tried  anew  on  appeal,  the 
trial  must  be  conducted  in  all  respects"  as  other  trials  in  the  district  court. 
The  provisions  of  this  act  as  to  changing  the  place  of  trial,  and  all  the  pro- 
visions as  to  trials  in  the  district  court,  are  applicable  to  trials  on  appeal 
in  the  district  court.  For  a  failure  to  prosecute  an  appeal,  or  unnecessary 
delay  in  bringing  it  to  a  hearing,  the  district  court,  after  notice,  may  order 
the  appeal  to  be  dismissed,  with  costs ;  and  if  it  appear  to  such  court  that 
the  appeal  was  made  solely  for  delay,  it  may  add  to  the  costs  such  damages 
as  may  be  just,  not  exceeding  twenty-five  per  cent  of  the  judgment  appealed 
from.  Judgments  rendered  in  the  district  court  on  appeal  shall  have  the 
same  force  and  effect,  and  may  be  enforced  in  the  same  manner,  as  judg- 
ments in  actions  commenced  in  the  district  court. 

Kerr,  C.C.P.,980. 

CHAPTER  84 
JUSTICES'  COURTS — CONTEMPTS  AND  GENERAL  PROVISIONS 

oTJ).").  Contempts  a  justice  may  punish  for.  5802.  An  index  to  the  docket  must  be  kept. 

5796.  Proceedings  for  contempts — Immediate       5803.  Dockets  must  be  delivered  by  justice 

view  and  presence.  to  successor  or  county  clerk. 

5797.  Idem — Not    in    immediate    view    and       5804.  Proceedings  when  office  becomes  vacant, 

presence.  and  before  successor  is  appointed. 

5798.  Punishments  and  contempts.  5805.  Justice   may  issue   execution   or   other 

5799.  The  conviction  must  be  entered  in  the  process  upon  docket  of  predecessor. 

docket.  5806.  Who  successor  of  justice. 

5800.  Docket,  what  to  contain.  5807.  Designation  of  succeeding  justice. 

5801.  Entries   therein   prima   facie   evidence       5808.  Justice  may  issue  subpenas  and  final 

of  facts.  process  to  any  part  of  county. 


1691  CIVIL  PRACTICE  Sec.  5800 

Blanks    must    be    filled    in    all    papers  5812.  Justices  may  require  security  for  costs. 

issued  by  a  justice,  except  subpenas.  5813.  Who  entitled  to  costs. 

.~>MH.  Justices  to  receive  all  moneys  collected  5814.  Attorney's  fees  may  be  recovered. 

and  pay  same  to  parties.  "^15.  What  provisions  of  code  applicable  to 
."Ml.  In  case  of  disability  of  justice  another                       justices'  courts. 

justice  may  attend  on  his  behalf.  5816.  Deposit  instead  of  undertaking. 

579-").    Contempts  a  justice  may  punish  for. 

SEC.  853.  A  justice  may  punish  as  for  contempt  persons  guilty  of  the 
following  acts,  and  no  other : 

1.  Disorderly,  contemptuous,  or  insolent  behavior  toward  the  justice 
while  holding  court,  tending  to  interrupt  the  due  course  of  a  trial  or  other 
judicial  proceeding. 

2.  A  breach  of  the  peace,  boisterous  conduct,  or  violent  disturbance  in 
the  presence  of  the  justice,  or  in  the  immediate  vicinity  of  the  court  held 
by  him,  tending  to  interrupt  the  due  course  of  a  trial  or  other  judicial  pro- 
ceeding. 

?.  Disobedience  or  resistance  to  the  execution  of  a  lawful  order  or 
process,  made  or  issued  by  him. 

4.  Disobedience  to  a  subpena  duly  served,  or  refusing  to  be  sworn  or  to 
answer  as  a  witness. 

5.  Rescuing  any  person  or  property  in  the  custody  of  an  officer  by  virtue 
of  an  order  or  process  of  the  court  held  by  him. 

Kerr.  C.  G.  P., 906. 

r>79(i.     Proceedings  for  contempts— Immediate  view  and  presence. 

SEC.  854.  When  a  contempt  is  committed  in  the  immediate  view  and 
presence  of  the  justice,  it  may  be  punished  summarily;  to  that  end  an 
order  must  be  made,  reciting  the  facts  as  they  occurred,  and  adjudging 
that  the  person  proceeded  against  is  thereby  guilty  of  contempt,  and  that 
he  be  punished  as  therein  prescribed. 

K.-rr,  C.  C.P.,'.NI7. 

5797.  Idem— Not  in  immediate  view  and  presence. 

SEC.  855.  When  the  contempt  is  not  committed  in  the  immediate  view 
and  presence  of  the  justice,  a  warrant  of  arrest  may  be  issued  by  such 
justice,  on  which  the  person  so  guilty  may  be  arrested  and  brought  before 
the  justice  immediately,  when  an  opportunity  to  be  heard  in  his  defense  or 
excuse  must  be  given.  The  justice  may,  thereupon,  discharge  him,  or  may 
convict  him  of  the  offense. 

K.-rr,  C.  C.P.,908. 

Kx  Parte  Hedden,  29  Nev.  352  (90  P.  737). 

5798.  Punishments  for  contempts. 

SEC.  856.  A  justice  may  punish  for  contempts  by  fine  or  imprisonment, 
or  both ;  such  fine  not  to  exceed,  in  any.  case,  one  hundred  dollars,  and 
such  imprisonment  one  day,  or  both. 

Kerr,  C.  C.P.,909. 

5799.  The  conviction  must  be  entered  in  the  docket. 

SEC.  857.  The  conviction,  specifying  particularly  the  offense  and  the 
judgment  thereon,  must  be  entered  by  the  justice  in  his  docket. 

Kerr,  C.  C.P.,910. 

5800.  Docket,  what  to  contain. 

SEC.  858.  Every  justice  must  keep  a  book,  denominated  a  "docket,"  in 
which  he  must  enter : 

1.  The  title  of  every  action  or  proceeding. 

2.  The  object  of  the  action  or  proceeding;    and  if  a  sum  of  money  be 
claimed,  the  amount  thereof. 


Sec,  5801  CIVIL  PRACTICE  1692 

3.  The  date  of  the  summons,  and  the  time  of  its  return ;  and  if  an  order 
to  arrest  the  defendant  be  made,  or  a  writ  of  attachment  be  issued,  a  state- 
ment of  the  fact. 

4.  The  time  when  the  parties,  or  either  of  them,  appear,  or  their  non- 
appearance,  if  default  be  made;   a  minute  of  the  pleadings  and  motions; 
if  in  writing,  referring  to  them ;   if  not  in  writing,  a  concise  statement  of 
the  material  parts  of  the  pleading. 

5.  Every  adjournment,  stating  on  whose  application  and  to  what  time. 

6.  The  demand  for  a  trial  by  jury,  when  the  same  is  made,  and  by  whom 
made,  the  order  for  the  jury,  and  the  time  appointed  for  the  return  of  the 
jury  and  for  the  trial. 

7.  The  names  of  the  jurors  who  appear  and  are  sworn,  and  the  names 
of  all  witnesses  sworn,  and  at  whose  request. 

8.  The  verdict  of  the  jury,  and  when  received;   if  the  jury  disagree  and 
are  discharged,  the  fact  of  such  disagreement  and  discharge. 

9.  The  judgment  of  the  court,  specifying  the  costs  included,  and  the 
time  when  rendered. 

10.  The  issuing  of  the  execution,  when  issued  and  to  whom ;  the  renewals 
thereof,  if  any,  and  when  made,  and  a  statement  of  any  money  paid  to  the 
justice,  when  and  by  whom. 

11.  The  receipt  of  a  notice  of  appeal,  if  any  be  given,  and  of  the  appeal 
bond,  if  any  be  filed. 

Kerr,  C.  C."p.,911.' 

The   docket   of   a   justice   of  the  peace   is  the    summons    and    the    time    of    its   return, 

only  primary  evidence  of  those  facts  which  Scorpion  S.  M.  Co.  v.  Marsano,  10  Ner.  370, 

it    is    required    to    contain,    and    it    is    not  382. 

required   to   contain   any   finding   that   sum-  See   Martin   v.   District   Court,  under   see. 

mons  has  been  served;  but  only  the  date  of  849  of  this  act. 

Ex  Parte  Breckenridge,  34  Nev.  — . 

5801.  Entries  therein  prima  facie  evidence  of  facts. 

SEC.  859.  The  several  particulars  of  the  last  section  specified  must  be 
entered  under  the  title  of  the  action  to  which  they  relate,  and  (unless 
otherwise  in  this  title  provided)  at  the  time  when  they  occur.  Such  entries 
in  a  justice's  docket,  or  a  transcript  thereof,  certified  by  the  justice,  or  his 
successor  in  office,  are  prima  facie  evidence  of  the  facts  so  stated. 

Kerr,  C.  C.P.,912. 

5802.  An  index  to  the  docket  must  be  kept. 

SEC.  860.  A  justice  must  keep  an  alphabetical  index  to  his  docket,  in 
which  must  be  entered  the  names  of  the  parties  to  each  judgment,  with 
a  reference  to  the  page  of  entry.  The  names  of  the  plaintiffs  must  be 
entered  in  the  index,  in  the  alphabetical  order  of  the  first  letter  of  the 
family  name. 

Kerr,  C.  C.P.,913. 

5803.  Dockets  must  be  delivered  by  justice  to  successor  or  county  clerk. 
SEC.  861.     Every  justice  of  the  peace,  upon  the  expiration  of  his  term 

of  office,  must  deposit  with  his  successor  his  official  dockets,  and  all  papers 
filed  in  his  office,  as  well  his  own  as  those  of  his  predecessors,  or  any  other 
which  may  be  in  his  custody,  to  be  kept  as  public  records. 

Kerr,  C.  C.P.,914. 

5804.  Proceedings  when  office  becomes  vacant,  and    before  successor 

appointed. 

SEC.  862.  If  the  office  of  a  justice  become  vacant  by  his  death  or  removal 
from  the  township  or  city,  or  otherwise,  before  his  successor  is  elected  and 
qualified,  the  docket  and  papers  in  possession  of  such  justice  must  be 
deposited  in  the  office  of  some  other  justice  in  the  township,  to  be  by  him 


1693  CIVIL  PRACTICE  Sec.  5811 

delivered  to  the  successor  of  such  justice.  If  there  is  no  other  justice  in 
the  township,  then  the  docket  and  papers  of  such  justice  must  be  deposited 
in  the  office  of  the  county  clerk  of  the  county,  to  be  by  him  delivered  to 
the  successor  in  office  of  the  justice. 

Kerr,  (\  (\  P.,915. 

5805.  Justice  may  issue  execution  or  other  process  upon  docket  of  pred- 

ecessor. 

SEC.  863.  Any  justice  with  whom  the  docket  of  his  predecessor,  or  of  any 
other  justice,  is  deposited,  has  and  may  exercise  over  all  actions  and  pro- 
ceedings entered  in  such  docket,  the  same  jurisdiction  as  if  originally  com- 
menced before  him.  In  case  of  the  creation  of  a  new  county,  or  the  change 
of  the  boundary  between  two  counties,  any  justice  into  whose  hands  the 
docket  of  a  justice  formerly  acting  as  such  within  the  same  territory  may 
come,  is,  for  the  purposes  of  this  section,  considered  the  successor  of  such 
former  justice. 

K.MT,  C.  C.  P.,91»i. 

5806.  Who  successor  of  justice. 

SEC.  864.  The  justice  elected  to  fill  a  vacancy  is  the  successor  of  the 
justice  whose  office  became  vacant  before  the  expiration  of  a  full  term. 
When  a  full  term  expires,  the  same  or  another  person  elected  to  take  office 
in  the  same  township  or  city,  from  that  time  is  the  successor. 

Krrr.  ('.  C.  P., 917. 

5807.  Designation  of  succeeding  justice. 

SEC.  865.  When  two  or  more  justices  are  equally  entitled,  under  the  last 
section,  to  be  deemed  the  successors  in  office  of  the  justice,  a  judge  of  the 
district  court  must,  by  a  certificate  subscribed  by  him  and  filed  in  the  office 
of  the  county  clerk,  designate  which  justice  is  the  successor  of  a  justice 
going  out  of  office,  or  whose  office  has  become  vacant. 

K.MT.  C.C.  P., 918. 

5808.  Justices  may  issue  subpenas  and  final  process  to  any  part  of  county. 
SEC.  866.    Justices  of  the  peace  may  issue  subpenas  in  any  action  or 

proceeding  in  the  courts  held  by  them,  and  final  process  on  any  judgment 
recovered  therein,  to  any  part  of  the  county. 

Krrr,  C.C.P.,919. 

5809.  Blanks  must  he  tilled  in  all  papers   issued;  by  a   justice,  except 

subpenas. 

SEC.  867.  The  summons,  execution,  and  every  other  paper  made  or 
issued  by  a  justice,  except  a  subpena,  must  be  issued  without  a  blank  left 
to  be  filled  by  another,  otherwise  it  is  void. 

Kerr,  C.  C.  P.,  920. 

5810.  Justices  to  receive  all  moneys  collected  and  pay  same  to  parties. 

SEC.  868.  Justices  of  the  peace  must  receive  from  the  sheriff  or  con- 
stables of  their  county,  all  moneys  collected  on  any  process  or  order  issued 
from  their  courts  respectively,  and  must  pay  the  same,  and  all  moneys 
paid  to  them  in  their  official  capacity,  over  to  the  parties  entitled  or 
authorized  to  receive  them;  without  delay. 

Kerr,  C.  C.  P. ,921. 

5811.  In  case  of  disability  of  justice  another  justice  may  attend  on  his 

behalf. 

SEC.  869.     In   case   of  the   sickness   or   other   disability,   or   necessary 
absence  of  a  justice,  on  a  return  of  a  summons,  or  at  the  time  appointed  for 
a  trial,  another  justice  of  the  same  township  or  city  may,  at  his  request, 
107 


Sec,  5812  CIVIL  PRACTICE  1694 

attend  in  his  behalf,  and  thereupon  is  vested  with  the  power,  for  the  time 
being,  of  the  justice  before  whom  the  summons  was  returnable.  In  that 
case,  the  proper  entry  of  the  proceedings  before  the  attending  justice, 
subscribed  by  him,  must  be  made  in  the  docket  of  the  justice  before  whom 
the  summons  was  returnable.  If  the  case  is  adjourned,  the  justice  before 
whom  the  summons  was  returnable  may  resume  jurisdiction. 
Kerr,  C.C.  P.,922. 

5812.    Justices  may  require  security  for  costs. 

SEC.  870.     Justices  may,  in  all  cases  require  a  deposit  of  money  or  an 
undertaking,  as  security  for  costs  of  court,  before  issuing  a  summons. 
Kerr,  C.C.  P.,  923. 

5818.    Who  entitled  to  costs. 

SEC.  871.  The  prevailing  party  in  justices'  courts  is  entitled  to  costs  of 
the  action,  and  also  of  any  proceedings  taken  by  him  in  aid  of  an  execution 
issued  upon  any  judgment  recovered  therein. 

Kerr,  C.  C.P.,924. 

5814.  Attorneys'  fees  may  be  recovered. 

SEC.  872.  The  prevailing  party  in  any  civil  action  at  law  in  the  justice 
courts  of  this  state  shall  receive  in  addition  to  the  costs  of  court  as  now 
allowed  by  law,  a  reasonable  attorney's  fee,  said  fee  to  be  fixed  by  the 
justice  of  the  peace,  and  taxed  as  costs  against  the  losing  party. 

5815.  What  provisions  of  code  applicable  to  justices'  courts. 

SEC.  873.  Justices'  courts  being  courts  of  peculiar  and  limited  jurisdic- 
tion, only  those  provisions  of  this  act  which  are,  in  their  nature,  applicable 
to  the  organization,  powers,  and  course  of  proceedings  in  justices'  courts 
or  which  have  been  made  applicable  by  special  provisions  in  this  title,  are 
applicable  to  justices'  courts  and  the  proceedings  therein. 

Kerr,  C.  C.  P.,  925. 

5816.  Deposit  instead  of  undertaking. 

SEC.  874.  In  all  civil  cases  arising  in  justices'  courts,  wherein  an  under- 
taking is  required  as  prescribed  in  this  act,  the  plaintiff  or  defendant  may 
deposit  with  said  justice  a  sum  of  money  in  United  States  gold  coin  equal 
to  the  amount  required  by  the  said  undertaking,  which  said  sum  of  money 
shall  be  taken  as  security  in  place  of  said  undertaking. 

Kerr,  C.C.  P.,  926. 

CHAPTER  85 

CONCERNING  THE  REPEAL  OF  CERTAIN  PROVISIONS  OF  THE  CIVIL  PRACTICE 
ACT  AND  ACTS  IN  RELATION  THERETO 

5817.  Same    provisions    in    this    act    as    in       5819.  Limitations  not  affected. 

existing    acts    deemed    continuation       5820.  Act  to  take  effect  January  1,  1912. 
thereof.  5821.  Schedule  of  acts  repealed. 

5718.  Existing  or  prior  existing  rights  pre- 
served. 

5817.    Same  provisions  in  this  act  as  in  existing  acts  deemed  continuation 
thereof. 

SEC.  875.  The  provisions  of  this  act,  so  far  as  they  are  substantially  the 
same  as  those  of  existing  statutes,  shall  be  construed  as  a  continuation 
thereof  and  not  as  new  enactments,  and  a  reference  in  a  statute  which  has 
not  been  repealed  to  provisions  of  law  which  are  revised  and  reenacted 
herein  shall  be  construed  as  applying  to  such  provisions  as  so  incorporated 
in  this  act. 


1695  CIVIL  PRACTICE  Sec.  5821 

Art  cited  trenerally,  in  dissenting  opinion  of  later  enactments  of  the  legislature,  and 
of  Fit /Dentil  I.  J.,  to  the  effect  that  such  therefore  to  be  the  latest  and  true  expression 
sections  of  the  acts  of  1861,  314,  as  were  Con-  of  the  legislative  will,  but  were  to  be  con- 
tained in  the  act  of  1869,  196,  in  The  same  sidcrod  merely  as  continuations  of  the  old 
identical  words,  were  not  to  have  the  force  enactment.  Peters  v.  Jones,  26  Nev.  265 

(66  P.  745). 

5818.  Existing  or  prior  existing  rights  preserved. 

SEC.  876.  The  repeal  of  a  law  by  this  act  shall  not  affect  any  act  done, 
ratified  or  confirmed,  or  any  right  accrued  or  established,  or  any  action, 
suit  or  proceeding  commenced  or  had  in  a  civil  case,  before  the  repeal  takes 
effect,  but  the  proceedings  in  such  case  shall,  as  far  as  practicable,  conform 
to  the  provisions  of  this  act. 

5819.  Limitations  not  a  fleeted. 

SEC.  877.  If  a  limitation  or  period  of  time  prescribed  in  any  of  the  acts 
repealed  for  acquiring  a  right,  barring  a  remedy  or  any  other  purpose  has 
begun  to  run,  and  the  same  or  a  similar  limitation  is  prescribed  in  any  law 
of  the  state,  the  time  of  limitation  shall  continue  to  run  and  shall  have 
like  effect  as  if  the  whole  period  had  begun  and  ended  under  the  operation 
of  the  law  then  in  force. 

58-20.    Act  to  take  effect  January  1.  1JM2. 

SEC.  878.  This  act  shall  take  effect  on  the  first  day  of  January,  one 
thousand  nine  hundred  and  twelve. 

5821.    Schedule  of  acts  repealed. 

SEC.  879.  The  acts,  and  parts  of  acts,  which  are  specified  in  the  annexed 
schedule  shall  be  expressly  repealed  from  and  after  the  first  day  of  January 
in  the  year  nineteen  hundred  and  twelve,  subject  to  all  the  provisions  con- 
tained ih  this  chapter ;  but  no  implication  shall  be  drawn  from  such  repeal 
that  said  acts  were  in  force  until  so  repealed : 

SCHEDULE 

An  act  adopting  the  common  law,  approved  January  24,  1883 ; 

An  act  to  regulate  proceedings  in  civil  cases  in  the  courts  of  justice  of  this 
state,  and  to  repeal  all  other  acts  in  relation  thereto,  approved  March 
8,  1869; 

An  act  to  provide  for  an  alias  summons,  approved  February  23,  1899 ; 

An  act  defining  the  time  of  commencing  civil  actions,  approved  November 
21,  1861; 

An  act  supplementary  to  an  act  of  the  governor  and  legislative  assembly  of 
the  Territory  of  Nevada,  approved  November  21,  1861,  entitled  "An 
act  defining  the  time  of  commencing  civil  actions,"  approved  February 
27,  1869; 

An  act  relating  to  the  manner  of  commencing  civil  actions,  approved  Decem- 
ber 20,  1862 ; 

An  act  prescribing  the  manner  of  commencing  and  maintaining  actions  by 
or  against  counties,  approved  February  16,  1864 ; 

An  act  regulating  proceedings  upon  quo  warranto  and  information  in  the 
nature  thereof,  approved  February  21,  1865 ; 

An  act  concerning  forcible  entries  and  unlawful  detainers,  approved  Febru- 
ary 16,  1865; 

An  act  concerning  unlawful  holding  over  lands,  tenements,  and  other 
possessions,  approved  March  8,  1865; 

An  act  to  regulate  appeals  in  the  courts  of  justice  of  this  state,  approved 
March  11,  1865; 

An  act  regulating  appeals  to  the  supreme  court,  approved  March  13,  1895 ; 

An  act  relating  to  statements  on  appeal  and  motions  for  new  trial, 
approved  January  24,  1889 ; 


Sec.  5822  CIVIL  PRACTICE  1696 

An  act  for  the  punishment  of  contempts  and  trespasses,  approved  March 

11,  1865; 

An  act  supplementary  to  an  act  entitled  "An  act  to  secure  liens  to  mechan- 
ics and  others, and  to  repeal  all  other  acts  in  relation  thereto,"  approved 

March  2,  1875,  approved  February  24,  1877 ; 
An  act  for  the  relief  of  persons  imprisoned  on  civil  process,  approved 

December  19,  1862 ; 
An  act  to  enable  a  certain  class  of  claimants  against  the  state  to  appeal  to 

the  courts,  approved  March  2,  1869; 
An  act  requiring  compensation  for  causing  death  by  wrongful  acts,  neglect, 

or  default,  approved  February  28,  1871 ; 
An  act  concerning  the  determination  of  conflicting  rights  to  mining  claims 

in  certain  cases,  approved  February  10,  1873 ; 
An  act  to  provide  for  the  substitution  of  other  defendants  in  certain  cases, 

and  for  the  action  of  interpleader  by  the  custodian  of  property  claimed 

adversely  by  different  parties,  approved  March  29,  1907 ; 
An  act  making  attorneys'  fees  taxable  as  costs  in  favor  of  the  prevailing 

party  in  civil  actions  in  the  justice  courts  of  Nevada,  approved  March 

24,  1909; 

An  act  to  regulate  the  condemnation  of  property  for  public  use,  approved 

February  27,  1897 ; 
An  act  to  regulate  the  exercise  of  the  right  of  eminent  domain,  approved 

March  27,  1907 ; 
An  act  for  the  protection  of  mines  and  mining  claims,  approved  December 

17,  1862 ; 
An  act  to  encourage  the  mining,  milling,  smelting,  or  other  reduction  of 

ores  in  the  State  of  Nevada,  approved  March  1,  1875 ; 
Sections  1  and  3  of  an  act  to  protect  the  wages  of  labor,  approved  February 

21,  1873; 
Sections  1  and  2  of  an  act  to  secure  liens  to  ranchmen  and  other  persons, 

approved  February  14,  1866 ; 

Sections  1  and  2  of  an  act  limiting  the  time  in  which  proceedings  for  con- 
testing the  election  of  any  officer  may  be  begun,  approved  March 

25,  1903; 

Also  all  acts  amendatory  of  the  foregoing  acts  specified,  and  all  other 
acts  and  parts  of  acts  not  particularly  referred  to,  in  conflict  with 
this  act. 

MINERAL  CABINETS  EXEMPT  FROM  EXECUTION 

An  Act  to  encourage  the  collection  of  geological,  paleontological,  and  mineral 

specimens  in  this  state. 

Approved  March  5, 1879.  64. 

5822.  Specimen  cabinets  exempt  from  execution. 

SECTION  1.  Any  person  who  shall  be  the  bona  fide  owner  of  a  collection, 
or  cabinet  of  metal-bearing  ores,  geological  specimens,  art  curiosities,  or 
paleontological  remains,  and  who  shall  properly  arrange,  classify,  number, 
and  catalogue  in  a  suitable  book  or  books  of  reference  any  such  collection  of 
ores,  specimens,  curiosities,  or  remains,  whether  the  same  shall  be  kept  at  a 
private  residence  or  in  a  public  hall,  or  in  a  place  of  public  business  or  traffic, 
the  said  bona  fide  owner  of  such  collection  shall  be  entitled  to  hold  the  same 
exempt  from  execution,  as  other  property  is  exempted  from  execution  under 
the  provisions  of  section  221  of  an  act  entitled  "An  act  to  regulate  proceed- 
ings in  civil  cases  in  the  courts  of  justice  of  this  state,  and  to  repeal  all  other 
acts  in  relation  thereto,"  approved  March  eighth,  eighteen  hundred  and  sixty- 
nine. 

5823.  Idem— Numismatic  collections  defined— Not  exempt. 

SEC.  2.     Nothing  in  section  1  of  this  act  shall  be  construed  so  as  to  exempt 


1697  CIVIL  PRACTICE  See.  5825 

from  execution  any  numismatic  collection,  such  as  gold  and  silver  coins, 
paper  currency,  bank  notes,  legal  tender  currency,  national  or  state  bonds, 
or  any  negotiable  note,  or  valuable  copper,  bronze,  nickel,  platinum,  or  other 
coin  whatsoever. 

08*24.     Idem—  Must  keep  catalogues. 

SEC.  3.  "  It  is  hereby  made  the  duty  of  the  owner  of  any  such  collection 
or  cabinet,  as  described  in  section  1  of  this  act,  to  keep  constantly  at  or  near 
such  collections  or  cabinet,  for  the  free  inspection  of  all  visitors  who  may 
desire  to  examine  the  same,  either  written  or  printed  catalogues,  as  provided 
in  section  1  of  this  act;  and  any  person  owning  such  collection  or  cabinet, 
who  shall  fail  or  neglect  to  comply  with  the  provisions  of  this  section  of  this 
act,  shall  forfeit  all  right  to  hold  such  collections  or  cabinet  as  exempt  from 
legal  execution,  as  provided  in  section  1  of  this  act. 

ADOPTION  OF  CHILDREN 

Al>andonm«'iit  i»t'  child,  sections  6446,  6447. 

Abandonment  <>t'  illegitimate  child,  section  7'>»>. 

Apprt-iit  ici-v.  section    IXL'.  i-t  seq. 

Milliard  halls,  minors  excluded  from,  section  b'506. 

Children,  sections  7i>   7<>(>. 

Civil  practice  act,  sections 


''ompulsory  education,  sections  3443-3-1  .".  I  . 

Employment    of  minors  prohibited,  section  6823. 

Failure  to  keep  at  school,  section  :\n~>. 

Failure  to  support,  sections  766,  6481-6483. 

Guardians,  sections  6149-6201. 

Husband  and  wife,  sections  I'l",   •_']!•  I. 

Jurisdiction  <>\  rr  rotates  of  minors  in  district  court,  section  4849. 

Juvenile  court  law,  section  7i!!».  et  seq. 

Liquor  selling  to  minors  unlawful,  section  6506. 

Production  of  pretended  heirs,  section  6370. 

Protection  of  school  children,  sections  3452-3454. 

Substitution  of  child,  section  6371. 

Tobacco  selling  to  minors  unlawful,  section  6502. 

Wills,  sections  6202-6222. 

An  Act  to  provide  for  the  adoption  of  children. 

Approved  February  20,  1885.  29 

5825.  Adoption  of  children  —  Requirements.  5831.  If    abandonment    of    child    be    shown, 

•"s_''i.  Idem  —  Necessary  consent  —  Appearance  consent   not   necessary  —  Consent   of 

before    district    judge  —  Agreement  absent  parents,  how  obtained  —  Gus- 

to support.  todian    or    next    friend    cited    and 

~»L.'7.   I'n  lawfully  separated  married  persons  examined. 

shall  not  adopt  without  consent  of  5832.  Papers    to    be    filed    by    judge  —  Order 

spouse  —  Exception.  entered     in     court     minutes  —  Copy 

5828.  Consent   of   parents  —  Exception,  pro-  recorded    with    county    recorder  — 

viso  —  Illegitimate  child  —  Child  over  Record  of  legal  notice. 

twelve  must  consent  in  writing.  5833.  When     illegitimate    child    is    deemed 

5829.  Judge  to   examine  under  oath  —  Order  adopted    by    conduct    of    father  — 

of    adoption  —  Rights    of    adopted  Effect  —  Acknowledged     by     father 

child  same  as  lawful  child.  becomes  legitimate  from  its  birth. 

5830.  May   take   name   of   adopting  party  —       5834.  Shall  not  apply  to  Mongolians. 

Legal  relation  of  parties. 

5825.    Adoption  of  children—  Requirements. 

SECTION  1.  Any  minor  child  may  be  adopted  by  any  adult  person  or  by 
any  husband  and  wife,  in  the  cases  and  subject  to  the  provisions  prescribed 
in  this  act.  The  person  or  persons  adopting  a  child  must  be  at  least  ten 
years  older  than  the  child  adopted;  provided,  that  in  the  case  of  a  husband 
and  wife  adopting  a  child,  if  only  one  of  them  shall  be  ten  years  older  than 
the  child,  it  shall  be  sufficient. 

See  nee.  74(5. 


Sec.  5826  CIVIL  PRACTICE  1698 

5826.  Idem— Necessary  consent  —  Appearance  before  district  judge  — 

Agreement  to  support. 

SEC.  2.  The  person  or  persons  adopting  a  child,  and  the  child  adopted,  and 
the  other  persons,  if  known,  if  within  or  residents  of  this  state,  whose  con- 
sent is  necessary,  must  appear  before  the  district  judge  of  the  county  where 
the  person  or  persons  adopting  reside,  and  the  necessary  consent  must  there- 
upon be  signed  and  an  agreement  be  executed  by  the  person  or  persons 
adopting,  to  the  effect  that  the  child  shall  be  adopted  and  treated  in  all 
respects  as  his,  or  her,  or  their  own  lawful  child  should  be  treated,  including 
•the  rights  of  support,  protection  and  inheritance. 

5827.  Unlawfully  separated  married  persons  shall  not  adopt  without 

consent  of  spouse— Exception. 

SEC.  3.  A  married  man,  not  lawfully  separated  from  his  wife,  or  a  mar- 
ried woman,  not  thus  separated  from  her  husband,  cannot  adopt  a  child 
without  the  consent  of  the  other  spouse;  provided,  the  husband  or  wife  not 
consenting  is  capable  of  giving  such  consent. 

5828.  Consent  of  parents  — Exception  — Proviso— Illegitimate  child- 

Child  over  twelve  must  consent  in  writing, 

SEC.  4.  A  legitimate  child  cannot  be  adopted  without  the  consent  of  its 
parents,  if  they  be  living  and  known,  nor  an  illegitimate  child  without  the 
consent  of  its  mother,  if  she  be  living  and  known,  and  not  without  the  con- 
sent of  the  father  of  such  illegitimate  child  also,  if  he  be  living  and  known, 
and  if  he  shall  have  adopted  such  illegitimate  child  as  his  own,  by  the  acts 
and  in  the  manner  prescribed  by  section  8  [9]  of  this  act;  provided,  that  such 
consent  shall  not  be  necessary  from  a  father  or  mother  deprived  of  civil  rights, 
or  adjudged  guilty  of  adultery,  or  cruelty,  abandonment,  or  for  either  of  said 
causes,  divorced,  or  adjudged  to  be  a  habitual  drunkard,  or  has  been  judicially 
deprived  of  the  custody  of  the  child  on  account  of  adultery,  drunkenness, 
cruelty  or  neglect;  and,  provided  further,  that  no  child  over  the  age  of  twelve 
years  shall  be  adopted  without  his  or  her  own  consent  in  writing. 

5829.  Judge  to  examine  under  oath— Order  of  adoption  —  Eights  of 

adopted  child  same  as  lawful  child. 

SEC.  5.  The  judge  must  examine,  under  oath,  all  persons  appearing  before 
him  under  the  provisions  of  this  act,  and  if  satisfied  that  the  interest  of  the 
child  will  be  promoted  by  the  adoption,  he  shall  make  an  order  declaring  that 
the  child  shall  henceforth  be  regarded  and  treated  in  all  respects  as,  and  have 
all  rights,  including  the  right  of  support,  and  of  protection,  and  of  inheritance, 
of  a  lawful  child  of  the  person  or  persons  so  adopting  the  child. 

5830.  May  take  name  of  adopting  party— Legal  relation  of  parties. 

SEC.  6.  A  child,  when  adopted,  may  take  the  family  name  of  the  person 
or  persons  adopting,  and  after  adoption  the  persons  adopting,  and  the  child, 
shall  sustain  towards  each  other  the  legal  relation  of  parent  and  child,  and 
have  all  the  rights,  including  the  rights  of  support,  maintenance,  protection, 
and  inheritance,  and  be  subject  to  all  of  the  duties  of  that  relation;  and  the 
natural  parents  of  an  adopted  child  are,  from  the  time  of  the  adoption, 
relieved  of  all  parental  duties  toward,  and  all  responsibilities  for,  the  child 
so  adopted,  and  have  no  rights  over  it. 

5831.  Consent  of  absent  parents,  how  obtained— If  abandonment  of  child 

be  shown,  consent  not  necessary— Custodian  or  next  friend  cited 
and  examined. 

SEC.  7.  If  the  persons  whose  consent  is  necessary  to  the  adoption  of  the 
child  are  not  within  this  state,  their  consent,  in  writing,  if  they  be  known 
and  their  whereabouts  can  be  ascertained,  must  be  obtained  and  filed  with 


1699  CIVIL  PRACTICE  See.  5837 

the  judge,  duly  executed  and  acknowledged,  in  like  manner  as  conveyances 
of  real  estate  are  required  to  be  executed  and  acknowledged;  provided,  that 
if  the  judge  shall  find  that  the  person  or  persons  whose  consent  is  required 
have  abandoned  such  child,  or  if  such  persons  are  unknown,  or  their  where- 
abouts cannot  be  ascertained,  then  in  that  case  the  judge  may,  in  his  discre- 
tion, proceed  to  make  the  order  of  adoption  without  such  consent;  *tmt  in 
that  case  it  shall  be  the  duty  of  the  judge  to  cause  to  appear  before  him,  by 
citation  or  otherwise,  the  persons  in  whose  custody  the  child  is,  and  may 
also  bring  before  him,  in  his  discretion,  such  of  the  next  friends  of  the  child 
as  he  may  deem  proper,  and  shall  examine  them  under  oath,  and  if  he  deem 
it  for  the  best  interests  of  the  child,  he  shall  make  the  order  of  adoption. 

5882.    Papers  to  he  filed  by  judge— Order  entered  in  court  minutes— ropy 

recorded  with  county  recorder— Lejral  notice. 

SEC.  8.  The  district  judge  shall  file  in  the  office  of  the  county  clerk  all 
papers  presented  before  him,  or  copies  thereof,  in  the  matter  of  the  adoption 
of  any  child,  and  shall  cause  the  order  of  adoption  to  be  entered  in  the  min- 
utes of  the  district  court  of  the  county  where  the  proceeding  is  had,  and  a 
certified  copy  of  such  minute  entry  to  be  filed  and  recorded  in  the  office  of 
the  county  recorder  of  said  county,  and  such  records  shall  be  notice  to  the 
world  of  such  adoption  of  the  child. 

5888.     \\hen    illegitimate   child  deemed  adopted  by  conduct  of  father— 
Effect— Acknowledged  by  father  becomes  legitimate  from  birth. 
SEC.  9.     The  father  of  an  illegitimate  child,  by  publicly  acknowledging  it 
as  his  own,  or  receiving  it  as  such,  with  the  consent  of  his  wife,  if  he  is  mar- 
ried, into  his  family,  or  otherwise  treating  it  as  his  legitimate  child,  thereby 
adopts  it  as  such;  and  such  child  shall,  thereupon  and  thenceforth,  be  deemed, 
for  all  purposes,  legitimate  from  the  time  of  its  birth.     The  provisions  of  the 
foregoing  sections  of  this  act  do  not  apply  to  such  an  adoption,  except  as 
specified  in  section  4  of  this  act. 
sec,  til  17. 

5884.  Shall  not  apply  to  Mongolians. 

SEC.  10.  The  provisions  of  this  act  shall  not  apply  to  any  Mongolian, 
either  as  the  adopting  or  adopted  party. 

CHANGING  NAMES  OF  PERSONS 

An  Act  in  relation  to  changing  the  names  of  individuals. 

Approved  February  10.  1869,  60 

5885.  Name,  how  may  be  changed— Verified  petition  filed  with  clerk  of 

court. 

SECTION  1.  Any  person  desiring  to  have  his  or  her  name  changed,  may 
file  with  the  clerk  of  the  district  court,  of  the  district  in  which  he  or  she 
may  reside,  a  petition,  verified  by  his  or  her  path,  addressed  to  said  court, 
stating  his  or  her  present  name,  the  name  which  he  or  she  desires  to  bear  in 
future,  and  the  reason  for  desiring  said  change. 

Change  of  name  of  female  in  divorce  proceeding,  section  5844. 

5836.  Idem— Notice  published. 

SEC.  2.  Upon  the  filing  of  said  petition  the  applicant  shall  make  out  and 
procure  to  be  published  in  some  newspaper  of  general  circulation  in  the 
county,  for  the  period  of  thirty  days,  a  notice,  stating  the  fact  of  the  filing 
of  the  petition,  its  object,  his  or  her  present  name,  and  the  name  which  he 
or  she  desires  to  bear  in  future. 

5837.  Court  to  make  order,  when— Objections  determined— Recorded  as 

judgment. 

SEC.  3.     If,  within  ten  days  after  the  expiration  of  the  thirty  days,  no 


Sec.  5838  CIVIL  PRACTICE  1700 

written  objection  shall  be  filed  with  said  clerk,  upon  proof  of  the  filing  of  the 
petition  and  publication  of  notice,  as  required  in  section  2,  and  upon  being 
satisfied  by  the  statements  in  the  petition,  or  by  other  evidence,  that  good 
reason  exists  therefor,  the  said  court  shall  make  an  order,  changing  the 
name  of  the  applicant  as  prayed  for  in  the  petition.  If,  within  said  period, 
objection  be  filed,  the  court  shall  appoint  a  day  for  hearing  the  proofs 
respectively  of  the  applicant  and  the  objection,  upon  reasonable  notice;  and 
upon  said  day  shall  hear  the  proofs,  and  grant  or  refuse  the  prayer  of  the 
petitioner,  according  as  the  proofs  shall  or  shall  not  show  satisfactory  reasons 
for  making  said  change.  Upon  the  making  of  an  order,  granting  the  prayer 
of  the  petitioner,  the  same  shall  be  recorded  as  a  judgment  of  said  court, 
and  the  name  of  the  applicant  shall  thereupon  be  as  stated  in  said  order. 

DIVORCE 

Abandonment  of  wife,  sections  6446,  6447. 

Advertising  for  divorce  business,  section  6462. 

Age  of  majority,  section  431. 

Bigamy,  sections  6456,  6457. 

Changing  names,  sections  5835,  5844. 

Children,  sections  728-766. 

Civil  practice  act,  sections  4943-5821. 

Failure  to  support  wife,  sections  6481-6483. 

Forcing  woman  to  marry,  section  6444. 

Guardians,  section  6149. 

Husband  and  wife,  sections  2155-2194. 

Incest,  section  6458. 

Marriage,  sections  2338-2357. 

Marriage  between  Caucasian  and  other  races  prohibited,  section  6514. 

An  Act  relating  to  marriage  and  divorce. 

Approved  November  28, 1861.  94 

5838.  Divorce    from    bonds    of    matrimony,       5842.  Testimony,  pleadings,  and  orders. 

how  obtained — Grounds  for  divorce.       5843.  Disposition    of    property    rights — Eule 

5839.  Nonresident  defendants  to  be  notified  where  wife  obtains  decree  on  ground 

— Court  may  make  order — Publica-  of    imprisonment     or     adultery    of 

tion — Service  of  summons — Compul-  husband — Alimony   pendente   lite — 

sory  process  may  issue,  when.  Procedure — Orders. 

5840.  Disposition    of    children    pending   pro-  5844.  Effect  of  divorce—Contract   dissolved 

ceedings   and  upon   divorce — Judge  as  to  both  parties — Female's  name 

may    order    production    of    child —  may  be  changed. 

Orders,  how  enforced.  5845.  Jury  trial. 

5841.  Disposition    of    property — What    con- 

siderations determine  —  Effect  of 
decree  on  matters  not  specifically 
mentioned — Preliminary  restraining 
orders. 

[Sections  1-21,  relating  to  marriage,  will  be  found  under  that  head,  sees.  2338-2357.] 

5888.    Divorce  from  bonds  of  matrimony,  how  obtained— Grounds  for 
divorce. 

SEC.  22.  Divorce  from  the  bonds  of  matrimony  may  be  obtained,  by  com- 
plaint under  oath,  to  the  district  court  of  the  county  in  which  the  cause 
therefor  shall  have  accrued,  or  in  which  the  defendant  shall  reside  or  be 
found,  or  in  which  the  plaintiff  shall  reside,  if  the  latter  be  either  the  county 
in  which  the  parties  last  cohabited,  or  in  which  the  plaintiff  shall  have  resided 
six  months  before  suit  be  brought,  for  the  following  causes: 

First— Impotency  at  the  time  of  the  marriage  continuing  to  the  time  of 
the  divorce. 

Second — Adultery,  since  the  marriage,  remaining  unforgiven. 

Third— Wilful  desertion,  at  any  time,  of  either  party  by  the  other,  for  the 
period  of  one  year. 


1701 


CIVIL  PRACTICE 


Sec.  5888 


Fourth—  Conviction  of  felony  or  infamous  crime. 

Fifth—  Habitual  gross  drunkenness,  contracted  since  marriage  of  either 
party,  which  shall  incapacitate  such  party  from  contributing  his  or  her  share 
to  the  support  of  the  family. 

Sixth—  Extreme  cruelty  in  either  party. 

Seventh—  Neglect  of  the  husband,  for  the  period  of  one  year,  to  provide 
the  common  necessaries  of  life,  when  such  neglect  is  not  the  result  of  poverty 
on  the  part  of  the  husband,  which  he  could  not  avoid  by  ordinary  industry. 
As  amended,  Stats.  1875,  63. 

Kerr,  Civ.  C.,  92-107. 

For  sections  relating  to  annulment  of  void  marriage,  see  sees.  2&~vl  •_):>"»7. 

<  ited,  Sheckles  v.  Sheckles,  3  Nev.  407.  which  the  husband  may  be  the  complaining 

The  acts  or  character  of  treatment  which  party,  and  in  such  cases  it  affords  him  the 
will  amount  to  extreme  cruelty  sufficient  to 
(institute  a  ground  of  divorce  must  in  a 
Lireat  measure  depend  on  the  character  of 
the  respective  parties,  and  the  peculiar  cir- 
.  -umstam  -es  of  each  case.  Keed  v.  Beed,  4 
Xev.  395. 

There  may  be  extreme  cruelty  without  the 
slightest  violence;  if  it  appear  probable 
that  the  life  of  one  of  the  parties  will  be 


rendered  miserable  by  any  character  of  mis 
••onduct  upon  the  part  of  the  other,  although 
no  person;)  1  violence  be  apprehended,  a 
separation  should  be  decreed.  Idem. 

A  mere  act  of  violence,  where  there  is  no 
apprehension  of  its  repetition,  and  whi.-h 
is  the  result  of  rashness  rather  than  malig 


same  relief  it  extends  to  a  complaining 
wife.  Idem. 

Evidence  held  sufficient  to  constitute  a 
cause  of  action  for  divorce  on  the  ground 
Of  extreme  cruelty  (Belknap,  J.,  dissenting). 
Gardner  v.  Gardner,  23  Nev.  207  (45  P.  139). 

I  n  an  action  for  divorce  on  the  ground  of 
extreme  cruelty,  the  evidence  is  not  neces- 
sarily to  be  limited  to  the  particular  facts 
charged,  but  evidence  of  other  facts 
whether  before  or  after  suit  brought,  which 
•M-r\  es  to  give  character  to  the  acts  of 
cruelty  alleged  and  proved,  is  admissible. 

Idem. 

The  admission  of  incompetent  evidence  in 
a  divorce  suit  is  not  ground  for  reversal 


nitv,   does   not   furnish  a  ground   of  divorce       where    it    appears    that   the    finding    of    the 
for    extreme   cruelty,   because   this   relief   is 
not    granted   to    punish    the  party   guilty   of 
misconduct,  but  to  relieve  the   other  party 
from  future  suffering  or  violence.     Idem. 

A  divorce  will  not  be  granted  on  the 
-round  of  extreme  cruelty  where  it  appears 
that  the  complaining  party  has  wilfully  pro- 
voked the  violence  or  misconduct  com- 
plained of,  unless  such  violence  greatly 
exceeds  the  provocation.  Idem. 

In  an  action  for  divorce  for  extreme 
cruelty,  where  nothing  is  said  in  the  plead- 
ing about  the  disposition  of  the  common 
property,  it  is  error  to  award  it  all  to  one 


court  was  not  based  thereon.     Idem. 

A  complaint,  in  an  action  by  wife  for 
divorce,  alleging  that  defendant  inhumanly 
caught  plaintiff  by  the  throat  in  an  angry 
and  threatening  manner,  and  forced  her  out 
of  the  house;  threatened  her  and  com- 
manded that  she  leave;  called  her  vile  and 
opprobrious  names,  thereby  causing  her  to 
become  weak  and  nervous,  fearful  of  suffer- 
ing bodily  injury  at  defendant's  hands  — 
sufficiently  alleged  extreme  cruelty.  Kapp 
v.  District  Court,  31  Nev.  444  (103  P.  235). 

An  attorney,  who  published  and  advertised 
a  pamphlet  to  attract  nonresidents  to  the 


of  the  parties.     Howe  v.  Howe,  4  Nev.  469.       state  to  apply  for  divorce  through  him,  will 
Where  the  decree  of  divorce  for  extreme       be  shown  leniency  and  suspended  for  only 
cruelty  in  an  action  in  which  there  was  no       eight  months  and  till  the  further  order  of 


averment  in  the  pleadings  as  to  the  common 
property,  awarded  it  all  to  the  plaintiff,  it 
was  held  that  in  so  far  as  it  purported  to 
make  disposition  of  or  direction  concerning 
such  property,  it  should  be  reversed,  and  the 
cause  remanded  for  amendment  of  the 
pleadings  and  for  further  proceedings.  Idem. 
The  element  of  danger  to  life,  limb  or 
health,  or  the  reasonable  apprehension  of 
such  danger,  must  exist  in  order  to  consti- 
tute legal  cruelty.  There  may,  however,  oe 


the  court,  he  having  discontinued  the  adver- 
tising when  his  attention  was  called  to  his 
methods  being  condemned  by  the  bar  asso- 
ciation, and  his  being  the  first  case  of  the 
character  brought  to  the  attention  of  the 
court.  In  re  Schnitzer,  33  Nev.  —  (1.12  P. 
848,  851). 

For  an  attorney  to  publish  and  advertise 
a  pamphlet,  the  purpose  of  which  is  to 
attract  nonresidents  to  the  state  to  apply 
to  its  courts  for  divorce,  through  his  agency 


•ruelty  without  personal  violence,  and  such       as  an  attorney,  that  he  may  profit  financially 


cruelty  working  upon  the  mind  may  affect 
the  health.  Kelly  v.  Kelly,  18  Nev.  49  (51 
A.  R.  732,  1  P.  194). 

False  accusations,  by  the  wife,  of  marital 
infidelity  on  the  part  of  the  husband,  may 
in  certain  cases  constitute  such  extreme 
cruelty  as  to  entitle  the  husband  to  a 
divorce.  The  statute  contemplates  cases  in 


thereby,  is   "misconduct"   within   the   mean 
ing    of    the    law    providing    for    removal    or 
suspension  of  attorneys.     Idem. 

For  further  cases  of  misconduct  of  attor- 
neys, and  suspension  therefor,  see  sec.  .Ill, 
ante. 

See  application  of  Eeno  Bar  Association 
for  disbarment  of  Robert  Scoutar,  34  Nev.  —  . 


Sec.  5839  CIVIL  PRACTICE  1702 

5839.  Nonresident  defendants  to  be  notified— Court  may  make  order- 

Publication— Service  of  summons— Compulsory  process  may  issue, 
when. 

SEC.  23.  If  the  defendant  is  not  a  resident  of  the  territory,  or  cannot,  for 
any  cause,  be  personally  summoned,  the  court,  or  judge,  in  vacation,  may 
order  notice  of  the  pendency  of  the  suit  to  be  given  in  such  manner,  and 
during  such  time,  as  shall  appear  most  likely  to  convey  a  knowledge  thereof 
to  the  defendant,  without  undue  expense  or  delay;  and  if  no  such  order  be 
made,  it  shall  be  sufficient  to  publish  such  notice  in  a  weekly  newspaper, 
printed  in,  or  nearest  to,  the  county  in  which  the  suit  is  pending,  three  months 
in  succession;  and  if  the  defendant  fail  to  appear  and  make  defense,  at  the 
first  term  after  such  notice,  or  after  thirty  days'  personal  service  of  summons, 
the  evidence  may  be  heard,  and  the  cause  decided,  at  that  term;  or  compul- 
sory process  may  be  had  to  obtain  an  appearance,  or  answer,  if  it  be  neces- 
sary to  the  disposition  of  property,  or  of  children. 

Kerr,  Civ.  C.,  130. 

See  Residence,  sees.  3609-3616. 

Summons,  service  of,  as  provided  in  civil  practice  act,  see  sees.  5016-5034. 

Cited,  Wuest  v.  Wuest,  17  Nev.  217  (30  P.  886). 

5840.  Disposition  of  children  pending  proceedings  and  upon  divorce- 

Judge  may  order  production  of  child— Orders,  how  enforced. 

SEC.  24.  The  court,  in  granting  a  divorce,  shall  make  such  disposition  of, 
and  provision  for,  the  children,  as  shall  appear  most  expedient  under  all  the 
circumstances,  and  most  for  the  present  comfort  and  future  well-being  of 
such  children;  and  when,  at  the  commencement,  or  during  the  pendency,  of 
the  suit,  it  shall  be  made  to  appear  to  the  court,  or  to  the  judge,  in  vacation, 
that  any  child  of  the  wife,  whether  she  be  plaintiff  or  defendant,  which  is 
too  young  to  dispense  with  the  care  of  its  mother,  or  other  female,  has  been 
or  is  likely  to  be,  taken  or  detained  from  her,  or  that  any  child  of  either 
party,  has  been,  or  is  likely  to  be  taken,  or  removed,  by,  or  at  the  instance  of, 
the  other  party,  out  of  the  country,  or  concealed  within  the  same,  it  shall  be 
the  duty  of  the  court,  or  of  such  judge  in  vacation,  forthwith  to  order  such 
child  to  be  produced  before  him,  and  then  to  make  such  disposition  of  the 
same,  during  the  pendency  of  the  suit,  as  shall  appear  most  advantageous  to 
such  child,  and  most  likely  to  secure  to  it  the  benefit  of  the  final  order  to  be 
made  in  its  behalf;  and  all  such  orders  may  be  enforced,  and  made  effectual, 
by  attachment,  commitment,  and  requiring  security  for  obedience  thereto,  or 
by  other  means,  according  to  the  usages  of  courts,  and  to  the  circumstances 
of  the  case;  provided,  the  court,  upon  good  cause  shown,  may  change  the 
custody  of  such  minor  children,  if  they  should  be  satisfied  that  such  change 
will  be  for  the  welfare  of  such  children. 

Kerr,  Civ.  C.,  138. 

A  complaint  praying  for  divorce  and  that  practice.     Kapp   v.  District   Court,   32    Xc\  . 

the   defendant    be   awarded   custody   of   the  264  (107  P.  95). 

children    and    for    such    other    and    further  Execution  will  not  ordinarily  issue  except 

relief  as  may  seem  just  and  equitable,  does  to  enforce  a  final  judgment.     Idem, 

not    authorize    award    of    custody     of    the  As    execution    ordinarily    issues    only    to 

children    to    plaintiff    and   payments   to    her  enforce    a    final   judgment,    an   interlocutory 

by   defendant   for   support    of   plaintiff   and  order  for  alimony  pendente  lite  will  not  be 

the  children.     Mitchell  v.  Mitchell,  28  Nev.  so   enforced   except  where   special   statutory 

110,  125  (79  P.  50).  provision  warrants  it.     Idem. 

The  method  of  proceeding  by  a  petition  Section  27  of  the  act  relating  to  marriage 
or  complaint  reciting  an  order  for  alimony  and  divorce  provides  for  the  enforcement  of 
pendente  lite,  its  nonpayment,  the  amount  orders  for  alimony  pendente  lite  as  is  pro- 
accrued  and  unpaid,  and  defendant's  refusal  vided  in  section  24,  which  provides  for 
to  pay,  and  praying  for  judgment  that  plain-  enforcing  orders  by  attachment,  comm it- 
tiff  have  execution  against  defendant's  prop-  ment,  and  requiring  security,  "or  by  other 
erty  subject  thereto,  is  substantially  a  writ  means,  according  to  the  usages  of  the 
of  scire  facias,  unknown  to  the  Nevada  courts."  Held,  that  the  words  quoted  do  not 


1703  CIVIL  PRACTICE  Sec.  5843 

autliori/.e   an    onler   that    execution   issue   to  not  mentioning  specific  property,  cannot  be 

enforce   an    interlocutory   order,   as   enforce-  supported    on    the    theory    that    it    directs 

nu'iit    of   such    orders  to   pay   money   is   not  application  of  specific  property  of  defendant 

according  to  such  usage.     Idem.  to   such   object,  and  if   execution  were  per- 

An    order    or    judgment    for    execution    to  mitted  to  issue,  it  would  be  left  entirely  with 

en force   payment    of   alimony   pendente  lite,  the    sheriff   under    the    law    governing    such 

cases.       Idem. 

5841.  Disposition  of  property,  what  considerations  determine— Effect  of 

decree   on    matters    not    specifically    mentioned  --  Preliminary 

restraining  orders. 

SEC.  25.  In  granting  a  divorce,  the  court  shall  also  make  such  disposition 
of  the  property  of  the  parties  as  shall  appear  just  and  equitable,  having 
regard  to  the  respective  merits  of  the  parties,  and  to  the  condition  in  which 
they  will  be  left  by  such  divorce,  and  to  the  party  through  whom  the  prop- 
erty was  acquired,  and  to  the  burdens  imposed  upon  it,  for  the  benefit  of  the 
children.  And  all  property  and  pecuniary  rights  and  interests,  and  all  rights 
touching  the  children,  their  custody  and  guardianship,  not  otherwise  disposed 
of  or  regulated  by  the  order  of  the  court,  shall,  by  such  divorce,  be  divested 
out  of  the  guilty  party,  and  vested  in  the  party  at  whose  instance  the  divorce 
was  granted.  And  if  after  the  filing  of  the  petition,  it  shall  be  made  to 
appear  probable  to  the  court  or  the  judge,  in  vacation,  that  either  party  is 
about  to  do  any  act  that  would  defeat  or  render  less  effectual  any  order  which 
the  court  might  ultimately  make  concerning  property  or  pecuniary  interests, 
an  order  shall  be  made  for  the  prevention  thereof,  to  be  enforced  as  such  pre- 
liminary orders  are  enforced  respecting  children. 

KCIT,  Civ.  ('.,  i:5s. 

sec.  iM<ii;. 

Cih-d,  \Viu-st  v.Wuest,  17  Nev.217  c;<>  P.886). 
S<-.-  Lake  \.  I'.nidrr.  and   I  >anv!it>rr^iT  v.  Ihuipt.  under  SIT.  '11  of  this  act. 

5842.  Testimony,  pleadings,  and  orders. 

SEC.  26.  The  testimony  of  witnesses  in  suits  for  divorce,  shall  be  given 
orally  in  court,  with  the  right  to  either  party  to  take  and  use  depositions,  on 
the  same  terms  and  in  the  same  manner  as  in  actions  at  law;  and  the  pro- 
ceedings, pleadings,  and  practice,  shall  conform  to  those  at  law,  as  nearly  as 
conveniently  may  be,  but  all  preliminary  and  final  orders  may  be  in  such  form 
as  will  best  effect  the  object  of  this  act,  and  produce  substantial  justice. 

5843.  Disposition  of  property  rights— Rule  when  wife  obtains  decree  on 

ground  of  imprisonment  or  adultery  of  husband— Alimony  pen- 
dente lite— Procedure— Orders. 

SEC.  27.  When  the  marriage  shall  be  dissolved  by  the  husband  being  sen- 
tenced to  imprisonment,  and  when  a  divorce  shall  be  ordered  for  the  cause 
of  adultery  committed  by  the  husband,  the  wife  shall  be  entitled  to  the  same 
proportion  of  his  lands  and  property  as  if  he  were  dead;  but  in  other  cases 
the  court  may  set  apart  such  portion  for  her  support,  and  the  support  of  their 
children,  as  shall  be  deemed  just  and  equitable.  In  any  suit  for  divorce  now 
pending,  or  which  may  hereafter  be  commenced,  the  court  or  judge  may,  in 
its  discretion,  upon  application,  of  which  due  notice  shall  have  been  given  to 
the  husband,  or  his  attorney,  at  any  time  after  the  filing  of  the  complaint, 
require  the  husband  to  pay  such  sums  as  may  be  necessary  to  enable  the  wife 
to  carry  on  or  defend  such  suit,  and  for  her  support  and  the  support  of  the 
children  of  the  parties  during  the  pendency  of  such  suit;  and  the  court  or 
judge  may  direct  the  application  of  specific  property  of  the  husband  to  such 
object,  and  may  also  direct  the  payment  to  the  wife  for  such  purpose  of  any 
sum  or  sums  that  may  be  due  and  owing  to  the  husband  from  any  quarter, 
and  may  enforce  all  orders  made  in  this  behalf,  as  is  provided  in  section  24 
of  this  act.  As  amended,  Stats.  1865,  99. 

Kcrr,  Civ.  C.,  137,  139,  14«. 
See  sec.  2166. 


Sec.  5844 


CIVIL  PRACTICE 


1704 


The  court  cannot  make  an  order  for  the 
payment  of  past  expenses  after  the  suit 
has  been  finally  decided  against  the  wife, 
although  the  motion  was  made  before  the 
decision  of  the  case.  Wilde  v.  Wilde,  2 
Nev.  306,  307. 

When  an  allowance  is  made  to  a  wife  for 
expenses  of  procuring  attendance  of  wit- 
nesses in  one  district,  and  the  case  is  after- 
wards removed  to  another  district,  where 
all  witnesses  reside,  it  would  be  proper  for 
the  judge  of  the  latter  district  to  review 
the  allowance  made,  and  modify  it  accord- 
ing to  his  views  of  the  necessary  costs  in 
his  district.  Sheckles  v.  Sheckles,  3  Nev. 
404. 

See  Howe  v.  Howe,  under  sec.  22  of  this 
act. 

The  rights  of  husband  and  wife  to  prop- 
erty acquired  before  the  adoption  of  the 
state  constitution  and  before  the  passage 
by  the  legislature  of  any  statute  providing 
for  the  separate  or  common  property  of 
husband  and  wife,  must  be  governed  by  the 
rules  of  the  common  law.  Darrenberger  v. 
Haupt,  10  Nev.  43,  46,  47. 

It  was  the  intention  of  the  legislature 
that  in  case  of  a  divorce  for  the  miscon- 
duct of  the  husband  other  than  imprison- 
ment or  adultery,  his  individual  or  sole 
property  is  subject  to  the  order  of  the 
court.  Idem. 

In  an  action  for  divorce,  the  notice  of 
application  for  the  allowance  of  counsel  fees 
must  be  served  upon  the  attorney,  if  there 
is  one,  instead  of  the  party.  Lake  v.  Lake, 
16  Nev.  363,  366. 

The  power  of  the  court  to  make  an  allow- 
ance of  counsel  fees,  while  the  cause  is 
pending,  is  incident  to  divorce  suits,  and 
may  be  made  as  often  as  the  circumstances 
may  require.  Idem. 

Where  the  wife  obtained  a  decree  of 
divorce  and  the  court  adjudged  a  large 
estate,  claimed  by  her  as  community  prop- 
erty, to  be  the  separate  property  of  the 
husband  and  awarded  it  all  to  him,  it  was 
held  that  the  court  was  justified  in  making 
an  allowance  of  counsel  fees  to  enable  her 
to  proceed  further  and  contest  the  question 
relating  to  the  property,  it  appearing  that 
such  proceedings  were  contemplated  in  good 
faith.  Idem. 

Where  the  husband  appeals  from  an  order 
of  the  district  court  allowing  counsel  fees 

has  the 


to  the  wife  so  as  to  enable  her  to  appear, 
by  counsel,  in  the  supreme  court  upon  such 
appeal.  Idem. 

See  Kapp  v.  District  Court,  under  sec.  22 
of  this  act. 

The  court  has  power  to  award  without 
abusing  its  discretion  all  of  the  property  of 
the  husband  to  the  wife,  and  require  him  to 
pay  twenty  dollars  per  month  for  the  sup- 
port of  an  infant  child.  Wuest  v.  Wuest,  17 
Nev.  218  (30  P.  886). 

Having  awarded  all  the  property  of  the 
husband  to  the  wife,  it  was  held  that  the 
court  erred  in  ordering  the  husband  to  pay 
counsel  fees  to  the  attorney  for  the  wife. 
Idem. 

In  an  action  for  divorce  and  division  of 
community  property,  where  a  divorce  is  first 
granted  and  subsequently  the  issues  relat- 
ing to  the  property  are  determined,  the  dis- 
trict court  has  power  to  grant  a  new  trial 
of  the  issues  relating  to  the  property  rights 
alone,  provided  there  is  any  material  error 
affecting  that  branch  of  the  case  only  with- 
out ordering  a  retrial  of  all  the  issues  in  the 
case.  Lake  v.  Bender,  18  Nev.  361,  402,  403. 

Upon  granting  a  divorce  the  question  as 
to  the  amount  of  allowance  for  the  support 
of  the  wile  is  left  to  the  legal  discretion  of 
the  trial  court  and  should  not  be  interfered 
with  in  the  appellate  court,  unless  the  dis- 
cretion has  been  abused.  Idem. 

It  is  the  duty  of  the  district  court  to 
allow  such  sum  for  the  wife's  support  as  is 
just  and  equitable  under  the  circumstances 
of  the  case  and  the  surroundings  of  the 
parties.  Idem. 

In  this  case  the  allowance  by  the  district 
court  was  increased  in  the  supreme  court. 
Idem. 

An  order  increasing  alimony  pendente  lite 
is  not  appealable.  Kapp  v.  Kapp,  31  Nev. 
70  (99  P.  1077). 

See  Kapp  v.  District  Court,  under  sec.  24 
of  this  act. 

The  court  may,  where  it  has  jurisdiction, 
during  a  divorce  action,  increase  or  dimin- 
ish the  allowance  from  time  to  time  as  the 
circumstances  may  require.  Kapp  v.  Dis- 
trict Court,  31  Nev.  444  (103  P.  235). 

Where  the  court  has  jurisdiction  of  divorce 
action,  and  has  discretion  to  make  such  an 
allowance  to  the  wife  as  the  circumstances 
warrant,  pendente  lite,  the  supreme  court 
will  not  annul  such  an  order  by  writ  of 
certiorari.  Idem. 


to    the    wife,    the    supreme    court 

power  to  make  an  allowance  of  counsel  fees 

5844.    Effect  of  divorce— Contract  dissolved  as  to  both  parties— Female's 
name  may  be  changed. 

SEC.  28.  Whenever  an  order  of  divorce  from  the  bonds  of  matrimony  is 
granted  in  this  territory  by  the  court  of  competent  authority,  such  order  shall 
fully  and  completely  dissolve  the  marriage  contract  as  to  both  parties;  and 
in  all  suits  for  a  divorce  brought  by  a  female,  if  a  divorce  be  granted,  the 
court  may,  for  just  and  reasonable  cause,  change  the  name  of  such  female, 
and  shall,  in  its  order,  decree  and  appoint. 

When  a  divorce  is  granted  at  the  instance  husband's  separate  property  for  the  .supporl 

of    a    wife    against    her    husband,    on    the  of  the  wife  and  children  as  shall  be  deemed 

ground    of    extreme    cruelty,    the    court    is  just,   and  the  court,  in   a   proper   case,   has 

authorized  to  set  aside  such  portion  of  the  power  to  invest  the  wife  with  the  husband  s 


1705  CIVIL  PRACTICE  Sec,  5848 

title   to   the  property   as  one   of  the  means  duly    served    with    process    in    the    divorce 

of   securing   such   support  (Wuest  v.   Wuest,  action    and    all    his    interests    in    the    land 

17  Nrv.  I'i'l.  aflirmed).     Powell  v.  Campbell,  divested    by    the    decree    therein,    is    not    a 

I'D   Nev.  i1: Si'.  i':w.  240  (19  A.  S.  350,  2  L.  R.  necessary  party.     Idem. 

A.  til.">.  L'O  P.  156).  In  an  action  for  divorce  where  the   \\itV 

In  an  action  in  equity  the  court  will,  at  alleges    her    necessities    and    her    husband's 

the  instance  of  the  wife,  set  aside  the  deed  abilities,  and  prays  that  specific  real  prop- 

nt'    such     purchaser    and    require    the    legal  erty   be   set   apart   for   her   support,   it   was 

title  to  the  property  to  be  conveyed  to  her.  held    that    the    rule    of    lis    pendens    applies 

Mem.  nun  hist,    a    purchaser,    pendente    lite,    with 

To  such  suit  the  former  husband,  who  was  actual  knowledge  of  all  the  facts.     Idem. 

5845.    .Jury  trial. 

SEC.  29.  Either  party,  on  application  to  the  court,  may  be  entitled,  at 
such  trial,  to  have  the  issue  of  fact  involved  in  such  case  and  presented  by 
the  pleadings,  tried  by  a  jury,  in  accordance  with  the  general  rules  govern- 
ing the  trial  of  civil  actions  in  the  district  court. 

Public  may  be  excluded  from  hearing  in  certain  cases,  sec.  isi;:;. 

JOINT  DEBTORS 

Aw*  Act  concerning  the  liabilities  of  joint  debtors. 

Approved  February  15.  1866.  67 

584(>.    Joint  debtor  may  be  released— Ktfect  of  release. 

SECTION  1.  Any  one  of  two  or  more  joint  debtors,  or  parties  jointly,  or 
jointly  and  severally,  bound  by  any  contract  or  judgment,  may  be  released 
from  his,  her,  or  its  liability  upon  such  contract  or  judgment  by  the  creditor 
or  creditors,  and  such  release  shall  not  operate,  nor  be  held  to  operate,  in  law 
as  a  release  to  the  other  debtor  or  debtors  upon  such  contract  or  judgment, 
except  as  to  the  released  debtor's  proportion-  of  such  liability  or  debt,  esti- 
mated upon  the  basis  of  the  number  of  such  debtors;  but  such  release  shall 
operate  only  as  a  release  of  all  liability  of  such  debtor  to  the  creditor  in  such 
contract  or  judgment,  and  as  a  credit  upon  the  same  of  such  proportionate 
sum  as  herein  provided. 

Hoppin  v.  First  Nat.  Bank,  25  Nev.  H4. 

The  conveyance  of  one  joint  mortgageor  of  would  operate  as  a  release  of  her  proportion- 

her  interests  in  the  mortgaged  premises  to  ate  part  of  the  mortgage  debt.  Hoppin  v. 

tin-  plaintiff  in  satisfaction  of  the  mortgage  First  National  Bank, 25  Nev. 84  (56  P.  1121). 

5847.  Not  necessary  party  to  action  against  other  joint  debtors. 

SEC.  2.  It  shall  not  be  necessary  to  make  the  party  released,  as  provided 
in  the  foregoing  section,  a  party  to  any  action  upon  such  contract,  but  the 
creditor  or  creditors  aforesaid  may  pursue  the  remaining  debtors  for  the 
remaining  portion  of  such  debt,  the  same  as  though  no  such  release  had  been 
made. 

5848.  Credit  on  judgment— Eelease  from  liability. 

SEC.  3.  In  case  a  release  as  aforesaid  be  made  to  any  judgment  debtor 
by  the  judgment  creditor,  the  judge  or  justice  shall  order  the  proper  credit, 
as  aforesaid,  made  upon  such  judgment,  and  that  such  debtor  be  released 
from  liability  upon  the  same. 

POSSESSORY  ACTIONS 

Civil  practice  act,  sections  4943-5821. 

Public  lands,  page  870,  et  seq. 

Unlawful  enclosure  of  public  lands,  sections  3173-3176. 

An  Act  prescribing  the  mode  of  maintaining  and  defending  possessory  actions 

on  public  lands  in  this  state. 

Approved  March  9,  1865,  343 

5849.  Action    to    defend   possession — Not   to       5851.  Possessory  claims  to  be  surveyed  and 

affect  mining  rights.  recorded — Affidavit. 

5850.  Extent  of  claim  160  acres. 


Sec.  5849 


CIVIL  PRACTICE 


1706 


,l>s .")!>.  Land  improved  in  certain  time — Value 

of  improvements. 
5853.  Occupant  may  absent  himself — Fee  to 

be  paid — How  disposed  of. 


5854.  .Proof  of  actual  enclosure  not  required. 

5855.  All  lands   deemed  public,   exception — 

Action  for  unlawful  entry. 

5856.  Acts  repealed. 


5849.    Action  to  defend  possession— Not  to  affect  mining  rights. 

SECTION  1.  Any  person  now  legally  occupying  and  settled  upon,  or  who 
may  hereafter  occupy  or  settle  upon,  any  of  the  public  lands  in  this  state,  for 
the  purpose  of  cultivating  or  grazing  the  same,  may  commence  and  maintain 
any  action  for  interference  with,  or  injuries  done  to,  his  or  her  possession  of 
said  land,  against  any  person  or  persons  so  interfering  with  or  injuring  such 
land  or  possession;  provided,  that  if  the  lands  so  occupied  and  possessed  con- 
tain mines  of  any  of  the  precious  metals,  the  possession  or  claim  of  the  per- 
son or  persons  occupying  the  same,  for  the  purposes  aforesaid,  shall  not 
preclude  the  working  of  such  mines  by  any  person  or  persons  desiring  so  to 
do,  as  fully  and  unreservedly  as  they  might  or  could  do  had  no  possession  or 
claim  been  made  for  grazing  or  agricultural  purposes. 

What  facts  are  sufficient  to  constitute  such  boundaries,  and  diligently  proceeded,  or  dili- 
a  possession  of  public  land  as  will  maintain 
ejectment,  must,  in  a  great  measure,  depend 
upon  the  character  of  the  land,  the  locality 
and  the  object  for  which  it  is  taken  up. 
Sankey  v.  Noyes,  1  Nev.  68. 

Possession  is  prima  facie  evidence  of  title 
and  sufficient  to  maintain  ejectment,  but 
where  possession  alone  is  relied  on,  it  must 
be  an  actual  bona  fide  occupation.  Idem. 

The  mere  staking  off  of  land,  without 
occupation  or  other  acts  of  ownership,  would 
not  constitute  such  a  possession  as  would 
maintain  ejectment.  Idem. 

Until  there  is  some  decisive  act  to  show 
an  ouster  or  adverse  possession,  the  posses- 
sion of  one  joint  tenant,  or  tenant  in  com- 
mon, inures  to  the  benefit  of  all.  Van  Val- 
kenburg  v.  Huff,  1  Nev.  142. 

Facts  held  to  constitute  possession.  Brown 
v.  Roberts,  1  Nev.  462. 

Cited,  Whitman  M.  Co.  v.  Baker,  3  Nev. 
392,  393;  Rivers  v.Burbank,  13  Nev.  399,409. 

A  title  to  public  land,  not  surveyed  or 
brought  into  market  by  government,  suffi- 
cient to  maintain  'ejectment  may  be  acquired 
only  in  one  of  two  ways;  either  by  com- 
pliance with  the  requirements  of  this  statute, 
or  by  actual  possession  or  occupation  of 
such 'land.  Staininger  v.  Andrews,  4  Nev. 
59,  66. 

A  settler  on  public  land  is  entitled  to  a 
reasonable  time  after  his  location  to  enclose 
it,  or  to  make  such  improvements  as  may  be 
necessary  to  its  enjoyment;  and  during  such 
time  he  will  be  protected  precisely  the  same 
as  if  he  had  perfected  by  possession,  by 
enclosure,  or  otherwise.  Idem. 

A  settler  on  public  land,  if  ousted  after 
the  lapse  of  a  reasonable  time  within  which 
to  improve  it,  can  recover  against  the  person 
in  possession  only  by  showing  an  actual, 
notorious  prior  possession.  Idem. 

Actual  possession  of  land  is  the  purpose 
"to  enjoy  the  same,  united  with  or  mani- 
fested by  such  visible  acts,  improvements 
or  enclosures  as  will  give  to  the  locator  the 


gently  made  preparations,  to  do  such  acts 
as  were  necessary  to  Constitute  an  actual 
possession,  will  be  entitled,  even  without 
showing  an  actual  possession,  to  recover 
against  a  person  subsequently  entering. 
Idem. 

The  question  as  to  whether  a  settler  on 
public  land  has  proceeded  with  reasonable 
diligence  to  follow  up  his  location  with  the 
necessary  improvements,  so  as  to  recover 
against  a  subsequent  possessor,  is  a  question 
of  fact  for  the  jury.  Idem. 

In  an  action  to  determine  an  adverse  claim 
to  land  lying  on  both  sides  of  a  river,  the 
refusal  of  an  instruction  asked  by  defend- 
ant "that,  if  they  found  from  the  evidence 
that  plaintiff  had  shown  a  right  only  to  that 
portion  of  the  land  on  the  north  side  of  the 
river,  he  was  not  entitled  to  recover 


with 


absolute    and     exclusive    enjoyment     of     it. 
Idem. 

A   locator    upon    public    land,    who    shows 
that  he  first  entered  upon  it,  marked  out  the 


respect  to  that  located  on  the  south  side," 
was  held  error.  Van  Vliet  v.  Olin,  4  Nev. 
95,  97  (97  A.  D.  513). 

Facts  held  an  insufficient  showing  to  main- 
tain ejectment.  Kraft  v.  Carlow,  9  Nev.  20, 
22;  Courtney  v.  Turner,  12  Nev.  345,  348. 

Where  possession  is  relied  upon  to  main- 
tain ejectment,  it  must  be  an  actual  bona 
fide  possession,  a  subjection  to  the  will  and 
dominion  of  a  claimant,  as  distinguished 
from  the  mere  assertion  of  title  and  the 
exercise  of  occasional  acts  of  ownership. 
Idem. 

Actual  possession  of  land — Acts  necessary 
to  constitute  possession — Natural  boundaries. 
Eureka  Con.  M.  &  S.  Co.  v.  Way,  11  Nev. 
171;  Lechler  v.  Chapin,  12  Nev.  65. 

When  agricultural  land  need  not  be  fenced. 
Courtney  v.  Turner,  12  Nev.  345. 

Evidence  held  wholly  insufficient  to  create 
any  possessory  right  to  land.  Rivers  v.  Bur- 
bank,  13  Nev.  399,  409. 

When  no  better  right  than  possession  is 
shown,  he  who  is  prior  in  time  is  prior  in 
right.  Brown  v.  Killabrew,  21  Nev.  437  (33 
P.  865). 

One  who  has  purchased  and  received  a 
conveyance  of  the  improvements  and  posses 
sory  right  of  a  settler  on  unsurveyed  public 
lands,  is  entitled  to  recover  in  ejectment 
against  one  who  entered  by  his  permission 


1707  CIVIL  PRACTICE  Sec,  5858 

ami  afterwards  refused  to  surrender  posses-  Winn,  17  Nev.  188;  Niekals  v.  Bird,  17  Nev. 

sien.     Idem.  195. 

A.  :u:il   possession  of  land  consists  in  sub-  Prior    possession — Question     of    fact.     In 

jc<  tiiii;    it   to   tin-   will  and  dominion   of  the  eject  .incut   for  land,  on  the  ground  of  prior 

occupant,   and    must   be  evidenced  by  those  possession,   if  there   is  some   evidence  tend- 

thin^s    which    are   essential   to   its    beneficial  in.ii  to  prove  acts  of  appropriate  domain,  its 

The    law    requires   that    the    extent    of  sutliciency  is  a  question  of  fact  for  the  jury, 

the  claim  should  be  clearly  defined,  and  that  and  not  one  of  law  for  the  court  to  decide. 

the  possession  should  be  open,  notorious  and  Sharon   v.  Davidson,  4  Nev.  41(5. 
continuous.      Robinson  v.  Imp.  M.  ('.>  .  ~>  N"ev.  Insufficiency  of  evidence — Nonsuit — Error 

44;  Rogers  v.  Cooney,  7  Xev.  L'l:'..  to   ^rant    it'   there   is  some   evidence   tending 

Possession    of    land — When    enclosure    not  to   show   possession.     Idem. 

iry.      Hamburg  M.  Co.  v.  Stephenson,  Possession     to     maintain     trespass     quare 

17  Nrv.  4  I- '.'    .'.ii  P.  1088).  claiisum  freoit.     It  was  formerly  held  neces- 

I'rior  possession  ot'  land  by  the  plaintilV,  sary  for  the  plaintiff  to  establish  an  actual 
and  ouster  by  the  defendant,  makes  a  prima  possession  of  the  locus  in  quo;  but  under 
facie  case  for  plaintiff,  and  throws  the  bur-  more  modern  decisions  a  constructive  posses- 
den  of  proof  on  defendant  to  show  that  he  sion  is  held  sufficient.  Courchaine  v.  Bui- 
ha-  some  superior  ri-ht.  M  «•  Fa  rla  nd  v.  ( 'ul-  lion  Co.,  4  Xev.  ;:<i«). 
brrtson.  L'  Xev.  i>n.  .  Ri^ht  of  possession  in  defendant — Kijjht 

What    parties    must    show.      Idem,  of     preemptor    of    L;O\  ernment    land — Kecoi;- 

I'reemption     claim     under     Tinted     States  ni/ed      preemption      rights — Effect     of     land 

laws — When     cannot     be     made.      Nickals     v.  oflice     decision  —  Preemption      rights     relate 

back    to    first    steps.      Idem. 

5850.  Kxtent  of  claim  UJO  acres. 

SEC.  2.  Every  such  claim,  to  entitle  the  holder  to  maintain  any  action  as 
aforesaid,  shall  not  contain  more  than  one  hundred  and  sixty  acres,  and  the 
same  shall  be  surveyed  and  marked  by  metes  and  bounds,  so  that  the  bound- 
aries may  be  readily  traced  and  the  extent  of  such  claim  easily  known;  and 
no  person  shall  be  entitled  to  maintain  any  such  action  for  possession  of,  or 
injury  to,  any  claim,  unless  he  or  she  occupy  the  same,  and  shall  have  com- 
plied with  the  provisions  of  the  third  and  fourth  sections  of  this  act. 

5851.  Possessory  churns  surveyed  and  recorded— Affidavit. 

SEC.  3.  Any  person  claiming  any  of  the  public  lands  in  this  state  shall 
have  the  same  surveyed  by  the  county  surveyor  of  the  county  in  which  said 
lands  are  situated,  and  shall  have  the  plot  of  such  survey  duly  certified  to 
by  said  surveyor,  recorded  in  the  office  of  the  county  recorder,  and  shall  take 
and  subscribe  his  or  her  affidavit  that  he  or  she  has  taken  no  other  claim 
under  this  act,  and  that,  to  the  best  of  his  or  her  knowledge  and  belief,  the 
said  lands  are  not  claimed  under  any  existing  title. 

5852.  Land  improved  in  certain  time— Value  of  improvements. 

SEC.  4.  Within  ninety  days  after  the  date  of  said  record,  the  party  record- 
ing is  hereby  required  to  improve  the  lands  thus  recorded  to  the  value  of  two 
hundred  dollars,  by  putting  such  improvements  thereon  as  shall  partake  of 
the  realty,  unless  such  improvements  shall  have  been  made  prior  to  the 
application  for  survey  and  record,  according  to  section  3  of  this  act. 

5853.  Occupant  may  absent  himself— Fee  to  be  paid— How  disposed  of. 

SEC.  5.  At  any  time  after  the  provisions  of  the  second,  third  and  fourth 
sections  of  this  act  shall  have  been  complied  with,  the  party  so  complying 
shall  be  permitted  to  absent  himself  or  herself  from  such  claim,  without 
being  required  to  occupy  the  same,  for  a  period  of  not  more  than  twelve 
months;  provided,  the  person  so  wishing  to  absent  himself  or  herself  shall 
first  pay  to  the  treasurer  of  the  county  in  which  said  claim  shall  be  situated, 
the  sum  of  fifteen  dollars,  in  gold  or  silver  coin,  upon  which  payment  the 
treasurer  shall  issue  a  receipt  for  the  same.  At  any  time  within  twelve 
months  after  the  date  thereof,  such  receipt  shall  be  received  as  prima  facie 
evidence  of  possession  in  any  court  having  jurisdiction  in  such  cases.  Any 
person  absenting  himself  or  herself  from  said  claim  for  a  longer  period  than 
sixty  days,  without  first  paying  the  sum  provided  in  this  section,  shall  for- 


Sec.  5854  CIVIL  PRACTICE  1708 

ever  forfeit  his  or  her  claim  to  the  lands.  One-half  of  the  amount  paid  to 
any  county  treasurer,  under  the  provisions  of  this  section,  shall  be  paid  by 
said  treasurer  into  the  general  fund  of  such  county,  and  the  balance  into  the 
state  treasury,  whenever  making  his  regular  settlements  with  the  state  treas- 
urer. The  state  treasurer  shall  set  apart  and  retain  all  moneys  received  from 
such  source  as  a  special  fund,  which  may  hereafter  be  appropriated  by  law 
for  the  maintenance  and  protection  of  the  insane. 

5854.  Proof  of  actual  enclosure  not  required. 

SEC.  6.  On  the  trial  of  any  such  causes,  the  possession  or  possessory  right 
of  the  plaintiff,  shall  be  considered  as  extending  to  the  boundaries  embraced 
in  such  survey,  so  as  to  enable  him  or  her,  according  to  section  3  of  this  act, 
to  have  and  maintain  any  action  as  aforesaid,  without  being  compelled  to 
prove  an  actual  in  closure. 

5855.  All  lands  deemed  public— Exception— Action  for  unlawful  entry. 

SEC.  7.  All  lands  in  this  state  shall  be  deemed  and  regarded  as  public 
lands,  until  the  legal  title  is  known  to  have  passed  from  the  government  to 
private  individuals  or  parties.  Every  person  who  shall  have  complied  with 
the  provisions  of  this  act  shall  be  deemed  and  held  to  have  the  right  or  title 
of  possession  of  all  the  lands  embraced  within  their  survey,  not  to  exceed  one 
hundred  and  sixty  acres;  and  any  person  who  shall  thereafter,  without  the 
consent  of  the  person  so  complying,  enter  into  or  upon  said  lands  adversely, 
shall  be  deemed  and  held  guilty  of  an  unlawful  and  fraudulent  entry  thereon, 
and  may  be  removed  therefrom  by  proceedings  had  before  any  justice  of  the 
peace  of  the  township  in  which  the  lands  are  situated  (or  in  case  of  the 
absence  or  other  disability  of  such  justice,  before  any  other  justice  of  an 
adjoining  township).  Such  proceedings  may  be  commenced  and  prosecuted 
under  the  provisions  of  an  act  of  the  legislature  of  the  State  of  Nevada,  enti- 
tled "  An  act  concerning  forcible  entries  and  unlawful  detainers, "  approved 
February  sixteenth,  eighteen  hundred  and  sixty-five;  and  all  the  provisions 
contained  in  said  act  are  made  applicable  to  proceedings  under  this  act.  As 
amended,  Stats.  1869,  72. 

See  sees.  5585-5605,  5714. 

5856.  Acts  repealed. 

SEC.  8.  Sections  10  and  13  of  an  act  passed  by  the  legislative  assembly  of 
the  Territory  of  Nevada,  entitled  "An  act  to  regulate  surveys  and  survey- 
ing," approved  November  twenty-ninth,  one  thousand  eight  hundred  and 
sixty-one,  and  all  other  acts  or  parts  of  acts,  so  far  as  the  same  are  incon- 
sistent with  or  repugnant  to  the  provisions  of  this  act,  are  hereby  repealed. 

ESTATES  OF  DECEASED  PERSONS 

General  act  to  regulate  the  settlement  of  estates  of  deceased  persons,  sections  5857-6139. 

Act  supplemental  to  the  above-entitled  act,  relating  to  descent  of  estates  of  widow  and 
widower,  sections  6140-6142. 

Act  supplemental  to  act  to  regulate  the  settlement  of  estates  of  deceased  persons,  relating 
to  notices,  objections,  and  duties  of  clerk,  sections  6143,  6144. 

Act  making  wages  preferred  claims  against  estate  of  deceased  person,  section  6145. 

Act  supplemental  to  act  regulating  the  settlement  of  estates  of  deceased  persons,  authoriz- 
ing the  court  to  order  the  mortgaging  of  the  property  of  estates  by  the  executor  or  adminis- 
trator, section  6146. 

Act  providing  for  the  execution  of  conveyances  of  property  in  compliance  with  the  con- 
tracts of  deceased  persons,  sections  6147,  6148. 

Adoption  of  children,  sections  5825-5835. 

Bonds  and  undertakings  by  surety  companies,  sections  695-701. 

Community  property,  decree  to  divide,  section  2166. 


1709 


CIVIL  PRACTICE 


Sec,  5857 


Courts  and  court  officers,  sections  4828-4928. 

Guardians,  sections  6149-iiiMil. 

Guardians  in  estates  of  deceased  persons,  sec.  6190-6192. 

Homestead  to  be  set  apart  on  death  of  husband,  section  2165. 

Jurisdiction  over  estate  of  deceased  persons  in  district  court,  section  4849. 

Wills,  sections  6202-6226. 

An  Act  to  regulate  the  settlement  of  the  estates  of  deceased  persons. 

Approved  March  23.  1897.  119 


5857. 


5858. 
5859. 

5860. 


5861. 
5862. 

5864. 
5866. 

5867. 
5868. 
5869. 

5871. 
5872. 

5874. 
5875. 

5876. 
5877. 
5878. 

5879. 

5881. 
5882. 
5883. 
5884. 
5885. 

5886. 

5887. 
5888. 
5889. 

5890. 


District      court  —  Jurisdiction  —  Kesi-       5891. 

dence    of    decedent    controls — Non-       5892. 

resident  decedent.  5893. 

Wills  delivered  to  court  or  executor.          5894. 
Person    named    as    executor — Duty    to 

present  will.  r.s'.t."). 

Renunciation-   of    tnist — Petition    for 

probate — Averments — Defects,    how       .~>S!M;. 

cured. 

Liability  for  neglect.  5897. 

Who  may  petition  for  prol.ate.  5898. 

Idem — By  any  interested  person. 
Order  for  production  of  will.  5899. 

Idem — Penalty  for  refusal — Contempt. 
Petition    signed    and    filed — Notice    of 

hearing,  lm\v  given.  5900. 

Powers  of  judge  to  enforce  orders. 
(  'itation    to    heirs      Service   of. 
(Station   to   persons   named  to  execute. 
Suhpeiias  to  subscribing  witnesses.  ."•'.» »L'. 

I leai  in-  «.f  proof — Oral  testimony. 
Who   may  contest  —  Court  to  appoint      5903, 

attorney  for  minor  or  absent  heirs. 
One    witness   sufficient    it'   no   contest — 

Ex   parte  allidavit,  when  adopted. 
('ontest      ami      proceedings — Issue     of 

fact,  how  tried. 

Mem  Suli-crihing  witnesses  exam- 
ine. |-  Kxcept  ion. 
Decree  admitting  to  probate — Record. 
Kxemplified  copy  of  record — Evidence. 
Foreign  wills  admitted  to  probate,  5907. 

when.  .-,<.»(  is. 

Idem — Procedure  as  in  case  of  original 

will. 

Lost  or  destroyed  will,  how  proven.  r><)li). 

Idem — What    to    be    proved — Amount 

of  proof. 

Idem — Pending    proof     may     restrain 
.      administration.  5911. 

Letters     testamentary     to    be     issued, 

when.  o'.di'. 

Executors,      who     competent — Letters       .V.H :;. 

with  will  annexed. 
Objections    to    executors  —  Hearing  — 

Petition      for      letters      with      will       5914. 

annexed. 

Marriage  of  unmarried  women   extin- 
guishes  authority — Married  woman       5915. 

named  as  executrix  may  act. 
Executor  of  executor  cannot  act — Let-       5916. 

ters  with  will  annexed. 
Letters  testamentary  to  minors,  when 

may  issue — Joint  executors.  5917. 

Power    of    one    or    more    of    several 

executors — Absence    or    disability —       5918. 

Majority  to  control. 
Power     of     administrators    with     will       5919. 

annexed. 

108 


Appli 
Wl 


Letters  sinned  and  sealed  by  clerk. 

Form  of  letters  testamentary. 

Form  of,  with  will  annexed. 

Who  entitled  to  letters  of  administra- 
tion— Precedence. 

Idem — Males  preferred  to  females — 
Whole  blood  to  half  blood. 

Persons  equally  entitled — Court  may 
grant  to  one  or  more. 

Who  not  entitled  to  letters. 

Marriage    of    unmarried  woman   extin- 
gniflnefl  authority. 
•  lit -at ion    for   letters   by   petition — 
hat  to  state — Defects,  how  cured 
— Notice,   how   given. 

Who  may  contest — May  pray  for  let- 
ters, 

llearini;-  of  application— Order  for  let- 
ters. 

Minute  entry  of  proof  of  notice  con- 
clusive evidence. 

Letters  may  l>e  granted  to  persons  of 
lesser  right,  when. 

Proof  of  death  a  ml  of  intestacy — Value 
of  property — Witnesses. 

(  ;  ra  nt  ed  to  one  not  ent  itled  at  re<|ii«-vi 
of  others  entitled-  How  request 
made. 

Certain  persons  entitled  to  preference 
may  obtain  revocation  of  letters  to 
others. 

Idem — Procedure — Hearing — Order. 

Idem — Surviving  husband  or  wife — 
May  assert  prior  right — Revocation. 

Form  of  letters  of  administration. 

Executor     or     administrator     to     take 
oath — Form  of — Filed  and  recorded 
Certified    copies    of    records    and 
papers  have  force  of  originals. 

P.ond  to  he  given — Form  of — Judge  to 
approve — Additional  bond,  when. 

Bond  in  force  until  penalty  exhausted. 

Sureties  to  justify,  before  whom— 
When  penalty  exceeds  $2,000  sure- 
ties may  qualify  for  $500  or  more. 

Doubtful  sureties — Eeexamination  may 
be  required  —  Citation  — Additional 
surety. 

Idem — Failure  to  give  surety — Eights 
cease — New  appointee. 

Letters  testamentary  without  bond 
when  will  so  provides  —  May  be 
required  for  cause. 

Persons  interested  may  apply  for  addi- 
tional security. 

Idem  —  Investigation  —  Citation  to 
issue — How  served. 

Idem — Hearing  of  application — Addi- 
tional security  may  be  required. 


Sec.  5857 


CIVIL  PRACTICE 


1710 


5920.  Idem — Letters  revoked  for  failure  to 

comply. 

5921.  Idem  —  Pending     application  —  Court 

may  suspend  authority. 

5922.  Court    may    require    further    security 

upon  own  motion. 

5<>i):j.  Sureties    released    how — Citation    and 
hearing. 

5924.  Idem — Eeleased  sureties  not  liable  for 

subsequent  acts. 

5925.  Letters   revoked   upon   failure   to   fur- 

nish required  security. 

5926.  Special  administrator  appointed,  when 

— Purpose. 

5927.  Idem — Appointment,    how    made — Let- 

ters, how  issued. 

5928.  Idem — Who    to    have    preference— No 

appeal  from  appointment. 

5929.  Idem — Powers,  duties  and  liabilities —  -T 

Not  to  pay  claims. 

5930.  Idem — Powers    cease    on    appointment 

of  administrator — Duties. 

5931.  Idem — Duty  to  render  account. 

5932.  Special     administrator     appointed     to 

succeed  executor. 

5933.  Remaining    executor    or    administrator 

to  proceed  without  filling  vacancy. 

5934.  New  letters  to  issue  in  case  of  vacancy 

for  any  cause — Bond — Powers. 

5935.  Letters     of     administration     revoked 

upon  proof  of  will — Account  to 
render. 

5936.  Idem — Powers  of  new  administration. 

5937.  Resignation,  how  made — Account. 

5938.  Acts  done  before  revocation — Validity 

of. 

5939.  Transcript    of    record    same    force    as 

letters. 

5940.  Judge,  when  disqualified  to  act. 

5941.  Idem — Duty  to  call  other  judge  to  act 

— Retains  jurisdiction. 

5942.  Inventory,  return  of. 

5943.  Appraisement,    how    made — Compensa- 

tion of  appraisers— Inventory,  what 
to  include. 

5944.  Appraisers    to    take     oath — Appraise- 

ment, how  made — Inventory,  what 
to  contain — Separate  and  commun- 
ity property. 

5!'45.  Executor's   debt   to    decedent   not   dis- 
charged— Included  in  inventory. 

5946.  Discharge    of    debt   in    will   not    valid 

against  creditors — How  construed. 

5947.  Executor    or    administrator    to    make 

oath  to  inventory — Contents  of. 

5948.  Nonreturn     of     inventory — Cause     for 

revocation  of  letters — Liability. 

5949.  Supplemental      inventory  —  Appraise- 

ment— Enforcement. 

5950.  Right    of  'possession — Duties    in    rela- 

tion to  property. 

5951.  Personal   estate — First  chargeable  for 

debts  and  expenses — Real  estate 
may  be  sold. 

5952.  Conversion   before   letters — Liability. 

5953.  Idem — Proceedings    where    conversion 

alleged — Expenses. 

5954.  Idem — Refusing   to   answer    complaint 

— Court  may  commit — May  order 
delivery — Prima  facie  evidence — 
Witnesses. 


5955.  Person   entrusted  with  part   of   estate 

may  be  cited  to  appear — Procedure. 

5956.  Widow  or  children  may  retain  home- 

stead— Provision  for  support. 

5957.  Property  set  apart  for  use  of  family— 

Not  subject  to  administration. 

5958.  Idem — Further  allowance  for  family — 

Exempt  property  insufficient — Time 
limit  in  insolvent  estate. 

5959.  Idem    —  Allowance   —  Priority         of 

charge. 

5960.  Property  set  apart — How  apportioned 

between  widow  and  children. 

5961.  Estates  not  exceeding  $500,  when  not 

administered — How  and  to  whom 
set  apart — Affidavit. 

5962.  Property    set    apart    to    go    to    minor 

children,   when. 

5963.  Notice    of    appointment    of    executor 

published,  posted  and  filed — What 
to  specify. 

5964.  Claims   not  filed  within  three  months 

barred — Proviso. 

5965.  Claim  to  be   supported  by  affidavit — 

Form  —  Defective  affidavit,  amend- 
ment or. 

5966.  Claim    of   judge    or    executor    may   be 

filed. 

5967.  Executor  to  examine  all  claims — When 

deemed  rejected — Judge  to  approve 
— Allowance  after  time  limitation — - 
Claims  founded  on  written  instru- 
ment, how  prepared. 

5968.  Rejected  claim,  notice  of — Holder  may 

bring  suit — Time  of — Barred,  when 
— Nonresident,  notice  to. 

5969.  Claim    barred    by    statute    not    to    be 

allowed. 

5970.  Action  not  maintained  unless  on  claim 

filed. 

5971.  Vacancy  in  administration  not  counted 

in  limitation. 

5972.  Action  pending — Claim  to  be  filed  for. 

5973.  Amount     of     allowance     indorsed     on 

claim — Allowance  in  part — Action — 
Costs. 

5974.  Effect    of    judgment  —  Certified    copy 

filed — Execution   not  to  issue. 

5975.  Judgment     before  *  death  —  Execution 

not  to  issue  unless  levied  before 
death. 

5976.  Liability  for  costs. 

5977.  Claim  of  executor,  judge  to  pass  upon. 

5978.  Failure  to   give  notice  to   creditors — 

Cause  for  revocation. 

5979.  Statement  of  claims  to  be  filed,  what 

set  forth. 

5980.  Sale    of    property,    when    not    vaild — 

Options,  leases  and  bonds  on  min- 
ing property  —  Copies  filed  with 
clerk — Deeds. 

5981.  Application  for  order  of  sale  on  peti- 

tion— Objections — Hearing. 

5982.  Sale  of  perishable  property — Personal 

property  —  Procedure  —  Orders  - 
Property  bequeathed. 

5983.  Sale  of  personal  property,  how  made — 

Notice,  time  and  place. 

5984.  Idem — Notice,  how  given. 

5985.  Real  estate  may  be  sold,  when. 


1711 


CIVIL  PRACTICE 


SIT.  5857 


5986. 
5987. 

5990. 


5996. 

6000. 
8001. 
6002. 
8003. 

8004. 
6005. 
6006. 


600S. 

6010. 
6011. 

6012. 
8013. 
6014. 


6015. 
6016. 


Idem — Petition     for     order    to     sell —       6017. 
What  to  show. 

Idem — Order    to    show    cause    to    all       6018. 
interested  parties. — Time  of  hearing. 

Idem — Notice,    how     served  —  Parties 

may   assent.  6019. 

Idem — Proof  of  notice — Hearing  of 
application. 

Idem — Service  on  guardian  of  minor — 

Attorney     may     be     appointed    for       6020. 
minor,  creditors  or  heirs. 

Idem — Witness     examined  —  Process       6021. 
for. 

Idem — Order  of  sale  of  whole  or  part. 

Idem — Order    to    specify,    what — Sale, 

how       made  —  Credit      allowed  -         6022. 
I  >e vised  portion — Sale  may  be  com- 
pelled. 6023. 

Idem — Person     other     than     executor 

may  apply  for  order  of  sale — Pro-       6024. 
cedure. 

Idem — Certified  copy  of  order  fur- 
nished administrator.  -f-6025. 

I'dem — Notice  of  time  and  place  of 
sale,  how  Driven. 

Idem — Sale  to  be  made,  where,  when 
and  how — Private  sale,  restrictions 
— Reappraisement,  when. 

Idem — Confirmation  of  sale — Notice  of,      6026. 
vacated,  when — New  sale. 

Idem — Order  confirming  sale — Convey-      6027. 
a  nee — Delinquent    purchaser  —  Lia- 
bility—Now sale.  6028. 

Idem  —  Conveyances  —  What     deemed      6029. 
passed — After  acquired  title. 

Idem — Before   confirmation — Proof   of 

notice — Order  to  roc ite.  6030. 

Idem-  Postponement    of    sale — Sixtv- 

day  limit.  6031. 

Idem      Adjournment,    notice    of,    how       6032. 
given. 

Idem — Sale  to  pay  legacies. 

Idem      Payment   according  to  will.  6033. 

Idem — Order   not   required   when    sale      6034. 
authorized     by     will — Notice — Con- 
firmation. 

Idem — When  property  designated  in 
will  insufficient  —  Other  may  be 
appropriated.  6035. 

Idem — Devises  and  legacies  liable  for 

debts — When  may  be  exempted.  6036. 

Idem — Sale  of  devised  property — Con-       6037, 
tribution     by     other     devisees     and 
legatees— Court  to  decree.  6038. 

Contract  for  purchase  of  lands  may  bo 

sold — Procedure.  6039. 

Idem  —  Sale    subject    to    payments — 

Confirmation    subject   to    indemnity       6040. 
bond. 

Idem— Bond,    how    conditioned — Bond       6041. 
not  required,  when. 

Idem  —  Assignment      of      contract —       6042. 
Rights  of  purchaser. 

Sale    of    land    subject    to    lien — Pur-       6043. 
chase    money,    how    applied — Liens 
not    affected   by   statute    of   limita- 
tions pending  settlement  of  estate.       6044. 

Expenses  of  sale,  primary  charge. 

Misconduct  in-  sale,  administrator 
liable  on  bond. 


Fraudulent  sale,  administrator  liable 
on  bond — Double  damages. 

Limitation  for  action  to  recover  estate 
sold  by  executor  or  administrator — 
Three  years — Disability,  effect  of. 

Account  of  sale  to  be  made,  when — 
Penalty  for  neglect — Contempt — 
Revocation — Attachment  for  appear- 
ance. 

Executor  or  administrator  not  to  pur- 
chase. 

Executor  or  administrator  to  take  pos- 
session of  all  property — Deemed  in 
possession  for  certain  suits — Pos- 
session of  heirs  or  devisees. 

Executors  or  administrators  may  sue 
and  lie  sued  For  what. 

Idem — May  sue  for  trespass,  waste  or 
conversion. 

Executor  or  administrator  may  be 
sued  for  waste,  trespass  or  conver- 
sion committed  by  decedent. 

Surviving  partner  may  continue  in 
possession  of  partnership  property — 
Duty  to  settle  and  account — May 
be  compelled  by  attachment — May 
be  sued — Inventory  and  appraise- 
ment. 

Action  on  bond  of  former  executor  or 
administrator. 

Joinder  of  parties  —  Executors  not 
qualifying. 

Debts  and  cases  compromised,  how. 

Fraudulent  conveyance  by  decedent — 
Duty  of  executor  or  administrator 
as  to — Rights  of  creditors. 

Idem — Creditors  to  apply  for — Costs 
secured. 

Idem — Disposition  of,  when  recovered. 

Specific  performance  of  contracts  of 
decedents  —  All  interested  parties 
to  be  made  defendants. 

Idem — Effect  of  conveyance. 

Executor  or  administrator  not  liable 
out  of  own  estate  for  damages  or 
debts  of  decedents,  except  upon 
promise  in  writing  —  Statute  of 
frauds. 

Executor  or  administrator,  with  what 
chargeable  in  account. 

Not  to  profit  or  lose  unless  in  fault. 

Idem  —  Debts  uncollected  without 
fault. 

Expenses  and  compensation — Provi- 
sion in  will — May  renunciate. 

Not  to  purchase  claims  —  Charge 
amounts  actually  paid. 

Commissions  —  Additional  allowance, 
when. 

First  account  rendered — What  to  con- 
tain. 

Full  account  and  report  to  be  ren- 
dered, when. 

Citation  to  appear  on  failure  to  render 
account  —  Attachment  —  Revoca- 
tion of  letters. 

Clerk  to  give  notice  of  account  by 
posting. 


Sec,  5857 


CIVIL  PRACTICE 


1712 


6045. 
6046. 

6047, 
6048. 

6049. 
6050. 
6051. 

6052. 
6053. 

6054. 
6055. 
6056. 

6057. 
6058. 


6059. 
6060. 
6061. 

6062. 
6063. 
6064. 


6065. 
6066. 
6067. 
6068. 
6069. 
6070. 
6071. 

6072. 


6073. 
6074. 


6075. 
6076. 

6077. 
6078. 

6079. 
6080. 


Account,    who    may    contest — Hearing       6081. 
— Examination. 

Vouchers   to   be   produced — Lost,   how       6082. 
proved  —  May      be      withdrawn  — 
Examination  of  account. 
Minors,      guardians       for,       attorney 

appointed    for,    when — For    absent       6083. 
heirs,  devisees  or  legatees — Contests. 

Settlement    conclusive — Except    as    to 
persons  under  disability — Two-year 
limitation — Presumption  of  correct-       6084. 
ness. 

Proof   of  notice — Hearing  on   account 

— Order  must  show — Conclusive.  6085. 

Account  may  be  required  after  author- 
ity ceases. 

Failure  to  account,  cause   for  revoca-       6086. 
tion     of    letters — Absence    or    con- 
cealment. 6087. 

Debts,  order  of  payment. 

Preference  to  mortgages  extends  only 
to  proceeds. 

Estate  insufficient  to  pay  debts  in  full       6088. 
— Dividends — Preference. 

Funeral,  last  sickness  and  family 
expenses,  when  payable. 

Order    for    payment    to     creditors  — 

Dividends — When    account    final—        6089. 
Discharge. 

Claims  contingent,  disputed  or  not  due       6090. 
— Payment  into  court — Consent.  6091. 

Liability  of  executor  or  administrator       6092. 
to      debtors     after     settlement     of 
account — Execution  may  issue. 

Payment  of  legacies  and  distribution.       6093. 

Final  account,  when  to  be  rendered.  6094. 

Neglect  to  render  final  account — Pro- 
ceedings. 6095. 

Distribution,  when  made. 

Accounts  confirmed,  when.  6096. 

Heirs,  devisees  or  legatees  may  receive 

their    portion    of    estate    on    giving       6097. 
bond,  when. 

Idem — Notice  of  petition.  6098. 

Idem — Who  may  resist. 

Idem — Decree  of  distribution— Bond.         6099. 

Idem — Decree,  what  may  direct. 

Idem — Partition.  6100. 

Idem — Cost  of  proceedings,  how  paid. 

Idem — Contribution     to     pay     debts—       6101. 
Citation — Order— Action  on  bond. 

Petition   for   distribution   may  accom-       6102. 
pany    final    account — When     other- 
wise—  Supplementarv      account  — 
Decree.  6303. 

Form  of  decree. 

Petition  for  distribution — Notice  of — 
Service  —  Publication  of  —  Further 
notice.  6104. 

Estates  in  common — Partition.  6105. 

Idem — Petition,    who    may    file — Cita-       6106. 
tion — Hearing — Decree. 

Idem — Petition   may  be  filed,  when—      6107. 
Partition,  when  ordered.  6108. 

Idem  —  Commissioners       appointed—        6109. 
Number  of — Qualifications  and  pro- 
ceedings— Surveyor.  6110. 

Idem — When   real   estate   is   in   differ-       6ni- 
ent  counties. 

Idem — When  interest  parted  with. 


Idem — Shares,  how  set  out — Des<-ri]>- 
tion — In  common,  when. 

When  partition  cannot  be  made — May 
be   assigned   to    one — Compensation 
to      others  —  How      determined  - 
Minors. 

Idem — Value  of  property  greater  than 
either  party's  share — Commission- 
ers to  set  off — Compensation  to 
others. 

Idem — When  cannot  be  fairly  divided 
—  Sale  conducted,  how  —  Proceeds 
divided. 

Idem — Estates  in  common  with  other 
persons,  how  partitioned  —  Suit 
authorized. 

Idem — Shares  of  equal  cash  value — 
Quality  and  quantity  considered. 

Idem  —  Guardians  and  attorneys 
appointed — Minors  or  absent  heirs 
— Commissioners  to  give  notice — 
May  take  testimony. 

Idem  —  Eeport      of      commissioners  — 
Exceptions      to  —  Hearing  —  Court 
may  recommit  partition — New  com- 
missioners— Confirmation    and    <  on 
veyance. 

Advancements,  questions  of,  heard  by 
court — Right  of  appeal. 

Court  may  appoint  agent  for  absentees. 

Idem — Bond   of  agent. 

Idem — Unclaimed  estates — Sale — Pro- 
ceeds paid  to  state  treasurer — 
Receipt  for. 

Idem — Liability  of  agent. 

Idem — Amount  recovered  by  claimant 
— Proceedings. 

Decree  of  discharge  of  executor  or 
administrator. 

Subsequent  letters  may '  issue  for 
cause. 

Powers  suspended  by  order  of  court 
pending  investigation  for  cause. 

Idem — Special  administrator  may  be 
appointed — Bond — Account. 

Idem  —  Proceedings  on  suspension  — 
Revocation — New  letters. 

Idem — Who  may  appear  and  partici- 
pate in  hearing. 

Executor  absconding,  concealed  or  out 
of  state — Citation,  how  served. 

Process  to  compel  attendance  — 
Required  to  answer — Commitment — 
Revocation  of  letters. 

General  provisions — Minutes  of  pro- 
ceedings— Probate  register — Publi- 
cations, how  made — Times  may  be 
shortened. 

Personal  notice,   how  given — Citation. 

Citation,  how  served. 

Proofs  of  service  of  papers — Publica- 
tion— Affidavit — Evidence. 

Citation — Time  of  service. 

Testimony  in  other  places,  how  taken. 

Issue  of  fact,  how  tried — Costs  deter- 
mined by  court — Execution. 

Attorney  for  minors. 

Decree  setting  aside  homestead — 
Copy  recorded. 


1713 


CIVIL  PRACTICE 


Sec.  5857 


6113. 
6114 
6115. 


til  Is. 
6119. 


8121. 
6122. 
6123. 
8124. 
6125. 
8126. 


Appeal  —  What     decisions     and     orders 

may   be  appealed  from  to   supreme 

court  —  How  governed. 
Power   of   appellate   court  —  Costs,  exe- 

cution may  issue  for. 
Undertaking    on    appeal    not    required 

by  executor  or  administrator. 
Reversal  of  order  appointing  executor 

or    administrator  —  Prior    acts    valid 
—  Successor  —  Certain      proof      not 

again  required. 
Kstate   of   intestate,   descent   and   dis- 

tribution  —  When  to  escheat  to  state 

for  support  of  common  schools. 
II  legitimate     child,     inheritance     of  — 

Acknowledgment    by    father  —  Issue 

of      null      or      dissolved      marriage 

deemed    le^it  imate. 
Heirs    of    illegitimate   child. 
Degrees    of     kindred     computed  —  Rules 

of  civil   law      Kindred  of  half  blood 

—  Inherita  m-e. 
Advancement      considered     ;i      part     of 

estate    for    purposes    of    distribution. 
When     advancement      exceeds     share  — 

When  not. 
(lift-   and   grants   not    deemed   advance 

merit,   when. 
Value     of     advancement,      how     deter- 

mined. 
In    case    of   prior    death    of    recipient, 

liow   advancement    affects   heirs. 
Husband      ami      wife,      separate      prop 

erty  only  affected. 
Act    to    be    liberally    construed  —  Pro- 

ceedings    of    record  —  Attorneys    of 

record,  powers  of  —  Compensation. 


(ill's. 
(ili'!». 

<ii:io. 
(il.'H. 


(i  !.">.'!. 


111.  ">.">. 


lil.".li. 


(il.'is. 
<>!;>!>. 
(5140. 

»>lll. 

«iU± 
(5  14.'!. 

(5144. 


Summary  administration  may  be 
ordered,  when  —  When  value  of 
estate  not  in  excess  of  $2,000 — Pro- 
cedure— Costs  limited. 

Form  of  notice  to  creditors. 
Right    of    representation"    defined — 
Posthumous    children,   rights    of. 

Estates,   when   escheat   to  state. 

Idem  —  Duty  of  attorney-general  — 
Information  to  be  filed — Citation  to 
issue. 

Idem  Contesting  escheats  —  Proced- 
ure— Judgment  and  costs,  sale,  of 
real  property  —  Proceeds  from 
escheats  paid  into  state  treasury. 

Idem — Appeal    may   be  taken. 

Idem — Controller  to  keep  account  of — 
Proceedings  to  recover  from  state, 
when  and  how  taken — Costs — Limi- 
tations Persons  under  disability — 
Legislature  may  cause  sale  of  lands. 

Idem  Receiver  may  be  appointed 
perilling  determination  of  title — To 
give  bond. 

Idem      Information  to  attorney-general 
Percentage  to   informer — Proviso. 

Idem      Disposition  of  money. 

Civil    practice    act    applicable. 

Arts    repealed. 

When    estate    of    widow    descends    to 

heirs  of  deceased  husband. 
When    estate   of   widower   descends  to 

heirs  of  deceased  wife. 
Act.    how   applicable. 
Notices  to  be  given  by  clerk  without 

order   from    judge. 
Objections   filed   with   clerk — Time   of 

bearing. 

of  decedent  controls— 


5857.    District  court— Jurisdiction  — Residence 

Nonresident  decedent. 

SECTION  1.  Wills  may  be  proved  and  letters  testamentary  or  of  adminis- 
tration granted  in  the  county  of  which  deceased  was  a  resident  at  the  time 
of  death,  whether  death  occurred  in  such  county  or  elsewhere,  and  the  dis- 
trict court  of  such  county  shall  have  exclusive  jurisdiction  of  the  settlement 
of  such  estates,  whether  such  estate  is  in  one  or  more  counties.  The  estate 
of  a  nonresident  decedent  may  be  settled  by  the  district  court  of  any  county 
wherein  any  part  of  such  estate  may  be.  The  district  court  to  which  appli- 
cation shall  first  be  made  shall  have  exclusive  jurisdiction  of  the  settlement 
of  such  estates. 

Kerr,  C.  C.  P.,  1294. 


Although  the  same  court  has  jurisdiction 
under  our  system  of  cases  at  law,  in  equity 
and  in  letters  of  probate,  yet  the  several 
classes  of  cases  must  be  kept  separate,  and 
a  petition  to  the  court  of  probate  cannot  be 
compounded  with  an  action  at  law  or  a  suit 
in  chancery.  Lucich  v.  Medin,  3  Nev.  93 
(93  A.  D.  376). 

This  act  is  copied  mainly  from  the  code 
<>f  civil  procedure  of  California,  title  2. 
The  California  law  does  not  contain  the 
statutory  rule  of  construction  found  in  sec- 
tion 269  of  this  act.  After  comparing  sec- 
tions 124  and  157  of  this  act  with  the  cor- 
responding sections  in  California,  it  was 


held  that  the  difference  between  the  two 
statutes  was  such  that  the  construction 
placed  on  the  above  section  by  the  courts  of 
California  is  inapplicable  in  Nevada.  Kir- 
man  v.  Powning,  25  Nev.  379  (60  P.  834). 

The  probate  court,  in  the  absence  of  stat- 
ute, has  no  jurisdiction  to  adjudicate  dis- 
puted rights  to  an  estate.  Estate  of  Single- 
ton, 26  Nev!  106  ^64  P.  513). 

The  appointment  as  an  administrator  of 
a  nonresident  by  the  district  court  of  the 
county  other  than  that  in  which  decedent 
died  or  left  property  is  unauthorized.  In 
re  Bailey's  Estate,  31  Nev.  378,  383,  384 
(103  P.  232). 


Sec.  5858  CIVIL  PRACTICE  1714 

5858.  Wills  delivered  to  court  or  executor. 

SEC.  2.  Any  person  having  any  will  in  his  possession  shall  within  ten  days 
after  knowledge  of  the  death  of  the  person  who  executed  such  will  deliver 
it  into  the  district  court  that  has  jurisdiction  of  the  case,  or  to  the  person 
named  in  such  will  to  execute  it. 

Kerr,  C.  C.  P.,  1298. 

5859.  Person  named  as  executor— Duty  to  present  will. 

SEC.  3.  Any  person  named  as  executor  or  executrix  in  any  will  shall 
within  fifteen  days  after  the  death  of  the  testator  or  testatrix,  or  within 
fifteen  days  after  knowledge  of  such  naming,  present  the  will,  if  in  possession 
of  it,  to  the  district  court. 

Kerr,  C.  C.  P.,  1298. 

5860.  Renunciation  of  trust — Petition  for  probate— Averments— Defects. 

how  cured. 

SEC.  4.  Any  person  so  named  may  decline  the  trust  by  filing  a  renuncia- 
tion in  writing.  If  such  person  intends  to  accept  the  trust,  there  shall  be 
presented  a  petition  for  the  probating  of  such  will,  setting  forth  in  such  peti- 
tion the  facts  necessary  to  give  the  court  jurisdiction,  and,  when  the  same 
are  known,  the  names,  ages  and  residence  of  the  heirs  and  devisees  of  the 
deceased,  also  the  character  and  probable  value  of  the  estate  and  praying 
that  the  will  be  admitted  to  probate,  and  that  letters  testamentary  be  issued 
thereon  to  the  party  entitled  thereto.  If  the  jurisdictional  facts  existed,  but 
are  not  fully  set  forth  in  the  petition  and  the  same  shall  be  afterwards  proved 
in  the  course  of  the  administration,  the  probate  of  the  will  and  the  subse- 
quent proceedings  shall  not  on  account  of  such  want  of  jurisdictional  aver- 
ments be  held  void. 

Kerr,  C.  C.  P.,  1301. 

5861.  Liability  for  neglect. 

SEC.  5.  Every  person  who  shall  neglect  to  perform  any  of  the  duties 
required  in  the  preceding  sections  without  reasonable  cause,  shall  be  liable 
to  every  person  interested  in  the  will  for  the  damages  such  interested  person 
may  sustain  by  reason  of  such  neglect. 

5862.  Who  may  petition  for  probate. 

SEC.  6.  Any  person  named  in  a  will  to  execute  it,  though  not  in  pos- 
session of  such  will,  may  present  a  petition  to  the  district  court  having  juris- 
diction, praying  that  the  person  in  possession  of  the  will  may  be  required  to 
produce  it,  that  it  may  be  admitted  to  probate,  and  that  letters  testamentary 
be  issued. 

Kerr,  C.  C.  P.,  1303. 

5863.  Idem— By  any  interested  person. 

SEC.  7.  Any  person  having  an  interest  in  a  will  may,  in  like  manner, 
present  a  petition,  praying  that  it  may  be  required  to  be  produced  and 
admitted  to  probate. 

Kerr,  C.  C.  P.,  1303. 

5864.  Order  for  production  of  will. 

SEC.  8.  If  it  be  alleged  in  any  petition  that  any  will  of  a  deceased  person 
is  in  the  possession  of  a  third  person,  and  the  court  shall  be  satisfied  that 
the  allegation  is  correct,  an  order  shall  be  issued  and  served  upon  the  person 
having  possession  of  the  will,  requiring  such  person  to  produce  it  at  a  time 
to  be  named  in  the  order. 

Kerr,  C.  C.  P.,  1302. 

5865.  Idem— Penalty  for  refusal— Contempt. 

SEC.  9.    Any  person  having  the  possession  of  a  will  and  neglects  or  refuses 


1715  CIVIL  PRACTICE  Sec.  5873 

to  produce  it  in  obedience  to  such  order,  such  person  may,  by  warrant  from 
the  court,  be  committed  to  the  jail  of  the  county,  and  be  kept  in  close  confine- 
ment until  such  person  produces  the  will. 

Kerr,  C.  C.  P.,  1:502. 

5866.  Petition  signed  and  h'led— Notice  of  hearing,  how  jriveii. 

SEC.  10.  All  petitions  for  the  probate  of  a  will,  and  for  the  issuance  of  let- 
ters, shall  be  signed  by  the  party  petitioning,  or  the  attorney  for  such  peti- 
tioners, and  filed  with  the  clerk  of  the  court  who  shall  publish  a  notice  in  some 
newspaper,  if  there  is  one  printed  in  the  county,  if  not,  then  by  posting 
such  notice  in  three  public  places  in  the  county,  stating  in  such  notice  the 
filing  of  such  petition,  the  object,  and  designating  a  time  for  proving  such 
will,  which  shall  not  be  less  than  ten  nor  more  than  twenty  days. 

Ki-rr.  C.  C.  P.,  1303. 

5867.  Idem— Powers  of  jud^e  to  enforce  orders. 

SEC.  11.  The  judge  may  make  all  necessary  orders  to  enforce  the  produc- 
tion of  any  will  at  chambers. 

Krrr.  C.  C.  P.,  l.m~>. 

5868.  Citation  to  heirs,  service  of. 

SEC.  12.  If  the  heirs  of  the  deceased  reside  in  the  county,  the  party  peti- 
tioning for  the  probate  of  a  will  shall  obtain  from  the  clerk  a  citation  and 
cause  it  to  be  served  upon  such  heirs,  requiring  them  to  appear  and  contest 
the  probate  of  the  will  at  the  time  appointed  by  the  clerk,  if  they  so  desire. 
Such  citation  shall  be  served  at  least  three  days  before  the  time  so  appointed. 

Kcrr.  C.  C.  P.,  K'.o:;. 

586!).    Citation  to  persons  named  to  execute  will. 

SEC.  13.  If  a  petition  for  probate  is  presented  by  any  person  other  than 
the  one  named  in  the  will  to  execute  it,  or  if  it  is  presented  by  one  of  sev- 
eral of  such  persons  named  in  the  will,  citation  shall  in  like  manner  issue  and 
be  served  upon  such  not  joining  in  the  petition,  if  resident  within  the  county. 

Krrr,  C.  C.  I'..  i:;<>::. 

5870.  Snbpenas  to  subscribing  witnesses; 

SEC.  14.  The  clerk  shall  also  issue  subpenas  to  the  subscribing  witnesses 
to  a  will,  if  they  reside  in  the  county. 

Kerr,  C.  C1.  P.,  1 305. 

5871.  Hearing  of  proof— Oral  testimony. 

SEC.  15.  At  the  time  appointed,  or  at  any  other  time  to  which  the  hear- 
ing may  be  continued,  upon  proof  being  made  by  affidavit  or  otherwise,  to 
the  satisfaction  of  the  court,  that  notice  has  been  given  as  required  by  the 
preceding  sections,  the  court  shall  proceed  to  hear  the  testimony  in  proof  of 
the  will.  All  witnesses  who  appear  and  are  sworn  shall  testify  orally. 

Kerr,  C.  C.  P. ,1306. 

5872.  \Vho  may  contest— Court  to  appoint  attorney  for  minor  or  absent 

heirs. 

SEC.  16.  Any  person  interested  may  appear  and  contest  the  probate  of  a 
will.  If  it  appears  that  there  are  minors  or  other  persons  who  are  interested 
in  the  estate,  but  reside  out  of  the  county,  and  are  unrepresented,  the  court 
shall  appoint  some  attorney  to  represent  them. 

Kerr,  C.  C.  P.,  1307. 

5873.  One  witness  sufficient  if  no  contest— Ex  parte  affidavit,  when 

accepted. 

SEC.  17.     If  no  person  shall  appear  to  contest  the  probate  of  a  will,  the 


Sec.  5874  CIVIL  PRACTICE  1716 

court  may  admit  it  to  probate  on  the  testimony  of  one  of  the  subscribing 
witnesses,  only,  if  such  testimony  shall  show  that  the  will  was  executed  in  all 
particulars  as  required  by  law,  and  that  the  testator  or  testatrix  was  of  sound 
mind  at  the  time  of  its  execution;  provided,  however,  in  all  cases  where  the 
witness  resides  at  a  distance  of  more  than  twenty-five  (25)  miles  from  the 
place  where  said  court  is  held,  the  ex  parte  affidavit  of  said  witness,  showing 
that  the  will  was  executed  in  all  particulars  as  required  by  law,  and  that  the 
testator  or  testatrix  was  of  sound  mind  at  the  time  of  its  execution,  shall  be 
received  in  evidence  and  have  the  same  force  and  effect  as  if  the  witness 
was  present  and  testified  orally.  As  amended  Stats.  1903,  30. 

Kerr,  C.  C.  P.,  1308. 

5874.  Contest  and  proceedings— Issues  of  fact,  how  tried. 

SEC.  18.  If  any  person  appears  to  contest  the  probate  of  a  will,  such  per- 
son shall  file  a  statement  in  writing,  setting  out  the  grounds  of  contest,  and 
file  the  same  with  the  clerk,  which  shall  constitute  a  joinder  of  such  issues 
of  fact  as  may  be  alleged  in  opposition  to  the  will,  such  as  respects  the  com- 
petency of  the  deceased  to  make  a  last  will  and  testament,  or  respecting  the 
execution  by  the  deceased  of  such  last  will  and  testament,  under  restraint, 
or  undue  influence,  or  fraudulent  representations,  or  for  any  other  cause 
affecting  the  validity  of  such  will.  And  any  and  all  issues  of  fact  shall  be 
tried  as  issues  of  facts  are  tried  in  other  cases  in  the  district  court. 

Kerr,  C.  C.  P.,  1312. 

It  is  the  manifest  intention  of  the  legis-  of  claims.  Kirman  v.  Powning,  25  Nev. 
lature  that  formal  and  technical  pleading  393  (60  P.  834). 

should  not  be  required  in  the  presentation  Cited,  Abel  v.   Hitt,   30   Nev.   105  (93   P. 

227). 

5875.  Idem— Subscribing  witnesses  examined— Exception. 

SEC.  19.  When  the  probate  of  a  will  is  contested  all  the  subscribing  wit- 
nesses who  are  present  in  the  county,  and  who  are  of  sound  mind,  must  be 
produced  and  examined,  and  the  death,  absence  or  insanity  of  any  of  them 
shall  be  satisfactorily  shown  to  the  court. 

Kerr,  C.  C.  P.,  1315. 

5876.  Decree  admitting  to  probate— .Record. 

SEC.  20.  If  the  court  shall  be  satisfied  upon  the  proof  taken  when  heard 
by  the  court,  or  by  the  verdict  of  a  jury,  in  case  a  jury  trial  is  had,  that  the 
will  was  duly  executed  by  a  person  at  the  time  of  sound  and  disposing  mind, 
and  not  under  restraint,  undue  influence  or  fraudulent  representation,  the 
court,  by  decree  in  writing,  shall  admit  the  will  to  probate,  whereupon  the 
will  and  the  decree  admitting  it  to  probate  shall  be  recorded  together  by 
the  clerk  in  a  book  to  be  provided  for  that  purpose. 

Kerr,  C.  C.  P.,  1317,  1318. 

Cited,  Abel  v.  Hitt,  30  Nev.  105,  106  (93  P.  227). 

May  appoint  guardian  of  minor  named  in  will,  sec.  6150. 

5877.  Exemplified  copy  of  record— Evidence. 

SEC.  21.  A  copy  of  the  record  of  the  will  and  decree  admitting  it  to  pro- 
bate, exemplified  by  the  clerk  in  whose  custody  it  may  be,  shall  be  received 
in  evidence  and  be  as  effectual  in  all  cases  as  the  original  would  be  if  proved. 

5878.  Foreign  wills  admitted  to  probate,  when. 

SEC.  22.  All  wills  which  shall  have  been  duly  proved  and  allowed  in  any 
other  of  the  United  States,  or  any  territory  thereof,  or  in  any  foreign  country 
or  state,  may  be  admitted  to  probate  by  the  district  court  of  any  county  in 
which  the  deceased  shall  have  left  any  estate;  provided,  it  has  been  executed 
in  conformity  with  the  laws  of  the  place  where  made. 

Kerr,  C.  C.  P.,  1322. 


1717  CIVIL  PRACTICE  Sec.  5885 

5879.  Idem— Procedure  as  in  ease  of  original  will. 

SEC.  23.  When  a  copy  of  a  will,  as  mentioned  in  the  preceding  sections, 
and  the  probate  thereof,  duly  authenticated,  shall  be  filed  in  the  clerk's  office, 
with  a  petition  for  letters,  notice  shall  be  given  for  the  hearing  thereof,  and 
such  proceedings  shall  be  had  as  in  case  of  an  original  will  for  probate,  and 
with  like  force  and  effect. 

Kerr,  0.  C.  P.,  IS'JH. 

5880.  Lost  or  destroyed  will,  how  proven. 

SEC.  24.  Whenever  any  will  shall  be  lost  by  accident,  or  destroyed  by  fraud, 
the  district  court  shall  have  power  to  take  proof  of  the  execution  and  validity 
of  such  will,  and  to  establish  the  same,  notice  to  all  persons  interested  having 
been  first  given,  as  prescribed  in  regard  to  proofs  of  wills  in  other  cases. 

Krrr.  C.  C.  P.,  WS. 

5881.  Idem— What  to  be  proved— Amount  of  proof. 

SEC.  25.  No  will  shall  be  allowed  to  be  proved  as  a  lost  or  destroyed  will 
unless  the  same  shall  be  proved  to  have  been  in  existence  at  the  time  of  the 
death  of  the  person  whose  will  it  is  claimed  to  be,  or  be  shown  to  have  been 
fraudulently  destroyed  in  the  lifetime  of  such  person,  nor  unless  its  provisions 
shall  be  clearly  and  distinctly  proved  by  at  least  two  credible  witnesses. 

Krrr,  C.  C.  1'.,  i:'.:;i». 

5882.  Idem—Pending  proof  may  restrain  administration. 

SEC.  26.  If  before  or  during  the  pendency  of  an  application  to  prove  a 
lost  or  destroyed  will  letters  of  administration  shall  have  been  granted  upon 
the  estate  of  the  deceased,  or  letters  testamentary  of  any  previous  will  of  such 
deceased,  the  court  shall  have  authority  to  restrain  such  administration  if 
necessary  to  protect  the  interests  of  legatees  or  devisees  claiming  under  the 
lost  or  destroyed  will. 

Kerr,  C.C.I'..  1 :;:!'.». 

5888.     Letters  testamentary  to  be  issued,  when. 

SEC.  27.  When  any  will  shall  have  been  admitted  to  probate  the  district 
court  shall  direct  letters  thereon  to  issue  to  the  person  or  persons  named  in 
the  will  to  execute  the  same,  who  may  be  competent  to  discharge  the  trust, 
and  who  shall  appear  and  qualify. 

Kerr,  ('.  C.  P.,  134H. 

5884.  Executors,  who  competent— Letters  with  will  annexed. 

SEC.  28.  No  person  shall  be  deemed  competent  to  serve  as  executor  or 
executrix  who  at  the  time  the  will  is  probated  shall  be:  First — Under  the 
age  of  majority;  or,  second,  who  shall  have  been  convicted  of  an  infamous 
crime;  or,  third,  who,  upon  proof,  shall  be  adjudged  by  the  court  incompe- 
tent to  execute  the  duties  of  the  trust  by  reason  of  drunkenness,  improvi- 
dence or  want  of  understanding.  If  any  such  person  be  named  as  the  sole 
executor  or  executrix  in  any  will,  or  if  all  persons  so  named  are  incompetent, 
or  shall  renounce  the  trust,  or  fail  to  appear  and  qualify,  letters  of  adminis- 
tration with  the  will  annexed  shall  issue. 

Kerr,  C.  C.  P.,  1350. 

5885.  Objections  to  executors— Hearing— Petition  for  letters  with  will 

annexed. 

SEC.  29.  Any  person  interested  in  a  will  may  file  objections  in  writing  to 
the  granting  of  letters  testamentary  to  the  persons  named  as  executors  or 
executrixes,  or  any  of  them,  and  such  objections  shall  be  heard  and  deter- 
mined by  the  court.  A  petition  may  also  be  filed  for  the  issuance  of  letters 
of  administration,  with  the  will  annexed,  in  all  proper  cases. 

Kerr,  C.  C.  P.,  1351. 


Sec,  5886  CIVIL  PRACTICE  1718 

5886.  Marriage  of  unmarried  woman  extinguishes  authority— Married 

woman  named  as  executrix  may  act. 

SEC.  30.  When  an  unmarried  woman  who  shall  have  been  appointed  execu- 
trix shall  marry,  her  marriage  shall  extinguish  her  authority.  When  a  mar- 
ried woman  is  nominated  as  executrix  she  may  be  appointed  and  serve,  in  all 
respects,  as  if  she  were  a  femme  sole. 

Kerr,  C.C.  P.,  1352. 

5887.  Executor  of  executor  cannot  act— Letters  with  will  annexed. 

SEC.  31.  No  executor  of  an  executor  shall  as  such  be  authorized  to  admin- 
ister on  the  estate  of  the  first  testator,  but  on  the  death  of  the  sole  or  sur- 
viving executor  or  executrix  of  any  last  will,  letters  of  administration,  with 
the  will  annexed  of  the  estate  of  the  first  testator  or  testatrix  left  unadmin- 
istered,  shall  be  issued. 

Kerr,  C.C.  P.,  1353. 

5888.  Letters  testamentary  to  minors,  when  may  issue— Joint  executors. 

SEC.  32.  When  any  person  under  the  age  of  twenty-one  years  shall  be 
named  executor,  or  under  the  age  of  eighteen  years  executrix,  letters  of 
administration  with  the  will  annexed  shall  be  granted,  during  the  minority 
of  such  person,  unless  there  is  another  executor  or  executrix,  who  shall  accept 
the  trust  and  qualify,  in  which  case  letters  testamentary  shall  issue  to  such, 
who  shall  administer  the  estate,  until  the  minor  shall  arrive  at  legal  age, 
when  such  may  be  admitted  as  joint  executor  or  executrix.. 

Kerr,  C.  C.P.,  1354. 

5889.  Power  of  one  or  more  of  several  executors— Absence  or  disability- 

Majority  to  control. 

SEC.  33.  When  all  the  persons  named  as  executors  or  executrixes  shall 
not  be  appointed  by  the  court,  such  as  shall  be  appointed  shall  have  the 
same  authority  to  perform  every  act  and  discharge  every  trust  required  by 
the  will,  and  their  acts  shall  be  effectual  for  every  purpose  as  if  all  had  been 
appointed,  and  should  act  together.  When  there  are  two  executors  or  admin- 
istrators the  acts  of  one  alone  shall  be  valid  if  the  other  is  absent  from  the 
state,  or  for  any  cause  is  laboring  under  any  legal  disability,  and  when  there 
are  more  than  two,  the  act  of  a  majority  shall  be  sufficient. 

Kerr,  C.  C.  P.,  1355. 

5890.  Power  of  administrators  with  will  annexed. 

SEC.  34.  Administrators  with  the  will  annexed  shall  have  the  same 
authority  as  the  executor  named  in  the  will  would  have  had  if  he  should 
have  qualified,  and  their  acts  shall  be  as  effectual  for  every  purpose. 

Kerr,  C.C.  P.,  1356. 

5891.  Letters  signed  and  sealed  by  clerk. 

SEC.  35.  Letters  testamentary  and  of  administration  with  the  will  annexed 
shall  be  signed  by  the  clerk  and  be  under  the  seal  of  the  court. 

Kerr,  C.C.  P.,  1356. 

5892.  Form  of  letters  testamentary. 

SEC.  36.     Letters  testamentary  may  be  in  substantially  the  following  form, 
to  wit  (after  properly  entitling  court  and  cause) :     "The  last  will  of  _. 
deceased,  having  been  duly  admitted  to  probate  in  our  said  court,  _ 

who  is  named  therein,  was  by  our  said  court  on  the day  of  _.         __,  189__, 

duly  appointed  executor,  who  haying  qualified  as  such  (is)  hereby  authorized 
to  act  by  virtue  thereof.  In  testimony  whereof,  I  have  officially  signed  these 
letters  and  affixed  hereto  the  seal  of  said  court,  this day  of  _ .  _  _,  189 .  _ . " 

Kerr,  C.  C.  P.,  1360. 


1719  CIVIL  PRACTICE  See.  5898 

5893.    Form  of,  with  will  annexed. 

SEC.  37.  Letters  of  administration  with  the  will  annexed  may  be  sub- 
stantially in  the  following  form,  to  wit  (after  properly  entitling  the  court 

and  cause) :     "The  last  will  of ,  deceased,  having  been  duly  admitted 

to  probate  in  our  said  court,  and  there  being  no  executor  named  in  said  will 

(or  as  the  case  may  be),  _.         __  was  by  our  said  court,  on  the day  of __, 

189  ,  duly  appointed  as  administrator  with  the  will  annexed,  and  who,  having 
duly  qualified  as  such,  is  hereby  authorized  to  act  by  virtue  thereof.  In  testi- 
mony whereof,  I  have  officially  signed  these  letters  and  affixed  hereto  the 
seal  of  said  court,  this__  day  of_  __,  189__." 

Kcrr.  C.  C.  I'..  K'.iil. 

589 1.    \Vlio  entitled  to  letters  of  administration— Precedence. 

SEC.  38.  Administration  of  the  estate  of  a  person  dying  intestate  shall  be 
granted  to  some  one  or  more  of  the  persons  hereinafter  mentioned,  and  they 
shall  be  respectively  entitled  in  the  following  order:  First — The  surviving 
husband  or  wife,  or  such  person,  as  he  or  she  may  request  to  have  appointed. 
Second— The  children.  Third— The  father,  or  mother.  Fourth— The  brother. 
Fifth— The  sister.  Sixth— The  grandchildren.  Seventh— Any  other  of  the 
kindred  entitled  to  share  in  the  distribution  of  the  estate.  Eighth — The 
creditors.  Ninth— The  public  administrator.  Tenth— Any  of  the  kindred, 
not  above  enumerated,  within  the  fourth  degree  of  consanguinity.  Eleventh— 
Any  person  or  persons  legally  competent. 

Kerr,  C.O.  P.,  i:'><;~>. 

Act  in  relation  t<>  public  administrator,  ser  B66S.    I«>1~>    1627. 

Lett cis  of  administration  may  be  granted  ••<>ni potent,  the  court  has  no  discretion,  but 
to  a  nonresident.  In  re  Bailey's  Estate,  31  must  appoint  the  applicant  that,  under  the 
Nc\.  :;77,  .380  (103  P.  232).  statute,  has  the  prior  right.  In  re  Nickals, 

Whore  all  parties  applying  for  letters  of      21  Nev.  462,  464  (34  P.  250). 
administration     are    equally    qualified    and 

5895.  Idem— Males  preferred  to  females— Whole  blood  to  half  blood. 

SEC.  39.  When  there  shall  be  several  persons  claiming  and  equally  entitled 
to  the  administration,  males  shall  be  preferred  to  females,  and  relatives  of 
the  whole  blood  to  those  of  the  half  blood. 

Kerr,  ('.  ('.  I'.,  1 366. 

5896.  Persons  equally  entitled— Court  ma.v  <jT?mt  to  one  or  more. 

SEC.  40.  When  there  are  several  persons  equally  entitled  to  the  adminis- 
tration the  court  may,  in  its  discretion,  grant  letters  to  one  or  more  of  them. 

Kerr,  C.  C.  P.,  1867. 

5897.  Who  not  entitled  to  letters. 

SEC.  41.  No  person  shall  be  entitled  to  letters  of  administration  who  shall 
be:  First — Under  the  age  of  majority;  or,  second,  who  shall  have  been  con- 
victed of  an  infamous  crime;  or,  third,  who  upon  proof  shall  be  adjudged  by 
the  court  incompetent  to  execute  the  duties  of  the  trust,  by  reason  of  drunken- 
ness, improvidence  or  want  of  integrity  or  understanding. 

Kerr,  C.  C.  P.,  1369. 

Cited,  In  re  Bailey's  Estate,  31  Nev.  377,  381  (103  P.  232). 

See  In  re  Nickals,  under  sec.  38  of  this  act. 

5898.  Marriage  of  unmarried  woman  extinguishes  authority. 

SEC.  42.  When  any  unmarried  woman  who  shall  have  been  appointed 
administratrix  shall  marry,  her  marriage  shall  extinguish  her  authority. 

Kerr,  C.  C.  P.,  1370. 

Defendant,  prior  to  the  trial,  married.  to  retain  possession  of  the  property  of  the 
It  was  held  that  this  marriage  extinguished  estate  until  the  appointment  of  her  suc- 
her  authority  as  administratrix  of  the  cessor,  or  until  otherwise  ordered  by  .the 
estate,  but  did  not  deprive  her  of  the  right  court.  Buckley  v.  Buckley,  16  Nev.  180. 


Sec.  5899  CIVIL  PRACTICE  1720 

5899.  Application  for  letters  by  petition— What  to  state— Defects,  how 

cured— Notice,  how  given. 

SEC.  43.  Application  for  letters  of  administration  shall  be  made  by  petition 
in  writing,  signed  by  the  applicant  or  his  attorney,  and  filed  in  the  office  of 
the  clerk  of  the  court.  The  petition  must  state  the  facts  essential  to  give 
the  court  jurisdiction  of  the  case,  and  when  known  the  names,  ages  and  resi- 
dence of  the  heirs  of  the  deceased;  also  the  character  and  value  of  the 
property.  When  filed  the  clerk  shall  give  notice  thereof  by  causing  notices 
to  be  posted  up  in  at  least  three  public  places  in  the  county,  one  of  which 
shall  be  at  the  place  where  the  court  is  held.  The  notice  shall  state  the 
name  of  the  deceased,  the  name  of  the  applicant,  and  designate  a  day  on 
which  the  application  will  be  heard,  which  shall  be  at  least  ten  days  after 
posting  the  notices.  If  the  jurisdictional  facts  existed,  but  are  not  fully  set 
forth  in  the  petition,  and  the  same  shall  afterwards  be  proved  in  the  course 
of  the  administration,  the  administration  shall  not  be  void  on  account  of  a 
want  of  such  jurisdictional  averments. 

Kerr,  C.  C.  P.,1371,  1373. 

The   community  property,   after  the   hus-  In     settling     the     final     account     of     an 

l>;i  nd's   death,  is  vested  in  the  widow,  sub'-  administrator  an  attorney's  fee  for  procur- 

ject    to   the   payment    of   the    debts,   and   if  ing    letters     of     administration     cannot     be 

she   pays    all   the   indebtedness    legally   due  allowed.     Bowman  v.  Bowman,  27  Nev.  413 

from  the  estate,  then  the  community  prop-  (76  P.  634). 

city     is     not     subject     to     administration.  Sec.  57  of  the  act  of  1861,  194,  provided: 

Wright  v.  Smith,  19  Nev.  143  (7  P.  365).  "If    any    person    entitled    to    administration 

There  is  no  legal  presumption  either  for  shall    be    a    minor,    administration    shall    be 

or  against  the  existence  of  debts,  and  the  granted   to    his   or   her   guardian."     It   was 

court  has  no  right  to  appoint   an   adminis-  held  that  said  section  referred  to  a  guardian 

trator    without    satisfactory   proof   that   the  appointed    in    this    state    and    not    to    one 

property  was  subject  to  administration  and  appointed  in  some  other  state.     In  re  Estate 

that     the     appointment     would     accomplish  of  Nickals,  21  Nev.  462,  464,  465  (34  P.  250). 

some  useful  end.     Idem.  Except  as  a  matter  of  comity,  in  excep- 

See,  In  re  Cook's  Estate,  34  Nev. —  (1.17  tional     cases,     a     guardian     of     a     minor 

Pac. — ).  appointed  in  one  state  is  not  recognized  as 

such   in  another  state.     Idem. 

5900.  Who  may  contest— May  pray  for  letters. 

SEC.  44.  Any  person  interested  may  contest  the  application  by  filing  a 
written  opposition  thereto,  on  the  ground  of  the  incompetency  of  the  appli- 
cant, or  may  assert  his  own  right  to  the  administration,  and  pray  that  letters 
be  issued  to  himself. 

Kerr,  C.  C.  P.,  1374. 

5901.  Hearing  of  application— Order  for  letters. 

SEC.  45.  On  the  hearing,  it  being  first  proved  that  proper  notice  has  been 
given,  the  court  shall  proceed  to  hear  the  allegations  and  proof  of  the  parties, 
and  to  order  the  issuance  of  letters  of  administration,  as  the  case  may  require. 

Kerr,  C.  C.  P.,  1375. 

5902.  Minute  entry  of  proof  of  notice  conclusive  evidence. 

SEC.  46.  An  entry  in  the  minutes  of  the  court  that  proof  was  made  that 
notice  had  been  given  according  to  law,  shall  be  conclusive  evidence  of  the 
fact  of  such  notice. 

Kerr,  C.  C.  P.,  1376. 

5903.  Letters  may  be  granted  to  persons  of  lesser  right,  when. 

SEC.  47.  Letters  of  administration  may  be  granted  to  any  applicant, 
though  it  appear  that  there  are  other  persons  having  better  rights  to  the 
administration,  when  such  fail  to  appear  and  claim  the  issuance  of  letters  to 
themselves. 

Kerr,  C.  C.P.,  1377. 


1721  CIVIL  PRACTICE  Sec.  5908 

5904.  Proof  of  death  and  of  intestacy—  Value  of  property—  Witnesses. 

SEC.  48.  Before  letters  of  administration  shall  be  granted  on  the  estate  of 
any  person  who  is  represented  to  have  died  intestate,  the  fact  of  his  having 
died  intestate  shall  be  proved  by  the  testimony  of  the  applicant  and  any  other 
testimony  that  may  be  produced.  Proof  must  also  be  made  concerning  the 
time,  place  and  manner  of  death,  the  place  of  his  residence  at  the  time  of  his 
death,  the  location,  character  and  value  of  his  property,  and  whether  the 
deceased  left  a  will.  Any  person  may  be  compelled  to  attend  as  a  witness 
for  such  purpose. 

Kerr,  C.  C.  P.,  137S. 

5905.  Granted  to  one  not  entitled  at  request  of  others  entitled—  How 

request  made. 

SEC.  49.  Administration  may  be  granted  to  one  or  more  competent  per- 
sons, although  not  entitled  to  the  same,  at  the  request  of  the  person  entitled 
to  be  joined  with  such  persons.  The  request  shall  be  in  writing  and  filed 
in  the  court.  When  the  person  entitled  is  a  nonresident  of  the  state  his 
request,  acknowledged  before  a  notary  public  or  other  officer  having  a  seal, 
and  authorized  by  the  laws  of  the  state  or  territory  to  take  acknowledgments, 
may  be  received  as  prima  facie  evidence  of  the  identity  of  the  party,  upon 
which  the  letters  shall  be  ordered  issued  as  requested,  if  the  person  is  com- 
petent. 

Kerr,  C.C.P.,  l.'57'.i. 

This  section  implies  that  nonresidents  mtitlol  to  letters.  In  re  Bailey's  Estate, 
un.l.T  certain  circumstances,  IMMMMIM-  :;i  He  v.  37f,  381  (103  P.  232). 


5906.  Certain  persons  entitled  to  preference  nm.v  obtain  revocation  of 

letters  to  others. 

SEC.  50.  When  letters  of  administration  have  been  granted  to  any  other 
person  than  the  surviving  husband  or  wife,  the  child,  the  father,  mother, 
brother  or  sister  of  the  intestate,  any  one  of  them  may  obtain  the  revocatidn 
of  the  letters  by  presenting  to  the  district  court  a  petition  praying  the  revo- 
cation, and  that  letters  of  administration  be  issued  to  him  or  her. 

Krrr.  C.  C.  I'.,  1383. 

See  In  re  Nickals,  under  sec.  ::s  <>t'  this  act. 

5907.  Idem—  Procedure—  Hearing—  Order. 

SEC.  51.  When  any  such  petition  shall  be  filed,  a  copy  must  be  served  upon 
the  administrator,  when  the  matter  shall  be  deemed  at  issue,  and  may  be 
brought  on  for  hearing  at  any  time  thereafter,  by  consent  of  parties  or  by 
either  party,  on  giving  the  other  party  two  days'  previous  notice  that  he  will 
move  the  court  to  set  the  matter  for  a  day  certain.  Upon  the  hearing,  the 
court,  being  satisfied  that  a  copy  of  the  petition  has  been  duly  served  upon 
the  administrator,  shall  proceed  to  hear  the  allegations  and  proofs  of  the  par- 
ties, and  if  the  right  of  the  applicant  is  established,  and  he  or  she  be  compe- 
tent, letters  of  administration  shall  be  granted  to  the  applicant  and  the  letters 
of  the  former  administrator  revoked. 

Kerr,  C.  C.  P.,  1384,  1385. 

5908.  Idem  —  Surviving-  husband  or  wife—  May  assert  prior  right  - 

Revocation. 

SEC.  52.  The  surviving  husband  or  wife,  when  letters  of  administration 
have  been  granted  to  a  child,  the  father  or  mother,  brother  or  sister  of  the 
intestate,  or  any  other  person,  may  assert  his  or  her  prior  right,  and  obtain 
letters  of  administration  and  have  the  letters  before  granted  revoked  in  the 
manner  prescribed  in  the  two  preceding  sections. 

Kerr,  C.  C.  P.,  1386. 


Sec.  5909  CIVIL  PRACTICE  1722 

5909.  Form  of  letters  of  administration. 

SEC.  53.  Letters  of  administration  shall  be  signed  by  the  clerk,  and  be 
under  the  seal  of  the  court,  and  may  be  in  the  following  form,  to  wit  (after 
properly  entitling  court  and  cause) :  "This  is  to  certify  that,  by  order  of  the 

above-named  court  made  and  entered  on  the day  of  __     __,  189 „_, 

was  appointed  administrate  of  the  estate  of  _  __,  deceased,  by  virtue 

of  which  these  letters  are  issued  this  _  __  day  of ,  189__,  he  having  duly 

qualified.     Witness  my  official  signature,  with  the  seal  of  the  court  affixed." 

Kerr,  C.  C.  P.,  1362. 

5910.  Executor  or  administrator  to  take  oath— Form  of— Filed  and 

recorded— Certified  copies  of  records  and  papers  have  force  of 
originals. 

SEC.  54.  Before  letters  testamentary  or  of  administration  shall  be  issued 
to  the  executor  or  administrator  he  shall  take  and  subscribe  an  oath  or  affir- 
mation before  the  clerk  that  he  will  perform,  according  to  law,  the  duties  of 
executor  or  administrator;  said  oath  shall  be  filed  and  recorded  by  the  clerk. 
All  duly  certified  copies  of  any  record  or  paper  in  matters  of  estates  shall 
have  the  same  force  and  effect  in  all  cases  whatsoever  as.  the  original  papers 
would  have. 

Kerr,  C.  C.  P.,  1387. 

The  authority  of  an  administrator  can-  Since  the  letters,  having  been  regularly 

not  be  attacked,  in  a  collateral  proceeding,  issued,  are  valid  until  revoked,  the  irregu- 

because  the  oath  provided  by  statute  was  larities  complained  of  were  cured  by  taking 

not  taken  until  after  the  letters  were  issued,  the  oath  before  the  proper  officer  before  the 

and  was  then  taken  before  a  notary  public.  trial  of  the  case.  Gallagher  v.  Holland,  20 

Nev.  164,  167  (18  P.  834). 

5911.  Bond  to  be  given— Form  of— Judge  to  approve— Additional  bond, 

when. 

SEC.  55.  Every  person  to  whom  letters  testamentary  (unless  the  will 
otherwise  provides)  or  of  administration  shall  have  been  directed  to  issue 
shall,  before  receiving  the  letters,  execute  a  bond  to  the  State  of  Nevada, 
with  two  or  more  sureties  to  be  approved  by  the  district  judge.  In  form  the 
bond  shall  be  joint  and  several,  and  the  penalty  shall  not  be  less  than  the 
value  of  the  personal  property,  including  rents  and  profits  belonging  to 
the  estate,  which  value  shall  be  ascertained  by  the  court  by  the  examination 
on  oath  of  the  party  applying,  and  of  any  other  persons  the  judge  may  think 
proper  to  examine.  The  district  judge  shall  require  an  additional  bond  when- 
ever the  sale  of  any  real  estate  belonging  to  an  estate  is  ordered  by  him  to 
be  sold.  The  bond  shall  be  conditioned  that  the  executor  or  administrator 
will  faithfully  execute  the  duties  of  the  trust  according  to  law,  and  shall  be 
recorded  by  the  clerk.  As  amended,  Stats.  1903,  209. 

Kerr,  C.  C.  P.,  1388,  1390. 

See  McNabb  v.  Wixom,  7  Nev.  164.  That  the  estate  of  a  deceased  was  insig- 

An  order  issuing  letters  on  the  estate  of  nificant  in  value,  the  principal  asset  being 
an  intestate  is  void,  where  no  bond  was  a  claim  alleged  to  be  due  for  the  wrongful 
required  or  given.  In  re  Bailey's  Estate,  31  death  of  deceased,  was  not  ground  for 
Nev.  377,  382,  383  (103  P.  232).  exempting  an  administrator  from  doing 

wrong.  Idem. 

5912.  Bond  in  force  until  penalty  exhausted. 

SEC.  56.  The  bond  shall  not  be  void  upon  the  first  recovery,  but  may  be 
sued  upon  from  time  to  time  by  any  person  aggrieved  in  his  or  her  own 
name  until  the  whole  penalty  is  exhausted. 

Kerr,  C.C.P.,1392. 

5913.  Sureties  to  justify,  before  whom— When  penalty  exceeds  $2,000 

sureties  may  qualify  for  $500  or  more. 

SEC.  57.     In  all  cases  when  bonds  are  required  by  this  act,  the  sureties 


1723  CIVIL  PRACTICE  Sec.  5917 

'must  justify  on  oath  before  the  judge  or  clerk  of  a  court  having  a  seal,  or 
before  a  notary  public,  or  a  justice  of  the  peace  of  the  county,  to  the  effect 
that  they  are  householders,  or  freeholders,  within  this  state  and  worth  the 
amount  for  which  they  become  surety,  over  and  above  all  just  debts  and 
liabilities,  exclusive  of  property  exempt  from  execution,  and  such  justifica- 
tion must  be  signed  by  the  sureties  and  certified  by  the  officer  taking  the 
same  and  endorsed  on  or  attached  to  and  filed  with  the  bond.  When  the 
whole  penal  sum  of  such  bond  exceeds  two  thousand  dollars,  sureties  may  go 
thereon  for  any  sum  not  less  than  five  hundred  dollars,  so  that  the  whole  be 
equal  to  two  sufficient  sureties  for  the  whole  penal  sum. 

Km-.  ('.  C.  P.,  L393. 

Cited.  In  re  Bailrv's  Kstate,  31  Nev.  383  ( lu",  ]«.  •_»:{•_>). 

.")IH4.    Doubtful   sureties— Reexamination  may  be  required— Citation— 

Additional  surety. 

SEC.  58.  Before  the  district  judge  approves  any  bond  required  by  this  act, 
he  may,  of  his  own  motion,  or  at  any  time  after  the  approval  of  such  bond, 
upon  motion  of  any  person  interested  in  said  estate  supported  by  affidavit 
that  any  one  or  all  of  such  sureties  is  or  are  not  worth  as  much  as  justified 
to,  order  a  citation  to  issue,  requiring  such  surety  or  sureties  to  appear  before 
him  at  a  particular  time  and  place,  to  testify  touching  his  or  their  property, 
and  its  value;  and  the  judge  shall  at  the  time  such  citation  is  issued  cause 
a  notice  or  subpena  to  issue  to  the  executor  or  administrator,  requiring  his 
appearance  at  the  return  of  the  citation.  Upon  the  return  of  the  citation 
the  judge  may  swear  the  surety  and  such  witnesses  as  may  be  produced 
touching  the  property  and  its  value  of  such  surety  or  sureties;  and  if  upon 
such  investigation  the  judge  is  satisfied  that  the  bond  is  insufficient,  he  may 
require  sufficient  additional  surety  within  such  time  as  may  be  reasonable. 

K.-rr.  C.  C.  P.,  i::!>4. 

ritrd.  in  iv  Bailry's  Estate, 31  Nev. 383  i  10:5  P.  2:52). 
•V.U.">.     hli'iii  —  Failure  to  <rive  surety— Rights  cease— New  appointee. 

SEC.  59.  If  sufficient  surety  is  not  given  within  the  time  fixed  by  the  judge's 
order,  or  such  further  time  as  the  judge  may  give,  the  right  of  such  executor 
or  administrator  to  the  administration  shall  cease,  and  the  person  next 
entitled  to  the  administration  on  the  estate,  who  will  execute  a  sufficient 
bond,  shall  be  appointed  to  the  administration. 

Kerr,  C.  C.  P..  I  :'.«»:>. 

Cited,  In  iv  Bailey's  Estate,  31  N«-v.  3S3  (103  P.  232). 

•V.H  ti.    Letters  testamentary  without  bond  when  will  so  provides— May.be 
required  for  cause. 

SEC.  60.  When  it  is  expressly  provided  in  the  will  of  a  deceased  that  no 
bond  shall  be  required  of  the  executor  or  executrix,  letters  testamentary  may 
issue  without  any  bonds  having  been  given ;  but  an  executor  or  executrix  to 
whom  letters  have  been  issued  without  bonds  may,  at  any  time  afterwards, 
whenever  it  shall  be  shown  for  any  cause  to  be  necessary  or  proper,  be 
required  to  approve  and  file  a  bond  as  in  other  cases. 

Kerr,  C.  C.  P.,  1396. 

5917.    Persons  interested  may  apply  for  additional  security. 

SEC.  61.  Whenever  any  person  interested  in  an  estate  shall  discover  that 
the  sureties  of  any  executor  or  administrator  have  become  or  are  becoming 
insolvent,  or  that  they  or  any  one  have  or  has  removed  from  or  are  or  is 
about  to  remove  from  the  state,  or  that  from  any  other  cause  the  bond  is 
insufficient,  such  person  may  apply  by  petition  to  the  district  judge  praying 
that  further  security  be  given. 

Kerr,  C.  C.  P.,  1397. 

Cited,  In  re  Bailey's  Estate,  31  Nev.  383  (103  P.  232). 


Sec.  5918  CIVIL  PRACTICE  1724 

5918.  Idem— Investigation— Citation  to  issue— How  served. 

SEC.  62.  If  the  district  judge  shall  be  satisfied  that  the  matter  requires 
investigation  he  shall  direct  the  clerk  to  issue  a  citation  to  the  party  com- 
plained of  requiring  him  to  appear  at  a  time  and  place,  to  be  therein  specified, 
to  show  cause  why  he  or  she  should  not  give  further  surety.  The  citation 
shall  be  served  personally  on  the  executor  or  administrator,  executrix  or 
administratrix,  at  least  five  days  before  the  return  day.  If  he  or  she  shall 
have  absconded  or  cannot  be  found,  it  may  be  served  by  leaving  a  copy  of  it 
at  his  or  her  last  place  of  abode. 

Kerr,  C.  C.  P.,  1398. 

5919.  Idem  —  Hearing  of    application  —  Additional    security  may   he 

required. 

SEC.  63.  On  the  return  of  the  citation,  or  at  such  other  time  as  the  judge 
may  appoint,  he  shall  proceed  to  hear  the  allegations  and  proof  of  the  parties. 
If  it  shall  satisfactorily  appear  that  the  security  is  from  any  cause  insufficient 
he  may  make  an  order  requiring  the  executor  or  administrator  to  give  addi- 
tional security,  or  to  file  a  new  bond  in  the  usual  form  within  such  reasonable 
time  as  the  judge  may  fix. 

Kerr,  C.  C.  P.,  1399. 

5920.  Idem— Letters  revoked  for  failure  to  comply. 

SEC.  64.  If  the  executor  or  administrator  neglect  to  comply  with  the 
order  within  the  time  prescribed,  the  judge  shall,  by  order,  revoke  his  letters, 
and  his  authority  shall  thereupon  cease. 

Kerr,  C.  C.  P.,  1400. 

5921.  Idem— Pending  application  court  may  suspend  authority. 

SEC.  65.  When  a  petition  is  presented  praying  that  an  executor  or 
administrator  be  required  to  give  further  security,  and  when  it  also  shall 
be  alleged  on  oath  or  affirmation  that  the  executor  or  administrator  is  wast- 
ing the  property  of  the  estate,  the  judge  may,  by  order,  suspend  his  powers 
until  the  matter  can  be  heard  and  determined. 

Kerr,  C.  C.  P.,  1401. 

5922.  Court  may  require  further  security  upon  own  motion. 

SEC.  66.  When  it  shall  come  to  his  knowledge  that  the  bond  of  any 
executor  or  administrator  is  from  any  cause  insufficient,  it  shall  be  the  duty 
of  the  district  judge,  without  any  application,  to  cause  him  to  be  cited  to 
appear  and  show  cause  why  he  should  not  give  further  security,  and  to  pro- 
cee,d  thereon  as  upon  the  petition  of  any  person  interested. 

Kerr,  C.C.P.,1402. 

5923.  Sureties  released,  how— Citation  and  hearing. 

SEC.  67.  When  any  one  or  all  of  the  sureties  of  any  executor  or  adminis- 
trator shall  desire  to  be  released  from  any  further  liability  as  such  surety, 
he  or  they  may  file  a  petition  with  the  clerk  praying  for  relief,  whereupon 
the  clerk  shall  issue  a  citation  to  the  executor  or  administrator  requiring  him 
to  appear  before  the  court,  at  a  time  to  be  therein  stated,  to  show  cause  why 
the  prayer  of  said  petition  should  not  be  granted  and  he  give  further 
security.  Such  citation  shall  be  served  personally,  and  made  returnable  not 
later  than  ten  days  from  its  date. 

Kerr,  C.  C.  P.,  1403. 

5924.  Idem— Released  sureties  not  liable  for  subsequent  acts. 

SEC.  68.  If  new  sureties  be  given  to  the  satisfaction  of  the  judge,  he  may 
thereupon  make  an  order  that  the  surety  or  sureties  who  applied  for  relief 
shall  not  be  liable  for  any  subsequent  act,  default  or  misconduct  of  the  execu- 
tor or  administrator. 

Kerr,  C.  C.  P.,  1404. 


1725  CIVIL  PRACTICE  Sec.  5930 

5925.    Letters  revoked  upon  failure  to  furnish  required  security. 

SEC.  69.  If  the  executor  or  administrator  neglect  or  refuse  to  give  new 
sureties  to  the  satisfaction  of  the  judge,  on  the  return  of  the  citation,  the  court 
or  judge  being  satisfied  the  citation  has  been  personally  served,  or  within 
such  reasonable  time  as  the  judge  shall  allow,  not  exceeding  five  days,  unless 
the  surety  or  sureties  petitioning  shall  consent  to  a  longer  extension  of  time, 
the  court  or  judge  shall  revoke  the  letters  granted. 

Kerr,  C.  C.  P.,  1405. 

5920.    Special  administrator  appointed,  when— Purpose. 

SEC.  70.  When  there  shall  be  a  delay  in  granting  letters  testamentary  or 
administration,  from  any  cause,  or  when  such  letters  shall  have  been  granted 
irregularly  or  no  sufficient  bond  shall  have  been  filed  as  required  by  law,  or 
when  no  petition  shall  be  filed  for  such  letters,  and  in  any  other  proper  case, 
the  district  judge  shall  appoint  a  special  administrator  to  collect  and  take 
charge  of  the  estate  of  the  deceased,  in  whatever  county  or  counties  the  same 
may  be  found,  and  to  exercise  such  other  powers  as  may  be  necessary  to 
preserve  the  estate. 

Kerr.  C.  C.  I'..  1411. 

5927.  [dem— Appointment, how  made— Letters,  hoft  issued. 

SEC.  71.  The  appointment  may  be  made  at  chambers,  and  without  notice, 
and  shall  be  made  by  entry  upon  the  minutes  of  the  court,  which  shall  specify 
the  powers  to  be  exercised  by  the  administrator.  Upon  such  order  being 
entered,  and  after  the  person  appointed  has  given  bonds,  as  fixed  by  the 
judge,  the  clerk  shall  issue  letters  of  administration,  with  a  certified  copy  of 
the  order  attached,  to  such  person. 

Kerr,  C.  C.  P.,  141'J. 

5928.  Idem— Who  to  have  preference— No  appeal  from  appointment. 

SEC.  72.  In  making  the  appointment  of  a  special  administrator,  the  dis- 
trict judge  shall  give  preference  to  the  person  or  persons  entitled  to  letters 
testamentary  or  of  administration,  but  no  appeal  shall  be  allowed  from  the 
appointment. 

Kerr,  C.  C.  P.,  141:;. 

5929.  Idem— Powers,  duties  and  liabilities— Not  to  pay  claims. 

SEC.  73.  The  special  administrator  shall  collect  and  preserve  for  the 
executor  or  administrator  when  appointed,  all  the  goods,  chattels  and  debts 
of  the  deceased,  all  incomes,  rents,  issues  and  profits,  claims  and  demands  of 
the  estate,  shall  take  charge  and  management  of,  enter  upon  and  preserve 
from  damage,  waste  and  injury  the  real  estate,  and  for  any  such  and  all  nec- 
essary purposes,  may  commence,  maintain  or  defend  suits  and  other  legal 
proceedings  as  an  administrator.  He  may  sell  such  perishable  estate  as  the 
district  court  may  order  to  be  sold,  and  may  exercise  such  other  powers  as 
may  have  been  conferred  upon  him  by  his  appointment;  but  in  no  case  shall 
he  be  liable  to  an  action  by  any  creditor,  on  any  claim  against  the  estate,  nor 
pay  any  claim  against  the  deceased. 

Kerr,  C.  C.  P.,  1415. 

5930.  Idem— Powers  cease  on  appointment  of  administrator— Duties. 

SEC.  74.  When  letters  testamentary  or  of  administration  shall  be  granted 
on  the  estate  of  the  deceased,  the  powers  of  the  special  administrator  shall 
cease,  and  he  shall  forthwith  deliver  to  the  executor  or  administrator  all  the 
property  and  effects  of  the  deceased  in  his  hands,  and  the  executor  or  admin- 
istrator may  be  permitted  to  prosecute  to  final  judgment  any  suit  commenced 
by  the  special  administrator. 

Kerr,  C.C.  P.,141<>. 

109 


Sec.  5931  CIVIL  PRACTICE  1726 

5931.  Idem— Duty  to  render  account. 

SEC.  75.  The  special  administrator  shall  also  render  an  account,  under  oath, 
of  his  proceedings  in  like  manner  as  other  administrators  are  required  to  do. 

Kerr,  C.  C.  P. ,1417. 

5932.  Special  administrator  appointed  to  succeed  executor. 

SEC.  76.  Whenever  an  executor  or  administrator  shall  die  or  his  letters 
be  revoked,  and  the  circumstances  require  the  immediate  appointment  of  an 
administrator,  the  district  judge  may  appoint  a  special  administrator,  as  pro- 
vided in  the  preceding  sections. 

Kerr,  C.  C.  P.,  1411. 

5933.  Remaining  executor  or  administrator  to  proceed  without  filling1 

vacancy. 

SEC.  77.  In  case  any  one  of  several  executors  or  administrators  of  the 
same  estate  to  whom  letters  shall  have  been  granted  shall  die,  become  luna- 
tic, be  convicted  of  an  infamous  crime,  or  otherwise  become  incapable  of 
executing  the  trust,  or,  in  case  the  letters  testamentary  or  of  administration 
shall  be  revoked  or  annulled  according  to  law  with  respect  to  any  one  execu- 
tor or  administrator,  the  remaining  executor  or  administrator  shall  proceed 
and  complete  the  execution  of  the  will  or  administration. 

kenyC.C.P.,1425. 

5934.  New  letters  to  issue  in  case  of  vacancy  for  any  cause— Bond- 

Powers. 

SEC.  78.  If  all  such  executors  or  administrators  shall  die  or  from  any 
cause  become  incapable  of  executing  the  trust,  or  the  power  and  authority  of 
all  of  them  shall  be  revoked  or  annulled  according  to  law,  the  district  court 
shall  direct  letters  of  administration  with  the  will  annexed  or  otherwise  to 
be  issued  to  the  widow,  next  of  kin  or  others,  in  the  same  manner  as  directed 
in  relation  to  original  letters  of  administration.  The  administrator  so 
appointed  shall  give  bond  in  like  penalty  with  like  sureties  and  conditions  as 
hereinbefore  required  of  administrators  and  shall  have  the  like  power  and 
authority. 

Kerr,  C.  C.  P. ,1411. 

5935.  Letters  of  administration  revoked  upon  proof  of  will— Account  to 

render. 

SEC.  79.  If  after  granting  letters  of  administration  on  the  ground  of 
intestacy,  a  will  of  the  deceased  shall  be  duly  proved  and  allowed  by  the 
court,  the  letters  of  administration  shall  be  revoked  and  the  power  of  the 
administrator  shall  cease,  and  he  shall  render  an  account  of  his  administra- 
tion within  such  time  as  the  court  shall  direct. 

Kerr,  C.  C.  P.,  1428. 

5936.  Idem— Powers  of  new  administration. 

SEC.  80.  In  such  case,  the  executor  of  the  will  or  the  administrator  with 
the  will  annexed  shall  be  entitled  to  demand,  sue  for  and  collect  all  the 
goods,  chattels  and  effects  of  the  deceased  remaining  unadministered,  and 
may  prosecute  to  final  judgment  any  suit  commenced  by  the  administrator 
before  the  revocation  of  his  letters. 

Kerr,  C.  C.  P.,  1424. 

« 

5937.  Resignation,  how  made— Account. 

SEC.  81.  Any  executor  or  administrator  may  at  any  time,  by  writing  filed 
in  the  district  court,  resign  his  appointment;  provided,  he  shall  first  settle 
his  accounts  and  deliver  up  all  the  estate  to  such  person  as  may  be  appointed 
by  the  court. 

Kerr,  C.  C.  P.,  1427. 


1727  CIVIL  PRACTICE  See.  5948 

5988.  Acts  done  before  revocation,  validity  of. 

SEC..  82.  All  acts  of  an  executor  or  administrator  as  such,  before  the 
revocation  of  his  letters  testamentary  or  of  administration,  shall  be  as  valid 
to  all  intents  and  purposes  as  if  such  executor  or  administrator  had  continued 
to  execute  lawfully  the  duties  of  his  trust. 

Kerr,  C.  C.  P. ,142s. 

5989.  Transcript  of  record  same  force  as  letters. 

SEC.  83.  A  transcript  from  the  minutes  of  court,  showing  the  appointment 
of  any  person  as  executor  or  administrator,  together  with  the  certificate  of 
the  clerk,  under  his  hand  and  the  seal  of  the  court  that  such  person  has 
given  bond  and  been  qualified,  and  that  letters  testamentary  or  of  adminis- 
tration have  been  issued  to  him,  and  have  not  been  revoked,  shall  have  the 
same  effect  in  evidence  as  the  letters  themselves. 

Kerr.  C.  C.  P.,  141". i. 

5940.  .lud<re.  when  disqualified  to  act. 

SEC.  84.  No  district  judge  shall  admit  to  probate  any  will,  or  grant  letters 
testamentary,  or  of  administration,  in  any  case  where  he  shall  be  interested 
as  next  of  kin  to  the  deceased  or  as  a  legatee  or  devisee  under  the  will,  or 
where  he  shall  be  named  as  executor  or  trustee  in  the  will,  or  shall  be  a  wit- 
ness thereto. 

Kerr,  C.  C.  P.,  mo. 

A   jud^e    who    was    ;i    stockholder   of  a   COF-  No.  forum  I    ;i  |.|dic:i  t  ion    for    the    calling    of 

jioratioii  present  ini:  ;i  claim  against  an  t'stat''  a  qualified  jud^e  to  pass  upon  a  claim  a^a  i  nst 

\vas    disqualified     from    passing    thereon,    and  ;m    estate    was     necessary     where    the    record 

should    c;ill    in    another    jlld^O    to    act.      State  disclosed      that      the     actiim     judtfO     was     dis- 

e.\    rel.    Bullion    ..V    Kxchanne    Hank    v.    Mack.  ([iialilied.      Idem. 

I'D  N--\ .  4:;n.  n::    i;<>  P.  862). 

5941.  Idem— Duty  to  call  other  judjre  to  act—  Retains  jurisdiction. 

SEC.  85.  When  any  district  judge  who  would  otherwise  be  authorized  to 
act  shall  be  precluded  from  acting  from  the  causes  mentioned  in  the  preced- 
ing section,  or  when  he  shall  in  any  manner  be  interested,  he  shall  call  a  dis- 
trict judge  of  another  district  to  hold  the  court  of  his  county;  and  such  judge 
shall  hold  such  court,  and  be  vested  with  all  the  powers  of  the  court  and 
judge  so  disqualified,  and  shall  retain  jurisdiction  as  to  all  subsequent  pro- 
ceedings in  regard  to  the  estate. 

Kerr,  ('.  C.  P.,  1431. 

See  State  e\  rel.  Bullion  &  Exchange  Bank  v.  Mack,  under  sec.  84  of  this  act. 

See  sec.  49±_>. 

5942.  I  n ventory ,  return  of. 

SEC.  86.  Every  executor  or  administrator  shall  make  and  return  to  the 
court,  within  twenty  days  after  his  appointment,  unless  the  court  shall 
extend  the  time,  a  true  inventory  and  appraisement  of  all  the  estate  of  the 
deceased  which  shall  have  come  to  his  possession  or  knowledge. 

Kerr,  C.  C.  P.,  1443. 
See  sees.  5943-5945,  6025. 

• 

5943.  Appraisement,  how  made— Compensation  of  appraisers— Inventory, 

what  to  include. 

SEC.  87.  For  the  purpose  of  making  the  appraisement,  the  court  or  judge 
shall  appoint  three  disinterested  persons,  any  two  of  whom  may  act,  and  who 
shall  be  entitled  to  a  reasonable  compensation  for  their  services,  to  be  allowed 
by  the  court.  This  compensation  as  allowed  shall  be  in  the  form  of  a  bill  of 
items  for  their  services,  including  all  necessary  disbursements,  which  shall 
be  sworn  to  by  them,  and  filed  at  the  same  time  as  the  inventory.  The  com- 
pensation shall  not  exceed  five  dollars  per  day  each,  and  may  be  paid  out  of 


Sec.  5944  CIVIL  PRACTICE  1728 

the  estate  at  any  time.     The  inventory  shall  include  all  the  estate  of  the 
deceased,  wherever  situated. 

Kerr,  C.  C.  P.,  1444. 
See  sec.  6025. 

That  the  appraisers  of  an  estate  were  not  just  accounts  of  the  executor  should  not  be 
disinterested  parties,  is  no  reason  why  the  settled  and  allowed.  Estate  of  Millenovico, 

5  Nev.  162,  178. 

5944.  Appraisers  to  take  oath— Appraisement,  how  made— Inventory, 

what  to  contain— Separate  and  community  property. 

SEC.  88.  Before  proceeding  to  the  execution  of  their  duty,  the  appraisers, 
before  any  officer  authorized  to  administer  oaths,  shall  take  and  subscribe 
an  oath  to  be  attached  to  the  inventory,  that  they  will  truly,  honestly  and 
impartially  appraise  the  property  which  shall  be  exhibited  to  them  or  called 
to  their  attention,  according  to  the  best  of  their  knowledge  and  ability.  They 
shall  then  proceed  to  appraise  the  property  of  the  estate,  each  article  or 
parcel  shall  be  set  down  separately  with  the  value  thereof  in  dollars  and 
cents,  in  figures  opposite  to  each  article  or  parcel  respectively.  The  inven- 
tory shall  contain  all  the  estate  of  the  deceased,  real  and  personal;  a  state- 
ment of  all  debts,  partnerships,  and  other  interests,  bonds,  mortgages,  notes, 
and  other  securities  for  the  payment  of  money,  belonging  to  deceased,  specify- 
ing the  name  of  the  debtor  in  each  security,  the  date,  the  sum  originally  pay- 
able, the  indorsements  thereon  if  any,  with  their  dates,  and  the  sum  which 
in  the  judgment  of  the  appraisers  may  be  collectible  on  each  debt,  interest  or 
security.  The  inventory  shall  also  show,  so  far  as  can  be  ascertained,  what 
portion  of  the  estate  is  community  property,  and  what  portion  is  the  separate 
property  of  the  deceased;  also  an  account  of  all  moneys  belonging  to  the 
deceased  which  shall  have  come  to  the  hands  of  the  executor  or  administrator. 

Kerr,  C.  C.  P.,  1445. 
See  sec.  6025. 

5945.  Executors  debt  to  decedent  not  discharged— Included  in  inventory. 

SEC.  89.  The  naming  of  any  person  as  executor  in  a  will  shall  not  operate 
as  a  discharge  of  any  just  claim  which  the  testator  had  against  such  person, 
but  the  claim  shall  be  included  in  the  inventory,  and  the  person  named  as 
executor  shall  be  liable  for  the  same,  or  for  so  much  money  in  his  hands  at 
the  time  the  debt  or  demand  becomes  due,  if  he  be  the  executor. 

Kerr,  C.  C.  P.,  1447. 

5946.  Discharge  of  debt  in  will  not  valid  against  creditors— How  con- 

strued. 

SEC.  90.  The  discharge  or  bequest  in  a  will  of  any  debt  or  demand  of  the 
testator  against  any  person  named  as  executor  in  his  will,  or  against  any 
other  person',  shall  not  be  yalid  against  the  creditors  of  the  deceased,  but 
shall  be  construed  as  a  specific  bequest  only  of  such  debt  or  demand;  and  the 
amount  thereof  shall  be  included  in  the  inventory  and  shall,  if  necessary,  be 
applied  in  payment  of  his  debts.  If  not  necessary  for  that  purpose,  it  shall 
be  disposed  of  in  the  same  manner  as  other  specific  legacies  or  bequests. 

Kerr,  C.  C.  P.,1448. 

5947.  Executor  or  administrator  to  make  oath  to  inventory— Contents  of. 

SEC.  91.  The  inventory  shall  be  signed  by  the  appraisers,  and  the  executor 
or  administrator  shall  take  and  subscribe  an  oath,  before  any  officer  author- 
ized to  administer  oaths,  that  the  inventory  contains  a  true  statement  of  all 
the  estate  of  the  deceased  which  has  come  to  his  possession  or  of  which  he 
has  knowledge,  and  particularly  of  all  moneys  belonging  to  the  deceased, 
and  of  all  just  claims  of  the  deceased  against  the  executor  or  administrator. 
The  oath  shall  be  indorsed  upon  or  annexed  to  the  inventory. 

Kerr,  C.  C.  P.,  1449. 
See  sec.  6025.    ' 


1729  CIVIL  PRACTICE  Sec.  5953 

5948.  Nonreturn  of  inventory— Cause  for  revocation  of  letters— Liability. 

SEC.  92.  If  an  executor  or  administrator  shall  neglect  or  refuse  to  return 
the  inventory,  within  the  time  prescribed,  or  within  such  further  time  as 
the  court  or  judge  shall,  for  good  cause,  allow,  the  court  may,  with  or  with- 
out further  notice,  revoke  the  letters  testamentary  or  of  administration,  and 
the  executor  or  administrator  shall  be  liable  on  his  bond  for  any  injury 
sustained  by  the  estate  through  his  neglect. 

Kerr,  C.C.  P.,  1450. 

5949.  Supplemental  inventory— A ppraisement— Enforcement. 

SEC.  93.  Whenever  any  property  not  mentioned  in  any  inventory  that 
shall  have  been  made  shall  come  to  the  possession  or  knowledge  of  the  exec- 
utor or  administrator,  he  shall  return  a  supplementary  inventory  of  such 
property  within  twenty  days  after  the  discovery  thereof  in  the  same  manner 
as  an  original  inventory.  If  the  first  appraisers  are  not  in  the  county  others 
may  be  appointed.  The  court  may  enforce  the  making  of  a  supplementary 
inventory  as  an  original. 

Kerr,  C.  C.  P.,  1451. 

Cited,  Lucich  v.  Medin,  3  Nev.  101  (93  A.  D.  370). 

5950.  Rijrht  of  possession— Duties  in  relation  to  property. 

SEC.  94.  The  executor  or  administrator  shall  have  a  right  to  the  posses- 
sion of  all  the  real  as  well  as  personal  estate  of  the  deceased,  and  may  receive 
the  rents  and  profits  of  the  real  estate  until  the  estate  shall  be  settled,  or 
until  delivered  over  by  order  of  the  district  court  to  the  heirs  or  devisees, 
and  shall  keep  in  good  tenantable  repair  all  houses,  buildings  and  fences 
thereon  which  are  under  his  control. 

Km-.  C.  C.  1'..  1  152,  1  153. 

Sec  sec.  6021. 

\Ylirn'  there  are  no  creditors  to  be  affected,  in  their  own  name  to  recover  any  property 

IK-  debts  outstanding  against  the  estate,  no  iM-lon^in^  to  the  estate.     Gossage  v.  Crown 

r^uitv    in    favor    of    tlie    administrator,    the  Point  G.  &  S.  M.  Co.,  14  Nev.  153,  156,  160. 
heirs' of  the  estate  have  the  right  of  posses-  Cited,  Price  v.  Ward,  25  Nev.  215  (46  L. 

si<m  ami   may   ItriiiL;  an  action  in  ejectment  K.  A.  4f>9,  58  P.  849). 

5951.  Personal  estate  first  dm  rjreable  for  debts  and  expenses— Real  estate 

may  be  sold. 

SEC.  95.  The  personal  estate  of  the  deceased  which  shall  come  into  the 
hands  of  the  executor  or  administrator  shall  be  first  chargeable  with  the 
payment  of  the  debts  and  expenses,  and  if  the  goods,  chattels,  rights  and 
credits  in  the  hands  of  the  executor  or  administrator  shall  not  be  sufficient 
to  pay  the  debts,  expenses  of  administration  and  the  allowances  to  the  family 
of  the  deceased  the  whole,  or  such  part  as  may  be  necessary  for  that  purpose, 
of  the  real  estate  may  be  sold  in  the  manner  prescribed  in  this  act. 

Kerr,  C.  C.  P.,  1516. 

5952.  Conversion  before  letters— Liability. 

SEC.  96.  If  any  person,  before  the  granting  of  letters  testamentary  or  of 
administration,  shall  convert  to  his  or  her  own  use,  take  or  alienate  any  of 
the  moneys,  goods,  chattels  or  effects  of  any  deceased  person,  he  shall  stand 
chargeable  and  be  liable  to  an  action  by  the  executor  or  administrator  of  the 
estate  for  double  the  value  of  the  property  so  converted,  taken  or  alienated, 
to  be  recovered  for  the  benefit  of  the  estate. 

Kerr,  C.  C.  P.,  1458. 

5953.  Idem— Proceedings  where  conversion  alleged— Expenses.     . 

SEC.  97.  If  any  executor  or  administrator,  heir,  devisee,  legatee,  creditor 
or  other  person  interested  in  the  estate  of  any  deceased  person  shall  com- 
plain, on  oath,  to  the  district  judge  that  any  person  has,  or  is  suspected  to 


Sec.  5954  CIVIL  PRACTICE  1730 

have,  concealed,  converted  to  his  or  her  own  use,  conveyed  away  or  other- 
wise disposed  of  any  moneys,  goods,  chattels  or  effects  of  the  deceased,  or 
that  he  has  in  his  possession  or  knowledge,  any  deeds,  conveyances,  bonds, 
contracts  or  other  writings  which  contain  evidence  of,  or  tend  to  disclose  the 
right,  title  or  interest  of  the  deceased  in  or  to  any  real  or  personal  estate,  or 
any  claim  or  demand,  or  any  last  will  of  the  deceased,  the  said  judge  may 
cause  such  person  to  be  cited  to  appear  before  the  district  court  to  answer, 
upon  oath,  upon  the  matter  of  such  complaint.  If  such  person  be  not  in  the 
county  when  letters  have  been  granted,  he  or  she  may  be  cited  and  examined 
either  before  the  district  court  of  the  county  where  he  may  be  found,  or 
before  the  court  issuing  the  citation.  But  if  in  the  latter  case  such  person 
appears  and  shall  be  found  innocent,  his  or  her  necessary  expenses  shall  be 
allowed*  out  of  the  estate. 

Kerr,  C.  C.  P.,1459. 

5954.  Idem  —  Refusing*  to  answer  complaint—Court  may  commit— -May 

order  delivery— Prima  facie  evidence— Witnesses. 

SEC.  98.  If  the  person  so  cited  should  refuse  to  appear  and  submit  to  such 
examination,  or  to  testify  touching  the  matter  of  such  complaint,  the  court 
may  commit  such  person  to  the  county  jail,  there  to  remain  confined  until  he 
or  she  shall  obey  the  order  of  the  court,  or  be  discharged  according  to  law, 
and  if  upon  such  examination  it  shall  appear  that  such  person  has  concealed, 
converted  to  his  or  her  own  use,  smuggled,  conveyed  away,  or  in  any  manner 
disposed  of  any  moneys,  goods  or  chattels  of  the  deceased,  or  that  he  has  in 
his  possession  or  under  his  control  any  deeds,  conveyances,  bonds,  contracts 
or  other  writings,  which  contain  evidence  of,  or  tend  to  disclose,  the  right, 
title,  interest  or  claim  of  the  deceased  to  any  real  or  personal  estate,  claim  or 
demand,  or  any  last  will  of  the  deceased,  the  district  court  may  make  an  order 
requiring  such  person  to  deliver  any  such  property  or  effects  to  the  executor 
or  administrator,  at  such  time  as  the  court  may  fix,  and  should  such  person 
fail  to  comply  with  such  order,  the  court  may  commit  he  or  she  to  the  county 
jail  till  such  order  shall  be  complied  with,  or  the  person  discharged  accord- 
ing to  law.  The  order  of  the  court  for  the  delivery  of  such  property  shall  be 
prima  facie  evidence  of  the  right  of  the  executor  or  administrator  to  such 
property  in  any  action  that  may  be  brought  for  the  recovery  thereof;  and 
any  judgment  recovered  therein  shall  be  for  double  the  value  of  the  prop- 
erty, and  damages  in  addition  thereto  equal  to  the  value  of  such  property. 
In  addition  to  the  examination  of  the  party,  witnesses  may  be  produced  and 
examined  on  either  side. 

Kerr,  C.  C.  P.,  1460. 

5955.  Person  entrusted  with  part  of  estate  may  be  cited  to  appeal-- 

Procedure. 

SEC.  99.  The  district  judge,  upon  the  complaint  on  oath  of  any  executor 
or  administrator,  may  cause  any  person  who  shall  have  been  intrusted  by  such 
executor  or  administrator  with  any  part  of  the  estate  of  the  decedent  to  be 
cited  to  appear  before  such  court  and  render  on  oath  a  full  account  of  any 
money,  goods,  chattels,  bonds,  accounts,  or  other  papers  or  effects  belonging 
to  the  estate  which  shall  have  come  into  his  possession  in  trust  for  the  execu- 
tor or  administrator,  and  if  the  person  so  cited  shall  fail  or  refuse  to  appear 
and  render  such  account,  he  or  she  may  be  proceeded  against  as  provided  in 
the  preceding  section. 

Kerr,  C.  C.  P.,  1461. 

5956.  Widow  or  children  may  retain  homestead— Provision  for  support. 

SEC.  100.  When  any  person  shall  die  leaving  a  widow  or  a  minor  child  or 
children,  the  widow,  child  or  children  shall  be  entitled  to  remain  in  possession 
of  the  homestead  and  of  all  the  wearing  apparel  and  provisions  on  hand  of 


1731  CIVIL  PRACTICE  Sec.  59HO 

the  family,  and  all  of  the  household  furniture,  and  shall  also  be  entitled  to  a 
reasonable  provision  for  their  support,  to  be  allowed  by  the  district  judge  at 
chambers  or  in  court. 

Kerr,  O.C.  P.,  1464. 

The    issue   as   to    whether  property   sought  in   possession   when  he  died,  the  presumption 

to   he  set   aside  to  a  widow  of  a   homestead  hein^    in    favor    of    the    community    in    such 

is  separate  or  community  property,  is  raised  case.     State  ex  rel.  Cook  v.  Langan,  32  Nev. 

hy  a  petition  showing  that  the  husband  was  176  (in.")   |\  .~>68). 

5957.    Property  set  apart  for  use  of  family  not  subject  to  administration. 

SEC.  101.  Upon  the  return  of  the  inventory  or  at  anytime  thereafter  during 
the  administration,  the  court  or  judge,  of  his  own  motion,  or  on  application, 
may  set  apart  for  the  use  of  the  family  of  the  deceased  all  personal  property 
which  is  exempt  by  law  from  execution,  and  the  homestead  as  designated  by 
the  general  homestead  law  now  in  force,  whether  such  homestead  has  there- 
tofore been  selected  as  required  by  said  law  or  not,  and  the  property  thus 
directed  to  be  set  apart  shall  not  be  subject  to  administration. 

Kerr.  C.  C.  I'..  I  K55. 

"The     homestead     as     designated      hy     the  exempted     in     fa\or    of    the    widow    or    minor 

general    homestead    law,"    which    the  jnd^e    is  child   or  children   of  a   deceased    person   from 

commanded    to   st-t    aside,    i-   not    a    homestead  the  payment    of  the  general   dehts  contracted 

that    lias   already    heeii    secured    hy    that    law,  hy    him    in    his    lifetime,   and    from    the   dehts 

hut   a    homestead   of  the  character  and   value  accruing     in     the    course    of    admin  ist  rat  ion. 

pre^.-rihed    hy    that     law.       Kstate    of    Walley.  Idem. 

11    Nev.  260,  262,  263,  267.  When     no    declaration     has     heen     filed     on 

The  expression   "may  set   apart    for  the  use  the    homestead    property,    no    joint    tenancy    is 

of    the    family    of    deceased"    must    he    consid-  created;     in     such     case,     if     it     was    common 

ered    as    imperati\e    and    mandatory    as    it'    it  property,    one  half    vested    in    the    wife    upon 

had    read    "shall    -et    apart."       Idem.  the    death     of    the     hushand,     and     the    other 

A    childless    widow    is   emhraced    within    the  half    vested     in     the    minor    children    of    said 

meaning      of      the      words      "familv      of      the  deceased    and    his    wife.      Smith    v.    Shrieves, 

deceased."     Idem.  i::  Nev,  :;<•:;,  :;L>:>. 

I'nder    the    prohate    act     the    homestead     is  See    In    re  Cook,   under  sec.   1^141',  ante. 

5!)r>K.     Idem—  Further   allowance   for  family  — Exempt    property  insuffi- 
cient—Time limit  iu  insolvent  estate. 

SEC.  102.  If  the  whole  property  exempt  by  law  be  set  apart,  and  should 
not  be  sufficient  for  the  support  of  the  widow,  child  or  children,  the  district 
court  or  judge  shall  make  such  reasonable  allowance  out  of  the  estate  as  shall 
be  necessary  for  the  maintenance  of  the  family  according  to  their  circum- 
stances during  the  progress  of  the  settlement  of  the  estate,  which  in  case  of 
an  insolvent  estate  shall  not  be  longer  than  one  year  after  granting  letters 
of  administration. 

Kerr.  C.  C.  P.,  1466. 

The  legislature  intended  to  embrace  within  deceased"  a  childless  widow.  Estate  of 
the  meaning  of  the  words  "family  of  the  Walley,  11  Nev.  260,  263,  267. 

5959.  Idem— Allowance,  priority  of  charge. 

SEC.  103.  Any  allowance  made  by  the  court  or  judge  in  accordance  with 
the  provisions  of  this  act  shall  be  paid  by  the  executor  or  administrator  in 
preference  to  all  other  charges,  except  funeral  charges. 

Kerr,  C1.  C.  P. ,1467. 

5960.  Property  set  apart,  how  apportioned  between  widow  and  children. 

SEC.  104.  When  property  shall  have  been  set  apart  for  the  use  of  the 
family,  in  accordance  with  the  provisions  of  this  act,  if  the  deceased  shall 
have  left  a  widow  and  no  minor  child,  such  property  shall  be  the  property  of 
the  widow.  If  he  shall  have  left  a  minor  child,  or  children  also,  the  one-half 
of  such  property  shall  belong  to  the  widow,  and  the  remainder  to  the  child, 
or  in  equal  shares  to  the  children,  if  there  be  more  than  one.  If  there  be  no 
widow,  the  whole  shall  belong  to  the  child  or  children. 

Kerr,  C.  C.  P..  1468. 

See  see.  L'ir,r,. 


Sec,  5961  CIVIL  PRACTICE  1732 

5961.  Estates  not  exceeding:  $500,  when  not  administered— How  and  to 

whom  set  apart— Affidavit. 

SEC.  105.  When  a  person  shall  die,  leaving  an  estate  the  whole  value  of 
which  does  not  exceed  five  hundred  dollars,  and  there  be  a  surviving  hus- 
band or  wife,  or  a  minor  child  or  children,  such  estate  shall  not  be  adminis- 
tered upon,  but  the  whole  thereof  shall  be  by  the  court  or  judge,  by  an  order 
for  that  purpose,  assigned  and  set  apart  for  the  support  of  the  surviving 
husband  or  wife,  or  minor  children  of  deceased,  or  for  the  support  of  the 
minor  child  or  children  if  there  be  no  surviving  husband  or  wife;  provided, 
that  the  whole  of  such  estate  even  though  there  be  a  surviving  husband  or 
wife,  may  in  the  discretion  of  the  court  be  set  aside  to  the  minor  child  or 
children  of  the  deceased  according  to  the  subserviency  of  the  best  interests 
of  such  minor  child  or  children.  Such  order  may  be  made  by  the  court  or 
judge  on  motion  made  by  or  on  behalf  of  the  surviving  husband  or  wife,  or 
next  friend  of  any  minor  child  or  children  upon  an  affidavit  setting  forth  the 
necessary  facts,  and  the  court  or  judge  being  satisfied  that  the  value  of  the 
whole  of  such  estate  does  not  exceed  five  hundred  dollars.  As  amended, 
Stats.  1911,  28. 

Kerr,  C.C.P.,1469. 

5962.  Property  set  apart  to  go  to  minor  children,  when. 

SEC.  106.  If  the  widow  has  a  maintenance  derived  from  her  own  property 
equal  to  the  portion  set  apart  to  her  under  the  provisions  of  this  act,  the  whole 
property  so  set  apart  shall  go  to  the  minor  children. 

Kerr,  C.  C.  P.,  1470. 

5963.  Notice  of  appointment  of  executor  published— What  to    specify - 

Posted  and  filed. 

SEC.  107.  Every  executor  or  administrator  shall,  immediately  after  his 
appointment,  cause  to  be  published  in  some  newspaper  published  in  the 
county,  if  there  be  one,  if  not,  then  in  such  newspaper  as  may  be  designated 
by  the  court  or  judge,  and  post  copies  thereof  in  three  public  places  of  the 
county,  a  notice  of  his  appointment  as  such  executor  or  administrator.  Such 
notice  shall  be  properly  entitled  of  court  and  cause,  specifying  the  date  of 
appointment,  the  name  of  deceased,  and  shall  be  dated  and  officially  signed 
by  the  executor  or  administrator,  and  shall  direct  that  all  persons  having 
claims  against  the  estate  are  required  to  file  the  same,  with  the  proper  vouch- 
ers and  statutory  affidavits  attached,  with  the  clerk  of  the  court  within  three 
months  from  the  date  of  the  first  publication  of  the  notice.  Such  notice  shall 
be  published  for  at  least  once  a  week  for  four  weeks.  After  the  notice  shall 
have  been  given  as  above  required,  a  copy  thereof,  with  the  affidavit  of  pub- 
lication and  posting,  shall  be  filed.  As  amended,  Stats.  1899,  110. 

Kerr,  C.  C.  P.,  1490. 

It  is  unnecessary  that  the  notice  to  be  reached  the  administratrix  within  the  proper 
given  by  an  executor  or  administrator  to  the  time  for  the  presentation  of  claims.  Idem. 
creditors  of  an  estate  should  specify  whether  There  is  no  such  officer  as  an  attorney  of 
the  place  where  the  claims  are  to  be  pre-  record  or  attorney  generally  for  an  estate, 
isented  is  his  place  of  residence  or  his  place  An  attorney's  employment  with  reference  to 
of  business.  Douglass  v.  Folsom,  21  Nev.  an  estate  must  always  be  in  a  particular 
441,  443-446  (33  P.  660).  matter,  and  with  that  matter  his  legal  con- 
Claims  against  an  estate  may  be  legally  nection  with  the  estate  ends.  Idem, 
presented  at  the  place  where  the  notice  A  claim  against  an  estate  of  a  decedent 
directs  them  to  be  presented,  without  regard  may  be  filed  after  the  expiration  of  the 
to  whether  the  executor  or  administrator  is  statutory  time  for  the  publication  of  the 
there  to  receive  them.  His  absence  from  notice  to  creditors  barring  unpresented 
the  state  makes  no  difference  in  this  rule.  claims,  where  it  appears  by  affidavit  of  the 
Idem.  claimant  that  he  had  no  notice,  as  the  pub- 
IJnder  the  statutes  of  Nevada  it  is  not  lication  of  such  notice  is  not  summons, 
a  sufficient  presentation  of  such  a  claim  to  Pacific  S.  L.  &  B.  Co.  v.  Fox,  25  Nev.  229, 
hand  it  to  the  "attorney  for  the  estate";  at  234,  235  (59  P.  4). 
least  not  without  showing  that  it  actually 


1733  CIVIL  PRACTICE  Sec.  5965 

5964.  Claims  not  filed  within  three  months  barred— Proviso. 

SEC.  108.  All  persons  having  claims  against  the  deceased  must,  within 
three  months  after  the  first  publication  of  the  notice  specified  in  the  preced- 
ing section,  file  the  same  with  the  necessary  vouchers  with  the  clerk  of  the 
court,  who  shall  file  and  register  each. claim.  If  a  claim  be  not  filed  with  the 
clerk  within  three  months  after  the  first  publication  of  said  notice,  it  shall 
be  forever  barred;  provided,  that  when  it  shall  be  made  to  appear  by  the 
affidavit  of  the  claimant,  or  by  other  proof  that  he  had  no  notice  as  provided 
in  this  act,  to  the  satisfaction  of  the  court  or  judge,  it  may  be  filed  at  any 
time  before  the  filing  of  the  final  account.  As  amended,  Stats.  1899,  111. 

Kerr,  C.C.I*.,  1493. 

A    joint    action    at   law   cannot    be   main-  tained.     Douglass    v.    Folsom,    22    Nev.    217, 

Mined  against  survivor  and  administrator  of  I'll)  (.'?8  P.  111). 

deceased  maker  <>t  a  promissory  note.  Maples  See  Pacific  States  S.  L.  &  B.  Co.  v.  Fox, 

.Her.   1    Nev.  L'33,  235.  25    Nev.  229,  234,  235(59  P.  4). 

In  a  suit  in  equity  against  the  representa-  A  mortgage  upon  the  lands  of  a  decedent 

rive    of   a    do-eased   person,   to   recover   the  may  be  foreclosed  whether  a  claim  thereon 

amount     of     the     unpaid     subscription,     of  has  been  filed  against  the  estate  or  not,  the 

deceased,   to   a    bank  corporation,   it   is   not  only   effect   of  a   failure  to  file   such   claim 

necessary  that  the  claim  should  be  presented  being  the  prevention  of  the  mortgagee  from 

for  allowance,  as  ordinary  claims  are  required  inn  king    any    deficiency    that    might    remain 

to   be   presented,   for  the   reason   that   such  after    exhausting    the    mortgaged    property 

unpaid  subscription  is  a  trust  fund  for- the  out  of  the  remainder  of  the  estate.     Kirman 

I. em-lit    of   the   creditors   of   the   bank,   and  v.  Powning,  L'.l  Nev.  378,  390  (60  P.  834). 

constitutes  no  part  of  the  estate  of  deceased  A    mortgage   is    something   more   than    "a 

persons.     Thompson   v.  Reno  Savings  Bank.  claim    against    the    deceased."     It    is   a   lien 

l.i  Xev.  L'42,  L'44  ( .'{  A.  S.  883,  9  P.  121).  upon  the  specific  property  described  therein, 

cited,    Douglas*    v.    Folsom,    21    Nev.   444  carrying  with  it  the  right, in  case  of  default, 

I'.  ii(50).  of  action  to  foreclose,  and  by  such  proceed- 

A  claim  against  an  estate  was  not  pre-  ings  have  applied  to  its  discharge  the  pre- 
sented to  the  executrix,  nor  was  it  presented  ceeds  arising  from  the  sale  of  the  specific 
at  the  place  designated  in  the  notice  to  property.  Idem. 

creditors    as    the    executrix's    place    of    resi-  The  district  judge  acting  in  probate  mat- 

dence  or  of  business,  but  was  presented  to  ters  has  no  .power  or  authority  to  determine 

an  attorney  who  was  acting  as  attorney  for  the  question  of  the  validity  or  invalidity  of 

the  estate.     The  cdurt  found  that  the  attor-  the  mortgage,  or  to  make  any  decree  or  order 

hey    \\as    authorized    by    the    executrix    to  for  the  sale  of  the  mortgaged  premises  upon 

receive  the  presentation  of  claims,  and  that  the  presentation  of  the  claim  as  defined  in 

lie  had  actually  presented  a  claim  in  ques-  the  statute.     His  allowance  or  rejection  of 

t.ion  to  the  executrix.     Evidence  examined,  the  claim  does  not  determine  the  validity  of 

and    held,  that   these   findings   are   not   sus-  the  lien  created  by  the  mortgage.     Idem. 

5965.  Claim  to  be  supported  by  affidavit— Form  of— Defective  affidavit, 

amendment  of. 

SEC.  109.  Every  claim  filed  with  the  clerk  shall  be  supported  by  the  affi- 
davits of  the  claimant  that  the  amount  is  justly  due  (or  if  the  claim  is  not 

yet  due,  that  the  amount  is  a  just  demand  and  will  be  due  on  the day  of 

.  _ . ) ,  that  no  payments  have  been  made  thereon  which  are  not  cred- 
ited, and  that  there  are  no  offsets  to  the  same  to  the  knowledge  of  the  claim- 
ant or  other  affiant;  provided,  that  when  the  affidavit  is  made  by  any  other 
person  than  the  claimant  the  reasons  why  it  is  not  made  by  the  claimant 
shall  be  set  forth  in  the  affidavit.  The  oath  may  be  taken  before  any  officer 
authorized  to  administer  oaths.  The  amount  of  interest  shall  be  computed 
and  included  in  the  statement  of  the  claim  and  the  rate  of  interest  deter- 
mined. The  court  may  in  its  discretion  for  good  cause  shown  allow  a  defect- 
ive affidavit  to  be  corrected  or  amended  on  application  made  at  any  time 
before  the  filing  of  the  final  account.  As  amended,  Stats.  1899,  111. 

Kerr,  C.  C.  P. ,1494. 

Where    an    administratrix    of    an    estate,  thereafter,    recover    back    the    amount    thus 

upon  a  full  knowledge  of  all  the  facts,  with-  paid.     Adams  v.  Smith,  19  Nev.  259,  278  (3 

out  any  fraud  or  deceit,  voluntarily  pays  a  A.  S.  888,  9  P.  337). 

debt  legally  due  from  the  estate  which  was  Cited,   Douglass   v.    Folsom,    21    Nev.   444 

never  presented   for  allowance,   she  cannot,  (33  P.  660). 


Sec.  59M  CIVIL  PRACTICE  1734 

See  Kirman  v.  Powning,  under  sec.  108  of  affidavit,  since  the  claimant  may,  in  ma  king 

this  act.  his  proofs  in  the   action   upon  the  rejected 

Cited,  Maples  v.  Geller,  1  Nev.  235.  claim,  reserve  any  question  growing  out  of 

In  an  action  by  a  claimant  on  a  rejected  the  abuse  of  the  court  of  its  discretion  in 

claim,  an  appeal  will  not  lie  from  an  order  such   matter.     Lonkey  v.  Powning,  25  Xev. 

refusing    permission    to    amend    a    defective  428,  430  (62  P.  235). 

5966.  Claim  of  judge  or  executor  may  be  filed. 

SEC.  110.  Any  district  judge  may  file  a  claim  against  the  estate  of  any 
deceased  person,  and  have  the  same  rights  and  remedies  in  reference  thereto 
as  any  other  creditor  filing  a  claim.  Any  executor  or  administrator  may  file 
a  claim  against  the  estate  of  any  deceased  person. 

Kerr,  C.  C.  P.,  1495. 

Cited,  Douglass  v.  Folsom,  21  Nev.  444  (33  P.  660). 

See  Kirman  v.  Powning,  under  sec.  108  of  this  act. 

5967.  Executor  to  examine  all  claims— When  deemed  rejected— Judge  to 

approve— Allowance  after  time  limitation— Claims  founded  on 
written  instrument,  how  prepared. 

SEC.  111.  Within  fifteen  days  after  the  time  for  filing  claims  has  expired, 
as  hereinbefore  provided,  the  executor  or  administrator  shall  examine  all 
claims  filed,  and  endorse  on  each  claim  his  allowance  or  rejection  with  the 
day  and  the  year  thereof,  and  within  five  days  after  the  fifteen  days  in  this 
section  first  specified,  the  executor  or  administrator  shall  present  all  claims 
allowed  by  him  to  the  district  judge  for  his  approval  or  rejection.  If  an 
executor  or  administrator  refuse  or  neglect  to  endorse  on  a  claim  his  allow- 
ance or  rejection  within  fifteen  days,  as  above  specified,  the  claim  shall  be 
deemed  rejected,  but  the  executor  or  administrator  may  nevertheless  allow 
said  claim  at  any  time  before  the  filing  of  the  final  account.  All  claims, 
when  approved  by  the  judge,  shall  be  ranked  among  the  acknowledged  debts 
of  the  estate,  to  be  paid  in  due  course  of  administration.  If  the  claim  be 
founded  upon  a  bond,  bill,  note  or  other  instrument  the  original  instrument 
need  not  be  filed,  but  a  copy  with  all  endorsements  may  be  attached  to  the 
statement  of  the  claim  and  filed  therewith,  and  if  the  claim  be  secured  by 
mortgage  or  other  evidence  of  lien,  it  shall,  or  a  certified  copy  from  a  record, 
be  attached  to  the  claim  and  filed  therewith.  As  amended,  Stats.  1899,  111. 

Kerr,  C.  C.  P.,  1496. 

An  action  of  foreclosure  cannot  be  main-  debts    is    that    the    former    shall    have    the 

tained  against  the  estate  of  a  deceased  mort-  proceeds  of  the  security  applied  to  its  pay- 

gageor  after  the  note  or  mortgage  has  been  ment,  if  the  security  is  sold.     Idem, 
allowed  as  a  valid  claim  against  the  estate  The  words  "may"  and  "shall"  in  the  last 

and  before  the  final  settlement,  where  there  clause  of  this  section  are  directory.     Kirman 

are  no  parties  affected  except  the  claimant  v.  Powning,  25  Nev.  378  (60  P.  834). 
and   the   administrator.     Corbett   v.   Bice,   2  The   rejection   of  a   claim  for  any  reason 

Nev.  330,  333,  336,  337.  is  not  a  final  determination  of  the  rights  of 

The  word  "claim"  includes  secured  as  well  a  claimant.     He  may  institute  a  suit  thereon 

as  unsecured  claims.     Idem.  and  reserve  all  questions  affecting  his  right' 

Cited,    Douglass    v.    Folsom,    21    Nev.    444  for  review  in  the  appellate  court.     Lonkov 

(33  P.  660).  v    Powning,  25  Nev.  428  (62  P.  235). 

The  only  distinction  which  the  law  seems  Cited,  State  ex  rel.  Bullion  and  Exchange 

to    make    between    secured    and    unsecured  Bank  v.  Mack,  26  Nev.  442  (59  P.  862). 

5968.  Rejected  claim,  notice  of— Holder  may  bring  suit— Time  of— Barred, 

when— Nonresident,  notice  to. 

SEC.  112.  When  a  claim  is  rejected  by  the  executor  or  administrator,  or 
the  district  judge,  the  holder  shall  be  immediately  notified  by  the  executor 
or  administrator,  and  such  holder  must  bring  suit  in  the  proper  court  against 
the  executor  or  administrator  within  thirty  days  after  such  notice,  whether 
the  claim  is  due  or  not,  otherwise  the  claim  shall  be  forever  barred.  If  the 
holder  of  a  claim  resides  out  of  the  state  he  may  be  informed  of  the  rejection 


1735  '  CIVIL  PRACTICE  Sec.  5973 

of  his  claim  by  written  notice  forwarded  to  his  postoffice  address  by  regis- 
tered mail.     As  amended,  Stats.  1899,  112. 

Kerr,  C.  C.  P.,1498. 

cited,    Douglass   v.    Folsom,    21    Nev.    444  This  twelve  months'   extension  applies  to 

(.".:;  P.  660);  Kennedy  v.  Adams,  24  Nev.  217.  all  classes  of  cases,  as  well  those  debts  con- 

L'lM)  (.11  P.  840);  Corbett  v.  Bice,  2  Nev.  336.  tracted    out    of    the    state,    and    which    are 

Where    a    party    dies    owing    a    debt    not  otherwise  barred  by  six  months'  limitation, 

barred  by  the  statute  of  limitations  at  his  as  others.     Idem. 

death,  tlu>  holder  of  the  claim  has  one  year  Where,  in  a  suit  to  declare  a  deed  a  mort- 

at'tor  administration  granted  on  the  debtor's  gage   and   to  foreclose   it,   no  judgment  for 

estate    within     which    to    bring    his    action,  any  deficiency  was  demanded  or  granted  by 

although  the  action  would  have  been  barred  the    judgment     directed    only    against    the 

in  less  than  one  year,  if  the  debtor  had  lived.  premises,    the    fact    that    the    suit    was    not 

Wi.-k  v.  O'Neale,  2  Nev.  303,  304.  hr-iin   within  the  time  required  by  the  pro- 

The   extension   of   time   within    which   the  bale    art,    after    the    rejection    of   a    demand 

fiction    may    be    brought    is    subject    only    to  by    the    executrix    of   the    deceased    grantor, 

this   qualification,   that   if  the   claim   is   pre-  uas    immaterial,    though    the    executrix    was 

sented  to  the  administrator  and  rejected,  suit  made   party  defendant.     Fox  v.  Bernard,  2!) 

must  lie  brought  thereon  within  three  months  \e\.   127  (85  P.  351). 
after  rejection.       Idem. 

5961).    Claim  barrnl  by  statute  not  to  be  allowed. 

SEC.  113.  No  claim  shall  be  allowed  by  the  executor  or  administrator  or 
the  district  judge  which  is  barred  by  the  statute  of  limitations  at  the  time  of 
the  death  of  the  person  whose  estate  is  being  administered. 

Kerr.C.C.  P.,  1  !'.«». 

A  waiver  of  a  statute  by  an  administrator,  are  invalid.  Jones  v.  Powning,  25  Nev.  399, 
and  his  allowance  of  a  claim  barred  thereby,  403  (60  P.  833). 

5970.  Action  not  maintained  unless  on  claim  filed. 

SEC.  114.  No  holder  of  any  claim  against  an  estate  shall  maintain  any 
action  thereon  unless  it  shall  have  been  first  filed,  and  under  the  conditions 
hereinbefore  specified.  ' 

Kerr,C.C.  P.,  l.m 

See  Thompson  v.  Ken..  Sa\  ings  I'.ank,  under  sec.  10H  of  this  act. 

See  Corbett  v.  Rice,  under  sec.  117  of  this  act. 

Cited,  Douglass  v.  Folsom,21  Nev.  HI  (38  P.  (iliO);  Dou-hss  v.  Folsom,  22  Nev.  2I<)  CIS  P. 
Ill):  Kin. .an  v.  Powninj;,  25  NVv.  .".'.»:;< <i()  P.  SI54). 

5971.  Vacancy  in  administration  not  counted  in  limitation. 

SEC.  115.     The  time  during  which  there  shall  be  a  vacancy  in  the  adminis- 
tration shall  not  be  included  in  any  limitations  herein  prescribed. 
Kerr,  C.  C.  P.,  1501. 
Cited,  Douglass  v.  Folsom,  21  Nev.  444  (.",:$  P.  (ittO). 

5972.  Action  pending— Claim  to  be  filed  for. 

SEC.  116.  If  an  action  be  pending  against  the  deceased  at  the  time  of  his 
or  her  death,  the  plaintiff,  in  like  manner,  shall  file  his  claim  with  the  clerk, 
and  no  recovery  shall  be  had  in  the  action  unless  proof  be  made  of  such  filing. 

Kerr,  C.  C.  P.,  1502. 

5978.    Amount  of  allowance  indorsed   on  claim— Allowance  in  part- 
Action— Costs. 

SEC.  117.  Whenever  the  executor  or  administrator  or  the  district  judge 
shall  act  upon  any  claim  that  may  be  filed,  he  shall  indorse  on  the  claim  the 
amount  he  is  willing  to  allow,  and  should  the  creditor  refuse  to  accept  the 
amount  allowed  in  satisfaction  of  his  claim  he  shall  recover  no  costs  in  ^any 
action  which  he  may  bring  on  such  claim  against  the  executor  or  adminis- 
trator, unless  he  shall  recover  a  greater  amount  than  that  offered  to  be  allowed. 

Kerr,  C.  C.  P.,  1503. 

The    statute    does    not    prohibit    bringing       than  the  administrator  was  willing  to  allow. 
suit  on  an  allowed  claim,  but  simply  denies       Corbett  v.  Eice,  2  Nev.  330,  336,  337. 
the   plaintiff   costs   if   he   recovers   no   more 


See.  5974  CIVIL  PRACTICE  1736 

51)74.    Effect  of  judgment— Certified  copy  tiled— Execution  not  to  issue. 

SEC.  118.  The  effect  of  any  judgment  rendered  against  any  executor  or 
administrator  upon  any  claim  for  money  against  the  estate  of  his  testator  or 
intestate,  shall  only  be  to  establish  the  claim  in  the  same  manner  as  if  it  had 
been  allowed  by  the  executor  or  administrator  and  the  district  judge,  and  the 
judgment  shall  be  that  the  executor  or  administrator  pay  in  due  course  of 
administration  the  amount  ascertained  to  be  due.  A  certified  copy  of  the 
judgment  shall  be  filed  in  the  estate  proceedings.  No  execution  shall  issue 
upon  such  judgment  nor  shall  it  create  any  lien  upon  the  property  of  the 
estate  or  give  the  judgment  creditor  any  priority  of  payment. 

Kerr,  C.  C.  P.,  1504. 

Cited,  Corbett  v.  Rice,  2  Nev.  233. 

5975.  Judgment  before  death— Execution  not  to  issue  unless  levied  before 

death. 

SEC.  119.  When  any  judgment  has  been  rendered  against  the  deceased  in 
his  or  her  lifetime  no  execution  shall  issue  thereon  after  his  or  her  death; 
but  a  certified  copy  of  such  judgment  shall  be  attached  to  the  statement  of 
claim  filed  with  the  clerk  and  shall  be  acted  on  as  any  other  claim;  provided, 
however,  that  if  an  execution  has  been  actually  levied  upon  any  property  of 
the  deceased  the  same  may  be  sold  for  the  satisfaction  thereof  and  the  officer 
making  the  sale  shall  account  to  the  executor  or  administrator  for  any  sur- 
plus in  his  hands. 

Kerr,  C.  C.  P.,  1505. 

5976.  Liability  for  costs. 

SEC.  120.  When  a  judgment  has  been  recovered  with  costs  against  any 
executor  or  administrator  the  executor  or  administrator  shall  be  personally 
liable  for  the  costs,  but  they  shall  be  allowed  him  in  his  administration 
accounts  unless  it  shall  appear  that  the  suit  or  proceeding  in  which  the  costs 
were  taxed  shall  have  been  prosecuted  or  resisted  without  just  cause. 

Kerr,  C.  C.  P.,  1509. 

5977.  Claim  of  executor,  judge  to  pass  upon. 

SEC.  121.  If  an  executor  or  administrator  is  himself  a  creditor  of  the 
deceased,  he  shall  as  any  other  creditor  file  his  claim  with  the  clerk,  and  the 
district  judge  shall  allow  or  reject  it,  and  its  allowance  by  the  judge  shall  be 
sufficient  evidence  of  its  correctness. 

Kerr,  C.  C.  P..  1510. 

5978.  Failure  to  give  notice  to  creditors  cause  for  revocation. 

SEC.  122.  If  any  executor  or  administrator  shall  neglect  for  fifteen  days 
after  his  appointment  to  give  notice  of  his  appointment,  as  hereinbefore  pre- 
scribed, it  shall  be  the  duty  of  the  court  to  revoke  his  letters. 

Kerr,  C.  C.  P.,  1511. 

5979.  Statement  of  claims  to  be  filed,  what  set  forth. 

SEC.  123.  Within  ten  days  after  the  expiration  of  the  time  for  the  judge 
to  approve  or  reject  claims,  the  executor  or  administrator  shall  file  a  state- 
ment of  all  claims  filed  against  the  estate,  and  at  any  other  time  the  court 
may  order.  In  all  such  statements  he  shall  designate  the  names  of  the  cred- 
itors, the  character  of  each  claim,  when  it  became  or  will  become  due,  and 
whether  allowed  or  rejected. 

Kerr,  C.  C.  P.,  1512. 

See  In  re  Cook,  33  Nev.—  (117  P.  27),  under  sec.  2142,  ante. 

5980.  Sale  of  property— When  not  valid— Options,  leases  and  bonds  on 

mining  property— Copies  filed  with  clerk— Deeds. 
SEC.  124.     No  sale  of  any  property  of  an  estate  of  a  deceased  person  shall 


1737  CIVIL  PRACTICE  Sec.  5982 

be  valid  unless  made  under  an  order  of  the  district  court,  except  as  other- 
wise provided  in  this  act  or  other  acts;  provided,  that  when  the  personal 
property  of  an  estate  is  insufficient  to  pay  the  debts  and  expenses  of  admin- 
istration, the  administrator  or  executor  of  such  estate  may,  with  the  approval 
of  the  district  judge  written  thereon,  give  options  and  execute  written  bonds 
and  working  leases  and  other  writings  for  the  working  or  sale  of  mines, 
mining  claims  and  mining  property;  and  upon  the  performance  of  said  writ- 
ten and  approved  contracts,  may  execute  deeds  of  conveyance  of  the  prop- 
erty so  contracted  to  be  sold,  and  said  deeds  shall  convey  to  the  grantees 
therein  all  the  right,  title,  estate  and  claim  of  the  deceased  at  the  time  of 
his  death,  or  which  his  estate  may  have  acquired  since  his  death,  by  opera- 
tion of  law  or  otherwise,  to  the  mines,  mining  claims  and  mining  properties 
described  therein  and  in  said  written  and  approved  contracts.  (SEC.  2.  )  A 
copy  of  all  such  approved  contracts  or  writings  shall  be  filed  with  the  clerk 
of  the  court  having  jurisdiction  of  the  settlement  of  said  estate  and  be  a  part 
of  the  record  of  the  settlement  of  said  estate.  As  amended,  Stats.  1905,  69. 

Krrr.  ('.('.  I'.,  1--)17. 

<'itod,  Corbett  v.  Bice,  2  Nev.  232;   Kir-  of  their  acts  depends  upon  a  compliance  with 

111:111  v.  I  'owning,  25  Nev.  379,397  (60  P.  834).  its  provisions,  hut  the  act   has  no  application 

1'n.l.atr   art    regulates   the   pnx-t>(>cliii«rs   of  to  a  case  like  tin-  present,  where  the  execu- 

exerutors   and    administrators   as   such,   and,  trix  is  owner  of  the  residuary  estate.      Hunt 

acting   in  that  capacity  alone,  the  validity  v.  Hunt,  11  Nev.  44i\  4.~><). 


Application  for  order  of  sale  on  petition—  Objections  —  Hearing. 
SEC.  125.     All  applications  for  orders  of  sale  shall  be  by  petition  in  writing, 
in  which  shall  be  set  forth  the  facts  showing  the  sale  to  be  necessary,  and, 
upon  the  hearing,  any  person  interested  in  the  estate  may  file  written  objec- 
tions, which  shall  be  heard  and  determined. 

Krrr.  C.  C.  P.,  1-">!H. 

5982.    Sale   of  perishable   properly  --  Personal    property—  Procedure  - 
Orders—  Property  bequeathed. 

SEC.  126.  At  any  time  after  receiving  letters  the  executor,  administrator 
or  special  administrator  may  apply  to  the  court  or  judge  for  an  order  to  sell 
the  perishable  property  of  the  estate,  or  so  much  of  other  property,  if  neces- 
sary, to  pay  the  allowance  made  to  the  family  of  deceased.  If  there  be  a 
delay  in  obtaining  such  order,  such  property  may  be  sold  without  an  order  of 
sale;  provided,  that  the  executor,  administrator  or  special  administrator  shall 
be  held  responsible  for  the  property  sold  by  him,  unless,  after  making  a  sworn 
return,  the  court  shall  confirm  the  sale.  If  claims  against  the  estate  have 
been  allowed,  and  a  sale  of  property  shall  be  necessary  for  their  payment,  or 
of  the  expenses  of  the  administration,  the  executor  or  administrator  may 
also  apply  for  an  order  to  sell  so  much  of  the  personal  property  as  may  be 
necessary.  Upon  filing  his  petition,  notice  of  at  least  five  days  shall  be  given 
of  the  hearing  of  the  application,  either  by  posting  or  publishing,  as  the  court 
or  judge  may  order.  A  similar  application  may  be  made  from  time  to  time 
to  the  court  or  judge  at  chambers  as  long  as  any  personal  property  remains 
in  his  hands,  and  a  sale  thereof  is  necessary;  and  if  he  deem  it  for  the 
best  interest  of  the  estate,  he  may  at  any  time  after  the  filing  of  the  inven- 
tory make  a  like  application,  and  after  giving  like  notice,  for  an  order  to  sell 
the  whole  of  the  personal  property  belonging  to  the  estate;  and  if  on  the 
hearing  it  shall  be  made  to  appear  that  a  sale  is  necessary,  or  for  the  best 
interest  of  the  estate,  the  court  or  judge  shall  order  it  to  be  made.  In  making 
such  sales  the  court  or  judge  shall  order  such  articles  as  are  not  necessary  for 
the  support  and  subsistence  of  the  family  of  the  deceased,  or  are  not  specially 
bequeathed,  to  be  first  sold.  Articles  so  bequeathed  shall  not  be  sold  until 
the  residue  of  the  personal  property  has  been  applied  to  the  payment  of  the 
debts  and  expenses  of  administration. 

Kerr,  C.C.P.,1522. 


Sec.  5983  CIVIL  PRACTICE  1738 

5983.  Sale  of  personal  property,  how  made— Notice,  time  and  place. 
SEC.  127.     The  sale  of  personal  property  shall  be  made  at  public  auction, 

and  after  public  notice  given  at  least  ten  days,  unless  for  good  reasons  shown, 
the  court  or  judge  shall  order  a  private  sale  or  a  shorter  notice.  Public  sales 
of  such  property  shall  be  made  at  the  court-house  door,  at  the  residence  of 
the  deceased,  or  at  some  other  place  to  be  mentioned  in  the  notice,  and  no 
sale  shall  be  made  of  any  property  which  is  not  present  at  the  time  of  selling. 

Kerr,  C.  C.P.,1526. 

5984.  Idem— Notice,  how  given. 

SEC.  128.  The  notice  shall  specify  the  time  and  place,  and  shall  be  given 
by  posting  in  -three  public  places  of  the  county,  or  by  publication  in  a  news- 
paper, as  the  court  or  judge  shall  order. 

Kerr,  C.  C.  P.,  1526. 

5985.  Real  estate  may  be  sold,  when. 

SEC.  129.  When  the  personal  estate  of  the  deceased  shall  be  insufficient 
to  pay  the  allowance  to  the  family,  the  debts  of  the  deceased,  expenses  of 
last  illness  and  funeral,  and  the  charges  and  cost  of  administration,  the 
executor  or  administrator  may  petition  to  have  the  real  estate  sold  for  such 
purpose. 

Kerr,  C.  C.  P.,  1536. 

Property  may  be  mortgaged,  sec.  6146. 

5986.  Idem— Petition  for  order  to  sell— What  to  show. 

SEC.  130.  Such  petition  shall  be  presented  to  the  district  court  or  the 
judge  at  chambers,  setting  forth  the  amount  of  personal  estate  that  has  come 
to  the  hands  of  the  petitioner,  and  how  much  thereof,  if  any,  remains  undis- 
posed of;  the  debts  outstanding  against  the  deceased,  as  far  as  the  same  can 
be  ascertained  or  estimated;  the  amount  due  upon  the  family  allowance  or 
that  will  be  due  after  the  same  shall  have  been  in  force  for  one  year;  the 
sum,  if  any,  due  for  last  sickness  and  funeral  of  deceased;  the  costs  and 
expenses  of  the  administration  already  accrued  and  an  estimate  of  what  will 
or  may  accrue  during  the  administration ;  a  description  of  all  the  real  estate 
of  which  the  deceased  died  seized,  or  in  which  he  or  she  had  any  interest  or 
in  which  the  estate  has  acquired  any  interest,  and  the  condition  and  value  of 
the  respective  portions  and  lots,  and  whether  the  same  be  community  or  sep- 
arate property;  the  names,  ages  and  residence  of  the  devisees  or  legatees,  if 
any,  and  of  the  heirs  of  the  deceased,  which  petition  shall  be  verified  by  the 
oath  of  petitioner.  If  all  of  said  matter  cannot  be  ascertained  it  shall  be  so 
stated  in  the  petition. 

Kerr,  C.  C.  P.,  1537. 

5987.  Idem— Order  to  show  cause  to  all  interested  parties— Time  of 

hearing. 

SEC.  131.  If  it  shall  appear  to  the  court  or  judge  by  such  petition  that  it 
is  necessary  to  sell  the  whole  or  some  part  of  the  real  estate  for  the  purposes 
therein  mentioned,  or  any  one  of  them,  such  petition  shall  be  filed,  and  an 
order  thereupon  made  directing  the  clerk  to  issue  a  notice  to  all  persons  inter- 
ested in  the  estate  to  be  and  appear  before  the  court  at  a  time  and  place  speci- 
fied, not  less  than  three  weeks  nor  more  than  six  weeks  from  the  date  of  such 
notice,  to  show  cause  why  an  order  should  not  be  granted  to  authorize  the 
executor  or  administrator  to  sell  so  much  of  the  real  estate  as  may  be  neces- 
sary. 

Kerr,  C.  C.  P.,  1538. 

5988.  Idem— Notice,  how  served— Parties  may  assent. 

SEC.  132.     A  copy  of  such  notice  shall  be  personally  served  on  all  persons 


1739  CIVIL  PRACTICE  Sec.  5998 

in  the  county  interested  in  the  estate  at  least  five  days  before  the  time  speci- 
fied in  the  notice,  or  shall  be  published  at  least  two  successive  weeks  in  such 
newspaper  as  the  court  or  judge  shall  order;  provided,  however,  if  all  persons 
interested  in  the  estate  signify  in  writing  their  assent  to  such  sale,  the  notice 
may  be  dispensed  with. 
Kerr.C.  C.  I'..  1539. 

.V.M).     Idem  — Proof  of  notice— Hearing  of  application. 

SEC.  133.  The  district  court,  at  the  time  and  place  specified  in  such  notice, 
or  at  such  other  time  as  the  hearing  may  be  adjourned  to,  upon  satisfactory 
proof  of  the  due  service  or  publication  of  the  notice,  by  affidavit  or  otherwise, 
shall  proceed  to  the  hearing  of  the  petition  and  any  opposition  that  may  be 
filed. 

K.MT.  C.  C.  1'..  l'»4t>. 

•V.MMI.  Idem— Service  on  guardian  of  minor— Attorney  may  he  appointed 
tor  minor,  creditors  or  heirs. 

SEC.  134.  If  any  of  the  legatees,  devisees  or  heirs  of  the  deceased  are 
minors,  and  have  a  general  guardian  in  the  county,  a  copy  of  the  notice  shall 
be  served  upon  such  guardian.  If  they  have  no  guardian,  the  court  or  judge 
shall,  at  the  time  of  filing  said  petition,  or  before  proceeding  to  act  upon  it, 
appoint  some  disinterested  person  their  attorney,  for  the  purpose  of  appear- 
ing for  them  in  the  proceeding,  and  taking  care  of  their  interests.  The  court 
or  judge  may  also,  if  deemed  necessary,  appoint  such  attorney  for  the  heirs, 
devisees  or  legatees,  if  they  are  unrepresented,  whether  minors  or  otherwise, 
and  may  likewise  appoint  an  attorney  for  the  creditors  if  unrepresented. 

Kerr,  C.  C.  I'.,  l.vio. 

.V.W1.     Idem— Witness  examined— Process  for. 

SEC.  135.  The  executor  or  administrator  may  be  examined  and  witnesses 
on  the  part  of  any  party  interested,  and  process  to  compel  their  attendance 
and  testimony  may  issue  in  the  same  manner  and  with  like  effect  as  in  other 
cases. 

Kerr,C.  C.  P..  l">41. 

.V.W2.     Idem— Order  of  sale  of  whole  or  part. 

SEC.  136.  If  it  shall  appear  to  the  court  that  it  is  necessary  to  sell  a  part 
of  the  estate,  real  or  personal,  and  that  by  a  sale  of  such  part  the  residue  of 
the  estate,  or  some  specific  part  or  piece  thereof  would  be  greatly  injured  or 
diminished  or  subject  to  expense,  or  rendered  unprofitable,  the  court  may 
authorize  the  sale  of  the  whole  estate,  or  such  part  as  may  be  judged  neces- 
sary and  most  beneficial  for  the  interests  of  all  concerned. 

Kerr,  (\  C.  P.,  l.vn>. 

•V.MKi.     Idem— (h-der  to  specify,  \vhat— Sale,  how  made— Credit  allowed— 

Devised  portion— Sale  may  be  compelled. 

SEC.  137.  The  order  shall  specify  the  lands  to  be  sold  and  the  terms  of 
the  sale,  which  may  be  either  for  cash  or  on  a  credit  not  exceeding  one  year, 
payable  in  gross  or  installments  with  interest  as  the  court  may  direct.  If  sold 
on^  a  credit  the  purchaser  shall  give  his  promissory  note  with  security  for 
deferred  payments,  which  shall  also  be  a  lien  upon  any  real  estate  sold.  The 
tract  or  tracts  of  land  may  be  sold  in  one  parcel  or  in  subdivisions,  as  the 
executor  or  administrator  shall  judge  most  beneficial  to  said  estate,  unless 
the  court  shall  otherwise  specially  direct.  If  it  appears  that  any  part  of  such 
real  estate  has  been  devised  and  not  charged  in  such  devise  with  the  pay- 
ment of  debts  or  legacies,  the  court  shall  order  that  part  descending  to  the 
heirs  to  be  sold  before  that  devised.  Every  such  sale  shall  be  made  at  public 
auction  unless,  in  the  opinion  of  the  court,  it  would  benefit  the  estate  to  sell 


Sec.  5994  CIVIL  PRACTICE  1740 

the  whole  or  some  part  of  the  real  estate  at  private  sale,  in  which  case  the 
court  may  order  or  direct  such  real  estate,  or  any  part  thereof,  to  be  sold  at 
either  public  or  private  sale,  as  may  be  made  to  appear  most  beneficial  to  the 
estate.  If  the  executor  or  administrator  shall  neglect  or  refuse  to  make  a 
sale  under  the  order  of  sale  he  may  be  compelled  to  proceed  to  sell  by  order 
of  the  court  made  on  motion  after  due  notice  by  any  party  interested. 

Kerr,  C.  C.  P.,  1544,  1545. 

5994.  Idem—Person  other  than  executor  may  apply  for  order  of  sale- 

Procedure. 

SEC.  137.  If  the  executor  or  administrator  shall  neglect  to  apply  for  an 
order  of  sale -whenever  it  may  be  necessary,  any  person  interested  in  the 
estate  may  petition  therefor  in  the  same  manner  as  the  executor  or  adminis- 
trator, and  like  proceedings  shall  be  had  thereon,  the  notice  being  also  served 
upon  the  executor  or  administrator. 

Kerr,  C.  C.  P.,  1544,  1545. 

5995.  Idem— Certified  copy  of  order  furnished  administrator. 

SEC.  138.  Upon  making  an  order  of  sale,  under  the  provisions  of  the  pre- 
ceding section,  a  certified  copy  of  such  order  shall  be  delivered  by  the  clerk 
to  the  executor  or  administrator,  who  shall  thereupon  be  authorized  and 
required  to  sell  the  real  estate  as  directed. 

Kerr,  C.  C.  P.,  1545. 

5996.  Idem— Notice  of  time  and  place  of  sale,  how  given. 

SEC.  139.  When  a  sale  is  ordered,  notice  of  the  time  and  place  of  holding 
the  same  shall  be  given  by  posting  a  copy  in  three  of  the  most  public  places 
of  the  county  in  which  the  land  is  situated,  and  by  publishing  it  in  a  news- 
paper published  in  the  county,  if  there  be  one;  if  not,  then  in  such  paper  as 
the  court  may  direct,  for  three  weeks  successively  next  before  such  sale, 
in  which  notice  the  lands  and  tenements  shall  be  described  with  common 
certainty. 

Kerr,  C.  C.  P.,  1547. 

5997.  Idem— Sale  to  be  made,  where,  when  and  how— Private  sale— 

Restrictions— Reappraisement,  when. 

SEC.  140.  Such  sale  shall  be  made  in  the  county  where  the  land  is  situated, 
but  when  the  tract  of  land  is  situated  in  two  or  more  counties,  it  may  be  sold 
in  any  one  of  such  counties.  The  sale  shall  be  made  between  the  hours  of 
9  o'clock  in  the  forenoon  and  5  o'clock  in  the  afternoon  of  the  same  day,  at 
public  auction  or  private  sale,  as  the  court  may  have  ordered,  but  the  same 
shall  not  be  sold  at  private  sale,  unless  the  real  estate  to  be  sold  has  been 
appraised  within  a  year  previous  to  the  time  of  such  sale;  nor  shall  the  same 
be  sold  at  private  sale  for  less  than  two-thirds  of  its  appraised  value.  If  such 
real  estate  has  not  been  so  appraised,  the  court  shall  appoint  three  disinter- 
ested real  estate  holders  to  appraise  the  same,  who  shall  return  their  said 
appraisement  under  oath  to  the  court  before  the  sale  shall  be  made. 

Kerr,  C.  C.  P.,  1548. 

5998.  Idem— Confirmation  of  sale,  notice  of— Vacated,  when— New  sale. 
SEC.  141.     The  executor  or  administrator  making  any  sale  of  any  real 

estate  shall  within  five  days  thereafter  make  and  file  with  the  clerk  a  return 
of  his  proceedings,  whereupon  the  clerk  shall  give  notice  by  posting  in  three 
public  places  of  the  county  that  the  return  has  been  filed  and  will  be  heard 
by  the  court  at  a  time  and  place  to  be  designated  in  said  notice,  not  less  than 
ten  days  after  such  posting,  and  notify  all  interested  to  appear  and  show 
cause  why  said  sale  should  not  be  confirmed.  At  the  time  set,  or  at  such 
other  times  as  the  hearing  may  be  continued  to,  the  court  shall  hear  the 


1741  CIVIL  PRACTICE  Sec,  6003 

matter  and  if  it  shall  appear  that  the  proceedings  were  unfair,  or  that  the 
sum  bid  is  disproportion al  to  the  value,  and  that  a  sum  exceeding  such  bid 
at  least  ten  per  cent  exclusive  of  the  expense  of  a  new  sale  may  be  obtained, 
the  court  shall  vacate  such  sale  and  direct  a  new  sale  to  be  made,  and  the 
proceedings  thereon  shall  be  as  upon  an  original  order  to  sell;  provided,  that 
if  an  offer  of  ten  per  cent  or  more  exclusive  of  the  expense  of  a  new  sale 
shall  be  made  in  writing  by  a  responsible  person,  to  the  court  or  judge,  it 
shall  be  discretionary  with  the  court  to  accept  such  offer  and  confirm  the 
sale  to  such  person  or  to  order  a  new  sale. 
Ken-,  C.C.  P.,  r>4-J. 

.y.)9t).    [dem— Order  confirming  sale—Con  veyance—Delinquent purchaser-- 
Liability—New  sale. 

SEC.  142.  If  upon  the  hearing,  when  all  persons  interested  who  desire 
have  been  heard  for  or  against,  and  any  testimony  that  may  be  offered,  it 
shall  appear  to  the  court  that  the  sale  was  legally  made  and  fairly  conducted, 
and  that  the  sum  bid  is  not  disproportionate  to  the  value  of  the  property  sold, 
or  if  disproportionate  that  a  greater  sum  as  above  specified  cannot  be  obtained, 
or  that  the  advance  bid  mentioned  in  section  141  of  this  act  be  made  and 
accepted,  the  court  shall  confirm  the  sale  and  direct  proper  conveyances  tQ 
be  made  and  executed,  and  such  sale  from  that  time  shall  be  confirmed  and 
valid;  provided,  that  if  after  such  confirmation  the  purchaser  shall  neglect 
or  refuse  to  comply  with  [the]  terms  of  sale  the  court  may,  on  motion  of  the 
executor  or  administrator,  and  after  notice  to  the  purchasers,  order  a  new 
sale  of  the  property,  and  if  the  amount  realized  on  such  sale  does  not  cover 
the  bid  and  expenses  of  the  previous  sale,  such  delinquent  purchaser  shall 
be  liable  for  the  deficiency. 

KriT,  C.  C.    P.,   1654. 

6000.  Mem— Conveyances— What  ilmim!  passed  after  acquired  title. 
SEC.  143.     Proper  conveyances  shall   thereupon  be  executed  to  the  pur- 
chasers by  the  executor  or  administrator.     The  conveyances  so  made  shall 
be  deemed  to  convey  all  the  right,  title,  interest  and  estate  of  the  deceased 
in  the  premises  at  the  time  of  his  or  her  death.     When,  however,  by  opera- 
tion of  law  or  otherwise  the  estate  shave  [shall]  have  acquired  any  right, 
title,  or  interest  in  the  premises  other  than   or  in  addition  to  that  of  the 
deceased  at  the  time  of  his  or  her  death,  such  right,  title,  or  interest  shall 
also  be  passed  by  such  conveyances. 

Kerr.  C.  C.  I'..  1565. 

6001.  Idem— Before  continuation— -Proof  of  notice— Order  to  recite. 

SEC.  144.  Before  any  order  is  entered  confirming  the  sale  it  shall  be 
proved  to  the  satisfaction  of  the  court  that  notice  of  the  sale  was  given  as  in 
this  act  prescribed,  and  the  order  of  confirmation  shall  state  that  such  proof 
was  made. 

Kerr,  C.C.  P.,  1556. 

6002.  Idem— Postponement  of  sale— Sixty -day  limit. 

SEC.  145.  If  at  the  time  appointed  for  the  sale  the  executor  or  adminis- 
trator shall  deem  it  best  for  the  interest  of  all  parties  concerned  therein  that 
the  same  should  be  postponed,  he  may  adjourn  the  sale  from  time  to  time, 
not  exceeding  in  all  sixty  days. 

Kerr,  C.C.  P.,  1557. 

6003.  Idem— Adjournment,  notice  of— How  given. 

SEC.  146.     In  case  of  adjournment  notice  thereof  shall  be  given  by  a  public 
declaration  at  the  time  and  place  first  appointed  for  the  sale,  and  if  the 
adjournment  be  for  more  than  one  day,  further  notice  shall  be  given  by  post- 
110 


See.  6004  CIVIL  PRACTICE  1742 

ing  in  three  public  places  in  the  county  where  the  land  is  situated,  or  pub- 
lishing the  same,  or  both,  as  time  and  circumstances  will  admit. 

Kerr,  C..C.  P.,  1558. 

6004.  Idem— Sale  to  pay  legacies. 

SEC.  147.  When  the  testator  shall  have  given  any  legacy  by  will  that  is 
effectual  to  pass  or  charge  real  estate,  and  his  goods,  chattels,  rights  and 
credits  shall  be  insufficient  to  pay  a  legacy  together  with  his  debts  and  the 
charges  and  expenses  of  administration,  the  executor  or  administrator,  with 
the  will  annexed,  may  obtain  an  order  to  sell  his  real  estate  for  that  purpose, 
in  the  same  manner  and  upon  the  same  terms  and  conditions  as  hereinbefore 
provided  in  case  of  a  sale  for  the  payment  of  debts. 

6005.  Payment  according  to  will. 

SEC.  148.  If  a  deceased  person  shall  have  made  provision  by  will,  desig- 
nating the  estate  to  be  appropriated  for  the  payment  of  debts,  expenses  of 
administration,  or  family  expenses,  they  shall  be  paid  according  to  the  pro- 
visions of  the  will,  and  out  of  the  estate  thus  appropriated,  so  far  as  the  same 
may  be  sufficient. 

Kerr,  C.  C.  P.,  1560. 

»  , 

6006.  Order  not  required,  when  — Sale  authorized  by   will  — Notice- 

Confirmation. 

SEC.  149.  When  such  provision  has  been  made,  or  any  property  directed 
by  will  be  sold  for  any  purpose,  the  executor  or  the  administrator,  with  the 
will  annexed,  may  proceed  to  sell,  as  directed  by  the  will,  without  an  order 
of  the  district  court,  but  he  shall  be  bound  to  give  notice  of  the  sale,  and  pro- 
ceed in  all  respects  as  if  acting  under  an  order  of  sale  from  the  court.  Such 
sale  shall  not  be  valid  until  confirmed  by  the  court. 

Kerr,  C.  C.  P. ,1561. 

6007.  Idem— When  property  designated  in  will  insufficient,  other  may 

be  appropriated. 

SEC.  150.  If  the  provisions  made  by  the  will,  or  the  estate  appropriated 
be  not  sufficient  to  pay  the  debts,  expenses  of  administration  and  family 
expenses,  such  part  of  the  estate  as  shall  not  have  been  disposed  of  by  the 
will,  if  any,  shall  be  appropriated  to  that  purpose  as  provided  in  this  act. 

Kerr,  C.  C.  P.,  1562. 

6008.  Devises  and  legacies  liable  for  debts— When  may  be  exempted. 
SEC.  151.     The  estate,  real  and  personal,  given  by  will  to  any  devisees  or 

legatees,  shall  be  held  liable  for  the  payment  of  debts,  expenses  of  adminis- 
tration and  family  expenses  in  proportion  to  the  value  or  amount  of  the 
several  devises  or  legacies,  except  that  specific  devises  or  legacies  may  be 
exempted,  if  it  shall  appear  to  the  court  necessary  to  carry  into  effect  the 
intention  of  the  deceased,  if  there  shall  be  other  sufficient  estate. 

Kerr,  C.  C'.  P.,  1563. 

6009.  Sale  of  devised  property— Contribution  by  other  devisees  and  lega- 

tees—Court to  decree. 

SEC.  152.  When  the  estate  given  by  any  will  has  been  sold  for  the  pay- 
ment of  debts  and  expenses  all  the  devisees  and  legatees  shall  be  liable  to 
contribute  according  to  their  respective  interests,  to  any  devisee  or  legatee 
from  whom  the  estate  devised  or  bequeathed  to  him  or  her  may  have  been 
taken  for  the  payment  of  debts  or  expenses,  and  the  district  court,  when 
distribution  is  made,  shall  settle  the  amount  of  the  several  liabilities,  and 
decree  how  much  each  person  shall  contribute. 

Kerr,  C.  C.  P.,  1564. 


1743  CIVIL  PRACTICE  Sec.  6014 

I>010.    Contract  for  purchase  of  lands  may  be  sold—  Procedure. 

SEC.  153.  If  a  deceased  person,  at  the  time  of  death,  was  possessed  of  a 
contract  for  the  purchase  of  lands,  the  interest  of  deceased  in  such  lands, 
and  under  such  contract,  may  be  sold  in  the  same  manner  as  if  said  person 
had  died  seized  of  such  land,  and  the  same  proceedings  shall  be  had  for  that 
purpose  as  are  prescribed  in  this  act  in  respect  to  lands  of  which  a  person 
dies  seized,  except  as  hereinafter  provided. 

Kerr,  C.  C.  P., 


noil.    Idem—  Sale  subject  to  payments—  Confirmation  subject  to  indem- 

nity bond. 

SEC.  154.  Such  sale  shall  be  made  subject  to  all  payments  that  may  there- 
after become  due  on  such  contract,  and  if  there  be  any  such  payments  there- 
after to  become  due,  such  sale  shall  not  be  confirmed  by  the  district  court 
until  the  purchaser  or  purchasers  shall  execute  a  bond  to  the  executor  or 
administrator  for  his  benefit  and  indemnity,  and  for  the  benefit  and  indem- 
nity of  the  person  or  persons  entitled  to  the  interest  of  deceased  in  the 
land  so  contracted  for.  The  amount  of  such  bond  shall  be  double  the  whole 
amount  of  payments  thereafter  to  become  due  on  such  contract,  with  such 
sureties  as  the  district  court  or  judge  shall  approve. 

Krrr,  C.  C.  P.,  1-V.r,. 


Idem—  IJoml.  how  conditioned—  Bond  not  required,  when. 
SEC.  155.  Such  bond  shall  be  conditioned  that  the  purchaser  or  purchasers 
will  make  all  payments  for  such  lands,  that  shall  become  due  after  the  date 
of  such  sale,  and  will  indemnify  the  executor  or  administrator,  and  the  per- 
son or  persons  so  entitled,  against  all  demands,  costs,  charges  and  expenses, 
by  reason  of  any  covenant  or  agreement  contained  in  such  contract,  but  if 
there  be  no  payment  thereafter  to  become  due  on  such  contract,  no  bond  shall 
be  required  of  the  purchaser  or  purchasers. 

K.MT.  C.  C.  I'..  L567, 

H013.     Idem—  Assignment  of  contract—  Rights  of  purchaser. 

SEC.  156.  Upon  the  confirmation  of  such  sale,  the  executor  or  administrator 
shall  execute  to  the  purchaser  or  purchasers  an  assignment  of  the  contract, 
which  assignment  shall  vest  in  the  purchaser  or  purchasers  all  the  right,  title 
and  interest  of  the  person  or  persons  entitled  to  the  interest  of  the  deceased 
in  the  lands  sold  at  the  time  of  the  sale,  and  such  purchaser  or  purchasers 
shall  have  the  same  rights  and  remedies  against  the  vendor  of  such  lands  as 
the  deceased  would  have  if  living. 

Kerr,  C.  C.  P.,  15i>s. 

6014.    Sale  of  land  subject  to  lien—  Purchase  money,  how  applied—  Liens 
not  affected  by  statute  of  limitations  pending1  settlement  of  estate. 

SEC.  157.  When  any  sale  is  made  by  any  executor  or  administrator,  pur- 
suant to  the  provisions  of  this  act,  of  land  subject  to  any  mortgage  or  other 
lien,  which  is  a  valid  claim  against  the  estate  of  the  deceased,  the  purchase 
money  shall  be  applied,  after  paying  the  necessary  expenses  of  the  sale,  first 
to  the  satisfaction  of  the  mortgage  or  other  lien  and  the  residue  in  due  course 
of  administration.  Such  application  of  the  purchase  money  shall  be  made 
without  delay  and  the  land  shall  remain  subject  to  such  mortgage  or  other 
lien  until  the  purchase  money  shall  have  been  actually  so  applied.  No  lien 
against  any  estate  shall  be  affected  by  the  statute  of  limitation  pending  the 
proceedings  for  the  settlement  of  such  estate. 

Kerr,  C.  C.  P.,  1569. 

The  legislature,  by  the  use  of  the  words  used  in  the  same  section,  clearly  intended 

"valid  claim  against  the  estate  of  the  that  lands  sold  by  the  administrator,  which 

•I'"  •••used,"  construed  with  other  language  were  justly  chargeable  with  the  payment  of 


Sec.  6015  CIVIL  PRACTICE  1744 

a  mortgage  lien,  should  be  subject  to  sale  application  of  the  proceeds  as  specified.  Kir- 
divested  of  such  lien  only  upon  the  actual  man  v.  Powning,  25  Nev.  378,  379.  397.  398 

(60  P.  834). 

6015.  Expenses  of  sale,  primary  charge. 

SEC.  158.  In  all  cases  in  which  lands  are  sold  by  an  executor  or  admin- 
istrator the  necessary  expenses  of  the  sale  shall  first  be  paid  out  of  the 
proceeds. 

Kerr,  C.  C.  P.,  1569. 

6016.  Misconduct  in  sale— Administrator  liable  on  bond. 

SEC.  159.  If  there  shall  be  any  neglect  or  misconduct  in  the  proceedings 
of  an  executor  or  administrator  in  relation  to  any  sale  by  which  any  person 
interested  in  the  estate  shall  suffer  any  damage,  the  party  aggrieved  may 
recover  for  the  same  in  a  suit  upon  the  bond  of  the  executor  or  administrator 
or  otherwise,  as  the  case  may  require. 

Kerr,  C.  C.  P.,  1571. 

6017.  Fraudulent  sale— Administrator  liable  on  bond— Double  damnucs. 
SEC.  160.     Any  executor  or  administrator  who  shall  fraudulently  sell  any 

real  estate  of  his  decedent  contrary  to  the  provisions  of  this  act  shall  be  liable 
on  his  bond,  in  double  the  value  of  the  land  sold,  as  damages,  to  be  recovered 
in  an  action  by  the  person  or  persons  having  an  estate  of  inheritance  therein. 

Kerr,  C.  C.  P.,  1572. 

6018.  Limitation  for  action  to  recover  estate  sold  by  executor  or  admin- 

istrator—Three years— Disability,  effect  of. 

SEC.  161.  No  action  for  the  recovery  of  any  estate  sold  by  an  executor  or 
administrator  under  the  provisions  of  this  act  shall  be  maintained  by  any 
heir  or  other  person  claiming  under  the  deceased  unless  it  be  commenced 
within  three  years  next  after  the  sale,  saving  to  minors  or  others  under  any 
legal  disability  at  the  time  when  the  right  of  action  shall  first  accrue  the 
right  to  commence  such  action  at  any  time  within  three  years  after  the 
removal  of  the  disability. 

Kerr,  C.  C.P.,  1573. 
See  sees.  4964-4966. 

6019.  Account  of  sale  to  be  made,  when— Penalty  for  neglect— Contempt- 

Revocation— Attachment  for  appearance. 

SEC.  162.  Whenever  a  sale  has  been  made  by  an  executor  or  adminis- 
trator of  any  property  of  the  estate,  real  or  personal,  it  shall  be  his  duty  to 
return  to  the  district  court  a  return  of  sale  thereof  within  five  days  after 
making  such  sale.  If  he  neglects  to  make  such  return  he  may  be  punished 
as  for  a  contempt  or  his  letters  may  be  revoked,  one  day's  notice  haying  first 
been  given  him  to  appear  and  show  cause  why  he  should  not  be  punished  for 
a  contempt  or  his  letters  should  not  be  revoked,  and  his  appearance  may  be 
compelled  by  attachment  or  other  proper  process. 

Kerr,  C.  C.  P.,  1575. 

6020.  Executor  or  administrator  not  to  purchase. 

SEC.  163.  No  executor  or  administrator  shall  directly  or  indirectly  pur- 
chase any  property  of  the  estate  he  represents. 

Kerr,  C.  C.  P.,  1576. 

6021.  Executor  or  administrator  to  take  possession  of  all  property- 

Exception—Deemed  in  possession  for  certain  suits— Possession  of 
heirs  or  devisees. 

SEC.  164.  The  executor  or  administrator  shall  take  into  his  possession  all 
the  estate  of  the  deceased,  real  and  personal,  except  that  exempted  as  herein- 
before provided,  and  shall  collect  all  debts  due  the  deceased.  For  the  purpose 


1745  CIVIL  PRACTICE  Sec.  6026 

of  bringing  suits  to  quiet  title  or  for  partition  of  such  estate,  the  possession 
of  the  executor  or  administrator  shall  be  deemed  the  possession  of  the  heirs 
or  devisees.  Such  possession  of  heirs  or  devisees  shall  be  subject,  however, 
to  the  possession  of  the  executor  or  administrator  for  all  other  purposes. 

Kerr,  C.  C.  I'..  15S1. 

See  sec.  5{)5(). 

Cited,  1'ruv  v.  Ward,  L>5  Nev.  215  (40  L.  R.  A.. 469,  5s  P.  S4tM . 

6022.    Executors  or  administrators  may  sue  and  be  sued,  for  what. 

SEC.  165.  Actions  for  the  recovery  of  any  property,  real  or  personal,  or 
for  the  possession,  and  all  actions  founded  upon  contracts,  may  be  maintained 
by  and  against  executors  and  administrators  in  all  cases  where  the  same 
might  have  been  maintained  by  or  against  their  respective  testators  or  intes- 
tates in  their  lifetime. 

Kerr.C.C.  P.,  1582. 

Cited.  Scliwart/  v.  Stock,  2(i  Nev.  I-"):;  HM  1*.  U5);  Price  v.  Ward,  25  Nev.  215  (4<>  L.  R.  A. 
459,  5X  I'.  849). 

6028.    Idem— May  sue  for  trespass,  waste  or  conversion. 

SEC.  166.  Executors  or  administrators  may  maintain  actions  against  any 
person  or  persons,  who  shall  have  wasted,  destroyed,  taken,  carried  away  or 
converted  to  his  or  their  own  use  the  goods  of  their  testator  or  intestate  in 
his  lifetime.  They  may  also  maintain  actions  for  trespass  committed  on  the 
real  estate  of  the  deceased  while  living. 

Kerr,  C.  C.  I'..  L583, 

Cited,  Trice  v.  Ward,  25  Nev.  215  (4H  L.  K.  A.  45<»,  5S  P.  S»<)). 

6024.  Kxecutor  or  administrator  may  In*  sued  for  waste,  trespass  or  con- 

version committed  by  decedent. 

SEC.  167.  Any  person  or  his  personal  representatives  shall  have  a  right 
of  action  against  the  executor  or  administrator  of  any  testator  or  intestate 
who  in  his  lifetime  shall  have  wasted,  destroyed,  taken,  carried  away  or  con- 
verted to  his  own  use  the  goods  or  chattels  of  any  such  person,  or  committed 
any  trespass  on  the  real  estate  of  such  person. 

Kerr,  C.  C.  I'.,  i:>S4. 

6025.  Surviving  partner  may  continue  in  possession  of  partnership  prop- 

erty—Duty to  settle  and  account— May  be  compelled  by  attach- 
ment—May be  sued— Inventory  and  appraisement. 

SEC.  168.  When  there  was  a  partnership  existing  between  the  testator  or 
intestate  at  the  time  of  his  death  and  any  other  person,  the  surviving  partner 
shall  have  the  right  to  continue  in  possession  of  the  effects  of  the  partner- 
ship, and  to  settle  its  business,  but  the  interest  of  the  deceased  shall  be 
included  in  the  inventory,  and  appraised  as  other  property.  The  surviving 
partner  shall  proceed  to  settle  the  affairs  of  the  partnership  without  delay, 
and  shall  account  to  the  executor  or  administrator,  and  pay  over  such  bal- 
ance as  may  from  time  to  time  be  payable  to  him  in  right  of  his  testator  or 
intestate.  Upon  the  application  of  the  executor  or  administrator  the  district 
judge  may,  whenever  it  may  appear  necessary,  order  the  surviving  partner 
to  render  an  account,  and  in  case  of  neglect  or  refusal  may,  after  notice, 
compel  it  by  attachment;  and  the  executor  or  administrator  may  maintain 
against  him  any  action  which  the  deceased  could  have  maintained. 

Kerr,  C.  C.  P.,  1585. 

A  surviving  partner  is  entitled  to  sue  in  for  the  amount  due  himself  individually, 
his  representative  capacity  for  the  amount  The  respective  demands  may  be  united  in 
due  the  partnership,  and  in  his  own  name  the  same  action,  but  should  be  separately 

stated.  Quillen  v.  Arnold,  12  Nev.  235,  248. 

6026.  Action  on  bond  of  former  executor  or  administrator. 

SEC.  169.     Any  administrator  may,  in  his  own  name,  for  the  use  and  benefit 


Sec.  6027  CIVIL  PRACTICE  1746 

of  all  parties  interested  in  the  estate,  maintain  actions  on  the  bond  of  an 
executor  of  any  former  administrator  of  the  same  estate. 

Kerr,  C.C.  P.,1586. 

6027.  Joinder  of  parties— Executors  not  qualifying. 

SEC.  170.  In  actions  brought  by  or  against  executors,  it  shall  not  be  neces- 
sary to  join  those  as  parties  who  have  not  qualified. 

Kerr,  C.  C.  P.,  1587. 

6028.  Debts  and  cases  compromised,  how. 

SEC.  171.  Whenever  a  debtor  of  a  deceased  person  shall  be  unable  to  pay 
all  his  debts,  the  executor  or  administrator,  with  the  approval  of  the  district 
court  or  judge,  may  compromise  with  such  debtor  and  give  him  a  discharge, 

rn  receiving  a  fair  and  just  dividend  of  his  effects.     A  compromise  may 
be  authorized  in  any  case  when  it  shall  be  made  to  appear  to  the  court  to 
be  just  and  for  the  best  interests  of  the  estate. 

Kerr,  C.C.  P.,  1588. 

An  executor  may  pay  money  to  compro-  he  cannot  lawfully  make  such  payment  with- 
mise  a  suit  pending  against  an  estate.  But  out  the  previous  consent  of  the  court. 

Lucich  v.  Medin,  3  Nev.  94,  109. 

6029.  Fraudulent  conveyance  by  decedent— Duty  of  executor  or  adminis- 

trator as  to— Rights  or  credits. 

SEC.  172.  When  there  shall  be  a  deficiency  of  assets  in  the  hands  of  an 
executor  or  administrator,  and  when  the  deceased,  in  his  lifetime,  shall  have 
conveyed  any  real  estate  or  any  rights  or  interests  therein  with  intent  to 
defraud  his  creditors  or  to  avoid  any  right  debt  or  duty  of  any  person,  or  shall 
have  so  conveyed  such  estate  that  by  law  the  deeds  or  conveyances  are  void 
as  against  creditors,  the  executor  or  administrator  may,  and  it  shall  be  his 
duty,  to  commence  and  prosecute  to  final  judgment  any  proper  action  for  the 
recovery  of  the  same  for  the  benefit  of  the  creditors,  and  may  also  for  such 
benefit  sue  for  and  recover  all  goods,  chattels,  rights  or  credits  or  their  value, 
which  may  have  been  so  fraudulently  conveyed  by  the  deceased  in  his  life- 
time, whatever  may  have  been  the  manner  of  such  fraudulent  conveyance. 

Kerr,  C.C.  P.,  1589. 

6030.  Idem— Creditors  to  apply  for— Costs  secured. 

SEC.  173.  No  executor  or  administrator  shall  be  bound  to  sue  for  such 
estate  as  mentioned  in  the  preceding  section  for  the  benefit  of  the  creditors, 
unless  upon  application  of  creditors  of  the  deceased,  nor  unless  such  creditors 
shall  pay  the  costs  and  expense  of  such  litigation,  or  give  such  security  there- 
for as  the  court  or  judge  shall  direct. 

Kerr,  C.  C.  P.,  1590. 

6031.  Idem— Disposition  of,  when  recovered. 

SEC.  174.  All  real  estate  so  recovered  shall  be  sold  for  the  payment  of 
debts  in  the  same  manner  as  hereinbefore  prescribed  for  sales  of  real  estate 
by  executors  or  administrators,  and  the  proceeds  of  all  goods,  chattels,  rights 
or  credits  so  received  shall  be  applied  in  payment  of  debts  in  the  same  man- 
ner as  other  personal  property  in  the  hands  of  the  executor  or  administrator. 

Kerr,  C.C.  P.,  1591. 

6032.  Specific  performance  of  contracts  of  decedents— All  interested  par- 

ties to  be  made  defendants. 

SEC.  175.  When  any  person  who  is  bound  by  contract  in  writing  to  convey 
any  real  estate  shall  die  before  making  the  conveyance,  the  district  court  in 
a  proper  proceeding  therefor  may  decree  that  the  executor  or  administrator 
convey  such  real  estate  to  the  person  entitled  thereto  in  all  cases  where  such 
deceased  person,  if  living,  might  be  compelled  to  make  such  conveyance. 


1747  CIVIL  PRACTICE  Sec. 

All  persons  interested  in  the  estate  shall  be  made  parties  defendant  in  such 
action. 

Kerr,  C.  C.  P.,  1597. 

See  sees.  0147,  6148. 


Idem—  Etfect  of  conveyance. 
SEC.  176.     Every  conveyance  made  in  pursuance  of  a  decree  of  the  court 
as  above  provided,  shall  be  as  effectual  to  pass  the  estate  contracted  for  as 
fully  as  if  the  contracting  party  himself  were  living  and  executed  the  con- 
veyance himself. 

Kerr,C.  C.  P.,  1603. 

<i084.  Kxccntor  or  administrator  not  liable  out  of  own  estate  for  dam- 
ages or  debts  nf  decedents  except  upon  promise  in  writing—  Stat- 
ute- of  frauds. 

SEC.  177.  No  executor  or  administrator  shall  be  chargeable  upon  any 
special  promise  to  answer  damages  or  to  pay  the  debts  of  the  deceased  out 
of  his  own  estate,  unless  the  agreement  for  that  purpose  or  some  memorandum 
or  note  thereof  is  in  writing  and  signed  by  such  executor  or  administrator, 
or  by  some  other  person  by  him  thereunto  specially  authorized. 

K.-rr.  C.  C.P.,  I'll!'. 
Si-c  sec.  1(>7">. 


Kxeciitor  or  administrator,  with  what  chargeable  in  account. 

SEC.  178.  Every  executor  and  administrator  shall  be  chargeable  in  his 
account  with  the  whole  of  the  estate  of  the  deceased  which  should  come  to 
his  possession  at  the  value  of  the  appraisement  contained  in  the  inventory, 
except  as  hereinafter  provided,  and  with  all  the  interest,  profit  and  income 
of  the  estate. 

Kerr,  C.  C.  I'.,  lf,i:;. 


Not  to  profit  or  lose  unless  iu  fault. 
SEC.  179.  He  shall  not  make  profit  by  the  increase  nor  suffer  loss  by  the 
decrease  or  destruction  of  any  part  of  the  estate  without  his  fault.  He  shall 
account  for  the  excess  when  he  shall  sell  any  part  of  the  estate  for  more  than 
the  appraisement,  and  if  any  be  sold  for  less  than  the  appraisement  he  shall 
not  be  responsible  for  the  loss  if  the  sale  has  been  justly  made. 

Kerr,  C.  C.  P.,  1614. 

<J037.     Idem—  Debts  nncollected  without  fault. 

SEC.  180.  No  executor  or  administrator  shall  be  accountable  for  any  debts 
due  the  deceased  that  remain  uncollected  without  his  fault. 

Kerr,  C.  C.P.,  1615. 

6038.     Expenses  and  compensation—  Provision  in  will—  May  renunciate. 

SEC.  181.  He  shall  be  allowed  all  necessary  expenses  in  the  care  and 
management  as  well  as  settlement  of  the  estate,  and  for  his  services  such 
fees  as  provided  by  law;  but  when  the  deceased  shall,  by  his  will,  make  some 
other  provision  for  the  compensation  of  his  executor,  this  shall  be  deemed  a 
full  compensation  for  such  services,  unless  the  executor  files  a  renunciation, 
in  writing,  of  all  claim  for  the  compensation  provided  by  the  will. 

Kerr,  C.  C.  P.,  1617. 

Insurance  paid  by  an  administrator  on  the  no  right  to  employ  counsel  at  the  expense  of 

property  of  a   decedent  is  properly  allowed  the  estate  to  keep  the  accounts  and  do  that 

as  one  of  the  expenses  and  charges  of  the  business  for  which  he  is  compensated  by  his 

administration.     In    re    Nicholson,    1    Nev.  fees.     Lucich  v.  Medin,  3  Nev.  93. 

518.  Under  former  act  (Stats.  1861,  186)  it  \\  is 

An  executor  may  employ  counsel  to  attend  held:    An  executor  or  administrator  has   no 

to  litigation  concerning  the  estate.    But  he  has  authority  to  borrow  money  for  the  use  of  the 


SIT.  6039  CIVIL  PRACTICE  1748 

estate  represented  by  him,  nor  will  interest  trator  is  authorized  to  employ  counsel  in  a 

on  money  borrowed  for  the  estate  be  allowed.  particular   matter,   but   such   employment   is 

Kstate  of  Millenovich,  5  Nev.  189.  terminated  by  the  disposal  of  that  matter. 

Act  cited,  Merriman  v.  Stern,  14  Nev.  418.  The  allowance  for  such  services  is  made,  not 

The  act  of  1861,  186,  was  repealed  by  this  to  the  counsel,  but  to  the  administrator,  as 

act.     See  Kennedy  v.  Adams,  under  sec.  282  a  part  of  the  necessary  expenses  of  adminis- 

<>f  this  act.  tration.     Torreyson  v.  Bowman,  26  Nev.  371, 

If    necessary,    the    executor    or    adminis-  372  (68  P.  472). 

6039.  Not  to  purchase  claims— Charge  amounts  actually  paid. 

SEC.  182.  No  administrator  or  executor  shall  purchase  any  claim  against 
the  estate  he  represents;  and  if  he  shall  pay  any  claim  for  less  than  its  nom- 
inal value  he  shall  not  charge  in  his  account  more  than  he  has  actually  paid. 

Kerr,  C.  C.P.,  1617. 

This  section  was  designed  to  protect  the  to   protection,   and   can   maintain   an   action 

estates  of  deceased  persons,  and  to  prevent  against  the  estate  for  the  amount  advanced, 

administrators    and    executors    from    taking  Idem. 

advantage  of  their  position  to  the  injury  of  There  is  nothing  to  prohibit  an  executor 

the   estate.     Furth   v.   Wyatt,    17    Nev.    180,  from  becoming  interested  in  property  of  the 

182  (30  P.  828).  estate   of   his  testator  after  the   estate   has 

If  an  administrator  purchases  a  claim  for  ceased  to  have  any  interest  in  it.     Estate  of 

less   than    is    due,    he    could   not    enforce    it  Millenovich,  5  Nev.  162. 

for  the  full  amount,  but  would  be  entitled  An  executor,  who  came  into  possession  of 

to  be  remunerated  for  the  amount  he  actually  an   estate   in   his  fiduciary  capacity,   cannot 

paid.     Idem.  buy   up   a   title   adverse   to   the   estate   and 

When    the    money    was    advanced   by    the  withhold  the  rents  on  the  ground  that  the 

administrator  for  the  benefit   of  the  estate  title  he  has  bought  is  superior  to  that  of  his 

and  to  avoid  litigation,  and  resulted  to  the  testator.     Lucich    v.    Medin,    3    Nev.    94  (93 

benefit    of   the    estate   without    gain    to   the  A.  D.  376). 
administrator,  the  administrator  is  entitled 

6040.  Commissions— Additional  allowance,  when. 

SEC.  183.  When  no  compensation  shall  have  been  provided  by  the  will,  or 
the  executor  shall  renounce  all  claims  thereto,  he  shall  be  allowed  commis- 
sions upon  the  whole  amount  of  the  personal  estate  accounted  for  by  him,  as 
follows:  For  the  first  thousand  dollars,  at  the  rate  of  six  per  cent;  for  all 
above  that  sum  and  not  exceeding  five  thousand  dollars,  at  the  rate  of  four 
per  cent;  for  all  above  five  thousand  dollars,  at  the  rate  of  two  per  cent,  and 
the  same  commissions  shall  be  allowed  to  administrators.  In  all  cases  such 
additional  allowance  may  be  made  by  the  court  for  services  in  regard  to  the 
real  estate,  when  it  shall  be  made  to  appear  that  the  same  is  just  and  rea- 
sonable. 

Kerr,  C.  C.  P.',  1618. 

Attorneys'  fees  may  or  may  not  be  prop-  istrators  for  collecting  and  disbursing  money 

orly  charged  among  the  expenses  of  adminis-  is  one  of  the  expenses  of  administration 

tration  according  to  the  peculiar  circum-  which  should  be  allowed  in  preference  even 

stances  of  the  case.  to  funeral  expenses.  Estate  of  Nicholson,  1 

The  percentage  allowed  by  law  to  admin-  Nev.  518,  520. 

6041.  First  account  rendered,  what  to  contain. 

SEC.  184.  Within  thirty  days  after  the  judge  has  acted  upon  the  claims 
filed  against  the  estate,  the  executor  or  administrator  shall  file  his  first 
account,  under  oath,  of  his  administration.  Such  account  shall  be  itemized, 
showing  the  amount  of  money  received  and  expended  by  him;  the  amount 
of  all  claims  filed  against  the  estate;  the  names  of  all  claimants;  the  claims, 
if  any,  rejected,  and  all  other  matters  necessary  to  show  the  conditions  of 
the  affairs  of  the  estate. 

Kerr,  C.  C.  P.,  1622. 

6042.  Full  account  and  report  to  be  rendered,  when. 

SEC.  185.  Every  executor  or  administrator  shall  render  and  file  under 
oath,  a  full  account  and  report  of  his  administration  whenever  he  deems  it 
advisable,  or  shall  be  directed  to  do  so  by  the  court  on  its  own  motion,  or  on 


1749  CIVIL  PRACTICE  Sec.  6047 

motion  on  behalf  of  any  person  interested,  when  it  shall  appear  to  the  court 
to  be  proper. 

Kerr,  C.  C.  P.,  l<i±_>. 

Cited,  McNabb  v.  Wixom,  7  Nev.  170,  171;  Deegan  v.  Deegan,  22  Nev.  1S6,  M)7  (58  A.  S. 
742,  .°.7  P.  360). 

(>043.    (1  ration  to  appear  on  failure  to  render  account — Attachment- 
Revocation  of  letters. 

SEC.  186.  If  the  executor  or  administrator  fail  to  render  and  file  his  first 
account  within  the  time  specified  in  section  184,  above,  it  shall  be  the  duty 
of  the  court  or  judge,  to  order  a  citation  to  issue  requiring  him  to  file  such 
account  by  a  time  to  be  stated  in  said  citation  as  fixed  by  the  court  or  judge, 
or  appear  and  show  cause  why  he  should  not  be  compelled  to  file  said  account. 
If  he  fail  to  file  said  account  by  the  time  stated,  or  show  cause  why  he  should 
not,  the  court  by  attachment  or  other  proper  process  may  compel  him  to  file 
such  an  account  or  may  revoke  his  letters  in  the  discretion  of  the  court,  and 
like  action  may  be  had  in  reference  to  any  subsequent  account  he  may  be 
ordered  to  file. 

Km-,  ('.  C.  P.,  Ittt.'!. 

\V;ist<\  negligence  and  mismanagement  If  an  executor  qualify  as  such  and  totally 

;i  fiord  as  good  grounds  for  the  removal  of  negltvt  his  duties,  he  should  be  removed, 

,111  ex.-.  utor  as  actual  fraud.  Lucicli  v.  .-ilthough  he  has  committed  no  positive  act 

M.-din,  3  Nev.  101  (93  A.  D.  376).  of  wrong.  Id. M.I. 

r>044.    Clerk  to  u'ivc  notice  of  account  by  posting. 

SEC.  187.  When  any  account  shall  be  filed  by  an  executor  or  administrator 
with  the  clerk,  he  shall  give  notice  thereof  by  posting  in  three  public  places 
of  the  county,  and  notifying  all  persons  interested  in  the  estate,  at  a  time 
and  place,  not  less  than  ten  days  after  the  posting,  to  be  stated  in  the  notice, 
to  appear  and  show  cause  why  the  account  should  not  be  approved  and  allowed 
and  confirmed.  As  amended,  Stats.  1899,  112. 

K<-rr,  C.  C.P.,  163.S. 

Cited.  Kst:it<«of  Milh-imx  irh.  ">  Ncv.  1SS. 

(>045.    Account,  who  may  contest— Hearing— Examination. 

SEC.  188.  Any  person  interested  in  an  estate  may  contest  any  account  or 
any  item  therein  of  the  executor  or  administrator,  by  filing  in  writing  with 
the  clerk,  at  any  time  before  the  hearing  on  approving  the  account,  his 
objection.  At  the  time  fixed  in  the  notice,  or  at  such  further  time  as  the 
court  may  order,  the  court  shall  proceed  to  hear  the  matter,  when  the  execu- 
tor or  administrator,  or  any  other  person,  may  be  sworn  and  examined  by 
either  party,  and  the  matter  shall  be  adjudged  by  the  court  as  law  and  right 
demand. 

Kerr,  C.  C.  P.,  1635. 

(504f>.    Vouchers  to  be  produced— Lost,  how  proved— May  be  withdrawn- 
Examination  of  account. 

SEC.  189.  In  rendering  his  account  the  executor  or  administrator  shall 
produce  vouchers  for  all  payments  he  may  have  made,  which  vouchers  shall 
be  filed  and  remain  in  court,  and  he  may  be  examined  on  oath  touching  such 
payments,  and  also  touching  any  property  and  effects  of  the  deceased  and  the 
disposition  thereof.  When  any  such  voucher  shall  be  required  for  other  pur- 
poses it  may  be  withdrawn  on  leaving  a  certified  copy  on  file.  If  any  vouch- 
ers be  lost,  or  for  other  good  reason  cannot  be  produced  on  settlement  of  an 
account,  the  payment  may  be  proved  by  the  oath  of  one  competent  witness. 

Kerr,  C.  C.P.,  1631. 

Cited,  Estate  of  Millenovich,  5  Nev.  188. 

6047.    Minors,  guardians  for— Attorney  appointed  for,  when— For  absent 
heirs,  devisees  or  legatees— Contests. 

SEC.  190.     If  there  be  a  minor  interested  in  the  estate  who  has  no  legally 


See.  6048  CIVIL  PRACTICE  1750 

appointed  guardian,  the  court  shall  appoint  some  disinterested  attorney  to 
represent  him,  who,  on  behalf  of  the  minor,  may  contest  the  account  as  any 
other  person  having  an  interest  might  contest  it.  The  court  may  also  appoint 
an  attorney  to  represent  absent  heirs  and  devisees  or  legatees.  All  matters, 
including  allowed  claims  not  passed  upon  on  the  settlement  of  any  former 
account,  or  on  making  a  decree  of  sale,  may  be  contested  by  heirs  for  cause 
shown. 

Kerr,  C.  C.  P.,  1664. 

Concerning  guardians,  see  sees.  6190-6192. 

6048.  Settlement  conclusive  except  as  to  persons  under  disability — Two- 

year  limitation— Presumption  of  correctness. 

SEC.  191.  The  settlement  of  an  account  and  the  allowance  thereof  by  the 
court  shall  be  conclusive  against  all  persons  in  any  way  interested  in  the 
estate,  saving,  however,  to  all  persons  laboring  under  any  legal  disability  their 
rights  to  proceed  against  the  executor  or  administrator,  either  individually 
or  upon  his  bond,  within  two  years  after  their  respective  disabilities  shall 
cease,  and  in  any  action  brought  by  any  such  person  the  settlement  and  allow- 
ance of  the  account  shall  be  presumptive  evidence  of  its  correctness. 

Kerr,  C.  C.  P.,  1637. 

This  section  seems  to  provide  that  what  the  doctrine  of  res  adjudicata  applies.  Idem, 
is  settled  at  one  settlement  of  an  executor's  It  has  been  held  that  a  mistake  in  a 

account  shall  not  be  open  to  resettlement  at  former  settlement  may  be  corrected  in  a 

any  future  time.  Lucich  v.  Medin,  3  Nev.  subsequent  one.  The  only  difficulty  in  apply- 

93,  105,  110;  Estate  of  Millenovich,  5  Nev.  ing  this  rule  is  to  determine  what  shall  be 

163,  187.  treated  as  a  mistake  and  what  shall  stand 

The  rule  that  the  court  cannot  reinquire  as  res  adjudicata.  Perhaps  the  best  rule  is 

into  that  which  has  once  been  settled,  only  to  say  everything  may  be  corrected  which 

applies  to  those  items  of  account  which  were  shows  on  its  face  the  mistake  or  error.  This 

properly  before  the  court  for  adjustment.  would  allow  the  court  before  final  settlement 

The  general  result  at  which  the  probate  to  correct  its  own  errors  of  judgment,  but 

court  arrives  is  immaterial.  It  is  only  as  not  to  go  de  novo  into  proof  of  items  already 

to  those  items  of  account  acted  on  that  passed  on.  Idem. 

6049.  Proof  of  notice— Hearing  on  account— Order  must  show— Conclusive. 

SEC.  192.  No  account  shall  be  allowed  by  the  court  until  it  be  first  proved 
that  the  notice  hereinbefore  required  has  been  given,  and  the  order  or  decree 
shall  show  that  such  proof  was  made  to  the  satisfaction  of  the  court  and 
shall  be  conclusive  evidence  of  the  fact. 

Kerr,  C.  C.P.,  1638. 

6050.  Account  may  be  required  after  authority  ceases. 

SEC.  193.  Whenever  the  authority  of  an  executor  or  administrator  shall 
cease  or  shall  be  revoked  for  any  reason,  he  may  be  cited  by  the  court  to 
account,  at  the  instance  of  the  person  succeeding  to  the  administration  of  the 
same  estate,  in  like  manner  as  he  might  have  been  by  any  person  interested 
in  the  estate,  during  the  time  he  was  executor  or  administrator. 

Kerr,  C.  C.  P.,  1629. 

6051.  Failure  to  account,1  cause  for  revocation  of  letters— Absence  or 

concealment. 

SEC.  194.  If  the  executor  or  administrator  resides  out  of  the  county,  or 
absconds  or  conceals  himself  so  that  the  citation  cannot  be  personally  served, 
and  shall  neglect  to  file  an  account  within  twenty  days  after  the  time  fixed 
for  that  purpose,  his  letters  shall  be  revoked. 

Kerr,  C.  C.  P.,  1630. 

6052.  Debts,  order  of  payment. 

SEC.  195.  The  debts  of  the  estate  shall  be  paid  in  the  following  order: 
First— Funeral  expenses.  Second— The  expenses  of  the  last  sickness. 
Third— Debts  having  preference  by  the  laws  of  the  United  States. .  Fourth— 


1751  CIVIL  PRACTICE  Sec.  6057 

Judgments  rendered  against  the  deceased  in  his  lifetime,  and  mortgages  in 
order  of  their  date.     Fifth— All  other  demands  against  the  estate. 

Kerr,  C.  C.  P.,  164:;. 

See  sees.  5959,  6145. 

In  the  settlement   of  executors'   accounts  If   the   charges   allowed   and   paid   by   an 

for  funeral  expenses,  all  the  circumstances  executor  for  the  expenses  of  the  last  sick- 

01    Mi.-  ruse  should  be  taken  into  considera-  ness     of     his    testator,    though     apparently 

tion,  an. I  their  accounts  allowed, if  they  have  extravagant,    are    no    more    than    the    usual 

:i(tc<l    with    ordinary   prudence   and   with   a  charges    for    like    services    at   the   time,    an 

ivg:i  i«l  for  decency  and  respectability,  accord-  order   approving   his   account   of   them    will 

ini:    t<>   the   condition   and  life   of   deceased.  not  be  disturbed  on  appeal.     Idem, 
of  Millenovich,  5  Nev.-162. 

()05H.    Preference  to  mortgages— Extends  only  to  proceeds. 

SEC.  196.  The  preference  given  in  the  preceding  section  to  a  mortgage 
shall  only  extend  to  the  proceeds  of  the  property  mortgaged.  If  the  pro- 
ceeds of  such  property  be  insufficient  to  pay  the  mortgage  the  part  remaining 
unsatisfied  shall  be  classed  with  other  demands  against  the  estate. 

Kerr,C.C.  P.,  1644. 

<>O.H.     Kstate  insufficient  to  pay  debts  in  full— Dividends—  Preference. 

SEC.  197.  If  the  estate  be  insufficient  to  pay  all  the  debts  of  any  one 
class,  each  creditor  of  such  class  shall  be  paid  a  dividend  in  proportion  to  his 
claim,  and  no  creditor  of  any  one  class  shall  receive  any  payment  until  all  of 
those  of  the  preceding  class  have  been  fully  paid. 

Kerr,C.C.  I'..  164.-). 

()0:>;>.     Funeral,  last  sickness  and  family  expenses,  when  payable. 

SEC.  198.  It  shall  be  the  duty  of  the  executor  or  administrator,  as  soon  as 
he  has  sufficient  funds  in  his  hands  to  pay  the  funeral  expenses,  the  expenses 
of  the  last  sickness,  and  the  allowance  made  to  the  family  of  the  deceased, 
and  he  may  retain  in  his  hands  the  necessary  expenses  of  administration, 
but  he  shall  not  be  obliged  to  pay  any  other  debt  or  any  legacy  until  the  pay- 
ment shall  have  been  ordered  by  the  court. 

Krrr,  ('.  ('.  1'.,  164<>. 

H056.    Order  for  payment  to  creditors— Dividends— When  account  final- 
Discharge. 

SEC.  199.  Upon  the  settlement  of  any  account  of  an  executor  or  adminis- 
trator as  in  this  act  provided,  the  court  may  make  an  order  for  the  payment 
of  debts  as  the  condition  of  the  -estate  will  warrant.  If  there  shall  not  be 
sufficient  funds  in  the  hands  of  the  executor  or  administrator  to  pay  the  debts 
in  full,  the  court  shall  specify  in  the  decree  the  sum  to  be  paid  to  each  cred- 
itor. If  the  whole  estate  should  be  exhausted  by  such  payments,  such 
account  as  is  then  before  the  court  shall  be  the  final  account,  and  the  execu- 
tor or  administrator  shall  be  entitled  to  his  discharge  on  producing  and  filing 
the  necessary  vouchers  and  proofs  showing  that  such  payments  have  been 
made  and  that  he  has  fully  complied  with  the  decree  of  the  court. 

Kerr,  C.  C.  P.,  1647. 

6057.    Claims  contingent,  disputed  or  not  due— Payment  into  court- 
Consent. 

SEC.  200.  If  there  be  any  claim  not  due  or  any  contingent  or  disputed 
claim  against  the  estate,  the  amount  thereof  or  such  part  of  the  same  as  the 
holder  would  be  entitled  to  if  the  claim  were  due,  or  established  or  absolute, 
shall  be  paid  into  court,  where  it  shall  remain  to  be  paid  over  to  the  party 
when  he  shall  become  entitled  thereto,  or,  if  he  fail  to  establish  the  claim,  to 
be  paid  over  or  distributed,  as  the  circumstances  of  the  estate  require;  pro- 
vided, that  if  any  creditor  whose  claim  has  been  allowed,  but  is  not  yet  due, 


Sec.  6058  CIVIL  PRACTICE  1752 

shall  appear  and  consent  to  a  deduction  therefrom  of  the  legal  interest  for 
the  time  the  claim  has  yet  to  run,  he  shall  be  entitled  to  be  paid  accordingly. 

Kerr,  C.  C.  P.,  1648. 

6058.  Liability  of  executor  or  administrator  to  debtors  after  settlement  of 

account— Execution  may  issue. 

SEC.  201.  Whenever  a  decree  shall  be  made  by  the  court  for  the  payment 
of  creditors,  the  executor  or  administrator  shall  be  personally  liable  to  each 
creditor  for  the  amount  of  his  claim,  or  the  dividend  thereon,  and  execution 
may  be  issued  upon  such  decree  as  upon  a  judgment  in  any  other  action,  in 
favor  of  each  creditor,  and  the  same  proceedings  may  be  had  under  such 
execution  as  if  it  had  been  issued  upon  a  judgment.  The  executor  or  admin- 
istrator shall  also  be  liable  on  his  bond  to  each  creditor. 

Kerr,  C.  C.  P.,  1649. 

6059.  Payment  of  legacies  and  distribution. 

SEC.  202.  When  the  whole  of  the  debt  and  liabilities  of  an  estate  have 
been  paid,  the  court  shall  proceed  to  direct  the  payment  of  legacies  and  the 
distribution  of  the  estate  among  those  entitled,  as  hereinafter  provided;  pro- 
vided, the  estate  is  in  condition  to  be  closed;  if  not,  then  at  such  time  as  it 
thereafter  may  be  in  condition. 

Kerr,  C.  C.  P.,  1651. 

Taxes  to  be  ordered  paid  prior  to  distribution,  sec.  3629. 

Where  an  executor  files  his  final  account,  to  such  heirs  and  devisees  on  the  order  of 

an  order  of  the  court  directing  him  to  pay  the  court  after  proof  of  identity,  is  void, 

over  money  in  his  hands  to  the  county  treas-  Estate  of  McMahan,  19  Nev.  241  (8  P.  797). 
urer,  to  be  placed  to  the  credit  of  the  heirs  See  McNabb  v.  Wixom,  under  sec.  203  of 

and  devisees  of  the  testator,  and  to  be  paid  this  act. 

6060.  Final  account,  when  to  be  rendered. 

SEC.  203.  Whenever  all  the  property  of  an  estate  shall  have  been  sold,  or 
there  shall  be  sufficient  funds  in  his  hands  for  the  payment  of  all  debts  due 
by  the  estate,  and  the  estate  be  in  a  proper  condition  to  be  closed,  the  executor 
or  administrator  shall  render  and  file  his  final  account  and  pray  a  settlement 
of  his  administration. 

Kerr,  C.  C.  P.,  1652. 

Whenever  an  administrator  does  what  the  the   hands   of  those  entitled  to  it;    and  the 

law  prohibits,  or  fails  to  exercise  reasonable  bank   fails   and   the   money   is   lost,   he   and 

care    and    diligence   in    the    endeavor   to    do  his  sureties  are  liable  therefor.     Idem, 

what   the   law   enjoins,   he   and   his   sureties  Where  money  of  an  estate  is  lost  by  reason 

are  liable  for  the  damages  consequent  upon  of   such   neglect   of   an   administrator   as   he 

such   act   or   omission.     McNabb   v.   Wixom,  and  his  sureties  are  liable  for,  the  sum  lost 

7  Xcv.  163,  172.  constitutes  the  measure  of  damages.     Idem. 

If  an  administrator  deposits  money  of  an  In  settling  the  final  account  of  an  admin 
estate  in  a  bank,  and  allows  it  to  remain  istrator,  an  attorney's  fee  for  procuring  let- 
after  the  time  when  if  he  had  fulfilled  his  ters  of  administration  cannot  be  allowed, 
duty  it  would  have  been  distributed  and  in  Bowman  v.  Bowman,  27  Nev.  413  (76  P.  634). 

6061.  Neglect  to  render  final  account— Proceedings. 

SEC.  204.  If  he  neglects  to  render  and  file  his  final  account  the  same  pro- 
ceedings may  be  had  as  prescribed  in  this  act  in  regard  to  the  first  account 
to  be  filed  by  him,  and  all  the  provisions  relative  to  said  first  account,  and 
the  notice  and  settlement  thereof,  shall  apply  to  his  account  for  final  settle- 
ment. 

Kerr,  C.  C.  P.,  1653. 
See  sees.  6041-6051. 

6062.  Distribution,  when  made. 

SEC.  205.  When  the  accounts  of  an  executor  or  administrator  have  been 
settled  and  a  decree  for  the  distribution  of  the  estate  made  by  the  court,  the 
executor  or  administrator  shall  without  any  unnecessary  delay  distribute  the 
estate  remaining  in  his  hands  as  by  the  decree  directed. 

Kerr,  C.C.P.,  1665. 


1753  CIVIL  PRACTICE  Sec.  6067 

6068.    Accounts  confirmed,  when. 

SEC.  206.  At  the  time  any  account  comes  before  the  court  for  allowance, 
if  there  are  no  exceptions  filed  by  any  person  interested  in  the  estate,  and 
the  account  is  made  to  appear  to  the  court  to  be  correct  and  according  to 
law,  the  court  may  allow  and  confirm  the  account. 

6064.  Heirs,  devisees  or  legatees  may  receive  their  portion  of  estate  on 

giving  bond,  when. 

SEC.  207.  At  any  time  after  the  lapse  of  three  months  after  the  issuing 
of  letters  testamentary  or  of  administration,  any  heir,  devisee  or  legatee  may 
present  his  petition  to  the  court,  praying  that  the  legacy  or  share  of  the 
estate  to  which  he  or  she  is  entitled  may  be  given  to  him  or  her  upon  giving 
bond,  with  approved  security,  for  the  payment  of  his  or  her  proportion  of 
the  debts  of  the  estate. 

District    courts,    though    now    vested    witli  claimant     other     than     one     entitled     to     tin1 

jurisdiction  of  probate  matters,  are  governed  property   'as    an     heir,    devisee    or    legatee, 

byihe  rules  of  practice  that  formerly  applied  Idem. 

to    proltate   courts   and   the   rules   prescribtd  hi    such    proceedings    the    question    is    not 

by   the    probate  act,  and   must   be   governed  properly     before     the     court     to     determine 

by  provisions  of  said  act  as  to  the  character  whether  all   the    property   or   only  the   sepa 

and     extent     of     the     judgment     or     decree.  rate  property  of  the  decedent  was  embraced 

Estate  of  Foley,  24  Nev.  l(.*7    :;i  1*.  834).  in    an    agreement    between    the   widow    and 

Sections     L'."»i'    and    260  (Stats.     ls«!].     1S(5)  other    heirs   for  a    distribution   of  the   estate, 

provide    when,   on    whose   application,   and   to  l.dem. 

whom     distribution     may     lie     made     in     pro-  Where,  under  t  he  st  ipulat  ion  of  the  pa  rl  i'-s 

ceedinn->    for    partial    and    final    distribution.  to    this    proceeding,    the    petitions    present    a 

respectively.      The    courts    are    authori/.ed    t«>  case    for   the   partial    distribution    of   separate 

act    in   pursuance  of  these  provision*,,  and   not  property    to    the    appellant,   and    the   respond- 

otherwi>e      in      the     distribution     of     estate-;  ents   as    heirs    with    respect    to    that   property, 

Idem.  and    a    C8S6    for    partial    distribution    of   com- 

1'nder   BBCS.   252,   -">•".   and   -J.")5  (Stats.    ls»51.  munity     property    to    the     appellant    as    the 

:     was    held    that,    in    a    proceeding    for  widow    of   the   deceased,   and   to   the    respond 

partial   distribution  on  petition  of  decedent's  ei;ts   as    -rantees   of   the   appellant,  the   <-ourl 

\\idow,  the  court   cannot    distribute  any   part  has    no    authority    to    distribute    any    portion 

of  the  property  of  the  estate  to  parties  hav-  of  the  community    property  to  the  respond 

in-  title  thereto  as  grantees  of  the  petitioner  ents.      Idem. 

under    an    agreement    with    her.    and    not    as  When  any  person  appears  in  a  proceeding 

!icii>.   le.-.-itees  or  devisees  of  the  decedent  for   partial   distribution   of  the  estate   of   n 

Idem.  decedent,  claiming  the  property  sought  to  be 

In     proceedings     for     partial     distribution  distributed  as  the  grantee  of  an  heir, devisee 

under    the   above   sections,  none   other   than  or  legatee,  and  objects  to  such  distribution 

an  heir,  devisee  or  legatee,  having  an  inter-  be  in  14;  made  to  his  grantor,  the  distribution 

est    as  such  in   the  property  for  which   dis-  should    be    denied    or    suspended    until    the 

tribution  is  asked,  is  authorized  to  petition  rights  of  the  contestant  are  determined  on 

for   such    distribution,   and  the   court   is   not  final  distribution  or  in  some  other  appropri 

authori/ed  to  make  such  distribution  to  any  ate   proceeding.     Estate    of   Foley,   24   Nev. 

291  (52  P.  1134). 

6065.  Idem— Notice  of  petition. 

SEC.  208.  Notice  of  the  application  shall  be  given  to  the  executor  or 
administrator  personally,  and  to  all  persons  interested  in  the  estate,  in  the 
same  manner  that  notice  is  required  to  be  given  of  the  settlement  of  an 
account  of  an  executor  or  administrator,  or  [as]  the  court  may  direct. 

Kerr,  C.  C.P.,  1659. 

6066.  Idem— Who  may  resist. 

SEC.  209.  The  executor  or  administrator,  or  any  person  interested^  the 
estate,  may  appear  and  resist  the  application,  or  any  other  heir,  devisee  or 
legatee  may  make  a  similar  application  for  himself  or  herself. 

Kefr,  C.C.P.,  1660. 

See  Estate  of  Foley,  under  sec.  207  of  this  act. 

6067.  Idem— Decree  of  distribution— Bond. 

SEC.  210.  If,  on  the  hearing,  it  appears  that  the  estate  is  but  little  indebted, 
and  that  the  share  or  shares  of  the  party  or  parties  petitioning  may  be  allowed, 


Sec.  6068  CIVIL  PRACTICE  1754 

without  injury  to  the  creditors  of  the  estate,  the  court  shall  make  a  decree  in 
conformity  to  the  prayer  of  the  applicant  or  applicants;  provided,  that  each 
one  of  them  shall  first  execute  and  deliver  to  the  executor  or  administrator  a 
bond  in  such  sum  as  shall  be  designated  by  the  court  or  judge,  and  with  sure- 
ties to  be  approved  by  the  judge.  Such  bond  shall  be  made  payable  to  the 
executor  or  administrator  and  conditioned  for  the  payment  by  the  heir,  devisee 
or  legatee  whenever  required  of  his  or  her  proportion  of  the  debts  of  the 
estate. 

Kerr,  C.  C.  P.,  1601. 

See  sec.  3629. 

See  Estate  of  Foley,  under  sec.  207  of  this  act. 

6068.  Idem— Decree,  what  may  direct, 

SEC.  211.  Such  decree  may  direct  the  executor  or  administrator  to  deliver 
to  the  petitioner  or  petitioners  the  whole  portion  of  the  estate  to  which  he, 
she  or  they  may  be  entitled,  or  a  part  only  thereof. 

Kerr,  C.  C.  P.,  1661. 

6069.  Idem— Partition. 

SEC.  212.  If  in  the  execution  of  such  decree  any  partition  be  necessary 
between  two  or  more  of  the  parties,  it  shall  be  made  in  the  manner  herein- 
after prescribed. 

6070.  Idem— Cost  of  proceedings,  how  paid. 

SEC.  213.  The  costs  of  such  proceedings  shall  be  paid  by  the  applicant,  or 
if  there  be  more  than  one,  shall  be  apportioned  equally  amongst  them. 

Kerr,  C.  C.  P.,  1663. 

607 1.  Idem— Contribution  to  pay  debts— Citation— Order— Action  on  bond. 
SEC.  214.     Whenever  any  bond  has  been  executed  and  delivered  as  above 

prescribed,  and  the  executor  or  administrator  shall  ascertain  that  it  is  neces- 
sary for  the  settlement  of  the  estate  to  require  the  payment  of  any  part  of 
the  money  thereby  secured,  he  shall  petition  the  court  for  an  order  requiring 
the  payment,  and  cause  a  citation  to  be  issued  and  served  upon  the  party 
bound,  requiring  him  or  her,  at  a  time  and  place,  not  more  than  ten  days  after 
the  date  of  the  citation,  to  be  stated  therein,  to  appear  and  show  cause  why 
the  order  shall  not  be  made.  At  the  hearing  the  court,  if  satisfied  of  the 
necessity  for  such  payment  to  be  made,  shall  make  an  order  accordingly, 
designating  the  amount  and  giving  a  time  in  which  it  shall  be  paid.  If  the 
money  be  not  paid  within  the  time  allowed,  an  action  may  be  maintained  by 
the  executor  or  administrator  on  the  bond. 

Kerr,  C.  C.  P.,  1662. 

6072.  Petition  for  distribution   may  accompany  final  account— When 

otherwise— Supplementary  account— Decree. 

SEC.  215.  When  an  executor  or  administrator  files  his  final  account,  with 
a  petition  praying  for  the  allowance  and  confirmation  thereof,  he  may  also 
include  in  such  petition  a  prayer  for  the  distribution  of  the  estate,  and  upon 
the  settlement  and  allowance  of  the  final  account  the  court  may  also  decree 
a  distribution  of  the  residue  of  the  estate,  if  any,  among  the  persons  who  are 
by  law  entitled.  If  a  final  account  be  settled  and  allowed  without  a  decree 
of  distribution  the  executor  or  administrator,  or  any  heir,  devisee  or  legatee, 
or  assignee  or  grantee  of  any  heir,  devisee  or  grantee,  at  any  time  thereafter, 
may  petition  the  court  for  a  decree  distributing  the  estate.  A  statement  of 
the  receipts  and  disbursements  of  the  executor  or  administrator  since  the 
rendition  of  his  final  account  shall  be  reported  and  filed  before  or  at  the  time 
of  making  such  distribution,  unless  distribution  of  real  estate  only  be  made, 
and  a  settlement  thereof,  together  with  an  estimate  of  the  expense  of  clos- 
ing the  estate,  shall  be  made  by  the  court,  and  shall  be  included  in  the  decree, 


1755  CIVIL  PRACTICE  Sec,  6076 

or  the  court  or  judge  may  order  notice  of  the  settlement  of  such  supple- 
mentary account. 

Ken-,  C1.  C.  I'.,  Hitio. 

Cited.  Mc-Nabt)  v.  Wixmu.  7  NYv.  171. 

Kstaie  of  Foley,  under  sec.  207  of  this  act. 

6078.    Form  of  decree. 

SEC.  216.  In  the  decree  the  court  shall  name  the  persons  and  the  propor- 
tion or  parts  to  which  each  shall  be  entitled,  and  such  person  shall  have  the 
right  to  demand  and  recover  his  or  her  respective  share  from  the  executor 
or  administrator  or  any  other  person  having  the  same  in  possession. 

Kerr,  C.  ('.  1'.,  1I>IM>. 

-ei-.  :;»;L)(.I,  payment  of  taxes. 

Where  defendant,  before  she  was  appointed  L.  R.  A.  ti7L'.  7(5  P.  747);  Ksdi-n  v.  Kaiser,  27 

executrix    •>{'    an    estate,    promised,    for    the  Nov.   i:'.L>(7(i   P.   1134);   Kent   v.   Kaiser,   27 

|.urpci>«rs    nf    an    ami. -able    settlement    of    all  N0V,    i:!~»    7i'.   I'.   1184). 

us  as  to  the  probate  and  validity  of  Where  defendant  entered  into  a  contract 

a        fitain      will,     that      she     would,     when  \\heroby  she  promised,   on  becoming  execu- 

a | 'pointed     executrix,     make     certain     pay-  trix  of  an  estate,  to  make  certain  payments. 

INCUT-  tn   tin-   heirs  ami   distributees  of  the  one  for  whose  benefit  the  contract  was  made 

ent,   she  is  bound  individually  by  the  and  partly  executed  could  maintain  an  action 

a-r.-.-iiifiit.  uht-ii.as  a   r. -suit  of  the  contract,  thereon   against  the   defendant,  though   she 

.  omes  executrix  of  the  estate.    Painter  was  not  one  of  the  parties  that  signed  the 

v.    Kaiser.    i'7    Nev.   421  (10.".    A.    s.    77L',    <!.",  mntract.     Idem. 

6074.  Petition  for  distribution, iioticeof— Service— Publication— Further 

notice. 

SEC.  217.  When  a  petition  for  distribution  shall  be  filed,  notice  of  the 
hearing  of  said  petition  shall  be 'personally  served,  at  the  time  of  the  filing 
of  the  final  account  or  subsequently  thereto,  on  all  personally  interested  in 
the  estate  at  least  five  days  before  the  time  specified  in  the  notice,  or  shall 
be  given  by  publication  for  at  least  three  successive  weeks  in  such  news- 
paper as  the  court  or  judge  shall  order,  and  the  court  may  order  such  further 
notice  as  it  may  deem  proper.  As  amended,  Stats.  1899,  112. 

Kerr.  C.C.  I'..  K',r,S. 

6075.  Kstiite>  in  common— Partition. 

SEC.  218.  When  the  estate,  real  or  personal,  assigned  to  two  or  more 
heirs,  devisees  or  legatees  shall  be  in  common  and  undivided  and  the  respect- 
ive shares  cannot  be  separated  and  distinguished,  or  when  property  of  the 
estate  shall  be  held  in  common  and  undivided  with  other  parties,  partition 
thereof  may  be  made  as  hereinafter  provided. 

Kerr.  C.C.  P.,  W7.->. 

6076.  Idem— Petition,  who  may  file— Citation— Hearing— Decree. 

SEC.  219.  To  secure  such  partition  any  person  interested  may  file  a  petition 
stating  the  necessary  facts,  particularly  describing  the  property  to  be  par- 
titioned and  the  party  or  parties  interested  in  such  property.  Upon  filing 
such  petition  a  citation  shall  issue  to  all  persons  interested  who  shall  reside 
in  this  state,  or  their  guardians,  and  to  agents,  attorneys  or  guardians,  if  there 
be  any  in  this  state,  or  such  as  reside  out  of  this  state,  to  appear  and  show 
cause  why  a  decree  of  partition  should  not  be  made  as  prayed  for.  The  cita- 
tion shall  specify  the  estate  and  the  party  petitioning  for  partition,  also  the 
time  and  place  for  hearing  the  petition,  not  more  than  twenty  days  from  its 
date,  and  must  be  served  five  days  before  the  hearing  at  the  time  specified 
in  the  citation  or  at  such  further  time  as  the  court  may  continue  the  hearing. 
Upon  proof,  to  the  satisfaction  of  the  court,  that  the  citation  has  been  properly, 
served  as  above  required,  the  court  shall  proceed  to  hear  the  petition  and  the 
allegation  and  proofs  of  the  respective  parties,  and  decree  accordingly. 

Kerr,  C.  C.  P.,  1670. 


Sec.  6077  CIVIL  PRACTICE  1756 

6077.  Idem— Petition  may  be  filed,  when— Partition,  when  ordered. 

SEC.  220.  A  petition  for  partition  may  be  filed  at  any  time  before  the 
decree  of  distribution,  and  attorneys,  guardians  and  agents  appointed  and 
the  citation  issued,  and  the  petition  heard  and  determined  as  above  provided, 
in  which  case  the  commissioners  hereinafter  provided  for  to  make  partition 
shall  not  be  appointed  until  the  decree  has  been  made  assigning  the  estate, 
when  the  court,  having  assigned  the  estate,  may  appoint  commissioners  to 
partition  it  as  hereinafter  provided.  But  when  application  is  made  solely  to 
have  partition  between  the  estate  administered  upon  and  any  other  parties, 
such  application  may  be  heard  and  determined,  and  partition  ordered  at  any 
time  the  court  may  direct. 

Kerr,  C.  C.  P.,  1675. 

6078.  Idem— Commissioners  appointed— Number  of— Qualifications  and 

proceedings— Surveyor. 

SEC.  221.  When  the  property  to  be  partitioned  is  entirely  personal  prop- 
erty the  court  or  judge  shall  appoint  three  competent,  disinterested  persons 
as  commissioners  for  that  purpose,  who  shall  be  duly  sworn  by  any  officer 
authorized  to  administer  oaths,  to  faithfully  and  impartially  discharge  their 
duties.  A  certified  copy  of  the  order  appointing  them,  attached  to  a  certified 
copy  of  the  decree  assigning  and  distributing  the  estate,  shall  be  given  to 
them  as  their  warrant,  and  their  oath  must  be  endorsed  thereon.  When  the 
property  to  be  divided  is  real  estate,  or  partly  real  and  partly  personal,  one 
of  the  three  commissioners  shall  be  a  practical  surveyor.  Upon  consent  of 
the  parties,  and  when  the  court  shall  deem  it  proper  and  just,  the  court  may 
appoint  one  commissioner  only,  who  shall  'have  the  same  authority  and  be 
governed  by  the  same  rules  as  if  three  were  appointed. 

Kerr,  C.  C.  P.,  1675. 

6079.  Idem— When  real  estate  is  in  different  counties. 

SEC.  222.  If  the  real  estate  to  be  partitioned  shall  be  in  different  counties, 
the  court  or  judge,  if  deemed  proper,  may  appoint  commissioners  for  each 
county,  and  in  such  case  the  estate  in  each  county  shall  be  divided  sepa- 
rately, as  if  there  were  no  other  estate  to  be  partitioned;  but  the  commis- 
sioners first  appointed  shall,  unless  otherwise  directed  by  the  court,  make 
division  of  the  real  estate,  wherever  situated  in  this  state. 

Kerr,  C.C.P.,  1677. 

6080.  Idem— When  interest  parted  with. 

SEC.  223.  Partition  may  be  made  as  provided  herein,  although  some  of  the 
original  heirs,  devisees  or  legatees  may  have  assigned  or  conveyed  their 
shares  to  other  persons,  and  such  shares  shall  be  partitioned  to  the  person 
holding  the  same,  in  the  same  manner  as  they  would  have  been  to  the  heirs, 
devisees  or  legatees,  had  they  not  transferred  their  shares. 

Kerr,  C.  C.  P.,  1678. 

6081.  Idem— Shares,  how  set  out— Description— In  common,  when. 

SEC.  224.  The  several  shares  in  the  real  and  personal  estate  shall  be  set 
out  to  each  individual  in  proportion  to  his  or  her  right,  and  the  real  estate  by 
metes  and  bounds,  or  such  description  that  the  same  can  be  easily  distin- 
guished. If  two  or  more  of  the  parties  request  to  have  their  shares  set  out 
so  as  to  be  held  in  common  and  undivided,  such  shares  may  be  so  partitioned. 

Kerr,  C.  C.  P.,  1679. 

6082.  When  partition  cannot  be  made— May  be  assigned  to  one— Com- 

pensation to  others,  how  determined— Minors. 

SEC.  225.  When  any  such  real  estate  cannot  be  divided  without  prejudice 
or  inconvenience  to  the  owners,  the  court  may  assign  the  whole  to  one  or 


1757  CIVIL  PRACTICE  Sec.  6087 

more  of  the  parties  entitled  to  shares  therein,  who  will  accept  and  pay  to 
the  other  parties  interested  their  just  proportion  of  the  true  value  thereof, 
or  secure  the  same  to  their  satisfaction,  or,  in  case  of  the  minority  of  such 
party  or  parties,  to  the  satisfaction  of  the  guardian  of  such  minor  or  minors, 
and  the  true  value  of  the  estate  shall  be  ascertained  and  reported  by  the  com- 
missioners or  appraisers  appointed  specially  for  that  purpose. 

Kerr,  C.C.P.,  1680. 

6083.  Idem— Value  of  property  greater  than  either  party's  share— Com- 

missioners to  set  off—Compensation  to  others. 

SEC.  226.  When  any  tract  of  land  or  tenement  shall  be  of  greater  value 
than  either  party's  share  in  the  estate  to  be  divided  and  cannot  be  divided 
without  injury  to  the  same,  it  may  be  set  off  by  the  commissioners  to  any 
one  of  the  parties,  who  will  accept  it  and  pay,  or  secure  to  be  paid,  to  one  or 
more  of  the  others  interested,  such  sum  or  sums  as  the  commissioners  shall 
award  to  make  the  partition  equal,  and  the  commissioners  shall  make  their 
award  accordingly;  but  such  partition  shall  not  be  established  by  the  court 
until  the  sums  so  awarded  shall  be  paid  to  the  parties  entitled  to  the  same 
or  secured  to  their  satisfaction. 

Ki-rr,  C.  C.  I'.,  HM1. 

6084.  Idem— When  cannot  !><•  fairly  divided— Kstate  sold— Sale  conducted. 

how— Proceeds  divided. 

SEC.  227.  When  it  cannot  otherwise  be  fairly  divided,  the  whole  or  any 
part  of  the  estate,  real  or  personal,  may  be  recommended  by  the  commis- 
sioners to  be  sold,  and  if  the  report  be  confirmed  the  court  may  order  a  sale 
by  the  executor  or  administrator  or  by  a  commissioner  appointed  for  that  pur- 
pose, and  distribute  the  proceeds.  The  sale  shall  be  conducted,  reported  upon 
and  confirmed  in  the  same  manner  and  under  the  same  rules  as  in  ordinary 
cases  of  sales  of  land  by  an  administrator  under  this  act. 

K.'IT,  C.  C.    I'..    H'.S-J. 

6085.  Idem— Estates  in  common  with  other  persons,  how  partitioned— 

Suit  authori/ed. 

SEC.  228.  When  partition  of  real  estate  among  heirs,  devisees,  or  legatees 
shall  be  required,  and  such  real  estate  shall  be  in  common  and  undivided 
with  the  real  estate  of  any  other  person,  the  commissioner  shall  first  divide 
and  sever  the  estate  of  the  deceased  from  the  estate  in  which  it  lies  in  com- 
mon, and  such  division  so  made  and  established  by  the  court  shall  be  binding 
upon  all  the  persons  interested.  The  court  may  authorize  the  executor  or 
administrator  to  bring  suit  for  such  partition  when  deemed  necessary. 

Kerr,  C.C.P.,  167"). 

Partition,  civil  practice  act,  sees.  5527  55S.'{. 

6086.  Idem— Shares  of  equal  cash  value— Quality  and  quantity  considered. 
SEC.  229.     In  making  partition  the  commissioners  shall  always  have  regard 

to  quantity  and  quality,  and  may  set  off  quantity  against  quality,  or  quality 
against  quantity,  so  that  when  the  partition  is  made  all  the  shares  parti- 
tioned shall  be  of  equal  cash  value,  as  near  as  possible. 

6087.  Idem— Guardians  and  attorney  appointed— Minors  or  absent  heirs- 

Commissioners  to  give  notice— May  take  testimony. 

SEC.  230.  Before  any  partition  shall  be  made  as  provided  herein  guard- 
ians shall  be  appointed  for  all  minor  and  insane  persons  interested  in  the 
estate  to  be  divided,  and  an  attorney  shall  be  appointed  for  all  nonresident 
or  absent  heirs  or  other  persons  interested.  The  commissioners  shall  notify 
all  persons  interested  in  the  partition,  their  guardians,  agents  or  attorneys, 
of  the  time  when  they  will  proceed  to  make  partition,  which  time  shall  be  as 
111 


Sec.  6088  CIVIL  PRACTICE  1758 

reasonable  after  their  appointment  as  circumstances  will  admit  or  the  court 
in  the  order  of  appointment  may  fix  the  time.  The  commissioners  may  take 
testimony,  for  which  purpose  any  one  of  them  may  administer  an  oath,  and 
they  may  take  all  necessary  steps  to  enable  them  to  form  a  correct  judgment 
upon  the  matters  before  them. 

Kerr,  C,  C.  P.,  1664. 

6088.  Idem— Report  of  commissioners,  exceptions  to—Hearing— Court 

may  recommit  partition— New  commissioners— Confirmation  and 

conveyance. 

SEC.  231.  The  commissioners,  when  they  shall  have  completed  their  work, 
within  a  reasonable  time  [shall]  make  a  report  of  their  proceedings  and  of 
the  partition  made  by  them,  and  file  the  same  with  the  clerk  of  the  court. 
Within  fifteen  days  after  the  report  is  filed  any  person  interested  may  file 
exceptions  to  the  report,  particularly  specifying  the  grounds  of  objection.  A 
copy  of  such  objection  shall  be  served  upon  the  commissioners  and  all  parties 
interested  in  the  partition,  their  guardians,  agents  or  attorneys  in  the  county, 
before  or  at  the  time  they  are  filed,  with  a  notice  to  such  persons  that  the 
objecting  party  will,  at  a  certain  time  to  be  mentioned,  not  later  than  twenty 
days  after  the  filing  of  said  report,  move  the  court  to  set  aside  the  report, 
and  for  a  new  partition.  At  the  time  specified,  or  at  such  other  time  as  the 
court  may  sit,  the  court  shall  proceed  to  hear  the  report  and  exceptions,  and 
may  hear  proof  by  either  party,  and  for  sufficient  reasons  the  court  may  set 
aside  the  report,  and  recommit  the  partition  to  the  same  commissioners,  or 
appoint  others,  or  may  confirm  the  report.  If  no  exceptions  shall  be  filed  to 
the  report  within  the  time  above  specified,  the  court,  on  the  expiration  of 
said  fifteen  days,  or  at  any  time  thereafter,  if  the  report  appears  [to]  be  just 
and  correct  and  all  the  proceedings  regular,  shall  confirm  the  report,  and 
when  such  report  shall  be  finally  confirmed  the  decree  of  confirmation  and 
the  report  shall  be  recorded  by  the  clerk,  and  the  court  shall  order  proper 
conveyance  to  be  made  by  the  respective  parties  to  one  another,  or  may,  if 
for  any  reason  necessary  appoint  a  commissioner  to  make  such  conveyance 
or  conveyances  which,  when  acknowledged  or  recorded,  shall  effectually  pass 
the  title. 

Kerr,  C.  C.  P.,  1684. 

6089.  Advancements,  questions  of,  heard  by  court— Right  of  appeal. 
SEC.  232.     All  questions  as  to  advancement  made  or  alleged  to  have  been 

made  by  the  deceased  to  any  heirs  may  be  heard  and  determined  by  the 
court,  and  shall  be  specified  in  the  decree  distributing  the  estate,  and  in  the 
warrant  to  the  commissioners,  and  the  final  decree  of  the  court  shall  be  bind- 
ing on  all  parties  interested  in  the  estate  with  right,  however,  of  any  party  to 
appeal  from  a  final  decree  of  the  court  to  the  supreme  court  as  in  other  action. 

Kerr,  C.  C.  P.,  1686. 
Advancement,  see  sees.  6120-6124. 

6090.  Court  may  appoint  agent  for  absentees. 

SEC.  233.  When  any  estate  shall  be  distributed  by  the  court  or  partitioned 
by  commissioners  as  in  this  act  provided  to  any  person  residing  out  of  this 
state,  and  having  no  agent  therein,  and  it  shall  be  necessary  that  some  per- 
son should  be  authorized  to  take  charge  and  possession  of  the  same  for  the 
benefit  of  such  absent  person,  the  court  may  appoint  an  agent  for  that  pur- 
pose and  authorize  him  to  take  charge  of  such  estate. 

Kerr,  C.  C.P.,  1691. 

6091.  Idem— Bond  of  agent, 

.  SEC.  234.  Such  agent  shall  give  a  bond  to  the  district  judge  in  such  sum 
as  the  judge  shall  fix,  which  bond  shall  be  approved  by  the  judge  and  con- 


1759  CIVIL  PRACTICE  Sec.  6097 

ditioned  for  the  faithful  management  of,  and  accounting  for  the,  estate,  before 
such  agent  shall  be  authorized  to  receive  the  same,  and  the  court  may  allow 
a  reasonable  sum  out  of  the  profits  of  the  estate  for  services  and  expenses 
of  such  agent. 

Kerr,C.  C.P.,1692. 

Regarding  setting  apart  homestead  on  death  of  husband,  see  sec. 


t)2.  Idem—  Unclaimed  estates—  Sale—  Proceeds  paid  to  state  treasurer— 
Receipt  for. 

SEC.  235.  When  the  estate  shall  remain  unclaimed  in  the  hands  of  the 
agent  for  a  year,  it  shall  be  sold  under  an  order  of  the  court,  and  the  proceeds, 
deducting  the  expenses  of  the  sale  to  be  allowed  by  the  court,  shall  be  paid 
into  the  state  treasury,  for  which  the  treasurer  shall  receipt  in  duplicate  to 
the  agent,  one  of  which  the  agent  shall  file  in  the  office  of  the  state  comptroller 
and  the  other  in  the  estate  matter  in  the  district  court. 

Km-.  ('.('.  I1.. 


r,n«»3.     Idem—  Liability  of  agent. 

SEC.  236.  The  agent  shall  be  liable  on  his  bond  for  the  care  and  preserva- 
tion of  the  estate  while  in  his  hands,  and  for  the  payment  of  the  proceeds  of 
the  sale  as  required  in  the  preceding  section,  and  may  be  sued  thereon  by 
the  state  or  any  person  interested. 

Kerr,C.C.  1'..  1695. 


Idem—  Amount  recovered  by  claimant—  Proceedings. 
SEC.  237.  When  any  person  shall  appear  and  claim  the  money  paid  into 
the  treasury,  the  district  court  having  ordered  the  sale,  being  first  satisfied 
of  his  right,  shall  give  him  a  certificate  attested  by  the  clerk,  under  the 
seal  of  the  court,  and  upon  the  presentation  of  the  certificate  to  the  state 
comptroller  shall  draw  his  warrant  on  the  treasurer  for  the  amount. 

Krrr.r.C.  P.,  ir,!Mi. 


Decree  of  discharge  of  executor  or  administrator. 
SEC.  238.  When  the  estate  has  been  fully  administered,  and  it  is  shown 
by  the  executor  or  administrator,  by  the  production  of  satisfactory  vouchers, 
that  he  has  paid  all  sums  of  money  due  from  him,  and  delivered  up  on  the 
order  of  court  all  the  property  of  the  estate  to  the  parties  entitled,  and  has 
performed  all  acts  lawfully  required  of  him,  the  court  shall  make  a  decree 
discharging  him  and  his  sureties  from  all  liability  thereafter  to  be  incurred. 

K.-rr,  (1.  ('.  T.,  1<;<>7. 

(>OIM;.    Subsequent  letters  may  issue  for  cause. 

SEC.  239.  The  final  settlement  of  an  estate  shall  not  prevent  a  subsequent 
issuance  of  letters  testamentary  or  of  administration  should  other  property  of 
the  estate  be  discovered,  or  should  it  become  necessary  or  proper  from  any 
cause  that  letters  should  again  be  issued. 

Kerr,  C.  C.  P.,  3698. 

601)7.    Powers  suspended  by  order  of  court  pending  investigation  for  cause. 

SEC.  240.  Whenever  a  district  judge  has  reason  to  believe  from  his  own 
knowledge  or  from  credible  information  that  any  executor  or  administrator 
has  wasted,  converted  to  his  own  use,  or  mismanaged,  or  is  about  to  waste  or 
convert  to  his  own  use,  the  property  of  the  estate  committed  to  his  charge,  or 
has  committed  or  is  about  to  commit  any  wrong  or  fraud  upon  the  estate, 
or  has  become  incompetent  to  act,  or  has  permanently  removed  from  the  state, 
or  has  wrongfully  neglected  the  estate,  or  has  unreasonably  delayed  the  per- 
formance of  necessary  acts  in  any  particular  as  such  executor  or  administrator, 
it  shall  be  his  duty,  by  an  order  entered  upon  the  minutes  of  the  court,  to  sus- 


Sec.  6098  CIVIL  PRACTICE  1760 

pend  the  powers  of  such  executor  or  administrator  until  the  matter  can  be 
investigated. 

Kerr,  C.C.P.,1436. 

Cited,  State  v.  Borowsky,  11  Nev.  126. 

6098.  Idem—Special  administrator  may  be  appointed— Bond— Account. 

SEC.  241.  During  the  suspension  of  the  powers  of  an  executor  or  an 
administrator,  as  provided  in  the  preceding  section,  the  district  court,  or 
judge,  if  the  condition  of  the  estate  requires  it,  may  appoint  a  special  admin- 
istrator to  take  charge  of  the  effects  of  the  estate,  who  shall  give  bond  and 
account  as  other  special  administrators  are  required  to  do. 

6099.  Idem— Proceedings  on  suspension— Revocation— New  letters. 
SEC.  242.     When  such  suspension  has  been  made  the  clerk  shall  issue  a 

citation,  reciting  the  order  of  suspension,  to  the  executor  or  administrator, 
to  appear  before  the  court  at  a  time  therein  to  be  stated,  as  fixed  by  the 
court  or  judge,  to  show  cause  why  his  letters  should  not  be  revoked,  said 
citation  to  be  served  by  the  sheriff,  or  other  person,  as  provided  in  the  civil 
practice  act  for  service  of  process.  If  he  fail  to  appear  in  obedience  to  the 
citation,  or  appearing  the  court  shall  be  satisfied  that  there  exists  good 
grounds  for  his  removal,  his  letters  shall  be  revoked,  and  letters  of  adminis- 
tration granted  anew,  as  the  case  may  require. 

Kerr,  C.  C.  P.,  1437. 

6100.  Idem— Who  may  appear  and  participate  in  hearing. 

SEC.  243.  Any  person  interested  may  appear  at  the  hearing  and  file  alle- 
gations in  writing,  showing  that  the  executor  or  administrator  should  be 
removed.  Such  allegations  shall  be  heard  and  determined  by  the  court. 

Kerr,  C.  C.  P.,  1438. 

6101.  Executor  absconding,  concealed  or  out  of  state— Citation,  ho\v 

served. 

SEC.  244.  If  the  executor  or  administrator  has  absconded  or  conceals  him- 
self, or  has  removed  or  absented  himself  from  the  state,  the  citation  may  be 
served  by  leaving  a  copy  at  his  last  known  place  of  abode  and  upon  his  attor- 
ney of  record,  when  the  court  shall  have  jurisdiction  to  proceed  as  if  the  cita- 
tion had  been  personally  served. 

Kerr,  C.  C.  P.,  1439. 

6102.  Process  to  compel  attendance— Required  to  answer— Commitment— 

Revocation  of  letters. 

SEC.  245.  In  such  proceedings  for  the  removal  of  an  executor  or  adminis- 
trator the  court  may  compel  his  attendance  by  attachment  or  other  proper 
process  and  may  require  him  to  answer  questions,  on  oath,  touching  his  admin- 
istration, and  upon  his  refusal  so  to  do  may  commit  him  to  jail  until  he  obey, 
or  may  revoke  his  letters,  or  both. 

Kerr,  C.  C.  P.,  1440. 

6103.  General  provisions— Minutes  of  proceedings— Probate  register- 

Publications,  how  made— Times  may  be  shortened. 

SEC.  246.  The  clerk  shall  enter  a  minute  of  all  proceedings  in  matters  of 
estates,  as  in  other  actions,  and  also  in  the  probate  register.  When  publica- 
tion is  ordered  such  publication  shall  be  made  daily,  or  otherwise,  as  often  as 
during  the  prescribed  period  as  the  paper  is  regularly  issued,  unless  other- 
wise provided  in  this  act.  The  court  or  judge,  however,  may  prescribe  a  less 
number  of  publications  during  the  period  for  publication,  and  the  court  or 
judge  may,  for  good  cause  shown,  extend  or  shorten  any  of  the  times  pre- 
scribed in  this  act. 

Kerr,  C.  C.  P.,  1704,  1705. 

Clerk  may  give  notices  without  order,  sec.  6143. 


1761  CIVIL  PRACTICE  Sec,  6111 

The    neglect    of    the    clerk    to    enter    the  Where  an  order  of  the  probate  court  neces- 

order   could    in    no   way   affect  the   rights   of  sary  as  an  authorization  to -justify  the  acts 

executor  nor  render  the  order  less  effective  of.  an  executor  is  lost,  secondary  evidence  of 

a>  a   protection  to  him.     Estate  of  Milleno-  its  character  is  allowed.     Idem. 
rich,  ."  Nev.  n;:;.  1S6. 

(U04.    Personal  notice,  how  {riven—Citation. 

SEC.  247.  Whenever  personal  notice  is  required  by  this  act  to  be  given  to 
any  party  in  the  matter  of  an  estate,  and  no  other  mode  of  giving  notice  is 
prescribed,  it  shall  be  given  by  citation,  which  shall  be  issued  by  the  clerk 
under  the  seal  of  the  court,  and  directed  to  the  sheriff  of  the  proper  county, 
commanding  such  person  to  appear  before  the  court  or  judge,  as  the  case 
may  be,  at  a  time  and  place  to  be  named  in  the  citation;  also  the  nature  or 
character  of  the  proceeding  shall  be  briefly  stated  in  the  body  thereof. 

Kerr,  C.C.  P.,  1710. 

n'105.    Citation,  how  served. 

SEC.  248.  The  officer  to  whom  a  citation  is  directed,  unless  otherwise  pro- 
vided herein,  or  the  order  of  the  court  or  judge,  shall  serve  the  same  by 
delivering  a  copy  to  the  person  therein  named,  or  to  each  one  of  them,  if 
there  be  more  than  one,  and  shall  return  the  original  to  the  court,  according 
to  its  direction,  indorsing  thereon  the  time  and  manner  of  service. 

Kerr,  ('.  C.  I'..  17<H». 

tfl06.    Proofs  of  service  m'  papers— Publication— Affidavit— Evidence. 

SEC.  249.  All  proofs  of  publication  or  other  mode  or  modes  of  giving 
notice  or  serving  papers  may  be  made  by  the  affidavit  of  any  person  com- 
petent to  be  a  witness,  which  affidavit  shall  be  filed,  and  shall  constitute 
prima  facie  evidence  of  such  publication  or  service,  as  the  case  may  be. 

Kerr,  C.C.  P.,  1711. 

IJ107.     Citation,  time  of  service. 

SEC.  250.  When  no  other  time  is  specially  prescribed,  citation  shall  be 
served  at  least  two  days  before  the  return  day. 

Kerr,  C.  C.  I'.,  1711. 

b'108.    Testimony  in  other  places,  how  taken. 

SEC.  251.  For  the  purpose  of  taking  the  testimony  of  a  witness  or  witnesses 
in  other  counties  of  this  state,  or  in  other  states  or  territories,  or  foreign 
countries,  a  commission  may  be  issued  as  in  other  cases,  and,  when  issued  ex 
parte  no  cross-interrogatories  shall  be  necessary. 

Kerr,  C.C.  P.,  1713. 

(U09.    Issues  of  fact,  how  tried— Costs  determined  by  court— Execution. 

SEC.  252.  All  issues  of  fact  in  matters  of  an  estate  shall  be  disposed  of 
in  the  same  manner  as  is  by  law  provided  upon  the  trial  of  issues  of  fact  in 
a  common-law  action.  All  questions  of  costs  may  be  determined  by  the  court, 
and  execution  may  issue  therefor  in  accordance  with  the  order  of  the  court. 

Kerr,  C.  C.  P.,  1716. 

Cited,  Estate  of  McMahan,  19  Nev.  241  (8  P.  797) ;  Abel  v.  Hitt,  30  Nev.  105,  106  (93  P.  227) ; 
State  ex  rel.  Cook  v.  Langan,  32  Nev.  176  (105  P.  569). 

ti  1 1 0.    Attorney  for  minors. 

SEC.  253.  When,  upon  any  proceeding  in  an  estate,  an  attorney  has  been 
appointed  for  minors  or  others  interested  in  the  estate,  such  attorney,  until 
another  may  be  appointed,  shall  represent  the  party  or  parties  for  whom  he 
has  been  appointed  in  all  subsequent  proceedings. 

Kerr,  C.C.  P.,  1718. 

(Jill.    Decree  setting  aside  homestead— Copy  recorded. 
SEC.  254.    When  a  decree  is  rendered  setting  apart  a  homestead,  a  certified 


Sec,  6112  CIVIL  PRACTICE  1762 

copy  of  such  decree  shall  be  recorded  in  the  county  recorder's  office  where 
the  property  is. 

Kerr,  C.  C.  P.,  1719. 

Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v.  Grimes,  29  Nev.  59. 

6112.  Appeal— What  decisions  and  orders  may  be  appealed  from  to  the 

supreme  court— How  governed. 

SEC.  255.  Any  person  interested  in,  affected  by,  and  aggrieved  at  the  deci- 
sion and  decree  of  the  district  court  appointing  an  executor  or  administrator, 
revoking  letters,  allowing  a  final  account,  or  disallowing  it,  decreeing  a  dis- 
tribution or  partition,  order  or  decree,  confirming  or  setting  aside  a  report  of 
commissioners,  admitting  or  refusing  a  will  for  probate,  and  any  other  deci- 
sion wherein  the  amount  in  controversy  equals  or  exceeds,  exclusive  of  costs, 
one  thousand  dollars,  may  appeal  to  the  supreme  court  of  the  state,  to  be  gov- 
erned in  all  respects  as  an  appeal  from  a  final  decision  and  judgment  in  action 
at  law. 

Kerr,  C.  C.  P.,  1714. 

See  sec.  6089. 

Cited,  Lambert  v.  Moore,  1  Nev.  232;   In  A  notice  of  appeal  stating  that  appellants 

re  Winkleman,  9  Nev.  306;  Quinn  v.  Quinn,  appealed  from  an  "order"  allowing,  settling 

27  Nev.  156,  174  (74  P.  5).  and  affirming  a  final  account  of  administia 

See  Lonkey  v.  Powning,  under  sec.  109  of  tor,  also  reciting  the   date   of  the   entry   of 

this  act.  the  document  appealed  from,  and  the  amount 

A  decree  in  a  probate  proceeding,  reading,  of    the    attorney's   fee    fixed    by    the    order. 

"It   is   ordered,   adjudged   and   decreed   that  which     was     objected    to,     was     sufficiently 

the  said  final  account  of  said  administrator  descriptive    of    the    document    and    matter 

be,   and  the   same   is,   settled,   allowed,   and  appealed  from  to  meet  the  requirements  of 

affirmed,"   is  a   "decision  and   decree  allow-  this  section.     Idem. 

ing    a    final    account"    of    an    administrator.  Cited,  State   ex  rel.   Cook-  v.   Langan,   32 

within    this    section,    which    authorizes    an  Nev.  176  (105  P.  569). 

appeal  from  such  a  decision  or  decree.  Bow-  An  appeal  will  lie  from  an  order  refusing 

man    v.   Bowman,   27   Nev.   413,   417-419  (76  to  revoke  letters.     In  re  Bailey's  Estate.  31 

P.  634).  Nev.  377  (103  P.  232). 

6113.  Power  of  appellate  court— Costs,  execution  may  issue  for. 

SEC.  256.  Upon  an  appeal  the  appellate  court  may  in  its  discretion  reverse, 
affirm,  or  modify  the  judgment,  order  or  decree  appealed  from,  and  as  to  any 
or  all  of  the  parties,  and  order  a  remittitur  as  in  other  cases,  and  may  order 
costs  to  be  paid  by  any  party  to  the  proceedings,  or  out  of  the  estate  as  jus- 
tice may  require.  Execution  for  costs  may  issue  out  of  the  district  court. 

Kerr,  C.  C.  P.,  1714. 

6114.  Undertaking  on  appeal  not  required  by  executor  or  administrator. 
SEC.  257.     An  appeal  by  an  executor  or  administrator  as  herein  provided, 

who  has  given  an  official  bond,  shall  be  complete  and  effectual  without  an 
undertaking  on  appeal. 

Kerr,  C.  C.  P.,  1714. 

6115.  Reversal  of  order  appointing:  executor  or  administrator— Prior  acts 

valid— Successor— Certain  proof  not  again  required. 

SEC.  258.  When  an  order  or  decree  appointing  an  executor  or  adminis- 
trator shall  be  reversed  on  appeal,  all  lawful  acts  in  administration  upon  the 
estate  performed  by  such  executor  or  administrator,  if  he  shall  have  quali- 
fied, shall  be  as  valid  as  if  such  order  or  decree  had  been  affirmed.  When  an 
executor  or  administrator  resigns  or  is  removed,  a  successor  may  be  appointed 
if  a  necessity  therefor  exists,  without  again  proving  the  death  and  residence 
of  the  deceased. 

Kerr,  C.  C.  P.,  1728. 

6116.  Estate  of  intestate— Descent  and  distribution— When  to  escheat  to 

state  for  support  of  common  schools. 
SEC.  259.     When  any  person   having  title  to  any  estate,  not  otherwise 


1763  CIVIL  PRACTICE  Sec.  6116 

limited  by  marriage  contracts,  shall  die  intestate  as  to  such  estate,  it  shall 
descend  and  be  distributed  subject  to  the  payment  of  his  or  her  debts  in  the 
following  manner: 

First— If  there  be  a  surviving  husband  or  wife,  and  only  one  child,  or  the 
lawful  issue  of  one  child,  one-half  to  the  surviving  husband  or  wife  and  one- 
half  to  such  child  or  issue  of  such  child.  If  there  be  a  surviving  husband  or 
wife  and  more  than  one  child  living,  or  one  child  living  and  the  lawful  issue 
of  one  or  more  deceased  children,  one-third  to  the  surviving  husband  or  wife 
and  the  remainder  in  equal  shares  to  his  or  her  children,  and  to  the  lawful 
issue  of  any  deceased  child  by  right  of  representation.  If  there  be  no  child 
of  the  intestate  living  at  his  or  her  death,  the  remainder  shall  go  to  all  of  his 
or  her  lineal  descendants,  and  if  all  of  the  said  descendants  are  in  the  same 
degree  of  kindred  to  the  intestate,  they  shall  share  equally,  otherwise  they 
shall  take  according  to  the  right  of  representation. 

Second— If  he  or  she  shall  leave  no  issue,  the  estate  shall  go  in  equal  shares 
to  the  surviving  husband  or  wife  and  to  the  intestate's  father,  and  if  he  or 
she  shall  leave  no  father,  it  shall  go  in  equal  shares  to  the  surviving  husband 
or  wife,  and  to  the  intestate's  mother.  If  he  or  she  shall  leave  no  issue  nor 
father  nor  mother,  the  whole  community  property  of  the  intestate  shall  go 
to  the  surviving  husband  or  wife,  and  one-half  of  the  separate  property  of 
the  intestate  shall  go  to  the  surviving  husband  or  wife,  and  the  other  half 
thereof  shall  go  in  equal  shares  to  the  brothers  and  sisters  of  the  intestate, 
and  to  the  children  of  any  deceased  brother  or  sister  by  right  of  representa- 
tion. If  he  or  she  shall  leave  no  issue,  or  husband,  or  wife,  the  estate  shall 
go  to  his  or  her  father,  if  living,  if  not  to  his  or  her  mother,  if  living. 

Third— If  there  be  no  issue,  nor  husband,  nor  wife,  nor  father,  nor  mother, 
then  in  equal  shares  to  the  brothers  and  sisters  of  the  intestate,  and  to  the 
children  of  any  deceased  brother  or  sister  by  right  of  representation. 

Fourth— If  the  intestate  shall  leave  no  issue,  nor  husband,  nor  wife,  nor 
father,  nor  mother,  and  no  brother  or  sister  living  at  his  or  her  death,  the 
estate  shall  go  to  the  next  of  kin  in  equal  degree,  excepting  that  when  there 
are  two  or  more  collateral  kindred  in  equal  degree,  but  claiming  through 
different  ancestors,  those  who  claim  through  the  nearest  ancestors  shall  be 
preferred  to  those  who  claim  through  ancestors  more  remote;  provided,  how- 
ever, if  any  person  shall  die  leaving  several  children,  or  leaving  one  child  and 
issue  of  one  or  more  children  and  any  such  surviving  child  shall  die  under 
age  and  not  having  been  married,  all  the  estate  that  came  to  such  deceased 
child  by  inheritance  from  such  deceased  parent  shall  descend  in  equal  shares 
to  the  other  children  of  the  same  parent,  and  to  the  issue  of  any  such  other 
children  who  may  have  died,  by  right  of  representation. 

Fifth — If  at  the  death  of  such  child,  who  shall  die  under  age  and  not  hav- 
ing been  married,  all  the  other  children  of  his  said  parent  being  also  dead, 
and  any  of  them  shall  have  left  issue,  the  estate  that  came  to  such  child  by 
inheritance  from  his  or  her  said  parent  shall  descend  to  all  the  issue  of  the 
other  children  of  the  same  parent,  and  if  all  the  said  issue  are  in  the  same 
degree  of  kindred  to  said  child  they  shall  share  the  said  estate  equally;  other- 
wise they  shall  take  according  to  the  right  of  representation. 

Sixth — If  the  intestate  shall  leave  no  husband  nor  wife  nor  kindred,  the 
estate  shall  escheat  to  the  state  for  the  support  of  the  common  schools.  As 
amended,  Stats.  1899,  113;  1901,  44;  1903,  218. 

See  gees.  2164,  2165,  6125,  6140-6142. 

Right  of  representation  defined,  sec.  6129. 

C.  died  intestate  without  issue,  leaving  a  ters.     Such    distribution    was    held    correct 

widow    and    brothers    and    sisters,    but    no  under  the  rules  of  the  common  law.     Clark 

father    or    mother.     Upon    the    sale    of    real  v.  Clark,  17  Nev.  124  (28  P.  238). 
property  belonging  to  the  estate,  the  court  It  was  held  under  this  section,  that  one- 

'listributed    the    proceeds    one-half    to    the  half  of  the  property  shall   descend  and   be 

Avidow  ami  one-half  to  the  brothers  and  sis-  distributed,   subject   to   the   payment   of  the 


Sec.  6117  CIVIL  PRACTICE  1764 

debts,  to  the  surviving  husband  or  wife  and  provided,  if  the  intestate  shall  also  have  a 

the  other  half  to  the  intestate's  brothers  and  mother,    she    shall    share    equally    with    the 

sisters  and  to  the  children  of  any  deceased  brothers    and    sisters.     Estate    of   Foley,   24 

brother  or  sister  by  right  of  representation,  Nev.  197,  214  (51  P.  834). 

6117.  Illegitimate  child,  inheritance  of— Acknowledgment  by. father- 

Issue  of  null  or  dissolved  marriage  deemed  legitimate. 

SEC.  260.  Every  illegitimate  child  shall  be  considered  as  an  heir  of  the 
person  who  shall  acknowledge  himself  to  be  the  father  of  such  child  by  sign- 
ing in  writing  a  declaration  to  that  effect  in  the  presence  of  one  credible 
witness,  who  shall  sign  the  declaration  also  as  a  witness,  and  shall  in  all  cases 
be  considered  as  heir  of  the  mother,  and  shall  inherit  in  whole  or  in  part,  as 
the  case  may  be,  in  the  same  manner  as  if  born  in  lawful  wedlock.  The  issue 
of  all  marriages  deemed  null  in  law  or  dissolved  by  divorce  shall  be  legitimate. 

See  sec.  5833. 

6118.  Heirs  of  illegitimate  child. 

SEC.  261.  If  any  illegitimate  child  shall  die  intestate  without  lawful  issue 
and  shall  not  have  been  acknowledged  as  above  provided,  his  estate  shall 
descend  to  his  mother,  or,  in  case  of  her  decease,  to  her  heirs  at  law. 

6119.  Degrees  of  kindred  computed— Rules  of  civil  law— Kindred  of  half 

blood— Inheritance. 

SEC.  262.  The  degrees  of  kindred  shall  be  computed  according  to  the  rules 
of  the  civil  law,  and  kindred  of  the  half  blood  shall  inherit  equally  with  those 
of  the  whole  blood  in  the  same  degree,  unless  the  inheritance  comes  to  the 
intestate  by  descent,  devise  or  gift  from  some  one  of  his  or  her  ancestors,  in 
which  case  all  those  who  are  not  of  the  blood  of  such  ancestor  shall  be  excluded 
from  the  inheritance. 

6120.  Advancement  considered  a  part  of  estate  for  purposes  of  distribu- 

tion. 

SEC.  263.  Any  estate,  real  or  personal,  that  may  have  been  given  by  the 
deceased  in  his  or  her  lifetime  as  an  advancement  to  any  child  or  other  lineal 
descendant  shall  be  considered  as  part  of  the  estate  of  the  intestate,  so  far  as 
regards  the  distribution  and  division  thereof  among  his  or  her  issue,  and  shall 
be  taken  by  such  child  or  other  lineal  descendant  towards  his  or  her  share  of 
the  estate  of  the  deceased. 

Kerr,  C.C.  P.,1686. 
See  sec.  6089. 

6121.  When  advancement  exceeds  share— When  not. 

SEC.  264.  If  the  amount  of  such  advancement  shall  exceed  the  share  of 
the  heir  so  advanced,  such  heir  shall  be  excluded  from  any  further  portion 
in  the  distribution  and  division  of  the  estate,  but  he  or  she  shall  not  be 
required  to  refund  any  part  of  such  advancement;  and  if  the  amount  so 
received  shall  be  less  than  his  or  her  share,  he  or  she  shall  be  entitled  to  as 
much  more  as  will  give  him  or  her  his  or  her  full  share  of  the  estate  of  the 
deceased. 

Kerr,  C.  C.  P.,  1686. 

6122.  Gifts  and  grants  not  deemed  advancement,  when. 

SEC.  265.  No  gift  or  grant  shall  be  deemed  to  have  been  made  as  an 
advancement  unless  so  expressed  in  the  gift  or  grant,  or  charged  in  writing 
by  the  deceased  as  an  advancement,  or  acknowledged  in  writing  by  the  child 
or  other  descendant  to  be  such. 

Kerr,  C.  C.  P.,  1686. 
See  sec.  6089. 

6123.  Value  of  advancement,  how  determined. 

SEC.  266.     If  the  value  of  the  advancement  shall  be  expressed  in  the  con- 


1765  CIVIL  PRACTICE  Sec.  6127 

veyance,  or  in  the  charge  thereof  made  by  the  deceased,  or  in  the  acknowledg- 
ment of  the  party  receiving  it,  it  shall  be  considered  of  that  value  in  the 
distribution  and  division  of  the  estate;  otherwise  it  shall  be  estimated  accord- 
ing to  its  value  when  given  as  nearly  as  the  same  can  be  ascertained. 
Kerr,  C.  C.  P..  UJS«>. 

0124.    In  case  of  prior  death  of  recipient,  how  advancement  affects  heirs. 

SEC.  267.  If  any  child,  or  other  lineal  descendant  so  advanced,  shall  die 
before  the  person  making  the  advancement  leaving  issue,  the  advancement 
shall  be  taken  into  consideration  in  the  distribution  and  division  of  the  estate, 
and  the  amount  thereof  shall  be  allowed  accordingly  by  the  representatives 
of  the  heir  so  advanced  in  the  like  manner  as  if  the  advancement  had  been 
made  directly  to  them. 

Cerr.C.C.  P.,  ir,s<;. 

r>125.     Husband  and  wife—  Separate  property  only  a  fleeted. 

SEC.  268.  The  provisions  of  this  act,  as  to  the  inheritance  of  the  husband 
and  wife  from  each  other,  apply  only  to  the  separate  property  of  the  intestate. 

See  sees. 


r>12<>.    Act  to  lie  liberally  construed—  Proceedings  of  record—  Attorneys  of 
record,  powers  of—  Compensation. 

SEC.  269.  This  act  shall  be  liberally  construed,  to  the  end  that  justice  may 
be  done  all  parties,  and  as  speedy  settlement  of  estates  at  the  least  expense 
secured;  and  all  proceedings  in  matters  of  estate  shall  be  proceedings  of 
record  as  other  actions  and  proceedings;  and  all  attorneys  for  estates  or 
executors  or  administrators  or  appointed  in  the  proceedings  shall  be  attorneys 
of  record  with  like  powers  and  responsibilities  as  attorneys  in  other  actions 
and  proceedings,  and  shall  be  entitled  to  receive  a  reasonable  compensation, 
to  be  paid  out  of  the  estate  they  respectively  represent  for  services  rendered, 
to  be  allowed  by  the  court. 

Krrr,  (\  C.  P..  I7H). 
Authority  of  attorneys,  see  sec.  507. 

<  iicd,    Kirniaii    v.    Powning,   25   Nev.   370       an     estate     for     services     rendered     by     an 
P.  834).  attorney    therefor.     Torreyson    v.    Bowman, 

An    ordinary   action    will   not   lie  to   bind       2f>  Nev.  369,  371  (68  P.  472). 

(5127.    Summary  administration  may  be  ordered,  when—  Value  of  estate 
not  in  excess  of  $2000—  Procedure—  Costs  limited. 

SEC.  270.  When  it  shall  be  made  to  appear  to  the  court  or  judge,  by  affi- 
davit or  otherwise,  that  the  value  of  an  estate  does  not  exceed  two  thousand 
dollars,  the  court  or  judge  may,  if  deemed  advisable,  make  an  order  for  a 
summary  administration  of  such  an  estate,  dispensing  with  all  regular  pro- 
ceedings and  notices,  except  the  notice  of  appointment  of  executor  or  admin- 
istrator, which  shall  always  be  given  by  publication  for  four  weeks,  provided 
the  cost  does  not  exceed  five  dollars.  Creditors  of  such  an  estate  must  file 
their  claims,  due  or  to  become  due,  with  the  clerk,  within  forty  days  after 
the  first  publication  of  said  notice,  and  within  five  days  thereafter  the  execu- 
tor or  administrator  must  act  on  the  claims  filed,  and  present  them  in  three 
days  thereafter  to  the  judge  for  his  action.  Any  claim  which  shall  not  be 
filed  within  said  forty  days  shall  be  barred  forever.  The  judge  or  court  may, 
however,  if  deemed  proper,  order  the  notice  herein  provided  for  to  be  given 
by  posting,  instead  of  by  publication.  The  court  or  judge  must  be  satisfied 
that  proper  notice  has  been  given  before  decreeing  distribution  of  the  estate 
and  discharging  the  executor  or  administrator.  Every  claim  which  shall 
have  been  filed  as  above  provided,  allowed  by  the  executor  or  administrator, 
and  approved  by  the  judge,  shall  then,  and  not  till  then,  be  ranked  as  an 
acknowledged  debt  of  the  estate,  to  be  paid  in  due  course  of  administration. 


Sec.  6128  CIVIL  PRACTICE  1766 

The  administration  of  the  estate  may  be  closed  and  distribution  made  at  any 
time  after  the  expiration  of  the  time  for  the  judge  to  act  on  the  claims, 
when  it  shall  appear  to  the  court  that  all  the  debts  of  the  estate,  expenses 
and  charges  of  administration  and  allowance  to  the  family,  if  any,  have  been 
paid,  and  the  estate  in  condition  to  be  finally  settled.  The  total  of  fees  and 
costs  of  the  clerk  in  a  summary  administration  shall  not  exceed  fifteen  dol- 
lars. The  provisions  of  this  section  shall  apply  only  to  estates  of  which 
summary  administrations  shall  be  ordered. 

Kerr,  C.  C.P.,1469. 

6128.  Form  of  notice  to  creditors. 

SEC.  271.  The  notice  in  this  act  required  to  be  given  by  every  executor  or 
administrator  upon  his  qualifying  shall  be  in  substantially  the  following  form : 
"Notice  to  Creditors:  Notice  is  hereby  given  that  the  undersigned  has  been 
duly  appointed  and  qualified  by  the  (giving  the  title  of  the  court) ,  as  (exec- 
utor or  administrator,  as  the  case  may  be)  of  the  estate  of_.  __,  late  of 
said  county,  deceased.  All  creditors  having  claims  against  said  estate  are 
required  to  file  the  same,  with  proper  vouchers^  attached,  with  the  clerk  of 
the  court,  within  three  months  of  -the  first  publication  of  this  notice. 
Dated "  As  amended,  Stats.  1899,  114. 

Kerr,  C.  C.P.,1469. 

6129.  "  Right  of  representation  "  defined—Posthumous  children,  rights'  of. 
SEC.  272.     Inheritance  or  succession  "by  right  of  representation"  takes 

place  when  the  descendants  of  any  deceased  heir  take  the  same  share  or  right 
in  the  estate  of  another  person  that  their  parents  would  have  taken  if  living. 
Posthumous  children  are  considered  as  living  at  the  death  of  their  parents. 

Kerr,  C.  C.  P.,  1665. 

6130.  Estates,  when  escheat  to  state. 

SEC.  273.  If  any  person  shall  die,  or  any  person  who  may  have  died,  within 
this  state,  seized  of  any  real  or  personal  estate,  and  leaving  no  heirs,  repre- 
sentatives, devisees  or  legatees  capable  of  inheriting  or  holding  the  same,  and 
in  all  cases  where  there  is  no  owner  of  such  estate  capable  of  holding  the 
same,  such  estate  shall  escheat  to  and  be  vested  in  the  State  of  Nevada. 

Kerr,  C.  C.  P.,  1269. 

See  Estate  of  Sticknoth,  7  Nev.  223,  238. 

6131.  Idem— Duty  of  attorney -general— Information  to  file— Citation  to 

issue. 

SEC.  274.  Whenever  the  attorney-general  shall  be  informed,  or  shall  have 
reason  to  believe,  that  any  real  or  personal  estate  has  become  escheatable  to 
this  state  for  the  reasons  specified  in  the  preceding  section,  or  that  any  such 
estate  has  for  any  other  reason  become  escheatable,  it  shall  be  his  duty  to 
file  an  information  in  behalf  of  the  state  in  the  district  court  of  the  county 
wherein  such  estate,  or  any  part  thereof,  is  situated,  setting  forth  a  descrip- 
tion of  the  estate,  the  name  of  the  person  last  lawfully  seized,  the  name  of 
the  terre-tenant  and  persons  claiming  such  estate,  if  known,  and  the  facts 
and  circumstances  in  consequence  of  which  said  estate  is  claimed  to  have 
become  escheated,  and  alleging  that  by  reason  thereof  the  State  of  Nevada 
has  by  law  right  to  such  estate;  whereupon,  such  court  shall  order  that  a 
citation  be  issued,  to  such  person  or  persons,  bodies  politic  or  corporate, 
alleged  in  such  information  to  hold,  possess  or  claim  such  estate,  requiring 
them  to  appear  and  show  cause  why  such  estate  should  not  be  vested  in  the 
State  of  Nevada,  said  citation  to  be  made  returnable  within  the  time -allowed 
by  law  in  other  civil  actions.  The  court  may  also,  if  deemed  advisable,  order 
the  citation  to  be  published  in  a  newspaper  published  in  said  county  (if  any), 
and,  if  none,  then  in  some  other  newspaper  in  this  state. 

Kerr,  C.  C.  P.,  1269. 


1767  CIVIL  PRACTICE  See.  6132 


Idem—Contesting  escheats—  Procedure—  Judgment  and  costs—  Sale 
of  real  property—  Proceeds  from  escheats  paid  into  state  treasury. 
SEC.  275.  All  persons,  bodies  politic  or  corporate,  named  in  such  infor- 
mation as  terre-tenants  or  claimants  to  such  estate,  may  appear  and  plead  to 
such  proceedings,  and  may  traverse  or  deny  the  facts  stated  in  such  infor- 
mation —  the  title  of  the  state  to  the  estate  therein  mentioned  —  at  any 
time  on  or  before  the  return  day  of  the  citation;  and  any  other  person 
claiming  an  interest  in  such  estate  may  appear  and  be  made  a  defendant, 
and  plead  as  aforesaid,  by  motion  for  that  purpose  made  in  open  court, 
within  the  time  allowed  for  pleading  as  aforesaid  ;  and  if  any  person  shall 
appear  and  plead  as  aforesaid,  denying  the  title  set  up  by  the  state,  or 
traverse  any  material  fact  set  forth  in  the  information,  or  issue  or  issues 
of  fact  to  be  made  up,  the  matter  shall  proceed  as  other  civil  actions  on 
issues  of  fact,  and  a  survey  may  be  ordered  as  in  other  civil  actions  when 
the  boundary  is  called  into  question;  and  after  the  issues  are  tried,  if  it 
shall  appear  from  the  facts  that  the  state  has  a  good  title  to  the  estate  in 
the  information  mentioned,  or  any  part  thereof,  or  if  no  defense  be  made 
by  anyone,  judgment  shall  be  rendered  that  the  state  be  seized  thereof,  and 
recover  costs  of  suit  against  the  defendants,  if  any  appear.  Upon  any  judg- 
ment hereafter  rendered,  or  that  has  heretofore  been  rendered  by  any  court 
of  competent  jurisdiction,  escheating  real  property  to  the  state,  on  motion 
of  the  attorney-general,  or  on  motion  of  any  executor  or  administrator  hav- 
ing charge  of  such  estate,  the  court  shall,  or  the  court  may,  upon  its  own 
motion,  make  an  order  that  said  real  property  be  sold  by  the  sheriff  of  the 
county  wherein  the  same  is  situated,  at  public  sale,  for  gold  coin,  after  giv- 
ing such  notice  of  the  time  and  place  of  sale  as  is  provided  in  cases  of  sale 
of  property  under  execution;  and  the  sheriff  shall,  within  ten  days  after 
such  sale,  make  a  report  thereof  to  the  court,  and  upon  the  hearing  of  said 
report,  the  court  may  examine  the  said  report  and  witnesses  in  relation  to 
the  same,  and  if  the  proceedings  were  unfair,  or  the  sum  bid  disproportion- 
ate to  the  value  of  the  property  sold,  or  if  it  appear  that  a  sum  exceeding 
such  bid  at  least  ten  per  cent,  exclusive  of  the  expenses  of  a  new  sale,  may 
be  obtained,  the  court  may  vacate  the  sale  and  direct  another  sale  to  be  had 
of  which  notice  must  be  given,  and  the  sale  in  all  respects  conducted  as  if 
no  previous  sale  had  taken  place.  In  an  offer  of  ten  per  cent  more  in 
amount  than  that  named  in  the  report  be  made  to  the  court  in  writing,  by 
a  responsible  person,  the  court  may,  in  its  discretion,  accept  such  offer,  and 
confirm  the  sale  to  such  person,  or  order  a  new  sale.  If  it  appears  to  the 
court  that  the  sale  was  legally  made  and  fairly  conducted,  and  that  the 
sum  bid  is  not  disproportionate  to  the  value  of  the  property  sold,  and  that 
a  greater  sum  than  ten  per  cent,  exclusive  of  the  expense  of  a  new  sale, 
cannot  be  obtained,  or  if  the  increased  bid  above  mentioned  be  made  and 
accepted  by  the  court,  the  court  must  make  an  order  confirming  the  sale,  and 
directing  the  sheriff,  in  the  name  of  the  state,  to  execute  to  the  purchaser  or 
purchasers,  a  conveyance  of  said  property  sold;  and  conveyance  shall  vest  in 
the  purchaser  or  purchasers  all  of  the  right  and  title  of  the  state  therein, 
and  the  sheriff  shall,  out  of  the  proceeds  of  such  sale,  pay  the  cost  of  said 
proceedings  incurred  on  behalf  of  the  state,  including  the  expenses  of  mak- 
ing such  sale,  and  also  an  attorney's  fee,  if  additional  counsel  was  employed 
in  such  proceedings,  to  be  fixed  by  the  court,  not  exceeding  fifteen  per  cent 
on  the  amount  of  such  sale,  and  the  residue  thereof  shall  be  paid  by  said 
sheriff  into  the  state  treasury.  In  all  proceedings  to  recover  estates  which 
have  vested  in  the  state  by  escheat,  whenever  the  same  has  been  sold  as 
provided  in  this  section,  the  party  adjudged  entitled  thereto,  shall  be 
entitled  to  the  proceeds  of  such  sale  paid  into  the  state  treasury,  in  lieu  of 


Sec.  6133  CIVIL  PRACTICE  1768 

the  real  property  sold,  and  the  court  shall  decree  accordingly.    As  amended, 
Stats.  1905,  46. 

Kerr,  C.  C.  P.,  1269. 

Court  may  order  money  paid  into  state  treasury  as  escheats  paid  back  to  heirs,  sec.  1<;2">. 

6133.  Idem— Appeal  may  be  taken. 

SEC.  276.  Any  party  who  shall  have  appeared  to  any  proceedings  as  afore- 
said, and  the  attorney-general,  in  behalf  of  the  state,  shall  respectively  have 
the  same  right  to  prosecute  an  appeal  or  writ  of  error  upon  any  judgment,  as 
aforesaid,  as  parties  in  other  cases. 

Kerr,  C.  C.  P.,  1269. 

6134.  Idem— Controller  to  keep  account  of— Proceedings  to  recover  from 

state,  when  and  how  taken— Costs— Limitations— Persons  under 
disability— Legislature  may  cause  sale  of  lands. 

SEC.  277.  The  state  comptroller  shall  keep  a  just  and  true  account  of  all 
moneys  paid  into  the  treasury,  as  also  of  all  lands  and  personal  property 
vested  in  the  [e]  state  by  escheat;  and  if ,  within  ten  years  after  any  judgment 
escheating  property  to  the  state  any  person  shall  appear  and  claim  any 
money  that  may  have  been  paid  into  the  state  treasury  on  any  real  or  per- 
sonal property  vested  in  the  state  by  such  judgment,  such  person  may  file  a 
petition  in  the  district  court,  at  the  seat  of  government,  stating  the  nature 
of  the  claim,  with  an  appropriate  prayer  for  the  relief  demanded.  A  copy 
of  such  petition  shall  be  served  upon  the  attorney-general  before  or  at  the 
time  of  filing  the  same,  who  shall,  within  twenty  days  thereafter,  appear  in 
said  proceeding  and  plead  or  answer  to  such  petition ;  or,  if  the  attorney- 
general,  after  examining  all  the  facts,  should  become  convinced  that  the 
state  had  no  legal  defense  against  the  petition,  he  may,  with  the  consent  of 
the  court,  confess  on  behalf  of  the  state  judgment.  If  judgment  shall  not 
be  so  confessed  the  petition  shall  be  considered  at  issue  on  the  twentieth 
day  after  its  filing,  and  may  be  heard  by  the  court  on  that  day  or  at  such 
future  day  as  the  court  may  order.  Upon  the  hearing  the  court  shall 
examine  into  said  claim  and  hear  the  allegations  and  proofs,  from  which, 
if  the  court  shall  find  that  such  person  is  entitled  to  any  money  paid  into 
the  state  treasury  as  aforesaid,  it  shall,  by  judgment,  order  and  direct  the 
state  comptroller  to  draw  his  warrant  in  favor  of  such  claimant  upon  the 
treasurer  for  the  sum  specified  in  such  order,  but  without  interest  or  cost 
to  the  state.  If  any  real  estate  is  the  subject  of  such  trial,  and  the  court 
finds  the  claimant  entitled  to  it,  the 'court  shall  decree  accordingly,  which 
shall  be  effectual  for  divesting  the  interests  of  the  state. in  or  to  such  real 
estate,  but  no  costs  shall  be  taxed  against  the  state.  A  certified  copy  of  the 
judgment  and  order  directing  the  comptroller  to  draw  his  warrant  for 
money,  shall  be  a  sufficient  voucher  for  him  so  to  do.  All  persons  who  shall 
fail  to  appear  and  file  their  petitions  within  the  time  limited  as  aforesaid, 
shall  be  forever  barred,  saving,  however,  infants,  married  women,  persons 
of  unsound  mind,  and  persons  beyond  the  limits  of  the  United  States  the 
right  to  appear  and  file  their  petition  as  aforesaid,  at  any  time  within  five 
years  after  their  respective  disabilities  shall  be  removed.  The  legislature 
may  cause  any  lands,  escheated  to  the  state,  or  personal  estate,  other  than 
money,  at  any  time  after  the  judgment  of  escheatal,  to  be  sold  as  may  be 
provided  by  law,  and  the  proceeds  paid  into  the  state  treasury,  in  which 
case  the  petitioners  shall  be  entitled  to  the  proceeds  thereof,  in  lieu  of  such 
lands  or  personal  estate,  and  the  court  shall  decree  accordingly. 

Kerr,  C.  C.  P.,  1272. 
See  sec.  1625. 

6135.  Idem— Receiver  may  be  appointed  pending:  determination  of  title- 

To  give  bond. 

SEC.  278.    The  said  district  court,  upon  the  filing  of  the  information  herein- 


1769  CIVIL  PRACTICE  Sec.  6139 

before  provided,  upon  the  motion  of  the  attorney-general,  either  before  or 
after  answer,  upon  notice  to  the  party  or  parties  claiming  the  estate,  if 
known,  may,  sufficient  cause  therefor  being  shown,  appoint  a  receiver  to 
take  charge  of  the  real  estate  or  personal  property,  other  than  money, 
mentioned  in  such  information,  and  receive  the  rents  and  profits  of  the 
same 'until  the  title  of  such  property  shall  be  finally  settled.  Such  receiver 
shall,  before  entering  upon  his  duties,  execute  to  the  State  of  Nevada  a  bond 
in  a  sum  to  be  fixed  by  the  court,  with  sureties  to  be  approved  by  the  judge, 
conditioned  to  faithfully  perform  the  duties  of  the  trust,  and  fully  account 
to  the  party  finally  adjudged  to  be  entitled  to  the  property.  Such  party  may 
maintain  an  action  on  such  bond  for  any  default  or  damage. 
Kerr.C.C.  P.,1270. 

6136.  Idem— Information  to  attorney-general— Percentage  to  informer— 

Proviso. 

SEC.  279.  Any  person  furnishing  original  information  to  the  attorney- 
general  of  any  property  escheatable  to  the  state,  with  the  necessary  evidence 
to  sustain  the  action  of  the  state  in  that  behalf,  sha.ll  be  entitled  to  receive, 
upon  the  final  recovery  of  such  property,  five  per  cent  of  the  value  of  such 
property  so  recovered;  provided,  that  the  amount  so  recovered  by  the  person 
furnishing  the  information  shall  not  in  the  aggregate  exceed  the  sum  "of 
twenty  thousand  dollars  in  anyone  case;  and,  provided  further,  that  one  per- 
son only  shall  be  entitled  to  compensation  for  such  service. 

Kerr,  C.  0.  P.,  l'_W. 

6137.  Idem— Disposition  of  money. 

SEC.  280.  All  moneys  which  have  accrued  or  may  hereafter  accrue  to  the 
state  from  escheated  estates  shall  be  paid  into  the  general  fund,  and,  if  need 
be,  in  defraying  the  current  expenses  of  the  government  and  the  redemption 
of  the  comptroller's  warrants. 

Kerr,  C.  C.  P.,  12(50. 

All  estates  which  escheat  to  state  pledged  to  educational  purposes,  see  Const.,  sec.  :!">:>; 
see,  also,  sees.  3373,  0116. 

Mi >nr\  paid  into  state  treasury  as  escheats  may  be  ordered  paid  back  to  heirs,  sec.  1  ()•_'•">. 

6138.  Civil  practice  act  applicable. 

SEC.  281.  When  not  otherwise  specially  provided  in  this  act  all  the  pro- 
visions of  law  regulating  proceedings  in  civil  cases  shall  apply  in  matters  of 
estate,  when  appropriate,  or  the  same  may  be  applied  as  auxiliary  to  the  pro- 
visions of  this  act. 

Kerr,  C.C.P.,1713. 

Civil  practice  act,  sees.  4943-5821. 

Cited,  Estate  of  Millenovich,  5  Nev.  188.  Cited,  Abel  v.  Ilitt,  30  Nev.  93,  105,  106 

I 'acts  recited  entitling  a  claimant  to  have  (93  P.  227). 

liis    claim    amended    as    requested    and    that  A  motion  for  a  new  trial  preliminary  to 

constituted  an  amendment  of  the  same.    Kir-  appeal  is  proper  in  estate  proceedings  to  set 

man    v.    Powning,    25   Nev.    379,   396  (60    P.  aside  a  homestead  to  the  widow.     State  ex 

834).  rel.    Cook    v.   Langan,   32    Nev.    176  (105    P. 

568). 

6139.  Acts  repealed. 

SEC.  282.  The  act  entitled  "An  act  to  regulate  the  settlement  of  the 
estates  of  deceased  persons, "  approved  November  29,  1861  [p.  186] ,  and  all 
acts  amendatory  thereof  and  supplementary  thereto,  are  hereby  repealed. 

A  right  of  action  depending  solely  upon  ing  the  validity,  was  repealed,  before  the 

a  statute  that  has  been  repealed  falls  with  commencement  of  the  suit,  by  this  act, 

the  repeal  of  the  statute.  Kennedy  .v.  which  required  such  suits  to  be  commenced 

Adams,  24  Nev.  217,  220  (51  P.  840).  within  thirty  days  after  notice  of  the 

The  probate  law  of  1861,  allowing  holders  rejection,  under  penalty  of  being  barred.  It 

of  rejected  claims  three  months  in  which  to  was  held  that  the  action  was  governed  and 

commence  suit  for  the  purpose  of  determin-  barred  by  this  statute.  Idem. 


Sec.  6140  CIVIL  PRACTICE  1770 

An  Act  supplemental  to  an  act  entitled  "  An  act  to  regulate  the  settlement  of 
the  estates  of  deceased  persons, "  approved  March  23,  1897. 

Approved  March  20,  1901,  95 

6140.  When  estate  of  widow  descends  to  heirs  of  deceased  husband. 

SECTION  1.  Whenever  any  husband  dies  intestate,  leaving  heirs  in  this 
state,  and  if  the  wife  dies  intestate  subsequently  to  her  husband,  without 
heirs,  leaving  property  in  this  state,  her  estate  shall  vest  in  the  heirs  of  her 
husband,  subject  to  expenses  of  administration,  and  payment  of  legal  debts 
against  the  estate. 

See  sec.  6116. 

6141.  When  estate  of  widower  descends  to  heirs  of  deceased  wife, 

SEC.  2.  Whenever  any  wife  dies  intestate  without  issue,  leaving  heirs  in 
this  state,  and  if  the  husband  dies  intestate  subsequently  to  his  wife,  without 
heirs,  leaving  property  in  this  state,  his  estate  shall  vest  in  the  heirs  of  the 
wife,  subject  to  expenses  of  administration,  and  payment  of  legal  debts 
against  the  estate. 

6142.  Act,  how  applicable. 

SEC.  3.  This  act  shall  apply  to  estates  of  deceased  persons  hereafter  to 
arise,  or  now  in  process  of  settlement. 

An  Act  supplemental  to  an  act  entitled  "An  act  to  regulate  the  settlement  of 
the  estates  of  deceased  persons, "  approved  March  23,  1897. 

Approved  March  4,  1899, 102 

6143.  Notices  to  be  given  by  clerk  without  order  from  judge. 

SECTION  1.  All  notices  required  to  be  given  by  the  act  entitled  "  An  act 
to  regulate  the  settlement  of  the  estates  of  deceased  persons,"  approved 
March  23,  1897,  may  hereafter  be  given  by  the  county  clerk  without  an  order 
from  the  judge  for  the  same;  and  when  so  given  for  the  time  and  in  the 
manner  required  by  law,  they  shall  be  as  legal  and  valid  as  though  made 
upon  an  order  from  such  judge. 

6144.  Objections  filed  with  clerk— Time  of  hearing. 

SEC.  2.  If  the  court  is  not  in  session  at  the  time  set  for  the  hearing  of 
any  matter  concerning  the  settlement  of  the  estates  of  deceased  persons,  any 
one  opposing  the  application  therein  made  may  file  objections  thereto  with 
the  clerk,  and  thereafter  the  matter  shall  be  heard  upon  the  first  day  when 
the  court  is  in  session,  unless  such  hearing  is  continued  to  some  future  day. 

An  Act  to  protect  the  wages  of  labor. 

Approved  February  21,  1873,  76 

[Sections  1  and  3,  included  in  and  repealed  by  Stats.  1911,  civil  practice  act,  sec.  5821, 
covered  by  sees.  5493-5494.] 

6145.  Claims  for  wages  against  estates  of  deceased  employers— Not  to 

affect  homesteads  or  liens. 

SEC.  2.  That  in  all  cases  of  the  death  of  any  employer  or  employers,  the 
wages  of  each  miner,  mechanic,  salesman,  servant,  clerk,  and  laborer,  for 
services  rendered,  or  labor  performed,  within  ninety  days  next  preceding  the 
death  of  the  employer,  shall  rank  after  the  funeral  expenses  of  the  deceased, 
the  charges  and  expenses  of  administering  upon  the  estate,  and  the  allow- 
ance to  the  widow  and  infant  children,  and  be  paid  pro  rata  before  all  other 
claims  against  the  estate  of  the  deceased  person  or  persons;  provided,  this 
act  shall  in  no  way  affect  the  homestead  or  other  property  exempted  by  law 


1771  CIVIL  PRACTICE  Sec.  6148 

from  forced  sale,  or  any  mortgage  or  lien  lawfully  obtained  on  the  property 
of  the  deceased  person  before  his  or  her  death. 
Kerr,  C.C.  I1..  li'Oo. 
e  sees.  W2.  .'>!):><),  liorn'. 
-re.  n>">  <»f  the  act  relating  to  estates  of  deceased  persons. 

\\nges  as  preferred  claims  against  assignment,  attachment   and  execution,  see 


An  Act  supplementary  to  an  act  entitled  "  An  act  to  regulate  the  settlement 
of  the  estates  of  deceased  persons,  "  approved  March  23,  1897. 

Approved  March  22,  1911.  316 

1)141).    Property  of  estate  mav  be  mortgaged,  when  and  how. 

SECTION  1.  In  all  cases  in  the  settlement  of  the  estates  of  deceased  per- 
sons, the  court  or  judge  may,  on  a  petition  setting  forth  facts  showing  the 
advisability,  and  upon  notice  the  same  as  on  petition  for  the  sale  of  real  prop- 
erty, and  on  sufficient  proof,  make  an  order  authorizing  the  mortgaging  of 
real  or  personal  property  belonging  to  the  estate,  by  the  executor  or  admin- 
istrator. 

.,.,-.  5985,  ••!  seq.,  for  sales  of  real  property. 

An  Act  to  facilitate  the  execution  of  deeds  and  conveyances  of  property  of  per- 
sons who  are  bound  by  bond  or  contract  to  convey  real  estate  or  transfer 
personal  property,  but  who  die  before  making  the  conveyance  or  transfer, 
authorizing  the  district  court  having  jurisdiction  over  the  estate  to  decree 
that  the  executor  or  administrator  complete  the  execution  of  the  contract. 

Approved  March  22.  1911.  ::i:. 

(\\\1.     Kxecntors  may  complete  contract  of  decedent  in  convey  ing  property. 

SECTION  1.  If  any  deceased  person  was,  at  the  time  of  his  death,  a  party 
to  a  bond  or  contract  in  writing  for  a  deed  for  a  sale  and  conveyance  of  real 
estate,  or  personal  property,  his  interest  in  said  property  may  be  conveyed 
by  his  executor  or  administrator,  upon  full  compliance  of  the  terms  and  con- 
ditions of  such  bond  or  contract  by  the  other  parties  thereto,  and  a  deed  of 
conveyance  so  made  shall  transfer  the  same  title  as  though  made  by  such 
deceased  if  alive.  Such  conveyance  shall  be  made  uppn  report  to  the  district 
court  of  the  county  in  which  the  estate  of  such  deceased  person  is  being 
administered,  showing  that  all  the  terms  and  conditions  of  said  bond  or  con- 
tract have  been  met,  and  if  satisfied  therewith,  said  district  court  shall 
thereupon  make  an  order  authorizing  and  directing  the  execution  of  requi- 
site deed  or  transfer  to  the  proper  parties. 

0148.    Present  cases  included. 

SEC.  2.  This  act  shall  affect  estates  of  deceased  persons  now  being  pro- 
bated. 

See  sees.  6032,  6033. 

GUARDIANS 

General  act  regarding  the  appointment  and  duties  of  guardians,  sections  6149-6197. 
Act  supplemental  to  above  act,  providing  for  removal  of  property  of  nonresident  ward, 
sections  6198-6202. 

Adoption  of  children,  sections  5825-5835. 

Bonds  and  undertakings  by  surety  companies,  sections  695-701. 

Children,  sections  728-766. 

Civil  practice,  sections  4943-5821. 

Compulsory  educatipn,  sections  3443-3451. 

District  court  rule  XXIX  concerning  guardians,  following  section  4942. 

Failure  of  guardian  to  keep  child  at  school,  section  3445. 

Guardian  ad  litem  in  justice's  court,  section  5726. 

Guardian  may  be  ordered  to  place  child  in  hospital,  section  738. 

Guardian  may  consent  to  adoption,  section  739. 


Sec.  6149 


CIVIL  PRACTICE 


1772 


Guardians  in  district  court  proceedings,  sections  4992,  4993. 
Guardians  in  estates  of  deceased  persons,  sections  6190-6192. 
Jurisdiction  over  guardians  in  district  court,  section  4849. 
Juvenile  court  law,  section  729,  et  seq. 
Protection  of  school  children,  sections  3452-3454. 


An  Act  to  provide  for  the  appointment  of  guardians  and  to  prescribe 

their  duties. 


Approved  March  11,  1899,  70 


6149.  Guardians  of  minors  may  be  appointed.       6174. 

6150.  Idem — Petition  to  be  filed  in  relation 

to — Notice,    how    given  —  Petition       6175. 
and  notice  not  required  when  guard- 
ian named  in  will.  6176. 

6151.  Idem — Hearing — Appointment — Minor 

may  nominate,  when.  6177. 

6152.  Idem — Minor  arriving  at  age  of  four- 

teen    may     nominate  —  Judge     to       6178. 
approve. 

6153.  Idem — Father    or    mother    entitled    to, 

when.  6179. 

6154.  Powers  and  duties  of  guardian — Law-       6180. 

ful  age. 

6155.  Idem — Bond    to    be    given — Sureties — 

Conditions  of  bond.  6181. 

6156.  Idem — Insufficiency    of   bond — Proced- 

ure to  determine — Service. 

6157.  Idem — District  judge  to  investigate —       6182. 

Further  security  required.  6183. 

6158.  Idem — Neglect  to  comply  with   order, 

cause  for  revocation,  of  letters.  6184. 

6159.  Idem — Removal  for  incapacity  or  mis- 

management— Citation  and  hearing 

— May  suspend  pending  judgment.          6185. 

6160.  Education    and    maintenance — Minor's 

estate  may  be  applied  to,  when. 

6161.  Guardian   pendente   lite — Next   friend       6186. 

may   sue    or   defend   for — Power   to 
appoint  by  will.  6187. 

6162.  Petition    to    be    filed    in    relation    to 

insane  or  other  incompetent  person 
— Citation  and  procedure. 

6163.  Idem — District  judge  to  appoint.  6188. 

6164.  Idem — Power    of    guardian — Qualifica-       6189. 

tions — Bond.  6190. 

6165.  Guardians     generally  —  Payment     of 

debts — Sale  or  mortgage  of  property      6191. 
— Notice  and  hearing. 

6166.  Idem — Management   of   estate — Appli-       6192. 

cation   of  income — Sales  and  parti-       6193. 
tion.  6194. 

6167.  Idem  —  To     settle     or     compound     all       6195. 

accounts— Legal  proceedings.  6196. 

6168.  Idem  —  Inventory    to    be    returned  —       6197. 

Accounts — Law  of  estates  to  apply.       6198. 

6169.  Idem — Insufficiency  of  income  to  main- 

tain— Sale  of  property. 

6170.  Idem — Sale   of   realty   for    investment       6199. 

for  benefit  of  ward.  6200. 

6171.  Idem — Proceeds     of     sales     generally, 

how  may  be  applied. 

6172.  Idem — Proceeds   invested   to   the   best       6201. 

advantage — Judge  to  approve. 

6173.  Idem — Petition  for  order  of  sale  to  be 

filed — Citation  to  issue. 


Idem — Citation,  upon  whom  served — 
Court  may  order  publication. 

Idem — Hearing — Who  may  object  to 
order. 

Idem — Examination  of  guardian — Pro- 
cess for  witnesses. 

Idem — In  case  of  objection — Costs  mas- 
be  imposed. 

Idem — Order  of  sale,  what  to  specif  v- 
Notice   of  sale,  when   posting   suffi- 
cient. 

Idem — Additional  bond  to  be  given. 

Idem — Proceeds  of  sale  or  money  on 
hand,  how  invested — Notice,  hear- 
ing and  order. 

Removal  or  resignation  of  guardian — 
Causes  for  removal — Appointment 
of  successor. 

When  discharged. 

'  When  new  bond  shall  be  required — Dis- 
charge of  sureties. 

Form  of  bond — Where  filed — Liability 
of  parties  to  proceedings  in  action 
in  behalf  of  ward. 

Action  against  sureties  to  be  com- 
menced within  three  years  after  dis- 
charge— Disability,  effect  of. 

Examination  upon  charge  of  fraud — 
Complaint  and  proceedings. 

Letters  of  guardianship  for  nonresi- 
dent minor  —  Bond  —  Guardian  in 
other  state  may  be  appointed — 
Proof. 

Powers  and  duties  alike. 

Idem — Bond  and  qualification — Duties. 

Guardianship  first  granted — Exclusive 
powers — Jurisdiction. 

Expenses  allowed  —  Reasonable  com- 
pensation. 

Joint  guardian. 

Idem— Form  of  bond. 

Idem — Account — Oath  of  one. 

Sales  of  realty,  credit  may  be  allowed. 

Fees  of  clerk — Limitation  on. 

Acts  .repealed — Saving  clause. 

Nonresident  guardian  of  nonresident 
ward  may  remove  property  out  of 
state  upon  application. 

Idem — Notice  and  showing. 

Idem  —  Discretion  of  court  —  Order 
granting  authority  to  recover  prop- 
erty. 

Idem — Order,  discharge  of  local  guar- 
dian— Receipt,  to  file. 


6149.    Guardians  of  minors  may  be  appointed. 

SECTION  1.     When  necessary  or  convenient,  guardians  of  the  person  and 


1773  CIVIL  PRACTICE  Sec.  6152 

estate  or  either,  of  minors,  who  are  inhabitants  of,  or  reside  in  the  county 
wherein  application  may  be  made;  or  minors  who  being  now  residents  of  the 
state,  have  any  estate  in  such  county,  may  be  appointed  as  herein  provided. 

Guardians  ad  litein,  how  appointed,  sec.  4993. 

See  sees.  499i>.  4W>,  4996. 

See  juvenile  court  law,  sees.  <L'S  /"xi. 

In  guardianship  matters  where  the  judg-  cannot  he  successfully  resisted  until  over- 
men! of  the  district  court  is  collaterally  ruled  or  modified  by  some  proceeding 
attacked,  the  jurisdiction  of  the  court  is  con-  impeaching  it.  IMem. 

clusively    presumed,    and    evidence    to    the  Such    judgments   are   conclusive   not    only 

cuntrary     is     not     admissible.      Deegan     v.  against  the  guardian  himself,  but  also  against 

ii.   --  Nev.  186,  197  (58  A.  S.  742,  37  the  sureties  on  his  guardianship  bond;  what- 

I'   .'th'O).  e\er     binds     and     concludes     the     guardian 

The  judgment  of  the  district  court  on  mat-  equally    binds    and    concludes    his    sureties. 

ters  concerning  persons  or  rotates  of  minors  Idem. 

1)150.     Idnn— Petition  to  bo  filed    in   relation  to— Notice,  how   given— 
Petition  and  notice  not  required  when  u'nardian  named  in  will. 

SEC.  2.  To  secure  the  appointment  of  a  guardian,  any  relative  of  or  any 
person  interested  in  or  befriending  a  minor,  may  file  in  the  clerk's  office  of 
the  district  court  of  the  proper  county  a  petition  setting  forth  the  necessary 
facts,  and  praying  for  the  appointment  of  some  designated  person  or  persons 
as  guardian  or  guardians.  Upon  such  petition  being  filed,  the  clerk  shall 
give  notice  of  the  hearing  thereof  by  posting  in  three  public  places  in  the 
county,  one  of  which  shall  be  at  the  front  door  of  the  court  house  thereof,  a 
notice  containing  the  name  or  names  of  the  minor  or  minors,  the  party  peti- 
tioning, the  object,  and  the  time  and  place  for  the  hearing,  which  shall  not 
be  later  than  ten  days  after  such  posting.  The  party  petitioning  shall  also 
cause  notice  to  be  served  upon  any  person  in  whose  custody  or  care  such  minor 
or  minors  may  be;  provided,  if  any  person  shall  be  nominated  guardian  by 
will,  the  court  may,  on  the  probate  of  such  will,  or  at  any  time  thereafter, 
appoint  such  person  or  persons  guardian  without  any  petition  or  notice. 

s.-r  sec.  ">:;7ii. 

In  the  appointment  of  a  guardian  the  to  t  lie  in  t'ant's  n-l.-it  ives  or  the  persons  having 
intere-i  ,.f  the  minor  is  the  paramount  con-  its  custody,  is  Bravely  irregular.  In  re 
^deration.  The  parental  request  is  entitled  Winkleman,  9  Nev.  :'.<):!. 

real   weight  and  ought  to  prevail  unless  The    provisions    of    the    old    probate    law 

Liuod  reason  to  the  contrary  be  shown.  that  letters  <>t'  administration  shall  issue  to 
Tadenhoof  v.  Johnson,  11  Nev.  87,  89.  the  guardian  of  a  minor,  instead  of  to  the 

The    district    judge    has    no    authority    to       minor  himself,  refers  to  a  guardian  appointed 
appoint  any  person  guardian  of  the  person  or       in   this  state  and  not  the  one  appointed  in 
estate    of    n    minor    except    upon    a    written       some    other    state.     Estate    of    Nickals.    •_'  1 
petition  in  his  behalf  and  after  notice  of  his      Nev.  462,  465,  466  (34  P.  250). 
application.     Idem.  Except  as  a   matter  of  comity,  in  excep- 

The  appointment  of  a  stranger  as  guardian  tional  cases,  a  guardian  of  a  minor  appointed 
of  the  person  and  estate  of  an  infant  within  in  one  state  is  not  recognized  as  such  in 
three  days  after  petition  and  without  notice  another  state.  Idem. 

6151.  Idem— Hearing— Appointment— Minor  may  nominate,  when. 

SEC.  3.  At  the  time  fixed  in  the  notice  for  the  hearing,  or  at  such  other 
time  to  which  the  hearing  may  be  continued,  upon  proof  of  the  proper  notices 
having  been  posted  and  served,  the  court  may  hear  the  petition  and  appoint 
a  guardian  or  guardians.  If  a  minor  is  above  the  age  of  fourteen  years,  he 
or  she  may  nominate  his  or  her  own  guardian,  who,  if  approved  by  the  judge, 
shall  be  appointed  accordingly,  but  if  the  guardian  so  nominated  by  the 
minor  should  not  be  approved  by  the  judge,  or  if  the  minor  shall  reside  out 
of  the  state  or  is  not  fourteen  years  of  age,  the  judge  may  nominate  and 
appoint  the  guardian. 

6152.  Idem— Minor  arriving  at  age  of  fourteen  may  nominate— Judge  to 

approve. 

SEC.  4.     When  a  guardian  of  a  minor  under  the  age  of  fourteen  years  has 
112 


Sec.  6153  CIVIL  PRACTICE  1774 

been  appointed  by  the  judge,  such  minor,  at  any  time  after  attaining  to  said 
age,  may  nominate  his  or  her  guardian  who,  if  approved  by  the  judge,  shall 
be  appointed. 

6153.  Idem— Fath'er  or  mother  entitled  to,  when. 

SEC.  5.  The  father,  if  living,  and  in  case  of  his  decease,  the  mother,  being 
each  competent  to  transact  his  or  her  own  business,  and  not  otherwise  unsuita- 
ble, shall  be  entitled  to  the  guardianship  of  the  minor. 

6154.  Idem— Powers  and  duties  of  guardian— Lawful  age. 

SEC.  6.  Every  guardian  appointed  as  aforesaid,  shall  have  the  custody  and 
tuition  of  the  minor,  and  the  care  and  management  of  the  estate,  of  which 
appointed,  until  such  minor  shall  attain  to  the  age  of  twenty-one  years,  if  a 
male,  or  eighteen  years,  if  a  female,  unless  sooner  discharged  according  to 
law. 

6155.  Idem— Bond  to  be  given— Sureties— Conditions  of  bond. 

SEC.  7.  Before  the  order  appointing  any  person  guardian  under  this  act 
shall  take  effect,  and  before  letters  shall  issue,  the  person  or  persons  so 
appointed  shall  take  and  subscribe  the  official  oath,  to  be  endorsed  on  the 
letters,  and  shall  give  bond  to  the  minor  or  minors  in  such  sum  as  the  court 
may  order,  with  at  least  two  sufficient  sureties  to  be  approved  by  the  court 
or  judge,  and  conditioned  that  the  guardian  shall  faithfully  execute  the  duties 
of  his  or  her  trust  according  to  law;  and  the  following  conditions  shall  be 
deemed  to  form  a  part  of  such  bond  without  being  expressed  therein: 

First— To  make  a  full  and  true  inventory  of  all  the  estate,  real  and  personal, 
of  the  ward,  and  have  the  same  appraised  by  three  disinterested  persons,  to 
be  appointed  by  the  court  or  judge,  and  to  return  and  file  in  the  clerk's  office, 
within  twenty  days  after  qualifying,  such  inventory  and  appraisement  under 
oath. 

Second— To  manage  all  such  estate  according  to  law  and  for  the  best  inter- 
est of  the  ward,  and  to  discharge  faithfully  his  or  her  trust  in  relation  thereto, 
and  also  in  relation  to  the  care,  custody  and  education  of  the  ward. 

Third — To  render  under  oath  a  true  account  of  the  property,  estate  and 
moneys  of  the  ward,  and  all  proceeds  or  interest  derived  therefrom,  and  of 
the  management  and  disposition  of  the  same,  within  one  year  after  appoint- 
ment, and  annually  thereafter,  and  at  such  other  time  as  the  court  may  direct. 

Fourth— At  the  expiration  of  his  trust,  to  settle  his  or  her  final  account 
with  the  court  or  with  the  ward  if  of  legal  age,  or  his  or  her  legal  represent- 
ative, and  to  pay  over  all  moneys,  and  deliver  all  the  estate  and  effects 
remaining  in  his  or  her  hands  or  justly  chargeable  to  the  guardian  on  such 
settlement,  to  the  person  or  persons  lawfully  entitled  thereto. 

Upon  filing  such  bonds  duly  approved  by  the  district  judge,  and  taking  the 
oath  of  office  as  aforesaid,  the  clerk  shall  issue  letters  of  guardianship  to  the 
person  or  persons  appointed.  Letters  of  guardianship  may  be  substantially 
in  the  following  form: 

(After  properly  entitling  court  and  cause. )  Whereas,  by  order  of  said  court 

herein  made  and  entered  on  the day  of ,  1 ,  __ 

.__ was  (or  were,  as  the  case  may  be)  appointed  guardian  of  the 

(person  and  estate,  or  either,  as  the  case  may  be)  of_.  ._,  minor; 

and,  whereas,  the  said has  (or  have,  as  the  case  maybe)  duly 

qualified  according  to  law,  these  letters  are  hereby  issued  to_  _  _  _,  as 

such  guardian.     Witness  my  hand  and  the  seal  of  said  court,  this__ 
day  of __.  _.,  Clerk. 

Provided,  if  a  person  is  appointed  in  a  will  to  be  guardian  without  bonds, 
the  court  may  direct  letters  to  issue  to  such  on  taking  and  subscribing  the 
oath  of  office. 


1775                                          CIVIL  PRACTICE  Sec.  61  -V.) 

ions   8   and   32    of   former   act  (Stats.  on  final   settlement,"  it   does  not  make  the 

l*iil.  L'."»i  }  were  cited  in  connection  with  the  sureties   responsible   for   the   misapplication 

following:  of    moneys    arising    from    the    sale    of    real 

A  ward,  on  attaining  his  majority,  brought  estate,    for    the    reason    that    the    sale    and 

suit    against   his   guardian   and  the   sureties  application    of   the   proceeds    of   real    estate 

on     his    general     bond    to    recover    moneys  are  not  general  duties  of  a  guardian.     Idem. 

\ed    by    the    guardian    on    sale    of    the  There   is    wisdom    in   the    rule,    and   it    is 

Avard's    real    estate,   and   not   accounted   for.  of  the  highest  importance,  that  a  guardian's 

It  \\as  held  that  the  suit  could  not  be  main-  bond,  though  inartistically  drawn  or  slightly 

tained  on  the  general  bond,  for  the  reason  defective,  is  to  be  held  sufficient  to  bind  the 

that  the  sale  of  real  estate  was  not  one  of  obligors.     The  law  regards  not  the  form  but 

neral  duties  of  a  guardian,  and  that  the  substance  of  such  an  obligation.     Deegan 

ore   a    nonsuit    was    properly    granted.  v    Deegan,  22  Nev.  185  (57  A.  S.  742,  37  P. 

Henderson  v.  Coover,  4  Nev.  429,  433,  4.",  I.  :!«!()). 

The   general   duties  of  a   guardian   do   not  Where  a  guardian  of  several  minors  gives 

include  the  s:ile  of  ;i   ward's  real  estate,  and  but    one    bond,    the    sureties    cannot    escape 

a  no  right  to  sell  such  real  estate  except  liability    in    an    action    on    a    bond,    on    the 

upon   special   license  from  the  court,  and   no  ground    that    it    is    not    such    a   bond   as   the 

valid    sale    can    take    place    until    a    special  law  requires,  in  that  it  is  joint  instead  of 

bund    for    the    faithful    application    of    the  several    as    to    the    obligees,    nor    on    the 

ids    is    given,    and    for    such    faithful  ground  that  the  action  is  brought  by  only 

a  [.plication  the  sureties  on  the  special  bond  ope  of  the  obligees.     Idem. 

only,    and    not    those    on    the    general    bond.  It    a    guardian   converts   the   funds   of   his 

ar«-  bound.     Idem.  ward    to    his   own   use,  there  is  a  breach   of 

Though  the  general  bond  of  a  guardian  is  his   duty   as   guardian,    and    consequently   a 

conditioned    for    the    payment    and    delivery  breach   as  to  the  condition   of  his  bond,  for 

by  him  of  "all  the  estate,  moneys  and  effects  which  the  sureties  are  liable.     Idem. 
lining    in    his    hands    or    due    from    him 


.V).     Idem—  InsuHiciriicx  of  bond—  Procedure  to  determine-—  Service. 

SEC.  8.  Whenever  any  guardian's  bond  shall  become  insufficient  by  reason 
of  the  death,  insolvency  or  removal  from  the  state  of  any  surety  or  sureties, 
it  shall  be  the  duty  of  the  guardian  to  give  further  security,  and  he  may  be 
ordered  by  the  court  to  do  so  within  a  given  time,  whenever  the  court  shall 
be  satisfied  the  bond  has  become  insufficient.  To  this  end,  whenever  the  dis- 
trict judge  shall  be  satisfied  that  the  matter  requires  investigation  he  shall 
direct  the  clerk  to  issue  a  citation  to  the  guardian,  requiring  him  or  her  to 
appear  at  a  given  time  and  place,  to  be  therein  specified,  to  show  cause  why 
he  or  she  should  not  give  further  security.  Such  citation  shall  be  served 
personally  on  the  guardian  by  the  sheriff  or  any  other  citizen  of  the  United 
States  over  twenty-one  years  of  age,  at  least  five  days  before  the  return  day 
thereof;  provided,  if  the  guardian  shall  have  absconded,  or  cannot  be  found, 
it  may  be  served  by  leaving  a  copy  thereof  at  his  or  her  last  place  of  abode. 

()ir>7.    Idem—  District  judge  to  investigate—  Further  security  required. 

SEC.  9.  At  the  time  designated,  or  at  such  other  time  as  the  judge  may 
appoint,  he  shall  proceed,  on  proof  of  service  of  citation,  to  investigate  the 
sufficiency  of  the  bond  of  such  guardian,  and  if  satisfied  that  the  security  is 
from  any  cause  insufficient,  he  may,  by  order,  require  the  guardian  to  give 
further  security  or  file  a  new  bond  within  a  reasonable  time. 

f)l  58.    Idem—  Neglect  to  comply  with  order,  cause  for  revocation  of  letters. 

SEC.  10.  If  the  guardian  shall  neglect  to  comply  with  the  order  within 
the  time  prescribed,  the  judge  shall  by  order  revoke  his  or  her  letters,  and 
his  or  her  authority  shall  thereupon  cease. 

6159.    Idem—  Removal  for  incapacity  or  mismanagement—  Citation  and 
hearing—  May  suspend  pending  judgment. 

SEC.  11.  Any  person  may  file  a  petition  under  oath,  for  the  removal  of  a 
guardian  by  reason  of  incapacity,  or  that  the  guardian  is  mismanaging  or 
wasting  the  estate,  or  that  the  best  interests  of  the  ward  require  it,  and  upon 
filing  such  petition  a  citation  shall  issue  and  be  served  as  provided  in  section 
8  of  this  act,  and  until  the  same  can  be  heard  and  determined  the  court  or 


Sec.  6160  CIVIL  PRACTICE  1776 

judge  may  suspend  the  guardian,  and  on  the  hearing  enter  such  judgment 
and  order  as  the  facts  may  warrant. 

6160.  Education  and  maintenance— Minor's  estate  may   be  applied  to, 

when. 

SEC.  12.  If  any  minor  who  has  a  father  living  has  property,  the  income 
of  which  is  sufficient  for  his  maintenance  and  education  in  a  manner  more 
expensive  than  the  father  can  reasonably  afford,  regard  being  had  to  the 
situation  of  the  father's  family  and  to  all  the  circumstances  of  the  case,  the 
expenses  of  the  education  and  maintenance  of  such  minor  may  be  defrayed, 
in  whole  or  in  part,  out  of  the  income  of  such  property  as  shall  be  judged 
reasonable  and  directed  by  the  district  court;  and  the  charges  therefor  shall 
be  allowed  the  guardian  of  such  minor  in  the  settlement  of  his  accounts. 

6161.  Guardian  pendente  lite— Next  friend  may  sue  or  defend  for— Power 

to  appoint  by  will. 

SEC.  13.  Nothing  contained  in  this  act  shall  affect  or  impair  the  power  of 
the  court  to  appoint  a  guardian  to  defend  the  interest  of  any  minor,  in  any 
suit  or  matter  pending  therein,  or  to  appoint  or  allow  any  person  as  the  next 
friend  of  a  minor  to  commence  and  prosecute  any  suit  in  behalf  of  a  minor; 
nor  impair  the  right  of  the  father,  or  in  case  of  his  decease  or  divorce,  the 
mother,  of  any  minor  child,  to  appoint  by  last  will  and  testament,  a  guardian 
or  guardians  of  such  child,  whether  born  before  or  after  the  time  of  making 
such  will. 

Guardian  ad  litem,  how  appointed,  see  sec.  4993. 

In  an  action  for  damages  for  malicious  the  name  of  his  mother  and  guardian.  Ric- 
prosecution,  the  suit  was  properly  brought  in  ord  v.  C.  P.  E.  E.  Co.,  15  Nev.  167. 

6162.  Petition  to  be  filed  in  relation  to  insane  or  other  incompetent  per- 

son—Citation and  procedure. 

SEC.  14.  Any  relative  or  friend  of  any  insane  person,  or  of  any  person, 
who,  by  reason  of  extreme  old  age,  or  for  any  other  cause,  is  mentally  incom- 
petent to  manage  his  or  her  property,  may  present  a  petition,  under  oath, 
setting  out  the  necessary  facts,  to  the  district  judge,  praying  that  a  guardian 
for  the  person  and  estate,  or  either,  be  appointed.  Such  judge  shall  direct 
the  clerk  to  issue  a  citation,  requiring  such  supposed  insane  or  incompetent 
person  to  be  and  appear  at  a  time  and  place  to  be  therein  specified  to  show 
cause  why  a  guardian  should  not  be  appointed.  Such  citation  shall  be  served 
as  provided  in  section  8  of  this  act,  on  such  person,  and  also  on  such  person, 
with  whom  or  in  whose  custody,  such  insane  or  incompetent  may  be,  not  less 
than  five  days  before  the  return  day  thereof;  and  if  able  to  attend,  the  judge 
shall  cause  such  insane  or  incompetent  person  to  be  produced  before  him  on 
the  hearing. 

See  sec.  4992. 

6163.  Idem— District  judge  to  appoint. 

SEC.  15.  If,  after  a  full  hearing  and  examination  upon  such  petition,  it 
shall  appear  to  the  district  judge  that  the  person  in  question  is  incapable  of 
taking  care  of  himself  or  herself,  and  managing  his  or  her  property,  he  shall 
appoint  a  guardian  of  the  person  and  estate  or  either,  of  such  person. 

6164.  Idem— Power  of  guardian— Qualifications— Bond. 

SEC.  16.  Every  guardian  appointed  under  the  provisions  of  the  preceding 
section  shall  have  the  care  and  custody  of  the  person  or  estate  of  the  ward, 
until  such  guardian  shall  be  discharged  according  to  law;  and  he  shall  give 
bond  and  qualify  in  like  manner  and  with  like  conditions  as  hereinbefore 
prescribed  with  respect  to  the  guardian  of  a  minor. 

See  sees.  4992,  4995,  4996,  5571. 


CIVIL  PRACTICE  Sec.  til  69 

6165.    Guardians  generally—  Payment  of  debts—  Sale  or  mort<ra<re  of  prop- 

erty—Notice and  hearing. 

SEC.  17.  Every  guardian  appointed  under  the  provisions  of  this  act, 
whether  for  a  minor  or  any  other  person,  shall  pay  all  just  debts  due  from 
the  ward  out  of  the  personal  estate  and  the  income  from  the  real  estate  of 
the  ward,  if  sufficient,  and  if  not,  then  from  the  proceeds  of  a  sale  of  the 
personal  or  real  estate,  upon  obtaining  an  order  for  such  sale  according  to 
law;  provided,  that  if,  upon  petition  of  the  guardian,  it  shall  appear  for  the 
best  interest  of  the  ward  to  mortgage  any  of  his  real  estate,  instead  of 
making  a  sale  of  any  of  his  property,  the  court  may  authorize  the  guardian 
to  execute  such  a  mortgage  upon  such  terms  and  conditions  as  the  court 
shall  deem  prudent,  upon  the  guardian  filing  a  bond  in  favor  of  the  ward  in 
such  sum  as  the  court  shall  fix,  to  be  approved  by  the  court  or  a  judge 
thereof;  and  notice  of  the  petition  and  hearing  shall  be  given  as  prescribed 
by  sections  25  and  26  of  this  act.  As  amended,  Stats.  1911,  71. 

•• 


HUM.     Idem—  Management    of  estate—  Application  of  income—  Sales  and 

partition. 

SEC.  18.  Every  guardian  shall  manage  the  estate  of  his  or  her  ward  fru- 
gally and  without  unreasonable  waste,  and  apply  the  income  and  profits 
thereof,  as  far  as  may  be  necessary,  for  the  comfortable  and  suitable  mainte- 
nance, support  and  education  of  the  ward,  and  if  such  income  and  profits  be 
insufficient  for  such  purposes,  the  guardian  may  sell  the  personal  or  real 
estate  upon  obtaining  an  order  therefor,  as  provided  by  law  for  such  purpose. 
A  guardian  may  join  in  and  assent  to  a  partition  of  the  real  estate  of  the 
ward  in  the  cases  and  in  the  manner  provided  by  law. 

r,ir>7.     Idem—  To  settle  or  compound  all  accounts—  Leo-al  proceedings. 

SEC.  19.  Every  guardian  shall  settle  all  accounts  of  the  ward,  and  demand, 
sue  for  and  receive  all  and  every  debt  or  property  due  the  ward;  or  may, 
with  the  consent  of  the  district  judge,  compound  for  the  same  and  give  a  dis- 
charge to  the  debtors  on  receiving  a  fair  and  just  dividend  of  his  or  her  estate 
and  effects;  and  he  shall  appear  for  and  represent  his  ward  in  all  legal  pro- 
ceedings, unless  when  another  person  shall  be  appointed  for  that  purpose  as 
guardian  ad  litem,  or  next  friend. 

6168.  Idem—  Inventory  to   be   returned—  Accounts—  Law   of  estates  to 

apply. 

SEC.  20.  Every  guardian  shall  return  to  the  district  court  an  inventory  of 
the  estate  of  his  or  her  ward  within  twenty  days  after  his  or  her  qualification, 
and  annually,  or  at  such  other  times  as  the  court  may  order,  present  to  and 
have  settled  by  said  court  his  account  as  guardian,  and  shall  return  to  said 
court  additional  inventories  whenever  any  further  property  belonging  to  the 
ward  not  included  in  any  previous  inventory  shall  come  to  his  hands  or 
knowledge.  If  there  be  no  estate  he  shall  return  that  fact.  The  provisions 
of  law  regulating  the  settlement  of  the  estates  of  deceased  persons  regard- 
ing inventories  shall  apply  to  the  inventories  herein  required  in  all  respects, 
except  as  to  the  time  of  filing. 

For  inventory,  see  sees.  5942-5945,  6025. 

6169.  Idem—  Insufficiency  of  income  to  maintain—  Sale  of  property. 

SEC.  21.  When  the  income  of  the  estate  of  any  person  under  guardianship 
shall  not  be  sufficient  to  maintain  the  ward  and  his  or  her  family,  if  any,  or 
to  educate  his  or  her  family,  or  the  ward,  if  a  minor,  the  guardian  may  sell 
the  personal  or  real  estate  of  the  ward,  or  such  portion  as  may  be  necessary 
for  such  purpose,  upon  obtaining  an  order  therefor  and  proceeding  therein 
as  in  this  act  provided. 


Sec.  6170  CIVIL  PRACTICE  1778 

6170.  Idem— Sale  of  realty  for  investment  for  benefit  of  ward. 

SEC.  22.  Whenever  it  shall  be  made  to  appear  that  it  would  be  for  the 
benefit  of  the  ward  that  his  or  her  real  estate,  or  some  portion  thereof,  should 
be  sold  in  order  that  the  proceeds  thereof  may  be  put  out  at  interest,  or 
invested  in  some  productive  security,  or  in  the  improvement  or  security  of 
other  real  estate  of  the  ward,  or  to  be  reinvested  in  other  real  estate,  the 
same  may  be  sold  as  in  this  act  provided. 

6171.  Idem— Proceeds  of  sales  generally,  how  may  be  applied. 

SEC.  23.  If  the  estate  shall  be  sold  for  maintenance  or  education,  the 
guardian  shall  apply  the  proceeds  of  the  sale  to  such  purposes,  so  far  as 
necessary,  and  shall  put  out  the  residue,  if  any,  at  interest  or  invest  it  to  the 
best  advantage,  under  the  direction  of  the  court,  until  the  capital  may  be 
required  for  the  maintenance  of  the  ward  and  his  or  her  family,  or  the  edu- 
cation of  the  family,  if  any,  or  for  the  education  of  the  ward,  if  a  minor,  in 
which  case  the  capital  may  be  used  as  far  as  necessary  for  such  purpose. 

See  sec.  5571. 

6172.  Idem— Proceeds  invested  to  the  best  advantage— Judge  to  approve. 

SEC.  24.  If  the  estate  be  sold  for  the  purpose  of  putting  out  the  proceeds 
on  interest,  or  investing,  or  reinvesting  the  same  as  in  this  act  provided,  the 
guardian  shall,  with  the  approval  of  the  district  judge,  so  dispose  of  such  pro- 
ceeds to  the  best  advantage  possible. 

6173.  Idem— Petition  for  order  of  sale  to  be  filed— Citation  to  issue. 

SEC.  25.  To  obtain  an  order  for  the  sale  of  a  ward's  estate,  or  any  part 
thereof,  the  guardian  must  file  in  the  clerk's  office  of  the  district  court  hav- 
ing jurisdiction,  a  petition  therefor,  setting  forth  the  condition  of  the  estate 
of  the  ward  with  the  facts  and  circumstances  on  which  the  petition  is  founded, 
tending  to  show  the  necessity  or  expediency  of  a  sale,  which  petition  shall  be 
verified  by  the  oath  of  the  petitioner,  whereupon  the  clerk  shall  issue  a  cita- 
tion to  the  next  of  kin  to  the  ward,  if  any,  in  the  county,  and  to  all  persons 
interested  in  the  estate  who  may  be  in  the  county,  to  appear  before  the  court 
at  a  time  and  place  therein  to  be  specified,  not  less  than  twenty  days  after 
the  date  of  the  citation,  to  show  cause  why  an  order  for  the  sale  of  such  estate 
should  not  be  granted. 

6174.  Idem— Citation,  upon  whom  served— Court  may  order  publication. 

SEC.  26.  The  citation  shall  be  served  personally  on  the  next  of  kin  and  all 
persons  interested  in  the  estate  within  the  county  at  least  ten  days  before 
the  return  day  thereof,  or,  if  thought  advisable,  the  court  instead  may  order 
the  service  of  the  citation  to  be  made  by  the  publication  thereof,  for  fifteen 
days  before  the  return  day,  in  some  newspaper  in  the  county,  but  if  there  be 
no  newspaper  in  the  county,  then  in  such  newspaper  as  the  court  or  judge 
may  designate. 

6175.  Idem— Hearing— Who  may  object  to  order. 

SEC.  27.  At  the  time  designated  in  the  citation,  or  at  such  other  time  as 
the  hearing  may  be  adjourned  to,  upon  proof  of  the  due  service  or  publica- 
tion of  the  citation,  the  court  shall  proceed  to  hear  the  petition  and  any 
objections  that  may  be  made  to  such  sale.  Any  person  may  object  to  an 
order  being  made  to  sell  a  ward's  estate. 

6176.  Idem— Examination  of  guardian— Process  for  witnesses. 

SEC.  28.  On  such  hearing  the  guardian  may  be  examined  under  oath  and 
witnesses  may  be  produced  and  examined  by  any  party,  and  process  to  com- 
pel their  attendance  and  testimony  may  issue  as  in  other  cases  and  with  like 
effect. 


1779  CIVIL  PRACTICE  Sec.  6181 

r>177.    Idem—  In  case  of  objection,  costs  may  be  imposed. 

SEC.  29.  If  any  person  shall  appear  and  object  to  the  granting  of  the  order 
prayed  for,  and  it  shall  appear  to  the  court  that  either  the  petition  or  the 
objection  thereto  is  unreasonable,  the  court  may  in  its  discretion  award  costs 
to  the  party  prevailing  and  enforce  the  payment  thereof. 

r>178.     Idem—  Order  of  sale,  what  to  specify—  Notice  of  sale,  when  posting 
sufficient. 

SEC.  30.  If,  after  a  full  examination,  it  shall  appear  to  the  court  either 
that  it  is  necessary  or  would  be  for  the  benefit  of  the  ward,  for  any  purpose 
mentioned  in  sections  21  and  22  of  this  act,  that  his  or  her  real  estate  or  some 
part  of  it  should  be  sold,  such  court  may  grant  an  order  therefor,  specifying 
therein  whether  necessary  or  proper  and  the  object  for  which  made.  The 
order  may  also  direct  the  sale  to  be  at  public  auction  or  private  sale  upon 
like  proceedings  and  in  the  manner  as  prescribed  by  law  in  case  of  the  sale 
of  real  estate  by  an  executor  or  administrator,  and  subject  to  the  same  pro- 
ceedings in  relation  to  the  report,  confirmation  or  rejection  of  the  sale,  or 
resale  thereof:  provided,  that  where  the  property  ordered  sold  shall  have 
been  valued  in  the  inventory  at  less  than  five  hundred  dollars,  it  shall  be  in 
the  discretion  of  the  court  to  order  the  notice  of  sale  thereof  to  be  given  by 
posting  only.  As  amended,  Stats.  1903,  211. 

()17!>.     Idem—  Additional  bond  to  be  iriven. 

SEC.  31.  Every  guardian  authorized  to  sell  real  estate  as  aforesaid,  shall 
before  the  sale  give  an  additional  bond  to  the  ward,  in  an  amount  to  be  fixed 
by  the  court  or  judge,  with  sufficient  security,  to  be  approved  by  the  judge, 
and  conditioned  to  sell  the  property  as  prescribed  by  law  and  to  account  for 
and  dispose  of  the  proceeds  of  the  sale  in  the  manner  provided  by  law. 

Ili-mU-rsiMi  v.  CUUVIT,  under  <<•<•.  7  <•!  this  act. 


r»l  80.     Idem  —  Proceeds  of  sale  or  monev  on  hand,  how  invested—  Notice, 

hearing  and  order. 

SEC.  32.  The  district  court,  on  the  application  of  a  guardian,  or  of  any 
other  person  interested  in  the  welfare  of  the  ward,  after  such  notice  to  the 
next  of  kin  and  all  persons  interested  therein  as  the  judge  shall  direct,  may 
authorize  and  require  the  guardian  to  invest  the  proceeds  of  sales,  and  also 
any  other  money  in  his  hands,  in  real  estate,  or  in  any  other  manner  as  in  this 
act  provided;  and  the  district  court  may  make  such  further  orders  and  give 
such  directions  as  the  case  may  require  for  managing,  investing  and  dispos- 
ing of  the  estate  and  effects  in  the  hands  of  the  guardian. 

Sec  Henderson  v.  Coover,  under  sec.  7  of  this  act. 

0181.    Removal  or  resignation  of  guardian—  Causes  for  removal—  Appoint- 
ment of  successor. 

SEC.  33.  Whenever  any  guardian,  either  testamentary  or  otherwise, 
appointed  under  this  act,  shall  become  insane,  remove  from  the  state,  or 
otherwise  become  incapable  of  discharging  the  trust,  or  evidently  unsuitable 
therefor,  or  shall  have  wasted  or  mismanaged  the  estate,  the  district  judge, 
after  notice  served  as  hereinbefore  provided  for  service  of  citation,  may 
remove  him  or  her;  and  every  guardian  may,  upon  request,  be  allowed  to 
resign  his  or  her  trust,  when  it  shall  appear  to  the  district  judge  proper  to 
allow  the  same,  and  proper  accounts  have  been  settled  and  allowed.  And  upon 
every  such  resignation  or  removal,  or  upon  the  death  of  any  guardian,  the 
court  or  judge  may  appoint  another. 

After  a  guardian  has  been  duly  cited  to      further  notice.     Deegan  v.  Deegan,  22  Nev. 

60). 


the     court     has     jurisdiction     to       186,  197  (58  A.  8.  742,  37  P.  3 
it-move    him    for    failure    to    do    so    without 


See.  6182  CIVIL  PRACTICE  1780 

6182.    When  discharged. 

SEC.  34.  The  guardian  of  any  person  may  be  discharged  by  the  district 
court  or  judge  when  upon  the  application  of  the  ward  or  otherwise,  it  shall 
appear  that  such  guardianship  is  no  longer  necessary. 

6188.    When  a  new  bond  shall  be  required— Discharge  of  sureties. 

SEC.  35.  The  district  judge  may  require  a  new  bond  to  be  given  by  any 
guardian  whenever  he  shall  deem  it  necessary,  and  may  discharge  the  exist- 
ing sureties  from  further  liability,  after  due  notice  given  as  such  judge  may 
direct,  when  it  shall  appear  that  no  injury  can  result  therefrom  to  the  estate, 
or  any  one  interested  therein. 

6184.  Form  of  bond— Where  filed— Liability  of  parties  to  proceedings  in 

action  in  behalf  of  ward. 

SEC.  36.  Every  bond  given  by  a  guardian  may  be  to  one  or  more  wards 
and  shall  be  filed  and  preserved  in  the  office  of  the  clerk  of  the  district  court 
of  the  county;  and  in  case  of  the  breach  of  any  condition  thereof,  an  action 
may  be  maintained  therefor  in  behalf  of  the  ward,  or  wards  jointly,  if  all  are 
interested,  or  of  any  person  interested  in  the  estate,  and  shall  not  be  void  on 
the  first  recovery;  and  if  the  action  is  in  behalf  of  one  ward  on  a  bond  given 
to  more  than  one,  the  others  mentioned  in  the  bond  need  not  be  united  in  or 
made  parties  to  such  action. 

6185.  Action  against  sureties  to  be  commenced  within  three  years  after 

discharge— Disability,  effect  of. 

SEC.  37.  No  action  shall  be  maintained  against  the  sureties  in  any  bond 
given  by  a  guardian  unless  it  be  commenced  in  three  years  from  the  time 
when  the  guardian  shall  have  been  discharged;  provided,  if  at  the  time  of 
such  discharge  the  person  entitled  to  bring  such  action  shall  be  .under  any 
legal  disability  to  sue,  the  action  may  be  brought  at  any  time  within  three 
years  after  such  disability  shall  be  removed. 

6186.  Examination  upon  charge  of  fraud— Complaint  and  proceedings. 

SEC.  38.  Upon  complaint  made  to  the  district  judge  by  any  guardian, 
ward,  creditor  of,  or  any  other  person  interested  in  the  ward  or  his  or  her 
estate,  against  any  one,  charging  such  an  one  with  having  concealed,  con- 
verted, having  in  possession  or  conveyed  away  any  of  the  money,  goods  or 
effects  of,  or  any  instrument  in  writing  belonging  to  the  ward,  the  judge 
may  cause  such  person  by  citation  to  appear  before  him  for  examination,  and 
proceed  in  the  same  manner  as  is  provided  with  respect  to  persons  suspected 
of  concealing,  converting  or  conveying  away  the  effects  of  a  deceased  person. 

See  sec.  6024. 

6187.  Letters  of  guardianship  for  nonresident  minor— Bond— Guardian 

in  other  state— Proof. 

SEC.  39.  When  any  minor,  or  other  person  liable  to  be  placed  under 
guardianship,  according  to  the  provisions  of  this  act,  shall  reside  out  of  this 
state,  and  shall  have  estate  therein,  any  friend  of  such  person,  or  anyone 
interested  in  his  or  her  estate,  in  expectancy  or  otherwise,  may  apply  to  the 
district  court  of  any  county  in  which  there  may  be  any  estate  of  such  absent 
person  in  expectancy  or  otherwise  for  letters  of  guardianship  of  such  estate, 
as  in  case  of  a  resident  ward,  and  the  court  may  proceed  in  like  manner  and 
appoint  a  guardian.  If  a  guardian  of  the  estate  of  such  absent  person  has 
been  appointed  in  the  state  of  his  or  her  residence  by  a  court  there  having 
jurisdiction,  said  guardian  may  be  appointed  as  such  guardian  in  this  state 
upon  giving  a  bond  and  qualifying  as  prescribed  by  section  7  of  this  act,  and 
no  citation  need  be  issued  or  served.  In  such  case  the  production  of  duly 


1781  CIVIL  PRACTICE  See.  6196 

authenticated  copies  of  the  order  appointing  guardian  and  of  the  letters  of 
guardianship  shall  be  prima  facie  proof  of  the  necessity,  of  the  appointment 
of  such  guardian  in  this  state.  As  amended,  Stats.  1911,  72. 

Si-e  sees.  <>H»S  lii'Ol. 

6188.  Idem— Powers  and  duties  alike. 

SEC.  40.  Every  guardian  appointed  under  the  provisions  of  the  preceding 
section  shall  have  the  same  power  and  perform  the  same  duties  with  respect 
to  any  estate  of  the  ward  that  may  be  found  within  this  state,  and  also  with 
respect  to  the  person  of  the  ward  if  he  or  she  shall  come  to  reside  therein,  as 
are  prescribed  with  respect  to  any  other  guardian  appointed  .under  this  act. 

6189.  Idem— Bond  and  qualification—  Duties. 

SEC.  41.  Every  such  guardian  shall  give  bond  to  the  ward  and  qualify  in 
the  same  manner  and  with  like  conditions  as  hereinbefore  provided  with 
respect  to  other  guardians,  excepting  that  the  provisions  repecting  the  inven- 
tory, disposal  of  the  estate  and  effects,  and  the  accounts  to  be  rendered  by 
the  guardian  shall  be  confined  to  such  estate  and  such  effects  as  shall  come  to 
his  hands  in  this  state. 

ill  1)0.    (Juanliansliip.  first  granted— Exclusive  powers— Jurisdiction. 

SEC.  42.  The  guardianship,  which  shall  be  first  lawfully  granted  of  the 
estate  of  any  person  residing  without  this  state  shall  extend  to  all  the  estate 
of  the  ward  within  this  state,  and  shall  include  the  jurisdiction  of  every 
other  district  court. 

(HIM.    Expenses  allowed— Reasonable  compensation. 

SEC.  43.  Every  guardian  shall  be  allowed  his  or  her  reasonable  expenses 
incurred  in  the  execution  of  his  or  her  trust,  and  shall  also  have  such  other 
compensation  for  his  or  her  services  as  the  court  in  which  the  accounts  are 
settled  shall  allow  as  just  and  reasonable. 

6192.  Joint  guardians. 

SEC.  44.  The  court  in  its  discretion  may  appoint  more  than  one  guardian 
of  any  person  or  estate  subject  to  guardianship. 

6193.  Idem— Form  of  bond. 

SEC.  45.  Joint  guardians  may  unite  in  a  bond  to  the  ward  or  wards,  or 
each  may  give  a  separate  bond. 

(U94.    Idem— Account— Oath  of  one. 

SEC.  46.  When  an  account  shall  be  rendered  by  two  or  more  joint  guard- 
ians, the  district  court  or  judge  may  allow  the  same  upon  the  oath  of  any  one 
of  them. 

6195.  Sales  of  realty— Credit  may  be  allowed. 

SEC.  47.  All  sales  of  real  estate  of  minor  heirs,  made  in  accordance  with 
the  provisions  of  this  act,  shall  be  for  cash  or  on  credit,  or  part  cash  and  part 
on  credit,  as  in  the  discretion  of  the  court  or  judge  may  be  most  beneficial  for 
such  heirs.  When  credit  is  given,  the  court  or  judge  shall  fix  the  credit, 
and  the  purchaser  or  purchasers  shall  execute  and  deliver  to  the  guardian  or 
guardians  promissory  notes  for  deferred  payments,  bearing  interest  and 
secured  by  mortgage  on  the  real  estate  sold,  with  such  additional  security  as 
the  judge  may  deem  necessary  and  sufficient  to  secure  the  payment  of  the 
deferred  payments,  and  the  interest  thereon. 

6196.  Fees  of  clerk,  limitation  on. 

SEC.  48.     The  total  fees  and  charges  of  the  clerk  where  any  estate  in 


Sec.  6197  CIVIL  PRACTICE  1782 

guardianship  shall  not  exceed  in  value  two  thousand  dollars,  shall  not  exceed 
fifteen  dollars. 

(5197.    Acts  repealed— Saving*  clause. 

SEC.  49.  An  act  entitled  "  An  act  to  provide  for  the  appointment  and  pre- 
scribe the  duties  of  guardians, "  approved  November  29,  1861  [p.  255] ,  and  all 
acts  and  parts  of  acts  amendatory  thereof,  or  supplementary  thereto,  are 
hereby  repealed,  saving  the  rights  in  matters  of  guardianship  pending  at 
the  date  of  the  approval  of  .this  act  to  proceed  with  and  close  up  such 
guardianship  under  the  law  existing  at  the  institution  of  such  proceedings. 

An  Act  supplemental  to  an  act  entitled  "An  act  to  provide  for  the  appointment 
of  guardians  and  to  prescribe  their  duties,"  approved  March  11,  1899. 

Approved  March  12, 1901.  54 

6198.  Nonresident  guardian  of  nonresident  ward  may  remove  property 

out  of  state  upon  application. 

SECTION  1.  If  a  ward  be  a  nonresident  of  this  state,  and  entitled  to  prop- 
erty in  this  state,  and  have  a  guardian  by  authority  of  the  laws  of  any  state, 
territory  or  possession  of  the  United  States,  or  of  a  foreign  country  in  which 
such  ward  resides,  such  property  may  be  removed  to  such  state  or  territory 
or  possession  or  foreign  country  in  which  such  ward  resides  upon  the  appli- 
cation of  such  guardian  to  the  district  court  of  this  state  in  the  county  in 
which  the  property  of  such  ward,  or  any  part  of  such  property,  is  situated. 

See  sec.  6187. 

6199.  Idem— Notice  and  showing. 

SEC.  2.  The  application  must  be  made  upon  ten  days'  notice  to  the  resi- 
dent executor,  administrator  or  guardian,  if  there  be  such,  and  upon  such 
application  the  nonresident  guardian  must  produce  and  file  a  certificate  under 
the  hand  of  the  clerk  and  seal  of  the  court  from  which  his  appointment  was 
derived,  showing: 

First— A  transcript  of  the  record  of  his  appointment. 

Second— That  he  has  entered  upon  the  discharge  of  his  duties. 

Third — That  he  is  entitled  by  the  laws  of  the  state,  territory,  possession  or 
country  of  his  appointment  to  the  possession  of  the  estate  of  his  ward,  or 
must  produce  and  file  a  certificate,  under  the  hand  and  seal  of  the  clerk  of 
the  court  having  jurisdiction  in  the  country  of  his  residence,  of  the  estates  of 
persons  under  guardianship,  or  of  the  highest  court  of  such  country,  attested 
by  a  minister,  consul  or  any  consular  officer  of  the  United  States  resident 
in  such  country,  that  by  the  laws  of  such  country  the  applicant  is  entitled  to 
the  custody  of  the  estate  of  his  ward  without  the  appointment  of  any  court. 

6200.  Idem— Discretion  of  court— Order  granting  authority  to  recover 

property. 

SEC.  3.  Upon  such  application,  unless  good  cause,  to  the  contrary  is  shown, 
the  court  may  in  its  discretion,  upon  satisfactory  proof  that  the  interests  of 
such  ward  are  fully  protected  by  sufficient  security,  in  the  place  of  residence 
of  such  foreign  guardian,  make  an  order  granting  to  such  guardian  leave  to 
take  and  remove  the  property  of  his  ward  to  the  state  or  place  of  his  resi- 
dence, which  is  authority  to  him  to  sue  for  and  receive  the  same  in  his  own 
name  for  the  use  and  benefit  of  his  ward. 

6201.  Idem— Order— Discharge  of  local  guardian— Receipt  to  iile. 

SEC.  4.  Such  order  is  a  discharge  of  the  executor,  administrator,  local 
guardian,  or  other  person  in  whose  possession  the  property  may  be  at  the 
time  the  order  is  made,  on  filing  with  the  court  the  receipt  therefor  of  the 
foreign  guardian  of  such  absent  ward;  said  receipt  shall  be  recorded  in  the  rec- 


1783  CIVIL  PRACTICE  See.  6204 

ords  of  said  court,  and  the  court  shall  make  an  order  discharging  said  execu- 
tor, administrator  or  local  guardian  from  all  further  duties  and  responsibilities 
as  such  executor,  administrator  or  guardian,  and  that  his  letters  of  adminis- 
tration or  guardianship  are  vacated,  and  that  the  sureties  upon  the  bond  of 
such  executor,  administrator  or  local  guardian  are  released  from  any  liability 
thereafter  incurred. 

WELLS 

General  act  concerning  wills,  sections  6202-6222. 
Holographic  wills,  sections  6223-6225. 

Adoption  of  children,  sections  5825-5835. 

Bonds  and  undertakings  by  surety  companies,  sections  695-701. 

<  hildren,  sections  728-766. 

Civil  practice  act,  sections  4943-5821. 

Estates  of  deceased  persons,  section  5854,  et  seq. 

Guardians,  sections  6149-6201. 

Guardians  in  estates  of  deceased  persons,  sections  6190-6192. 

Jurisdiction  over  wills  in  district  court,  section  4849. 

An  Act  concerning  wills. 

Approved  December  19,  1862.  58 

lii'iiL'.   Who  may   make  wills — Subject  to  tes-  6212.  Idem. 

tator's  debts.  (ii!i;>.  Subsequent   bond,   covenant   or   agree- 
Wills     of     married     women — Separate  incut  t<>  mnvey  property  bequeathed, 

estate — General    provisions   control.  not  a  revocation — Eemedy. 

Requisites  of  valid  wills — Nuncupative,  <>214.  Mortgage  not  a  revocation — Effect  of. 

exception.  (5215.  Children    born    after    wills    made    to 
Provisions  in  favor  of  subscribing  wit-  share — Exception. 

nesses,  when  void.  (>L'1(>.  Children  or  issue  of,  unprovided  for,  to 
6206.  Nuncupative  wills — Limited  to  estates  share — Exception. 

of  $1,000 — Witnesses — Proof.  ti-IlT.  After-born    or    omitted    children,   how 
iiL'07.   Mom — Proof  within  three  months.  provided  for. 

6208.  Idem — Probate    of,    when    made — Pro-  6218.  Advancement,  effect  of. 

cess  or  notice.  <i'J19.  Descendants   of   devisee   inherit   share 
MiM'.t.   KV\  in ,-itlon    of    wills,    how    affected —  of  devisee. 

When  implied.  6220.  Devise  of  land,  how  construed. 

6210.  Second  wills,  cancelation  of,  does  not  (5221.  After-acquired    property,    how    consid- 

revive  first — Exception.  crcd. 

62]  1.  Effect    of    marriage    on    wills — When  'iii'i'.   Will  defined — To  include  codicils. 

deemed  revoked. 

6202.  Who  may  make  wills— Subject  to  testator's  debts. 

SECTION  1.  Every  person  over  the  age  of  eighteen  years,  of  sound  mind, 
may,  by  last  will,  dispose  of  all  his  or  her  estate,  real  and  personal,  the  same 
being  chargeable  with  the  payment  of  the  testator's  debts. 

Evidence  held  to  show  that  a  testatrix  was  that  in  making  her  will  she  acted  under 
mentallv  incompetent  to  execute  a  will,  and  undue  influence.  Abel  v.  Hitt,  30  Nev.  93 

(93  P.  227). 

6203.  Wills  of  married   women— Separate  estate— General  provisions 

control. 

SEC.  2.  Any  married  woman  may  dispose  of  all  her  separate  estate  by 
will,  absolutely,  without  the  consent  of  her  husband,  either  express  or 
implied,  and  may  alter  or  revoke  the  same  in  like  manner  as  a  person 
under  no  disability  may  do.  Her  will  must  be  attested,  witnessed,  and 
proved  in  like  manner  as  all  other  wills.  As  amended,  Stats.  1873, 102. 

6204.  Requisites  of  valid  wills— Nuncupative,  exception. 

SEC.  3.  No  will,  except  such  nuncupative  wills  as  are  mentioned  in  this 
act,  shall  be  valid  unless  it  be  in  writing,  and  signed  by  the  testator,  and 
sealed  with  his  seal,  or  by  some  person  in  his  presence,  and  by  his  express 
direction,  and  attested  by  at  least  two  competent  witnesses,  subscribing  their 
names  to  the  will  in  the  presence  of  the  testator. 


Sec.  6205  CIVIL  PRACTICE  1784 

Attesting    witnesses    to    a    will    are    not  above  case,  but  such  acts  are  now  expressly 

required  for  the  purpose   of  protecting  the  prohibited  by  Const.,  sec.  278,  ante, 

contingent  and  possible  right  of  property  in  Though    the    statute    contains    an    absurd 

the   state   by   way   of    escheat;    but   to   pre-  and  novel  requirement  that  a  will  should  be 

vent  the  setting  up  of  fictitious  wills  against  sealed,  it  is  unnecessary  to  make  mention  of 

heirs  and  representatives.     Estate  of  Stick-  the  seal  in  the  instrument,  nor  is  it  neces- 

noth.  7  Nev.  223.  sary,  if  by  the  act  of  sealing  the  condition 

A     special    act     (Stats.     1871,     129)     was  imposed   by  the   statute   is   performed,   that 

passed    validating    the    will    considered    in  the  seal  should  remain.     Idem. 

6205.  Provisions  in  favor  of  subscribing  witnesses,  when  void. 

SEC.  4.  All  beneficial  devises,  legacies,  and  gifts,  whatsoever,  made  or 
given  in  any  will  to  a  subscribing  witness  thereto,  shall  be  void,  unless  there 
are  two  other  competent  subscribing  witnesses  to  the  same;  but  a  mere 
charge  on  the  estate  of  the  testator  for  the  payment  of  debts  shall  not  pre- 
vent his  creditors  from  being  competent  witnesses  to  his  will. 

6206.  Nuncupative  wills  limited  to  estates  of  $1,000— Witnesses— Proof. 

SEC.  5.  No  nuncupative  or  verbal  will  shall  be  good  where  the  estate 
bequeathed  exceeds  the  value  of  one  thousand  dollars,  nor  unless  the  same  be 
proved  by  two  witnesses  who  were  present  at  the  making  thereof,  nor  unless 
it  be  proved  that  the  testator,  at  the  time  of  pronouncing  the  same,  did  bid 
some  one  present  to  bear  witness  that  such  was  his  will,  or  words  of  like 
import,  nor  unless  such  nuncupative  will  was  made  at  the  time  of  the  last 
sickness  of  the  deceased. 

6207.  Idem— Proof  within  three  months. 

SEC.  6.  No  proof  shall  be  received  of  any  nuncupative  will  unless-  it  be 
offered  within  three  months  after  speaking  the  testamentary  words. 

6208.  Idem— Probate  of,  when  made— Process  or  notice. 

SEC.  7.  No.  probate  of  any  nuncupative  will  shall  be  granted  for  fourteen 
days  after  the  death  of  the  testator,  nor  shall  any  nuncupative  will  be  at  any 
time  proved  unless  the  testamentary  words,  or  the  substance  thereof,  be  first 
committed  to  writing  by  the  probate  judge,  and  process  be  issued  to  call  in 
the  widow,  should  she  be  a  resident  of  the  territory,  or  other  person  or  per- 
sons interested  as  heirs  of  the  testator,  residing  in  the  territory,  to  contest 
the  probate  of  such  will,  if  they  think  proper. 

6209.  Revocation  of  wills,  how  effected— When  implied. 

SEC.  8.  No  will  in  writing  shall  be  revoked  unless  by  burning,  tearing, 
canceling,  or  obliterating  the  same,  with  the  intention  of  revoking  it,  by  the 
testator,  or  by  some  person  in  his  presence,  or  by  his  direction,  or  by  some 
other  will  or  codicil  in  writing,  executed  as  prescribed  by  this  act;  but  noth- 
ing contained  in  this  section  shall  prevent  the  revocation  implied  by  law  from 
subsequent  changes  in  the  condition  or  circumstances  of  the  testator. 

6210.  Second  wills,  cancelation  of,  does  not  revive  first— Exception. 

SEC.  9.  If,  after  the  making  of  any  will,  the  testator  shall  duly  make  and 
execute  a  second  will,  the  destruction,  canceling,  or  revocation  of  such  second 
will  shall  not  revive  the  first  will,  unless  it  appear  by  the  terms  of  such  revo- 
cation that  it  was  the  intention  to  revive  and  give  effect  to  the  first  will,  or 
unless,  after  such  destruction,  canceling  or  revocation  the  first  will  shall  be 
duly  reexecuted. 

6211.  Effect  of  marriage  on  wills— When  deemed  revoked. 

SEC.  10.  If,  after  the  making  of  any  will,  the  testator  shall  marry,  and 
the  wife  shall  be  living  at  the  death  of  the  testator,  such  will  shall  be  deemed 
revoked  unless  she  shall  be  provided  for  in  the  will,  or  in  such  way  mentioned 
therein  as  to  show  an  intention  not  to  make  such  provision,  and  no  other 
evidence  to  rebut  the  presumption  of  such  revocation  shall  be  received. 


1785  CIVIL  PRACTICE  Sec.  6218 

6212.    Idem. 

SEC.  11.  A  will  executed  by  an  unmarried  woman  shall  be  deemed  revoked 
on  her  subsequent  marriage,  and  shall  not  be  revived  by  the  death  of  her 
husband. 

6218.    Subsequent    bond,  covenant    or    agreement   to    convey   property 

bequeathed  not  a  revocation— Remedy. 

SEC.  12.  A  bond,  covenant,  or  agreement,  made  by  a  testator,  to  convey 
any  property  devised  or  bequeathed  in  any  will  previously  made,  shall  not  be 
deemed  a  revocation  of  such  previous  devise  or  bequest,  but  such  property 
shall  pass  by  the  devise  or  bequest,  .subject  to  the  same  remedies  on  such  bond, 
covenant,  or  agreement,  for  the  specific  performance  or  otherwise,  against  the 
devisees  or  legatees,  as  might  be  had  by  law,  against  the  heirs  of  the  testator, 
if  the  same  had  descended  to  them. 

6214.  Mortgage  not  a  revocation— Effect  of. 

SEC.  13.  A  charge  or  incumbrance  upon  any  estate,  for  the  purpose  of 
securing  the  payment  of  money,  or  the  performance  of  any  covenant  or 
agreement,  shall  not  be  deemed  a  revocation  of  any  will  relating  to  the  same 
estate  which  was  previously  executed,  but  the  devise  and  legacies  therein 
contained  shall  pass,  subject  to  such  charge  or  incumbrance. 

The  testator,  by  his  will.  disposed  of  his  took  the  property  devised  as  absolute  owner 

property    to    his   'wife,    "having    the    fullest  ami  not   upon  trust.     Hunt  v.  Hunt,  11  Nev. 

confidence    in     her    rapacity,    judgment ,    dis-  Hi!.    I  l!>. 

cretion    ;in<l    affect  ion    to    properly    lirin^   up,  I  n  construing  this  will,  the  court  held  that 

educate   :in<l    provide   for   our   children,    ;md  flu1  widow  li:id  the  absolute  right  to  sell  and 

to  manage  ;ind   dispose  of  my  said   property  dispose     of    the     estate     at     her    discretion, 

in    the    best    iiiMiiner    for    their    interests    :ind  Idem. 

her    own."     It    was    held    that    the    devisee  Above  section  cited,  and  held  not  to  apply. 

Idem. 

6215.  Children  born  after  wills  made  to  share— Exception. 

SEC.  14.  When  any  child  shall  have  been  born  after  the  making  of  its 
parent's  will,  and  no  provision  shall  be  made  for  him  or  her  therein,  such 
child  shall  have  the  same  share  in  the  estate  of  the  testator  as  if  the  testator 
had  died  intestate,  unless  it  shall  be  apparent  from  the  will  that  it  was  the 
intention  of  the  testator  that  no  provision  should  be  made  for  such  child. 

6216.  Children,  or  issue  of,  unprovided  for  to  share— Exception. 

SEC.  15.  When  any  testator  shall  omit  to  provide  in  his  or  her  will  for 
any  of  his  or  her  children,  or  for  the  issue  of  any  deceased  child,  unless  it 
shall  appear  that  such  omission  was  intentional,  such  child,  or  the  issue  of 
such  child,  shall  have  the  same  share  in  the  estate  of  the  testator  as  if  he  or 
she  had  died  intestate. 

6217.  After-born  or  omitted  children,  how  provided  for. 

SEC.  16.  When  any  share  of  the  estate  of  a  testator  shall  be  assigned  to 
a  child  born  after  the  making  of  a  will,  or  to  a  child  or  the  issue  of  a  child 
omitted  in  the  will,  as  hereinbefore  mentioned,  the  same  shall  first  be  taken 
from  the  estate  not  disposed  of  by  the  will,  if  any;  if  that  shall  not  be  suf- 
ficient, so  much  as  shall  be  necessary  shall  be  taken  from  all  the  devisees  or 
legatees,  in  proportion  to  the  value  they  may  respectively  receive  under  the 
will,  unless  the  obvious  intention  of  the  testator,  in  relation  to  some  specific 
devise  or  bequest  or  other  provision  in  the  will  would  thereby  be  defeated; 
in  such  case,  such  specific  devise,  legacy,  or  provision,  may  be  exempted  from 
such  apportionment,  and  a  different  apportionment,  consistent  with  the 
intention  of  the  testator,  may  be  adopted. 

6218.  Advancement,  effect  of. 

SEC.  17.     If  such  child  or  children,  or  their  descendants,  so  unprovided  for 


Sec.  6219  CIVIL  PRACTICE  1786 

shall  have  had  an  equal  proportion  of  the  testator's  estate  bestowed  upon 
them  in  the  testator's  lifetime,  by  way  of  advancement,  they  shall  take  noth- 
ing in  virtue  of  the  provisions  of  the  three  preceding  sections. 

6219.  Descendants  of  devisee  inherit  share  of  devisee. 

SEC.  18.  When  any  estate  shall  be  devised  to  any  child  or  other  relation 
of  the  testator,  and  the  devisee  shall  die  before  the  testator,  leaving  lineal 
descendants,  such  descendants  shall  take  the  estate  so  given  by  the  will,  in 
the  same  manner  as  the  devisee  would  have  done  if  he  would  have  survived 
the  testator. 

6220.  Devise  of  land,  how  construed. 

SEC.  19.  Every  devisee  of  land  in  any  will  shall  be  construed  to  convey  all 
the  estate  of  the  devisor  therein  which  he  could  lawfully  devise,  unless  it 
shall  clearly  appear  by  the  will  that  he  intended  to  convey  a  less  estate. 

6221.  After-acquired  property,  how  considered. 

SEC.  20.  Any  estate,  right,  or  interest  in  lands  acquired  by  the  testator, 
after  the  making  of  his  or  her  will,  shall  pass  thereby,  in  like  manner  as  if 
it  passed  at  the  time  of  making  the  will,  if  such  should  manifestly  appear  by 
the  will  to  have  been  the  intention  of  the  testator. 

6222.  Will  defined— To  include  codicils. 

SEC.  21.  The  term  "will"  as  used  in  this  act,  shall  be  so  construed  as  to 
include  all  codicils  as  well  as 'wills. 

An  Act  relating  to  holographic  wills. 

Approved  March"20,  1895,  112 

6223.  Holographic  wills  valid. 

SECTION  1.  Property  may  be  disposed  of  and  taken  under  holographic 
wills.  Such  wills  shall  be  valid  and  have  full  effect  for  the  purpose  for 
which  they  are  intended. 

6224.  Holographic  will  defined— Provisions  concerning. 

SEC.  2.  An  holographic  will  is  one  that  is  entirely  written  by  the  hand  of 
the  testator  himself.  It  is  subject  to  no  other  form,  and  may  be  made  in  or 
out  of  this  state  and  need  not  be  witnessed. 

6225.  Idem— How  proved. 

SEC.  3.  An  holographic  will  may  be  proved  in  the  same  manner  as  other 
private  writings  are  proved. 


1787 


HABEAS  CORPUS 


Sec. 


I  HABEAS  CORPUS 

Bail  on  examination  upon  habeas  corpus,  sections  6248,  7.">L-'-'!. 
Civil  practice  act,  sections  4943-5821. 
Criminal  practice  act,  sections  6851-7528. 
Excessive  bail  on  civil  arrest,  section  5113. 
Habeas  corpus  not  to  be  suspended  except  in  case  of  rebellion  or  invasion,  Nev.  Const., 
ection  234;  U.  S.  Const.,  section  130. 
Judicial  power  of  United  States  courts,  U.  S.  Const.,  ante,  sections  119,  159. 
Jurisdiction  of  district  courts  and  judges  to  issue  writs  of  habeas  corpus,  Const.,  sec- 
tion 321. 

Jurisdiction  of  supreme  court  and  justices  to  issue  writs  of  habeas  corpus,  Const.,  sec- 
tion 319. 

Style  of  process,  "The  State  of  Nevada,"  Const.,  section  328. 
Writs  may  be  telegraphed,  sections  4618,  6967. 

An  Act  concerning  the  writ  of  habeas  corpus. 


Approved  December  19.  1862.  98 


i'i'L'7. 
•  ii':>. 

6230. 


i;i'.".4. 

8235. 

''>:_'.".<'>. 
f>i;:!7. 
c.i'.'ls. 
I;L'.".!». 


iiL'41. 
iii'4-i'. 
•  ii'4.!. 
<!i!44. 
6245. 
6246. 


Who   may    prosecute    writ.  ill' 17. 

Application    for,   what  to  state. 

Who  may  grant  writ — Granted  at  any       niMs. 

time.  "  6249. 

Granted  without  delay.  «»I'~H>. 

To    whom    directed    and    what    com        <;:!.">  1. 

manded.  "-^i1. 

Clerk  to  deliver  without  delay,  when. 
Sheriff  or  deputy  to  serve,  when  (ii* .">.",. 

Service,  how   made.  ' ;•_'.">  I. 

Refusal  to  obey,  judge  to  issue  attach- 
ment— Court   may  appoint  elisor  to       «;L'"I."I. 

serve,   when. 
Return    of    writ,   what  to  be  stated — 

When  to  be  sworn  to. 
Body  of  party  in  custody  to  be  brought       h'^r.s. 

—  Except  ion. 
Idem      When     not     able    to     appear — 

Verified    return   to   show. 
Idem-   -Hearing  on  absence  of  party — 

— May  take  adjournment. 
Immediate  hearing  on  the  return. 
Traverse   of  return. 

Summary  proceeding.  IIL'M'L'. 

Power  of  judge — Witnesses. 
When  party  entitled  to  discharge.  6263. 

When  may  be  remanded. 

Ground  for  discharge.  6264. 

Defect  of  form  of  warrant  not  valid       6265. 

ground. 


When  judge  may  conduct  reexamina- 
tion — Powers  under. 

May  be  granted  for  release  on  bail. 

Idem — Recognizance,  may  take. 

May  remand  to  custody. 

Judge  may  order  change  of  custody. 

Pending  judgment  on  proceedings  may 
commit  or  place  in  custody. 

Defect  of  form  not  material. 

Person  discharged  not  again  impris- 
oned on  same  cause — Exception. 

Warrant  may  issue,  when,  authorizing 
sheriff  or  constable  to  bring  party. 

Idem — Arrest  of  restraining  party. 

Idem — Execution  of  warrant. 

Idem — Return  to,  traverse  and  hear- 
ing. 

Idem — Discharge  or  remand. 

Writ  may  issue  on  Sunday  or  non- 
judicial  day. 

Clerk  to  issue  writs,  warrants  and 
process — When  sealed — Service  and 
return. 

Penalty  for  refusing  to  grant,  or 
obedience  to  writ. 

Penalty  for  custodian  disobeying  or 
avoiding  writ. 

Idem — Accessories. 

Further    penalty — Imprisonment. 


6226.    Who  may  prosecute  writ. 

SECTION  1.  Every  person  unlawfully  committed,  detained,  confined,  or 
restrained  of  his  liberty,  under  any  pretense  whatever,  may  prosecute  a  writ 
of  habeas  corpus  to  inquire  into  the  cause  of  such  imprisonment  or  restraint. 

Kerr,  P.  C.,  1473. 


The  writ  is  not  to  be  used  to  do  the  work 
of  a  writ  of  error  or  an  appeal.  Brecken- 
iidi:>-  v.  Lamb,  34  Nev. — ;  Ex  Parte  Max- 
well. 11  Nev.  428;  Dimmick  v.  Tompkins, 
]94  U.  S.  551. 

But  if  the  statute  on  which  the  prosecu- 
tion is  founded  is  unconstitutional,  or  if 
the  undisputed  facts  sought  to  be  charged 
against  the  accused  do  not  constitute  a  pub- 
lic offense,  he  may  be  discharged  by  the 
writ.  Ex  Parte  Rosenblatt,  19  Nev.  439; 
Ex  Parte  Boyce,  27  Nev.  29  (75  P.  1,  65 


L.  R.  A.  47);  Ex  Parte  Rickey,  31  Nev.  82; 
Ex  Parte  Hose,  34  Nev.—  (116  P.  417);  Ex 
Parte  Smith,  33  Nev.  —  (111  P.  930);  Ex 
Parte  Lewis,  33  Nev.  —  (115  P.  729); 
Ex  Parte  Waterman,  29  Nev.  288,  11  L.  R. 
A.  (N.  S.)  424. 

If  by  reason  of  mistaken  identity  the 
wrong  person  is  arrested  under  a  warrant  of 
extradition  he  may  be  discharged.  Ex  Parte 
Spencer,  34  Nev.— (117  P.  1). 

A  writ  of  habeas  corpus  cannot  be  used 
to  perform  the  functions  of  an  appeal  or 


Sec.  6227 


HABEAS  CORPUS 


1788 


writ  of  error,  but  can  only  review  ques- 
tions going  to  the  jurisdiction  of  the  court 
to  enter  the  particular  judgment,  and  not 
as  to  whether  the  court  erred  in  the  exer- 
cise of  such  jurisdiction.  Ex  Parte  Davis, 
33  Nev.—  (110  P.  1131). 

See  Ex  Parte  Finlen,  under  Const.,  sec. 
236,  ante;  Ex  Parte  Bickey,  under  sec.  20 
of  this  act. 

Where,  on  trial  for  a  criminal  offense,  the 


evidence  without  conflict  shows  that  defend- 
ant is  exempted  from  the  penal  provisions 
of  the  act,  the  court  is  without  power  to 
render  a  judgment  of  conviction.  Idem. 

Where  the  evidence  without  conflict  estab- 
lishes that  the  defendant  belongs  to  a  class 
not  within  a  penal  statute,  habeas  corpus 
is  available  to  bring  up  for  determination 
the  court's  jurisdiction  to  render  judgment 
of  conviction  and  to  obtain  defendant's  dis- 
charge. Idem. 

6227.    Application  for,  what  to  state. 

SEC.  2.  Application  for  such  writ  shall  be  made  by  a  petition,  signed  either 
by  the  party  for  whose  relief  it  is  intended,  or  by  some  person  in  his  behalf, 
and  shall  specify:  First— That  the  person  in  whose  behalf  the  writ  is  applied 
for  is  imprisoned  or  restrained  of  his  liberty;  the  officer  or  person  by  whom 
he  is  so  confined,  or  restrained,  and  the  place  where,  naming  all  the  parties, 
if  they  are  known,  or  describing  them,  if  they  are  not  known.  Second — If 
the  imprisonment  be  illegal,  the  petition  must  also  state  in  what  the  alleged 
illegality  consists.  Third— The  petition  must  be  verified  by  the  oath  or 
affirmation  of  the  party  making  the  application. 

Kerr,  P.  C.,  1474. 

Habeas  corpus  is  not  the  proper  remedy 
to  correct  errors.  Ex  Parte  Smith,  2  Nev. 
238. 

A  state  court  or  judge,  duly  authorized 
by  the  laws  of  the  state,  may  issue  the  writ 
of  habeas  corpus  in  any  case  where  a  party 
is  imprisoned  within  its  territorial  limits, 
provided  it  does  not  appear  when  the  appli- 
cation is  made  that  the  party  imprisoned  is 
in  custody  under  the  authority  of  the  United 
States.  Ex  Parte  Hill,  5  Nev.  154. 

In  every  case  where  process  regular  upon 
its  face  has  been  issued  from  the  United 
States  court  having  power  to  issue  process 
of  such  a  nature,  the  officer  while  acting 
thereunder  is  fully  protected  against  any 
interference  from  a  state  court,  and  such 
state  court,  when  judicially  informed  of  the 
existence  of  the  process,  cannot  go  behind 
the  same  to  make  any  further  inquiry.  Ex 
Parte  Hill,  5  Nev.  154. 

The  second  clause  of  this  section  contem- 
plates that  the  facts  showing  the  alleged 
illegality  should  be  stated.  Ex  Parte  Deny, 
10  Nev.  212,  213. 

A  general  statement  that  the  warrant  is 
illegal,  null  and  void,  and  that  it  was  issued 
without  authority  of  law,  is  a  mere  con- 


Where  it  is  sought  to  bring  petitioner 
from  a  distant  country,  a  writ  of  habeas 
corpus  will  not  be  made  returnable  before 
the  supreme  court,  in  the  first  instance, 
without  a  showing  of  the  absence,  disability 
or  refusal  of  the  district  judge  of  the  county 
to  act,  or  other  good  cause  why  it  should 
be  heard  by  the  supreme  court,  or  a  justice 
thereof.  Idem. 

Petitioner  cannot  be  in  the  custody  of 
two  different  officers  at  the  same  time;  and 
where  petitioner  alleges  that  he  is  in  the 
custody  of  the  sheriff,  but  suggests  to  the 
court  that  the  sheriff  will  deliver  him  to 
another  officer  upon  receipt  of  the  govern- 
or's requisition,  the  supreme  court  will  not 
anticipate  such  arrest  in  order  to  determine 
the  validity  of  the  governor's  warrant. 
Idem. 

Where  petitioner  had  been  held  to  answer 
before  the  grand  jury  for  the  crime  of  mur- 
der, the  grand  jury  had  met  and  ignored  the 
charge,  and  the  court,  upon  sufficient  cause 
shown,  ordered  that  he  be  held  to  appear 
before  the  next  grand  jury,  it  was  decided 
that  petitioner  was  not  entitled  to  his  dis- 
charge upon  a  writ  of  habeas  corpus.  Ex 
Parte  Isbell,  11  Nev.  295. 

Where  it  appears  from  the  facts  set  out 
in  petition  that  there  is  no  sufficient  ground 
to  grant  the  relief  asked  for,  the  writ  should 
not  be  issued.  Idem. 

A  petition  for  habeas  corpus,  which  fails 
to  state  any  facts  from  which  it  can  be 
inferred  that  petitioner's  imprisonment  is 
illegal,  is  insufficient  to  authorize  the  issu- 
ance of  the  writ.  Ex  Parte  Allen,  12  Nev. 
87,  88. 

6228.    Who  may  grant  writ— Granted  at  any  time. 

SEC.  3.     Such  writ  of  habeas  corpus  may  be  granted  by  any  judge  of  the 
supreme  or  district  courts,  at  any  time  in  term  or  vacation. 

Kerr,  P.  C.,  1475. 

See  Ex  Parte  Deny,  under  sec.  2  of  this  act. 
,    See  sees.  319,  321. 


elusion  of  law,  not  a  statement  of  any  fact. 
Idem. 

Before  a  writ  of  habeas  corpus  is  granted, 
sufficient  probable  cause  must  be  shown  to 
enable  the  court  to  form  such  judgment  in 
a  case,  and  if  it  appears  from  the  petition- 
er's statement  that  there  is  no  sufficient 
ground  for  his  discharge,  the  court  should 
not  issue  the  writ.  Idem. 


1789  HABEAS  CORPUS  Sec.  6285 


622JK    Granted  without  delay. 

SEC.  4.  Any  judge  empowered  to  grant  a  writ  applied  for  under  this  act, 
if  it  appear  that  the  writ  ought  to  issue,  shall  grant  the  same  without  delay. 

Krrr,  P.  C.,  147»>. 

Ex  Parte  Davis,  under  sec.  1  of  this  art. 

6230.  To  whom  directed  and  what  commanded.' 

SEC.  5.  Such  writ  shall  be  directed  to  the  officer  or  party  having  such 
person  in  custody  or  under  restraint,  commanding  him  to  have  the  body  of 
such  person,  so  imprisoned  or  detained,  as  it  is  alleged  by  the  petition,  before 
the  judge,  at  such  time  as  the  judge  shall  direct,  specifying  in  such  writ 
the  place  where  the  petition  will  be  heard,  to  do  and  receive  what  shall  then 
and  there  be  considered  concerning  such  person,  together  with  the  time  and 
cause  of  his  detention,  and  have  then  and  there  such  writ. 

K.-rr.  I'.  ('.,  1477. 

See  Ex  Parte  Deny,  under  sec.  2  of  this  act. 

6231.  Clerk  to  deliver  without  delay,  when. 

SEC.  6.  If  such  writ  be  directed  to  the  sheriff  or  other  ministerial  officer, 
it  shall  be  delivered  by  the  clerk  of  the  court  presided  over  by  the  judge 
issuing  said  writ  to  such  officer  without  delay. 

Krrr,  P.  ('.,  147S. 

6232.  Sheriff  or  deputy  to  serve,  when. 

SEC.  7.  If  such  writ  be  directed  to  any  person  other  than  is  specified  in 
the  last  preceding  section,  the  same  shall  be  delivered  to  the  sheriff  or  his 
deputy,  and  shall  be  by  him  served  upon  such  person  by  delivering  the  same 
to  him  without  delay. 

K.-rr,  P.  C.,  L478. 

6233.  Service,  how  made. 

SEC.  8.  If  the  officers  or  person  to  whom  such  writ  is  directed  cannot  be 
found,  or  shall  refuse  admittance  to  the  officer  or  person  serving  or  deliver- 
ing such  writ,  the  same  may  be  served  or  delivered  by  leaving  it  at  the  resi- 
dence of  the  officer  or  person  to  whom  it  is  directed,  or  by  affixing  the  same 
on  some  conspicuous  place  on  the  outside  of  his  dwelling  house,  or  the  place 
where  the  party  is  confined  or  under  restraint.  The  service  of  said  writ  is 
made  by  serving  a  copy  and  exhibiting  the  original,  and,  where  posting 
is.  required,  by  posting  a  copy. 

Kerr,  P.  C.,  147S. 

6234.  K'eiusal  to  obey,  judge  to  issue  attachment— Court  may  appoint 

elisor  to  serve,  when. 

SEC.  9.  If  the  officer  or  person  to  whom  such  writ  is  directed  refuse,  after 
due  service  as  aforesaid,  to  obey  the  same,  it  shall  be  the  duty  of  the  judge, 
upon  affidavit,  to  issue  an  attachment  against  such  person,  directed  to  the 
sheriff,  or,  if  the  sheriff  be  the  defendant,  to  an  elisor,  appointed  for  the  pur- 
pose by  the  judge,  commanding  him  forthwith  to  apprehend  such  person  and 
bring  him  immediately  before  such  judge;  and  upon  being  so  brought  he 
shall  be  committed  to  the  jail  of  the  county  until  he  make  due  return  of  such 
writ,  or  be  otherwise  legally  discharged. 

Kerr,  P.  C.,  1479. 

6235.  Return  of  writ,  what  to  be  stated— When  to  be  sworn  to. 

SEC.  10.     The  party  upon  whom  such  writ  shall  be  duly  served  shall  state 

in  his  return  plainly  and  unequivocally:     First— Whether  he  have  or  have 

not  the  party  in  custody,  or  under  his  power  or  restraint.     Second— If  he 

have  the  party  in  his  custody  or  power,  or  under  his  restraint,  he  shall  state 

113 


See.  6236  HABEAS  CORPUS  1790 

the  authority  and  cause  of  such  imprisonment  or  restraint,  setting  forth  the 
same  at  large.  Third— If  the  party  be  detained  by  virtue  of  any  writ,  war- 
rant or  any  other  written  authority,  a  copy  thereof  shall  be  annexed  to  the 
return,  and  the  original  shall  be  produced  and  exhibited  to  the  judge  on  the 
hearing  of  such  return.  Fourth — If  the  officer  or  person  upon  whom  such 
writ  shall  have  been  served  shall  have  had  the  party  in  his  power  or  custody, 
or  under  his  restraint,  any  time  prior  or  subsequent  to  the  date  of  the  writ  of 
habeas  corpus,  but  such  officer  or  person  has  transferred  such  custody  or 
restraint  to  another,  the  return  shall  state  particularly  to  whom,  at  what 
time  and  place,  for  what  cause,  and  by  what  authority  such  transfer  took 
place.  Fifth— The  return  must  be  signed  by  the  person  making  the  same, 
and,  except  when  such  person  shall  be  a  sworn  public  officer,  and  shall  make 
such  return  in  his  official  capacity,  it  shall  be  verified  by  his  oath  or  affirmation. 

Kerr,  P.  C.,  1480. 

This  section,  which  prescribes  what  It  is  the  duty  of  any  person  having  the 
returns  shall  be  made  to  the  writ,  does  not  custody  of  a  prisoner  to  make  known  by  a 
confine  the  party  or  officer  making  that  proper  return  to  the  court  or  judge  issuing 
return  (and  admitting  that  he  was  the  per-  a  writ  of  habeas  corpus  to  him,  the  author- 
son  named  in  the  writ  in  his  custody)  to  ity  by  which  he  holds  such  person  in  cus- 
what  is  prescribed  in  either  of  the  second  tody;  and  this  duty  applies  to  a  United 
or  third  subdivisions  of  the  section,  but  his  States  marshal  in  response  to  a  writ  from 
return  may  embrace  matters  embraced  in  a  state  court  or  judge.  Ex  Parte  Hill,  5 
both  subdivisions.  Ex  Parte  Salge,  1  Nev.  Nev.  154. 
449,  452. 

6236.  Body  of  party  in  custody  to  be  brought— Exception. 

SEC.  11.  If  the  writ  of  habeas  corpus  be  served,  the  person  or  officer  to 
whom  the  same  is  directed  shall  also  bring  the  body  of  the  party  in  his  cus- 
tody or  under  his  restraint,  according  to  the  command  of  the  writ,  except  in 
the  cases  specified  in  the  next  two  sections. 

Kerr,  P.  C.,  1481. 

6237.  Idem— When  not  able  to  appear— Return  to  show. 

SEC.  12.  Whenever,  from  sickness  or  infirmity  of  the  person  directed  to 
be  produced  by  any  writ  of  habeas  corpus,  such  person  cannot,  without  dan- 
ger, be  brought  before  the  judge,  the  officer  or  person  in  whose  custody  or 
power  he  is,  may  state  that  fact  in  his  return  to  the  writ,  verifying  the  same 
by  affidavit. 

Kerr,  P.  C.,  1482. 

6238.  Idem— Hearing  on  absence  of  party— May  take  adjournment. 

SEC.  13.  If  the  judge  be  satisfied  of  the  truth  of  such  allegation  of  sick- 
ness or  infirmity,  and  the  return  to  the  writ  is  otherwise  sufficient,  such 
judge  may  proceed  to  decide  on  such  return  and  to  dispose  of  the  matter,  as 
if  such  party  had  been  produced  on  the  writ,  or  the  hearing  thereof  may 
be  adjourned  until  such  party  can  be  produced. 

Kerr,  P.  C.,  1482. 

6239.  Immediate  hearing  on  the  return. 

SEC.  14.  The  judge  before  whom  a  writ'of  habeas  corpus  shall  be  returned 
shall,  immediately  after  the  return  thereof,  proceed  to  hear  and  examine  the 
return,  and  such  other  matters  as  may  be  properly  submitted  for  his  hearing 
and  consideration.  . 

Kerr,  P.  C.,  1483. 

6240.  Traverse  of  return. 

SEC.  15.  The  party  brought  before  the  judge  on  the  return  of  the  writ 
may  deny  or  controvert  any  of  the  material  facts  or  matters  set  forth  in  the 
return,  or  except  to  the  sufficiency  thereof,  or  allege  any  fact  to  show  either 


1791 


that  his  imprisonment  or  detention  is 
discharge. 

Kerr,  P.  C.,  14S4. 

The  writ  of  habeas  corpus  is  not  intended 
to  have  the  force  or  Operation  of  an  appeal, 
writ  of  error  or  certiorari,  nor  is  it  designed 
ul^titute  for  either.  Ex  Parte  Max- 
well. 11  Nev.  429,  439. 

Where   there   has   been    a    legal   jeopardy 

•  •ijuivalent   to   a    verdict   of   acquittal; 

ami.   on    motion,   the   prisoner   is   entitled  to 

his   discharge;   but  the  writ   of  habeas  cor-' 

pus  will  not  lie.     Idem. 

The  jurisdiction  of  a  court  or  judge  to 
remler  a  ['articular  judgment  or  sentence 
by  which  a  person  is  imprisoned  is  a  proper 
subject  of  iiMjuirv  on  habeas  corpus.  Ex 
I'arte  Dela,  25  Nev.  346,  351  (83  A.  S.  603, 
60  P.  217). 

In  a  proceeding  on  habeas  corpus  where 
-iiown  by  the  return  that  the  petitioner 
is  detained  by  virtue  of  a  process  issued 
upon  ,-i  judgment  of  a  competent  court  of 
criminal  jurisdiction,  such  showing  is  prima 
facie  only  of  the  fact,  and  may  be  attacked 
or  impeached  by  the  record  of  the  action, 
for  th«-  purpose  of  showing  such  excess  or 
want  of  juris. lift  ion  of  the  court  or  officer 
i-emli-ring  or  inning  the  same  as  to  make  its 
action  absolutely  void,  and  that  where  the 
record  shows  -uich  excess  of  jurisdiction,  or 
such  want  of  jurisdiction,  as  to  render  the 


HABEAS  CORPUS  Sec.  6242 

unlawful  or  that  he  is  entitled  to  his 


judgment  or  process  void,  the  petitioner, 
under  such  showing,  is  entitled  to  his  dis- 
charge. Idem. 

rpoii  an  indictment  and  trial  for  murder, 
and  a  verdict  adjudging  defendant  guilty  of 
rape,  the  court  has  no  jurisdiction  to  sen- 
tence and  imprison  defendant  for  such 
crime  of  rape,  since  the  constitution  (sec. 
_.'!7.  ante)  requires  presentment  and  indict- 
ment for  the  particular  offense  before  con- 
viction is  had.  and.  further,  because  the 
defendant  is  thereby  deprived  of  his  liberty 
without  due  process  of  law.  Idem. 

Murder  is  a  distinct  class  of  offense  under 
our  law.  It  is  a  generic  offense.  Eape  is 
of  another  class,  and  is,  also,  a  generic 
offense.  Hence,  the  act  of  making  all  mur- 
der which  shall  be  committed  in  the  per- 
petration of  arson,  rape,  etc.,  murder  in  the 
first  degree,  .did  not  create  a  new  crime,  but 
merely  made  a  distinction  with  a  view  of 
different  degrees  of  punishment,  based  on 
ditVerent  grades  of  crime.  Idem. 

I'nder  our  statute  making  murder  com- 
mitted in  the  perpetration  of  rape,  arson, 
etc.,  murder  in  the  first  degree,  proof  that 
tin-  murder  was  committed  in  the  perpetra- 
tion of  such  other  offense  stands  in  lieu  of 
the  proof  of  malice  aforethought.  Idem. 


0241.    Summary  proceeding. 

SEC.  16.  Such  judge  shall  thereupon  proceed  in  a  summary  way  to  hear 
such  allegation  and  proof  as  may  be  produced  against  such  imprisonment  or 
detention,  or  in  favor  of  the  same,  and  to  dispose  of  such  party  as  the  justice 
of  the  case  may  require. 

Kerr,  P.  C.,  1484. 
.     See  Ex  Parte  Maxwell,  under  sec.  15  of  this  act. 

6242.    Power  of  judge— Witnesses. 

SEC.  17.  Such  judge  shall  have  full  power  and  authority  to  require  and 
compel  the  attendance  of  witnesses  by  process  of  subpena  and  attachment 
and  to  do  and  perform  all  other  acts  and  things  necessary  to  a  full  and  fair 
hearing  and  determination  of  the  case. 

Kerr,  P.  C.,  1489. 

of  fact  as  to  whether  or  not  an  indictment, 
regular  upon  its  face,  was  ever  found  by  the 
grand  jury.     Ex  Parte  Twohig,  13  Nev.  302. 
A  judgment  of  conviction  in  the  district 


Cited,  Ex  Parte  Finlen,  20  Nev.  141,  150 
(18  P.  827). 

A  prisoner  charged  with  a  grave  offense 
will  not  be  discharged  on  habeas  corpus  on 
the  ground  that  all  efforts  to  obtain  a  com- 
petent jury  at  the  term  at  which  he  was 
properly  triable  failed,  and  that  no  com- 
petent jury  can  be  obtained,  until  it  appears 


court,  regular  upon  its  face,  is  conclusive 
until  reversed,  and  cannot  be  reviewed  upon 
habeas  corpus.  Idem. 

To  hold  a  fugitive  from  justice  to  await 


that  all   possible  means  of  securing  a  jury       the  requisition   of  the  governor   of  another 


1m  ve  failed  and  a  trial  cannot  be  had  within 
a  reasonable  time.  Ex  Parte  Stanley,  4 
Xev.  113. 

If  it  appear  that  a  jury  cannot  be  pro- 
cured in  a  criminal  case  at  the  term  at 
which  it  is  regularly  triable,  an  order  of 
indefinite  postponement  is  irregular,  but 
does  not  operate  as  a  release  of  the  prisoner. 
Idem. 

A  court  is  not  authorized  upon  a  writ  of 
habeas  corpus  to  inquire  into  the  question 


state,  it  must  affirmatively  appear  from  the 
complaint  filed  before  the  committing  magis- 
trate in  this  state:  1.  That  a  crime  has 
been  committed  in  the  other  state.  2.  That 
the  accused  has  been  charged  in  that  state 
with  the  commission  of  such  crime.  3.  That 
he  has  fled  from  justice,  and  is  within  this 
state.  Ex  Parte  Lorraine,  16  Nev.  63. 

To  hold  a  fugitive  from  justice,  upon  the 
ground  that  the  money  taken  by  him  in 
committing  the  robbery  was  brought  into 


Sec.  6243 


HABEAS  CORPUS 


1792 


this  state,  there  must  be  a  complaint  charg- 
ing1 him  with  this  offense  substantially  in 
the  language  of  the  statute.  Idem. 

If  a  prisoner  is  held  under  a  legal  and 
valid  commitment,  the  illegality  of  other 
commitments  need  not  be  considered  until 
his  term  of  service  under  the  valid  com- 
mitment has  expired.  Ex  Parte  Ryan,  10 
Nev.  261,  17  Nev.  139  (28  P.  1040). 

Alleged  errors  and  irregularities  in  the 
proceedings  of  the  court  cannot  be  reviewed 
on  habeas  corpus.  Ex  Parte  Bergman,  18 
Nev.  331  (4  P.  209). 

The  supreme  court  will  review,  upon 
habeas  corpus,  the  question  of  the  constitu- 
tionality of  an  act  under  which  petitioner 
has  been  convicted,  and  if  the  act  is  uncon- 
stitutional the  petitioner  will  be  discharged. 
Ex  Parte  Rosenblatt,  19  Nev.  439  (3  A.  S 
901,  14  P.  298). 

When  an  accused  person  is  held  by  a  judge 


for  examination  before  him,  under  the  pro- 
visions of  the  habeas  corpus  act,  he  is 
invested  with  such  powers  only  as  are  con- 
ferred on  other  magistrates  in  matter-  of 
preliminary  examinations.  Ex  Parte  Ah 
Kee,  22  Nev.  374  (40  P.  879). 

In  order  to  justify  a  committing  magis- 
trate in  holding  an  accused  to  answer  to  a 
charge,  the  evidence  need  not  show  guilt 
beyond  a  reasonable  doubt.  In  re  Kelly.  2s 
Nev.  491  (83  P.  223). 

The  court,  on  habeas  corpus  for  the  dis- 
charge of  one  arrested  as  a  fugitive  from 
justice,  under  an  executive  warrant,  may 
examine  into  the  sufficiency  of  the  papers 
on  which  the  warrant  is  based,  and,  if  the 
indictment  or  complaint  on  which  the 
requisition  is  made,  and  the  executive  war- 
rant issued,  is  insufficient,  the  court  will 
discharge  the  prisoner.  In  re  Waterman, 
29  Nev.  288,  11  L.  R.  A.  (N.  S.)  424,  89  P.  29. 


6243.  When  party  entitled  to  discharge. 

SEC.  18.  If  no  legal  cause  be  shown  for  such  imprisonment  or  restraint, 
or  for  the  continuation  thereof,  such  judge  shall  discharge  such  party  from 
the  custody  or  restraint  under  which  he  is  held. 

Kerr,  P.  C.,  1485. 

See  Ex  Parte  Rickey,  under  sec.  20  of  this  act. 

6244.  When  may  be  remanded. 

SEC.  19.  It  shall  be  the  duty  of  such  judge,  if  the  time  during  which  such 
party  may  be  legally  detained  in  custody  has  not  expired,  to  remand  such 
party,  if  it  shall  appear  that  he  is  detained  in  custody  by  virtue  of  the  final 
judgment  or  decree  of  any  competent  court  of  criminal  jurisdiction,  or  of 
any  process  issued  upon  such  judgment  or  decree,  or  in  cases  of  contempt  of 
court. 

Kerr,  P.  C.,  1486. 

A  person  held  in  custody  under  a  regular 
commitment  of  a  justice  of  the  peace  will 
not  be  discharged  on  habeas  corpus,  unless 
it  appears  that  the  jurisdiction  of  the  jus- 
tice has  been  exceeded  or  that  the  commit- 
ment issued  without  authority  of  any  judg- 
ment, order  or  decree  of  any  court  or  any 
provision  of  law.  Ex  Parte  Winston,  9 
Nev.  71,  74. 

A  habeas  corpus  is  not  a  writ  of  error, 
nor  can  it  be  used  to  authorize  the  exercise 
of  appellate  jurisdiction.  Idem. 

On  habeas  corpus,  in  case  of  a  commit- 
ment under  the  judgment  of  a  court,  such 
judgment  cannot  be  disregarded;  nor  will 
the  record  be  looked  into  except  to  ascer- 
tain whether  a  judgment  exists,  withou' 
regard  to  the  question  whether  it  be  right  or 
wrong.  Idem. 

When  it  appears  that  petitioner  was 
imprisoned  under  a  final  judgment  of  a  jus 
tiee  of  the  peace,  and  the  justice  had  juris- 
diction of  the  offense  charged  as  well  as  of 
the  petitioner,  it  was  held  the  petitioner 
must  be  remanded;  that  if  error  was  com- 
mitted on  the  trial  the  only  remedy  of 
petitioner  was  by  appeal,  and  not  by  habeas 
corpus.  Ex  Parte  Edgington,  10  Nev.  215, 
217;  Ex  Parte  Crawford,  24  Nev.  91,  92 
(49  P.  1038). 


A  sentence  against  two  defendants  jointly 
on  a  joint  verdict  is  not  void,  the  court- 
having  jurisdiction,  though  the  same  inay 
be  erroneous,  but  whether  erroneous  or  not 
cannot  be  determined  on  habeas  corpus.  Ex 
Parte  Gafford,  25  Nev.  101,  104  (83  A.  S. 
568,  57  P.  484). 

Habeas  corpus  proceedings  cannot  be 
used  to  authorize  the  exercise  of  appellate 
jurisdiction.  Idem. 

The  jurisdiction  of  the  court  may  be  prop- 
erly inquired  into  on  habeas  corpus.  Sr<> 
Ex  Parte  Dela,  under  sec.  15  of  this  act. 

On  conviction  of  a  felony,  the  sentence 
imposed  was  within  the  discretion  vested  in 
the  district  court  as  to  the  amount  of  the 
fine  and  the  time  of  alternative  imprison- 
ment in  the  event  that  the  fine  was  not 
paid,  and  was  erroneous  only  that  it  declared 
that  such  alternative  imprisonment  should 
be  in  the  state  prison,  whereas  it  should 
have  declared  the  same  should  be  in  the 
county  jail.  It  was  held  that,  in  habeas 
corpus  proceedings,  such  direction  as  to 
the  place  of  imprisonment  might  be  rejected 
as  surplusage  and  did  not  vitiate  the  entire 
sentence.  Ex  Parte  Tani,  29  Nev.  385,  389, 
13  L.  R.  A.  (N.  S.)  518,  91  P.  197. 


HABEAS  CORPUS 


Sec,  6247 


r,i>  K).    Grounds  tor  discharge. 

SEC.  20.  If  it  appears  on  the  return  of  the  writ  of  habeas  corpus  that  the 
prisoner  is  in  custody  by  virtue  of  process  from  any  court  of  this  territory, 
or  judge  or  officer  thereof,  such  prisoner  may  be  discharged,  in  any  one  of 
the  following  cases,  subject  to  the  restrictions  of  the  last  preceding  section: 
First— When  the  jurisdiction  of  such  court  or  officer  has  been  exceeded. 
Second— When  the  imprisonment  was  at  first  lawful,  yet  by  some  act,  omis- 
sion, or  event,  which  has  taken  place  afterwards,  the  party  has  become 
entitled  to  be  discharged.  Third— When  the  process  is  defective  in  some 
matter  of  substance  required  by  law,  rendering  such  process  void.  Fourth— 
When  the  process,  though  proper  in  form,  has  been  issued  in  a  case  not 
allowed  by  law.  Fifth — When  the  person  haying  the  custody  of  the  prisoner 
is  not  the  person  allowed  by  law  to  detain  him.  Sixth— Where  the  process 
is  not  authorized  by  any  judgment,  order,  or  decree  of  any  court,  nor  by  any 
provision  of  law.  Seventh — Where  a  party  has  been  committed  on  a  criminal 
charge  without  reasonable  or  probable  cause. 

Kerr,  P.  C..  I4S7. 

A  Mate  court  <>r  jud^e  cannot  "ii  habeas 
corpus  examine  or  decide  \vh«'t  her  a  par- 
ticular offense  charged  in  an  indictment, 
found  in  a  I'nited  States  court,  is  or  is  not 
;ni  oifense  against  the  laws  of  the  United 
68.  i:\  Parte  Hill.  .'»  Xev.  ! 

Where  it  appears  that  the  petitioner  is 
lu-ld  in  custody  by  the  sheriff  by  \irtue  of 
a  Commitment, which  shows  that  the  prisoner 
W&t  found  guilty  of  a  public  offense,  and 
no  objection  is  made  touching  the  regularity 
of  the  commitment,  and  the  jurisdiction  of 
the  court  was  not  questioned,  it  was  held 
that  whether  petitioner  was  guilty  or  not 
\\.is  the  question  to  be  decided  upon  the 
trial,  and.  if  erroneously  decided,  the 

re dv  is  bv  appeal  (Ex  Parte  Edgington, 

1"  Xe'v.  215,  affirmed).  Kx  I'arte  Crawford, 
i'!i  Xev.  <U  (49  P.  1038). 

The  provision  of  the  seventh  clause  of  thi- 
scction  only  applies  to  cases  where  the  evi- 
dence given  on  the  examination  is  insuffi- 
cient to  warrant  the  committing  magistrate 
in  holding  the  prisoner  to  answer.  Kx  Parte 
Allen,  li'  Nev.  87,  88. 

Petitioner  cannot  claim  the  issuance  of 
a  writ  of  habeas  corpus  for  the  sole  purpose 
of  impeaching  the  witnesses  -who  testified 
against  him  at  his  examination.  Idem. 

Petitioner  discharged  under  provisions  of 
clause  4  above.  Ex  Parte  Diedesheimer,  14 


See  K\  I'arte  Winston  and  Kx  I'arte  Tani, 
under  see.  l!>  of  this  act;  Ex  Parte  Maxwell, 
under  sec.  1.1  of  this  ;i<-t. 

There  are  three  essential  elements  neces- 
sary to  render  conviction  valid.  These  are 
that  the  court  must  have  jurisdiction  over 
the  subject-matter,  the  person  of  the  defend- 
ant, and  authority  to  render  the  particular 
judgment.  If  either  of  these  elements  is 
lacking,  the  judgment  is  fatally  defective 
and  the  prisoner  held  under  such  judgment 
mav  be  released  on  habeas  corpus.  Ex  Parte 

Webb,  iM  Nev.  238  (51  P.   1027). 

When  one  is  imprisoned  under  a  statute 
entirelv  void,  the  remedy  is  habeas  corpus 
Kx  Part,-  Kair,  28  Nev.  127  (113  A.  S.  817, 
MI  P.  iu:0;  Ex  Parte  Boyce,  27  Nev.  209 
(65  L.  R.  A.  47,  75  P.  1). 

Where  accused  avers  that  the  indictment 
doefl  not  allege  an  offense  and  the  state 
admits  that  the  facts  are  stated  therein,  the 
court  on  habeas  corpus  must  consider  'the 
question  whether  the  indictment  states  an 
offense,  and  if  it  does  not,  accused  must  be 
discharged.  Ex  Parte  Kickey,  31  Nev.  82, 
Si)  (100  P.  134,  135  A.  S.  651). 

The  question  of  the  legality  of  impaneling 
a  jury  in  a  criminal  case  should  be  raised 
on  appeal  from  the  judgment  and  from  an 
order  denying  a  new  trial,  and  not  on  habeas 
corpus.  Kx  Parte  Jackman,  .31  Nev.  106 
(100  P.  749). 


H246.    Defect  of  form  of  warrant  not  valid  ground. 

SEC.  21.  If  any  person  be  committed  to  prison,  or  be  in  custody  of  any 
officer  on  any  criminal  charge,  by  virtue  of  any  warrant  or  commitment  of 
a  justice  of  the  peace,  such  person  shall  not  be  discharged  from  such  impris- 
onment or  custody  on  the  ground  of  any  defect  of  form  in  such  warrant  or 
commitment. 

Kerr,  P.  C.,  1488. 

H247.    When  judge  may  conduct  reexamination— Powers  under. 

SEC.  22.  If  it  shall  appear  to  the  judge,  by  affidavit,  or  upon  hearing  of 
the  matter,  or  otherwise,  or  upon  the  inspection  of  the  process  or  warrant  of 
commitment,  and  such  other  papers  in  the  proceedings  as  may  be  shown  to 
such  judge,  that  the  party  is  guilty  of  a  criminal  offense,  or  ought  not  to  be 


Sec.  6248  HABEAS  CORPUS  1794 

discharged,  such  judge,  although  the  charge  be  defectively  or  unsubstantially 
set  forth  in  such  process  or  warrant  of  commitment,  shall  cause  the  com- 
plainant, or  other  necessary  witnesses,  to  be  subpenaed  to  attend  at  such 
time  as  shall  be  ordered,  to  testify  before  such  judge;  and  upon  the  exami- 
nation, he  shall  discharge  such  prisoner,  let  him  to  bail,  if  the  offense  be 
bailable,  or  recommit  him  to  custody,  as  may  be  just  and  legal. 

Kerr,  P.  C.,  1489. 

6248.  May  be  granted  for  release  on  bail. 

SEC.  23.  Whenever  any  person  may  be  imprisoned,  or  detained  in  custody, 
on  any  criminal  charge,  for  want  of  bail,  such  person  shall  be  entitled  to  a 
writ  of  habeas  corpus,  for  the  purpose  of  giving  bail,  upon  averring  that  fact 
in  his  petition,  without  alleging  that  he  is  illegally  confined. 

Kerr,  P.  C.,  1490. 

6249.  Idem— Recognizance,  may  take. 

SEC.  24.  Any  judge,  before  whom  any  person  who  has  been  committed 
on  a  criminal  charge  shall  be  brought  on  a  writ  of  habeas  corpus,  if  the  same 
be  bailable,  may  take  a  recognizance  from  such  person,  as  in  other  cases,  and 
shall  file  the  same  in  the  proper  court  without  delay. 

Kerr,  P.  C.  1491. 

6250.  May  remand  to  custody. 

SEC.  25.  If  any  party  brought  before  the  judge,  on  the  return  of  the  writ, 
be  not  entitled  to  his  discharge,  and  be  not  bailed  where  such  bail  is  allow- 
able, such  judge  shall  remand  him  to  custody,  or  place  him  under  the  restraint 
from  which  he  was  taken,  if  the  person,  under  whose  custody  or  restraint  he 
was,  be  legally  entitled  thereto. 

Kerr,  P.  C.,  1492. 

If  the  indictment  be  defective  but  enough  should  not  be  discharged  on  habeas  corpus 
appears  to  retain  the  accused  in  custody,  he  Ex  Parte  Kitchen,  19  Nev.  178  (18  P.  88(3). 

6251.  Judge  may  order  change  of  custody. 

SEC.  26.  In  cases  where  any  party  is  held  under  illegal  restraint  or  cus- 
tody, or  any  other  person  is  entitled  to  the  restraint  or  custody  of  such  party, 
such  judge  may  order  such  party  to  be  committed  to  the  restraint  or  custody 
of  such  person  as  is  by  law  entitled  thereto. 

Kerr,  P.  C.,  1493. 

Prisoner  taken  from  the  custody  of  the  pus,  the  court  is  authorized,  if  after  exam- 
warden  of  the  penitentiary  and  committed  ining  the  case,  it  should  be  of  the  opinion 
to  the  sheriff  of  Storey  County.  Ex  Parte  that  petitioner  was  guilty  of  an  offense 
Janes,  1  Nev.  319,  322.  other  than  that  on  which  he  is  held,  to 

Where  a  petitioner  is  brought  before  the  issue  a  new  commitment.  Ex  Parte  Ricord, 

supreme  court  upon  a  writ  of  habeas  cor-  11  Nev.  288. 

6252.  Pending  judgment  on  proceedings,  may  commit  or  place  in  custody. 

SEC.  27.  Until  judgment  be  given  on  the  return,  the  judge,  before  whom 
any  party  may  be  brought  on  such  writ,  may  commit  him  or  her  to  the  cus- 
tody of  the  sheriff  of  the  county,  or  place  him  or  her  in  such  care  or  under 
such  custody  as  his  or  her  age  or  circumstances  may  require. 

Kerr,  P.  C.,  1494. 

6253.  Defect  of  form  not  material. 

SEC.  28.  No  writ  of  habeas  corpus  shall  be  disobeyed  for  defect  of  form, 
if  it  sufficiently  appear  therefrom  in  whose  custody  or  under  whose  restraint 
the  party  imprisoned  or  restrained  is,  the  officer  or  person  detaining  him, 
and  the  judge  before  whom  he  is  to  be  brought. 

Kerr,  P.  C.,  1495. 

6254.  Person  discharged  not  again  imprisoned  on  same  cause— Exception. 

SEC.  29.     No  person  who  has  been  discharged  by  the  order  of  the  judge  upon 


1795  HABEAS  CORPUS  Sec.  6261 

a  habeas  corpus  issued  pursuant  to  the  provisions  of  this  act,  shall  be  again 
imprisoned,  restrained,  or  kept  in  custody  for  the  same  cause,  except  in  the 
following  cases:  First— If  he  shall  have  been  discharged  from  custody  on  a 
criminal  charge,  and  be  afterwards  committed  for  the  same  offense  by  legal 
order  or  process.  Second — If  after  a  discharge  for  defect  of  proof,  or  for 
any  defect  of  the  process,  warrant,  or  commitment,  in  a  criminal  case,  the 
prisoner  be  again  arrested  on  sufficient  proof,  and  committed  by  legal  pro- 
cess for  the  same  offense. 

Krrr,  P.  C.,  14!»fi. 

6255.  Warrant  may  issue,  when,  antliorixinir  sheriff  or  constable  to  brinjr 

party. 

SEC.  30.  Whenever  it  shall  appear  by  satisfactory  proof,  by  affidavit,  to 
any  judge  authorized  by  law  to  grant  a  writ  of  habeas  corpus,  that  any  one 
is  illegally  held  in  custody,  confinement,  or  restraint,  and  that  there  is  good 
reason  to  believe  that  such  person  will  be  carried  out  of  the  jurisdiction 
of  such  judge,  before  whom  the  application  is  made,  or  will  suffer  some 
irreparable  injury  before  compliance  with  the  writ  of  habeas  corpus  can  be 
enforced,  said  judge  may  cause  a  warrant  to  be  issued,  reciting  the  facts,  and 
directed  to  the  sheriff  or  any  constable  of  the  county,  commanding  such  officer 
to  take  such  person  thus  held  in  custody,  confinement,  or  restraint,  and  forth- 
with bring  him  or  her  before  such  judge,  to  be  dealt  with  according  to  law. 

Berr,  P.  ('.,  1497. 

6256.  Idem— Arrest  of  restraining  party. 

SEC.  31.  Such  judge  may  also,  if  the  same  be  deemed  necessary,  insert  in 
such  warrant  a  command  for  the  apprehension  of  the  person  charged  with 
such  illegal  detention  and  restraint. 

K.-rr,  P.  ('.,   H'.'V 

6257.  Idem— Execution  of  warrant. 

SEC.  32.  The  officer  to  whom  such  warrant  is  delivered  shall  execute  the 
same  by  bringing  the  person  or  persons  therein  named  before  the  judge  who 
may  have  directed  the  issuing  of  such  warrant. 

Kerr,  P.  C.,  1499. 

6258.  Idem— Return  to,  traverse  and  hearing. 

SEC.  33.  The  person  alleged  to  have  such  party  under  illegal  confinement 
or  restraint  may  make  return  to  such  warrant,  as  in  the  case  of  a  writ  of 
habeas  corpus,  and  the  same  may  be  denied,  and  like  allegations,  proofs,  and 
trial,  shall  be  thereon  had  as  upon  the  return  to  a  writ  of  habeas  corpus. 

Kerr,  P.  C.,  1500. 

6259.  Idem— Discharge  or  remand. 

SEC.  34.  If  such  party  be  held  under  illegal  restraint  or  custody,  he  or 
she  shall  be  discharged,  and  if  not,  he  or  she  shall  be  restored  to  the  custody 
of  the  person  entitled  thereto,  or  left  at  liberty,  as  the  case  may  require. 

Kerr,  P.  C.,  1501. 

6260.  Writ  may  issue  on  Sunday  or  nonjudicial  day. 

SEC.  35.  Any  writ  or  process  authorized  by  this  act  may  be  issued  and 
served  on  the  first  day  of  the  week,  commonly  called  Sunday,  or  any  other 
nonjudicial  day. 

Kerr,  P.  C.,  1502. 

For  list  of  nonjudicial  days,  see  sec.  4870. 

6261.  Clerk  to  issue  writs,  warrants  and  process— When  sealed— Service 

and  return. 

SEC.  36.     All  writs,  warrants,  processes,  and  subpenas,  authorized  by  the 


Sec.  6262  CRIMES  AND  PUNISHMENTS  1796 

provisions  of  this  act,  shall  be  issued  by  the  clerk  of  the  court,  and,  except 
subpenas,  sealed  with  the  seal  of  the  court,  and  shall  be  served  and  returned 
forthwith,  unless  the  judge  shall  specify  a  particular  time  for  any  such  return. 
Kerr,  P.  C.,  1503,  1504. 

6262.  Penalty  for  refusing  to  grant,  or  obedience  to  writ. 

SEC.  37.  If  any  judge,  after  a  proper  application  is  made,  shall  refuse  to 
grant  an  order  for  a  writ  of  habeas  corpus,  or  if  the  officer  or  person  to 
whom  such  writ  may  be  directed  shall  refuse  obedience  to  the  command 
thereof,  he  or  she  shall  forfeit  and  pay  to  the  person  aggrieved  a  sum  not 
exceeding  five  thousand  dollars,  to  be  recovered  by  an  action  of  debt  in  any 
court  having  cognizance  thereof. 

Kerr,  P.  C.,  1505. 

The  writ  of  habeas  corpus  is  guaranteed,  except  in  case  of  rebellion  or  invasion,  by  the 
federal  constitution  (sec.  130)  and  the  state  constitution  (sec.  234). 

6263.  Penalty  for  custodian  disobeying  or  avoiding  writ. 

SEC.  38.  Any  person  having  in  his  custody  or  under  his  restraint  or  power 
any  person  for  whose  relief  a  writ  of  habeas  corpus  shall  have  been  duly 
issued  pursuant  to  the  provisions  of  this  act,  who,  with  the  intent  to  elude 
the  service  of  such  writ,  or  to  avoid  the  effect  thereof,  shall  transfer  such 
person  to  the  custody  of  another,  or  shall  place  him  or  her  under  the  power 
or  control  of  another  or  shall  conceal  or  exchange  the  place  of  his  or  her  con- 
finement or  restraint,  or  shall  remove  him  or  her  without  the  jurisdiction  of 
such  judge,  shall  be  deemed  guilty  of  a  misdemeanor,  and  fined  in  a  sum  not 
exceeding  five  thousand  dollars. 

Kerr,  P.  C.,  362-364. 

6264.  Idem— Accessories. 

SEC.  39.  Every  person  who  shall  knowingly  aid  or  assist  in  the  commis- 
sion of  any  offense  specified  in  the  last  preceding  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punished  as  in  the  last  preceding  section  men- 
tioned. 

6265.  Further  penalty,  imprisonment. 

SEC.  40.  Every  person  convicted  of  any  offense  under  the  provisions  of 
the  last  two  preceding  sections,  in  addition  to  the  punishment  therein  men- 
tioned, may  be  also  imprisoned  in  the  county  jail  for  a  term  not  exceeding 
two  years. 


CRIMES  AND  PUNISHMENTS 

General  act  concerning  crimes  and  punishments,  sections  6266-6835. 

Act  making  criminal  the  selling  of  liquor  to  habitual  drunkards  or  dipsomaniacs,  sec- 
tions 6836-6838. 

Act  prohibiting  the  sale  of  liquor  within  five  miles  of  construction  camps,  sections 
6839-6841. 

Act  making  it  unlawful  to  allow  minors  to  remain  in  saloons,  section  6842. 

Act  making  keepers  of  saloons  and  gambling  houses  liable  in  damages  for  giving  liquor 
to  minors  or  allowing  minors  to  gamble,  section  6843. 

Act  making  superintendents  and  managers  of  electric  light  and  water  companies  liable 
in  damages  for  refusal  to  connect  main  wires  and  pipes,  sections  6844-6846. 

Act  to  prevent  slavery  or  involuntary  servitude  except  for  the  punishment  of  crime, 
sections  6848-6850. 

Arrest  in  civil  cases  in  district  court,  section  5087,  et  seq. 
Arrest  in  civil  cases  in  justice's  court,  section  5744,  et  seq. 
Arrest  in  criminal  cases,  sections  6930-6951,  et  seq. 
Contempts,  sections  5394-5407. 
Contempts  punishable  in  justice's  courts,  sections  5794-5798. 


1797  CRIMES  AND  PUNISHMENTS  Sec.  626(i 

Criminal  pi-act  ice  act,  sections  6851-7528. 

District  court  has  jurisdiction  of  criminal  cases  appealed  from  justice's  court,  sections 
4840,  -4848. 

Grand  juries  under  jurisdiction  of  district  court,  section  484S. 

Habeas  corpus,  sections  6226-6265. 

Indictment  found  and  triable  in  district  court,  section  4848. 

Judge  of  municipal  or  recorder's  court  as  committing  magistrate,  section  4848. 

Jurisdiction  of  public  offenses,  supreme  court,  sections  319,  l^-'ii',  4834;  district  courts, 
sections  321,  4840,  4848;  justices'  courts,  sections  32.".,  4S.~>1;  municipal  or  recorder's  court, 
sections  316,  324,  4854;  committing  magistrates,  section  (iDL'7.  et  seq. 

Juvenile  court  law  under  jurisdiction  of  district  court,  section  729,  et  seq. 

Prosecution  and  expenses  on  offenses  by  persons  in  or  escaping  from  state  prison,  sec- 
tion 6820. 

Trial  and  sentence  for  crimes  committed  by  imprisoned  person,  sections  iiS!8,  6819. 

CONSTITUTIONAL  PROVISIONS 

Accused  not  to  be  compelled  to  be  witness  against  himself,  section  237;  U.  S.  Const., 
section  175. 

A p] teal,  legislature  may  prescribe  methods,  section  323. 

Bail,  excessive  not  to  be  required,  section  235;  U.  S.  Const.,  section  178. 

Bail  to  be  allowed,  except  when,  section  236. 

Bill  of  attainder  not  to  be  passed,  section  244. 

Charge  to  jury,  how  to  be  made,  section  327. 

civil  process  suspended  on  election  day,  section  253. 

Concurrent  jurisdiction  of  district  and  justices'  courts,  section  323. 

Counsel,  right  of  accused  to  have,  section  237,  U.  S.  Const.,  section  178. 

Court  may  state  testimony  and  declare  the  law,  section  327. 

l>ue  process  and  equal  protection  of  law  guaranteed,  section  237;  U.  S.  Const.,  sections 
175,  185. 

Extradition,  U.  S.  Const.,  section  161. 

Fines,  excessive  not  to  be  imposed,  section  235;  U.  S.  Const.,  section  178. 

Fines,  governor  may  suspend  collection  of  not  exceeding  sixty  days,  section  306. 

Fines,  remission  of,  section  307. 

Freedom  of  speech  and  press,  section  iMv 

Habeas  corpus  not  to  be  suspended  except  in  case  of  rebellion  or  invasion,  section  234; 
U.  S.  Const.,  section  130. 

Impeachment,  chief  justice  and  a>s... -i.-ite  justices  liable  to,  sections  335,  336. 

Impeachment,  district  JIH|IM>>  subject  to,  sections  335,  336. 

Impeachment,  powers  of.  conferred  upon  the  legislature,  section  334. 

Impeachment  proceedings  in  senate,  chief  justice  to  preside  over,  section  334. 

Impeachments,  sections  335,  336. 

Impeachments,  conviction  on  not  pardonable,  section  307. 

Imprisonment  for  debt  prohibited,  except  for  fraud,  libel  or  slander,  section  243. 

Indictment,  trial  by  secured  (resolution  for  amendment  of  state  constitution  pending), 
section  237;  U.  S.  Const.,  section  17-". 

Information,  resolutions  of  legislatures  1909,  1911,  favoring  amendment  of  constitution 
to  allow  prosecutions  by,  section  237. 

Jeopardy,  no  person  to  be  twice  put  in,  section  237;  U.  S.  Const.,  section  175. 

Judges  not  to  charge  juries  regarding  matters  of  fact,  but  may  state  testimony  and 
declare  the  law,  section  327. 

Judicial  power  of  state  in  supreme  court,  district  courts,  justices  of  the  peace  and 
municipal  courts,  section  316. 

Judicial  power  of  the  United  States,  U.  S.  Const.,  sections  119,  154. 

Juries,  how  to  be  charged,  section  327. 

Juries,  persons  convicted  of  crime,  or  not  electors,  not  to  serve  on,  section  285. 

Jurisdiction  of  public  offenses,  supreme  court,  section  319;  district  courts,  section  321; 
justices'  courts,  section  323;  municipal  or  recorder's  court,  sections  316,  324. 

Jury  trial  secured,  section  232;  U.  S.  Const.,  sections  156,  176. 

Libel,  in  civil  and  criminal  actions  for,  truth  may  be  given  in  evidence,  section  238. 

Libel,  if  true  and  justifiable  jury  may  acquit,  section  238. 

Liberty  guaranteed,  section  230. 

Militia  fine,  imprisonment  for  in  time  of  peace  prohibited,  section  243. 

Pardons,  section  307. 

Eight  of  assembly  and  petition,  section  238. 

Search  and  seizure  not  to  take  place  without  oath  and  probable  cause,  section  247;  U.  S. 
Const.,  section  174. 

Slavery  prohibited  except  for  crime,  section  246;  U.  S.  Const.,  section  183. 

Style  of  process,  "The  State  of  Nevada,"  section  328. 

Testimony,  court  may  state,  section  327. 

Treason  defined,  two  witnesses  necessary,  section  248;  U.  S.  Const.,  section  157. 

Treason,  governor  may  suspend  sentence  until  convening  of  legislature,  section  306. 

Treason  not  pardonable,  section  307. 


Sec.  6266  CRIMES  AND  PUNISHMENTS  1798 

STATUTORY  OFFENSES  UNDER  OTHER  TITLES 

Acknowledgments,  failure  to  keep  record  of,  section  1099. 

Animals,  diseased,  bringing  into  state,  section  2995. 

Animals,  diseased,  sale  of,  section  2995. 

Apiaries,  spreading  diseases  among  bees,  section  481. 

Apprentice,  aiding  or  concealing  runaway,  sections  495,  496.  ' 

Assayer,  failure  to  keep  record  of  bullion  purchased  or  transported,  section  2485. 

Assessor,  failure  to  make  returns  of  poll  taxes,  section  3726. 

Assessor,  giving  false  receipt,  section  3684. 

Assessor,  making  assessment  contrary  to  state  board,  section  3809. 

Assessor,  misdemeanor  in  office,  section  3681. 

Assessor,  neglect  of  duty,  section  1574. 

Assessor,  refusing  inspection  of  books  by  license  and  bullion  tax  agent,  section  4245. 

Attorney-general,  refusal  to  perform  duties,  section  4134. 

Automobiles,  running  for  rent  without  license,  section  3878. 

Banks,  banking  board,  violation  of  act,  section  685. 

Banks,  certifying  check  when  no  funds  in  deposit,  section  647. 

Banks,  credit,  circulation  of  false  reports  concerning,  section  661. 

Banks,  defrauding,  section  648. 

Banks,  deposits,  assent  to  reception  of  in  failing,  section  634. 

Banks,  deposits,  receiving  in  failing,  section  635. 

Banks,  examiners  violation  of  bank  act,  section  685. 

Banks,  false  oath  by  officials,  perjury,  section  660. 

Banks,  false  reports,  circulation  of  as  to  credit,  section  661. 

Banks,  false  statements  by  officials,  section  631. 

Banks,  embezzlement  of  funds,  section  648. 

Banks,  funds,  misappropriation  of,  section  648. 

Banks,  loans  indorsed  by  officials,  section  632. 

Banks,  officials  borrowing  without  approval  of  majority  of  directors,  section  633. 

Banks,  officials  transacting  business  after  authority  revoked,  section  655. 

Banks,  time  deposits,  paying  more  than  4  per  cent  interest  on,  section  644. 

Banks,  violation  of  bank  act,  section  689. 

Banks,  wilful  violation  of  banking  act,  section  645. 

Bees,  spreading  diseases  among,  section  481. 

Birth,  altering  certificate  of,  section  297i). 

Birth,  false  certificate  of,  section  2987. 

Birth,  failure  to  record,  section  2986. 

Birth,  failure  to  report,  section  2972. 

Board  of  examiners  (county),  neglect  of  duty,  section  1551. 

Board  of  examiners  (state),  failure  to  order  examination  of  accounts,  section  2858. 

Board  of  pardons,  false  oath  or  affirmation  before,  section  7627. 

Bonding  company,  false  affidavit  of  stockholder,  section  1244. 

Bullion,  purchaser  failing  to  inquire  concerning,  or  keep  records,  section  2485. 

Bureau  of  industry,  distributing  unreliable  literature,  section  4494. 

Children,  contributory  dependency  and  delinquency,  sections  757-764. 

Children,  foreign  corporations,  placing,  section  747. 

Children,  illegitimate,  abandonment  or  neglect  of,  section  766. 

Cigarettes  and  cigarette  papers,  selling  or  giving  to  minors,  sections  3874,  3875. 

City  council,  malfeasance  in  office,  section  808. 

City  officers,  interested  in  contracts,  section  812. 

City  officers,  refusing  information  to  revenue  examiners,  section  983. 

City  officers,  voting  for  excessive  municipal  tax,  section  976. 

City  officers,  voting  for  unlawful  municipal  indebtedness,  section  981. 

Constable,  purchasing  judgment,  section  2821. 

Contributory  delinquency  and  dependency,  sections  757-764. 

Controller,  malfeasance  or  misfeasance  in  office,  section  4170. 

Controller,  receipts  from,  false  affidavit  as  to  loss  of,  section  4187. 

Corporations,  failure  to  report  to  secretary  of  state,  officers  and  agents,  section  1186. 

Corporations,  false  entry  by  officer,  sections  1176,  1235. 

Corporations,  false  statements  relative  to,  section  1174. 

Corporations,  refusing  inspection  or  copy,  sections  1176,  1235. 

Corporations,  officer  destroying  records,  sections  1177,  1178. 

Corporations,  officer,  receiving  or  possessing  property  unlawfully,  sections  1177,  1178. 

Corporations,  officer  keeping  false  records,  sections  1177,  1178. 

Corporations  (mining),  failure  to  maintain  agent,  section  1218. 

County  officers,  refusing  inspection  to  state  auditor,  section  4152. 

County  commissioners,  failure  to  abate  nuisance,  section  1562. 

County  commissioners,  failing  to  comply  with  act  relative  to  storage  of  explosives, 
section  1947. 

Countv  commissioners,  failure  to  investigate  licensed  business  upon  complaint,  sec- 
tion 3638". 


1799  CRIMES  AND  PUNISHMENTS  Sec.  6266 

County  commissioners,  failure  to  order  examination  of  accounts,  sections  2858,  2859. 

County  commissioners,  interested  in  contracts,  section  1522. 

County  commissioners,  voting  indebtedness  contrary  to  law,  section  3834. 

County  commissioners,  voting  on  contract  extending  beyond  term  of  office,  sections 
1537,  1538. 

County  officers,  office  hours,  failure  to  keep,  section  1565. 

County  officers,  refusing  inspection  to  state  auditor,  section  4152. 

County  recorder,  recording  unlawful  brand,  section  2248. 

County  recorders,  violating  recorder's  act,  section  1638. 

County  surveyor,  neglect  of  duty,  section  1673. 

Cruelty  to  animals,  sections  1378-1380. 

Dead  body,  burying  without  permit,  section  2972. 

Dead  body,  removal  without  permit,  section  2972. 

Death,  failure  to  record,  section  2986. 

Death,  false  certificate  of,  section  2987. 

Death  certificate,  altering  of-,  section  2972. 

Death  certificate,  carrier  shipping  without,  section  2972. 

Death  certificate,  physician  failing  to  issue  or  issuing  false,  section  2972. 

Dental  examiners'  act,  violation  of,  section  44.".1.*. 

Dentistry,  practicing  without  license,  section  4427. 

Diseased  meats,  poultry  and  fish,  sale  of,  section  2995. 

Diseases,  spreading  among  bees,  section  481. 

District  recorders,  violating  recorder's  act,  section  1638. 

District  attorney,  misfeasance  or  malfeasance  in  office,  section  1606. 

District  attorney,  nuisance,  failure  to  abate,  section  1562. 

District  attorney,  partners  opposing  in  same  action,  section  1611. 

District  attorney,  taxes  collected,  failure  to  account  for,  section  3676. 

Drugs,  adulteration  of,  section  4511. 

Drunkenness  in  office,  sections  2861-2863. 

Ki-rht-hour  day,  top  men  of  underground  mine,  section  19  H. 

Elections,  aiding  or  abetting  illegal  registration,  section  1718. 

Elections,  aiding,  advising  or  assisting  fraudulent  voting,  section  1827. 

Elections,  abstracting  ballot  lawfully  polled,  section  1826. 

Elections,  attempt  to  add  additional  ballot  to  those  cast,  section  1826. 

Elections,  attempting  to  vote  twice  or  more,  section  1827. 

Elections,  ballot  or  stub  marking  for  identification,  section  1859. 

Elections,  ballot  paper,  disclosing  design  or  water  mark,  section  1859. 

Elections,  ballot  paper,  printing,  furnishing  or  having  possession  of  imitation,  section  1859. 

Elections,  ballot,  applying  for  at  wrong  precinct,  section  1862. 

Elections,  ballot,  elector  delivering  other  than  one  received,  section  1862. 

Elections,  ballot  not  to  be  shown  or  examined,  section  1862. 

Elections,  ballot,  placing  identification  mark  on,  section  1862. 

Elections,  ballot,  receiving  from  other  than  clerk  of  election,  section  1862. 

Elections,  ballot,  receiving  by  person  other  than  election  board,  section  1862. 

Elections,  ballot,  removal  from  election  place  before  closing  polls,  section  1862. 

Elections,  ballots,  soliciting  elector  to  show,  section  1862. 

Elections,  cards  of  instruction,  defacing  or  tearing  down,  section  1860. 

Elections,  certificate  of  nomination  false,  filing  of,  section  1859. 

Elections,  certificate  of  nomination,  falsely  making,  section  1859. 

Elections,  certificate  of  nomination,  fraudulently  defacing  or  destroying,  section  1859. 

Elections,  certificate  of  nomination,  suppressing,  section  1859. 

Elections,  candidate  offering  appointment  as  inducement,  section  1829. 

Elections,  changing  ballot  after  same  has  been  deposited,  section  1826. 

Elections,  communicating  offer  of  appointment  by  candidate  as  inducement,  section  1829. 

Elections,  destroying  or  attempting  to  destroy  poll  list,  ballot  or  boxes,  section  1826. 

Elections,  elector  refusing  to  answer  lawful  questions  of  election  board  or  be  sworn,  sec- 
tion 1825. 

Elections,  false  swearing  before  registry  agent,  section  1719. 

Elections,  false  swearing,  unable  to  mark  ballot,  section  1859. 

Elections,  fraudulent  voting,  section  1826. 

Elections,  interfering  with  election  officers  to  prevent  lawful  action,  section  1826. 

Elections,  liquor,  selling  or  giving  away  on  election  day,  section  1830. 

Elections,  officer,  wilful  neglect  of  duty,  section  1861. 

Elections,  officer  of,  attempting  to  influence  votes,  section  2814. 

Elections,  officer  fraudulently  obtaining  or  attempting  to  obtain  information  of  ballot, 
section  1828. 

Elections,  officer  opening  folded  ballot  or  attempting  to  obtain  information  thereof, 
section  1828. 

Elections,  officers  failing  or  refusing  to  perform  duty,  section  1824. 

Elections,  person  not  entitled  to,  attempting  to  vote,  section  1827. 

Elections,  primary,  penal  provisions  of  general  election  laws  applicable  to,  section  1765. 


Sec.  62(M  CRIMES  AND  PUNISHMENTS  1800 

Elections,  primary,  misconduct  of  officer  in  filing  nomination  paper,  section  1765. 

Elections,  prompting  voter  upon  examination  for  identification,  section  1731. 

Elections,  registering  illegally,  section  1718. 

Elections,  returns,  counterfeiting  or  substituting  false  for  original,  section  1828. 

Elections,  secretary  of  state  or  election  officer,  fraudulent  or  corrupt  conduct  of,  sec- 
tion 2815. 

Elections,  secretary  of  state  or  election  officer,  wilful  neglect  of  duty,  section  2815. 

Elections,  supplies,  removing  or  destroying,  section  1860. 

Elections,  United  States  senator,  paying  or  promising  money  or  reward  in  aid  of  candi- 
dacy, section  1900. 

Elections,  voter,  asking  for  whom  he  intends  voting  within  100  feet  of  polls,  section  1862. 

Elections,  voting  or  attempting  to  vote  illegally,  section  1718. 

Embalming,  practicing  without  license,  section  4451. 

Embezzlement,  of  bank  funds,  section  648. 

Emblems,  illegal  use  or  wrongful  wearing  of,  section  2505. 

Employee,  hospital  fees,  unlawful  to  collect  in  certain  cases,  section  1943. 

Employee,  issuance  of  nonnegotiable  paper  to  for  wages,  section  1939. 

Escape  of  prisoner,  permitting,  section  1657. 

Excavations,  failure  to  protect,  section  3236. 

Explosives,  commissioners  failing  to  comply  with  act  relative  to  storage,  section  1947. 

False  statements,  relative  to  corporations,  section  1174. 

Foreign  building  and  loan  association  agent  doing  business  contrary  to  law,  section  1363. 

Foreign  building  and  loan  association,  soliciting  business  for  unlicensed,  section  1358. 

Foreign  corporations,  doing  business  without  authority,  section  1350. 

Foreign  corporations,  failure  to  file  annual  statement  with  assessor,  section  1353. 

Foreign  corporations,  failure  to  file  copy  of  charter  with  recorder,  section  1347. 

Fish,  catching  otherwise  than  by  hook  and  line,  section  2061. 

Fish,  closed  season,  selling  or  possession  during,  section  2060. 

Fish,  closed  season,  violation  of,  section  2058. 

Fish,  excessive  amount,  unlawful  to  ship,  section  2074. 

Fish,  ladders,  dam-owners  failing  to  provide,  section  2048. 

Fish,  ladders,  destruction  or  interference  with,  section  2049. 

Fish,  ladders,  fishing  within  100  feet  of,  sections  2049,  2066. 

Fish,  limit  of  catch,  violation  of,  section  2065. 

Fish,  night  fishing  unlawful,  section  2068. 

Fish,  pollution  of  streams,  section  2047. 

Fish,  private  hatchery  act,  violation  of,  section  2084. 

Fish,  selling  or  having,  caught  otherwise  than  by  hook  and  line,  section  2062. 

Fish,  transporting  or  offering  for,  for  sale  outside  of  state,  section  2051. 

Fish,  United  States  reclamation  dam,  fishing  within  one  mile  thereof,  section  2067. 

Fish,  undersized,  catching  or  having,  section  2063. 

Fish,  warden,  failure  to  aid  on  command,  section  2070. 

Fish  and  game,  license,  failure  to  procure,  section  2101. 

Fish  and  game,  license,  refusing  to  exhibit  or  transferring,  section  2108. 

Forestry,  cutting  timber  unlawfully,  sections  2114-2116. 

Forestry,  young  trees,  selling  or  offering  for  sale,  section  2118. 

Game  law,  violation  of,  sections  2085,  2097,  2100. 

Game,  transporting  or  receiving  for  transportation,  section  2113. 

Glove  contest  act,  violation  of,  section  3889. 

Goats,  permitting  to  run  at  large  in  towns  or  cities,  section  2330. 

Guideboards,  on  highways,  failure  to  erect,  defacing  or  destroying,  section  3028. 

Health,  quarantine,  failure  to  observe,  sections  2999,  3000. 

Health  officer,  neglect  of  duty,  section  2972. 

Highways,  driving  diseased  or  infected  animals  on,  sections  2266,  2268.- 

Highways,  guideboards,  defacing  or  destroying,  section  3208. 

Highways,  guideboards,  failure  to  erect,  section  3028. 

Highways,  obstruction  of,  section  3009. 

Hoisting  machinery,  operation  without  license,  section  3904. 

Horses,  false  certificate  of  sheriff,  section  2294. 

Horses,  furnishing  false  pedigree  of,  section  2287. 

Horses,  pedigree,  failure  to  keep  posted,  section  2288. 

Horses,  receiving  for  transportation  out  of  state  without  inspection,  sections  2289-2291. 

Horses,  removing  out  of  state  without  inspection,  section  2295. 

Horses,  shipping  out  of  state  without  inspection,  section  2290. 

Houses  of  prostitution,  within  800  yards  of  school,  section  3457. 

Illegitimate  child,  abandonment  or  neglect  of,  section  766. 

Insurance  company  doing  certain  business  without  authority,  section  1309. 

Insurance  company,  doing  business  after  certificate  revoked,  sections  1270,  1274. 

Insurance  company,  doing  business  without  a  license,  section  1280. 

Insurance  company,  failure  to  file  annual  statement,  doing  business  upon,  sections 
1327,  1328. 


1801  CRIMES  AND  PUNISHMENTS  Sec.  6266 

Insurance  company,  false  affidavit  relative  to  death  or  disability  deemed  perjury,  sec- 
tion i:U7. 

Insurance  company,  false  statement  to  annual  report,  perjury,  sections  1317,  1328. 

Insurance  company,  violation  of  act,  section  1283. 

Jailer,  failure  to  make  return  to  commissioners,  section   7»i<>7. 

Jailer,  permitting  escape,  section  1657. 

Justice  of  the  peace,  neglect  of  duty  relative  to  estrays,  sections  2277,  2271*. 

Justice  of  the  peace,  purchasing  judgment,  sections  2821. 

Labor,  eights  hours  for  top  men  of  underground  mine,  section  1941. 

Laborers,  false  advertising  or  deception  to  change  from  one  place  to  another,  section  1936. 

Labor,  public  works,  violation  of  act  concerning,  section  3482. 

License,  auctioneer  doing  business  without,  section  3895. 

License,  automobiles  for  rent,  running  without,  section  3878. 

License,  bogus,  possession  or  delivery  of,  section  3744. 

License,  doing  business  without,  section  :>7.'i~. 

License,  failure  to  deliver  on  receipt  of  payment,  section  -".744. 

License,  forfeited,  failure  of  officers  to  enforce,  section  3871. 

License,  insurance  company  doing  business  without,  section  1280. 

License,  itinerant   peddler  doing  business  without,  section  3895. 

License,  peddling  without,  section    .'!7:!">. 

License,  revoked,  doing  business  after,  section  3870. 

License,  state  liquor,  violation  of,  section  3784. 

License  and  bullion  tax  agent,  rrt'using  inspection  to,  sections  4243-4246. 

Liquors,  selling  or  giving  away  on  election  day,  section  1830. 

Marriage,  ceremony  by  unaut liori/ed  person,  Section  2348. 

Marriage,  certificate  of,  failure  to  deliver  or  record,  section  2346. 

Marriage,  false  certificate  of,  section  L'.">  17. 

Marriage,  legal  impediment,  when  known  exists,  section   •_'.".  lv 

Malfeasance  in  office,  mayor  and  councilmen,  section  808. 

Mayor  of  city,  malfeasance  in  ollice,  section  808. 

Medicine,  issuing  false  certificate  to  practice,  section  2373. 

Medicine,  practicing  without  license,  section  2371. 

Merchandise,  sale  of.  in  violation  of  bulk  act,  section  :U)10. 

Mines,  excessive    number    riding    in    ca^es,   section  4235. 

Mines,  inspector  act,  noncompliance  with,  section  4238. 
M  ines,  proceeds  of,  false  oath  concerning,  section  3690. 
Mines,  using  metal  tamping  bar  in,  section  4212. 
Mining,  district  recorder  violating  duty,  sections  2455,  2468,  2474. 

Mining    company,    failure    to    comply    with    act    requiring    annual    statements,    sections 
1336-1340. 

Mining  corporations,  failure  to  maintain  agent,  section  1218. 

Mine  owner,  refusing  inspection  of  books  to  license  and  bullion  tax  agent,  section  4246. 

M  inors,  selling  or  giving  cigarettes  or  papers  to,  sections  3874,  3875. 

Mortgage,  satisfaction  of,  false  affidavit,  section  3755. 

Municipal  indebtedness,  unlawful,  voting  for,  section  981. 

Municipal  officers,  refusing  inspection  of  finances,  section  983. 

Municipal  tax,  excessive,  voting  for,  section  97<>. 

Mutual  fire  insurance  company,  violation  of  act,  section  1295. 

Newspapers,  defacing  or  abstracting  from  recorder's  office,  section  1642. 

Notary  public,  wilful  violation  of  duty,  section  2756. 

Nuisance,  failure  to  abate,  section  1562. 

Officer,  granting  authority  to  perform  duties,  section  2822. 

Officer  of  revenue,  selling  or  dealing  in  scrip,  sections  2824,  2825. 

Optometry,  violation  of  act  concerning,  section  2896. 

Pauper,  bringing  into  state,  section  2928. 

Paupers,  bringing  or  leaving  in  county,  section  2925. 

Peddling  without  license,  section  3735. 

Perjury,  before  registry  agent,  section  1719. 

Perjury,  by  bank  officials,  section  660. 

Perjury,  false  affidavit  as  to  taxes,  or  satisfaction  of  mortgage,  section  3755. 

Perjury,  false  affidavit  of  loss  of  receipts  received  from  controller,  section  4187. 

Perjury,  false  oath  as  to  proceeds  of  mines,  section  3690. 

Perjury,  false  oath  by  official  of  public  utility,  section  4513. 

Perjury,  false  oath  or  affirmation  before  board  of  pardons,  section  7627. 

Perjury,  false  oath  or  list  of  taxable  property,  section  3630. 

Perjury,  false  statement  to  amend  report  of  insurance  company,  section  1328. 

Perjury,  false  affidavit  to  insurance  company  relative  to  death  or  disability,  section  1317. 

Physician,  failing  to  issue  death  certificate,  section  2972. 

Physician,  false  impersonation  of,  section  2372. 

Physician,  issuing  false  death  certificate,  section  2972. 

Prisoners,  inhumanity  to,  section  2818. 


Sec.  6266  CRIMES  AND  PUNISHMENTS  1802 

Public  administrator,  misdemeanor  in  office,  section  1621. 

Public  works,  labor  on,  violation  of  act  regulating,  section  3482. 

Pure  food  and  drug  act,  adulteration  of  foods,  drugs  or  liquors,  section  3486. 

Pure  food  and  drug  act,  misbranding  of  foods,  drugs  or  liquors,  section  3486. 

Pure  food  and  drug  act,  refusing  information  to  agent,  section  3502. 

Pure  food  and  drug  act,  refusing  to  sell  samples,  section  3502. 

Pure  food  and  drug  act,  violation  of  general  provisions,  section  3508. 

Pharmacy,  adulteration  of  drugs,  section  4511. 

Pharmacy,  compounding  drugs  without  license,  section  4513. 

Pharmacy,  poisons,  retailing  without  label,  section  4512. 

Pharmacy,  presenting  fraudulent  diploma  of,  section  4500. 

Pharmacy,  practicing  without  license,  section  4509. 

Poll  tax,  issuing  fraudulent  receipt  for,  sections  3714-3717. 

Public  utility,  books,  failure  to  produce,  section  4529. 

Public  utility,  books  and  papers,  witness  refusing  to  exhibit,  section  4537. 

Public  utility,  failure  to  report  to  commission,  section  4522. 

Public  utility,  false  oath  by.  official,  section  4513. 

Public  utility,  violation  of  general  provisions,  section  4542. 

Quarantine,  failure  to  observe,  sections  2999,  3000. 

Railroads,  confining  stock  over  thirty-six  hours,  sections  3572,  3585. 

Eailroads,  excavating  under,  section  3565. 

Railroads,  failure  to  give  notice  of  live  stock  killed,  section  3600. 

Railroads,  failure  to  make  returns  or  exhibit  books  and  papers,  section  4575. 

Railroads,  failure  to  ring  bell  at  crossing,  section  3552. 

Railroads,  full  crew  act,  violation  of,  sections  3591,  3594. 

Railroads,  general  penal  provisions  concerning,  section  4576. 

Railroads,  general  provisions,  violation  of,  section  3581. 

Railroads,  granting  rebates,  drawbacks,  etc.,  section  3581. 

Railroads,  sheep,  transporting  without  health  certificate,  section  2309. 

Railroads,  injury  to  property  of,  section  3565. 

Railroads,  intoxication  of  engineer  or  conductor,  section  3564. 

Railroads,  officer  making  false  report,  section  3567. 

Railroads,  passes,  issuance  or  acceptance  of,  section  4573. 

Railroads,  rebates,  discrimination,  false  devices  by,  sections  4570-4572. 

Railroads,  telegraph  operators  working  over  eight  hours,  section  3597. 

Recorder's  office,  newspapers,  abstracting  or  defacing,  section  1642. 

Records,  refusal  to  deliver  to  proper  custodian,  section  2819. 

Records,  stealing,  altering  or  defacing,  section  2817. 

Registry  agent,  refusal  to  perform  duties,  sections  1712,  1719. 

Revenue  and  taxes,  assessor  failing  to  assess  as  directed  by  state  board,  section  2809. 

Revenue  and  taxes,  assessor,  misdemeanor  in  office,  section  3681. 

Revenue  and  taxes,  district  attorney  failing  to  account,  section  3676. 

Revenue  and  taxes,  stock  evading  or  attempting  to  evade  tax  on,  section  3856. 

Revenue  and  taxes,  false  affidavit  as  to,  section  3755. 

Revenue  and  taxes,  false  oath  or  list  of  property,  section  3630. 

Revenue  and  taxes,  mine  owner  refusing  access  to  books,  sections  3691,  3694. 

Revenue  and  taxes,  officers  violating  official  duty,  section  3751. 

Revenue  and  taxes,  poll  taxes,  assessor  failing  to  make  return  of,  section  3726. 

Revenue  and  taxes,  poll-tax  receipt,  issuing  fraudulent,  sections  3414—3417. 

Revenue  and  taxes,  proceeds  of  mines,  false  oath  concerning,  section  3690. 

Revenue  and  taxes,  refusing  information  relative  to  poll  tax,  section  3720. 

Revenue  and  taxes,  refusing  statement  to  assessor,  section  3624. 

Revenue  and  taxes,  stock  herding  or  grazing  without  certificate,  sections  3857,  3858. 

Revenue  and  taxes,  transient  stock,  revenue  officers  neglecting,  section  3859. 

Revenue  officers,  negligence  relative  to  transient  stock,  section  3859. 

Salaried  officers,  neglect  to  pay  over  fees,  section  1698. 

School  books,  overcharge  for,  section  3412. 

Schools,  distributing  of,  section  3453. 

Schools,  false  statement  of  age  or  attendance  of  pupil,  section  3450. 

Schools,  election  law,  violation  of,  sections  3294,  3296. 

Schools,  houses  of  prostitution  located  within  eight  hundred  yards  of,  section  3457. 

Schools,  interfering  with  pupils,  section  3452. 

Schools,  property  of,  injuring  or  defacing,  section  3455. 

Schools,  supply  act,  violation  of,  section  3472. 

Schools,  truancy,  encouraging  of,  section  3449. 

Schools,  truancy,  parent  failing  to  prevent,  section  3435. 

Sheep,  bringing  into  state  without  inspection,  sections  2300,  2301. 

Sheep,  herder  refusing  information  to  inspector,  section  2306. 

Sheep,  herding  or  grazing  within  three  miles  of  town  or  village,  sections  2317,  2318. 


1803  CRIMES  AND  PUNISHMENTS  Sec.  6266 

Sheep,  infected,  exposing  or  permitting  to  run  at  large,  section  2310. 

Sheep,  infected,  failure  to  dip,  section  23H:.1. 

Sheep,  inspector  permitting  removal  without  examination,  section  2304. 

Sheep,  owner  failing  to  report  infected  to  inspector,  section  2305. 

Sheep,  permitting  to  run  at  large  in  towns  or  cities,  section  2330. 

Sheep,  railroads  transporting  without  health  certificate,  section  2309. 

Sheep,  removing  from  county  to  county  without  traveling  permit,  section  2308. 

Sheep,  inspection  act,  violation  of,  section  4602. 

Sheriff,  failure  to  enforce  itinerant  peddler  act,  section  3895. 

Sheriff,  false  certificate  relative  to  horses  shipped  out  of  state,  section  2394. 

Sheriff,  illegal  fees,  charging  of,  section  1654. 

Sheriff,  permitting  escape,  section  1657. 

State  and  county  indebtedness,  purchase  of  by  officials,  section  2825. 

State  board  of  examiners,  failure  to  order  examination  of  accounts,  sections  2858,  2859. 

State  library,  injury  to  property  of,  section  3950. 

State  library,  books,  failure  to  return,  section  3950. 

State  liquor  license,  violation  of  act  concerning,  section  3784. 

State  militia,  encampment,  failure  to  attend.  section  4038. 

State  militia,  insulting  officers  or  members,  section  4083. 

State  militia,  obstructing,  section  40M'. 

State  militia,  property  of.  unlawful  retention,  sections  4025,  4035,  4052. 

State  police,  absence  without  leave,  section  4286. 

State  police,  falsely  impersonating  or  wearing  badge  of,  section  4291. 

State  police,  molestation  of  in  discharge  of  duty,  section  4291. 

State  police,  refusal  to  aid  on  command,  section  4290. 

State  veterinarian,  violation  of  act   concerning,  section  4388. 

Stationary  engine,  operating  without  license,  section  3904. 

Stock,  branding  in  same  jdace  as  previous  brand,  section  2247. 

Stock,  confinement  on  railroads  over  thirty-six  hours,  sections  3572,  3585. 

Stock,  driving  diseased  or  infected  animal  on  public  highway,  sections  2266,  2268. 

Stock,  driving  or  attempting  to  drive  out  of  state  to  evade  tax,  section  3856. 

Stock,  dying  of  contagious  disease,  failure  to  burn,  sections  2272,  2273. 

Stock,  estrays,  failure  to  give  notice  of,  sections  2274,  227!». 

Stock,  herding  or  grazing  without  revenue  certificate,  sections  3857,  3858. 

Stock,  marking  by  removing  more  than  one-half  of  ear,  section  2240. 

Stock,  mismarking  or  misbranding  not  one's  own,  section  2242. 

Stock, permitting  to  run  at  large  in  towns  or  cities,  sections  2263,  2265. 

Stock,  recording  similar  brand  to  one  already  recorded,  section  2248. 

Stock,  quarantine,  violation  of,  section  2271. 

Streams,  pollution  of,  section  2047. 

Swine,  permitting  to  run  at  large  in  towns  or  cities,  section  2330. 

Telegraph  message,  altering  or  divulging,  section  4603. 

Telegraph,  bribery  of  operator,  officer  or  employee,  section  4609. 

Telegraph,  company's  private  mark  or  design,  unlawful  use  of,  section  4619. 

Telegraph  message,  transmitting  false  or  forged,  section  4604. 

Telegraph,  injury  to  or  obstruction  of  line,  section  4610. 

Telegraph  message,  larceny  of,  section  4608. 

Telegraph,  officer  or  employee  using  information  obtained,  section  4605. 

Telegraph  message,  opening  unlawfully,  section  4607. 

Telegraph,  operators  for  railroads  working  over  eight  hours,  section  3597. 

Telegraph  message,  sending  out  of  order  or  unreasonably  delaying,  section  4606. 

Timber,  cutting  unlawfully,  sections  2114-2116. 

Timber,  young  trees,  selling  or  offering  for  sale,  section  2118. 

Towns  and  cities,  officer  failing  to  enforce  act  relative  to  stock  running  at  large,  sec- 
tion 2265. 

Trade  mark,  counterfeiting  of,  section  4637. 

Underground  mine,  eight-hour  day  for  top  men,  section  1941. 

Underground  mine,  surface  employees,  sections  1941,  1942. 

Union  label,  counterfeiting  of,  section  4637. 

United  States  senator,  paying  or  promising  money  or  reward  in  aid  of  candidacy  for, 
section  1900. 

Water,  claimant  failing  to  make  statement  to  state  engineer  within  ninety  days,  sec- 
tion 4687. 

Water,  pollution  of  streams,  section  4720. 

Water,  resisting  or  interfering  with  state  engineer  or  water  officers,  section  4704. 

Water,  users  of,  failing  to  install  head  gate  or  weir,  section  4709. 

Water,  waste,  unlawful  diversion  of,  section  4722. 

Weights  and  measures  act,  obstructing  sealer  or  deputy,  section  4817. 

Weights  and  measures  act,  sealer  or  deputy,  neglect  of  duty,  section  4819. 

Weights  and  measures  act,  violation  of,  section  4812. 


Sec.  6266  CRIMES  AND  PUNISHMENTS  1804 

An  Act  concerning  crimes  and  punishments,  and  repealing  certain  acts 

relating  thereto. 

Approved  March  17,  1911;  effective  January  1,  1912 

Chapter    1 — Classification  of  crimes,  section  6266. 

Chapter    2 — Persons  liable  to  punishment,  sections  6267-6272. 

Chapter    3 — Parties  to  crimes,  sections  6273-6276. 

Chapter    4 — Rights  and  privileges  of  defendants,  sections  6277-6282. 

Chapter    5 — Punishments  for  offenses  not  otherwise  fixed,  sections  6283-6289. 

Chapter    6 — Convictions  for  attempts  and  lesser  degrees,  sections  6290,  6291. 

Chapter    7 — Habitual  criminals — Prevention  of  procreation,  sections  6292,  6293. 

Chapter  8 — Definitions — Construction — Impeachments — Common  law — Contempts — Mis- 
cellaneous, sections  6294-6302. 

Chapter  9 — Imprisonment  on  more  than  one  conviction — Acts  punishable  under  foreign 
law — Contempts  punishable  as  crimes — Sending  letter,  when  complete,  and  venue,  sections 
6303-6307. 

Chapter  10 — Crimes  against  the  sovereignty  of  the  state,  sections  6308-6310. 

Chapter  11 — Crimes  by  or  against  public  officers — Jurors — Witnesses — Records,  sections 
6311-6349. 

Chapter  12 — Crimes  and  offenses  against  public  justice,  sections  6350-6378. 

Chapter  13 — Crimes  against  the  person,  sections  6379-6441. 

Chapter  14 — Crimes  against  morality  and  decency,  sections  6442-6528. 

Chapter  15 — Crimes  against  public  health,  sections  6529-6560. 

Chapter  16 — Crimes  against  public  safety,  sections  6561-6591. 

Chapter  17 — Crimes  against  public  peace,  sections  6592-6618. 

Chapter  18 — Vagrancy,  sections  6619-6623. 

Chapter  19 — Arson — Forest  and  negligent  fires,  sections  6624-6633. 

Chapter  20 — Burglary,  sections  6634-6637. 

Chapter  21 — Larceny — Altering  brands — Driving  away  animals,  sections  6638-6652. 

Chapter  22 — Embezzlement — Retention  or  payment  of  public  money,  sections  6653-6662. 

Chapter  23 — Forgery  and  counterfeiting,  sections  6663-6694. 

Chapter  24 — Fraudulent  and  kindred  crimes,  sections  6695-6740. 

Chapter  25 — Miscellaneous  crimes  against  property,  sections  6741-6777. 

Chapter  26 — Crimes  by  or  against  employer  or  employee,  sections  6778-6801. 

Chapter  27 — Corrupting  electors — Wrongful  exercise  of  power — Obstructing  officer — 
Oppression  under  color  of  office — Vending  without  license — Killing  birds — Cruelty  to  ani- 
mals— Offenses  by  imprisoned  persons — Extortion — Employment  of  children — Common-law 
and  miscellaneous  crimes,  sections  6802-6830. 

Chapter  28 — On  repeal,  sections  6831-6834. 

CHAPTER  1 

6266.  Classification  of  crimes. 

SECTION  1.  A  crime  is  an  act  or  omission  forbidden  by  law  and  punish- 
able upon  conviction  by  death,  imprisonment,  fine  or  other  penal  discipline. 
Every  crime  which  may  be  punished  by  death  or  by  imprisonment  in  the 
state  prison  is  a  felony.  Every  crime  punishable  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  by  imprisonment  in  a  county  jail  for  not  more 
than  six  months,  is  a  misdemeanor.  Every  other  crime  is  a  gross  mis- 
demeanor. 

The  act  supplementary  to  an  act  entitled  title,  express  the  subject  embraced  therein  as 
"An  act  concerning  crimes  and  punishments,  required  by  Const.,  sec.  275,  ante.  State  v. 
approved  November  26,  1861,"  does,  in  its  Davis,  14  Nev.  439,  442  (33  A.  E.  563). 

CHAPTER  2 
PERSONS  LIABLE  TO  PUNISHMENT 

6267.  Persons  punishable.  <i269.  AVho  considered  of  sound  mind. 

6268.  Persons  capable  of  committing  crime —       G270.  Indians  amenable  to  criminal  law. 

Exceptions.  6271.  Must  be  union  of  act  and  intention. 

6272,  Intent,  how  manifested. 


1805  CRIMES  AND  PUNISHMENTS  Sec.  6269 

6267.    Persons  punishable. 

SEC.  2.  The  following  persons,  except  as  provided  in  the  next  section, 
are  liable  to  punishment : 

1.  A  person  who  commits  in  the  state  any  crime,  in  whole  or  in  part. 

2.  A  person  who  commits  out  of  the  state  any  act  which,  if  committed 
within  it,  would  be  larceny,  and  is  afterwards  found  in  the  state  with  any  of 
the  stolen  property. 

3.  A  person  who,  being  out  of  the  state,  counsels,  causes,  procures,  aids 
or  abets  another  to  commit  a  crime  in  this  state. 

4.  A  person  who,  being  out  of  the  state,  abducts  or  kidnaps,  by  force  or 
fraud,  any  person,  contrary  to  the  laws  of  the  place  where  the  act  is  com- 
mitted, and  brings,  sends  or  conveys  such  person  into  this  state. 

5.  A  person  who  commits  an  act  without  the  state  which  affects  persons 
or  property  within  the  state,  or  the  public  health,  morals  or  decency  of  the 
state,  which,  if  committed  within  the  state,  would  be  a  crime. 

(>*2(>8.    All  persons  capable  of  committing  crime,  except  following. 

SEC.  3.  All  persons  are  liable  to  punishment  except  those  belonging  to 
the  following  classes : 

1.  Children  under  the  age  of  eight  years ; 

2.  Children  between  the  ages  of  eight  years  and  fourteen  years,  in  the 
absence  of  clear  proof  that  at  the  time  of  committing  the  act  charged 
against  them  they  knew  its  wrongf ulness ; 

3.  Idiots; 

4.  Lunatics  and  insane  persons ; 

5.  Persons  who  committed  the  act  or  made  the  omission  charged  under 
an  ignorance  or  mistake  of  fact,  which  disproves  any  criminal  intent,  where 
a  specific  intent  is  required  to  constitute  the  offense. 

6.  Persons   who   committed   the   act   charged   without  being   conscious 
thereof. 

7.  Persons  who  committed  the  act  or  made  the  omission  charged,  through 
misfortune  or  by  accident,  when  it  appears  that  there  was  no  evil  design, 
intention,  or  culpable  negligence ; 

8.  Married  women,  unless  the  crime  be  punishable  with  death,  acting 
under  the  threats,  command,  or  coercion  of  their  husbands;    provided,  it 
appear,  from  all  the  facts  and  circumstances  of  the  case,  that  violent 
threats,  command,  or  coercion  were  used; 

9.  Persons,  unless  the  crime  be  punishable  with  death,  who  committed 
the  act  or  made  the  omission  charged  under  threats  or  menaces  sufficient 
to  show  that  they  had  reasonable  cause  to  believe,  and  did  believe,  their 
lives  would  be  endangered  if  they  refused,  or  that  they  would  suffer  great 
bodily  harm. 

Proceedings  against  defendants  over  18  and  under  21  years  of  age,  see  sec.  737. 

6269.    Who  considered  of  sound  mind. 

SEC.  4.  A  person  shall  be  considered  of  sound  mind  who  is  neither  an 
idiot  or  lunatic,  or  affected  with  insanity,  and  who  has  arrived  at  the  age  of 
fourteen  years,  or  before  that  age,  if  such  person  knew  the  distinction 
between  good  and  evil. 

Opinion   of   witnesses,   not   experts,   as   to  jury  is  as  to  defendant's  sanity  or  insanity, 

the  sanity  of  a   defendant  is  admissible  in  at  the  time  of  the  homicide.    "Testimony  as 

evidence  if  the  witnesses  have  had  sufficient  to  condition  of  mind  at  times  previous  and 

observation  to  enable  them  to  form  a  belief  subsequent  thereto  is  admissible  solely  upon 

upon  the  question,  without  giving  in  detail  the  ground  that  it  tends  to  show  the  mental 

the    facts    upon    which    their    opinions    are  condition     at   .the    time     of    the    homicide, 

based.     State  v.  Lewis,  20  Nev.  333  (22  P.  Idem. 

A  person  who  had  known  accused  for  four 

The  real  question  to  be  determined  by  the  months,  had  seen  him  every  day  during  that 

114 


See.  6270 


CRIMES  AND  PUNISHMENTS 


1806 


time,  had  sat  at  the  same  table  and. eaten 
Avith  him  once  or  twice,  had  observed  his 
iii.-i  iiner  of  speech  and  conversation,  had  seen 
him  in  the  evening  and  night  before  the 
in  iniride,  and  had  considerable  conversation 
with  him  on  the  day  after,  is  a  competent 
witness  as  to  sanity  of  accused.  Idem. 

The  instructions  of  the  court  to  the  effect 
that  if  the  defendant  has  capacity  and 
reason  sufficient  to  enable  him  to  distinguish 
right  from  wrong  as  to  the  particular  act 
in  question  and  has  knowledge  and  con- 
sciousness that  the  act  he  is  doing  is  wrong 
and  will  deserve  punishment,  he  is,  in  the 
eye  of  the  law,  of  sound  mind  and  memory, 
and  should  be. held  responsible  for  his  acts. 
Held,  correct.  Idem. 

The    court    instructed    the    jury    that    the 


is  an  affirmative  proposition,  and  the  burden 
of  proving  it  is  upon  the  defense."  Held, 
correct.  Idem. 

Insanity  as  a  defense  to  crime  must  be 
established  by  a  preponderance  of  evidence. 
Idem. 

The  court  instructed  the  jury  that  "an 
insane  delusion  is  an  incorrigible  belief,  not 
the  result  of  reasoning,  in  the  existence  of 
facts  which  are  either  impossible  absolutely 
or  are  impossible  under  the  circumstances  of 
the  individual,"  etc.  Held,  correct.  Idem. 

The  court  instructed  the  jury  that  "when 
the  person  labors  under  a  partial  delusion 
only,  and  is  not  in  other  respects  insane — 
that  is,  not  insane  upon  all  subjects — he 
must  be  considered  in  the  same  situation  as 
to  responsibility  as  if  the  facts,  with  regard 


defendant  "is  presumed  to  be  sane  until  the  to  which  the  delusion  exists,  were  real." 
contrary  is  shown,  and  a  doubt  upon  this  Held,  correct.  Idem. 

question  alone  should  not  acquit,  for  insanity  See   State  v.   Petty,   32   Nev.   384(108   P. 

934);  State  v.  Casey,  33  Nev.—  (117  P.  5). 

6270.    Indians  amenable  to  criminal  law. 

SEC.  5.  All  the  laws  of  this  state  concerning  crimes  and  punishments,  or 
applicable  thereto,  are  extended  to  and  over  all  Indians  in  this ,  state, 
whether  such  Indians  be  on  or  off  an  Indian  reservation,  and  all  of  said  laws 
are  hereby  declared  to  be  applicable  to  all  crimes  committed  by  Indians 
within  this  state,  whether  committed  on  or  off  an  Indian  reservation,  save 
and  except  an  offense  committed  upon  an  Indian  reservation  by  one  Indian 
against  the  person  or  property  of  another  Indian. 

An  Indian  on  trial  for  crime  is  subject  to  That    a    homicide    occurred    at    a    house 

the  same  laws  as  govern  in  the  case  of  a  about  a  quarter  of  a  mile  from  an  Indian 
white  man.  State  v.  Johnny,  29  Nev.  203  day  school  is  insufficient  to  show  that  it 
(87  P.  3). 

It  is  not  necessary  for  the  indictment 
against  one  Indian  for  an  offense  against 
another  to  charge,  or  that  the  state  prove, 
that  the  offense  was  committed  off  a  reserva- 
tion, since  it  is  not  necessary  that  a  state 
prosecution  negative  the  federal  jurisdiction, 
nor  for  the  state  to  prove  more  than  that 
the  offense  was  committed  within  the  county. 


State  v.  Buckaroo  Jack,  30  Nev.  326  (96  P. 

497). 


occurred  on  a  reservation.     Idem. 

The  burden  is  on  an 'Indian,  accused  by 
the  state  of  an  offense  against  another 
Indian,  to  show  that  the  offense  was  com- 
mitted on  a  reservation,  so  as  to  give  the 
federal  courts  exclusive  jurisdiction,  under 
the  above  section  and  the  act  of  Congress 
(23  Stats.  IT.  S.  385,  sec.  9),  excepting  in 
cases  where  judicial  notice  will  be  taken  of 
the  existence  of  the  reservation.  Idem. 

See  State  v.  McKinney,  18  Nev.  182  (2  P. 


171). 

6271.    Must  be  union  of  act  and  intention. 

SEC.  6.    In  every  crime  or  public  offense,  there  must  exist  a  union  or  joint 
operation  of  act  and  intention,  or  criminal  negligence. 

It  is  the  character  of  the  weapon  and  the  from  his  sworn  statement  as  a  witness, 
manner  in  which  it  is  used  (not  the  purpose 
for  which  it  is  carried),  taken  in  connection 
with  the  facts  and  circumstances  of  the 
assault,  that  indicates  the  intention  of  the 
defendant.  State  v.  Davis,  14  Nev.  407. 

The   defendant   in   a   criminal   case   has   a 


right  to  have  the  jury  consider  declarations 


State  v.  Maynard,  19  Nev.  285  (9  P.  514). 

See  State  v.  Ward,  19  Nev.  297  (10  P.  133). 

An  intent  to  murder  cannot  be  conclu- 
sively inferred  from  the  mere  use  of  a 
deadly  weapon;  and  an  instruction  to  the 
jury  to  that  effect  in  a  murder  trial,  is 
error.  When  a  deadly  weapon  is  used  in  a 


in  his  favor  made  by  him  at  the  trial,  when       manner  likely  to  produce  death,  and  death 

results,  the  presumptions  are  that  the  person1 
used  it  intending  to  kill,  and  that  such 
intent  is  a  malicious  one,  but  neither  pre- 
sumption is  conclusive.  An  intent  to  take 
.life  is  an  essential  element  in  the  commis- 
sion of  a  murder  in  the  first  degree,  except 
where  it  is  committed  in  the  perpetration 
or  attempt  to  perpetrate  arson,  rape,  rob- 


a  witness,  in  connection  with  his  actions  and 
words  at  the  time  of  the  commission  of 
the  alleged  offense.  It  cannot  be  said  as  a 
fact  in  every  case,  or  as  a  rule  of  law  in 
any,  that  if  a  defendant's  actions,  when 
considered  by  themselves  alone,  are  incon- 
sistent with  the  declared  intent,  it  is  safer 
to  draw  a  conclusion  from  his  actions  than 


1807 


CRIMES  AND  PUNISHMENTS 


Sec.  6274 


l>ew  or  burglary.     State  v.  Newton,  4  Nev. 
410. 

State  v.  Marks,  15  Nev.  33. 
Where  a  specific  intent  is  required  by 
statute  to  constitute  a  crime,  such  specific 
intent  enters  into  the  nature  of  the  act 
itself. and  must  be  alleged  and  proved  beyond 
;i  reasonable  doubt.  When  the  statute  for- 
J.iiU  tlu1  doing  of  a  certain  thing  and  is 
silent  concerning  the  intent  with  which  it 
in  .lime,  a  person  who  does  the  forbidden 


the  accused  was  justified  or  excused  in  com- 
mitting the  assault.  State  v.  Marks,  15 
Nev.  33. 

The  wrongful  intent  being  a  necessary 
ingredient  of  the  crime  of  receiving  stolen 
goods,  such  intent  must  exist  at  the  time 
ot'  tin'  huviny  or  receiving  of  such  stolen 
goods.  State  v.  Pray,  30  Nev.  206  (94  P. 
218). 

Where  a  specific  intent  is  a  material  ele- 
ment of  an  offense,  it  need  not  be  proved 


act  is  not  guiltless  because  he  has  no  wrong-        by  positive  and  direct  evidence,  but  may  be 


ful  intent  beyond  that  which  is  involved  in 
the  doing  of  the  prohibited  act.  (State  v. 
(lanlner.  •"»  Xe\ .  .".77,  overruled).  State  v. 
ZirhfieM,  I'.1!  Nev.  304,  94  P.  221,  62  A.  S. 
sun.  :\4  L.  U.  A.  784. 

To  constitute  the  crime,  of  burglary,  it  is 
just  as  essential  to  prove  the  intent  as  it  is 
to  prove  the  entrv.  State  v.  Cowell,  12  Nev. 
State  v.  Ryan,  12  Nev.  401. 

Where  the  assault  is   made  in   a   manner 


inferred  from  the  conduct  of  the  parties  and 
other  facts  and  circumstances  disclosed  by 
the  evidence.  State  v.  Thompson,  31  Nev. 
209  (101  P.  557). 

In  a  prosecution  for  extortion,  evidence  of 
similar  offense  committed  about  ttie  same 
time  is  admissible  to  show  intent.  State  v. 
Vertrees,  33  Nev.—  (112  P.  42). 

In  a  prosecution  for  escape,  evidence  to 
establish  the  acts  of  accused  in  making  the 


calculated  to  produce  death,  the  law  pre-  attempt.'. 1  escape  as  charged  in  the  indict- 
ment are  admissible  to  prove  his  criminal 
intent,  as  the  logical  deduction  is  that  a 
person  intended  to  do  what  he  did.  State 
v  Clarke,  32  Nev.  145  (104  P.  593). 

The  crime  of  assault  with  intent  to  kill 
consists  of  two  essential  elements,  the  act 
of  the  assaulter,  and  the  intent;  and  to  con- 
vict one  of  this  crime  it  is  necessary  that  the 
intent  to  kill  must  be  alleged  and  proved 
beyond  a  reasonable  doubt.  State  v.  Rod- 
riguez, 31  Nev.  342  (102  P.  863). 


an  intent  to  kill,  and  the  burden  of 
showing  facts  in  justification  or  mitigation 
arc  thrown  upon  the  defendant.  Where  an 
act  in  itself  indifferent  becomes  criminal  if 
done  with  a  particular  intent,  then  the 
intent  must  lie  proved  and  found;  but  where 

t  is  in  itself  unlawful,  the  proof  of 
justification  or  excuse  lies  on  the  defendant; 
ami.  in  failure  thereof,  the  law  implies  a 
criminal  intent  unless  the  proof  on  the  part 
of  the  prosecution  sufficiently  manifests  that 


6272.  [ntent,  how  manifested. 

SEC.  7.  Intention  is  manifested  by  the  circumstances  connected  with  the 
perpetration  of  the  offense,  and  the  sound  mind  and  discretion  of  the 
person  accused. 

An  intent  with  which  a  person  charged  determined  from  the  evidence  in  the  particu- 
with  emt>e//lement  appropriates  property  lar  case.  State  v.  Trolson,  21  Nev.  419  (32 
to  his  own  use,  is  a  question  of  fact  to  be  P.  930). 

CHAPTER  3 
PARTIES  TO  CRIMES 

<'>-!7.').  Classified  as  principals  and  accessories;       6275.  Accessory  defined. 

<)i274.  Principal  defined.  <iL'7().  Trial  and  punishment  of  accessories. 

6273.  Classified  as  principals  and  accessories. 

SEC.  8.    Parties  to  crimes  are  classified  as : 

1.  Principals;   and, 

2.  Accessories. 

A  feigned  accomplice  may  not  be  an  accessory.  State  v.  Douglas,  26  Nev.  196  (99  A.  S. 
688,  »>o  P.  802);  State  v.  Smith,  33  Nev.-  (117  P.  19). 

6274.  Principal  defined. 

SEC.  9.  Every  person  concerned  in  the  commission  of  a  felony,  gross 
misdemeanor  or  misdemeanor,  whether  he  directly  commits  the  act  con- 
stituting the  offense,  or  aids  or  abets  in  its  commission,  and  whether  pres- 
ent or  absent ;  and  every  person  who  directly  or  indirectly  counsels,  encour- 
ages, hires,  commands,  induces  or  otherwise  procures  another  to  commit 
a  felony,  gross  misdemeanor  or  misdemeanor,  is  a  principal,  and  shall  be 
proceeded  against  and  punished  as  such.  The  fact  that  the  person  aided, 
abetted,  counseled,  encouraged,  hired,  commanded,  induced  or  procured, 


Sec.  6275 


CRIMES  AND  PUNISHMENTS 


1808 


could  not  or  did  not  entertain  a  criminal  intent,  shall  not  be  a  defense  to  any 
person  aiding,  abetting,  counseling,  encouraging,  hiring,  commanding, 
inducing,  or  procuring  him. 

See  sees.  7071,  7180. 

An  accessory  before  the  fact  to  a  crime, 
though  not  present  and  in  fact  out  of  the 
state  at  its  commission,  may  be  proceeded 
against  in  all  respects  as  a  principal.  State 
v.  Chapman,  6  Nev.  320. 

See,  also,  State  v.  Hamilton,  13  Nev.  386. 

Where  a  question  is  presented  as  to  the 
sufficiency  of  the  evidence  to  corroborate 
that  of  an  accomplice,  the  question  is  one  as 
to  the  character  of  the  evidence,  and  not 
as  to  its  weight.  State  v.  Chapman,  6  Nev. 
320. 

It  is  not  essential  to  the  conviction  of  an 
accessory  to  first  prove  the  guilt  of  the 
principal;  it  is  only  necessary  to  show  that 
a  crime  has  been  'committed  and  that  the 
defendant  aided  and  assisted  or  advised  or 
encouraged  it.  State  v.  Jones,  7  Nev.  408. 

Proof  of  the  possession  of  the  subject  of 
a  larceny  is  sufficient  to  corroborate  the 
direct  testimony  of  an  accomplice.  Where 
several  confederates  act  in  pursuance  of  a 
common  plan  in  the  commission  of  an  offense, 
all  are  held  to  be  present  where  the  offense 
is  committed  and  all  are  principals.  State 
v.  Hamilton,  13  Nev.  386. 

Evidence  that  the  defendant  came  with 
the  robbers,  left  when  they  left,  was  present 
at  the  robbery  and  apparently  acquiesced 
therein,  held  sufficient  to  justify  a  convic- 
tion. State  v.  O'Keefe,  23  Nev.'  127  (62  A. 
S.  768.  43  P.  918). 

An  accomplice  is  not  incompetent  to  give 


dence  tended  to  show  that  the  wife  was 
an  accessory  before  the  fact,  acts  and  decla- 
rations made  by  her  in  the  consummation  of 
the  wrongful  act  are  admissible  against  the 
husband.  State  v.  Vertrees,  33  Nev. —  (112 
P.  42). 

In  a  prosecution  for  larceny  of  ore. 
statements  of  an  accomplice  relating  in  part 
to  the  taking  of  the  ore  and  its  division 
according  to  agreement  were  admissible  in 
evidence.  A  statement  of  an  accomplice 
who  conspired  with  accused  to  steal  ore  that 
he  had  made  thousands  of  dollars  for  accuse! 
was  inadmissible,  it  not  appearing  that  the 
statement  related  to  the  conspiracy.  A 
statement  made  by  a  conspirator  after  the 
conspiracy  is  ended  is  not  admissible  against 
a  conspirator.  State  v.  Smith,  33  Nev.  — 
(117  P.  19) ;  State  v.  Johnson,  16  Nev.  36. 

See  Ex  Parte  Smith,  34  Nev. —  (Ill  P. 
131,  938);  State  v.  Mangana,  34  Nev.  - 
(112  P.  698). 

A  statement  made  by  one  defendant,  upon 
his  preliminary  examination,  tending  To 
exculpate  himself  and  inculpate  his  code- 
fendaut,  is  inadmissible  against  any  one  but 
himself.  State  v.  Soule,  14  Nev.  453. 

After  the  death  of  the  deceased,  each  of 
the  defendants  made  statements  in  regard 
to  the  homicide,  exculpating  himself,  and 
imputing  the  crime  to  the  other.  These 
statements  were  offered  by  the  prosecution, 
and  admitted  by  the  court,  to  be  considered 
by  the  jury  as  evidence  only  against  the 
party  making  them:  Held,  that  the  rr- 
ive  statements  were  admissible  for  that  pur- 
pose; that  the  prejudice  resulting  to  the 
defendants,  from  their  mutual  recrimina- 
tions, was  an  unavoidable  evil,  necessarily 
incident  to  their  joint  trial.  State  v. 
McLane,  15  Nev.  345. 

The  evidence  to  corroborate  the  testimony 
of  an  accomplice  is  sufficient  if  it  tends  to 
connect  the  defendant  with  the  commit  ion 
of  the  offense.  State  v.  Lewis,  20  Nev.  333 
(22  P.  241). 

6275.  Accessory  defined. 

SEC.  10.  Every  person  not  standing  in  the  relation  of  husband  or  wife, 
brother  or  sister,  parent  or  grandparent,  child  or  grandchild,  to  the 
offender,  who  after  the  commission  of  a  felony  shall  harbor,  conceal  or  aid 
such  offender  with  intent  that  he  may  avoid  or  escape  from  arrest,  trial, 
conviction  or  punishment,  having  knowledge  that  such  offender  has  com- 
mitted a  felony  or  is  liable  to  arrest,  is  an  accessory  to  the  felony. 

See  note  to  sec.  6274. 

6276.  Trial  and  punishment  of  accessories. 

SEC.  11.  Every  accessory  to  a  felony  may  be  indicted,  tried  and  convicted 
either  in  the  county  where  he  became  an  accessory,  or  where  the  principal 
felony  was  committed ;  and  whether  the  principal  offender  has  or  has  not 
been  convicted,  or  is  or  is  not  amenable  to  justice,  or  has  been  pardoned 
or  otherwise  discharged  after  conviction;  and,  except  where  a  different 


testimony,  but  the  weight  thereof  is  for  the 
jury,  under  proper  instructions  subject  to 
the  restriction  that  a  conviction  cannot  be 
had  on  the  uncorroborated  testimony  of  such 
accomplice.  State  v.  Douglas,  26  Nev.  196 
(99  A.  S.  688,  65  P.  802). 

Where  there  is  no  testimony  of  an  accom- 
plice, an  instruction  referring  to  such  testi- 
mony is  properly  refused.  State  v.  Burns, 
27  Nev.  290  (74  P.  983). 

Where  a  husband  and  wife  were  jointly 
tried  for  the  crime  of  extortion  and  the  evi- 


1809  CRIMES  AND  PUNISHMENTS  Sec.  6282 

punishment  is  specially  provided  by  law,  such  accessory  shall  be  punished 
by  imprisonment  in  the  state  prison  for  not  less  than  one  year  nor  more 
than  five  years,  or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
both. 

CHAPTER  4 
RIGHTS  AND  PRIVILEGES  OF  DEFENDANTS 

('•277.   Presumption  of  innocence — Conviction       (ii'Ti*.   Foreign  conviction  or  acquittal. 

of  lowest  degree,  when.  lii'sn.  < 'onviction  or  acquittal  in  other  county. 

Convicts    protected — Forfeitures    abol-       (52S1.  Omission,  when  not  punishable. 

islied.  lii'si'.  Intoxication,  when  it  may  be  consid- 

ered in  mitigation  of  offense. 

l>277.    Presumption  of  innocence— Conviction  of  lowest  decree,  when. 

SEC.  12.  Every  person  charged  with  the  commission  of  a  crime  shall  be 
presumed  innocent  until  the  contrary  is  proved  by  competent  evidence 
beyond  a  reasonable  doubt;  and  when  an  offense  has  been  proved  against 
him,  and  there  exists  a  reasonable  doubt  as  to  which  of  two  or  more  degrees 
he  is  guilty,  he  shall  be  convicted  only  of  the  lowest. 

6278.    Convicts  protected— Forfeitures  abolished. 

SEC.  13.  Every  person  sentenced  to  imprisonment  in  any  penal  institution 
shall  be  under  the  protection  of  the  law,  and  any  unauthorized  injury  to  his 
person  shall  be  punished  in  the  same  manner  as  if  he  were  not  so  convicted 
or  sentenced.  A  conviction  of  crime  shall  not  work  a  forfeiture  of  any 
property,  real  or  personal,  or  of  any  right  or  interest  therein.  All  for- 
feitures in  the  nature  of  deodands,  or  in  case  of  suicide  or  where  a  person 
flees  from  justice,  are  abolished. 

627i>.     Foreign  conviction  or  acquittal. 

SEC.  14.  Whenever,  upon  the  trial  of  any  person  for  a  crime,  it  appears 
that  the  offense  was  committed  in  another  -state  or  country,  under  such  cir- 
cumstances that  the  courts  of  this  state  had  jurisdiction  thereof,  and  that 
the  defendant  has  already  been  acquitted  or  convicted  upon  the  merits,  upon 
a  criminal  prosecution  under  the 'laws  of  such  state  or  country,  founded 
upon  the  act  or  omission  with  respect  to  which  he  is  upon  trial,  such  former 
acquittal  or  conviction  is  a  sufficient  defense. 

6280.    Conviction  or  acquittal  in  other  county. 

SEC.  15.  Whenever,  upon  the  trial  of  any  person  for  a  crime,  it  shall 
appear  that  the  defendant  has  already  been  acquitted  or  convicted  upon  the 
merits,  of  the  same  crime,  in  a  court  having  jurisdiction  of  such  offense  in 
another  county  of  this  state,  such  former  acquittal  or  conviction  is  a 
sufficient  defense. 

6*281.    Omission,  when  not  punishable. 

SEC.  16.  No  person  shall  be  punished  for  an  omission  to  perform  an  act 
when  such  act  has  been  performed  by  another  acting  in  his  behalf,  and 
competent  to  perform  it. 

6*282.    Intoxication,  when  it  may  be  considered  in  mitigation  of  offense. 

SEC.  17.  No  act  committed  by  a  person  while  in  a  state  of  voluntary  intoxi- 
cation shall  be  deemed  less  criminal  by  reason  of  his  condition,  but  whenever 
the  actual  existence  of  any  particular  purpose,  motive  or  intent  is  a  neces- 
sary element  to  constitute  a  particular  species  or  degree  of  crime,  the  fact 
of  his  intoxication  may  be  taken  into  consideration  in  determining  such 
purpose,  motive  or  intent. 

On  a  trial  for  murder  instructions  that  crime,  and  for  this  purpose  must  be  received 
•  liunkenness  can  only  be  considered  for  the  with  great  caution;  that  presumptively 
purpose  of  determining  the  degree  of  the  every  killing  is  murder;  that  in  cases  of 


Sec.  6283  CRIMES  AND  PUNISHMENTS  1810 

]. reined itated   murder   the   fact   of   drunken-  such    a    design   was   formed,   the   jury   must 

ness  is  immaterial;    that  the  jury  must  dis-  consider  the  evidence  of   drunkenness,,  and, 

criminate    between    the    condition    of    mind  if  accused  was  too  much  intoxicated  to  form 

merely    excited    by    intoxicating    drink    and  such  a  deliberate  and  premeditated  purpose, 

yet  capable  of  forming  a   deliberate  intent  he  cannot  be  found  guilty  of  murder  in  the 

to  take  life,  and  such  a  prostration  of  the  first  degree,  correctly  states  the  law  on  the 

faculties    as    renders    a    man    incapable    of  defense  of  drunkenness.    State  v.  Johnny,  29 

forming  the  intent;    that  the  evidence  must  Nev.  203   (87  P.  3). 

convince   the   jury   that   the   deliberate  pre-  See  State  v.  O'Connor,  11  Nev.  416;    State 

meditated   design   to  murder  was  intention-  v.  Thompson,  12  Nev.  140;  State  v.  Casey,  33 

ally   formed;     that,   in   considering   whether  Nev. —  (117  P.  5). 

CHAPTER  5 
PUNISHMENTS  FOR  OFFENSES  NOT  OTHERWISE  FIXED 

6283.  Punishment  of  felony  when  not  fixed       6286.  Penalty  for  misdemeanor  by  corpora- 

by  statute.  tions  when  not  fixed  by  statute. 

6284.  Punishment      of     gross     misdemeanor       6287.  Conviction    of    public    officer    forfeits 

when  not  fixed  by  statute.  trust. 

6285.  Punishment  of  misdemeanor  when  not       6288.  Prohibited  acts  are  misdemeanors. 

fixed  by  statute.  6289.  Failure  of  duty  by  public  officer  a  mis- 

demeanor. 

6283.  Punishment  of  felony  when  not  fixed  by  statute. 

SEC.  18.  Every  person  convicted  of  a  felony  for  which  no  punishment  is 
specially  prescribed  by  any  statutory  provision  in  force  at  the  time  of  con- 
viction and  sentence,  shall  be  punished  by  imprisonment  in  the  state  prison 
for  not  less  than  one  year  or  more  than  ten  years,  or  by  a  fine  of  not  less 
than  five  hundred  dollars  or  more  than  five  thousand  dollars,  or  by  both. 

6284.  Punishment  of  gross  misdemeanor  when  not  fixed  by  statute. 
SEC.  19.    Every  person  convicted  of  a  gross  misdemeanor  for  which  no 

punishment  is  prescribed  in  any  statute  in  force  at  the  time  of  conviction 
and  sentence,  shall  be  punished  by  imprisonment  in  the  county  jail  for  not 
less  than  six  months  or  more  than  one  year,  or  by  a  fine  of  not  less  than  five 
hundred  dollars  or  more  than  one  thousand  dollars,  or  by  both. 

6285.  Punishment  of  misdemeanor  when  not  fixed  by  statute. 

SEC.  20.  Every  person  convicted  of  a  misdemeanor  for  which  no  punish- 
ment is  prescribed  by  any  statute  in  force  at  the  time  of  conviction  and  sen- 
tence, shall  be  punished  by  imprisonment  in  the  county  jail  for  not  more 
than  six  months,  or  by  a  fine  of  not  more  than  five  hundred  dollars,  or  by 
both. 

6286.  Penalty  for  misdemeanor  by  corporations  when  not  fixed  by  statute. 

SEC.  21.  In  all  cases  where  a  corporation  is  convicted  of  an  offense  for 
the  commission  of  which  a  natural  person  would  be  punishable  as  for  a  mis- 
demeanor, and  there  is  no  other  punishment  prescribed  by  law,  such  cor- 
poration is  punishable  by  a  fine  not  exceeding  five  hundred  dollars. 

6287.  Conviction  of  public  officer  forfeits  trust. 

SEC.  22.  The  conviction  of  a  public  officer  of  any  felony  or  malfeasance 
in  office  shall  entail,  in  addition  to  such  other  penalty  as  may  be  imposed, 
the  forfeiture  of  his  office,  and  shall  disqualify  him  from  ever  afterwards 
holding  any  public  office  in  this  state. 

6288.  Prohibited  acts  are  misdemeanors. 

SEC.  23.  Whenever  the  performance  of  any  act  is  prohibited  by  any 
statute,  and  no  penalty  for  the  violation  of  such  statute  is  imposed,  the  com- 
mitting of  such  act  shall  be  a  misdemeanor. 

6289.  Failure  of  duty  by  public  officer  a  misdemeanor. 

SEC.  24.     Whenever  any  duty  is  enjoined  by  law  upon  any  public  officer  or 


1811  CRIMES  AND  PUNISHMENTS  See.  6292 

other  person  holding  any  public  trust  or  employment,  their  wilful  neglect  to 
perform  such  duty,  except  where  otherwise  specially  provided  for,  shall  be 
a  misdemeanor. 

CHAPTER  6 

CONVICTIONS  FOR  ATTEMPTS  AND  LESSER  DEGREES 

r>2!M).    Conviction  of  lesser  crime. 

SEC.  25.  Upon  the  trial  of  an  indictment,  the  defendant  may  be  convicted 
of  the  crime  charged  therein,  or  of  a  lesser  degree  of  the  same  crime,  or  of 
an  attempt  to  commit  the  crime  so  charged,  or  of  an  attempt  to  commit  a 
lesser  degree  of  the  same  crime.  Whenever  the  jury  shall  find  a  verdict  of 
guilty  against  a  person  so  charged,  they  shall  in  their  verdict  specify  the 
degree  or  attempt  of  which  the  accused  is  guilty. 

Sec  sec.  7211). 

Sec  State  v.  <;ray,  19  Ncv.  21.°,  (S  P.  4o<>);  State  v.  P.ranmin.  .">  Ncv.  L>:!S;  State  v.  Pickett,  11 
Nev.  255;  State  v.  Thompson,  31  Ncv.  •_'<><)  (117  P.  17). 

Where  a  defendant  is  indicted  for  murder,  diet  of  involuntary  manslaughter.  Gibson 
the  jurv  niav.  in  proper  cases,  return  a  ver-  v.  Soniers,  District  .ludyv,  .".1  NVv.  531  (103 

P.  1073). 
H291.    Attempts,  how  punished. 

SEC.  26.  An  act  done  with  intent  to  commit  a  crime,  and  tending  but 
failing  to  accomplish  it,  is  an  attempt  to  commit  that  crime ;  and  every  per- 
son who  attempts  to  commit  a  crime,, unless  otherwise  prescribed  by  statute, 
shall  be  punished  as  follows : 

1.  If  the  crime  attempted  is  punishable  by  death  or  life  imprisonment, 
the  person  convicted  of  the  attempt  shall  be  punished  by  imprisonment  in 
the  state  prison  for  not  more  than  twenty  years ; 

2.  In  every  other  case  he  shall  be  punished  by  imprisonment  in  such  man- 
ner as  may  be  prescribed  for  the  commission  of  the  completed  offense,  for 
not  more  than  half  the  longest  term,  or  by  a  fine  of  not  more  than  half  the 
largest  sum,  prescribed  upon  conviction  for  the  commission  of  the  offense 
attempted,  or  by  both  such  fine  and  imprisonment ;  but  nothing  herein  shall 
protect  a  person  who,  in  an  unsuccessful  attempt  to  commit  one  crime,  does 
commit  another  and  different  one,  from  the  punishment  prescribed  for  the 
crime  actually  committed ;  and  a  person  may  be  convicted  of  an  attempt  to 
commit  a  crime,  although  it  appears  on  the  trial  that  the  crime  was  consum- 
mated, unless  the  court  in  its  discretion  shall  discharge  the  jury  and  direct 
the  defendant  to  be  tried  for  the  crime  itself. 

8ee  sees.  iii'71,  r,-J72. 

An    attempt   to   commit   a   crime   contains  mit  grand  larceny  in  feloniously  attempting 

three  elements — the  intent,  the  performance  to  sever  gold-bearing  ore  from  the  realty  of 

of  the  :nt  toward  its  commission,  and  failure  a  mining  claim  (Norcross,  C.  J.,  dissenting), 

of    consummation.     State    v.    Thompson,    31  Idem. 
Ncv.  209.  See  State  v.  Eaymond,  34  Nev.  —  (117  P. 

Evidence  reviewed  and  held  sufficient  to  17). 
warrant  a  conviction  of  attempting  to  com-  See  note  to  sec.  6271. 

CHAPTER  7 
6292.    Habitual  criminals. 

SEC.  27.  Every  person  convicted  in  this  state  of  any  crime  of  which 
fraud  or  intent  to  defraud  is  an  element,  or  of  petit  larceny,  or  of  any  felony, 
who  shall  previously  have  been  twice  convicted,  whether  in  this  state  or 
elsewhere,  of  any  crime  which  under  the  laws  of  this  state  would  amount 
to  a  felony,  or  who  shall  previously  have  been  three  times  convicted, 
whether  in  this  state  or  elsewhere,  of  petit  larceny,  or  of  any  misdemeanor 
or  gross  misdemeanor  of  which  fraud  or  intent  to  defraud  is  an  element, 
shall  be  adjudged  to  be  an  habitual  criminal  and  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  less  than  ten  years. 


Sec.  6293  CRIMES  AND  PUNISHMENTS  1812 

Every  person  convicted  in  this  state  of  any  crime  of  which  fraud  or  intent 
to  defraud  is  an  element,  or  of  petit  larceny,  or  of  any  felony,  who  shall  pre- 
viously have  been  three  times  convicted,  whether  in  this  state  or  elsewhere, 
of  any  crime  which  under  the  laws  of  this  state  would  amount  to  a  felony, 
or  who  shall  previously  have,  been  five  times  convicted,  whether  in  this  state 
or  elsewhere,  of  petit  larceny,  or  of  any  misdemeanor  or  gross  misdemeanor 
of  which  fraud  or  intent  to  defraud  is  an  element,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  life. 

6293.  Prevention  of  procreation. 

SEC.  28.  Whenever  any  person  shall  be  adjudged  guilty  of  carnal  abuse 
of  a  female  person  under  the  age  of  ten  years,  or  of  rape,  or  shall  be 
adjudged  to  be  an  habitual  criminal,  the  court  may,  in  addition  to  such 
other  punishment  or  confinement  as  may  be  imposed,  direct  an  operation  to 
be  performed  upon  such  person,  for  the  prevention  of  procreation ;  pro- 
vided, the  operation  so  directed  to  be  performed  shall  not  consist  of 
castration. 

CHAPTER  8 

DEFINITIONS,   CONSTRUCTION,   MISCELLANEOUS 

r,i'!)4.  Definition  of  terms.  6299.  Military  tribunals  and  punishment  for 

6295.  Rule  of  construction.  contempt  not  affected  hereby. 

6296.  Application  to  prior  offenses.  6300.  Common  law  to  supplement  statute. 

6297.  Application  to  existing  civil  rights.  ,6301.  To    be    construed    as    continuation    of 

6298.  Proceedings  to  impeach  preserved.  former  acts. 

6302.  Civil  remedies  preserved. 

6294.  Definition  of  terms. 

SEC.  29.  In  construing  the  provisions  of  this  act,  save  when  otherwise 
plainly  declared  or  clearly  apparent  from  the  context,  the  following  rules 
shall  be  observed : 

1.  Each  of  the  words  "neglect,"  "negligence,"  "negligent,"  and  "negli- 
gently" shall  import  a  want  of  such  attention  to  the  nature  or  probable  con- 
sequences of  an  act  or  omission  as  an  ordinarily  prudent  man  usually 
exercises  in  his  own  business. 

2.  Each  of  the  words  "corrupt"  and  "corruptly"  shall  import  a  wrongful 
desire  to  acquire  or  cause  some  pecuniary  or  other  advantage  to  himself  or 
another,  by  the  person  to  whom  applicable. 

3.  "Malice"  and  "maliciously"  shall  import  an  evil  intent,  wish  or  design 
to  vex,  annoy  or  injure  another  person.    Malice  may  be  inferred  from  an 
act  done  in  wilful  disregard  of  the  rights  of  another,  or  an  act  wrongfully 
done  without  just  cause  or  excuse,  or  an  act  or  omission  of  duty  betraying  a 
wilful  disregard  of  social  duty. 

4.  The  word  "knowingly"  imports  a  knowledge  that  the  facts  exist  which 
constitute  the  act  or  omission  of  a  crime,  and  does  not  require  knowledge 
of  its  unlawfulness;    knowledge  of  any  particular  fact  may  be  inferred 
from  the  knowledge  of  such  other  facts  as  should  put  an  ordinary  pru- 
dent man  upon  inquiry. 

5.  Whenever  an  intent  to  defraud  constitutes  a  part  of  a  crime,  it  is  not 
necessary  to  aver  or  prove  an  intent  to  defraud  any  particular  person. 

6.  The  word  "boat"  shall  include  ships,  steamers  and  other  structures 
adapted  to  navigation  or  movement  from  place  to  place  by  water. 

7.  The  word  "signature"  shall  include  any  memorandum,  mark,  or  sign 
made  with  intent  to  authenticate  any  instrument  or  writing,  or  the  sub- 
scription of  any  person  thereto. 

8.  The  word  "writing"  shall  include  printing. 

9.  The  word  "property"  shall  include  both  real  and  personal  property. 

10.  The  term  "real  property"  shall  include  every  estate,  interest  and 
right  in  lands,  tenements  and  hereditaments,  corporeal  or  incorporeal. 


1813  CRIMES  AND  PUNISHMENTS  Sec.  6294 

11.  The  term  "personal  property"  shall  include  dogs  and-  all  domestic 
animals  and  birds,  water,  gas  and  electricity,  all  kinds  or  descriptions  of 
money,  chattels  and  effects,  all  instruments  or  writings  completed  and 
ready  to  be  delivered  or  issued  by  the  maker,  whether  actually  delivered 
or  issued  or  not,  by  which  any  claim,  privilege,  right,  obligation  or  author- 
ity, or  any  right  or  title  to  property  real  or  personal,  is,  or  purports  to  be, 
or  upon  the  happening  of  some  future  event  may  be  evidenced,  created, 
acknowledged,  transferred,  increased,  diminished,  encumbered,  defeated, 
discharged  or  affected,  and  every  right  and  interest  therein. 

12.  The  word  "bond"  shall  include  an  undertaking. 

13.  Words  in  the  present  tense  shall  include  the  future  tense ;  and  in  the 
masculine  shall  include  the  feminine  and  neuter  genders;    and  in  the 
singular  shall  include  the  plural ;  ajid  in  the  plural  shall  include  the  singular. 

14.  The  word  "person"  shall  include  a  corporation  or  joint-stock  associa- 
tion ;  and  whenever  it  is  used  to  designate  a  party  whose  property  may  be 
the  subject  of  an  offense  it  shall  also  include  the  state,  or  any  other  state, 
government  or  country  which  may  lawfully  own  property  within  this  state. 

15.  The  term  "judge"  shall  include  every  judicial  officer  authorized,  alone 
or  with  others,  to  hold  or  preside  over  a  court  of  record. 

16.  Any  person  shall  be  deemed  an  "owner"  of  any  property  who  has  a 
general  or  special  property  in  the  whole  or  any  part  thereof,  or  lawful 
possession  thereof,  either  actual  or  constructive. 

17.  The  words  "dwelling  house"  shall  include  every  building  or  structure 
which  shall  have  been  usually  occupied  by  a  person  lodging  therein  at 
night,  and  whenever  it  shall  be  so  constructed  as  to  consist  of  two  or  more 
parts  or  rooms  occupied  or  intended  to  be  occupied,  whether  permanently 
or  temporarily,  by  different  tenants  separately  by  usually  lodging  therein 
at  night,  or  for  any  other  separate  purpose,  each  part  shall  be  deemed  a 
separate  dwelling  house  of  the  tenant  occupying  the  same. 

18.  The  word  "building"  shall  include  every  house,  shed,  boat,  water 
craft,  railway  car,  tent  or  booth,  whether  completed  or  not,  suitable  for 
affording  shelter  for  any  human  being,  or  as  a  place  where  any  property 
is  or  shall  be  kept  for  use,  sale  or  deposit. 

19.  The  word  "nighttime"  shall  include  the  period  between  sunset  and 
sunrise;  the  word  "daytime"  the  period  between  sunrise  and  sunset. 

20.  The  word  "break,"  when  used  in  connection  with  the  crime  of  bur- 
glary, shall  include : 

(a)  Breaking  or  violently  detaching  any  part,  internal  or  external,  of  a 
building ; 

(b)  Opening,  for  the  purpose  of  entering  therein,  any  outer  door  of  a 
building  or  of  any  room,  apartment  or  set  of  apartments  therein  separately 
used  and  occupied,  or  any  window,  shutter,  scuttle  or  other  thing  used  for 
covering  or  closing  any  opening  thereto  or  therein,  or  which  gives  passage 
from  one  part  thereof  to  another ; 

'  (c)  Obtaining  entrance  into  such  building  or  apartment  by  any  threat 
or  artifice,  used  for  that  purpose,  or  by  collusion  with  any  person  therein ; 

(d)  Entering  such  building,  room  or  apartment  by  or  through  any  pipe, 
chimney  or  other  opening,  or  by  excavating  or  digging  through  or  under 
a  building  or  the  walls  or  foundation  thereof. 

21.  The  word  "enter,"  when  constituting  an  element  or  part  of  a  crime, 
shall  include  the  entrance  of  the  offender,  or  the  insertion  of  any  part  of  his 
body,  or  of  any  instrument  or  weapon  held  in  his  hand  and  used  or  intended 
to  be  used  to  threaten  or  intimidate  a  person,  or  to  detach  or  remove 
property. 

22.  The  term  "railway"  or  "railroad"  shall  include  all  railways,  railroads 


Sec.  6295  CRIMES  AND  PUNISHMENTS  1814 

and  street  railways,  whether  operated  by  steam,  electricity  or  any  other 
motive  power. 

23.  The  words   "indicted"   and   " indictment"   shall   include   "informed 
against"   and   "information";    and   the   words   "informed   against"   and 
"information"  shall  include  the  words  "indicted"  and  "indictment." 

24.  The  words  "officer"  and  "public  officer"  shall  include  all  assistants, 
deputies,  clerks  and  employees  of  any  public  officer  and  all  persons  exercis- 
ing or  assuming  to  exercise  any  of  the  powers  or  functions  of  a  public 
officer. 

25.  The  word  "juror"  shall  include  a  talesman,  and  extend  to  jurors  in 
all  courts,  whether  of  record  or  not. 

26.  The  word  "prisoner"  shall  include  any  person  held  in  custody  under 
process  of  law,  or  under  lawful  arrest. 

27.  The  word  "prison"  shall  mean  any  place  designated  by  law  for  the 
keeping  of  persons  held  in  custody  under  process  of  law,  or  under  lawful 
arrest. 

6295.  Rule  of  construction. 

SEC.  30.  Every  provision  of  this  act  shall  be  construed  according  to  the 
fair  import  of  its  terms. 

6296.  Application  to  prior  offenses. 

SEC.  31.  Nothing  contained  in  any  provision  of  this  act  shall  apply  to 
an  offense  committed  or  act  done  at  any  time  before  the  day  when  this  act 
shall  take  effect.  Such  an  offense  shall  be  punished  according  to,  and  such 
act  shall  be  governed  by,  the  provisions  of  law  existing  when  it  is  done  or 
committed,  in  the  same  manner  as  if  this  act  had  not  been  passed. 

6297.  Application  to  existing  civil  rights. 

SEC.  32.  Nothing  in  this  act  shall  be  deemed  to  affect  any  civil  right  or 
remedy  existing  at  the  time  when  it  shall  take  effect  by  virtue  of  the  com- 
mon law  or  of  the  provision  of  any  statute. 

6298.  Proceedings  to  impeach  preserved. 

SEC.  33.  The  omission  to  specify  or  affirm  in  this  act  any  ground  of  for- 
feiture of  a  public  office  or  other  trust  or  special  authority  conferred  by  law, 
or  any  power  conferred  by  law  to  impeach,  remove,  depose  or  suspend  any 
public  officer  or  other  person  holding  any  trust,  appointment  or  other  spe- 
cial authority  conferred  by  law,  shall  not  affect  such  forfeiture  or  power, 
or  any  proceeding  authorized  by  law  to  carry  into  effect  such  impeachment, 
removal,  deposition  or  suspension. 

6299.  Military  tribunals  and  punishment  for  contempt  not  affected  hereby. 
SEC.  34.    This  act  does  not  affect  any  power  conferred  by  law  upon  any 

court-martial,  or  other  military  authority,  or  officer,  to  impose  or  inflict 
punishment,  upon  offenders;  nor  any  power  conferred  by  law  upon  any 
public  body,  tribunal,  or  officer,  to  impose  or  inflict  punishment  for  a 
contempt. 

6800.    Common  law  to  supplement  statute. 

SEC.  35.  The  provisions  of  the  common  law  relating  to  the  commission 
of  crime  and  the  punishment  thereof,  in  so  far  as  not  inconsistent  with  the 
institutions  and  statutes  of  this  state,  shall  supplement  all  penal  statutes  of 
this  state  and  all  persons  offending  against  the  same  shall  be  tried  in  the 
district  courts  of  this  state. 

See  sees.  323,  5474,  6827. 

6301.    To  be  construed  as  continuation  of  former  acts. 

SEC.  36.    The  provisions  of  this  act,  in  so  far  as  they  are  substantially 


1815  CRIMES  AND  PUNISHMENTS  See.  6308 

the  same  as  existing  statutes,  shall  be  construed  as  continuations  thereof 
and  not  as  new  enactments. 

6302.  Civil  remedies  preserved. 

SEC.  37.  The  omission  to  specify  or  affirm  in  this  act  any  liability  to  any 
damages,  penalty,  forfeiture  or  other  remedy,  imposed  by  law,  and  allowed 
to  be  recovered  or  enforced  in  any  civil  action  or  proceeding,  for  any  act 
or  omission  declared  punishable  herein,  shall  not  affect  any  right  to  recover 
or  enforce  the  same. 

CHAPTER  9 
MISCELLANEOUS 

r.:;n::.    Imprisonment  on  two  or  more  coiivic-       <'>;>().">.    Punishment  for  i-ontempt. 

tions.  (i:!i)(i.    Intent  to  defraud. 

i;:'.<M.   Acts  punishable  under  foreign  la\v.  (5U07.  Sending  letter, when  complete — Venue. 

6303.  Imprisonment  on  two  or  more  convictions. 

SEC.  38.  Whenever  a  person  shall  be  convicted  of  two  or  more  offenses 
before  sentence  has  been  pronounced  for  either,  the  imprisonment  to  which 
he  is  sentenced  upon  the  second  or  other  subsequent  conviction  shall  com- 
mence at  the  termination  of  the  first  or  other  prior  term  or  terms  of 
imprisonment  to  which  he  is  sentenced ;  and  whenever  a  person  while  under 
sentence  of  felony  shall  commit  another  felony  and  be  sentenced  to  another 
term  of  imprisonment,  such  latter  term  shall  not  begin  until  the  expiration 
of  all  prior  terms. 

Sec  sec.  7  •_'•">»>. 

6804.     Acts  punishable  under  foreign  law. 

SEC.  39.  An  act  or  omission  punishable  as  a  crime  in  this  state  is  not  less 
so  because  it  is  also  punishable  under  the  laws  of  another  state,  government 
or  country,  unless  the  contrary  is  expressly  declared  in  the  law  relating 
thereto. 

6305.  Punishment  for  contempt. 

SEC.  40.  A  criminal  act  which  at  the  same  time  constitutes  contempt  of 
court,  and  has  been  punished  as  such,  may  also  be  punished  as  a  crime,  but 
in  such  case  the  punishment  for  contempt  may  be  considered  in  mitigation. 

6306.  Intent  to  defraud. 

SEC.  41.  Whenever  an  intent  to  defraud  shall  be  made  an  element  of  an 
offense,  it  shall  be  sufficient  if  an  intent  appears  to  defraud  any  person, 
association  or  body  politic  or  corporation  whatsoever. 

6307.  Sending  letter,  when  complete— Venue. 

SEC.  42.  Whenever  any  statute  makes  the  sending  of  a  letter  criminal, 
the  offense  shall  be  deemed  complete  from  the  time  it  is  deposited  in  any 
postoffice  or  other  place,  or  delivered  to  any  person  with  intent  that  it  shall 
be  forwarded;  and  the  sender  may  be  proceeded  against  in  the  county 
wherein  it  was  so  deposited  or  delivered,  or  in  which  it  was  received  by 
the  person  to  whom  it  was  addressed. 

CHAPTER  10 
CRIMES  AGAINST  THE  SOVEREIGNTY  OF  THE  STATE  TREASON 

6308.  Treason  defined— Penalty. 

SEC.  43.     Treason  against  the  people  of  the  state  consists  in : 

1.  Levying  war  against  the  people  of  the  state,  or 

2.  Adhering  to  its  enemies,  or 

3.  Giving  them  aid  and  comfort. 

Treason  is  punishable  by  death.    No  person  shall  be  convicted  for  treason 


Sec.  6309  CRIMES  AND  PUNISHMENTS  1816 

unless  upon  the  testimony  of  two  witnesses  to  the  same  overt  act  or  by 
confession  in  open  court. 

See  Const.,  sec.  248. 

6309.  Levying  war. 

SEC.  44.  To  constitute  levying  war  against  the  state  an  actual  act  of 
war  must  be  committed.  To  conspire  to  levy  war  is  not  enough.  When 
persons  arise  in  insurrection  with  intent  to  prevent,  in  general,  by  force 
and  intimidation,  the  execution  of  a  statute  of  this  state,  or  to  force  its 
repeal,  they  shall  be  guilty  of  levying  war.  But  an  endeavor,  although  by 
numbers  and  force  of  arms,  to  resist  the  execution  of  a  law  in  a  single 
instance,  and  for  a  private  purpose,  is  not  levying  war. 

6310.  Misprision  of  treason. 

SEC.  45.  Every  person  having  knowledge  of  the  commission  of  treason, 
who  conceals  the  same,  and  does  not,  as  soon  as  may  be,  disclose  such 
treason  to  the  governor  or  a  judge  of  the  supreme  court  or  a  district  court, 
shall  be  guilty  of  misprision  of  treason  and  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  in  the  state  penitentiary 
for  not  more  than  five  years  or  in  a  county  jail  for  not  more  than  one  year. 

CHAPTER  11 

CRIMES  BY  OR  AGAINST  PUBLIC  OFFICERS — BRIBERY,  CORRUPTION 

AND  EXTORTION 

6311.  Bribery  of  public  officer.  6331.  Misconduct  of  public  officer. 

6312.  Asking-  or  receiving  bribe — Extortion.  6332.  Intrusion    into    and    refusal    to    sur- 

6313.  Eebate  or  division  of  salary  unlawful.  render  public  office. 

6314.  Agreement  to  divide  salary,  unlawful.  6333.  Disturbing  legislature,  or  intimidating 

6315.  Liability  for  debt.  member. 

6316.  Penalty.  6334.  Witness  refusing  to  attend  legislature 

6317.  Offering  reward  for  appointment.  or  committee  or  to  testify. 

6318.  Bribing  legislators,  penalty.  6335.  Threats  to  induce  extortion,  penalty. 

6319.  Offering  legislative  or  election  bribes,  6336.  Rescuing  prisoner. 

penalty.  6337.  Taking  property  from  an  officer. 

6320.  Juror  and  others,  accepting  bribe.  6338.  Escaped  prisoner  recaptured. 

6321.  Bribing  witness.  6339.  Prisoner  escaping. 

6322.  Witness  accepting  bribe.  6340.  Aiding  prisoner  to  escape. 

6323.  Influencing  juror.  6341.  Custodian  suffering  escape. 

6324.  Juror,  arbitrator  or  referee  promising  6342.  Ministerial  officer  permitting  escape. 

verdict  or  decision  or  receiving  com-  6343.  Concealing  escaped  prisoner, 

munication.  6344.  Injury  to  public  record. 

6325.  Misconduct  of  officer  drawing  jury.  6345.  Injury    to     and     misappropriation     of 

6326.  Soliciting  jury  duty.  record. 

6327.  Misconduct    of    officer    in    charge    of  6346.  Altering  legislative   measures. 

jury.  6347.  Altering  enrolled  bills. 

6328.  Offender  a  competent  witness.  G348.  Offering  false  instrument  for  filing  or 

6329.  Interfering  with  public  officer.  record. 

6330.  Grafting.  6349.  False  report  by  public  officer. 

6311.    Bribery  of  public  officer. 

SEC.  46.  Every  person  who  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward  to  any  executive  or 
administrative  officer  of  the  state,  with  intent  to  influence  him  with  respect 
to  any  act,  decision,  vote,  opinion  or  other  proceeding,  as  such  officer;  or 
who  shall  give,  offer  or  promise,  directly  or  indirectly,  any  compensation, 
gratuity  or  reward  to  a  member  of  the  legislature,  or  attempt,  directly  or 
indirectly,  by  menace,  deceit,  suppression  of  truth  or  other  corrupt  means, 
to  influence  such  member  to  give  or  withhold  his  vote  or  to  absent  himself 
from  the  house  of  which  he  is  a  member  or  from  any  committee  thereof ;  or 
who  shall  give,  offer  or  promise,  directly  or  indirectly,  any  compensation, 
gratuity  or  reward  to  a  judicial  officer,  juror,  referee,  arbitrator,  appraiser, 


1817  CRIMES  AND  PUNISHMENTS  Sec.  6814 

assessor  or  other  person  authorized  by  law  to  hear  or  determine  any  ques- 
tion, matter,  cause,  proceeding  or  controversy,  with  intent  to  influence  his 
action,  vote,  opinion  or  decision  thereupon ;  or  who  shall  give,  offer  or 
promise,  directly  or  indirectly,  any  compensation,  gratuity  or  reward  to  a 
person  executing  any  of  the  functions  of  a  public  officer  other  than  as 
hereinbefore  specified,  with  intent  to  influence  him  with  respect  to  any  act. 
decision,  vote  or  other  proceeding  in  the  exercise  of  his  powers  or  functions, 
shall  be  punished  by  imprisonment  in  the  state  penitentiary  for  not  more 
than  ten  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or  by 
both. 

63 12.  Asking  or  receiving  bribe— Extortion. 

SEC.  47.  Every  executive  or  administrative  officer  or  person  elected  or 
appointed  to  an  executive  or  administrative  office  who  shall  ask  or  receive, 
directly  or  indirectly,  any  compensation,  gratuity  or  reward,  or  any  promise 
thereof,  upon  an  agreement  or  understanding  that  his  vote,  opinion  or 
action  upon  any  matter  then  pending,  or  which  may  by  law  be  brought 
before  him  in  his  official  capacity,  shall  be  influenced  thereby;  and  every 
member  of  either  house  of  the  legislature  of  the  state  who  shall  ask  or 
receive,  directly  or  indirectly,  any  compensation,  gratuity  or  reward,  or 
any  promise  thereof,  upon  an  agreement  or  understanding  that  his  official 
vote,  opinion,  judgment  or  action  shall  be  influenced  thereby,  or  shall  be 
given  in  any  particular  manner,  or  upon  any  particular  side  of  any  ques- 
tion or  matter  upon  which  he  may  be  required  to  act  in  his  official  capacity ; 
and  every  judicial  officer,  and  every  person  who  executes  any  of  the  func- 
tions of  a  public  office  not  hereinbefore  specified,  and  every  person 
employed  by  or  acting  for  the  state  or  for  any  public  officer  in  the  business 
of  the  state,  who  shall  ask  or  receive,  directly  or  indirectly,  any  compen- 
sation, gratuity  or  reward,  or  any  promise  thereof,  upon  an  agreement  or 
understanding  that  his  vote,  opinion,  judgment,  action,  decision  or  other 
official  proceeding  shall  be  influenced  thereby,  or  that  he  'will  do  or  omit 
any  act  or  proceeding  or  in  any  way  neglect  or  violate  any  official  duty, 
shall  be  punished  by  imprisonment  in  the  state  penitentiary  for  not  more 
than  ten  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or  by 
both. 

6313.  Rebate  or  division  of  salary  unlawful. 

SEC.  48.  It  shall  be  unlawful  for  any  state,  county  or  municipal  officer 
to  offer  or  agree  to  appoint,  or  for  any  person  whomsoever  to  offer  to  pro- 
cure, or  to  offer  to  aid  in  procuring,  the  appointment  of  any  deputy  officer 
or  attache  of  the  state,  county  or  municipal  government  of  this  state,  for 
any  consideration  contemplating  any  division  or  rebate  of  the  salary  of 
such  deputy  or  attache  during  his  term  of  office,  or  for  any  monetary  or 
other  valuable  consideration  whatsoever,  or,  after  such  appointment  is 
made,  to  receive  or  to  accept  any  portion  of  the  salary  of  such  deputy  or 
attache,  or  to  receive  any  money  or  other  valuable  reward  whatsoever,  as  a 
consideration  for  retaining  such  deputy  or  attache,  or  as  a  consideration 
for  procuring,  or  for  aid  in  obtaining  the  procuring  of,  the  retention  of 
such  deputy  or  attache  in  any  position  to  which  he  may  be  or  shall  have 
been  appointed,  or  for  any  purpose  whatsoever  except  in  payment  of  a 
bona  fide  debt  as  hereinafter  provided. 

6314.  Agreement  to  divide  salary,  unlawful. 

SEC.  49.  It  shall  be  unlawful  for  any  deputy  officer  or  attache  of  the 
state,  county  or  municipal  government  of  this  state  to  rebate,  refund,  pay 
or  divide,  to  or  with  his  principal  or  to  or  with  any  person  whomsoever, 
any  part  or  portion  of  his  salary  or  compensation  now  fixed,  or  that  may 
hereafter  be  fixed  or  established,  by  law,  as  a  consideration  either  for  the 


Sec.  6315  CRIMES  AND  PUNISHMENTS  1818 

making  or  for  the  procuring  of  such  appointment,  or  for  aid  in  procuring 
the  same,  or  for  the  retention,  or  for  the  procuring  or  aid  in  procuring  the 
retention,  of  such  an  appointment  as  deputy  or  attache,  or  to  make  any 
division  or  payment  out  of  his  salary  to  this  end,  except  in  payment  of  a 
bona  fide  debt  as  hereinafter  provided. 

6315.  Liability  for  debt. 

SEC.  50.  Nothing  in  the  last  two  preceding  sections  shall  be  construed  to 
relieve  any  deputy  officer  or  attache  from  the  payment  of  a  bona  fide  debt, 
contracted  for  value  received,  for  which  a  civil  action  would  lie  in  a  court 
of  law,  or  to  prevent  such  deputy  officer  or  attache  from  paying  the  same 
out  of  his  salary. 

6316.  Penalty. 

SEC.  51.  Any  person  violating  any  of  the  provisions  of  the  two  preced- 
ing sections  shall  be  deemed  guilty  of  bribery,  and  shall  be  punished  by  a 
fine  of  not  less  than  one  thousand  dollars  nor  more  than  five  thousand 
dollars,  or  by  imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  seven  years  or  by  both. 

6317.  Offering-  reward  for  appointment. 

SEC.  52.  Every  person  who  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward,  in  consideration  that  he 
or  another  person  shall  be  appointed  to  a  public  office  or  to  a  clerkship, 
deputation  or  other  subordinate  position  in  such  office,  or  that  he  or  any 
other  person  shall  be  permitted  to  exercise,  perform  or  discharge  any  pre- 
rogative or  duty  or  receive  any  emolument  of  such  office,  shall  be  guilty  of 
a  gross  misdemeanor. 

See  sees.  1829,  2822. 

6318.  Bribing  legislators,  penalty. 

SEC.  53.  Every  person  who  obtains  or  seeks  to  obtain  money  or  other 
thing  of  value  from  another  person  upon  a  pretense,  claim  or  representa- 
tion that  he  can  or  will  improperly  influence  in  any  manner  the  action  of 
any  member  of  a  legislative  body  in  regard  to  any  vote  or  legislative  action, 
is  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  state  prison  for  a  period  of  not  less  than  two  nor  more 
than  ten  years. 

6319.  Offering  legislative  or  election  bribes,  penalty. 

SEC.  54.  Every  person  who  gives  or  offers  a  bribe  to  any  officer  or  mem- 
ber of  any  caucus,  political  convention,  committee,  primary  election,  or 
political  gathering  of  any  kind,  held  for  the  purpose  of  nominating  candi- 
dates for  offices  of  honor,  trust,  or  profit  in  this  state,  with  intent  to 
influence  the  person  to  whom  such  bribe  is  given  or  offered  to  be  more 
favorable  to  one  candidate  than  another,  shall  be  guilty  of  felony,  punish- 
able by  a  fine  not  exceeding  five  thousand  dollars  or  ten  years'  imprison- 
ment in  the  state  prison,  or  both  such  fine  and  imprisonment. 

6320.  Juror  and  others,  accepting  bribe. 

SEC.  55.  Every  juror,  referee,  arbitrator,  appraiser,  assessor,  or  other 
person  authorized  by  law  to  hear  or  determine  any  question,  matter,  cause, 
controversy  or  proceeding,  who  shall  ask  or  receive,  directly  or  indirectly, 
any  compensation,  gratuity  or  reward,  or  any  promise  thereof,  upon  an 
agreement  or  understanding  that  his  vote,  opinion,  action,  judgment  or 
decision  shall  be  influenced  thereby,  shall  be  punished  by  imprisonment  in 
the  state  penitentiary  for  not  more  than  ten  years,  or  by  fine  of  not  more 
than  five  thousand  dollars,  or  by  both. 


.819  CRIMES  AND  PUNISHMENTS  Sec,  6325 

1321.    Bribing  witness. 

SEC.  56.  Every  person  who  shall  give,  offer  or  promise,  directly  or  indi- 
rectly any  compensation,  gratuity  or  reward  to  any  witness  or  person  who 
may  be  called  as  a  witness,  upon  an  agreement  or  understanding  that  the 
testimony  of  such  witness  shall  be  thereby  influenced,  or  who  shall  wilfully 
attempt  by  any  other  means  to  induce  any  witness  or  person  who  may  be 
called  as  a  witness  to  give  false  testimony,  or  to  withhold  true  testimony, 
shall  be  punished  by  imprisonment  in  the  state  penitentiary  for  not  more 
than  ten  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or  by 
both. 

6322.  Witness  accepting  bribe. 

SEC.  57.  Every  person  who  is  or  may  be  a  witness  upon  a  trial,  hearing, 
investigation  or  other  proceeding  before  any  court,  tribunal  or  officer 
authorized  to  hear  evidence  or  take  testimony,  who  shall  ask  or  receive, 
directly  or  indirectly,  any  compensation,  gratuity  or  reward,  or  any  promise 
thereof,  upon  an  agreement  or  understanding  that  his  testimony  shall  be 
influenced  thereby,  or  that  he  will  absent  himself  from  the  trial,  hearing  or 
other  proceeding,  shall  be  punished  by  imprisonment  in  the  state  peniten- 
tiary for  not  more  than  ten  years,  or  by  a  fine  of  not  more  than  five  thou- 
sand dollars,  or  by  both. 

6323.  Intlneneing  juror. 

SEC.  58.  Every  person  who  shall  influence,  or  attempt  to  influence, 
improperly,  a  juror  in  a  civil  or  criminal  action  or  any  proceeding,  or  any 
person  chosen  or  appointed  as  an  arbitrator  or  referee,  in  respect  to  his 
verdict,  judgment,  report,  award  or  decision  in  any  cause  or  matter  pend- 
ing or  about  to  be  brought  before  him,  in  any  case  or  in  any  manner  not 
hereinbefore  provided  for,  shall  be  guilty  of  a  gross  misdemeanor. 

There   is  no  such   <-rinn'   km>\vn   to  the  law  «'nil>r:n-rry.     It  is  a  crime  in  A  to  solicit  B 

M  :ni  MlTrmj.t  tocommit  riiilir.-i.-rry.  Kmbrac-  to    :itt«-iiipt    to    corrupt    a    juror.     State    v. 

n-v     is    it-. 'If    l.ut    :in    :ittt>iii|.t    to    <lo    \vrnn «r.  S;ilcs.   L'    NVv.   L'I'.S. 
It    is   ;i    rrimo   to   solicit   another   to   commit 

6324.  Juror,  arbitrator  or   referee   promising   verdict  or  decision,  or 

receiving  communication. 

SEC.  59.  Every  juror  and  every  person  chosen  or  appointed  arbitrator  or 
referee,  who  shall  make  any  promise  or  agreement  to  give  a  verdict,  judg- 
ment, report,  award  or  decision  for  or  against  any  party,  or  who  shall  wil- 
fully receive  any  communication,  book,  paper,  instrument  or  information 
relating  to  a  cause  or  matter  pending  before  him,  except  according  to  the 
regular  course  of  proceeding  upon  the  trial  or  hearing  of  such  cause  or 
matter,  shall  be  guilty  of  a  gross  misdemeanor. 

6325.  Misconduct  of  officer  drawing  jury. 

SEC.  60.  Every  person  charged  by  law  with  the  preparation  of  any  jury 
list  or  list  of  names  from  which  any  jury  is  to  be  drawn,  and  every  person 
authorized  by  law  to  assist  at  the  drawing  of  a  grand  or  petit  jury  to 
attend  a  court  or  term  of  court  or  to  try  any  cause  or  issue,  who  shall : 

1.  Place  in  any  such  list  any  name  at  the  request  or  solicitation,  direct  or 
indirect,  of  any  person ;  or 

2.  Designedly  put  upon  the  list  of  jurors,  as  having  been  drawn,  any 
name  which  was  not  lawfully  drawn  for  that  purpose ;  or 

3.  Designedly  omit  to  place  upon  such  list  any  name  which  was  lawfully 
drawn ;  or 

4.  Designedly  sign  or  certify  a  list  of  such  jurors  as  having  been  drawn 
which  were  not  lawfully  drawn ;  or 

5.  Designedly  and  wrongfully  withdraw  from  the  box  or  other  receptacle 


Sec.  6826  CRIMES  AND  PUNISHMENTS  1820 

for  the  ballots  containing  the  names  of  such  jurors  any  paper  or  ballot  law- 
fully placed  or  belonging  there  and  containing  the  name  of  a  juror,  or 
omit  to  place  therein  any  name  lawfully  drawn  or  designated,  or  place 
therein  a  paper  or  ballot  containing  the  name  of  a  person  not  lawfully 
drawn  and  designated  as  a  juror;  or 

6.  In  drawing  or  empaneling  such  jury,  do  any  act  which  is  unfair, 
partial  or  improper  in  any  respect ;  shall  be  guilty  of  a  felony. 

6326.  Soliciting  jury  duty. 

SEC.  61.  Every  person  who  shall,  directly  or  indirectly,  solicit  or  request 
any  person  charged  with  the  duty  of  preparing  any  jury  list  to  put  his" 
name,  or  the  name  of  any  other  person,  on  any  such  list,  shall  be  guilty  of 
a  gross  misdemeanor. 

6327.  Misconduct  of  officer  in  charge  of  jury. 

SEC.  62.  Every  person  to  whose  charge  a  jury  shall  be  committed  by  a 
court  or  magistrate,  who  shall  knowingly,  without  leave  of  such  court  or 
magistrate,  permit  them  or  any  one  of  them  to  receive  any  communication 
from  any  person,  to  make  any  communication  to  any  person,  to  obtain  or 
receive  any  book,  paper  or  refreshment,  or  to  leave  the  jury  room,  shall  be 
guilty  of  a  gross  misdemeanor. 

6328.  Offender  a  competent  witness. 

SEC.  63.  Every  person  offending  against  any  of  the  provisions  of  law 
relating  to  bribery  or  corruption  shall  be  a  competent  witness  against 
another  so  offending  and  shall  not  be  excused  from  giving  testimony  tend- 
ing to  criminate  himself,  but  such  testimony  shall  not  afterwards  be  used 
against  him  in  any  judicial  proceeding,  except  for  perjury  in  giving  such 
testimony. 

6329.  Interfering  with  public  officer. 

SEC.  64.  Every  person  who,  by  means  of  any  threat,  force  or  violence, 
shall  attempt  to  deter  or  prevent  any  executive  or  administrative  officer 
from  performing  any  duty  imposed  upon  him  by  law,  or  who  shall  know- 
ingly resist  by  force  or  violence  any  executive  or  administrative  officer  in, 
the  performance  of  his  duty,  shall  be  guilty  of  a  gross  misdemeanor. 

See  sees.  6804,  6828. 

6330.  Grafting. 

SEC.  65.  Every  person  who  shall  ask  or  receive  any  compensation,  gra- 
tuity or  reward,  or  any  promise  thereof,  upon  the  representation  that  he 
can,  directly  or  indirectly,  or  in  consideration  that  he  shall,  or  shall  attempt 
to,  directly  or  indirectly,  influence  any  public  officer,  whether  executive, 
administrative,  judicial  or  legislative,  to  refuse,  neglect,  or  defer  the  per- 
formance of  any  official  duty ;  or  who  shall  ask  or  receive  any  compensation, 
gratuity  or  reward,  or  any  promise  thereof,  the  right  to  retain  or  receive 
which  shall  be  conditioned  that  such  person  shall,  directly  or  indirectly, 
successfully  influence  by  any  means  whatever  any  executive,  administrative 
or  legislative  officer,  in  respect  to  any  act,  decision,  vote,  opinion  or  other 
proceeding,  as  such  officer ;  or  who  shall  ask  or  receive  any  compensation, 
gratuity  or  reward,  or  any  promise  thereof,  upon  the  representation  that 
he  can,  directly  or  indirectly,  or  in  consideration  that  he  shall,  or  shall 
attempt  to,  directly  or  indirectly,  influence  any  public  officer,  whether 
executive,  administrative,  judicial  or  legislative,  in  respect  to  any  act, 
decision,  vote,  opinion  or  other  proceeding,  as  such  officer,  unless  it  be 
clearly  understood  and  agreed  in  good  faith  between  the  parties  thereto, 
on  both  sides,  that  no  means  or  influence  shall  be  employed  except  explana- 
tion and  argument  upon  the  merits,,  shall  be  guilty  of  a  gross  misdemeanor, 


1821  CRIMES  AND  PUNISHMENTS  Sec.  6383 

and,  in  any  prosecution,  under  the  third  clause  of  this  section,  evidence  of 
the  means  actually  employed  to  influence  such  officer  shall  be  admitted  as 
proof  of  the  means  originally  contemplated  by  the  defendant. 

6331.  Misconduct  of  public  officer. 

SEC.  66.    Every  public  officer  who  shall — 

1.  Ask  or  receive,  directly  or  indirectly,  any  compensation,  gratuity  or 
reward,  or  promise  thereof,  for  omitting  or  deferring  the  performance  of 
any  official  duty;  or  for  any  official  service  which  has  not  been  actually 
rendered,  except  in  case  of  charges  for  prospective  costs  or  fees  demand- 
able  in  advance  in  a  case  allowed  by  law ;  or 

2.  Be  beneficially  interested,  directly  or  indirectly,  in  any  contract,  sale, 
lease  or  purchase  which  may  be  made  by,  through  or  under  the  supervision 
of  such  officer,  in  whole  or  in  part,  or  which  may  be  made  for  the  benefit 
of  his  office,  or  accept,  directly  or  indirectly,  any  compensation,  gratuity 
or  reward  from  any  other  person  beneficially  interested  therein ;  or 

3.  Employ  or  use  any  person,  money  or  property  under  his  official  con- 
trol or  direction,  or  in  his  official  custody,  for  the  private  benefit  or  gain  of 
himself  or  another ; 

Shall  be  guilty  of  a  gross  misdemeanor,  and  any  contract,  sale,  lease  or 
purchase  mentioned  in  subdivision  2  hereof  shall  be  void. 

Assessor,  neglect  of  duty,  section  1574. 

City  officer,  interested  in  contract,  section  812. 

Commissioners,  auditor  and  treasurer,  neglecting  duties  of  board  of  o\;i miners,  sec- 
tion 1551. 

Commissioners,  interested  in  contracts,  section  1522. 

Commissioners,  \oting  on  contract  extending  beyond  term  of  office,  sections  1537,  IS.'lv 

County  and  district  recorders  violating  provisions  of  mining  act,  section  1638. 

County  officers,  failure  to  keep  open  offices  during  office  hours,  section  1565. 

County  surveyor,  neglect  of  duty,  sertion   ir>7.".. 

District  attorney  and  partner.  opposing  each  other  in  same  action,  section  1C]  1. 

District  attorney,  misfeasance  or  malfeasance  in  office,  section  1606. 

Drunkenness  in  office,  sections  2861-2863. 

Mayor  or  councilmen,  malfeasance  in  oHi<-e.  section  808. 

Municipal  officer,  refusing  examination  by  or  int'ormnt  ion  to  revenue  examiner,  sec- 
tion 983. 

Officers  authorized  to  take  acknowledgments,  failure  to  keep  records  of  official  acts, 
section  1099. 

Public  administrator,  misdemeanor  in  office,  section  1621. 

Salaried  officers,  neglect  to  pay  over  fees,  section  1698. 

Sheriff,  charging  illegal  fees,  section  1654. 

Town  or  city  officials  refusing  inspection  of  town  or  city  finances,  section  983. 

Voting  for  excessive  municipal  tax,  section  976. 

Voting  for  unlawful  municipal  indebtedness,  section  981. 

For  other  violations  of  official  duty  by  various  officers,  see  schedule  of  statutory  offenses 
under  other  titles  preceding  this  act. 

6332.  Intrusion  into  and  refusal  to  surrender  public  office. 

SEC.  67.  Every  person  who  shall  falsely  personate  or  represent  any 
public  officer,  or  who  shall  wilfully  intrude  himself  into  a  public  office  to 
which  he  has  not  been  duly  elected  or  appointed,  or  who  shall  wilfully  exer- 
cise any  of  the  functions  or  perform  any  of  the  duties  of  such  officer,  with- 
out having  duly  qualified  therefor,  as  required  by  law,  or  who,  having  been 
an  executive  or  administrative  officer,  shall  wilfully  exercise  any  of  the 
functions  of  his  office  after  his  rigftt  to  do  so  has  ceased,  or  wrongfully 
refuse  to  surrender  the  official  seal  or  any  books  or  papers  appertaining  to 
such  office,  upon  the  demand  of  his  lawful  successor,  shall  be  guilty  of  a 
gross  misdemeanor. 

6333.  Disturbing  legislature  or  intimidating  member. 

SEC.  68.     Every  person  who  shall  wilfully  disturb  the  legislature  of  this 
state,  or  either  house  thereof,  while  in  session,  or  who  shall  commit  any  dis- 
115 


Sec.  6384  CRIMES  AND  PUNISHMENTS  1822 

orderly  conduct  in  the  presence  or  view  of  either  house  thereof,  tending  to 
interrupt  its  proceedings  or  impair  the  respect  due  to  its  authority,  or  who 
wilfully,  by  intimidation  or  otherwise,  shall  prevent  any  member  of  the 
legislature  from  attending  any  session  of  the  house  of  which  he  shall  be  a 
member  or  any  committee  thereof,  or  from  giving  his  vote  upon  any  ques- 
tion which  may  come  before  such  house  or  committee,  or  from  performing 
any  other  official  act,  shall  be  guilty  of  a  gross  misdemeanor. 

6334.  Witness  refusing  to  attend  legislature  or  committee  or  to  testify. 
SEC.  69.     Every  person  duly  summoned  to  attend  as  a  witness  before 

either  house  of  the  legislature  of  this  state,  or  any  committee  thereof 
authorized  to  summon  witnesses,  who  shall  refuse  or  neglect,  without  law- 
ful excuse,  to  attend  pursuant  to  such  summons,  or  who  shall  wilfully  refuse 
to  be  sworn  or  to  affirm  or  to  answer  any  material  or  proper  question  or  to 
produce,  upon  reasonable  notice,  any  material  or  proper  books,  papers  or 
documents  in  his  possession  or  under  his  control,  shall  be  guilty  of  a  gross 
misdemeanor. 

6335.  Threats  to  induce  extortion,  penalty. 

SEC.  70.  If  any  person,  other  than  an  officer,  either  verbally  or  by  any 
written  or  printed  communication,  shall  maliciously  threaten  any  injury  to 
the  person  or  property  of  another,  with  intent  thereby  to  extort  money  or  any 
pecuniary  advantage  whatever,  or  to  compel  the  person  so  threatened  to 
pay  any  money  or  do  any  act  against  his  or  her  will,  he  shall  be  punished, 
upon  conviction  thereof,  by  imprisonment  in  the  county  jail  not  less  than 
six  months  nor  more  than  one  year,  or  by  a  fine  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  both. 

See  sees.  173,  474  and  556  of  this  act. 

6336.  Rescuing  prisoner. 

SEC.  71.  Every  person  who  shall,  by  force  or  fraud,  rescue  from  lawful 
custody,  or  from  an  officer  or. person  haying  him  in  lawful  custody,  a  pris- 
oner held  upon  a  charge,  arrest,  commitment,  conviction  or  sentence  for 
felony,  shall  be  guilty  of  a  felony;  and  every  person  who  shall  rescue  a 
prisoner  held  upon  a  charge,  arrest,  commitment,  conviction  or  sentence 
for  a  gross  misdemeanor  or  misdemeanor  shall  be  guilty  of  a  misdemeanor. 

6337.  Taking  property  from  an  officer. 

SEC.  72.  Every  person  who  shall  take  from  the  custody  of  any  officer 
or  other  person  any  personal  property  in  his  charge  under  any  process  of 
law,  or  who  shall  wilfully  injure  or  destroy  such  property,  shall  be  guilty 
of  a  misdemeanor. 

See  sec.  71715. 

6338.  Escaped  prisoner  recaptured. 

SEC.  73.  Every  person  in  custody,  under  sentence  of  imprisonment  for 
any  crime,  who  shall  escape  from  custody,  may  be  recaptured  and  impris- 
oned for  a  term  equal  to  the  unexpired  portion  of  the  original  term. 

6339.  Prisoner  escaping. 

SEC.  74.  Every  prisoner  confined  in  a  prison,  or  being  in  the  lawful 
custody  of  an  officer  or  other  person,  who  shall  escape  or  attempt  to  escape 
from  such  prison  or  custody,  by  force  or  fraud,  if  he  is  held  on  a  charge, 
conviction  or  sentence  of  a  felony,  shall  be  guilty  of  a  felony ;  if  held  on  a 
charge,  conviction  or  sentence  of  a  gross  misdemeanor  or  misdemeanor,  he 
shall  be  guilty  of  a  misdemeanor. 

Before  any  person  can  be  found  guilty  of  to  be  lawful.  It  is  the  legality  of  the 
prison  breaking,  the  imprisonment  from  imprisonment  and  not  the  guilt  or  innocence 
which  he  attempted  to  break  must  be  shown  of  the  defendant  which  determines  the  law- 


1823  CRIMES  AND  PUNISHMENTS  Sec.  6344 

fulness    of    his    confinement.      Kx    Parte    Ah  received  at  the  hands  of  the  prison  authori- 

I'.au.  in  Xev.  264.  ties   after   his    recapture,    having    nothing   to 

If   a   person   with    or   without   force   goes  do  with  the  question  of  guilt  or  innocence, 

away  from  his  place  of  lawful  custody  with-  was  properly  excluded.     State  v.  Angelo,  18 

nut  'authority  of  law,  the  offense  of  escap-  Xev.  -iiM  (4  P.  1080). 

inu  t'rom  jail  is  complete.  Defendant  offered  Where  a  person  is  confined  in  a  jail  under 
to  prove  in  excuse  and  mitigation  of  his  an  indictment  regularly  brought  against  him 
u-t  that  the  condition  of  the  jail  was  intol-  for  a  crime  and  lit1  attempts  to  escape,  he 
hie.  without  offering  to  show  that  he  commits  a  crime,  although  the  bench  war- 
had  used  any  lawful  means  of  relief  before  rant  under  which  he  was  arrested  was  irregu- 
t  shaping  therefrom:  Held,  that  the  testi-  larly  issued,  but,  when  the  imprisonment  is 
mony  as  to  the  condition  of  the  jail  was  unlawful,  the  right  to  liberty  is  absolute, 
properly  excluded.  State  v.  Davis,  14  Nev.  and  the  one  who  is  confined  is  not  guilty  of 
4:1:1.  the  offense  of  escape  by  regaining  it.  State 

Sufliciency   of   indictment   for   an   attempt  v.  Clark.  :\'2  Xev.   145(104  P.  r>«K5). 
to    escape   from    prison   considered   in    State  'Questions  of  fact  as  to  the  intention  of 

v.   Angelo.  18  Nev.  425  (4  P.  1080).  accused   in  making  an  attempted  escape  with 

State  v.  Clark,  32  Nev.  145.  which    he    was   charged    were   for  the  jury. 

The      punishment      which      the     prisoner  State  v.  Grady,  32  Nev.  154  (104  P.  566). 

S,M>  State  v.    Ryan,   10  Nev.  261. 

U.-UO.    Aiding  prisoner  to  escape. 

SEC.  75.  Every  person  who,  with  intent  to  effect  or  facilitate  the  escape 
of  a  prisoner,  whether  such  escape  shall  be  effected  or  attempted  or  not, 
shall  convey  or  send  to  a  prisoner  any  information  or  aid,  or  convey  or 
send  into  a  prison  any  disguise,  instrument,  weapon  or  other  thing,  or  aid 
or  assist  a  prisoner  in  escaping  or  attempting  to  escape  from  the  lawful 
custody  of  a  sheriff  or  other  officer  or  person,  shall  be  guilty  of  a  felony  if 
such  prisoner  is  held  upon  a  charge,  arrest,  commitment,  conviction  or  a 
sentence  for  felony,  and  shall  be  guilty  of  a  misdemeanor  if  such  prisoner  is 
held  upon  a  charge,  arrest,  commitment,  conviction  or  sentence  for  a  gross 
misdemeanor  or  misdemeanor. 

r>341.    Custodian  suffering  escape. 

SEC.  76.  Every  person  who  shall  allow  a  prisoner  lawfully  in  his  custody 
to  escape,  or  shall  connive  at  or  assist  such  escape,  or  shall  omit  any  act 
or  duty  by  reason  of  which  omission  such  escape  is  occasioned,  contributed 
to  or  assisted,  shall,  if  he  connive  at  or  assist  such  escape,  be  guilty  of  a 
felony ;  and  in  any  other  case,  of  a  gross  misdemeanor.  . 

Sheriff  or  jailer  permitting  escape,  sec.  1657. 

K342.    Ministerial  officer  permitting  escape. 

SEC.  77.  Every  officer  who  shall  ask  or  receive,  directly  or  indirectly 
any  compensation,  gratuity  or  reward,  or  promise  thereof,  to  procure, 
assist,  connive  at  or  permit  any  prisoner  in  his  custody  to  escape,  whether 
such  escape  shall  be  attempted  or  not,  or  shall  commit  any  unlawful  act  tend- 
ing to  hinder  justice,  shall  be  guilty  of  a  gross  misdemeanor. 

H343.    Concealing  escaped  prisoner. 

SEC.  78.  Every  person  who  shall  conceal,  or  harbor  for  the  purpose  of 
concealment,  a  prisoner  who  has  escaped  or  is  escaping  from  custody,  shall 
be  guilty  of  a  felony  if  the  prisoner  is  held  upon  a  charge  or  conviction  or 
sentence  of  felony,  and  of  a  misdemeanor  if  the  prisoner  is  held  upon  a 
charge  or  conviction  of  a  gross  misdemeanor  or  misdemeanor. 

H344.    Injury  to  public  record. 

SEC.  79.  Every  person  who  shall  wilfully  and  unlawfully  remove,  alter, 
mutilate,  destroy,  conceal  or  obliterate  a  record,  map,  book,  paper,  docu- 
ment or  other  thing  filed  or  deposited  in  a  public  office,  or  with  any  public 
officer,  by  authority  of  law,  shall  be  punished  by  imprisonment  in  the  state 
penitentiary  for  not  more  than  five  years,  or  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  by  both. 

Stealing,  altering  or  defacing  records,  sec.  2817. 


Sec.  6345  CRIMES  AND  PUNISHMENTS  1824 

6845.    Injury  to  and  misappropriation  of  record. 

SEC.  80.  Every  officer  who  shall  mutilate,  destroy,  conceal,  erase,  oblit- 
erate or  falsify  any  record  or  paper  appertaining  to  his  office,  or  who  shall 
fraudulently  appropriate  to  his  own  use  or  to  the  use  of  another  person,  or 
secrete  with  intent  to  appropriate  to  such  use,  any  money,  evidence  of  debt 
or  other  property  intrusted  to  him  by  virtue  of  his  office,  shall  be  punished 
by  imprisonment  in  the  state  penitentiary  for  not  more  than  ten  years,  or 
by  a  fine  of  not  more  than  five  thousand  dollars,  or  by  both. 

6346.  Altering:  legislative  measures. 

SEC.  81.  Every  person  who  fraudulently  alters  the  drafts  of  any  bill  or 
resolution  which  has  been  presented  to  either  of  the  houses  composing  the 
legislature  to  be  passed  or  adopted,  with  intent  to  procure  it  to  be  passed  or 
adopted  by  either  house  in  language  different  from  that  intended  by  such 
house,  is  guilty  of  felony,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  five  hundred  dollars  nor  more  than  two  thousand  dollars, 
or  confined  in  the  state  prison  for  a  period  not  less  than  one  year  nor  more 
than  five  years,  or  both. 

6347.  Altering  enrolled  bills. 

SEC.  82.  Every  person  who  fraudulently  alters  the  enrolled  copy  of  any 
bill  or  resolution  which  has  been  passed  or  adopted  by  the  legislature  of 
this  state,  with  intent  to  procure  it  to  be  approved  by  the  governor,  or  cer- 
tified by  the  secretary  of  state,  or  printed  or  published  by  the  printer  of  the 
statutes  in  language  different  from  that  in  which  it  was  passed  or  adopted 
by  the  legislature  is  guilty  of  felony,  and  shall  be  punished  as  provided  in 
the  preceding  section. 

6348.  Offering'  false  instrument  for  filing  or  record. 

SEC.  83.  Every  person  who  shall  knowingly  procure  or  offer  any  false 
or  forged  instrument  to  be  filed,  registered  or  recorded  in  any  public  office, 
which  instrument,  if  genuine,  might  be  filed,  registered  or  recorded  in  such 
office  under  any  law  of  this  state  or  of  the  United  States,  shall  be  punished 
by  imprisonment  in  the  state  penitentiary  for  not  more  than  five  years,  or 
by  a  fine  of  not  more  than  five  thousand  dollars,  or  by  both. 

6349.  False  report  by  public  officer. 

SEC.  84.  Every  public  officer  who  shall  knowingly  make  any  false  or 
misleading  statement  in  any  official  report  or  statement,  under  circum- 
stances not  otherwise  prohibited  by  law,  shall  be  guilty  of  a  gross 
misdemeanor. 

CHAPTER  12 

CRIMES  AND  OFFENSES  AGAINST  PUBLIC  JUSTICE 

6350.  Perjury  and  subornation.  6364.  Intimidating  public  officer. 

6351.  Attempt  to  suborn  perjury.  6365.  Malicious   prosecution — Penalties. 

6352.  Conviction  and  execution  of  innocent       6366.  Inducing  law  suit,  penalty. 

person  by  perjury,  deemed  murder.       6367.  Buying  or  promising  reward  by  justice 

6353.  "Oath"  and  "swear"  defined.  or  constable. 

6354.  Irregularity  in  administering  oath,  or       6368.  Criminal  contempt. 

incompetency  of  witness  no  defense. •     6369.  Grand    juror    acting    after    challf n-v 

6355.  Deposition,  when  complete.  allowed. 

6356.  Statement  of  what  one  does  not  know       6370.  Production  of  pretended  heir. 

to  be  true.  6371.  Substitution  of  child. 

6357.  Offering  false  evidence.  6372.  Instituting  suit  in  name  of  another. 

6358.  Destroying  evidence.  6373.  Unauthorized       communication       with 

6359.  Tampering  with  witness!  prisoner. 

6360.  Neglect  or  refusal  to  receive  a  person  6374.  Disclosing  transaction  of  grand  jury. 

into  custody.  6375.  Public  officer  making  false  certificate. 

6361.  Refusal  to  make  arrest  or  to  aid  officer.  6376.  False  auditing  and  paying  claims. 

6362.  Resisting  public  officer.  6377.  Conspiracy. 

6363.  Compounding  crimes.  6378.  Overt  act  not  necessary. 


L825  CRIMES  AND  PUNISHMENTS  Sec.  6357 


IL 
5350.    Perjury  and  subornation. 

SEC.  85.  Every  person  having  taken  a  lawful  oath,  or  made  affirmation 
in  a  judicial  proceeding,  or  in  any  other  matter  where,  by  law,  an  oath  or 
affirmation  is  required,  who  shall  wilfully  and  corruptly  make  an  unquali- 
fied statement  of  that  which  he  does  not  know  to  be  true,  or  who  shall  swear 
or  affirm  wilfully,  corruptly  and  falsely,  in  a  matter  material  to  the  issue 

•  or  point  in  question,  or  who  shall  suborn  any  other  person  to  make  such 
unqualified  statement,  or  to  swear  or  affirm,  as  aforesaid,  shall  be  deemed 
guilty  of  perjury,  or  subornation  of  perjury,  as  the  case  may  be,  and, 
upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  any  term  not  less  than  one  or  more  than  fourteen  years. 

It  is  jicrjurv  to  verify  an  answer  in  a  to  be  unquestionably  true.  Koeder  v.  Stein, 
civil  .-asc  whiVh  contains  denials  of  facts  23  Nev.  92(42  P.  867). 

known  by  the  person  making  the  verification  See   schedule   of   statutory   offenses   under 

other  titles,  "Perjury,"  preceding  this  act. 

r»851.    Attempt  to  suborn  perjury. 

SEC.  86.  Every  person  who,  without  giving,  offering  or  promising  a 
bribe,  shall  incite  or  attempt  to  procure  another  to  commit  perjury,  or  to 
offer  any  false  evidence,  or  to  withhold  true  testimony,  though  no  perjury 
be  committed  or  false  evidence  offered  or  true  testimony  withheld,  shall  be 
guilty  of  a  gross  misdemeanor. 


Conviction  and  execution  of  innocent  person  deemed  murder. 
SEC.  87.    Every  person  who,-  by  wilful  and  corrupt  perjury  or  suborna- 
tion of  perjury,  shall  procure  the  conviction  and  execution  of  any  inno- 
cent person,  shall  be  deemed  and  adjudged  guilty  of  murder,  and,  upon 
conviction  thereof,  shall  suffer  the  punishment  of  death. 

Cited,  Sins  v.  Hnllnrk.  14  Nrv.  336. 

<;U53.    "Oath"  and  "swear"  defined. 

SEC.  88.  The  term  "oath"  shall  include  an  affirmation  and  every  other 
mode  authorized  by  law  of  attesting  the  truth  of  that  which  is  stated.  A 
person  who  shall  state  any  matter  under  oath  shall  be  deemed  to  "swear" 
thereto. 

(»;;.")  1.    Irregularity  in  administering  oath  or  incompetency  of  witness  no 
defense. 

SEC.  89.  It  shall  be  no  defense  to  a  prosecution  for  perjury  that  an  oath 
was  administered  or  taken  in  an  irregular  manner  or  that  the  defendant 
was  not  competent  to  give  the  testimony,  deposition,  certificate  or  affidavit 
of  which  falsehood  is  alleged.  It  shall  be  sufficient  that  he  actually  gave 
such  testimony  or  made  such  deposition,  certificate  or  affidavit. 

<>855.    Deposition,  when  complete. 

SEC.  90.  The  making  of  a  deposition,  certificate  or  affidavit  shall  be  deemed 
to  be  complete  when  it  is  subscribed  and  sworn  to  or  affirmed  by  the 
defendant  with  intent  that  it  be  uttered  or  published  as  true. 

())>5().    Statement  of  what  one  does  not  know  to  be  true. 

SEC.  91.  Every  unqualified  statement  of  that  which  one  does  not  know 
to  be  true  is  equivalent  to  a  statement  of  that  which  he  knows  to  be  false. 

0857.    Offering  false  evidence. 

SEC.  92.  Every  person  who,  upon  any  trial,  hearing,  inquiry,  investiga- 
tion or  other  proceeding  authorized  by  law,  shall  offer  or  procure  to  be 
offered  in  evidence,  as  genuine,  any  book,  paper,  document,  record  or  other 
instrument  in  writing,  knowing  the  same  to  have  been  forged  or  fraud- 
ulently altered,  shall  be  punished  by  imprisonment  in  the  state  penitentiary 
for  not  more  than  ten  years. 


See.  6358  CRIMES  AND  PUNISHMENTS  1826 

6358.  Destroying'  evidence. 

SEC.  93.  Every  person  who,  with  intent  to  conceal  the  commission  of 
any  felony,  or  to  protect  or  conceal  the  identity  of  any  person  committing 
the  same,  or  with  intent  to  delay  or  hinder  the  administration  of  the  law 
or  to  prevent  the  production  thereof  at  any  time,  in  any  court  or  before 
any  officer,  tribunal,  judge  or  magistrate,  shall  wilfully  destroy,  alter, 
erase,  obliterate  or  conceal  any  book,  paper,  record,  writing,  instrument  or 
thing,  shall  be  guilty  of  a  gross  misdemeanor. 

6359.  Tampering  with  witness. 

SEC.  94.  Every  person  who  shall  wilfully  prevent  or  attempt  to  prevent, 
by  persuasion,  threats  or  otherwise,  any  person  frpm  appearing  before  any 
court,  or  officer  authorized  to  subpena  witnesses,  as  a  witness  in  any  action, 
proceeding  or  investigation,  with  intent  thereby  to  obstruct  the  course  of 
justice,  shall  be  guilty  of  a  gross  misdemeanor. 

6360.  Neglect  or  refusal  to  receive  a  person  into  custody. 

SEC.  95.  Every  officer  who,  in  violation  of  any  legal  duty,  shall  wilfully 
neglect  or  refuse  to  receive  a  person  into  his  official  custody  or  into  a  prison 
under  his  charge,  shall,  in  a  case  where  no  other  punishment  is  specially 
provided  by  law,  be  guilty  of  a  gross  misdemeanor. 

See  sec.  2820. 

6361.  Refusal  to  make  arrest  or  to  aid  officer. 

SEC.  96.  Every  person  who,  after  having  been  lawfully  commanded  by 
any  magistrate  to  arrest  another  person,  shall  wilfully  neglect  or  refuse 
so  to  do ;  and  every  person  who,  after  having  been  lawfully  commanded  to 
aid  an  officer  in  arresting  any  person,  or  in  retaking  any  person  who  has 
escaped  from  lawful  custody,  or  in  executing  any  lawful  process,  shall  wil- 
fully negect  or  refuse  to  aid  such  officer,  shall  be  guilty  of  a  misdemeanor. 

See  sees.  2833,  6863,  6956. 

Failure  to  aid  fish  warden  on  command,  sec.  2070. 

Refusal  to  aid  state  police,  sec.  4290. 

Refusing  to  join  posse  comitatus,  sec.  6606. 

6362.  Resisting  public  officer. 

SEC.  97.  Every  person  who,  in  any  case  or  under  any  circumstances  not 
otherwise  specially  provided  for,  shall  wilfully  resist,  delay  or  obstruct  a 
public  officer  in  discharging  or  attempting  to  discharge  any  legal  duty  of 
his  office,  shall  be  guilty  of  a  misdemeanor. 

Molestation  of  state  police  in  discharge  of  duty,  sec.  4291. 

6363.  Compounding  crimes. 

SEC.  98.  Every  person  who  shall  ask  or  receive,  directly  or  indirectly, 
any  compensation,  gratuity  or  reward,  or  any  promise  thereof,  upon  an 
agreement  or  understanding  that  he  will  compound  or  conceal  a  crime  or 
violation  of  a  statute,  or  abstain  from  testifying  thereto,  delay  a  prosecu- 
tion therefor  or  withhold  any  evidence  thereof,  except  in  a  case  where  a 
compromise  is  allowed  by  law,  shall  be  guilty— 

1.  Of  a  felony  and  punished  by  imprisonment  in  the  state  penitentiary 
for  not  more  than  five  years,  where  the  agreement  or  understanding  relates 
to  a  felony ; 

2.  Of  a  misdemeanor,  where  the  agreement  or  understanding  relates  to  a 
gross  misdemeanor  or  misdemeanor,  or  to  a  violation  of  statute  for  which 
a  pecuniary  penalty  or  forfeiture  is  prescribed. 

In  any  proceeding  against  a  person  for  compounding  a  crime,  it  shall 
not  be  necessary  to  prove  that  any  person  has  been  convicted  of  the  crime 
or  violation  of  statute  in  relation  to  which  an  agreement  or  understanding 
herein  prohibited  was  made. 


1827  CRIMES  AND  PUNISHMENTS  Sec.  6369 


Intimidating  public  officer. 
SEC.  99.  Every  person  who  shall  directly  or  indirectly,  address  any 
threat  or  intimidation  to  a  public  officer  or  to  a  juror,  referee,  arbitrator, 
appraiser  or  assessor,  or  to  any  other  person  authorized  by  law  to  hear  or 
determine  any  controversy  or  matter,  with  intent  to  induce  him,  contrary 
to  his  duty  to  do  or  make  or  to  omit  or  delay  any  act,  decision  or  determina- 
tion, shall  be  guilty  of  a  misdemeanor. 

6365.  .Malicious  prosecution—  Penalties. 

SEC.  100.  Every  person  who  shall,  maliciously  and  without  probable 
cause  therefor,  cause  or  attempt  to  cause  another  to  be  arrested  or  pro- 
ceeded against  for  any  crime  of  which  he  is  innocent— 

1.  If  such  crime  be  a  felony,  shall  be  punished  by  imprisonment  in  the 
state  penitentiary  for  not  more  than  five  years  ;  and, 

2.  If  such  crime  be  a  gross  misdemeanor  or  misdemeanor,  shall  be  guilty 
of  a  misdemeanor. 

6366.  Inducing  law  suit,  penalty. 

SEC.  101.  Every  person  who  shall  on  his  behalf  bring  or  instigate,  incite 
or  encourage  another  to  bring,  any  false  suit  at  law  or  in  equity,  in  any 
court  of  this  state,  with  intent  thereby  to  distress  or  harass  a  defendant 
therein,  shall  be  guilty  of  a  misdemeanor. 

6367.  Buying  or  promising  reward  by  Justin*  or  constable. 

SEC.  102.  Every  justice  of  the  peace  or  constable  who  shall,  directly  or 
indirectly,  buy  or  be  interested  in  buying  anything  in  action  for  the  purpose 
of  commencing  a  suit  thereon  before  a  justice  of  the  peace,  or  who  shall 
give  or  promise  any  valuable  consideration  to  any  person  as  an  inducement 
to  bring,  or  as  a  consideration  for  having  brought,  a  suit  before  a  justice 
of  the  peace,  shall  be  guilty  of  a  misdemeanor. 

See  sec.  L'si'l. 

6368.  rriminal  contempt. 

SEC.  103.  Every  person  who  shall  commit  a  contempt  of  court  of  any  one 
of  the  following  kinds  shall  be  guilty  of  a  misdemeanor  : 

1.  Disorderly,  contemptuous  or  insolent  behavior  committed  during  the 
sitting  of  the  court,  in  its  immediate  view  and  presence,  and  directly  tend- 
ing to  interrupt  its  proceedings  or  to  impair  the  respect  due  to  its  author- 
ity;  or, 

2.  Behavior  of  like  character  in  the  presence  of  a  referee,  while  actually 
engaged  in  a  trial  or  hearing  pursuant  to  an  order  of  court,  or  in  the  pres- 
ence of  a  jury  while  actually  sitting  in  the  trial  of  a  cause  or  upon  an 
inquest  or  other  proceeding  authorized  by  law  ;  or, 

3.  Breach  of  the  peace,  noise  or  other  disturbance  directly  tending  to 
interrupt  the  proceedings  of  a  court,  jury  or  referee  ;  or, 

4.  Wilful  disobedience  to  the  lawful  process  or  mandate  of  a  court  ;  or 

5.  Resistance,  wilfully  offered,  to  its  lawful  process  or  mandate  ;  or, 

6.  Contumacious  and  unlawful  refusal  to  be  sworn  as  a  witness  or,  after 
being  sworn,  to  answer  any  legal  and  proper  interrogatory  ;  or, 

7.  Publication  of  a  false  or  grossly  inaccurate  report  of  its  proceed- 
ings ;    or, 

8.  Assuming  to  be  an  attorney  or  officer  of  a  court  or  acting  as  such 
without  authority. 

See  sec.  2834. 

6369.  Grand  juror  acting  after  challenge  allowed. 

SEC.  104.  Every  grand  juror  who,  with  knowledge  that  a  challenge 
interposed  against  him  by  a  defendant  has  been  allowed,  shall  be  present 


Sec.  6370  CRIMES  AND  PUNISHMENTS  1828 

at,  or  take  part,  or  attempt  to  take  part,  in  the  consideration  of  the  charge 
against  the  defendant  who  interposed  such  challenge,  or  the  deliberations 
of  the  grand  jury  thereon,  shall  be  guilty  of  a  misdemeanor. 

6370.  Production  of  pretended  heir. 

SEC.  105.  Every  person  who  shall  fraudulently  or  falsely  pretend  that 
any  infant  child  was  born  of  a  parent  whose  child  is  or  would  be  entitled 
to  inherit  real  property  or  to  receive  any  personal  property,  or  who  shall 
falsely  represent  himself  or  another  to  be  a  person  entitled  to  an  interest 
or  share  in  the  estate  of  a  deceased  person  as  executor,  administrator,  hus- 
band, wife,  heir,  legatee,  devisee,  next  of  kin  or  relative  of  such  deceased 
person,  shall  be  punished  by  imprisonment  in  the  state  penitentiary  for 
not  more  than  ten  years. 

6371.  Substitution  of  child. 

SEC.  106.  Every  person  to  whom  a  child  has  been  confided  for  nursing, 
education  or  any  other  purpose,  who,  with  intent  to  deceive  a  person, 
guardian  or  relative  of  such  child,  shall  substitute  or  produce  to  such 
parent,  guardian  or  relative,  another  child  or  person  in  the  place  of  the 
child  so  confided,  shall  be  punished  by  imprisonment  in  the  state  peniten- 
tiary for  not  more  than  ten  years. 

6372.  Instituting-  suit  in  name  of  another. 

SEC.  107.  Every  person  who  shall  institute  or  prosecute  any  action  or 
other  proceeding  in  the  name  of  another,  without  his  consent  and  contrary 
to  law,  shall  be  guilty  of  a  gross  misdemeanor. 

6373.  Unauthorized  communication  with  prisoner. 

SEC.  108.  Every  person  who,  not  being  authorized  by  law  or  by  any 
officer  authorized  thereto,  shall  have  any  verbal  communication  with  any 
prisoner  in  any  jail,  prison  or  other  penal  institution,  or  shall  bring  into  or 
convey  out  of  the  same  any  writing,  clothing,  food,  tobacco  or  any  article 
whatsoever,  shall  be  guilty  of  a  misdemeanor. 

6374.  Disclosing  transaction  of  grand  jury. 

SEC.  109.  Every  judge,  grand  juror,  prosecuting  attorney,  clerk,  stenog- 
rapher or  other  officer  who,  except  in  the  due  discharge  of  his  official  duty, 
shall  disclose  the  fact  that  a  presentment  has  been  made  or  indictment 
found  or  ordered  against  any  person,  before  such  person  shall  be  in  cus- 
tody; and  every  grand  juror,  clerk  or  stenographer  who,  except  when 
lawfully  required  by  a  court  or  officer,  shall  disclose  any  evidence  adduced 
before  the  grand  jury,  or  any  proceeding,  discussion  or  vote  of  the  grand 
jury  or  any  member  thereof,  shall  be  guilty  of  a  misdemeanor. 

See  sec.  7031. 

6375.  Public  officer  making  false  certificate. 

SEC.  110.  Every  public  officer  who,  being  authorized  by  law  to  make  or 
give  a  certificate  or  other  writing,  shall  knowingly  make  and  deliver  as 
true  such  a  certificate  or  writing  containing  any  statement  which  he  knows 
to  be  false,  in  a  case  where  the  punishment  thereof  is  not  expressly  pre- 
scribed by  law,  shall  be  guilty  of  a  gross  misdemeanor. 

6376.  Falsely  auditing  and  paying  claims. 

SEC.  111.  Every  public  officer,  or  person  holding  or  discharging  the 
duties  of  any  public  office  or  place  of  trust  under  the  state  or  in  any  county, 
town  or  city,  a  part  of  whose  duty  it  is  to  audit,  allow  or  pay,  or  take  part 
in  auditing,  allowing  or  paying,  claims  or  demands  upon  the  state  or  such 
county,  town  or  city,  who  shall  knowingly  audit,  allow  or  pay,  or,  directly 
or  indirectly,  consent  to  or  in  any  way  connive  at  the  auditing,  allowance  or 


1829  CRIMES  AND  PUNISHMENTS  Sec,  6378 

payment  of  any  claim  or  demand  against  the  state  or  such  county,  town  or 
city,  which  is  false  or  fraudulent  or  contains  any  charge,  item  or  claim 
which  is  false  or  fraudulent,  shall  be  guilty  of  a  gross  misdemeanor. 

1^877.    Conspiracy. 
SEC.  112.    Whenever  two  or  more  persons  shall  conspire— 

1.  To  commit  a  crime;  or, 

2.  Falsely  and  maliciously  to  procure  another  to  be  arrested  or  proceeded 
against  for  a  crime ;  or, 

3.  Falsely  to  institute  or  maintain  any  action  or  proceeding ;  or, 

4.  To  cheat  or  defraud  another  out  of  any  property  by  unlawful  or 
fraudulent  means ;   or, 

5.  To  prevent  another  from  exercising  any  lawful  trade  or  calling,  or 
from  doing  any  other  lawful  act,  by  force,  threats  or  intimidation,  or  by 
interfering  or  threatening  to  interfere  with  any  tools,  implements  or  prop- 
erty belonging  to  or  used  by  another,  or  with  the  use  or  employment 
thereof;  or, 

6.  To  commit  any  act  injurious  to  the  public  health,  public  morals,  trade 
or  commerce,  or  for  the  perversion  or  corruption  of  public  justice  or  the 
due  administration  of  the  law ;  or, 

7.  To  accomplish  any  criminal  or  unlawful  purpose,  or  to  accomplish  a 
purpose,  not  in  itself  criminal  or  unlawful,  by  criminal  or  unlawful  means ; 

Every  such  person  shall  be  guilty  of  a  gross  misdemeanor. 

See  sec.  (MM. 

Neither  at  common  law  nor  under  statutes  ;i  confederation,  generally  secret,  of  many 
modifying  tin-  common-law  doctrine  is  it  persons  whose  intent  is  to  injure  another  by 
lawful  for  workmen  to  combine  to  injure  preventing  any  and  all  persons  from  doing 
.-mother's  business  by  causing  his  employees  business  with  him  through  fear  of  incurring 
to  leave  his  services  by  intimidation,  threats,  the  displeasure,  persecution,  and  vengeance 
molestation,  or  coercion,  and  such  a  com-  of  the  conspirators.  Branson  v.  I.  W.  W., 
hi  nation  constitutes  an  indictable  conspir-  30  Nev.  270  (95  P.  354). 

acy.     The  term  "boycott"  ordinarilv  means  See  State  v;  Hennessy,  29  Nev.  320  (90  P. 

221). 

6378.    Overt  act  not  necessary. 

SEC.  113.  In  any  such  proceeding  for  violation  of  section  112  of  this  act,  it 
shall  not  be  necessary  to  prove  that  any  overt  act  was  done  in  pursuance  of 
such  unlawful  conspiracy  or  combination. 

CHAPTER  13 
CRIMES  AGAINST  THE  PERSON 

.'.  Suicide  denned.  .  6399.  Mitigating      circumstances,      who      to 
6380.  Attempting  suicide,  penalty.                                          prove. 

i!3si.  Aiding  suicide,  manslaughter.  6400.  Excusable  homicide  by  misadventure. 

6382.  Abetting  attempt  at  suicide.  6401.  Appearing  justifiable,  acquittal. 

6383.  Incapacity  of  person  aided  no  defense.  6402.  Killing  in  self-defense. 

63  s4.  Murder  defined.  6403.  Killing  unborn  quick  child. 

6385.  Express  malice  defined.  6404.  Administering  poison. 

6386.  Degrees  of  murder — Punishment.  6405.  Woman  taking  drugs  to  procure  mis- 

6387.  Manslaughter  defined.  carriage. 

6388.  Voluntary  manslaughter  defined.  6406.  Killing  by  overloading  passenger  ves- 
<;."x!>.  When  punished  as  murder.  sel. 

6390.  Involuntary  manslaughter  defined.  6407.  Owner  of  vicious  animal  may  become 
391.  Manslaughter,  punishment.  guilty  of  manslaughter. 

6392.  Death  within  a  year  and  a  day.  6408.  Eeckless    operation    of    steamboat    or 

6393.  Place  of  trial  for  homicide.  engine. 

6394.  Justifiable  homicide  defined.  6409.  Keeping  explosive  unlawfully. 
639H.  What  necessary  for  defense.  6410.  Liability  of  intoxicated  physician. 
6390.  Justifiable  homicide  by  public   officer.       6411.  Assault  and  intimidation. 

6397.  What   considered  justifiable   or   excus-       6412.  Assault  defined. 

able  homicide.  6413.  Assault  with  intent  to  commit  crime. 

6398.  Homicide  by  other  person,  when  justi-       6414.  Assault  and  battery  defined,  penalty. 

fiable.  6415.  Provoking  assault. 


Sec.  6379  CRIMES  AND  PUNISHMENTS  1830 

G416.  Mayhem  defined,  penalty.  6428.  Libel  defined,  penalty. 

6417.  Idem — Instrument  or  manner  of  maim-       6429.  Publication  defined. 

ing.  6430.  Liability  of  editors  and  others. 

6418.  Idem — Eecovery  from  injury,  when  a       6431.  Venue — Punishment  restricted. 

defense.  6432.  Furnishing  libelous  information. 

6419.  Kidnaping  defined — How  punished.  6433.  Threatening  to  publish  libel. 

6420.  Selling  services  of  person  kidnaped.  6434.  Slander  of  women. 

6421.  Idem — Venue — Effect  of  consent.  6435.  Testimony  necessary  to  convict. 

6422.  Dueling — Death  by,  deemed  murder.  6436.  Slandering  character  of  woman. 

6423.  Disfranchisement  for  dueling.  6437.  Extortion  by  threats — Penalty. 

6424.  Competent  witness  in  trial  for  dueling.  6438.  Threatening    letters    or    writing — Pen- 

6425.  Posting  for  not  fighting  duel,  penalty.  alty. 

6426.  Penalty  for  dueling — Acting  as  second  6439.  Drawing     deadly    weapon — Duties     of 

— Deemed  manslaughter.  officers. 

6427.  Robbery  defined,  penalty.  6440.  False  imprisonment. 

6441.  Unlawful  to  keep  vicious  dog. 

6379.  Suicide  defined. 

SEC.  114.     Suicide  is  the  intentional  taking  of  one's  own  life. 

6380.  Attempting  suicide,  penalty. 

SEC.  115.  Every  person  who,  with  intent  to  take  his  own  life,  shall  com- 
mit upon  himself  any  act  dangerous  to  human  life,  or  which,  if  committed 
upon  or  toward  another  person  and  followed  by  death  as  a  consequence, 
would  render  the  perpetrator  chargeable  with  homicide,  shall  be  punished 
by  imprisonment  in  the  state  penitentiary  for  not  more  than  two  years,  or 
by  a  fine  of  not  more  than  one  thousand  dollars. 

See  State  v.  Lindsey,  19  Nev.  47  (3  A.  S.  776,  5  P.  822) . 

6381.  Aiding'  suicide,  manslaughter. 

SEC.  116.  Every  person  who,  in  any  manner,  shall  wilfully  advise, 
encourage, -abet  or  assist  another  in  taking  his  own  life  shall  be  guilty  of 
manslaughter. 

6382.  Abetting  attempt  at  suicide. 

SEC.  117.  Every  person  who,  in  any  manner,  shall  wilfully  advise, 
encourage,  abet  or  assist  another  person  in  attempting  to  take  the  latter's 
life  shall  be  punished  by  imprisonment  in  the  state  penitentiary  for  not 
more  than  ten  years. 

6383.  Incapacity  of  person  aided  no  defense. 

SEC.  118.  The  fact  that  the  person  attempting  to  take  his  own  life  was 
incapable  of  committing  crime  shall  not  be  a  defense  to  a  prosecution  under 
either  of  sections  116  or  117  of  this  act. 

6384.  Murder  defined. 

SEC.  119.  Murder  is  the  unlawful  killing  of  a  human  being,  with  malice 
aforethought,  either  express  or  implied.  The  unlawful  killing  may  be 

effected  by  any  of  the  various  means  by  which  death  may  be  occasioned. 

See  sec.  7174. 

To  convict  one  on  trial  for  murder  it  is  murder  was  formed  before  the  striking  of 

necessary,  not  only  to  prove  the  prisoner  the  fatal  blow.  Where  there  is  a  precon- 

committed  the  offense  charged,  but  commit-  ceived  design  to  commit  some  felony  other 

ted  it  within  the  territorial  jurisdiction  of  than  murder,  and  the  result  of  the  attempt, 

the  court  and  grand  jury  where  the  indict-  unintentional  on  the  part  of  the  felon,  proves 

ment  is  found.  The  defendant  under  all  cir-  fatal  to  a  human  being,  this  premeditated 

cumstances  is  entitled  to  an  instruction  felony  would  make  malice  aforethought  at 

embodying  these  two  principles  of  law.  On  common  law.  But  this  would  not  be  wailful, 

a  trial  for  murder,  the  good  character  of  the  deliberate,  premeditated  killing  under  our 

defendant  may  be  proved  to  explain  the  statute,  because  of  the  absence  of  intent  to 

motive  when  the  fact  of  the  killing  is  not-  take  life.  State  v.  Millain,  3  Nev.  409. 

denied.  People  v.  Gleason,  1  Nev.  173.  (See  dissenting  opinion  of  Lewis,  J.)  Idem. 

Length  of  time  for  deliberation  is  not  an  Where  the  pistol  with  which  the  crime 

essential  ingredient  in  murder  in  the  first  was  committed  belongs  to  defendant  and 

degree.  It  is  sufficient  if  the  design  to  was  found  in  the  defendant's  bedroom 


1831 


CRIMES  AND  PUNISHMENTS 


Sec,  G384 


shortly  after  a  homicide:  Held,  that  these 
facts  tended  to  establish  one  link  in  the 
chain  of  circumstantial  evidence  and  the 
court  was  not  authorized  to  withdraw  its 
consideration  from  the  jury.  The  fact  that 
other  parties  had  access  to  the  room  might 
have  the  tendency  to  weaken  the  force  of 
this  link,  but  it  would  not  of  itself  destroy 
it.  state  v.  Larkin,  11  Nev.  314. 

There  may  be  murder  without  any  intent 
to  kill.  A  voluntary  killing  which  is  com 
mitted  in  the  prosecution  of  a  felonious 
intent,  is  murder;  and  if  the  felony  attempted 
is  arson,  rape,  robbery,  or  burglary,  it  is 
murder  in  the  first  degree.  Taking  money 
from  the  person  of  another,  is  not  neces- 
sarily robbery  and  it  is  inaccurate  to  say 
in  an  instruction  that  killing  "in  the  attempt 
to  take  money"  is  murder  in  the  first  decree, 
state  v.  Lopez,  15  Nev.  407. 

An  in>truction  that  to  constitute  malice 
aforethought  it  was  only  necessary  that  there 
should  he  a  formed  intention  to  kill:  that 
malic.'  ;ifurethou-ht  means  the  intention  to 
kill:  Held,  error,  as  murder  is  an  inference 
to  be  drawn  from  all  the  facts  in  the  case 
and  i->  not  established  by  mere  proof  of  an 
intentional  killing,  for  there  may  be  an 
intentional  killing  iiv  justifiable  self-defense 
or  where  the  crime  onlv  amounts  to  man- 
slaughter. State  v.  Vaughan,  I"-'  Nev.  285 

A  murder  not  perpetrated  by  means  of 
poison,  lying  in  wait,  or  torture,  nor  in  the 
perpetration,  or  attempt  to  perpetrate,  arson, 
rape,  robbery  or  burglary,  can  only  become 
murder  in  tiie  first  degree  by  being  wilful, 
deliberate  and  premeditated;  an  instruction 
which  ignores  these  conditions,  and  informs 
the  jury  that,  if  they  find  that  the  defend 
ant  unlawfully  and  with  malice  aforethought 
killed  the  deceased,  their  verdict  must  be 
murder  in  the  first  degree,  is  erroneous.  The 
words  "wilful,  deliberate  and  premeditated," 
as  used  in  the  statute,  defining  murder  in 
the  first  degree,  are  not  synonymous  with 
•'malice  aforethought."  State  v.  Wong  Fun, 
22  Nev.  .336  (40  P.  95). 

See  State  v.  Thompson,  12  Nev.  140. 

A  surgeon  who  has  held  an  autopsy  may 
give  his  opinion  regarding  the  course  of  the 
bullet  and  incidentally  as  to  the  relative 
position  of  the  parties  at  the  time  the  fatal 
shot  was  fired,  (state  v.  Buralli,  27  Nev,  41 
(71  P.  532). 

Where  a  homicide  occurred  as  a  part  of 
a  continuous  assault  about  two  minutes 
after  the  robbery  and  was  for  the  apparent 
purpose  of  preventing  detection,  defendant 
was  guilty  of  murder  in  the  first  degree. 
State  v.  Williams,  28  Nev.  395  (82  P.  363). 

In  a  murder  case,  decedent  was  shot  twice, 
and  accused  admitted  firing  both  shots.  The 
first  shot  he  contended  was  fi-red  in  self- 
defense,  and  the  second  as  the  result  of  an 
accidental  discharge  of  his  weapon.  A  wit- 
ness who  saw  the  shooting  subsequently 
performed  an  autopsy,  and  testified,  describ- 
ing the  course  of  each  bullet,  and  that  the 
wound  from  either  shot  was  sufficient  to 
cause  death:  Held,  that  if  it  was  error  to 


permit  the  witness  to  give  his  opinion  as 
to  which  was  the  first  wound  received,  it 
was  not  prejudicial.  A  charge  that  it  is 
only  necessary  that  the  act  of  unlawful 
killing  be  preceded  by  a  concurrence  of  the 
will,  deliberation,  and  premeditation  on  the 
part  of  the  slayer,  if  erroneous  for  omitting 
the  words  "and  the  result  of,"  after  "pre- 
ceded by,"  it  was  not  prejudicial,  where 
accused  was  convicted  of  second-degree  mur- 
der. State  v.  Jackman,  31  Nev.  511  (104  P. 
13). 

The  statute  making  all  murder  by  poison, 
lying  in  wait,  or  torture,  or  any  other  kind 
df  wilful,  deliberate  and  premeditated  kill- 
in-,  or  that  committed  in  the  perpetration  or 
attempt  to  perpetrate  any  robbery  or  other 
enumerated  felony, murder  in  the  first  degree, 
and  under  an  indictment  charging  a  killing 
with  malice  aforethought.,  accused  may  be 
convicted  of  either  wilful,  deliberate,  and 
premeditated  killing,  or  of  a  killing  com- 
mitted in  the  perpetration  of  a  robbery, 
whether  wilful,  deliberate,  and  premeditated 
or  not;  but  if  the  indictment  should  allege 
that  a  killing  was  committed  in  the  perpe- 
tration of  a  robbery,  and  the  evidence  should 
indicate  that  the  killing  was  premeditated, 
but  not  in  the  perpetration  of  robbery,  the 
variance  would  be  fatal.  A  killing  com 
mitted  in  the  perpetration  of  a  robbery  is 
presumed  to  have  been  ^wilful,  deliberate 
and  premeditated.  State*  v.  Mangana,  33 
Nev,  —  (112  P.  693). 

The  words  "deliberate"  and  "premedi- 
tated," as  used  in  our  statutory  definition  of 
murder,  are  of  similar  import — each  implies 
the  other,  and  it  makes  no  difference  whether 
they  are  used  conjunctively  or  disjunctively. 
I  Miring  the  trial  defendant  moved  the 
court,  upon  an  affidavit  showing  the  mate- 
riality of  the  testimony,  to  order  an  exam- 
ination of  the  body  of  the  deceased,  and  to 
have  the  bullets  found  in  his  head  extracted 
and  produced  in  court:  Held,  that  the  court 
did  not  err  in  denying  the  motion.  State  v. 
Me  Lane,  15  Nev.  346. 

Charging  the  homicide  to  have  been  with 
"malice  aforethought"  is  tantamount  to  an 
averment  that  the  act  was  "wilful,  deliber- 
ate, and  premeditated."  State  v.  Hing,  16 
Nev.  307. 

Where  evidence  is  offered  to  prove  a  cer- 
tain state  of  facts,  and  the  claim  is  made 
that  they  are  proved,  the  court  should,  if 
requested  so  to  do,  charge  the  jury  what  the 
law  is  applicable  to  the  facts  claimed  to  be 
proved.  In  reviewing  an  instruction:  Held, 
that  it  mattered  not  which  of  the  parties 
owned  the  ore,  or  was  in  possession  of  it, 
lawfully  or  unlawfully,  since  the  verdict 
was  manslaughter  only;  that  in  any  event 
the  defendant  was  guilty  of  that  unless, 
without  his  own  fault,  he  had  reason  to 
believe,  and  did  believe,  as  a  reasonable 
man,  at  the  time  of  the  fatal  shot,  that  he 
was  in  serious  danger  of  receiving  great 
bodily  injury  or  of  losing  his  life  at  the 
hands  of  deceased.  When  the  character  of 
a  weapon  is  not  doubtful  and  does  not 
depend  upon  its  use,  as,  for  instance,  a 


Sec.  6385  CRIMES  AND  PUNISHMENTS  1832 

loaded  pistol,  the  court  has  the  right  to  tions  to  the  effect  that  in  the  event  of  the 
declare  it  a  deadly  weapon.  The  court,  of  defendant's  preparing  poison  with  suicidal 
its  own  motion,  instructed  the  jury:  "If  intent  and  the  deceased  person  having 
you  believe  from  the  evidence  that  the  drank  the  same  by  mistake  that  the  defend- 
defendant  is  guilty,  then,  if  the  defend-  ant  would  be  "liable  for  the  consequences," 
ant  has  proved  a  previous  good  character  in  the  same  connection  stating  correctly 
for  peace  and  quietness,  such  good  char-  what  the  consequences  would  be,  are  not 
acter  would  be  of  no  avail  to  him,  and  erroneous  or  misleading.  State  v.  Lindsey, 
would  not  authorize  an  acquittal":  Held,  19  Nev.  47  (3  A.  S.  776,  5  P.  822). 
not  erroneous.  Testimony  as  to  the  pre-  If  an  intent  to  commit  a  felony  be  aban- 
vious  good  character  of  a  defendant  is  doned  voluntarily  and  freely  before  the  act 
admissible  in  evidence  and  should  always  is  put  in  process  of  final  execution,  there 
be  considered  by  the  jury  in  connection  being  no  outside  cause  prompting  such 
with  all  the  other  facts  and  circumstances;  abandonment,  this  is  a  defense,  but  if  such 
but  if  the  jury  believe  from  the  evidence  abandonment  is  caused  by  fear  of  detec- 
that  the  defendant  is  guilty,  they  must  so  tion,  it  is  no  defense  if  the  attempt  pro- 
find,  notwithstanding  his  good  character.  gresses  sufficiently  towards  execution  to  be 
State  v.  Levigne,  17  Nev.  435  (30  P.  1084).  per  se  indictable  before  such  abandonment. 
When  a  defendant  is  convicted  of  the  Where  a  party,  while  attempting  to  perpe- 
crime  of  murder,  alleged  to  have  been  com-  trate  a  robbery,  shoots  and  kills  the  party 
mitted  by  the  administering  of  poison,  the  attempted  to  be  robbed,  he  is  guilty  of  mur- 
jury  may  find  the  defendant  guilty  of  mur-  der  in  the  first  degree.  The  jury  may  be 
der  in  the  second  degree,  for  the  reason  that  instructed  that  if  they  find  that  the  accused 
the  statute  leaves  the  question  of  degree  shot  and  killed  the  deceased  while  attempt- 
to  be  settled  by  the  jury.  If  the  jury  fix  ing  to  perpetrate  a  robbery  on  him,  they 
the  crime  at  murder  in  the  second  degree,  had  "no  option  but  to  find  the  perpetrator 
in  a  case  where  the  law  and  the  facts  make  guilty  of  murder  in  the  first  degree."  State 
it  murder  in  the  first  degree,  it  is  an  error  v.  Gray,  19  Nev.  213  (8  P.  456). 
in  favor  of  the  prisoner,  of  which  the  law  '  See  State  v.  Pierce,  8  Nev.  291;  State  v. 
will  not  take  any  cognizance,  and  of  which  Smith,  10  Nev.  106;  State  v.  Thompson,  12 
the  prisoner  ought  not  to  complain.  Instruc-  Nev.  140. 

6385.  Express  malice  defined. 

SEC.  120.  Express  malice  is  that  deliberate  intention  unlawfully  to  take 
away  the  life  of  a  fellow  creature,  which  is  manifested  by  external  circum- 
stances capable  of  proof. 

Express  malice  necessarily  renders  any  murder  murder  of  the  first  degree.  State  v.  Lopez, 
15  Nev.  408. 

6386.  Degrees  of  murder— Punishment. 

SEC.  121.  Malice  shall  be  implied  when  no  considerable  provocation 
appears,  or  when  all  the  circumstances  of  the  killing  show  an  abandoned 
and  malignant  heart.  All  murder  which  shall  be  perpetrated  by  means  of 
poison,  or  lying  in  wait,  torture,  or  by  any  other  kind  of  wilful,  deliberate, 
and  premeditated  killing,  or  which  shall  be  committed  in  the  perpetration, 
or  attempt  to  perpetrate,  any  arson,  rape,  robbery,  or  burglary,  shall  be 
deemed  murder  of  the  first  degree ;  and  all  other  kinds  of  murder  shall  be 
deemed  murder  of  the  second  degree ;  and  the  jury  before  whom  any  person 
indicted  for  murder  shall  be  tried,  shall,  if  they  find  such  person  guilty 
thereof,  designate  by  their  verdict  whether  it  be  murder  of  the  first  or 
second  degree ;  but,  if  such  person  shall  be  convicted  on  confession  in  open 
court,  the  court  shall  proceed,  by  examination  of  witnesses,  to  determine 
the  degree  of  the  crime,  and  give  sentence  accordingly.  Every  person  con- 
victed of  murder  in  the  first  degree  shall  suffer  death  or  confinement  in  the 
state  prison  for  life,  at  the  discretion  of  the  jury  trying  the  same ;  or  upon 
a  plea  of  guilty  the  court  shall  determine  the  same ;  and  every  person  con- 
victed of  murder  of  the  second  degree  shall  suffer  imprisonment  in  the 
state  prison  for  a  term  of  not  less  than  ten  years,  and  which  may  be 
extended  to  life. 

See  note  to  sec.  6384. 
See  sees.  6352,  6422,  6819. 

See  State  v.  Mangana,  33  Nev.— (112  P.  693) ;  State  v.  Millain,  3  Nev.  410,  441,  442,  472;  State 
v.  Little,  6  Nev.  283;  State  v.  Rover,  10  Nev.  390,  391;  State  v.  Thompson,  12  Nev.  145;  State  v. 


1833  CRIMES  AND  PUNISHMENTS  Sec.  6391 

Lope/,  i:>  Nev.  408,  418,  415;  State  v.  Hing,  Hi  Nov.  :H)S;  State  v.  Lindsey,  19  Nev.  49.  •">()  (;; 

A.  S.  77<;.  :>  I'.  822);   State  v.  Gray.  19  Nev.  L'19  (S  ]'.  4^;    Kx  Parte  Curnow,  '21  Nev.  35  (iM  I'. 

Mate  v.  Wong  Furi,  22  Nev.  841  (40  P.  9.'0  ;  Ex  Parte  Dela,  •_'.'»  Nev.  :5r>:i  (88  A.  S.  HO:;, 


6387.  Manslaughter  defined. 

SEC.  122.  Manslaughter  is  the  unlawful  killing  of  a  human  being,  with- 
out malice  express  or  implied,  and  without  any  mixture  of  deliberation.  It 
must  be  voluntary,  upon  a  sudden  heat  of  passion,  caused  by  a  provocation 
apparently  sufficient  to  make  the  passion  irresistible;  or,  involuntary,  in 
the  commission  of  an  unlawful  act,  or  a  lawful  act  without  due  caution  or 
circumspection. 

Where  there  is  no  evidence  tending  to  shiughter.  st:ite  v.  .Johnny,  29  Nev.  iMK! 
reduce  a  homicide  to  the  grade  of  man-  (87  P.  3).  citing  to  same  effect  State  v. 
s!;i  lighter,  it  is  not  error  for  the  court  to  l>mn>v:in,  .10  Nev.  36;  State  v.  Millain,  3 
]••  HIM-  instructions  upon  the  l:i\v  of  man-  Nev.  4iM». 

See  State  v.  Smith,  10  Nev.  106. 

6388.  Voluntary  manslaughter  defined. 

SEC.  123.  In  cases  of  voluntary  manslaughter,  there  must  be  a  serious 
and  highly  provoking  injury  inflicted  upon  the  person  killing,  sufficient  to 
excite  an  irresistible  passion  in  a  reasonable  person,  or  an  attempt  by  the 
person  killed  to  commit  a  serious  personal  injury  on  the  person  killing. 

6381).    When  punished  as  murder. 

SEC.  124.  The  killing  must  be  the  result  of  that  sudden,  violent  impulse 
of  passion  supposed  to  be  irresistible  ;  for,  if  there  should  appear  to  have 
been  an  interval  between  the  assault  or  provocation  given  and  the  killing, 
sufficient  for  the  voice  of  reason  and  humanity  to  be  heard,  the  killing  shall 
be  attributed  to  deliberate  revenge,  and  punished  as  murder. 

6390.  Involuntary  manslaughter  defined. 

SEC.  125.  Involuntary  manslaughter  shall  consist  in  the  killing  of  a 
human  being,  without  any  intent  so  to  do,  in  the  commission  of  an  unlawful 
act,  or  a  lawful  act  which  probably  might  produce  such  a  consequence  in  an 
unlawful  manner;  provided,  that  where  such  involuntary  killing  shall 
happen  in  the  commission  of  an  unlawful  act,  which,  in  its  consequences, 
naturally  tends  to  destroy  the  life  of  a  human  being,  or  is  committed  in  the 
prosecution  of  a  felonious  intent,  the  offense  shall  be  deemed  and  adjudged 
to  be  murder. 

There  is  no  such  crime  known  to  the  law  victed  of  an  attempt  to  commit  that  offense. 

ftfl  an  attempt  to  commit  embracery.  Embrac-  Ex  Parte  Finnegan,  27  Nev.  57  (71  P.  642). 

•  TV  is  itself  but  an  attempt  to  do  wrong.     It  The    word    "attempt"    used    in    an    indict- 

is    a    crime    to    solicit    another    to    commit  ment  charging  a  defendant  with  an  attempt 

embracery.     State  v.  Sales,  2  Nev.  268.  to   escape  from  jail  implies  both  an   intent 

ruder  an  indictment  for  murder  a  defend-  and  an  endeavor  to  accomplish  such  escape. 

ant  may  be  lawfully  convicted  of  an  assault  State  v.  Clark,  32  Nev.  145  (104  P.  593). 

with    intent   to   kill.     Ex  Parte   Curnow,   21  An   attempt   to   commit   a   crime  contains 

Ne\.  33  (24  P.  430).  three     elements—  the    intent,    the    perform- 

Where  the   evidence   shows   defendant  to  ance  of  some  act  toward  its  commission,  and 

be    guilty    of   robbery,    he   cannot    complain  failure   of  consummation.     State  v.   Thomp- 

that    he    was    convicted    of    an    attempt    to  son,  31  Nev.  209  (101  P.  557). 

commit    the    crime.     State    v.    O'Keefe,    23  See  State  v.  Eaymond,  33  Nev.  —  (117  P. 

Nev.  127  (62  A.  S.  768,  43  P.  918).  1);    State    v.    Kelly,    1    Nev.    227;    State    v. 

This   section   applies  to   all   offenses   then  Harris,    12    Nev.    422;    State    v.    Lopez,    15 

or  thereafter  defined  by  statute,  and  there-  Nev.  408,  413,  415;   State  v.  Gray,  19  Nev. 

fore  one  charged  under  a  later  statute  with  220  (8   P.   456)  ;    State   v.   Hartley,   22    Nev. 

selling    liquor    to    an    Indian    may    be    con-  362  (28  L.  E.  A.  33,  40  P.  372). 

6391.  Manslaughter,  punishment. 

SEC.  126.  Every  person  convicted  of  the  crime  of  manslaughter  shall 
be  punished  by  imprisonment  in  the  state  prison  for  a  term  not  exceeding 
ten  years. 


Sec.  6392  CRIMES  AND  PUNISHMENTS  1834 

6392.  Death  within  a  year  and  a  day. 

SEC.  127.  In  order  to  make  the  killing  either  murder  or  manslaughter, 
it  is  requisite  that  the  party  die  within  a  year  and  a  day  after  the  stroke 
received,  or  the  cause  of  death  administered,  in  the  computation  of  which 
the  whole  of  the  day  on  which  the  act  was  done  shall  be  reckoned  the  first. 

An  indictment  charging  that  a  mortal  time,  sufficiently  charges  that  death  occurred 
wound  was  inflicted  on  a  date  about  four  within  a  year  and  a  day  after  the  infliction 
months  before  the  finding  of  the  indictment,  of  the  wound.  State  v.  Williams,  31  Nev. 
and  that  deceased  died  from  it  in  the  mean-  360  (102  P.  974). 

See  State  v..  Huff,  11  Nev.  20. 

6393.  Place  of  trial  for  homicide. 

SEC.  128.  If  the  injury  be  inflicted  in  one  county,  and  the  party  die 
within  another  county,  or  without  the  state,  the  accused  shall  be  tried  in 
the  county  where  the  act  was  done,  or  the  cause  of  death  administered.  If 
the  party  killing  shall  be  in  one  county,  and  the  party  killed  in  another 
county,  at  the  time  the  cause  of  death  shall  be  administered,  the  accused 
may  be  tried  in  either  county. 

6394.  Justifiable  homicide  defined. 

SEC.  129.  Justifiable  homicide  is  the  killing  of  a  human  being  in  neces- 
sary self-defense,  or  in  defense  of  habitation,  property,  or  person,  against 
one  who  manifestly  intends,  or  endeavors,  by  violence  or  surprise,  to  com- 
mit a  felony,  or  against  any  person  or  persons  who  manifestly  intend  and 
endeavor,  in  a  violent,  riotous,  or  tumultuous  manner,  to  enter  the  habita- 
tion of  another,  for  the  purpose  of  assaulting  or  offering  personal  violence 
to  any  person  dwelling  or  being  therein. 

See  sees.  6384,  6395,  6859-6861. 

A    requested    instruction,    on    a    trial    for  Threats  by  decedent  to  kill  defendant  the 

murder,  .wherein  it  was  contended  that  the  first  time  he  saw  him,  made  within  an  hour 

killing  was  in  defense,  not  only  of  defend-  before  the  shooting,  are  admissible,  although 

ant,  but  also  of  another,  that  the  law  makes  they  were  not  communicated  to   defendant, 

it  the  duty  of  everyone  who  sees  a  felony  on  the  issue  of  who  was  the  aggressor.     State 

attempted  by  violence  to  prevent  it,  if  possi-  v.  Jackman,  29  Nev.  403  (91  P.  143). 

ble,  and  that  one  may  kill  in  the  defense  of  While    the    burden    of    establishing    self- 

another  under  the  same  circumstances  that  defense  is  on  accused,  he  is  not  required  to 

he  would  have  a  right  to  kill  in  defense  of  establish    such    fact    beyond    a    reasonable 

himself,    should   have   been    given,    notwith-  doubt;     an     instruction  "  requiring     such     a 

standing    an    instruction    was    given    which  degree  of  proof  is  prejudicial  error.     State 

was  substantially  the  statutory  definition  of  v.  Skinner,  32  Nev.  70  (104  P.  223). 

justifiable  homicide.     State  v.  Hennessy,  29  See  State  v.  Smith,  10  Nev.  106;  State  v. 

Nev.  320  (90  P.  221).  Hartley,  22  Nev.  362  (28  L.  K.  A.  33,  40  P. 

372);  State  v.  Stewart,  9  Nev.  121. 

6395.  What  necessary  for  defense. 

SEC.  130.  A  bare  fear  of  any  of  these  offenses,  to  prevent  which  the 
homicide  is  alleged  to  have  been  committed,  shall  not  be  sufficient  to  justify 
the  killing.  It  must  appear  that  the  circumstances  were  sufficient  to  excite 
the  fears  of  a  reasonable  person,  and  that  the  party  killing  really  acted 
under  the  influence  of  those  fears  and  not  in  a  spirit  of  revenge. 

See  sees.  6384,  6394. 

Where  a  person,  without  voluntary  seek-  cide  was  committed  in  malice  or  was 

ing.  provoking,  inviting,  or  willingly  engag-  prompted  by  the  instinct  of  self  preservation: 

ing  in  a  difficulty  of  his  own  free  will,  is  Held,  upon  a  review  of  the  facts,  that  no 

attacked  by  an  assailant,  and  it  is  necessary  evidence  as  to  the  character  of  the  deceased 

for  him  to  take  the  life  of  his  assailant  to  would'  have  justified  defendant's  action,  or 

protect  his  own,  then  he  need  not  flee  for  had  any  tendency  to  reduce  the  offense, 

safety,  but  has  the  right  to  stand  his  ground  State  v.  Pearce,  15  Nev.  188;  State  v. 

and  slay  his  adversary.  State  v.  Grimet,  33  Levigne,  17  Nev.  435(30  P.  1084);  State 

Nev.  —  (112  P.  273).  v.  Harrington,  12  Nev.  136;  State  v.  Stewart, 

The  character  of  the  deceased  can  only  be  9  Nev.  121;  State  v.  Smith,  10  Nev.  106; 

brought  in  issue  where  the  circumstances  are  State  v.  Hartley,  22  Nev.  362  (28  L.  E.  A.  33, 

such  as  to  raise  a  doubt  whether  the  homi-  40  P.  372). 


835  CRIMES  AND  PUNISHMENTS  Sec.  6401 


.Justifiable  homicide  by  public  officer. 
SEC.  131.     Homicide  is  justifiable  when  committed  by  a  public  officer,  or 
person  acting  under  his  command  and  in  his  aid,  in  the  following  cases : 

1.  In  obedience  to  the  judgment  of  a  competent  court. 

2.  When  necessary  to  overcome  actual  resistance  to  the  execution  of  the 
legal  process,  mandate  or  order  of  a  court  or  officer,  or  in  the  discharge  of 
a  legal  duty. 

3.  When  necessary  in  retaking  an  escaped  or  rescued  prisoner  who  has 
been  committed,  arrested  for,  or  convicted  of  a  felony;   or  in  arresting  a 
person  who  has  committed  a  felony  and  is  fleeing  from  justice;    or  in 
attempting,  by  lawful  ways  or  means,  to  apprehend  a  person  for  a  felony 
actually  committed;    or  in  lawfully  suppressing  a  riot  or  preserving  the 
peace. 

See;State  v.  Fer-ns.Mi.  '.'  N'ev.  Int.. 

KMT.     What  considered  justifiable  or  excusable  homicide. 

SEC.  132.  All  other  instances  which  stand  upon  the  same  footing  of 
reason  and  justice  as  those  enumerated,  shall  be  considered  justifiable  or 
excusable  homicide. 

f>398.    Homicide  by  other  person,  when  justifiable. 
SEC.  133.    Homicide  is  also  justifiable  when  committed  either— 

1.  In  the  lawful  defense  of  the  slayer,  or  his  or  her  husband,  wife,  parent, 
child,  brother  or  sister,  or  of  any  other  person  in  his  presence  or  company, 
when  there  is  reasonable  ground  to  apprehend  a  design  on  the  part  of  the 
person  slain  to  commit  a  felony  or  to  do  some  great  personal  injury  to  the 
slayer  or  to  any  such  person,  and  there  is  imminent  danger  of  such  design 
being  accomplished ;  or, 

2.  In  the  actual  resistance  of  an  attempt  to  commit  a  felony  upon  the 
slayer,  in  his  presence,  or  upon  or  in  a  dwelling,  or  other  place  of  abode, 
in  which  he  is. 

sees.  6869  r,s»;i. 

See  State  v.  Hennessy,  2«.i  NYv.  32O  .'.«)  1'.  •_'•_' 1  i.  under  MC,  i»3'.M. 

OIUH).    Mitigating  circumstances,  who  to  prove. 

SEC.  134.  The  killing  being  proved,  the  burden  of  proving  circumstances 
of  mitigation,  or  that  justify  or  excuse  the  homicide,  will  devolve  on  the 
accused,  unless  the  proof  on  the  part  of  the  prosecution  sufficiently  mani- 
fests that  the  crime  committed  only  amounts  to  manslaughter,  or  that  the 
accused  was  justified,  or  excused  in  committing  the  homicide. 

See  State  v.  Skinner,  32  Nev.  70  (104  P.  223);  State  v.  McCluer,  5  Nev.  137;  State  v.  Pierce, 
s  Nev.  .'502;  State  v.  Marks,  15  Nev.  37. 

(UOO.    Excusable  homicide  by  misadventure. 

SEC.  135.  Excusable  homicide  by  misadventure,  is  when  a  person  is 
doing  a  lawful  act,  without  any  intention  of  killing,  yet  unfortunately  kills 
another,  as  where  a  man  is  at  work  with  an  ax,  and  the  head  flies  off  and 
kills  a  bystander,  or  where  a  parent  is  moderately  correcting  his  child,  or 
a  master  his  pupil,  or  an  officer  punishing  a  criminal,  and  happens  to 
occasion  death,  it  is  only  a  misadventure,  for  the  act  of  correction  was 
lawful ;  but  if  a  parent  or  master  exceed  the  bounds  of  moderation,  or  the 
officer  the  sentence  under  which  he  acts,  either  in  the  manner,  the  instru- 
ment, or  quantity  of  punishment,  and  death  ensue,  it  will  be  manslaughter 
or  murder,  according  to  the  circumstances  of  the  case. 

f)401.    Appearing  justifiable,  acquittal. 

SEC.  136.  The  homicide  appearing  to  be  justifiable  or  excusable,  the 
person  indicted  shall,  upon  his  trial,  be  fully  acquitted  and  discharged. 


Sec.  6402  CRIMES  AND  PUNISHMENTS  1836 

6402.  Killing  in  self-defense. 

SEC.  137.  If  a  person  kill  another  in  self-defense,  it  must  appear  that  the 
danger  was  so  urgent  and  pressing,  that,  in  order  to  save  his  own  life,  or 
to  prevent  his  receiving  great  bodily  harm,  the  killing  of  the  other  was 
absolutely  necessary ;  and  it  must  appear,  also,  that  the  person  killed  was 
the  assailant,  or  that  the  slayer  had  really,  and  in  good  faith,  endeavored 
to  decline  any  further  struggle  before  the  mortal  blow  was  given. 

See  State  v.  Grimet,  33  Nev.—  (112  P.  273),  under  sec.  6395;  Stater.  Forsha,  8  Nev.  140; 
State  v.  Smith,  10  Nev.  122. 

6403.  Killing*  unborn  quick  child. 

SEC.  138.  The  wilful  killing  of  an  unborn  quick  child,  by  any  injury 
committed  upon  the  mother  of  such  child,  is  manslaughter. 

6404.  Administering  poison. 

SEC.  139.  Every  person  who  shall  wilfully  and  maliciously  administer, 
or  cause  to  be  administered  to  or  taken  by  any  person,  any  poison,  or  other 
noxious  or  destructive  substance  or  liquid,  with  the  intention  to  cause  the 
death  of  such  person,  and  being  thereof  duly  convicted,  shall  be  punished 
by  imprisonment  in  the  state  prison  for  a  term  not  less  than  ten  years,  and 
which  may  extend  to  life. 

6405.  Woman  taking  drugs  to  procure  miscarriage. 

SEC.  140.  Every  woman  quick  with  child  who  shall  take  or  use,  or  sub- 
mit to  the  use  of,  any  drug,  medicine  or  substance,  or  any  instrument  or 
other  means,  with  intent  to  procure  her  own  miscarriage,  unless  the  same 
is  necessary  to  preserve  her  own  life  or  that  of  the  child  whereof  she  is 
pregnant,  and  thereby  causes  the  death  of  such  child,  shall  be  guilty  of 
manslaughter. 

6406.  Killing  by  overloading  passenger  vessel. 

SEC.  141.  Every  person  navigating  a  vessel  for  gain  who  shall  wilfully 
or  negligently  receive  so  many  passengers  or  such  a  quantity  of  other  lading 
on  board,  that  by  means  thereof  such  vessel  shall  sink,  be  overset  or 
injured,  and  thereby  a  human  being  shall  be  drowned  or  otherwise  killed, 
shall  be  guilty  of  manslaughter. 

6407.  Owner  of  vicious  animal  may  become  guilty  of  manslaughter. 
SEC.  142.     If  the  owner  or  custodian  of  any  vicious  or  dangerous  animal, 

knowing  its  propensities,  shall  wilfully  or  negligently  allow  it  to  go  at 
large,  and  such  animal  while  at  large  shall  kill  a  human  being  not  himself 
in  fault,  such  owner  or  custodian  shall  be  guilty  of  manslaughter. 

6408.  Reckless  operation  of  steamboat  or  engine. 

SEC.  143.  Every  person  having  charge  of  a  steamboat  used  for  the  con- 
veyance of  passengers,  or  of  a  boiler  or  engine  thereof,  who,  from  igno- 
rance, recklessness  or  gross  negligence,  or  for  the  purpose  of  excelling 
another  boat  in  speed,  shall  create  or  allow  to  be  created  such  an  undue 
quantity  of  steam  as  to  burst  the  boiler  or  other  apparatus  in  which  it  is 
generated  or  contained,  or  to  break  any  apparatus  or  machinery  connected 
therewith,  whereby  the  death  of  a  human  being  is  occasioned ;  and  every 
engineer  or  other  person  haying  charge  of  a  steam  boiler,  steam  engine  or 
other  apparatus  for  generating  or  applying  steam,  who,  wilfully  or  from 
ignorance  or  gross  negligence,  shall  create  or  allow  to  be  created  such  an 
undue  quantity  of  steam  as  to  burst  the  boiler,  engine  or  apparatus,  or  to 
cause  any  other  accident,  whereby  the  death  of  a  human  being  is  occa- 
sioned, shall  be  guilty  of  manslaughter. 


1837  CRIMES  AND  PUNISHMENTS  Sec.  6413 

6409.  Keeping  explosive  unlawfully. 

SEC.  144.  Every  person  who  shall  make  or  keep  gunpowder,  or  any 
other  explosive  substance,  in  a  city  or  village,  in  any  quantity  or  manner 
prohibited  by  law  or  by  ordinance  of  such  municipality,  if  an  explosion 
thereof  shall  occur  whereby  the  death  of  a  human  being  is  occasioned,  shall 
be  guilty  of  manslaughter. 

See  sees.  1947,  tiotiO. 

6410.  Liability  of  intoxicated  physician. 

SEC.  145.  Every  physician  or  surgeon,  or  person  practicing  as  such,  who, 
being  in  a  state  of  intoxication,  or  under  the  influence  of  any  narcotic  drug, 
shall  prescribe  or  administer  any  poison,  drug  or  medicine,  or  do  any  other 
act  as  a  physician,  to  another  person,  which,  though  done  without  design, 
shall  cause  the  death  of  the  latter,  shall  be  guilty  of  manslaughter. 

6411.  Assault  and  intimidation. 

SEC.  146.  If  any  person  shall  assault  and  beat  another  with  a  cowhide, 
stick,  or  whip,  having  at  the  time,  in  his  possession,  a  pistol  or  other  deadly 
weapon,  with  intent  to  intimidate  and  prevent  the  person  assaulted  from 
defending  himself,  such  person  shall,  on  conviction  thereof,  be  imprisoned 
in  the  state  prison  not  less  than  one  or  more  than  ten  years. 

641-2.     Assault  defined. 

SEC.  147.  An  assault  is  an  unlawful  attempt,  coupled  with  a  present 
ability,  to  commit  a  violent  injury  on  the  person  of  another,  and  every  per- 
son convicted  thereof  shall  be  fined  not  exceeding  five  hundred  dollars,  or 
imprisoned  in  the  county  jail  not  exceeding  six  months. 

Sec  note  t»>  sec.  (1413. 

See  State  v.  O'Connor,  II  Nev.  I  •_':'.:  State  ex  rel.  Quinn  v.  District  Court,  16  Nev.  76;  State 

v.  Warren,  is  Nev.  I'',:;  (5  P.  134). 

6418.    Assault  with  intent  to  commit  a  crime. 

SEC.  148.  An  assault  with  intent  to  kill,  commit  rape,  the  infamous 
crime  against  nature,  mayhem,  robbery,  or  grand  larceny,  shall  subject  the 
offender  to  imprisonment  in  the  state  prison  for  a  term  not  less  than  one 
year,  nor  more  than  fourteen  years;  provided,  that  if  an  assault  with 
intent  to  commit  rape  be  made,  and  if  such  crime  be  accompanied  with 
acts  of  extreme  cruelty  and  great  bodily  injury  inflicted,  the  person  guilty 
thereof  shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term 
of  not  less  than  fourteen  years,  or  he  shall  suffer  death,  if  the  jury  by  their 
verdict  affix  the  death  penalty.  An  assault  with  a  deadly  weapon,  instru- 
ment or  other  thing,  with  an  intent  to  inflict  upon  the  person  of  another  a 
bodily  injury,  where  no  considerable  provocation  appears,  or  where  the 
circumstances  of  the  assault  show  an  abandoned  and  malignant  heart,  shall 
subject  the  offender  to  imprisonment  in  the  state  prison  not  less  than  one 
year  or  exceeding  two  years,  or  to  a  fine  not  less  than  one  thousand,  nor 
exceeding  five  thousand  dollars,  or  to  both  such  fine  and  imprisonment. 

In  an  indictment  for  assault  with  a  deadly  themselves  alone  be  shown  as  evidence  of 
weapon  with  intent  to  inflict  upon  the  per-  a  provocation  for  the  assault.  In  cases 
son  of  another  a  bodily  injury,  which  is  in  where  a  provocation  either  mitigates  or  jus- 
other  respects  good,  the  mere  addition  of  titles  an  ac.t  of  violence,  such  an  act  must 
the  words  "did  strike  and  stab"  are  simply  be  the  immediate  result  of  and  closely  fol- 
surplusage  and  do  not  vitiate.  In  a  prosecu-  low  the  provocation.  As  a  general  rule,  the 
tion  for  an  assault  with  a  deadly  weapon  determination  as  to  what  length  of  time 
with  intent  to  inflict  upon  the  person  of  may  intervene  between  an  act  of  provoca- 
another  a  bodily  injury,  properly  charged,  a  tion  and  the  commission  of  a  crime  should 
verdict  of  "guilty"  is  in  effect  a  verdict  of  be  left  to  the  jury,  when  the  provocation  is 
guilty  as  charged  in  the  indictment.  Acts  not  so  far  distant  as  to  leave  no  doubt.  The 
occurring  a  day  or  two  prior  to  the  assault  simple  exercise  of  a  legal  right,  no  matter 
and  known  to  the  defendant  cannot  of  how  offensive  to  another,  is  never '  in  law 

116 


Sec.  6414 


CRIMES  AND  PUNISHMENTS 


1838 


deemed  provocation  sufficient  to  justify  or 
mitigate  an  act  of  violence.  Under  the 
statute  relating  to  the  crime  of  assault  with 
a  deadly  weapon  with  intent  to  inflict  upon 
the  person  of  another  a  bodily  injury,  a 
court  has  no  authority  to  impose  a  fine  of 
any  sum  less  than  one  thousand  dollars, 
though  the  sentence  may  also  be  for 
imprisonment.  Where  the  court  below  in  a 
criminal  case  imposed  a  less  fine  than  that 
fixed  by  statute,  it  was  on  appeal  stricken 
out  from  the  sentence.  State  v.  La  wry,  4 
Nev.  161. 

An  intent  to  murder  cannot  be  conclu- 
sively inferred  from  the  mere  use  of  a 
deadly  weapon;  and  an  instruction  to  the 
jury  to  that  effect  in  a  murder  trial,  is 
error.  When  a  deadly  weapon  is  used  in  a 
manner  likely  to  occasion  the  death  of 
another,  and  death  is  the  result,  the  pre- 
sumptions are  that  the  person  using  it 
intended  to  kill,  and  that  such  intent  is  a 
malicious  one,  but  neither  presumption  is 
conclusive.  State  v.  Newton,  4  Nev.  410. 

To  constitute  the  crime  of  assault  with  a 
deadly  weapon  with  intent  to  inflict  a  bodily 
injury,  there  must  be  an  unlawful  attempt 
Avith  a  weapon,  deadly  either  in  its  nature  or 
capable  of  being  used  in  a  deadly  manner,  to 
inflict  a  bodily  injury,  and  with  the  present 
ability  so  to  do.  Where,  on  a  trial  for 
assault  with  a  deadly  weapon  with  intent 
to  inflict  a  bodily  injury,  it  appeared  that 
defendant,  within  shooting,  but  not  within 
striking  distance,  held  a  capped  pistol  in 
his  hand,  pointed  it  at  the  prosecutor,  and 
attempted  to  discharge  it:  Held,  that  there 
could  be  no  conviction  without  proof  that 
the  pistol  was  loaded.  A  pistol  may  be  a 
deadly  weapon  under  some  circumstances 
without  being  loaded,  but  not  so  unless  it 
can  be  used  in  some  other  deadly  manner 
beside  shooting.  The  fact  that  an  attempt 
was  made  to  use  a  pistol  as  if  it  were  loaded 
is  not  of  itself  sufficient  to  warrant  an  infer- 
ence that  it  was  loaded.  To  warrant  a  con- 
viction for  assault  with  a  deadly  weapon 
with  intent  to  inflict  a  bodily  injury,  there 
must  be  a  showing  of  both  ability  and  inten- 
tion to  commit  the  offense.  State  v.  Napper, 
6  Nev.  3 13. 

It  cannot  be  said  that  an  indictment, 
which  charges  "an  assault  with  a  deadly 
weapon  with  intent  to  kill,"  does  not  charge 
the  statutory  offense  of  "an  assault  with 
intent  to  kill"  merely  because  it  describes 
the  means  or  instrument  of  the  assault.  It 
is  not  necessary  to  include  in  an  indictment 
a  formal  statement  of  the  crime  of  which 
the  defendant  is  accused  according  to  the 
statutory  designation;  a  statement  of  the 
acts  constituting  the  offense  is  sufficient.  It 
is  not  necessary  in  charging  an  assault  to 
allege  a  present  ability  to  kill  or  inflict 
injury.  As  a  general  rule,  the  question 
whether  a  particular  weapon  is  deadly  or 


not  is  one  of  law  for  the  court  and  not  of 
fact  for  the  jury.  State  v.  Eigg,  10  Nev. 
284. 

Malice  or  deliberate  purpose  on  the  part 
of  the  defendant  is  not  a  necessary  element 
of  the  crime  of  assault  with  intent  to  kjjl. 
State  v.  Tickel,  13  Nev.  502;  State  v.  O'Com 
nor,  11  Nev.  424. 

The  crime  of  assault  with  intent  to  kill 
consists  of  two  essential  elements,  the  act 
of  the  assaulter  and  the  intent;  and  to  con- 
vict one  of  this  crime  it  is  necessary  that 
the  intent  to  kill  must  be  alleged  and 
proved  beyond  a  reasonable  doubt.  State 
v.  Kodriguez,  31  Nev.  342  (102  P.  863). 

It  is  the  character  of  the  weapon  and  the 
manner  in  which  it  is  used  (not  the  purpose 
for  which  it  is  carried),  taken  in  connection 
with  the  facts  and  circumstances  of  the 
assault,  that  indicates  the  intention  of  the 
defendant.  Where  the  character  of  the 
weapon,  whether  deadly  or  not,  is  doubtful, 
or  where  its  character  depends  upon  the 
particular  manner  in  which  it  was  used,  the 
question  is  one  of  fact,  and  should  be  sub- 
mitted to  the  jury.  State  v.  Davis,  14  Nev. 
407. 

The  court  instructed  the  jury  that  "an 
assault  with  intent  to  kill,  is  an  unlawful 
attempt,  coupled  with  a  present  ability,  to 
kill  another  person  under  such  circumstances 
as  would  constitute  an  unlawful  killing,  had 
the  death  of  the  person  assaulted  actually 
resulted":  Held,  correct.  State  v.  Marks. 
15  Nev.  33. 

The  sufficiency  of  an  indictment  must  be 
determined  with  reference  to  the  crime 
charged,  and  if  tlje  indictment  is  good  for 
the  crime  of  "an  assault  with  intent  to  kill," 
it  is  sufficient  to  sustain  a  conviction  of  "an 
assault  with  a  deadly  weapon,  with  intent 
to  inflict  bodily  injurv."  The  graver  charge 
includes  the  less.  In  an  indictment  for  an 
assault  with  intent  to  kill  it  is  not  necessary 
to  allege  in  direct  terms  that  the  instru- 
ment used  was  a  deadly  weapon.  The  means 
of  effecting  the  criminal  intent,  or  the 
circumstances  of  evincing  the  design  with 
which  the  assault  was  made,  are  matters  of 
evidence,  and  need  not  be  set  forth  in  the 
indictment.  When  there  is  any  doubt  as  to 
whether  the  instrument  used  in  committing 
the  assault  was  a  deadly  weapon,  it  is  a 
question  for  the  court  and  jury  to  decide. 
State  v.  Collyer,  17  Nev.  275  (30  P.  891). 

Declarations,  made  by  the  person  assaulted, 
to  persons  who  were  present  a  few  minutes 
after  the  difficulty,  to  the  effect  that  the 
defendant  made  the  assault,  are  not  admissi- 
ble as  part  of  the  res  gestse.  State  v.  Dough- 
erty, 17  Nev.  376  (30  P.  1074). 

See  State  v.  Eoderigas,  7  Nev.  328,  329; 
State  v.  Robey,  8  Nev.  321;  State  v.  John- 
son, 9  Nev.  175,  178;  State  v.  Pickett,  11 
Nev.  259;  Ex  Parte  Tani,  29  Nev.  388,  401, 
13  L.  R.  A.  (N.  S.)  518,  91  P.  137. 


6414.    Assault  and  battery  defined,  penalty. 

SEC.  149.    Assault  and  battery  is  the  unlawful  beating  of  another,  and  a 
person  duly  convicted  thereof  shall  be  fined  in  any  sum  not  exceeding  five 


1839  CRIMES  AND  PUNISHMENTS  See.  6421 

hundred  dollars,  or  imprisoned  in  the  county  jail  for  a  term  not  exceeding 
six  months. 

6415.  Provokinjr  assault. 

SEC.  150.  Every  person  who  shall  by  word,  sign  or  gesture,  wilfully  pro- 
voke, or  attempt  to  provoke,  another  person  to  commit  an  assault  or  breach 
of  the  peace,  shall  be  guilty  of  misdemeanor. 

6416.  Mayhem  defined, penalty. 

SEC.  151.  Mayhem  consists  of  unlawfully  depriving  a  human  being  of  a 
member  of  his  or  her  body,  or  disfiguring  or  rendering  it  useless.  If  any 
person  shall  cut  out  or  disable  the  tongue,  put  out  an  eye,  slit  the  nose,  ear, 
or  lip,  or  disable  any  limb  or  member  of  another,  or  shall  voluntarily,  or  of 
.purpose,  put  out  an  eye  or  eyes,  every  such  person  shall  be  guilty  of  may- 
hem. The  crime  of  mayhem  shall  be  punishable  by  imprisonment  in  the 
state  prison  for  a  term  not  exceeding  fourteen  years. 

6417.  Idem— Instrument  or  manner  of  maimiuu'. 

SEC.  152.  To  constitute  mayhem  it  is  immaterial  by  what  means  or 
instrument  or  in  what  manner  the  injury  was  inflicted. 

641K.     Idem— Recovery  from  injury,  when  a  defense. 

SEC.  153.  Whenever  upon  a  trial  for  mayhem  it  shall  appear  that  the 
injury  inflicted  will  not  result  in  any  permanent  disfiguration  of  appear- 
ance, diminution  of  vigor,  or  other  permanent  injury,  no  conviction  for 
maiming  shall  be  had,  but  the  defendant  may  be  convicted  of  assault  in  any 
degree. 

6419.  Kidnaping  defined-— How  punished. 
SEC.  154.    Every  person  who  shall  wilfully— 

1.  Seize,  confine,  or  inveigle  another  with  intent  to  cause  him  without 
authority  of  law  to  be  secretly  confined  or  imprisoned,  or  in  any  way  held 
to  service,  or  with  intent  to  extort  or  obtain  money  or  reward  for  his  return, 
release,  or  disposition,  or  to  lead,  take,  entice  away,  or  detain,  a  child  under 
the  age  of  sixteen  years  with  intent  to  conceal  him  from  his  parent,  guard- 
ian or  other  person  having  lawful  care  or  control  of  him,  or  to  steal  any 
article  upon  his  person ;  or, 

2.  Abduct,  entice,  or  by  force  or  fraud  unlawfully  take  or  carry  away 
another  to  or  from  a  place  without  the  state,  and  shall  afterwards  send, 
bring  or  keep  such  person,  or  cause  him  to  be  kept  or  secreted  within  this 
state ; 

Shall  be  guilty  of  kidnaping,  and  punished  by  imprisonment  in  the  state 
penitentiary  for  not  less  than  five  years. 

6420.  Selling;  services  of  person  kidnaped. 

SEC.  155.  Every  person,  who  within  this  state  or  elsewhere,  shall  sell  or 
in  any  manner  transfer  for  any  term,  the  services  or  labor  of  any  person 
who  has  been  forcibly  taken,  inveigled,  or  kidnaped  in  or  from  this  state, 
shall  be  punished  by  imprisonment  in  the  state  penitentiary  for  not  more 
than  ten  years. 

6421.  Idem— Venue— Effect  of  consent. 

SEC.  156.  Any  proceeding  for  kidnaping  may  be  instituted  either  in  the 
county  where  the  offense  was  committed  or  in  any  county  through  or  in 
which  the  person  kidnaped  or  confined  was  taken  or  kept  while  under  con- 
finement or  restraint.  Upon  a  trial  for  violation  of  section  154  or  155  of 
this  act,  the  consent  thereto  of  the  person  kidnaped  or  confined  shall  not  be 
a  defense  unless  it  appears  satisfactorily  to  the  jury  that  such  person  was 


Sec.  6422  CRIMES  AND  PUNISHMENTS  1840 

above  the  age  of  sixteen  years  and  that  his  consent  was  not  extorted  by 
threats,  duress  or  fraud. 

6422.  Dueling— Death  by  deemed  murder. 

SEC.  157.  If  any  person  shall,  by  previous  appointment  or  agreement, 
fight  a  duel  with  a  rifle,  shotgun,  pistol,  bowie  knife,  dirk,  smallsword, 
backsword,  or  other  dangerous  weapon,  and  in  so  doing  shall  kill  his 
antagonist,  or  any  person  or  persons,  or  shall  inflict  such  wound  as  that  the 
party  or  parties  injured  shall  die  thereof  within  one  year  thereafter,  every 
such  offender  shall  be  deemed  guilty  of  murder  in  the  first  degree,  and  upon 
conviction  thereof  shall  be  punished  accordingly. 

See  sec.  2823. 

6423.  Disfrancliisement  for  dueling. 

SEC.  158.  Any  person  who  shall  engage  in  a  duel  with,  any  deadly' 
weapon,  although  no  homicide  ensue,  or  shall  challenge  another  to  fight 
such  duel,  or  shall  send  or  deliver  any  verbal  or  written  message  purporting 
or  intending  to  be  such  challenge,  although  no  duel  ensue,  shall  be  punished 
by  imprisonment  in  the  state  prison  not  less  than  two  nor  more  than  ten 
years,  and  shall  be  incapable  of  voting  or  holding  any  office  of  trust  or 
profit  under  the  laws  of  this  state. 

See  sees.  250,  370,  371. 

6424.  Competent  witness  in  trial  for  dueling:. 

SEC.  159.  Any  and  every  person  who  shall  be  present  at  the  time  of 
fighting  any  duel  with  deadly  weapons,  either  as  second,  aid,  surgeon,  or 
spectator,  or  who  shall  advise  or  give  assistance  to  such  duel,  shall  be  a 
competent  witness  against  any  person  offending  against  any  of  the  provi- 
sions of  section  157  or  158,  and  may  be  compelled  to  appear  and  give  evi- 
dence before  any  justice  of  the  peace,  grand  jury,  or  court,  in  the  same 
manner  as  other  witnesses;  but  the  testimony  so  given  shall  not  be  used 
in  any  prosecution  or  proceeding,  civil  or  criminal,  against  the  person  so 
testifying. 

6425.  Posting-  for  not  fighting  duel,  penalty. 

SEC.  160.  If  any  person  shall  post  another,  or,  in  writing,  or  print,  or 
orally  shall  use  any  reproachful  or  contemptuous  language  to,  or  concern- 
ing another,  for  not  fighting  a  duel,  or  for  not  sending  or  accepting  a  chal- 
lenge, he  shall  be  imprisoned  in  the  state  prison  for  a  term  not  less  than 
six  months  nor  more  than  one  year,  and  fined  in  any  sum  not  less  than  five 
hundred  nor  exceeding  one  thousand  dollars. 

6426.  Penalty  for  dueling1— Acting-  as  second— Deemed  man  slaughter. 
SEC.  161.    If  any  person  or  persons,  with  or  without  deadly  weapons, 

upon  previous  concert  and  agreement,  fight  one  with  the  other  or  give  or 
send,  or  authorize  any  other  person  to  give  or  send,  a  challenge  verbaljy  or 
in  writing,  to  fight  any  other  person,  the  person  or  persons  giving,  sending 
or  accepting  a  challenge  to  fight  any  other  person,  with  or  without  weap- 
ons, upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the  state 
prison  not  less  than  two  years,  or  more  than  five  years;  and  every  person 
who  shall  act  for  another  in  giving,  sending,  or  accepting,  either  verbally 
or  in  writing,  a  challenge,  to  fight  any  other  person,  upon  conviction  thereof 
they,  or  either,  or  any  of  them,  shall  be  punished  by  imprisonment  in  the 
state  prison  not  less  than  two  years  or  more  than  five  years.  Should  death 
ensue  to  any  person  in  such  fight,  or  should  any  person  die  from  any  inj  ur- 
ies  received  in  such  fight  within  one  year  and  one  day,  the  person  or  per- 
sons causing,  or  having  any  agency  in  causing  such  death,  either  by  fighting 
or  by  giving  or  sending  for  himself,  or  for  any  other  person,  or  in  receiving 


CRIMES  AND  PUNISHMENTS  Sec.  6428 

for  himself,  or  for  any  other  person,  such  challenge  to  fight,  shall  be 
deemed  guilty  of  manslaughter,  and  punished  accordingly. 

Kx  Parte  Finlen,  L'O  Nev.  141  (  IS  1>.  Si>7). 

r>l:>7.     Iiuhbery  defined— Penalty. 

SEC.  162.  Robbery  is  the  unlawful  taking  of  personal  property  from 
the  person  of  another,  or  in  his  presence,  against  his  will,  by  means  of 
force  or  violence  or  fear  of  injury,  immediate  or  future,  to  his  person  or 
property,  or  the  person  or  property  of  a  member  of  his  family,  or  of  any- 
one in  his  company  at  the  time  of  the  robbery.  Such  force  or  fear  must  be 
used  to  obtain  or  retain  possession  of  the  property,  or  to  prevent  or  over- 
come resistance  to  the  taking ;  in  either  of  which  cases  the  degree  of  force 
is  immaterial.  If  used  merely  as  a  means  of  escape,  it  does  not  constitute 
robbery.  Such  taking  constitutes  robbery  whenever  it  appears  that, 
although  the  taking  was  fully  completed  without  the  knowledge  of  the  per- 
son from  whom  taken,  such  knowledge  was  prevented  by  the  use  of  force 
or  fear.  Every  person  who  shall  commit  robbery  shall  be  punished  by 
imprisonment  in  the  state  penitentiary  for  not  less  than  five  years;  pro- 
viding such  robbery  is  committed  upon  any  train  traveling  upon  any  rail- 
road within  this  state  the  jury  may,  in  its  discretion,  impose  the  penalty  of 
death  or  the  court  in  the  event  of  a  plea  of  guilty,  may  impose  such  death 
penalty. 

It    was  not    definitely   shown  that  defend-  revolvers   of   placing   a   distinguishing   num- 

anl    participated  in  the  robbery,  other  than  ber  on  each   instrument,  may  be  shown  by 

h.-    came    with    the   robbers,   and   left   when  a  hardware  merchant  who  also  deals  in  fire- 

they   left,  was  present  at  the  robbery,  and  arms,  and  has  gained  his  knowledge  in  the 

apparently    acquiesced   therein.      Held,  ^that  mm--e  ot1  trade  and  through  the  statements 

the  evidence   would  have  justified  the 'jury  of    other*    en^a^ed    in    the   business.      State 

in  finding  him  guilty  of  the  robbery.     State  v.    Hughes.  :$1    Nev.  270(102  P.  562). 

•'  Keefe,  23   Nev.   127(62   A.   S.   768,  43  It    is  unnecessary  to  prove  both  violence 

I'.  !'18).  and     intimidation;      and,     if     the     fact     be 

The   phrase   "in    pursuance  of,"  according  attended    with    the    circumstance    of   terror, 

to     \Vel.vter.    means    "in    accordance    with;  such     threatening    word    or    gesture    as    in 

i  i     prosecution    or    fulfilment    of";    and    an  common     experience     is     likely     to     create 

indictment  alleging  that  defendant  assaulted  apprehension   of  "danger,  and  induce  a  man 

utor    with   a    deadly   weapon   and   "in  to  part   with   his  property  for  the  safety  of 

pursuance  of  said  assault"  attempted  to  rob  his  person,  it  is  robbery,  and  it  is  unneces- 

him,    etc..    means    "in    fulfilment    of,"    ren-  sary    to    prove  actual   fear,  as  the  law   will 

d«  ring  the  indictment  sufficient  to  charge  an  presume  it  in   such   case.     In  a  prosecution 

assault    with    intent   to   rob.     In   an   indict-  for  robbery,  evidence  held  sufficient  to  war- 

nient  alleging  that  defendant  assaulted  the  rant   the   jury   in   finding   defendant   guilty, 

prosecutor  and  attempted  to  feloniously  rob  on  the  view  that  the  money  was  taken  by 

him,    the    word    "feloniously"    means    "done  intimidation.     State  v.  Luhano,  31  Nev.  278 

\\ith    intent    to    commit"    the    crime.      The  (102  P.  260). 

ci'stom     of     manufacturers     of     guns     and  See  State  v.  Chapman,  6  Nev.  320. 

6428.    Libel  defined— Penalty. 

SEC.  163.  A  libel  is  a  malicious  defamation,  expressed  either  by  print- 
ing, or  by  signs,  or  pictures,  or  the  like,  tending  to  blacken  the  memory 
of  one  who  is  dead,  or  to  impeach  the  honesty,  integrity,  virtue,  or  reputa- 
tion or  publish  the  natural  defects  of  one  who  is  alive,  and  thereby  to 
expose  him  or  her  to  public  hatred,  contempt,  or  ridicule;  every  person, 
whether  the  writer  or  the  publisher,  convicted  of  the  offense,  shall  be  fined 
in  a  sum  not  exceeding  five  thousand  dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  one  year,  or  in  the  state  prison  not  exceeding  five  years. 
In  all  prosecutions  for  libel  the  truth  may  be  given  in  evidence  to  the  jury, 
and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is  true, 
and  was  published  with  good  motive  and  for  justifiable  ends,  the  party  shall 
be  acquitted,  and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact. 


Sec.  6429  CRIMES  AND  PUNISHMENTS  1842 

6429.  Publication  defined. 

SEC.  164.  Any  method  by  which  matter  charged  as  libelous  may  be 
communicated  to  another  shall  be  deemed  a  publication  thereof. 

6430.  Liability  of  editors  and  others. 

SEC.  165.  Every  editor  or  proprietor  of  a  book,  newspaper  or  serial,  and 
every  manager  of  a  copartnership  or  corporation  by  which  any  book,  news- 
paper or  serial  is  issued,  is  chargeable  with  the  publication  of  any  matter 
contained  in  any  such  book,  newspaper  or  serial,  but  in  every  prosecution 
for  libel  the  defendant  may  show  in  his  defense  that  the  matter  complained 
of  was  published  without  his  knowledge  or  fault  and  against  his  wishes  by 
another  who  had  no  authority  from  him  to  make  such  publication,  and  was 
retracted  by  him  as  soon  as  known  with  an  equal  degree  of  publicity. 

6431.  Venue,  punishment  restricted. 

SEC.  166.  Every  other  person  publishing  a  libel  in  this  state  may  be 
proceeded  against  in  any  county  where  such  libelous  matter  was  published 
or  circulated,  but  a  person  shall  not  be  proceeded  against  for  the  publication 
of  the  same  libel  against  the  same  person  in  more  than  one  county. 

6432.  Furnishing  libelous  information. 

SEC.  167.  Every  person  who  shall  wilfully  state,  deliver  or  transmit  by 
any  means  whatever,  to  any  manager,  editor,  publisher,  reporter  or  other 
employee  of  a  publisher  of  any  newspaper,  magazine,  publication,  periodical 
or  serial,  any  statement  concerning  any  person  or  corporation,  which,  if 
published  therein,  would  be  a  libel,  shall  be  guilty  of  a  misdemeanor. 

6433.  Threatening  to  publish  libel. 

SEC.  168.  Every  person  who  shall  threaten  another  with  the  publication 
of  a  libel  concerning  the  latter,  or  his  spouse,  parent,  child,  or  other  mem- 
ber of  his  family,  and  every  person  who  offers  to  prevent  the  publication  of 
a  libel  upon  another  person  upon  condition  of  the  payment  of,  or  with 
intent  to  extort  money  or  other  valuable  consideration  from  any  person, 
shall  be  guilty  of  a  gross  misdemeanor. 

6434.  Slander  of  woman. 

SEC.  169.  Every  person  who,  in  the  presence  or  hearing  of  any  person 
other  than  the  female  slandered,  whether  she  be  present  or  not,  shall 
maliciously  speak  of  or  concerning  any  female  of  the  age  of  twelve  years  or 
upwards,  not  a  common  prostitute,  any  false  or  defamatory  words  or  lan- 
guage which  shall  injure  or  impair  the  reputation  of  any  such  female  for 
virtue  or  chastity  or  which  shall  expose  her  to  hatred,  contempt  or  ridicule, 
shall  be  guilty  of  a  misdemeanor.  Every  slander  herein  mentioned  shall  be 
deemed  to  be  malicious  unless  justified,  and  shall  be  justified  when  the  lan- 
guage charged  as  slanderous,  false  or  defamatory  is  true  and  fair,  and 
was  spoken  with  good  motives  and  for  justifiable  ends. 

6435.  Testimony  necessary  to  convict. 

SEC.  170.  No  conviction  shall  be  had  under  the  provisions  of  section  169 
of  this  act,  upon  the  testimony  of  the  woman  slandered  unsupported  by 
other  evidence. 

6436.  Slandering  character  of  woman. 

SEC.  171.  Every  male  person  who  shall  in  any  language  or  words  what- 
soever, either  truthfully  or  falsely,  orally  declare,  in  the  presence  of  two  or 
more  other  persons,  of  good  general  reputation,  in  the  locality  in  which 
they  reside  that  he  has  had  carnal  knowledge  of  any  certain  female  person 
other  than  his  lawful  wife,  except  when  under  oath  in  a  court  of  justice,  or 
elsewhere  with  or  without  oath  in  the  matter  of  a  preparation  for  a  judicial 


1843  CRIMES  AND  PUNISHMENTS  Sec.  6440 

proceeding,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  county  jail  for  a  period 
of  not  less  than  ninety  days,  nor  more  than  six  months,  or  by  a  fine  of  not 
less  than  two  hundred  nor  exceeding  five  hundred  dollars. 

6437.    Extortion  by  threats—  Penalty. 

SEC.  172.  If  any  person,  either  verbally  or  by  any  written  or  printed 
communication,  shall  maliciously  threaten  any  injury  to  the  person  or  prop- 
erty of  another,  with  intent  thereby  to  extort  money,  or  any  pecuniary 
advantage  whatever,  or  to  compel  the  person  so  threatened  to  do  any  act 
against  his  will,  he  shall  be  punished,  upon  conviction  thereof,  by  imprison- 
ment, not  more  than  one  year,  nor  less  than  six  months,  and  by  a  fine  not 
exceeding  five  hundred  nor  less  than  one  hundred  dollars. 


Set-  sec.  ii::;<i,  i;s-_'i. 

Sec  State  v.  \Yrtivrs.  :;:;  Nev.—  (Ill'  P.  42). 

6438.  Threatening  letters  or  writing—  Penalty. 

SEC.  173.  If  any  person  shall  knowingly  send  or  deliver  any  letter  or 
writing  threatening  to  accuse  another  of  a  crime  or  misdemeanor,  or  to 
expose  or  publish  any  of  his  infirmities  or  failings,  with  intent  to  extort 
money,  .goods,  chattels,  or  other  valuable  thing  ;  or  threatening  to  maim, 
wound,  kill,  or  murder,  or  to  burn  or  destroy  his  or  her  house  or  other 
property,  or  to  accuse  another  of  a  crime  or  misdemeanor,  or  expose  or 
publish  any  of  his  or  her  infirmities,  though  no  money,  goods,  chattels,  or 
other  valuable  thing  be  demanded;  or  writes  and  sends,  or  writes  and 
delivers,  either  through  the  mail,  express,  by  private  parties,  or  otherwise 
any  anonymous  letter,  or  any  letter  bearing  a  fictitious  name,  charging  any 
person  with  crime,  or  writes  and  sends  any  anonymous  letter  or  letters 
bearing  a  fictitious  name,  containing  vulgar  or  threatening  language, 
obscene  pictures,  or  containing  reflections  upon  his  or  her  standing  in 
society  or  in  the  community,  such  person  so  offending  shall,  on  conviction, 
be  fined  in  a  sum  not  exceeding  five  hundred  dollars,  and  imprisoned  in  the 
county  jail  not  exceeding  six  months. 

See  sees.  70,  474  and  •">"><;  of  this  act. 

6439.  Drawing  deadly  weapons—  Duties  of  officers. 

SEC.  174.  Any  person  in  this  state  having,  carrying,  or  procuring  from 
another  person  any  dirk,  dirk-knife,  sword,  s-word-cane,  pistol,  gun,  or  other 
deadly  weapon,  who  shall,  in  the  presence  of  two  or  more  persons,  draw  or 
exhibit  any  of  said  deadly  weapons,  in  a  rude,  angry,  or  threatening  man- 
ner, not  in  necessary  self-defense,  or  who  shall  in  any  manner  unlawfully 
use  the  same  in  any  fight  or  quarrel,  the  person  or  persons  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  in  any  sum  not  exceeding  five  hundred  dollars,  or  shall  be  imprisoned 
in  the  county  jail  for  a  term  not  exceeding  six  months;  provided,  never- 
theless, that  no  sheriff,  deputy  sheriff,  marshal,  constable,  or  other  peace 
officer,  shall  be  held  to  answer,  under  the  provisions  of  this  section,  for 
drawing  or  exhibiting  any  of  the  weapons  hereinbefore  mentioned,  while 
in  the  lawful  discharge  of  his  or  their  duties. 

See  State  v.  Anderson,  3  Nev.  254;  State  v.  Levigne,  17  Nev.  435  (30  P.  1084). 

6440.  False  imprisonment. 

SEC.  175.  False  imprisonment  is  an  unlawful  violation  of  the  personal 
liberty  of  another,  and  consists  in  confinement  or  detention  without  suf- 
ficient legal  authority.  Any  person  convicted  of  false  imprisonment  shall 
pay  all  damages  sustained  by  the  person  so  imprisoned,  and  be  fined  in  any 
sum  not  exceeding  five  thousand  dollars  or  imprisoned  in  the  state  prison 
for  a  term  not  exceeding  one  year. 


Sec.  6441 


CRIMES  AND  PUNISHMENTS 


1844 


6441.    Unlawful  to  keep  vicious  dog. 

SEC.  176.  It  is  hereby  made  unlawful  for  any  person  in  this  state  to 
own  or  keep  any  vicious  dog.  And  if  any  person  shall  hereafter  own  or 
keep  any  such  dog,  and  such  dog  shall  injure  any  person,  such  owner  or 
keeper  of  such  dog  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  a  fine  in  a  sum  not  exceeding  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment,  as  the  court  shall  adjudge. 


CHAPTER  14 

CRIMES  AGAINST  MORALITY  AND  DECENCY 


6442.  Rape  defined — Penalty.  6483. 

6443.  Sexual  intercourse  and  carnal  knowl-  6484. 

edge  defined.  6485. 

6444.  Forcing  woman  to  marry.  6486. 

6445.  Placing   female   in   house   of   prostitu-  6487. 

tion — Penalty.  6488. 

6446.  Abandonment  of  wife  or  child.  6489. 

6447.  Abortion   defined.  6490. 

6448.  Selling  drugs  to  produce  miscarriage.  6491. 

6449.  Evidence.  -  6492. 

6450.  Concealing  birth.  6493. 

6451.  Advertising  goods  to  prevent  concep-  6494. 

tion.  6495. 

6452.  Idem — Advertising  of   services  to  pre-  6496. 

vent  conception.  6497. 

6453.  Idem — Penalty  for  advertising.  6498. 

6454.  Idem— Liability    of    publisher.  6499. 

6455.  Idem — Circulation  of  publications  con- 

taining   prohibited    matter    forbid-  6500. 

den.  6.101. 

6456.  Bigamy  defined— Penalty. 

6457.  Marrying  a  married  person.  6502. 

6458.  Incest  defined. 

6459.  Crime   against   nature   defined.  6503. 

6460.  Lewdness.  6504. 

6461.  Obscene  literature. 

6462.  Advertising  for   divorce  business.  6505. 
(5463.  Swindling. 

6464.  Bunco-steering.  •  6506. 

6465.  Pawn   broker. — Duty   to   record   trans- 

actions. 

6466.  Inspection  of  records  and  goods.  6507. 

6467.  Report  to  chief  of  police.  6508. 

6468.  Retention   of  property. 

6469.  Penalty.  6509. 

6470.  Rates  of  interest  and  sale  of  pledged  * 

property.  ~~  6510. 

6471.  "Pawn  broker"  defined.  6511. 

6472.  "Second-hand  dealer"  defined. 

6473.  Dissection,   when   permitted.  6512. 

6474.  Burial    or    cremating.  6513. 

6475.  Opening     grave  —  Stealing     body  -  6514. 

Receiving   same. 

(5476.  Interfering      with       dead      body      or  6515. 

funeral.  6516. 

6477.  Opening  road  through  cemetery.  6517. 

6478.  Disturbing    religious    meeting. 

6479.  Unlawful    to    marry    person    without  6518. 

license.  6519. 

6480.  Idem— Penalty.  6520. 

6481.  Failure  to   support  wife  and  children 

misdemeanor — Penalty.  6521. 

6482.  Justice  to  issue  warrant  and  conduct 

hearing.  6522. 


Wife  competent  witness. 

Keeping  .disorderly  house. 

Selling  opium,  felony. 

Use  and   sale  prohibited. 

Opium  smoking — Punishment. 

Liability  of  property  owner. 

Unlawful  to  resort. 

Lessor  liable. 

Judgment,  lien  on  property. 

Forfeiture  of  lease. 

Fee    of    district    attorney. 

Lotteries    defined. 

Lottery  drawing — Penalty. 

Selling  of  tickets,  misdemeanor. 

Aiding  sale  of  tickets,  misdemeanor. 

Keeping    tickets,    misdemeanor. 

Insuring  or  guaranteeing  ticket,  mis- 
demeanor. 

Property  forfeited  to  state. 

Idem^Letting  use  of  building,  mis- 
demeanor. 

Unlawful  to  sell  tobacco  to  minors — 
Penalty. 

Idem — Dealer  to  forfeit  license. 

Sale  of  liquor  within  half  mile  of 
state  prison  unlawful — Penalty. 

Liquors  prohibited  in  capitol  building 
—Penalty. 

Selling  liquor  to  minors  or  imbeciles, 
or  allowing  minors  in  billiard  halls 
— Employing  minor  as  barkeeper. 

Providing  Indian  liquor,  felony. 

Federal  government  to  prosecute — 
Terms  defined. 

Idem — Arresting  officer  to  receive 
fees. 

Houses  of  ill-fame,  location  of. 

Property  not  to  be  rented  for  hurdy 
house. 

Idem — Penalty. 

Idem — Competent  evidence. 

Marriages  between  Caucasian  and 
other  races  prohibited. 

Penalty  for  contracting  parties.     . 

Penalty    for    minister. 

Fornication  between  certain  races  pro- 
hibited— Penalty. 

All  gambling  prohibited — Penalty. 

Penalty  for  person  permitting  games. 

Penalty  for  having  gambling  imple- 
ments in  possession. 

Duty  of  officer  to  seize  gambling 
paraphernalia. 

Witness  not  exempt  from  testifying, 
but  cannot  be  prosecuted. 


1845 


CRIMES  AND  PUNISHMENTS 


Sec.  6442 


?.  Selling   liquor   to    drunkards  —  Penalty  6526.  Duties  of  manufacturers. 

for    drunkenness.  ii.~>i!7.  Substitute     for     butter     stamped     or 
li.'iM.  Horse  meat  —  Misdemeanor  to  sell.  branded. 

li.'i'o.  Horse  meat  —  Seller  must  exhibit  hide.  6528.  Letters  for   brands. 


6442.    Rape  defined—  Penalty. 

SEC.  177.  Rape  is  the  carnal  knowledge  of  a  female,  forcibly  and  against 
her  will,  and  a  person  duly  convicted  thereof  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  a  term  of  not  less  than  five  years  and  which 
may  extend  to  life;  provided  fih&t  if  such  crime  be  accompanied  with  acts  of 
extreme  violence  and  great  bodily  injury  inflicted,  the  person  guilty  thereof 
shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  not  less  than 
twenty  years,  or  he  shall  suffer  death,  if  the  jury  by  their  verdict  affix  the 
death  penalty.  And  any  person  of  the  age  of  sixteen  years  or  upwards  who 
shall  have  carnal  knowledge  of  any  female  child  under  the  age  of  sixteen 
years,  either  with  or  without  her  consent,  shall  be  adjudged  guilty  of  the 
crime  of  rape,  and  be  punished  as  before  provided. 

An  attempt  to  commit  rape  does  not  direct  movement  towards  the  commission 
constitute  an  assault  when  the  female 


an 

actually  consents  to  what  is  done,  whether 
she  be"  within  the  age  of  twelve  years  or 
not.  An  assault  is  a  necessary  ingredient 
of  every  rape  or  attempted  rape,  but  it  is 
not  a  necessary  ingredient  of  the  crime  of 
carnally  knowing  a  child  under  the  age  of 
twelve  years  with  or  without  her  consent, 
\\hich  under  the  statute  of  this  state  is 
also  called  rape.  As  an  assault  implies 
force  and  resistance,  the  crime  of  "carnally 
knowing  a  child,"  etc.,  may  be  committed, 
or  at  least  attempted,  without  an  assault,  if 
there  is  actual  consent  on  the  part  of  the 
tVmale.  There  can  be  no  assault  upon  a 
« -fmsenting  female,  although  there  may  be 
what  the  statute  designates  a  rape.  The 
defendant  might  have  been  convicted  of  an 
"attempt  to  commit  rape,"  even  if  the  child 
consented  to  all  he  did,  but  it  was  error  to 
instruct  the  jury  that  he  could  under  such 
circumstances  be  convicted  of  "assault  with 
intent  to  commit  rape."  State  v.  Pickett, 
11  Nev.  L'55  (21  A.  E.  754). 

The  slightest  proof  of  penetration  will 
justify  submitting  the  question  to  the  jury, 
and  such  proof  can  be  inferred  from  cir- 
cumstances. In  this  case  there  was  proof 
of  penetration.  State  v.  Depoister,  21  Nev. 
107  (25  P.  1000). 

In  the  crime  of  rape,  the  force  necessary 
to  complete  the  offense  may  be  constructive. 
Such  constructive  force  exists  where  sexual 
intercourse  is  had  with  a  woman  who  is 
unconscious  or  mentally  unable  to  fairly 
comprehend  the  nature  and  consequences  of 
the  sexual  act.  When  a  woman's  consent 
to  the  sexual  act  is  induced  by  fraud  it  is 
not  rape.  To  constitute  the  crime  of 
attempt  to  commit  rape  by  the  use  of  con- 
structive force,  the  defendant  must  have 
intended  to  either  destroy  the  woman's 
power  of  resistance  by  the  administration 
of  liquors  or  drugs,  or  else  to  take  advan- 
t.'iire  of  the  fact  that  she  was  already  in  a 
condition  in  which  either  the  mental  or 
physical  ability  to  resist  is  wanting.  An 
act  to  constitute  an  attempt  must  go  fur- 
ther than  mere  preparation.  It  must  be  a 


of  the  offense  after  the  preparation  is  made 
and  must  be  adequate  to  its  commission. 
The  attempted  administration  of  cantharides 
to  a  woman  for  the  purpose  of  having  sex- 
ual intercourse  with  her,  but  without  any 
offer  or  effort  at  sexual  connection,  is  mere 
preparation,  is  not  an  act  adequate  to  the 
commission  of  the  crime,  and  does  consti- 
tute an  attempt  to  commit  a  rape  upon  her. 
A  charge  in  an  indictment  that  the  defend- 
ant attempted  to  commit  a  crime  only  argu- 
mentatively  charges  that  he  intended  to 
commit  it,  and  is  sufficient.  State  v.  Lung, 
21  Nev.  209,  210  (37  A.  S.  505,  29  P.  235). 

Upon  an  indictment  and  trial  for  murder, 
and  a  verdict  adjudging  defendant  guilty 
of  rape,  the  court  has  no  jurisdiction  to 
sentence  and  imprison  defendant  for  such 
crime  of  rape,  since  the  constitution  (art. 
1,  sec.  8)  requires  presentment  and  indict- 
ment for  the  particular  offense  before  con- 
viction is  had,  and,  further,  because  the 
defendant  is  thereby  deprived  of  his  liberty 
without  due  process  of  law.  Ex  Parte  Dela, 
25  Nev.  346  (83  A.  S.  803,  60  P.  217). 

Statements  made  by  prosecutrix  the  day 
after  an  alleged  rape  are  too  remote  to 
constitute  part  of  the  res  gesta>.  On  a  pre- 
liminary examination  on  a  charge  of  rape, 
evidence  by  a  medical  expert  that  from  an 
examination  of  prosecutrix  soon  after  the 
alleged  offense  he  thought  she  had  had 
intercourse  with  some  one,  and  by  other 
witnesses  that  they  had  seen  marks  of  vio- 
lence on  her  person,  was  sufficient,  when 
coupled  with  an  admission  by  defendant 
shortly  after  the  offense  that  he  had  com- 
mitted it,  to  justify  the  commitment  of 
defendant  to  answer  for  the  crime.  In  re 
Kelly,  28  Nev.  491  (83  P.  223). 

On  a  trial  for  rape,  the  court  properly 
excluded  evidence  as  to  particular  instances 
of  unchastity  on  the  part  of  the  prosecu- 
trix, not  connected  with  the  case  on  trial. 
A  witness  testifying  to  the  general  repu- 
tation of  the  prosecutrix  may,  upon  cross- 
examination,  have  his  attention  directed  to 
particular  acts  of  unchastity  for  the  pur- 
pose of  ascertaining  the  weight  to  be 


Sec.  6443  CRIMES  AND  PUNISHMENTS  1846 

attached  to  his  testimony.  On  a  trial  for  of  making  complaint,  her  testimony  not 
rape,  it  is  error  to  admit  evidence  of  the  being  attacked.  State  v.  Campbell,  20  Nev. 
statements  made  by  prosecutrix  at  the  time  122  (17  P.  620). 

6443.  Sexual  intercourse  and  carnal  knowledge  deiined. 

SEC.  178.    Any  sexual  penetration,  however  slight,  is  sufficient  to  com- 
plete sexual  intercourse  or  carnal  knowledge. 
See  sec.  7171. 

6444.  Forcing  woman  to  marry. 

SEC.  179.  Every  person  who  shall  take  any  woman  unlawfully,  against 
her  will,  and  by  force,  menace,  or  duress,  compel  her  to  marry  him,  or  to 
marry  any  other  person,  or  to  be  defiled,  and  shall  be  thereof  convicted, 
shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  not  less 
than  two  nor  more  than  fourteen  years ;  and  the  record  of  such  conviction 
shall  operate  as  a  divorce  to  the  party  so  married. 

6445.  Placing  female  in  house  of  prostitution— Penalty. 
SEC.  180.    Every  person  who— 

1.  Shall  place  a  female  in  the  charge  or  custody  of  another  person  for 
immoral  purposes,  or  in  a  house  of  prostitution,  with  intent  that  she  shall 
live  a  life  of  prostitution,  or  who  shall  compel  any  female  to  reside  with  him 
or  with  any  other  person  for  immoral  purposes,  or  for  the  purposes  of 
prostitution,  or  shall  compel  any  such  female  to  reside  in  a  house  of  pros- 
titution or  to  live  a  life  of  prostitution ;  or, 

2.  Shall  ask  or  receive  any  compensation,  gratuity  or  reward,  or  promise 
thereof,  for  or  on  account  of  placing  in  a  house  of  prostitution  or  elsewhere 
any  female  for  the  purpose  of  causing  her  to  cohabit  with  any  male  person 
or  persons  not  her  husband ;  or, 

3.  Shall  give,  offer,  or  promise  any  compensation,  gratuity  or  reward,  to 
procure  any  female  for  the  purpose  of  placing  her  for  immoral  purposes  in 
any  house  of  prostitution,  or  elsewhere,  against  her  will ;  or, 

4.  Being  the  husband  of  any  woman,  or  the  parent,  guardian  or  other 
person  having  legal  charge  of  the  person  of  a  female  under  the  age  of 
eighteen  years,  shall  connive  at,  consent  to,  or  permit  her  being  or  remain- 
ing in  any  house  of  prostitution  or  leading  a  life  of  prostitution ;  or, 

5.  Shall  live  with  or  accept  any  earnings  of  a  common  prostitute,  or 
entice  or  solicit  any  person  to  go  to  a  house  of  prostitution  for  any  immoral 
purposes,  or  to  have  sexual  intercourse  with  a  common  prostitute ;   or, 

6.  Shall  decoy,  entice,  procure  or  in  any  manner  or  way  to  induce  any 
female  to  become  a  prostitute  or  to  become  an  inmate  of  a  house  of  ill-fame 
or  prostitution,  for  purposes  of  prostitution,  or  for  purposes  of  employ- 
ment, or  for  any  purpose  whatever,  when  she  does  not  know  that  the  house 
is  one  of  prostitution ;  or, 

7.  Shall  decoy,  entice,  procure  or  in  any  manner  or  way  to  induce  any 
person,  under  the  age  of  twenty-one  years,  to  go  into  or  visit,  upon  any 
pretext  or  for  any  purpose  whatever,  any  house  of  ill-fame  or  prostitution, 
or  any  room  or  place  inhabited  or  frequented  by  any  prostitute,  or  used  for 
purposes  of  prostitution; 

Shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more  than 
five  years  or  by  fine  of  not  more  than  two  thousand  dollars. 

6446.  Abandonment  of  wife  or  child. 

SEC.  181.  Every  person  who  shall  wilfully  and  without  lawful  excuse 
desert,  or  wilfully  neglect  or  refuse  to  provide  for  the  support  and  main- 
tenance of  his  wife,  or  child  under  the  age  of  sixteen  years,  either  said 
wife  or  child  being  in  necessitous  circumstances,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  three  years,  or  in  the 


1847  CRIMES  AND  PUNISHMENTS  See,  6452 

county  jail  for  not  more  than  one  year,  or  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  by  both  fine  and  imprisonment ;  provided,  that,  before 
trial,  with  the  consent  of  the  defendant,  or  after  conviction,  the  court  may, 
in  its  discretion,  require  the  defendant  to  enter  into  a  recognizance  in  such 
amount  as  the  court  may  fix,  with  or  without  sureties,  conditioned  that 
such  defendant  will  faithfully  pay  weekly,  such  sum  and  for  such  a  time 
as  the  court  may  direct,  to  or  for  the  benefit  of  such  wife  or  child,  and  so 
long  as  the  defendant  shall  faithfully  comply  with  the  conditions  of  such 
recognizance,  all  proceedings  in  such  action,  or  upon  such  judgment,  shall 
be  stayed ;  but  if  the  defendant  shall  fail  to  comply  with  the  conditions  of 
such  recognizance,  or  shall  fail  to  comply  with  any  order  for  his  appear- 
ance in  said  court,  such  proceeding  shall  be  revived  and  continued  as  if  no 
stay  had  taken  place. 

Abandonment  or  neglect  of  illegitimate  child,  sec.  7<><>. 

\'.x  Part.-  Lewis.  :!:t  Nev.—  (115  P.  729)}   Kx  Tart.-  Hose,  83  Nev.—  (ll(i  P.  417). 

6147.    Abortion  defined. 

SEC.  182.  Every  person  who,  with  intent  thereby  to  produce  the  mis- 
carriage of  a  woman,  unless  the  same  is  necessary  to  preserve  her  life  or 
that  of  the  child  whereof  she  is  pregnant,  shall— 

1.  Prescribe,  supply,  or  administer  to  a  woman,  whether  pregnant  or  not, 
or  advise  or  cause  her  to  take  any  medicine,  drug  or  substance ;  or, 

2.  Use,  or  cause  to  be  used,  any  instrument  or  other  means ; 

Shall  be  guilty  of  abortion,  and  punished  by  imprisonment  in  the  state 
prison  for  not  more  than  five  years,  or  in  the  county  jail  for  not  more  than 
one  year. 

614H.    Selling  dru^s  to  produce  miscarriage. 

SEC.  183.  Every  person  who  shall  manufacture,  sell  or  give  away  any 
instrument,  drug,  medicine,  or  other  substance,  knowing  or  intending  that 
the  same  may  be  unlawfully  used  in  procuring  the  miscarriage  of  a  woman, 
shall  be  guilty  of  a  gross  misdemeanor. 

6449.  Evidence. 

SEC.  184.  In  any  prosecution  for  abortion,  attempting  abortion,  or  sell- 
ing drugs  unlawfully,  no  person  shall  be  excused  from  testifying  as  a  wit- 
ness on  the  ground  that  said  testimony  would  tend  to  incriminate  himself, 
but  such  testimony  shall  not  be  used  against  him  in  any  criminal  prosecu- 
tion except  for  perjury  in  giving  such  testimony. 

6450.  Concealing  birth. 

SEC.  185.  Every  person  who  shall  endeavor  to  conceal  the  birth  of  a 
child  by  any  disposition  of  its  dead  body,  whether  the  child  died  before  or 
after  its  birth,  shall  be  guilty  of  a  gross  misdemeanor. 

See  sees.  2986,  2987,  2972. 

6451.  Advertising  goods  to  prevent  conception. 

SEC.  186.  It  shall  not  be  lawful  for  any  person  to  advertise  or  publish,  or 
cause  to  be  advertised  or  published  in  a  newspaper,  pamphlet,  handbill, 
book,  or  otherwise,  within  this  state,  any  medicine,  nostrum,  drug,  sub- 
stance, or  device  for  the  prevention  of  human  propagation,  or  which  pur- 
ports to  be,  or  is  represented  to  be,  a  preventive  of  conception  or  pregnancy 
in  women, 

6452.  Idem— Advertising  of  services  to  prevent  conception. 

SEC.  187.  It  shall  not  be  lawful  for  any  person  to  advertise  or  publish, 
or  cause  to  be  advertised  or  published  in  the  manner  mentioned  in  the  next 
preceding  section  or  otherwise,  any  medicine,  nostrum,  drug,  substance, 


Sec.  6453  CRIMES  AND  PUNISHMENTS  1848 

instrument,  or  device,  to  produce  the  miscarriage  or  premature  delivery  of 
a  woman  pregnant  with  child,  or  which  purports  to  be,  or  is  represented  to 
be,  productive  of  such  miscarriage  or  premature  delivery,  nor  to  advertise 
in  any  manner  his  or  her  services,  aid,  assistance,  or  advice,  or  the  services, 
assistance,  or  advice  of  any  other  person,  in  the  procurement  of  such  mis- 
carriage or  premature  delivery. 

6453.  Idem— Penalty  for  advertising. 

SEC.  188.  Every  person  who  shall  violate  the  provisions  of  section  186 
or  section  187  of  this  act  shall  be  deemed  guilty  of  a  gross  misdemeanor, 
and  on  conviction  thereof  be  punished  by  a  fine  of  not  less  than  one  thou- 
sand dollars  or  more  than  three  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  six  months  or  more  than  one  year,  or  both. 

6454.  Idem— Liability  of  publisher. 

SEC.  189.  The  proprietor  or  proprietors,  and  the  manager  or  managers 
of  any  newspaper,  periodical  or  other  printed  sheet  published  or  printed 
within  this  state,  which  shall  contain  any  advertisement  prohibited  by 
sections  186  and  187  of  this  act,  shall,  for  each  publication  of  such  adver- 
tisement, be  deemed  guilty  of  a  gross  misdemeanor,  and,  on  conviction 
thereof,  be  punished  in  the  same  manner  as  is  provided  in  section  188  of 
this  act. 

6455.  Idem— Circulation  of  publications  containing  prohibited  matter 

forbidden. 

SEC.  190.  Every  person  who  shall  knowingly  sell,  distribute,  give  away, 
or  in  any  manner  dispose  of  or  exhibit  to  another  person  any  newspaper, 
pamphlet,  book,  periodical,  handbill,  printed  slip,  or  writing,  or  cause  the 
same  to  be  so  sold,  distributed,  disposed  of,  or  exhibited,  containing  any 
advertisement  prohibited  in  sections  186  or  187  of  this  act,  or  containing 
any  description  or  notice  of,  or  reference  to,  or  information  concerning,  or 
direction  how  or  where  to  procure  any  medicine,  drug,  nostrum,  substance, 
device,  instrument,  or  service,  the  advertisement  of  which  is  herein  pro- 
hibited or  declared  to  be  unlawful,  shall,  on  conviction  thereof,  be,  liable 
to  the  same  punishment  as  prescribed  in  section  187  of  this  act ;  provided, 
that  nothing  in  this  act  shall  be  construed  to  interfere  with  or  apply  to 
legally  licensed  physicians  in  the  legitimate  practice  of  their  profession. 

6456.  Bigamy  defined— Penalty. 

SEC.  191.  Bigamy  consists  in  the  having  of  two  wives  or  two  husbands 
at  one  and  the  same  time,  knowing  that  the  former  husband  or  wife  is  still 
alive.  If  any  person  or  persons  within  this  state  being  married,  or  who 
shall  hereafter  marry,  do  at  any  time  marry  any  person  or  persons,  the 
former  husband  or  wife  being  alive,  the  person  so  offending  shall,  on  con- 
viction thereof,  be  punished  by  a  fine  not  exceeding  one  thousand  dollars, 
and  be  imprisoned  in  the  state  prison  not  less  than  one  year  nor  more  than 
five  years.  It  shall  not  be  necessary  to  prove  either  of  the  said  marriages 
by  the  register  and  certificate  thereof,  or  other  record  evidence,  but  the 
same  may  be  proved  by  such  evidence  as  is  admissible  to  prove  a  marriage 
in  other  cases;  and  when  such  second  marriage  shall  have  taken  place 
without  this  state  cohabitation  in  this  state  after  such  second  marriage 
shall  be  deemed  the  commission  of  the  crime  of  bigamy.  Nothing  herein 
contained  shall  extend  to  any  person  or  persons  whose  husband  or  wife 
shall  have  been  continually  absent  from  such  person  or  persons  for  the 
space  of  five  years  together  prior  to  the  said  second  marriage,  and  he  or 
she  not  knowing  such  husband  or  wife  to  be  living  within  that  time.  Also, 
nothing  herein  contained  shall  extend  to  any  person  that  is  or  shall  be,  at 
the  time  of  such  second  marriage,  divorced  by  lawful  authority  from  the 


1849  CRIMES  AND  PUNISHMENTS  Sec.  6461 

bonds  of  such  former  marriage,  or  to  any  person  where  the  former  mar- 
riage hath  been  by  lawful  authority  declared  void. 

What    is   known    as   a    common-law    mar-  the    peace    of    Washoe    County,    this    state. 

ri:ig»>  by  contract  per  verba  de  pra^senti  is  Held,  that  the  marriage  to  S.  was  a   valid 

valid  in  this  state.     Defendant  was  married  marriage,  and  that  the  subsequent  marriage 

in    1  S93  to   S.   by  written  contract,  without  to    L.    constituted    bigamy    in    defendant. 

the   services  of  any  of  the  persons  author-  In  a  prosecution  for  bigamy,  evidence  was 

i/t'd     by    the    statutes    to    join    persons    in  not  admissible  to   show  that  defendant,  by 

marriage.     Subsequently    the    parties    sepa-  bis  second  marriage,  had  no  criminal  intent, 

rated  by  mutual  consent,  and  thereafter  the  he    believing    that    the    first    marriage    had 

defendant,    while    he    was    so    married    and  been    annulled    by   agreement   between   him 

knowing   that   the    said    S.    was   still    alive,  and   his   wife.     State   v.   Zichfeld,   23    Nev. 

was  formally  married  to  L.  by  a  justice  of  304  (94  P.  221,  62  A.  S.  800,  34  L.  R.  A.  784). 

6457.    MiMiT.vinjr  a  married  IMTSOH. 

SEC.  192.  If  any  man  or  woman,  being  unmarried,  shall  knowingly 
marry  the  husband  or  wife  of  another,  such  man  or  woman  shall,  on  con- 
viction, be  fined  not  less  than  one  thousand  dollars  or  imprisoned  in  the 
state  prison  not  less  than  one  nor  more  than  two  years. 

0458.    Incest  defined. 

SEC.  193.  Persons  being  within  the  degree  of  consanguinity  within 
which  marriages  are  declared  by  law  to  be  incestuous  and  void,  who  shall 
intermarry  with  each  other,  or  who  shall  commit  fornication  or  adultery 
with  each  other,  shall,  on  conviction,  be  punished  by  imprisonment  in  the 
state  prison  not  less  than  one  nor  exceeding  ten  years. 

(H.V.).    Crime  against  nature  defined. 

SEC.  194.  The  infamous  crime  against  nature,  either  with  man  or  beast, 
shall  subject  the  offender  to  be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  five  years,  and  which  may  extend  to  life. 

<>4«0.     Lewdness. 

SEC.  195.  Every  person  who  shall  lewdly  and  viciously  cohabit  with 
another  not  the  husband  or  wife  of  such  person,  and  every  person  who  shall 
be  guilty  of  open  or  gross  lewdness,  or  make  any  open  and  indecent  or 
obscene  exposure  of  his  person,  or  of  the  person  of  another,  and  every  male 
person  who  shall  habitually  resort  in  any  house  of  prostitution,  shall  be 
guilty  of  a  gross  misdemeanor. 

04(51.    Obscene  literature. 
SEC.  196.    Every  person  who — 

1.  Shall  sell,  lend,  or  give  away,  or  have  in  his  possession  with  intent  to 
sell,  lend,  give  away  or  show  any  obscene  or  indecent  book,  magazine, 
pamphlet,  newspaper,  story  paper,  writing,  picture,  drawing,  photograph, 
or  any  article  or  instrument  of  indecent  or  immoral  character ;  or  who  shall 
design,  copy,  draw,  photograph,  print,  utter,  publish  or  otherwise  prepare 
such  a  book,  picture,  drawing,  paper  or  other  article ;  or  write  or  print  any 
circular,  advertisement  or  notice  of  any  kind,  or  give  oral  information 
stating  when,  where,  how  or  of  whom  such  an  indecent  or  obscene  article 
or  thing  can  be  purchased  or  obtained ;  or, 

2.  Shall  sell,  lend,  give  away  or  have  in  his  possession  with  intent  to  sell, 
lend,  give  away  or  show  any  book,  pamphlet,  magazine,  newspaper  or  other 
printed  paper  devoted  to  the  publication,  or  largely  made  up  of  criminal 
news,  police  reports,  accounts  of  criminal  deeds,  or  pictures  and  stories  of 
deeds  of  bloodshed,  lust  or  crime;  or, 

3.  Shall  exhibit  within  the  view  of  any  minor  any  of  the  books,  papers 
or  other  things  hereinbefore  enumerated ;  or, 

4.  Shall  hire,  use  or  employ,  or  having  custody  or  control  of  his  person 


Sec.  6462  CRIMES  AND  PUNISHMENTS  1850 

shall  permit  any  minor  to  sell,  give  away,  or  in  any  manner  distribute  any 
article  hereinbefore  mentioned ;  or, 

5.  Shall  cause  to  be  performed  or  exhibited,  or  engage  in  the  performance 
or  exhibition  of  any  obscene,  indecent  or  immoral  show,  act  or  perform- 
ance; 

Shall  be  guilty  of  a  gross  misdemeanor. 

6462.    Advertising  for  divorce  business. 

SEC.  197.  Every  person  who  shall  cause  to  be  published  in  any  news- 
paper, magazine  or  other  publication,  or  who  shall  cause  or  allow  to  be 
posted  or  distributed  in  any  place  frequented  by  the  public  any  card  or 
notice  offering  to  procure  or  obtain,  or  to  aid  in  procuring  or  obtaining  any 
divorce  or  the  dissolution  or  nullification  of  any  marriage,  or  offering  to 
appear  or  act  as  attorney  or  counsel  in  any  suit  for  divorce,  alimony,  or 
the  dissolution  or  nullification  of  any  marriage,  either  in  this  state  or  else- 
where, shall  be  guilty  of  a  misdemeanor. 

See  In  re  Schnitzer,  33  Nev.— . 

6468.    Swindling. 

SEC.  198.  Every  person  who,  by  color,  or  aid  of  any  trick  or  sleight-of- 
hand  performance,  or  by  any  fraud  or  fraudulent  scheme,  cards,  dice,  or 
device,  shall  win  for  himself  or  for  another  any  money  or  property,  or 
representative  of  either,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  not  more  than  ten  years. 

See  sec.  6518. 

6464.  Bunco-steering. 

SEC.  199.  Every  person  who  shall  entice,  or  induce  another,  upon  any 
pretense,  to  go  to  any  place  where  any  gambling  game,  scheme  or  device, 
or  any  trick,  sleight-of-hand  performance,  fraud  or  fraudulent  scheme,  cards, 
dice  or  device,  is  being  conducted  or  operated ;  or  while  in  such  place  shall 
entice  or  induce  another  to  bet,  wager  or  hazard  any  money  or  property,  or 
representative  of  either,  upon  any  such  game,  scheme,  device,  trick,  sleight- 
of-hand  performance,  fraud  or  fraudulent  scheme,  cards,  dice,  or  device, 
or  to  execute  any  obligation  for  the  payment  of  money,  or  delivery  of  prop- 
erty, or  to  lose,  advance,  or  loan  any  money  or  property,  or  representative 
of  either,  shall  be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  ten  years. 

6465.  Pawn  broker— Duty  to  record  transactions. 

SEC.  200.  It  shall  be  the  duty  of  every  pawn  broker  and  second-hand 
dealer  doing  business  in  any  city  of  the  population  of  4,000  or  over  in  this 
state  to  maintain  in  his  place  of  business  a  book  or  other  permanent  record 
in  which  shall  be  legibly  written  in  the  English  language,  at  the  time  of  each 
loan,  purchase  or  sale,  a  record  thereof  containing — 

1.  The  date  of  the  transaction; 

2.  The  name  of  the  person  or  employee  conducting  the  same ; 

3.  The  name,  age,  street  and  house  number,  and  a  general  description  of 
the  dress,  complexion,  color  of  hair,  and  facial  appearance  of  the  person 
with  whom  the  transaction  is  had ; 

4.  The  name  and  street  and  house  number  of  the  owner  of  the  property 
bought  or  received  in  pledge; 

5.  The  street  and  house  number  of  the  place  from  which  the  property 
bought  or  received  in  pledge  was  last  removed ; 

6.  A  description  of  the  property  bought  or  received  in  pledge,  which  in 
the  case  of  watches  shall  contain  the  name  of  the  maker  and  the  number 
of  both  the  works  and  the  case,  and  in  the  case  of  jewelry  shall  contain  a 
description  of  all  letters  and  marks  inscribed  thereon ;  provided,  that  when 


1851  CRIMES  AND  PUNISHMENTS  Sec.  6469 

the  article  bought  or  received  is  furniture,  or  the  contents  of  any  house  or 
room  actually  inspected  on  the  premises,  a  general  record  of  the  transac- 
tion shall  be  sufficient; 

7.  The  price  paid  or  the  amount  loaned ; 

8.  The  names  and  street  and  house  numbers  of  all  persons  witnessing  the 
transaction ;  and 

9.  The  number  of  any  pawn  ticket  issued  therefor. 

Sale  <>t  merchandise  in  \-i.olation  of  bulk  act,  sec.  3910. 

6466.  Inspection  of  records  and  <roods. 

SEC.  201.  Such  record,  and  all  goods  received,  shall  at  all  times  during 
the  ordinary  hours  of  business  be  open  to  the  inspection  of  the  district 
attorney  or  of  any  peace  officer. 

6467.  Report  to  chief  of  police. 

SEC.  202.  Every  pawn  broker  and  second-hand  dealer  doing  business  in 
any  city  of  the  population  of  4,000  or  over  shall,  before  noon  of  each  day, 
furnish,  in  duplicate,  to  the  chief  of  police  of  such  city,  on  such  forms  as 
such  chief  of  police  may  provide  therefor,  a  full,  true  and  correct  tran- 
script of  the  record  of  all  transactions  had  on  the  preceding  day,  and, 
having  good  cause  to  believe  that  any  property  in  his  possession  has  been 
previously  lost  or  stolen,  he  shall  forthwith  report  such  fact  to  the  chief 
of  police,  together  with  the  name  of  the  owner,  if  known,  and  the  date 
when,  and  the  name  of  the  person  from  whom  the  same  was  received  by 
him.  On  receipt  of  the  report  provided  for  herein  the  chief  of  police  shall 
immediately  forward  a  copy  thereof  to  the  superintendent  of  the  Nevada 
state  police,  and  the  same  shall  be  filed  of  record  in  the  office  of  such 
superintendent. 

6I6H.     Retention  of  property. 

SEC.  203.  No  property  bought  or  received  in  pledge  by  any  pawn  broker 
or  second-hand  dealer  shall  be  removed  from  his  place  of  business,  except 
when  redeemed  by  the  owner  thereof,  within  four  days  after  the  receipt 
thereof  shall  have  been  reported  to  the  chief  of  police  as  herein  provided. 

15469.    Penalty. 

SEC.  204.  Every  pawn  broker  or  second-hand  dealer,  and  every  clerk, 
agent  or  employee  of  such  pawn  broker  or  second-hand  dealer,  who  shall— 

1.  Fail  to  make  an  entry  of  any  material  matter  in  his  book  or  record 
kept  as  provided  for  in  section  200  of  this  act ;  or, 

2.  Make  any  false  entry  therein ;   or, 

3.  Falsify,  obliterate,  destroy  or  remove  from  his  place  of  business  such 
book  or  record;   or, 

4.  Refuse  to  allow  the  prosecuting  attorney  or  any  peace  officer  to  inspect 
the  same,  or  any  goods  in  his  possession,  during  the  ordinary  hours  of 
business;  or, 

5.  Report  any  material  matter  falsely  to  the  chief  of  police;   or, 

6.  Fail  to  report  forthwith  to  the  chief  of  police  the  possession  of  any 
property  which  he  may  have  good  cause  to  believe  has  been  lost  or  stolen, 
together  with  the  name  of  the  owner,  if  known,  and  the  date  when,  and  the 
name  of  the  person  from  whom  the  same  was  received  by  him ;  or, 

7.  Remove,  or  allow  to  be  removed  from  his  place  of  business,  except 
upon  redemption  by  the  owner  thereof,  any  property  received,  within  four 
days  after  the  receipt  thereof  shall  have  been  reported  to  the  chief  of 
police;  or, 

8.  Receive  any  property  from  any  person  under  the  age  of  twenty-one 
years,  any  common  drunkard,  any  habitual  user  of  narcotic  drugs,  any 
habitual  criminal,  any  person  in  an  intoxicated  condition,  any  known  thief 


Sec.  6470  CRIMES  AND  PUNISHMENTS  1852 

or  receiver  of  stolen  property,  or  any  known  associate  of  such  thief  or 
receiver  of  stolen  property,  whether  such  person  be  acting  in  his  own 
behalf  or  as  the  agent  of  another ; 
Shall  be  guilty  of  a  misdemeanor. 

6470.  Rates  of  interest  and  sale  of  pledged  property. 

SEC.  205.  All  pawn  brokers  are  authorized  to  charge  and  receive  inter- 
est at  the  rate  of  three  per  cent  a  month  for  money  loaned  on  the  security 
of  personal  property  actually  received  in  pledge,  and  every  person  who 
shall  #sk  or  receive  a  higher  rate  of  interest  or  discount  on  any  such  loan, 
or  on  any  actual  or  pretended  sale,  or  redemption  of  personal  property,  or 
who  shall  sell  any  property  held  for  redemption  within  ninety  days  after 
the  period  for  redemption  shall  have  expired,  shall  be  guilty  of  a  mis- 
demeanor. 

6471.  «  Pawn  broker"  defined.  ' 

SEC.  206.  Every  person  engaged,  in  whole  or  in  part,  in  the  business  of 
loaning  money  on  the  security  of  pledges,  deposits  or  conditional  sales  of 
personal  property,  shall  be  deemed  to  be  a  pawn  broker. 

6472.  "Second-hand"  dealer  defined. 

SEC.  207.  Every  person  engaged  in  whole  or  in  part  in  the  business  of 
buying  or  selling  second-hand  personal  property,  metal  junk,  or  melted 
metals,  shall  be  deemed  to  be  a  second-hand  dealer. 

6473.  Dissection,  when  permitted. 

SEC.  208.  The  right  to  dissect  the  dead  body  of  a  human  being  shall  be 
limited  to  cases  specially  provided  by  statute  or  by  the  direction  or  will  of 
the  deceased ;  cases  where  a  coroner  is  authorized  to  hold  an  inquest  upon 
the  body,  and  then  only  as  he  may  authorize  dissection;  and  eases  where 
the  husband,  wife  or  next  of  kin  charged  by  law  with  the  duty  of  burial 
shall  authorize  dissection  for  the  purpose  of  ascertaining  the  cause  of 
death,  and  then  only  to  the  extent  so  authorized.  Every  person  who  shall 
make,  cause  or  procure  to  be  made  any  dissection  of  the  body  of  a  human 
being,  except  as  hereinbefore  provided,  shall  be  guilty  of  a  gross  misde- 
meanor. 

6474.  Burial  or  cremating. 

SEC.  209.  Except  in  cases  of  dissection  provided  for  in  the  last  section, 
and  where  a  dead  body  shall  rightfully  be  carried  through  or  removed 
from  the  state  for  the  purpose  of  burial  elsewhere,  every  dead  body  of  a 
human  being  lying  within  this  state,  and  the  remains  of  any  dissected  body, 
after  dissection,  shall  be  decently  buried,  or  cremated  within  a  reasonable 
time  after  death. 

See  sec.  6519. 

6475.  Opening  grave— Stealing  body— Receiving  same. 

SEC.  210.  Every  person  who  shall  remove  the  dead  body  of  a  human 
being  or  any  part  thereof,  from  a  grave,  vault,  or  other  place  where  the 
same  has  been  buried  or  deposited  awaiting  burial  or  cremation,  without 
authority  of  law,  with  intent  to  sell  the  same,  or  for  the  purpose  of  secur- 
ing a  reward  for  its  return,  or  for  dissection,  or  from  malice  or  wanton- 
ness, shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more 
than  five  years,  or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
both.  Every  person  who  shall  purchase  or  receive,  except  for  burial  or 
cremation,  any  such  dead  body,  or  any  part  thereof,  knowing  that  the  same 
has  been  removed  contrary  to  the  foregoing  provisions,  shall  be  punished 
by  imprisonment  in  the  state  prison  for  not  more  than  three  years,  or  by  a 
fine  of  not  more  than  one  thousand  dollars,  or  by  both.  Every  person  who 


1853  CRIMES  AND  PUNISHMENTS  Sec.  6480 

shall  open  a  grave  or  other  place  of  interment,  temporary  or  otherwise, 
or  a  building  where  such  dead  body  is  deposited  while  awaiting  burial  or 
cremation,  with  intent  to  remove  said  body  or  any  part  thereof,  for  the 
purpose  of  selling  or  demanding  money  for  the  same,  for  dissection,  from 
malice  or  wantonness,  or  with  intent  to  sell  or  remove  the  coffin  or  of  any 
part  thereof,  or  anything  attached  thereto,  or  any  vestment,  or  other 
article  interred,  or  intended  to  be  interred  with  the  body,  shall  be  punished 
by  imprisonment  in  the  state  prison  for  not  more  than  three  years,  or  by 
a  fine  of  not  more  than  one  thousand  dollars,  or  by  both. 

6476.  Interfering  with  dead  body  or  funeral. 

SEC.  211.  Every  person  who  shall  arrest  or  attach  the  dead  body  of  a 
human  being  upon  a  debt  or  demand,  or  shall  detain  or  claim  to  detain  it 
for  any  debt  or  demand,  or  upon  any  pretended  lien  or  charge;  or  who, 
without  authority  of  law,  shall  obstruct  or  detain  a  person  engaged  in 
carrying  or  accompanying  the  dead  body  of  a  human  being  to  a  place  of 
burial  or  cremation,  shall  be  guilty  of  a  misdemeanor. 

6477.  Opening  road  through  cemetery. 

SEC.  212.  Every  person  who  shall  make  or  open  any  road,  or  construct 
any  railway,  turnpike,  canal,  or  other  public  easement  over,  through,  in  or 
upon,  such  part  of  any  inclosure  as  may  be  used  for  the  burial  of  the  dead, 
without  authority  of  law  or  the  consent  of  the  owner  thereof,  shall  be 
guilty  of  a  misdemeanor. 

6478.  Disturbing  religions  meeting. 

SEC.  213.  Every  person  who  shall  wilfully  disturb,  interrupt,  or  dis- 
quiet any  assemblage  of  people  met  for  religious  worship— 

1.  By  noisy,  rude  or  indecent  behavior,  profane  discourse,  either  within 
the  place  where  such  meeting  is  held,  or  so  near  it  as  to  disturb  the  order 
and  solemnity  of  the  meeting;    or, 

2.  By  exhibiting  shows  or  plays,  or  promoting  any  racing  of  animals,  or 
gaming  of  any  description,  or  engaging  in  any  boisterous  or  noisy  amuse- 
ment; or, 

3.  By  disturbing  in  any  manner,  without  authority  of  law  within  one 
mile  thereof,  free  passage  along  a  highway  to  the  place  of  such  meeting, 
or  by  maliciously  cutting  or  otherwise  injuring  or  disturbing  a  harness, 
conveyance,  tent  or  other  property  belonging  to  any  person  in  attendance 
upon  such  meeting; 

Shall  be  guilty  of  a  misdemeanor. 

Sec  sec.  «».")<  17. 

6479.  Unlawful  to  marry  person  without  license. 

SEC.  214.  It  shall  be  unlawful  for  any  judge  of  a  district  court  in  his 
district,  or  justice  of  the  peace  in  his  county,  or  minister  of  any  religious 
society  or  congregation,  within  this  state,  to  join  together  as  husband  and 
wife,  persons  allowed  by  law  to  be  joined  in  marriage,  until  the  persons 
proposing  such  marriage  shall  exhibit  to  him  a  license  from  the  county 
clerk  as  now  provided  by  law. 

Failure  to  deliver  or  record  certificate  of  marriage,  sec.  2346. 

False  marriage  certificate,  gross  misdemeanor,  sec.  2347. 

Marriage  ceremony  by  unauthorized  person  or  where  known  legal  impediment,  see.  2H4S. 

See  State  v.  Zichfield,"  under  sec.  «45<>. 

6480.  Idem— Penalty. 

SEC.  215.     Any  judge  of  a  district  court,  or  justice  of  the  peace,  or 

minister  violating  the  provisions  of  the  next  preceding  section  shall  be 

deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
117 


Sec.  6481  CRIMES  AND  PUNISHMENTS  1854 

fined  in  a  sum  not  exceeding  five  hundred  dollars  or  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  six  months,  or  both. 

6481.  Failure  to  support  wife  and  children  misdemeanor— Penalty. 
SEC.  216.     It  shall  be  unlawful  for  any  man  residing  in  this  state  to 

wilfully  neglect,  fail  or  refuse  to  provide  reasonable  support  and  mainte- 
nance for  his  wife  or  minor  child  or  children ;  and  any  person  guilty  of  such 
neglect,  failure  or  refusal,  upon  complaint  of  the  wife  or  any  member  of 
the  board  of  county  commissioners  of  the  county  where  such  wife  or  children 
reside,  and  upon  due  conviction  thereof  shall  be  adjudged  guilty  of  a  mis- 
demeanor and  shall  be  committed  to  the  county  jail  for  the  period  of  not 
more  than  sixty  days,  unless  it  shall  appear  that  owing  to  physical  inca- 
pacity or  other  good  cause  he  is  unable  to  furnish  such  support ;  provided, 
that  in  cases  of  conviction  for  the  offense  aforesaid,  the  court  before  which 
such  conviction  is  had,  may,  in  lieu  of  the  penalty  herein  provided,  accept 
from  the  person  convicted  a  bond  to  the  board  of  county  commissioners  of 
the  county  in  which  such  conviction  is  had,  with  good  and  sufficient  surety 
conditioned  for  the  support  of  his  wife,  child  or  children,  as  the  case  may 
be,  for  the  term  of  six  months  after  the  date  of  said  conviction ;  and  the 
court  may  accept  such  bond  at  any  time  after  such  conviction,  and  order  the 
release  of  the  person  so  convicted. 

See  Ex  Parte  Lewis,  33  Nev.—  (115  P.  729);  Ex  Parte  Hose,  33  Nev.—  (116  P.  417). 

6482.  Justice  to  issue  warrant  and  conduct  hearing. 

SEC.  217.  Any  justice  of  the  peace  of  the  county  in  which  the  offense 
defined  in  the  preceding  section  is  committed,  may,  upon  complaint  being 
made  under  oath,  issue  a  warrant  for  the  arrest  of  any  person  charged 
with  such  offense,  and  the  justice  of  the  peace  before  whom  such  person  is 
brought  under  such  warrant  shall  hear  and  determine  the  cause,  subject 
to  the  right  of  appeal  as  provided  by  law  in  other  cases. 

6483.  Wife  competent  witness. 

SEC.  218.  In  all  prosecutions  under  the  two  preceding  sections  a  wife 
shall  be  a  competent  witness  against  her  husband  with  or  without  his 
consent. 

6484.  Keeping  disorderly  house. 

SEC.  219.  Any  person  in  this  state  who  shall  keep  any  disorderly  house, 
or  any  house  of  public  resort,  by  which  the  peace,  comfort,  or  decency  of 
the  immediate  neighborhood,  or  of  any  family  thereof,  is  habitually  dis- 
turbed, or  who  shall  keep  any  inn  in  a  disorderly  manner,  is  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  by  both. 

See  Breckenridge  v.  Lamb,  34  Nev.  —  ;  Moore  v.  Orr,  30  Nev.  458  (98  P.  398). 

6485.  Selling  opium,  felony. 

SEC.  220:  Any  person  who  shall  sell,  barter,  exchange,  or  in  any  manner 
dispose  of  any  opium,  morphine,  yen  shee,  cocaine,  or  any  by-product 
thereof,  or  any  spirituous  or  malt  liquor  or  beverage  to  any  person  lawfully 
confined  in  the  state  prison  or  any  county  or  city  jail  or  public  institution  for 
the  insane,  or  other  public  institutions  where  persons  are  lawfully  confined, 
shall  be  deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be 
punished  by  imprisonment  in  the  state  prison  for  a  period  of  not  less  than 
one  nor  more  than  five  years.  This  section  shall  not  apply  to  any  physician 
prescribing  or  furnishing  any  such  drug  or  liquor  to  any  such  person,  when 
said  drugs  are  prescribed  or  furnished  for  medicinal  purposes  only. 

See  State  v.  Ching  Gang,  16  Nev.  62. 


1855  CRIMES  AND  PUNISHMENTS  Sec.  6491 

6486.    I'so  and  sale  prohibited. 

SEC.  221.  It  shall  be  unlawful  for  any  person  or  persons  to  have  in  his, 
her  or  their  possession  any  opium  pipe,  or  part  thereof,  or  to  smoke  opium, 
or  to  sell  or  give  away  for  such  purpose,  or  otherwise  dispose  of  any  opiuni 
in  this  state,  except  druggists  and  apothecaries ;  and  druggists  and  apothe- 
caries shall  sell  it  only  on  the  prescription  of  legally  practicing  physicians. 

6543,  IM-N:   State  v.  On  (iee  How,  lo  Xt>v.  1S4;  State  v.  Ah  Chew,  ](>  Nev.  .">(). 

6-1 117.    Opium  smoking— Punishment 

SEC.  222.  Any  person  who  shall  be  found  guilty  of  violating  the  provi- 
sions of  the  preceding  section,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  six  months,  or  both,  and 
the  court  pronouncing  a  judgment  of  conviction  shall  declare  such  opium 
and  pipes  contraband  and  unlawful,  and  direct  and  order  that  all  opium 
and  all  pipes  and  utensils  used  in  smoking  opium,  taken  and  found, 
destroyed  by  the  officer  or  person  having  the  possession  thereof  as  soon  as 
the  same  is  no  longer  necessary  for  the  purposes  of  evidence. 
imtc  to  sec.  iijx<». 

»U«U>.     Liability  of  property  owner. 

SEC.  223.  Any  person  who  .shall  keep,  or  who,  being  the  owner  thereof, 
shall  knowingly  permit  to  be  kept,  any  house,  room,  apartment,  or  other 
place  of  any  kind,  to  be  used  for  the  purpose  of  a  resort  by  any  person  or 
for  the  purpose  of  indulging  in  the  use  of  opium,  or  any  preparation  con- 
taining opium,  by  smoking  or  otherwise,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  be  punished  accordingly. 

r.lKJ).     tnlawful  to  resort. 

SEC.  224.  It  shall  be  unlawful  for  any  person  to  resort  to  any  house, 
room,  or  apartment,  or  other  place  kept  for  any  of  the  purposes  forbidden 
by  the  four  next  preceding  sections,  for  the  purpose  of  indulging  in  the 
use  of  opium,  or  any  preparation  containing  opium,  by  smoking  or  other- 
wise, and  any  person  who  shall  violate  the  provisions  of  this  section,  shall 
be  guilty  of  a  misdemeanor. 

'flic  \\unl  "resort,"  as  used  in  the  opium  "by    smoking    or    otherwise"    is    unessential, 

act.   means   to   go   once  or   more  to   a   place  and   need  not  be  stated  in  the   indictment. 

kept  for  opium  smoking.     A  room  where  all  An    indictment,    under    section    6    of    the 

the  apparatus  for  opium  smoking  is  found,  opiuni  act,  must  charge  the  defendant  with 

aixl    a    miinlM'r    of   persons,   white   men    and  going  to  a  house,  room,  or  apartment  kept 

chinamen,  are  present,  is  a  place  of  resort  "to  be  used  as  a  place  of  resort"  by  some 

within  the  meaning  of  those  words  as  used  person  or  persons  for  the  purpose  of  using 

in  the  statute.     State  v.  Ah  Sam,  15  Nev.  27.  opium.      The    omission    of  the   words   "as   a 

\.t  is  the  intent  to  use  opium  that  gives  place  of  resort"  held,  a  fatal  defect.     State 

character  to  the  act.     The  mode  of  using  it  v.  On  Gee  How,  15  Nev.  184. 

See  State  v.  McCormick,  14  Nev.  348. 

6490.  Lessor  liable. 

SEC.  225.  If  any  person  shall  lease  any  house,  room,  apartment, 
or  other  place  to  be  used  as  a  place  of  resort,  to  any  person  for  the 
purpose  of  indulging  in  the  use  of  opium,  or  any  preparation  containing 
opium,  knowing  the  purposes  for  which  said  house,  room,  or  apartment 
are  to  be  used,  any  judgment  obtained  as  provided  in  section  223,  shall  be 
a  lien  upon  such  house,  room,  apartment,  or  other  place  of  business  so 
leased. 

6491.  Judgment,  lien  on  property. 

SEC.  226.  Any  judgment  obtained  under  the  provisions  of  the  last  four 
preceding  sections,  for  a  fine  and  costs,  or  either,  shall  be  a  lien  on  the 
property  wherein  the  offense  was  committed,  which  lien  shall  not  be 
discharged  until  such  judgment  shall  have  been  paid,  or  otherwise  legally 
satisfied;  provided,  that  such  lien  shall  not  attach  in  cases  where  it  shall 


Sec.  6492  CRIMES  AND  PUNISHMENTS  1856 

appear  that  the  owner  of  the  property  was  not  a  party  to  the  commission  of 
the  offense,  and  had  no  knowledge  thereof  before  its  commission. 

6492.  Forfeiture  of  lease. 

SEC.  227.  If  any  person  shall  use  any  house,  room,  apartment,  or  other 
place  leased  to  him  or  her  for  any  of  the  purposes  forbidden  by  sections 
220  to  226,  both  inclusive,  such  illegal  use  shall,  at  the  option  of  the  lessor, 
operate  as  a  forfeiture  of  such  lease,  and  of  all  rights  given  thereby, 
whether  the  same  be  expressed  or  not  in  such  lease. 

6493.  Fee  of  district  attorney. 

SEC.  228.  In  all  cases  when  fines  and  costs  shall  be  paid  by  the  defend- 
ant under  the  provisions  of  the  two  last  preceding  sections,  the  fee  of  the 
district  attorney  shall  be  twenty-five  dollars,  and  the  fee  of  the  informer 
shall  be  fifteen  dollars ;  but  neither  of  said  fees  shall  in  any  case  be  a 
charge  against  or  be  paid  by  the  county  in  which  the  offense  was  committed, 
or  in  which  the  defendant  was  convicted  of  the  crime,  but  shall  be  taxed 
as  costs  against  the  defendant. 

6494.  Lotteries  defined. 

SEC.  229.  A  lottery  is  any  scheme  for  the  disposal  or  distribution  of 
property,  by  chance,  among  persons  who  have  paid  or  promised  to  pay 
any  valuable  consideration  for  the  chance  of  obtaining  such  property,  or 
a  portion  of  it,  or  for  any  share  or  any  interest  in  such  property  upon 
any  agreement,  understanding,  or  expectation  that  it  is  to  be  distributed 
or  disposed  of  by  lot  or  chance,  whether  called  a  lottery,  raffle  or  gift 
enterprise,  or  by  whatever  name  the  same  may  be  known. 

Lotteries  are  prohibited  by  Const.,  sec.  282. 

See  State  v.  Overton,  16  Nev.  136;  Ex  Parte  Blanchard,  9  Nev.  101. 

6495.  Lottery  drawing:— Penalty. 

SEC.  230.  Every  person  who  contrives,  prepares,  sets  up,  proposes,  or 
draws  any  lottery,  is  guilty  of  a  misdemeanor. 

6496.  Selling  of  tickets,  misdemeanor. 

SEC.  231.  Every  person  who  sells,  gives  or  in  any  manner  whatever 
furnishes  or  transfers  to  or  for  any  other  person  any  ticket,  chance,  share, 
or  interest,  or  any  paper,  certificate  or  instrument  purporting  or  under- 
stood to  be  or  to  represent  any  ticket,  chance,  share,  or  interest  in  or 
depending  upon  the  event  of  any  lottery,  is  guilty  of  a  misdemeanor. 

6497.  Aiding  sale  of  tickets,  misdemeanor. 

SEC.  232.  Every  person  who  aids  or  assists,  either  by  printing,  writing, 
advertising,  publishing,  or  otherwise,  in  setting  up,  managing,  or  drawing 
any  lottery,  or  in  selling  or  disposing  of  any  ticket,  chance,  or  share 
therein,  is  guilty  of  a  misdemeanor. 

6498.  Keeping  tickets,  misdemeanor. 

SEC.  233.  Every  person  who  opens,  sets  up,  or  keeps  by  himself  or  by  any 
other  person,  any  office  or  other  place  for  the  sale  of  or  for  registering 
the  number  of  any  ticket  in  any  lottery,  or  who  by  printing,  writing,  or 
otherwise  advertises  or  publishes  the  setting  up,  opening,  or  using  of  any 
such  office,  is  guilty  of  a  misdemeanor. 

6499.  Insuring  or  guaranteeing  ticket,  misdemeanor. 

SEC.  234.  Every  person  who  insures  or  receives  any  consideration  for 
insuring  for  or  against  the  drawing  of  any  ticket  in  any  lottery  whatever, 
whether  drawn  or  to  be  drawn  within  this  state  or  not,  or  who  receives 
any  valuable  consideration  upon  any  agreement  to  repay  any  sum  or  deliver 
the  same,  or  any  other  property,  if  any  lottery  ticket  or  number  of  any 


1857  CRIMES  AND  PUNISHMENTS  Sec.  6504 

ticket  in  any  lottery  shall  prove  fortunate  or  unfortunate,  or  shall  be  drawn 
or  not  be  drawn  at  any  particular  time  or  in  any  particular  order,  or  who 
promises  or  agrees  to  pay  any  sum  of  money,  or  to  deliver  any  goods, 
things  in  action  or  property,  or  to  forbear  to  do  anything  for  the  benefit 
of  any  person,  with  or  without,  consideration,  upon  any  event  or  con- 
tingency dependent  upon  the  drawing  of  any  ticket  in  any  lottery,  or  who 
publishes  any  notice  or  proposal  of  any  of  the  purposes  aforesaid,  is  guilty 
of  a  misdemeanor. 

<)500.    Property  forfeited  to  state. 

SEC.  235.  All  moneys  and  property  offered  for  sale  or  distribution  in 
violation  of  any  of  the  provisions  of  sections  229  to  234,  both  inclusive,  are 
forfeited  to  the  state,  and  may  be  recovered  by  information  filed  or  by  an 
action  brought  by  the  attorney-general,  or  by  any  district  attorney,  in  the 
name  of  the  state.  Upon  the  filing  of  the  information  or  complaint,  the 
clerk  of  the  court,  or  if  the  suit  be  in  a  justice's  court,  the  justice  must  issue 
an  attachment  against  the  property  mentioned  in  the  complaint  or  informa- 
tion, which  attachment  has  the  same  force  and  effect  against  such  property, 
and  is  issued  in  the  same  manner  as  attachments  from  the  district  courts 
in  civil  cases. 

6501.     Mem—  Letting  use  of  building  misdemeanor. 
SEC.  236.    Every  person  who  lets  or  permits  to  be  used  any  building  or 
fl,  or  any  portion  thereof,  knowing  that  it  is  to  be  used  for  setting  up, 
managing,  or  drawing  any  lottery,  or  for  the  purpose  of  selling  or  disposing 
of  lottery  tickets,  is  guilty  of  a  misdemeanor. 

650-2.     I  nhnvt'ul  to  sell  tobacco  to  minors—  Penalty. 

SEC.  237.  It  shall  be  unlawful  for  any  person  or  persons  within  this 
state  to  sell  or  give  to  any  minor,  under  the  age  of  twenty-one  years,  any 
cigarette  or  cigarettes,  or  any  tobacco  of  any  description,  except  that  upon 
the  written  order  of  the  parent  or  guardian  of  the  minor,  the  person  applied 
to  may  give  or  sell  to  the  minor,  for  the  use  of  the  guardian  or  parent, 
tobacco  or  cigars;  said  written  request  to  be  kept  on  file  by  the  seller 
or  giver  of  the  article  so  sold  or  given  away.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof  shall  be  punished  by  a  fine  in  any  sum 
not  exceeding  five  hundred  dollars  and  not  less  than  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  a  period  not  exceeding  six  months 
nor  less  than  fifty  days,  or  both.  The  justice  of  the  peace  shall  also  tax 
as  costs  fifty  dollars,  in  addition  to  the  fine,  which  sum  shall  be  paid  to  the 
informer. 

Unlawful  to  sell  or  give  away  cigarettes  or  cigarette  papers  to  minors,  sees.  3874,  387"). 

6503.  Idem— Dealer  to  forfeit  license. 

SEC.  238.  If  any  dealer  in  cigarettes,  cigars  and  tobacco  shall  be  con- 
victed twice  for  the  commission  of  the  offense  described  in  the  preceding 
section,  he  shall  forfeit  his  license  or  licenses  for  carrying  on  his  business, 
and  no  license  shall  be  again  granted  to  him  to  carry  on  a  like  business  in 
this  state. 

6504.  Sale  of  liquor  within  half  mile  of  state  prison  unlawful— Penalty. 
SEC.  239.    It  shall  be  unlawful  for  any  person  or  persons  to  sell  by 

wholesale  or  retail  any  spirituous  or  malt  liquors,  wine  or  cider,  within 
one-half  mile  of  the  state  prison,  and  no  license  shall  be  granted  authoriz- 
ing the  sale  of  any  spirituous  or  malt  liquors,  wine,  or  cider,  within  one- 
half  mile  of  said  state  prison.  A  violation  of  the  provisions  of  this 
section  shall,  on  conviction,  be  punished  by  a  fine  of  not  less  than  fifty  dol- 


Sec.  6505  CRIMES  AND  PUNISHMENTS  1858 

lars,  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  twenty-five  days,  nor  exceeding  six  months. 

Sale  of  liquor  near  construction  camp,  sees.  6839-0841. 

6505.  Liquors  prohibited  in  capitol  building— Penalty. 

SEC.  240.  Any  person  who  shall  sell,  barter,  give,  or  in  any  way  dispose 
of,  any  spirituous  or  malt  liquors,  wines  or  cider,  of  any  description  what- 
ever, within  the  capitol  building  of  this  state,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  shall  be  fined  in  any  sum,  not 
less  than  one  hundred  dollars,  and  not  exceeding  five  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  for  any  time,  not  less  than  one  month  and  not 
exceeding  six  months,  or  both. 

6506.  Selling  liquor  to  minors  or  imbeciles,  or  allowing  minors  in  billia  rd 

halls— Employing  minor  as  barkeeper. 

SEC.  241.  Every  person  who  shall  sell  or  give  to  any  person  under  the 
age  of  twenty-one  years,  or  to  any  one  known  to  be  an  imbecile,  any 
intoxicating  drink  or  drinks  or  who  shall  employ  a  minor  as  a  barkeeper, 
and  every  minor  who  shall  falsely  represent  himself  to  be  twenty-one 
years  of  age  in  order  to  obtain  such  intoxicating  drink  or  drinks,  is  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars,  or  imprisonment  in 
the  county  jail  not  less  than  fifty  days,  nor  more  than  six  months,  or  by 
both  such  fine  and  imprisonment;  provided,  that  nothing  in  this  section 
shall  be  deemed  to  apply  to  parents  of  such  minors  and  imbeciles,  or 
guardian  of  their  wards,  or  physicians.  Every  person  owning  or  having 
in  charge  any  saloon,  or  public  hall,  or  public  room,  where  one  or  more 
billiard  tables  or  pool  tables  are  kept,  and  every  person  owning  or  having 
in  charge  any  billiard  or  pool  table  kept  for  hire  or  for  the  purpose  of 
charging  persons  who  play  thereon,  or  for  the  use  of  persons  who  may 
'buy  drinks,  cigars  or  tobacco  in  the  building  in  which  such  table  or  tables 
are  kept,  who  shall  allow  any  minor  under  the  age  of  twenty-one  years  to 
play  billiards  or  pool  upon  any  such  table,  or  -to  frequent  the  room  where 
such  table  is  kept,  without  the  written  consent  of  the  parent  or  guardian 
of  such  minor,  is  guilty  of  a  misdemeanor. 

See  subdivision  11  of  sec.  0019. 

See  sees.  0842,  0848. 

Sale  of  liquor  near  construction  camp,  sees.  6839-0841. 

"Saloon"  defined.     Ex  Parte  Livingston,  20  Nev.  282  (4  L.  R.  A.  732,  21  P.  822). 

6507.  Providing  Indian  liquor,  felony. 

SEC.  242.  It  shall  be  unlawful  for  any  person  to  sell,  barter,  give  or  in 
any  manner  dispose  of  ardent,  spirituous  or  malt  liquors,  or  any  intoxi- 
cating liquors,  liquids,  drug  or  substance  whatsoever,  to  any  Indian  within 
this  state ;  and  any  such  person  or  persons  so  unlawfully  disposing  of  such 
intoxicants,  within  this  state,  to  an  Indian  who  is  not  a  ward  of  the  govern- 
ment of  the  United  States  shall  be  deemed  guilty  of  a  felony,  and  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  five  hundred 
dollars,  nor  more  than  one  thousand  dollars,  or  be  imprisoned  in  the  state 
prison  for  a  term  not  less  than  one  year  nor  more  than  five  years,  or  both. 

The  introduction  of  intoxicating  liquors  into  Indian  reservations,  or  the  selling  or  giving 
of  the  same  to  Indians  who  are  wards  of  the  government,  is  prohibited  bv  the  United  States. 
See  U.  S.  Rev.  Stat.  (3878),  sec.  2139;  27  U.  S.  Stat.  L.  200,  29  U.  S.  Stat.  L.  500. 

See  State  v.  Finhegan,  27  Nev.  57  (71  P.  042);  State  v.  Niblett,  31  Nev.  240  (102  P.  229); 
State  v.  Murphy,  23  Nev.  390  (48  P.  628). 

6508.  Federal  government  to  prosecute— Terms  defined. 

SEC.  243.  Any  person  who  shall,  within  this  state,  so  unlawfully  dis- 
pose of  any  such  intoxicants,  as  set  forth  in  section  242,  to  any  Indian  who 


1859  CRIMES  AND  PUNISHMENTS  Sec.  6511 

shall  be  a  ward  of  the  government  of  the  United  States,  and  for  which 
offense  the  government  has  enacted,  or  may  hereafter  enact,  laws  against, 
with  punishments  therefor,  may  be  arrested  by  any  peace  officer  and 
delivered  to  the  United  States  authorities,  for  punishment  under  the  laws 
of  the  United  States.  Upon  such  arrest,  the  arresting  officer  shall  imme- 
diately notify  the  nearest  proper  United  States  official  (United  States 
commissioner,  United  States  district  attorney,  or  United  States  marshal, 
for  the  District  of  Nevada)  that  such  offense  has  been  committed,  and  that 
the  offender  has  been  so  arrested  and  shall  request  such  United  States 
officials,  so  notified,  to  take  charge  of  such  offender,  to  be  prosecuted  under 
the  laws  of  the  United  States.  Such  arresting  officer  shall  hold  and  detain, 
or  cause  to  be  held  and  detained,  such  offender,  in  the  same  manner  as 
holding  and  detaining  other  offenders  against  the  laws  of  the  state  or  city, 
for  a  reasonable  length  of  time,  to  enable  the  authorities  of  the  United 
States  to  respond  to  such  notification  and  request,  and  to  take  charge  of 
the  offender ;  and  upon  request  of  a  proper  United  States  official,  the  state 
or  local  authority  having  him  in  charge  shall  at  once  deliver  the  offender 
into  the  custody  of  such  United  States  official,  to  be  proceeded  against 
under  the  laws  of  the  United  States,  and  shall  furnish  him  with  all 
information  and  evidence  he  may  possess  for  the  prosecution  of  the 
offender.  The  term  ''ward  of  the  government  of  the  United  States,"  for 
the  purposes  of  this  and  the  preceding  section,  shall  be  construed  to  mean 
any  Indian  over  whose  tribe  or  person  the  government  of  the  United 
States  assumes  any  superintendency,  guardianship  or  wardship,  whether 
the  same  arises  from  government  Indian  reservation,  holding  lands  in 
allotment,  or  from  any  other  cause. 
Niblett,  :;i  Nev.  LM»;  i  nn>  p.  22 

r>r>0i).     Idem  —  Anvsthur  ottirer  to  receive  fees. 

SEC.  244.  The  holding  of  such  offender  to  answer  before  a  United 
States  court,  by  a  proper  United  States  authority,  or  the  conviction  of 
such  offender  in  a  United  States  court,  shall  be  considered  sufficient 
warrant  for  his  arrest  and  detention  by  such  state  or  local  officer  or 
officers,  and  upon  and  after  such  holding  to  answer,  or  conviction, 
such  state  or  local  officer  or  officers,  making  and  causing  such  arrest  and 
detention  of  such  offenders  set  forth  in  section  243  shall  be  entitled 
to  receive  from  the  county  wherein  such  offense  was  committed  the 
same  fees,  in  the  same  manner,  for  such  arrest  and  all  actual  expenses 
which  he  or  they  necessarily  incur  in  such  arrest  and  detention,  as 
he  or  they  would  receive  under  the  state  laws,  were  such  offender  to  be 
prosecuted  under  the  laws  of  the  state.  All  of  which  fees  and  expenses 
may  be  included  in  his  or  their  usual  bills  presented  against  the  county  for 
official  services. 

6510.  Houses  of  ill-fame,  location  of. 

SEC.  245.  It  shall  be  unlawful  for  any  owner,  or  agent  of  any  owner, 
or  any  other  person  to  keep  any  house  of  ill-fame,  or  to  let  or  rent  to 
any  person  whomsoever,  for  any  length  of  time  whatever,  to  be  kept  or 
used  as  a  house  of  ill-fame,  or  resort  for  the  purposes  of  prostitution,  any 
house,  room  or  structure  situated  within  four  hundred  yards  of  any 
school  house  or  school  room  used  by  any  public  or  common  school  in  the 
State  of  Nevada,  or  within  four  hundred  yards  of  any  church  edifice,  build- 
ing or  structure  erected  for  and  used  for  devotional  services  or  religious 
worship  in  this  state. 

Location  of  house  of  prostitution,  see  sees.  3457-3459.    See  Ex  Parte  Ah  Pah,  34  Nev.  —  . 

6511.  Certain  property  not  to  be  rented  for  hiirdy  house,  or  prostitution. 

SEC.  246.    It  shall  be  unlawful  for  any  owner  or  agent  of  any  owner 


Sec.  6512  CRIMES  AND  PUNISHMENTS  1860 

or  any  other  person  to  keep,  let  or  rent  for  any  length  of  time,  or  at  all, 
any  house  fronting  on  the  principal  business  street  or  thoroughfare  of  any 
of  the  towns  of  this  state,  for  the  purpose  of  prostitution  or  for  the  pur- 
pose of  keeping  any  dance  house  or  house  commonly  called  a  hurdy  house, 
or  house  where  wine,  beer  or  spirituous  liquors  are  sold  or  served  by 
females  or  female  waiters  or  attendants,  or  where  females  are  used  or 
employed  to  attract  or  solicit  custom,  nor  shall  any  entrance  or  exit  way 
to  any  house  referred  to  in  this  section  be  made  or  used  from  the  principal 
business  street  or  thoroughfare  of  any  of  the  towns  of  this  state. 

6512.    Idem— Penalty. 

SEC.  247.  Any  person  violating  the  provisions  of  the  last  two  preceding 
sections  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  three  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  not  less  than  five  nor  more  than 
sixty  days,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

6518.    Idem— Competent  evidence. 

SEC.  248.  In  the  trial  of  all  cases  arising  under  the  provisions  of  sections 
245  to  247,  inclusive,  evidence  of  general  reputation  shall  be  deemed  com- 
petent evidence  as  to  the  question  of  the  ill-fame  of  any  house  alleged  to  be 
so  kept,  and  to  the  question  of  the  ill-fame  of  such  woman. 

6514.  Marriages  between  Caucasian  and  other  races  prohibited. 

SEC.  249.  It  shall  be  unlawful  for  any  person  of  the  Caucasian  or  white 
race  to  intermarry  with  any  person  of  the  Ethiopian  or  black  race,  Malay 
or  brown  race,  Mongolian  or  yellow  race,  or  the  American  Indian  or  red 
race,  within  the  State  of  Nevada. 

6515.  Penalty  for  contracting  parties. 

SEC.  250.  All  persons  marrying  contrary  to  the  provisions  of  the  last 
preceding  section  shall  be  guilty  of  a  gross  misdemeanor. 

6516.  Penalty  for  minister. 

SEC.  251.  Any  officer,  minister,  priest  or  other  person  authorized  by  the 
laws  of  the  State  of  Nevada  to  perform  ceremonies  of  marriage,  who  shall 
knowingly  perform,  or  knowingly  assist  in  the  performance  within  the 
State  of  Nevada  of  any  ceremony  of  marriage  between  any  person  of  the 
Caucasian  or  white  race  and  any  person  of  any  other  race  contrary  to  the 
provisions  of  section  249,  shall  be  guilty  of  a  gross  misdemeanor. 

6517.  Fornication  between  certain  races  prohibited— Penalty. 

SEC.  252.  If  any  white  person  shall  live  and  cohabit  with  any  black  per- 
son, mulatto,  Indian,  or  any  person  of  the  Malay  or  brown  race  or  of  the 
Mongolian  or  yellow  race,  in  a  state  of  fornication,  such  person  so  offend- 
ing shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding  five 
hundred  dollars,  and  not  less  than  one  hundred  dollars,  or  be  imprisoned  in 
the  county  jail  not  less  than  six  months  or  more  than  one  year,  or  both. 

6518.  All  gambling  prohibited— Penalty. 

SEC.  253.  It  shall  be  unlawful  for  any  person  to  deal,  play  or  carry  on, 
open  or  conduct  in  any  capacity  whatever,  any  game  of  faro,  monte, 
roulette,  lansquenet,  rouge  et  noir,  rondo,  tan,  f antan,  stud-horse  poker, 
seven-and-a-half,  twenty-one,  hokey-pokey,  craps,  klondyke,  poker,  or  any 
banking  or  percentage  game  played  with  cards,  dice,  or  any  device,  for 
money,  property,  checks,  credit  or  any  representative  of  value;  or  any 
gambling  game  in  which  any  person  keeping,  conducting,  managing  or 
permitting  the  same  to  be  carried  on  receives,  directly  or  indirectly,  any 


1861  CRIMES  AND  PUNISHMENTS  Sec.  6522 

compensation  or  reward,  or  any  percentage  or  share  of  the  money  or  prop- 
erty played,  for  keeping,  running,  carrying  on  or  permitting  the  said  game 
to  be  carried  on  ;  or  to  play,  maintain  or  keep  any  slot  machine  played  for 
money  or  for  checks  or  tokens  redeemable  in  money,  or  played  for  chance  ; 
or  to  buy,  sell  or  deal  in  pools  or  make  books  on  horse  races  ;  and  any  per- 
son who  violates  any  of  the  provisions  of  this  section  shall  be  guilty  of  a 
felony  and  upon  conviction  thereof  shall  be  imprisoned  in  the  state  prison 
for  a  period  of  not  less  than  one  year  nor  more  than  five  years. 

sees.  <')4t;:;.  i;4i>4.  r>ot>l. 

See  Sc.,tt  v.  Courtney,  7Nev.  41'.»:  Kvans  v.  Cook,  11  Nev.  (>9;  Burke  v.  Buck,  HI  Nev.  74, 
22  L.  K.  A.  .  N.  S.  )  iii>7.'W  P.  1078;  Memmli  v.  \Yarker,  H'J  Nev.  1W  (  !():>  P.  2S7);  State  ex  rel. 
Patterson  v.  Donovan.  •_»<)  Nev.  7:>  i  l-~>  T.  7SH). 


Penalty  for  person  permitting  jrames. 
SEC.  254.  Every  person  who  knowingly  permits  any  of  the  games  or 
slot  machines  mentioned  in  the  preceding  section  to  be  played,  conducted, 
dealt,  or  maintained  in  any  house,  building  or  part  thereof  owned  or  rented 
by  such  person,  shall  be  punished  as  provided  in  the  preceding  section,  and 
every  day  of  the  violation  of  any  of  the  provisions  of  sections  253  to  257, 
both  inclusive,  shall  be  deemed  a  separate  offense. 

(>520.     IVnaltv  for  having  gambling  implements  in  possession. 

SEC.  255.  If  any  person  shall  keep,  exhibit,  or  have  in  his  possession, 
any  cards,  tables,  checks,  wheels,  slot  machines  or  gambling  devices  of  any 
nature  used  or  kept  for  the  purpose  of  playing  any  of  the  games  mentioned 
in  section  253,  or  shall  aid,  assist  or  permit  others  to  do  the  same,  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  one  month  nor  more  than  six  months,  or  by  both. 

6.V21.     Duty  of  officer  to  sei/e  jramblhur  paraphernalia. 

SEC.  256.  It  shall  be  the  duty  of  all  sheriffs,  constables,  police  and  other 
peace  officers  whenever  it  shall  come  to  the  knowledge  of  such  officer  that 
any  person  has  in  his  possession  any  cards,  tables,  checks,  balls,  wheels,  slot 
machines  or  gambling  devices  of  any  nature  or  kind  used  or  kept  for  the 
purpose  of  playing  at  any  of  the  games  mentioned  in  section  253,  or  that 
any  cards,  tables,  checks,  balls,  wheels,  slot  machines  or  gambling  devices 
used  or  kept  for  the  purposes  aforesaid  may  be  found  in  any  place,  to 
seize  and  take  such  cards,  tables,  checks,  balls,  wheels,  slot  machines  or 
other  gambling  devices,  and  convey  the  same  before  a  magistrate  of  the 
county  in  which  said  devices  shall  be  found;  and  it  shall  be  the  duty  of 
such  judge  to  inquire  of  such  witnesses  as  he  shall  summon  or  as  may 
appear  before  him  in  that  behalf,  touching  the  nature  of  such  gambling 
devices,  and  if  such  judge  shall  determine  that  the  same  are  used  or  kept 
for  the  purpose  of  being  used  at  any  game  or  games  of  chance  described  in 
section  253,  it  shall  be  his  duty  to  destroy  the  same.  It  shall  be  lawful  for 
officers  in  executing  the  duties  imposed  upon  them  by  this  section  to  break 
open  doors  for  the  purpose  of  obtaining  possession  of  any  such  gambling 
devices;  and  all  persons  having  such  possession  of  any  of  the  articles 
aforesaid,  shall  be  conveyed  before  a  magistrate  of  such  county  and  held 
or  committed  for  appearance  to  answer  any  complaint  which  may  be  pre- 
ferred against  them  for  violation  of  sections  253  to  257,  both  inclusive. 

6522.    Witness  not  exempt  from  testifying-  but  cannot  be  prosecuted. 

SEC.  257.  No  person,  otherwise  competent  as  a  witness,  shall  be  exempt 
from  testifying  as  such  concerning  offenses  of  gambling,  as  set  forth  in 
sections  253  to  257,  both  inclusive,  on  the  ground  that  such  testimony  may 
criminate  himself;  but  no  prosecution  can  afterwards  be  had  against  him 
for  any  offense  concerning  which  he  testified. 


Sec.  6523  CRIMES  AND  PUNISHMENTS  1862 

6523.  Selling  liquor  to  drunkards— Penalty  for  drunkenness. 

SEC.  258.  It  shall  be  unlawful  for  the  proprietor,  bartender,  or  person 
in  charge  of  any  saloon  or  bar,  to  sell  or  give,  or  to  permit  to  be  sold  or 
given,  any  intoxicating  liquor  to  any  person  who  is  drunk,  or  to  any  person 
known  by  such  proprietor,  bartender  or  person  in  charge  to  be  an  habitual 
drunkard,  or  dipsomaniac,  or  to  any  habitual  drunkard  or  dipsomaniac, 
after  being  notified  by  the  wife,  father  or  mother,  son  or  daughter  of  such 
habitual  drunkard  or  dipsomaniac,  or  by  any  peace  officer,  nor  to  sell 
or  give  liquor  to  such  habitual  drunkard  or  dipsomaniac.  The  pro- 
prietor, bartender,  or  person  in  charge  of  any  saloon  or  bar,  may 
post  behind  the  bar,  where  the  same  may  be  readily  seen  by  the  bar- 
tender, but  may  not  be  seen  by  the  persons  in  front  of  the  bar,  a  list 
of  the  names  of  habitual  drunkards,  or  person  to  whom  intoxicating 
liquors  are  not  to  be  sold.  It  shall  be  unlawful  for  any  habitual  drunkard, 
dipsomaniac,  or  drunken  person,  after  being  refused  intoxicating  liquor,  to 
again  demand  the  same  on  the  same  day  from  the  person  refusing  to  sell 
or  to  give  him  intoxicating  liquors.  It  shall  be  unlawful  for  any  person  to 
sell  any  intoxicating  liquor  to  any  husband  or  father  whose  wife,  or  minor 
child  or  children,  are  in  destitute  circumstances  and  who  are  not  supplied 
with  the  common  necessaries  of  life  by  such  husband  or  father,  after  notice, 
from  the  wife  or  minor  child  of  such  husband  or  father,  or  from  any  peace 
officer,  not  to  sell  any  intoxicating  liquor  to  such  husband  or  father,  and 
that  such  husband  or  father  fails  to  provide  his  wife  or  minor  child  with 
the  common  necessaries  of  life.  Any  person  violating  the  foregoing  pro- 
visions of  this  section  or  who,  as  a  result  of  the  use  of  intoxicating  liquors 
shall  abuse  or  fail  properly  to  support  or  care  for  his  wife  or  any  minor 
child  lawfully  in  his  custody,  shall  be  guilty  of  a  misdemeanor. 

See  sees.  «83H,  0838. 

6524.  Horse  meat— Misdemeanor  to  sell  without  informing. 

SEC.  259.  It  shall  be  unlawful  for  any  person  to  sell  the  meat  of  any 
equine  animal,  without  informing  the  purchaser  thereof,  at  the  time  of 
such  sale,  that  said  meat  is  the  meat  of  an  equine  animal.  Any  person 
violating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  punished  by  fine  in  a  sum  not  exceeding 
fifty  dollars,  or  be  imprisoned  in  the  county  jail  not  more  than  twenty-five 
days,  oi4  both. 

6525.  Horse  meat— Seller  must  exhibit  hide. 

SEC.  260.  It  shall  be  unlawful  for  any  person  peddling  the  meat  of  any 
equine  animal,  who  is  not  the  keeper  of  any  shop  or  meat  market,  to  sell 
such  meat  without  having  in  his  possession  then  and  there,  and  upon 
request  exhibiting  the  hide  of  such  animal  containing  the  brand  and  other 
marks  thereon.  Any  person  violating  the  provisions  of  this  section  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished 
as  prescribed  in  the  next  preceding  section. 

6526.  Duties  of  manufacturers. 

SEC.  261.  Every  person  who  shall  manufacture  for  sale  any  article  or 
substance  in  semblance  of  butter,  that  is  not  the  legitimate  product  of  the 
dairy,  and  not  made  exclusively  of  milk  or  cream,  but  into  which  the  oil  or 
fat  of  animals,  not  produced  from  milk,  enters  as  a  component  part,  or 
into  which  melted  butter,  or  any  oil  thereof  has  been  introduced,  to  take 
the  place  of  cream,  unless  the  package  containing  such  article  or  substance 
shall  be  labeled  or  branded  with  the  word  "oleomargarine,"  as  provided 
in  the  next  following  section  shall  be  deemed  guilty  of  a  misdemeanor. 

See  sees.  3486,  3508. 


1863  CRIMES  AND  PUNISHMENTS  Sec.  6580 

(>527.    Substitute  for  butter  stamped  or  branded. 

SEC.  262.  Every  person  who  shall  sell,  or  offer,  or  expose  for  sale,  or 
have  in  his  or  her  possession  with  intent  to  sell  any  of  the  said  article  or 
substance  mentioned  in  the  next  preceding  section,  shall  distinctly  mark, 
brand  or  label  every  package  containing  such  substance,  whether  at  whole- 
sale or  retail,  with  the  word  "oleomargarine,"  and  every  person  who  shall 
sell,  or  offer  for  sale,  such  substance  not  so  branded,  marked,  or  labeled, 
shall  be  guilty  of  a  misdemeanor. 
.  :usti.  :;r>08. 


(J528.     Letters  tor  brands. 

SEC.  263.    The  branding  or  marking  required  in  the  two  next  preceding 

sections,  if  on  rolls  or  prints,  shall  be  in  letters  not  less  than  one-fourth  of 
an  inch  square,  and  if  on  tubs  or  other  packages,  the  letters  shall  not  be 
less  than  one-half  inch  square. 

CHAPTER  15 

CRIMES  AGAINST  PUBLIC   HEALTH 

i;.V_'!i.  Conveying     venereal     diseases  —  Police  6f.u;.   Deposit   of   unwholesome   substance. 

to   be  notified.  i:."H7.  Polluting  waters. 

Kxposing   contagious   diseases.  is.  Shearing  sheep  within  cities  and  towns 

r>:,;;  1.    Diseased  animals.  pmhihited. 

I'.."I.".L'.   Diseased    animals  —  Disposal    of    car  •;.".  r.».   liurial    of   dead  —  OH  ilii-ah-    of    pliysi- 

~ses.  cian  —  Coroner's   permit  to  issue. 

<;r,:;:;.   Ur,|.|in-    used    about    contagious    dis-  i;.~>r>i).  To     present     <-ert  ilirnle  —  Coroner    to 

eases  not  to  be  used  again.  issue  permit. 

l!o>pital,  unlawful   near  school.  i;.~..~»l.  Physician   issuing  false   certificate. 

Si-Ming  diseased  flesh.  •;."•:.'.    Kxhuming    remains    of    deceased    per- 
i>r>:!i>.   Selling    impure   milk.  son. 

r,:>:;7.   Adulteration   and   quality   of   milk.  6553.  Idem  —  Commissioners  to  issue  permits. 

1.  1.  'in     Sale  of  skimmed  milk.  ii">4.  Hours  of  labor  in  underground  mines. 

v   Adulterations  of   milk,   what  are.  6555.  Hours  of  labor  in  smelters  and  mills. 

8640.    Furnishing  impure  water.  6556.  Idem  —  Mines  and  mills  —  Penalty. 

i!.~>41.  Wilfully   poisoning  food.  <;.",."»  7.    Hours  of  labor  in  open  mines. 

.  Person    omitting    to    label    drugs,    or  6558.  Idem  —  Penalty. 

labeling  them  wrongfully.  i;r>.->(.>.   Hours  of  labor  in  plaster  and  cement 
.    I.Vgulating  the  sale  of  narcotic  drugs.  mills. 

|>.">}4.  Fraudulent  prescription  by  physician.  0560.  Idem  —  Penalty. 
6545.  Presenting  fraudulent  prescription. 


ronve.vinjr  venereal  diseases—  Police  to  be  notified. 
SEC.  264.  Every  person  afflicted  with  any  infectious  or  contagious 
venereal  disease  which  may  be  conveyed  to  another,  who  shall  have  sexual 
intercourse  with  any  other  person,  is  guilty  of  a  misdemeanor,  and  any 
physician,  or  other  person,  knowing  that  any  common  prostitute  is  afflicted 
with  any  infectious  or  contagious  venereal  disease,  who  fails  to  immedi- 
ately notify  the  police  authorities  of  the  town,  city  or  place,  where  such 
prostitute  is  at  the  time  of  the  discovery  of  the  existence  of  such  disease,  is 
guilty  of  a  misdemeanor. 

6530.    Exposing  contagious  disease. 

SEC.  265.  Every  person  afflicted  with  any  infectious  or  contagious 
disease,  who  shall  wilfully  expose  himself  to  another,  and  any  person  who 
shall  wilfully  expose  any  animal  affected  with  any  contagious  or  infectious 
disease,  in  any  public  place  or  thoroughfare,  except  upon  his  or  its  neces- 
sary removal  in  a  manner  not  dangerous  to  the  public  health  or  to  the 
health  of  other  animals  ;  and  every  person  so  affected  who  shall  wilfully 
expose  any  other  person  thereto  without  his  knowledge,  shall  be  guilty  of 
a  misdemeanor. 

Health  officer  failing  to  enforce  act,  sec.  2972. 


Sec.  6531  CRIMES  AND  PUNISHMENTS  1864 

6531.  Diseased  animals. 

SEC.  266.  Every  owner  or  person  having  charge  thereof,  who  shall 
import  or  drive  into  this  state,  or  who  shall  turn  out  or  suffer  to  run  at 
large  upon  any  highway  or  unenclosed  lands,  or  upon  any  lands  adjoining 
the  enclosed  lands  kept  by  any  person  for  pasture;  or  who  shall  keep  or 
allow  to  be  kept  in  any  barn  with  other  animals,  or  water  or  allow  to  be 
watered  at  any  public  drinking  fountain  or  watering  place,  any  animal 
having  any  contagious  or  infectious  disease;  or  who  shall  sell,  let  or  dis- 
pose of  any  such  animal  knowing  it  to  be  so  diseased,  without  first  appris- 
ing the  purchaser  or  person  taking  it  of  the  existence  of  such  disease,  shall 
be  guilty  of  a  misdemeanor. 

See  sec.  6815. 

Bringing  diseased  animals  into  state,  selling  diseased  animals,  poultry,  fish,  etc.,  sec.  2995. 

Misdemeanor  to  expose  infected  sheep  or  permit  to  run  at  large,  sec.  2310. 

Violating  sheep  inspection  act,  sec.  4602. 

See  note  to  sec.  6532. 

6532.  Diseased  animals— Disposal  of  carcasses. 

SEC.  267.  Every  person  owning  or  having  in  charge  any  animal  that 
has  died  or  been  killed  on  account  of  disease,  shall  immediately  bury  the 
carcass  thereof  at  least  three  feet  underground,  or  cause  the  same  to  be 
consumed  by  fire.  No  person  shall  sell  or  offer  to  sell  or  give  away  the 
carcass  of  any  animal  which  died  or  was  killed  on  account  of  disease,  or 
convey  the  same  along  any  public  road  or  land  not  his  own  in  a  manner 
dangerous  to  the  public  health  or  the  health  of  other  animals.  Every 
violation  of  any  provision  of  this  section  shall  be  a  misdemeanor. 

Bringing  stock  from  infected  state  or  district  in  violation  of  quarantine,  sec.  2271. 
Diseased  or  infected  animals  on  public  highways,  sees.  2266,  2268,  2272. 
Failing  to  burn  or  bury  stock  dying  of  contagious  diseases,  sees.  2272,  227.'!. 
See  note  to  sec.  6531. 

6533.  Bedding  used  about  contagions  diseases  not  to  be  used  a<rain. 
SEC.  268.    Any   person   who   shall   knowingly   have   or   use   about   his 

premises,  or  who  shall  convey,  or  cause  to  be  conveyed,  into  any  neighbor- 
hood, any  clothing,  bedding,  or  other  substance,  used  by  or  in  taking  care 
of  any  person  afflicted  with  small-pox  or  other  infectious  or  contagious 
disease,  or  infected  thereby,  or  shall  do  any  other  act  with  the  intent  to, 
or  necessarily  tending  to  the  spread  of  such  disease  into  any  neighborhood 
or  locality;  every  person  so  offending  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof  shall  be  punished  by  fine  in  any  sum 
not  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  both ;  and  the  court  trying  any  such  offender, 
may  also  include  in  any  judgment  rendered  an  order  to  the  effect  that  the 
clothing  or  other  property  infected  be  burned  or  otherwise  destroyed,  and 
shall  have  power  to  carry  such  order  into  effect. 

6534.  Hospital,  unlawful  near  school. 

SEC.  269.  It  shall  be  unlawful  for  any  person,  persons,  firm,  corporation, 
or  association,  to  locate  or  maintain  any  hospital  for  the  treatment  of 
diseased  or  injured  persons  within  three  hundred  feet  of  any  public  school 
building;  provided,  that  nothing  in  this  section  shall  apply  to  hospitals 
now  being  operated.  Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  fined  not  less  than  fifty  dollars  nor  more  than  three  hundred  dollars. 

6535.  Selling  diseased  flesh. 

SEC.  270.  Any  person  who  shall  knowingly  sell  any  flesh  of  any  diseased 
animal  is  guilty  of  a  gross  misdemeanor  and  shall  be  punished  accordingly. 

See  sec.  2 


1865  CRIMES  AND  PUNISHMENTS  Sec.  6542 

653(>.    Selling  impure  milk. 

SEC.  271.  Any  person  who  shall  knowingly  sell  or  exchange,  or  expose 
for  sale  or  exchange,  any  impure,  adulterated  or  unwholesome  milk,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  for  not  more  than  six 
months,  or  both. 

Bee  pure  food  law,  sees.  348t>  3510. 

()5H7.    Adulteration  and  <|iiality  of  milk. 

SEC.  272.  Any  person  who  shall  adulterate  milk  with  the  view  of  offer- 
ing the  same  for  sale  or  exchange;  or  shall  keep  cows  for  the  production 
of  milk  for  market,  or  for  sale  or  exchange,  in  a  crowded  or  unhealthy 
condition,  or  feed  the  same  on  food  that  produces  impure,  diseased  or 
unwholesome  milk,  or  who  shall  sell  or  exchange  or  offer  to  sell  or 
exchange  any  milk  as  pure,  from  which  the  cream  or  any  portion  thereof 
has  been  taken,  except  as  provided  in  the  next  following  section,  shall  be' 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding  six  months, 
or  both. 

SIM-  purr  food  l:i\\.  >»•<•<.  .">K!»'>  .'!">10. 

r».V-W.     Idem— Sale  of  skimmed  milk. 

SEC.  273.  Nothing  in  the  next  preceding  section  shall  be  construed  to 
prevent  the  sale  of  skimmed  milk,  provided  the  person  or  persons  selling 
the  same  shall  first  make  known  the  fact  that  it  is  skimmed  milk,  and  shall 
sell  it  as  such. 

li.VW.    Adulterations  of  milk,  \vlmt  are. 

SEC.  274.  The  addition  of  water  or  any  substance  is  hereby  declared 
any  adulteration ;  any  milk  that  is  obtained  from  animals  that  are  fed  on 
distillery,  brewery,  hotel,  or  restaurant  waste,  usually  called  "swill,"  or 
upon  any  substance  in  a  state  of  putrefaction,  or  upon  impure  matter  from 
stalls,  and  stables,  is  hereby  declared  to  be  impure  and  unwholesome,  and 
any  person  or  persons  offending,  as  aforesaid,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars  or  be 
imprisoned  in  the  county  jail  for  not  more  than  six  months,  or  both. 

Srt>  pure  food  law,  sees.  .'!4X<;  :>">10. 

6540.  Furnisliinjr  impure  water. 

SEC.  275.  Every  owner,  agent,  manager,  operator  or  other  person  hav- 
ing charge  of  any  waterworks  furnishing  water  for  public  or  private  use, 
who  shall  knowingly  permit  any  act  or  omit  any  duty  or  precaution  by 
reason  whereof  the  purity  or  healthf ulness  of  the  water  supplied  shall 
become  impaired,  shall  be  guilty  of  a  gross  misdemeanor. 

See  sees.  2047,  4720,  6547. 

6541.  Wilfully  poisoning  food. 

SEC.  276.  Every  person  who  shall  wilfully  mingle  poison  in  any  food, 
drink  or  medicine  intended  or  prepared  for  the  use  of  a  human  being,  and 
every  person  who  shall  wilfully  poison  any  spring,  well  or  reservoir  of 
water,  shall  be  punished  by  imprisonment  in  the  state  prison  for  not  less 
than  five  years. 

6542.  Person  omitting  to  label  dru<rs,  or  labeling1  them  wrongly. 

SEC.  277.  Every  person  who,  in  putting  up  any  drug,  medicine,  or  food, 
or  preparation  used  in  medical  practice,  or  making  up  any  prescription,  or 


Sec.  6548  CRIMES  AND  PUNISHMENTS  1866 

filling  any  order  for  drugs,  medicines,  food  or  preparation  shall  put  any 
untrue  label,  stamp  or  other  designation  of  contents  upon  any  box,  bottle 
or  other  package  containing  a  drug,  medicine,  food  or  preparation  used  in 
medical  practice,  or  substitute  or  dispense  a  different  article  for  or  in  lieu 
of  any  article  prescribed,  ordered,  or  demanded,  or  put  up  a  greater  or 
less  quantity  of  any  ingredient  specified  in  any  such  prescription,  order  or 
demand  than  that  prescribed,  ordered,  or  demanded,  or  otherwise  deviate 
from  the  terms  of  the  prescription,  order,  or  demand  by  substituting  one 
drug  for  another,  shall  be  guilty  of  a  misdemeanor;  provided,  however, 
that,  except  in  the  case  of  physicians'  prescriptions,  nothing  herein  con- 
tained shall  be  deemed  or  construed  to  prevent  or  impair  or  in  any  manner 
affect  the  right  of  an  apothecary,  druggist,  pharmacist  or  other  person  to 
recommend  the  purchase  of  an  article  other  than  that  ordered,  required 
or  demanded,  but  of  a  similar  nature,  or  to  sell  such  other  article  in  place 
or  in  lieu  of  an  article  ordered,  required  or  demanded,  with  the  knowledge 
and  consent  of  the  purchaser. 

Adulteration  of  drugs,  sec.  4511. 
Ketailing  poisons  without  label,  sec.  4512. 
See  pure  food  law,  sees.  3486-3510. 

6548.    Regulating  the  sale  of  narcotic  drills. 

SEC.  278.  It  shall  be  unlawful  for  any  person  to  sell,  furnish  or  dispose 
of  any  opium,  morphine,  alkaloid-cocaine,  or  alpha  or  beta  eucaine,  or  any 
derivative,  except  upon  the  signed  prescription  of  a  physician,  dentist  or 
veterinary  surgeon,  duly  licensed  under  the  laws  of  this  state,  and  the 
proprietor  or  manager  of  the  store  shall  keep  all  such  prescriptions  in  a 
permanent  file,  and  shall  be  filled  but  once  and  of  which  no  copy  shall  be 
taken  by  any  person,  and  shall  at  any  time  allow  the  same  to  be  inspected, 
and  copies  thereof  to  be  made  by  any  peace  officer,  the  district  attorney  of 
the  county  where  sold,  or  any  authorized  inspector  of  drugs ;  provided, 
that  nothing  herein  contained  shall  prohibit  any  manufacturer  or  licensed 
druggist  from  selling  or  delivering  any  of  the  drugs  named  to  a  person 
known  to  be  a  licensed  druggist,  licensed  physician,  licensed  dentist  or 
veterinary  surgeon,  nor  prohibit  a  physician  or  dentist  from*  dispensing 
the  same  in  good  faith  to  his  patients,  nor  prohibit  the  sale  of  patent  or 
proprietary  medicines  containing  opium  or  any  of  its  derivatives  in  com- 
bination or  compound  with  other  active  elements  when  the  dose  of  opium 
or  any  derivative  thereof  is  less  than  one-quarter  grain ;  nor  to  the  sales 
of  any  mixture  of  the  above  drugs  recognized  in  the  United  States  pharma- 
copia  or  national  formulary.  Every  person  who  shall  violate  any  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor. 

See  sees.  3480,  4511,  6486,  6493. 

6544.  Fraudulent  prescription  by  physician. 

SEC.  279.  Every  physician  who  shall  sell  or  give  to  or  prescribe  for  any 
person  any  opium,  morphine,  alkaloid-cocaine,  or  alpha  or  beta  eucaine,  or 
any  derivative,  mixture  or  preparation  of  any  of  them,  except  to  a  patient 
believed  in  good  faith  to  require  the  same  for  medicinal  use,  and  in  quan- 
tities proportioned  to  the  needs  of  such  patient,  shall  be  guilty  of  a  gross 
misdemeanor. 

Pollution  of  streams,  detrimental  to  fish,  sec.  2047. 
See  sec.  4720. 

6545.  Presenting  fraudulent  prescription. 

SEC.  280.  Every  person  who  shall  falsely  make,  forge,  or  alter,  or, 
knowing  the  same  to  have  been  falsely  made,  forged  or  altered,  shall  pre- 
sent to  any  druggist  a  physician's  prescription  with  intent  by  means 
thereof  to  procure  from  such  druggist  any  opium,  morphine,  alkaloid- 


1867  CRIMES  AND  PUNISHMENTS  Sec.  6548 

cocaine,  or  alpha  or  beta  eucaine,  or  any  derivative,  mixture  or  preparation 
of  any  of  them,  shall  be  guilty  of  a  misdemeanor. 

K54(>.     Deposit  of  unwholesome  substance. 

SEC.  281.  Every  person  who  shall  deposit,  leave  or  keep,  on  or  near  a 
highway  or  route  of  public  travel,  on  land  or  water,  any  unwholesome  sub- 
stance ;  or  who  shall  establish,  maintain  or  carry  on,  upon  or  near  a  high- 
way or  route  of  public  travel,  on  land  or  water,  any  business,  trade  or 
manufacture  which  is  detrimental  to  the  public  health;  or  who  shall 
deposit  or  cast  into  any  lake,  creek  or  river,  wholly  or  partly  in  this  state, 
the  offal  from  or  the  dead  body  of  any  animal,  shall  be  guilty  of  a  gross 
misdemeanor. 

6547.  Polluting  waters. 

SEC.  282.  Any  person  or  persons,  firm,  company,  corporation  or  associa- 
tion in  this  state,  or  the  managing  agent  of  any  person  or  persons,  firm, 
company,  corporation  or  association  in  this  state,  or  any  duly  elected, 
appointed  or  lawfully  created  state  officer  of  this  state,  or  any  duly 
elected,  appointed  or  lawfully  created  officer  of  any  county,  city,  town, 
municipality,  or  municipal  government  in  this  state,  who  shall  deposit,  or 
who  shall  permit  or  allow  any  person  or  persons  in  their  employ  or  under 
their  control,  management  or  direction  to  deposit  in  any  of  the  waters  of 
the  lakes,  rivers,  streams,  springs  or  ditches  in  this  state  any  sawdust, 
rubbish,  filth,  or  poisonous,  or  deleterious  substance  or  substances,  liable 
to  affect  the  health  of  person,  fish,  or  live  stock,  or  injure  ditches,  or  agri- 
cultural lands,  or  place  or  deposit  any  such  deleterious  substance  or  sub- 
stances in  any  place  where  the  same  may  be  washed  or  infiltered  into  any 
of  the  waters  herein  named,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  fifty  dollars, 
nor  more  than  five  hundred  dollars ;  provided,  that  in  cases  of  state  insti- 
tutions, municipalities,  towns,  incorporated  towns  or  cities,  when,  owing 
to  the  magnitude  of  the  work,  immediate  correction  of  the  evil  is  imprac- 
ticable, then  in  such  cases  the  authorities  shall  adopt  all  new  work,  and  as 
rapidly  as  possible  reconstruct  the  old  systems  of  drainage  sewerage  so  as 
to  conform  with  the  provisons  of  this  section ;  and  provided  further,  that 
all  such  new  and  reconstructed  systems  shall  be  completed  before  March  20, 
1917;  provided,  that  nothing  in  this  section  shall  be  so  construed  as  to 
prevent  mining  or  milling  companies  or  persons  engaged  in  the  operation 
of  ore  reduction  plants  from  dumping  tailings  directly  into  any  stream  in 
this  state  in  such  manner  as  will  not  prevent  or  impede  the  natural  flow  of 
such  stream  and  will  not  damage  agricultural  lands  or  other  property  and 
will  not  poison  or  injure  persons  or  animals. 

Obstructing  or  polluting  streams,  sec.  471H. 

Furnishing  impure  water,  sec.  0540. 

Injury  to  dam,  bridge  or  flume,  sec.  f>7-">7. 

Misdemeanor  to  flood  highway  or  to  fail  to  construct  bridges  ovter  ditches,  sees.  3045,  304(5. 

6548.  Shearing  sheep  within  cities  and  towns  prohibited. 

SEC.  283.  It  shall  be  unlawful  for  any  sheep  to  be  penned,  housed  or 
fed  for  the  purpose  of  being  sheared,  or  to  be  sheared,  within  the  ordinary 
limits  of  any  city  or  town  of  this  state  during  any  period  of  the  year.  This 
shall  not  apply  to  any  place  not  within  one-half  mile  of  a  residence.  Any 
person,  corporation,  or  agent,  being  owner  of  or  having  control  or  charge 
of  any  sheep,  who  shall  wilfully  violate  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars  or  imprisonment  not 
exceeding  fifty  days,  or  both. 

Herding  or  grazing  sheep  within  three  miles  of  any  town  or  village,  sees.  2317,  2318. 
Permitting  swine,  sheep  or  goats  to  run  at  large  in  towns  or  cities,  sec.  2330. 


Sec.  6549  CRIMES  AND  PUNISHMENTS  1868 

6549.  Burial  of  dead— Certificate  of  physician— Coroner's  permit  to  issue. 
SEC.  284.    ,It  shall   be  unlawful   for  any   undertaker  or  other   person 

within  the  State  of  Nevada  to  bury  any  deceased  person  who  has  died 
within  the  limits  of  any  incorporated  town  or  city  in  said  state  without 
first  having  procured  a  certificate  from  the  physician  who  attended  the 
said  deceased  person  during  his  or  her  last  illness,  setting  forth  the  name, 
nativity,  sex,  age,  time  of  death,  place  of  death  and  cause  of  death  of  said 
deceased  person,  as  near  as  can  be  ascertained  by  said  physician ;  provided, 
that  in  cases  where  no  physician  has  attended  said  deceased  person  during 
his  or  her  last  illness,  no  such  certificate  shall  be  required,  but  the  coroner's 
permit  mentioned  in  the  next  succeeding  section  shall  be  obtained,  and  shall 
be  sufficient  authority  for  the  burial  of  such  deceased  person. 

Altering  certificate  of  birth  or  death,  sec.  2972. 

Failure  of  physician  to  issue  certificate  of  cause  of  death,  or  false  certificate,  sees.  2!»72,  2'»s7. 

See  sees.  4454,  6473,  6474,  6476,  6814. 

6550.  To  present  certificate— Coroner  to  issue  permit. 

SEC.  285.  It  shall  be  the  duty  of  any  undertaker  or  other  person  obtain- 
ing the  certificate  mentioned  in  this  or  the  next  preceding  section  before 
burying  such  deceased  person  to  present  such  certificate  to  the  coroner  of 
the  county  within  which  such  deceased  person  shall  have  died.  The  said 
coroner,  after  being  satisfied  of  the  truth  of  the  facts  set  forth  in  said  cer- 
tificate, shall  issue  a  permit  to  the  person  presenting  such  certificate  to 
bury  the  deceased  person  named  in  said  certificate,  or  shall  take  such  action 
under  the  law  as  the  facts  set  forth  in  said  certificate  shall  warrant.  Said 
permit  shall  be  in  writing,  signed  by  the  coroner,  and  shall  set  forth  the 
facts  under  which  it  was  issued.  Said  coroner  shall  file  in  his  office  all 
physicians'  certificates  so  presented  to  him,  and  shall  keep  a  record  of  the 
same  and  a  memorandum  of  all  permits  so  issued  by  him,  which  records 
and  memoranda  he  shall  turn  over  to  his  successor  in  office  as  a  part  of  the 
public  records  of  his  office.  Any  person  wilfully  violating  any  of  the  pro- 
visions of  this  or  the  next  preceding  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of 
not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  not  less  than  one  month  nor  more  than  six 
months,  or  both. 

Burial  or  removal  permit,  not  obtaining,  sec.  2972. 
False  certificate  of  death,  sec.  2987. 

6551.  Physician  issuing  false  certificate. 

SEC.  286.  Any  physician  who  shall  wilfully  issue  or  sign,  or  cause  to 
be  issued  or  signed,  any  certificate,  as  provided  for  in  the  two  next  preced- 
ing sections,  knowing  the  facts  set  forth  in  said  certificate  to  be  false,  shall 
be  deemed  guilty  of  a  felony,  and,  upon  conviction  thereof,  shall  be  impris- 
oned in  the  state  prison  for  a  term  not  less  than  one  year  and  not  more 
than  five  years. 

Altering  certificate  of  birth  or  death,  sec.  2972. 

Failure  to  record  certificate,  sec.  2986. 

Physician,  failure  to  issue  certificate  of  cause  of  death,  or  false  certificate,  sees.  2(.)/2,  2ns/. 

6552.  Exhuming  remains  of  deceased  person. 

SEC.  287.  Any  person  or  persons,  company,  association  or  corporation 
in  this  state  who  shall  exhume  or  disinter,  or  who  shall  cause  to  be  exhumed 
or  disinterred,  any  human  remains,  or  any  part  of  such  remains  which 
have  been  buried  in  the  ground  in  this  state,  for  the  purpose  of  transport- 
ing the  same  to  any  other  state  or  foreign  country,  except  under  the  con- 
ditions provided  in  the  next  following  section,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  be  punished  by  fine  in  any 


1869  CRIMES  AND  PUNISHMENTS  Sec,  6556 

sum  not  less  than  three  hundred  dollars  nor  more  than  five  hundred  dollars 
for  each  and  every  such  offense,  or  shall  be  imprisoned  in  the  county  jail 
for  any  period  not  less  than  three  months  nor  more  than  six  months,  or 
both. 

Burial  or  removal  permit,  not  obtaining,  sec.  -JOTi1. 

r»."i.V{.    Idem— Commissioners  to  issue  permits. 

SEC.  288.  The  county  commissioners  of  the  several  counties  in  this 
state,  in  which  said  human  remains  are  buried  or  interred,  as  provided  in 
section  287  of  this  act,  are  hereby  authorized  to  grant  and  to  issue  written 
permits  for  the  disinterment  and  removal  of  any  such  human  remains 
referred  to  in  section  287  of  this  act,  whenever  in  their  judgment  the 
public  health  will  not  be  endangered  by  such  disinterment  and  removal; 
provided,  however,  that  no  such  permit  shall  be  granted  or  issued  under 
any  circumstances  or  at  any  time  where  the  party  or  parties  buried  or 
interred  have  died  from  or  with  any  contagious  or  loathsome  disease. 

Burial  <>r  removal  permit,  not  obtaining,  see.  2072. 

Altering  certificate  of  birtb  or  death,  sec.  2^72. 

Transportation  company  shipping  body  \\ithout  certificate  of  death,  sec.  2972. 

<>r>.H.     Hours  of  labor  in  underground  mines. 

SEC.  289.  The  period  of  employment  of  working  men  in  all  underground 
mines  or  workings  shall  be  eight  hours  per  day,  except  in  cases  of  emer- 
gency where  life  or  property  is  in  imminent  danger. 

I'or  schr.lulf  of  acts  regarding  employer  and  employee,  see  sec.  lni:>. 
Bight-hour  day  for  top  men  of  underground  mine,  sees.  I'M  I,  l'.M2. 

The  above  section  was  held  constitutional  in  Kx  Parte  P.oyce,  2,  Nev.  2«  «)(>">  P.  21."),  •"><'>! . 
r>:.  L.  i;.  A.  47). 

<».").") 5.     Hours  of  labor  in  smelters  and  mills. 

SEC.  290.  The  period  of  employment  of  working  men  in  smelters  and  in 
all  other  institutions  for  the  reduction  or  refining  of  ores  or  metals  shall 
be  eight  hours  per  day,  except  in  cases  of  emergency  where  life  or  property 
is  in  imminent  danger. 

Bee  sees.  I'.MI   i'.M2. 

Above  section  was  held  constitutional  in  F.x  Parte  Kair,  28  Nev.  127,  425  (103  A.  S.  S17, 
so  P.  463). 

6556.    Idem— Mines  and  mills— Penalty. 

SEC.  291.  Any  person  who  violates  either  of  the  two  preceding  sections, 
or  any  person,  corporation,  employer  or  his  or  its  agent,  who  hires,  con- 
tracts with,  or  causes  any  person  to  work  in  an  underground  mine  or  other 
underground  workings,  or  in  a  smelter  or  any  other  institution  or  place  for 
the  reduction  or  refining  of  ores  or  metals  for  a  period  of  time  longer  than 
eight  hours  during  one  day  unless  life  and  property  shall  be  in  imminent 
danger,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  or  imprisonment  in  the  county  jail  not  more  than  six 
months,  or  both. 

This  act  is  not  in  conflict  with  Const.,  sec.  the  occupations  to  which  the  act  applies  are 
21,  art.  4  (sec.  279,  ante).  Nor  is  it  inimi-  not  considered  heathful;  and  it  was  there- 
cal  to  the  fourteenth  amendment  to  the  fore  within  the  power  and  discretion  of  the 
federal  constitution  (sec.  185,  ante).  The  legislature  to  enact  the  statute  for  the  pro- 
legislature  has  inherent  authority,  under  tection  of  the  health  and  prolongation  of 
the  general  police  power  of  the  state,  to  the  lives  of  the  working  men  affected,  and 
enact  laws  for  the  promotion  of  the  health,  the  resulting  welfare  of  the  state.  Ex  Parte 
safety  and  welfare  of  the  people,  and  its  Boyce,  27  Nev.  299,  328,  333,  335,  352,  360 
arm  cannot  be  stayed  when  exercised  for  (65  L.  E.  A.  47,  75  P.  1). 
these  purposes.  If  the  restriction  of  the  In  an  attack  on  the  constitutionality  of 
hours  of  labor  be  deemed  a  regulation  or  this  act  on  the  ground  that  the  labor  therein 
limitation  on  the  right  to  acquire  property,  mentioned  was  not  dangerous  to  health. 

118 


Sec.  6557  CRIMES  AND  PUNISHMENTS  1870 

evidence  that  particular  reduction  works  amendment  to  the  federal  constitution  (sec. 

and  mills,  including  the  one  in  which  peti-  178,  ante).  The  statute  being  sustainable 

tioner  worked,  were  healthful,  as  distin-  as  a  valid  health  regulation  within  the 

guished  from  the  healthfulness  of  mills  police  power,  owing  to  the  fact  that  pro- 

in  general  throughout  the  country,  was  held  longed  labor  in  such  places  is  injurious,  as 

inadmissible.  Ex  Parte  Kair,  28  Nev.  425  a  matter  of  common  knowledge,  evidence 

(82  P.  453).  that  defendant's  occupation  was  not  injuri- 

Cited,  In  re  Chartz,  29  Nev.  112,  5  L.  R.  ous  is  not  admissible  in  a  prosecution  under 

A.  (N.  S.),  124  A.  S.  15,  85  P.  352.  this  section.  Where  one  is  imprisoned  on  a 

This  act  is  not  void  under  Const.,  art.  1,  conviction  under  a  statute  entirely  void, 

sec.  1  (sec.  230,  ante),  but  is  sustainable  as  the  remedy  is  habeas  corpus.  Ex  Parte 

a  valid  health  regulation  under  the  police  Kair,  28  Nev.  127,  140  (113  A.  S.  817,  80 

power.  Nor  does  it  violate  the  eighth  P.  463). 

6557.  Hours  of  labor  in  open  mines. 

SEC.  292.  The  period  of  employment  of  working  men  in  open-pit  and 
open-cut  mines  shall  not  exceed  eight  hours  in  any  twenty-four  hours, 
except  in  cases  of  emergency  where  life  or  property  is  in  imminent  danger. 

6558.  Idem-Penalty. 

SEC.  293.  Any  person  who  violates  any  provision  of  the  preceding  sec- 
tion, or  any  person,  persons,  corporation,  employer  or  his  agent,  who  hires, 
contracts  with,  or  causes  any  person  to  labor  in  any  open-pit  or  open-cut 
mines,  for  a  period  of  time  longer  than  eight  hours  within  any  twenty- 
four  hours,  except  in  cases  of  emergency  where  life  or  property  is  in 
imminent  danger,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  more  than  six  months,  or  both. 

6559.  Hours  of  labor  in  plaster  and  cement  mills. 

SEC.  294.  The  period  of  employment  of  all  persons  engaged  or  employed 
in  any  mill  or  other  institution  wherein  plaster  or  cement  is  manufactured 
shall  not  exceed  eight  hours  in  any  twenty-four  hours  except  in  cases  of 
emergency  where  life  is  in  imminent  danger,  or  the  product  of  such  mill  or 
institution  liable  to  loss  or  damage  by  delay  in  treatment. 

6560.  Idem— Penalty. 

SEC.  295.  Any  person  who  violates  any  provision  of  the  preceding  sec- 
tion, or  any  person,  persons,  corporation,  employer  or  agent  who  hires, 
contracts  with  or  causes  any  person  to  be  engaged  or  employed  in  any  mill 
or  other  institution  where  plaster  or  cement  is  manufactured,  for  a  period 
of  time  longer  than  eight  hours  in  any  twenty-four  hours  except  in  cases 
where  life  is  in  imminent  danger  or  the  product  of  such  mill  or  institution 
liable  to  loss  or  damage  by  delay  in  treatment,  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  for  not  more  than  six  months,  or  both. 

See  sees.  1941-1942,  ante. 

CHAPTER  16 

CRIMES  AGAINST  PUBLIC  SAFETY 

6561.  Public  nuisance  defined.  6570.  Idem — Duties   of  officers. 
<i.~)6±  Unequal   damage.  6571.  Infernal  machines. 

6563.  Maintaining  or  permitting  nuisance.  6572.  Destruction  of  buildings  by  explosives. 

<>r><>4.  Abatement  of  nuisance.  6573.  Idem — Conspirators. 

6565.  Keeping  explosives  unlawfully.  6574.  Dealers  in  explosives,  duty  of. 

<i.")()(i.  Transporting  explosives.  6575.  Idem — Penalty. 

6567.  Setting  spring  gun.  6576.  Obstruction  of  extinguishment  of  fire. 

6568.  Concealed  weapons,  carrying  of,  unlaw-  6577.  Obstructing  firemen. 

ful.  6578.  Smoking — Where  prohibited. 

6569.  Discharging  firearms   unlawful,   when.       6579.  Negligent  fires. 


1871                               CRIMES  AND  PUNISHMENTS                        Sec,  6565 

5580.  Operating  <langerous  engine.  6586.  Obstructing  and  delaying  train. 

i')."si.  Doors  of  public  buildings  to  swing  out-       6587.  Liability    of    person    handling    steam 

ward.  boat  or  steam  boiler. 

li.'si'.   Knuimvr  who  cannot  read.  6588.  Endangering  life  by  refusal  to  labor. 

Intoxication  of  employees.  6589.  Disturbance    on    highway, 

Failure  to  ring  bell.  *  6590.  Dangerous  exhibitions. 

utht'i    violations   of   duty.  li.litl.  Allowing   vicious   animal   at  large. 


Public  nuisance  defined. 
SEC.  296.    A  public  nuisance  is  a  crime  against  the  order  and  economy 
of  the  state.    Every  place— 

1.  Wherein  any  gambling,  swindling  game  or  device,  book-making,  pool- 
selling,  or  bucket-shop  or  any  agency  therefor  shall  be  conducted,  or  any 
article,  apparatus  or  device  useful  tKeref  or  shall  be  kept  ;  or, 

2.  Wherein  any  fighting  between  animals  or  birds  shall  be  conducted  ;  or, 

3.  Wherein  any  intoxicating  liquors  are  kept  for  unlawful  use,  sale  or 
distribution;  or, 

4.  Where  vagrants  resort  ;  and, 

Every  act  unlawfully  done  and  every  omission  to  perform  a  duty,  which 
act  or  omission 

1.  Shall  annoy,  injure  or  endanger  the  safety,  health,  comfort,  or  repose 
of  any  considerable  number  of  persons  ;  or, 

'2.  Shall  offend  public  decency;  or, 

3.  Shall  unlawfully  interfere  with,  befoul,  obstruct,  or  tend  to  obstruct, 
or  render  dangerous  for  passage,  a  lake,  navigable  river,  bay,  stream, 
canal,  ditch,  mill-race  or  basin,  or  a  public  park,  square,  street,  alley, 
bridge,  causeway,  or  highway;  or, 

4.  Shall  in  any  way  render  a  considerable  number  of  persons  insecure  in 
life  or  the  use  of  property  ; 

Shall  be  a  public  nuisance. 

'  instructing  highway,  sc-c.  :!W!). 

r».")i;±     I  uecjiial  damage. 

SEC.  297.  An  act  which  affects  a  considerable  number  of  persons  in  any 
of  the  ways  specified  in  the  next  preceding  section  is  not  less  a  public 
nuisance  because  the  extent  of  the  damage  is  unequal. 

Failure  <>f  commissioners  or  district  attorney  to  abate  nuisance,  sec.  1562. 

r>r)()3.    Maintaining  or  permitting  nuisance. 

SEC.  298.  Every  person  who  shall  commit  or  maintain  a  public  nuisance, 
for  which  no  special  punishment  is  prescribed  ;  or  who  shall  wilfully  omit 
or  refuse  to  perform  any  legal  duty  relating  to  the  removal  of  such  nui- 
sance; and  every  person  who  shall  let,  or  permit  to  be  used,  any  building 
or  boat,  or  portion  thereof,  knowing  that  it  is  intended  to  be,  or  is  being 
used,  for  committing  or  maintaining  any  such  nuisance,  shall  be  guilty  of  a 
misdemeanor. 

6564.  Abatement  of  nuisance. 

SEC.  299.  Any  court  or  magistrate  before  whom  there  may  be  pending 
any  proceeding  for  a  violation  of  the  next  preceding  section,  shall,  in 
addition  to  any  fine  or  other  punishment  which  it  may  impose  for  such 
violation,  order  such  nuisance  abated,  and  all  property  unlawfully  used  in 
the  maintenance  thereof  destroyed  by  the  sheriff  at  the  cost  of  the 
defendant. 

6565.  Keeping-  explosives  unlawfully. 

SEC.  300.  Every  person  who  shall  make  or  keep  any  explosive  or  com- 
bustible substance  in  any  city  or  town,  or  carry  it  through  the  streets 
thereof  in  a  quantity,  or  manner  prohibited  by  law,  or  by  ordinance  of 
such  municipality;  and  every  person  who,  by  careless,  negligent  or 


Sec.  6566  CRIMES  AND  PUNISHMENTS  1872 

unauthorized  use  or  management  of  any  such  explosive  or  combustible 
substance,  shall  injure  or  cause  injury  to  the  person  or  property  of  another, 
shall  be  guilty  of  a  misdemeanor. 

County  commissioners  failing  to  comply  with  act  relative  to  storage  of  explosives,  sec.  UI47. 

6566.  Transporting*  explosives. 

SEC.  301.  Every  person  who  shall  put  up  for  sale,  or  who  shall  deliver 
to  any  warehouseman,  dock,  depot,  or  common  carrier  any  package,  cask 
or  can  containing  benzine,  gasoline,  naphtha,  nitroglycerine,  dynamite, 
powder  or  other  explosive  or  combustible  substance,  without  having 
printed  thereon  in  a  conspicuous  place  in  large  letters  the  word  "Explo- 
sive," shall  be  guilty  of  a  misdemeanor. 

6567.  Setting  spring  gun. 

SEC.  302.  Every  person  who  shall  set  a  so-called  trap,  spring  pistol, 
rifle,  or  other  deadly  weapon,  shall  be  punished  as  follows : 

1.  If  no  injury  result  therefrom  to  any  human  being,  by  imprisonment 
in  the  county  jail  for  not  more  than  one  year  or  by  a  fine  of  not  more  than 
one  thousand  dollars,  or  by  both. 

2.  If  injuries  not  fatal  result  therefrom  to  any  human  being,  by  impris- 
onment in  the  state  prison  for  not  more  than  twenty  years. 

3.  If  the  death  of  a  human  being  results  therefrom,  under  circumstances 
not  rendering  the  act  murder,  by  imprisonment  in  the  state  prison  for  not 
more  than  twenty  years,  otherwise  the  punishment  shall  be  as  for  murder. 

6568.  Concealed  weapons,  carrying  of,  unlawful. 

SEC.  303.  It  shall  be  unlawful  for  any  person  in  this  state,  except  peace 
officers,  or  persons  while  employed  upon  or  traveling  upon  trains,  stages, 
or  other  public  conveyances,  to  wear,  carry  or  have  concealed  upon  his  per- 
son, in  any  town,  city  or  village,  any  dirk-knife,  pistol,  sword  in  case, 
slung-shot,  sand-club,  metal  knuckles,  or  other  dangerous  weapon,  without 
first  obtaining  permission  from  the  board  of  county  commissioners, 
attested  by  its  clerk,  of  the  county  in  which  such  concealed  weapon  shall  be 
carried.  The  board  of  county  commissioners  of  any  county  in  this  state, 
may,  upon  an  application  made  in  writing,  showing  the  reason  of  the 
person,  or  the  purpose  for  which  any  concealed  weapon  is  to  be  carried, 
grant  permission  under  its  seal,  and  attested  by  its  clerk,  to  the  person 
making  such  application,  authorizing  such  person  to  carry  the  concealed 
weapon  described  in  such  permission.  Any  person  who  shall  violate  any 
of  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  fined  not  less  than  twenty  dollars,  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days,  nor  more  than  six  months. 

See  Ex  Parte  Davis,  33  Nev.  — (110  P.  1131). 

6569.  Discharging  firearms  unlawful,  when. 

SEC.  304.  Any  person,  whether  under  the  influence  of  liquor  or  other- 
wise, who  shall  maliciously,  wantonly  or  negligently  discharge  or  cause  to 
be  discharged  any  pistol,  gun  or  any  other  kind  of  firearm,  in  or  upon  any 
public  street  or  thoroughfare,  or  in  any  theater,  hall,  store,  hotel,  saloon  or 
any  other  place  of  public  resort,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a  term  not  less  than  two  nor  more  than  six  months,  or  by 
a  fine  not  less  than  one  hundred  nor  more  than  five  hundred  dollars,  or  both. 

6570.  Idem— Duties  of  officers. 

SEC.  305.  It  shall  be  the  duty  of  all  civil,  military  and  peace  officers  to 
be  vigilant  in  carrying  the  provisions  of  the  preceding  section  into  full 


1873  CRIMES  AND  PUNISHMENTS  Sec.  6578 

force  and  effect ;  and  any  peace  officer  who  shall  neglect  his  duty  in  the  due 
arrest  of  any  such  offender,  shall  be  deemed  guilty  of  a  gross  misdemeanor. 

r>:>71.    Internal  machines. 

SEC.  306.  It  shall  be  unlawful  for  any  person  to  manufacture  or  pro- 
cure any  dynamite  machine  or  device  or  other  device  for  the  destruction 
of  life  or  property,  or  to  have  either  of  the  same  in  his  possession.  Any 
person  violating  the  provisions  of  this  section  shall  be  guilty  of  a  felony. 

6572.  Destruction  of  buildings  by  explosives. 

SEC.  307.  Every  person  who  shall  destroy,  or  attempt  to  destroy,  any 
dwelling-house  or  other  building,  a  human  being  being  therein  at  the  time,, 
with  dynamite,  nitroglycerine,  gunpowder,  or  other  high  explosive,  shall 
be  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  punished  by 
death  or  imprisonment  for  life  in  the  state  prison  in  the  discretion  of  the 
jury. 

6573.  Idem— Conspirators. 

SEC.  308.  Any  person  or  persons  who  shall  conspire  with  others  to 
commit  the  offense  described  in  the  last  preceding  section  shall  likewise  be 
guilty  of  a  felony  and  be  subject  to  the  same  punishment. 

6574.  Dealers  in  explosives,  duty  of. 

SEC.  309.  It  is  hereby  made  unlawful  for  any  dealer  in  dynamite,  nitro- 
glycerine, gunpowder,  or  other  high  explosive,  to  dispose  of,  transfer,  or 
sell  to  any  person  or  persons  an  excessive  amount  of  such  commodities,  or 
in  any  unusual  manner,  except  in  the  due  course  of  trade,  and  a  record  shall 
be  kept  by  all  dealers  in  such  commodities  of  all  such  sales  of  the  same 
made  by  them,  showing  the  purpose  for  which  the  same  is  to  be  used  and 
to  whom  sold,  and  no  such  sale  of  such  commodities  shall  be  made  to  any 
person  except  upon  a  signed  order  delivered  to  the  merchant  dealing  in  the 
same,  stating  the  purpose  and  use  to  which  the  same  is  to  be  put. 

6575.  Idem—  Penalty. 

SEC.  310.  Any  person  violating  the  provisions  of  the  last  preceding  sec- 
tion shall  be  deemed  guilty  of  a  gross  misdemeanor. 

6576.  Obstruction  of  extinguishment  of  tire. 

SEC.  311.  Every  person  who,  with  intent  to  prevent  or  obstruct  the 
extinguishment  of  any  fire,  shall  cut  or  remove  any  bell  rope,  wire  or 
other  apparatus  for  communicating  an  alarm  of  fire,  or  cut,  injure  or 
destroy  any  engine,  hose,  or  other  fire  apparatus,  or  otherwise  prevent 
or  obstruct  the  extinguishment  of  any  fire,  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  not  more  than  five  years,  or  by  imprisonment 
in  the  county  jail  for  not  more  than  one  year,  or  by  a  fine  of  not  more  than 
one  thousand  dollars. 

6577.  Obstructing  firemen. 

SEC.  312.  Every  person  who  at  the  burning  of  any  building  shall  be 
guilty  of  any  disobedience  to  the  lawful  orders  of  a  public  officer  or  fireman 
or  of  resistance  to  or  interference  with  the  lawful  efforts  of  any  firemen, 
or  company  of  firemen,  to  extinguish  the  same,  or  of  disorderly  conduct 
likely  to  interfere  with  the  extinguishment  thereof,  or  who  shall  forbid, 
prevent  or  dissuade  others  from  assisting  to  extinguish  such  fire,  shall  be 
guilty  of  a  misdemeanor. 

6578.  Smoking— Where  prohibited. 

SEC.  313.  Every  person  who  shall  light  a  pipe,  cigar  or  cigarette  in,  or 
who  shall  enter  with  a  lighted  pipe,  cigar  or  cigarette,  any  mill  or  other 


Sec.  6579  CRIMES  AND  PUNISHMENTS  1874 

building  on  which  is  posted  in  a  conspicuous  place  over  and  near  each 
principal  entrance  a  notice  in  plain,  legible  characters  stating  that  no 
smoking  is  allowed  in  such  building,  shall  be  guilty  of  a  misdemeanor. 

6579.  Negligent  fires. 

SEC.  314.  Every  person  who  shall  wilfully  or  negligently  set,  or  fail  to 
carefully  guard  or  extinguish  any  fire,  whether  on  his  own  land  or  the  land 
of  another,  whereby  the  timber  or  property  of  another  shall  be  endangered, 
shall  be  guilty  of  a  misdemeanor. 

See  sec.  6632. 

6580.  Operating*  dangerous  engine. 

SEC.  315.  Every  person  who  shall  operate  or  permit  to  be  operated  in 
dangerous  proximity  to  any  brush,  grass  or  other  inflammable  material, 
any  engine  or  boiler  which  is  not  equipped  with  a  modern  spark  arrester, 
in  good  condition,  shall  be  guilty  of  a  misdemeanor. 

6581.  Doors  of  public  buildings  to  swing  outward. 

SEC.  316.  The  doors  of  all  theaters,  opera  houses,  school  buildings, 
churches,  public  halls,  or  places  used  for  public  entertainments,  exhibitions 
or  meetings,  which  are  used  exclusively  or  in  part  for  admission  to  or 
egress  from  the  same,  or  any  part  thereof,  shall  be  so  hung  and  arranged 
as  to  open  outwardly,  and  during  any  exhibition,  entertainment  or  meeting, 
shall  be  kept  unlocked  and  unfastened,  and  in  such  condition  that  in  case  of 
danger  or  necessity,  immediate  escape  from  such  building  shall  not  be  pre- 
vented or  delayed ;  and  every  agent  or  lessee  of  any  such  building  who  shall 
rent  the  same  or  allow  it  to  be  used  for  any  of  the  aforesaid  public  pur- 
poses without  having  the  doors  thereof  hung  and  arranged  as  hereinbefore 
provided,  shall,  for  each  violation  of  any  provision  of  this  section,  be  guilty 
of  a  misdemeanor. 

6582.  Engineer  who  cannot  read. 

SEC.  317.  Every  person  who,  as  an  officer  of  a  corporation  or  otherwise, 
shall  knowingly  employ  as  an  engineer  or  engine  driver,  to  run  a  locomotive 
or  train  on  any  railway,  any  person  who  cannot  read  time  tables  and 
ordinary  handwriting;  and  every  person  who,  being  unable  to  read  time 
tables  and  ordinary  handwriting,  shall  act  as  an  engineer  or  run  a  locomo- 
tive or  train  on  any  railway,  shall  be  guilty  of  a  gross  misdemeanor. 

6583.  Intoxication  of  employees. 

SEC.  318.  Every  person  who,  being  employed  upon  any  railway,  as 
engineer,  motorman,  gripman,  conductor,  switch  tender,  fireman,  bridge 
tender,  flagman  or  signalman,  or  person  having  charge  of  stations,  start- 
ing, regulating  or  running  trains  upon  a  railway,  or  person  employed  as 
captain,  engineer  or  other  officer  of  a  vessel  propelled  by  steam,  or  being 
the  driver  of  any  animal  or  vehicle  upon  any  public  street,  shall  be  intoxi- 
cated while  engaged  in  the  discharge  of  any  such  duties,  shall  be  guilty  of 
a  gross  misdemeanor. 

Engineer  or  conductor,  intoxication  of,  sec.  3564. 

6584.  Failure  to  ring  bell. 

SEC.  319.  Every  engineer  driving  a  locomotive  on  any  railway  who  shall 
fail  to  ring  the  bell  or  sound  the  whistle  upon  such  locomotive,  or  cause 
the  same  to  be  rung  or  sounded  at  least  eighty  rods  from  any  place  where 
such  railway  crosses  a  traveled  road  or  street,  where  such  road  or  street  is 
customarily  used  by  the  public  for  the  purpose  of  travel  (except  in  cities 
where  other  regulations  are  required),  or  to  continue  the  ringing  of  such 


1875  CRIMES  AND  PUNISHMENTS  Sec.  r»5*.M 

bell  or  sounding  of  such  whistle  until  such  locomotive  shall  have  crossed 
such  road  or  street,  shall  be  guilty  of  a  misdemeanor. 
Set-  sec.  3562. 

6585.  Other  violations  of  duty. 

SEC.  320.  Every  engineer,  motorman,  gripman,  conductor,  brakeman, 
switch  tender,  train  dispatcher  or  other  officer,  agent  or  servant  of  any 
railway  company,  who  shall  be  guilty  of  any  wilful  violation  or  omission 
of  his  duty  as  such  officer,  agent  or  servant,  by  which  human  life  or  safety 
shall  be  endangered,  for  which  no  punishment  is  specially  prescribed,  shall 
be  guilty  of  a  misdemeanor. 

6586.  Obstructing  and  delaying  train. 

SEC.  321.  Every  person  who  shall  wilfully  obstruct,  hinder  or  delay  the 
passage  of  any  car  lawfully  operated  upon  any  railway,  shall  be  guilty  of 
a  misdemeanor. 

Injury  t<>  railroad  property,  if  personal  injury  or  death,  tVlony.  sec.  :>."><  >.">. 

6587.  Liability  of  person  handling  steamboat  or  steam  boiler. 

SEC.  322.  Every  person  who  shall  apply,  or  cause  to  be  applied  to  a 
steam  boiler  a  higher  pressure  of  steam  than  is  allowed  by  law,  or  by  any 
inspector,  officer  or  person  authorized  to  limit  the  same;  every  captain  or 
other  person  having  charge  of  the  machinery  or  boiler  in  a  steamboat  used 
for  the  conveyance  of  passengers  on  the  waters  of  this  state,  who,  from 
ignorance  or  gross  neglect,  or  for  the  purpose  of  increasing  the  speed  of 
such  boat,  shall  create  or  cause  to  be  created  an  undue  or  unsafe  pressure 
of  steam;  and  every  engineer  or  other  person  haying  charge  of  a  steam 
boiler,  steam  engine  or  other  apparatus  for  generating  or  employing  steam, 
who  shall  wilfully  or  from  ignorance  or  gross  neglect,  create  or  allow  to 
be  created  such  an  undue  quantity  of  steam  as  to  burst  the  boiler,  engine 
or  apparatus,  or  cause  any  other  accident,  whereby  human  life  is  endan- 
gered, shall  be  guilty  of  a  gross  misdemeanor. 

6588.  Endangering  life  h.v  refusal  to  labor. 

SEC.  323.  Every  person  who  shall  wilfully  and  maliciously,  either  alone 
or  in  combination  with  others,  break  a  contract  of  service  or  employment, 
knowing  or  having  reasonable  cause  to  believe  that  the  consequence  of  his 
so  doing  will  be  to  endanger  human  life  or  to  cause  grievous  bodily  injury, 
or  to  expose  valuable  property  to  destruction  or  serious  injury,  shall  be 
guilty  of  a  misdemeanor. 

6589.  Disturbance  on  highway. 

SEC.  324.  Every  person  who  shall  ride  or  drive  any  horse  upon  a  public 
street  or  other  highway,  in  a  manner  likely  to  endanger  the  safety  or  life 
of  another  on  such  highway,  shall  create  or  participate  in  any  noise,  dis- 
turbance or  other  demonstration  calculated  or  intended  to  frighten,  intimi- 
date or  disturb  any  person,  shall  be  guilty  of  a  misdemeanor. 

6590.  Dangerous  exhibitions. 

SEC.  325.  Every  proprietor,  lessee  or  occupant  of  any  place  of  amuse- 
ment, or  any  plat  of  ground  or  building,  who  shall  allow  it  to  be  used  for 
the  exhibition  of  skill  in  throwing  any  sharp  instrument  or  in  shooting  any 
bow  gun,  pistol  or  firearm  of  any  description,  at  or  toward  any  human 
being,  shall  be  guilty  of  a  misdemeanor. 

6591.  Allowing  vicious  animal  at  large. 

SEC.  326.  Every  person  having  the  care  or  custody  of  any  animal 
known  to  possess  any  vicious  or  dangerous  tendencies,  who  shall  allow  the 


Sec.  6592  CRIMES  AND  PUNISHMENTS  1876 

same  to  escape  or  run  at  large  in  any  place  or  manner  liable  to  endanger 
the  safety  of  any  person,  shall  be  guilty  of  a  misdemeanor  ;  and  any  person 
may  lawfully  kill  such  animal  when  reasonably  necessary  to  protect  his 
own  or  the  public  safety. 

CHAPTER  17 
CRIMES  AGAINST   PUBLIC  PEACE 


'2.  Disturbing  the  peace.  6606.  Refusing  to  join  posse,  or  prevent 
<;."><):;.  Assembling  to  disturb  the  peace.  breach  of  peace. 

(i.")!>4.  Affray.  6607.  Disturbing  meeting. 

6595.  Unlawful  assemblage.  6608.  Sabbath  breaking. 

6596.  Rout  and  riot.  6609.  Aiming  or  discharging  firearms. 
<i.~>97.  Disturbing  religious   meetings.  6610.  Use  of  firearms  by  minor. 
0598.  Selling  liquor  at  camp  meetings.  6611.  Offenses  in  public  conveyances. 

6599.  Interfering  with  school  children.  6612.  Destruction  of  property. 

6600.  Disturbing  public  schools.  6613.  Criminal   anarchy  defined. 

6601.  False  fire  alarms,  misdemeanor.  6614.  Advocacy  of  criminal   anarchy. 

6602.  Act  construed  —  Penalty.  6615.  Assemblages  of  anarchists. 

6603.  Flag,   American,   penalty   for   desecra-       6616.  Permitting    premises    to    be    used    for 

tion.  assemblages  of  anarchists. 

6604.  Armed  association.  6617.  Publishing   matter   inciting  breach   of 

6605.  Combination  to  resist  process.  peace. 

6618.  Liability  of  editors  and  others. 

6592.  Disturbing  the  peace. 

SEC.  327.  If  any  person  shall,  maliciously  and  wilfully,  disturb  the 
peace  or  quiet  of  any  neighborhood,  or  family,  by  loud  or  unusual  noises, 
or  by  tumultuous  and  offensive  conduct,  threatening,  traducing,  quarreling, 
challenging  to  fight,  or  fighting,  every  person  convicted  thereof  shall  be 
fined  in  a  sum  not  exceeding  two  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  more  than  two  months. 

6593.  Assembling  to  disturb  the  peace. 

SEC.  328.  If  two  or  more  persons  assemble  for  the  purpose  of  disturb- 
ing the  public  peace,  or  committing  any  unlawful  act,  and  do  not  disperse, 
on  being  desired  or  commanded  so  to  do  by  a  judge,  justice  of  the  peace, 
sheriff,  coroner,  constable,  or  other  public  officer,  the  persons  so  offending 
shall,  on  conviction,  be  severally  fined  in  any  sum  not  exceeding  five  hun- 
dred dollars,  and  imprisonment  in  the  county  jail  not  more  than  six 
months. 

See  sees.  2836-2838. 

6594.  Affray. 

SEC.  329.  If  two  or  more  persons  shall,  by  agreement,  fight  in  a  public 
place,  to  the  terror  of  the  citizens  of  this  state,  the  persons  so  offending 
shall  be  deemed  guilty  of  an  affray,  and  shall  be  severally  fined  in  a  sum 
not  exceeding  two  hundred  dollars,  and  imprisoned  in  the  county  jail  not 
more  than  one  month. 

6595.  Unlawful  assemblage. 

SEC.  330.  If  two  or  more  persons  shall  assemble  together  to  do  an 
unlawful  act,  and  separate  without  doing  or  advancing  towards  it,  such 
persons  shall  be  deemed  guilty  of  an  unlawful  assembly,  and,  upon  con- 
viction thereof,  shall  be  severally  fined  in  a  sum  not  exceeding  two  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  three  months. 

6596.  Rout  and  riot. 

SEC.  331.  If  two  or  more  persons  shall  meet  to  do  an  unlawful  act,  upon 
a  common  cause  of  quarrel,  and  make  advances  toward  it,  they  shall  be 
deemed  guilty  of  a  rout,  and,  on  conviction,  shall  be  severally  fined  in  a  sum 
not  exceeding  five  hundred  dollars,  or  imprisonment  in  the  county  jail  not 


„ 


CRIMES  AND  PUNISHMENTS  Sec.  6602 


,„ 


more  than  six  months ;  and  if  two  or  more  persons  shall  actually  do  an 
unlawful  act  of  violence,  either  with  or  without  a  common  cause  of  quarrel 
or  even  do  a  lawful  act,  in  a  violent,  tumultuous,  and  illegal  manner  they 
shall  be  deemed  guilty  of  a  riot,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  exceeding  five  hundred  dollars  each  or  by  imprisonment  in 
the  county  jail  for  any  term  of  time  not  exceeding  six  months,  or  by  both 
such  fine  and  imprisonment. 

r..V.»7.     Distiirliini;  n-li-ions  meeting. 

SEC.  332.  Every  person  who  shall  wilfully  disquiet  or  disturb  any  con- 
gregation, or  assembly  of  people  met  for  religious  worship,  by  making  a 
noise,  or  by  rude  or  indecent  behavior,  or  profane  discourse  within  their 
place  of  worship,  or  so  near  to  the  same  as  to  disturb  the  order  or  solemnity 
of  the  meeting,  or  menace,  threaten,  or  assault  any  person  there  being, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  by  fine  not  exceed- 
ing five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 

g  three  months. 

6.V.W.     N'llini:  liquor  ,-it  <-;mip  nirciin-^. 

SEC.  333.  Every  person  who  shall  erect  or  keep  a  booth,  tent,  stall,  or 
other  contrivance  for  the  purpose  of  selling  or  otherwise  disposing  of  any 
wine,  or  spirituous,  or  fermented  liquors,  or  any  drink  of  which  wine, 
spirituous,  or  fermented  liquors  form  a  part,  within  one  mile  of  any  camp 
or  field  meeting  for  religious  worship,  during  the  time  of  holding  such 
meeting,  shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  by  fine  not 
exceeding  five  hundred  dollars. 

6.V.W.     hmTiVrinir  \\itli  school  children. 

SEC.  334.  It  shall  be  a  misdemeanor  for  any  person  or  persons  to 
detain,  beat,  whip  or  otherwise  interfere  with  any  pupil  or  pupils  attend- 
ing any  public  school  on  his,  her  or  their  way  to  or  from  such  school  against 
the  will  of  such  pupil  or  pupils. 

452. 

6600.  Disturbing  public  schools. 

SEC.  335.  It  shall  be  a  misdemeanor  for  any  person  or  persons  to  dis- 
turb the  peace  of  any  public  school  in  the  State  of  Nevada  by  using  vile 
or  indecent  language,  or  by  threatening  or  assaulting  any  pupil  or  teacher 
within  the  building  or  grounds  of  such  school,  and  for  the  purposes  of  this 
act  the  ground  of  every  public  school  shall  extend  to  a  distance  of  fifty 
yards  in  all  directions  from  the  school  building. 

:i~>:>. 

6601.  Kills*'  fin*  iilnrni.  misdemeanor. 

SEC.  336.  It  shall  be  a  misdemeanor  for  any  person  or  persons  inten- 
tionally to  give  or  cause  to  be  given  or  turn  in  or  cause  to  be  turned  in  any 
false  alarm  of  fire,  in  any  city,  town  or  community  in  this  state. 

6602.  Act  construed— Penalty. 

SEC.  337.    The  last  preceding  section  shall  not  be  construed  to  apply  to 
alarms  given  for  practice  by  any  chief  of  a  fire  department  or  by  any  other 
person  properly  authorized  to  give  such  alarms,  nor  to  alarms  given  by 
ny  person  to  attract  attention  of  police,  firemen,  or  people  to  acts  of 
iolence,  disorder  or  menace.     For  each  and  every  offense  committed  under 
e  provisions  of  the  preceding  section,  the  person  or  persons  so  offending 
shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,   or 
-prisonment  in  the  county  jail  for  a  period  of  not  to  exceed  fifty  days. 


Sec.  6603  CRIMES  AND  PUNISHMENTS  1878 

6603.  Flag— American,  penalty  for  desecration. 

SEC.  338.  Any  person  who,  in  any  manner,  for  exhibition  or  display 
puts  or  causes  to  be  placed,  any  inscription,  design,  device,  symbol,  por- 
trait, name,  advertisement,  words,  character,  marks  or  notice  whatever 
upon  any  flag  or  ensign  of  the  United  States,  or  state  flag  of  this  state  or 
ensign,  evidently  purporting  to  be  either  of  said  flags  or  ensign,  or  who  in 
any  manner  appends,  annexes  or  affixes  to  any  such  flag  or  ensign  any 
inscription,  design,  device,  symbol,  portrait,  name,  advertisement,  words, 
marks,  notice  or  token  whatever,  or  who  displays  or  exhibits  or  causes  to 
be  displayed  or  exhibited,  any  flag  or  ensign,  evidently  purporting  to  be 
either  of  said  flags,  upon  which  shall  in  any  manner  be  put,  attached, 
annexed,  or  affixed  any  inscription,  design,  device,  symbol,  portrait,  name, 
advertisement,  words,  marks,  notice  or  token  whatever,  or  who  publicly  or 
wilfully  mutilates,  tramples  upon,  or  who  tears  down  or  wilfully  and 
maliciously  removes  while  owned  by  others,  or  otherwise  defaces  or  defiles 
any  of  said  flags,  or  ensign,  which  are  public  or  private  property,  shall  be 
deemed  guilty  of  a  misdemeanor;  provided,  however,  that  this  act  shall 
not  apply  to  flags  or  ensigns  the  property  of  or  used  in  the  service  of  the 
United  States  or  of  this  state,  upon  which  inscriptions,  names  of  action, 
words,  marks  or  symbols  are  placed  pursuant  to  law  or  authorized 
regulations. 

6604.  Armed  association. 

SEC.  339.  It  shall  not  be  lawful  for  any  body  of  men  other  than  the 
state  or  municipal  police,  university  or  public  school  cadets  or  companies, 
national  guard  or  troops  of  the  United  States,  to  associate  themselves 
together  as  a  military  company  with  arms,  without  the  consent  of  the 
governor ;  but  members  of  social  and  benevolent  associations  are  not  pro- 
hibited from  wearing  swords.  Every  person  who  shall  associate  with 
others  in  violation  of  this  section  shall  be  guilty  of  a  misdemeanor. 

6605.  Combination  to  resist  process. 

SEC.  340.  Every  person  who  shall  enter  into  a  combination  with  another 
to  resist  the  execution  of  any  legal  process  or  other  mandate  of  a  court  of 
competent  jurisdiction,  under  circumstances  not  amounting  to  a  riot,  shall 
be  guilty  of  a  gross  misdemeanor. 

6606.  Refusing  to  join  posse,  or  prevent  breach  of  peace. 

SEC.  341.  Every  male  person,  above  eighteen  years  of  age,  who  shall 
neglect  or  refuse  to  join  the  posse  comitatus,  or  power  of  the  county,  by 
neglecting  or  refusing  to  aid  and  assist  in  taking  or  arresting  any  person 
or  persons  against  whom  there  may  be  issued  any  process,  or  by  neglecting 
to  aid  and  assist  in  retaking  any  person  or  persons  who,  after  being 
arrested  or  confined,  may  have  escaped  from  such  arrest  or  imprisonment, 
or  by  neglecting  or  refusing  to  aid  and  assist  in  preventing  any  breach  of 
the  peace,  or  the  commission  of  any  criminal  offense,  being  thereto  law- 
fully required  by  any  sheriff,  deputy  sheriff,  coroner,  constable,  judge,  or 
justice  of  the  peace,  or  other  officer  concerned  in  the  administration  of 
justice,  shall  be  guilty  of  a  misdemeanor. 

See  sees.  2833,  6361,  6863,  6956. 

6607.  Disturbing  meeting. 

SEC.  342.  Every  person  who,  without  authority  of  law,  shall  wilfully 
disturb  any  assembly  or  meeting  not  unlawful  in  its  character,  shall  be 
guilty  of  a  misdemeanor. 

See  sees.  6478,  6597. 

6608.  Sabbath  breaking. 

SEC.  343.     Every  person  who,  on  a  Sunday,  shall  promote  or  engage  in 


1879  CRIMES  AND  PUNISHMENTS  See.  6614 

any  noisy  or  boisterous  sport  or  amusement,  which  disturbs  the  peace  of 
the  day,  or  shall  keep  open  any  race  grounds,  shall  be  guilty  of  a 
misdemeanor. 

\  I'artr  Winston.  t»  Ni-v.  71. 

»>r»o*.».    Ainiintr  <n*  discharging  tins-inns. 

SEC.  344.  Every  person  who  shall  aim  any  gun,  pistol,  revolver  or 
other  firearm,  whether  loaded  or  not,  at  or  towards  any  human  being, 
or  who  shall  wilfully  discharge  any  firearm,  air  gun  or  other  weapon,  or 
throw  any  deadly  missile  in  a  public  place,  or  in  any  place  where  any  per- 
son might  be  endangered  thereby,  although  no  injury  result,  shall  be  guilty 
of  a  misdemeanor. 

WHO.     I'M-  of  lirearm.N  1»\  minor. 

.  345.  No  minor  under  the  age  of  fourteen  years  shall  handle  or  have- 
in  his  possession  or  under  his  control,  except  while  accompanied  by  or 
under  the  immediate  charge  of  his  parent  or  guardian,  any  firearm  of  any 
kind  for  hunting  or  target  practice  or  for  other  purposes.  Every  person 
violating  any  of  the  foregoing  provisions,  or  aiding  or  knowingly  permit- 
ting any  such  minor  to  violate  the  same,  shall  be  guilty  of  a  misdemeanor. 

WH1.    utlriixex  in  pnhlic  con\e\  ancex. 

SEC.  346.  Every  person  who  shall  wilfully  use  profane,  offensive,  or 
indecent  language  or  engage  in  any  quarrel  in  any  public  conveyance,  or 
interfere  with  or  annoy  any  passenger  therein,  or  having  refused  to  pay 
the  proper  fare,  shall  fail  to  leave  any  such  conveyance  upon  demand,  shall 
be  guilty  of  a  misdemeanor. 

WH'J.     hext  ruction  nf  property . 

SEC.  347.    Whenever  any  persons  unlawfully  assembled  shall  pull  down 

or  destroy  any  dwelling  house  or  other  building,  or  any  shop,  steamboat, 

1  or  other  property,  they  severally  shall  be  punished  by  imprisonment 

in  the  state  prison  for  not  more  than  five  years,  or  by  a  fine  of  not  more 

than  one  thousand  dollars. 

Mil:;.    Criminal  anarchy  defined. 

SEC.  348.  Criminal  anarchy  is  the  doctrine  that  organized  government 
should  be  overthrown  by  force  or  violence,  or  by  assassination  of  the 
executive  head  or  of  any  of  the  executive  officials  of  government,  or  by  any 
unlawful  means.  The  advocating  of  such  doctrine  either  by  word  of 
mouth  or  writing  is  a  felony. 

WH  I.     Advocacy  of  criminal  anarchy. 
SEC.  349.    Every  person  who— 

1.  By  word  of  mouth  or  writing  shall  advocate,  advise  or  teach  the  duty, 
necessity  or  propriety  of  overthrowing  or  overturning  organized  govern- 
ment by  force  or  violence,  or  by  assassination  of  the  executive  head  or  of 
any  of  the  executive  officials  of  government,  or  by  any  unlawful  means ;  or, 

2.  Shall  print,  publish,  edit,  issue  or  knowingly  circulate,  sell,  distribute 
or  publicly  display  any  book,  paper,  document,  or  written  or  printed  matter 
in  any  form,  containing  or  advocating,  advising  or  teaching  the  doctrine 
that  organized  government  should  be  overthrown  by  force,  violence  or  any 
unlawful  means ;  or, 

3.  Shall  openly,  wilfully  and  deliberately  justify  by  word  of  mouth  or 
writing  the  assassination  or  unlawful  killing  or  assaulting  of  any  executive 
or  other  officer  of  the  United  States  or  of  any  state  or  of  any  civilized 
nation  having  an  organized  government  because  of  his  official  character, 
or  any  other  crime,  with  intent  to  teach,  spread  or  advocate  the  propriety 
of  the  doctrines  of  criminal  anarchy ;  or, 


Sec.  6615  CRIMES  AND  PUNISHMENTS  1880 

4.  Shall  organize  or  help  to  organize  or  become  a  member  of  or  volun- 
tarily assemble  with  any  society,  group  or  assembly  of  persons  formed  to 
teach  or  advocate  such  doctrine ; 

Shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more  than 
ten  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or  both. 

6615.  Assemblages  of  anarchists. 

SEC.  350.  Whenever  two  or  more  persons  assemble  for  the  purpose  of 
advocating  or  teaching  the  doctrines  of  criminal  anarchy,  as  defined  in 
this  act,  such  an  assembly  is  unlawful,  and  every  person  voluntarily  par- 
ticipating therein  by  his  presence,  aid  or  instigation,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  ten  years,  or  by  a  fine 
of  not  more  than  five  thousand  dollars,  or  both. 

6616.  Permitting  premises  to  be  used  for  assemblages  of  anarchists. 
SEC.  351.    Every  owner,  agent,  superintendent,  janitor,  care-taker  or 

occupant  of  any  place,  building  or  room,  who  shall  wilfully  and  knowingly 
permit  therein  any  assemblage  of  persons  prohibited  by  the  next  preceding 
section,  or  who,  after  notification  that  the  premises  are  so  used,  shall 
permit  such  use  to  be  continued,  shall  be  guilty  of  a  gross  misdemeanor. 

6617.  Publishing  matter  inciting  breach  of  peace. 

SEC.  352.  Every  person  who  shall  wilfully  print,  publish,  edit,  issue,  or 
knowingly  circulate,  sell,  distribute  or  display  any  book,  paper,  document 
or  written  or  printed  matter,  in  any  form,  advocating,  encouraging  or 
inciting,  or  having  a  tendency  to  encourage  or  incite  the  commission  of 
any  crime,  breach  of  the  peace  or  act  of  violence,  or  which  shall  tend  to 
encourage  or  advocate  disrespect  for  law  or  for  any  court  or  courts  of 
justice,  shall  be  guilty  of  a  gross  misdemeanor. 

6618.  Liability  of  editors  and  others. 

SEC.  353.  Every  editor  or  proprietor  of  a  book,  newspaper  or  serial  and 
every  manager  of  a  partnership,  corporation  or  association  by  which  a 
book,  newspaper  or  serial  is  issued,  is  chargeable  with  the  publication  of 
any  matter  contained  in  such  book,  newspaper  or  serial.  But  in  every 
prosecution  therefor,  the  defendant  may  show  in  his  defense  that  the 
matter  complained  of  was  published  without  his  knowledge  or  fault  and 
against  his  wishes  by  another  who  had  no  authority  from  him  to  make  the 
publication,  and  was  retracted  by  him  as  soon  as  known,  with  an  equal 
degree  of  publicity. 

CHAPTER  18 

VAGRANCY 

6619.  What   constitutes   vagrancy.  6621.  Credit  given  for  work. 

6620.  Vagrants  may  be  employed  on  public       6622.  Punishment  for  refusal  to  work. 

works.  662.3.  Sheriff    to     procure     employment     for 

vagrants. 

6619.    What  constitutes  vagrancy. 
SEC.  354.    Every—- 

1.  Idle  or  dissolute  person,  without  visible  or  known  means  of  living, 
who  has  the  physical  ability  to  work,  and  who  does  not  for  the  space  of  ten 
days  make  proper  inquiry  for,  and  use  due  diligence  to  seek  employment, 
nor  labor  when  employment  is  offered  him ;  or, 

2.  Idle  or  dissolute  person  who  roams  about  the  country  from  place  to 
place  without  any  lawful  business;   or, 

3.  Healthy  beggar  who  solicits  alms  as  a  business ;   or, 

4.  Person  who  makes  a  practice  of  going  from  house  to  house  begging 
food,  money,  or  other  articles,  or  seeks  admission  to  such  houses  upon 


1881  CRIMES  AND  PUNISHMENTS  Sec.  6620 

frivolous  pretexts  for  no  other  apparent  motive  than  to  see  who  may  be 
therein,  or  to  gain  an  insight  of  the  premises ;  or, 

5.  Idle  or  dissolute  person  or  associate  of  known  thieves  who  wanders 
about  the  streets  at  late  and  unusual  hours  of  the  night,  or  prowls  around 
dark  alleys,  byways,  and  other  dark  or  unfrequented  places  at  any  hour  of 
the  night,  without  any  legitimate  business  in  so  doing ;  or, 

6.  Idle  or  dissolute  person  who  lodges  in  any  barn,  shed,  shop,  outhouse, 
or  place  other  than  that  kept  for  lodging  purposes,  without  the  permission 
of  the  owner  or  person  entitled  to  the  possession  thereof;  or, 

7.  Common  drunkard  who  is  in  the  habit  of  lying  around  the  streets, 
alleys,  sidewalks,  saloons,  barrooms  or  other  public  places  in  a  state  of 
intoxication ;   or, 

-*  8.  Pimp,  pander,  procurer  or  procuress ;  or, 

9.  Lewd  or  dissolute  male  person  who  lives  in  and  about  houses  of  prosti- 
tution or  solicits  for  any  prostitute  or  house  of  prostitution ;  or, 

10.  Lewd  and  dissolute  female  person  known  as  a  " street  walker,"  or 
common  prostitute,  who  shall  upon  the  public  streets,  or  in  or  about  any 
public  place  or  assemblage,  or  in  any  saloon,  barroom,  clubroom,  or  any 
other  public  or  general  place  of  resort  for  men,  or  anywhere  within  the 
sight  or  hearing  of  ladies  or  children,  conduct  and  behave  herself  in  an 
immodest,    drunken,    indecent,   profane,    or   obscene   manner,    either   by 
actions,  language,  or  improper  exposure  of  her  person ;  or, 

11.  Boy  or  male  person  under  the  age  of  twenty-one  years,  who  habit- 
ually remains  away  from  his  home  or  place  of  residence  after  the  hour  of 
nine  o'clock  p.  m.  without  some  lawful  and  necessary  business,  or  other 
imperative  duty,  or  good  and  sufficient  reason  or  cause  for  such  absence 
from  home  after  such  hour,  for  his  own  amusement  and  pastime,  without 
any  legitimate  business  for  so  doing,  frequents  and  passes  his  time  in  any 
billiard  room  or  other  place  where  any  such  games  are  played,  or  any 
saloon  or  other  place  where  intoxicating  liquor  is  sold  or  drank;   or  who 
at  any  hour  of  the  night  or  day,  for  his  own  amusement  and  pastime,  with- 
out any  legitimate  business  for  so  doing,  frequents  or  loafs  around  any  low 
den,  house,  or  other  place  of  vice,  infamy,  or  immorality,  where  known 
thieves  and  other  vicious  and  infamous  persons  resort  or  congregate;    or 
who  at  any  hour  of  the  night,  either  alone  or  otherwise,  prowls  about  the 
streets  or  town,  disturbing  the  peace  and  quiet  of  the  neighborhood  by  loud 
or  unnecessary  noise,  or  committing  petty  depredations,  tricks,  or  pranks, 
upon  the  person  or  property  of  other  people,  or  by  abusive,  obscene,  or 
insulting  language,  or  by  any  manner  of  rowdyism  whatsoever,  disturbs  or 
annoys  the  passersby,  any  lawful  assemblage  of  persons,  or  the  neighbor- 
hood at  large ;  or, 

12.  Person  who  keeps  a  place  where  lost  or  stolen  property  is  concealed— 
Is  a  vagrant,  and  shall  be  punished  by  imprisonment  in  the  county  jail 

for  not  more  than  three  months,  or  by  a  fine  of  not  more  than  three  hun- 
dred dollars,  or  both. 

See  sees.  6506,  6842. 

See  Tilden  v.  Esmeralda  County.  :J-J  NYv.  319  (107  P.  881). 

6620.    Vagrants  may  l>e  employed  on  public  works. 

SEC.  355.  All  male  persons  having  the  physical  ability  to  work,  con- 
victed of  vagrancy  and  imprisoned  on  judgment  therefor,  may  be  required 
to  perform  labor  on  the  public  works,  buildings,  grounds,  or  ways  in  the 
county,  and  the  sheriff  or  other  person  or  persons  having  them  in  charge 
while  performing  such  labor  may,  in  his  discretion,  employ  any  usual, 
reasonable,  humane,  and  sufficient  means  to  guard  against  and  prevent 
such  prisoner  escaping  from  custody  while  being  so  employed. 


See.  6621  CRIMES  AND  PUNISHMENTS  1882 

6621.  Credit  given  for  work. 

SEC.  356.  For  each  any  every  day's  work  willingly  and  faithfully  per- 
formed by  such  vagrant,  he  shall  receive  credit  for  two  days'  time,  which 
shall  be  by  the  sheriff  applied  upon  and  deducted  from  his  term  of 
imprisonment. 

6622.  Punishment  for  refusal  to  work. 

SEC.  357.  If  any  imprisoned  vagrant,  having  the  physical  ability  to 
work,  refuse  to  work  when  required  so  to  do,  as  herein  provided,  he  may, 
as  a  punishment,  be  forced  to  work  by  being  compelled  to  "pack  sand,"  or 
carry  other  material  and  weight  from  place  to  place,  or  to  perform  other 
labor  not  unreasonable,  inhumane,  or  too  burdensome,  until  he  declares 
himself  willing  to  work,  and  does  work  as  required ;  or  in  lieu  thereof  he 
may,  in  the  discretion  of  the  sheriff,  be  confined  in  a  cell  of  the  jail  and  fed 
upon  no  other  food  except  bread  and  water,  until  tie  declares  himself  ready 
to  work,  as  required  herein ;  but  both  methods  of  punishment  herein  pre- 
scribed shall  in  no  instance  be  inflicted  at  the  same  time.  In  either  case  of 
punishment  the  prisoner  shall  have  no  credit  given  him  upon  his  term  of 
imprisonment,  for  such  forced  labor  or  solitary  confinement. 

6623.  Sheriff  to  procure  employment  for  vagrants. 

SEC.  358.  It  shall  be  the  duty  of  the  sheriff,  during  fair  and  reasonable 
weather,  when  the  same  can  be  done  without  extra  expense  to  the  county, 
to  procure  employment  for  and  set  at  work  such  convicted  vagrants,  who 
are  serving  out  their  term  of  imprisonment ;  and  to  this  end,  upon  applica- 
tion of  any  road  supervisor,  superintendent,  foreman,  or  other  overseer  or 
custodian  of  any  public  works,  buildings,  or  grounds,  he  may  deliver  into 
the  custody  and  charge  of  such  person  making  the  application,  such  pris- 
oners, to  do  labor  as  herein  required,  who,  after  working  hours  of  the  day, 
or  after  suspension  of  labor  from  any  cause,  shall  be  returned  into  the 
custody  of  the  sheriff  of  the  county  for  safe  keeping  until  again  required 
for  labor. 

CHAPTER  19 

ARSON — FOREST    AND    NEGLIGENT    FIRES 

6624.  Arson,    first    degree — Penalty.  6629.  Contiguous  fires. 

6625.  Arson,  second  degree.  6630.  Ownership  of  building. 

6626.  Burning  to  defraud  insurer.  6631.  Preparation  is  attempt. 

6627.  Arson — Fine  in  addition  to   imprison-  6632.  Starting  and  neglecting  fires — Penalty. 

ment.  6633.  Damage    by   fire — Penalty   and    liabil- 

6628.  "Set  on  fire"  defined.  ity  for. 

6624.  Arson,  first  decree— Penalty. 

SEC.  359.  Every  person  who  shall  wilfully  burn  or  set  on  fire  in  the 
night-time  or  between  sunset  and  sunrise  the  dwelling  house  of  another,  or 
any  building  in  which  there  shall  be  at  the  time  a  human  being,  shall  be 
guilty  of  arson  in  the  first  degree  and  be  punished  by  imprisonment  in  the 
state  prison  for  a  term  not  less  than  two  years,  and  which  may  extend  to 
life,  and  in  addition  thereto,  may  be  fined  as  provided  in  section  362. 

See  sec.  6626. 

See  State  v.  McMahan,  17  Nev.  365  (30  P.  1000). 

6625.  Arson,  second  degree. 

SEC.  360.  Every  person  who,  under  circumstances  not  amounting  to 
arson  in  the  first  degree,  shall  wilfully  and  maliciously  burn,  or  set  on  fire, 
any  dwelling  house  or  building  owned  by  himself,  or  the  property  of 
another,  or  any  kitchen,  office,  shop,  barn,  stable,  storehouse,  warehouse,  or 
other  building,  or  stacks  of  grain,  or  stacks  or  stocks  of  hay  or  straw,  or 
cordwood,  or  lumber,  or  charcoal,  of  the  value  of  fifty  dollars  or  more,  or 


1883  CRIMES  AND  PUNISHMENTS  See.  6681 

standing  crops,  the  property  of  any  other  person  or  corporation,  or  any 
church,  meeting  house,  school  house,  state  house,  court  house,  or  other  pub- 
lic building,  or  any  ship,  vessel,  boat,  or  other  water  craft,  or  any  bridge  or 
railroad  car  or  engine,  or  any  threshing  machine,  wagon,  lumber  or  timber, 
whether  cut  or  standing,  of  the  value  of  fifty  dollars  or  more,  shall  be 
deemed  guilty  of  arson  in  the  second  degree,  and,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  not  less 
than  one  year  nor  more  than  ten  years,  and  in  addition  thereto,  may  be 
fined,  as  provided  in  section  362  ;  and  should  the  life  or  lives  of  any  person 
or  persons  be  lost  in  consequence  of  such  burning,  as  mentioned  in  this  and 
the  preceding  section,  such  offender  shall  be  deemed  guilty  of  murder,  and 
shall  be  indicted  and  punished  accordingly. 

Ei  Parte  Curnow,21  Nev.M   -Ji  I',  i 


Uuniinn-  tn  defraud  insurer. 
SEC.  361.  Every  person  who  shall  wilfully  burn,  or  cause  to  be  burned, 
any  building,  or  any  goods,  wares,  merchandise,  or  other  chattel,  which 
shall  be  at  the  time  insured  against  loss  or  damage  by  fire,  with  intent  to 
injure  or  defraud  such  insurer,  whether  the  same  be  the  property  of  such 
person,  or  of  any  other,  shall,  upon  conviction,  be  adjudged  guilty  of  arson 
in  the  second  degree,  and  punished  as  prescribed  in  the  next  preceding 
section. 


K\  idem-e    i.t'   an    o\  rilar;:*'    insurance    upon  mat  eria  I.    a»    tending    to    sho\\    a    motive    and 

>d'    tin-    accused    destroyed    l.y    the  thus   making   an    import  a  lit    link    in    the  chain 

'.as     ••ompi'tt'Tit     as     tendin;:    to    show    a  of    «-i  ivnm^t  a  ncr-s  :     Held,    that     the    place    and' 

•  !«>     or     prohalde     n,  h     moti\e  amount    of    siu-h    insurance    nii^ht     l>e    pn>\  ed 

IMMIILT    a    material    link    in    the   chain    of    <-ir  l>\     pand,    without    producing    the    policy    of 

••umstaiices.       When,    in    a     pn.^r.-ut  ii.n     t'«.i  insurance.     State  v.  Cohn,  9  Nev.  179. 
anon,  the   fact    of  :i    (,,-lief  ,,M   the   part  of  See  Ex  Parte  Prosole,  32  Nev.   :*7S(]us 

the  accused  that  he  was  <»\  erin-ured  became  P.   630). 


AI-NHII—  Fine  in  addition  to  imprisonment. 
SEC.  362.  When  any  person  is  convicted  of  arson  in  either  the  first  or 
second  degree,  the  court,  in  addition  to  any  term  of  imprisonment  provided 
by  law,  may  order  and  adjudge  that  the  accused  pay  a  fine  not  exceeding 
ten  thousand  dollars  and  not  exceeding  twice  the  value  of  the  property 
destroyed  by  fire. 

6628.  "Set  on  tire"  defined. 

SEC.  363.  A  building,  structure  or  any  property  mentioned  in  the  last 
three  preceding  sections  shall  be  deemed  "set  on  fire,"  whenever  any  part 
thereof  or  anything  therein  shall  be  scorched,  charred  or  burned. 

6629.  rnnturiioiis  tires. 

SEC.  364.  Whenever  any  building  or  structure  which  may  be  the  subject 
of  arson  in  either  the  first  or  second  degree  shall  be  so  situated  as  to  be 
manifestly  endangered  by  any  fire  and  shall  subsequently  be  set  on  fire 
thereby,  any  person  participating  in  setting  such  fire  shall  be  deemed  to 
have  participated  in  setting  such  building  or  structure  on  fire. 

6630.  Ownership  of  building. 

SEC.  365.  To  constitute  arson  it  shall  not  be  necessary  that  another  per- 
son than  the  defendant  should  have  had  ownership  in  the  building  or 
structure  set  on  fire. 

6631.  Preparation  is  attempt. 

SEC.  366.  Any  wilful  preparation  made  by  any  person  with  a  view  to 
setting  fire  to  any  building  or  structure  shall  be  deemed  to  be  an  attempt 
to  commit  the  crime  of  arson,  and  shall  be  punished  as  such. 


Sec.  663*2  CRIMES  AND  PUNISHMENTS  1884 

6632.  Starting  and  neglecting  fires— Penalty. 

SEC.  367.  Every  person  who,  upon  departing  from  camp,  or  from  any 
fire  started  by  him  in  the  open,  wilfully  and  negligently  leaves  the  fire  or 
fires  burning  or  unexhausted,  or  fails  to  thoroughly  extinguish  the  same, 
is  guilty  of  a  misdemeanor. 

See  sec.  6579. 

The  act  of  Congress  to  prevent  forest  fires  on  the  public  domain,  approved  February  24, 
1897,  amended  May  5,  1900  (7  Fed.  Stats.  Anntd.,  308,  31  Stats.  L.  169),  provides  that*  any 
person  who  shall  wilfully  set  on  fire  any  timber,  underbrush  or  grass  on  the  public  domain, 
or  shall  leave  or  suffer  fire  to  burn  unattended  near  any  timber  or  other  inflammable  mate- 
rial, shall  be  punished  by  a  fine  of  not  more  than  five  thousand  dollars,  or  by  imprisonment 
for  not  more  than  two  years,  or  by  both. 

Section  2  of  the  act  provides  that  any  person  building  a  fire  in  or  near  any  forest,  timber 
or  inflammable  material  upon  the  public  domain,  who  shall  fail  to  totally  extinguish  the 
same  before  leaving  it,  shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars, 
or  by  imprisonment  for  not  more  than  one  year,  or  by  both. 

6633.  Damage  by  fire,  penalty  and  liability  for. 

SEC.  368.  Every  person  who  lights  a  fire  for  any  purpose  along  the 
road  through  any  woodland,  or  upon  the  same,  or  at  any  other  place  in  the 
open,  and  thereby,  or  by  any  other  means,  sets  fire  to  any  growing  timber 
or  forest,  shubbery,  crops,  grass  or  vegetation,  and  thereby  causes  the 
destruction  of  any  timber,  forest,  crops,  grass,  vegetation  or  property  not 
his  own,  of  the  value  of  fifty  dollars  or  more,  shall  be  guilty  of  a  felony  and 
imprisoned  in  the  state  prison  for  not  less  than  one  year  nor  more  than 
five  years,  and  in  addition  thereto  may  be  fined  in  a  sum  not  exceeding  ten 
thousand  dollars  and  not  exceeding  twice  the  value  of  the  property 
destroyed,  in  addition  to  being  liable  to  the  owner  of  such  property  for  the 
full  value  thereof  in  a  civil  action. 

See  preceding  section  and  sec.  6579. 

CHAPTER  20 

BURGLARY 

6634.  Burglary  defined.  6636.  Crime     in     building — Punished     sepa- 

6635.  Presumption  of  intent.  rately. 

6637.  Making  or  having  burglar  tools. 

6634.    Burglary  defined. 

SEC.  369.  Every  person  who  enters  any  house,  room,  apartment,  tene- 
ment, shop,  warehouse,  store,  mill,  barn,  stable,  outhouse,  or  other  building, 
tent,  vessel,  or  railroad  car,  with  intent  to  commit  grand  or  petit  larceny, 
or  any  felony,  is  guilty  of  burglary.  Every  burglary  committed  in  the 
night-time  is  burglary  of  the  first  degree,  and  every  burglary  committed  in 
the  daytime  is  burglary  of  the  second  degree.  Burglary  of  the  first  degree 
is  punishable  by  imprisonment  in  the  state  prison  for  not  less  than  one 
nor  more  than  fifteen  years.  Burglary  of  the  second  degree  is  punishable 
by  imprisonment  in  the  state  prison  for  not  more  than  five  years.  When- 
ever burglary  is  committed  upon  a  railroad  train,  in  motion  or  in  rest,  in 
this  state,  and  it  cannot  with  reasonable  certainty  be  ascertained  in  what 
county  said  crime  was  committed,  the  offender  may  be  arrested  and  tried 
in  any  county  through  which  said  railroad  train  may  have  run  on  the  trip 
during  which  such  burglary  is  committed.  The  phrase  "night-time,"  as 
used  in  this  section,  means  the  period  between  sunset  and  sunrise. 

An  instruction,  that  if  defendant  entered  to   establish   intent   reviewed   and   held   suf- 

the  house  and  stole  therefrom  certain  goods,  ficient.     State  v.  Clark,  12  Nev.  337. 

it   might   be   inferred  that   he   entered  with  Evidence   reviewed   and   held   insufficient 

intent  to  steal,  held  correct.     State  v.  Wat-  to  establish  that  the  entry  was  made  with 

kins,  11  Nev.  30.  intent  to  steal.     State  v.  Kyan,  12  Nev.  402. 

In   order  to   constitute  the  crime  of  bur-  The    language    of    the    statute    is    broad 

glarly,  it   is  just  as  essential  to  prove  the  enough    to    include    buildings    of    any    kind, 

intent  as  it  is  to  prove  the  entry.     Evidence  regardless     of     the     fact     of     inhabitancy. 


1885  CRIMES  AND  PUNISHMENTS  Sec. 

Where    the    premises    aro    described    in    tin*  tin1  company.     It  was  not   incuinln-ut   on  the 

indictment  as  belonging  to  a  certain  person,  state  to  show  ownership  otherwise  than  by 

the    further    allegation    that    the    premises  possession  and  occupancy.  Whore  the  indict 

occupied    by    a    particular    tenant    is  nient   charged   that  defendants  entered    into 

immaterial,  and  a  failure  to  prove  the  latter  a    certain   room   occupied  by  a  certain   com- 

allegation  is  not  a  variance,  as  its  only  office  pany    as    a    store,    it    was    not    necessary    to 

•  further  identify  premises  already  suf-  allege   that  the  company  was  either   n    cor- 

ticientlv    described.      State   v.    Dan,   18   Nev.  poration.  an   association,  or  a   copart  norship. 

•  P.  336).  State  \.  slums,  25  Nev.  432  (62  P.  242), 
I'rior  to  the  above  section  taking  effect,  The  offense  is  complete  when  the  house  is 

former    provisions    defined    burglary    of    the  entered    with  a   specific    intent    to   steal,  and 

i    degree  as  housebreakin^.  and  under  the  actual  stealing  or  attempt  to  steal  prop- 

an   indictment   for  burglary   it   was  essential  erty   therein  is  but  evidence  of  such   intent. 

to    prove    that    the    breaking    or    entry    was  and     the    allegation     in    the    indictment     of 

done   in   the   night-time.      State    \.    (Jray.    I'.1'  ownership    of   the    property   in   the   house    is 

.  301  (46  P.  801).  mere  surplusage.     Where  accused,  in  explain- 

See  State  v.  Ah  Sam,  7  Nev.    TJ7.  ing    his    flight    from    the   immediate   vicinity 

Where  an  indictment  for  burglary  charged  <>f   the   hi.  use.   after   the  breaking  and   entry 

dant   broke   into   a   certain    room  thereof   had    been   discovered,  testified    that 

occupied  by  a  certain  company  in  a  particu  he  ran  away  because  he  had  a  dirk-knife  in 

lar  buiMinir.   it   was  not  to  allege  his    po-v.-sxioii.    and   that   he   was    afraid    if 

the    owner-hip    of    the    buililiiig.    sine,.    the  arrested  that  he  would  be  in  danger  of  eon- 

•ion   that  defendant    entered   the   room  \ictimi    for    carrying    a    concealed    weapon, 

occupied    by    the    prose,  -utor    siitlicieiit  ly    laid  t  he  error,  if  a  ny.  in  admitting  the  dirk-kni  fe 

t!  .....  wnership    of    the    premises    entered     in  in    evidence,    was    not    prejudicial.      State    V. 

simps,.,,.  L8£    i"i   1'.  844   . 

I'li;:;.-).     hvsimiption  of  intnil. 

SEC.  370.  Every  person  who  shall  unlawfully  break  and  enter  or  unlaw- 
fully enter  any  building  or  structure  enumerated  in  the  last  preceding  sec- 
tion shall  be  deemed  to  have  broken  and  entered  or  entered  the  same  with 
intent  to  commit  grand  or  petit  larceny  or  a  felony  therein,  unless  such 
unlawful  breaking  and  entering  or  unlawful  entry  shall  be  explained  by 
testimony  satisfactory  to  the  jury  to  have  been  made  without  criminal 
intent. 


<  rim<k  in  bnildinff—  -Punished  >«'p;ir;iiH\. 
SEC.  371.    Every  person  who,  in  the  commission  of  a  burglary  shall 
commit  any  other  crime,  shall  be  punished  therefor  as  well  as  for  the 
burglary,  and  may  be  prosecuted  for  each  crime  separately. 


Making  or  liavin»-  Ininrlar  tools. 
SEC.  372.  Every  person  who  shall  make  or  mend  or  cause  to  be  made 
or  mended,  or  have  in  his  possession  in  the  day  or  night-time,  any  engine, 
machine,  tool,  false  key,  picklock,  bit,  nippers  or  implement  adapted, 
designed  or  commonly  used  for  the  commission  of  burglary,  larceny  or 
other  crime,  under  circumstances  evincing  an  intent  to  use  or  employ, 
or  allow  the  same  to  be  used  or  employed  in  the  commissipn  of  a  crime,  or 
knowing  that  the  same  is  intended  to  be  so  used,  shall  be  guilty  of  a  gross 
misdemeanor.  The  possession  thereof  except  by  a  mechanic,  artificer  or 
tradesman  at  and  in  his  established  shop  or  place  of  business,  open  to 
public  view,  shall  be  prima  facie  evidence  that  such  possession  was  had 
with  intent  to  use  or  employ  or  allow  the  same  to  be  used  or  employed  in 
the  commission  of  a  crime. 

CHAPTER  21 
LARCENY,  ALTERING  BRANDS,  DRIVING  AWAY  ANIMALS 

6638.  Grand  larceny  defined.  6643.  Conversion    of    realty    to    personalty, 

Petit  larceny  defined.  grand  larceny. 

6640.  Taking   or  misbranding  domestic   ani-  6644.  Idem  —  Petit  larceny. 

mals,  selling  or  purchasing  hide  or  6645.  Negotiable     and     other     instruments. 

carcass,  grand  larceny.  subjects  of  larceny. 

<i<!41.  Failure  to  exhibit  hide  or  keep  record  6646.  Larceny  by  lodger. 

of  brand,  misdemeanor.  6647.  Dog  stealing. 

Hill:.'.  Stock  not  to  be  driven  from  range.  6648.  Receiving  stolen  goods. 

119 


See.  6638 


CRIMES  AND  PUNISHMENTS 


1886 


(5649.  Detention    of    person    bringing    stolen 

goods  into  state. 
Property  restored  to  owner. 


6651.  Eestoration   of   stolen  property — Duty 

of  officers. 

6652.  Commission     or     part  ownership     no 

defense  for   stealing. 

6688.    Grand  larceny  defined. 

SEC.  373.  Every  person  who  shall  feloniously  steal,  take,  and  carry 
away,  lead  or  drive  away,  the  personal  goods  or  property  of  another,  of  the 
value  of  fifty  dollars  or  more,  shall  be  deemed  guilty  of  grand  larceny,  and 
upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  any  term  not  less  than  one  year  nor  more  than  fourteen  years. 

Where   it  was   objected  to  an   indictment       properly  convicted  for  the  final  asportation, 
for  grand  larceny  of  certain  "silver-bearing 
that  the  property  alleged  to  have  been 


ore 

stolen  savored  of  the  realty:  Held,  that  as 
"ore"  in  its  usual  acceptation  meant  some- 
thing severed  from  the  realty,  there  was  a 
sufficient  statement  of  facts  in  the  indict- 
ment showing  it  to  be  personal  property. 
The  taking  and  carrying  away  of  arti- 
cles, which  formed  a  part  of  the  freehold, 
will  not  constitute  a  larceny  unless  an  inter- 
val of  time  has  elapsed  between  the  acts 
of  severance  and  asportation;  but  it  seems 
only  such  an  interval  is  necessary  as  that 
the  two  acts  shall  not  constitute  one  trans- 
ition. State  v.  Berryman,  8  Nev.  262. 

See  State  v.  Smith,  34  Nev.  —  (117  P.  19) ; 
State  v.  Brannan,  3  Nev.  238;  Ex  Parte 
Maher,  25  Nev.  422  (62  P.  1). 

There  may  be  a  larceny  without  any  intent 
on  the  part  of  the  thief  to  profit  himself,  but 
there  cannot  be  a  larceny  without  an  intent 
to  deprive  the  owner  of  his  property.  State 
v.  Ryan,  12  Nev.  401  (28  A.  E.  802). 

Tlio  possession  of  stolen  property  is  not 
alone  sufficient  to  justify  a  conviction  for 
the-  larceny  thereof.  State  v.  Gray,  23  Nev. 
:?01  f46  P.' 801). 

In  prosecutions  for  larceny,  the  fact  that 
the  stolen  property  is,  recently  after  the 
theft,  found  in  the  possession  of  the  defend- 
ant, can  always  be  given  in  evidence  against 
him.  The  strength  of  the  presumption  of 
guilt,  raised  by  the  possession  of  property 
recently  stolen,  is  for  the  jury  to  determine. 
It  is  the  province  of  the  jury  to  determine 
whether  the  possession  is  recent  enough  to 
raise  the  presumption.  The  presumption 
arising  from  possession  of  stolen  property  is 
a  presumption  of  fact.  Whether  the  explan- 
ation of  one  found  with  property,  recently 
stolen,  in  his  possession  is  reasonable  or 
otherwise,  is  for  the  jury.  Where  there  are 
successive  larcenies,  each  complete  and  dis- 
tinct, and  not  constituting  one  continuing 
transaction,  the  mere  retention  and  posses- 
sion by  the  thief  of  the  fruits  of  his  petit 
larcenies  will  not  make  him  guilty  of  grand 
larceny,  though  the  aggregate  value  of  the 
stolen  property  exceeds  fifty  dollars.  Sev- 
eral successive  larcenies  do  not  constitute 
different  offenses  where  there  is  a  continu- 
ing transaction,  and  the  defendant  may  be 
convicted  for  the  final  carrying  away. 
Where  accused  took  cyanides  from  a  mine 
from  time  to  time,  in  small  quantities,  to 
avoid  detection, and  then  carried  them  away. 
it  \vas  a  continuous  transaction,  and  he  was 


the  value  of  the  cyanides  being  in  excess  of 
fifty  dollars.  The  court  instructed  the  jury 
as  follows:  "You  are  instructed  that,  in 
order  to  convict  the  defendant,  you  must  not 
only  be  satisfied  beyond  a  reasonable  doubt 
that  the  property  described  in  the  indict- 
ment was  stolen  from  the  April  Fool  Gold 
Mining  and  Milling  Company,  but  that  the 
defendant  either  stole  the  property,  or  that 
he  aided  or  encouraged  the  theft,  and,  if  cir- 
cumstances are  alone  relied  on  by  the  prose- 
cution, then  each  circumstance  must  be 
proved  beyond  a  reasonable  doubt.  And 
all  the  circumstances  so  proved  must  be  such 
that  the  defendant  could  not  be  innocent  in 
the  light  of  their  existence":  Held,  that 
that  portion  of  the  instruction  reading  "all 
the  circumstances  so  proved  must  be  such 
that  the  defendant  could  not  be  innocent  in 
the  light  of  their  existence,"  suggests  that 
degree  of  certainty  which  would  exclude  the 
possibility  of  the  innocence  of  the  accused, 
the  law  requiring  no  such  certainty.  If  the 
circumstances,  all  taken  together,  exclude 
to  a  moral  certainty  every  hypothesis  but 
the  single  one  of  guilt,  and  establish  that 
one  beyond  a  reasonable  doubt,  they  aiv 
sufficient.  State  v.  Mandich,  24  Nev.  :\:\(\ 
(o4  P.  516). 

Where  a  party  commits  larceny  in  one 
state  and  carries  the  stolen  goods  into 
another  state,  and  there  makes  any  removal 
or  asportation  of  them  with  intent  to  steal 
the  same,  he  may  be  properly  indicted  and 
tried  for  the  larceny  in  the  latter  state. 
State  v.  Bouton,  26  Nev.  34  (62  P.  595). 

An  indictment,  charging  defendant  with 
stealing  and  driving  away  particularly 
described  cattle  of  four  different  owners, 
charges  but  one  larceny,  and  is  not  duplici- 
tous,  so  as  to  require  the  state  to  elect  on 
which  count  it  stands.  Where,  in  a  prose- 
cution for  larceny  which  was  planned  and 
executed  by  defendant,  it  appeared  that  he 
had  suggested  it  to  a  witness  who  had  been 
appointed  deputy  sheriff,  and  was  acting  as 
such,  without  defendant's  knowledge,  when 
invited  to  join  in  commission  of  the  theft, 
and  keeping  the  sheriff  fully  informed  as  to 
what  was  transpiring  between  him  and 
defendant,  such  witness  was  neither  a 
coconspirator  nor  an  accomplice.  State  v. 
Douglas,  26  Nev.  196  (99  A.  S.  688,  65  P. 
802). 

Evidence  reviewed  and  held  sufficient  to 
warrant  a  conviction  of  the  attempting  to 
commit  grand  larceny  in  feloniously  attempt- 


1SS7 


CRIMES  AND  PUNISHMENTS 


in-  t<>  sever  -old-bearing  ore  from  the  realty 
of  ,-i  mining  claim.  State  v.  Thompson,  31 

:209. 
A    person    charged    with    larceny    of    cattle 

be  indicted  and  tried  for  the  offense  in 
any  county  through  which  lie  dr«>ve  thorn, 
a-  well  as  in  the  county  whore  they  were 
stolen  or  into  which  they  were  driven.  A 

person     stealing    .1: Is     in     one    county     and 

carrying  them  into  other  counties  is  con- 
sidered guilty  of  the  crime  and  may  be 
indicted  and  convicted  in  any  one  of  such 
count  I.  \  .TV  act  of  the  thief  in 

•Mioval  of  the  property  and  keeping  it 
from  the  n  of  the  o\vner  i<,  in 

contemplation    of    law.    an    offense.      If    pro;, 
erty     feloniously     taken     in     one     county     he 
eil  by  the  thief  into  another,  the   juris- 
di'-tion   of  the  ofVense   may   t.e   in   either:    but 
an     indi.-tment     in     the     latter    county     must 
the    offense    to    have    been    committed 
in    Mich    county,   or   that    the   Win-in-    of   the 
property     into     such     county     \\  a  -     felonious; 
and    if    it    do    not.    it    will    not    be    sullicient. 

v.   Broun.  ^    S 

When    property    i-    found    in    the    highway. 

and  the  finder  knows  the  owner,  or  there  are 

any   marks  upon   it    by   which   the  owner   may 

ined.    and     the    finder,    instead    of 

i  n-    it,  converts  it    to  his  own    us,  . 

conversion     will    constitute    a     felonious    tak- 

If  there  be  a  felonious  intent  to  appro 

priate   the   property.   cou|>led    with    a    reason- 

alde    belief    that    the    owner    could    be    found. 

•  iild     be     larceny.      If     the     finder 

—  ion  of  the  property  without    intending 

:il  it  at  the  time  of  the  original  taking. 
he  .-annot  be  found  guilty  of  larceny  by  any 

•(uent     intention     to    convert     it     to    his 
own  use.     Whore  there  is  no  other  evidence 
tending   to  establish   the  guilt  of  the  defend 
ant    except    the    fact    of    his    having   the    \,,,- 

•n    of  the   property   stolen,   and   the    jury 
believed   that    the   dofendan*    gi\es   a    i 
able  account  of  such  possession,  it  would  be 
their    duty    to    acquit.      State    v.    Clifford.    ].\ 
Xev.  71'  (33  A.   If.  r,26). 

The  court  instructed  the  jury  that  if 
they  In-Moved  that  the  defendant  took  the 
property  "with  the  intent  to  permanently 
deprive  the  owner  of  the  property,  and 
without  an  intention  to  return  the  same,  it 

i  felonious  intent  and  the  defendant 
is  -uilty":  Held,  correct.  It  is  not  essen- 
tial that  the  taking  should  be  with  a  view 
to  pecuniary  profit.  The  court  instructed 
the  jury  "that  where  the  evidence  is 
entirely  circumstantial,  yet  is  not  only  con- 
sistent with  the  guilt  of  the  defendant,  but 
im-onsistent  with  any  other  rational  conclu- 
sion, the  law  makes  it  the  duty  of  the  jury 
to  Convict,  notwithstanding  such  evidence 
may  not  be  as  satisfactory  to  their  minds  as 
the  direct  testimony  of  credible  eye  wit- 
State  v.  Slingerland,  19  Nev.  135 
(7  P.  280). 

The  indictment  properly  charged  defend- 
ant with  stealing  two  horses,  one  saddle,  and 
one  blanket.  The  stealing  of  different  arti- 
cle- at  the  same  time  and  place  constituted 
but  one  crime.  The  facts  that  one  took  a 


from  the  premises  of  its  owner,  with- 
out the  latter's  knowledge  or  consent,  rode 
it  for  a  certain  distance,  and  then  aban- 
doned it,  after  removing  and  concealing  the 
sad. lie  and  blanket,  are  sutlicicnt  to  justify 
a  finding  of  intent  to  permanently  deprive 
the  owner  of  his  property,  although  the  per 
son  charged  has  testified  that  he  expected 
some  one  to  take  the  property  back,  or  that 
he  expected  the  animal  to  stray  back.  If 
the  jury  wore  satisfied,  beyond  a  reasonable 
doubt,  that  defendant  used  the  property  in 
such  a  manner  that  the  owner  would  be 
likely  to  be  permanently  deprived  of  it.  the 
presumption  is  that  he  intended  so  to  use  it, 
and  the  burden  is  upon  him  to  rebut  such 
presumption  by  competent  e\  idence.  The 
declarations  of  a  codefendant  made  while 
the  conspiracy  was  pending,  and  in  further- 
ance of  the  common  design,  is  admissible  in 
evidence.  If  such  declarations  are  admitted 
before  proof  of  the  conspiracy,  the  error  is 

cured  bv  subsequent  e\ idence  of  the  COn- 
spiracv.'  State  \.  Ward.  1!>  Xev.  1297(10  P. 

A  person  diar-ed  with  a  criminal  offense 
i--  not  called  upon  to  answer  the  charge 
without  satisfactory  proof,  upon  the  part  of 
the  prosecution,  of  the  corpus  delicti;  but 
i'  is  not  essential,  in  all  cases,  that  there 
should  be  any  direct  e\  idence  upon  this 
point.  The  corpus  delicti  may  be  estab 
lished  by  i-  irciimstant  ial  evidence.  The 
identification  and  ownership  of  cattle  may 
be  proved  by  the  brands  and  marks  on  flu- 
hides  therefrom.  Whether  the  evidence 
upon  this  point,  in  any  -iven  cast1,  is  sulli 

cient    as  to   tl wnersjiip   of   the   cattle,   is  a 

question  of  fact  to  be  determined  by  tin- 
jury.  The  "act  to  regulate  marks  and 
brands  of  stock"  which  provides  that  "no 
mark,  brand,  or  rount  erbrand  shall  be  Con- 
sidered as  lawful,  if  not  recorded  as  speci- 
fied in  this  act."  has  no  application  to  the 
use  of  such  mark  or  brand  in  the  identifica- 
tion of  cattle  as  evidence  in  a  criminal 
proseriiticiri  for  larceny.  Neither  the  guilt 
or  innocence  of  the  defendant,  the  owner- 
ship of  the  cattle,  or  credibility  of  the  wit 

3,  depended  in  any  manner  upon  the 
question  whether  the  owners  of  the  cattle 
stolen  had  demanded  payment,  or  possession 
of  the  cattle,  from  the  persons  who  had 
innocently  purchased  and  paid  for  them 
from  the  defendant.  State  v.  Cardelli,  19 
Nev.  319  (10  P.  433). 

Where  evidence  was  introduced  of  defend- 
ant's bad  character  while  residing  near  the 
place  of  trial:  Held,  that,  in  order  to 
strengthen  the  case,  other  evidence  was 
admissible  as  to  his  character  while  residing 
in  a  neighboring  state  fifteen  years  before. 
A  telegram  offering  horses  for  sale,  sent  by 
defendant  shortly  after  leaving  the  place 
where  the  larceny  was  committed,  is  admis- 
sible as  tending  to  prove  a  desire  to  speed- 
ily dispose  of  property  and  flee.  An  instruc- 
tion that,  in  order  to  convict,  the  jury  must 
believe  beyond  a  reasonable  doubt  that  the 
animal  was  taken  by  the  defendant  in  the 
county  of  trial,  and  must  draw  no  inference 


Sec.  6639  CRIMES  AND  PUNISHMENTS  1888 

of  his  guilt  from  the  fact  that  they  believed  of  stolen  property,  in  order  to  remove  its 
he  had  the  animal  in  another  county,  was  effect  as  a  circumstance  to  be  considered  by 
properly  refused.  An  instruction  that  the  the  jury  in  connection  with  other  circum- 
accused  is  bound  to  explain  the  possession  stances  indicative  of  guilt:  Held,  correct. 

State  v.  Espinozei,  20  Nev.  209  (19  P.  677). 

6639.  Petit  larceny  defined. 

SEC.  374.  Every  person  who  shall  steal,  take,  and  carry,  lead,  or  drive 
away,  the  personal  goods  or  property  of  another,  under  the  value  of  fifty 
dollars,  shall  be  deemed  guilty  of  petit  larceny,  and  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than  six 
months,  or  by  fine  not  exceeding  five  hundred  dollars,  or  by  both  such  fine 
and  imprisonment. 

6640.  Taking  or  misbranding  domestic  animals,  selling  or  purchasing 

hide  or  carcass,  grand  larceny. 

SEC.  375.  Every  person  who  shall  feloniously  steal,  take  and  carry,  lead, 
drive  or  entice  away  any  horse,  mare,  gelding,  colt,  cow,  bull,  steer,  calf, 
mule,  jack,  jenny,  or  any  one  or  more  head  of  cattle  or  horses  or  any  sheep, 
goat,  hog,  shoat  or  pig,  not  his  own  property  but  belonging  to  some  other 
person ;  and  every  person  who  shall  mark  or  brand,  or  cause  to  be  marked 
or  branded,  or  shall  alter  or  deface,  or  cause  to  be  altered  or  defaced,  a  mark 
or  brand  upon  any  horse,  mare,  gelding,  colt,  cow,  bull,  steer,  calf,  mule, 
jack,  jenny,  or  any  one  or  more  head  of  cattle  or  horses,  or  any  sheep, 
goat,  hog,  shoat  or  pig,  not  his  own  property  but  belonging  to  some  other 
person,  with  intent  thereby  to  steal  the  same  or  to  prevent  the  identifica- 
tion thereof  by  the  true  owner,  or  to  defraud ;  and  every  person  who,  with 
intent  to  defra*ud,  or  to  appropriate  to  his  own  use,  shall  wilfully  kill  any 
animal  running  at  large,  not  his  own,  whether  branded,  marked  or  not; 
and  every  person  who  shall  sell  or  purchase,  with  intent  to  defraud,  the  hide 
or  carcass  of  any  animal  the  brand  or  mark  on  which  has  been  cut  out  or 
obliterated,  shall  be  deemed  guilty  of  grand  larceny,  and  upon  conviction 
shall  be  punished  by  imprisonment  in  the  state  prison  for  any  term  not  less 
than  one  year  nor  more  than  fourteen  years. 

See  sec.  7172. 

Branding  in  same  place  as  previous  brand,  sec.  2247. 

County  recorder  recording  brand  similar  to  one  already  of  record,  sec.  2248. 

Failure  to  give  notice  of  estray  animals  taken  up,  deemed  larceny,  sec?.  2274,  227»i. 

Marking  stock  by  removing  more  than  one-half  of  ear,  sec.  2240. 

Mismarking  or  misbranding  stock  not  one's  own,  sec.  2242. 

Railroads  receiving  for  transportation  out  of  state  horses  not  inspected,  sees.  2289-2291. 

Removing  horses  out  of  state  without  inspection,  sec.  2295. 

Sheriff  making  false  certificate  of  horses  transported  out  of  state,  sec.  22<)4. 

Shipping  horses  out  of  state  without  inspection,  sec.  2290. 

Appointment  of  hide  inspector,  sec.  2285. 

6641.  Failure  to  exhibit  hide  or  keep  record  of  brand,  misdemeanor. 
SEC.  376.    Any  person  slaughtering  any  cattle  shall  keep  for  the  period 

of  ten  days,  in  some  place  where  the  same  may  be  seen,  the  hide  intact, 
with  the  ears  on,  and  shall  on  demand  of  any  person  or  persons  be  required 
to  produce  the  hide,  with  the  ears  on,  for  the  said  period  of  ten  days.  It 
shall  be  unlawful  for  any  person  to  sell  any  slaughtered  bovine  animal  to 
the  keeper  of  any  butcher  shop  or  any  market  in  this  state,  without  hav- 
ing, and  upon  request  exhibiting,  to  such  butcher,  the  hide  containing  the 
brand  and  other  marks  upon  the  hide  of  such  animal,  or  for  any  person 
peddling  the  meat  of  any  bovine  animal,  who  is  not  the  keeper  of  any  shop 
or  meat  market,  to  sell  such  meat  without  having  in  his  possession,  then 
and  there,  and  upon  request  exhibiting,  the  hide  of  such  animal  containing 
the  brand  and  other  marks  thereon.  It  shall  be  unlawful  for  the  keeper 
of  any  slaughter-house,  or  person  engaged  in  slaughtering  cattle  for  sale 
in  this  state,  to  purchase  any  cattle  for  slaughter,  or  any  slaughtered 


1889  CRIMES  AND  PUNISHMENTS  Sec.  6645 

bovine  animal,  without  having  exhibited  to  him  the  hide  of  such  animal, 
and  examining  the  brand  and  other  marks  upon  such  hide,  and  making  and 
entering  in  a  book  kept  for  that  purpose,  and  as  hereafter  provided  in  this 
section,  a  description  of  such  brand  and  marks,  with  the  name  of  the  per- 
son from  whom  the  purchase  was  made  and  the  date  of  such  purchase. 
It  shall  be  the  duty  of  every  keeper  of  any  slaughter-house,  engaged  in  the 
business  of  slaughtering  any  bovine  animals,  to  keep  at  his  slaughter-house, 
place  of  business  or  office,  a  book,  in  which  shall  be  recorded  and  preserved 
a  description  of  the  brand  and  other  marks  upon  the  hide  of  each  slaugh- 
tered bovine  animal,  with  the  name  of  the  person  from  whom  the  animal 
was  purchased,  when  such  name  is  known  or  can  be  ascertained,  and  the 
date  of  such  purchase.  Said  book  shall  be  open  to  the  hide  inspector  or 
the  owner  of  any  cattle  during  business  hours.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  both. 

r.r.l^.    Stork  not  to  he  driven  from  range. 

SEC.  377.  No  person  shall  be  permitted  to  lead,  drive,  or  in  any  manner 
remove,  any  horse,  mare,  colt,  jack,  jenny,  mule,  or  any  head  of  neat  cattle, 
or  hog,  sheep,  goat,  or  any  number  of  these  animals,  the  same  being  the 
property  of  another  person,  from  the  range  on  which  they  are  permitted  to 
run  in  common,  without  the  consent  of  the  owner  thereof  first  had  and 
obtained;  provided,  the  owner  of  any  such  animals,  as  aforesaid,  finding 
the  same  running  on  the  herd  grounds  or  commons,  with  other  animals  of 
the  same  kind,  may  be  permitted  to  drive  his  own  animal  or  animals, 
together  with  such  other  animals  as  he  cannot  conveniently  separate  from 
his  own,  to  the  nearest  and  most  convenient  corral,  or  other  place  for  sepa- 
rating his  own  from  other  animals,  if  he,  in  such  case,  immediately,  with  all 
convenient  speed,  drive  all  such  animals,  not  belonging  to  himself,  back  to 
the  herd  ground  from  which  he  brought  such  animals.  Any  person  vio- 
lating the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction  thereof,  shall  be  punishable  by  a  fine  of  not  less  than  twenty 
nor  exceeding  five  hundred  dollars,  or  imprisonment  not  exceeding  six 
months  nor  less  than  thirty  days,  or  both. 

6648.    Conversion  of  realty  to  personalty,  grand  larceny. 

SEC.  378.  Every  person  who  shall  convert  any  manner  of  real  estate,  of 
the  value  of  fifty  dollars  or  over,  into  personal  property,  by  severing  the 
same  from  the  realty  of  another,  with  felonious  intent  to  and  shall  so 
steal,  take  and  carry  away  the  same,  shall  be  deemed  guilty  of  grand 
larceny,  and,  upon  conviction  thereof,  shall  be  punished  by  imprisonment 
in  the  state  prison  for  any  term  not  less  than  one  year  nor  more  than 
fourteen  years. 

See  State  v.  Thompson,  31  Nev.  209  (101  P.  557);  Ex  Parte  Smith,  33  Nev.— (Ill  P.  937), 
cited  in  Ex  Parte  Maher,  25  Nev.  422  (62  P.  1). 

6644.  Idem— Petit  larceny. 

SEC.  379.  Every  person  who  shall  convert  any  manner  of  real  estate, 
of  the  value  of  under  fifty  dollars,  into  personal  property,  by  severing  the 
same  from  the  realty  of  another,  with  felonious  intent  to  and  shall  so 
steal,  take  and  carry  away  the  same,  shall  be  deemed  guilty  of  petit  larceny, 
and  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a  period  of  not  more  than  six  months,  or  by  fine  not  exceed- 
ing five  hundred  dollars,  or  both. 

6645.  Negotiable  and  other  instruments  subjects  of  larceny. 

SEC.  380.    Bonds,  promissory  notes,  bank  notes,  bills  of  exchange,  or 


Sec,  6646  CRIMES  AND  PUNISHMENTS  1890 

other  bills,  orders,  drafts,  checks,  receipts  or  certificates,  or  warrants  for  or 
concerning  money,  goods,  or  property,  due,  or  to  become  due,  or  to  be 
delivered,  or  any  public  security  issued  by  the  United  States,  or  by  this 
state,  and  any  deed  or  writing  containing  a  conveyance  of  land,  or  valuable 
contract,  in  force,  or  any  release  or  defeasance,  or  any  other  instrument 
whatever,  shall  be  considered  personal  goods,  of  which  larceny  may  be 
committed,  and  the  money  due  thereon,  or  secured  thereby  and  remaining 
unsatisfied,  or  which,  in  any  event  or  contingency,  might  be  collected 
thereon,  or  the  value  of  the  property  transferred  or  affected  thereby,  as 
the  case  may  be,  shall  be  deemed  the  value  of  the  article  stolen. 

6646.  Larceny  by  lodger. 

SEC.  381.  If  any  lodger  shall  take  away,  with  intent  to  steal,  embezzle, 
or  purloin,  any  bedding,  furniture,  goods,  or  chattels,  which  he  is  to  use 
in  or  with  his  lodging,  he  shall  be  deemed  guilty  of  grand  or  petit  larceny, 
according  to  the  value  of  the  property  so  taken,  and,  on  conviction,  shall  be 
punished  accordingly. 

6647.  Dog  stealing. 

SEC.  382.  Every  person  who  shall  steal,  take,  and  carry,  lead  or  drive 
away,  any  dog,  either  of  the  male  or  female  kind,  belonging  to  another, 
shall  be  deemed  guilty  of  petit  larceny,  and,  upon  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  county  jail,  not  more  than  six  months, 
or  by  a  fine  not  exceeding  one  hundred  dollars,  or  both.  In  any  judgment 
rendered  for  a  fine  only,  the  judgment  shall  provide  that,  unless  the  same 
be  paid,  the  defendant  shall  be  imprisoned  in  the  county  jail,  at  the  rate  of 
one  day  for  every  two  dollars  of  the  fine. 

6648.  Receiving  stolen  goods. 

SEC.  383.  Every  person  who,  for  his  own  gain,  or  to  prevent  the  owner 
from  again  possessing  his  property,  shall  buy  or  receive  stolen  goods,  or 
anything  the  stealing  of  which  is  declared  to  be  larceny,  or  property 
obtained  by  robbery,  burglary,  or  embezzlement,  knowing  the  same  so  to 
have  been  obtained,  shall  upon  conviction,  be  imprisoned  in  the  state  prison 
for  a  term  not  exceeding  five  years,  or  by  a  fine  not  exceeding  one  thousand 
dollars,  or  both;  and  every  such  person  may  be  tried,  convicted,  and 
punished,  as  well  before  as  after  the  trial  of  the  principal.  No  person 
convicted  of  the  offense  specified  in  this  section  shall  be  condemned  to 
imprisonment  in  the  state  prison,  unless  the  value  of  the  thing  bought  or 
received  shall  amount  to  fifty  dollars,  but  the  same  shall  be  punished  as 
provided  in  cases  of  petit  larceny. 

The  rule  of  the  common  law  requiring  a  public  offense  is  committed  in  part  in  one 
that  an  indictment  be  found  in  the  county  county  and  in  part  in  another,  or  the  acts 
where  the  crime  was  committed  prevails  in  or  effects  thereof  constituting  or  requisite 
Nevada,  and,  while  the  crime  of  larceny  is  to  the  consummation  of  the  offense  occur 
an  exception  to  the  rule,  in  the  absence  of  in  two  or  more  counties,  the  jurisdictiou 
statute  the  venue  of  the  crime  of  receiving  shall  be  in  either  county.  Stolen  goods  were 
stolen  goods  is  in  the  county  where  they  are  purchased,  paid  for,  and  received  by  accused 
received,  and  not  in  the  county  where  they  in  E.  County,  and  were  thereafter  shipped 
are  stolen,  nor  the  one  to  which  they  are  by  him  to  C.  County.  Held,  that  C. 'County 
subsequently  taken.  There  are  three  mate-  had  no  jurisdiction  of  the  offense,  since  the 
rial  and  essential  elements  of  the  offense,  to  offense  of  receiving  stolen  goods  is  consum- 
wit:  The  person  charged  must  receive  or  mated  when  the  goods  are  received  with  the 
buy  the  property;  he  must  know  that  the  unlawful  intent  specified  in  the  statute,  and 
property  was  stolen,  and  there  must  be  a  the  subsequent  transportation  of  the  goods 
purpose  or  intent  to  prevent  the  owner  into  another  county  to  reap  the  fruits  of 
from  again  possessing  the  property,  or  to  the  crime  is  not  an  act  essential  to  the  con- 
accomplish  the  receiver's  own  gain.  The  summation  of  the  crime,  and,  if  the  effect 
wrongful  intent,  being  a  necessary  ingredient  of  the  transportation  of  the  goods  to  C. 
of  the  crime,  must  exist  at  the  time  of  the  County  constituted  the  intent  to  deprive  the 
buying  or  receiving  of  the  stolen  goods.  owner  of  the  property,  the  act  of  receiving 
Criminal  practice  act  provides  that  when  was  not  accompanied  by  the  wrongful  intent 


1891 


CRIMES  AND  PUNISHMENTS 


Sec.  6650 


ant.  appropriated  the  property  wilfully,  felon- 
iously, or  with  intent  to  steal,  as  the  offense 
is  complete  when  the  appropriation  is  made, 
though  he  intended  to  afterwards  replace 
the  property  taken.  State  v.  Trolson.  1' 1 
Nev.  411)  (,3L>  P.  9:U)). 

The  intent  with  which  an  accused  per- 
son appropriates  money  or  property  to  his 
own  use  is  a  question  of  fact  to  be  deter- 
mined from  the  evidence  in  the  particular 
case.  On  the  trial  of  an  indictment  charg- 
ing defendant  with  the  enibe/./.lement  of 
certain  money  received  by  him  as  agent  of 
an  express  company  for  transmission,  the 
fact  that  the  money  so  received  was  in  the 
safe,  constitutes  no  defense,  where  defend 
ant  was  short  in  his  accounts  with  the  com- 
pany in  an  amount  larger  than  that  alleged 
to  have  been  embe/./.led.  State  v.  Trolson, 
i'i  Ne\.  il'.t  (32  r.  !>::<». 

The  president  of  a  corporation  is  a  "per- 
son." within  the  statute  declaring  that  any 
person,  agent,  manager,  or  clerk  of  a  cor- 
poration with  whom  any  money  shall  be 
deposited  or  i  nt  rusted,  who  shall  appropriate 
it  to  his  own  use,  shall  be  guilty  of 

embezzlement,  Where  defendant,  the  presi- 
dent of  a  Corporation,  was  charged  with 
embezzlement  in  misappropriating  the  pn>- 

C Is     of     treasury     stock     sold,     it      was     the 

duty  of  the  state  to  prove  the  legal  organi- 
/ation  of  the  corporation,  the  amount  and 
character  of  its  capital  stock, that  the  money 
credited  to  defendant's  bank  account  as  the 
proceeds  of  the  stock  sold,  was  applied  in 
whole  or  in  part  to  his  own  use,  or  to  that 
of  another,  or  that  defendant,  on  demand, 
had  refused  to  repay  the  same  to  the  right- 
ful owner.  State  v.  Weber,  31  Nev.  385  (lo:; 
P.  411). 

Detention  of  person  hriii<rinir  stolen  j^oods  into  state. 
SEC.  384.  Every  person  bringing  any  goods  or  property  into  this  state, 
taken  by  himself,  or  which  he  knew  was  taken  by  another,  in  another  terri- 
tory or  state,  by  robbery,  burglary,  embezzlement,  or  larceny,  shall,  upon 
reasonable  cause  being  shown  to  a  magistrate  to  induce  him  to  believe  that 
the  accused  has  brought  such  goods  or  property  into  this  state,  taken  in 
either  of  the  ways  aforesaid  in  another  territory  or  state,  be  committed  to 
the  county  jail,  to  await  a  requisition  from  the  governor  of  the  territory  or 
state  whence  such  goods  or  property  were  brought  as  aforesaid  into  this 
state;  provided,  that  such  person  shall  not  be  detained  in  such  custody 
longer  than  a  period  of  eight  weeks. 

See  Ex  Parte  Lorraine,  16  Nev.  63. 

6650.    Property  restored  to  owner. 

SEC.  385.  All  property  obtained  by  larceny,  robbery,  burglary,  or 
embezzlement,  shall  be  restored  to  the  owner,  and  no  sale,  whether  in  good 
faith  on  the  part  of  the  purchaser,  or  not,  shall  divest  the  owner  of  his 
right  to  such  property.  Such  owner  may  maintain  his  action,  not  only 
against  the  felon,  but  against  any  person  in  whose  possession  he  may  find 
the  property. 

See  sec.  7448. 

A    motion    by    the    accused    for    an    order       recovered  by  civil  action,  and,  if  the  money 
directing    the    sheriff    to    pay    over    to    him       was  taken  from  him  at  the  time  of  hisarrest, 
money  unlawfully  detained,  as  shown  by  an       the     statute    provides     for    its     disposition. 
affidavit    in    support    of    such    motion,    was       State  v.  Burns,  27  Nev.  289  (74  P.  983). 
properly    denied,    as    such    money    could    be 


necessary  to  constitute  the  crime.  Where 
tin1  evidence,  in  a  prosecution  in  C.  County 
for  receiving  stolen  property,  merely  shows 
that  the  stolen  property  was  purchased  by 
accused  in  E.  County,  the  indictment  is 
not  sustained  by  the  proof,  and  the  judg- 
ment should  be  reversed  on  appeal.  State 
v  Pray,  30  Nev.  206  (94  P.  218). 

Money  received  by  a  clerk  who  is  intrusted 
by  his  employer  with  bills  to  collect,  in  the 
ordinary  course  of  his  business  as  a  clerk, 
is  money  intrusted  to  him  by  his  employer. 
Petitioner  was  an  assistant  of  the  agent 
of  the  Central  Pacific  Railroad  Company, 
and  had  been  held  out  to  the  public  by  the 
agent  a-  having  authority  to  collect  bills, 
and  was  enabled,  by  reason  of  the  trust 
reposed  in  him  by  the  company,  to  collect 
the  company's  money  ami  discharge  its 
debtors  from  their  obligations  to  the  com- 
pany. Held,  that  although  he  had  no  gen- 
eral authority  to  collect  all  bills  due  the  com- 
pany he  was.  under  the  circumstances, 
intrusted  bv  the  company  with  the  moiiev 
which  he  had  collected.  It  does  not  lie  in 

the    mouth     of     petitii r    to    deny    that    he 

had  the  authority  which  he  claimed  in  order 
to  collect  the  money,  and  which  the  con 
iidence  reposed  in  him  by  his  employer 
enabled  him  to  claim  with  Miccess.  A  clerk 
may  commit  more  than  one  embe/./lement  of 
his  employer's  money,  and  if  he  does  he  may 
anilely  indicted  for  each  separate 
olVense.  If  the  money  from  different  partii- 
\\as  all  collected  before  any  portion  of  it 
was  converted,  then  petitioner  committed 
but  one  offense;  but  the  burden  of  establish- 
ill""  this  fact  is  upon  petitioner.  Ex  I'arte 
Kicord.  98  A.  I).  140. 

An   indictment  need   not   allege  that   defend 


Sec.  6651  CRIMES  AND  PUNISHMENTS  1892 

6651.  Restoration  of  stolen  property— Duty  of  officers. 

SEC.  386.  The  officer  arresting  any  person  charged  as  principal  or 
accessory  in  any  robbery  or  larceny  shall  use  reasonable  diligence  to  secure 
the  property  alleged  to  have  been  stolen,  and  after  seizure  shall  be  answer- 
able therefor  while  it  remains  in  his  hands,  and  shall  annex  a  schedule 
thereof  to  his  return  of  the  warrant.  Whenever  the  district  attorney  shall 
require  such  property  for  use  as  evidence  upon  the  examination  or  trial, 
such  officer,  upon  his  demand,  shall  deliver  it  to  him  and  take  his  receipt 
therefor,  after  which  such  district  attorney  shall  be  answerable  for  the 
same. 

6652.  Commission  or  part  ownership  no  defense  for  stealing. 

SEC.  387.  It  shall  be  no  defense  to  a  prosecution  for  larceny  that  the 
accused  was  entitled  to  a  commission  out  of  the  money  or  property  appro- 
priated, as  compensation  for  collecting  or  receiving  the  same  for  or  on  behalf 
of  the  owner  thereof,  or  that  the  money  or  property  appropriated  was 
partly  the  property  of  another  and  partly  the  property  of  the  accused ;  but 
it  shall  not  be  larceny  for  any  bailee,  factor,  pledgee,  servant,  attorney, 
agent,  employee,  or  trustee,  executor,  administrator,  guardian,  officer  or 
other  person  to  retain  his  reasonable  collection  fee  or  charges. 

CHAPTER  22 

EMBEZZLEMENT  UNLAWFUL — RETENTION  OR  PAYMENT  OF 
PUBLIC  MONEY 

6653.  Embezzlement    by    bailee    or    others —       6658.  Misappropriation    and   falsification    of 

Bailee  defined.  accounts  by  public  officer. 

6654.  Embezzlement  prima  facie  evidence.  6659.  Penalty  for  neglect  or  refusal  to  pay 
6<>55.  Contractor  failing  to  pay  for  labor  or  over. 

material.  6660.  Misappropriation  by  treasurer. 

6656.  Using  public  money,  $50  or  less,  mis-       6661.  Compensation  prohibited. 

demeanor.  6662.  Employment  of  clerks  prohibited.     . 

6657.  Using  public  money,  over  $50,  a  felony. 

H653.    Embezzlement  by  bailee  or  other  person— Bailee  defined. 

SEC.  388.  Any  bailee  of  any  money,  goods  or  property,  who  shall  con- 
vert the  same  to  his  own  use,  with  the  intent  to  steal  the  same  or  to 
defraud  the  owner  or  owners  thereof  and  any  agent,  manager  or  clerk  of 
any  person,  corporation,  association  or  partnership,  or  any  person  with 
whom  any  money,  property  or  effects  shall  have  been  deposited  or 
entrusted,  who  shall  use  or  appropriate  such  money,  property  or  effects  or 
any  part  thereof  in  any  manner  or  for  any  other  purpose  than  that  for 
which  the  same  was  deposited  or  entrusted,  shall  be  guilty  of  embezzle- 
ment, and  shall  be  punished  in  the  manner  prescribed  by  law  for  the  steal- 
ing or  larceny  of  property  of  the  kind  and  name  of  the  money,  goods, 
property  or  effects  so  taken,  converted,  stolen,  used  or  appropriated.  The 
term  bailee,  as  used  in  this  section,  shall  be  construed  to  include  and  mean 
all  persons  with  whom  any  money,  goods,  or  property  has  been  deposited, 
and  all  persons  to  whom  any  goods  or  property  has  been  loaned  or  hired, 
and  all  persons  to  whom  any  goods  or  property  shall  be  delivered,  for  any 
purpose  whatsoever,  and  all  persons  who  shall,  either  as  agent,  collector, 
or  servant,  be  empowered,  authorized,  or  entrusted  to  carry,  collect,  or 
receive  any  money,  goods  or  property  of  another;  and  any  use  of  said 
money,  goods,  or  property  by  any  bailee  thereof,  other  than  that  for  which 
the  same  was  borrowed,  hired,  deposited,  carried,  received,  or  collected, 
shall  be  prima  facie  evidence  of  conversion  and  of  intent  to  steal  the  same 
and  defraud  the  owner  or  owners  thereof. 

Embezzlement  or  misapplication  of  bank  funds  or  defrauding  bank,  sec.  648. 


1893                                CRIMES  AND  PUNISHMENTS                        See,  6657 

If  a  rlerk  l.y  authority  of  his  master  col-  See  Ex  Parte  Ricord,  11  Nev.  287;   State 

..no  bill  and  fraudulently  converts  the  v.  Malim,  14  Nev.  293;  State  v.  Carrick,  16 

money,  the  offense  of  embezzlement  is  com-  Nev.  120;  State  v.  Nevin,  19  Nev.  167  (7  P. 

plete,  and  if  he  collects  another  bill  after  650,  3  A.  S.  873);  State  v.  Weber,  31  Nev. 

the  first   conversion,  and  then  fraudulently  385  (103  P.  411);  Ex  Parte  Rickey,  31  Nev. 

«,  averts    the    proceeds,    he    is    guilty    of    a  82  (135  A.  S.  651,  100  P.  134)  ;  State  v.  Trol- 

second  offense.     Ricord  v.  ('.  P.  R.  R."  Co.,  15  son.  21   Nev.  428  (32  P.  930). 
\.-v.  167. 


r»r>5-l-.    Embezzlement,  prima  facie 

SEC.  389.  If  any  clerk,  apprentice,  servant,  or  any  other  person  what- 
soever, whether  bound  or  hired,  to  whom  any  money  or  goods,  or  chattels, 
or  other  property,  shall  be  intrusted  for  any  purpose  whatsoever,  by  his 
or  her  master,  employer,  or  any  other  person  or  persons,  corporation  or 
corporations,  by  whom  he  or  she  may  be  intrusted,  shall  withdraw  himself 
or  herself  and  shall  go  away  with  the  said  money,  goods,  chattels,  or  prop- 
erty, or  any  part  thereof,  with  the  intent  to  steal  the  same,  and  defraud  his 
or  her  master,  employer,  or  any  other  person  or  persons,  corporation  or 
corporations,  of  the  same,  or  being  in  the  service  of  his  or  her  said  master, 
or  employer,  corporation  or  corporations,  or  any  other  person  or  firm, 
shall  embezzle  the  said  money,  goods,  chattels,  or  property,  or  any  part 
thereof,  or  shall  otherwise  convert  the  same  to  his  or  her  own  use,  it  shall 
be  prima  facie  evidence  of  the  intent  to  steal  the  same,  and  every  such  per- 
son or  persons  so  offending  shall  be  punished  in  the  manner  prescribed  by 
law  for  feloniously  stealing  property  of  the  value  of  the  articles  so  taken, 
embezzled,  stolen,  or  converted. 
notes  t<>  sec.  «;i  )."»:;. 

6655.  Contractor  failing  to  pa\  lor  labor  or  material. 

SEC.  390.  Every  person  having  entered  into  a  contract  to  supply  any 
labor  or  materials  for  the  value  or  price  of  which  any  lien  might  lawfully 
be  filed  upon  the  property  of  another,  who  shall  receive  the  full  price  or 
consideration  thereof,  or  the  amount  of  any  account  stated  thereon,  or  part 
payment  thereon,  shall  be  deemed  to  receive  the  same  as  the  agent  of  the 
party  with  whom  such  contract  was  made,  his  successor  or  assign,  for  the 
purpose  of  paying  all  claims  for  labor  and  materials  supplied,  in  so  far  as 
the  money  so  received  will  pay  such  claims. 

6656.  I'shur  public  money.  850  or  less,  misdemeanor. 

SEC.  391.  Every  public  officer  or  other  person  who  shall  have  in  his 
possession,  control  or  custody  any  public  money  belonging  to  this  state,  or 
to  any  county,  town,  city,  district,  or  municipal  corporation  within  this 
state,  or  to  whom  any  such  public  money  shall  be  intrusted  for  safe  keep- 
ing, or  for  transmission  to  any  treasurer,  other  officer  or  person  entitled  to 
receive  the  same,  who  shall  use  any  of  such  public  money  for  his  own 
private  purposes,  or  for  any  purpose  other  than  one  duly  authorized  by 
law,  shall,  if  the  amount  so  unlawfully  used  be  fifty  dollars  or  less,  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  less  than  one  hundred  dollars,  and  not  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  one 
month  nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

See  State  v.  Nevin,  19  Nev.  167  (7  P.  650,  3  A.  S.  873). 

6657.  Vsinjr  public  money,  over  $50,  a  felony. 

SEC.  392.  Every  public  officer  or  other  person  who  shall  have  in  his 
possession,  control,  or  custody  any  public  money  belonging  to  this  state, 
or  to  any  county,  town,  city,  district,  or  municipal  corporation  within  this 
state,  or  to  whom  any  such  public  money  shall  be  intrusted  for  safe  keep- 
ing or  for  transmission  to  any  treasurer  or  other  officer,  or  other  person 
entitled  to  receive  the  same,  who  shall  use  any  of  such  public  money  for 


Sec.  8658  CRIMES  AND  PUNISHMENTS  1894 

his  own  private  purposes,  or  for  any  purpose  other  than  one  duly  author- 
ized by  law,  shall,  if  the  amount  unlawfully  used  be  more  than  fifty 
dollars,  be  deemed  guilty  of  a  felony,  and,  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  state  prison  for  a  term  not  less  than  one 
year  or  more  than  fifteen  years. 

6658.  Misappropriation  and  falsification  of  accounts  by  public  officer. 
SEC.  393.    Every  public  officer,  and  every  other  person  receiving  money 

on  behalf  or  for  or  on  account  of  this  state  or  of  any  department  of  the 
state  government  or  of  any  bureau  or  fund  created  by  law  in  which  the 
state  is  directly  or  indirectly  interested,  or  for  or  on  account  of  any  county, 
city,  town,  municipal  corporation,  or  any  school  or  district,  who— 

1.  Shall  knowingly  keep  any  false  account,  or  make  any  false  entry  or 
erasure  in  any  account,  of  or  relating  to  any  money  so  received  by  him ;  or, 

2.  Shall  fraudulently  alter,  falsify,  conceal,  destroy  or  obliterate  any 
such  account ;  or, 

3.  Shall  wilfully  omit  or  refuse  to  pay  over  to  the  state,  its  officer  or 
agent  authorized  by  law  to  receive  the  same,  or  to  such  county,  city,  town 
or  such  school,  municipal  corporation,  or  district  or  to  the  proper  officer 
or  authority  empowered  to  demand  and  receive  the  same,  any  money 
received  by  him  as  such  officer  when  it  is  a  duty  imposed  upon  him  by  law 
to  pay  over  and  account  for  the  same,  shall  be  punished  by  imprisonment 
in  the  state  prison  for  not  more  than  fifteen  years. 

6659.  Penalty  for  neglect  or  refusal  to  pay  over. 

SEC.  394.  If  any  clerk,  justice  of  the  peace,  sheriff,  constable,  or  other 
officer,  who  may  receive  any  fine  or  forfeiture,  shall  refuse  or  neglect  to  pay 
over  the  same  according  to  law,  and  within  thirty  days  after  the  receipt 
thereof,  he  shall,  in  addition  to  being  imprisoned  and  punished  as  provided 
by  law,  be  liable  upon  his  official  bond  for  the  amount  thereof,  with  fifty 
per  cent  damages  and  interest,  to  be  recovered  in  like  manner  as  for  failing 
to  pay  over  money  received  on  execution. 

6660.  Misappropriation  by  treasurer. 

SEC.  395.  Every  state,  county,  city  or  town  treasurer  who  shall  wilfully 
misappropriate  any  moneys,  funds  or  securities  received  by  or  deposited 
with  him  as  such  treasurer,  or  who  shall  be  guilty  of  any  other  malfeasance 
or  wilful  neglect  of  duty  in  his  office,  shall  be  punished  by  imprisonment  in 
the  state  prison  for  not  more  than  fifteen  years  or  by  a  fine  of  not  more 
than  ten  thousand  dollars,  and  not  more  than  twice  the  amount  misappro- 
priated. 

6661.  Compensation  prohibited. 

SEC.  396.  No  money  shall  be  paid  out  of  the  state  treasury  in  payment 
of  the  salary  or  compensation  of  the  clerk  or  secretary  of  any  commission 
connected  with  the  state  government,  or  for  any  clerical  work  done,  per- 
formed, or  rendered  to  such  commission  except  in  pursuance  of  a  direct 
and  explicit  appropriation  by  law  to  pay  for  such  service;  and  the  state 
controller  is  hereby  prohibited  from  drawing  his  warrant  in  payment  of 
such  salary  or  compensation  unless  authorized  by  a  law  making  an  explicit 
appropriation  for  that  purpose. 

6662.  Employment  of  clerks  prohibited. 

SEC.  397.  Any  state  officer  employing  or  paying  any  person  or  persons 
out  of  any  state  money  for  any  such  service  or  labor,  as  set  forth  in  the 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  be  fined  in  the  sum  of  five  hundred  dollars,  or  imprisonment  in  the 


1895                               CRIMES  AND  PUNISHMENTS                        See. 

county  jail  for  a  period  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

CHAPTER  23 
FORGERY   AND  COUNTERFEITING 

r.r.n:;.   What  acts  considered  forgery.  <!i>77.  Counterfeiting  coin. 

r><)i)4.  Other  acts  constitute  forgery.  <><>78.  Intent  to  pass  the  same. 

tini;.".    Fictitious  papers.  <)<i70.  Possession  of  counterfeit  coin. 

f><i»ii>.    Falsely  indicating  person  as  corporate  liiiso.    Advertising  counterfeit  money. 

officer.  iln'sl.   Counterfeit  die  or  plate. 

<iii(>7.   Uttering     forged     instruments,     coins,  Uds-j.    Possessing  or  receiving  forged  instru- 

forgery.  ments  or  bills. 

6668.  True    writing    signed    by    wrongdoer's  <?»,s:;.    Not    necessary  to  prove  incorporation. 

name    or    name    of    person    not     in  <>i;s4.    Kxperts. 

existence.  ^:>.  Counterfeiting  seal. 

False  certificate  to  certain  instruments  <i(>X<;.  Counterfeiting  gold  dust,  bars  or  other 

punished  as  forgery.  articles  —  Making      or      possessing 

»;<'>7n.    Misconduct    in   signing  or   tiling  a   pet  i  inst  runient  s. 

tion.  oV,s7.    possessing  or  receiving  same. 

ii(i71.    I>estroying  deeds  or  other  writings.  lii'.ss.    Issuing  paper  money. 

i;i;7-J.   Drawing    check    when    no    deposit    or  hv>s«».  Counterfeiting  stamps  and  labels. 

•  •redit-    Penalty.  I'.tliio.   <  ioods  contain  ing  forged  stamps. 

ii(i7.'!.    1  >etinit  ions.  <><i!»l.    Count  erfeiti  ng  tradema  rk  or  design. 

iiii7l.    Defacing   proclamations  and  notices.  ()()}*!'.    Displaying  goods  \\  it  h    false  tradema  rk. 

Location   not  ice.  antedat  ing,  felony.  iliiit.",.    Fraudulent    regist.rat  ion    of    trademark. 

KVinoving   landmarks.  ('•<;!»}.    Form  and  similitude  defined. 


r><;r»;{.    What  acts  nmsidcrnl  l 

SEC.  398.  Every  person  who  shall  falsely  make,  alter,  forge,  or  counter- 
feit any  record,  or  other  authentic  matter  of  a  public  nature,  or  any  char- 
ter, letters  patent,  deed,  lease,  indenture,  writing  obligatory,  will,  testa- 
ment, codicil,  annuity,  bond,  covenant,  bank  bill  or  note,  post  note,  check, 
draft,  bill  of  exchange,  contract,  promissory  note,  due  bill  for  the  payment 
of  money  or  property,  receipt  for  money  or  property,  power  of  attorney, 
any  auditor's  warrant  for  the  payment  of  the  money  at  the  treasury, 
county  order  or  warrant,  or  request  forxthe  payment  of  money,  or  the 
delivery  of  goods  or  chattels  of  any  kind,  or  for  the  delivery  of  any  instru- 
ment of  writing,  or  acquittance,  release,  or  receipt  for  money  or  goods,  or 
any  acquittance,  release,  or  discharge  for  any  debt,  account,  suit,  action, 
demand,  or  other  thing,  real  or  personal,  or  any  transfer  or  assurance  of 
money,  stock,  goods,  chattels,  or  other  property  whatever,  or  any  letter  of 
attorney,  or  other  power  to  receive  money,  or  to  receive  or  transfer  stock  or 
annuities,  or  to  let,  lease,  dispose  of,  alien,  or  convey  any  goods  or  chattels, 
lands  or  tenements,  or  other  estate,  real  or  personal,  or  any  acceptance  or 
indorsement  of  any  bill  of  exchange,  promissory  note,  draft,  order,  or 
assignment  of  any  bond,  writing  obligatory,  or  promissory  note,  for  money 
or  other  property,  or  any  order,  writ  or  process  lawfully  issued  by  any 
court  or  public  officer,  or  any  document  or  paper  recorded  or  filed  in  any 
court  or  with  any  public  officer,  or  in  the  senate  or  assembly,  or  shall 
counterfeit  or  forge  the  seal  or  handwriting  of  another,  with  intent  to 
damage  or  defraud  any  person  or  persons,  body  politic  or  corporate, 
whether  the  said  person  or  persons,  body  politic  or  corporate  reside  in  or 
belong  to  this  state  or  not,  or  shall  utter,  publish,  pass,  or  attempt  to  pass, 
as  true  and  genuine,  any  of  the  above-named  false,  altered,  forged,  or 
counterfeited  matters,  as  above  specified  and  described,  knowing  the 
same  to  be  false,  altered,  forged,  or  counterfeited  with  intent  to  prej- 
udice, damage  or  defraud  any  person  or  persons,  body  politic  or  cor- 
porate, whether  the  said  person  or  persons,  body  politic  or  corporate, 
reside  in  this  state  or  not;  shall  be  deemed  guilty  of  forgery,  and  upon 


See.  6664 


CRIMES  AND  PUNISHMENTS 


1896 


conviction  thereof,  shall  be  punished  by  imprisonment  in  the  state  prison 
for  a  term  not  less  than  one  year  nor  more  than  fourteen  years. 

Forging  or  counterfeiting  returns,  or  substituting  false  for  original  returns,  sec.  1828. 


In  a  prosecution  for  forging  a  check 
drawn  in  favor  of  "Sapphire  Mill  or  bearer": 
Held,  that  an  objection  that  the  check  pre- 
sented no  sensible  payee  was  invalid,  for 
the  reason  that  the  check  being  payable  to 
bearer  was  sufficient.  In  a  prosecution  for 
forging  a  check  drawn  on  the  "Agency  of 
the  Bank  of  California,"  where  it  was  both 
alleged  and  proved  that  the  bank  was  a 
corporation  under  the  laws  of  Calif oruia, 
and  that  it  had  an  agency  in  Virginia  City, 
whose  business  it  was  to  receive  deposits 
and  pay  out  money  on  the  checks  of  deposit- 
ors:. Held,  than  an  objection  that  the 
check  presented  no  sensible  drawee  was 
invalid.  In  a  prosecution  for  forging  a 
check  upon  an  "Agency  of  the  Bank  of 
California":  Held,  that  the  facts  of  the 
existence  of  the  corporation  and  of  the 
agency  might  be  made  by  oral  testimony, 
and  that  the  production  of  the  certificate  of 
incorporation  was  unnecessary.  An  instruc- 
tion in  a  forgery  case,  that  "when  an  offense 
involves  the  commission,  or  an  attempt  to 
commit  private  injury,  and  is  described  with 
sufficient  certainty  in  other  respects  to  iden- 
tify the  act,  an  erroneous  allegation-  as  to 
the  person  injured,  or  intended  to  be  injured, 
shall  not  be  deemed  material":  Held, 
to  be  simply  a  recital  of  the  statutory  pro- 
visions upon  the  subject,  and  proper  under 
circumstances  calling  for  an  instruction  upon 
the  point.  Where  an  indictment  for  forgery 
of  a  check  on  a  bank  alleged  an  intent  to 
defraud  the  drawer:  Held,  that,  though  in 
one  sense  such  drawer  could  not  be 
defrauded,  as  he  could  not  be  held  to'  pay 
forged  paper,  yet,  as  he  might  have  paid, 
had  the  forgery  not  been  discovered,  and  as 
the  forger  could  not  have  intended  a  dis- 
covery, there  was  an  existent  possibility  of 
fraud  upon  him,  and  that  was  sufficient.  In 
cases  of  forgery 'there  are  generally  two  per- 
sons who  legally  may  be  defrauded — the  one 
whose  name  is  forged  and  the  one  to  whom 

6664.    Other  acts  constitute  forgery. 
SEC.  399.    Every  person  who,  with  intent  to  injure  or  defraud  shall— 

1.  Make  any  false  entry  in  any  public  record  or  account;  or, 

2.  Fail  to  make  a  true  entry  of  any  material  matter  in  any  public  record 
or  account;  or, 

3.  Forge  any  letter  or  written  communication  or  copy  or  purported  copy 
thereof,  or  send  or  deliver,  or  connive  at  the  sending  or  delivery  of  any 
false  or  fictitious  telegraph  message  or  copy  or  purported  copy  thereof, 
whereby  or  wherein  the  sentiments,  opinions,  conduct,  character,  purpose, 
property,  interests  or  rights  of  any  person  shall  be  misrepresented  or  may 
be  injuriously  affected,  or  knowing  any  such  letter,  communication  or  mes- 
sage or  any  copy  or  purported  copy  thereof  to  be  false,  shall  utter  or  pub- 
lish the  same  or  any  copy  or  purported  copy  thereof  as  true ; 

Shall  be  guilty  of  forgery  and  be  punished  as  provided  in  the  preceding 
section. 

See  note  to  sec.  6663. 


the  forged  instrument  is  to  be  passed,  and 
the  indictment  may  lay  the  intent  to  defraud 
either  of  them;  and  proof  of  an  intent 
to  defraud  either  and  to  pass  the  instrument 
as  good,  though  there  be  shown  no  actual 
intent  to  defraud  the  particular  person,  will 
sustain  the  allegation.  State  v.  Cleavland, 
6  Nev.  181. 

An  indictment  for  forgery  is  sufficient,  if 
the  offense  is  substantially  set  forth,  though 
not  in  the  precise  words  of  a  statute.  The 
word  "falsely"  is  not  essential  to  the 
validity  of  the  indictment.  The  word 
"forged,"  as  used  in  the  indictment,  neces- 
sarily implies  that  the  writing  was  falsely 
made.  These  words,  "wilfully,  unlawfully, 
and  feloniously,"  though  not  words  of  the 
same  import,  have  a  broader  and  more  exten- 
sive significance  than  the  word  "falsely," 
and  are  more  than  its  equivalent.  When  the 
indictment  charges  the  forgery  to  have  been 
committed  by  forging  the  signature  of  a  per- 
son on  the  back  of  a  draft,  with  intent  to 
defraud  such  person:  Held,  unnecessary  to 
allege  that  the  bank  upon  which  the  draft 
was  drawn  was  incorporated.  State  v. 
McKiernan,  17  Nev.  224  (30  P.  831). 

In  view  of  the  statute  providing  that  the 
offense  charged  shall  be  distinctly  set  forth 
in  ordinary  and  concise  language,  so  as  to 
enable  a  person  of  common  understanding 
to  know  what  is  intended,  and  the  general 
rule  that  an  indictment  charging  an  offense 
in  the  words  of  the  statute  is  sufficient,  an 
indictment  for  forgery  providing  that  every 
person  who  shall  attempt  to  pass,  utter,  or 
publish,  with  intent  to  defraud,  any  ficti- 
tious note,  bill,  or  check,  shall  be  deemed 
guilty  of  forgery,  sufficiently  charged  the 
offense  by  the  averment  that  defendant  did 
"attempt  to  pass  a  fictitious  check,"  particu- 
larly when  the  sufficiency  of  the  indictment 
was  not  raised  until  after  verdict.  State  v. 
Raymond,  34  Nev.—  (117  P.  17). 


1897  CRIMES  AND  PUNISHMENTS  Sec.  6670 

6665.  Fictitious  papers. 

SEC.  400.  Every  person  who  shall  make,  pass,  utter,  or  publish,  with 
an  intention  to  defraud  any  other  person  or  persons,  body  politic  or  cor- 
porate, either  in  this  state  or  elsewhere,  or  with  the  like  intention  shall 
attempt  to  pass,  utter,  or  publish,  or  shall  have  in  his  possession,  with  like 
intent  to  utter,  pass,  or  publish,  any  fictitious  bill,  note,  or  check  purporting 
to  be  the  bill,  note,  or  check,  or  other  instrument  in  writing,  for  the  pay- 
ment of  money  or  property  of  some  bank,  corporation,  copartnership,  or 
individual,  when  in  fact,  there  shall  be  no  such  bank,  corporation,  copart- 
nership, or  individual  in  existence,  the  said  person  knowing  the  said  bill, 
note,  check,  or  instrument  in  writing  for  the  payment  of  money  or  property 
to  be  fictitious,  shall  be  deemed  guilty  of  forgery,  and  on  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  not  less 
than  one  nor  more  than  fourteen  years. 
note  to  sec.  (>»;r>:;. 

6666.  Falsely  indicating  person  as  corporate  officer. 

SEC.  401.  The  false  making  or  forging  of  an  instrument  or  writing  pur- 
porting to  have  been  issued  by  or  in  behalf  of  a  corporation  or  association, 
state  or  government  and  bearing  the  pretended  signature  of  any  person 
therein  falsely  indicated  as  an  agent  or  officer  of  such  corporation,  associa- 
tion, state  or  government,  is  forgery  the  same  as  if  that  person  were  in 
truth  such  officer  or  agent  of  such  corporation,  association,  state  or 
government. 

False  statements  relative  to  corporations,  sec.  1174. 

False  entry  !>y  ojlicer  or  refusal  to  furnish  inspection  or  copy,  sees.  117(i,  12.T). 
Corporate' officer    receiving    or    possessing    property   unlawfully,    keeping    false    records, 
destroying  records,  sees.   1177,   117S. 

6667.  lettering  forged  instruments,  coins,  forgery. 

SEC.  402.  Every  person  who,  knowing  the  same  to  be  forged  or  altered, 
and  with  intent  to  defraud,  shall  utter,  offer,  dispose  of  or  put  off  as  true, 
or  have  in  his  possession  with  intent  so  to  utter,  offer,  dispose  of  or  put  off 
any  forged  writing,  instrument  or  other  thing,  the  false  making,  forging 
or  altering  of  which  is  punishable  as  forgery,  shall  be  guilty  of  forgery  the 
same  as  if  he  had  forged  the  same. 

6668.  True  writing  signed  by  wrong-doer's  name  or  name  of  person  not 

in  existence. 

SEC.  403.  Whenever  the  false  making  or  uttering  of  any  instrument  or 
writing  is  forgery,  every  person  who,  with  intent  to  defraud  shall  offer, 
dispose  of  or  put  off  such  an  instrument  or  writing  subscribed  or  endorsed 
in  his  own  name  or  that  of  any  other  person,  whether  such  signature  be 
genuine  or  fictitious,  under  the  pretense  that  such  subscription  or  endorse- 
ment is  the  act  of  another  person  of  the  same  name,  or  that  of  a  person 
not  in  existence,  shall  be  deemed  guilty  of  forgery  and  be  punished 
accordingly. 

6669.  False  certificate  to  certain  instruments  punishable  as  forgery. 
SEC.  404.     Every  officer  authorized  to  take  a  proof  or  acknowledgment 

of  an  instrument  which  by  law  may  be  recorded,  who  shall  wilfully  certify 
falsely  that  the  execution  of  such  instrument  was  acknowledged  by  any 
party  thereto,  or  that  the  execution  thereof  was  proved,  shall  be  guilty  of  a 
felony,  and  be  punished  the  same  as  persons  who  are  guilty  of  forgery. 

6670.  Misconduct  in  signing  or  filing  a  petition. 

SEC.  405.  Every  person  who  shall  wilfully  sign  the  name  of  another  per- 
son or  of  a  fictitious  person  to,  or  for  any  consideration,  gratuity  or  reward 
shall  sign  his  own  name  to  or  withdraw  his  name  from  any  referendum  or 


Sec.  6671  CRIMES  AND  PUNISHMENTS  1898 

other  petition  circulated  in  pursuance  of  any  law  of  this  state  or  any 
municipal  ordinance ;  or  in  signing  his  name  to  such  petition  shall  wilfully 
subscribe  to  any  false  statement  concerning  his  age,  citizenship,  residence 
or  other  qualifications  to  sign  the  same ;  or  knowing  that  any  such  petition 
contains  any  such  false  or  wrongful  signature  or  statement,  shall  file  the 
same,  or  put  the  same  off  with  intent  that  it  should  be  filed,  as  a  true  and 
genuine  petition,  shall  be  guilty  of  a  misdemeanor. 

6671.  Destroying  deeds  or  other  writings. 

SEC.  406.  Every  person  who  shall  fraudulently  or  maliciously  tear, 
burn,  efface,  cut,  or  in  any  other  way  destroy  any  deed,  lease,  bond,  will, 
or  any  other  writing  sealed,  or  any  bank  bill  or  note,  check,  warrant,  or 
certificate,  for  the  payment  of  money  or  other  thing,  or  other  security  for 
the  payment  of  money  or  the  delivery  of  goods,  or  any  certificate  or  other 
public  security  of  this  state,  or  of  the  United  States,  or  of  any  state  or  terri- 
tory, for  the  payment  of  money,  or  any  receipt,  acquittance,  release,  defeas- 
ance, discharge  of  any  debt,  suit,  or  other  demand,  or  any  transfer  or 
assurance  of  money,  stock,  goods,  chattels,  or  other  property,  or  any  letter 
of  attorney  or  other  power,  or  any  day-book  or  other  book  of  account,  or 
any  agreement  or  contract  whatsoever,  with  intent  to  defraud,  prejudice, 
or  injure  any  person  or  body  corporate,  shall,  upon  conviction  thereof,  be 
punished  by  imprisonment  in  the  state  prison  for  a  term  not  less  than  one 
year  nor  more  than  ten  years. 

6672.  Drawing  cheeks  when  no  deposit  or  credit— Penalty. 

SEC.  407.  Every  person  who  shall  make,  pass,  utter  or  publish,  with 
the  intention  to  defraud  any  other  person  or  persons,  firm,  corporation  or 
body  politic,  any  bill,  note,  check  or  other  instrument  in  writing  for  the 
payment  of  money  or  the  delivery  of  other  valuable  property,  directed  to, 
or  drawn  upon,  any  real  or  fictitious  person,  bank,  firm,  partnership,  or 
corporation,  when,  in  fact,  such  person  shall  have  no  money,  property  or 
credit,  or  shall  have  insufficient  money,  property,  or  credit  with  the  drawee 
of  such  instrument  to  meet  and  make  payment  of  the  same,  shall  be 
deemed  guilty  of  a  felony,  and,  upon  conviction  thereof,  shall  be  imprisoned 
in  the  state  prison  for  not  less  than  one  nor  more  than  ten  years. 

6678.    Definitions. 

SEC.  408.  Within  the  provisions  of  this  chapter  relating  to  forgery  or 
other  offenses,  a  "written  instrument,"  or  a  "writing,"  or  a  "paper,"  shall 
include  an  instrument  partly  written  and  partly  printed  or  wholly  printed 
with  a  written  signature  thereto,  or  any  signature  or  writing  purporting 
to  be  a  signature  of  or  intended  to  bind  an  individual,  partnership,  corpora- 
tion or  association  or  an  officer  thereof. 

The  words  "forge,"  "forgery,"  "forged,"  and  "forging,"  shall  include 
false  making,  "counterfeiting"  and  the  alteration,  erasure  or  obliteration 
of  a  genuine  instrument  in  whole  or  in  part,  the  false  making  or  counter- 
feiting of  the  signature  of  a  party  or  witness,  real  or  fictitious,  and  the 
placing  or  connecting  together  with  intent  to  defraud,  of  different  parts  or 
the  whole  of  several  genuine  instruments. 

A  plate  is  in  the  "form  and  similitude,"  of  the  genuine  instrument 
forged,  if  the  finished  parts  of  the  engraving  thereupon  shall  resemble  or 
conform  to  the  similar  parts  of  the  genuine  instrument. 

6674.    Defacing  proclamations  and  notices. 

SEC.  409.  If  any  person  shall  intentionally  deface,  obliterate,  tear  down, 
or  destroy,  in  whole  or  in  part,  any  copy  or  transcript,  or  extract  from  or 
of  any  law  of  the  United  States,  or  of  this  state,  or  any  proclamation, 
advertisement,  or  notification,  set  up  at  any  place  in  this  state,  by  author- 


1899  CRIMES  AND  PUNISHMENTS  Sec.  6679 

ity  of  any  law  of  the  United  States,  or  of  this  state,  or  by  order  of  any 
court,  such  person,  on  conviction,  shall  be  fined  not  more  than  one  hundred 
dollars,  nor  less  than  twenty  dollars,  or  be  imprisoned  in  the  county  jail 
not  more  than  one  month ;  provided,  that  this  section  shall  not  extend  to 
defacing,  tearing  down,  obliterating,  or  destroying  any  law,  proclamation, 
publication,  notification,  advertisement,  or  order,  after  the  time  for  which 
the  same  was  by  law  to  remain  set  up  shall  have  expired. 

r»r>75.     Location  notice,  antedating,  felony. 

SEC.  410.  Every  person  who  shall  wilfully  antedate  or  put  any  false 
date,  or  date  other  than  the  one  on  which  the  location  is  made  upon  any 
notice  of  location  of  any  mining  claim  in  this  state  shall  be  deemed  guilty  of 
a  felony  and,  upon  conviction  therefor,  shall  be  imprisoned  in  the  state 
prison  for  not  less  than  three  nor  more  than  ten  years. 

Form  of  location  notice,  sec.  L'lL'-J. 

6676.  IiYmovinu'  landmarks. 

SEC.  411.  Every  person  who  shall  wilfully  or  maliciously  remove  any 
monument  of  stone,  wood,  or  other  durable  material,  erected  for  the  pur- 
pose of  designating  the  corner,  or  any  other  point,  in  the  boundary  of  any 
lot  or  tract  of  land,  or  any  post  or  stake  fixed  or  driven  in  the  ground, 
for  the  purpose  of  designating  a  point  in  the  boundary  of  any  lot  or  tract 
of  land,  or  alter  the  marks  upon  any  tree,  post  or  other  monument,  made 
for  the  purpose  of  designating  any  point,  course  or  line,  in  the  boundary  of 
any  lot  or  tract  of  land,  or  shall  cut  down  or  remove  any  tree  upon  which 
any  such  marks  shall  be  made  for  such  purpose,  with  the  intent  to  destroy 
such  marks,  shall,  upon  conviction,  be  adjudged  guilty  of  a  misdemeanor, 
and  punished  by  fine  not  less  than  one  hundred  nor  more  than  two  thou- 
sand dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  one  month 
nor  more  than  one  year. 

6677.  Counterfeiting  coin. 

SEC.  412.  Every  person  who  shall  counterfeit  any  of  the  species  of  gold 
or  silver  coin  or  paper  money  now  current  or  that  shall  hereafter  be  cur- 
rent in  this  state,  or  shall  pass  or  give  in  payment  such  counterfeit  coin  or 
paper  money,  or  permit,  cause,  or  procure  the  same  to  be  uttered  or  passed, 
with  intention  to  defraud  any  person,  body  politic,  or  corporation,  knowing 
the  same  to  be  counterfeited,  shall  be  deemed  guilty  of  counterfeiting,  and, 
upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  year  nor  more  than  fourteen  years,  or 
by  a  fine  of  not  more  than  five  thousand  dollars,  or  both. 

6678.  Intent  to  pass  the  same. 

SEC.  413.  Every  person  who  shall  have  in  his  possession,  or  receive  for 
any  other  person,  any  counterfeit  gold  or  silver  coin  or  coins  or  paper 
money,  of  the  species  now  current,  or  hereafter  to  be  current  in  this  state, 
with  intention  to  utter  or  pass  the  same,  or  permit,  cause,  or  procure  the 
same  to  be  uttered  or  passed,  with  intention  to  defraud  any  person  or  per- 
sons, body  politic  or  corporate,  knowing  the  same  to  be  counterfeit,  and 
being  thereof  duly  convicted,  shall  be  punished  by  imprisonment  in  the 
state  prison  for  a  term  not  less  than  one  nor  more  than  fourteen  years,  or 
by  a  fine  of  not  more  than  five  thousand  dollars,  or  both. 

6679.  Possession  of  counterfeit  coin. 

SEC.  414.  Every  person  who  shall  have  in  his  possession  a  counterfeit 
of  any  gold  or  silver  coin,  whether  of  the  United  States  or  any  foreign 
country  or  government,  knowing  the  same  to  be  counterfeit,  with  intent 
to  sell,  utter,  use,  circulate  or  export  the  same  as  true  or  as  false,  or  to 
cause  the  same  to  be  so  uttered  or  used,  shall  be  punished  by  imprisonment 


Sec.  6680  CRIMES  AND  PUNISHMENTS  1900 

in  the  state  prison  for  not  more  than  fourteen  years,  or  by  a  fine  of  not 
more  than  five  thousand  dollars,  or  both. 

6680.  Advertising  counterfeit  money. 

SEC.  415.  Every  person  who,  with  intent  to  defraud,  shall  print,  cir- 
culate or  distribute  a  letter,  circular,  card,  pamphlet,  hand  bill,  or  any 
other  written  or  printed  matter  offering  or  purporting  to  offer  for  sale, 
exchange  or  as  a  gift,  counterfeit  coin  or  paper  money,  or  giving  or  pur- 
porting to  give  information  where  counterfeit  coin  or  paper  money  can  be 
procured,  shall  be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  five  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars, 
or  by  both. 

6681.  Counterfeit  die  or  plate. 

SEC.  416.  Every  person  who  shall  make,  or  knowingly  have  in  his  pos- 
session, any  die  or  dies,  plate  or  plates,  or  any  apparatus,  paper,  metal, 
machine,  or  other  thing  whatever  made  use  of  in  counterfeiting  the  coin 
now  made  current  or  hereafter  to  be  made  current  in  this  state,  or  in 
counterfeiting  bank  notes  or  bills,  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  for  a  term  not  less  than  one  nor 
more  than  fourteen  years,  and  all  such  dies,  plates,  apparatus,  paper,  metal, 
or  machine  intended  for  the  purpose  aforesaid  shall  be  destroyed. 

6682.  Possessing  or  receiving1  forged  instruments  or  bills. 

SEC.  417.  Every  person  who  shall  have  in  his  possession,  or  shall 
receive  from  any  other  person,  any  forged  promissory  note  or  notes,  or  bank 
bills,  or  bills  for  the  payment  of  money  or  property,  with  intention  to  pass 
the  same,  or  to  permit,  cause,  or  procure  the  same  to  be  uttered  or  passed, 
with  intention  to  defraud  any  person  or  persons,  body  politic  or  corporate, 
whether  such  person  or  persons,  body  politic  or  corporate,  reside  in  or 
belong  to  this  state  or  not,  knowing  the  same  to  be  forged  or  counterfeited, 
or  shall  have  or  keep  in  his  possession  any  blank  or  unfinished  note  or  bank 
bill,  made  in  the  form  or  similitude  of  any  promissory  note  or  bill  for  pay- 
ment of  money  or  property,  made  to  be  issued  by  any  incorporated  bank  or 
banking  company,  with  intention  to  fill  up  and  complete  such  blank  and 
unfinished  note  or  bill,  or  to  permit,  or  cause,  or  procure  the  same  to  be 
filled  up  and  completed  in  order  to  utter  or  pass  the  same,  or  to  permit,  or 
cause,  or  procure  the  same  to  be  uttered  and  passed  to  defraud  any  person 
or  persons,  body  politic  or  corporate,  whether  in  this  state  or  elsewhere, 
shall,  on  conviction  thereof,  'be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  nor  more  than  fourteen  years. 

6683.  Not  necessary  to  prove  incorporation. 

SEC.  418.  On  the  trial  of  any  person  for  forging  any  bill  or  note  pur- 
porting to  be  the  bill  or  note  of  some  incorporated  company  or  bank,  or  for 
passing  or  attempting  to  pass,  or  having  in  possession  with  intent  to  pass, 
any  such  forged  bill  or  note,  it  shall  not  be  necessary  to  prove  the  incor- 
poration of  such  bank  or  company  by  the  charter  or  act  of  incorporation, 
but  the  same  may  be  proved  by  general  reputation. 

See  sees.  7175,  7176. 

6684.  Experts. 

SEC.  419.  Persons  of  skill  shall  be  competent  witnesses  to  prove  that 
such  bill  or  note  is  forged  or  counterfeited. 

6685.  Counterfeiting  seal. 

SEC.  420.  Every  person  who  shall  fraudulently  forge  or  counterfeit  the 
seal  of  this  state,  or  the  seal  of  any  court  or  public  officer  by  law  entitled 
to  have  and  use  a  seal,  or  seal  of  any  corporation,  and  shall  make  use  of  the 


1901  CRIMES  AND  PUNISHMENTS  Sec.  6(>89 

same,  or  shall  forge  or  counterfeit  the  signature  of  any  public  officer,  or 
seal  of  any  corporation,  or  shall  unlawfully  and  corruptly,  and  with  evil 
intent,  affix  any  of  the  said  true  seals  to  any  commission,  deed,  warrant, 
pardon,  certificate,  or  other  writing  or  who  shall  have  in  his  possession  or 
custody  any  such  counterfeit  seal,  and  shall  wilfully  conceal  the  same, 
knowing  it  to  be  falsely  made  and  counterfeited,  and  shall  thereof  be  con- 
victed, shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  not 
less  than  one  nor  more  than  fourteen  years. 


ttf)8H.    Counterfeiting  gold  dust,  bars  or  other  articles—  Making  or  pos- 

sessing1 instruments. 

SEC.  421.  If  any  person  shall  counterfeit  any  kind  or  species  of  gold 
dust,  silver,  gold  bullion  or  bars,  lumps,  pieces,  or  nuggets  of  gold  or  silver, 
or  any  description  whatsoever  of  uncoined  gold  or  silver  currently  passing 
in  this  state,  or  shall  alter,  or  put  off  any  kind  of  uncoined  gold  or  silver 
mentioned  in  this  section,  for  the  purpose  of  defrauding  any  person  or  per- 
sons, body  politic  or  corporate,  or  shall  make  any  instrument  for  counter- 
feiting any  kind  of  uncoined  gold  or  silver  as  aforesaid,  knowing  the  pur- 
pose for  which  such  instrument  was  made,  or  shall  knowingly  have  in  his 
possession  and  secretly  keep  any  instrument  for  the  purpose  of  counterfeit- 
ing any  kind  of  uncoined  gold  or  silver  as  aforesaid,  every  such  person  so 
offending  shall  be  deemed  guilty  of  counterfeiting,  and,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term 
not  less  than  one  year  nor  more  than  fourteen  years. 


r»r>87.     I'nsxrxxjny-  or  receiving  same. 

SEC.  422.  Every  person  who  shall  have  in  his  possession,  or  receive  for 
any  other  person,  any  counterfeit  gold  dust,  silver,  gold,  bullion,  or  bars, 
lumps,  pieces,  or  nuggets  of  gold  or  silver,  or  any  description  whatsoever 
of  uncoined  gold  or  silver  currently  passing  in  this  state,  or  entering  in 
any  wise  into  the  circulating  medium  of  the  state,  with  intention  to  utter, 
put  off,  or  pass  the  same,  or  permit,  cause,  or  procure  the  same  to  be 
uttered  or  passed,  with  intention  to  defraud  any  person  or  persons,  body 
politic  or  corporate,  knowing  the  same  to  be  counterfeit,  and  being 
thereof  duly  convicted,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  year  nor  more  than  fourteen  years. 

(W88.     Issuing  paper  money. 

SEC.  423.  If  any  person  or  persons,  association,  company,  or  corpora- 
tion, shall  make,  issue,  or  put  in  circulation,  any  bill,  check,  ticket,  cer- 
tificate, promissory  note,  or  the  paper  of  any  bank,  to  circulate  as  money, 
the  said  person  or  persons,  association,  company,  or  corporation,  or  the 
persons  forming  the  same,  shall,  for  the  first  offense,  be  deemed  guilty  of  a 
misdemeanor,  and  for  each  and  every  subsequent  offense,  be  deemed  guilty 
of  felony. 

6B89.    Counterfeiting  stamps  and  labels. 

SEC.  424.  Every  person  who  shall  knowingly  and  wilfully  forge  or 
counterfeit,  or  cause  or  procure  to  be  forged  or  counterfeited,  upon  any 
goods,  wares,  or  merchandise,  the  private  stamps  or  labels  of  any  mechanic 
or  manufacturer,  with  intent  to  defraud  the  purchasers  or  manufacturers 
of  any  goods,  wares,  or  merchandise  whatsoever,  shall,  on  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
imprisonment  in  the  county  jail  for  a  term  not  exceeding  six  months,  or 
by  a  fine  of  not  less  than  three  hundred  or  more  than  six  hundred  dollars. 

Telegraph  company's  private  mark  or  design,  unlawful  use  of,  sec.  4619. 
Counterfeiting  trademark  or  union  label,  sec.  6437. 

120 


Sec.  6690  CRIMES  AND  PUNISHMENTS  1902 

6690.  Goods  containing  forged  stamps. 

SEC.  425.  Any  person  who  shall  sell  any  goods,  wares,  or  merchandise 
having  thereon  any  forged  or  counterfeit  stamps  or  labels,  purporting  to 
be  the  stamps  or  labels  of  any  mechanic  or  manufacturer,  knowing  the 
same  to  be  forged  or  counterfeited,  without  disclosing  the  fact  to  the  pur- 
chaser, shall,  on  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  the  county  jail  for  a  term  not 
exceeding  six  months,  or  by  a  fine  of  not  less  than  three  hundred  nor  more 
than  six  hundred  dollars. 

6691.  Counterfeiting  trademark  or  design. 

SEC.  426.  Every  person  who  shall  use  or  display  or  have  in  his  possession 
with  intent  to  use  or  display,  the  genuine  label,  trademark,  term,  design, 
device,  or  form  of  advertisement  of  any  person,  corporation,  association 
or  union,  lawfully  filed  for  record  according  to  law  of  the  state,  or  the 
exclusive  right  to  use  which  is  guaranteed  to  any  person,  corporation, 
association  or  union,  by  the  laws  of  the  United  States,  or  of  this  state, 
without  the  written  authority  of  such  person,  corporation,  association  or 
union,  or  who  shall  wilfully  forge  or  counterfeit  or  use  or  display  or  have 
in  his  possession  with  intent  to  use  or  display  any  representation,  likeness, 
similitude,  copy  or  imitation  of  any  genuine  label,  trademark,  term,  design, 
device,  or  form  of  advertisement,  so  filed  or  protected,  or  any  die,  plate, 
stamp  or  other  device  for  manufacturing  the  same,  shall  be  guilty  of  a 
gross  misdemeanor. 

Telegraph  company's  private  mark  or  design,  unlawful  use  of,  sec.  4(U9. 
Sr«-  Trademarks,  sees.  4<>:>."i  4637. 

6692.  Displaying  goods  with  false  trademark. 

SEC.  427.  Every  person  who  shall  knowingly  sell,  display  or  advertise, 
or  have  in  his  possession  with  intent  to  sell,  any  goods,  wares,  merchandise, 
mixture,  preparation  or  compound  having  affixed  thereto  any  label,  trade- 
mark, term,  design,  device,  or  form  of  advertisement  lawfully  filed  for 
record  in  the  office  of  the  secretary  of  state  by  any  person,  corporation, 
association  or  union,  or  the  exclusive  right  to  the  use  of  which  is  guar- 
anteed to  such  person,  corporation,  association  or  union  under  the  laws 
of  the  United  States,  which  label,  trademark,  term,  design,  device  or  form  of 
advertisement  shall  have  been  used  or  affixed  thereto  without  the  written 
authority  of  such  person,  corporation,  association  or  union,  or  having 
affixed  thereto  any  forged  or  counterfeit  representation,  likeness,  similitude, 
copy  or  imitation  thereof,  shall  be  guilty  of  a  misdemeanor. 

6693.  Fraudulent  registration  of  trademark. 

SEC.  428.  Every  person  who  shall  for  himself,  or  on  behalf  of  any  other 
person,  corporation,  association  or  union,  procure  the  filing  of  any  label, 
trademark,  term,  design,  device  or  form  of  advertisement,  by  any  fraud- 
ulent means,  shall  be  guilty  of  a  misdemeanor. 

6694.  Form  and  similitude  defined. 

SEC.  429.  A  plate,  label,  trademark,  term,  design,  device  or  form  of 
advertisement  is  in  the  form  and  similitude  of  the  genuine  instrument 
imitated  if  the  finished  parts  of  the  engraving  thereupon  shall  resemble  or 
conform  to  the  similar  parts  of  the  genuine  instrument. 

CHAPTER  24 

FRAUDULENT  AND   KINDRED  CRIMES 

ii(.".».">.  Fraudulent  conveyances.  6999.  Sale    of    incumbered    property,    when 

ii!1'.";.  Credit  by  false  representations.  fraudulent. 

6907.  Mortgageor  shall  not  sell  nor  remove  6700.  Destruction  or  removal   of  mortgaged 

without  consent.  property. 

6998.    1'uni*hment.  6701.  Removal  or  sale  of  property  to  defraud 


1903  CRIMES  AND  PUNISHMENTS  See.  6697 

Idem  —  Fraudulent  sale  or  concealment.  <>722.  Fraudulent  issue  of  stock. 

i57<»::.   Knowingly   receiving   fraudulent   con-  6723.  Publishing    false    statement    t6    affect 

veyance.  market  price. 

i57ii4.  Obtaining  property  by  false  pretenses.  6724.  Bank    deposits   received   by    officer    or 
i'7".").  Obtaining  signature  by  false  pretense.  employee  of  insolvent  institution. 

«57«'»;.  False   representation   concerning   title.  <!7iM.  Idem  —  Failure    to    prevent    receipt    of 
i57ii7.  Fraud  by  bailee  of  animal.  deposits. 

i57"s.  TUiyiiiu  or  selling  by  false  weight.  '''726.  Defrauding  inn   keeper  —  Penalty. 

r.7'".i.   Misrepresentation  of  merchandise.  6727.  Fraudulently  selling  real  estate  twice. 

Ci7Hi.  Changing  value  of  ores.  6728.  Business  name,  assumed,  prohibited. 

•5711.  Falsifying  accounts.  «>72!».  Idem  —  County   clerks  to   keep   list   of 
•  5711'.  Tampering  with  papers.  certificates. 

«i713.  Divulging  telegram.  1:7:10.  Idem  —  Does  not  apply  to  corporations. 

C714.  Opening  sealed  letters.  <  57:51.  Idem—  Penalty. 

(171-1.  Fraudulently  presenting  claim  to  pub-  6732.  What  is  prima  facie  evidence. 

lie  officer.  (5733.  Public  service  companies,  certain  acts 
(>71»i.   Haili^c  <>f  ('.  A.  R.  —  Unlawful  wearing.  against    unlawful  —  Penalty. 

Improper  use  of  insignia.  i!7:U.  Personating  an  officer. 

('•71s.  Collecting  without  authority  for  ben-  6735.  Personating  another. 

efit.  (S736.  Personating  another  same  as  stealing. 

(571!'.  Use  of  false  permit,  license  or  diploma.  (5737.  Railroads  ma  king  illegal  charge. 

I'ul.li.-ation     of     faNe     financial     state  (5738.   Extortion  l>y  public  officer. 

ments.  r,7.".!».    Blackmail. 

(57L'l.    Fraud    in   stock    subscription.  (5740.  Coercion. 

r»r.«.)i).    Fraudulent  conve.vann's. 

SEC.  430.  Every  person  who  shall  be  a  party  to  any  fraudulent  convey- 
ance of  any  lands,  tenements,  or  hereditaments,  goods,  or  chattels,  or  any 
right  or  interest  issuing  out  of  the  same,  or  to  any  bond,  suit,  judgment,  or 
execution,  contract  or  conveyance  had,  made,  or  contrived,  with  intent  to 
deceive  and  defraud  others,  or.  to  defeat,  hinder,  or  delay,  creditors  or  others 
of  their  just  debts,  damages,  or  demands;  or  who,  being  parties  as  afore- 
said, at  any  time  shall  wittingly  and  willingly  put  in  use,  avow,  maintain, 
justify,  or  defend  the  same,  or  any  of  thejn,  as  true  and  done,  had,  or 
made,  in  good  faith,  or  upon  good  consideration,  or  shall  alien,  assign,  or 
sell  any  of  the  lands,  tenements,  hereditaments,  goods,  chattels,  or  other 
things  before  mentioned,  to  him,  her,  or  them  conveyed  as  aforesaid,  or 
any  part  thereof,  he,  she,  or  they  so  offending,  shall,  on  conviction,  be  fined 
in  any  sum  not  exceeding  one  thousand  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  six  months. 

Cited  in  McCaushuxl  v.  Kal<t<>n.  12  N»-v.  216. 


Credit  by  false  representations. 
SEC.  431.  If  any  person,  by  false  representations  of  his  own  wealth,  or 
mercantile  correspondence  and  connections,  shall  obtain  a  credit  thereby, 
and  defraud  any  person  or  persons  of  money,  goods,  chattels,  or  any  valu- 
able thing,  or  if  any  person  shall  cause,  or  procure  others  to  report  falsely 
of  his  wealth  or  mercantile  character,  and  by  thus  imposing  upon  any 
person  or  persons,  obtain  credit,  and  thereby  fraudulently  get  into  the 
possession  of  goods,  wares,  or  merchandise,  or  other  valuable  thing,  every 
such  offender  shall  be  deemed  a  swindler,  and,  on  conviction,  shall  be  sen- 
tenced to  return  the  property  so  fraudulently  obtained,  if  it  can  be  done, 
and  shall  be  fined  not  exceeding  one  thousand  dollars,  and  imprisonment  in 
the  county  jail  not  more  than  six  months. 

6H97.    Mortgagee?  shall  not  sell  nor  remove  without  consent. 

SEC.  432.  The  mortgageor  of  personal  property  shall  not  sell  or  dispose 
of  any  such  property,  or  remove  the  same  from  the  county  wherein  the 
mortgage  on  said  property  is  recorded,  during  the  time  said  mortgage  is 
in  force,  with  intent  to  hinder,  delay,  or  defraud  the  said  mortgagee,  with- 
out the  written  consent  of  the  mortgagee  first  had  and  obtained. 


Sec.  6698  CRIMES  AND  PUNISHMENTS  1904 

6698.  Punishment, 

SEC.  433.  Any  person  violating  any  of  the  provisions  of  the  next  pre- 
ceding section,  shall  be  deemed  guilty  of  a  gross  misdemeanor. 

6699.  Sale  of  incnmbered  property,  when  fraudulent. 

SEC.  434.  Every  person  who  shall  sell  or  mortgage  any  personal  prop- 
erty which  is  at  the  time  mortgaged  or  upon  which  any  lien  has  been  or 
may  lawfully  be  filed,  without  informing  the  purchaser  or  mortgagee 
thereof  before  the  payment  of  the  purchase  price  or  jnoney  loaned,  of  the 
several  amounts  of  all  such  mortgages  and  liens  known  to  the  seller  or 
mortgageor,  shall  be  deemed  to  have  made  a  false  representation  and  shall, 
where  no  other  punishment  is  prescribed,  be  punished  as  for  a  gross 
misdemeanor. 

6700.  Destruction  or  removal  of  mortgaged  property. 

SEC.  435.  Every  person  being  in  possession  thereof,  who  shall  remove, 
conceal  or  destroy  or  connive  at  or  consent  to  the  removal,  concealment  or 
destruction  of  any  personal  property  or  any  part  thereof,  upon  which  a 
mortgage,  lien,  conditional  sales  contract  or  lease  exists,  in  such  a  manner 
as  to  hinder,  delay  or  defraud  the  holder  of  such  mortgage,  lien  or  condi- 
tional sales  contracts  or  such  lessor,  or  who,  with  intent  to  hinder,  delay  or 
defraud  the  holder  of  such  mortgage,  lien  or  conditional  sales  contract,  or 
such  lessor,  shall  sell,  remove,  conceal  or  destroy  or  connive  at  or  consent 
to  the  removal,  concealment  or  destruction  of  such  property,  shall  be  guilty 
of  a  gross  misdemeanor.  In  any  prosecution  under  this  section  any  allega- 
tion containing  a  description  of  the  mortgage,  lien,  conditional  sales  con- 
tract or  lease  by  reference  to  the  date  thereof  and  names  of  the  parties 
thereto,  shall  be  sufficiently  definite  and  certain. 

6701.  Removal  or  sale  of  property  to  defraud. 

SEC.  436.  If  any  debtor  shall  fraudulently  remove  his  property  or  effects 
out  of  this  state,  or  shall  fraudulently  sell,  convey,  or  assign,  or  conceal  his 
property  or  effects,  with  intent  to  defraud,  hinder,  or  delay  his  creditors 
of  their  just  rights,  claims,  or  demands,  he  shall,  on  conviction,  be  punished 
by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or  by  fine  not 
exceeding  five  thousand  dollars,  or  both. 

6702.  Idem— Fraudulent  sale  or  concealment. 

SEC.  437.  Any  person  against  whom  an  action  is  pending,  or  against 
whom  a  judgment  has  been  rendered  for  the  recovery  of  any  personal  prop- 
erty or  effects,  who  shall  fraudulently  conceal,  sell,  or  dispose  of  such 
property  or  effects,  with  intent  to  hinder,  delay,  or  defraud  the  person 
bringing  such  action  or  recovering  such  judgment,  or  shall,  with  such 
intent,  remove  such  property  or  effects  beyond  the  limits  of  the  county  in 
which  it  may  be  at  the  time  of  the  commencement  of  such  action,  or  the 
rendering  of  such  judgment,  shall,  on  conviction,  be  punished  as  provided 
in  the  next  preceding  section. 

6703.  Knowingly  receiving  fraudulent  conveyance. 

SEC.  438.  Every  person  who  shall  receive  any  property  or  conveyance 
thereof  from  another,  knowing  that  the  same  is  transferred  or  delivered 
to  him  in  violation  of,  or  with  the  intent  to  violate  any  provision  of  the  next 
three  preceding  sections,  shall  be  guilty  of  a  misdemeanor. 

6704.  Obtaining  property  by  false  pretenses. 

SEC.  439.  Every  person  who  shall  knowingly  and  designedly,  by  any 
false  pretense  or  pretenses,  obtain  from  any  other  person  or  persons  any 
chose  in  action,  money,  goods,  wares,  chattels,  effects,  or  other  valuable 
thing,  with  intent  to  cheat  or  defraud  any  person  or  persons  of  the  same 


1905  CRIMES  AND  PUNISHMENTS  Sec.  6708 

shall  be  deemed  a  cheat,  and  on  conviction  shall  be  imprisoned  in  the  state 
prison  not  more  than  ten  years  nor  less  than  one  year,  and  be  sentenced 
to  restore  the  property  so  fraudulently  obtained,  if  it  can  be  done;  pro- 
vided, that  should  the  value  of  any  chose  in  action,  money,  goods,  wares, 
chattels,  effects,  or  other  valuable  thing  so,  as  aforesaid,  fraudulently 
obtained,  not  exceed  in  value  the  sum  of  fifty  dollars,  every  person  so 
offending  shall  be  deemed  a  cheat,  and  on  conviction  shall  be  imprisoned  in 
the  county  jail  not  more  than  six  months,  or  be  fined  in  any  sum  not- 
exceeding  five  hundred  dollars,  or  by  both  such  fine  and  imprisonment,  and 
be  sentenced  to  restore  the  property  so  fraudulently  obtained,  if  it  can 
be  done. 

Sec  sec.  717'.'. 

An     iii'li.-tment     rluir.uiiitf    the    offense    of       the    same    certainty     as     is  "required    in    an 
obtaining    propcrt  v    l>v    means   of   false   pre-       indictment   for  laivenv.      In  re  Waterman,  29 
-     must     allege     the     .-hara.-t  cr     of     the        Nev.   1>X    11    I,.    K.   A.  (N.  S.)  424,  89  P.   L'!)  1  . 
y  charged  to  have  Keen  obtained   with 


6705.  Obtaining  signature  by  false  pretense. 

SEC.  440.  Every  person  who,  with  intent  to  cheat  or  defraud  another, 
shall  designedly  by  color  or  aid  of  any  false  token  or  writing  or  other  false 
pretense,  representation  or  presentation,  obtain  the  signature  of  any  per- 
son to  a  written  instrument,  shall  be  punished  by  imprisonment  in  the 
state  prison  for  not  more  than  five  years  or  in  the  county  jail  for  not  more 
than  one  year,  or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
both  fine  and  imprisonment. 

Bee.  717!). 

6706.  False  representation  concerning  title. 

SEC.  441.  Every  person  who  shall  maliciously  or  fraudulently  execute 
or  file  for  record  any  instrument,  or  put  forward  any  claim  by  which  the 
right  or  title  of  another  to  any  real  property  is,  or  purports  to  be  trans- 
ferred, encumbered  or  clouded,  shall  be  guilty  of  a  gross  misdemeanor. 

6707.  Fraud  by  bailee  of  animal. 

SEC.  442.  Every  person  who  shall  obtain  from  another  the  possession  or 
use  of  any  horse  or  other  draft  animal  or  any  vehicle  or  automobile,  with- 
out paying  therefor,  with  intent  to  defraud  the  owner  thereof,  or  who  shall 
obtain  the  possession  or  use  thereof,  by  color  or  aid  of  any  false  or  fraudu- 
lent representation,  pretense,  token  or  writing,  or  shall  obtain  credit  for 
such  use  by  color  or  aid  of  any  false  or  fraudulent  representation,  pretense, 
token  or  writing  ;  or  who  having  hired  property,  shall  recklessly,  wilfully, 
wantonly  or  by  gross  negligence  injure  or  destroy  or  cause,  suffer,  allow 
or  permit  the  same,  or  any  part  thereof,  to  be  injured  or  destroyed;  or 
who,  having  hired  any  horse  or  other  draft  animal  upon  an  understanding 
or  agreement  that  the  same  shall  be  ridden  or  driven  a  specified  distance 
or  to  a  specified  place,  shall  wilfully  and  fraudulently  ride  or  drive  or 
cause,  permit  or  allow  the  same  to  be  ridden  or  driven  a  longer  distance, 
ot  to  a  different  place,  shall  be  guilty  of  a  misdemeanor. 

6708.  Buying  or  selling  by  false  weight. 

SEC.  443.  If  any  person  or  persons  shall  knowingly  buy  or  sell  any 
goods,  wares,  or  merchandise,  or  any  valuable  thing  by  false  weight  or 
measure,  or  shall  knowingly  use  any  false  measure  or  false  weight  at  any 
mill  in  taking  toll  for  grinding  corn,  wheat,  rye,  or  other  grain,  or  shall 
knowingly  use  any  false  weight  or  weights,  or  false  scales,  or  false  steel- 
yards, or  false  balances,  or  false  measures  for  any  purpose  in  buying  or 
selling  or  trading  any  article  whatever,  he  ar  she  shall  be  deemed  a  com- 
mon cheat,  and  on  conviction  shall  be  punished  by  fine  in  any  sum  not 


Sec.  6709  CRIMES  AND  PUNISHMENTS  1906 

exceeding  two  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not 
more  than  six  months,  or  both. 

Weights  and  measures  act,  violations  of,  sec.  4812. 

6709.  Misrepresentation  of  merchandise. 

SEC.  444.  Every  person  who  makes  any  misrepresentation  regarding 
the  weight,  amount,  measure,  quantity,  quality,  or  ingredients  of  any 
goods,  wares  or  merchandise,  or  personal  property,  for  the  purpose  of  sell- 
ing the  same,  or  while  selling  or  offering  the  same  for  sale,  is  guilty  of  a  mis- 
demeanor ;  and  if  the  value  of  any  goods,  wares,  merchandise,  or  personal 
property  sold  under  such  misrepresentation  shall  exceed  fifty  dollars,  the 
party  so  making  the  misrepresentation  is  guilty  of  a  gross  misdemeanor. 

6710.  Changing  value  of  ores. 

SEC.  445.  Any  person,  corporation,  or  association,  or  the  agent  of  any 
person,  corporation,  or  association,  engaged  in  the  milling,  smelting, 
sampling,  concentrating,  reducing,  shipping,  or  purchasing  of  ores  in  this 
state,  who  shall  in  any  manner  knowingly  alter  or  change  the  true  value 
of  any  ores  delivered  to  him  or  them,  so  as  to  deprive  the  seller  of  the 
correct  value  of  the  same,  or  who  shall  substitute  other  ores  for  those 
delivered  to  him  or  them,  or  who  shall  issue  any  bill  of  sale,  or  certificate 
of  purchase,  that  does  not  exactly  and  truthfully  state  the  actual  weight, 
assay  value,  and  total  amount  paid  for  any  lot  or  lots  of  ore  purchased,  or 
who,  by  any  secret  understanding,  or  agreement  with  another,  shall  issue 
a  bill  of  sale  or  certificate  of  purchase  that  does  not  correctly  and  truth- 
fully set  forth  the  weight,  assay  value,  and  total  amount  paid  for  any  lot 
or  lots  of  ore  purchased  by  him  or  them,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  be  fined  in  a  sum  .not  exceeding  one 
thousand  dollars,  nor  less  than  one  hundred  dollars,  or  imprisonment  in 
the  county  jail  not  more  than  one  year,  or  both. 

6711.  Falsifying  accounts. 

SEC.  446.  Every  person  who  shall  wilfully  or  maliciously  and  with 
intend  to  defraud,  make  any  false  entry,  or  fail  to  make  an  entry  of  any 
material  matter,  which  it  is  his  duty  to  make,  with  intent  to  injure 
another,  in  any  private  book  or  private  account,  shall  be  guilty  of  a  gross 
misdemeanor. 

6712.  Tampering  with  papers. 

SEC.  447.  Every  person  who  shall  wilfully  or  maliciously  and  with 
intent  to  injure  another,  destroy,  alter,  erase,  obliterate  or  conceal  any 
letter,  telegraph  message,  book  or  record  of  account,  or  any  writing  or 
instrument  by  which  any  claim,  privilege,  right,  obligation  or  authority,  or 
any  right  or  title  to  property,  real  or  personal,  is,  or  purports  to  be,  or 
upon  the  happening  of  some  future  event  may  be  evidenced,  created, 
acknowledged,  transferred,  increased,  diminished,  encumbered,  defeated, 
discharged  or  affected,  shall  be  guilty  of  a  gross  misdemeanor. 

6713.  Divulging  telegram. 

SEC.  448.  Every  person  who  shall  wrongfully  obtain  or  attempt  to 
obtain,  any  knowledge  of  a  telegraphic  message,  by  connivance  with  the 
clerk,  operator,  messenger  or  other  employee  of  a  telegraph  company,  and 
every  clerk,  operator,  messenger  or  other  employee  of  such  company  who 
shall  wilfully  divulge  to  any  but  the  person  for  whom  it  was  intended,  any 
telegraphic  message  or  dispatch  entrusted  to  him  for  transmission  or 
delivery,  or  the  nature  or  contents  thereof,  or  shall  wilfully  refuse,  neglect 
or  delay  duly  to  transmit  or  deliver  the  same,  shall  be  guilty  of  a  misde- 
meanor. 

See  schedule  of  statutory  offenses  under  other  titles  "Telegraph,"  preceding  this  act. 


1907  CRIMES  AND  PUNISHMENTS  Sec.  6720 

0714.    opening  sealed  letters. 

SEC.  449.  Every  person  who  shall  wilfully  open  or  read,  or  cause  to  be 
read,  any  sealed  letter,  message  or  telegram,  not  addressed  to  himself, 
without  being  authorized  so  to  do,  either  by  the  writer  of  the  same,  or  by 
the  person  to  whom  it  shall  be  addressed;  and  any  person  who  shall 
maliciously  publish  the  whole,  or  any  part  of  such  letter,  message,  or  tele- 
gram, without  the  authority  of  the  writer  thereof,  or  of  the  person  to  whom 
the  same  shall  be  addressed,  knowing  the  same  to  have  been  so  opened, 
shall,  upon  conviction,  be  punished  by  a  fine  not  exceeding  one  thousand 
dollars. 

6715.    Fraudulently  presenting  claim  to  public  officer. 

SEC.  450.  Every  person  who,  with  the  intent  to  defraud,  shall  know- 
ingly present  for  audit,  allowance  or  payment  to  any  officer  or  board  of 
the  state  or  of  any  county,  city,  town  or  school  district  authorized  to  audit, 
allow  or  pay  bills,  claims  or  charges,  any  false  or  fraudulent  claim, 
account,  writing  or  voucher  or  any  bill,  account  or  demand  containing  false 
or  fraudulent  charges,  items  or  claims,  shall  be  guilty  of  a  gross  misde- 
meanor. 

(>716.     Badge  of  <J.  A.  R.—  I  nlawful  wearing. 

SEC.  451.  Any  person  who  shall  wilfully  wear  the  badge  of  the  Grand 
Army  of  the  Republic,  or  who  shall  use  or  wear  the  same  to  obtain  aid  or 
assistance  thereby,  within  this  state,  unless  he  shall  be  a  member  of  the 
Grand  Army  of  the  Republic,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  imprisonment  for  a  term  not  to 
exceed  thirty  days  in  the  county  jail  or  a  fine  not  to  exceed  twenty  dollars, 
or  by  both  such  fine  and  imprisonment. 

(>717.     Improper  use  of  insignia. 

SEC.  452.  Every  person  who  shall  wilfully  wear  the  badge,  button, 
insignia  or  rosette  of  any  military  order  or  of  any  secret  order  or  society, 
or  any  similitude  thereof;  or  who  shall  use  any  such  badge,  button, 
insignia  or  rosette  to  obtain  aid  or  assistance,  or  any  other  benefit  or 
advantage,  unless  he  shall  be  entitled  to  so  wear  or  use  the  same  under  the 
constitution,  by-laws,  rules  and  regulations  of  such  order  or  society,  shall 
be  guilty  of  a  misdemeanor. 

Illegal  use  or  wearing  of  emblems,  sec.  i?.~><).~>. 

H718.    Collecting  for  benefit  without  authority. 

SEC.  453.  Every  person  who  shall  sell  a  ticket  to  any  ball,  benefit  or 
entertainment,  or  ask  or  receive  any  subscription  or  promise  thereof,  for 
the  benefit  or  pretended  benefit  of  any  person,  association  or  order,  with- 
out being  duly  authorized  thereto  by  the  person,  association  or  order  for 
whose  benefit  or  pretended  benefit  the  same  is  done,  shall  be  guilty  of  a 
misdemeanor. 

6719.    TTse  of  false  permit  license  or  diploma. 

SEC.  454.  Every  person  who  shall  conduct  any  business  or  perform  any 
act  under  color  of,  or  file  for  record  with  any  public  officer,  any  false  or 
fraudulent  permit,  license,  diploma  or  writing,  or  any  permit,  license, 
diploma  or  writing  not  lawfully  belonging  to  such  person,  or  who  shall 
obtain  any  permit,  license,  diploma  or  writing  by  color  or  aid  of  any  false 
representation,  pretense,  personation,  token  or  writing,  shall  be  guilty  of 
a  gross  misdemeanor. 

f)720.    Publication  of  false  financial  statements. 

SEC.  455.  Any  person  or  corporation  or  joint-stock  company  or  copart- 
nership, who  knowingly  makes  or  causes  to  be  published  in  any  way  what- 


See.  6721  CRIMES  AND  PUNISHMENTS  1908 

ever,  or  permits  to  be  made  or  published,  any  book,  prospectus,  notice, 
report,  statement,  exhibit  or  other  publication  of  or  concerning  the  affairs, 
financial  condition  or  property  or  receipts  or  expenditures  of  any  corpora- 
tion, joint-stock  association,  copartnership  or  individual,  which  said  book, 
prospectus,  notice,  report,  statement,  exhibit  or  other  publication  shall 
contain  any  statement  which  he  knows  to  be  false,  shall  be  deemed  guilty 
of  a  felony,  and  upon  conviction  thereof  shall  be  imprisoned  in  the  state 
prison  for  not  more  than  ten  years,  or  fined  not  more  than  ten  thousand 
dollars,  or  shall  suffer  both  said  fine  and  imprisonment. 

6721.  Fraud  in  stock  subscription. 

SEC.  456.  Every  person  who  shall  sign  the  name  of  a  fictitious  person 
to  any  subscription  for  or  any  agreement  to  take  stock  in  any  corporation 
existing  or  proposed,  and  every  person  who  shall  sign  to  any  such  sub- 
scription or  agreement  the  name  of  any  person,  knowing  that  such  person 
does  not  intend  in  good  faith  to  comply  with  the  terms  thereof,  or  upon 
any  understanding  or  agreement  that  the  terms  of  such  subscription  or 
agreement  are  not  to  be  complied  with  or  enforced,  shall  be  guilty  of  a 
gross  misdemeanor. 

6722.  Fraudulent  issue  of  stock. 

SEC.  457.  Every  officer,  agent  or  other  person  in  the  service  of  a  joint- 
stock  company  or  corporation,  domestic  or  foreign,  who,  wilfully  and 
knowingly  with  intent  to  defraud,  shall — 

1.  Sell,  pledge  or  issue  or  cause  to  be  sold,  pledged  or  issued,  or  sign  or 
execute  or  cause  to  be  signed  or  executed,  with  intent  to  sell,  pledge  or 
issue,  or  cause  to  be  sold,  pledged  or  issued,  any  certificate  or  instrument 
purporting  to  be  a  certificate  or  evidence  of  ownership  of  any  share  or 
shares  of  such  company  or  corporation,  or  any  conveyance  or  encumbrance 
of  real  or  personal  property,  contract,  bond,  or  evidence  of  debt,  or  writing 
purporting  to  be  a  conveyance  or  encumbrance  of  real  or  personal  property, 
contract,  bond  or  evidence  of  debt  of  such  company  or  corporation,  with- 
out being  first  duly  authorized  by  such  company  or  corporation,  or  con- 
trary to  the  charter  or  laws  under  which  such  company  or  corporation 
exists,  or  in  excess  of  the  power  of  such  company  or  corporation,  or  of  the 
limit  imposed  by  law  or  otherwise  upon  its  power  to  create  or  issue  stock 
or  evidence  of  debt ;  or, 

2.  Reissue,  sell,  pledge  or  dispose  of,  or  cause  to  be  reissued,  sold,  pledged 
or  disposed  of,  any  surrendered  or  canceled  certificate  or  other  evidence 
of  the  transfer  of  ownership  of  any  such  share  or  shares : 

Shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more  than 
ten  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or  by  both.  . 

6723.  Publishing;  false  statement  to  affect  market  price. 

SEC.  458.  Every  person  who,  with  intent  to  affect  the  market  price  of 
any  security  or  t  property  shall  put  off,  circulate  or  publish  any  false  or 
misleading  writing,  statement  or  intelligence,  shall  be  guilty  of  a  gross 
misdemeanor. 

6724.  Bank  deposits  received  by  officer  or  employee  of  insolvent  institu- 

tion. 

SEC.  459.  *  Every  officer,  director,  cashier,  managing  member,  manager, 
clerk,  person,  party  or  agent  of  any  bank,  banking  corporation,  association 
or  firm,  banking  house,  banking  exchange,  brokerage  deposit  company, 
private  bank,  and  every  person,  company  or  corporation,  engaged  in  whole 
or  in  part  in  banking,  brokerage,  exchange  or  deposit  business,  in  any 
way,  who  shall  accept  or  receive  on  deposit  in  such  bank  or  banking  insti- 
tution, as  aforesaid,  with  or  without  interest,  from  any  person,  any  money, 


1909 


CRIMES  AND  PUNISHMENTS 


SIT.  6724 


bank  bills  or  notes,  or  certificates,  or  currency,  or  other  notes,  checks,  bills, 
bonds,  stocks,  drafts,  or  paper  circulating  as  money,  when  he  knows,  or 
has  good  reason  to  know,  that  such  person,  bank,  banking  corporation, 
association  or  firm,  banking  house,  banking  exchange,  brokerage  deposit 
company,  or  private  bank  as  aforesaid,  is  insolvent,  and  every  person 
knowing  of  such  insolvency  who  shall  be  accessory  to,  or  permit,  or  con- 
nive at,  or  assent  to,  the  accepting  or  receiving  on  deposit  therein  or 
thereby  any  such  deposit  as  aforesaid,  shall  be  guilty  of  a  felony,  and 
punished  by  imprisonment  in  the  state  prison  for  not  less  than  one,  nor 
more  than  ten  years. 

Sec  sec.  -0  of  banking  net  (sec.  »>:;">,  infra). 

•  •hednle  df  statutory  offenses  under  other  titles  "Ranks,"  preceding  this  act. 
The    banking   business    can    be    regulated,       a  deposit,  the  president,  though   knowing  of 
and    it    is   not   only   the   legislature's    power, 


hut  its  duty,  to  regulate  the  business  so  as 
t"  reduce  failures  to  a  minimum.  Tin1  pur 
"f  statutes  making  it  a  crime  to  recei\e 
deposit^  when  a  bank  is  known  to  be  insolv- 
ent is  not  only  to  protect  innocent  deposit- 
ors, but  to  deter  bank  officers  from  so  con- 
ducting a  bank  as  to  endanger  its  solvency. 
The  legislature  us  an  exercise  of  police 
power  can  impose  a  penalty  for  the  conduct 
n t'  business  by  an  insolvent  bank.  The  act 
of  March  L".I!  I!»n7,  making  it  a  crime  to 
receive  bank  deposits  knowing  the  bank  to 
be  insolvent,  is  not  unconstitutional,  as 
being  a  special  law  for  the  punishment  of 
olVenses.  Neither  is  the  law  objectionable 
;.s  class  legislation.  Ex  Parte  Pittman.  .".  1 

Xev.  i::.  22  L.  R.  A.  (N.  S.)  2i5»;.  '.''.'  I'.  700. 

A  receipt  of  a  deposit  by  the  receiving 
teller  of  a  private  bank  is  the  receipt  by  the 
private  banker,  because  he  is  the  principal 
and  the  teller  the  agent,  and  the  deposit  i< 
the  banker's  private  property.  A  deposit 

received  by  an  incorporated  bank  is  the 
property  of  the  corporation.  The  president 
ind  receiving  teller  of  an  incorporated  bank 
acting  within  the  scope  of  their  authority 
are  agents  of  the  corporation,  and  not  of 
each  other,  and  though  the  president  has 
r  powers  than  the  teller,  and  may  direct 
liis  acts,  the  president  is  in  no  sense  the 
principal,  but  his  acts,  within  the  scope  of 
his  powers,  are  the  acts  of  the  corporation. 
An  indictment  alleging  that  accused  was  the 
president  of  an  incorporated  state  bank 
ei- gaged  in  the  general  banking  business, 
and  that  he  feloniously,  by  and  through  the 
receiving  teller,  received  a  deposit  knowing 
that  the  bank  was  insolvent,  does  not  charge 
accused  directly  with  receiving  the  deposit 
within  the  act  of  March  29,  1907 (Stats.  1907, 
p.  414,  c.  189),  penalizing  every  officer  of  any 
bank  who  receives  any  deposits  knowing 
that  the  bank  is  insolvent;  and  the  indict: 
rnent  does  not  charge  accused  with  the 
offense  under  the  doctrine  of  agency,  since 
the  actual  receipt  of  the  deposit  w^as  by  the 
receiving  teller,  and  the  receipt  in  law  was 
by  the  bank.  The  act  of  March  29,  1907 
(Stats.  1907,  p.  414,  c.  189),  penalizing  every 


the   insolvency   cannot   be   punished   on  the 

theory  that  he  assented  to  the  reception  of 
the  deposit;  the  word  "receives"  in  volv  ing  an 
affirmative  act,  and  does  not  include  an 
a-^ont  to  the  reception  involving  only  a  mere 
passive  acquiescence.  Ex  Parte  Rickey,  31 
Nev.  82  >  138  A.  S.  651,  100  P.  134). 

1'nder  an  indictment  for  assenting  to  the 
receipt  of  deposits  by  an  officer  of  an 
incorporated  bank,  contrary  to  act  of  March 
I."-.  l!H>'.i  (Stats.  1!M)<),  «-.  «)•>),  which  by  sec- 
tion 1  makes  it  a  crime  for  any  bank  officer 
to  receive  or  to  assent  to  the  receipt  of 
deposits  knowing  the  bank  to  be  insolvent, 
and  by  section  2  provides  that  any  bank 
officer  having  authority  to  close  the  bank 
or  to  prevent  the  receipt  of  deposits,  who 
does  not  exercise  such  authority  when  the 
bank  is  known  to  be  insolvent,  shall  be 
deemed  to  have  assented  to  the  receipt  of 
deposits,  and  making  the  failure  of  such 
bank  within  thirty  days  after  the  receipt  of 
any  deposits  prima  facie  evidence  of  such 
officer's  knowledge  of  its  insolvency,  the 
presumption  of  knowledge  of  insolvency,  by 
it^  terms  applies  only  to  such  officers  as 
have  power  to  close  the  bank  or  to  prevent 
deposits. 

Unless  specially  authorized  by  the  board 
of  directors,  the  president  or  a  director  of 
a  bank  is  not  legally  authorized  to  close  the 
bank  or  to  prevent  the  receipt  of  deposits 
by  the  bank.  The  title  of  the  act  of  March 
13,  1909  (Stats.  1909,  c.  92),  in  addition  to 
referring  to  the  offenses  declared,  states  that 
its  purpose  is  to  establish  a  rule  of  evidence 
in  connection  therewith.  Section  2  makes 
the  failure  of  a  bank  within  thirty  days 
after  the  receipt  of  deposits  prima  .facie  evi- 
dence of  the  officers'  knowledge  of  its  insolv- 
ency, and  in  a  previous  part  it  is  provided 
that  any  officer  having  authority  to  close  the 
bank  or  to  prevent  the  receipt  of  deposits, 
who  does  not  exercise  such  authority,  shall 
be  "deemed"  to  have  assented  to  the  receipt 
of  deposits.  Held,  that  only  the  part  of 
the  section  relating  to  the  knowledge  imputed 
from  the  bank's  failure  is  evidential  in 
character,  while  the  word  "deemed,"  as  used 
in  the  section,  means  "adjudged,"  in  the 


officer  of  any  bank  who  "receives  any  depos-       sense  of  constituting  a  crime,  instead  of  a 


its"  knowing  that  the  bank  is  insolvent,  does 
not  penalize  the  act  of  assent  to  the  recep- 
tion of  a  deposit,  and,  where  a  receiving  tel- 
ler of  an  insolvent  incorporated  bank  received 


rule  of  evidence.  There  is  nothing  in  the 
act  of  March  13,  1909  (Stats.  1909,  c.  92), 
which  by  section  1  penalizes  the  receipt  or 
the  assent  to  the  receipt  of  deposits  by  a 


Sec.  6725  CRIMES  AND  PUNISHMENTS  1910 

bank    officer,    who    knows    the    bank    to    be  deposits,  which  makes  an  officer  of  an  incor- 

iusolvent,  and  by  section  2  provides  that  a  porated      bank      criminally      liable      simply 

bank    officer   having   authority   to   close   the  because  he  is  such  officer  with  knowledge  of 

bank  or  to  prevent  the  receipt  of  deposits,  the   bank's   insolvency,   or   because   deposits 

and    failing   to    exercise    such    authority,    is  are   being   received   for   the   bank   by   some 

deemed  guilty  of  assenting  to  the  receipt  of  other    officer.     Ex  Parte   Smith,   33    Nev.  — 

(111  P.  930). 

6725.  Idem— Failure  to  prevent  receipt  of  deposits. 

SEC.  460.  If  any  officer,  director,  cashier  or  manager  of  any  incorpo- 
rated bank,  having  authority  to  close  any  banking  institution  or  to  pre- 
vent the  reception  of  deposits  therein,  shall  not  exercise  such  authority 
and  prevent  the  receipt  of  deposits  therein  when  he  knows  such  bank  is 
insolvent  or  in  failing  circumstances,  he  shall  be  deemed  to  have  assented 
to  the  reception  of  any  deposits  received  therein,  and  the  failure,  suspen- 
sion or  involuntary  liquidation  of  any  such  bank  or  banking  corporation 
within  thirty  days  from  and  after  the  time  of  receiving  any  deposit  therein 
shall  be  prima  facie  evidence  of  knowledge  on  the  part  of  such  officer, 
director,  cashier  or  manager  that  such  bank  was  insolvent  or  in  failing 
circumstances  at  the  time  such  deposit  was  received  therein;  provided, 
that  if  any  director  at  any  meeting  of  the  directors  of  any  such  corporation 
held  during  the  thirty  days  next  preceding  the  failure,  suspension  or 
involuntary  liquidation  of  any  such  bank  or  banking  corporation,  shall 
record  his  vote  to  receive  no  more  deposits  therein  or  to  close  such  bank, 
he  shall  not  be  deemed  to  have  assented  to  the  reception  of  any  deposit  in 
such  bank,  within  the  meaning  of  this  section. 

6726.  Defrauding  inn  keeper— Penalty. 

SEC.  461.  Any  person  who  obtains  any  food  or  accommodation  at  any 
hotel,  inn,  restaurant,  boarding-house  or  lodging-house  without  paying 
therefor,  with  intent  to  defraud  the  proprietor  or  manager  thereof,  or  who 
obtains  credit  at  any  hotel,  inn,  restaurant,  boarding-house,  or  lodging- 
house  by  the  use  of  any  false  pretense,  or  who,  after  obtaining  credit  or 
accommodation  at  an  hotel,  inn,  restaurant,  boarding-house,  or  lodging- 
house,  absconds  or  surreptitiously  renjoves  his  baggage  therefrom  without 
paying  for  his  food  or  accommodations  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hun- 
dred dollars  or  by  imprisonment  in  the  county  jail  not  to  exceed  six  months. 

•6727.    Fraudulently  selling*  real  estate  twice. 

SEC.  462.  Any  person  or  persons,  after  once  selling,  bartering  or  dis- 
posing of  any  tract  or  tracts  of  land,  town  lot  or  lots,  or  executing  any  bond 
or  agreement  for  the  sale  of  any  lands  or  town  lot  or  lots,  who  shall  again, 
knowingly  and  fraudulently,  sell,  barter,  or  dispose  of  the  same  tract  or 
tracts  of  land,  or  town  lot  or  lots,  or  any  part  thereof,  or  shall  knowingly 
and  fraudulently  execute  any  bond  or  agreement  to  sell  or  barter,  or  dis- 
pose of  the  same  land,  or  lot  or  lots,  or  any  part  thereof,  to  any  other 
person  or  persons,  for  a  valuable  consideration,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  state  prison  not  less  than  one 
year  or  more  than  five  years. 

6728.    Business  name,  assumed,  prohibited. 

SEC.  463.  No  person  or  persons  shall  carry  on  or  conduct  or  transact 
business  in  this  state  under  any  assumed  names,  or  under  any  designation, 
name  or  style,  corporate  or  otherwise,  other  than  the  real  name  or  names 
of  the  individual  or  individuals  conducting  or  transacting  such  business, 
unless  such  person  or  persons  shall  file  in  the  office  of  the  clerk  of  the 
county  or  counties  in  which  such  person  or  persons  conduct,  or  transact, 
or  intend  to  conduct  or  transact  such  business,  a  certificate  setting  forth 
the  name  under  which  such  business  is,  or  is  to*  be,  conducted  or  trans- 


1911  CRIMES  AND  PUNISHMENTS  Sec.  (5733 

acted,  and  the  true  or  real  full  name  or  names  of  the  person  or  persons  con- 
ducting or  transacting  the  same,  with  the  postoffice  address  or  addresses  of 
said  person  or  persons.  Said  certificate  shall  be  executed  and  duly  acknowl- 
edged by  the  person  or  persons,  if  there  be  more  than  one,  so  conducting, 
or  intending  to  conduct  said  business. 

6729.  Idem— County  clerks  to  keep  list  of  certificates. 

SEC.  464.  The  several  county  clerks  of  this  state  shall  keep  an  alphabeti- 
cal index  of  all  persons  filing  certificates,  provided  for  in  the  next  preceding 
section,  and  for  the  indexing  and  filing  of  such  certificates,  they  shall 
receive  a  fee  of  fifty  cents.  A  copy  of  such  certificate  duly  certified  to  by 
the  county  clerk  in  whose  office  the  same  shall  be  filed,  shall  be  presump- 
tive evidence  in  all  courts  of  law  in  this  state  of  the  facts  therein  contained. 

6730.  Idem— Docs  not  apply  to  corporations. 

SEC.  465.  The  two  next  preceding  sections  shall  in  no  way  affect  or 
apply  to  any  corporation  duly  organized  under  the  laws  of  this  state,  or 
to  any  corporation  organized  under  the  laws  of  any  other  state  and  lawfully 
doing  business  in  this  state,  nor  be  deemed  or  construed  to  prevent  the  law- 
ful use  of  a  partnership  name  or  designation ;  provided,  that  such  partner- 
ship name  or  designation  shall  include  the  true  or  real  name  of  at  least  one 
of  such  persons  transacting  such  business. 

6731.  Idem— Penalty. 

SEC.  466.  Any  person  or  persons  carrying  on,  conducting  or  transact- 
ing business  contrary  to  the  provisions  of  the  three  preceding  sections 
and  without  complying  with  the  requirements  thereof,  shall  be  guilty  of 
a  misdemeanor. 

6732.  What  is  prima  facie  evidence. 

SEC.  467.  In  any  prosecution  under  the  next  succeeding  section,  proof 
that  any  of  the  acts  therein  forbidden  were  done  on  or  about  the  premises 
occupied  by  the  defendant  charged  with  the  commission  of  such  an  offense, 
or  that  he  received  the  use  or  benefit  of  such  water,  gas,  electricity  or 
power  by  reason  of  the  commission  of  any  such  acts,  shall  be  prima  facie 
evidence  of  the  guilt  of  such  defendant. 

6733.  Public  service  companies, certain  acts  against  unlawful— Penalty. 

SEC.  468.  Every  person  who  wilfully,  and  with  intent  to  injure  or 
defraud :  .  * 

1.  Opens,  breaks  into,  taps,  or  connects  with  any  pipe,  flume,  ditch,  con- 
duit, reservoir,  wire,  meter,  or  other  apparatus  belonging  to  or  used  by 
any  water,  gas,  irrigation,  electric,  or  power  company  or  corporation,  or 
belonging  to  or  used  by  any  other  person,  persons  or  association,  or  by 
the  state,  or  by  any  county,  city,  district  or  municipality,  and  takes  and 
removes  therefrom  or  allows  to  be  taken,  removed  or  flow  therefrom,  any 
water,  gas,  electricity  or  power  belonging  to  another;   or, 

2.  Connects  a  pipe,  tube,  flume,  conduit,  wire,  or  other  instrument  or 
appliance  with  any  pipe,  conduit,  tube,  flume,  wire,  line,  pole,  lamp,  meter 
or  other  apparatus  belonging  to  or  used  by  any  water,  irrigation,  gas, 
electric,  or  power  company  or  corporation,  or  belonging  to  or  used  by  any 
other  person,  persons  or  association,  in  such  manner  as  to  take  therefrom 
water,  gas,  electricity  or  power  for  any  purpose  or  use,  without  passing 
through  the  meter,  or  instrument,  or  other  means  provided  for  registering 
the  quantity  consumed  or  used ;  or, 

3.  Destroys,  detaches,  disconnects,  alters,  injures,  or  prevents  the  action 
of  a  head-gate,  meter,  or  other  instrument  or  means  used  to  measure  or 
register  the  quantity  of  water,  gas,  electricity,  or  power  consumed  or 
supplied;  or, 

4.  Injures  or  destroys,  or  interferes  with  the  efficiency  or  use/ or  suf- 


Sec.  6734  CRIMES  AND  PUNISHMENTS  1912 

fers  to  be  injured  or  destroyed,  any  pipe,  conduit,  flume,  wire,  pole,  line, 
lamp,  fixture,  hydrant,  or  other  attachment  or  apparatus  belonging  to  or' 
used  by  any  water,  irrigation,  gas,  electric,  or  power  company  or  corpora- 
tion, or  belonging  to  or  used  by  any  other  person,  persons  or  association ; 

Is  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  to  exceed  six  months,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court;  and  shall  moreover  be  liable  to  the 
person,  persons,  association  or  corporations,  or  the  owner  or  user  whose 
property  is  injured,  in  a  sum  equal  to  treble  the  amount  of  actual  damages 
sustained  thereby. 

6734.  Personating  an  officer. 

SEC.  469.  Every  person  who  shall  falsely  personate  a  public  officer, 
civil  or  military,  or  a  policeman,  or  a  private  individual  having  special 
authority  by  law  to  perform  an  act  affecting  the  rights  or  interests  of 
another,  or  who,  without  authority  shall  assume  any  uniform  or  badge  by 
which  such  an  officer  or  person  is  lawfully  distinguished,  and  in  such 
assumed  .character  shall  do  any  act  purporting  to  be  official,  whereby 
another  is  injured  or  defrauded,  shall  be  guilty  of  a  gross  misdemeanor. 

Falsely  impersonating  state  police  or  using  badge  of,  sec.  4291. 

6735.  Personating  another. 

SEC.  470.  Every  person  who  shall  falsely  represent  or  personate 
another,  and,  in  such  assumed  character,  shall  marry  another,  become  bail 
or  surety  for  any  party,  in  any  proceeding,  civil  or  criminal,  before  any 
court  or  officer  authorized  to  take  such  bail  or  surety,  or  confess  any  judg- 
ment, or  acknowledge  the  execution  of  any  conveyance  of  real  estate,  or  of 
any  other  instrument  which,  by  law,  may  be  recorded,  or  do  any  other  act 
in  the  course  of  any  suit,  proceeding,  or  prosecution,  whereby  the  person 
so  represented  or  personated  may  be  made  liable,  in  any  event,  to  the  pay- 
ment of  any  debt,  damages,  cost,  or  sum  of  money,  or  his  right  or  interest 
may,  in  any  manner,  be  affected,  shall  be  guilty  of  a  gross  misdemeanor. 

False  impersonation  of  physician,  sec.  2372. 

6736.  Personating-  another  same  as  stealing. 

SEC.  471.  Every  person  who  shall  falsely  represent  or  personate  another, 
a*nd,  in  such  assumed  character,  shall  receive  any  money  or  valuable  prop- 
erty of  any  description,  intended  to  be  delivered  to  the  person  so  person- 
ated, shall,  upon  conviction,  be  punished  in  the  same  manner  and  to  the 
same  extent  as  for  feloniously  stealing  the  money  or  property  so  received. 

6737.  Railroads  making  illegal  charge. 

SEC.  472.  Any  individual,  company  or  corporation  operating  any  rail- 
road in  this  state,  and  every  agent  of  such  company  or  corporation  who 
shall  violate  or  attempt  to  violate,  or  suffer  or  permit  to  be  done  any  act, 
matter  or  thing  in  violation  of  any  of  the  provisions  of  any  statute  of  this 
state,  which  prescribes  or  regulates  the  charges  which  may  be  made  and 
collected  by  any  individual,  company  or  corporation  operating  any  railroad 
in  this  state,  for  the  transportation  of  either  persons  or  property,  and  for 
which  no  other  penalty  is  provided,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  pay  a  fine  of  two  thousand  dollars. 

Rebates,  discrimination,  false  devices  by  railroads,. sees.  4570-4572,  4576. 
See  sec.  3581. 

6738.  Extortion  by  public  officer. 

SEC.  473.  Every  public  officer  who  shall  ask  or  receive,  or  agree  to 
receive  a  fee  or  other  compensation  for  his  official  service,  either — 


1913  CRIMES  AND  PUNISHMENTS  Sec.  (1740 

1.  In  excess  of  the  fee  or  compensation  allowed  to  him  by  statute  there- 
for ;    or, 

2.  Where  no  fee  or  compensation  is  allowed  to  him  by  statute  therefor, 
Commits  extortion,  and  is  guilty  of  a  misdemeanor. 

H739.    Blackmail. 

SEC.  474.  Every  person  who,  with  intent  thereby  to  extort  or  gain  any 
money  or  other  property  or  to  compel  or  induce  another  to  make,  subscribe, 
execute,  alter  or  destroy  any  valuable  security  or  instrument  or  writing 
affecting  or  intended  to  affect  any  cause  of  action  or  defense,  or  any  prop- 
erty, or  to  influence  the  action  of  any  public  officer,  or  to  do  or  abet  or 
procure  any  illegal  or  wrongful  act,  shall  threaten  directly  or  indirectly— 

1.  To  accuse  any  person  of  a  crime;  or, 

2.  To  do  an  injury  to  any  person  or  to  any  property;  or, 

3.  To  publish  or  connive  at  publishing  any  libel ;  or, 

4.  To  expose  or  impute  to  any  person  any  deformity  or  disgrace ;  or, 

5.  To  expose  any  secret, 

Shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more  than 
five  years  or  by  imprisonment  in  the  county  jail  for  not  more  than  one  year, 
or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  both  fine  and 
imprisonment. 

Bee  sees.  <;:;:;:>.  i;n:.  •  ;»:;*.  I;XL>L 

hi    :i    pro-emt  ion    for   maliciously    threaten  and     the    evidence     tends    to    show    that    the 

111,11  injury  to  the  person  with  intent   to  extort  \\  i  t'e   was   an   accessory   before  the  fact,  acts 

money,    evidence    of    similar    offenses    coin-  and    declarations    made   by   her    in   the   con- 

mitted    about  the   same  time  are   admissible  summation   of  the  unlawful  act  are  admissi- 

to  show  intent.       Where  a  man  and  wife  were  Me  against    the   husband.      State  V.  Vertrees, 

jointly  tried   for  threatening  to  commit   per-  ."..">   Xev. —  (112  P.  42). 
sonal     injury    with     intent    to    extort    money. 

()740.    Coercion. 

SEC.  475.  Every  person  who,  with  intent  to  compel  another  to  do  or 
abstain  from  doing  an  act  which  such  other  person  has  a  right  to  do,  or 
abstain  from  doing,  shall  wrongfully  and  unlawfully— 

1.  Use  violence  or  inflict  injury  upon  such  other  person  or  any  of  his 
family,  or  upon  his  property,  or  threaten  such  violence  or  injury;   or, 

2.  Deprive  such  person  of  any  tool,  implement  or  clothing,  or  hinder 
him  in  the  use  thereof;  or, 

3.  Attempt  to  intimidate  such  person  by  threats  or  force, 
Shall  be  guilty  of  a  misdemeanor. 

CHAPTER  25 
MISCELLANEOUS   CRIMES  AGAINST  PROPERTY 

6741.  Search    warrant   maliciously   procured.  6754.  Destruction  of  property — Trees — Post- 
0742.  Idem — Officer  exceeding  authority.  ing  bills. 

6743.  Forcible  entry  and  detainer.  6755.  Injury  to  baggage. 

6744.  Working     domestic     animals     without  6756.  Injuring  rafts  and  other  water  craft. 

consent.  (1757.  Injury  to  dam,  bridge,  flume,  or  other 

6745.  Imitating  lawful  brand.  structure. 

6746.  False     certificate     of    registration     of       6758.  Injury  to  jail. 

animals — False  representation  as  to  6759.  Cemetery     property,     destruction     of, 
breed.  misdemeanor — Penalty. 

6747.  Wounding  or  poisoning  cattle.  6760.  Injury  to  church  property. 

6748.  Obstruction  of  railroad  track,  felony.  6761.  Penalty. 

6749.  Malicious  injury  to  railroad  property.  6762.  Injury  to  other  property. 

6750.  False  signals  for  railways — Endanger-  6763.  Assayers  to  identify  bullion  or  amal- 

ing  cars,  vessels,  motors.  gam. 

6751.  Endangering     life     and     property     by       6764.  Idem — Neglect  or  refusal,  penalty. 

explosives.  6765.  Trespass  upon  land  of  another,  warn- 

n(r>2.   Injuring  public  utilities.  ing. 

6753.  Injury  to  property. 


Sec.  6741  CRIMES  AND  PUNISHMENTS  1914 

6766.  Hunting  on  inclosed  ground  unlawful,       6772.  Fast    riding    or    driving    on    bridges — 

when.  Penalty — Notice. 

6767.  Idem — Misdemeanor — Penalty.  6773.  Eiding  or  driving  on  sidewalks. 

6768.  Destruction  of  signs  or  notices  unlaw-       6774.  Defacement   or   obstruction   of   capitol 

ful.  grounds. 

6769.  Penalty  for  not  closing  gates.  07 75.  Poisoning  dogs,  misdemeanor. 

6770.  Running  water  on  highway.  6776.  Nursery  stock  must  bear  certificate  of 

6771.  Idem — Road     supervisor     to  notify —  inspection. 

Presumption.  6777.  Transportation  companies  liable — Mis- 

demeanor— Penalty. 

6741.  Search  warrant  maliciously  procured. 

SEC.  476.  Whoever  shall  maliciously,  and  without  probable  cause,  pro- 
cure a  search  warrant  to  be  issued  and  executed,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  a  sum  not 
exceeding  five  thousand  dollars,  or  imprisonment  not  exceeding  six  months. 

6742.  Idem— Officer  exceeding  authority. 

SEC.  477.  A  peace  officer  who,  in  executing  a  search  warrant,  shall  wil- 
fully exceed  his  authority,  or  exercise  it  with  unnecessary  severity,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  punished  as  in  the  next  preceding 
section  is  provided. 

6743.  Forcible  entry  and  detainer. 

SEC.  478.  Every  person  who  shall  unlawfully  use,  or  encourage  or  assist 
another  in  unlawfully  using,  any  force  or  violence  in  entering  upon  or 
detaining  any  lands  or  other  possessions  of  another;  and  every  person 
who,  having  removed  or  been  removed  therefrom  pursuant  to  the  order  or 
direction  of  any  court,  tribunal  or  officer,  shall  afterwards  unlawfully 
return  to  settle  or  reside  upon,  or  take  possession  of,  such  lands  or  posses- 
sions, shall  be  guilty  of  a  misdemeanor. 

See  Ex  Parte  Webb,  24  Nev.  238  (51  P.  1027);  Stroz/i  v.  Wines,  24  Nev.  389  (55  P.  828). 

6744.  Working  domestic  animals  without  consent. 

SEC.  479.  If  any  person  shall  use  or  work  any  horse  or  horses,  mule  or 
mules,  or  work  cattle  without  first  obtaining  the  consent  of  the  owner 
thereof,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  or  more 
than  three  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  fifty  days  or  more  than  three  hundred  days. 

6745.  Imitating  lawful  brand. 

SEC.  480.  Every  person  who,  in  any  county,  shall  place  upon  any  prop- 
erty, any  brand  or  mark  in  the  likeness  or  similitude  of  another  brand  or 
mark  filed  with  the  county  recorder  of  such  county  by  the  owner  thereof 
as  a  brand  or  mark  for  the  designation  or  identification  of  a  like  kind  of 
property,  shall — 

1.  If  done  with  intent  to  confuse  or  commingle  such  property  with,  or 
to  appropriate  to  his  own  use,  the  property  of  such  other  owner,  be  guilty 
of  a  felony,  and  be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  five  years,  or  by  imprisonment  in  the  county  jail  for  not  more 
than  one  year,  or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  both 
fine  and  imprisonment;   or, 

2.  If  done  without  such  intent,  shall  be  guilty  of  a  misdemeanor. 

This  section  shall  not  apply  to  any  act  for  which  a  penalty  is  elsewhere 
provided  in  this  act. 

See  schedule  of  statutoryjoffenses  nnder^other  titles  "Stock,"  preceding  this  aet.^SRSHB 

67467"  False  certificate  of  registration  of  animals— False  representation 

as  to  breed. 
SEC.  481.    Every  person  who,  by  color  or  aid  of  any  false  pretense,  rep- 


1915  CRIMES  AND  PUNISHMENTS  See.  6750 

resentation,  token  or  writing  shall  obtain  from  any  club,  association, 
society  or  company  for  the  improvement  of  the  breed  of  cattle,  horses,, 
sheep,  swine,  fowls  or  other  domestic  animals  or  birds,  a  certificate  of 
registration  of  any  animal  or  bird  in  a  herd-book,  or  other  register  of  any 
such  association,  society  or  company,  or  a  transfer  of  any  such  registra- 
tion, and  every  person  who  shall  knowingly  represent  an  animal  or  bird  for 
breeding  purposes  to  be  of  a  greater  degree  of  any  particular  strain  of 
blood  than  such  animal  actually  possesses,  shall  be  guilty  of  a  gross  mis- 
demeanor. 

Failure  to  keep  posted  pedigree  of  horses  misdemeanor,  see.  L'L'SS. 

1)747.    \Yoiindinjr  or  poisoning  cattle. 

SEC.  482.  Every  person  who  shall  wilfully  or  maliciously  wound,  with 
firearms,  knives,  or  other  deadly  weapon,  any  cattle  or  domestic  animal 
belonging  to  another  person,  or  administer  any  poison  to,  or  expose  any 
poisonous  substance  with  the  intent  that  the  same  shall  be  taken  or  swal- 
lowed by  any  cattle  or  domestic  animal  belonging  to  another  person,  shall 
on  conviction  be  punished  by  imprisonment  in  the  state  prison  not  less 
than  one  year  nor  exceeding  three  years,  or  by  fine  not  exceeding  five 
hundred  dollars,  or  both. 

Cited.  Feustermakcr  v.  I'a-.-.  L'u  NY\ .  •_".»<>  c_'l   1'.  :5±.M. 

6748.  Obstruction  of  railroad  track,  felony. 

SEC.  483.  Every  person  who  shall  wilfully  and  maliciously  place  any 
obstruction  on  the  track  of  any  railroad  in  the  state,  now  in  operation  or 
which  may  hereafter  be  put  in  operation  therein,  or  shall  tear  up  or 
remove  any  part  or  portion  of  such  railroad,  or  shall  destroy,  derange,  mis- 
place, or  injure  any  rail,  switch,  block  or  o.ther  signaling  device,  culvert, 
viaduct,  bridge,  car,  tender  or  engine,  or  wilfully  and  maliciously  do  or 
attempt  to  do  any  or  either  of  said  things,  or  any  other  act  or  thing, 
whereby  the  life  and  limb  of  any  person  may  be  endangered,  shall  be 
deemed  guilty  of  a  felony,  and  shall,  upon  conviction  thereof,  be  punished 
with  imprisonment  in  the  state  prison  for  a  period  not  exceeding  twenty- 
one  years. 

Kxcavatinjr  under  railroad,  see.  :to<>.">. 

Sec  schedule  of  statutory  offenses  under  other  titles  "  Railroads,"  preceding  this  act. 

6749.  Malicious  in.jury  to  railroad  property. 

SEC.  484.  If  any  person  or  persons  shall  without  authority  wilfully 
uncouple  or  detach  any  locomotive  or  tender  or  any  car  of  any  railroad 
train,  either  when  standing  or  in  motion  on  any  track  of  any  railroad,  or 
shall,  without  authority,  take  off  the  brake  of  any  railroad  car,  tender  or 
train,  or  shall  put  in  motion  any  locomotive,  tender,  car  or  train  without 
authority,  or  shall  throw  any  stone,  rock,  missile  or  any  substance  at  any 
railroad  train,  car,  locomotive  or  tender,  or  any  part  of  any  train,  or  shall 
discharge  any  gun,  pistol  or  any  other  firearm  at  any  train,  car,  locomotive 
or  tender,  or  shall  wrongfully  injure,  deface  or  damage  the  same,  or  any 
part  thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  be  punished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  fifty  days,  or  both. 

Sec  sec.  35Ho. 

8ee  note  to  sec.  6748. 

6750.  False  signals  endangering  cars,  vessels,  motors. 

SEC.  485.  Every  person  who,  in  such  manner  as  might,  if  not  discovered, 
endanger  a  vessel,  railway  engine,  motor,  train  or  car,  shall  show,  mask, 
extinguish,  alter  or  remove  any  light  or  signal,  or  exhibit  any  false  light  or 
signal,  shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more 
than  ten  years. 


Sec.  6751  CRIMES  AND  PUNISHMENTS  1916 

6751.  Endangering  life  and  property  by  explosives. 

SEC.  486.  Every  person  who  shall  maliciously  place  any  explosive  sub- 
stance or  material  in,  upon,  under,  against  or  near  any  building,  car,  vessel, 
railroad  track  or  structure,  in  such  manner  or  under  such  circumstances 
as  to  destroy  or  injure  the  same  if  exploded,  shall  be  guilty  of  a  felony, 
and  shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more 
than  twenty  years. 

6752.  Injuring1  public  utilities. 

SEC.  487.  Every  person  who  shall  wilfully  and  maliciously  remove, 
damage  or  destroy— 

1.  A  highway  or  a  private  way  laid  out  by  authority  of  law,  or  a  bridge 
upon  such  public  or  private  road,  or  wilfully  or  maliciously  cause  to  be 
placed  thereon  any  substance  or  thing  dangerous  to  any  person  or  animal 
traveling  thereon  or  which  might  injure  or  puncture  the  tire  of  any 
vehicle;  or, 

2.  A  pile  or  other  material  fixed  in  the  ground  and  used  for  securing  any 
bank  or  dam  of  any  river  or  other  water,  or  any  dike,  dock,  quay,  jetty  or 
lock;   or, 

3.  A  buoy  or  beacon  lawfully  placed  in  any  waters  within  this  state ;   or, 

4.  A  tree,  rock,  post  or  other  monument  erected  or  marked  for  the  pur- 
pose of  designating  a  point  on  the  boundary  of  the  state,  of  a  county,  city, 
town  or  of  a  farm,  tract  or  lot  of  land,  or  any  mark  or  inscription 
thereon;  or, 

5.  A  mile  board,  mile  stone  or  guide  post  erected  upon  a  highway,  or 
any  inscription  thereon ;  or, 

6.  A   telegraph,   telephone  'or   electric   transmission   line   or   any   part 
thereof,  or  any  appurtenance  thereto,  or  apparatus  connected  with  the 
operation  thereof;   or, 

7.  A  fence,  gate,  cattle  guard,  bridge,  water  tank,  mile  post,  car,  engine, 
motor  or  other  useful  structure  on  the  line  of  any  railway ;  or, 

8.  A  pipe  or  main  for  conducting  gas,  water  or  oil,  or  any  works  erected 
for  the  purpose  of  supplying  buildings  therewith,  or  any  appurtenance  or 
appendage  thereto ;  or, 

9.  A  sewer  or  drain,  or  a  pipe  or  main  connected  therewith  or  forming  a 
part  thereof ;  or, 

10.  A  ditch  or  flume  lawfully  erected  for  carrying  water  or  draining 
land;   or, 

11.  Any  engine,  hose,  hose-cart,  truck,  ladder,  extinguisher  or  other 
apparatus  used  by  any  fire  company  or  fire  department,  or  any  rope,  wire, 
bell,  signal,  instrument  or  apparatus  for  the  communication  of  alarms  of 
fire  or  police  calls ;  or, 

12.  Any  public .  building,   or  building  used  for  educational,   scientific, 
charitable    or    religious    purpose,    or    any    useful    or    ornamental    thing 
therein;  or, 

13.  Any  work  of  literature  or  art  or  copy  thereof,  object  of  curiosity  or 
scientific  interest,  statue,  picture  or  engraving,  displayed,  kept  or  erected 
in  any  public  building,  street,  park  or  other  public  place  or  in  any  collec- 
tion, exhibition,  museum,  fair,  gallery  or  library,  or  in  any  building  devoted 
to  educational,  scientific,  charitable  or  religious  purposes ;  or, 

14.  A  monument  erected  in  any  cemetery,  street,  park  or  other  public 
place;  or, 

15.  A  sign  or  notice  erected  or  posted  by  any  officer  under  lawful  author- 
ity, or  by  the  owner  or  occupant  of  the  premises  where  posted ;   or, 

16.  A  legal  notice  or  other  legal  paper  posted  in  compliance  with  the 


1917  CRIMES  AND  PUNISHMENTS  Sec.  6753 

requirement  of  any  statute  of  this  state,  or  under  the  direction  or  order  of 
a  court;   and, 
Every  person — 

17.  Who  shall  moor  any  vessel,  scow,  barge,  raft  or  boom  to  any  bridge 
or  to  any  buoy  or  beacon  lawfully  in  any  waters  within  this  state ;  or, 

18.  Who  shall  intercept,  read  or  in  any  manner  interrupt  or  delay  the 
sending  of  a  message  over  any  telegraph  or  telephone  line ;  or, 

19.  Who  shall  erect  or  maintain  any  unlawful  structure  in  any  stream 
or  river; 

Shall  be  guilty  of  a  misdemeanor. 

Injury  to  or  obstructing  telegraph  line,  sec.  4610. 

Defacing  or  destroying  guideboards  on  public  highways,  sec.  3028. 

Obstructing  highways,  sec.  3009. 

fi753.    Injury  to  property. 

SEC.  488.    Every  person  who  shall  wilfully  and  maliciously— 

1.  Cut  down,  destroy  or  injure  any  wood,  timber,  grain,  grass  or  crop, 
standing  or  growing,  or  which  has  been  cut  down  and  is  lying  upon  the 
lands  of  another,  or  of  the  state ;  or, 

2.  Cut  down,  girdle  or  otherwise  injure  a  fruit,  shade  or  ornamental 
tree  standing  on  the  land  of  another  or  of  the  state,  or  in  any  road  or 
street;  or, 

3.  Dig,  take  or.  carry  away  without  lawful  authority  or  consent,  from 
any  lot  or  land  in  any  city,  or  town,  or  from  any  lands  included  within  the 
limits  of  a  street  or  avenue  in  such  city  or  town,  any  earth,  soil  or  stone ;  or, 

4.  Enter  without  the  consent  of  the  owner  or  occupant,  any  orchard, 
garden,  vineyard  or  yard,  with  intent  to  take,  injure  or  destroy  any  thing 
there  grown  or  growing;  or, 

5.  Cut  down,  destroy  or  in  any  way  injure  any  shrub,  tree,  vine  or 
garden  produce  grown  or  growing  within  any  orchard,  garden,  vineyard  or 
yard,  or  any  framework  or  erection  therein ;  or, 

6.  Damage  or  deface  any  fence  or  building  or  part  thereof,  or  throw  any 
stone  or  other  missile  at  any  building  or  part  thereof,  thereby  damaging 
the  same  in  any  way ;  or, 

7.  Destroy  or  damage,  with  intent  to  prevent  or  delay  the  use  thereof, 
any  engine,  machine,  tool  or  implement  intended  for  use  in  trade  or 
husbandry;  or, 

8.  Untie,  unfasten  or  liberate,  without  authority,  the  horse  or  team  of 
another;   or  lead,  ride  or  drive  away,  without  authority,  the  horse,  team, 
automobile  or  other  vehicle  of  another  from  the  place  where  left  by  the 
owner  or  person  in  charge  thereof;  or, 

9.  Kill,  maim  or  disfigure  any  animal  belonging  to  another,  or  expose  any 
poisons  or  noxious  substance  with  intent  that  it  should  be  taken  by  such 
animal;  or, 

10.  Intrude  or  place  any  hovel,  shanty  or  building  upon  or  within  the 
limits  of  any  lot  or  piece  of  land  within  any  city  or  town,  without  the  con- 
sent of  the  owner,  or  within  the  boundaries  of  any  street,  in  such  city  or 
town;  or, 

11.  Kill,  wound  or  trap  any  animal  or  bird  within  the  limits  of  any 
cemetery,  park  or  pleasure  ground,  or  remove  therefrom  or  destroy  the 
young  of  any  such  animal  or  the  egg  of  any  such  bird ;  or, 

12.  Place  upon  or  affix  to  any  real  property  or  any  rock,  tree,  wall,  fence 
or  other  structure  thereupon,  without  the  consent  of  the  owner  thereof,  any 
word,  character  or  device  designed  to  advertise  any  article,  business,  pro- 
fession, exhibition,  matter  or  event;   or, 

13.  Suffer  any  animal  to  go  upon  the  enclosed  right-of-way  of  any  rail- 
121 


Sec.  6754  CRIMES  AND  PUNISHMENTS  1918 

way  company,  or  leave  open  any  gate  or  bars  so  that  an  animal  might  stray 
upon  such  right-of-way ; 
Shall  be  guilty  of  a  misdemeanor. 

See  State  v.  Rising,  10  Nev.  97. 

Public  utility  refusing  to  make  connections  with  consumers,  sees.  6844~684(>. 

6754.  Destruction  of  property— Trees— Posting  bills. 

SEC.  489.  Any  person  who  shall  wilfully,  unlawfully,  or  maliciously 
break,  destroy,  or  injure  the  door  or  window  of  any  dwelling  house,  shop, 
store,  or  other  house  or  building,  or  the  door,  window,  grating,  platform, 
wheels,  or  other  part  of  any  railroad  car,  or  sever  therefrom,  or  from  any 
gate,  fence  or  inclosure,  any  part  thereof,  or  any  material  of  which  it  is 
formed,  or  sever  from  the  freehold  any  produce  thereof,  or  anything 
attached  thereto,  or  pull  down,  injure,  or  destroy  any  gate,  post,  railing,  or 
fence,  or  any  part  thereof,  or  break,  destroy,  or  in  jure,  any  steamer,  or  other 
sailing  craft,  or  cut  down,  lap,  girdle,  otherwise  injure  or  destroy  any  fruit 
or  ornamental,  or  shade  tree,  being  the  property  of  another,  or  who  shall, 
without  the  consent  of  the  owner,  agent,  or  occupant  of  the  premises  or 
property  herein  mentioned,  deface,  disfigure,  or  cover  up  any  fruit  tree, 
or  ornamental  tree,  fence,  wall,  house,  shop,  or  building,  the  property  of 
another,  by  pasting  upon,  or  in  any  way  fastening  thereto,  any  printed  bill, 
sign-board,  show-poster,  or  other  device  whatsoever,  or  who  shall,  without 
a  written  permit  from  the  board  of  county  commissioners,  in  the  county 
wherein  such  written  permit  may  be  issued,  deface,  disfigure,  or  cover  up 
by  pasting  upon,  or  in  any  way  fastening  thereto,  any  printed  bills,  sign- 
board, show-poster,  or  other  device  whatsoever  upon  any  public  building, 
monument,  gravestone,  ornamental  tree,  or  other  object  or  property  under 
the  supervision  and  control  of  the  board  of  commissioners  of  the  respective 
counties  in  this  state,  or  under  the  supervision  and  control  of  any  muni- 
cipal government,  or  of  any  association  or  society  whatsoever,  shall  for 
each  and  every  such  offense  be  guilty  of  a  misdemeanor. 

Cutting  timber  unlawfully,  sees.  2114-2116. 

Selling  or  offering  for  sale  young  forest  trees,  sec.  2118. 

See  State  v.  Rising,  10  Nev.  100. 

6755.  Injury  to  baggage. 

SEC.  490.  Every  person  employed  by  any  person  or  corporation  engaged 
wholly  or  in  part  in  the  business  of  carrying  passengers  or  baggage  for 
hire,  and  every  express  agent,  stage  driver,  drayman,  expressman  or  hack- 
man  who  shall  wilfully  or  carelessly  break,  injure  or  destroy  any  trunk, 
valise,  box,  package  or  other  baggage,  shall  be  guilty  of  a  misdemeanor. 

6756.  Injuring  rafts  and  other  water  craft. 

SEC.  491.  Every  person  who  shall  wilfully  and  maliciously  injure,  or 
destroy  any  pile  or  raft  of  wood,  plank,  boards,  or  other  lumber,  or  any 
part  thereof,  or  cut  loose  or  set  adrift  any  such  raft  or  part  thereof,  or 
shall  cut,  break,  injure,  sink,  or  set  adrift  any  boat,  canoe,  skiff,  or  other 
vessel  or  water  craft,  being  the  property  of  another,  shall  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  imprisonment  in  the  county  jail 
not  exceeding  six  months. 

6757.  Injury  to  dam,  bridge,  flume,  or  other  structure. 

SEC.  492.  Every  person  who  shall  wilfully  and  maliciously  cut,  break, 
injure,  or  destroy  any  bridge,  mill  dam,  canal,  flume,  aqueduct,  reservoir, 
or  other  structure  erected  to  create  hydraulic  power,  or  to  conduct  water 
for  mining,  manufacturing,  or  agricultural  purposes,  or  any  embankment 
necessary  to  the  same,  or  either  of  them,  or  shall  wilfully  or  maliciously 
make,  or  cause  to  be  made,  any  aperture  in  such  dam,  canal,  flume,  aqueduct, 
reservoir,  embankment,  or  structure,  with  intent  to  injure  or  destroy  the 


1919  ,      CRIMES  AND  PUNISHMENTS  Sec.  6768 

same,  shall  be  punished  by  fine  in  any  sum  not  more  than  one  thousand  dol- 
lars, or  imprisoned  in  the  state  prison  not  less  than  one  year  nor  more 
than  two  years,  or  both. 

Misdemeanor  to  flood  highways  or  to  fail  to  construct  bridge?  over  ditches,  sees.  304o,  ;>()4(i. 

See  BCC8.  4704.  4707.  4701).  6770. 

Polluting  or  obstructing  streams,  sees.  471S.  (>"v47. 

6758.  Injury  to  jail. 

SEC.  493.  If  any  person  shall,  wilfully  and  intentionally,  break  down, 
pull  down,  or  otherwise  destroy  or  injure,  in  whole  or  in  part,  any  public 
jail,  or  other  place  of  confinement,  every  person  so  offending  shall,  on  con- 
viction, be  fined  in  any  sum  not  exceeding  ten  thousand  dollars,  nor  less 
than  the  value  of  the  said  jail  or  other  place  of  confinement  so  destroyed,  or 
of  such  injury  as  may  have  been  done  thereto  by  such  unlawful  act,  and  be 
imprisoned  in  the  state  prison  for  any  term  not  exceeding  five  years  nor 
less  than  one  year. 

6759.  Cemetery  property,  destruction  of.  misdemeanor— Penalty. 

SEC.  494.  Any  person  or  persons  who  shall  wilfully,  unlawfully,  and 
maliciously  break,  destroy  or  injure  in  any  manner,  any  monument,  grave- 
stone, curbing  or  vault  in  any  enclosed  private  or  public  cemetery,  or  who 
shall  pasture  or  caused  to  be  pastured,  any  live  stock  of  any  description 
within  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  be  fined  in  any  sum  not  exceeding  three  hundred  dollars, 
or  imprisoned  in  the  county  jail  for  a  term  not  exceeding  six  months,  or 
both. 

6760.  Injury  to  church  property. 

SEC.  495.  It  shall  be  a  misdemeanor  for  any  person  or  persons  to  wil- 
fully and  maliciously  injure,  mark  or  deface  any  church  edifice,  school 
house  or  other  building,  public  or  private,  its  fixtures,  books  or  appur- 
tenances, or  to  commit  any  nuisance  therein,  or  ,to  purposely  and  mali- 
ciously commit  any  trespass  upon  the  grounds  attached  thereto,  or  any 
fixtures  placed  thereon,  or  any  enclosure  or  sidewalk  about  the  same,  or  in 
any  manner  to  maliciously  and  purposely  interfere  with  or  disturb  those 
peaceably  assembled  within  such  building  or  buildings. 

Injuring  or  defacing  school  property,  sec.  .S455. 

6761.  Penalty. 

SEC.  496.  Any  person  or  persons  convicted  of  a  misdemeanor  under  the 
next  preceding  section  shall  be  subject  to  a  fine,  not  exceeding  two  hun- 
dred dollars,  or  imprisonment  in  the  county  jail,  not  to  exceed  six  months, 
or  both. 

See  sec.  .'>4o(). 

6762.  Injury  to  other  property. 

SEC.  497.  Every  person  who  shall  wilfully  or  maliciously  destroy  or 
injure  any  real  or  personal  property  of  another,  for  the  destruction  or 
injury  of  which  no  special  punishment  is  otherwise  specially  prescribed, 
shall — 

1.  If  the  value  of  the  property  destroyed,  or  the  diminution  in  value  by 
the  injury,  shall  be  less  than  twenty  dollars,  be  guilty  of  a  misdemeanor. 

2.  If  the  value  of  the  property  destroyed,  or  the  diminution  in  value  by 
the  injury,  shall  be  twenty  dollars  or  more,  be  guilty  of  a  gross  misde- 
meanor. 

Abstracting  or  defacing  newspapers  in  recorder's  office,  sec.  1(>42. 
Injury  to  property  in  state  library,  sec.  3950. 

6763.  Assayers  to  identify  bullion  or  amalgam. 

SEC.  498.     Every  person  or  firm  now  engaged  in,  or  who  may  hereafter 


Sec.  6764  CRIMES  AND  PUNISHMENTS  1920 

engage  in,  the  business  of  assaying  within  this  state,  shall  be  required  to 
place  a  written  description,  pasted  on  or  stamped  upon,  every  bar  of  bul- 
lion or  amalgam  melted,  retorted,  assayed,  or  refined  by  such  person  or 
firm,  containing  the  name  of  the  person  or  company  by  whom  such  bullion 
or  amalgam  was  deposited  with  or  sold  to  such  person  or  firm. 

Failure  of  assayer  or  other  person  to  make  inquiries  relative  to  bullion  purchased,  received 
or  transported  or  to  keep  correct  record,  sec.  2485. 
See  sees.  2483-2486. 

6764.  Idem— Neglect  or  refusal,  penalty. 

SEC.  499.  Every  person  or  firm  engaged  in  or  carrying  on  the  business 
mentioned  in  the  next  preceding  section,  who  shall  neglect  or  refuse  to 
comply  with  its  provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than  one 
thousand  dollars  and  not  more  than  five  thousand  dollars,  and  shall  be 
imprisoned  in  the  county  jail  not  less  than  one  month  nor  more  than  six 
months,  for  each  and  every  such  refusal  or  neglect. 

6765.  Trespass  upon  land  of  another,  warning. 

SEC.  500.  Every  person  who  shall  go  upon  the  land  of  another  with  intent 
to  vex  or  annoy  the  owner  or  occupant  thereof,  or  to  commit  any  unlawful 
act,  or  shall  wilfully  go  or  remain  upon  any  land  after  having  been  warned 
by  the  owner  or  occupant  thereof  not  to  trespass  thereon,  shall  be  guilty 
of  a  misdemeanor. 

Every  owner  or  other  occupant  of  any  land  shall  be  deemed  to  have 
given  a  sufficient  warning  against  trespassing,  within  the  meaning  of  this 
section,  who  shall  post  in  a  conspicuous  manner  on  each  side  thereof,  upon 
or  near  the  boundary,  at  intervals  of  not  more  than  seven  hundred  feet, 
signs  legibly  printed  or  painted  in  the  English  language,  warning  persons 
not  to  trespass. 

An  entryman  on  land  under  the  laws  of  the  United  States  shall  be  an 
owner  within  the  meaning  of  this  section. 

See  Strozzi  v.  Wines,  24  Nev.  389  (53  P.  828). 

6766.  Hunting  on  inclosed  ground,  unlawful,  when. 

SEC.  501.  It  shall  be  unlawful  for  any  person  to  shoot  or  discharge  fire- 
arms or  to  hunt  upon  or  within  any  inclosed  grounds  which  are  private 
property  and  where  signs  are  displayed  forbidding  such  hunting  or  shoot- 
ing, without  permission  obtained  from  the  owner,  or  person  in  the  posses- 
sion of  such  inclosed  ground. 

6767.  Idem— Misdemeanor— Penalty. 

SEC.  502.  Any  person  who  shall  violate  any  of  the  provisions  of  the  next 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor  and  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  in  a  sum  not  less  than  fifty  dollars, 
nor  more  than  two  hundred  dollars,  for  each  and  every  offense,  or  by 
imprisonment  in  the  county  jail  of  the  county  in  which  said  conviction  is 
had,  for  any  term  not  exceeding  six  months  or  both. 

6768.  Destruction  of  signs  or  notices  unlawful. 

SEC.  503.  It  shall  be  a  misdemeanor  for  any  person  to  maliciously  tear 
down,  mutilate  or  destroy  any  sign,  sign-board,  or  other  notice  forbidding 
hunting,  shooting  or  other  trespass  within  an  inclosure. 

6769.  Penalty  for  not  closing  gates. 

SEC.  504.  Any  person  or  persons  opening  and  passing  through  gates  or 
bars  when  said  gates  or  bars  are  placed  in  fences  inclosing  fields,  or  in 
fences  partly  inclosing  lands,  and  not  shutting  and  fastening  the  same, 
shall  be  deemed  guilty  of  a  misdemeanor ;  provided,  that  the  provisions  of 


1921  CRIMES  AND  PUNISHMENTS  Sec.  6773 

this  section  shall  not  apply  to  gates  in  towns  and  cities  nor  gates  necessary 
in  the  approach  to  any  building  or  works  where  the  passing  through  or  into 
fields  or  lands  is  not  contemplated. 

6770.  Running  water  on  highway. 

SEC.  505.  If  any  person  or  persons  being  the  owner  or  owners,  superin- 
tendent or  managing  agent  of  any  water  ditch,  flume  or  artificial  water- 
course, within  this  state,  or  other  person  or  corporation,  shall  wilfully, 
maliciously,  negligently  or  carelessly  allow  or  let  the  water  from  the  said 
ditch,  flume  or  artificial  watercourse  run  or  flow  into  or  upon  any  public 
road,  highway  or  common  street  or  alley  of  any  city,  town  or  village  within 
this  state,  so  as  to  make  the  said  public  road,  highway,  street  or  alley 
impassable  or  inconvenient  to  travel,  or  so  as  to  injure  the  same,  every 
person  so  offending  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  twenty  dollars  nor  more  than  five  hun- 
dred dollars  and  shall  be  imprisoned  until  the  fine  is  paid  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine. 

<»•»•  sees.  :\m'}.  :;mr>.  i;;:>7. 

6771.  Idem— Road  supervisor  to  notify— Presumption. 

SEC.  506.  Whenever  the  water  from  any  ditch,  flume  or  artificial  water- 
course in  this  state  shall  run  or  flow  into  or  upon  any  public  road,  highway, 
street  or  alley  of  any  city,  town  or  village  of  this  state,  and  the  road  super- 
visor within  whose  road  district  said  public  road,  highway,  street  or  alley 
is  situated,  and  in  case  there  is  no  road  supervisor,  then  any  member  of  the 
board  of  county  commissioners  of  the  county  within  which  said  public  road, 
highway,  street  or  alley  is  situated,  shall  notify  the  said  owner  or  owners, 
superintendent  or  managing  agent  of  said  ditch,  flume  or  artificial  course, 
that  the  water  from  the  same  is  or  has  been  flowing  into  or  upon  said 
public  road,  highway,  street  or  alley,  making  the  same  impassable  or 
inconvenient  to  travel  or  pass,  or  is  injuring  or  has  injured  the  same,  and 
if  the  said  owner  or  owners,  or  superintendent  or  managing  agent  of  said 
ditch,  flume  or  artificial  watercourse  refuse  or  neglect  for  five  days  to 
repair  the  same  and  prevent  the  water  from  flowing  into  or  upon  said 
public  road,  highway,  street  or  alley,  it  shall  be  prima  facie  evidence  of 
negligence. 

6772.  Fast  riding  or  driving  on  bridges— Penalty— Notice. 

SEC.  507.  Any  person  or  persons  riding  or  driving  any  animal  or 
animals  upon  any  toll  or  county  bridge  in  this  state  faster  than  a  walk 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment ;  provided,  that  the  county  commissioners,  or  owners  of  toll 
bridges,  shall  cause  to  be  placed  in  a  conspicuous  place  at  or  near  the  end  of 
such  bridge,  a  notice  warning  all  persons  not  to  ride  or  drive  animals  upon 
such  bridge  faster  than  a  walk. 

6773.  Riding  or  driving  on  sidewalks. 

SEC.  508.  Any  owner  or  occupant  of  land  may  construct  and  maintain 
a  sidewalk  in  the  highway  along  the  line  of  his  land,  subject,  however,  to 
the  authority  conferred  by  law  on  city  authorities,  the  boards  of  county 
commissioners  or  road  supervisors ;  and  sidewalks  already  constructed  and 
laid  out,  being  of  reasonable  limits  as  to  width,  and  so  as  not  to  operate 
as  an  obstruction  to  the  street  or  highway,  shall  be  maintained  and  pro- 
tected under  this  section,  and  any  person  who  shall  wilfully  and  inten- 
tionally ride  or  drive,  or  cause  to  be  ridden  or  driven,  any  animal,  vehicle 
or  other  thing  over  or  upon  such  sidewalk,  without  permission  of  the 


Sec.  6774  CRIMES  AND  PUNISHMENTS  1922 

owner  or  occupant,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  fined  in  any  sum  not  exceeding  twenty  dollars,  in 
addition  to  costs  of  prosecution. 

6774.  Defacement  or  obstruction  of  capitol  grounds. 

SEC.  509.  Any  person  who  shall  wilfully  deface,  break  down,  or  destroy 
any  fence  upon  or  surrounding  the  state  capitol  grounds,  or  who  shall 
erect  any  bulletin  board  or  other  advertising  device,  or  deposit  any  gar- 
bage, cord-wood,  empty  boxes,  or  other  debris  or  obstruction,  or  leave  any 
idle  vehicles  within  forty  feet  of  said  fence,  or  who  shall  injure,  break 
down,  or  destroy  any  tree,  shrub,  or  other  thing  upon  said  grounds,  belong- 
ing to  the  state,  or  shall  injure  the  grass  upon  the  capitol  grounds  by 
tramping  or  walking  upon  the  same,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  due  conviction  thereof,  shall  be  punished  by  a  fine  in 
any  sum  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

6775.  Poisoning  doj*1,  misdemeanor. 

SEC.  510.  Every  person  who  shall  wilfully  and  maliciously  administer  any 
poison  to,  or  expose  any  poisonous  substance  with  the  intent  that  the  same 
shall  be  taken  or  swallowed  by  any  dog,  either  of  the  male  or  female  kind, 
belonging  to  another,  shall  be  deemed  guilty  of  a  misdemeanor  and,  on 
conviction,  be  punished  by  imprisonment  in  the  county  jail  for  a  term  of 
not  less  than  two  months  nor  exceeding  six  months,  or  by  a  fine  of  not  less 
than  two  hundred  dollars  nor  exceeding  five  hundred  dollars,  or  by  both 
such  fine  and  imprisonment. 

6776.  Nursery  stock  must  bear  certificate  of  inspection. 

SEC.  511.  All  nursery  stock  shipped  from  other  states  to  points  within 
this  state,  whether  fruit  trees,  ornamental  trees,  shrubs,  vines,  cuttings, 
or  other  nursery  stock  of  any  description  whatever  shall  bear  on  the  out- 
side of  each  car,  crate,  bale,  bundle  or  package  a  label  giving  the  names  of 
the  consignor  and  consignee,  together  with  a  copy  of  an  inspection  cer- 
tificate of  recent  date.  Such  certificate  of  inspection  must  certify  that 
said  stock  has  been  inspected  and  found  free  from  insect  pests  or  plant 
diseases  of  any  kind.  It  must  bear  the  signature  of  the  state  entomolo- 
gist or  plant  pathologist  or  other  duly  qualified  person  in  authority  in  the 
state  in  which  said  nursery  stock  was  grown. 

6777.  Transportation  companies  liable— Misdemeanor— Penalty. 

SEC.  512.  No  corporation,  company,  or  individual  engaged  in  the  trans- 
portation of  freight  or  express  shall  make  delivery  of  any  nursery  stock 
lacking  such  official  certificate  of  inspection  to  the  consignee  or  his  agent 
within  this  state ;  and  any  agent  of  such  corporation,  company,  or  individ- 
ual who  does  make  delivery  of  any  uncertified  nursery  stock  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  for  not  less  than  five  nor 
more  than  thirty  days  or  by  both  such  fine  and  imprisonment  at  the  dis- 
cretion of  the  court,  and  any  such  fines  collected  under  the  provisions  of 
this  act  shall  be  paid  over  to  the  state  treasurer. 

CHAPTER  26 
CRIMES  BY  OR  AGAINST  EMPLOYER  OR  EMPLOYEE 

6778.  Public    work — Eight    hours    to    consti-       6780.  Blacklisting   prohibited. 

tute  day.  6781.  Blacklisting,  misdemeanor. 

6779.  Preventing  employment.  6782.  Employer    may    discharge    employee — 

Written   reasons  for  discharge. 


1923  CRIMES  AND  PUNISHMENTS  Sec.  6781 

(5783.  Unlawful  to  demand  money  for  giving  (5792.  Agreement  to  join  or  not  to  join  labor 

employment.  organization,   unlawful,   when. 

(57S4.  Employment    agencies    excepted.  6793.  Misdemeanor — Penalty. 

.  Fraud  by   employment  agent.  6794.  Bribery   of   labor  representative. 

6786.  Grafting  by  employee.  6795.  Labor   representative   receiving   bribe. 

6787.  Obtaining  employment  by  false  letter  6796.  Corrupt  influencing  of  agent. 

or  certificate.  *  <>797.  Regulating  use  of  collars,  sleeves  and 

6788.  Time    checks,    discounting,    unlawful,  pulleys. 

when.  ti7!>^.  Penalty  does  not  prevent  recovery  of 

6789.  Idem — Misdemeanor — Penalty.  damages. 

<J79«>.  Idem — When  not  applicable.  6799.  Safety  cages  in  mines. 

6791.  Corporation  store  or  boarding  house —       tisno.  Eecovery  of  damages. 

I'M  lawful  to  force  trading.  6801.    Lawful  and  peaceable  assembly. 

6778.  Public  work— Eiirht  hours  to  constitute  day. 

SEC.  513.  On  public  works,  all  works  or  undertakings  carried  on  or 
aided  by  the  state,  county  or  municipal  governments,  eight  hours  shall  con- 
stitute a  day's  labor.  Any  violation  of  the  provisions  of  this  section  shall 
be  deemed  a  misdemeanor  and  shall  subject  the  employee  as  well  as  the 
person  or  persons  acting  on  behalf  of  the  state,  county  or  municipal  gov- 
ernment in  the  employment  of  such  employee,  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  and  in  case  any  contract  is  let  for  any 
state,  county  or  municipal  government  work,  the  contractor  or  contractors 
violating  the  provisions  hereof  shall  be  punished  by  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  and  every  man  so  employed 
by  such  contractor  or  contractors,  and  in  addition  thereto  such  contract 
shall  be  forfeited  and  be  null  and  void;  provided,  that  nothing  herein  shall 
be  so  construed  as  to  prevent  the  preservation  or  protection  of  property  in 
cases  of  emergency. 

Ki<iht-hotir  l:i\v;    for  surface   men  at    mint's,  sees.  1941 ,  MM'J;    I'ur  underground  miners,  sec. 
i ;.V. 4:    for  smelters  :in«l  <>re  reduction  phints.  sec.  r,.V>r>;    for  plaster  ami  cement  mills,  sec.  «}.V>H. 
See  sec.  :I482. 

6779.  Preventing  employment. 

SEC.  514.  Any  person,  association,  company,  or  corporation  within  this 
state,  or  agent,  or  officer,  on  behalf  of  such  person,  association,  company 
or  corporation,  who  shall  hereafter  wilfully  do  anything  intended  to  pre- 
vent any  person  who  shall  have  for  any  cause  left  or  been  discharged  from 
his  or  its  employ  from  obtaining  employment  elsewhere  in  this  state,  shall 
be  deemed  guilty  of  a  misdemeanor,  punishable  by  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  two  hundred  and  fifty  dollars  for  each  offense, 
or  imprisonment  in  the  county  jail  at  the  rate  of  one  day  for  each  two  dol- 
lars of  such  fine  in  the  event  such  fine  be  not  paid. 

6780.  Blacklisting  prohibited. 

SEC.  515.  No  corporation,  company,  organization,  or  individual  shall 
blacklist  or  publish,  or  cause  to  be  blacklisted  or  published,  any  employee, 
mechanic,  or  laborer  discharged  by  such  corporation,  company,  organiza- 
tion, or  individual  with  the  intent  and  for  the  purpose  of  preventing  such 
employee,  mechanic,  or  laborer  from  engaging  in  or  securing  similar  or 
other  employment  from  any  other  corporation,  company,  organization,  or 
individual. 

6781.  Blacklisting,  misdemeanor. 

SEC.  516.  If  any  officer  or  agent  of  any  corporation,  company,  organiza- 
tion, or  individual,  or  other  person,  shall  blacklist  or  publish  or  cause  to 
be  blacklisted  or  published  any  employee,  mechanic  or  laborer  discharged 
by  such  corporation,  company,  organization,  or  individual,  with  the  intent 
and  for  the  purpose  of  preventing  such  employee,  mechanic  or  laborer 
from  engaging  in  or  securing  similar  or  other  employment  from  any  other 
corporation,  company,  organization,  or  individual,  or  shall  in  any  manner 
conspire  or  contrive  by  correspondence  or  otherwise,  to  prevent  such  dis- 


Sec.  6782  CRIMES  AND  PUNISHMENTS  1924 

charged  employee  from  procuring  employment,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not  less 
than  fifty,  nor  more  than  two  hundred  and  fifty  dollars,  or  be  imprisoned 
in  the  county  jail  not  less  than  thirty  nor  more  than  ninety  days,  or  both. 

6782.  Employer  may  discharge  employee— Written  reasons  for  discharge. 
SEC.  517.     The  two  preceding  sections  shall  not  be  construed  as  prohibit- 
ing any  corporation,  company,  organization  or  individual  from  giving  in 
writing,  on  application  from  such  discharged  employee,  or  any  corpora- 
tion, company,  organization  or  individual  who  may  desire  to  employ  such 
discharged  employee,  a  truthful  statement  of  the  reason  for  such  dis- 
charge; provided,  that  said  written  cause  of  discharge,  when  so  made  by 
such  person,  agent,  company,  organization  or  corporation  shall  not  be 
used  as  the  cause  for  an  action  for  libel,  either  civil  or  criminal,  against 
the  person,  agent,  company,  organization  or  corporation  so  furnishing  the 
same. 

6783.  Unlawful  to  demand  money  for  giving  employment. 

SEC.  518.  It  shall  be  unlawful  for  any  person  or  persons,  firm,  com- 
pany, association  or  corporation,  either  as  principal  or  agent,  to  charge, 
or  receive,  or  demand,  or  attempt  to  charge,  or  receive  or  demand,  any 
money  or  other  thing  of  value,  from  any  person  or  persons  whomsoever, 
upon  the  promise  of  hiring  or  retaining  such  person  or  persons  in  any 
employment  whatsoever,  or  by  threatening  to  discharge  such  person  or 
persons  from  any  such  employment,  whether  or  not  such  person  or  persons, 
firm,  company,  association  or  corporation,  either  as  principal  or  agent, 
may  have  the  right  or  authority  to  employ,  or  retain,  or  discharge  such 
person  or  persons,  in,  or  from  any  such  employment  whatsoever.  Any 
person  or  persons  convicted  of  the  violation  of  any  of  the  provisions  of  this 
section  shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  of 
not  less  than  one  year  nor  more  than  three  years. 

6784.  Employment  agencies  excepted. 

SEC.  519.  The  preceding  section  shall  not  apply  to  any  duly  and  regu- 
larly licensed  intelligence  office  for  the  employment  of  persons. 

6785.  Fraud  by  employment  agent. 

SEC.  520.  Every  employment  agent  or  broker  who,  with  intent  to  influ- 
ence the  action  of  any  person  thereby,  shall  misstate  or  misrepresent 
verbally,  or  in  any  writing  or  advertisement,  any  material  matter  relating 
to  the  demand  for  labor,  the  conditions  under  which  any  labor  or  service 
is  to  be  performed,  the  duration  thereof  or  the  wages  to  be  paid  therefor, 
shall  be  guilty  of  a  misdemeanor. 

6786.  Grafting  by  employee. 

SEC.  521.  Every  agent,  employee  or  servant  of  any  person  or  corpora- 
tion and  every  public  officer  who  shall  ask  or  receive,  directly  or  indirectly, 
any  compensation,  gratuity  or  reward,  or  any  promise  thereof,  upon  any 
agreement  or  understanding  that  he  shall  act  in  any  particular  manner  in 
connection  with  his  principal's,  employer's  or  master's  business,  or  his 
official  duties  or  the  public  service;  or  who  being  authorized  to  purchase 
or  contract  for  materials,  supplies  or  other  articles  or  to  employ  servants 
or  labor  for  his  principal,  employer  or  master,  or  for  the  state  or  any 
county  or  municipality,  or  for  the  public  service,  shall  ask  or  receive, 
directly  or  indirectly,  for  himself  or  another,  a  commission,  percentage, 
discount,  bonus  or  promise  thereof  from  any  person  with  whom  he  may 
deal  in  relation  to  such  matters,  shall  be  guilty  of  a  gross  misdemeanor. 


1925  CRIMES  AND  PUNISHMENTS  Sec.  6793 

6787.    Obtaining  employment  by  false  letter  or  certificate. 

SEC.  522.  Every  person  who  shall  obtain  employment  or  appointment  to 
any  office  or  place  of  trust,  by  color  or  aid  of  any  false  or  forged  letter  or 
certificate  of  recommendation,  shall  be  guilty  of  a  misdemeanor. 

False  advertising  or  deception  to  workmen  to  change  from  one  place  to  another,  sec.  193(5. 

0788.    Time  checks,  discounting,  unlawful,  when. 

SEC.  523.  Whenever  any  person  or  persons,  firm,  corporation  or  asso- 
ciation whether  acting  as  principal  or  agent,  contractor  or  subcontractor, 
shall  hire  or  employ  any  other  person  or  persons  for  the  performance  of 
any  labor,  or  service,  and  shall  issue  to  such  person  or  persons  time  checks 
for  the  labor  or  service  performed,  it  shall  be  unlawful  for  the  person  or 
persons,  firm,  corporation  or  association,  issuing  such  time  checks  to  dis- 
count the  same  or  deduct  therefrom  any  portion  of  the  same  as  such 
discount. 

Issuance  of  nomie^otiahle  paper  to  employees  for  indebtedness  due  for  labor,  sec.  1939. 

6789.  Mem— Misdemeanor— Penalty. 

SEC.  524.  Any  employer  of  labor,  or  his  agent  or  representative,  violat- 
ing the  provisions  of  the  next  preceding  section,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 'fine  of 
not  less  than  fifty  dollars  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days  nor  more 
than  six  months,  or  both. 

6790.  Idem—When  not  applicable. 

SEC.  525.  Nothing  in  the  two  next  preceding  sections  shall  apply  to 
persons,  firms,  associations  or  corporations,  making  discounts,  deduction, 
or  pro  rata  payments  in  the  course  of  bankruptcy  or  insolvency  proceed- 
ings, or  in  the  settlement  of  the  estates  of  deceased  persons. 

6791.  Corporation  store  or  boarding  house— I Tn lawful  to  force  trading. 
SEC.  526.    Any  person  or  persons,  employer,  company,  corporation  or 

association,  or  the  managing  agent  of  any  person  or  persons,  employer, 
company,  corporation  or  association,  doing  or  conducting  business  in  this 
state,  who  by  coercion,  intimidation,  threats  or  undue  influence,  compels 
or  induces  his  or  her  employees  to  trade  at  any  particular  store,  or  board 
at  any  particular  boarding  house,  in  this  state,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  a  period  of  not  less  than  thirty  days,  nor  more 
than  one  hundred  days,  or  by  both  such  fine  and  imprisonment. 

6792.  Agreement  to  join  or  not  to  join  labor  organization  unlawful,  when. 
SEC.  527.    It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 

make  or  enter  into  any  agreement,  either  oral  or  in  writing,  by  the  terms 
of  which  any  employee  of  such  person,  firm  or  corporation,  or  any  person 
about  to  enter  the  employ  of  such  person,  firm  or  corporation,  as  a  con- 
dition for  continuing  or  obtaining  such  employment,  shall  promise  or 
agree  not  to  become  or  continue  a  member  of  a  labor  organization,  or  shall 
promise  or  agree  to  become  or  continue  a  member  of  a  labor  organization. 

6793.  Misdemeanor— Penalty. 

SEC.  528.  Any  person  or  persons,  firm  or  firms,  corporation  or  corpora- 
tions, violating  the  provisions  of  the  next  preceding  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  fifty  nor  more  than  three  hundred  dollars,  or  be  impris- 


Sec.  6794  CRIMES  AND  PUNISHMENTS  1926 

oned  in  the  county  jail  for  a  period  of  not  less  than  twenty-five  days  nor 
more  than  five  months,  or  by  both  such  fine  and  imprisonment. 

6794.  Bribery  of  labor  representative. 

SEC.  529.  Every  person  who  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward  to  any  duly  constituted 
representative  of  a  labor  organization,  with  intent  to  influence  him  in 
respect  to  any  of  his  acts,  decisions  or  other  duties  as  such  representative, 
or  to  induce  him  to  prevent  or  cause  a  strike  by  the  employees  of  any  per- 
son or  corporation,  shall  be  guilty  of  a  gross  misdemeanor. 

6795.  Labor  representative  receiving  bribe. 

SEC.  530.  Every  person  who,  being  the  duly  constituted  representative 
of  a  labor  organization,  shall  ask  or  receive,  directly  or  indirectly,  any 
compensation,  gratuity  or  reward,  or  any  promise  thereof,  upon  any  agree- 
ment or  understanding  that  any  of  his  acts,  decisions  or  other  duties 
as  such  representative,  or  any  act  to  prevent  or  cause  a  strike  of  the 
employees  of  any  person  or  corporation  shall  be  influenced  thereby,  shall 
be  guilty  of  a  gross  misdemeanor. 

6796.  Corrupt  influencing  of  agent. 

SEC.  531.  Every  person  who  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward  to  any  agent,  employee 
or  servant  of  any  person  or  corporation,  with  intent  to  influence  his  action 
in  relation  to  his  principal's,  employer's  or  master's  business,  shall  be 
guilty  of  a  gross  misdemeanor. 

6797.  Regulating  use  of  collars,  sleeves  and  pulleys. 

SEC.  532.  It  shall  be  unlawful  for  any  person,  company  or  corporation, 
to  construct  or  place  any  shaft  or  shafting  with  collars,  sleeves  or  pulleys 
over  two  feet  in  diameter  attached  or  secured  to  any  such  shaft  by  set 
screws  projecting  above  the  hub  of  such  collars,  sleeves  or  pulleys.  In  all 
such  cases  where  set  screws  are  used,  the  heads  thereof  shall  be  counter- 
sunk below  the  surface  of  the  hub  of  the  collar,  sleeve  or  pulley  in  which 
they  are  placed.  Any  person  or  corporation  who  shall  fail  or  refuse  to 
comply  with  the  requirements  of  this  section,  when  constructing  or  chang- 
ing any  machinery,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars. 

6798.  Penalty  does  not  prevent  recovery  of  damages. 

SEC.  533.  Nothing  contained  in  the  next  preceding  section  shall  be  so 
construed  as  to  prevent  recovery  in  a  suit  for  damages,  for  injuries  sus- 
tained by  the  party  so  injured  or  by  his  heirs  or  administrators. 

6799.  Safety  cages  in  mines. 

SEC.  534.  It  shall  be  unlawful  for  any  person  or  persons,  company  or 
companies,  corporation  or  corporations,  to  sink  or  work  through  any  verti- 
cal shaft,  at  a  greater  depth  than  three  hundred  and  fifty  feet,  unless  the 
said  shaft  shall  be  provided  with  an  iron-bonneted  safety  cage,  to  be  used 
in  the  lowering  and  hoisting  of  the  employees  of  such  person  or  persons, 
company  or  companies,  corporation  or  corporations.  The  safety  appa- 
ratus shall  be  securely  fastened  to  the  cage  and  shall  be  of  sufficient 
strength  to  hold  the  cage  loaded  at  any  depth  to  which  the  shaft  may  be 
sunk.  In  any  shaft  less  than  three  hundred  and  fifty  feet  deep  where  no 
safety  cage  is  used  and  where  crosshead  or  crossheads  are  used,  platforms 
for  employees,  to  ride  upon  in  lowering  and  hoisting  said  employees  shall 
be  placed  above  said  crosshead  or  crossheads.  Any  person  or  persons, 
company  or  companies,  corporation  or  corporations  or  the  managing  agent 


1927  CRIMES  AND  PUNISHMENTS  Sec.  6802 

of  any  person  or  persons,  company  or  companies,  corporation  or  corpora- 
tions, violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  the  sum  of  five 
hundred  dollars,  or  imprisoned  in  the  county  jail  for  a  term  of  six  months, 
or  by  both  such  fine  and  imprisonment. 

6800.  Recovery  of  damages. 

SEC.  535.  Nothing  contained  in  the  next  preceding  section  shall  be  so 
construed  as  to  prevent  recovery  being  had  in  a  suit  for  damages  for 
injuries  sustained  by  the  party  so  injured,  or  his  heir  or  administrator  or 
administratrix,  or  any  one  else  now  competent  to  sue  in  an  action  of  such 
character. 

6801.  Lawful  and  peaceable  assembly. 

SEC.  536.  No  part  of  this  act  shall  be  construed  to  restrict  or  prohibit 
the  orderly  and  peaceably  assembling  or  cooperation  of  persons  employed 
in  any  profession,  trade  or  handicraft,  for  the  purpose  of  securing  an 
advance  in  the  rate  of  wages,  or  compensation,  or  for  the  maintenance  of 
such  rate. 


Sec  sec. 

Mutt-  v.  Ilcnnrssv.  •_".»  Nc\.  :;•_'()  <  '.Ml  P.  L'l'l  l:  Branson  v.  I.  \V.  \V.,  .">()  Nov.  1M)  (>">  P.  354). 

CHAPTER  27 

CORRUPTING  ELECTORS—  WRONGFUL  EXERCISE  OF  POWER—  OBSTRUCTING  AN 
OFFICER—  OPPRESSION  UNDER  COLOR  OF  OFFICE—  VENDING  WITHOUT  A 
LICENSE—  KILLING  BIRDS—  CRUELTY  TO  ANIMALS—  OFFENSES  BY  IMPRIS- 
ONED PERSONS—  EXTORTION—  EMPLOYMENT  OF  CHILDREN—  COMMON-LAW 
AND  MISCELLANEOUS  CRIMES. 

6x<>L'.  Corrupting  or  intimidating  electors.  «ixl8.  Tried  pending  term   of  imprisonment. 

'.MI.;.   Corrupt  practices  at  elections.  f.sp.i.   Causing    death    in    attempt   to    escape, 

I.MI}.    Wrongful   exercise  of  official  power.  first  degree  murder. 

liso.l.   Obstructing    public   officer.  I'^i'O.  Costs,  how  paid. 

(ism;,  oppression  under  color  of  office.  'isi'l.  Property  obtained  by  extortion. 

»;sii7.  Kxtortion  of  confession  —  Refusing  (5822.  Felony  to  take  property  from  person 
accused  communication.  of  another. 

6808.   Acting   without  lawful   authority.  <M':;.   Employment    of    minors    in    begging, 

r.Mi'.t.   Licenses  to  be  posted.  dangerous   or  immoral  pursuit  pro- 

fix  lo.   Vending  without  license.  hibited. 

6811.  American  eagle  —  Unlawful  to  kill.  6824.  Employment  of  children  without  per- 

6812.  Song,  'plume,   and   insectivorous   birds  in  it  of  district  judge. 

not  to  be  killed.  682o.  Telegrams  to  show  time  of  transmis- 

li.xis.  Idem  —  Prosecution  —  Duty    of    officers.  sion  —  Penalty. 

6814.  Dead   body  —  Removal    of   or   handling       6826.  Denial     of    libelous    article    must     bo 

prohibited,   when.  published. 

6815.  Cruelty    to    animals  —  Diseased    not    to       6827.  Common-law   crimes. 

run  at  large.  6828.  Other  violations  by  officers. 

6816.  Producing   or   selling   certain    adulter-—  6829.  Wearing      dangerous      hatpin  —  Misde- 

ated  liquors.  meaner. 

6817.  Communications  with  prisoners.  6830.  Idem  —  Exception. 

6802.    Corrupting  or  intimidating  electors. 

SEC.  537.  Every  person  who,  by  force,  threats,  menaces,  bribery  or  any 
other  corrupt  means,  either  directly  or  indirectly,  attempts  to  influence  an 
elector  in  giving  his  vote,  or  to  deter  him  from  giving  the  same,  or  attempts 
by  any  means  to  awe,  restrain,  hinder,  or  disturb  any  elector  in  the  free 
exercise  of  the  right  of  suffrage,  or  defrauds  any  elector  at  any  general, 
special  or  primary  election  by  deceiving  and  causing  such  elector  to  vote 
for  a  different  person  or  office  other  than  he  intended  or  desired  to  vote 
for,  or  who,  being  inspector,  judge,  or  clerk  at  any  election,  while  acting 
as  such,  induces,  or  attempts  to  induce,  any  elector,  either  by  menace  or 
reward,  or  promise  thereof,  to  vote  differently  from  what  such  elector 


Sec,  6803  CRIMES  AND  PUNISHMENTS  1928 

intended  or  desired  to  vote,  shall  be  guilty  of  felony,  punishable  by  fine  not 
exceeding  one  thousand  dollars,  or  imprisonment  in  the  state  prison  not 
exceeding  five  years,  or  both. 

See  schedule  of  statutory  offenses  under  other  titles  "Election,"  preceding  this  act. 

6803.  Corrupt  practices  at  elections. 

SEC.  538.  Every  person  who,  with  intent  to  promote  the  election  of  him- 
self or  any  other  person,  either : 

1.  Furnishes  entertainment  at  his  expense  to  any  meeting  of  electors 
previous  to  or  during  an  election ; 

2.  Pays  for,  procures,  or  engages  to  pay  for  any  such  entertainment ; 

3.  Furnishes  or  engages  to  pay  or  deliver  any  money  or  property  for 
the  purpose  of  procuring  the  attendance  of  voters  at  the  polls,  or  for  the 
purpose  of  compensating  any  person  for  procuring  attendance  of  voters 
at  the  polls,  except  for  the  conveyance  of  voters  who  are  sick  or  infirm ; 

4.  Furnishes  or  engages  to  pay  or  deliver  any  money  or  property  for  any 
purpose  intended  to  promote  the  election  of  any  candidate,  except  for  the 
expenses  of  holding  and  conducting  public  meetings  for  the  discussion  of 
public  questions,  and  of  printing  and  circulating  ballots,  handbills,  and 
other  papers,  previous  to  such  election,  shall  be  guilty  of  a  misdemeanor, 
punishable  by  fine  not  exceeding  five  hundred  dollars  or  imprisonment  not 
exceeding  six  months  in  the  county  jail. 

See  note  to  sec.  6802. 

6804.  Wrongful  exercise  of  official  power. 

SEC.  539.  If  any  person  shall  wilfully  take  upon  himself  to  exercise  or 
officiate  in  any  office  or  place  of  another,  without  being  lawfully  authorized 
thereto,  he  shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding  one 
thousand  dollars. 

6805.  Obstructing'  public  officer. 

SEC.  540.  Every  person  who,  after  due  notice,  shall  refuse  or  neglect  to 
make  or  furnish  any  statement,  report  or  information  lawfully  required  of 
him  by  any  public  officer,  or  who,  in  such  statement,  report  or  information 
shall  make  any  wilfully  untrue,  misleading  or  exaggerated  statement,  or 
who  shall  wilfully  hinder,  delay  or  obstruct  any  public  officer  in  the  dis- 
charge of  his  official  powers  or  duties,  shall,  where  no  other  provision  of 
this  act  applies,  be  guilty  of  a  misdemeanor. 

6806.  Oppression  under  color  of  office. 

SEC.  541.  Every  officer,  or  person  pretending  to  be  such,  who  unlawfully 
and  maliciously,  under  pretense  or  color  of  official  authority  shall— 

1.  Arrest  another  or  detain  him  against  his  will;  or 

2.  Seize  or  levy  upon  another's  property;   or 

3.  Dispossess  another  of  any  lands  or  tenements ;  or 

4.  Do  any  act  whereby  another  person  shall  be  injured  in  his  person, 
property  or  rights ; 

Commits  oppression  and  shall  be  guilty  of  a  gross  misdemeanor. 

6807.  Extortion  of  confession— Refusing  accused  communication. 

SEC.  542.  No  officer  or  person  having  the  custody  and  control  of  the 
body  or  liberty  of  any  person  under  arrest,  shall  refuse  permission  to  such 
arrested  person  to  communicate  with  his  friends  or  with  an  attorney,  nor 
subject  any  person  under  arrest  to  any  form  of  personal  violence,  intimida- 
tion, indignity  or  threats  for  the  purpose  of  extorting  from  such  person 
incriminating  statements  or  a  confession.  Any  person  violating  the  pro- 
visions of  this  section  shall  be  guilty  of  a  misdemeanor. 


1929  CRIMES  AND  PUNISHMENTS  Sec.  6812 

6808.  Acting:  without  lawful  authority. 

SEC.  543.  Every  person  who  shall  in  any  case  not  otherwise  specially 
provided  for,  do  any  act,  for  the  doing  of  which  a  license  or  other  authority 
is  required  by  law,  without  having  such  license  or  other  authority  as 
required  by  law,  shall  be  guilty  of  a  misdemeanor. 

6809.  Licenses  to  be  posted. 

SEC.  544.  Every  person  required  by  the  laws  of  this  state  to  obtain  a 
license  for  the  transaction  of  any  kind  of  business  in  any  fixed  or  certain 
locality  therein,  shall  post  such  license  conspicuously  in  his  establishment 
or  place  of  business,  and  keep  the  same  so  conspicuously  posted  until  such 
license  has  expired,  or  he  ceases  to  transact  such  business.  Any  person 
who  shall  fail  to  post  or  keep  posted  a  license  as  required  by  this  section, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  less  than  ten  nor  more  than  one  hundred  dollars. 

6810.  Vending1  without  license. 

SEC.  545.  Any  person  or  persons  who  shall  vend,  by  wholesale  or  retail, 
any  spirituous,  or  malt,  or  vinous  liquors,  or  any  goods,  wares,  or  mer- 
chandise, within  any  county  in  this  state,  without  first  obtaining  a  license 
so  to  do,  as  required  by  law,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  be  fined  in  a  sum  of  not  less  than  twenty-five  nor 
more  than  two  hundred  dollars,  for  each  and  every  offense.  Upon  the 
trial  of  any  criminal  action  provided  for  by  this  section,  the  defendant 
shall  be  deemed  not  to  have  procured  any  such  license,  unless  he  prove  the 
contrary  to  the  satisfaction  of  the  court  or  jury  by  whom  the  same  is 
tried. 

Foreign  corporation  and  agents  doing  business  without  authority,  sec.  !.">'>»>. 
Soliciting  business  for  unlicensed  foreign  building  and  loan  association,  sec.  l.T>s. 
Moiug  business  after  license  revoked,  sec.  3870. 

I  iisurance  company  transacting  certain  business  \\itlioiit  authority,  sec.  1309. 
I>oiiig  insurance  business  without  license,  sec.  12.SO. 
Doing  business  without  license,  sec.  3737. 
Peddling  without  license,  sec.  373.~>. 

Running  automobiles  for  rent  without  license,  sec.  3878. 

See  Ex  Parte  Siebenhauer,  14  Nev.  :'.»;:>;  Mandelbaum  v.  Gregovich,  17  Nev.  S7  (45  A.  K. 
433:  2.s  1>.  121);  Ex  Parte  Rosenblatt,  19  Nev.  439  (3  A.  S.  901,  14  P.  298). 

6811.  American  eagle— Unlawful  to  kill. 

SEC.  546.  It  shall  be  unlawful  for  any  person  or  persons,  firm,  company, 
corporation  or  association  to  kill,  destroy,  wound,  trap,  injure,  keep  in 
captivity,  or  in  any  other  manner  to  catch  or  capture,  or  to  pursue  with 
such  intent  the  bird  known  as  the  American  eagle,  or  to  take,  injure  or 
destroy  the  nest  or  eggs  of  said  before-mentioned  bird.  Any  person  or 
persons,  firm,  company,  corporation  or  association  violating  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  fine  in  any  sum  not  less  than 
twenty-five  dollars,  nor  more  than  two  hundred  dollars,  or  imprisonment 
in  the  county  jail  for  any  term  not  exceeding  six  months,  or  both. 

6812.  Song,  plume,  and  insectivorous  birds  not  to  be  killed. 

SEC.  547.  Every  person  who  shall  kill,  or  destroy  the  eggs  of  any  wild 
canary,  wren,  linnet,  thrush,  robin,  bluebird,  oriole,  hummingbird, 
meadowlark,  snowbird  or  other  song,  plume  or  insectivorous  bird,  is  guilty 
of  a  misdemeanor. 

This  section  shall  not  apply  to  English  sparrows,  the  killing  of  which  is 
authorized,  or  to  any  bird  for  the  killing  of  which  an  open  season  is  pro- 
vided by  the  game  laws  of  this  state. 


Sec.  6813  CRIMES  AND  PUNISHMENTS  1930 

6813.  Idem— Prosecution— Duty  of  officers. 

SEC.  548.  It  shall  be  the  duty  of  the  sheriff  and  his  deputies,  constable 
and  his  deputies,  district  attorney  and  all  other  peace  officers  in  this  state, 
upon  receiving  information  from  any  person,  that  any  provisions  of  the 
next  preceding  section  have  been  violated,  to  immediately  institute  pro- 
ceedings in  the  proper  court  against  the  person  or  persons  thus  complained 
of,  and  prosecute  the  same  with  reasonable  diligence  to  final  judgment, 
and  any  peace  officer  refusing  to  make  complaint  or  institute  proceedings 
as  herein  provided,  shall  be  guilty  of  a  misdemeanor  in  office,  and  fined 
in  any  sum  not  exceeding  twenty-five  dollars. 

6814.  Dead  body— Removal  of  or  handling;  prohibited,  when. 

SEC.  549.  In  all  cases  of  death  where  the  person  was  not  attended  in  his 
or  her  last  sickness  by  a  physician,  or  where  the  person  was  so  attended 
by  a  physician  if  the  death  was  surrounded  by  circumstances  such  as  to 
afford  reasonable  grounds  to  suspect  that  the  death  had  been  occasioned 
by  unnatural  causes,  the  dead  body,  and  the  clothing,  property,  goods,  and 
effects  belonging  to  the  deceased  shall  not  be  touched,  handled,  or  removed 
by  any  person,  except,  if  necessary,  to  move  it  to  the  nearest  shelter, 
but  the  person  acting  as  coroner  of  the  county  shall  be  immediately  noti- 
fied of  such  death;  and  said  coroner,  when  so  notified,  shall  take  charge 
of  the  body,  goods,  and  effects  and  proceed  to  hold  an  inquest  over  the 
same  and  ascertain  all  the  facts  and  circumstances  attending  said  death. 
Nothing  in  this  section  shall  apply  to  communities  having  no  official 
authorized  to  act  as  coroner.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  both. 

See  sec.  6549  and  note. 

6815.  Cruelty  to  animals— Diseased  not  to  run  at  large. 

SEC.  550.  Every  person  who  shall  overdrive,  overload,  torture,  torment, 
deprive  of  sufficient  and  necessary  sustenance,  or  maliciously  or  cruelly 
beat,  maim,  mutilate,  injure  or  torture  any  living  animal  belonging  to  him- 
self or  another,  or  shall  cause  any  animal,  bull,  bear,  dog,  cock,  or  other 
creature  to  fight,  worry  or  injure  each  other,  or  who  shall  permit  the  same 
to  be  done  on  premises  under  his  charge  or  control,  or  who  shall  aid,  abet 
or  be  present  at  such  fighting  or  worrying  of  such  animals  as  a  spectator 
for  an  admission  fee,  and  every  owner,  driver,  or  possessor,  of  any 
maimed  or  diseased  horse,  mule,  ox,  cow  or  other  domestic  animal  who 
shall  permit  the  same  to  run  at  large  on  any  public  highway  or  in  any 
street,  alley,  or  vacant  lot  of  any  town  or  city  for  more  than  three  hours 
after  knowledge  thereof,  shall  be  guilty  of  a  misdemeanor. 

See  sec.  6531. 

Unlawful  to  confine  stock  on  railroad  for  more  than  thirty-six  hours,  sees.  3572,  3585. 

See  sees.  1378-1380. 

6816.  Producing  or  selling-  certain  adulterated  liquors. 

SEC.  551.  Every  person  who,  by  mixing,  compounding  or  distilling  low 
wines  or  ardent  spirits,  or  who,  by  adding  thereto  any  flavoring  or  other 
substance,  shall  produce,  or  who  shall  sell  or  offer  for  sale  or  have  in  his 
possession  with  intent  to  sell  any  liquor  known  as  whisky,  gin  or  brandy, 
so  produced,  shall  be  guilty  of  a  gross  misdemeanor. 

See  sec.  3486. 

6817.  Communications  with  prisoners. 

SEC.  552.  No  person  shall  visit,  or  in  any  manner  communicate  with 
any  prisoner  convicted  of  or  charged  with  any  felony,  imprisoned  in  the 
county  jail,  other  than  the  officer  having  such  prisoner  in  charge,  his 


1931  CRIMES  AND  PUNISHMENTS  Sec.  6828 

attorney,  or  the  district  attorney,  except  such  person  has  a  written  per- 
mission so  to  do,  signed  by  the  district  attorney,  or  has  the  consent  of  the 
constable,  sheriff,  or  warden,  having  such  prisoner  in  charge.  Any  person 
violating,  aiding  in,  conniving  at,  or  participating  in  the  violation  of  this 
section,  shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding  five 
thousand  dollars,  or  imprisoned  in  the  state  prison  not  exceeding  one  year, 
or  both. 

6818.    Tried  pending  term  of  imprisonment. 

SEC.  553.  Where  any  person  or  persons,  under  sentence  of  imprison- 
ment not  expired,  shall  commit  any  crime  or  offense  against  the  law,  he 
or  they  may  be  tried  pending  his  or  their  term  of  imprisonment,  and,  upon 
conviction,  the  judgment  of  the  court  shall  be  rendered  for  the  sentence  to 
commence  upon  the  expiration  of  the  former  sentence,  if  the  punishment 
be  one  of  imprisonment;  but  if  the  punishment  be  of  death,  the  sentence 
shall  be  executed  without  reference  to  the  unexpired  term  of  imprisonment. 

68  li).    Causing  death  in  attempt  to  escape,  murder  in  first  decree. 

SEC.  554.  If  one  or  more  persons,  lawfully  imprisoned  in  the  state 
prison,  shall,  separately  or  together,  escape,  or  shall,  separately  or 
together,  attempt  to  escape  from  such  prison;  and  being  so  engaged,  he, 
they,  or  either  of  them,  shall  cause  the  death  of  any  human  being  in  mak- 
ing, or  attempting  to  make,  such  escape,  the  prisoner  or  prisoners  causing 
such  death  shall  be  deemed  guilty  of  murder  in  the  first  degree,  and,  on 
conviction  thereof,  shall  suffer  death. 

1)820.    Costs,  how  paid. 

SEC.  555.  The  expenses  and  costs  of  prosecuting  any  person  or  persons 
for  escaping  from,  or  breaking  out  of,  the  state  prison,  or  attempting  so  to 
do,  or  for  the  commission  of  any  crime  while  a  prisoner  therein,  shall  be  a 
state  charge,  and  shall  be  paid  as  other  expenses  of  the  state  prison. 

6821.  Property  obtained  l>v  extortion. 

SEC.  556.  Every  person,  who,  under  circumstances  not  amounting  to 
robbery,  shall  extort  or  gain  any  money,  property  or  advantage,  or  shall 
induce  or  compel  another  to  make,  subscribe,  execute,  alter  or  destroy  any 
valuable  security  or  instrument  or  writing  affecting  or  intended  to  affect 
any  cause  of  action  or  defense,  or  any  property,  by  means  of  force  or  any 
threat,  either — 

1.  To  accuse  any  person  of  a  crime ;  or 

2.  To  do  injury  to  any  person  or  to  any  property;  or 

3.  To  publish  or  connive  at  publishing  any  libel ;   or 

4.  To  expose  or  impute  to  any  person  any  deformity  or  disgrace ;  or. 

5.  To  expose  any  secret, 

Shall  be  guilty  of  extortion  and  shall  be  punished  by  imprisonment  in  the 
state  prison  for  not  more  than  five  years. 

See  sees.  <>335,  U437,  <>4H8,  <J7:!'.i. 

State  v.  VertriM>s,  :!.",  Nev.—  (112  V.  42). 

6822.  Felony  to  take  property  from  person  of  another. 

SEC.  557.  Every  person  who,  under  circumstances  not  amounting  to 
robbery,  shall,  with  intent  to  steal  or  appropriate  to  his  own  use,  take  from 
the  person  of  another,  without  his  consent,  any  money,  property  or  thing 
of  value,  shall  be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  fourteen  years. 

682H.    Certain  employment**)!  minors  prohibited. 

SEC.  558.  Every  person  who  shall  employ,  or  cause  to  be  employed, 
exhibit  or  have  in  his  custody  for  exhibition  or  employment  any  minor 


Sec.  6824  CRIMES  AND  PUNISHMENTS  1932 

actually  or  apparently  under  the  age  of  eighteen  years ;  and  every  parent, 
relative,  guardian,  employer  or  other  person  having  the  care,  custody,  or 
control  of  any  such  minor,  who  shall  in  any  way  procure  or  consent  to  the 
employment  of  such  minor — 

1.  In  begging,  receiving  alms,  or  in  any  mendicant  occupation ;   or, 

2.  In  any  indecent  or  immoral  exhibition  or  practice ;  or, 

3.  In  any  practice  or  exhibition  dangerous  or  injurious  to  life,  limb, 
health  or  morals.;  or, 

4.  As  a  messenger  for  delivering  letters,  telegrams,  packages  or  bundles, 
to  any  house  of  prostitution  or  assignation ; 

Shall  be  guilty  of  a  misdemeanor. 

6824.  Employment  of  children  without  permit. 

SEC.  559.  Every  person  who  shall  employ,  and  every  parent,  guardian 
or  other  person  having  the  care,  custody  or  control  of  such  child,  who  shall 
permit  to  be  employed,  by  another,  any  male  child  under  the  age  of  four- 
teen years  or  any  female  child  under  the  age  of  sixteen  years  at  any  labor 
whatever,  in  or  in  connection  with  any  store,  shop,  factory,  mine  or  any 
inside  employment  not  connected  with  farm  or  house  work,  without  the 
written  permit  thereto  of  a  judge  of  the  district  court  of  the  county 
wherein  such  child  may  live,  shall  be  gulity  of  a  misdemeanor. 

6825.  Telegrams  to  show  time  of  transmission. 

SEC.  560.  All  telegrams  and  written  messages  transmitted  by  wire,  for 
the  transmission  of  which  any  charge  is  made,  and  copies  of  such  tele- 
grams and  messages  made  for  delivery  to  the  person  to  whom  they  are 
sent,  shall  have  inserted  upon  them  at  the  time  they  are  received  and 
delivered  an  entry  in  printing  or  writing  plainly  showing  the  day  of  the 
month  and  the  time  of  the  day,  within  five  minutes,  at  which  they  are 
received  for  transmission.  Any  telegraph  company,  operator  or  person 
who  shall  deliver  any  such  telegram  or  message  or  copy  thereof  which 
does  not  bear  the  entry  showing  the  time  of  its  receipt  for  transmission  as 
above  prescribed,  shall  be  guilty  of  a  misdemeanor. 

See  sec.  4606. 

See  schedule  of  statutory  offenses  under  other  titles  "Telegraph,"  preceding  this  act. 

6826.  Denial  of  libelons  article  must  be  published. 

SEC.  561.  If  in  any  newspaper  or  other  periodical  published  or  circu- 
lated within  this  state  any  matter  is  published  regarding  a  person  named 
or  otherwise  designated  in  such  a  manner  as  to  be  identified  therein,  it  shall 
be  the  duty  of  the  editor,  publisher,  or  proprietor  to  publish  gratuitously 
any  denial  or  correction  of  the  matter  so  published  that  may  be  received 
from  the  person  so  named  or  designated  when  the  denial  or  correction  is 
signed  by  the  person  so  making  the  same;  provided,  however,  that  the 
denial  or  correction  shall  be  made  and  presented  by  mail  or  otherwise  to 
such  editor,  publisher,  or  proprietor  within  one  week  after  the  original 
publication  in  the  case  of  daily  newspapers  published  in  this  state,  or 
thirty  days  in  case  of  other  periodicals.  Such  denial  or  correction  shall  be 
published  in  the  next  issue  after  the  receipt  thereof,  or  if  presented  less 
than  two  days  prior  to  the  next  issue  shall  be  published  in  either  the  next 
or  the  succeeding  one,  and  shall  be  given  a  like  position  and  space  and  as 
much  display  as  had  the  statement  which  provoked  it;  but  if  the  denial 
or  correction  exceed  the  length  of  the  original  article,  the  charge  for  pub- 
lishing the  excess  shall  be  computed  and  paid  for  in  advance  at  the  regular 
advertising  rates  for  the  periodical  in  question.  Failure  to  comply  with 
the  provisions  of  this  section  by  any  editor,  publisher  or  proprietor  of  any 
newspaper  or  periodical  shall  be  punished  by  a  fine  of  not  less  than  one 


1933  CRIMES  AND  PUNISHMENTS  Sec.  6832 

hundred  dollars  nor  more  than  one  thousand  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months. 

6827.  Common-law  crimes. 

SEC.  562.  All  offenses  recognized  by  the  common  law  as  crimes,  and  not 
herein  enumerated,  shall  be  punished,  in  cases  of  felonies,  by  imprison- 
ment in  the  state  prison  for  a  term  not  less  than  one  year  nor  more  than 
five  years,  and  in  case  of  misdemeanors,  by  imprisonment  in  the  county 
jail  for  a  term  not  exceeding  six  months  or  less  than  one  month,  or  by 
fine  not  exceeding  five  hundred  dollars,  or  both ;  and  whenever  any  fine  is 
imposed  for  any  felony  or  misdemeanor,  whether  such  by  statute  or  at 
common  law,  the  party  upon  whom  the  fine  is  imposed  shall  be  committed 
to  the  county  jail,  when  not  sentenced  to  the  state  prison,  until  the  fine  is 
paid;  and  he  shall  be  imprisoned  at  the  rate  of  one  day  for  each  two 
dollars  until  such  fine  is  paid. 

Sec  sees.  5474,  <;:'><)<). 

See   Kx    1'arte  Webb,  iM    Nev.  L'.'iX  (T)|    P.   1()L>7);    State  v.  Sales,  '_'   Nrv.  'JUS. 

6828.  Other  violations  by  officers. 

SEC.  563.  Every  public  officer  or  other  person  who  shall  wilfully  disobey 
any  provision  of  law  regulating  his  official  conduct  in  cases  for  which  no 
other  punishment  is  provided,  shall  be  guilty  of  a  misdemeanor. 

()8'2(,>.    \Yeari n^r  <lan<rerous  hatpin— Misdemeanor. 

SEC.  564.  No  person  shall,  while  upon  any  public  street  or  in  any  public 
conveyance,  street  car,  train  or  elevator,  or  in  any  other  public  place,  wear 
a  hatpin  or  similar  article,  the  exposed  point  of  which  shall  protrude  more 
than  one-half  inch  beyond  the  crown  or  other  portion  of  the  hat  upon,  in 
or  through  which  such  pin  or  similar  article  is  worn,  unless  said  exposed 
point  of  the  hatpin  or  other  similar  article  shall  be  so  guarded  by  device 
or  otherwise  as  to  render  contact  with  it  entirely  free  from  danger.  Any 
person  violating  any  of  the  provisions  of  this  act  is  guilty  of  a  misde- 
meanor. 

6830.  Idem— Inception. 

SEC.  565.  The  preceding  section  shall  not  apply  to  any  hatpin  or  similar 
article,  the  dangerous  end  of  which  is  not  exposed  to  view  on  public  streets 
or  in  public  places. 

CHAPTER  28 
ON  REPEAL 

(is.",  1.   Same     provisions     in     this     act     as     in  livi:::.    Penal      clauses      of      other      acts      not 

existing    acts    deemed    continuation  affected. 

thereof.  6834.  Schedule  of  acts  repealed. 
6832.  Effect  not  affected. 

6831.  Same  provisions  in  this  act  as  in  existing  acts  deemed  continuation 

thereof. 

SEC.  566.  The  provisions  of  this  act,  so  far  as  they  are  substantially 
the  same  as  those  of  existing  statutes,  shall  be  construed  as  a  continuation 
thereof  and  not  as  new  enactments,  and  a  reference  in  a  statute  which  has 
not  been  repealed  to  provisions  of  law  which  are  revised  and  reenacted 
herein  shall  be  construed  as  applying  to  such  provisions  as  so  incorporated 
in  this  act. 

6832.  Offenses  committed  and  proceedings  instituted  before  act  goes  into 

effect  not  affected. 

SEC.  567.     The  repeal  of  a  law  by  this  act  shall  not  affect  any  act  done, 
or  offense  committed  or  the  prosecution  of  a  criminal  action  or  proceeding- 
commenced,  before  this  act  takes  effect,  but  all  offenses  committed  prior 
122 


See.  6833  CRIMES  AND  PUNISHMENTS  1934 

to  the  taking  effect  of  this  act  may  be  prosecuted  to  judgment  and  penalty 
imposed  and  such  judgment  and  penalty  be  enforced  in  accordance  with 
the  provisions  of  the  statute  at  the  time  of  the  commission  of  such  offense. 

6833.  Penal  clauses  of  other  acts  not  affected. 

SEC.  568.  Nothing  in  this  act  shall  be  deemed  a  repeal  of  any  penal 
clause  contained  in  any  other  statute,  which  penal  clause  may  not  be 
embodied  in  this  act  or  is  not  in  conflict  therewith,  but  all  such  penal  pro- 
visions shall  remain  in  full  force  as  a  part  of  such  other  statutes. 

6834.  Schedule  of  acts  repealed. 

SEC.  569.  The  acts  designated  in  the  following  schedule  are  repealed 
from  and  after  the  time  this  act  goes  into  effect : 

SCHEDULE 

1.  An  act  to  prevent  the  driving  of  stock  from  their  ranges,  approved 

November  21,  1861 ; 

2.  An  act  for  the  better  observance  of  the  Lord's  day,  approved  Novem- 

ber 21,  1861 ; 

3.  An  act  concerning  crimes  and  punishments,  approved  November  26, 

1861; 

4.  An  act  to  prohibit  marriages  and  cohabitation  of  whites  with  Indians, 

Chinese,  mulattoes,  and  Negroes,  approved  November  28,  1861 ; 

5.  An  act  to  prevent  the  escape  of  prisoners,  approved  December  10, 

1862; 

6.  An  act  for  the  protection  of  agricultural  lands  and  preservation  of 

water,  approved  March  9,  1865 ; 

7.  An  act  supplementary  to  an  act  entitled  "An  act  concerning  crimes 

and  punishments,"  approved  November  26,  1861,  approved  March  1, 
1866; 

8.  An  act  to  prevent  the  spread  of  contagious  diseases,  approved  Feb- 

ruary 20,  1869 ; 

9.  An  act  to  regulate  the  business   of  assaying  within  the   State  of 

Nevada,  approved  March  3,  1869 ; 

10.  An  act  to  prohibit  the  sale  of  intoxicating  drinks  to  minors,  approved 

March  7,  1873 ; 

11.  An  act  to  prohibit  lotteries,  approved  March  7,  1873 ; 

12.  An  act  to  prohibit  cheating  and  unlawful  games,  approved  February 

2,1875; 

13.  An  act  defining  misdemeanors  in  certain  cases  and  prescribing  penal- 

ties therefor,  approved  March  4,  1875 ; 

14.  An  act  to  regulate  the  sale  or  disposal  of  opium,  and  to  prohibit  the 

keeping  of  places  of  resort  for  smoking,  or  otherwise  using  that 
drug,  approved  February  9,  1877; 

15.  An  act  requiring  persons  slaughtering  horned  cattle  to  keep  the  hides 

and  ears  ten  days,  and  punishing  a  failure  so  to  do,  approved  Febru- 
ary 12,  1877;  * 

16.  An  act  to  prohibit  certain  advertisements  tending  to  promote  licen- 

tiousness and  crime,  approved  February  13,  1877; 

17.  An  act  to  punish  the  wilful  and  fraudulent  killing  of  stock  running 

at  large,  and  the  selling  or  buying  any  hide,  or  carcass,  or  animal, 
the  brand  on  which  has  been  cut  out  or  obliterated,  approved  Febru- 
ary 15,  1877 ; 

18.  An  act  to  prevent  cruelty  to  women  in  the  State  of  Nevada,  approved 

February  21,  1877 ; 

19.  An  act  to  prohibit  animals  from  being  ridden  or  driven  over  any  toll 

or  county  bridge  in  this  state,  faster  than  a  walk,  approved  Febru- 
ary 23,  1877; 


1935  CRIMES  AND  PUNISHMENTS  Sec.  6834 

20.  An  act  supplementary  to  an  act  entitled  "An  act  concerning  crimes 

and  punishments,"  approved  November  26,  1861,  approved  Febru- 
ary 23,  1877 ; 

21.  An  act  concerning  vagrancy  and  vagrants,  approved  March  5,  1877; 

22.  An  act  to  prohibit  the  winning  of  money  from  persons  who  have  no 

right  to  gamble  it  away,  approved  March  5,  1877 ; 

23.  An  act  to  prevent  the  keeping  of  disorderly  houses  or  inns,  approved 

February  14,  1879; 

24.  An  act  to  prevent  the  adulteration  of  milk ;   and  to  prevent  traffic  in 

impure  and  unwholesome  milk,  approved  February  17,  1879 ; 

25.  An  act  to  prevent  persons  from  passing  through  inclosures  and  leav- 

ing them  open,  by  tearing  down  fences,  or  otherwise,  and  domestic 
animals  from  being  shot  by  persons  while  hunting  on  inclosed  prem- 
ises, and  providing  for  the  payment  for  such  injuries  so  done, 
approved  February  19,  1879 ; 

26.  An  act  to  prevent  the  propagation  and  spread  of  contagious  diseases, 

approved  February  24,  1879 ; 

27.  An  act  to  prohibit  the  unauthorized  use  of  horses,  mules  or  work 

cattle,  approved  March  6,  1879; 

28.  An  act  relating  to  the  burial  of  the  dead  of  incorporated  cities  in  the 

State  of  Nevada,  approved  March  8,  1879 ; 

29.  An  act  amendatory  and  supplementary  of  an  act  entitled  "An  act  to 

regulate  the  sale  or  disposal  of  opium,  and  to  prohibit  the  keeping 
of  places  of  resort  for  smoking  or  otherwise  using  that  drug," 
approved  February  9,  1877,  approved  March  8,  1879 ; 

30.  An  act  to  prohibit  and  punish  the  killing  or  branding  of  stock  run- 

ning at  large  by  persons  not  owning  the  same,  approved  March  8, 
1879; 

31.  An  act  prescribing  the  penalties  for  the  violation  of  any  law  of  this 

state,  regulating  the  charges  for  the  transportation  of  persons  and 
property  by  railroads  in  this  state,  approved  March  8,  1879 ; 

32.  An  act  to  authorize. and  empower  the  board  of  state  prison  commis- 

sioners to  purchase  for  and  on  behalf  of  the  State  of  Nevada,  the 
property  known  as  the  Warm  Springs  hotel,  adjoining  and  west  of 
the  state  prison,  and  matters  properly  connected  therewith,  and 
prohibiting  the  sale  of  intoxicating  liquors,  approved  March  11, 
1879; 

33.  An   act  to  prevent  the   unauthorized   expenditure   of  state  money, 

became  a  law  February  8,  1881 ; 

34.  An  act  to  prohibit  the  use  of  firearms  in  public  places,  approved 

January  28,  1881 ; 

35.  An  act  supplementary  to  an  act  entitled  "An  act  concerning  crimes 

and  punishments,"  approved  November  26,  1861,  and  acts  amenda- 
tory thereto  and  supplemental  thereto,  approved  February  23,  1881 ; 

36.  An  act  to  punish  and  prevent  deception  in  the  manufacture  and  sale 

of  butter,  approved  February  4,  1881 ; 

37.  An  act  supplemental  to  an  act  entitled  "An  act  to  prevent  the  adul- 

teration of  milk,  and  prevent  traffic  in  impure  and  unwholesome 
milk,"  approved  February  17,  1879,  approved  February  26,  1881; 

38.  An  act  concerning  marriages,  approved  March  1,  1881 ; 

39.  An  act  to  prevent  minors  from  gambling,  approved  March  2,  1881 ; 

40.  An  act  to  prohibit  the  carrying  of  concealed  weapons  by  minors, 

approved  March  4,  1881; 

41.  An  act  to  more  fully  define  the  crime  of  larceny,  approved  February 

9, 1883 ; 

42.  An  act  to  require  licenses  to  be  posted  up,  approved  February  9,  1883 ; 


Sec.  6834  CRIMES  AND  PUNISHMENTS  1936 

43.  An  act  for  the  prevention   of  fraud   and  the  better  protection   of 

miners  in  the  sale  and  purchase  of  ores,  approved  February  20, 
1883; 

44.  An  act  supplementary  to  an  act  concerning  crimes  and  punishments, 

approved  November  26,  1861,  approved  March  1,  1883 ; 

45.  An  act  to  prevent  fraud  and  enforce  official  duty  in  certain  cases, 

approved  March  1,  1883 ; 

46.  An  act  to  protect  and  to  encourage  the  construction  of  sidewalks  in 

towns  and  villages  of  this  state,  approved  February  12,  1885 ; 

47.  An  act  to  prohibit  the  sale  of  ardent  spirits  to  the  Indians,  approved 

February  25,  1885 ; 

48.  An  act  to  further  define  and  punish  embezzlement,  approved  Febru- 

ary 24,  1886 ; 

49.  An  act  to  prevent  persons  from  unlawfully  using  or  wearing  the 

badge  of  the  Grand  Army  of  the  Republic  in  this  state,  approved 
February  1, 1887 ; 

50.  An  act  to  regulate  houses  of  prostitution,  dance  houses,  and  houses 

where  beer,  wine  or  spirituous  liquors  are  sold,  approved  February 
26,1887; 

51.  An  act  to  punish  false  pretenses  in  obtaining  certificates  of  registra- 

tion of  cattle  and  other  animals,  approved  March  3,  1887 ; 

52.  An  act  to  furnish   [punish]  the  manufacture  and  use  of  any  dyna- 

mite machine  or  other  device  for  the  destruction  of  life  or  property, 
approved  March  3,  1887 ; 

53.  An  act  supplementary  to  an  act  entitled  "An  act  concerning  crimes 

and  punishments,"  approved  November  26,  1861,  approved  March 
5,  1887; 

54.  An  act  to  prevent  the  pollution  of  the  waters  of  the  lakes,  rivers  and 

running  streams  of  this  state  by  sawdust,  approved  January  29, 
1889; 

.  55.  An  act  to  prohibit  the  shearing  of  sheep  within  the  limits  of  any  city 
or  town  in  this  state,  approved  March  6,  1889 ; 

56.  An  act  amendatory  of  and  supplementary  to  an  act  entitled  "An  act 

to  restrict  the  sale  of  cigarettes,  cigars  and  tobacco,"  approved 
February  23,  1887,  approved  March  7,  1889 ; 

57.  An  act  to  prevent  the  owners,  superintendents  or  managing  agents 

of  any  water  ditches,  flumes  or  artificial  watercourses,  to  allow  the 
water  from  the  same  to  run  into  or  upon  any  public  road,  highway, 
street  or  alley  in  this  state,  approved  March  6,  1889 ; 

58.  An  act  requiring  the  shutting  and  fastening  of  gates  opened  for  the 

purpose  of  passing  through  or  into  inclosed  fields,  or  partly  inclosed 
lands,  and  regulating  penalties  for  violating  the  provisions  of  this 
act,  approved  March  13,  1891; 

59.  An  act  to  provide  for  the  punishment  of  persons  for  altering  the 

marks  and  brands  upon  live  stock,  approved  March  14,  1891 ; 

60.  An  act  to  prohibit  the  sale  or  removal  of  mortgaged  personal  prop- 

erty, approved  March  17,  1891 ; 

61.  An  act  to  prevent  the  wilful  injury  to,  or  interference  with,  railroad 

property,  and  to  provide  for  the  punishment  thereof,  approved 
March  19,  1891 ; 

62.  An  act  to  prevent  the  wilful  injury  to,  or  interference  with,  railroad 

property,  and  to  provide  for  the  punishment  thereof,  approved 
March  19,  1891 ; 

63.  An  act  to  secure  protection  to  school  children  and  to  preserve  the 

peace  of  public  schools  and  matters  connected  therewith,  approved 
March  6,  1893; 


1937  CRIMES  AND  PUNISHMENTS  Sec.  6834 

64.  An  act  supplemental  to  an  act  entitled  "An  act  concerning  crimes  and 

punishments,"  approved  November  26,  A.  D.  1861;  to  prohibit 
males  declaring  an  illicit  carnal  knowledge  of  females,  approved 
February  5,  1895 ; 

65.  An  act  to  prohibit  the  sale  of  ardent  spirits  within  the  capitol  building 

of  the  State  of  Nevada,  approved  February  25,  1895 ; 

66.  An  act  to  prevent  malicious  injury  to  church,  school  and  other  build- 

ings and  property,  and  to  protect  persons  from  malicious  annoyance, 
and  matters  properly  relating  thereto,  approved  March  13,  1895 ; 

67.  An  act  declaring  the  wilful  prevention  of,  or  attempt  to  prevent,  any 

person  from  procuring  employment,  to  be  a  misdemeanor  and  pro- 
viding a  punishment  therefor,  approved  March  15,  1895; 

68.  An  act  concerning  certain  crimes  and  punishments,  approved  March 

16,  1899; 

69.  An  act  relating  to  nickel-in-the-slot  machines  and  providing  a  penalty 

for  carrying  on  or  playing  against  such  machine  or  device,  approved 
February  23,  1901 ; 

70.  An  act  to  regulate  the  sale  of  meat  of  any  equine  animal,  approved 

February  26,  1901 ; 

71.  An  act  making  trespass  upon  patented  mining  ground  a  misdemeanor 

and  providing  punishment  for  the  same,  approved  March  23,  1901 ; 

72.  An  act  regulating  the  hours  of  employment  in  underground  mines  and 

smelters,  and  ore  reduction  works,  and  providing  penalties  for  viola- 
tion thereof,  approved  February  23,  1903; 

73.  An  act  for  the  protection  of  workmen  employed  where  machinery  is 

used  with  collars  and  pulleys  secured  by  set  screws,  approved  Febru- 
ary 26,  1903 ; 

74.  An  act  making  it  a  misdemeanor  to  give  false  alarms  of  fire,  approved 

March  4,  1903; 

75.  An  act  to  prevent  wilful  and  malicious  poisoning  of  dogs  by  persons 

not  owning  the  same,  approved  March  5,  1903 ; 

76.  An  act  to  prohibit  the  rebating,  refunding,  repayment,  payment,  or 

division  of  salaries  allowed  by  law  to  deputies  or  attaches  of  the 
state,  county  or  municipal  government,  approved  March  5,  1903 ; 

77.  An  act  to  prohibit  the  disposal  of  intoxicating  liquors,  drugs,  or  other 

intoxicating  substances  to  Indians,  approved  March  6,  1903 ; 

78.  An  act  regulating  the  hours  of  labor  on  all  public  and  municipal 

works,  and  providing  a  penalty  for  violation  thereof,  approved 
March  9,  1903; 

79.  An  act  regulating  within  this  state  bookmaking  on  horse  races,  prize 

fights,  or  any  games  conducted  outside  of  this  state,  approved 
March  13,  1903 ; 

80.  An  act  for  the  protection  of  owners  of  inclosed  property,  and  to  pre- 

vent hunting  or  shooting  within  enclosures,  approved  March  16, 
1903; 

81.  An  act  to  provide  payment  of  expenses  necessary  for  the  extradition 

of  fugitives  from  justice,  approved  March  17,  1903; 

82.  An  act  making  it  unlawful  for  employers  to  enter  into  agreements 

with  their  employees,  or  persons  about  to  enter  their  employment, 
not  to  become  or  continue  as  members  of  labor  organizations;  and 
prescribing  penalties  for  violations  thereof,  approved  March  17, 
1903 ; 

83.  An  act  to  prohibit  the  carrying  of  concealed  weapons,  and  to  provide 

for  the  punishment  thereof,'  approved  March  17,  1903 ; 


Sec.  6834  CRIMES  AND  PUNISHMENTS  1938 

84.  An  act  to  prevent  the  pollution  or  contamination  of  the  waters  of  the 

lakes,  rivers,  streams  and  ditches  in  the  State  of  Nevada,  prescribing 
penalties,  and  making  an  appropriation  to  carry  out  the  provisions 
of  this  act,  approved  March  20,  1903 ; 

85.  An  act  to  prevent  the  compelling  of  employees  of  persons,  companies, 

corporations  or  associations  to  trade  at  any  particular  store  or 
board  at  any  particular  boarding  house,  by  means  of  coercion, 
intimidation  or  otherwise,  in  this  state,  approved  March  20,  1903 ; 

86.  An  act  for  the  preservation  of  a  bird  known  as  the  American  eagle, 

within  the  State  of  Nevada,  approved  February  25,  1905 ; 

87.  An  act  to  prevent  the  destruction  of  gravestones,  monuments,  vaults, 

and  other  cemetery  property,  and  to  prevent  the  pasturing  of  live 
stock  within  any  inclosed  private  or  public  cemetery,  approved 
March  2,  1905 ; 

88.  An  act  making  it  unlawful  for  employers  to  discount  time  labor  checks 

issued  by  them  to  their  employees,  approved  March  15,  1905; 

89.  An  act  to  prevent  the  removal  or  handling  of  a  body  or  the  chattels 

or  effects  belonging  to  the  deceased  in  certain  cases,  and  requiring 
the  coroner  to  be  notified  of  the  death,  and  providing  a  penalty  for 
any  violation  of  this  act,  approved  March  16,  1905 ; 

90.  An  act  prohibiting  blacklisting  and  prescribing  penalties  for  violation 

thereof,  approved  March  24,  1905; 

91.  An  act  to  prohibit  the  making  or  publishing  of  false  or  exaggerated 

statements  or  publications  of  or  concerning  the  affairs,  pecuniary 
condition  or  property  of  any  corporation,  joint-stock  association, 
copartnership  or  individual,  which  said  statements  or  publications 
are  intended  to  give,  or  shall  have  a  tendency  to  give,  a  less  or 
greater  apparent  value  to  the  shares,  bonds  or  property,  or  any  part 
thereof  of  said  corporation,  joint-stock  association,  copartnership 
or  individual,  than  the  said  shares,  bonds  or  property  shall  really  and 
in  fact  possess,  and  providing  a  penalty  therefor,  approved  March 
12,  1907; 

92.  An  act  to  prevent  the  desecration  of  the  flag  of  the  United  States  and 

of  the  flag  of  this  state,  approved  March  20,  1907 ; 

93.  An  act  to  further  define  and  punish  the  crime  of  extortion,  approved 

March  29,  1907; 

94.  An  act  regulating  within  this  state  bopkmaking  on  horse  races,  prize 

fights,  or  any  games  conducted  outside  this  state,  approved  March 
29,  1907 ; 

95.  An  act  forbidding  the  antedating  or  false  dating  of  location  notices 

on  mining  claims  and  prescribing  the  penalty  therefor,  approved 
March  29,  1907 ; 

96.  An  act  to  regulate  the  conduct  of  business  and  to  prevent  any  person 

or  persons  from  conducting  or  transacting  business  under  an 
assumed  name,  and  providing  punishment  therefor,  approved  March 
29,  1907; 

97.  An  act  making  it  unlawful  for  any  person  or  persons,  firm,  company, 

association,  or  corporation,  either  as  principal  or  agent,  to  charge, 
or  demand,  or  receive,  or  attempt  to  charge,  or  to  demand,  or  to 
receive,  any  money  or  other  thing  of  value,  from  any  person  or  per- 
sons whomsoever,  upon  the  promise  of  hiring  or  retaining  such  per- 
son or  persons,  in  any  employment  whatsoever,  or  by  threatening 
to  discharge  such  person  or  persons  from  any  such  employment,  and 
providing  for  a  punishment  for  the  violation  thereof,  approved 
February  18,  1909; 

98.  An  act  to  regulate  the  hours  of  labor  of  persons  engaged  or  employed 

in  mills  and  other  institutions  where  plaster  or  cement  is  manufac- 


1939  CRIMES  AND  PUNISHMENTS  Sec.  6836 

tured,  so  as  to  better  protect  the  health  and  safety  of  those  engaged 
in  such  work  or  occupation,  and  providing  penalties  for  a  violation 
thereof,  approved  March  3,  1909; 

99.  An  act  to  regulate  the  hours  of  employment  of  working  men  in  open- 
pit  and  open-cut  mines,  so  as  to  better  protect  the  health  and  safety 
of  those  engaged  in  such  work  or  occupation,  and  providing  penalties 
for  the  violation  thereof,  approved  March  5,  1909 ; 

100.  An  act  to  prevent  the  interference  with,  or  injury  to,  any  dam,  ditch, 

headgate,  weir  or  other  appliance  for  the  diversion,  storage,  appor- 
tionment, measurement,  conveyance  or  delivery  of  water,  approved 
March  3,  1909; 

101.  An  act  to  prevent  throwing,  placing  or  depositing  slop,  empty  bottles, 

dead  animals  or  other  refuse  or  garbage  upon  any  sidewalk  or  street 
and  other  specified  places  in  any  incorporated  town  of  this  state, 
approved  March  5,  1909; 

102.  An  act  to  compel  support  of  wives  and  children,  and  for  the  prosecu- 

tion and  punishment  of  persons  violating  the  provisions  of  this  act, 
approved  March  11,  1909; 

103.  An  act  making  it  a  felony  for  any  banker,  or  any  officer,  director, 

cashier,  teller,  managing  member,  manager,  clerk,  person,  party  or 
agent  of  any  bank,  banking  corporation,  association,  firm  or  person 
engaged  in  a  banking,  brokerage,  exchange  or  deposit  business  to 
receive,  or  accept  or  assent  or  be  accessory  to  or  permit  the  recep- 
tion of  deposits  of  money,  currency  or  valuable  paper,  in  banking 
and  other  institutions,  knowing  the  same  to  be  insolvent;  providing 
a  punishment  therefor  and  establishing  a  rule  of  evidence  in  con- 
nection therewith,  approved  March  13,  1909 ; 

104.  An  act  to  prohibit  the  sale  or  disposal  of  opium,  morphine  and  kindred 

drugs  or  ardent  spirits  to  any  person  lawfully  confined  in  the  state 
prison,  county  jails  or  in  other  public  institutions,  and  other  matters 
relating  thereto,  approved  March  24,  1909 ; 

105.  An  act  prohibiting  gambling,  providing  for  the  destruction  of  gam- 

bling property  and  other  matters  relating  thereto,  approved  March 
24,  1909; 

106.  An  act  requiring  all  nursery  stock  shipped  into  the  State  of  Nevada 

to  have  an  official  certificate  of  inspection  attached,  and  prescribing 
the  penalty  for  any  common  carrier  receiving  or  delivering  any 
uncertified  nursery  stock,  approved  March  25,  1909; 

107.  An  act  to  protect  the  properties  and  products  of  the  owners  of  water, 

gas,  electricity,  and  power  against  theft,  interference  and  injury, 
and  providing  a  punishment  therefor,  approved  March  25,  1909 ; 
Also,  all  acts  amendatory  of  the  foregoing  acts  specified,  and  all  other  acts 
not  particularly  referred  to,  in  conflict  with  this  act. 

6835.  Act  to  take  effect  January  1, 1912. 

SEC.  570.     This  act  shall  take  effect  on  the  first  day  of  January,  one  thou- 
sand nine  hundred  and  twelve. 

An  Act  to  make  criminal  the  selling,  giving,  or  in  any  manner  disposing  of, 
or  the  earning  to  be  sold,  giving  or  disposed  of  spirituous,  malt,  or  intoxi- 
cating wines  or  liquors  to  habitual  or  common  drunkards  or  dipsoma- 
niacs who  are  members  of  families  and  who  are,  when  drunk,  menaces  to 
the  life,  health  or  peace  of  their  families  or  who  when  lawfully  bound  to 
do  so,  fail  to  provide  for  their  families  the  common  necessaries  of  life. 

Approved  March  22. 1911.  313 

6836.  Selling  of  liquor  to  certain  persons  prohibited. 

SECTION  1.     It  shall  be  the  duty  of  every  saloonkeeper  or  retail    liquor 


Sec.  6837  CRIMES  AND  PUNISHMENTS  1940 

dealer,  when  requested  to  do  so  by  the  sheriff  or  other  peace  officer  of  the 
county,  or  by  the  parent,  wife,  child,  brother,  sister  or  guardian  of  an  habit- 
ual or  common  drunkard  or  dipsomaniac  who  is  a  member  of  a  family,  and  a 
menace,  when  drunk,  or  intoxicated,  to  the  life,  health  or  peace  of  his  family, 
or  who  when  lawfully  bound  to  do  so  fails  to  provide  for  his  family  the  common 
necessaries  of  life,  to  place  or  post  the  name  of  such  habitual  or  common  drunk- 
ard or  dipsomaniac  in  an  appropriate  place  on  a  bulletin-board  upon  which 
shall  be  conspicuously  placed  or  posted  the  words  "  Drunkards  or  Dipsoma- 
niacs to  Whom  Intoxicants  Are  Forbidden,"  which  said  bulletin-board  shall 
be  conveniently  placed  back  of  the  bar  in  the  barroom  or  establishment  of 
such  saloonkeeper  or  retail  liquor  dealer  in  such  a  manner  that  it  can  be  readily 
seen  by  bartenders  back  of  the  bar,  but  not  by  patrons  of  the  bar. 

6837.  Liquor  dealers  when  notified  prohibited  from  serving  liquor  to 

certain  persons. 

SEC.  2.  It  shall  be  unlawful  for  any  saloonkeeper  or  retail  liquor  dealer, 
or  for  his  bartender,  employee  or  other  agent,  upon  being  informed  by  the 
sheriff  or  any  peace  officer  of  the  county,  or  by  the  parent,  wife,  child, 
brother,  sister  or  guardian  of  an  habitual  or  common  drunkard  or  dipsoma- 
niac who  is  a  member  of  a  family,  and  a  menace,  when  drunk  or  intoxicated, 
to  the  life,  health  or  peace  of  his  family,  or  who  when  lawfully  bound  to  do 
so,  fails  to  provide  for  his  family  the  common  necessaries  of  life,  that  such 
are  the  facts,  or  upon  the  name  of  such  drunkard  or  dipsomaniac  being  posted 
as  in  section  1  provided,  to  sell,  give  or  in  any  way  dispose  of,  or  to  cause  to 
be  sold,  disposed  of  or  given  to,  such  drunkard  or  dipsomaniac,  any  spirituous, 
malt  or  intoxicating  wines  or  liquors. 

See  sec.  6523. 

6838.  Penalties. 

SEC.  3.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  fifty  ($50)  dollars  or  more  than  five  hundred  ($500)  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  not  longer  than  six  months,  or 
by  both  such  fine  and  imprisonment. 

An  Act  restricting  the  sale,  barter,  exchange  or  other  disposal  of  liquors  and 
providing  penalties  for  the  violation  of  the  same  and  repealing  certain  con- 
flicting acts. 

Approved  March  22,  1911.  318 

6839.  Liquor  selling  restricted  near  construction  camps. 

SECTION  1.  It  shall  be  unlawful  to  grant  a  license  to  any  person,  firm  or 
corporation  to  sell,  barter,  exchange  or  otherwise  to  dispose  of  any  malt, 
spirituous,  vinous  or  other  intoxicating  liquors  within  five  miles  of  any  camp 
or  assemblage  of  men  engaged  in  the  construction  or  reconstruction  of  any 
railway  or  government  construction  or  reconstruction  works  where  twenty- 
five  or  more  men  are  employed. 

6840.  Penalties— Proviso  as  to  regularly  established  business. 

SEC.  2.  Any  person  who  shall  sell,  barter  or  exchange  or  offer  for  sale, 
barter  or  exchange,  or  shall  otherwise  dispose  or  offer  to  dispose  of  any 
malt,  spirituous,  vinous  or  other  intoxicating  liquors  within  five  miles  of  any 
camp  or  assemblage  where  twenty-five  or  more  men  are  engaged  in  the  con- 
struction or  reconstruction  of  any  railway  or  government  construction  or 
reconstruction  works  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars  for  each  offense  or  by  imprisonment  in 
the  county  jail  for  not  less  than  thirty  days  nor  more  than  six  months  or  by 


1941  CRIMES  AND  PUNISHMENTS  Sec.  6844 

both  such  fine  and  imprisonment,  and  any  attempt  to  avoid  the  provisions  of 
this  act  by  giving  or  disposing  of  any  such  liquors  to  any  person  or  persons 
on  the  pretense  or  for  the  reason  that  such  person  or  persons  has  or  have 
purchased  or  designs  or  design  or  is  or  are  expecting  to  purchase  some  other 
article,  shall  be  deemed  a  sale  within  the  provisions  of  this  act;  provided, 
that  nothing  in  this  act  shall  apply  to  the  sale  of  liquors  made  under  a  license 
issued  by  any  incorporated  town  or  city  nor  to  sales  at  a  saloon,  store  or  hotel 
at  which  such  liquors  are  sold  or  otherwise  disposed  of  outside  of  the  corpo- 
rate limits  of  towns  and  cities  where  such  saloon,  store  or  hotel  has  been 
established  in  a  substantial  building  of  permanent  character  and  has  been 
licensed  for  at  least  six  months  immediately  prior  to  the  beginning  of  such 
construction  work  within  the  said  five-mile  limit. 

6841.  Comity  commissioners  to  revoke  licenses—  Residue  of  license  money 

returned. 

SEC.  3.  It  shall  be  the  duty  of  the  board  of  county  commissioners  of  the 
several  counties  to  forthwith  revoke  all  and  any  such  license  for  the  sale  of 
such  liquors  within  their  respective  counties  within  such  five-mile  limit, 
excepting  those  licenses  issued  by  any  incorporated  town  or  city  and  licenses 
issued  at  least  six  months  immediately  prior  to  the  commencement  of  such 
construction  or  reconstruction  work.  Upon  the  revocation  of  any  such  license 
as  under  the  provisions  of  this  act,  the  said  county  commissioners  shall  pro- 
vide for  the  payment  to  the  licensee  of  a  sum  of  money  which  shall  bear  the 
proportion  to  the  whole  amount  paid  for  such  license  that  the  unexpired 
portion  of  the  term  for  which  the  license  was  issued  bears  to  the  whole  term. 

Ki'jjardinj;  power  t<>  revoke  license  \\  ben  business  becomes  :i  nuisance,  see  sec.  3807,  ct  sei). 
Bee  Wallace  v.  City  <>f  Ken...  -J7  Nev.  71  •»;:;  I..  ]{.  A.  :;:57,  10,°.  A.  S.  717,  7.",  P.  528). 

An  Act  prohibiting  certain  persons  from  remaining  in  saloons,  and  fixing 
penalties  for  the  violation  thereof. 

Approved  March  22.1911.314 

6842.  Minor  burred  from  places  where  liquor  is  sold. 

SECTION  1.  Any  proprietor,  keeper  or  manager  of  a  saloon,  or  resort 
where  spirituous,  malt,  or  fermented  liquors  or  wines  are  sold,  who  shall, 
knowingly,  allow  or  permit  any  person  under  the  age  of  twenty-one  years  to 
remain  therein,  is  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine 
of  not  less  than  $25  nor  more  than  $100. 

See  subdivision  1  1  of  sec.  6<>lt),  and  sec.  (>S42. 


An  Act  concerning  the  liabilities  of  proprietors  and  keepers  of  saloons 

and  gambling  houses. 

Approved  March  19.  1897.  Ill 

6843.  Liable  for  damages. 

SECTION  1.  Any  proprietor  or  keeper  of  a  saloon,  gambling  house  or  resort 
where  liquors  are  sold,  who  shall  sell  or  give  to  any  minor  any  spirituous  or 
malt  liquors,  or  who  shall  permit  any  minor  to  engage  in  any  game  in  his 
saloon,  gambling  house  or  resort  where  liquors  are  sold,  or  who  shall  permit 
any  minor  to  lounge  or  remain  therein,  shall  be  liable  to  the  parent  or  guard- 
ian of  such  minor  in  damages,  which  may  be  collected  by  a  civil  action  in  a 
sum  not  less  than  fifty  nor  more  than  one  thousand  dollars. 

An  Act  relative  to  the  connections  of  main  wires  and  pipes  of  electric  light  and 
water  companies,  or  corporations,  to  residences  or  buildings. 

Approved  March  9.  1903,  64 

6844.  Unlawful  to  refuse  to  connect  buildings  with  wires  or  pipes. 

SECTION  1.     It  shall  be  unlawful  for  any  superintendent  or  manager,  or 


Sec.  6845  CRIMES  AND  PUNISHMENTS  1942 

person  in  control  of  any  electric  light  or  water  company  or  corporation  to 
refuse  to  connect  main  wires  or  pipes  to  residences  or  buildings  of  any 
description.  When  the  owner  or  person  occupying  said  buildings  has  had 
wires  or  pipes  placed  in  such  residence  or  buildings  placed  to  the  end  or  side  of 
the  land  on  which  such  residences  or  buildings  are  located,  by  any  competent 
person;  provided,  that  the  main  pipe  or  wire  is  at  the  time  of  such  request 
within  five  hundred  feet  of  the  land  on  which  such  buildings  or  residences 
are  located,  then  said  electric  light  or  water  company  or  corporation  shall 
place  main  pipe  or  wires  at  their  own  expense  to  the  end  or  side  of  the  land 
on  which  such  building  or  residences  are  located,  and  when  such  owner  or 
person  occupying  such  building  or  residence  offer  to  pay  said  superintendent 
or  manager  or  person  in  control  of  such  electric  light  or  water  company  or 
corporation  a  reasonable  amount  for  such  connection  or  connections;  provided, 
that  all  wiring  for  electric  lights  shall  be  done  in  accordance  with  the  rules 
and  regulations  of  the  National  Fire  Underwriters'  Association. 

6845.  Not  to  apply  to  private  companies. 

SEC.  2.  Nothing  in  section  1  of  this  act  shall  apply  to  any  electric  light  or 
water  company  or  corporation  which  uses  the  lights  or  water  furnished  by 
them  for  their  own  personal  use,  or  which  is  not  in  the  business  of  selling 
water  or  light. 

6846.  Liability  for  refusal. 

SEC.  3.  Any  superintendent  or  manager  or  person  in  control  of  any  elec- 
tric light  or  water  company  or  corporation  refusing  to  comply  with  section  1 
of  this  act  by  refusing  to  make  such  connection  or  connections  or  furnish 
water  or  light  within  fifteen  days  from  the  time  such  connections  are  asked 
for,  can  be  sued  for  damages  by  the  owners  or  person  occupying  such  resi- 
dence or  buildings  to  which  such  refusal  is  made  and  such  owners  or  person 
shall  be  granted  damages  to  the  sum  of  not  less  than  one  hundred  ($100)  or 
more  than  three  hundred  dollars  ($300)  for  each  offense. 

An  Act  to  prevent  slavery  or  involuntary  servitude,  unless  for  the  punishment 
of  crime,  in  the  State  of  Nevada,  and  to  enforce  the  provisions  of  section 
17  of  article  1  of  the  constitution  of  the  State  of  Nevada. 

Approved  March  8,  1879.  105 

WHEREAS,  All  Chinese  who  come  to  this  coast  arrive  here  under  a  contract 
to  labor  for  a  term  of  years,  and  are  bound  by  such  contract,  not  only  by  the 
superstitions  of  their  peculiar  religions,  but  by  leaving  their  blood  relations, 
fathers,  mothers,  sisters,  brothers,  or  cousins,  as  hostages  in  China  for  the 
fulfilment  of  their  part  of  the  contract;  and,  whereas,  such  slave  labor  and 
involuntary  servitude  is  opposed  to  the  genius  of  our  institutions,  opposed  to 
the  prevailing  spirit  of  the  age,  as  well  as  to  humanity  and  Christianity,  and 
degrades  the  dignity  of  labor,  which  is  the  foundation  of  republican  institu- 
tions; and,  whereas,  section  17  of  article  1  of  the  constitution  of  the  State  of 
Nevada  reads  as  follows:  "Neither  slavery,  nor  involuntary  servitude,  unless 
for  the  punishment  of  crimes,  shall  ever  be  tolerated  in  this  state" ;  therefore, 

6847.  Involuntary  servitude. 

SECTION  1.  The  immigration  to  this  state  of  all  slaves  and  other  people 
bound  by  contract  to  involuntary  servitude  for  a  term  of  years  is  hereby 
prohibited. 

Slavery  prohibited  except  for  crime,  U.  S.  Const.,  sec.  183;  State  Const.,  sec.  24(3. 

6848.  Collection  of  wa^es. 

SEC.  2.  It  shall  be  unlawful  for  any  company,  person  or  persons,  to 
collect  the  wages  or  compensation  for  the  labor  of  the  persons  described  in 
the  first  section  of  this  act. 


1943  CRIMINAL  PRACTICE  Sec.  6850 

6849.  To  pay  wages,  unlawful.  • 

SEC.  3.  It  shall  be  unlawful  for  any  corporation,  company,  person  or 
persons,  to  pay  to  any  owner,  or  agent  of  the  owner  of  any  such  persons 
mentioned  in  section  1  of  this  act,  any  wages  or  compensation  for  the  labor 
of  such  slaves  or  persons  so  bound  by  said  contract  to  involuntary  servitude. 

6850.  Penalty. 

SEC.  4.  Any  violation  of  any  of  the  provisions  of  this  act  shall  be  deemed 
a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than  three  hun- 
dred dollars,  nor  more  than  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  of  not  less  than  three  months  or  more  than  six  months, 
or  by  both  such  fine  and  imprisonment. 


CRIMINAL  PRACTICE 

General  act  regulating  criminal  practice,  sections  6851-7529. 

Act  to  prohibit  the  sale  of  ardent  spirits  to  Indians,  making  Indians  competent  witnesses, 
section  7530,  7531. 

Act  to  detect  and  punish  incendiaries,  sections  7532-7539. 

Act  to  provide  for  the  payment  of  attorneys  appointed  by  the  court  to  defend  in  criminal 
cases,  sections  7540,  75-41. 

Act  creating  coroner  districts,  making  justices  of  the  peace  ex  officio  coroners,  and  denn- 
ing their  duties,  sections  7542-7560. 

Arrest  in  civil  cases  in  district  court,  section  5087,  et  seq. 
Arrest  in  civil  cases  in  justice's  court,  section  5744,  et  seq. 
Arrest  in  criminal  cases,  sections  6930-6951,  et  seq. 
<'i\il  practice  act,  sections  4943-5821. 
Contempts,  sections  5394-5407. 

Contempts  punishable  in  justice's  courts,  sections  5794-5798. 
Crimes  and  punishments,  sections  6266-6850. 
('limes  under  other  titles,  schedule  of,  section  6266. 

District  court  has  jurisdiction  of  crimin;il  cases  appealed  from  justice's  court,  sections 
4840,  4848. 

Grand  juries  under  jurisdiction  of  district  court,  section  4848. 
Habeas  corpus,  sections  6226-6265. 

Indictment  found  and  triable  in  district  court,  section  4848. 
Judge  of  municipal  or  recorder's  court  as  committing  magistrate,  section  4848. 
Jurisdiction  of  public  offenses,  supreme  court,  sections  319,  4832,  4834;   district  courts, 
sections  321,  4840,  4848;  justices'  courts,  sections  323,  4851;  municipal  or  recorder's  court, 
sections  316,  324,  4854;  committing  magistrates,  section  6927,  et  seq. 

Juvenile  court  law  under  jurisdiction  of  district  court,  section  729,  et  seq. 
Prosecution  and  expenses  of  offenses  by  persons  in  or  escaping  from  state  prison,  sec- 
tion 6820. 

Trial  and  sentence  for  crimes  committed  by  imprisoned  person,  sections  6818,  6819. 
Witness  fees  in  criminal  cases  not  allowed,  section  2000. 

Allowed:  Clark  County,  Stats.  1909,  p.  128,  and  Stats.  1907,  p.  150. 

Elko,  Esmeralda,  Eureka,  Humboldt,  and  Mineral  Counties,  Stats.  1911,  p.  361. 

Lander  County,  Stats.  1909,  p.  78. 

Lincoln  County,  Stats.  1907,  p.  150. 

Nye  County,  Stats.  1909,  p.  158. 

White  Pine  County,  Stats.  1909,  p.  168. 

CONSTITUTIONAL  PROVISIONS 

Accused  not  to  be  compelled  to  be  witness  against  himself,  section  237;  U.  S.  Const., 
section  175. 

Appeal,  legislature  may  prescribe  methods,  section  323. 

Bail,  excessive  not  to  be  required,  section  235;  U.  S.  Const.,  section  178. 

Bail  to  be  allowed,  except  when,  section  236. 

Bill  of  attainder  not  to  be  passed,  section  244. 

Charge  to  jury,  how  to  be  made,  section  327. 

Civil  process  suspended  on  election  day,  section  253. 

Concurrent  jurisdiction  of  district  and  justices'  courts,  section  323. 


Sec.  6851  CRIMINAL  PRACTICE  1944 

Counsel,  right  of  accused  to  have,  section  237;  U.  S.  Const.,  section  178. 

Court  may  state  testimony  and  declare  the  law,  section  327. 

^  Due  ^process  and  equal  protection  of  law  guaranteed,  section  237;  U.  S.  Const.,  sections 
175,  185. 

Extradition,  U.  S.  Const.,  section  161. 

Fines,  pledged  to  educational  purposes,  section  355. 

Fines,  excessive  not  to  be  imposed,  section  235;  U.  S.  Const.,  section  178. 

Fines,  governor  may  suspend  collection  of  not  exceeding  sixty  days,  section  306. 

Fines,  remission  of,  section  307. 

Freedom  of  speech  and  press,  section  238. 

Habeas  corpus  not  to  be  suspended  except  in  case  of  rebellion  or  invasion,  section  ?34- 
U.  S.  Const,,  section  130. 

Impeachment,  chief  justice  and  associate  justices  liable  to,  sections  335,  336. 

Impeachment,  district  judges  subject  to,  sections  335,  336. 

Impeachment,  powers  of,  conferred  upon  the  legislature,  section  334. 

Impeachment  proceedings  in  senate,  chief  justice  to  preside  over,  section  334. 

Impeachments,  sections  335,  336. 

Impeachments,  conviction  on  not  pardonable,  section  307. 

Imprisonment  for  debt  prohibited,  except  for  fraud,  libel  or  slander,  section  243. 

Indictment,  trial  by  secured  (resolution  for  amendment  of  state  constitution  pendino-) 
section  237;  U.  S.  Const.,  section  175. 

Information,  resolutions  of  legislatures  1909,  1911,  favoring  amendment  of  constitution 
to  allow  prosecutions  by,  section  237. 

Jeopardy,  no  person  to  be  twice  put  in,  section  237;  U.  S.  Const.,  section  175. 

Judges   not  to  charge  juries  regarding  matters  of  fact,   but  may  state  testimony  and 
declare  the  law,  section  327. 

Judicial   power   of   state   in   supreme   court,   district   courts,   justices   of   the   peace   and 
municipal  courts,  section  316. 

Judicial  power  of  the  United  States,  U.  S.  Const.,  sections  119,  154. 

Juries,  how  to  be  charged,  section  327. 

Juries,  persons  convicted  of  crime,  or  not  electors,  not  to  serve  on,  section  285. 

Jurisdiction  of  public  offenses,  supreme  court,  section  319;   district  courts,  section  321; 
justices'  courts,  section  323;  municipal  or  recorder's  court,  sections  316,  324. 

Jury  trial  secured,  section  232;  U.  S.  Const.,  sections  156,  176. 

Libel,  in  civil  and  criminal  actions  for,  truth  may  be  given  in  evidence,  section  238. 

Libel,  if  true  and  justifiable  jury  may  acquit,  section  238. 

Liberty  guaranteed,  section  230. 

Militia  fine,  imprisonment  for  in  time  of  peace  prohibited,  section  243. 

Pardons,  section  307. 

Eight  of  assembly  and  petition,  section  238. 

Search  and  seizure  not  to  take  place  without  oath  and  probable  cause,  section  247;  U.  S. 
Const.,  section  174. 

Slavery  prohibited  except  for  crime,  section  246;  U.  S.  Const.,  section  183. 

Style  of  process,  "The  State  of  Nevada,"  section  328. 

Testimony,  court  may  state,  section  327. 

Treason  defined,  two  witnesses  necessary,  section  248;  U.  S.  Const.,  section  157. 

Treason,  governor  may  suspend  sentence  until  convening  of  legislature,  section  306. 

Treason  not  pardonable,  section  307. 

An  Act  to  regulate  proceedings  in  criminal  cases  in  this  state  and  to  repeal  all 

other  acts  in  relation  thereto. 

Approved  March  17,  1911;  effective  January  1,  1912 

Chapter    1 — Preliminary  provisions,  sections  6851-6858. 
Chapter    2 — Lawful  resistance,  sections  6859-6861. 
Chapter    3 — Intervention  of  the  officers  of  justice,  sections  6862,  6863. 
Chapter    4 — Security  to  keep  the  peace,  sections  6864-6877. 
Chapter   5 — Impeachments,  sections  6878-6893. 

Chapter    6 — Removal  of  civil  officers  otherwise  than  by  impeachment,  sections  6894-6907. 
Chapter    7 — Local  jurisdiction  of  public  offenses,  sections  6908-6920. 
Chapter    8— Time  of  commencing  criminal  actions,  sections  6921-6926. 
Chapter    9 — Magistrates  and  complaint,  sections  6927-6929. 
Chapter  10 — Warrant  of  arrest,  release  on  bail,  sections  6930-6950. 
Chapter  11 — Arrest,  by  whom  and  how  made,  sections  6951-6967. 
Chapter  12 — Retaking  prisoner  after  escape  or  rescue,  sections  6968,  6969. 
Chapter  13 — Examination,    discharge    of,    or    holding    defendant    to    answer,    sections 
6970-6998. 


1945  CRIMINAL  PRACTICE  Sec.  6851 

Chapter  14 — Prosecution  by  indictment  or  accusation,  sections  6999-7001. 
Chapter  15 — Formation  of  grand  jury,  sections  7002-7019. 
Chapter  16 — Powers  and  duties  of  grand  jury,  sections  7020-7033. 

Chapter  17 — Presentment  and  proceedings  thereon,  bench  warrant,  sections  7034-7041. 
Chapter  18 — The  indictment — Finding,  presentation  and  filing,  sections  7042-7047. 
Chapter  19 — Rules  of  pleading  and  form  of  the  indictment,  sections  7048-7073. 
Chapter  20 — Bench  warrant  and  bail,  sections  7074-7089. 
Chapter  21 — Setting  aside  the  indictment,  sections  7090-7094. 
Chapter  22 — Demurrer,  sections  7095-7105. 
Chapter  23 — The  plea,  sections  7106-7114. 

Chapter  24 — Removal  of  action  before  trial,  sections  7115-7120. 
Chapter  25— Mode  of  trial,  sections  7121-7123. 

Chapter  26 — Formation  of  trial  jury — Calendar,  sections  7124-7127. 
Chapter  27 — Postponement  of  trial,  section  7128. 
Chapter  28 — Challenging  the  jury,  sections  7129-7158. 
Chapter  29— The  trial,  sections  7159-7203. 
Chapter  30 — Conduct  of  jury,  sections  7204-7212. 
Chapter  31— The  verdict,  sections  7213-7226. 
Chapter  32 — Exceptions,  sections  7227-7231. 
Chapter  33— New  trial,  sections  7232-7237. 
Chapter  34— Arrest  of  judgment,  sections  7238-7241. 
Chapter  35 — The  judgment,  sections  7242-7263. 
Chapter  36 — The  execution,  sections  7264-7282. 

Chapter  37 — Bill  of  exceptions,  appeal  without,  on  error  in  record,  sections  7283-7285. 
Chapter  38— Appeal,  sections  7286-7307. 
Chapter  39— Bail,  sections  7308-7347. 

Chapter  40— Compelling  attendance  of  witnesses,  sections  7348-7364. 
Chapter  41 — Examination  of  witnesses  on  commission,  sections  7365-7384. 
Chapter  42 — Inquiry  into  sanity  of  defendant,  sections  7385-7394. 
Chapter  43 — Dismissal  of  action,  sections  7395-7401. 
Chapter  44 — Proceedings  against  corporations,  sections  7402-7410. 
Chapter  45 — Compromising  public  offenses,  sections  7411-7413. 
Chapter  46— Entitling  affidavits,  section  7414. 

Chapter  47 — Search  warrants,  search  of  persons  charged  with  felony,  sections  7415-7434. 
Chapter  48 — Fugitives  from  justice,  sections  7435-7444. 
Chapter  49 — Disposal  of  property  stolen  or  embezzled,  sections  7445-7450. 
Chapter  50 — Witnesses,  sections  7451-7456. 
Chapter  51— General  provisions,  sections  7457-7469. 
Jj~  Chapter  52 — Justices'  courts,  sections  7470-7524. 

Chapter  53 — Repeal  and  continuance  of  certain  acts  relating  to  criminal  practice,  sections 
7525-7529. 

CHAPTER  1 

PRELIMINARY   PROVISIONS 

6851.  Criminal  action  defined.  6856.  Second    prosecution    for    same    offense 

6852.  Criminal  action,  how  prosecuted.  prohibited. 

6853.  Defendant  defined.  6857.  Witness     against     self  —  Unnecessary 

6854.  Public  offenses,  how  prosecuted.  restraint. 

6855.  Criminal  action,  rights  of  defendant.  6858.  Conviction  must  be  based  on  verdict 

or  judgment. 

6851.    Criminal  action  defined. 

SECTION  1.  The  proceedings  by  which  a  party  charged  with  a  public  offense 
is  accused  and  brought  to  trial  and  punishment,  shall  be  known  as  a  criminal 
action. 

Kerr,  Pen.  C.,683. 

Cited  generally,  State  v.  Millain,  4  Nev.  Cited,  State  v.  Borowsky,  11  Nev.  124; 

464;  State  v.  Somers,  9  Nev.  399;  State  v.  Egan  v.  Jones,  21  Nev.  436  (32  P.  929);  Bell 

McClear,  11  Nev.  42,  43;  State  v.  Johnson,  v.  District  Court,  28  Nev.  299,  163  A.  S.  854,  1 

11  Nev.  148.  L.  R.  A.  (N.  S.)  843,  81  P.  875. 


Sec.  6852  CRIMINAL  PRACTICE  1946 

6852.  Criminal  action,  how  prosecuted. 

SEC.  2.     A  criminal   action   is  prosecuted   in  the  name  of   The  State   of 
Nevada,  as  plaintiff. 

Kerr,  Pen.  C.,684. 

6853.  Defendant  defined. 

SEC.  3.     The  party  prosecuted  in  a  criminal  action  is  designated  as  the 
defendant. 

Kerr,  Pen.  C.,  680. 

6854.  Public  offenses,  how  prosecuted. 

SEC.  4.     Every  public  offense  must  be  prosecuted  by  indictment,  except: 

1.  Where  proceedings  are  had  for  the  removal  of  a  civil  officer; 

2.  Offenses  arising  in  the  militia  when  in  actual  service  in  time  of  war,  or 
which  this  state  may  keep,  with  the  consent  of  Congress,  in  time  of  peace; 

3.  Offenses  tried  in  justices'  courts. 

Kerr,  Pen.  C.,682. 

Legislative  resolution  for  amendment  of  constitution  so  as  to  allow  prosecutions  by  infor- 
mation, pending,  sec.  237. 

6855.  Criminal  action,  rights  of  defendant. 

SEC.  5.     In  a  criminal  action  the  defendant  is  entitled: 

1.  To  a  speedy  and  public  trial; 

2.  To  be  allowed  counsel,  as  in  civil  actions;  or  he  may  appear  and  defend 
in  person  or  with  counsel;  and, 

3.  To  produce  witnesses  on  his  behalf,  and  to   be   confronted   with   the 
witnesses  against  him  in  the  presence  of  the  court,  except  that  where  the 
charge  has  been  preliminarily  examined  before  a  committing  magistrate,  and 
the  testimony  taken  down  in  writing,  and  subscribed-  by  the  witness  in  the 
presence  of  the  defendant,  who  has,  either  in  person  or  by  counsel,  cross- 
examined,  or  had  an  opportunity  to  cross-examine  the  witness;  or  where  the 
testimony  of  a  witness  on  the  part  of  the  state,  who  is  unable  to  give  secur- 
ity for  his  appearance,  has  been  taken  conditionally,  in  the  like  manner,  in 
the  presence  of  the  defendant,  who  has,  either  in  person  or  by  counsel,  cross- 
examined,  or  had  an  opportunity  to  cross-examine  the  witness,  the  deposition 
of  such  witness  may  be  read  upon  its  being  satisfactorily  shown  to  the  court 
that  he  is  dead  or  insane,  or  cannot,  with  due  diligence,  be  found  within  the 
state. 

Kerr,  Pen.  C.,  686. 

See  Const.,  sec.  237. 

Every  person  held  on  a  criminal  charge  accused  of  crime  is  a  trial  as  soon  as  possi- 

has  the  legal  right  to  demand  a  speedy  and  ble  after  indictment  found,  without  depriv- 

impartial  trial  by  jury.  Ex  Parte  Stanley,  ing  the  prosecution  of  a  reasonable  time  for 

4  Nev.  113,  116-119.  '  preparation.  Idem. 

The  speedy  trial  guaranteed  every  person  Cited,  Ex  Parte  Maxwell,  11  Nev.  433. 

6856.  Second  prosecution  for  same  offense  prohibited. 

SEC.  6.     No  person  can   be  subject  to  a  second  prosecution  for  a  public 
offense  for  which  he  has  once  been  prosecuted  and  duly  convicted  or  acquitted. 

Kerr,  Pen.  C.,  687. 

Where   one   charged   with   murder   is   con-  In   re   Somers,   31   Nev.   531,   536  (135   A.   S. 

victed  of  involuntary  manslaughter,  and  on  700,  103  P.  1073). 

appeal  a  new  trial  is  granted  him  because  Under     such     circumstances     accused     is 

of  a  mistrial  in  the  first  instance,  the  rever-  estopped  from  pleading  rights  under  Const., 

sal  and  remanding  sets  aside  the  result  of  sec.    237,    ante,    or    under    this    section,    and 

the  former  trial  and  leaves  accused  in  the  waives  his  rights  thereunder.     Idem, 
same  position  as  if  he  had  never  been  tried. 

6857.  Witness  against  self— Unnecessary  restraint. 

SEC.  7.     No  person  can  be  compelled,  in  a  criminal  action,  to  be  a  witness 
against  himself,  nor  shall  a  person  charged  with  a  public  offense  be  sub- 


1947  CRIMINAL  PRACTICE  Sec.  6863 

jected,  before  conviction,  to  any  more  restraint  than  is  necessary  for  his 
detention  to  answer  the  charge. 

Kerr,  Pen.  (\.  688. 

sec.  7KU;  U.  S.  Const.,  sec.  175;   State  Const.,  sec.  l'.1',?. 
See  Suite  v.  Ah  riiney,  14  Nev.  SS  (M  A.  K.  oHO);  State  v.  Tetty,  :'>!'  Nev.  :*>S4. 

r>l»."i8.    Conviction  must  be  hased  on  verdict  or  judgment. 

SEC.  8.  No  person  can  be  convicted  of  a  public  offense,  tried  by  indict- 
ment, unless  by  a  verdict  of  a  jury,  accepted  and  recorded  by  the  court,  or 
upon  a  plea  of  guilty,  or  when  he  refuses  to  plead  after  judgment  against 
him  upon  a  demurrer  to  the  indictment. 

Kcrr.  Pen.  ('..  689. 

night  of  trial  hv  jury  secure.!,  ('.  S.  ( 'oust .,  sees.    i:>«>,  17<>;   State  Const.,  sec.  L'.'SL'. 

CHAPTER  2 

OF  LAWFUL  RESISTANCE 

685!).     Lawful  resistance,  hv  whom  made. 

SEC.  9.  Lawful  resistance  to  the  commission  of  a  public  offense  may  be 
made: 

1.  By  the  party  about  to  be  injured; 

2.  By  other  parties. 

Ken-.  Pen.  ('.,  (i'.CJ. 

MHO.     Resistance  to  prevent  otleiisr.  b.v  whom  made. 

SEC.  10.  Resistance  sufficient  to  prevent  the  offense  may  be  made  by  the 
party  about  to  be  injured: 

1.  To  prevent  an  offense  against  his  person,  or  his  family,  or  some  mem- 
ber thereof; 

2.  To  prevent  an  illegal  attempt,  by  force,  to  take  or  injure  property  in  his 
lawful  possession. 

Kerr.  Pen.  ('.,  »;<.»:;. 

6861.  Others  ma.v  resist,  when. 

SEC.  11.  Any  other  person,  in  aid  or  defense  of  a  person  about  to  be 
injured,  may  make  resistance  sufficient  to  prevent  the  offense. 

Kerr,  Pen.  ('.,  (I'M. 

Where  one  believes  as  a  reasonable  man       such  other  as  the  latter  would  have  to  defend 
tlniT    another  who  has  been  assaulted  is  in       himself.     State   v.    Hennessy,   29    Nev.    320, 
ihingi'i-  of  losing  his  life,  or  of  suffering  great       .''.40  (90  P.  221). 
bodily  harm,  he  has  the  same  right  to  defend 

CHAPTER  3 

OF  THE  INTERVENTION  OF  OFFICERS  OF  JUSTICE 

6862.  Intervention  of  officers,  in  what  cases. 

SEC.  12.  Public  offenses  may  be  prevented  by  the  intervention  of  the 
officers  of  justice: 

1.  By  requiring  surety  to  keep  the  peace; 

2.  By  forming  a  police  in  cities  and  towns,  and  requiring  their  attendance 
in  exposed  places; 

3.  By  suppressing  riots. 

Kerr,  Pen.  C.,  697. 

6863.  Intervention  by  persons  aiding  officers. 

SEC.  13.  Whenever  the  officers  of  justice  are  authorized  to  act  in  the  pre- 
vention of  public  offenses,  other  persons,  who  by  their  command  act  in  their 
aid,  are  justified  in  so  doing. 

Kerr,  Pen.  C.,  W)S. 
See  8608.6361,6606. 


Sec,  6864  CRIMINAL  PRACTICE  1948 

CHAPTER  4 

SECURITY  TO  KEEP  THE  PEACE 

6864.  Complaint  for  threatening.  6872.  Bond  to  be  filed. 

6865.  Examination,  depositions.  6873.  Breach    of    peace    before    magistrate, 

6866.  Magistrate  to  issue  warrant  of  arrest.  when  security  required. 

6867.  Hearing  of  evidence.  6874.  Bond  to  keep  the  peace,  when  broken. 

6868.  Complaint  dismissed,  when.  6875.  Bond  to  keep  the  peace,  when  and  how 

6869.  Security  to  keep  the  peace.  prosecuted. 

6870.  Giving  or  refusing  to  give  bond,  effect.       6876.  Breach  of  bond,  evidence. 

6871.  Person  committed  may  give  bail  later.       6877.  No    other    security    required,    chapter 

governs. 

6864.  Complaint  for  threatening:. 

SEC.  14.  A  complaint  may  be  laid  before  any  magistrate  that  a  person  has 
threatened  to  commit  an  offense  against  the  person  or  property  of  another. 

Kerr,  Pen.  C.,  701. 

6865.  Examinations,  depositions. 

SEC.  15.  When  the  complaint  is  laid  before  the  magistrate,  he  must  exam- 
ine, on  oath,  the  complainant  and  any  witnesses  he  may  produce  and  must 
take  their  depositions  in  writing,  and  cause  them  to  be  subscribed  by  the  par- 
ties making  them. 

Kerr,  Pen.  C.,702. 

6866.  Magistrate  to  issue  warrant  of  arrest. 

SEC.  16.  If  it  appears  from  the  deposition  that  there  is  just  reason  to  fear 
the  commission  of  the  offense  threatened  by  the  person  so  complained  of, 
the  magistrate  must  issue  a  warrant  directed  generally  to  the  sheriff  of  the 
county,  or  any  constable,  marshal,  or  any  policeman  in  the  state,  reciting  the 
substance  of  the  complaint,  and  commanding  the  officer  forthwith  to  arrest 
the  person  complained  of,  and  bring  him  before  the  magistrate. 

Kerr,  Pen.  C.,703. 

6867.  Hearing;  of  evidence. 

SEC.  17.  When  the  person  complained  of  is  brought  before  the  magis- 
trate, if  the  charge  is  controverted,  the  magistrate  must  take  testimony  in 
relation  thereto.  The  evidence  must  be  reduced  to  writing,  and  subscribed 
by  the  witnesses. 

Kerr,  Pen.  C.,704. 

6868.  Complaint  dismissed,  when. 

SEC.  18.  If  it  appears  that  there  is  no  just  reason  to  fear  the  commission 
of  the  offense  alleged  to  have  been  threatened,  the  person  complained  of  must 
be  discharged. 

Kerr,  Pen.  C.,705. 

6869.  Security  to  keep  the  peace. 

SEC.  19.  If,  however,  there  is  a  just  reason  to  fear  the  commission  of  the 
offense,  the  person  complained  of  may  be  required  to  enter  into  a  bond,  in 
such  sum,  not  exceeding  five  thousand  dollars,  as  the  magistrate  may  direct, 
with  one  or  more  sufficient  sureties,  to  keep  the  peace  towards  the  people  of 
this  state,  and  particularly  towards  the  complainant.  The  bond  shall  be  valid 
and  binding  for  six  months,  and  may,  upon  the  renewal  of  the  complaint,  be 
extended  for  a  longer  period  or  a  new  bond  may  be  required. 

Kerr,  Pen.  C.,  706. 

6870.  (living:  or  refusing:  to  give  bond,  effect. 

SEC.  20.  If  the  bond  required  by  the  last  section  is  given,  the  party  com- 
plained of  shall  be  discharged.  If  he  does  not  give  it,  the  magistrate  must 


1949  CRIMINAL  PRACTICE  Sec.  6877 

commit  him  to  prison,  specifying  in  the  warrant  the  requirement  to  give 
security,  the  amount  thereof,  and  the  omission  to  pay  the  same. 

Kerr,  Pen.  C.,707. 

6871.  Person  committed  may  give  bail  later. 

SEC.  21.  If  the  person  complained  of  is  committed  for  not  giving  the  bond 
required,  he  may  be  discharged  by  any  magistrate  upon  giving  the  same. 

Kerr,  Pen.  C.?  708. 

6872.  Bond  to  be  filed. 

SEC.  22.  A  bond  given,  as  provided  in  section  19,  must  be  filed  by  the 
magistrate  in  the  office  of  the  clerk  of  the  county. 

Kerr,  Pen.  C.,7<>'.). 

6873.  Breach  of  peace  before  magistrate,  when  security  required. 

SEC.  23.  Any  person  who,  in  the  presence  of  a  court  or  magistrate, 
assaults  or  threatens  to  assault  another  or  to  commit  any  offense  against  his 
person  or  property,  or  who  shall  contend  with  another  with  angry  words, 
may  be  ordered  by  the  court  or  magistrate  to  give  security,  as  provided  in 
section  19,  or  if  he  refuses  to  do  so,  he  may  be  committed  as  provided  in 
section  20. 

Kerr,  IVn.C.,710. 

6874-.     Bond  to  keep  the  peace,  when  broken. 

SEC.  24.  A  bond  to  keep  the  peace  must  be  deemed  broken  when  the  per- 
son complained  against  is  convicted  of  a  breach  of  the  peace. 

K.MT.  I'fii.  C.,711. 

6875.  Bond  to  keep  the  peace,  when  and  how  prosecuted. 

SEC.  25.  Upon  the  district  attorney's  producing  evidence  of  such  convic- 
tion to  the  district  court  of  the  county,  the  court  must  order  the  bond  to  be 
prosecuted,  and  the  district  attorney  must  thereupon  commence  an  action  on 
the  same,  in  the  name  of  the  state. 

K.-rr.  Pen.  C..  7PJ. 

6876.  Breach  of  bond,  evidence. 

SEC.  26.  In  the  action,  the  offense  stated  in  the  record  of  conviction,  must 
be  alleged  as  the  breach  of  the  bond,  and  such  record  is  conclusive  evidence 
of  the  breach. 

K.-rr,  Pen.  C.,  713. 

• 

6877.  No  other  security  required,  chapter  governs. 

SEC.  27.  No  security  to  keep  the  peace  or  to  be  of  good  behavior,  is 
required  except  as  herein  prescribed. 

Kerr,  Pen.  C.,  714. 

CHAPTER  5 

OF  IMPEACHMENTS 

6878.  Impeachment,  officers  liable  to.  6885.  If  objection  overruled,  defendant  must 

6879.  Impeachment,  how  tried.  answer. 

6880.  Articles     of    impeachment,    to    whom       6886.  Senate  to  be  sworn. 

delivered.  6887.  Two-thirds  to  convict,  when  must   be 

6881.  Date  of  hearing,  notice  to  defendant.  acquitted. 

6882.  Service  must  be  personal  or  by  publi-       6888.  Judgment,  form,  how  pronounced. 

cation.  6889.  Judgment,  extent  and  nature  of. 

6883.  Impeachment,    when    defendant    does       6890.  Judgment  of  suspension,  effect  of. 

not  appear.  6891.  Officer  suspended  during  hearing,  office 

6884.  Answer  or  demurrer  of  defendant  after  filled  by  governor. 

appearance.  6892.  When  lieutenant-governor  is  impeached. 

6893.  Indictment  not  barred. 

123 


Sec.  6878  CRIMINAL  PRACTICE  1950 

6878.  Impeachment,  officers  liable  to. 

SEC.  28.    Any  state  officer,  created  by  state  law,  shall  be  liable  for  impeach- 
ment for  any  misdemeanor  in  office. 
Kerr,  Pen.  C.,  737. 

6879.  Impeachment,  how  tried. 

SEC.  29.     All  impeachments  must  be  tried  by  the  senate;  when  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  affirmation. 
Kerr,  Pen.  C.,  738. 

6880.  Articles  of  impeachment,  to  whom  delivered. 

SEC.  30.  When  an  officer  of  the  state  is  impeached  by  the  assembly  for  a 
misdemeanor  in  office,  the  articles  of  impeachment  must  be  delivered  to  the 
president  of  the  senate. 

Kerr,  Pen.  C.,  739. 

See  Const.,  sec.  334,  et  seq. 

6881.  Date  of  hearing-,  notice  to  defendant. 

SEC.  31.  The  senate  must  assign  a  day  for  hearing  the  impeachment,  and 
must  inform  the  assembly  thereof.  The  president  of  the  senate  must  cause 
a  copy  of  the  articles  of  impeachment,  with  a  notice  to  appear  and  answer  the 
same  at  the  time  and  place  appointed,  to  be  served  on  the  defendant,  not  less 
than  ten  days  before  the  day  fixed  for  the  hearing. 

Kerr,  Pen.  C.,  740. 

6882.  Service  must  be  personal  or  by  publication. 

SEC.  32.  The  service  must  be  made  upon  the  defendant  personally,  or  if 
he  cannot,  upon  diligent  inquiry,  be  found  within  the  state,  the  senate,  upon 
due  proof  of  that  fact,  may  order  that  publication  be  made  in  such  manner 
as  they  deem  proper,  of  a  notice  requiring  him  to  appear  at  a  specified  time 
and  place,  and  answer  the  articles  of  impeachment. 

Kerr,  Pen.  C.,741. 

6883.  Impeachment,  when  defendant  does  not  appear. 

SEC.  33.  If  the  defendant  does  not  appear,  the  senate,  upon  proof  of  serv- 
ice or  publication  as  provided  in  the  last  two  sections,  may,  of  its  own  motion, 
or  for  cause  shown,  assign  another  day  for  hearing  the  impeachment;  or  may 
then,  or  at  any  other  time  which  it  may  appoint,  proceed,  in  the  absence  of 
the  defendant,  to  trial  and  judgment. 

Kerr,  Pen.  C.,  742. 

6884.  Answer  or  demurrer  of  defendant  after  appearance. 

SEC.  34.  When  the  defendant  appears,  he  may  in  writing  object  to  the 
sufficiency  of  the  articles  of  impeachment,  or  he  may  answer  the  same  by  an 
oral  plea  of  not  guilty,  which  plea  must  be  entered  upon  the  journal,  and 
puts  in  issue  every  material  allegation  of  the  articles  of  impeachment. 

Kerr,  Pen.  C.,  743. 

6885.  If  objection  overruled,  defendant  must  answer. 

SEC.  35.  If  the  objection  to  the  sufficiency  of  the  articles  of  impeachment 
is  not  sustained  by  a  majority  of  the  members  of  the  senate,  who  heard  the 
argument,  the  defendant  must  be  ordered  forthwith  to  answer  the  articles  of 
impeachment.  If  he  then  pleads  guilty,  or  refuses  to  plead,  the  senate  must 
render  judgment  of  conviction  against  him.  If  he  pleads  not  guilty,  the  sen- 
ate must,  at  such  time  as  it  may  appoint,  proceed  to  try  the  impeachment. 

Kerr,  Pen.C.,  744. 

6886.  Senate  to  be  sworn. 

SEC.  36.     At  the  time  and  place  appointed,  and  before  the  senate  proceeds 


1951  CRIMINAL  PRACTICE  Sec.  6893 

to  act  on  the  impeachment,  the  secretary  must  administer  to  the  president 
of  the  senate,  and  the  president  of  the  senate  to  each  of  the  members  of  the 
senate  then  present,  an  oath  truly  and  impartially  to  hear,  try,  and  determine 
the  impeachment;  and  no  member  of  the  senate  can  act  or  vote  upon  the 
impeachment,  or  upon  any  question  arising  thereon,  without  having  taken 
such  oath.  When  such  oath  has  been  administered,  the  senate  must  proceed 
to  try  and  determine  the  impeachment,  and  may  adjourn  the  trial  from  time 
to  time. 

K.-rr,  IVn.  C.,74:>. 

6887.  Two-thirds  to  convict,  when  must  be  acquitted. 

SEC.  37.  The  defendant  cannot  be  convicted  on  impeachment  without  the 
concurrence  of  two-thirds  of  the  members  elected,  voting  by  ayes  and  noes, 
and  if  two-thirds  of  the  members  elected  do  not  concur  in  a  conviction  he 
must  be  acquitted. 

Krrr,  IVn.  (\,  74(>. 

6888.  Judgment,  form,  how  pronounced. 

SEC.  38.  After  conviction  the  senate  must,  at  such  time  as  it  may  appoint, 
pronounce  judgment  in  the  form  of  a  resolution  which  must  be  entered  upon 
the  journal  'of  the  senate.  On  the  adoption  of  the  resolution  by  a  majority 
of  the  members  present,  who  voted  on  the  question  of  acquittal  or  conviction, 
it  becomes  the  judgment  of  the  senate. 

K«-rr.  IVn.  C.,747,  748, 

6889.  Judgment, extent  and  nature  of. 

SEC.  39.  The  judgment  may  be  that  the  defendant  be  suspended,  or  that 
he  be  removed  from  office  and  disqualified  to  hold  any  office  of  honor,  trust, 
or  profit  under  the  state. 

Krrr,  IVn.  C.,740. 

6890.  .1  mlgiiHMit  of  suspension,  effect  of. 

SEC.  40.  If  the  judgment  of  suspension  is  given,  the  defendant  during 
the  continuance  thereof,  is  disqualified  from  receiving  the  salary,  fees,  or 
emoluments  of  the  office. 

Kerr,  IVn.  (\,  Tod. 

6891.  Officer  suspended  during  hearing,  office  filled  by  governor. 

SEC.  41.  Whenever  articles  of  impeachment  against  any  officer  subject  to 
impeachment  are  presented  to  the  senate,  such  officer  is  temporarily  sus- 
pended from  his  office,  and  cannot  act  in  his  official  capacity  until  he  is 
acquitted.  Upon  such  suspension  of  any  officer,  other  than  the  governor, 
his  office  must  at  once  be  temporarily  filled  by  an  appointment  made  by  the 
governor,  with  the  advice  and  consent  of  the  senate,  until  the  acquittal  of 
the  party  impeached;  or,  in  case  of  his  removal,  until  the  vacancy  is  filled  as 
provided  by  law. 

Kerr,  Pen.  C.,751. 

6892.  When  lieutenant-governor  is  impeached. 

SEC.  42.  If  the  lieutenant-governor  is  impeached,  notice  of  the  impeach- 
ment must  be  immediately  given  to  the  senate  by  the  assembly,  that  another 
president  may  be  chosen. 

Kerr,  Pen.  C.,7o2. 

6893.  Indictment  not  barred. 

SEC.  43.  If  the  offense  for  which  the  defendant  is  convicted  on  impeach- 
ment is  also  the  subject  of  an  indictment,  the  indictment  is  not  barred  thereby. 

Kerr,  Pen.  C.,  753. 

Cited,  Egan  v... Tones,  21  Nev.  436  (32  P.  929). 


Sec.  6894  CRIMINAL  PRACTICE  1952 

CHAPTER  6 

OF    THE   REMOVAL   OF   CIVIL   OFFICERS  OTHERWISE    THAN    BY   IMPEACHMENT 

6894.  Written  accusation  presented  to  grand  6901.  Objection     not     sustained,     defendant 

jury.  must  answer  forthwith. 

6895.  Statement  of  offense.  6902.  Plea,  failure  to  make — Trial,  when. 

6896.  Accusation  delivered  to  district  attor-  6903.  Trial  by  jury,  manner  of  conducting. 

ney,  notice  to  defendant.  6904.  Attendance  of  witnesses,  process. 

6897.  Defendant    to    appear  —  Proceedings  6905.  Judgment,  form  of. 

when  defendant  fails  to  appear.  6906.  Appeal,     defendant     suspended,     office 

6898.  Answer  of  defendant,  how  made.  may  be  filled. 

6899.  Objection  to  sufficiency,  form  of.  6907.  Proceedings  to  remove   district   attor- 

6900.  Denial  of  accusations,  manner  of.  ney. 

6894.  AYritten  accusation  presented  to  grand  jury. 

SEC.  44.  An  accusation  in  writing  against  any  district,  county,  township, 
or  municipal  officer,  for  wilful  or  corrupt  misconduct  in  office,  may  be  pre- 
sented by  the  grand  jury  of  the  county  for  or  in  which  the  officer  accused  is 
elected  or  appointed. 

Kerr,  Pen.  C.,758. 

Every   wilful   violation   of  his  duty  by  a  lie  administrator  to  embezzle  money  received 

public  administrator  is  a  misdemeanor,  pun-  ex  officio  after  his  term  of  office  has  expired, 

ishable    by    fine    and    removal    from    office.  Idem.                                                           • 

State  v.  Borowsky,  11  Nev.  119.  Sees.  68.  281  of  the  act  of  1861,  435,  cited, 

It  is  a  "misdemeanor  in  office"  for  a  pub-  Bell  v.  District  Court,  28  Nev.  299. 

6895.  Statement  of  offense. 

SEC.  45.  The  accusation  must  state  the  offense  charged  in  ordinary  and 
concise  language,  and  without  repetition. 

Kerr,  Pen.  C.,  759. 

6896.  Accusation  delivered  to  district  attorney— Notice  to  defendant. 

SEC.  46.  The  accusation  must  be  delivered  by  the  foreman  of  the  grand 
jury  to  the  district  attorney  of  the  county,  except  when  he  is  the  officer 
accused,  who  must  cause  a  copy  thereof  to  be  served  upon  the  defendant,  and 
require,  by  notice  in  writing  of  not  less  than  ten  days,  that  he  appear  before 
the  district  court  of  the  county,  at  the  time  mentioned  in  the  notice,  and 
answer  the  accusation.  The  original  accusation  must  then  be  filed  with  the 
clerk  of  the  district  court. 

Kerr,  Pen.  C.,  760. 

6897.  Defendant  to  appear— Proceedings  when  defendant  fails  to  appear. 

SEC.  47.  The  defendant  must  appear  at  the  time  appointed  in  the  notice 
and  answer  the  accusation,  unless  for  some  sufficient  cause  the  court  assigns 
another  day  for  that  purpose.  If  he  does  not  appear,  the  court  may  proceed 
to  hear  and  determine  the  accusation  in  his  absence. 

Kerr,  Pen.  C.,  761. 

6898.  Answer  of  defendant,  how  made. 

SEC.  48.  The  defendant  may  answer  the  accusation  either  by  objecting  to 
the  sufficiency  thereof,  or  of  any  article  therein,  or  by  denying  the  truth  of 
the  same. 

Kerr,  Pen.  C.,  762. 

6899.  Objection  to  sufficiency,  form  of. 

SEC.  49.  If  he  objects  to  the  legal  sufficiency  of  the  accusation,  the 
objection  must  be  in  writing,  but  need  not  be  in  any  specific  form,  it  being 
sufficient  if  it  presents  intelligibly  the  grounds  of  the  objection. 

Kerr,  Pen.  C.,  763. 

6900.  Denial  of  accusation,  manner  of. 

SEC.  50.  If  he  denies  the  truth  of  the  accusation,  the  denial  may  be  oral 
and  without  oath,  and  must  be  entered  upon  the  minutes. 

Kerr,  Pen.  C.,764. 


1953  CRIMINAL  PRACTICE  See.  6907 

(>IM)1.    Objection  not  sustained,  defendant  must  answer  forthwith. 

SEC.  51.  If  the  objection  to  the  sufficiency  of  the  accusation  is  not  sus- 
tained, the  defendant  must  answer  thereto  forthwith. 

Kerr,  Pen.  C.,  765. 

H902.    Plea,  failure  to  make—  Trial,  when. 

SEC.  52.  If  the  defendant  pleads  guilty,  or  refuses  to  answer  the  accusa- 
tion, the  court  must  render  judgment  of  conviction  against  him.  If  he 
denies  the  matters  charged,  the  court  must  immediately,  or  at  such  time  as 
it  may  appoint,  proceed  to  try  the  accusation. 

Kerr,  Pen.  C.,  TUli. 

(H)03.    Trial  by  jury,  manner  of  conducting. 

SEC.  53.  The  trial  must  be  by  a  jury,  and  conducted  in  all  respects  in  the 
same  manner  as  a  trial  upon  an  indictment. 

Kerr,  Pen.  C.,  767. 
Sec  sec.   7lL".».  ct   BCQ. 

(>904.    Attendance  of  witnesses,  process. 

SEC.  54.  The  district  attorney  and  the  defendant  are  respectively  entitled 
to  such  process  as  may  be  necessary  to  enforce  the  attendance  of  witnesses 
as  upon  a  trial  upon  indictment. 

Kerr,  Pen.  C.,  768. 

6905.    Judgment,  form  of. 

SEC.  55.  Upon  a  conviction  the  court  must  immediately,  or  at  such  time 
as  it  may  appoint,  pronounce  judgment  that  the  defendant  be  removed  from 
office;  but,  to  warrant  a  removal,  the  judgment  must  be  entered  upon  the 
minutes  and  the  cause  of  removal  must  be  assigned  therein. 

Kcrr.  IVii.  C.,  7119. 

6JMHJ.    Appeal,  defendant  suspended,  office  may  be  filled. 

SEC.  56.  From  a  judgment  of  removal  an  appeal  may  be  taken  to  the 
supreme  court  in  the  same  manner  as  from  a  judgment  in  other  criminal 
actions,  but  until  such  judgment  is  reversed  the  defendant  must  be  sus- 
pended from  his  office.  Pending  the  appeal  the  office  may  be  filled  as  in  case 
of  vacancy. 

Kerr,  IVn.  C.,  770. 

6907.    Proceedings  to  remove  district  attorney. 

SEC.  57.  The  same  proceedings  may  be  had  on  like  grounds  for  the 
removal  of  a  district  attorney,  except  that  the  accusation  must  be  delivered 
to  the  district  judge  of  the  district,  who  must  thereupon  appoint  some  one  to 
act  as  prosecuting  officer  in  the  matter,  or  place  the  accusation  in  the  hands 
of  the  district  attorney  of  an  adjoining  county,  and  require  him  to  conduct 
the  proceedings. 

Kerr,  Pen.  C.,  771. 

See  sees.  2851-2854,  2861-2863. 

CHAPTER  7 

OF  THE  LOCAL  JURISDICTION  OF  PUBLIC  OFFENSES 


Offenses  committed  in  state,  jurisdic-  6914.  Offenses  concerning  animals  ranging  in 

tion  of.  two  or  more  counties,  jurisdiction. 

Offenses  commenced  without,  but  con-  6915.  Kidnaping  and  abduction,  jurisdiction. 

eluded  within  state,  jurisdiction  of.  .  6916.  Bigamy  and  incest,  jurisdiction. 

6!)  H).  Death  by  dueling,  jurisdiction.  6917.  Property  stolen  and  moved  to  another 

6911.  Offense  partly  in  one  county,  partly  in  county  —  Jurisdiction. 

another,  jurisdiction.  6918.  Accessory,  jurisdiction  of. 

6912.  Offense  committed  on  or  near  boundary,  •  6919.   Conviction     or     acquittal     in     another 

jurisdiction.  state,  bar. 

6913.  Offense  committed  on  vessels  and  cars  6920.  Conviction  in  another  county,  bar. 

within  state,  jurisdiction. 


Sec.  6908  CRIMINAL  PRACTICE  1954 

6908.  Offenses  committed  in  state,  jurisdiction  of. 

SEC.  58.  Every  person,  whether  an  inhabitant  of  this  state,  or  any  other 
state,  or  of  a  territory  or  district  of  the  United  States,  is  liable  to  punishment 
by  the  laws  of  this  state  for  a  public  offense  committed  by  him  therein, 
except  where  it  is  by  law  cognizable  exclusively  in  the  courts  of  the  United 
States. 

Kerr,  Pen.  C.,  777. 

A  court's  jurisdiction  in  criminal  cases  extends  only  to  acts  which  the  law  declares  to  be 
criminal.  Ex  Parte  Rickey,  31  Nev.  82  (100  P.  134,  135  Am.  St.  Rep.  651).  See  State  v.  Mack, 
23  Nev.  359  (47  P.  763,  62  A.  S.  811);  State  v.  Buckaroo  Jack,  30  Nev.  325  (96  P.  497). 

6909.  Offense  commenced  without,  Imt  concluded  .within  state,  jurisdic- 

tion of. 

SEC.  59.  When  the  commission  of  a  public  offense,  commenced  without 
the  state,  is  consummated  within  its  boundaries,  the  defendant  is  liable  to 
punishment  therefor  in  this  state,  though  he  was  out  of  the  state  at  the  time 
of  the  commission  of  the  offense  charged.  If  he  consummated  it  in  this 
state,  through  the  intervention  of  an  innocent  or  guilty  agent,  or  any  other 
means  proceeding  directly  from  himself,  in  such  case  the  jurisdiction  is  [in] 
the  county  in  which  the  offense  is  consummated. 

Kerr,  Pen.  C.,  778. 

6910.  Death  by  dueling,  jurisdiction. 

SEC.  60.  When  an  inhabitant  or  resident  of  this  state,  by  previous  appoint- 
ment or  engagement,  fights  a  duel  or  is  concerned  as  second  therein,  out  of 
the  jurisdiction  of  this  state,  and  in  the  duel  a  wound  is  inflicted  upon  a  per- 
son, whereof  he  dies  in  this  state,  the  jurisdiction  of  the  offense  is  in  the 
county  where  the  death  happens. 

Kerr,  Pen.  C.,  779. 

6911.  Offense  partly  in  one  county,  partly  in  another,  jurisdiction. 

SEC.  61.  When  a  public  offense  is  committed  in  part  in  one  county  and  in 
part  in  another  or  the  acts  or  effects  thereof  constituting  or  requisite  to  the 
consummation  of  the  offense  occur  in  two  or  more  counties,  the  jurisdiction 
is  in  either  county. 

Kerr,  Pen.  C.,  781. 

Stolen  goods  were  purchased,  paid  for,  and  reap  the  fruits  of  the  crime  is  not  an  act 

received  in  E.  County,  and  were  thereafter  essential  to  its  consummation,  and  if  the 

shipped  by  him  to  C.  County.  It  was  held  effect  of  the  transportation  of  the  goods  to 

that  C.  County  had  no  jurisdiction  of  the  C.  County  constituted  the  intent  to  deprive 

offense,  since  the  offense  of  receiving  stolen  the  owner  of  the  property,  the  act  of 

goods  is  consummated  when  the  goods  are  receiving  was  not  accompanied  by  the 

received  with  the  unlawful  intent  specified  wrongful  intent  necessary  to  constitute  the 

in  the  statute,  and  the  subsequent  transpor-  crime.  State  v.  Pray,  30  Nev.  207,  222,  224 

tation  of  the  goods  into  another  county  to  (94  P.  218). 

6912.  Offense  committed  on  or  near  boundary,  jurisdiction. 

SEC.  62.  When  an  offense  is  committed  on  the  boundary  of  two  or  more 
counties,  or  within  five  hundred  yards  thereof,  the  jurisdiction  is  in  either 
county. 

Kerr,  Pen.  C.,  782. 

6913.  Offense  committed  on  vessels  and  cars  within  state,  jurisdiction. 

SEC.  63.  When  an  offense  is  committed  in  this  state,  on  board  a  vessel 
navigating  a  river,  slough,  lake,  or  canal,  or  lying  therein,  in  the  prosecution 
of  her  voyage,  the  jurisdiction  is  in  any  county  through  which  the  vessel  is 
navigated  in  the  course  of  her  voyage,  or  in  the  county  where  the  voyage 
terminates;  and  when  the  offense  is  committed  in  this  state,  on  a  railroad 
train,  car,  stage  or  other  public  conveyance,  prosecuting  its  trip,  the  jurisdic- 
tion is  in  any  county  through  which  the  train,  car,  stage  or  other  public  con- 


1955  CRIMINAL  PRACTICE  Sec.  6917 

veyance  passes  in  the  course  of  its  trip,  or  in   the  county  where  the  trip 
terminates. 

Kerr,  Pen.  C.,  7S:;. 

6914.  Offenses  concerning  animals   ranging  in  two  or  more  counties. 

jurisdiction. 

SEC.  64.  When  a  public  offense  concerns  any  neat  cattle,  horse,  mule  or 
other  animal  running  at  large  upon  any  range  which  extends  into  more  than 
one  county  of  this  state,  such  offense  may  be  prosecuted  in  either  of  said 
counties,  and  upon  the  trial  of  any  such  offense,  proof  that  such  animal  is  the 
property  of  the  owner,  or  person  occupying  the  said  range,  and  was  at  the 
time  the  offense  was  committed  running  at  large  upon  the  range,  shall  be 
prima  facie  evidence  that  said  offense  was  committed  within  the  jurisdiction 
of  the  court. 

6915.  Kidnaping  and  abduction,  jurisdiction. 

SEC.  65.  The  jurisdiction  of  an  indictment  for  the  crime  of  forcibly  taking, 
or  arresting  any  man,  woman,  or  child  in  this  state  and  carrying  him  or  her 
into  another  county,  state  or  territory;  or  for  forcibly  taking  or  arresting  any 
person  or  persons  whomsoever,  with  a  design  to  take  him  or  her  out  of  this 
state,  without  having  established  a  claim  according  to  the  laws  of  the  United 
States;  or  for  hiring,  persuading,  enticing,  decoying,  or  seducing  by  false 
promises,  misrepresentations,  and  the  like,  any  Negro,  mulatto,  Indian,  or 
colored  person  to  go  out  of  this  state,  or  to  be  taken  or  removed  therefrom 
for  the  purpose  and  with  the  intent  to  sell  such  Negro,  mulatto,  Indian,  or 
colored  person  into  slavery  or  involuntary  servitude,  or  otherwise  to  employ 
him  or  her  for  his  or  her  own  use,  or  the  use  of  another,  without  the  free 
will  and  consent  of  such  Negro,  mulatto,  Indian,  or  colored  person,  shall  be 
in  any  county  in  which  the  offense  is  committed,  or  into  or  out  of  which  the 
person  upon  whom  the  offense  was  committed  may,  in  the  prosecution  of  the 
offense,  have  been  brought,  or  in  which  an  act  shall  [be]  done  by  the  offender 
in  instigating,  procuring,  promoting,  aiding  in,  or  being  accessory  to  the  com- 
mission of  the  offense,  or  in  abetting  the  parties  therein  concerned. 

KdT.  I'cn.  C.,  7S4. 

6916.  Higam.v  and  incest,  jurisdiction. 

SEC.  66.  When  the  offense,  either  of  bigamy  or  incest,  is  committed  in  one 
county  and  the  defendant  is  apprehended  in  another,  the  jurisdiction  is  in 
either  county. 

Kerr,  Pen.C.,7s:>. 

6917.  Property  stolen  and  moved  to  another  county— Jurisdiction. 

SEC.  67.  When  property  taken  in  one  county  by  burglary,  robbery,  lar- 
ceny, or  embezzlement,  has  been  brought  into  another,  the  jurisdiction  of 
the  offense  is  in  either  county,  but  if  at  any  time  before  the  conviction  of 
the  defendant  in  the  latter,  he  is  indicted  in  the  former  county,  the  sheriff 
of  the  latter  county  must,  upon  demand,  deliver  him  to  the  sheriff  of  the 
former. 

Kerr,  Pen.  C.,786. 

A  person  charged  with  larceny  of  cattle  ties;  because  every  act  of  the  thief  in  the 
may  be  indicted  and  tried  for  the  offense  in  removal  of  the  property  and  keeping  it 
any  county  through  which  he  drove  them,  'from  the  possession  of  the  owner  is,  in  con- 
as  well  as  in  the  county  where  they  were  templation  of  law,  an  offense.  Idem, 
stolen  or  into  which  they  were  driven.  State  If  property  feloniously  taken  in  one 
v.  Brown,  8  Nev.  208,  211.  county  be  removed  by  the  thief  into  another, 

A  person  stealing  goods  in  one  county  and  the   jurisdiction    of   the    offense   may   be   in 

carrying   them    into    other    counties    is    eon-  either;     but    an    indictment    in    the    latter 

sidered    guilty    of    the    crime    and    may    be  county  must  allege  the  offense  to  have  been 

indicted  and  convicted  in  any  of  such  coun-  committed  in  such  county  or  that  the  bring- 


Sec.  6918  CRIMINAL  PRACTICE  1956 

inu    of   the   property   into   such   county   was  Venue  for  crime  of  receiving  stolen  goods 

felonious;    and  if  it   do  not,  it   will  not   be       in   county  where   they   are   received.     State 
sufficient.     Idem.  v.  Pray,  30  Nev.  206/221  (94  P.  218). 

6918.  Accessory,  jurisdiction  of. 

SEC.  68.  In  the  case  of  an  accessory  in  the  commission  of  a  public  offense, 
the  jurisdiction  is  in  either  the  county  where  the  offense  of  the  accessory 
was  committed,  or  where  the  principal  offense  was  committed. 

Kerr,  Pen.  C.,791. 

Under  the  act  of  1861,  435,  it  was  held:  the   principal,   but   the   former   clearly   does 

There   seems  to  be  an  incongruity  between  not  apply  in  a  case  where  the  acts  of  the 

section   91    of    said   act,   which    requires    an  accessory  are  done  out  of  the  state.     State 

accessory  before  the  fact  to  be  tried  where  v.  Chapman,  6  Nev.  321,  329. 
his    offense    is   committed,   and   section    252,  Application    of    above    section    discussed, 

which   places   him   on  the   same  plane   with  State  v.  Hamilton,  13  Nev.  390-392. 

6919.  Conviction  or  acquittal  in  another  state,  bar. 

SEC.  69.  When  an  act  charged  as  a  public  offense  is  within  the  jurisdiction 
of  another  state,  territory  or  country,  as  well  as  of  this  state,  a  conviction  or 
acquittal  thereof  in  the  former  is  a  bar  to  the  prosecution  or  indictment 
therefor  in  this  state. 

Kerr,  Pen.  C.,  793. 

6920.  Conviction  in  another  county,  bar. 

SEC.  70.  When  an  offense  is  within  the  jurisdiction  of  two*  or  more  coun- 
ties, a  conviction  or  acquittal  thereof  in  one  county  is  a  bar  to  the  prosecu- 
tion or  indictment  therefor  in  another. 

Kerr,  Pen.  C.,  794. 

CHAPTER  8 

OF  THE  TIME  OF  COMMENCING  CRIMINAL  ACTIONS 

<i9:2 1.  No  limitation  to  begin  prosecution  for  6924.  Secret      offenses,      limit      for      finding- 
murder,  indictment. 

6922.  Indictment   for   theft   and   other   felo-  6925.  Indictment,    legally    found    when    pre- 
nies,  when  may  be  found.  sented,  received  and  filed. 

692.'!.  Misdemeanor,  limit  for  finding  indict-  6926.  Limitation,  when  to  commence, 
merit. 

6921.  No  limitation  to  begin  prosecution  for  murder. 

SEC.  71.  There  is  no  limitation  of  the  time  within  which  a  prosecution 
for  murder  must  be  commenced.  It  may  be  commenced  at  any  time  after 
the  death  of  the  person  killed. 

Kerr,  Pen.  C.,799. 

6922.  Indictment  for  theft  and  other  felonies,  when  may  be  found. 

SEC.  72.  An  indictment  for  theft,  robbery,  burglary,  forgery,  arson  or 
rape  must  be  found  within  four  years  after  the  commission  of  the  offense. 
An  indictment  for  any  other  felony  than  murder,  theft,  robbery,  burglary, 
forgery,  arson  or  rape  must  be  found  within  three  years  after  the  commis- 
sion of  the  offense. 

Kerr,  Pen.  C.,  800. 

6928.    Misdemeanor,  limit  for  finding  indictment. 

SEC.  73.     An  indictment  for  any  misdemeanor  must  be  found  within  one 
year  after  its  commission. 
Kerr,  Pen.  C., 801. 

6924.    Secret  offenses,  limit  for  finding  indictment 

SEC.  74.  If  a  felony  or  misdemeanor  is  committed  in  a  secret  manner,  an 
indictment  for  the  same  must  be  found  within  the  periods  of  limitation  pre- 
scribed in  the  two  last  preceding  sections  after  the  discovery  of  the  offense; 
provided,  that  if  any  indictment  found  within  the  time  thus  prescribed  is 
defective  so  that  no  judgment  can  be  given  thereon,  another  prosecution 


1957  CRIMINAL  PRACTICE  Sec.  0930 

may  be  instituted  for  the  same  offense  within  six  months  after  the  first  is 
abandoned. 


Indictment,  legally  found  when  presented,  received  and  tiled. 

SEC.  75.  An  indictment  is  found,  within  the  meaning  of  this  chapter, 
when  it  is  presented  by  the  grand  jury  in  open  court,  and  there  received  and 
filed. 

Kerr,  Pen.  C.,so:;. 

0926.  Limitation,  when  to  commence. 

SEC.  76.  In  offenses  committed  before  the  passage  of  this  act,  indictments 
may  be  found  at  any  time  within  the  limitation  hereinabove  provided,  and 
the  time  of  limitation  must  commence  after  the  passage  of  this  act. 

CHAPTER  9 

MAGISTRATES 

0927.  Complaint  defined. 

SEC.  77.  The  complaint  is  the  allegation  made  to  a  magistrate  that  a  per- 
son has  been  guilty  of  some  public  offense. 

Kerr,  Pen.  C.,  MM;. 

Complaint  <>n  information  and  In-lief.     Ex  Parte  Buncel,  -:>  NYv.   »L'<i  (<>2  P.  207). 
Regarding  signature  to  complaint  by  mark,  see  sec.  7458,  and  State  v.  Depoister,  21  Nev. 
107  (2:>  P.  1000). 

(5928.    Magistrate  defined. 

SEC.  78.  A  magistrate  is  an  officer  having  power  to  issue  a  warrant  for 
the  arrest  of  a  person  charged  with  a  public  offense. 

Kerr,  Pen.  C.,  S07. 

Cited,  Ex  Parte  White,  T>  Nrv.  117  i:57  A.  K.  Kifii. 

(>929.     Who  are  magistrates. 
SEC.  79.     The  following  persons  are  magistrates: 

1.  The  justices  of  the  supreme  court. 

2.  The  judges  of  the  district  courts. 

3.  The  justices  of  the  peace. 

4.  Police  judges  and  others,  upon  whom  are  conferred  by  law  the  powers 
of  a  justice  of  the  peace  in  criminal  cases. 

Kerr,  Pen.  C.,SOS. 

Regarding  jurisdiction  of  justices  of  the  peace,  see  sec.  4857. 

SIM-  sec.   74til. 

CHAPTER  10 

WARRANT  OF  ARREST,  RELEASE  ON  BAIL 

(5930.  Examination  of  complainant  and  wit-       6941.  Form  of  recognizance. 

nesses,  issuance  of  warrant.  6942.  Qualification  of  sureties. 

Deposition,  what  to  contain.  6943.  Classification     of    bail;     discharge    of 

!'.  Warrant,  when  to  issue.  defendant. 

Warrant  of  arrest,  form  of.  6944.  "If  bail  not  given,  delivery  of  defend- 

<)!».'!4.  Arrest    under    warrant  —  Bail  —  Provi-  ant  and  warrant. 

sion  for  new  warrant.  6945.  When  other  magistrate  may  act. 

6935.  Warrant  to  specify,  what.  6946.  Defendant  to  be  taken  before  magis- 

0936.  Warrant,  how  executed.  trate  without  delay. 

6937.  Peace  officers.  6947.  Before    another    magistrate,    proceed- 

6938.  Warrant,  to  whom  directed.  ings. 

6939.  Executed  in  other  county,  ho\v.  6948.  Offenses  triable  in  another  county,  pro- 
<i!»40.  Return  and  bail  when  arrest  is  made  ceedings. 

in     another     county  —  Failure     of       6949.  Duty  of  officer  and  magistrate. 
defendant  to  answer  —  Forfeiture  of       6950.  Admission    to    bail    in    misdemeanor  — 
bail  —  Powers  of  magistrates.  Duty  of  officer. 

(5930.    Examination  of  complainant  and  witnesses,  issuance  of  a  warrant. 

SEC.  80.  When  a  complaint  is  laid  before  a  magistrate  of  the  commission 
of  a  public  offense  triable  within  the  county,  he  must  examine  on  oath  the 


Sec.  6931  CRIMINAL  PRACTICE  1958 

complainant  or  prosecutor  and  any  witness  he  may  produce,  and  may  require 
their  depositions  to  be  taken,  reduced  to  writing  and  subscribed  by  the  par- 
ties making  them  if  he  deems  it  advisable;  provided,  if  a  complaint  by  proper 
affidavit,  setting  forth  the  nature  of  the  charge,  and  the  facts  within  the 
knowledge,  information,  or  belief  of  the  party  making  the  same,  is  filed  with 
the  magistrate,  and  it  sufficiently  appears  therefrom  that  an  offense  has  been 
committed  by  some  person  known  or  unknown  to  the  affiant,  triable  within 
the  county,  the  magistrate  may  issue  a  warrant  of  arrest. 

Kerr,  Pen.  C.,811. 

An  affidavit  charging  a  person  with  the  the  offense,  is  sufficient  to  authorize  the 

crime  of  arson  on  information  and  belief  of  issuance  of  a  warrant.  Ex  Parte  Buncel,  25 

the  affiant  and  stating  the  facts  constituting  Nev.  426,  427  (62  P.  207). 

6981.    Deposition,  what  to  contain. 

SEC.  81.  The  deposition  must  set  forth  the  facts  stated  by  the  prosecutor 
and  his  witnesses,  tending  to  establish  the  commission  of  the  offense  and  the 
guilt  of  the  defendant. 

Kerr,  Pen.  C.,812. 

6932.    Warrant,  when  to  issue. 

SEC.  82.  If  the  magistrate  is  satisfied  therefrom  that  the  offense  com- 
plained of  has  been  committed,  and  that  there  is  reasonable  ground  to  believe 
that  the  defendant  has  committed  it,  he  shall  issue  a  warrant  of  arrest. 

Kerr,  Pen.  C.,813. 

6938.    Warrant  of  arrest,  form  of. 

SEC.  83.  A  warrant  of  arrest  is  an  order  in  writing  in  the  name  of  the 
State  of  Nevada,  signed  by  a  magistrate,  commanding  the  arrest  of  the 
defendant,  and  may  be  substantially  in  the  following  form: 

County  of_.  __.  The  State  of  Nevada,  to  any  sheriff,  constable,  mar- 
shal, policeman,  or  peace  officer  in  this  state:  A  complaint,  upon  oath,  has 
been  this  day  laid  before  me  by  A.  B.,  that  the  crime  of  (designate  it)  has 
been  committed,  and  accusing  C.  D.  thereof;  you  are  therefore  commanded 
forthwith  to  arrest  the  above-named  C.  D.  and  bring  him  before  me  at 
(naming  the  place),  or  in  case  of  my  absence  or  inability  to  act,  before  the 
nearest  or  most  accessible  magistrate  in  this  county.  Dated  at  __  __,  this 
day  of  _  __,  19__. 

Kerr,  Pen.  C.,  814. 

6934.  Arrest  under  warrant— Bail— Provision  for  new  warrant. 

SEC.  84.  The  defendant,  when  arrested  under  a  warrant  for  an  offense 
not  bailable,  must  be  held  in  custody  by  the  sheriff  of  the  county  in  which 
the  complaint  is  filed,  unless  admitted  to  bail  after  an  examination  upon  a 
writ  of  habeas  corpus;  but  if  the  offense  is  bailable,  there  must  be  added  to 
the  body  of  the  warrant  a  direction  to  the  following  effect:  "Or,  if  he 
requires  it,  that  you  take  him  before  any  magistrate  in  that  county,  or  in  the 
county  in  which  you  arrest  him,  or  any  adjoining  county,  that  he  may  give 
bail  to  answer  to  the  charge" ;  and  the  magistrate  upon  directing  it  to  issue, 
shall  fix  the  amount  of  bail,  and  an  indorsement  shall  be  made  thereon  and 
signed  by  the  magistrate,  to  the  following  effect:  "The  defendant  is  to  be 

admitted  to  bail  in  the  sum  of ^dollars  (designating  the  amount  fixed 

by  the  court) . " 

Kerf,  Pen.  C.,  982,  1284-1286. 

Regarding  cases  in  which  bail  must  be  allowed,  see  Const.,  sec.  236. 

6935.  Warrant  to  specify,  what. 

SEC.  85.  The  warrant  must  specify  the  name  of  the  defendant;  if  it  be 
unknown  to  the  magistrate,  the  defendant  may  be  designated  therein  by  any 


1959  CRIMINAL  PRACTICE  Sec.  6940 

name.  It  must  also  state  the  date  of  its  issuance,  and  the  county,  city,  or  town 
where  it  was  issued,  and  be  signed  by  the  magistrate  with  his  name  of  office. 

Kerr,  Pen.  C.,815. 

6936.  \Yarrant,  how  executed. 

SEC.  86.     The  warrant  must  be  directed  to,  and  executed  by,  a  peace  officer. 

Kerr,  Pen.  C.,81(>. 

Service  of  process  on  land  ceded  to  the  Tinted  States.  State  v.  Mack,  '2:\  Nev.  :>.">tJ  (liH  Am. 
St.  Hep.  SI  1,47  P.  7l>.°>). 

6937.  Pence  officers. 

SEC.  87.  Peace  officers  are  the  bailiff  of  the  supreme  court,  sheriffs  of 
counties,  constables,  members  of  the  state  police,  state  detective,  marshals, 
and  policemen  of  cities  and  towns,  respectively. 

Kerr.  Pen.  C.,S17. 
See  sec.  74* >•_'. 

(>9.-W.    \\  arrant,  to  whom  directed. 

SEC.  88.  If  a  warrant  be  issued  by  a  justice  of  the  supreme  court  or  dis- 
trict judge,  it  may  be  directed  generally  to  any  or  all  peace  officers  desig- 
nated in  the  preceding  section,  and  may  be  executed  in  any  part  of  the  state 
by  any  of  those  officers  to  whom  it  may  be  delivered. 

Kerr,  Pen.  ('..SIS. 

()'.):')'.).     Kxecnted  in  other  county,  how. 

SEC.  89.  If  a  warrant  is  issued  by  any  other  magistrate,  it  may  be  directed 
generally  to  any  sheriff,  constable,  marshal,  policeman,  or  other  peace  officer 
in  the  county  in  which  it  is  issued,  and  may  be  executed  by  such  officer  in 
any  part  of  the  state,  or  if  defendant  be  in  another  county  it  may  be  exe- 
cuted by  any  peace  officer  in  the  state. 

Kerr,  Pen.(1.,si<);  M,mt.  P.  ('.,  H'.ol:  N.  Dak..7S97. 

6940.  Return  and  bail  when  arrest  is  made  in  another  county— Failure 
of  defendant  to  answer— Forfeiture  of  bail— Powers  of  magistrates. 
SEC.  90.  If  the  offense  charged  in  the  warrant  is  bailable  and  the  defend- 
ant is  arrested  in  another  county,  the  officer  must,  upon  being  required  so 
to  do  by  the  defendant,  take  him  before  the  most  convenient  magistrate  in 
that  or  any  adjoining  county,  who  must  admit  the  defendant  to  bail  in  the 
amount  fixed  in  or  indorsed  on  the  warrant,  and  take  bail  from  him  accord- 
ingly, naming  therein  a  time,  not  less  than  ten  days  nor  more  than  twenty 
days  from  the  date  of  taking  such  bail,  for  the  defendant  to  appear  before 
the  magistrate  who  issued  the  warrant,  and  in  case  of  the  death,  absence 
or  inability  to  act  of  such  magistrate,  for  the  defendant  to  appear,  not 
later  than  five  days  after  the  time  so  named,  before  the  nearest  and  most 
accessible  magistrate  in  the  county  in  which  the  warrant  was  issued,  to 
answer  the  charge  and  obey  all  orders  which  may  be  made  by  any  magis- 
trate or  court  before  which  the  case  may  be  pending  or  prosecuted.  Any 
magistrate,  other  than  the  one  issuing  the  warrant,  before  whom  the 
defendant  may  so  appear,  when  the  magistrate  issuing  the  warrrant  is 
absent  or  unable  to  act,  shall  be  entitled  to  receive  and  to  require  the  deliv- 
ery to  him  of  the  original  complaint,  warrant,  return  and  all  papers  in  the 
case,  and  shall  have  jurisdiction  and  power  to  hear  and  determine  the  case 
the  same  as  if  the  warrant  of  arrest  had  been  originally  issued  by  him,  or 
to  order  the  case  transferred  for  determination  to  some  more  convenient 
magistrate,  or  in  the  absence  of  the  papers  to  file  a  new  complaint  and 
issue  a  new  warrant  and  to  proceed  as  if  the  case  had  been  originally  pre- 
sented to  him.  If  the  defendant  has  been  discharged  on  bail,  or  has  depos- 
ited money  instead  thereof,  and  fails  to  appear  and  answer  before  the 
magistrate  who  issued  the  warrant  at  the  time  designated  for  his  appear- 


See.  6941  CRIMINAL  PRACTICE  1960 

ance  by  the  magistrate  taking  the  bail,  or  if  in  case  of  the  death,  absence, 
or  inability  to  act  of  such  magistrate  the  defendant  fails  to  appear  and 
answer  within  five  days  after  that  time  before  the  nearest  or  most  accessi- 
ble magistrate  in  the  county  in  which  the  warrant  was  issued,  or  fails  to 
appear  and  answer  the  charge  in  whatever  court  or  before  whatever  magis- 
trate it  may  be  prosecuted,  or  before  which  he  may  be  required  to  appear 
by  law,  or  fails  to  render  himself  amenable  at  all  times  to  the  orders  and 
process  of  the  court  and  the  requirements  of  the  law,  or  fails  to  appear  for 
judgment  or  to  render  himself  in  execution  thereof,  he  shall  forfeit  the 
bail  so  given,  and  any  money  deposited  instead  thereof,  and  be  subject  to 
rearrest  and  prosecution  for  the  offense  charged  upon  the  same  or  a  new 
warrant  issued  by  any  magistrate  who  had  power  to  issue  the  warrant  in 
the  first  instance. 

Kerr,  Pen.  C.,  82 1-829. 

A  person  accused  and  arrested  for  crime  examination  after  appearance  of  counsel,  if 

is  entitled  to  prompt  examination  by  both  counsel  be  required.  If  an  adjournment  be 

the  spirit  and  letter  of  the  statutes,  and  had,  even  for  good  cause,  it  cannot  be  for 

examination  should  not  be  delayed  to  suit  more  than  two  days  at  a  time,  nor  more 

the  convenience  of  officers.  Ex  Parte  Ah  than  six  days  in  all,  without  consent  of 

Kee,  22  Nev.  374,  376  (40  P.  879).  defendant,  and  if  adjourned  for  a  longer 

A  defendant  taken  before  a  magistrate  time,  the  defendant  is  entitled  to  be  dis- 

upon  arrest  is  entitled  to  an  immediate  charged.  Idem. 

6941.  Form  of  recognizance. 

SEC.  91.  The  bail  provided  in  the  preceding  section  must  be  by  written 
recognizance  executed  by  two  sufficient  sureties,  with  or  without  the  defend- 
ant, in  the  discretion  of  the  court  or  magistrate,  and  in  substantially  the  fol- 
lowing form: 

"A  warrant  having  been  issued  on  the  _  ._  day  of  _  __,  A.  D. 

19 ,  by__         __,  a  justice  of  the  peace  of  _  _  county,  for  the  arrest 

of  _  _  (stating  name  of  the  accused),  upon  a  charge  of  _  .  (stating 

briefly  the  nature  of  the  offense),  upon  which  he  has  been  arrested  and  duly 
ordered  admitted  to  bail  in  the  sum  of  _  _  dollars  and  ordered  to  appear 

before  the  magistrate  who  issued  the  warrant,  we,  __,  of  _ 

and .-  of (stating  their  names  and  place  of  residence), 

hereby  undertake  that  the  above-named  _  _  shall  appear  and  answer 
the  charge  above  mentioned,  at o'clock  __  m.,  on  the  _  day  of 

,  A.  D.  19 ,  before  .  __,  the  magistrate  issuing  the  war- 
rant, at  his  office  in , County,  State  of  Nevada,  or  in  case 

of  his  death,  absence  or  inability  to  act,  within  five  days  after  that  time 
before  the  nearest  or  most  accessible  magistrate  in  the  same  county,  and 
that  the  said  above-named  (insert  name  of  accused)  shall  appear  and 
answer  the  charge  above  mentioned  in  whatever  court  and  before  what- 
ever magistrate  it  may  be  prosecuted,  or  before  which  he  may  be  required 
to  appear  by  law,  and  shall  at  all  times  render  himself  amenable  to  the 
orders  and  process  of  the  court  and  the  requirements  of  the  law,  and  if 
convicted  shall  appear  for  judgment  and  render  himself  in  execution 
thereof;  or  if  he  fail  to  perform  any  of  these  conditions,  that  we  will  pay 
to  the  State  of  Nevada  the  sum  of  .  _  dollars  (inserting  the  sum  in 

which  the  defendant  is  admitted  to  bail)." 

Kerr,  Pen.  C.,  1278. 

6942.  Qualification  of  sureties. 

SEC.  92.  Qualification  of  bail  and  justification  of  sureties  must  be  required 
as  provided  in  chapter  on  bail. 

Kerr,  Pen.  C.,  1279,  1280. 

6943.  Certification  of  bail;  discharge  of  defendant. 

SEC.  93.     On  admitting  the  defendant  to  bail,  the  magistrate  shall  certify 


1961  CRIMINAL  PRACTICE  Sec.  6950 

on  the  warrant  the  fact  of  his  having  done  so,  and  deliver  the  warrant  and 
recognizance  to  the  officer  having  charge  of  the  defendant.  The  officer  shall 
forthwith  discharge  the  defendant  from  arrest,  and  shall,  without  delay, 
deliver  the  warrant  and  recognizance  to  the  justice  of  the  peace,  magistrate 
or  clerk  of  the  court  at  which  the  defendant  is  required  to  appear. 

Kerr,  Pen.  C.,  1281. 

6944.  If  bail  not  given,  delivery  of  defendant  and  warrant. 

SEC.  94.  If  the  defendant  is  not  admitted  to  bail  in  some  county  other 
than  the  one  in  which  the  warrant  is  issued,  the  officer  making  the  arrest 
must  take  him  before  the  magistrate  who  issued  the  warrant;  or  if  he  is 
absent  or  unable  to  act,  before  the  nearest  or  most  accessible  magistrate  in 
the  same  county.  The  officer  shall,  at  the  same  time,  deliver  to  the  magis- 
trate the  warrant,  with  his  return  indorsed  and  subscribed  by  him. 

Kerr,  Pen.  C.,  si>4. 

6945.  When  other  magistrate  ma.v  act. 

SEC.  95.  If  the  magistrate  who  issued  the  warrant  is  absent  or  unable  to 
act,  and  the  accused  is  taken  before  the  nearest  or  most  accessible  magis- 
trate in  the  same  county,  the  latter  shall  have  the  same  power  to  hold  the 
defendant,  admit  him  to  bail,  hear,  determine  and  make  disposition  of  the 
charge  as  the  magistrate  who  issued  the  warrant. 

K«-rr.  I'm.  C.,824. 

6946.  Defendant  to  he  taken  before  magistrate  without  delay. 

SEC.  96.     The  defendant  must,  in  all  cases,  be  taken  before  the  magistrate 
without  unnecessary  delay. 
Kerr,  Pen.  C.,Si_>.">. 

6947.  Uefore  another  magistrate,  proceedings. 

SEC.  97.  If  the  defendant  is  brought  before  a  magistrate  in  the  same 
county,  other  than  the  one  who  issued  the  warrant,  the  affidavits  and  depo- 
sitions on  which  the  warrant  was  granted,  if  the  defendant  insist  upon  an 
examination,  must  be  sent  to  that  magistrate,  or,  if  they  cannot  be  procured, 
the  prosecutor  and  his  witnesses  must  be  summoned  to  give  their  testimony 
anew. 

Kerr,  Pen.  (\,SL><i. 

6948.  Offenses  triable  in  another  county,  proceedings. 

SEC.  98.  When  a  complaint  is  laid  before  a  magistrate  of  the  commission 
of  a  public  offense  triable  in  another  county  of  the  state,  but  showing  that 
the  defendant  is  in  the  county  where  the  complaint  is  laid,  the  same  pro- 
ceedings must  be  had  as  prescribed  in  this  act  except  that  the  warrant  must 
require  the  defendant  to  be  taken  before  the  nearest  or  most  accessible  mag- 
istrate of  the  county  in  which  the  offense  is  triable,  and  the  depositions  of 
the  complainant  or  prosecutor,  and  of  the  witnesses  who  may  have  been 
produced,  must  be  delivered  by  the  magistrate  to  the  officer  to  whom  the 
warrant  is  delivered. 

Kerr,  Pen.  C.,827. 

6949.  Duty  of  officer  and  magistrate. 

SEC.  99.  The  officer  who  executed  the  warrant  must  take  the  defendant 
before  the  nearest  or  most  accessible  magistrate  of  the  county  in  which  the 
offense  is  triable,  and  must  deliver  to  him  the  depositions  and  the  warrant, 
with  his  return  indorsed  thereon,  and  the  magistrate  must  then  proceed  in 
the  same  manner  as  upon  a  warrant  issued  by  himself. 

Kerr,  Pen.  C.,  828. 

6950.  Admission  to  bail  in  misdemeanor— Duty  of  officer. 

SEC.  100.     If  the  offense  charged  in  the  warrant  issued  pursuant  to  section 


See.  6951  CRIMINAL  PRACTICE  1962 

98,  is  a  misdemeanor,  the  officer  must,  upon  being  required  by  the  defend- 
ant, take  him  before  a  magistrate  of  the  county  in  which  the  warrant  was 
issued,  who  must  admit  the  defendant  to  bail,  and  immediately  transmit  the 
warrant,  depositions,  and  undertaking,  to  the  justice  of  the  peace  or  clerk  of 
the  court  in  which  the  defendant  is  required  to  appear. 

Kerr,  Pen.  C.,  829. 

CHAPTER  11 

ARREST,  .BY  WHOM  AND  HOW  MADE 

6951.  Arrest  defined — By  whom  made.  (5960.  When  defendant  flees  or  resists,  power 

6952.  Arrest,     how     made — What     restraint  of  officer. 

allowed.  6961.  Doors    and    windows    may   be    broken, 

6953.  Arrest  by  peace  officers.            .  when. 

6954.  Arrest  by  private  persons.  6962.  Officer  may  break  door  to  gain  liberty. 

6955.  Magistrates  may  order  arrest.  6963.  Weapons   may   be   taken   from   person 

6956.  Persons  must  aid  officer  making  arrest.  arrested. 

6957.  Arrest,  when  may  be  made.  6964.  Duty  of  private  person  who  has  made 

6958.  Arrest     without     warrant — Officer  to                        an  arrest. 

state  authority.  6965.  Duty  of  officer  arresting  with  wrarrant. 

6959.  Warrant  to  be  shown,  when.  6966.  Person  arrested  without  warrant,  duty 

of  officer. 
6967.  Arrest  by  telegraph. 

6951.  Arrest  defined— By  whom  made. 

SEC.  101.  An  arrest  is  the  taking  of  a  person  into  custody,  in  a  case 
and  in  the  manner  authorized  by  law.  An  arrest  may  be  made  by  a  peace 
officer  or  by  a  private  person. 

Kerr,  Pen.  C.,  834. 

Concerning  service  of  process  on  land  ceded  to  the  United  States.  State  v.  Mack,  23  Nev. 
359  (62  Am.  St.  Rep.  811,  47  P.  763). 

6952.  Arrest,  how  made— What  restraint  allowed. 

SEC.  102.  An  arrest  is  made  by  an  actual  .restraint  of  the  person  of  the 
defendant,  or  by  his  submission  to  the  custody  of  an  officer.  The  defend- 
ant must  not  be  subjected  to  any  more  restraint  than  is  necessary  for  his 
arrest  and  detention. 

Kerr,  Pen.  C.,835. 

6953.  Arrest  by  peace  officers. 

SEC.  103.  A  peace  officer  may  make  an  arrest  in  obedience  to  a  warrant 
delivered  to  him,  or  may,  without  a  warrant,  arrest  a  person : 

1.  For  a  public  offense  committed  or  attempted  in  his  presence. 

2.  When  a  person  arrested  has  committed  a  felony,  although  not  in  his 
presence. 

3.  When  a  felony  has  in  fact  been  committed,  and  he  has  reasonable  cause 
for  believing  the  person  arrested  to  have  committed  it. 

4.  On  a  charge  made,  upon  a  reasonable  cause,  of  the  commission  of  a 
felony  by  the  party  arrested. 

5.  He  may  also,  at  night,  without  a  warrant,  arrest  any  person  whom  he 
has  reasonable  cause  for  believing  to  have  committed  a  felony,  and  is  justi- 
fied in  making  the  arrest,  though  it  afterwards  appear  that  a  felony  has  not 
been  committed. 

Kerr,  Pen.  C.,  836. 

6954.  Arrest  by  private  persons. 

SEC.  104.    A  private  person  may  arrest  another : 

1.  For  a  public  offense  committed  or  attempted  in  his  presence. 

2.  When  the  person  arrested  has  committed  a  felony,  although  not  in  his 
presence. 

3.  When  a  felony  has  been  in  fact  committed,  and  he  has  reasonable  cause 
for  believing  the  person  arrested  to  have  committed  it. 

Kerr,  Pen.  C.,  837. 


1963  CRIMINAL  PRACTICE  Sec,  6963 


Magistrate  may  order  arrest. 
SEC.  105.    A  magistrate  may  orally  order  a  peace  officer  or  private  per- 
son to  arrest  anyone  committing  or  attempting  to  commit  a  public  offense 
in  the  presence  of  such  magistrate,  and  may  thereupon  proceed  as  if  the 
offender  had  been  brought  before  him  on  a  warrant  of  arrest. 

Krrr.  IVn.  C.,838. 

61)56.    .Persons  must  aid  officer  making  arrest. 

SEC.  106.  Any  person  making  an  arrest  may  orally  summon  as  many 
persons  as  he  deems  necessary  to  aid  him  therein. 

Krrr.  IVn.  C.,  839. 

St..-  sees.  2833,  r,:;i;i,  r.r.ot;. 

6957.     Arrest,  when  inay  be  made. 

SEC.  107.  If  the  offense  charged  is  a  felony,  the  arrest  may  be  made  on 
any  day,  and  at  any  time  of  day  or  night.  If  it  is  a  misdemeanor,  the 
arrest  cannot  be  made  at  night,  unless  upon  the  direction  of  a  magistrate, 
indorsed  upon  the  warrant,  except  when  the  offense  is  committed  in  the 
presence  of  the  arresting  officer. 

Km-.  r.-n.  c..  sin. 

61).">K.    Arrest  without  warrant—  Officer  to  state  authority. 

SEC.  108.  The  person  making  the  arrest  must  inform  the  person  to  be 
arrested  of  his  intention  to  arrest  him,  of  the  cause  of  the  arrest,  and  the 
authority  to  make  it,  except  when  the  person  to  be  arrested  is  actually 
engaged  in  the  commission  of  or  an  attempt  to  commit  an  offense,  or  is  pur- 
sued immediately  after  its  commission  or  after  an  escape. 

Krrr,  I'm.  ('..  Ml. 

6i).V.).     \Yarrant  to  be  shown,  when. 

SEC.  109.  If  the  person  making  the  arrest  is  acting  under  the  authority 
of  a  warrant,  he  must  show  the  warrant,  if  required. 

Krrr,  I'm.  ('.,  842. 

6960.  When  defendant  flees  or  resists,  power  of  officer. 

SEC.  110.  When  the  arrest  is  being  made  by  an  officer  under  the  author- 
ity of  a  warrant,  after  information  of  the  intention  to  make  the  arrest,  if 
the  person  to  be  arrested  either  flees  or  forcibly  i-esists,  the  officer  may  use 
all  necessary  means  to  effect  the  arrest. 

Krrr.  I'm.  C.,  848. 

6961.  Doors  and  windows  may  be  broken,  when. 

SEC.  111.  To  make  an  arrest,  a  private  person,  if  the  offense  is  a  felony, 
and  in  all  cases  a  peace  officer,  may  break  open  a  door  or  window  of  the 
house  in  which  the  person  to  be  arrested  is,  or  in  which  there  is  reasonable 
grounds  for  believing  him  to  be,  after  having  demanded  admittance  and 
explained  the  purpose  for  which  admittance  is  desired. 

Kerr,  Pen.  C.,  844. 

6962.  Officer  may  break  door  to  <>'ain  liberty. 

SEC.  112.  Any  person  who  has  lawfully  entered  a  house  for  the  purpose 
of  making  an  arrest,  may  break  open  the  door  or  window  thereof  if  detained 
therein,  when  necessary  for  the  purpose  of  liberating  himself,  and  an  officer 
may  do  the  same,  when  necessary  for  liberating  a  person  who,  acting  in  his 
aid,  lawfully  entered  for  the  purpose  of  making  an  arrest,  and  is  detained 
therein. 

Kerr,  Pen.  C.,  845. 

6968.    Weapons  may  be  taken  from  persons  arrested. 

SEC.  113.     Any  person  making  an  arrest  may  take  from  the  person 


Sec.  6964  CRIMINAL  PRACTICE  1964 

arrested  all  dangerous  and  offensive  weapons  which  he  may  have  about  his 
person,  and  must  deliver  them  to  the  magistrate  before  whom  he  is  taken. 

Kerr,  Pen.  C.,  846. 

6964.  Duty  of  private  person  who  lias  made  an  arrest. 

SEC.  114.  A  private  person  who  has  arrested  another  for  the  commis- 
sion of  a  public  offense  must,  without  unnecessary  delay,  take  the  person 
before  a  magistrate,  or  deliver  him  to  a  peace  officer. 

Kerr,  Pen.  C.,  847. 

6965.  Duty  of  officer  arresting  with  warrant, 

SEC.  115.  An  officer  making  an  arrest,  in  obedience  to  a  warrant,  must 
proceed  with  the  person  arrested  as  commanded  by  the  warrant,  or  as  pro- 
vided by  law. 

Kerr,  Pen.  C.,848. 

6966.  Person  arrested  without  warrant,  duty  of  officer. 

SEC.  116  When  an  arrest  is  made  without  a  warrant  by  a  peace  officer 
or  private  person,  the  person  arrested  must,  without  unnecessary  delay,  be 
taken  before  the  nearest  or  most  accessible  magistrate  in  the  county  in 
which  the  arrest  is  made,  and  a  complaint,  stating  the  charge  against  the 
person,  must  be  laid  before  such  magistrate. 

Kerr,  Pen.  C.,  849. 

6967.  Arrest  by  telegraph. 

SEC.  117.  A  justice  of  the  supreme  court,  or  a  judge  of  a  district  court, 
may,  by  an  indorsement  under  his  hand  upon  a  warrant  of  arrest,  authorize 
the  service  thereof  by  telegraph,  and  thereafter  a  telegraphic  copy  of  such 
warrant  may  be  sent  to  one  or  more  peace  officers  and  such  copy  is  as 
effectual  in  the  hands  of  any  officer,  and  he  must  proceed  in  the  same  man- 
ner under  it,  as  though  he  held  an  original  warrant  issued  by  the  magis- 
trate making  the  indorsement.  Every  officer  causing  telegraphic  copies  of 
warrants  to  be  sent,  must  certify  as  correct  and  file  in  the  telegraph  office 
from  which  such  copies  are  sent,  a  copy  of  the  warrant  and  indorsement 
thereon  and  must  return  the  original  with  a  statement  of  his  action 
thereunder. 

Kerr,  Pen.  C.,  850,851. 
See  sec.  4618. 

CHAPTER  12 

RETAKING   PRISONER    AFTER   ESCAPE    OR   RESCUE 

6968.  Recapture  may  l>e  made  at  any  place  within  state. 

SEC.  118.  If  a  person  arrested  escape  or  is  rescued,  the  person  from 
whose  custody  he  escaped  or  was  rescued,  may  immediately  pursue  and 
retake  him  at  any  time  and  in  any  place  within  the  state. 

Kerr,  Pen.  C.,  854. 

6969:    May  break  doors  and  windows  to  recapture. 

SEC.  119.  To  retake  the  person  escaped  or  rescued,  the  person  pursuing 
may  break  open  an  outer  or  inner  door  or  window  of  a  dwelling  house, 
structure,  or  other  place  of  concealment,  if,  after  notice  of  his  intention,  he 
is  refused  admittance. 

Kerr,  Pen.  C.,855. 

CHAPTER  13 

EXAMINATION,  DISCHARGE  OF,  OR  HOLDING  DEFENDANT  TO  ANSWER 

6970.  Magistrate  to  inform  defendant  of  his       6973.  Completion    and    adjournment    of    an 

rights.  examination. 

6971.  Defendant    must    be    allowed    time    to       6974.  When  hearing  postponed  defendant  to 

procure  counsel.  be  committed  or  admitted  to  bail. 

6972.  Examination,  when  to  proceed.  6975.  Form  of  commitment. 


1965  CRIMINAL  PRACTICE  Sec.  6974 

» 

6976.  Depositions  to   be   read   and   subpenas  608(5.  Defendant  to  be  discharged,  when  and 

to  be  issued.  how. 

»i^77.  Witnesses   examined — When    stenogra-  6087.  Defendant,  when  and  how  committed. 

pher   may   be   employed,   compensa-  6988.  When    offense    not    bailable,    form    of 

tion — Testimony    may    be    used    on  commitment. 

trial — Testimony  to  be  filed.  6989.  When  offense  bailable,  form — Minimum 

i'>}>7*.  Defendant  to  be  informed  of  right  to  bail  for  felony. 

make  statement.  lilUM).  When  offense  bailable,  bail  not  given, 

iH»79.  When  defendant  waives  rrght  to  make  form  of  commitment. 

statement,  duty  of  magistrate.  6091.   Commitment,,  how  made  and  by   whom 

I.   Statement  of  defendant,  how  taken —  delivered. 

Questions  to  be  asked.  I'iMH!.   Commitment,  form  of. 

6981.  Answers  of  defendant  to  be  read  and  li'.Mi.",.    Undertaking  of  witness,  when  and  how 

corrected.  taken. 

6982.  Form  of  authentication  of  defendant's      6!>!M.   A). pea  ranee  of  witness,  security  for — 

statement.  When  and  how  required. 

6983.  Defendant's      witnesses      may     testify       (?!»!».">.    Infants    and    married    women    may    In- 

after  statement  is  made  or   waived  required  to  furnish  sureties. 

— Defendant  may  testify,  when.  liii'u;.   Witnesses     may     be     committed     who 

6984.  Examination,  exclusion  and  separation  refuse  to  i^ive  bond. 

of  witnesses.  <>!>!>7.    Witness   unable  to  give  security  may 

6985.  Who     may     attend     hearing  —  Closed  be  conditionally  examined. 

doors.  (!99s.    When  defendant  discharged  or  held  to 

answer,  duty  of  magistrate. 

6970.  Magistrate  to  inform  defendant  of  liis  rights. 

SEC.  120.  When  the  defendant  is  brought  before  the  magistrate  upon  an 
arrest,  either  with  or  without  a  warrant,  on  a  charge  of  having  committed 
a  public  offense,  the  magistrate  must  immediately  inform  him  of  the 
charge  against  him,  and  of  his  right  to  the  aid  of  counsel  at  every  stage  of 
the  proceedings,  and  before  any  further  proceedings  are  had. 

Km-.  Pen.  C..  s:,s.  «»S7. 

6971.  Defendant  must  he  allowed  time  to  procure  counsel. 

SEC.  121.  He  must  also  allow  the  defendant  reasonable  time  to  send  for 
counsel,  and  postpone  the  examination  for  that  purpose,  and  must,  upon  the 
request  of  the  defendant,  require  a  peace  officer  to  take  a  message  to  any 
counsel  in  the  township  or  city  the  defendant, may  name.  The  officer  must, 
without  delay  and  without  fee,  perform  that'duty. 

Kerr,  iVn.  C..  859. 

Right  of  accused  to  have  counsel,  secured  by  State  Const.,  sec.  237;  U.  S.  Const.,  sec.  17S. 

6972.  Examination,  when  to  proceed. 

SEC.  122.  If  the  defendant  requires  the  aid  of  counsel,  the  magistrate 
must  immediately  after  the  appearance  of  counsel,  or  if,  after  waiting  a 
reasonable  time  therefor  none  appears,  proceed  to  examine  the  case. 

Kerr,  Pen.  C.,  860. 

Examination  must  be  prompt.     Ex  Parte  Ah  Kee,  22  Nev.  874  (40  P.  879). 

6973.  Completion  and  adjournment  of  an  examination. 

SEC.  123.  The  examination  must  be  completed  in  one  session,  unless  the 
magistrate  for  good  cause  shown,  adjourns  it.  The  adjournment  cannot 
be  for  more  than  two  days  at  a  time,  nor  for  more  than  six  days  in  all, 
unless  by  consent  or  on  motion  of  the  defendant. 

Kerr,  Pen.  C.,861. 

6974.  When  hearing  postponed  defendant  to  be  committed  or  admitted 

to  bail. 

SEC.  124.  If  an  adjournment  is  had  for  any  cause,  the  magistrate  must 
commit  the  defendant  for  examination,  admit  him  to  bail  or  discharge  him 
from  custody  upon  the  deposit  of  money  as  provided  in  this  act,  as  security 
for  his  appearance  at  the  time  to  which  the  examination  is  adjourned. 

Kerr,  Pen.  C.,862. 
124 


Sec.  6975  CRIMINAL  PRACTICE  1966 

6975.  Form  of  commitment. 

SEC.  125.     The  commitment  for  examination  is  made  by  an  indorsement, 
signed  by  the  magistrate  on  the  warrant  of  arrest,  to  the  following  effect : 
"The  within  named  A.  B.  having  been  brought  before  me  under  this  war- 
rant, is  committed  for  examination  to  the  sheriff  of  the  county  of.....        ...." 

If  the  sheriff  is  not  present,  the  defendant  may  be  committed  to  the 
custody  of  a  peace  officer. 

Kerr,  Pen.  C.,863. 

6976.  Depositions  to  be  read  and  subpenas  to  be  issued. 

SEC.  126.  At  the  examination,  the  magistrate  must  first  read  to  the 
defendant  the  depositions  of  the  witnesses  examined  on  taking  the  informa- 
tion. He  must  also  issue  subpenas,  subscribed  by  him  for  witnesses  within 
the  state,  required  either  by  the  prosecution  or  the  defense. 

Kerr,  Pen.  C.,  864. 

6977.  Witnesses  examined— When  stenographer  may  be  employed— Com- 

pensation—Testimony may  be  nsed  on  trial— Testimony  to  be  filed. 

SEC.  127.  The  witnesses  must  be  examined  in  the  presence  of  the  defend- 
ant, and  may  be  cross-examined  in  his  behalf.  If  either  party  so  desires, 
the  examination  must  be  by  interrogatories  direct  and  cross;  provided, 
by  consent  of  the  parties  the  testimony  may  be  reduced  to  writing  in  nar- 
rative form.  The  magistrate,  if  he  deems  it  necessary  for  the  best  inter- 
ests of  justice,  and  upon  the  approval  of  the  district  attorney,  is  authorized 
to  employ  a  stenographer  to  take  down  all  the  testimony  and  the  proceed- 
ings on  said  hearing  or  examination,  and  within  such  time  as  the  court 
may  designate  have  the  same  transcribed  into  long  hand  or  typewritten 
transcript.  The  stenographer  employed  as  aforesaid  shall  be  sworn  by 
the  magistrate  before  whom  such  proceedings  are  held  to  take  down  in 
shorthand,  verbatim,  truthfully  and  correctly  such  proceedings  and  testi- 
mony and  to  make  a  true  and  correct  transcript  of  the  same  into  long  hand 
or  typewritten  transcript.  When  the  testimony  of  each  witness  is  all 
taken  and  transcribed,  the  same  must  be  read  over  to  the  witness  and  cor- 
rected as  may  be  desired,  and  then  subscribed  by  the  witness;  or  if  he 
refuses  to  sign  it,  the  fact  of  such  refusal,  and  any  reasons  assigned  therefor 
must  be  stated,  and  the  same  must  be  attested  by  the  magistrate.  And 
such  testimony  so  reduced  to  writing  and  authenticated  according  to  the 
provisions  of  this  section  must  be  filed  by  the  examining  magistrate  with 
the  clerk  of  the  district  court  of  his  county  and  in  case  such  prisoner  is 
subsequently  examined  upon  a  writ  of  habeas  corpus,  such  testimony  must 
be  considered  as  given  before  such  judge  or  court.  The  testimony  so  taken 
may  be  used  by  either  party  on  the  trial  of  the  cause,  and  in  all  proceedings 
therein,  when  the  witness  is  sick,  out  of  the  state,  dead,  or  when  his  per- 
sonal attendance  cannot  be  had  in  court.  The  compensation  for  the  serv- 
ices of  a  stenographer  employed  as  provided  in  this  section  shall  be  such 
an  amount  as  shall  be  approved  by  the  magistrate  and  district  attorney, 
not  exceeding  eight  dollars  per  day  for  reporting  and  twenty  cents  per  folio 
for  transcribing,  to  be  paid  out  of  the  county  treasury  as  other  claims 
against  the  county  are  allowed  and  paid. 

Kerr,  Pen.  C.,  865,  869. 

State  not  bound  to  introduce  proceedings  constitution.  The  provision  of  the  sixth 
on  preliminary  examination.  State  v.  Gui-  amendment  of  the  United  States  constitution 
lieri,  26  Nev.  31.  (sec.  176,  ante)  is  applicable  only  to  the  fed- 

Begarding  testimony  taken  by  stenogra-  era!  courts,  and  is  in  no  wise  a  restriction 
pher  on  preliminary  examination.  State  v.  upon  the  powers  of  the  states,  or  applicable 
Gibson,  30  Nev.  353  (96  P.  1057).  to  state  courts.  State  v.  Jones,  7  Nev.  408. 

This  section  is  not  amenable  to  the  objec-  When  a  deposition  in  a  criminal  case  is 

tion  of  being  opposed  to  the  United  States  offered  in  evidence  the  offer  should  be 


1967 


CRIMINAL  PRACTICE 


See,  6981 


deprived  of  this  statutory  rijjht  without  his 
consent.  State  v.  Davis,'  14  Nev.  407.  111'. 

A  deposition  of  a  witness  taken  under  this 
section  cannot  be  used  in  evidence  without 
proof  that  at  the  time  of  the  trial,  the  wit- 
ness was  "sick,  out  of  the  state,  dead,  or 
that  his  personal  attendance  could  not  be 
had  in  court."  State  v.  Parker,  16  Nev. 
7'.'.  sL>-85. 

Testimony  stated  and  held  insufficient  to 
show  the  above-required  facts.  Idem. 

At  the  trial  on  an  indictment  the  parol 
testimony  of  the  committing  magistrate  and 
ot'  the  clerk  who  wrote  the  testimony  at  the 
preliminary  examination,  is  admissible  to 
show  that  the  depositions  were  taken  and 
the  examination  had  in  the  mode  and  accord- 
ing l.o  the  requirements  of  the  law.  State 
v.  Depoister,  iM  Nev.  107,  111  (25  P.  1000). 

A  former  act  (Stats.  1907,  59)  held  uncon- 
stitntional  afl  repugnant  to  Const,,  sec.  275, 
ante.  State  v.  Gibson,  30  Nev.  353,  354-358 
in;  I'.  1057), 

Said  former  act  cited.  State  ex  rel.  Sparks 
v.  state  B.  \  T.  Co.,  ::i  Nev.  47:5  (103  P.  407). 

HJ)78.     Defendant  to  he  informed  of  right  to  make  statement, 

SEC.  128.  When  the  examination  of  the  witnesses  on  the  part  of  the 
people  is  closed,  the  magistrate  must  distinctly  inform  the  defendant  that 
it  is  his  right  to  make  a  statement  in  relation  to  the  charge  against  him 
(stating  to  him  the  nature  thereof)  ;  that  the  statement  is  designed  to 
enable  him,  if  he  sees  fit,  to  answer  the  charge,  and  to  explain  the  facts 
alleged  against  him;  that  he  is  at  liberty  to  waive  making  a  statement, 
and  that  his  waiver  cannot  be  used  against  him  on  the  trial. 

Cited,  State  v.  Parker,  Hi  Nev.  8S. 

The  committiii-  magistrate  may  select  rnony  have  been  complied  with,  the  state- 

clerks  to  write  out  the  testimony  taken  on  ment  then  made  by  defendant  is  admissible 

preliminary  examination;  and  where  the  in  evidence  against  him  upon  the  trial  of 

provisions  of  the  law  for  taking  such  testi-  the  case,  state  v.  Rover,  13  Nev.  17,  21. 


accompanied  with  proof  that  it  was  taken 
in  conformity  with  the  statute;  and  if  the 
proper  objection  l>e  made,  it  should  not  be 
admitted  without  such  preliminary  proof. 
Idem. 

Where1  such  a  deposition  was  offered  by 
the  prosecution,  and  defendant  objected  that 
it  was  "incompetent  evidence"  it  was  held 
that  such  objection  was  too  general  to  reach 
the  point  of  failure  to  show  that  the  deposi- 
tion was  taken  in  a  case  authorized  by  the 
statute.  Tdem. 

In  criminal,  as  well  as  in  civil  cases, 
objections  should  be  so  specific  that  the 
attention  of  the  court  may  be  directed  to 
tin  exact  point,  so  that  the  objection  may 
be  obviated  if  it  be  of  a  character  which 
ad'nits  of  remedy.  Mem. 

Defendant  <>l»je«-t.«-«l  to  proceeding  with 
the  trial  because  the  testimony  uiven.at  his 
preliminary  examination  had  not  been 
reduced  to  writing.  It  \\  a  s  held  that  lie 
could  not  avail  himself  of  this  irregularity 
without  an  affirmative  showing  that  he  was 


When  defendant  waives  right  to  make  statement,  duty  of  magis- 
trate. 

SEC.  129.  If  the  defendant  waives  his  right  to  make  a  statement,  the 
magistrate  must  make  a  note  thereof  immediately  following  the  deposition 
of  the  witnesses  against  the  defendant,  but  the  fact  of  his  waiver  cannot 
be  used  against  the  defendant  on  the  trial. 

Cited,  State  v.  Parker,  16  Nev.  83. 

6980.    Statement  of  defendant,  how  taken—  Questions  to  be  asked. 

SEC.  130.  If  the  defendant  chooses  to  make  a  statement,  the  magistrate 
must  proceed  to  take  the  same  in  writing,  without  oath,  and  must  put  to 
the  defendant  the  following  questions  only:  "What  is  your  name  and  age? 
Where  were  you  born?  Where  do  you  reside,  and  how  long  have  you 
resided  there?  What  is  your  business  or  profession?  Give  any  explana- 
tion you  may  think  proper  of  the  circumstances  appearing  against  you, 
and  state  any  facts  which  you  think  will  tend  to  your  exculpation." 

Cited,  State  v.  Parker,  16  Nev.  83. 

H981.    Answers  of  defendants  to  be  read  and  corrected. 

SEC.  131.  The  answer  of  the  defendant  to  each  of  the  questions  must 
be  distinctly  read  to  him  as  it  is  taken  down.  He  may  thereupon  correct 
or  add  to  his  answer,  and  it  must  be  corrected  until  it  is  made  conformable 
to  what  he  declares  to  be  the  truth. 


Sec.  6982  CRIMINAL  PRACTICE  1968 

6982.  Form  of  authentication  of  defendant's  statement. 

SEC.  132.  The  statement  must  be  reduced  to  writing  by  the  magistrate, 
or  under  his  direction,  and  authenticated  in  the  following  form : 

1.  It  must  set  forth  in  detail  that  the  defendant  was  informed  of  his 
rights  as  provided  by  section  128,  and  that  after  being  so  informed  he 
made  the  statement. 

2.  It  must  contain  the  questions  put  to  him,  and  his  answers  thereto,  as 
provided  in  sections  130  and  131. 

3.  It  may  be  signed  by  the  defendant,  or  he  may  refuse  to  sign  it;   but 
if  he  refuses  to  sign  it,  his  reason  therefor  must  be  stated  as  he  gives  it. 

4.  It  must  be  signed  and  certified  by  the  magistrate. 

6983.  Defendant's  witnesses  may  testify  after  statement  is  made  or 

waived— Defendant  may  testify,  when. 

SEC.  133.  After  the  waiver  of  the  defendant  to  make  a  statement,  or 
after  he  has  made  it,  his  witnesses,  if  he  produces  any,  must  be  sworn  and 
examined.  The  defendant,  if  he  waives  making  a  statement,  upon  his  own 
request  and  not  otherwise,  may  be  sworn  and  examined  as  a  witness  and  if 
so  sworn  and  examined,  he  may  be  cross-examined. 

6984.  Examination,  exclusion  and  separation  of  witnesses. 

SEC.  134.  The  witnesses  produced  on  the  part  of  either  the  state  or  the 
defendant  must  not  be  present  at  the  examination  of  the  defendant,  and 
while  a  witness  is  under  examination  the  magistrate  may  exclude  all  wit- 
nesses who  have  not  been  examined.  He  may  also  cause  the  witnesses  to 
be  kept  separate,  and  to  be  prevented  from  conversing  with  each  other 
until  they  are  all  examined. 

Kerr,  Pen.  C.,867. 

In  the  absence  of  any  evidence  tending  to  ant's  witnesses  from  the  courtroom,  so  that 
show  that  the  witnesses  were  not  excluded  neither  witness  shall  hear  the  other  testify, 
pending  examination  of  defendant,  as  pro-  and  some  of  the  witnesses  come  in  during 
vided  in  this  section,  the  supreme  court  the  trial,  this  may  discredit  such  witnesses, 
cannot  presume  that  the  justice  did  not  con-  and  subject  them  to  punishment  for  con- 
form to  this  provision.  State  v.  Rover,  13  tempt.  But  the  defendant  himself,  not 
Nev.  21.  being  in  fault  is  entitled  to  that  testimony. 

When  an  order  is  made  excluding  defend-  State  v.  Salge,  2  Nev.  321. 

6985.  Who  may  attend  hearing— Closed  doors. 

SEC.  135.  The  magistrate  must,  also,  upon  the  request  of  the  defendant, 
exclude  from  the  examination  every  person  except  his  clerk,  the  prosecutor 
and  his  counsel,  the  attorney-general,  the  district  attorney  of  the  county, 
the  defendant  and  his  counsel,  and  the  officer  having  the  defendant  in  his 
custody. 

Kerr,  Pen.  C.,868. 

6986.  Defendant  to  be  discharged,  when  and  how. 

SEC.  136.  If,  after  hearing  the  proofs,  and  the  statement  of  the  defend- 
ant, if  he  has  made  one,  it  appears  either  that  no  public  offense  has  been 
committed  or  that  there  is  not  sufficient  cause  to  believe  the  defendant 
guilty  of  a  public  offense,  the  magistrate  must  order  the  defendant  to  be 
discharged,  by  an  indorsement  on  the  depositions  and  statement  signed  by 
him,  to  the  following  effect :  "  There  being  no  sufficient  cause  to  believe  the 
within  named  A.  B.  guilty  of  the  offense  within  named,  I  order  him  to  be 
discharged." 

Kerr,  Pen.  C.,  871. 

6987.  Defendant,  when  and  how  committed. 

SEC.  137.  If,  however,  it  appears  from  the  examination  that  a  public 
offense  has  been  committed,  and  there  is  sufficient  cause  to  believe  the 
defendant  guilty  thereof,  the  magistrate  must  make  or  indorse  on  the 


1969  CRIMINAL  PRACTICE  Sec.  6992 

depositions  and  statement,  an  order  signed  by  him  to  the  following  effect : 
"It  appearing  to  me  by  the  within  depositions  and  statement  (if  any), 
that  the  offense  therein  named  (or  any  other  offense  according  to  the  fact, 
stating  generally  the  nature  thereof)  has  been  committed,  and  that  there 
is  sufficient  cause  to  believe  the  within  named  A.  B.  guilty  thereof,  I  order 
that  he  be  held  to  answer  the  same." 

Kerr,  Pen.  C.,  ^7i'. 

In   order  to  justify  ;i   magistrate  in   holding  accused,  the  evidence  need  not   show   guilt 
a  reasonable  doubt.     In  re  Kelly,  us  Nev.  4W  (S:5  p.  ±>.'J). 

When  often se  not  bailable,  form  of  commitment. 

SEC.  138.  If  the  offense  is  not  bailable,  the  following  words  must  be 
added  to  the  indorsement:  "And  he  is  hereby  committed  to  the  sheriff  of 
the  county  of ." 

Ken-.  Pen.  C.,  *::;. 

l{ej;:irdiii.ur  casee  which  are  not  bailahle,  see  Const.,  sec.  I'.'W. 

0989.    When  offense  bailable,  form— Minimum  bail  for  felony. 

SEC.  139.  If  the  offense  is  bailable,  and  bail  is  taken  by  the  magistrate, 
the  following  words,  or  words  to  the  same  effect,  must  be  added  to  the 
indorsement:  "And  I  have  admitted  him  to  bail  to  answer  by  the  under- 
taking hereto  annexed";  provided,  that  if  the  offense  charged  constitutes  a 
felony,  no  bail  can  be  accepted  in  a  less  sum  than  five  hundred  dollars. 

Kerr,  Pen.  C.,  S74. 

r>99().    When  offense  bailable,  bail  not  given,  form  of  commitment. 

SEC.  140.  If  the  offense  is  bailable,  and  the  defendant  is  admitted  to  bail, 
but  bail  has  not  been  taken,  the  following  words,  or  words  to  the  same 
effect,  must  be  added  to  the  indorsement  mentioned  in  section  137:  "And 

that  he  be  admitted  to  bail  in  the  sum  of. dollars,  and  is  committed 

to  the  sheriff  of  the  county  of until  he  give  such  bail." 

Kerr,  Ten.  C.,  875. 

(>991.    Commitment, how  made  and  by  whom  delivered. 

SEC.  141.  If  the  magistrate  orders  that  the  defendant  be  committed,  he 
must  make  out  a  commitment,  signed  by  him,  with  his  name  of  office, 
and  deliver  it,  with  the  defendant,  to  the  officer  to  whom  he  is  committed, 
or,  if  that  officer  is  not  present,  to  a  peace  officer,  who  must  deliver  the 
defendant  into  the  proper  custody,  together  with  the  commitment. 

Kerr,  Pen.  C.,  S7<>. 

Testimony  held  sufficient  to  anthorixe  commitment.     Ex   1'arte  Willoughby,  14  Nev.  4">1. 

(>992.    Commitment,  form  of. 

SEC.  142.    The  commitment  must  be  to  the  following  effect : 

County  of (as  the  case  may  be). 

The  State  of  Nevada  to  the  sheriff  of  the  county  of : 

An  order  having  been  this  day  made  by  me,  that  A.  B.  be  held  to  answer 
upon  a  charge  of  (stating  briefly  the  nature  of  the  offense,  and  giving  as 
near  as  may  be  the  time  when  and  the  place  where  the  same  was  com- 
mitted), you  are  commanded  to  receive  him  into  your  custody  and  detain 
him  until  he  is  legally  discharged. 

Dated  this day  of : ,  19 

Kerr,  Pen.  C.,  877. 

A  recognizance  which  gives  the  name  of  lars  of  the  offense  in  a  commitment  do  not 

the  offense  for  which  the  principal  is  held,  exist  in  the  case  of  a  recognizance,  and 

sufficiently  complies  with  the  statutory  pro-  therefore  the  construction  requiring  such 

vision  of  "briefly  stating  the  nature  of  the  particularity  given,  to  the  words  quoted 

offense."  State  v.  Birchim,  9  Nev.  95,  99,  above  is  not  applicable  to  the  same  words 

1"0;  State  v.  O'Keefe,  32  Nev.  331  (108  P.  2).  as  used  in  the  statutory  form  of  recogni- 

The  reasons  for  setting  forth  the  particu-  xances.     Idem. 


Sec.  6993  CRIMINAL  PRACTICE  1970 

A    commitment    which    recites    that    peti-  Metallic    City,   Esmeralda    County,   State   of 

tioner  has  been   held  to  answer  the  charge  Nevada,  on  or  about  the  fifth  day  of  Janu- 

of    murder    by    being    accessory    before    the  ary,"   satisfies  the  requirement   of  the   stat- 

fact    to    the    killing    of    P.    L.    Traver    "at  ute.     Ex  Parte  Willoughby,  14  Nev.  451, 453. 

6993.  Undertaking  of  witness,  when  and  how  taken. 

SEC.  .143.  On  holding  the  defendant  to  answer,  the  magistrate  may  take 
from  each  of  the  material  witnesses  examined  before  him  on  the  part  of 
the  state  a  written  undertaking,  to  the  effect  that  he  will  appear  and  testify 
at  the  court  to  which  the  deposition  and  statements  are  to  be  sent,  or  that 
he  will  forfeit  the  sum  which  may  be  ordered  by  the  court. 

Kerr,  Pen.  C.,  878. 

This  section  does  not  make  the  taking  of  a  recognizance  a  condition  precedent  to  the 
admission  of  a  deposition.  State  v.  Parker,  16  Nev.  79,  82. 

6994.  Appearance  of  witness,  security  for,  when  and  how  required. 

SEC.  144.  When  the  magistrate  is  satisfied  by  proof,  on  oath,  that  there 
is  reason  to  believe  that  any  such  witness  will  not  appear  and  testify  unless 
security  is  required,  he  may  order  the  witness  to  enter  into  a  written  under- 
taking, with  sureties,  in  such  sum  as  he  may  deem  proper,  for  his  appear- 
ance as  specified  in  the  preceding  section. 

Kerr,  Pen.  C.,  879. 

6995.  Infants  and  married  women  may  be  required  to  furnish  sureties. 
SEC.  145.     Infants   and   married   women,   who   are   material   witnesses 

against  the   defendant,   may  be  required  to   procure   sureties   for  their 
appearance,  as  provided  in  the  preceding  section. 

Kerr,  Pen.  C.,  880. 

6996.  Witnesses  may  be  committed  who  refuse  to  give  bond. 

SEC.  146.  If  a  witness,  required  to  enter  into  an  undertaking  to  appear 
and  testify,  either  with  or  without  sureties,  refuses  compliance  with  the 
order  for  that  purpose,  the  magistrate  must  commit  him  to  prison  until 
he  complies  or  is  legally  discharged. 

Kerr,  Pen.  C.,  881. 

6997.  Witness  unable  to  give  security  may  be  conditionally  examined. 

SEC.  147.  When,  however,  it  satisfactorily  appears  by  the  examination 
on  oath  of  the  witness,  or  any  other  person,  that  the  witness  is  unable  to 
procure  sureties,  or  if  either  the  state  or  defendant  demands  the  deposition 
of  the  witness  to  be  taken,  he  or  she  may  forthwith  conditionally  be  exam- 
ined on  behalf  of  the  party  requiring  the  deposition  to  be  taken;  such 
examination  must  be  by  question  and  answer,  and  must  be  reduced  to  writ- 
ing by  the  magistrate,  or  under  his  direction  in  the  presence  of  the  defend- 
ant and  the  counsel  for  the  state.  When  the  examination  is  completed 
the  deposition  must  be  read  over  to  the  witness,  and  corrected  in  any 
particular  desired,  signed  by  the  witness,  certified  by  the  magistrate,  and 
transmitted  to  the  clerk  of  the  district  court  of  the  proper  county,  the 
witness  thereupon  must  be  discharged;  provided,  when  both  parties  con- 
sent thereto  the  deposition  may  be  taken  in  narrative  form.  This  section 
does  not  apply  to  the  prosecutor,  or  to  an  accomplice  in  the  commission  of 
the  offense  charged. 

Kerr,  Pen.  C.,  882. 

Cited,  State  v.  Parker,  1<>  Nev.  84. 

See  State  v.  Jones,  under  sec.  127  of  this  act. 

6998.  When  defendant  discharged  or  held  to  answer,  duty  of  magistrate. 
SEC.  148.     When  "a  magistrate  has  discharged  a  defendant,  or  has  held 

him  to  answer,  he  must  return,  without  delay,  to  the  clerk  of  the  court  at 
which  defendant  is  required  to  appear,  the  warrant,  if  any,  the  deposi- 


1971  CRIMINAL  PRACTICE  Sec.  7004 

tions,  the  statement  of  the  defendant,  if  he  has  made  one,  and  all  undertak- 
ings of  bail,  for  the  appearance  of  witnesses  taken  by  him. 

Kerr,  Pen.  C:,  ss:5.  ' 

Statr  not  bound  to  introduce  record  of  preliminary  examination.     State  v.  (Juilieri,  2(> 
Nev.  81  <2»i  P.  49). 

CHAPTER  14 
PROSECUTION  BY  INDICTMENT  OR  ACCUSATION 


What  prosecutions  must  be  by  indictment. 
SEC.  149.     All  public  offenses  triable  in  the  district  courts  must  be  prose- 
cuted by  indictment,  except  as  provided  in  the  next  section. 

K«-rr.  Pen.  ('..  SSS. 

Const.,  art.  1.  sec.  s.  provides  that  no  person  shall  he  tried  for  infamous  crime  except 
upon  the  presentment  or  indictment  of  a  grand  jury  (sec.  237,  ante). 

An  amendment  allowing  prosecutions  upon  the  information  of  the  attorney-genera)  and 
district  attorneys  has  heen  favored  l>\  resolutions  passed  by  the  legislatures  of  1909  and  MM  I 
and  is  ready  to  he  voted  upon  hy  the  people  at  the  general  election  in  Novemher,  1912. 

7000.  What  prosecutions  to  be  by  accusation. 

SEC.  150.  When  proceedings  are  had  for  the  removal  of  district,  county, 
municipal,  or  township  officers,  they  may  be  commenced  by  accusation,  in 
writing,  as  provided  in  sections  44  and  57. 

Kerr.  Ten.  C.,  889, 

7001.  Accusations  and  indictments  must  he  found  in  district  courts. 
SEC.  151.    All   accusations,   and    indictments   against   district,    county, 

municipal,  and  township  officers,  must  be  found  in  the  district  court. 

Kerr,  Pen.  ('..  S'.M). 

CHAPTER  15 
FORMATION  OF  GRAND  JURY 

7iMr_>.    Km  -Mint  inn    prescribed   by    special   stat-       "(Ml).   Objections  can  only  be  taken  by  chal- 

utcs.  IcniM'. 

71111;;.  Who  may  challenge  panel  or  in<livi«lu:il  Tun.  Fun-man.  how  appointed. 

grand  juror.  7<)  1  1'.  Oath  of  foreman. 

7(11)1.   C  rounds  for  challenge  to   panel.  7<»i:5.  Oath  of  grand  jurors. 

7'  ii  >.").  (hounds    for    challenge    to    individual  "i>14.  (liaise  to  be  given  by  court. 

grand  juror.  7<>l.~.  Where     jury     shall     deliberate  —  Dis- 
7(Mii;.  (  'hallenge,  how  made  and  tried.  charge  of. 

7iM»7.  Decision  upon  challenges.  701(i.  Special  grand  jury. 

700X.    Kft'eot  of  allowing  challenge  of  panel.  7<>17.  Order  for  special  grand  jury. 

7iH>!i.    KfVect    of   allowing   challenge   to   indi-  7018.  Order,  how  executed. 

vidual  grand  juror.  7019.  Special  grand  jury,  how  formed. 

7002.  Formation  prescribed  by  special  statutes. 

SEC.  152.  The  formation  of  grand  juries  is  prescribed  by  special 
statutes. 

See  sees.  4931,  4940;  State  v.  Hartley,  22  Nev.  342  (28  L.  R.  A.  33,  40  P.  372). 

7008.    Who  may  challenge  panel  or  individual  grand  juror. 

SEC.  153.  The  state,  or  a  person  held  to  answer  a  charge  for  a  public 
offense,  may  challenge  the  panel  of  a  grand  jury,  or  an  individual  grand 
juror. 

Kerr,  Pen.  C.,  894. 

An  indictment  found  by  a  grand  jury  not  legally  selected  is  invalid.  State  v.  McNamara, 
3  Nev.  71,  75. 

7004.    Grounds  for  challenge  to  panel. 

SEC.  154.  A  challenge  to  the  panel  may  be  interposed  for  one  or  more 
of  the  following  causes  only  : 

1.  That  the  requisite  number  of  ballots  was  not  drawn  from  the  jury  box 
of  the  county  as  prescribed  by  law. 


See.  7005  CRIMINAL  PRACTICE  1972 

2.  That  the  notice  of  the  drawing  of  the  grand  jury  was  not  given  as  pre- 
scribed by  law. 

3.  That  the  drawing  was  not  had  in  the  presence  of  the  officers  or  officer 
designated  by  law. 

Kerr,  Pen.  C.,  895. 

See  State  v.  McNamara,  under  sec.  211  of  have  no  application  to  the  present  method 

this  act.  of  selecting  a  grand  jury,  does  not  authorize 

Xothing   else  than   what  the   statute  pre-  the  court  to  consider  the  motion  as  a  chal- 

scribes   can    disqualify    one   from   acting   as  lenge  to  the  panel.     Idem. 
a  grand  juror.     State  v.  Millain,  3  Nev.  409.  Where    defendant    had    not    been    held   to 

A  motion  to  quash  an  indictment  because  answer  before  the  finding  of  an  indictment 

the  grand  jurors  were  not   selected   accord-  against  him,  and  he  moved  to   set  it  aside 

ing  to  law,  ought  to  be  made  before  plea.  on  the  ground  that  no  list  of  names  selected 

State  v.  Collyer,  17  Nev.  275,280  (30  P.  891).  as  grand  jurors  for  the  session  at  which  the 

If    the    plea    has    been    entered    and    the  indictment  was  found  was  certified  by  the 

motion    to    quash    thereafter    made    in    good  officer  making  the  selection,  the  motion  was 

faith,  before  the  trial  commences,  the  court  properly  overruled.     State  v.  Simas,  25  Nev. 

should  allow  the  plea  to  be  withdrawn  and  442  (62  P.  242). 

give  defendant  an  opportunity  to  be  heard  The  statutory  grounds  of  challenge  to  the 

upon  his  motion.     Idem.  panel  of  a  grand  jury  specified  in  this  sec- 

The    right    of   challenge    to    the   panel    of  tion,  do  not  apply  to  the  changed  method  of 

the     grand     jurors     is     restricted     to     the  drawing    grand    jurors.     State    v.    Williams, 

three    grounds    enumerated    in    the    statute,  31  Nev.  360,  361  (102  P.  974). 
and  the  fact   that  these   statutory  grounds 

7005.  Grounds  for  challenge  to  individual  grand  juror. 

SEC.  155.  A  challenge  to  an  individual  grand  juror  may  be  interposed 
for  one  or  more  of  the  following  causes  only : 

1.  That  he  is  a  minor; 

2.  That  he  is  an  alien ; 

3.  That  he  is  insane ; 

4.  That  he  is  a  prosecutor  upon  a  charge  against  the  defendant ; 

5.  That  he  is  a  witness  on  the  part  of  the  prosecution,  and  has  been 
served  with  process  or  bound  by  an  undertaking  as  such. 

6.  That  a  state  of  mind  exists  on  his  part  in  reference  to  the  case,  or  to 
either  party,  which  will  prevent  him  from  acting  impartially  and  without 
prejudice  to  the  substantial  rights  of  the  party  challenging;  but  no  person 
shall  be  disqualified  as  a  grand  juror  by  reason  of  having  formed  or  having 
expressed  an  opinion  upon  the  matter  of  cause  to  be  submitted  to  such  jury, 
founded  upon  public  rumor,  statements  in  public  journals,  or  common 
notoriety ;  provided,  it  satisfactorily  appears  to  the  court  upon  his  declara- 
tion, under  oath,  or  otherwise,  that  he  will,  notwithstanding  such  an  opin- 
ion, act  impartially  and  fairly  upon  the  matters  to  be  submitted  to  him. 

Kerr,  Pen.  C.,  896. 

A  prosecutor  is  'one  who  prefers  an  accu-  a  witness.    State  v.  Millain,  3  Nev.  409,  455- 

sation  against  a  party  whom  he  suspects  to  458. 

be  guilty."    A  party  who  appears  in  response  See  State  v.  Simas,  under  sec.  154  of  this 

to  a   subpena  is  not  a  prosecutor,  but  only  act. 

7006.  Challenge,  how  made  and  tried. 

SEC.  156.  Challenges  mentioned  in  the  last  three  sections  may  be  oral 
or  in  writing,  and  must  be  entered  upon  the  minutes,  and  tried  by  the 
court  in  the  same  manner  as  challenges  in  the  case  of  a  trial  jury  which  are 
triable  by  the  court. 

Kerr,  Pen.  C.,  897. 

Under  sec.  181  (Stats.  1861,  435)  it  was  sucli  minutes,  they  will  not  be  considered 

held:  The  criminal  practice  act  does  not  as  parts  of  the  record  or  reviewed  on  appeal, 

require  the  clerk  to  make  anv  minutes  of  without  a  bill  of  exceptions.  State  v.  Baker, 

peremptory  challenges;  and  if  he  does  make  8  Nev.  146,  147. 


1973  CRIMINAL  PRACTICE  Sec,  7013 

7007.  Decision  upon  challenges. 

SEC.  157.  The  court  must  allow  or  disallow  the  challenge  and  the  clerk 
must  enter  its  decision  upon  the  minutes. 

Krrr,  Pen.  C.,  SHS. 

Cited,  State  v.  Baker.  S  Nev.  14l>. 

7008.  Effect  of  allowing  challenge  to  panel. 

SEC.  158.  If  a  challenge  to  the  panel  is  allowed,  the  grand  jury  are  pro- 
hibited from  inquiring  into  the  charge  against  the  defendant  by  whom  the 
challenge  was  interposed.  If,  notwithstanding,  they  do  so,  and  find  an 
indictment  against  him,  the  court  must  direct  it  to  be  set  aside. 

Kerr,  Pen.  C.,  SW. 

7009.  Effect  of  allowing  challenge  to  individual  grand  juror. 

SEC.  159.  If  a  challenge  to  an  individual  grand  juror  is  allowed,  he 
cannot  be  present  or  take  part  in  the  consideration  of  the  charge  against 
the  defendant  who  interposed  the  challenge,  or  the  deliberations  of  the 
grand  jury  thereon.  The  grand  jury  must  inform  the  court  of  a  violation 
of  this  section,  and  it  is  punishable  by  the  court  as  a  contempt. 

KCIT.   I'm.  (\.  <MX>. 

7010.  Objections  can  only  ln«  taken  by  rlialleuge. 

SEC.  160.  A  person  held  to  answer  for  a  public  offense  can  take  advan- 
tage of  any  objection  to  the  panel  or  to  an  individual  grand  juror  in  no 
other  mode  than  by  challenge. 

KCIT.    I'm.  C.,  '.MM. 

7011.  Foreman,  how  appointed. 

SEC.  161.  From  the  persons  summoned  to  serve  as  grand  jurors  and 
appearing,  the  court  must  appoint  a 'foreman.  The  court  must  also  appoint 
a  foreman  when  the  person  already  appointed  is  excused  or  discharged 
before  the  grand  jury  is  dismissed. 

Kfi-r,   IVn.  C.,  ML'. 

701*2.    Oath  of  foreman. 

SEC.  162.  The  following  oath  must  be  administered  to  the  foreman  of 
the  grand  jury: 

"You,  as  foreman  of  the  grand  jury,  will  diligently  inquire  into,  and  true 
presentment  make,  of  all  offenses  against*  the  State  of  Nevada  committed 
or  triable  within  this  county,  of  which  you  shall  have  or  can  obtain  legal 
evidence.  You  will  keep  your  own  counsel,  and  that  of  your  fellows  and  the 
government,  and  will  not,  except  when  required  in  the  due  course  of  judi- 
cial proceedings,  disclose  the  testimony  of  any  witness  examined  before 
you,  nor  anything  which  you  or  any  other  grand  juror  may  have  said,  nor 
the  manner  in  which  you  or  any  other  grand  juror  may  have  voted  on  any 
matter  before  you.  You  will  present  no  person  through  malice,  hatred, 
or  ill  will,  nor  leave  any  unpresented  through  fear,  favor,  or  affection,  or 
for  any  reward,  or  the  promise  or  hope  thereof;  but  in  all  your  present- 
ments you  will  present  the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  according  to  the  best  of  your  skill  and  understanding,  so  help  you 
God." 

Kerr,  Pen.  C.,  903. 

7018.    Oath  of  grand  jurors. 

SEC.  163.  The  following  oath  must  be  immediately  thereupon  admin- 
istered to  the  other  grand  jurors  present : 

"The  same  oath  which  your  foreman  has  now  taken  before  you  on  his 


Sec.  7014  CRIMINAL. PRACTICE  1974 

part,  you,  and  each  of  you,  shall  well  and  truly  observe  on  your  part,  so 
help  you  God." 

Kerr,  Pen.  C.,  904. 

7014.  Charge  to  be  given  by  court, 

SEC.  164.  The  grand  jury  being  impaneled  and  sworn,  must  be  charged 
by  the  court.  In  doing  so,  the  court  must  give  them  such  information  as 
it  may  deem  proper,  or  as  is  required  by  law,  as  to  their  duties,  and  as  to 
any  charges  for  public  offenses  returned  to  the  court  or  likely  to  come 
before  the  grand  jury.  The  court  need  not,  however,  charge  them  respect- 
ing violation  of  any  particular  statute. 

Kerr,  Pen.  C.,  905. 

District  judges  to  charge  grand  juries  regarding  statutes  relating  to  duties  of  officers  (sec. 
4924),  and  concerning  recording  of  marriages,  births  and  deaths  (sec.  4925). 
Cited,  Ex  Parte  Job,  17  Nev.  187  (30  P.  699). 

7015.  Where  jury  shall  deliberate— Discharge  of. 

SEC.  165.  The  grand  jury  must  then  retire  to  a  private  room  and 
inquire  into  the  offenses  cognizable  by  them.  On  the  completion  of  the 
business  before  them,  they  must  be  discharged  by  the  court ;  but,  whether 
the  business  is  completed  or  not,  they  may  be  discharged  by  the  court  after 
the  expiration  of  one  year. 

Kerr,  Pen.  C.,  906. 

7016.  Special  grand  jury. 

SEC.  166.  If  an  offense  is  committed  during  the  sitting  of  the  court, 
after  the  discharge  of  the  grand  jury,  the  court  may,  in  its  discretion, 
direct  an  order  to  be  entered  that  the  sheriff  summon  another  grand  jury. 

Kerr,  Pen.  C.,  907. 

7017.  Order  for  special  grand  jury. 

SEC.  167.  An  order  must  thereupon  be  made  out  by  the  clerk,  and 
directed  to  the  sheriff,  requiring  him  to  summon  twenty-four  persons, 
qualified  to  serve  as  grand  jurors,  to  appear  forthwith,  or  at  such  time  as 
may  be  named  by  the  court. 

Kerr,  Pen.  C.,  908. 

7018.  Order,  how  executed. 

SEC.  168.  The  sheriff  must  execute  the  order,  and  return  it  with  a  list 
of  the  names  of  the  persons  summoned. 

Kerr,  Pen.  C.,  909. 

7019.  Special  grand  jury,  how  formed. 

SEC.  169.  At  the  time  appointed  a  list  must  be  called  over,  and  the 
names  of  those  in  attendance  be  written  by  the  clerk  on  separate  ballots 
and  put  into  a  box,  from  which  a  grand  jury  must  be  drawn. 

Kerr,  Pen.  C.,  910, 

CHAPTER  16 

POWERS  AND  DUTIES  OF  GRAND  JURY 

7020.  Powers  and  duties  of  grand  jury.  7028.  Grand  jury,  duties  of. 

7021.  Presentment  defined.  7029.  Grand  jury  entitled  to  enter  jails  and 

7022.  Indictment  defined.  examine  records. 

7023.  Foreman   to   administer   oaths   to  wit-       7030.  Grand  jury  to  be  advised  by  court  and 

nesses.  district    attorney — Who    allowed   in 

7024.  What    evidence    is    receivable    by    the  jury  room. 

grand  jury.  7031.  Grand  jury  proceedings  to  be  secret. 

7025.  Not  bound  to  hear  evidence  for  defend-       7032.  Grand    juror,    when    required    to    dis- 

ant.  close  testimony. 

7026.  Degree  of  evidence  to  warrant  indict-       7033.  Grand  jury  shall  not  be  questioned  for 

ment.  proceedings    in    jury    room — Excep- 

7027.  Grand     juror     having     knowledge     of  tions. 

offense,  duties  of. 


1975  CRIMINAL  PRACTICE  Sec.  7025 

7020.  Powers  and  duties  ofjrrand  jury. 

SEC.  170.  The  grand  jury  must  inquire  into  all  public  offenses  com- 
mitted and  triable  within  the  jurisdiction  of  the  court,  and  present  them  to 
the  court,  either  by  presentment  or  indictment. 

Kerr,  IVn.  C.,  915. 

The  grand  jury  is  authorized  to  indict  a  examination  before  a  justice  of  the  peace. 

prison  accused  of  crime,  notwithstanding  Knight  v.  District  Court,  32  Nev.  346  (108 

the  case  may  be  pending  on  preliminary  I'.  .",58). 

7021.  Presentment  defined. 

SEC.  171.  A  presentment  is  an  informal  statement  in  writing,  by  the 
grand  jury,  representing  to  the  court  that  a  public  offense  has  been  com- 
mitted, which  is  triable  within  the  district,  and  that  there  is  reasonable 
ground  for  believing  that  a  particular  individual,  named  or  described,  has 
committed  it. 

Ken-.  IVn.  ('..  «»!»>. 

7022.  Indictment  defined. 

SEC.  172.  An  indictment  is  an  accusation  in  writing,  presented  by  a 
grand  jury  to  a  competent  court,  charging  a  person  with  a  public  offense. 

Kerr.  IVn.  ('.,  !H7. 

A   presentment  at  common  law  was  a  mere  support    of    an    indict  incut,    yet    it    docs    not 

Informal  statement  of  a  grand  jury  (not  pro-  follow    that    the   admission    of   incompetent 

pared  l>y  the  law  officer  of  the  court)  calling  testimony  will  aiithori/.c  the  district  court  to 

attention   to  the  existence  of  some  violation  set    it    aside.      Idem. 

ot    law    which    the   jury    might   think   needed  If  there  lie  not  hing  to  support  the  bill  but 

correct  ion.     State   v.    Millain,  3  Nev.  439.  e\  idence     clearly     incompetent     and     which 

An  indictment  is  a  "written  accusation  of  would  not  be  admissible  at  the  trial,  as  the 

one   or   more  persons,  of  a   crime  or  misde-  testimony  of  a  person  rendered  incompetent 

meanor.    presented    to,    and    preferred    upon  by    conviction    of    an    infamous    crime,    the 

oath  or  affirmation  by  a  grand  jury  legally  indictment  may  be  set  aside  on  motion  before 

convoked."      Idem.  plea.       Idem. 

AII     indictment     should    not    be    quashed  But  to  authorize  the  setting  aside  of  an 

merely  l>ecau-e  the  grand  jury  received  some  indictment,  even  where  there  is  no  compe- 

illegal    or    incompetent   testimony.     If   there  tent    evidence  to  support  it,  that  fact  must 

i^    any     legal    testimony    to    sustain    it,    it  appear   by   proof,  independent   of  the  testi- 

should  not  be  set  aside.     State  v.  Logan,  1  nionv  of  the  grand  jurors  who  found  the  bill, 

Xev.  .")Ki,  515,  516.  for  it  is  inadmissible  for  them  to  show  that 

Though   the  law  declares  that  the   grand  the  indictment  was  found  without  testimony 

jury  shall  receive  none  but  legal  evidence  in  or  upon  insufficient  testimony.     Idem. 

7023.  Foreman  to  administer  oaths  to  witnesses. 

SEC.  173.  The  foreman  may  administer  an  oath  to  any  witness  appear- 
ing before  the  grand  jury. 

Kerr,  Pen.  C.,918. 

7024.  \Yhat  evidence  is  receivable  by  the  <n*and  jury. 

SEC.  174.  In  the  investigation  of  a  charge,  for  the  purpose  of  either 
presentment  or  indictment,  the  grand  jury  can  receive  no  other  evidence 
than  such  as  is  given  by  witnesses  produced  and  sworn  before  them,  or 
furnished  by  legal  documentary  evidence,  or  the  deposition  of  witnesses 
taken  as  provided  in  this  act.  The  grand  jury  can  receive  none  but  legal 
evidence,  and  the  best  evidence  in  degree,  to  the  exclusion  of  hearsay  or 
secondary  evidence. 

Kerr,  Pen.  C.,919. 

7025.  Not  bound  to  hear  evidence  for  defendant. 

SEC.  175.  The  grand  jury  is  not  bound  to  hear  evidence  for  the  defend- 
ant; it  is  their  duty,  however,  to  weigh  all  evidence  submitted  to  them, 
and  when  they  have  reason  to  believe  that  other  evidence  within  their 
reach  will  explain  away  the  charge,  they  must  order  such  evidence  to  be 


Sec.  7026  CRIMINAL  PRACTICE  1976 

produced,  and  for  that  purpose  may  require  the  district  attorney  to  issue 
process  for  the  witnesses. 

Kerr,  Pen.  C.,920. 

7026.  Degree  of  evidence  to  warrant  indictment. 

SEC.  176.  The  grand  jury  ought  to  find  an  indictment  when  all  the  evi- 
dence before  them,  taken  together,  is  such  as,  in  their  judgment,  would, 
if  unexplained  and  uncontradicted,  warrant  a  conviction  by  the  trial  jury. 

Kerr,  Pen.  C.,921. 

7027.  Grand  juror  having  knowledge  of  offense,  duties  of. 

SEC.  177.  If  a  member  of  the  grand  jury  knows  or  has  reason  to  believe 
that  a  public  offense  has  been  committed,  which  is  triable  within  the  juris- 
diction of  this  court,  he  must  declare  the  same  to  his  fellow  jurors,  who 
shall  thereupon  investigate  the  same. 

Kerr,  Pen.  C.,  922. 

7028.  Grand  jury,  duties  of. 

SEC.  178.  The  grand  jury  must  inquire  into  the  case  of  every  person 
imprisoned  in  the  jail  of  the  county,  on  a  criminal  charge,  and  not  indicted ; 
into  the  condition  and  management  of  the  public  prisons  within  the  county ; 
and  into  the  wilful  and  corrupt  misconduct  in  office  of  public  officers  of 
every  description  within  the  county. 

KerrJPen.  C.,923. 

7029.  Grand  jury  entitled  to  enter  jails  and  examine  records. 

SEC.  179.  The  grand  jury  shall  be  entitled  to  free  access,  at  all  reason- 
able times,  to  all  public  prisons  and  to  the  examination  without  charge,  of 
all  public  records  within  its  district. 

Kerr,  Pen.  C.,924. 

Cited,  State  ex  rel.  N.  T.  G.  &  T.  Co.  v.  Grimes,  29  Nev.  60. 

7030.  Grand  jury  to  be  advised  by  court  and  district  attorney— Who 

allowed  in  jury  room. 

SEC.  180.  The  grand  jury  may,  at  all  reasonable  times,  ask  the  advice 
of  the  court,  or  any  member  thereof,  and  of  the  district  attorney.  Unless 
his  advice  be  asked,  no  member  of  the  court  shall  be  permitted  to  be  pres- 
ent during  the  session  of  the  grand  jury.  The  district  attorney  shall  be 
allowed,  at  all  times,  to  appear  before  the  grand  jury,  on  his  request,  for 
the  purpose  of  giving  information  or  advice  relative  to  any  matter  cogniz- 
able by  them,  and  may  interrogate  witnesses  before  them  when  they  shall 
deem  it  necessary.  Except  the  district  attorney,  no  person  shall  be  per- 
mitted to  be  present  before  the  grand  jury  besides  the.  witness  actually 
under  examination,  and  no  person  shall  be  permitted  to  be  present  during 
the  expression  of  their  opinions  or  the  giving  of  their  votes  upon  any 
matter  before  them. 

Kerr,  Pen.  C.,  925. 

7081.    Grand  jury  proceedings  to  be  secret. 

SEC.  181.  Every  member  of  the  grand  jury  shall  keep  secret  whatever 
he  himself,  or  any  .other  grand  juror  may  have  said,  or  in  what  manner 
he  or  any  other  grand  juror  may  have  voted  in  a  matter  before  them. 

Kerr,  Pen.  C.,  926. 

Regarding  penalty  for  divulging  secrets  of  grand  jury  by  grand  juror  or  others,  see  sec.  6374. 

Grand    jurors    may    be    called    to    testify  to  impeach  or  affect  the  findings  of  his  fel- 

against  a  witness  who  is  indicted  for  per-  lows.     State  v.  Logan,  1  Nev.  510. 

jury,    to    prove   what    was    sworn   to    before  The  testimony  of  grand  jurors  is  not  admis- 

them,  or  to  show  that  the  indictment  is  not  sible    to    impeach    their    acts    in    finding   an 

found    by    the    requisite    number;     but    the  indictment.     State  v.  Hamilton,  13  Nev.  389. 
testimony  of  no  grand  juror  can  be  received 


1977  CRIMINAL  PRACTICE  Sec.  7039 

7082.    (iraiul  juror,  when  required  to  disclose  testimony. 

SEC.  182.  A  member  of  the  grand  jury  may,  however,  be  required  by 
any  court  to  disclose  the  testimony  of  a  witness  examined  before  the  grand 
jury  for  the  purpose  of  ascertaining  whether  it  is  consistent  with  that 
given  by  the  witness  before  the  court,  or  to  disclose  the  testimony  given 
before  them  by  any  person  upon  a  charge  against  him  for  perjury  in  giv- 
ing his  testimony,  or  upon  his  trial  therefor. 

Kerr,  Pen.  C.,  5>L'(i. 

See  citations  under  sec.  1S1  of  this  act. 


(irand  juror  shall  not  be  questioned  for  proceedings  in  jury  room— 
Exceptions. 

SEC.  183.  No  grand  juror  shall  be  questioned  for  anything  he  may  say 
or  vote  he  may  give  during  any  session  of  the  grand  jury,  relative  to  a 
matter  legally  pending  before  the  jury,  except  for  a  perjury  of  which  he 
may  have  been  guilty  in  making  an  accusation  or  giving  testimony  to  his 
fellow  jurors. 

K<MT.  IVn.  (\,  <»27. 

CHAPTER  17 
PRESENTMENT,   AND  PROCEEDINGS   THEREON 

7'i:5}.    1'resent  ment.  how  found.  7i>:;s.    1  'resentment.  clerk  to  issue  -bench   war 

.    1'resentment.   linw   I-  rr-<i  -nte.  I   ami  filed.  rant,  when. 

7<>::<;.    Presentment,  finding  then-..  t'  not   to  i.e  7n:'.!>.   Presentment,   form    of  bench    wan-mil. 

disclosed.  7<|H>.    Presentment,  bench   warrant,  how  exe'- 
7<i::,'.    Bench  warrant  on  presentment  .  cuted. 

7O-J-1.     Presentment,   |  H'oceei  I  i  II  ^s   Oil   arrest. 

7034.     Presentment.  how  found. 

SEC.  184.  A  presentment  cannot  be  found  without  the  concurrence  of  at 
least  twelve  grand  jurors.  When  so  found  it  must  be  signed  by  the 
foreman. 

Sec  gees,  8864,  «;s«.u.  u<)99. 

7085.    Presentment,  how  presented  and  tiled. 

SEC.  185.  The  presentment,  when  found,  must  be  presented  by  the  fore- 
man in  the  presence  of  the  grand  jury  to  the  court  and  must  be  filed  by  the 
clerk  thereof. 

7036.  Presentment,  finding  thereof  not  to  be  disclosed. 

SEC.  186.  No  grand  juror,  district  attorney,  clerk,  judge  or  other  officer 
or  person  shall  disclose  the  fact  of  a  presentment  having  been  made  for  a 
felony  until  the  defendant  shall  have  been  arrested.  But  this  prohibition 
shall  not  extend  to  disclosure  by  the  issuing  or  in  the  execution  of  a  war- 
rant to  arrest  the  defendant. 

See  sees.  6374,  7031. 

7037.  Bench  warrant  on  presentment. 

SEC.  187.  If  the  court  deems  that  the  facts  stated  in  the  presentment 
constitute  a  public  offense,  triable  within  the  county,  it  shall  direct  the 
clerk  to  issue  a  bench  warrant  for  the  arrest  of  the  defendant. 

7038.  Presentment,  clerk  to  issue  bencli  warrant,  when. 

SEC.  188.  The  clerk,  on  the  application  of  the  district  attorney,  may 
accordingly,  at  any  time  after  the  order,  whether  the  court  is  sitting  or 
not,  issue  a  bench  warrant,  under  the  signature  and  the  seal  of  the 
court,  into  one  or  more  districts. 

7039.  Presentment,  form  of  bencli  warrant. 

SEC.  189.  The  bench,  warrant  upon  presentment  shall  be  substantially 
in  the  following  form: 

County  of  ....................  .     The  State  of  Nevada  to.  any  sheriff,  constable, 


Sec.  7040  CRIMINAL  PRACTICE  1978 

marshal  or  policeman  in  the  state:  A  presentment  having  been  made  on 

the day  of .,  19....,  to  the  district  court  of  the  district  of 

..,  charging  C.   D.  with  the  crime  of (designating  it 

generally) ,  you  are  therefore  commanded  forthwith  to  arrest  the  above- 
named  C.  D.  and  take  him  before  E.  F.,  a  magistrate  of  this  district;  or 
in  case  of  his  absence  or  inability  to  act,  before  the  nearest  or  most  acces- 
sible magistrate  of  this  district.  Given  under  my  hand,  with  the  seal  of 

said  court  affixed,  this day  of ,  A.  D.  19.....     By  order  of 

court. 

7040.  Presentment,  bench  warrant,  how  executed. 

SEC.  190.  The  bench  warrant  may  be  served  in  any  district,  and  the 
officer  serving  it  must  proceed  thereon  in  all  respects  as  upon  a  warrant  of 
arrest  on  a  complaint,  except  when  served  in  another  district  it  need  not 
be  indorsed  by  a  magistrate  of  that  district. 

7041.  Presentment,  proceedings  on  arrest. 

SEC.  191.  The  magistrate,  when  the  defendant  is  brought  before  him, 
shall  proceed  to  examine  the  charge  contained  in  the  presentment  and 
hold  the  defendant  to  answer  the  same,  or  discharge  him  thereupon  in  the 
same  manner  in  all  respects  as  upon  a  warrant  of  arrest  on  complaint. 

See  sees.  6940,  et  seq. 

CHAPTER  18 

THE    INDICTMENT — FINDING   AND    PRESENTMENT    OF 

7042.  Indictment  must  be  found  by  twelve       7045.  Indictment,  names  of  witnesses  to  be 

jurors — Indorsement. '  inserted. 

7043.  Indictment,    failure    to    find,    duty    of       7046.  Indictment,  how  presented  and  filed. 

grand  jury.  7047.  Indictment   against    defendant   not   in 

7044.  Indictment,  dismissal  does  not  bar  fur-  custody,  procedure. 

ther  indictment. 

7042.  Indictment  must  be  found  by  twelve  jurors— Indorsement. 

SEC.  192.  An  indictment  cannot  be  found  without  the  concurrence  of  at 
least  twelve  grand  jurors.  When  so  found  it  shall  be  indorsed:  "A  true 
bill,"  and  the  indorsement  shall  be  signed  by  the  foreman  of  the  grand 
jury. 

Kerr,  Pen.  C.,940. 

Cited,  State  v.  Hartley,  22  Nev.  253,  254  (28  L.  R.  A.  33,  40?P.  372). 

An  objection  that  indictment  has  not  been  they  had  in  view  a  grand  jury  as  it  existed 

found,   indorsed   or   presented   as   prescribed  under  the  common  law  and  the  statutes  at 

by   law,   is   not   a   ground   of   demurrer,   but  the  time  the  constitution  was  adopted.  State 

must  be  taken  by  a  motion  to  set  aside  an  v.  Hartley,  22  Nev.  342,  353,  354  (28  L.  E. 

indictment  before  pleading  to  it.     State    v.  A.  33,  40  P.  372). 

Harris,  12  Nev.  414,  419.  Twelve  qualified  grand  jurors  are  a  legal 

When   the  people   adopted   the   provisions  body  and  may  return  an  indictment.     State 

of  the  bill  of  rights  (Const.,  sec.  237,  ante),  v.  Casey,  33  Nev.—  (117  P.  5). 

7043.  Indictment,  failure  to  find,  duty  of  grand  jury. 

SEC.  193.  If  twelve  grand  jurors  do  not  concur  in  finding  an  indictment 
against  a  defendant  who  has  been  held  to  answer,  the  deposition  and  state- 
ment, if  any,  transmitted  to  them  shall  be  returned  to  the  court  with  the 
indorsement  signed  by  the  foreman  to  the  effect  that  the  charge  is 
dismissed. 

Kerr,  Pen.  C.,941. 

See  State  v.  Hartley,  and  State  v.  Harris,  under  sec.  257  of  this  act. 

7044.  Indictment,  dismissal  does  not  bar  further  indictment. 

SEC.  194.  The  dismissal  of  the  charge  shall  not,  however,  prevent  the 
same  charge  from  being  again  submitted  to  a  grand  jury  or  as  often  as 
the  court  shall  so  direct.  But,  without  such  direction,  it  shall  not  be  again 
submitted. 

Kerr,  Pen.  C.,942. 


1979  CRIMINAL  PRACTICE  Sec.  7049 

!"]M>na  review  of  the  statutory  provisions,  An   order   resubmitting   tin1   case   "to   the 

it  was  hold  that  the  failure  of  the  respective  same  or  another  grand  jury,"  is  not   void  for 

grand  juries  to  find  an  indictment   was  not  uncertainty.     Idem. 

a  Kar  to  further  prosecution.     Ex  Parte  Job,  See  State  v.  Harris,  under  sec.  257  of  this 

17  Nev,  L84,  1*6  (30  P.  699).  act. 

"045.    Indictment, names  of  witnesses  to  be  inserted. 

SEC.  195.  When  an  indictment  is  found  the  names  of  the  witnesses 
examined  before  the  grand  jury  shall  be  inserted  at  the  foot  of  the  indict- 
ment, or  indorsed  thereon  before  it  is  presented  to  the  court. 

Kerr,  iVn.  C.,943. 

State  v.  Harris,  under  sec.  192  of  this  arc    read     before    the    grand    jury    must    be 

act.  inserted  at  the  foot  of.  or  indorsed  upon,  the 

Tht1  names  of  witnesses   whose  .i";><>-it  ions  indictment.      State  v.   Hamilton.   1.'?  Nev.  388. 

704(>.     Indictment,  ho\v  presented  and  tiled. 

SEC.  196.  An  indictment,  when  found  by  the  grand  jury,  shall  be  pre- 
sented by  their  foreman,  in  their  presence,  to  the  court  and  shall  be  filed 
with  the  clerk  and  remain  in  his  office  as  a  public  record. 

Ki-rr,  Ten.  C..«»44. 

7047.  Indictment  against  defendant  not  in  custody,  procedure. 

SEC.  197.  When  an  indictment  has  been  found  against  a  defendant,  not 
in  custody,  the  same  proceedings  shall  be  had  as  are  prescribed  in  sections 
227  and  234,  both  inclusive,  against  a  defendant  who  fails  to  appear  for 
arraignment. 

Kerr.  I  Vn.  ( '..  !»r>. 

CHAPTER  19 
RULES  OF  PLEADING  AND  FORM  OF  THE  INDICTMENT 

71't-s.    Pleadings,    forms   and    rules   of.  7»i;i.    Indict  tnent .    what    need    not    be    stated 

7"4'.i.    Indictment,  first   pleading.  therein. 

7050.   [ndictment,  to  contain  what.  7<>i;i>.  .Judgment,  how  pleaded. 

TH.'.I.    Indictment,  form  of,  signed  by  district  7<)i;:;.    Private  statute,  how  pleaded. 

attorney.  70<i4.   Indict  incut  for  libel,  requisites  of. 

7'>.">i).    Indictment,  must  be  direct,  to  contain  7<>ii.~>.    Indictment    for  forgery,  description  of 

what,  lost  instrument — Effect. 

711.")?,.  Indictment,  when  defendant's  name  is  7ni;i;.  Perjury,  what  sufficient. 

fictitious  or  erroneous.  7<>(i7.  Pleading  in   indictment   for  obtaining 
7".~4.   Indictment,  to  charge  only  one  offense.  by  false  representation. 

7'ir..".  Indictment,  time,  how  stated  in.  7'»<;s.    Pleading  in  indictment  for  larceny  or 
7»>.-|ii.  Indictment,  error  in  describing  person  embezzlement. 

injured,  effect.  7069.  Pleading  in   indictment  for  selling  or 
7<i.~>7.  Indictment, construction  of  words  used.  possessing  lewd  and  obscene  books. 

7<)."»s.  Indictment — Words    of     statute    need  7<>7<>.  Indictment  against  several. 

not  be  strictly  followed.  7071.  Distinction      between      principal      and 
7 "."»0.  Indictment,  when  sufficient.  accessory  abrogated. 

7ii<;< i.  Indictment,  defect  in   form  not  mate-  7072.  Accessory   after   the   fact,    indictment 

rial  when   not   prejudicial — Amend-  and  punishment. 

ment.  7073.  Indictment  for  compounding  and  con- 
cealing offenses. 

7048.  Pleadings,  forms  and  rules  of. 

SEC.  198.  All  the  forms  of  pleadings  in  criminal  actions  and  the  rules 
by  which  the  sufficiency  of  the  pleadings  is  to  be  determined  shall  be  those 
which  are  prescribed  by  this  act. 

Kerr,  Pen.  C.,94S. 

The  legislature  has  absolute  power  over  indictment  as  it  sees  fit,  except  in  those 
the  subject  of  criminal  proceedings,  and  particulars  where  its  power  is  restrained  by 
mav  prescribe  such  forms  of  proceedings  and  some  clause  in  the  state  or  national  consti- 
tution. State  v.  Millain,  3  Nev.  410,  462. 

7049.  Indictment,  first  pleading. 

SEC.  199.     The  first  pleading  on  the  part  of  the  state  is  the  indictment. 

Kerr,  IVn.  C.,949. 


Sec.  7050 


CRIMINAL  PRACTICE 


1980 


7050.    Indictment,  to  contain  what. 

SEC.  200.  The  indictment  must  contain  the  title  of  the  action,  specify- 
ing the  name  of  the  court  to  which  the  indictment  is  presented  and  the 
names  of  the  parties,  and  a  statement  of  the  acts  constituting  the  offense,  in 
ordinary  and  concise  language  and  in  such  manner  as  to  enable  a  person  of 
common  understanding  to  know  what  is  intended. 

Kerr,Pen.  C.,950. 


It  cannot  be  said  that  an  indictment 
which  charges  "an  assault  with  a  deadly 
weapon  with  intent  to  kill,"  does  not  charge 
the  statutory  offense  of  "an  assault  with 
intent  to  kill,"  merely  because  it  describes 
the  means  or  instrument  of  the  assault. 
State  v.  Rigg,  10  Nev.  284,  288. 


Cited,  State  v.  Salge,  2  Nev.  323;  State 
v.  Ah  Chew,  16  Nev.  54. 

In  an  indictment  against  a  county  treas- 
urer for  embezzlement,  it  is  sufficient  to 
allege  and  prove  the  felonious  conversion  to 
his  own  use  of  any  money  that  came  into 
his  possession  or  was  under  his  control  by 


It  is  not  necessary  to  include  in  an  indict-       virtue  of  his  office,  without  specifying  with 

certainty     the     particular     kind     of     funds 
embezzled,  or  the  particular  time  when  the 
money  was   receiA^ed.     State   v.   Carrick,    16 
of  the  acts  constituting  the  offense  is  sum"-       Nev.  *120,  124. 
cient.     Idem.  Cited,  State  v.  Charlie  Hing,  16  Nev.  80S; 

It  is  not  necessary  in  charging  an  assault       State  v.  McKiernan,  17  Nev.  227  (30  P.  831). 


ment  a  formal  statement  of  the  crime  of 
which  the  defendant  is  accused  according 
to  the  statutory  designation;  a  statement 


to  allege  a  present  ability  to  kill  or  inflict 
injury.  Idem. 

As  a  general  rule  the  question  whether  a 
particular  weapon  is  deadly  or  not  is  one 
of  law  for  the  court  and  not  of  fact  for  the 
jury.  Idem. 

An  indictment  which  specifically  accuses 
the  defendant  "of  the  crime  of  murder" 
instead  of  using  the  general  words  "of  a 


An  indictment  for  an  overt  attempt  to 
escape  from  state  prison,  which  alleges  that 
the  prisoner,  while  lawfully  confined  in  the 
state  prison  under  the  judgment  of  a  com- 
petent court  for  the  crime  of  burglary,  did 
make  an  overt  attempt  to  escape  therefrom, 
and  did  unlawfully,  forcibly  and  feloni- 
ously break  out  of  the  cell  in  said  prison  in 
which  he  was  confined  and  out  of  the  build- 


felony"  is  unobjectionable.     State  v.  Harris,       ing  in  which  said  cell  was  and  is,  contains 


12  Nev.  414,  418. 

The  words  "contrary  to  the  form  of  the 
statute"  are*  not  essential  in  an  indictment 
for  murder,  which  is  a  common-law  offense. 
Idem. 

Cited,  Ex  Patfe  Curnow,  21  Nev.  41  (24 
P.  430). 

The  crime  must  be  directly  and  positively 


a  sufficient  statement  -of  facts  to  show  the 
commission  of  the  crime  charged.  State  v. 
Angelo,  18  Nev.  425,  426  (4  P.  1080). 

Where  an  indictment  for  burglary  charged 
that  defendant  broke  into  a  certain  room 
occupied  by  a  certain  company  in  a  particu- 
lar building,  it  was  not  necessary  to  allege 
the  ownership  of  the  building,  since  the 


charged     and     not     argumentatively.     State       allegation    that    the    defendant    entered    the 


room  occupied  by  the  prosecutor  sufficiently 
laid  the  ownership  of  the  premises  entered 
in  the  company.  State  v.  Simas,  25  Nev. 
432,  443  (62  P.  242). 

A  defective  description  of  the  grand  jury 
in  the  body  of  the  indictment  may  be  cured 
by  the  title  and  preamble.  State  v.  Buralli, 


v.  Logan,  1  Nev.  110,  113-115. 

The  want  of  a  direct  allegation  of  any- 
thing material  to  the  description  of  the 
subject,  nature  or  manner  of  the  offense 
cannot  be  supplied  by  any  intendment,  or 
implication  whatever.  Idem. 

An  indictment  should  charge  a  statutory 

offense  in  the  words  of  the  statute  creating       27  Nev.  41,  48  (71  P.  532). 
it  or  words  of  similar  import.     Idem. 

7051.    Indictment,  form  of,  signed  by  district  attorney. 

SEC.  201.    The  indictment  may  be  substantially  in  the  following  form : 

State  of  Nevada,  County  of The  State  of  Nevada,  plaintiff, 

against  A.  B.,  defendant  (or  John  Doe,  whose  real  name  is  unknown). 
Defendant  A.  B.,  above  named,  is  accused  by  the  grand  jury  of  the  county 

of ,  of  a  felony  (or  of  the  crime  of  murder  or  other  name  of 

crime),  committed  as  follows:  The  said  A.  B.,  on  the day  of , 

A.  D.  19....,  or  thereabouts,  at  the  county  of ,  State  of  Nevada, 

without  authority  of  law  and  with  malice  aforethought,  killed  Richard  Roe, 
by  shooting  with  a  pistol  (or  with  a  gun  or  other  weapon,  according  to  the 
facts)." 

If  the  offense  be  an  assault  with  an  intent  to  commit  murder,  the  state- 
ment may  be  as  follows:  "The  said  A.  B.,  on  the day  of , 

A.  D.  19....,  in  the  county  of...  ....,  without  authority  of  law,  and  with 


1981 


CRIMINAL  PRACTICE 


Sir.  7051 


is  charged  is  not  a  fatal  defect.  To  say 
a  weapon  is  not  drawn  in  self-defense  is  a 
broader  and  stronger  expression  than  to  say 
it  i-  not  done  in  necessary  self-defense. 
The  latter  is  included  within  the  former 
expression.  Idem. 

It  is  not  necessary  to  use  the  exact  -\\ords 
of  the  statute  in  defining  a  statutory  offense. 
Words  of  similar  import  will  sutlice.  Idem. 

The  short  form  of  indictment  used  in  this 
Case  held  to  conform  to  the  requirements 
of  the  statute.  State  v.  Millain,  3  Nev.  4-0!>, 


malice  aforethought,  did  shoot  the  said  Richard  Roe  with  a  pistol  with  the 
intention  of  killing  him." 

If  the  offense  be  a  misdemeanor,  it  may  be  designated  by  the  name  or 
style  by  which  the  offense  is  usually  defined  or  known,  or  simply  as  a  misde- 
meanor, and  the  facts  constituting  the  offense  may  be  stated  in  a  manner 
similar  to  the  examples  above  stated.  The  indictment  must  be  signed  by 
the  district  attorney. 

Kerr,  IVn.  C.,951. 

"The  said  Paul  Lovelace  did  in  the  night- 
time  of  tln»  llth  day  of  May,  1904,  or  in 
the  night-time  of  some  dav  thereabouts  to 
the  said  llrli  day  of  May,  1904,"  etc.,  would 
suiliciently  comply  with  tin-  statute  to  con- 
stitute the  charge  of  burglary.  The  authori- 
ties show  that  courts  should  give  a  liberal 
interpretation  <>f  indictments  to  uphold  the 
same  rather  than  a  rigid  interpretation. 
State  v.  Lovelace,  29  Nev.  43,  46  (83  P.  330). 

That  the  mere  grammatical, punctuational, 
rhetorical  or  linguistic  error  does  not  always 
vitiate,  is  fully  sustained  by  decisions  of 
courts  and  text-writers.  Idem. 

When  tpiestioned  for  the  first  time  on 
appeal,  an  indictment  will  lie  held  suMicient 
unless  it  is  so  defective  that  by  no  con- 
struction within  the  reasonable  limits  of  the 
language  used  can  it  be  said  to  charge  the 
offense  for  which  defendant  was  convicted. 
State  v.  Ilu-hes,  31  Nev.  270,  273(102  P. 
562), 

The  phrase  "in  pursuance  of"  means  in 
accordance  with:  in  prosecution  or  fulfill- 
ment of":  and  an  indictment  alleging  that 
defendant  assaulted  prosecutor  with  a  deadly 
weapon,  and  "in  pursuance  of  >aid  assault" 
attempted  to  rob  him.  etc..  means  "in  ful- 
fillment of,"  rendering  the  indictment  sulli- 
cient  to  charge  an  assault  with  intent  to 
rok  Idem. 

In    an    indictment    alleging    that    defend 
ant   a-saulted  the  prosecutor  and  attempted 
to    feloniously    rob    him,    the    word    "feloni- 
ously"  means  "done  with   intent  to  commit" 
1  he  crime.       Idem. 

See  State  v.  Logan,  and  State  v.  Salge, 
under  sec.  L'OO  of  this  act. 

That  part  of  the  indictment  which  first 
charges  that  defendant  has  committed  a  cer- 
tain crime  is  merely  formal  and  if  the 
body  of  the  indictment  sufficiently  shows 
the'  offense  charged,  and  the  facts  con- 
stituting the  offense,  it  will  be  held  good, 
notwithstanding  any  defects  in  the  first 
clause.  State  v.  Anderson,  3  Nev.  254,  256, 
258. 

The  first  clause  in  the  indictment  may 
charge  that  the  defendant  has  committed  a 
certain  crime  (giving  its  technical  name,  if 
it  has  one)  or  it  may  simply  charge  that 
he  has  committed  a  felony,  or  has  com- 
mitted a  misdemeanor,  as  the  case  may  be. 

It  is  not  indispensable  in  this  clause  to 
jjive  the  name  or  description  of  the  offense 
charged,  nor  when  the  name  and  description 
U  ^iven  is  it  necessary  to  say  whether  it  is 
a  felony  or  a  misdemeanor.  Idem. 

The  omission  of  the  word  "necessary"  from 
the  body  of  the  indictment  where  the  offense 

125 


A  clause  in  the  constitution  of  the  United 
States  isec.  1  7.~>,  ante)  does  not  restrict  the 
state  legislature  in  prescribing  the  form  of 
tli<'  indictment.  It  only  requires  that  a 
grand  jury  should  in  some  form  express  its 
approval  of,  the  prosecution  before  a  party 
can  be  put  on  trial  for  such  offense.  Idem. 

Any  indictment  which  is  good  to  suslain 
the  simple  charge  of  murder  is  equally  good 
i  •  -ustain  a  conviction  of  a  higher  crime  of 
murder  in  the  first  degree,  Idem. 

The  form  of  indictment  given  in  Stats. 
:s''>7.  iL'b',  is  insufficient  in  so  far  as  it  omits 
the  venue.  State  v.  Chamberlain,  (5  \e\  . 
260, 

An  allegation  of  the  county  wherein  a 
crime  was  committed  is  as  material  in  an 
indictment  as  any  fact  constituting  the  body 
i.f  the  offense.  Idem. 

The  section  of  the  criminal  statute  giving 
the  form  of  an  indictment  and  omitting  the 
venue  therefrom  is  controlled  by  the  next. 
section,  which  requires  a  statement  of  all 
essential  facts.  Idem. 

An  indictment  which  omits  to  state  the 
venue  cannot  be  amended  in  that  respect. 
Idem. 

The  power  of  the  legislature  to  mold  and 
fashion  the  form  of  an  indictment  is  plen- 
ary; its  substance,  however,  cannot  be  dis- 
pensed with.  State  v.  O'Flaherty,  7  Nev. 
]53. 

A  defendant  in  a  criminal  action  is 
entitled  to  have  the  essential  and  material 
facts  charged  against  him  found  by  a  grand 
jury.  Idem. 

Where  an  indictment  charged  that  on  a 
certain  day  defendant,  without  authority 
of  law  and  with  malice  aforethought  did 
shoot  at  one  N.  with  a  pistol  loaded  with 
powder  and  leaden  bullets  with  intent  to 
kill  him,  etc.,  it  was  held  that  the  technical 
word  "assault"  should  have  been  employed 
and  an  intent  to  murder  stated,  but  the 
statutory  form  of  indictment  having  been 
followed  and  no  objection  before  judgment 


Sec.  7052 


CRIMINAL  PRACTICE 


1982 


made,  the  indictment  should  be  held  suffi- 
cient. Idem. 

The  words  "shoot  at"  in  an  indictment 
imply  that  the  person  shot  at  was  within 
range  and  distance;  and  where  such  "shoot- 
ing at''  a  person  with  loaded  pistol  with 
intent  to  kill  him  is  charged,  it  is  permissi- 
ble and  necessary  to  prove  the  preparation 
and  efficiency  of  the  weapon,  and  other  cir- 
cumstances evidencing  the  ability  of  defend- 
ant. Idem. 

An  allegation  in  an  indictment  that  a 
shooting  at  another  person  with  a  loaded 
pistol  was  "without  authority  of  law  and 
with  malice  aforethought,  and  with  intent 
to  kill  him,"  is  sufficient  as  an  allegation  of 
an  intent  to  murder.  Idem. 

Cited,  State  v.  Silver,  9  Nev.  228. 

An  indictment  is  not  insufficient  on 
account  of  containing  more  than  the  statute 
demands,  if  there  be  nothing  in  it  to  perplex 
a  person  of  ordinary  understanding  or  injure 
the  defendant.  State  v.  Pierce,  8  Nev.  291. 

An  indictment  for  murder  which  fails  to 
show  that  the  death  occurred  within  a  year 
and  a  day  after  the  perpetration  of  the  act 
which  produced  it  fails  to  state  the  requisite 
facts  to  constitute  a  complete  offense.  State 
v.  Huff,  11  Nev.  17,  29. 

The  indictment  charges:  "That  on  the 
23d  day  of  February,  1876,  or  thereabouts, 
iii  the  county  of  Storey,  without  authority 
of  law,  and  with  malice  aforethought,  with 
a  deadly  weapon,  to  wit,  a  knife,  the  said 
().,  then  and  there  being  armed,  did,  with- 
out authority  of  law  and  wTith  malice  afore- 
thought, make  an  assault  in  and  upon  one 
W.,  with  intent  to  kill  him,  the  said  W.," 
etc.  It  was  held  that  the  time  when  the 
offense  was  committed  is  alleged  with  suffi- 
cient certainty.  State  v.  O'Connor,  11  Nev. 
416,  421. 

The  words  "and  before  the  finding  of  this 
indictment,"  after  the  date  alleged,  though 
proper,  need  not  necessarily  be  inserted  in 
an  indictment.  Idem. 

The  indictment  clearly  charges  an  assault 
with  a  knife — a  deadly  weapon,  with  intent 
to  kill.  Idem. 

An  indictment  for  murder,  charging  that 


defendant  killed  the  deceased  "by  then  and 
there  shooting  him,"  is  sufficient,  without 
stating  the  character  of  the  weapon  used 
in  the  commission  of  the  offense.  State  v. 
McLane,  15  Nev.  345,  352. 

See  State  v.  Carrick,  under  sec.  200  of  this 
act. 

The  sufficiency  of  an  indictment  must  be 
determined  with  reference  to  the  crime 
charged,  and  if  the  indictment  is  good  for 
the  crime  of  "an  assault  with  intent  to  kill" 
it  is  sufficient  to  sustain  a  conviction  of 
"an  assault  with  a  deadly  weapon  with 
intent  to  inflict  bodily  injury."  The  graver 
charge  includes  the  less.  State  v.  Collyer, 
17  Nev.  275,  286  (30  P.  891). 

In  an  indictment  for  assault  with  intent 
to  kill,  it  is  not  necessary  to  allege  in  direct 
terms  that  the  instrument  used  was  a  deadly 
weapon.  Idem. 

The  means  of  affecting  the  criminal  intent, 
or  the  circumstances  evincing  the  design 
with  which  the  assault  was  made,  are  mat- 
ters of  evidence  and  need  not  be  set  forth  in 
the  indictment.  Idem. 

When  there  is  any  doubt  as  to  whether  the 
instrument  used  in  committing  the  assault 
was  a  deadly  weapon,  it  is  a  question  for 
the  court  and  jury  to  decide.  Idem. 

See  State  v.  Carrick,  State  v.  Bigg,  and 
Slate  v.  Simas,  under  sec.  200  of  this  act. 

Cited  Ex  Parte  Curnow,  21  Nev.  41  (24  P. 
430). 

Courts  should  give  a  liberal  interpretation 
to  indictments  to  uphold  the  same,  rather 
than  a  rigid  interpretation.  State  v.  Love- 
lace, 29  Nev.  43,  48  (83  P.  330). 

An  indictment  charging  that  accused  felo- 
niously and  with  malice  aforethought  killed 
a  human  being  by  striking,  cutting  and 
stabbing,  by  means  of  which  he  died,  being 
in  substantial  conformity  to  the  form  pre- 
scribed by  this  section,  is  not  open  to  the 
objection  that  it  does  not  charge  accused 
with  murder,  or  aver  that  the  acts  were 
done  with  intent  to  kill.  State  v.  Johnny, 
29  Nev.  203,  216  (87  P.  3). 

Indictment  held  sufficient  under  this  sec- 
tion. State  v.  Luhano,  31  Nev.  278,  279 
(102  P.  260). 


7052.    Indictment,  must  be  direct,  to  contain  what. 

SEC.  202.     The  indictment  must  be  direct  and  contain,  as  it  regards : 

1.  The  parties  charged; 

2.  The  offense  charged ; 

3.  The  particular  facts  of  the  offense  charged  so  far  as  necessary  to 
constitute  a  complete  offense,  but  the  evidence  tending  to  prove  the  charge 
need  not  be  stated. 

It  shall  not  be  necessary  to  set  forth  in  the  indictment  the  character  of 
the  weapon  used,  nor  that  any  weapon  was  used  in  the  commission  of  the 
offense,  unless  the  using  of  such  weapon  is  a  necessary  ingredient  in  the 
commission  of  the  offense. 

Kerr,  Pen.  C.,952. 

See  State  v.  Anderson  under  sec.  201  of  In  order  to  sustain  a  conviction  of  mur- 

this  act.  der  in  the  first  degree,  it  is  not  essential 

Cited,  State  v.  Millain,  3  Nev.  436,  437;  that  the  indictment  should  state  the  words 

State  v.  Derst,  10  Nev.  445.  "wilfully,  deliberately  and  premeditatedly," 


1983  CRIMINAL  PRACTICE  Sec.  7057 

in    addition    to    the    words    "unlawfully    and  stating  the  character  of  the  weapon  used  in 

with       malice       aforethought."       State       v.  the    commission    of    the    offense.     State    v. 

Thompson,    12   Nev.    140.    14."..  .Me  Lane.    1 .'.    Xev.  352,  354. 

<  >n    indietment   for   murder    charging   that  Cited,  State  v.   Luhano,  31   Nev.  278,   279 

defendant    killed    deceased    "by    then    and  (102  P.  260);  State  v.  Quinn,  16  Nev.  90, 
tliere    shooting    him''    is    sufficient,    without 

7058.     Indictment,  when  defendant's  name  is  fictitious  or  erroneous. 

SEC.  203.  When  a  defendant  is  indicted  by  a  fictitious  or  erroneous 
name,  and  in  any  stage  of  the  proceedings  his  true  name  is  discovered,  it 
shall  be  inserted  in  the  subsequent  proceedings  and  reference  shall  be 
made  to  the  fact  of  his  being  indicted  by  the  name  mentioned  in  the 
indictment. 

Kerr.  Pen.  C.,953. 

7054.  Indictment,  to  charge  only  one  offense. 

SEC.  204.  The  indictment  shall  charge  but  one  offense,  but  it  may  set 
forth  that  offense  in  different  forms  under  different  counts. 

Kerr.  Pen.  ('..  '.)•">». 

Sec  sees.  7n«.»7.  7  Id-".. 

Where    indictment     for    robbery   contained  tion     of     property.      It     was'   held    that    the 

two   counts,   the   only   difference  being  that  indictment  charged  but  one  offense.     Idem. 

on.-   charged  the  property  taken  as  that  of  An   indictment   for   burglary   with    intent 

Wells,  Far" (i  \  <'(»..  and  the  other  as  that  of  to   steal   certain  goods,  which  after  stating 

their    messenger    in    custody    thereof    at    the  the   burglary    uoes   on  to  allege  the  stealing 

time,   it   was  held   a uthori/.ed   under  this  sec-  of  the  goocfo,   is  not  objectionable  as  charg- 

tion    and    not    amenable  to  the   objection   of  ing  two  separate  and  distinct  offenses.  State 

charging    more    than    one    offense.     State    v.  v.  Ah  Sam,  7  Nev.  127. 

Chapman,  6  Nev.  320,  325.  An  objection  to  an  indictment  that  charges, 

If    an    offense    is    set    forth    in    different  more  than   one   offense   should  be  taken  by 

counts,  it   must  be  done  in  such  a  way  as  to  special  demurrer.     State  v.  Johnson,  9  Nev. 

show   clearly    upon    the   face   of   the   indict-  175. 

ment   that   the  matters  and  things  set  forth  An    indictment    charging    defendant    with 

in  The  different  counts  are  descriptive  of  one  stealing     and     driving     away     particularly 

and   the  same   transaction.     State  v.  Malim,  described    cattle    of    four    different    owners, 

14  Nev.  :>*.  290.  charges  hut  one  larceny,  and  is  not  duplici- 

An     indictment     for     embezzlement     con-  tous  so  as  to  require  the  state  to  elect  on 

rained   two  counts,  each  identical  as  to  the  which  count  it  stands.     State  v.  Douglas,  26 

time,    place,    names   of  persons  and   descrip-  Nev.  202  (99  A.  S.  688,  65  P.  802). 

7055.  Indictment,  time,  how  stated  in. 

SEC.  205.  The  precise  time  at  which  an  offense  was  committed  need  not 
be  stated  in  the  indictment,  but  it  may  be  alleged  to  have  been  committed 
at  any  time  before  the  finding  of  the  same,  except  when  the  time  is  a 
material  ingredient  of  the  offense. 

Kerr,  Pen.  C.,9.V>. 

An  indictment  for  murder  which  fails  to  When  it  is  alleged  that  the  defendant,  on 

show  that  the  death  occurred  within  a  year  a    certain    day   and   year,   etc.,    "killed"   the 

and  a  day  after  the  perpetration  of  the  act  deceased,   it   is   to   be   implied   that   the   act 

which   produced  it,  fails  to  state  the  requi-  which    produced    the    death    and    the    death 

site   facts  to  constitute   a   complete  offense.  occurred  on  the  same  day.     Idem. 

State  v.  Huff,  11  Nev.  17,  20.        •  See  State  v.  O'Connor,  under  sec.  201   of 

this  act. 

7056.  Indictment,  error  in  describing  person  injured,  effect. 

SEC.  206.  When  an  offense  involves  the  commission  of,  or  an  attempt  to 
commit  private  injury,  and  is  described  with  sufficient  certainty  in  other 
respects  to  identify  the  act,  an  erroneous  allegation  as  to  the  person 
injured,  or  intended  to  be  injured,  shall  not  be  deemed  to  be  material. 

Kerr,  Pen.  C.,956. 

Above  section  given  in  instructions  and  held  proper  under  circumstances  calling  for 
instruction  upon  the  point.  State  v.  Cleavland,  6  Nev.  181,  185. 

7057.  Indictment,  construction  of  words  used. 

SEC.  207.     The  words  used  in  an  indictment  shall  be  construed  in  the 


See.  7058  CRIMINAL  PRACTICE  1984 

usual  acceptance  in  common  language,  except  such  words  and  phrases  as 
are  defined  by  law,  and  these  shall  be  construed  according  to  their  legal 
meaning. 

Kerr,  Pen.  C.,957. 

Where  it  was   objected  to   an   indictment  The    words    "silver-bearing    ore/'    as    used 

for  grand  larceny  of  certain  "silver-bearing  in  an  indictment  charging  grand  larceny  of 

ore"  that  the  property  alleged  to  have  been  it,  means  a  portion  of  the  vein  matter,  which 

stolen    savored    of    the    realty,    it    was    held  has  been  extracted  and  separated  from  the 

that  as  "ore"  in  its  usual  acceptation  meant  mass   of  waste  rock   and  earth   and  implies 

something    severed    from    the    realty,    there  severance  from  the  freehold.     Idem, 

was   a    sufficient   statement   of   facts   in    the  Cited,    State    v.    O'Connor,    11    Nev.    421; 

indictment  showing  it  to  be  personal  prop-  State  v.  Lovelace,  29  Nev.  46,  47  (83  P.  330) ; 

erty.     State  v.  Berryman,  8  Nev.  262,  270.  State  v.  Hughes,  31  Nev.  273  (102  P.  502). 

7058.  Indictment— Words  of  statute  need  not  be  strictly  followed. 

SEC.  208.  Words  used  in  a  statute  to  define  a  public  offense  need  not  be 
strictly  pursued  in  the  indictment,  but  other  words  conveying  the  same 
meaning  may  be  used. 

Kerr,  Pen.  C.,958. 

See  State  v.  Anderson,  under  sec.  201   of  offense  in  the  words  of  the  statute  creating 

this  act.  it,  or  in  words  of  a  similar  import.     People 

An  indictment  should  charge  a   statutory  v.  Logan,  1  Nev.  110. 

7059.  Indictment,  when  sufficient. 

SEC.  209.  The  indictment  shall  be  sufficient  if  it  can  be  understood 
therefrom : 

1.  That  it  is  entitled  in  a  court  having  authority  to  receive  it,  though  the 
name  of  the  court  be  not  accurately  set  forth. 

2.  That  it  was  found  by  a  grand  jury  of  the  district  in  which  the  court 
was  held. 

3.  That  the  defendant  is  named;    or  if  his  name  cannot  be  discovered, 
that  he  be  described  by  a  fictitious  name,  with  a  statement  that  he  has 
refused  to  discover  his  real  name. 

4.  That  the  offense  was  committed  at  some  place  within  the  jurisdiction 
of  the  court. 

5.  That  the  offense  was  committed  at  some  time  prior  to  the  finding  of 
the  indictment. 

6.  That  the  act  or  omission  charged  as  the  offense  is  clearly  and  dis- 
tinctly set  forth  in  ordinary  and  concise  language,  without  repetition,  and 
in  such  a  manner  as  to  enable  a  person  of  common  understanding  to  know 
what  is  intended. 

7.  That  the  act  or  omission  charged  as  the  offense  is  stated  with  such  a 
degree  of  certainty  as  to  enable  the  court  to  pronounce  judgment  upon  a 
conviction  according  to  the  right  of  the  case. 

Kerr,  Pen.  C.,959. 

Sufficiency  of  indictment.     State  v.   Trol-  court.     Moore    v.    Orr,    30    Nev.    458  (9S    P. 

son,  21   Nev.  419  (32  P.  930);  In  re  Water-  398). 

man,  29   Nev.   288,   11  L.  E.   A.  (N.   S.)  424,  Indictment     held     to     sufficiently     charge 

89  P.  291.  death   within   a   year   and   a    day.     State   v. 

Rape — Constructive  force.     State  v.  Lung,  Williams,  31  Nev.  360  (102  P.  974). 
21  Nev.  209  (37  A.  S.  505,  29  P.  235).  Upon  indictment  for  offense  committed  by 

Indictment — Selling     liquor     to      Indian.  one  Indian  against  another,  it  is  not  neces- 

State  v.  Murphy,  23  Nev.  491  (48  P.  628).  sary  to  charge  or  for  the  state  to  prove  that 

In  an  indictment  alleging  that  defendant  the  offense  was  committed  off  a  reservation, 

assaulted   the   prosecutor   and   attempted   to  since  it  is  not  necessary  that  a  state  prosecu 

feloniously  rob  him,  the  word  "feloniously"  tion  negative  the  federal  jurisdiction  nor  for 

means    "done    with    intent    to    commit"    the  the  state  to  prove  more  than  that  the  offense 

crime.     State   v.   Hughes,   31    Nev.    270  (102  was  committed  within  the  county.     State  v. 

P.  562);  State  v.  Clark,  32  Nev.  145  (104  P.  Buckaroo  Jack,  30  Nev.  325  (96  P.  497). 
593).  Appeal — Question  first  raised  on  appeal — 

An  indictment  for  a  misdemeanor  within  Sufficiency  of  indictment — Eule  of  construe - 

the  jurisdiction  of  a  justice  court  was  held  tion.     State  v.  Hughes,  31  Nev.  270  (102  P. 

void  for  want  of  jurisdiction  of  the  district  562). 


1985 


CRIMINAL  PRACTICE 


Sec.  7059 


Indictment  —  Robbery  —  Sufficiency       of. 

v.  Luhano,  31  Nev.  278  (102  P.  260). 
Tinier    indictment    for    murder,    defendant 
cannot  be  convicted  of  rape.    Ex  Parte  Dela, 
25  Nev.  :U6  (83  A.  S.  603,  60  P.  217). 
<   it ed.  State  v.  Anderson,  :'.  Xev.  257. 
\Vliere  an  indictment  for  burglary  charged 
that  defendants  entered  into  a  certain  room 
occupied  by  a  certain  company  as  a  store,  it 
U  imt   necessary  to  allege  that  the  company 
ither   a    corporation,   an    association,    or 
a    copartnership.     State    v.    Simas,    25    Nev. 

12   I'.  242). 

An  indictment  charging  defendant  with 
st.-aling  and  driving  away  particularly 
<1<  -rribed  cattle  of  four  different  owners  is. 
sufficient  under  this  section.  State  v."  Doug- 
las. 2ii  N.-v.  !!»»;,  i'ii:;t!t!i  A.  S.  688,  65  P. 

I'lider  a  statute  creating  Lyon  County 
where  the  wolds  "Lyon  County"  are  used  in 
the  title,  preamble  and  indorsement  of  an 
indictment,  and  in  the  charging  part  the 
defendant  is  accused  \>y  the  grand  jury  of 
the  "County  of  Lyon,"  and  the  offense  is 
alleged  to  have  been  committed  at  the  town 
of  havton  in  the  "Countv  (lt'  Lvon,"  held 
sufficient,  state  \.  Buralli,  -27  Xev.  41,  48 
!-.  r>32). 

If  such  an  indictment  were  deficient  at 
common  law,  it  would  be  good  under  the 
md  liberal  provisions  of  our  criminal 
practice  act.  Idem. 

A  defective  description  of  the  Lirand  jury 
in  the  body  of  the  indictment  may  be  cured 
by  the  title  and  preamble.  Idem. 

Sufficiency  of  indictment — Assault  with 
intent  to  murder-  --Leg islat  i  ve  power  over 
form  of  indictment  plenary.  State  v.O'Flah- 
eity.  7  Xev.  153;  State  v.  Millain,  3  Nev. 

Murder.    An  indictment   for  murder,  drawn 
in   the  approved  form  of  the  common   law: 
,  sufficient. 


Held 

98. 


State  v.  Raymond,  11  Nev. 


Murder  —  Deficiency.  If  not  specially 
demurred  to,  cured  by  verdict.  State  v.  Har- 
rington, !»  Xev.  !»1 . 

Different  degrees  of  murder  need  not  be 
charged — Legislative  power.  State  v.  Mil- 
lain,  3  Nev.  409. 

Murder.  Use  of  words  "malice  afore- 
thought'' tantamount  to  averment  that  the 
act  was  "wilful,  deliberate  and  premedi- 
tated." State  v.  Hing,  16  Nev.  307;  State 
v.  Thompson,  12  Nev.  140;  State  v.  Crozier, 
12  Xev.  300;  State  v.  Huff,  12  Nev.  140. 

In  charging  murder.  An  indictment  which 
specifically  accuses  the  defendant  "of  the 
crime  of  murder,"  instead  of  using  the  gen- 
eral words  "of  a  felony,"  is  unobjectionable. 
state  v.  Harris,  12  Nev.  414. 

"Contrary  to  the  form  of  the  statute." 
The  words  "contrary  to  the  form  of  the 
statute,"  etc.,  are  not  essential  in  an  indict- 
ment for  murder,  which  is  a  common-law 
offense.  Idem. 

Murder — Character  of  weapon  used  need 
not  be  stated.  State  v.  McLane,  15  Nev. 
345. 

Murder — When  defective.     An  indictment 


for  murder  which  fails  to  show  that  death 
occurred  within  a  year  and  a  day  after  the 
perpel  rat  ion  of  the  act  which  produced  it, 
fails  to  state  the  requisite  facts  to  consti- 
tute a  complete  offense.  State  v.  Huff,  11 
Xev.  17. 

Murder.  Allegation  of  shooting  without 
allegation  of  death  of  victim:  Held,  suffi- 
cient. State  v.  Anderson,  4  Xev.  iM>.~>. 

'Assault   with   intent  to   kill"   sufficient  to 
sustain    conviction    for    "an    assault    with    a 
dcadlv    weapon."     State  v.   Collyer,  17   Nev. 
D  1'.  sj>i). 

That  weapon  was  deadly  need  not  be 
aveired.  Idem. 

Indictment  for  homicide.  Verdict  of 
"assault  \\ith  intent  to  kill"  sustained.  Ex 
1'arte  Curnow,  21  Nev.  .",3  (24  P.  430). 

Assault  with  intent  to  kill.  It  is  not 
necessary  in  charging  an  assault  to  allege  a 
piesont  abilitv  to  kill  or  inflict  injury.  State 
v.  Higg.  10  Xev.  I'M. 

Statement  of  crime.  Statutory  designa- 
tion not  necessary.  Idem. 

i  ult  with  intent  to  murder — Charging 
the  intent — Battery  or  injury  not  necessary 
to  constitute.  State  v.  Roderigas,  7  Nev. 
:'.2s. 

Robbery  Property  taken  not  property  of 
prosecuting  witness — Charge  held  sufficient. 
state  v.  Ah  Loi,  r,  Nev.  99. 

Robbery — Ownership  of  property.  The 
essential  averment  is  that  the  property  did 
not  belong;  to  the  defendant:  State  v.  Nel- 
son, 1  1  NYv.  334. 

Crand  larceny.  Acts  done  must  be  set 
out.  State  v.  Brannan,  3  Nev.  2:!,x. 

Crand  larceny  of  ore — Larceny  of  articles 
severed  from  freehold.  State  v.  Berryman, 
s  Nev.  262,  270. 

I'orgery.  Precise  words  of  statute  need 
not  be  used.  State  v.  McKiernan,  17  Nev. 
224  (30  P.  831). 

Attempt  to  escape  from  prison.  State  v. 
Angelo,  is  Xev.  425  (4  P.  1080). 

Embezzlement.  Particular  kind  of  funds, 
(tv  particular  time  when  received,  need  not 
be  stated.  State  v.  Carrick,  16  Nev.  120. 

Embezzlement.  Allegation  of  "wilfully, 
feloniously,  or  with  intent  to  steal"  not 
necessarv.'  State  v.  Trolson,  21  Nev.  419 
(32  P.  930). 

Selling  opium — Statutory  offense — Nega- 
tive exceptions.  In  an  indictment  for  a 
statutory  offense,  it  is  only  necessary  to 
state  the  negative  to  an  exception  to  the 
statute,  when  the  exception  is  such  as  to 
render  the  negative  of  it  an  essential  part 
of  the  definition  or  description  of  the  offense 
charged.  State  v.  Ah  Chew,  16  Nev.  50  (40 
A.  I.'.  488). 

Idem.  It  is  the  nature  of  the  exception, 
and  not  its  locality,  that  determines  the 
question  whether  it  should  be  stated  in  the 
indictment  or  not.  Idem. 

Opium  act — Mode  of  using  not  essential. 
State  v.  On  Gee  How,  15  Nev.  184. 

Indictment.  Surplusage  in  •  indictment 
does  not  vitiate  when  otherwise  good.  State 
v.  La  wry,  4  Nev.  161;  State  v.  Harkin,  7 
Nev.  377;  State  v.  Pierce,  8  Nev.  291. 


Sec.  7060  CRIMINAL  PRACTICE  1986 

Indictment    for     embezzlement.     A    clerk  and    the    word    "attempt"    implies    both    an 

may  commit  more  than  one  embezzlement  of  intent    and    an    endeavor    to    accomplish    it. 

his  employer's  money,  and  if  he  does  he  may  State  v.  Clark,  22  Nev.  145  (104  P.  593). 

be    separately    indicted    for    each    separate  See  State  v.  Salge,   and  State   v.   Harris, 

oft'ense.     State  v.  Eicord,  11  Nev.  288.  under    sec.    200    of    this    act,    and    State    v. 

Indictment    for    robbery    held     sufficient.  Johnny,  under  sec.  201  of  this  act. 

State  v.  Luhano,  31  Nev.  278  (102  P.  260).  An  indictment  for  violation  of  the  statute 

Cited,  State  v.  Hughes,  31  Nev.  273  (102  making    it    an    offense   to    sell   liquor   to   an 

P.  562);   State  v.  Niblett,  31  Nev.  249  (102  Indian     within     the     state,     averring     that 

P.  229);  State  v.  Malim,  14  Nev.  292;  State  "defendant    in    the    town    of    Tonopah,    Nye 

v.  Simas,  25  Nev.  444  (62  P.  242) ;   State  v.  County,  Nevada,"  sold  liquor  to  an  Indian, 

Lovelace,  29  Nev.  47  (83  P.  330).  is   sufficient   without   specific   averment  that 

The    indictment    sufficiently    alleged    that  the    Indian    was    at    the    time    within    the 

the    acts    complained    of    were    done    with  state;  'this   section   warranting   the   reading 

intent  to  escape,  as  the  word  "feloniously"  of  the  quoted  words  to  apply  to  the  entire 

means  "done  with  intent  to  commit  a  crime,"  transaction  constituting  or  necessary  to  con- 

and  with  a  design  on  the  part  of  the  accused  stitute    the    offense.     State    v.    Niblett,    31 

to  commit  the  felony  with  which  he  is  charged,  Nev.  246(102  P.  229). 

7060.  Indictment,  defect  in  form  not  material  when  not  prejudicial- 

Amendment. 

SEC.  210.  No  indictment  shall  be  deemed  insufficient,  nor  shall  the  trial, 
judgment,  or  other  proceeding  thereon  be  affected  by  reason  of  any  defect 
or  imperfection  in  matters  of  form  which  shall  not  tend  to  the  prejudice 
of  the  defendant ;  and  the  court  may,  on  application,  direct  the  indictment 
to  be  amended  to  supply  the  deficiency  or  omission  when,  by  such  amend- 
ments, the  nature  of  the  charge  shall  not  be  changed  and  the  defendant's 
defense  to  the  action  on  the  merits  will  not  be  prejudiced  thereby;  pro- 
vided, any  amendment  made  during  the  trial,  or  within  five  days  thereof, 
on  motion,  and  without  any  showing  therefor,  shall  entitle  the  defendant 
to  a  postponement  of  the  trial  until  the  next  term. 

Kerr,  Pen.  C.,960. 

See  sec.  74H9. 

See  State  v.  Harris,  under  sec.  200  of  this  Cited,  State  v.  Buralli,  29  Nev.  47  (71  P. 

act,  and  State  v.  Buralli,  under  sec.  209  of  532;  State  v.  Hughes,  31  Nev.  273,  278,  279 

thu?  act.  (102  P.  562). 

Cited,  State  v.  Millain,  3  Nev.  436;  State  Courts  will  take  judicial  notice  of  periods 

v.  Lovelace,  29  Nev.  43  (83  P.  330).  within  the  calendar.     State  v.  Williams,  31 

An   indictment   which    omits   to   state   the    r  Nev.  360,  364  (102  P.  974). 

value    cannot   be   amended   in   that    respect.  An    indictment    charging    that    a    mortal 

State  v.  Chamberlain,  6  Nev.  257.  wound   was  inflicted   on   a   date   about   four 

A   court   has   no   more  power   to   add   any  months  before  the  finding  of  the  indictment, 

material  charge,  accusation  or  allegation  to  and  that  deceased  died  from  it  in  the  mean- 

an  indictment  that  it  has  to  find  a  bill  in  time,  sufficiently  charges  that  death  occurred 

the  first  instance.     Idem.  within  a  year  and  a  day  after  the  infliction 

of  the  wound.     Idem. 

7061.  Indictment,  what  need  not  be  stated  therein. 

SEC.  211.  Neither  presumptions  of  law,  nor  mattters  of  which  judicial 
notice  is  taken,  need  be  stated  in  an  indictment. 

Kerr,  Pen.  C.,961. 

See  State  v.  Buralli,  under  sec.  207  of  this  act. 

7062.  Judgment,  how  pleaded. 

SEC.  212.  In  pleading  a  judgment  or  other  determination  of  or  proceed- 
ings before  a  court  or  officer  of  special  jurisdiction  the  facts  conferring 
jurisdiction  need  not  be  stated,  but  it  may  be  stated  that  the  judgment  or 
determination  was  duly  made  or  the  proceedings  duly  had  before  such  court 
or  officer.  The  facts  constituting  the  jurisdiction,  however,  must  be  estab- 
lished on  the  trial. 

Kerr,  Pen.  C.,962. 

7063.  Private  statute,  how  pleaded. 

SEC.  213.    In  pleading  a  private  statute,  or  a  right  derived  therefrom,  it 


1987  CRIMINAL  PRACTICE  Sec.  7068 

shall  be  sufficient  to  refer  to  the  statute  by  its  title  and  the  day  of  its  pas- 
sage, and  the  court  must  thereupon  take  judicial  notice  thereof. 

Kerr,  IVn.  r.,!Mtt. 

7064.  Indictment  for  libel,  requisites  of. 

SEC.  214.  An  indictment  for  libel  need  not  set  forth  any  intrinsic  facts 
for  the  purpose  of  showing  the  application  to  the  party  libeled  of  the 
defamatory  matter  on  which  the  indictment  is  founded,  but  it  shall  be  suf- 
ficient to  state  generally  that  the  same  was  published  concerning  him,  and 
the  fact  that  it  was  so  published  must  be  established  on  the  trial. 

Kerr,  Pen.  C./.KU. 

7065.  Indictment  for  forgery— Description  of  lost  instrument— Effect, 

SEC.  215.  When  an  instrument  which  is  the  subject  of  an  indictment  for 
forgery  has  been  destroyed  or  withheld  by  the  act  or  procurement  of  the 
defendant,  and  the  fact  of  such  destruction  or  withholding  is  alleged  in  the 
indictment  and  established  on  the  trial,  the  misdescription  of  the  instru- 
ment shall  be  deemed  immaterial. 

Ki-rr.  I'cu.  C.,  '.MM. 

7066.  IVrjiiry.wliat  sufficient. 

SEC.  216.  In  an  indictment  for  perjury,  or  subornation  of  perjury,  it 
shall  be  sufficient  to  set  forth  the  substance  of  the  controversy  or  matter  in 
respect  to  which  the  offense  was  committed,  and  in  what  court,  or  before 
whom,  the  oath  alleged  to  be  false  was  taken,  and  that  the  court  or  the  per- 
son before  whom  it  was  taken  had  authority  to  administer  the  same,  with 
proper  allegations  as  to  the  falsity  of  the  matter  of  which  the  perjury  is 
assigned;  but  the  indictment  need  not  set  forth  the  pleadings,  record  or 
proceedings  with  which  the  oath  is  connected,  or  the  commission  or  the 
authority  of  the  court  or  person  before  whom  the  perjury  was  committed. 

K.-rr.  Pen.  C.,966. 

7067.  Heading  in  indictment  for  obtaining  by  false  representation. 

SEC.  217.  In  every  complaint  or  indictment  for  obtaining  or  attempting 
to  obtain  any  chose  in  action,  money,  goods,  wares,  chattels,  effects  or  other 
valuable  thing,  by  false  representations  or  by  causing  or  procuring  others 
to  report  falsely  of  his  wealth  or  mercantile  character,  or  by  any  false  pre- 
tense whatsoever,  it  shall  be  a  sufficient  description  of  the  offense  to  charge 
that  the  accused  did,  at  a  certain  time  and  place,  unlawfully  obtain,  or 
attempt  to  obtain,  as  the  case  may  be,  from  A.  B.  his  money  or  property, 
describing  it  generally,  where  it  can  be  done,  by  means  and  by  use  of  a 
cheat,  or  fraud,  or  trick,  or  deception,  or  false  representation,  or  false  pre- 
tense, or  confidence  game,  or  false  and  bogus  check,  or  instrument,  or  coin, 
or  metal,  as  the  case  may  be,  with  intent  to  cheat  and  defraud  the  said  A.  B. 

Kerr,  Pen.  C.,%7. 

Venue — Insufficiency  of  allegation.     State  of    obtaining    property — Necessity.     In    re 

v.  Buralli,  27  Nev.  41  (71  P.  532).  Waterman,  29  Nev.  288,  11  L.  R.  A.  (N.  S.) 

False  pretenses — Indictment — Allegations  424,  89  P.  291. 

7068.  Pleading  in  indictment  for  larceny  or  embezzlement. 

SEC.  218.  In  an  indictment  for  the  larceny  or  embezzlement  of  money, 
bank  notes,  certificates  of  stock,  or  valuable  securities,  or  for  a  conspiracy 
to  cheat  or  defraud  a  person  of  any  such  property,  it  is  sufficient  to  allege 
the  larceny,  or  embezzlement,  or  the  conspiracy  to  cheat  and  defraud,  to  be 
of  money,  bank  notes,  certificates  of  stock,  or  valuable  securities,  without 
specifying  the  coin,  number,  denomination,  or  kind  thereof. 

Kerr,  Pen.  C.,967. 


See.  7069  CRIMINAL  PRACTICE  1988 

7069.  Pleading  in  indictment  for  selling  or  possessing  lewd  and  obscene 

books. 

SEC.  219.  An  indictment  for  exhibiting,  publishing,  passing,  selling,  or 
offering  to  sell,  or  having  in  possession,  with  such  intent,  any  lewd  or 
obscene  book,  pamphlet,  picture,  print,  card,  paper,  or  writing,  need  not  set 
forth  any  portion  of  the  language  used  or  figures  shown  upon  such  book, 
pamphlet,  picture,  print,  card,  paper  or  writing;  but  it  is  sufficient  to 
state  generally  the  fact  of  the  lewdness  or  obscenity  thereof. 

Kerr,  Pen.  C.,968. 

7070.  Indictment  against  several. 

SEC.  220.  Upon  an  indictment  against  several  defendants,  any  one  or 
more  may  be  convicted  or  acquitted. 

Kerr,  Pen.  C.,970. 

7071.  Distinction  between  principal  and  accessor}  abrogated. 

SEC.  221.  No  distinction  shall  exist  between  an  accessory  before  the  fact 
and  a  principal  in  the  first  and  second  degree  in  cases  of  felony;  and  all 
persons  concerned  in  the  commission  of  a  felony,  whether  they  directly 
commit  the  act  constituting  the  offense,  or  aid  and  abet  in  its  commission, 
though  not  present,  shall  hereafter  be  indicted,  tried  and  punished  as 
principals. 

Kerr,  Pent  C.,  971. 

See  sec.  6274. 

Under  sec.  252  of  the  act  of  1861,  462,  it  accessories  before  the  fact  that  the  prosecu- 

was  held,  one  may  be  principal  in  the  crime  tion   first  prove  the  guilt   of  the  principal; 

of    arson    who    does    not    himself    apply   the  it   is   only   necessary   in    such   case   to   show 

torch;   if  he  be  present  and  abetting,  he  is  that  a  crime  has  been  committed,  and  that 

a  principal.     State  v.  Squaires,  2  Nev.  227,  defendant,    if    present,    aided    and    assisted, 

234.  or  if  not  present,  advised  or  encouraged  it. 

An  accessory  before  the  fact  to  a  crime,  State  v.  Jones,  7  Nev.  409. 

though  not  present  and  in  fact  out  of  the  Where  several  confederates  act  in  pur- 
state  at  its  commission,  may  be  charged  in  suance  of  a  common  plan  in  a  commission  of 
an  indictment,  and  tried,  convicted  and  an  offense,  all  are  held  to  be  present  where 
sentenced  in  all  respects  as  a  principal.  the  crime  is  committed  and  all  are  princi- 
State  v.  Chapman,  6  Nev.  320,  321,  329-333.  pals.  State  v.  Laurie,  13  Nev.  386,  391. 

It    is    not    essential    to   the    conviction    of 

7072.  Accessory  after  the  fact,  indictment  and  punishment. 

SEC.  222.  An  accessory  after  the  fact  to  the  commission  of  a  felony  may 
be  indicted  and  punished,  though  the  principal  felon  many  be  neither  tried 
nor  indicted. 

Kerr,  Pen.  C.,972. 
See  sec.  6275. 

7073.  Indictment  for  compounding  and  concealing1  offenses. 

SEC.  223.  A  person  may  be  indicted  for  having,  with  the  knowledge  of 
the  commission  of  a  public  offense,  taken  money  or  property  of  another,  or 
a  gratuity,  or  a  reward,  or  an  engagement,  or  understanding,  express  or 
implied,  to  compound  or  conceal  the  offense  or  to  abstain  from  a  prosecu- 
tion therefor  or  to  withhold  any  evidence  thereof,  though  the  person  guilty 
of  the  original  offense  has  not  been  indicted  nor  tried. 

CHAPTER  20 
BENCH  WARRANT  AND  BAIL 

7074.  Arraignment  of  defendant.  7077.  Failure    of    defendant    discharged    on 

7075.  Arraignment,    defendant   must    appear  bail    to    appear    for    arraignment — 

personally,  when.  .  Bench   warrant,  when  may  issue. 

7076.  Arraignment,   officer  to  bring   defend-       7078.  Idem — Bench  warrant  issued  by  clerk. 

ant  before  court,  when.  7079.  Bench  warrant,  form  of. 


1989  CRIMINAL  PRACTICE  Sec.  7079 


7n^i».   Arrest   under   bcm-li   warrant  —  Bail.  7i  !*.">.    iVtVmlant   must  be  informed  of  right 

7081.    I  low  bench  warrant  m;iy  bo  served.  to  counsel. 

7i^i_>.  When    defendant    arrested    on    bench  708(5.  Arraignment,  how  made. 

warrant  in  another  county  —  Magis-  70S7.    When    defendant  does  not   declare  his 

trate    of   that    county    to    admit   to  true  name,  proceedings. 

bail  —  Amount  —  Sureties.  70SS.  Time      given      defendant     to     answer 
7"'<l.    Increase    of    bail,    ordering    defendant  indictment. 

into  custody,   when.  7i|v>!>.    Defendant     may     answer,     demur,     or 
7084.  Defendant,  if  present,  to  be  commit-  plead  to  the  indictment. 

ted,  if  not  bench  warrant  to  issue. 

7074.  Arraignment  of  the  defendant. 

SEC.  224.  When  the  indictment  is  filed,  the  defendant  must  be  arraigned 
thereon  before  the  court  in  which  it  is  found  unless  the  cause  is  transferred 
to  some  other  county  for  trial. 

KeiT.  iVn.  ('.,  !»7<i. 

7075.  Arraignment,  defendant  must  appear  personally,  when; 

SEC.  225.  If  the  indictment  be  for  a  felony,  the  defendant  must  be  per- 
sonally present;  but  if  for  a  misdemeanor,  his  personal  appearance  is 
unnecessary  and  he  may  appear  upon  arraignment  by  counsel. 

Kcrr,  IVn.  C..D77. 

707f>.    Arraignment,  officer  to  briny;  defendant  before  court,  when. 

SEC.  226.  When  a  defendant's  personal  appearance  is  necessary,  if  he 
is  in  custody,  the  court  may  direct  the  officer  in  whose  custody  he  is  to 
bring  him  before  it  to  be  arraigned,  and  the  officer  must  do  so  accordingly. 

Kcrr.  IVn.  ('..'.17s. 

7077.  Failure  of  defendant  discharged  on  bail  to  appear  for  arraignment- 

Bench  warrant,  when  mav  issue. 

SEC.  227.  If  the  defendant  has  been  discharged  on  bail,  or  has  deposited 
money  instead  thereof,  and  does  not  appear  to  be  arraigned  when  his  per- 
sonal attendance  is  necessary,  the  court,  in  addition  to  the  forfeiture  of  the 
recognizance,  or  of  the  money  deposited,  may  direct  the  clerk  to  issue  a 
bench  warrant  for  his  arrest.  If  the  defendant  is  indicted  without  having 
been  previously  charged  or  held  to  answer,  the  court  may  also  direct  the 
clerk  to  issue  a  bench  warrant  for  his  arrest. 

Ken-,  Pen.  C.,  979. 

7078.  Idem—  Bench  warrant  issued  by  clerk. 

SEC.  228.  The  clerk,  on  the  application  of  the  district  attorney,  may 
accordingly,  at  any  time  after  the  order,  whether  the  court  is  sitting  or  not, 
issue  a  bench  warrant  into  one  or  more  counties. 

Kerr,  Pen.  C.,(.»S(). 

Cited,  State  v.  Clark,  32  Nev.  145  (104  P.  593). 

7079.  Bench  warrant,  form  of. 

SEC.  229.  The  bench  warrant  upon  the  indictment  shall  be  substantially 
in  the  following  form  : 

County  of  ....................  .     The  State  of  Nevada,  to  any  sheriff,  constable, 

marshal,  policeman,  or  peace  officer  in  this  state:  An  indictment  having 
been  found  on  the  ............  day  of  ........  .  .......  ,  A.  D.  19....,  in  the  district  court  of 

the...  ...,  county  of  ......................  .,  charging  C.  D.  with  the  crime  of 

(designating  it  generally)  ;  you  are  therefore  commanded  forthwith  to 
arrest  the  above-named  C.  D.,  and  bring  him  before  that  court  to  answer 
the  indictment  ;  or,  if  the  court  is  not  in  session,  that  you  deliver  him  into 
the  custody  of  the  sheriff  of  the  county  of  .............  ....     By  order  of  the  court  . 

Given  under  my  hand  with  the  seal  of  the  court  affixed,  this  ........  day  of 

...........  ,  A.  D.  19  .....     (Seal.)     E.  F.,  Clerk. 

Kerr,  Pen.  C.,981. 


Sec,  7080  CRIMINAL  PRACTICE  1990 

Cited,  State  v.  Clark,  32  Nev.  145  (104  P.  Bail  —  Criminal      prosecutions  —  Recogni- 

593).  zance — Description     of    offense — Sufficiency. 

State  v.  O'Keefe,  32  Nev.  331  (108  P.  2). 

7080.  Arrest  under  bench  warrant— Bail. 

SEC.  230.  The  defendant,  when  arrested  under  a  warrant  for  an  offense 
not  bailable,  must  be  held  in  custody  by  the  sheriff  of  the  county  in  which 
the  information  is  filed  or  the  indictment  is  found,  unless  admitted  to  bail 
after  an  examination  upon  a  writ  of  habeas  corpus;  but  if  the  offense  is 
bailable,  there  must  be  added  to  the  body  of  the  bench  warrant  a  direction 
to  the  following  effect:  "Or,  if  he  requires  it,  that  you  take  him  before  any 
magistrate  in  that  county,  or  in  the  county  in  which  you  arrest  him,  that 
he  may  give  bail  to  answer  to  the  information  or  indictment";  and  the 
court,  upon  directing  it  to  issue,  must  fix  the  amount  of  bail,  and  an  indorse- 
ment must  be  made  thereon  and  signed  by  the  clerk,  to  the  following  effect : 
"The  defendant  is  to  be  admitted  to  bail  in  the  sum  of dollars." 

Kerr,  Pen.  C.,982. 

Cited,  Ex  Parte  Finlen,  20  Nev.  141,  150  (18  P.  827). 

7081.  How  bench  warrant  may  be  served. 

SEC.  231.  The  bench  warrant  may  be  served  in  any  county,  in  the  same 
manner  as  a  warrant  of  arrest,  except  that  when  served  in  another  county 
it  need  not  be  indorsed  by  a  magistrate  of  that  county. 

Kerr,  Pen.  C.,983. 

7082.  When  defendant  arrested  on  bench  warrant  in  another  county- 

Magistrate  of  that  county  to  admit  to  bail— Amount— Sureties. 
SEC.  232.  If  the  offense  charged  in  the  bench  warrant  is  bailable,  and 
the  defendant  is  arrested  in  another  county,  the  officer  must,  upon  being 
required  by  the  defendant,  take  him  before  the  most  convenient  magistrate 
in  that  or  any  adjoining  county,  who  must  admit  the  defendant  to  bail  in 
the  amount  fixed  in  the  bench  warrant  and  take  bail  from  him  accordingly, 
naming  therein  a  time,  not  more  than  ten  days  after  the  time  of  taking 
such  bail,  for  the  defendant  to  appear  before  the  court  in  which  the  bench 
warrant  was  issued;  or,  in  case  the  court  is  not  in  session  at  the  time  so 
fixed  for  the  defendant  to  appear,  for  the  defendant  to  appear  before  the 
court  in  which  the  bench  warrant  was  issued  at  the  first  time  it  is  in  session 
thereafter.  The  qualification  and  justification  of  the  sureties  shall  be  as 
required  in  the  chapter  on  bail. 

See  sec.  7308,  et  seq. 

7088.    Increase  of  bail,  ordering1  defendant  into  custody,  when. 

SEC.  233.  When  the  indictment  is  for  a  'felony,  and  the  defendant  before 
the  finding  thereof  has  given  bail  for  his  appearance  to  answer  the  charge, 
the  court  to  which  the  indictment  is  presented,  or  in  which  it  is  pending, 
may  order  the  defendant  to  be  committed  to  actual  custody,  unless  he  gives 
bail  in  an  increased  amount,  to  be  specified  in  the  order. 

Kerr,  Pen.  C.,985. 

7084.  Defendant,  if  present,  to  be  committed,  if  not,  bench  warrant  to 

issue. 

SEC.  234.  If  such  order  is  made  and  the  defendant  is  present,  he  must 
be  forthwith  committed.  If  he  is  not  present,  a  bench  warrant  must  be 
issued  and  proceeded  upon  in  the  manner  provided  in  this  act. 

Kerr,  Pen.  C.,986. 

7085.  Defendant  must  be  informed  of  rig-lit  to  counsel. 

SEC.  235.  If  the  defendant  appears  for  arraignment  without  counsel,  he 
must  be  informed  by  the  court  that  it  is  his  right  to  have  counsel  before 
being  arraigned,  and  must  be  asked  if  he  desires  the  aid  of  counsel.  If  he 


1991  CRIMINAL  PRACTICE  Sec.  7090 

desires  and  is  unable  to  employ  counsel,  the  court  must  assign  counsel  to 
defend  him. 

Kerr,  Pen.  C.,9S7. 

(Guaranty  of  right  to  have  counsel,  T.  S.  Const.,  sec.  1/S;   State  Const.,  sec.  237. 

7086.  Arraignment,  how  made. 

SEC.  236.  The  arraignment  must  be  made  by  the  court,  or  by  the  clerk 
or  district  attorney  under  its  direction,  and  consists  in  reading  the  indict- 
ment to  the  defendant  and  delivering  to  him  a  copy  thereof,  and  of  the 
indorsements  thereon,  including  the  list  of  witnesses  indorsed  on  it,  and 
asking  him  whether  he  pleads  guilty  or  not  guilty  to  the  indictment. 

Kerr,  Pen.  C..«iss. 

7087.  When  defendant  does  not  declare  his  true  name, proceedings. 

SEC.  237.  When  the  defendant  is  arraigned,  he  must  be  informed  that 
if  the  name  by  which  he  is  indicted  is  not  his  true  name,  he  must  then 
declare  his  true  name,  or  be  proceeded  against  by  the  name  in  the  indict- 
ment. If  he  gives  no  other  name,  the  court  may  proceed  accordingly ;  but 
if  he  alleges  that  another  name  is  his  true  name,  the  court  must  direct  an 
entry  thereof  in  the  minutes  of  the  arraignment,  and  the  subsequent  pro- 
ceedings on  the  indictment  may  be  had  against  him  by  that  name,  referring 
also  to  the  name  by  which  he  was  first  charged  in  the  indictment. 

Kerr.  I'.  C.,989. 

A  <|efeinl:iiit  ill  a  criminal  case  should  be  true  name  upon  request,  lie  cannot  complain 

indicted  by  his  true  name  when  known;  but  of'  beini;  tried  by  the  name  specified  in  the 

if  unknown,  lie  may  be  indicted  by  any  indictment,  or  the  name  uiven  upon  arraign- 

name  that  i>  Millicienl  to  identify  him;  and  ment.  although  subsequently  found  not  to 

when  arraigned,  it'  he  do  not  give  his  be  the  true  name.  State  v.  Burns,  8  Nev. 

iT.l,  266. 

7088.  Time  Driven  defendant  to  answer  indictment. 

SEC.  238.  If,  on  the  arraignment,  the  defendant  requires  it,  he  must  be 
allowed  a  reasonable  time,  not  less  than  one  day,  to  answer  the  indictment. 

Kerr.  Pen.  C.,990. 

7089.  Defendant  may  answer, demur,  or  plead  to  the  indictment. 

SEC.  239.  The  defendant  may,  in  answer  to  the  arraignment,  move  to 
set  aside,  demur,  or  plead  to  the  indictment. 

A  motion  to  set  aside  an  indictment  must  so  made,  it  will  be  deemed  to  have  been 
be  made  before  demurrer  or  plea.  If  not  waived.  State  v.  Hamilton,  ]3  Nev.  286. 

CHAPTER  21 
SETTING  ASIDE  THE  INDICTMENT 

T('!M).  (i rounds  for  setting  aside  indictment.       7093.  Motion  to  set  aside  indictment — Case 
7iMM.   Objection  to  indictment,  when  deemed  resubmitted. 

waived.  7094.  Order  no  bar  to  further  prosecution. 

7o!»±  Motion,     when     heard — If     denied     or 

granted,  what  proceedings  to  be  had. 

7090.  (i rounds  for  setting  aside  indictment. 

SEC.  240.  The  indictment  must  be  set  aside  by  the  court  in  which  the 
defendant  is  arraigned,  upon  his  motion,  in  any  of  the  following  cases : 

1.  Where  it  is  not  found,  indorsed,  and  presented  as  prescribed  in  this 
act. 

2.  When  the  names  of  the  witnesses  examined  before  the  grand  jury,  or 
whose  depositions  may  have  been  read  before  them,  are  not  inserted  at  the 
foot  of  the  indictment,  or  indorsed  thereon. 

3.  When  a  person  is  permitted  to  be  present  during  the  session  of  the 
grand  jury,  when  the  charge  embraced  in  the  indictment  is  under  con- 
sideration, except  as  provided  in  section  180. 

4.  When  the  defendant  had  not  been  held  to  answer  before  the  finding 


See.  7091  CRIMINAL  PRACTICE  1992 

of  the  indictment,  on  any  ground  which  would  have  been  good  ground  for 
challenge,  either  to  the  panel  or  to  any  individual  grand  juror. 

Kerr,  Pen.  C.,995. 

See  State  v.  Hamilton,  under  sec.  239  of  and    accused,    if    desiring    the    presence    of 

this  act.  the  grand  juror,  should  have  subpenaed  him, 

Cited,  State  v.  McNamara,  3  Nev.  75.  or  taken  his  testimony  by  deposition.     State 

Where    the    defendant    had    the    privilege  v.  Casey,  33  Nev. —  (117  P.  5). 

after  indictment  was  found,  under  the  ruling  The    admission    of    hearsay    or    secondary 

or'  the  court  as  well  as  by  virtue  of  the  pro-  evidence    may    be    taken    advantage    of    on 

visions  of  this  section  to  move  to  set  aside  motion    to    set    aside    the    indictment    under 

the  indictment  on  any  ground  which  would  this  section.     State  v.  Logan,  1  Nev.  515. 

ha,ve  been  good  ground  of  challenge  either  An  objection  to  an  indictment  that  it  does 

to  the  panel  or  any  individual  grand  juror,  not  show  that  it  was  found  by  a  grand  jury 

and  refused  to  exercise  the  privilege,  it  was  having  the  proper  authority  must  be  raised 

held  that  he  was  not  in  a  position  to  com-  on  motion  to  set  it  aside.     State  v.  Eoderi- 

plain  of  the  ruling  of  the  court  in  refusing  gas,  7  Nev.  328,  333. 

to   set  aside  the  indictment.     State   v.   Lar-  The    point    that    an    indictment    fails    to 

kifi.  11  Nev.  314,  325.  show  that  it  was  found  by  a  proper  grand 

Where  a  defendant  had  not  been  held  to  jury,    cannot    be    raised    under    a     general 

answer  before  the  finding  of  an  indictment,  demurrer  that  the  facts  charged  do  not  con- 

and  he  moved  to  set  it  aside  on  the  ground  stitute  a  public  offense.     Idem, 

that    several    members    of    the    grand    jury  An  objection  that  an  indictment  has  not 

were  not  shown  to  be  qualified  grand  jurors,  been   found,   indorsed   or   presented   as   pre- 

the  motion  was  properly  overruled,  since  the  scribed  by  law,  is  not  a  ground  of  demurrer, 

ground   of  the   motion   was  not  a   statutory  but  must  be  taken  by  motion  to  set  aside  the 

ground  of  challenge  to  an  individual  grand  indictment  before  pleading  to  it.     State  v. 

juror.     State    v.    Simas,    25    Nev.    432,    442  Harris,  12  Nev.  414,  419,  420. 

(62  P.  242).  Likewise  an  objection  that  the  indictment 

Where  accused,  in  support  of  his  motion  was    not    signed    by    the    district    attorney, 

to  quash  the  indictment  for  the  nonresidence  Idem. 

of  a  grand  juror,  presented  an  affidavit  on  A  motion  to  quash  an  indictment  because 
information  and  belief  averring  that  fact,  the  grand  jurors  were  not  selected  accord- 
he  could  not  complain  of  the  presentation  ing  to  law,  ought  to  be  made  before  plea, 
by  the  state  of  an  affidavit  of  the  juror  State  v.  Collyer,  17  Nev.  275,  280  (30  P. 
averring  his  residence  and  the'  disposition  891). 

by  the  court  of  the  motion  on  the  affidavits,  Cited,  State  v.  Simas,  25  Nev.  442  (62  P. 

242). 

7091.  Objection  to  indictment, when  deemed  waived. 

SEC.  241.  If  the  motion  to  set  aside  the  indictment  is  not  made,  the 
defendant  is  precluded  from  afterward  taking  the  objections  mentioned  in 
the  last  section. 

Kerr,  Pen.  C.,996. 

See  State  v.  Hamilton,  under  sec.  239   of  by  motion  to  set  aside,  or  by  special  demur- 

this  act.  rer,    and    if    not    so    raised    or    taken,    it    is 

Objection    to    indictment    must    be    taken  waived.     State  v.  Roderigas,  7  Nev.  328,  333. 

7092.  Motion,  when  heard— If  denied  or  granted,  what  proceedings  to  be 

had. 

SEC.  242.  The  motion  must  be  heard  at  the  time  it  is  made,  unless  for 
good  cause  the  court  postpones  the  hearing  to  another  time.  If  the  motion 
is  denied,  the  defendant  must  immediately  answer  the  indictment,  either  by 
demurring  or  pleading  thereto.  If  the  motion  is  granted,  the  court  must 
order  that  the  defendant,  if  in  custody,  be  discharged  therefrom;  or,  if 
admitted  to  bail,  that  his  bail  be  exonerated ;  or,  if  he  has  deposited  money 
instead  of  bail,  that  the  same  be  refunded  to  him,  unless  it  directs  that  the 
case  be  resubmitted  to  the  same  or  another  grand  jury;  provided,  that 
after  such  order  of  resubmission  the  defendant  may  be  examined  before  a 
magistrate,  and  discharged  or  committed  by  him,  as  in  other  cases,  if  before 
indictment  filed  he  has  not  been  examined  and  committed  by  a  magistrate. 

Kerr,  Pen.  C.,997. 

See  State  v.  Hamilton,  under  sec.  239  of  find  an  indictment  is  not  a  bar  to  further 

this  act.  prosecution.     Ex    Parte    Job,    17    Nev.    185, 

The  failure  of  respective  grand  juries  to  186  (30  P.  699). 


1993  CRIMINAL  PRACTICE  Sec.  7097 

7093.  Motion  to  sot  aside  indictment— Custody— Case  resubmitted. 

SEC.  243.  If  the  court  directs  that  the  case  be  resubmitted,  the  defend- 
ant, if  already  in  custody,  must  so  remain  unless  he  is  .admitted  to  bail; 
or  if  already  admitted  to  bail,  or  money  has  been  deposited  instead  thereof, 
the  bail  or  money  shall  be  answerable  for  the  appearance  of  the  defendant 
to  answer  a  new  indictment ;  and,  unless  a  new  indictment  is  found  before 
the  next  grand  jury  of  the  district  is  discharged,  the  court  must,  on  the  dis- 
charge of  such  grand  jury,  make  the  order  prescribed  by  the  preceding 
section. 

Ken-,  Pen.  (\,<>1>S. 

7094.  Order  no  bar  to  further  prosecution. 

SEC.  244.  An  order  to  set  aside  an  indictment,  as  provided  in  this  act, 
is  no  bar  to  a  further  prosecution  for  the  same  offense. 

Kerr,  Pen.  (\ ,<><)<». 

CHAPTER  22 
DEMURRER 

7095.  Pleadingsof   defendant,  designation  of.  7101.  I>emnrrer     ;ill<>wt'»l,     bar     to     another 

7096.  Demurrer  or  plea,  \\ln-n  put   in.  pn>M-.-ut  ion.  when. 

7097.  Grounds  for  demurrer  to  indictment.  7lo±  Demurrer  sustained,  case  not  directed 

7098.  Form  of  demurrer  to  indictment.  to   be  resubmitted,   effect. 

7099.  Hearing  of  the  demurrer,  7  10:5.  Case  resubmitted,  proceeding. 

7100.  Judgment  on  demurrer.  7104.  Proceedings  if  demurrer  disallowed. 

71(>r>.   Objections,  how  taken. 

701)5.    Heading  of  defendant, designation  of. 

SEC.  245.  The  pleading  on  the  part  of  the  defendant  is  either  a  demurrer 
or  a  plea. 

Kerr,  Pen.  ('.,  KHrJ. 

70JM>.     Demurrer  or  pica,  when  put  in. 

SEC.  246.  Both  the  demurrer  and  the  plea  must  be  put  in,  in  open  court, 
either  at  the  time  of  the  arraignment  or  at  such  other  time  as  may  be 
allowed  to  the  defendant  for  that  purpose. 

Kerr,  Pen.  ('.,  HMK5. 

7097.    (Jrounds  for  demurrer  to  indictment, 

SEC.  247.  The  defendant  may  demur  to  the  indictment,  when  it  appears 
upon  the  face  thereof : 

1.  That  the  grand  jury  by  which  it  was  found  had  no  legal  authority  to 
inquire  into  the  offense  charged,  for  the  reason  of  its  not  being  within  the 
local  jurisdiction  of  the  court. 

2.  That  it  does  not  substantially  conform  to  the  requirements  of  sections 
200  and  201. 

3.  That  more  than  one  offense  is  charged  in  the  indictment. 

4.  That  the  facts  stated  do  not  constitute  a  public  offense. 

5.  That  the  indictment  contains  matter,  which,  if  true,  would  constitute 
a  legal  justification  or  excuse  of  the  offense  charged,  or  other  legal  bar  to 
the  prosecution. 

Kerr,  Pen.  C.,  1004. 

The  point  that  an  indictment  fails  to  show  tal    wound    of    which    he    died,    and    it    was 

that  it  was  found  by  a  proper  grand  jury  objected  on  general  demurrer  that  the  kill- 

cannot  be  raised  under  a  general  demurrer  ing  was  not  charged  in  positive  and  direct 

that  the  facts  charged  do  not  constitute  a  terms,  but  only  argumentatively,  it  was  held, 

public   offense.     State  v.  Eoderigas,  7   Nev.  that  though  such  indictment  might  be  held 

defective  on  special  objection,  it  was  aided 

When  in  an  indictment  for  murder,  other-  on    general    demurrer.     State    v.    Harkin,    7 

wise  sufficient,  it  was  substantially  charged  Nev.  378,  384. 

that    defendant    with    malice    aforethought  Objections  to  the  form  of  an  indictment 

struck  deceased,  thereby  giving  him  a  mor-  for   defects   apparent   upon   its   face   cannot 


Sec.  7098  CRIMINAL  PRACTICE  1994 

be  taken  advantage  of  for  the  first  time  on  was    not    signed    by    the    district    attorney, 

appeal.    State  v.  O'Flaherty,  7  Nev.  154, 158.  Idem. 

An    objection    to    an    indictment    that    it  A    defect    in    an    indictment    for    murder, 

charges    more    than    one    offense    should    be  which    by   failing   to    show    that    the    death 

taken  by  special  demurrer.     State  v.  John-  occurred  within  a  year  and'a  day,  is  waived 

son,  9  Nev.  175,  179.  by  the  failure  of  the  defendant  to  demur  to 

Cited,  State  v.  Thompson,  12  Nev.  143.  the  indictment.     State  v.  Huff,   11  Nev.   17, 

An  objection  that  indictment  has  not  been  20. 

found,  indorsed  or  presented  as  prescribed  An  order  of  the  court  sustaining  a  demur- 
by  law,  is  not  a  ground  of  demurrer.  State  rer  to  one  count  cannot  be  treated  as  an 
v.  Harris,  12  Nev.  414,  419.  amendment  to  the  indictment.  State  v. 

Likewise  an  objection  that  the  indictment  McKiernan,  17  Nev.  224,  229  (30  P.  831). 

7098.  Form  of  demurrer  to  indictment. 

SEC.  248.  The  demurrer  must  be  in  writing,  signed  by  either  the  defend- 
ant or  his  counsel,  and  filed.  It  must  distinctly  specify  the  grounds  of 
objection  to  the  indictment,  or  it  must  be  disregarded. 

Kerr,  Pen.  C.,  1005. 

It  seems  that  a  demurrer  to  an  indictment  grounds  of  objection  as  contemplated  by 
"that  it  charges  two  separate  and  distinct  this  section.  State  v.  Ah  Sam,  7  Nev.  127, 
offenses"  is  objectionable,  for  the  reason  129. 

that     it     does     not     distinctly     specify     the  See  State  v.  Harkin,  and  State  v.  Roderi- 

gas,  under  sec.  247  of  this  act. 

7099.  Hearing  of  the  demurrer. 

SEC.  249.  Upon  the  demurrer  being  filed,  the  argument  upon  the  objec- 
tions presented  thereby  shall  be  heard  either  immediately  or  at  such  time  as 
the  court  may  appoint. 

Kerr,  Pen.  C.,1006. 

7100.  Judgment  on  demurrer. 

SEC.  250.  Upon  considering  the  demurrer,  the  court  must  give  judgment 
either  allowing  or  disallowing  it,  and  an  order  to  that  effect  must  be  entered 
in  the  minutes. 

Kerr,  Pen.  C.,1007. 

An  appeal  in  criminal  cases  may  be  taken  a  demurrer,  though  final  judgment  be  not 
from  an  order  of  the  district  court  allowing  entered.  People  v.  Logan,  1  Nev.  110,  114, 

115. 

7101.  Demurrer  allowed,  bar  to  another  prosecution,  when. 

SEC.  251.  If  the  demurrer  is  allowed,  the  judgment  is  final  upon  the 
indictment  demurred  to,  and  is  a  bar  to  another  prosecution  for  the  same 
offense,  unless  the  court,  being  of  the  opinion  that  the  objection  on  which 
the  demurrer  is  allowed  may  be  avoided  in  a  new  indictment,  directs  the 
case  to  be  submitted  to  the  same  or  another  grand  jury;  provided,  that 
after  such  order  or  resubmission,  the  defendant  may  be  examined  before  a 
magistrate,  and  discharged  or  committed  by  him,  as  in  other  cases. 

Kerr,  Pen.  C.,1008. 

An  order  resubmitting  the  case  "to  the  for  uncertainty.  Ex  Parte  Job,  17  Nev.  184, 
same  or  another  grand  jury"  was  not  void  186,  188  (30  P.  699). 

7102.  Demurrer  sustained,  case  not  directed  to  be  resubmitted,  effect. 
SEC.  252.    If  the  court  does  not  direct  the  case  to  be  resubmitted,  the 

defendant,  if  in  custody,  must  be  discharged,  or  if  admitted  to  bail,  his 
bail  must  be  exonerated,  or  if  he  has  deposited  money  instead  of  bail,  the 
money  must  be  refunded  to  him. 

Kerr,  Pen.  C.,1009. 

7108.    Case  resubmitted,  proceeding. 

SEC.  253.  If  the  court  direct  that  the  case  be  resubmitted  the  same  pro- 
ceedings must  be  had  thereon  as  are  prescribed  in  section  243. 

Kerr,  Pen.  C.,  1010. 


1995  CRIMINAL  PRACTICE  Sec,  7105 

7104.  Proceedings  if  demurrer  is  disallowed. 

SEC.  254.  If  the  demurrer  is  disallowed,  the  court  must  permit  the 
defendant,  at  his  election,  to  plead,  which  he  must  do  forthwith,  or  at  such 
time  as  the  court  may  direct.  If  he  does  not  plead,  judgment  may  be  pro- 
nounced against  him. 

Ken-.  IVn.  C.,  1011. 

7105.  Objections,  how  t;iken. 

SEC.  255.  When  the  objections  mentioned  in  section  247  appear  upon  the 
face  of  the  indictment,  they  can  only  be  taken  advantage  of  by  demurrer, 
except  that  the  objection  to  the  jurisdiction  of  the  court  over  the  subject 
of  the  indictment,  or  that  the  facts  stated  do  not  constitute  a  public  offense, 
may  be  taken  at  the  trial  under  the  plea  of  not  guilty,  and  in  arrest  of 
judgment. 

Ken\  Pen.  C.,  101L'. 

See  sees.  70.VI,  7(M»7,  74l><». 

SMI-  State  v.  <  >'Khihertv,  under  see.  L.M7  of  this  act. 

Section  7054  states  that  the  indictment  shall  charge  hut  one  offense,  which  may  be  set 
forth  in  different  forms:  and  section  7097  provides  that  the  defendant  may  demur  on  the 
ground  "that  more  than  one  offense  is  charged  in  the  indictment."  Section  710.")  provides 
that  objections  which  may  he  taken  by  demurrer  under  section  7i>n7,  including  the  objection 
that  the  indictment  charges  more  than  one  offense,  can  be  taken  advantage  of  only  by 
demurrer,  except  an  objection  to  the  jurisdiction  of  the  court,  or  that  the  facts  stated  do 
not  constitute  a  public  offense,  and  the  decisions  hold  that  the  objection  that  the  indictment 
charges  more  than  one  offense  is  waived  unless  taken  by  demurrer. 

Section  7L'1'.»  provides  that  in  all  cases  the  defendant  may  be  found  guilty  of  any  offense 
the  commission  of  which  is  necessarily  included  in  that  which  is  charged  in  the  indictment, 
or  of  any  attempt  to  commit  the  otfense  charged.  These  statutory  provisions  were  not 
referred  to  in  the  opinion  in  Ex  I'arte  Dela,  L'~>  Xev.  II  Hi  (see  sec.  (JiMO).  In  that  case,  under 
an  indictment  char-in-  acts  constituting  rape  on  a  female  under  the  age  of  consent,  and 
that  by  reason  of  the>e  acts  and  injuries  resulting  the  girl  died,  the  necessary  facts  to  con- 
stitute rape  and  also  to  constitute  murder  resulting  therefrom  both  being  detailed  in  the 
indictment,  and  no  demurrer  being  interposed,  it  was  held  that  a  conviction  of  rape  could 
not  be  sustained.  Apparently  the  court  took  the  view  that  rape  belongs  to  a  class  of 
offenses  different  from,  and  is  not  included  in,  murder,  although  the  rape  caused  the  death. 
But  no  distinction  appears  to  have  been  made  as  to  whether  the  doctrine  should  apply  fur- 
ther than  to  cases  of  murder  generally,  such  as  those  where  the  killing  is  caused  by  shooting 
or  poison,  and  does  not  include  any  other  offense.  Whether  the  same  rule  ought  to  relate 
to  indictments  which  charge  all  the  essential  facts  of  a  crime,  such  as  rape,  arson,  bur- 
glary or  robbery,  and  that  death  resulted  from  commission  of  acts  constituting  one  of  these 
felonies,  is  not  stated  definitely.  Nor  did  the  court  in  the  opinion  consider  the  principle 
that  if  an  indictment  charges  more  than  one  offense  a  conviction  upon  evidence  supporting 
the  allegations  of  either  may  be  sustained  in  the  absence  of  a  demurrer. 

In  the  decision  in  the  case  of  State  v.  Johnson,  9  Nev.  175,  it  was  held  that  where  there 
"were  distinct  offenses,  and  the  indictment  charged  more  than  one  offense,  objection  should 
have  been  taken  by  special  demurrer."  In  State  v.  Derst,  10  Nev.  443,  it  was  determined 
that  objections  which  go  to  the  form  and  not  to  the  substance  of  allegations  in  the  indict- 
ment are  waived  by  failure  to  demur. 

"On  an  indictment  for  rape  there  may,  where  there  are  proper  allegations,  be  a  convic- 
tion of  attempt,  simple  assault,  felonious  assault,  assault  with  intent  to  rape,  assault  and 
battery,  carnal  knowledge  of  a  child  or  imbecile  female.  *  And  on  an  indictment 

for  assault  with  intent  to  rape  there  may  be  a  conviction  of  simple  assault  or,  where  a 
battery  is  alleged,  of  assault  and  battery."  33  Cyc.  1453,  and  cases  cited. 

When  questioned  for  the  first  time  on  appeal,  or  by  writ  of  habeas  corpus,  an  indictment 
will  be  held  to  be  sufficient,  unless  it  is  so  defective  that  by  no  construction  within  the  rea- 
sonable limits  of  the  language  used  can  it  be  said  to  charge  the  offense  for  which  the  defend- 
ant was  convicted.  State  v.  Hughes,  31  Nev.  270;  State  v.  Eaymond,  33  Nev. — ,  117  P.  18; 
Breckenridge  v.  Lamb,  34  Nev.  — ;  Dimmick  v.  Tompkins,  194  U.  S.  551. 

Under  an  indictment  for  murder,  a  defendant  may  be  lawfully  convicted  of  an  assault 
with  intent  to  kill.  Ex  Parte  Curnow,  21  Nev.  33. 

The  objections  to  an  indictment  on  the  ground  that  it  does  not  state  facts  sufficient  to 
constitute  a  public  offense  may  be  taken  for  the  first  time  in  the  appellate  court,  and  is  not 
waived  by  a  failure  in  the  district  court  to  make  the  point  on  demurrer  or  on  motion  in 
arrest  of  judgment.  State  v.  Trolson,  21  Nev.  419. 

Where  the  evidence  shows  the  defendant  to  be  guilty  of  robbery,  he  cannot  complain  that 
he  was  convicted  of  an  attempt  to  commit  the  crime.  State  v.  O'Keefe,  23, Nev.  127. 


Sec.  7106 


CRIMINAL  PRACTICE 


1996 


See  State  v.  Huff,  under  sec.  247  of  this 
act. 

Objections  to  the  form  of  an  indictment 
for  defects  apparent  upon  its  face  cannot 
be  taken  advantage  of  for  the  first  time  on 
appeal.  State  v.  O'Flaherty,  7  Nev.  154. 

An  objection  to  an  indictment  that  it  does 
not  show  that  it  was  found  by  a  grand  jury 
having  proper  authority  must  be  raised  on 
motion  to  set  it  aside  or  taken  by  special 
demurrer,  and  if  not  so  raised  or  taken,  it 


is  waived.'  State  v.  Roderigas,  7  Nev.  328, 
333. 

An  objection  to  an  indictment  that 
charges  more  than  one  offense  should  be 
taken  by  special  demurrer.  State  v.  John- 
son, 9  Nev.  175,  178. 

A  motion  in  arrest  of  judgment  can  only 
be  sustained  upon  the  ground  that  the  court 
has  no  jurisdiction  over  the  subject  of  an 
indictment,  or  that  the  facts  stated  do  not 
constitute  a  public  offense.  State  v.  O'Con- 
nor, 11  Nev.  416,  422. 


CHAPTER  23 
THE   PLEA 


of 


7111.  Plea  of  former  acquittal,  effect  of. 

7112.  What  is  a  former  acquittal. 

7113.  Former     acquittal     or     conviction 

higher  offense,  effect  of. 

7114.  When    defendant   refuses   to   plead   to 

indictment,  plea  of  not  guilty  to  be 
entered. 


7106.  Pleas,  kinds  of. 

7107.  Pleas,  how  put  in,  form  of. 

7108.  Plea  of  guilty,  how  put  in. 

7109.  Plea  of  not  guilty,  puts  in  issue,  what. 

7110.  Plea   of  not  guilty,  evidence  present- 

able under. 

7106.    Pleas,  kinds  of. 
SEC.  256.  '  There  are  four  kinds  of  pleas  to  an  indictment.    A  plea  of : 

1.  Guilty. 

2.  Not  guilty. 

3.  A  former  judgment  of  conviction  or  acquittal  of  the  offense  charged, 
which  may  be  pleaded  either  with  or  without  plea  of  not  guilty. 

4.  Once  in  jeopardy. 

Kerr,  Pen.  C.,1016. 


It  is  not  for  the  court  to  decide  in  advance 
that  the  plea  of  former  acquittal  could  not 
be  established.  That  issue  was  for  the  jury, 
subject,  of  course,  to  the  right  of  the  court 
to  decide  upon  the  competency  and  relevancy 
of  the  evidence  offered  in  support  of  the 
plea.  Idem. 

Although  the  plea  of  former  jeopardy 
might  have  been  superfluous,  as  the  facts 
set  out  in  it  might  possibly  have  been  given 
in  evidence  under  the  general  issue,  or  if 
not,  then  under  the  plea  of  former  acquittal, 
it  would  have  been  better  if  the  facts  dis- 
closed by  it  amounted  to  a  defense,  to  allow 
it  to  be  entered.  Idem. 

A  plea  of  former  conviction  or  acquittal 
is  a  good  plea  in  bar  of  another  indictment 
for  the  same  offense,  but  the  pendency  of 
another  indictment  has  never  been  held  to 
constitute  matter  in  abatement.  State  v. 
Lambert,  9  Nev.  321,  323. 

7107.    Pleas,  how  put  in,  form  of. 

SEC.  257.    Every  plea  must  be  oral,  and  must  be  entered  upon  the  min- 
utes of  the  court  in  substantially  the  following  form : 

1.  If  the  defendant  plead  guilty:  "The  defendant  pleads  that  he  is  guilty 
of  the  offense  charged  in  the  indictment." 

2.  If  the  defendant  plead  not  guilty:  "The  defendant  pleads  that  he  is 
not  guilty  of  the  offense  charged  in  the  indictment." 

3.  If  the  defendant  plead  a  former  acquittal  or  conviction :  "  The  defend- 
ant pleads  that  he  has  already  been  convicted  (or  acquitted)  of  the  offense 

charged  in  the  indictment,  by  the  judgment  of  the  court  of (naming 

it),  rendered  at (naming  the  place),  on  the day  of...          ..., 

19 " 

4.  If  he  plead  once  in  jeopardy:  "The  defendant  pleads  that  he  has  been 


When  a  prisoner  has  pleaded  "not  guilty," 
it  is  in  the  discretion  of  the  court  whether 
or  not  to  allow  him  to  withdraw  that  plea 
to  interpose  another.  State  v.  Salge,  2  Nev. 
321. 

A  prisoner  has,  however,  an  absolute  right 
to  withdraw  that  plea  to  interpose  any  good 
defense  which  has  arisen  since  the  last  con- 
tinuance of  the  case.  Idem. 

The  court  properly  refused  to  allow 
defendant  to  withdraw  his  plea  of  not  guilty, 
to  interpose  a  plea  that  was  not  sufficient  in 
law  as  a  defense  and  besides  being  defective 
in  form  could  not,  by  amendment,  be  made 
available.  Idem. 

Where  the  defendant  interposed  a  plea  of 
former  acquittal  in  the  exact  form  pre- 
scribed by  the  statute,  the  court  erred  in 
refusing  to  allow  the  plea  to  be  entered  of 
record.  State  v.  Johnson,  11  Nev.  273,  276. 


1997  CRIMINAL  PRACTICE  See.  7113 

once  in  jeopardy  for  the  offense  charged  in  the  indictment  (specifying  the 
time,  place  and  court)." 

Kerr,  Pen.  C.,  1017. 

See  State  v.  Johnson,  under  sec.  2o<>  of  this  act. 

7108.  Plea  of  guilty,  how  put  in. 

SEC.  258.  A  plea  of  guilty  can  be  put  in  by  the  defendant  himself  only 
in  open  court,  unless  upon  indictment  against  a  corporation,  in  which  case 
it  may  be  put  in  by  counsel.  The  court  may,  at  any  time  before  judgment, 
upon  a  plea  of  guilty,  permit.it  to  be  withdrawn  and  a  plea  of  not  guilty 
substituted. 

Kerr,  Pen.  ('.,  1018. 

7109.  Plea  of  not  jruilt.v.  puts  in  issue,  what. 

SEC.  259.  The  plea  of  not  guilty  puts  in  issue  every  material  allegation 
of  the  indictment. 

Kerr.  Pen.  C.,  1019. 

7110.  Plea  of  not  guilty,  evidence  presentable  under. 

SEC.  260.  All  matters  of  fact  tending  to  establish  a  defense,  other  than 
that  specified  in  the  third  subdivision  of  section  256,  may  be  given  in  evi- 
dence under  the  plea  of  not  guilty. 

Kerr,  Pen.  C.,  1020.  ' 

State  v.  Johnson,  under  sec.  L^li  of  this   art . 
Cited.  Kx  Part.-  Maxwrll.  11  N.-v.  I  HI. 

7111.  Plea  of  former  aeqnittal.etrert  of. 

SEC.  261.  If  the  defendant  was  formerly  acquitted  on  the  ground  of  a 
variance  between  the  indictment  and  the  proof,  or  upon  an  objection  to  the 
form  or  substance  of  the  indictment,  or  in  order  to  hold  the  defendant  for 
a  higher  offense,  without  a  judgment  of  acquittal,  it  is  not  an  acquittal  of 
the  same  offense. 

Kerr.  Pen.  ('..  IOL'1. 

7112.  What  is  a  former  acquittal. 

SEC.  262.  Whenever  the  defendant  is  acquitted  on  the  merits,  he  is 
acquitted  of  the  same  offense,  notwithstanding  any  defect  in  form  or  sub- 
stance in  the  indictment  on  which  the  trial  was  had. 

Kerr,  Pen.  C.,  10±>. 

7118.    Former  acquittal  or  conviction  of  higher  offense,  effect  of. 

SEC.  263.  When  the  defendant  is  convicted  or  acquitted,  or  has  been 
once  placed  in  jeopardy,  upon  an  indictment,  the  conviction,  acquittal,  or 
jeopardy  is  a  bar  to  another  indictment  for  the  offense  charged  in  the 
former,  or  for  an  attempt  to  commit  the  same,  or  for  an  offense  necessarily 
included  therein,  of  which  he  might  have  been  convicted  under  that 
indictment. 

Kerr,  Pen.  C.,1023. 

When  the  verdict  in  a  criminal  case  is  so  upon   trial,  upon  a   valid  indictment  before 

defective  that  no  judgment  can  be  entered  a  competent  court,  and  a  jury  duly  impan- 

U])on  it,  the  defendant,  who  might  have  had  eled,  sworn  and  charged  with  the  case,  his 

it   perfected,   is   considered   as   assenting  to  jeopardy  attaches,  and  the  discharge  of  the 

it,  and  as  waiving  any  objections  to  being  jury  before  verdict,  unless  with  the  consent 

tried   before  another  jury,     estate  v.  Kover,  of    the  .defendant,    or    the    intervention    of 

10  Nev.  388  (21  A.  E.  745).  some  unavoidable  accident  or  some  overrul- 

A   defendant   tried   on   a   criminal   charge  ing  necessity,  operates  as  an  acquittal.     Ex 

Mud    found    not    guilty    by    a    jury,    cannot  Parte  Maxwell,  11  Nev.  428. 

again  be  put  on  trial  for  the  same  offense.  The  inability  of  the  jury  to  agree  upon  a 

State  v.  Herrick,  3  Nev.  259.  verdict  is  recognized  as  creating  a  necessity 

See   State   v.   Johnson,  under   sec.   256   of  that    justifies    the    discharge    of    the    jury. 

this  act.  Idem. 

Whenever    the    accused    has    been    placed  Whenever  a  trial  has  commenced,  whether 

126 


Sec.  7114 


CRIMINAL  PRACTICE 


1998 


for  misdemeanor  or  felony,  and  the  judge 
discovers  any  imperfection  which  will  ren- 
der a  verdict  void  or  voidable  by  him,  he 
may  stop  the  trial,  and  what  has  been  done 
will  be  no  impediment  in  the  way  of  any 
future  proceedings.  Idem. 

When  all  the  facts  are  agreed  upon  by 
counsel  and  the  only  question  is  whether, 
upon  the  agreed  facts,  the  defendant  had 
been  in  jeopardy,  it  was  held  that  the 
court  did  not  invade  the  province  of  the 
jury  by  giving  an  instruction  that  there  was 
no  evidence  to  sustain  a  plea  of  former  jeop- 
ardy. State  v.  Pritchard,  16  Nev.  102. 

Where   one   charged  with   murder   is   con- 


victed of  involuntary  manslaughter,  a  lower 
degree  of  homicide,  and  on  appeal  a  new 
trial  is  granted  him  because  of  a  mistrial 
in  the  first  instance  or  for  irregularity  or 
prejudicial  error  committed  against  him,  the 
reversal  and  remanding  sets  aside  the  result 
of  the  former  trial  and  leaves  accused  in 
the  same  position  as  if  he  had  never  been 
tried;  and  he  cannot  plead  former  acquittal 
of  crimes  of  a  greater  degree  than  the  one 
of  which  he  was  convicted.  In  re  Somers, 
31  Nev.  531  (135  A.  S.  700,  103  P.  1073). 

Under  such  circumstances,  accused  is 
estopped  from  pleading  rights  under  the 
constitution  (sec.  237,  ante).  Idem. 


7114.    When  defendant  refuses  to  plead  to  indictment,  plea  of  not  guilty 
to  l>e  entered. 

SEC.  264.  If  the  defendant  refuses  to  answer  the  indictment  by  demur- 
rer or  plea,  a  plea  of  not  guilty  must  be  entered. 

Kerr,  Pen.  C.,  1024. 

The  entry  of  a  plea  of  not  guilty  in  plead,  is  equivalent  to  a  plea  of  not  guilty, 
behalf  of  the  accused  by  the  clerk,  upon  the  State  v.  Williams,  31  Nev.  361  (102  P.  974). 
order  of  a  court  after  defendant's  refusal  to 


CHAPTER  24 

REMOVAL   OF  ACTION   BEFORE   TRIAL 


7.115.  Change  of  venue,  grounds  for. 

7116.  Application  for  removal,  how  made. 

7117.  Court    must    order    change    of    venue, 

when. 

7118.  Order  of  removal,  transmission  of. 


7119.  Proceedings  on  removal  when  defend- 

ant is  in  custody. 

7120.  Authority  of  court  to  which  action  is 

removed — Transmission    of    original 
papers. 


7115.    Change  of  venue,  grounds  for. 

SEC.  265.  A  criminal  action,  prosecuted  by  indictment,  may  be  removed 
from  the  court  in  which  it  is  pending  on  application  of  the  defendant  or 
state,  on  the  ground  that  a  fair  and  impartial  trial  cannot  be  had  in  the 
county  where  the  indictment  is  pending. 

Kerr,  Pen.  C.,1033. 

The  action  of  the  lower  court,  in  granting 
or  refusing  a  change  of  venue,  is  a  matter 
of  judicial  discretion.  If  that  discretion  is 
abused,  it  becomes  the  duty  of  an  appellate 
court  to  afford  relief.  State  v.  Millain,  3 
Xev.  409;  State  v.  McLane,  15  Nev.  345. 

Two  circumstances  should  influence  a  court 
to  grant  a  change  of  venue.  One,  the 
impossibility  of  obtaining  a  fair  and  impar- 
tinl  jury;  the  other,  such  a  state  of  public 
excitement  against  the  prisoner  as  would  be 
likely  to  overawe  and  intimidate  even  a  fair 
jury.  Idem. 

It  is  proper  for  a  district  judge  to  overrule 
a  motion  for  a  change  of  venue,  on  the 
ground  that  there  exists  in  the  community 
such  a  prejudice  that  the  accused  cannot 
obtain  an  impartial  trial,  until  it  can  be 
shown  by  an  examination  of  a  sufficient  num- 
ber of  jurors  that  a  fair  and  impartial  jury 
cannot  be  obtained.  State  v.  Gray,  19  Nev. 
212  (8  P.  456);  State  v.  Millain,  supra. 

Showing  for  change  of  venue — When 
insufficient.  State  v.  Lawry,  4  Nev.  161; 
State  v.  McLane,  supra. 


Under  this  section,  before  amendment,  it 
was  held:  Where,  in  the  case  of  a  person 
charged  with  crime,  the  prosecution  is 


unable,  on  account  of  public  prejudice 
against  him,  to  procure  a  competent  jury, 
and  the  prisoner  (who  alone  under  the 
statute  has  the  right)  refuses  to  apply  for 
a  change  of  venue,  it  is  proper  to  keep  the 
case  pending  until  a  jury  can  be  had,  and 
the  prisoner  cannot  complain  of  the  want 
of  a  speedy  trial.  Ex  Parte  Stanley,  4  Nev. 
114. 

The  fact  that  threats  were  made  against 
the  prisoner  by  parties  who  were  not  shown 
to  have  been  either  numerous  or  influential, 
was  not  sufficient  to  show  that  there  was 
danger  of  the  jury  being  intimidated.  State 
v.  Millain,  3  Nev.  409. 

Evidence  in  a  homicide  case  showing 
deceased  to  be  a  man  favorably  and  widely 
known  in  the  county  and  defendant  a 
stranger,  the  very  general  and  unqualified 
belief  in  the  county  in  defendant's  guilt  and 
a  bitter  feeling  against  him,  and  the  knowl- 
edge of  the  jurors  of  such  feeling  and  the 
possession  by  many  of  them  of  qualified 
opinions  as  to  his  guilt  which  would  require 
evidence  to  remove,  held  to  show  an  abuse 
of  discretion  in  refusing  a  change  of  venue, 
under  this  section.  State  v.  Dwyer,  29  Nev. 
421,  425  (91  P.  305). 


1999  CRIMINAL  PRACTICE  Sec.  7120 

To    require    a    change    of    venue    it    must  from  portions  of  the  county  where  the  vic- 

apj>ear    that    the    prejudice    against    accused  tim  of  accused  was  unknown,  and  where  the 

-reat    as   to   prevent   a   fair  trial,  and  crime  was  hardly  known  of  or  discussed,  the 

it   is  not  sutlicient  merely  to  show  that  great  refusal   to   grant  a   change   of   venue  on  the 

prejudice  exists  against  him.    State  v.  Casey,  ground  of  the  prejudice  against  accused  was 

:;:;    Xe\.  —  (117   P.   5).  not    erroneous.       Idem. 

\Vhere  there  was  a  great  feeling  against  A    motion     for     a     change     of    venue     is 

accused    in   the  town  where  the  offense  was  addressed    to    the    sound    discretion    of    the 

committed,    but    that    feeling    did    not    per-  trial    court,    and    where    it    is    possible    to 

meate    the    entire    county,    which    contained  secure  an    impartial  jury,  the  denial  of  the 

between     four    and    five    thousand    possible  motion     is     within     the     court's     discretion. 

.  and   many   of  the  jurors  were  drawn  Idem. 

7116.  Application  tor  removal,  how  made. 

SEC.  266.  The  application  for  removal  must  be  made  in  open  court,  and 
in  writing,  verified  by  the  affidavit  of  the  defendant  or  district  attorney, 
and  a  copy  of  said  affidavit  must  be  served  on  the  adverse  party  at  least 
one  day  prior  to  the  hearing  of  the  application;  provided,  the  application 
may  be  supported  or  opposed  by  other  affidavits  or  other  evidence,  or 
other  witnesses  may  be  examined  in  open  court.  Whenever  the  affidavit 
of  the  defendant  shows  that  he  cannot  safely  appear  in  person  to  make  such 
application  because  popular  prejudice  is  so  great  as  to  endanger  his  per- 
sonal safety,  and  such  statement  is  sustained  by  other  testimony,  such 
application  maybe  made  by  his  attorney,  and  must  be  heard  and  determined 
in  the  absence  of  the  defendant,  notwithstanding  the  charge  then  pending 
against  him  be  a  felony,  and  he  has  not  at  the  time  of  such  application 
been  arrested  or  given  bail,  or  been  arraigned,  or  pleaded  or  demurred  to 
the  indictment. 

Kerr.  Pen.  C.,  KKU. 

7117.  Court  must  order  change  of  vftnue,  when. 

SEC.  267.  If  the  court  is  satisfied  that  the  representations  of  the  appli- 
cant are  true,  an  order  must  be  made  transferring  the  action  to  the  district 
court  of  some  convenient  county  free  from  a  like  objection. 

Kerr.  IVn.  C.,  UK1,:,. 

Cited.  State  v.  Millain.  .'i  Nev.  4(51. 

7118.  Order  of  removal,  transmission  of. 

SEC.  268.  The  order  of  removal  must  be  entered  on  the  minutes,  and 
the  clerk  must  immediately  make  out  and  transmit  to  the  court  to  which 
the  action  is  removed  a  certified  copy  of  the  order  of  removal,  record,  plead- 
ings, and  proceedings  in  the  action,  including  the  undertakings  for  the 
appearance  of  the  defendant  and  of  the  witnesses. 

Kerr,  Pen.  C.,  1036. 

7119.  Proceeding's  on  removal  when  defendant  is  in  custody. 

SEC.  269.  If  the  defendant  is  in  custody,  the  order  must  direct  his 
removal  and  he  must  be  forthwith  removed  by  the  sheriff  of  the  county 
where  he  is  imprisoned,  to  the  custody  of  the  sheriff  of  the  county  to  which 
the  action  is  removed. 

Kerr,  Pen.  C.,1037. 

7120.  Authority  of  court  to  which  action  is  removed— Transmission  of 

original  papers. 

SEC.  270.  The  court  to  which  the  action  is  removed  must  proceed  to  trial 
and  judgment  therein  as  if  the  action  had  been  commenced  in  such  court. 
If  it  is  necessary  to  have  any  of  the  original  pleadings  or  other  papers 
before  such  court,  the  court  from  which  the  action  is  removed  must,  at  any 
time,  on  the  application  of  the  district  attorney  or  the  defendant,  order 


Sec.  7121  CRIMINAL  PRACTICE  2000 

such  papers  or  pleadings  to  be  transmitted  by  the  clerk,  a  certified  copy 
thereof  being  retained. 
Kerr,  Pen.  C.,1038. 

CHAPTER  25 
MODE  OF  TRIAL 

7121.  Issue  of  fact  defined. 

SEC.  271.    An  issue  of  fact  arises : 

1.  Upon  a  plea  of  not  guilty. 

2.  Upon  a  plea  of  former  conviction  or  acquittal  of  the  same  offense. 

3.  Upon  a  plea  of  once  in  jeopardy. 

Kerr,  Pen.  C.,  1041. 

The  issue  on  the  plea  of  former  acquittal  is  for  the  jury.     State  v.  Johnson,  11  Nev.  273,  27i».- 

7122.  Issue  of  fact,  how  tried. 

SEC.  272.  Issues  of  fact  must  be  tried  by  jury,  unless  a  trial  by  jury  be 
waived  in  cases  not  amounting  to  felony,  by  consent  of  both  parties 
expressed  in  open  court  and  entered  in  its  minutes.  In  cases  of  misde- 
meanor the  jury  may  consist  of  twelve,  or  any  number  less  than  twelve 
upon  which  the  parties  may  agree  in  open  court. 

Kerr,  Pen.  C.,  1042. 

See  State  v.  Johnson,  under  sec.  271  of  this  act. 

When  trial  is  begun.     State  v.  Jackman,  31  Nev.  511  (104  P.  13). 

7123.  When  presence  of  defendant  is  necessary  on  the  trial. 

SEC.  273.  If  the  prosecution  be  for  a  felony,  the  defendant  must  be 
personally  present  at  the  trial ;  but  if  for  misdemeanor,  the  trial  may  be 
had  in  the  absence  of  defendant ;  if,  however,  his  presence  is  necessary  for 
the  purpose  of  identification,  the  court  may,  upon  application  of  the  dis- 
trict attorney,  by  an  order  or  warrant,  require  the  personal  attendance  of 
the  defendant  at  the  trial. 

Kerr,  Pen.  G.,1043. 

CHAPTER  26 

FORMATION  OF  TRIAL  JURY — CALENDAR 

7124.  Formation  of  trial  jury.  7126.  Idem — Order  of  disposition  of  cases. 

7125.  Calendar  to  be  prepared  by  clerk.  7127.  Defendant  entitled  to  time  to  prepare 

for  trial. 

7124.  Formation  of  trial  jury. 

SEC.  274.  Trial  juries  for  criminal  actions  are  formed  in  the  same  man- 
ner as  trial  juries  in  civil  actions. 

Kerr,  Pen.  C.,1046. 

See  sec.  7129. 

Juries  in  civil  cases,  sec.  5204. 

General  statutes  relating  to  jurors  and  juries,  sees.  4925  4942. 

Jury  trial  secured  by  Const.,  sec.  232. 

It    is    competent    for    the    legislature    to  Cited,  State  v.  Johnson,  12  Nev.  134;  State 

point  out  the  mode  of  impaneling  juries,  and       v.  Crozier,  12  Nev.  300,  304. 
the  forms  of  the  common  law  in  procuring  Adjournment    of    court    while    jury    being 

a  jury  can  be  changed  and  made  subject  to       impaneled.     State  v.  Jackman,  31  Nev.   oil 
statutory  regulations.     State  v.  McClear,  11       (104  P.  13). 
Nev.  39.  Vacation  of  venire.     Idem. 

7125.  Calendar  to  be  prepared  by  clerk. 

SEC.  275.  The  clerk  must  prepare  a  calendar  of  all  criminal  actions 
pending  in  the  court,  enumerating  them  according  to  the  date  of  the  filing 
of  the  indictment,  specifying,  opposite  the  title  of  each  action,  whether 
such  action  is  for  a  felony  or  a  misdemeanor,  and  whether  the  defendant 
is  in  custody  or  on  bail. 

Kerr,  Pen.  C.,1047. 

See  sec.  4906. 

No  terms  of  district  court.     State  v.  Jackman,  31  Nev.  511  (104  P.  13). 


2001  CRIMINAL  PRACTICE  See.  7128 

7126.  Idem— Order  of  disposition  of  cases. 

SEC.  276.  The  issues  on  the  calendar  must  be  disposed  of  in  the  follow- 
ing order,  unless  for  good  cause  the  court  shall  direct  an  action  to  be  tried 
out  of  its  order : 

1.  Prosecutions  for  felony,  when  the  defendant  is  in  custody; 

2.  Prosecutions  for  misdemeanor,  when  the  defendant  is  in  custody; 

3.  Prosecutions  for  felony,  when  the  defendant  is  on  bail; 

4.  Prosecutions  for  misdemeanor,  when  the  defendant  is  on  bail. 

Kerr,  Pen.  C.,1048. 

7127.  Defendant  entitled  to  time  to  prepare  for  trial. 

SEC.  277.  After  his  plea,  the  defendant  is  entitled  to  at  least  two  days 
to  prepare  for  his  trial. 

Kerr,  IVn.  ('.,  1049. 

CHAPTER  27 

POSTPONEMENT    OF    TRIAL 

7128.  Postponement,  when  and  how  ordered. 

SEC.  278.  When  an  action  is  called  for  trial,  or  at  any  time  previous 
thereto,  the  court  may,  upon  sufficient  cause  shown  by  either  party  by 
affidavit,  direct  the  trial  to  be  postponed  to  another  day;  but  in  all  cases 
where  a  continuance  is  granted  upon  the  application  of  either  party  the 
court  may  require,  as  a  condition  of  granting  such  continuance,  that  the 
party  applying  therefor  consent  to  taking,  forthwith,  or  at  any  time  to  be 
fixed  by  the  court,  of  the  deposition  of  any  witness  summoned  by  the 
opposite  party  whose  deposition  has  not  previously  been  taken.  Such 
deposition  must  be  taken  in  the  same  manner  that  depositions  are  required 
to  be  taken  in  section  147  of  this  act.  The  court  also  has  authority  to 
require  all  witnesses  to  enter  into  undertakings  in  such  sum  as  the  court 
may  order,  with  or  without  sureties,  to  appear  and  testify  on  the  day  to 
which  the  case  may  be  continued;  provided,  that  any  witness  who  is 
unable  to  procure  sureties  for  his  attendance  may  be  discharged  on  his 
own  recognizance,  upon  giving  his  deposition  in  the  manner  prescribed  in 
section  147  of  this  act.  All  depositions  taken  in  pursuance  of  any  of  the 
provisions  of  this  act  may  be  read  in  evidence,  subject  to  the  legal  objec- 
tions made  at  the  time  of  taking  the  same,  on  the  trial  of  the  cause,  when- 
ever it  shall  appear  that  the  personal  attendance  of  the  witness  could  not, 
with  due  diligence,  be  obtained,  or  when  he  has  left  the  state,  or  become  of 
unsound  mind,  or  is  too  sick  or  infirm  to  attend,  or  is  dead. 

Kerr,  Pen.  C.,  WV_>. 

i  ontinuance  by  court  on  its  own  motion.  the    defendant   could   prove   the   same   facts 

State  v.  Lawry,  4  Nev.  161.  that  he  expected  to  prove  by  the  absent  wit- 

<  .'iitinuance.     When  a  prisoner  makes  out  ness.     State  v.  Marshall,  19  Nev.  240. 

;i    proper   case   for   continuance,   on    account  Continuance    within    discretion    of    court, 

of  the  absence  of  a  material  witness,  it   is  and  unless  there  is  an  abuse  of  its  discre- 

error   to  compel   him   to  go  to  trial   on  the  tion    its  action   will  be  sustained.     State  v. 

admission   of  the  district  attorney  that  the  Chapman,  (5  Nev.  320;  State  v.  EOsemurgey, 

witness,  if  present,  would  swear  to  the  facts  9  Nev.  308. 

MS  stated  by  the  defendant.     State  v.  Salge,  Objection    to    affidavit    for    continuance. 

2  Xev.  321;  State  v.  McLane,  35  Nev.  373.  Cannot   be   made   for  first  time  in   supreme 

Affidavit    for    continuance    in    a    criminal  court.     Idem. 

i-.-'se.  on  account  of  the  absence  of  witnesses,  Affidavit  should  show  diligence  on  part  of 

should    give    assurance    of   their   attendance  defense.     Idem. 

at  the  time  to  which  it  is  proposed  to.  con-  Continuance.     Affidavit     defective     when 

tinue,  and  show  the  means  of  affiant's  infor-.  does  not  show  due  diligence  to  produce  wit- 

niMtion;    and   unless    such    attendance    seems  nesses,    or   that   they   could   be   produced   at 

probable  the  continuance  should  be  denied.  subsequent    term.     State    v.    Gray,    19    Nev. 

state  v.  Rosemurgey,  9  Nev.  308.  212  (8  P.  456). 

Continuance — Absence  of  witness — Affida-  When   attachment  to  bring  witness  in   is 

vit.     Fatally  defective  when  it  fails  to  show  offered   by   the   court,   continuance   properly 

that   there   are   not   other  persons   by   whom  refused  if  insisted  upon.     Idem. 


Sec.  7129 


CRIMINAL  PRACTICE 


2002 


Continuance  properly  refused.  Affidavit 
fails  to  show  testimony  of  absent  witnesses 
material,  or  that  an  effort  had  been  made 
to  procure  their  attendance.  State  v.  Davis, 
14  Nev.  407. 

Affidavit  for  continuance — Material  facts 
to  be  stated  positively.  State  v.  O'Flaherty, 
7  Nev.  153. 

Practice  on  refusal  of  continuance.     Idem. 

Although  the  prisoner  may  not  have 
made  out  a  very  clear  case  for  a  continuance, 
still  if  the  court  was  of  opinion  that  injus- 
tice was  done  the  prisoner  because  of  the 
absence  of  his  witness,  it  was  justified  in 
granting  a  new  trial.  State  v.  Salge,  2 
Nev.  321. 

This  section  confers  upon  the  courts  the 
right  to  continue  the  trial  of  a  criminal  case 
upon  a  proper  showing  by  affidavit;  but 


if  the  fact  authorizing  a  continuance  is 
within  the  judicial  knowledge  of  the  court, 
such  as  the  impossibility  of  impaneling  a 
jury  at  the  term,  an  affidavit  is  unnecessary. 
Ex  Parte  Stanley,  4  Nev.  113,  117. 

If  the  prosecution  in  a  criminal  case 
makes  all  reasonable  efforts  to  impanel  a 
jury  at  the  first  term  at  which  the  case  is 
triable,  but  without  success,  and  it  does  not 
appear  that  a  jury  could  not  be  had  at  the 
next  term,  there  is  good  cause  for  a  con- 
tinuance on  its  motion  for  the  term.  Idem. 

An  affidavit  for  continuance  on  the 
ground  of  the  absence  of  a  witness  is 
fatally  defective  when  it  fails  to  show  that 
there  are  not  other  persons  by  whom  the 
defendant  could  prove  the  same  facts  that 
he  expected  to  prove  by  the  absent  witness. 
State  v.  Antone,  19  Nev.  240  (8  P.  672). 


CHAPTER  28 
CHALLENGING  THE   JURY 


7129.  Challenge  to  juror  defined. 

7130.  Joint  defendants  to  join  in  challenges. 

7131.  Jury  panel  defined. 

7132.  Challenge  to  the  panel  defined. 

7133.  Idem — Grounds  for. 

7134.  Challenge    to    panel,    when    and    how 

taken. 

7135.  Exception  to  challenge — Trial  of  suffi- 

ciency of  challenge. 

7136.  If  challenge  found  sufficient — Amend- 

ment. 

7137.  Denial    of    challenge,    how    entered — 

Trial  of. 

7138.  Challenge  for  bias  of  officer,  how  made 

and  tried. 

Effect  of  allowing  or  disallowing  chal- 
lenge to  panel. 

Defendant  to  be  informed  of  right  to 
challenge. 

Challenge  to  individual  jurors. 

Idem — When  to  be  taken. 


7139. 


7140. 


7141 
7142 


7143.  Peremptory    challenge    defined  —  How 

taken. 

7144.  Idem — Number  allowed  defendant  and 

state. 

7145.  Challenge    for    cause,    general    or    par- 

ticular. 

7146.  General  causes  of  challenge. 

7147.  Particular  causes  of  challenge  for  bias. 

7148.  Challenge    for    implied    bias,    grounds 

for. 

7149.  Exemption  is  privilege,  not  cause  for 

challenge. 

7150.  Challenge  for  implied  and  actual  bias, 

how  taken. 

7151.  Exception  to  challenge,  denial. 

7152.  Trial  of  challenge. 

7153.  Idem — Juror  as  witness. 

7154.  Other  witnesses — Rules  of  evidence. 

7155.  Idem — Court  to  allow  or  disallow  chal- 

lenge. 

7156.  Order  of  taking  challenges  for  cause. 

7157.  Idem — Order  of  challenges. 

7158.  Peremptory  challenges,  order  of  taking. 

7129.  Challenge  to  juror  defined. 

SEC.  279.  A  challenge  is  an  objection  made  to  the  trial  jurors,  and  is  of 
two  kinds: 

1.  To  the  panel; 

2.  To  an  individual  juror. 

Kerr,  Pen.  C.,1055. 

7130.  Joint  defendants  to  join  in  challenges. 

SEC.  280.  When  several  defendants  are  tried  together,  they  cannot  sever 
their  challenges,  but  must  join  therein. 

Kerr,  Pen.  C.,  1056. 

A  similar  provision  in  the  law  of  Calif  or-  can  be  insisted  on,  as  a  matter  of  right, 
nia  was  held  to  apply  to  peremptory  chal-  unless  all  the  defendants  on  trial  unite  in 
Icnges,  and  it  follows  that  no  such  challenge  making  it.  State  v.  McLane,  15  Nev.  .">5s, 

359. 

7131.  Jury  panel  defined. 

SEC.  281.  The  panel  is  a  list  of  jurors  returned  by  the  proper  officer  to 
serve  at  a  particular  court,  or  for  the  trial  of  a  particular  action. 

Kerr,  Pen.  C.,1057. 


2003 


CRIMINAL  PRACTICE 


Sec.  7135 


7132.  Challenge  to  the  panel  defined. 

SEC.  282.  A  challenge  to  the  panel  is  an  objection  made  to  all  the  jurors 
returned,  and  may  be  taken  by  either  party. 

Kerr,  Pen.  C.,  1058. 

Challenge  to  panel,  State  v.  Johnny,  21  NYv.  1'U",  (S7  P.3)j  State  v.  .laekman,  HI  Nev.  oil 
(104  P.  13);  State  v.  Williams,  .'51  Nev.  :'><«>  (10:.*  P.  974). 

7133.  Idem— (i rounds  for. 

SEC.  283.  A  challenge  to  the  panel  can  be  founded  only  on  a  material 
departure  from  the  forms  prescribed  by  statute  in  respect  to  the  drawing 
and  return  of  the  jury,  or  on  the  intentional  omission  of  the  proper  officer 
to  summon  one  or  more  of  the  jurors  drawn. 

Kerr,  Pen.  C.,  1059. 


Where  the  defendant  interposed  a  dial 
Irii^e  to  tln>  panel  umler  This  section,  and 
then-  is  nothing  in  the  record  to  show  that 
any  evidence  was  offered  in  support  of  the 
challenge,  it  was  held  that  the  challenge 
should  he  disallowed,  as  a  matter  of  course. 
State  v.  K'i--.  1H  Nev.  I'M. 

Cited.  State  v.  S<[iiaires.  L'    .\ev.  >2'27.  230. 

A  challenge  to  the  panel  ot'  jurors,  upon 
the  ground  that  one  juror  expressed  actual 
bias  against  the  prisoner  and  other  jurors 
expressed  themselves  in  such  a  manner  as 
to  imply  bias  upon  their  part,  and  that  tin- 
law  permitting  said  .jurors  to  he  ot'  the  panel, 
is  unconstitutional,  cannot  be  considered  as 
an  objection  to  the  panel  of  jurors.  State 
v.  Raymond,  11  Nev.  <>!>,  106. 

A  challenge  in  \\ritin-  to  a  panel  of  addi- 
tional jurors,  summoned  upon  an  open  venire 
directed  to  the  sherilV.  on  the  -round  "that 
the  deputy  sherifV  who  summoned  forty  of 
said  jurors  was  biased  against  defendant." 
was  held  insufficient  in  failing  to  state 
whether  it  wa^  taken  for  Implied  or  actual 
bias.  State  \.  Gray,  19  Nev.  212,  217  (8  P. 


When  the  facts  upon  which  a  challenge 
are  disputed,  the  proper  course  is  to 
submit  the  question  to  triers;  but  if  neither 
of  the  parties  ask  for  triers  to  settle  the 
issue  of  fact  and  submit  the  evidence  to  the 
judge,  and  take  his  determination  thereon, 
the  decision  will  be  treated  as  would  the 
decision  of  triers — as  final— and  not  sub- 
ject to  exceptions  or  review  upon  appeal. 
Idem. 

After  reciting  the  issuance  of  venire  and 
vacation  of  order  for  venire  and  various 
orders  in  reference  to  the  same,  it  was  held 
that,  conceding  i rregula rity,  there  was  not 
a  material  departure  of  the  forms  provided 
by  Mat  nte  in  respect  to  the  drawing  and 
ret  hi  n  of  the  jury,  expressly  made  grounds 
for  challenge  by  this  section;  material 
departures  bein-  <»nly  such  as  affect  the 
substantial  rights  of  a  defendant  in  secur- 
ing an  impartial  jury.  State  v.  Jackman, 
31  Nev.  oil',  51!)  (104  P,  1:5). 

It  is  within  the  discretion  of  the  court 
to  vacate  an  order  under  which  a  venire  has 
issued  before  the  return  day  thereof.  Idem. 


71.-M-.    Challenge  to  panel,  when  and  how  taken. 

SEC.  284.  A  challenge  to  the  panel  must  be  taken  before  a  juror  is 
sworn,  and  must  be  in  writing  or  be  noted  by  the  stenographer,  if  there  be 
one,  and  must  plainly  and  distinctly  state  the  facts  constituting  the  ground 
of  challenge. 

Kerr,  Pen.  C.,  10(30. 

A  challenge  to  the  panel  of  trial  jurors 
must  be  in  writing,  specifically  stating  the 
grounds  of  challenge  or  other  facts  on  which 
the  challenge  is  based.  State  v.  Millain,  3 
Nev.  411,  459. 

Cited,  State  v.  Kaymond,  11  Nev.  106; 
State  v.  Hamilton,  13  Nev.  389. 

The  proper  practice  is  to  dispose  of  each 
challenge  in  the  order  named  in  the  statute, 
if  there  is  no  challenge  to  the  panel,  or  if 

7135.    Exception  to  challenge— Trial  of  sufficiency  of  challenge. 

SEC.  285.  If  the  sufficiency  of  the  facts  alleged  as  ground  of  the  chal- 
lenge is  denied,  the  adverse  party  may  except  to  the  challenge.  The  excep- 
tion need  not  be  in  writing,  but  must  be  entered  on  the  minutes  of  the  court 
or  of  the  stenographer,  if  there  be  one,  and  thereupon  the  court  must  pro- 
ceed to  try  the  sufficiency  of  the  challenge,  assuming  the  facts  alleged 
therein  to  be  true. 

Kerr,  Pen.  C.,  1061. 

Cited,  State  v.  Baker,  8  Nev.  146. 


it  is  made  or  overruled,  questions  apper- 
taining alone  to  general  disqualification 
should  then  be  asked,  and  a  challenge  for 
that  cause  interposed  or  waived;  next,  ques- 
tions competent  in  view  of  a  challenge  for 
implied  bias  only  should  be  propounded,  and 
a  challenge  for  that  cause  interposed  or 
waived;  and  last,  the  same  course  should  be 
pursued  for  actual  bias.  State  v.  Davis,  14 
Nev.  440  (33  A.  E.  563). 


Sec.  7136  CRIMINAL  PRACTICE  2004 

7136.  If  challenge  found  sufficient— Amendment. 

SEC.  286.  If,  on  the  exception,  the  court  finds  the  challenge  sufficient,  it 
may,  if  justice  requires  it,  permit  the  party  excepting  to  withdraw  his 
exception  and  to  deny  the  facts  alleged  in  the  challenge.  If,  the  exception 
is  allowed,  the  court  may,  in  like  manner,  permit  an  amendment  to  the 
challenge. 

Kerr,  Pen.  C.,  1062. 

Cited,  State  v.  Hartley,  22  Nev.  354  (28  L.  R.  A.  33,  40  P.  372). 

7137.  Denial  of  challenge,  how  entered— Trial  of. 

SEC.  287.  If  the  challenge  is  denied,  the  denial  may  be  oral  and  must  be 
entered  on  the  minutes  of  the  court,  or  be  noted  by  the  stenographer,  and 
the  court  must  proceed  to  try  the  question  of  fact,  and  upon  such  trial  the 
officers,  whether  judicial  or  ministerial,  whose  irregularity  is  complained 
of,  as  well  as  any  other  person,  may  be  examined  to  prove  or  disprove  the 
facts  alleged  as  the  ground  of  the  challenge. 

Kerr,  Pen.  C.,  1063. 

Cited,  State  v.  Baker,  8  Nev.  146. 

7138.  Challenge  for  bias  of  officer,  how  made  and  tried. 

SEC.  288.  When  the  panel  is  formed  from  persons  whose  names  are  not 
drawn  as  jurors,  a  challenge  may 'be  taken  to  the  panel  on  account  of  any 
bias  of  the  officer  who  summoned  them,  which  would  be  good  ground  of 
challenge  to  a  juror.  Such  challenge  must  be  made  in  the  same  form,  and 
determined  in  the  same  manner,  as  if  made  to  a  juror. 

Kerr,  Pen.  C.,1064. 

See  State  v.  Gray,  under  sec.  283  of  this  act. 

7139.  Effect  of  allowing*  or  disallowing-  challenge  to  panel. 

SEC.  289.  If,  either  upon  exception  to  the  challenge  or  a  denial  of  the 
facts,  the  challenge  is  allowed,  the  court  must  discharge  the  jury,  so  far  as 
the  trial  in  question  is  concerned.  If  it  is  disallowed,  the  court  must  direct 
the  jury  to  be  impaneled. 

Kerr,  Pen.  C.,  1065. 

7140.  Defendant  to  be  informed  of  right  to  challenge. 

SEC.  290.  Before  a  juror  is  called,  the  defendant  must  be  informed  by 
the  court,  or  under  its  direction,  that  if  he  intends  to  challenge  an  individ- 
ual juror,  he  must  do  so  when  the  juror  appears  and  before  he  is  sworn. 

Kerr,  Pen.  C.,1066. 

See  State  v.  Marx,  under  sec.  292  of  this  in    the    box.     The    state  'interposed    several 

act.  challenges,  and  as  often  as  a  juror  was  chal- 

The  bill  of  exceptions  shows  that  A.  and  lenged  another  name  was  drawn,  thus  keep- 
eleven  other  jurors  were  examined  and  ing  the  panel  full.  When  the  state  ceased 
passed  by  both  parties,  for  cause,  and  were  challenging,  no  challenge  had  been  taken 
in  the  box,  when  inquiry  was  made  of  coun-  by  appellant,  and  he  then  challenged  A.  It 
sel  for  appellant  whether  he  had  any  per-  was  held  that  the  court  erred  in  disallowing 
emptory  challenges;  that  appellant  then  this  challenge  (Hawley,  J.,  dissenting), 
refused  to  exercise  his  right,  and  thereafter  State  v.  Pritchard,  15  Nev.  75. 
passed  his  challenge  several  times,  and  did  The  facts  stated  in  the  bill  of  exceptions 
so  after  notice  from  the  court  that,  in  so  did  not  constitute  a  waiver  on  the  part  of 
passing  his  challenge,  he  would  be  consid-  the  defendant  to  interpose  a  challenge  to 
ered  as  having  accepted  all  the  jurors  then  the  juror  A.  at  any  time  before  the  jury 

was   sworn  (Hawley,'  J.,   dissenting).     Idem. 

7141.  Challenge  to  individual  jurors. 

SEC.  291.     A  challenge  to  an  individual  juror  is  either: 

1.  Peremptory;  or, 

2.  For  cause. 

Kerr,  Pen.  C.,  1067. 


2005  CRIMINAL  PRACTICE  Sec.  7145 

7142.  Idem— When  to  be  taken. 

SEC.  292.  A  challenge  to  an  individual  juror  must  be  taken  when  the 
juror  appears  and  before  he  is  sworn,  but  the  court  may,  for  good  cause, 
permit  it  to  be  taken  after  the  juror  is  sworn  and  before  the  jury  is 
completed. 

Kerr,  Pen.  C..  lor.s. 

See  State  v.  Pritchard,  under  see.  290  of  The  fact  that,  after  a  verdict  of  guilty  has 

this  act.  lieen  rendered,  the  accused  ascertains  for  the 

The  allowance  of  a  peremptory  challenge  Hist    tiim>  that  before  the  jury  was  impan- 

to  a  juror  who  has  been  accepted  and  sworn  eled   a   jury    had   formed   and   expressed   an 

is  not  a  matter  of  right,  and  refusal  to  allow  opinion  as  to  his  guilt,  is  not  a  ground  for 

it   is  not  error,     state   v.   Anderson,  4   Nov.  a  new  trial.     State  v.  Marx,  15  Nev.  33,  36. 

I'li.'i.  i>7.~.  ruder  the  common   law,  the  statutes  and 

Whenever    it    appears   from   the   examina-  the  constitution,  the  defendant  may  waive 

rinn    of  a   juror   upon    his  voir  dire  that  he  his  objections  to  the  qualifications  of  jurors; 

i-   disqualified,  the  challenge  must  be  inter-  and  if  he  fails  to  challenge  before  the  jury 

posed    before   he    is    sworn;    but    these    pro-  is    completed,    knowing    of    the    disqualifica- 

visions  have  no  application  to  a  case  where  tion,  he  waives  his  objections,  and  is  estop- 

ihe   disqualification    or   incompetency  of  the  ped    t'rom    demanding,  as  a  matter  of  right, 

juror   is   not   without  any  fault  of  the  chal-  a  new  trial  on  the  ground  of  such  disqualifi- 

li'imiim     party,    discovered    until    after    the  cation;  and  in  contemplation  of  the  constitu- 

juiy    is    completed.     State   v.    Pritchard,    1(5  tion.  he  has  not  in  such  case  constitutional 

Nev.  102,  113.  -rounds   for  the   objection  that  he  has  not 

The    di-chariM-    of    an    incompetent    juror  Been   tried  by  a  constitutional  jury.     State 

arter   the   jury    is   sworn,   does   not  create  a  v.    Hartley,  22  Nev.  342,  355,  356(28  L.  E. 

necessity    for   the    discharge    of   the    eleven  A.  :::'.,  40  P.  372). 
remaining  competent   jurors.     Idem. 

7143.  IVremptor.v  challenge  dctinnl— How  taken. 

SEC.  293.  •  A  peremptory  challenge  can  be  taken  by  either  party,  and 
may  be  oral.  It  is  an  objection  to  a  juror  for  which  no  reason  need  be 
given,  but  upon  which  the  court  must  exclude  him. 

Kerr,  Pen.C.,  KM;«I. 

There  is  a  broad  distinction  l»et\\een  chal  On   appeal,  a  party  cannot  complain  of  a 

1  en  yes   for  bias  and   peremptory  challenges.  ruling  of  the  court  in  denying  his  challenge 

The    former    challenges    exist    as    matter    of  to  a  juror  for  cause  if  it  appear  that,  when 

right.     The  latter  is  by  favor  of  the  legis-  the  jury  was  completed,  his  peremptory  chal- 

laTure     onlv.     The     number    of    peremptory  lenges    had    not    been    exhausted.     State    v. 

challenges  "has    always    been    regulated    by  Hartley,  22  Nev.  342  (28  L.  E.  A.  33,  40  P. 

statute.     State  v.  McClear,  11  Nev.  39,  49;  372). 

state  v.  Crozier,    12  Nev.  304.  Cited,  State  v.  Millain,  3  Nev.  459. 

7144.  Idem— Number  allowed  defendant  and  state. 

SEC.  294.  The  defendant  and  the  state  shall  each  be  entitled  to  peremp- 
tory challenges  as  follows : 

1.  If  the  offense  charged  is  punishable  with  death  or  by  imprisonment 
for  life,  to  the  number  of  eight  (8). 

2.  If  the  offense  charged  is  other  than  those  above  mentioned,  to  the 
number  of  four  (4). 

Kerr,  Pen.  C.,  1070. 

If   a   juror*  is   challenged   for   cause,   that  party  was  compelled  to  exhaust  all  his  per- 

ehallenge  is  overruled,  and  he  is  then  chal-  emptory  challenges,  and  afterwards  have  an 

ini-ed  peremptorily,  there  does  not  necessar-  objectionable  juror  placed  on  the  panel  for 

ily    arise    any    inference   that   the    challeng-  want   of   another   challenge.     State   v.   Kay- 

in-     party    is    thereby    injured.     An    injury  mond,  11  Nev.  107,  108. 

could    only    arise    in    case    the    challenging  See  State  v.  Pritchard,  under  sec.  290  of 

this  act. 

7145.  Challenge  for  cause,  general  or  particular. 

SEC.  295.  A  challenge  for  cause  may  be  taken  by  either  party.  It  is  an 
objection  to  a  particular  juror,  and  is  either: 

1.  General,  that  the  juror  is  disqualified  from  serving  in  any  case;  or, 

2.  Particular,  that  he  is  disqualified  from  serving  in  the  action  on  trial. 

Kerr,  Pen.  C.,  1071. 


Sec.  7146  CRIMINAL  PRACTICE  2006 

Citizenship  of  juror.  State  v.  Salge,  1  A  juror  was  excused  upon  the  ground  that 

Nov.  455.  he  entertained  such  conscientious  opinions 

The  supreme  court  cannot  review  the  concerning  capital  punishment  as  would  pre- 

action  of  the  court  below  in  disallowing  a  elude  his  finding  defendant  guilty  of  offense 

challenge  for  cause  when  the  party  object-  punishable  with  death;  it  was  held  that  the 

ing  makes  no  specification  as  to  the  nature  objection  to  the  juror  did  not  go  to  the  gen- 

of  the  objection  upon  which  he  interposes  eral  cause  of  challenge,  that  he  was  dis- 

the  challenge.  The  party  challenging  should  qualified  from  serving  in  any  case,  but  to 

specify  the  grounds  of  his  challenge.  State  the  particular  cause  that  he  was  disqualified 

v.  Squaires,  2  Nev.  227;  State  v.  Chapman,  6  from  serving  on  the  case  on  trial.  State  v. 

Nev.  320,  327.  Hing,  16  Nev.  307,  310. 

7146.  General  causes  of  challenge. 

SEC.  296.     General  causes  of  challenge  are : 

1.  A  conviction  for  felony; 

2.  A  want  of  any  of  the  qualifications  prescribed  by  law  to  render  a  per- 
son a  competent  juror; 

3.  Unsoundness  of  mind,  or  such  defect  in  the  faculties  of  the  mind  or 
the  organs  of  the  body  as  render  him  incapable  of  performing  the  duties 
of  a  juror. 

Kerr,  Pen.  C.,1072. 

7147.  Particular  causes  of  challenge  for  bias. 

SEC.  297.    A  particular  cause  of  challenge  is : 

1.  For  such  a  bias  as,  when  the  existence  of  the  facts  is  ascertained,  in 
judgment  of  law,  disqualifies  the  juror,  and  which  is  known  in  this  act  as 
implied  bias; 

2.  For  the  existence  of  a  state  of  mind  on  the  part  of  the  juror  which 
leads  to  a  just  inference,  in  reference  to  the  case,  that  he  will  not  act  with 
entire  impartiality,  which  is  known  in  this  act  as  actual  bias. 

Kerr,  Pen.  C.,  1073. 

It  is  not  within  the  power  of  the  legisla-  secure  to  the  defendant  and  the  state  a  fair 

ture  to  deprive  a  citizen  accused  of  crime  of  and  impartial  jury.     Idem, 

the  right  to  challenge  a  juror  for  actual  bias.  A  juror  who  states  that  in  a  case  where 

State  v.  McClear,  11  Nev.  44,  45,  67.  the  punishment  is  death,  he  would  not  find 

The    right   to    challenge    for    implied   bias  the    defendant    guilty    upon    circumstantial 

may,   to   some   extent,   be   regulated  by  the  evidence  is  an  incompetent  juror.     State  v. 

legislature,  care  being  always  taken  to  pre-  Pritchard,    15    Nev.    74;    State    v.    Hing,    16 

serve  inviolate  the  right  of  trial  by  a  jury  Nev.  307. 

of  twelve  impartial  men.     Idem.  The  allowing   of   challenges  by  the   court 

The  great  purpose  of  the  right  to  challenge  for   implied   bias   is   not   subject   to   review, 

a  juror  for  actual  or  implied  bias,  is  to  State  v.  Larkin,  11  Nev.  314;  State  v.  Pritch- 
ard, 15  Nev.  74;  16  Nev.  101;  State  v.  Hing, 
.!(>  Nev.  307. 

7148.  Challenge  for  implied  bias,  grounds  for. 

SEC.  298.    A  challenge  for  implied  bias  may  be  taken  for  all  or  any  of 
the  following  causes,  and  for  no  other : 

1.  Consanguinity  or  affinity  within  the  fourth   degree  to  the  person 
alleged  to  be  injured  by  the  offense  charged,  or  on  whose  complaint  the 
prosecution  shall  have  been  instituted,  or  to  the  defendant; 

2.  Standing  in  the  relation  of  guardian  and  ward,  attorney  and  client, 
master  and  servant,  landlord  and  tenant,  debtor  and  creditor;   or  being  a 
member  of  the  family  of  the  defendant,  or  of  the  person  alleged  to  be 
injured  by  the  offense  charged,  or  on  whose  complaint  the  prosecution  shall 
have  been  instituted,  or  in  the  employment  of  any  such  parties ; 

3.  Being  a  party  adverse  to  the  defendant  in  a  civil  action,  or  having 
complained  against  or  being  accused  by  him  in  a  criminal  prosecution ; 

4.  Having  served  on  the  grand  jury  which  found  the  indictment,  or  on  a 
coroner's  jury  which  inquired  into  the  death  of  a  person  whose  death  is  the 
subject  of  the  indictment; 

5.  Having  seryed  on  a  trial  jury  which  has  tried  another  person  for  the 
offense  charged  in  the  indictment; 


2007 


CRIMINAL  PRACTICE 


Sec.  7148 


6.  Having  been  one  of  a  jury  formerly  sworn  to  try  the  same  charge, 
and  whose  verdict  was  set  aside,  or  which  was  discharged  without  a  verdict, 
after  the  case  was  submitted  to  it ; 

7.  Having  served  as  a  juror  in  a  civil  action  brought  against  the  defend- 
ant for  the  act  charged  as  an  offense ; 

8.  Having  formed  or  expressed  an  unqualified  opinion  or  belief  that  the 
prisoner  is  guilty  or  not  guilty  of  the  offense  charged ; 

9.  If  the  offense  charged  is  punishable  with  death,  the  entertaining  of 
such  conscientious  opinions  as  would  preclude  his  finding  the  defendant 
guilty ;  in  which  case  he  must  neither  be  permitted  nor  compelled  to  serve 
as  a  j  uror ; 

10.  Because  he  is,  or  within  the  year  preceding  has  been,  engaged  or 
interested  in  carrying  on  any  business,  calling,  or  employment  the  carrying 
on  of  which  is  a  violation  of  law,  where  the  defendant  is  indicted  for  a 
like  offense; 

11.  Because  he  has  been  a  witness,  either  for  or  against  the  defendant, 
on  the  preliminary  trial  or  before  the  grand  jury. 

Kerr,  Pen.  ('..  1<>71. 

See  State  v.  McClear,  under  sec.  297  of 
this  act. 

When  then-  is  any  probability  that  a  juror 
is    disqualified,    ami    the   court    is   unable   tp 
determine    it    liy    reason    of    the    inability    to 
establish    the    fact    that    constitutes  such    dis- 
qualification, it  is  not  required  to  ha/.ard  the 
regularity    of   its    proceedings  by  permitting       juror 
such  person  to  sit  as  a  juror,  but  may  excuse       1  I:1., 
him   at   anv  time   iiefore  he  is  charged  with 
the  case,    'state  v.  Kelly,  1  Nev.  224. 

•Tnqualified  opinion  or  belief"  com- 
mented on.  State  v.  Millain,  3  Nev.  409, 
li>  430. 


guilt  or  innocence.  It  was  held  that  a  chal- 
lenge to  the  juror,  for  implied  'bias,  was 
properly  disallowed.  State  v.  Carrick,  16 
Nev.  l_<). 

A    juror    who    states    that    he    would    not 
convict   a  defendant  in  a  capital  case  on  cir- 
cumstantial     evidence     is     an     incompetent 
State  v.  Pritchard,  16  Nev.  101,  108, 


When  the  defendant  challenges  a  juror 
for  implied  bias,  he  must  specify  the  pa  r 
ticular  ^rounds  upon  which  he  bases  his 
challenge.  State  v.  Raymond,  11  Nev.  !»«». 
106. 

A  juror  who  has  formed  and  expressed  an 


If  a  challenge  be  made  for  implied  bias, 
it  is  properly  overruled  unless  it  set  forth 
the  -round  upon  which  the  challenge  is 
made.  State  v.  Gray,  19  Nev.  212,  218  (8  P. 
156);  State  v.  Vaughan,  22  Nev.  2*5,  29(5 
(39  I*.  733), 

Where  some  answers  of  a  jury  to  ques- 
tions by  defendant's  counsel  tended  to  show 
that  a  juror  had  formed  an  opinion  con- 
cerning the  guilt  or  innocence  of  defend- 
ant from  what  he  had  heard  on  the  street, 


opinion  that  was  not  unqualified,  is  not  a  but  he  stated  that  he  had  not  formed  any 

opinion,  it  was  not  error  not  to  remove  such 
juror.  State  v.  Simas,  25  Nev.  434  (62  P. 
242). 

Where  a  juror  testified  that  he  had  formed 
an  opinion  concerning  the  guilt  or  innocence 
of  defendant  from  what  he  had  read  in  the 
newspapers;  that  he  would  be  wholly  gov- 
erned by  the  evidence  given  in  the  case,  and 
disregard  any  opinion  that  he  may  have 
formed  from  newspaper  accounts;  and  that 
he  had  no  prejudice  or  bias  for  or  against 
defendant,  and  knew  of  no  reason  why  he 
could  not  give  him  a  fair  trial,  it  was  not 
error  not  to  remove  such  juror.  Idem. 

The. formation  or  expression  of  an  unquali- 
fied opinion,  when  shown  not  to  have  been 
based  on  newspaper  accounts  alone,  renders 
a  juror  incompetent,  though,  in  response 
to  a  question  of  the  court,  he  says  that  he 
can  put  aside  what  he  has  heard  and  read 
and  give  the  defendant  an  impartial  trial. 
State  v.  Eoberts,  27  Nev.  448,  468  (17  P. 
598). 

The  expressing  of  an  unqualified  opinion 
touching  the  guilt  or  innocence  of  the 
defendant,  when  such  opinion  is  not  based 
solely  on  newspaper  reports,  is  a  disquali- 


disqualified  juror,  especially  when  he  declares 
that  he  did  not  entertain  any  deliberate  or 
tixed  opinion  or  belief  as  to  the  guilt  or 
innocence  of  the  defendant.  Idem. 

See  State  v.  King,  under  sec.  295  of  this 
act. 

A  mere  suspicion  in  the  mind  of  a  juror 
that  the  defendant  is  guilty  does  not  dis- 
qualify him  from  sitting  on  a  petit  jury, 
especially,  if  that  suspicion  mainly  arises 
from  the  examination  to  which  he  is  sub- 
jected by  the  prisoner's  counsel  touching  his 
qualification  as  a  juror.  It  is  only  an 
unqualified  opinion  that  disqualifies.  State 
v.  Millain,  3  Nev.  409. 

The  fact  that  a  juror  had  formed  an 
unfavorable  opinion  of  defendant's  charac- 
ter will  not  sustain  a  challenge  for  implied 
bias.  State  v.  Davis,  14  Nev.  440. 

The  allowing  of  challenges  by  the  court 
for  implied  bias  is  not  subject  to  review 
(State  v.  Larkin,  11  Nev.  314,  affirmed). 
State  v.  Pritchard,  15  Nev.  74,  80. 

A  juror  stated  that  he  had  an  unqualified 
opinion  that  there  was  a  deficiency  in  the 
accounts  of  the  defendant,  as  county  treas- 
urer, but  had  no  opinion  as  to  defendant's 


See,  7149  CRIMINAL  PRACTICE  2008 

fication    of   a    juryman,   regardless,  of   what  A  challenge  to  a  juror,  who  on  voir  dire 

opinion  the  talesman  may  actually  have  at  admitted    that    he    entertained    a    prejudice 

the    time     of     his     examination.       State    v.  against  the   defense   of   hereditary   insanity 

Dwyer,  29  Nev.  421,  425  (91  P.  305).  and    acute    alcoholic    insanity    and    did    not 

In  determining  the  condition  of  a  juror's  believe   in   their   existence,   but   who   stated 

mind    as    to    his    qualifications,    all    of    his  that  if  legal  insanity  was  shown  by  the  evi- 

examination  on  voir  dire  should  be  consid-  dence   and   the   instructions,    he   would   give 

ered.    and    doubts    as    to    his    qualification  proper   credit  to  the   defense,   was   properly 

resolved    in    favor    of    accused.       State    v.  denied.     Idem. 
Casey,  34  Nev. —  (117  P.  5).  The  existence  of  a  mere  abstract  opinion 

A  challenge  to  a  juror,  who  on  voir  dire  of  a  juror,  in  which  no  element  of  malice  or 
testified  that  he  entertained  an  opinion  of  unnecessary  prejudice  enters,  does  not 
which  he  could  lay  aside  without  any  evi-  form  a  just  ground  for  the  rejection  of  the 
dence,  and  that  he  could  determine  the  juror,  though  he  admits  that  the  defense  of 
case  according  to  the  evidence  and  the  insanity,  owing  to  its  abuse,  raises  a  feel- 
instructions,  and  that  he  had  nat  expressed  ing  of  hostility  to  accused,  and  where  the 
any  opinion,  but  that  he  had  at  the  present  evidence  shows  that,  notwithstanding  his 
time  some  belief  on  the  guilt  or  innocence  feeling  against  the  defense,  the  juror  will 
of  accused,  based  on  what  he  had  heard,  be  guided  by  the  testimony,  uninfluenced 
was  properly  denied.  Idem.  by  any  bias,  he  is  competent.  Idem. 

7149.  Exemption  is  privilege,  not  cause  for  challenge. 

SEC.  299.  An  exemption  from  service  on  a  jury  is  not  a  cause  for  chal- 
lenge, but  the  privilege  of  the  person  exempted. 

Kerr,  Pen.  C.,  1075. 

Exemption  from  jury  duty,  sees.  3356,  4016,  4932,  4941,  4612. 

7150.  Challenge  for  implied  and  actual  Was,  how  taken. 

SEC.  300.  In  a  challenge  for  implied  bias,  one  or  more  of  the  causes 
stated  in  section  298  must  be  alleged.  In  a  challenge  for  actual  bias,  it 
must  be  alleged  that  the  juror  is  biased  against  the  party  challenging  him ; 
but  no  person  shall  be  disqualified  as  a  juror  by  reason  of  having  formed  or 
expressed  an  opinion  upon  the  matter  or  cause  to  be  submitted  to  such 
jury,  founded  upon  public  rumor,  statements  in  public  press,  or  common 
notoriety,  provided  it  appears  to  the  court,  upon  his  declaration,  under  oath 
or  otherwise,  that  he  can  and  will,  notwithstanding  such  an  opinion,  act 
impartially  and  fairly  upon  the  matters  submitted  to  him.  The  challenge 
may  be  oral,  but  must  be  entered  in  the  minutes  of  the  court  or  of  the 
stenographer. 

Kerr,  Pen.  C.,1076. 

Cited,  State  v.  Millain,  3  Nev.  459;    State  such    challenge    was    insufficient.      State    v. 

v.  Baker,  8  Nev.  146.  Simas,  25  Nev.  434,  450  (62  P.  242). 

When   the   defendant    challenges    a    juror  Challenge  to  juror  and  exception.     State 

for   implied  bias,  he  must   specify  the  par-  v.  Hartley,  22  Nev.  342  (28  L.  E.  A.  33,  40 

ticular    grounds    upon    which    he    bases    his  P.  372);  State  v.  Vaughan,  22  Nev.  285  (39 

challenge.      State  v.  Kaymond,   11   Nev.   99,  P.  733). 
106.  Opinion  from  reading  newspapers.     State 

Where,   on   a   trial   for   burglary,  a   juror  v.  Simas,  supra;    State  v.  Roberts,  27  Nev. 

was  challenged  by  the  defendant  "for  cause,"  499  (77  P.  598);    State  v.  Williams,  28  Nev. 

M5  (82  P.  353). 

7151.  Exception  to  challenge,  denial. 

SEC.  301.  The  adverse  party  may  except  to  the  challenge  in  the  same 
manner  as  to  a  challenge  to  the  panel,  and  the  same  proceedings  must  be 
had  thereon  as  are  prescribed  in  section  285,  except  that  if  the  challenge  is 
allowed  the  juror  must  be  excluded.  The  adverse  party  may  also  orally 
deny  the  facts  alleged  as  the  ground  of  challenge. 

Kerr,  Pen.  C.,  1077. 

7152.  Trial  of  challenge. 

SEC.  302.  If  the  facts  are  denied,  the  challenge  must  be  tried  by  the 
court. 

Kerr,  Pen.  C.,  1078. 

See  State  v.  Gray,  under  sec.  283  of  this  act. 


2009  CRIMINAL  PRACTICE  Sec.  7158 

7153.  Idem— Juror  as  witness. 

SEC.  303.  Upon  the  trial  of  a  challenge  to  an  individual  juror,  the  juror 
challenged  may  be  examined  as  a  witness  to  prove  or  disprove  the  chal- 
lenge, and  must  answer  every  question  pertinent  to  the  inquiry. 

Kerr,  Pen.  C.,1081. 

7154.  Other  witnesses— Rules  of  evidence. 

SEC.  304.  Other  witnesses  may  also  be  examined  on  either  side,  and  the 
rules  of  evidence  applicable  to  the  trial  of  other  issues  govern  the  admission 
or  exclusion  of  evidence  on  the  trial  of  the  challenge. 

Kcrr,  Pen.C.,  10SL'. 

7155.  Idem— Court  to  allow  or  disallow  challenge. 

SEC.  305.  The  court  must  allow  or  disallow  the  challenge,  and  its  deci- 
sion must  be  entered  in  the  minutes  of  the  court. 

Kcrr,  Pen.  C.,  ins-".. 

I  )»MI ial  of  proper  challenge,  when  not  judi-  Dmibt     as    to     qualifications.       State    V. 

rial    error.     State   v.    Hartley,   22    Nev.   l'>-\'2       Muni  Hi,  '27  Nov.  41  (71  P.  532). 
(28  L.  R.  A.  33,  40  P.  372).  Waiver  of  ob.jc.-t  ions.     State  v.  Hartley, 

supra. 

7156.  Order  of  taking  challenges  for  cause. 

SEC.  306.  All  challenges  to  an  individual  juror,  except  peremptory,  must 
be  taken,  first  by  the  defendant,  and  then  by  the  state,  and  each  party  must 
exhaust  all  his  challenges  before  the  other  begins. 

Kcrr.  Ten.  ('..  lost;. 

Sec  State  v.  Pritrhanl.  under  sec.  L".M>  of  this  act. 

7157.  Idem— Order  of  challenges. 

SEC.  307.  The  challenges  of  either  party  for  cause  need  not  all  be  taken 
at  once,  but  they  must  be  taken  separately,  in  the  following  order,  includ- 
ing in  each  challenge  all  the  causes  of  challenge  belonging  to  the  same  class. 

1.  To  the  panel; 

2.  To  an  individual  juror,  for  a  general  disqualification; 

3.  To  an  individual  juror,  for  an  implied  bias; 

4.  To  an  individual  juror,  for  an  actual  bias. 

Kerr,  Pen.  C.,  1087. 

See  State  v.  Davis,  under  sec.  _!S4  of  this  act. 

Cited,  State  v.  Pritchard,  15  Nev.  S-J. 

7158.  Peremptory  challenges,  order  of  taking. 

SEC.  308.  If  all  challenges  on  both  sides  are  disallowed,  either  party, 
first  the  state  and  then  the  defendant,  may  take  a  peremptory  challenge, 
unless  the  parties'  peremptory  challenges  are  exhausted. 

Kerr,  Pen.  C.,  1088.       » 

Sec.  354,  Stats.  1861,  435,  as  amended  by  v.  Kaymond,  11  Nev.  98;  State  v.  Johnson, 
Stats.  1875,  117,  sec.  7,  was  held  unconstitu-  11  Nev.  148. 

tional  in  State  v.  McClear,  11  Nev.  39;    State  See    State    v.    Pritchard,    under    sec.    290 

of  this  act. 

CHAPTER  29 
THE  TRIAL 

7159.  Order  of  trial.  7165.  Idem — No  other  definition  to  be  given. 

7160.  Defendant  may  testify  in  own  behalf,       7166.  When  doubt  as  to  degree — Conviction 

when.  to  be  of  lowest. 

7161.  Defendant  not  compelled  to  testify —       7167.  Defendants  charged  jointly — Separate 

Failure  not  evidence  of  guilt.  .  or  joint  trial. 

7162.  Argument  may  be  restricted.  7168.  Defendant    discharged,    to    testify   for 

7163.  Defendant    presumed    innocent  —  Rea-  the  state. 

sonable  doubt.  7169.  Defendant    discharged,   to   testify   for 

7164.  Reasonable  doubt  defined.  codefendant. 


Sec.  7159  CRIMINAL  PRACTICE  2010 

7170.  Idem — Order   deemed  bar  and   acquit-       7187.  Idem — Arrest  on  warrant  from  proper 

tal.  county,  or  discharge. 

7171.  Rape,  proof  necessary.  7188.  Facts    not    constituting    an    offense — 

7172.  Brand  of  cattle  prima  facie  evidence  Discharge  or  resubmission. 

of  ownership.  7189.  Case  submitted  anew,  proceedings. 

7173.  Conspiracy — Pleading   and   proof.  7190.  Juror   knowing   facts   concerning   case 

7174.  Murder,  burden  of  proof.  must  testify. 

7175.  Forgery,  proof  of  corporate  existence  7191.  View  by  jury — Oath  of  officer  attend- 

— Expert  testimony.  ing. 

7176.  Proof  of  corporate  existence  generally.       7192.  Jurors  permitted  to  separate,  when — 

7177.  Abortion    or    enticing    female — Testi-  Oath  of  officer. 

mony  of  the  woman  not  sufficient.         7193.  Jury     to     be     admonished     at      each 

7178.  Lottery  tickets,   sale,   proof.  adjournment. 

7179.  False   pretenses — Evidence   in   writing       7194.  Sickness  of  judge  or  juror,  procedure. 

or  proof  by  two  witnesses.  7195.  Court  to  decide  questions  of  law. 

7180.  Conviction  on  testimony  of  accomplice       7196.  Jury    to    determine    law    and    fact    in 

— Corroboration.  libel   cases. 

7181.  Mistake     in     charging     offense  —  Dis-       7197.  Court    to    decide   law,    jury   to    decide 

Charged  or  new  prosecution.  fact. 

7182.  When  proof  shows  higher  offense  than       7198.  Charge  to  jury,  what  to  be  stated  in. 

that  charged,  proceedings.  7199.  Either     party     may     present     written 

7183.  Indictment     for     higher     offense     not  charge    to    court — Must    be    given, 

found  or  dismissed,  proceedings.  when. 

7184.  Want     of    jurisdiction — Discharge     of       7200.  The  court  to  indorse  and  sign  instruc- 

jury.  tions  to  jury. 

7185.  Idem — Defendant    discharged — Excep-       7201.  Jury    to    decide    in    court    or    retire — 

tion.  Officers  sworn. 

7186.  Idem  —  When      jurisdiction      lies      in       7202.  Defendant  may  be  committed  though 

another   county — Defendant   held.  on  bail,  when. 

7203.  Court    may    advise    acquittal,    when — 
Jurv  not  bound  by  advice. 

7159.    Order  of  trial. 

SEC.  309.  The  jury  having  been  impaneled  and  sworn,  the  trial  shall 
proceed  in  the  following  order : 

1.  If  the  indictment  be  for  felony,  the  clerk  must  read  the  indictment  and 
state  the  plea  of  the  defendant  to  the  jury.    In  all  other  cases  this  formal- 
ity may  be  dispensed  with ; 

2.  The  district  attorney  or  other  counsel  for  the  people  must  open  the 
cause,  and  offer  the  evidence  in  support  of  the  indictment ; 

3.  The  defendant  or  his  counsel  may  then  open  the  defense,  and  offer  his 
evidence  in  support  thereof ; 

4.  The  parties  may  then  respectively  offer  rebutting  testimony  only, 
unless  the  court,  for  good  reasons,  in  furtherance  of  justice,  permit  them 
to  offer  evidence  upon  their  original  cause ; 

5.  When  the  evidence  is  concluded,  unless  the  case  is  submitted  to  the 
jury  on  either  side,  or  on  both  sides,  without  argument,  or  unless  a  demand 
be  made  to  have  the  jury  instructed  in  advance  of  the  argument  as  here- 
after provided  in  this  section,  the  counsel  for  the  people  must  open  and 
must  conclude  the  argument ; 

6.  The  judge  shall  then  charge  the  jury,  if  requested  by  either  party;  he 
may  state  the  testimony  and  declare  the  law,  but  shall  not  charge  the  jury 
in  respect  to  matters  of  fact;    such  charge  shall  be  reduced  to  writing 
before  it  is  given ;  and  in  no  case  shall  any  charge  or  instructions  be  given 
to  the  jury  otherwise  than  in  writing,  unless  by  the  mutual  consent  of  the 
parties.    If  either  party  request  it,  the  court  must  settle  and  give  the 
instructions  to  the  jury  before  the  argument  begins,  but  this  shall  not  pre- 
vent the  giving  of  further  instructions  which  may  become  necessary  by 
reason  of  the  argument. 

Kerr,  Pen.  C.,  1093. 

The  court  cannot  give  any  instruction  instructions  of  the  court  to  be  in  writing, 
verbally  unless  the  prisoner  assents,  and  is  not  violated  by  the  judge  telling  the  jury 
that  assent  must  appear  affirmatively.  Peo-  that  he  could  not  instruct  them  as  to  mat- 
pie  v.  Bonds,  1  Nev.  33,  36.  ters  of  fact.  State  v.  Waterman,  1  'Nev. 

The  statute  which  requires  the  charge  or  544,  550. 


2011 


CRIMINAL  PRACTICE 


Sec.  7160 


In  a  criminal  trial,  if  a  district  court 
allows  a  departure  from  the  ordinary  order 
of  proof  and  permits  a  reopening  of  the 
ease,  it  will  be  presumed,  nothing  being 
shown  to  the  contrary,  that  its  discretion 
vras  properlv  exorcised.  State  v.  Harrington, 
!•  \ev.  !>1.  04. 

j  Where  the  defendant  in  a  capital  tri:il 
was  not  allowed  to  close  the  argument  to 
the  jurv.  Imt  it  appeared  that  two  counsel  on 
each  side  argued  the  case  and  that  they 
alternated,  the  prosecution  having  the  close, 
was  held  no  error.  State  v.  Pierce,  8  Nev. 

L'iM,  'J!»<;. 

The  court  lias  the  rijjit  to  give  instruc- 
tions to  the  jury  in  a  criminal  case.  Idem. 

The  privilege  of  dosing  the  argument  in 
a  criminal  .-ase  belongs  to  the  state.  State 
v.  Smith,  in  Nev.  IOC. 

lieadiug  certain  sections  from  the  statute 
.-!-  instructions  to  the  jury,  is  not  giving 
oral  instructions.  State  v.  Stewart.  !»  Nev. 
ll'l.  I.".!'. 

Where  iii  a  criminal  case,  the  state  was 
represented  by  two  attorneys,  and  after  the 
first  had  opened  the  argument  ti>  tin1  jury, 
the  defendant's  attorney  Mibmitted  the  case 
and  objected  to  any  further  argument,  but 
the  other  attorney  for  the  state  was 
allowed  to  address  the  jury,  it  was  held  no 
a  luise  of  discretion.  Idem. 

The  trial  of  a  criminal  case  does  not 
I'i'-in.  -tridly  speaking,  until  the  .jury  i> 
impaneled  and  sworn.  State  v.  .lackman.  :'.  1 

Nev.  511,  518  (104  P.  13). 

M  isstatemeiits  of  law  made  by  the  prose- 
cuting attorney  in  his  argument  to  the  jury 
should  be  corrected  by  proper  instructions 
and  not  by  motion  to  strike  out.  A  motion 
to  strike  out  in  such  case  affords  no 
adequate  relief.  State  v.  O'Keefe,  23  Nev. 
127  (<;i>  A.  s.  71)8,  43  P.  918). 

Where,  in  a  prosecution  for  homicide, 
defendant's  counsel  did  not  avail  himself 
of  the  privilege  of  securing  an  alleged  con- 
fession in  the  possession  of  the  state  and 
offer  it  in  evidence,  the  fact  that  the  prose- 
cuting attorney  in  his  opening  statement 


erroneously  referred  to  such  confession  as 
having  been  voluntarily  made  by  defendant, 
and  stated  some  of  the  facts  contained 
therein,  and  that  he  "might''  introduce  it  in 
evidence,  which  he  subsequently  failed  to 
do,  did  not  constitute  reversible  error. 
State  v.  Williams.  2S  Xe\  .  Mo  (82  P.  353). 

Where  a  prosecuting  attorney,  in  reply  to 
the  argument  of  defendant's  counsel  that  an 
alleged  confession,  if  introduced,  would  have 
been  beneficial  to  accused,  stated  that 
defendant  could  have  taken  the  stand  and 
testified  with  reference  to  the  confession, 
referred  to  by  the  state  but  not  introduced 
in  evidence,  if  he  had  so  desired,  and  the 
court,  in  response  to  an  objection,  stated 
that  the  fad  that  defendant  was  not  a  wit- 
ness could  not  be  considered  against  him, 
the  argument  of  the  prosecuting  attorney 
vrafl  not  reversible  error.  Idem. 

In  a  prosecution  for  assault  upon  a 
woman  with  intent  to  kill,  it  is  reversible 
error  for  the  prosecuting  attorney,  in  his 
argument  to  the  jury,  to  charge  the  accused 
with  being  a  "macque"  although  the  court 
admonished  the  jury  to  disregard  the  state- 
ment. State  v.  Rodriguez,  31  Xev.  342(102 
P.  863). 

In  a  prosecution  for  uxoricide,  in  which 
the  defense  was  sadistic  insanity,  in  object- 
ing to  accused's  medical  witness  detailing 
statements  made  by  accused  during  a  physi- 
cal examination  of  him  before  trial  by  the 
\\  it  n.'s-,.  the  state's  attorney  stated  that  he 
objected  to  a  conversation  occurring  in  a 
jail  three  or  four  days  before  trial,  as  it 
was  highly  improper,  and  no  doubt  was  man- 
ufactured for  the  physician's  benefit,  and 
that  he  knew  there  were  eye  witnesses  to 
the  killing,  and  that  a  legitimate  defense  of 
insanity  would  not  avail  accused.  Held, 
that  striking  out  such  remarks  and  instruct- 
ing the  jury  to  disregard  them  cured  any 
injury  that  might  have  resulted  therefrom, 
they  being  merely  the  expression  of  the 
state's  attorney's  opinion.  State  v.  Petty, 
32  Nev.  324. 

See  Const.,  sec.  327,  ante. 


7160.    Defendant  may  testify  in  own  behalf,  when. 

SEC.  310.  In  the  trial  of  all  indictments,  complaints,  and  other  proceed- 
ings against  persons^  charged  with  the  commission  of  crimes  or  offenses, 
the  person  so  charged  shall,  at  his  own  request,  but  not  otherwise,  be 
deemed  a  competent  witness ;  the  credit  to  be  given  his  testimony  being 
left  solely  to  the  jury,  under  the  instructions  of  the  court. 


Kerr,  Pen.  C.,  1328. 

Instruction  as  to  weight  to  be  given 
defendant's  testimony  held  correct.  State 
v.  Streeter,  20  Nev.  404  (22  P.  758). 

Cited,  State  v.  Newton,  4  Nev.  112. 

In  a  criminal  case  the  jury  has  the  right 
to  believe  such  portions  of  defendant's  own 
testimony  as  they  consider  true,  and  to 
disbelieve  such  portions  as  they  consider 
false;  his  testimony,  like  that  of  other  wit- 
nesses, is  to  be  weighed  and  determined  by 
the  jury  from  all  the  surrounding  circum- 
stances of  the  case.  State  v.  Stewart,  9 
NTev.  120,  130. 


For  instruction  as  to  weight  and  effect  to 
be  given  testimony  of  accused,  see  State  v. 
Hartley,  22  Nev.  343,  360  (28  L.  R.  A.  33, 
40  P.  372). 

Where  defendant  in  a  criminal  case  offers 
himself  as  a  witness  in  his  own  behalf,  he  is 
to  be  held  and  treated  so  far  as  an  ordinary 
witness  for  the  defense  that  he  can  be 
cross-examined  and  in  the  discretion  of  the 
court  be  called  for  further  cross-examination. 
State  v.  Cohn,  9  Nev.  179,  188. 

Though  an  accused  person  may  become  a 
witness  in  his  own  behalf  and  thereby  sub- 


Sec.  7161  CRIMINAL  PRACTICE  2012 

ject  himself  to  cross-examination,  the  prose-  upon  his  testimony  or  his  refusal  to  answer 

cution  cannot  make  him,  against  his  consent,  any  proper  question,  or  to  draw  all  proper 

its  own  witness.     Idem.  inferences  from  his  failure  to  testify  upon 

If  the   defendant   voluntarily  testifies  in  any  material  matter  within  his  knowledge, 

his    own    behalf,    the    same    rights    exist    in  as  with  other  witnesses.     State  v.  Harring- 

favor   of  the   district   attorney  to   comment  ton,  12  Nev.  125,  129. 

7161.  Defendant  not  compelled  to  testify— Failure  not  inference  of  guilt. 
SEC.  311.     Nothing  herein  contained  shall  be  construed  as  compelling 

any  such  person  to  testify;  and  in  all  cases  wherein  the  defendant  in  a 
criminal  action  declines  to  testify,  the  court  shall  specially  instruct  the  jury 
that  no  inference  of  guilt  is  to  be  drawn  against  him  for  that  cause. 

Kerr,  Pen.  C.,1323. 

See  sec.  6857. 

Guaranty  that  an  accused  person  shall  not  be  compelled  to  testify  against  himself,  V.  S. 
Const.,  sec.  175;  State  Const.,  sec.  237. 

This  section  has  no  application  to  a  case  where  the  defendant  voluntarily  makes  himself 
a  witness  in  his  own  behalf.  State  v.  Harrington,  12  Nev.  125,  129. 

7162.  Argument  may  be  restricted. 

SEC.  312.  If  the  indictment  be  for  an  offense  punishable  with  death,  two 
counsel  on  each  side  may  argue  the  case  to  the  jury,  but  in  such  case  as  well 
as  in  all  others  the  counsel  for  the  people  must  open  and  must  conclude  the 
argument.  If  it  be  for  any  other  offense,  the  court  may  in  its  discretion 
restrict  the  argument  to  one  counsel  on  each  side. 

Kerr,  Pen.  C.,  1095. 

See  State  v.  Pierce,  State  v.  Smith,  and  State  v.  Stewart,  under  sec.  309  of  this  act. 

Argument  of  counsel— Order  of.     State  v.  Pearce,  15  Nev.  188 

7168.    Defendant  presumed  innocent— Reasonable  doubt. 

SEC.  313.  A  defendant  in  a  criminal  action  is  presumed  to  be  innocent 
until  the  contrary  be  proved;  and  in  case  of  a  reasonable  doubt  whether 
his  guilt  be  satisfactorily  shown,  he  is  entitled  to  be  acquitted. 

Kerr,  Pen.  C.,1096. 

In  criminal  prosecutions,  the  guilt  of  the  In    criminal    cases,    evidence    tending    to 

accused  must  be  proved  beyond  a  reasonable  prove   guilt   must   be   established   beyond   a 

doubt,  but  if  such  doubt  be  raised  it  makes  reasonable  doubt;    that  tending  to  mitigate 

no   difference   whether   it  be  raised  by   the  or    disprove,    by    a    preponderance    of   testi- 

evidence  for  the  prosecution  or  by  that  for  mony.     State  v.  Pierce,  8  Nev.  292,  300,  302. 

the   defendant.      State   v.   McCluer,    5    Nev.  Cited,  State  v.  McClear,  11  Nev.  48. 
132,  136. 

7164.    Reasonable  doubt  defined. 

SEC.  314.  A  reasonable  doubt  is  one  based  on  reason.  It  is  not  mere 
possible  doubt,  but  is  such  a  doubt  as  would  govern  or  control  a  person  in 
the  more  weighty  affairs  of  life.  If  the  minds  of  the  jurors,  after  the 
entire  comparison  and  consideration  of  all  the  evidence,  are  in  such  a  con- 
dition that  they  can  say  they  feel  an  abiding  conviction  of  the  truth  of  the 
charge,  there  is  not  a  reasonable  doubt.  Doubt  to  be  reasonable  must  be 
actual  and  substantial,  not  mere  possibility  or  speculation. 

Kerr,  Pen.  C.,1097. 

The  charge  of  the  court  and  instructions  Instruction  upon  this  term  held  to  relate 

given  in  regard  to  reasonable  doubt,  held  as  merely  to  the  rules  by  which  the  jury  ought 

favorable  to  the  defendant  as  the  law  would  to  be  governed  in  their  consideration  of  the 

warrant.      State    v.    Kaymond,    11    Nev.   98,  evidence  in  the  case,  and  not  prejudicial  to 

105.  defendants.      State   v.    Potts,    20    Nev.    389, 

Instructions     as     to     reasonable     doubt  396,  399*(22  P.  754);    State  v.  Streeter,  20 

refused.      State   v.   Hamilton,    13   Nev.    386,  Nev.  404,  409  (22  P.  758). 

394.  The  statutory  definition  of  this  term  held 

An  instruction  upon  the  term  "reasonable  to  be  well  expressed  and  that  judges  should 

doubt"    construed    and    held    to   be    correct.  follow   the    exact    language    of   the    statute, 

State  v.  McLane,  15  Nev.  347,  365,  366.  and   not    attempt    any    further    information. 

Idem. 


2013  CRIMINAL  PRACTICE  See.  7171 

716f5.     Idem— No  other  definition  to  be  given. 

SEC.  315.  No  other  definition  of  reasonable  doubt  shall  be  given  by  the 
court  to  juries  in  criminal  actions  in  this  state. 

7  !()(>.     When  doubt  as  to  degree— Conviction  to  be  of  lowest. 

SEC.  316.  When  it  legally  appears  that  a  defendant  has  committed  a 
public  offense,  and  there  is  a  reasonable  ground  for  doubt  in  which  of  two 
or  more  degrees  he  is  guilty,  he  can  be  convicted  of  the  lowest  of  such 
degrees  only. 

Kerr.  1'en.  ('..  lO'.C. 

See  State  v.  I'ieive.  under  see.  313  of  this  act. 

7167.     Defendants  charged  jointly— Separate  or  joint  trial. 

SEC.  317.  When  two  or  more  defendants  shall  be  jointly  charged  with  a 
felony,  any  defendant  requiring  it  must  be  tried  separately.  In  other  cases 
the  defendants  jointly  charged  may  be  tried  separately  or  jointly,  in  the 
discretion  of  the  court. 

Kerr,  Pen.C.,  IWS. 

A      defendant,      jointly      i mlirted       with  to    the    jury    at    that    time,   before    any    tes- 

another,  who  intends  to  demand  a  separate  titnony      was      oll'ered     on      behalf     of     his 

trial,    must     make    his    motion    before    the  rodet'eudant.     It   was  held  that  the  motion 

ition  <>t'  ;i  jury  is  commenced.     State  v.  was     properly     denied,    for,    if    granted,    it 

MrLane,    1.")    Nev.   .".  l.~>.   i'58.  would    have   <:iven   the  defendant  a  separate 

cited.  lv\  Part.-  (Jafford,  25  Nev.  101,  104  trial,  which  i-ould  only  be  granted  on  appli- 

A.  S.  568,  57  P.  484).  .-at  ion  made  before  the  commencement  of 

Two  persons  jointly  indicted  were  jointlv  the  formal  ion  of  the  Jury.  State  v.  Johnny, 

tried.  After  the  state  had  rested,  defendant  i".»  \e\.  i'ii::.  I'li;  <  S7  P.  3). 

J.    rested    ;ind    moved    that    the   i-ase    he    "Jven 

7ir>tt.     Defendant  discharged,  to  testify  for  the  state. 

SEC.  318.  When  two  or  more  persons  shall  be  included  in  the  same 
charge,  the  court  may,  at  any  time  before  the  defendants  have  gone  into 
their  defense,  on  the  application  of  the  district  attorney  or  other  counsel 
for  the  state,  direct  any  defendant  to  be  discharged,  that  he  may  be  a 
witness  for  the  state. 

Kerr.  Pen.  C..  lO'.l'.t. 

>tat»«  v.  .Johnny,  under  see.  :;i ,  of  this  act,  and  State  v.  Smith,  under  sec.  330  of  this  act. 
Cited,  State  v.  Luhano,  31   Nev.  L'7'.t  i  !<>•_'  p.  :_><><)). 

7161).     Defendant  discharged,  to  testify  for  codefendant. 

SEC.  319.  When  two  or  more  persons  are  included  in  the  same  indict- 
ment and  the  court  is  of  opinion  that  in  regard  to  a  particular  defendant 
there  is  not  sufficient  evidence  to  put  him  on  his  defense,  it  shall  order  him 
to  be  discharged  from  the  indictment,  before  the  evidence  shall  be  deemed 
closed,  that  he  may  be  a  witness  for  his  codefendant. 

Kerr,  Pen.  C.,1100. 

See  State  v.  Johnny,  under  sec.  317  of  this  act. 

Cited,  State  v.  Luhano,  31  Nev.  279  (102  P.  260). 

7170.  Idem— Order  deemed  bar  and  acquittal. 

SEC.  320.  The  order  mentioned  in  the  last  two  sections  shall  be  deemed 
an  acquittal  of  the  defendant  discharged,  and  shall  be  a  bar  to  another 
prosecution  for  the  same  offense. 

Kerr,  Pen.  C.,1101. 

7171.  Rape,  proof  necessary. 

SEC.  321.  Proof  of  actual  penetration,  however  slight,  into  the  body  is 
sufficient  to  sustain  an  indictment  for  rape,  or  for  the  crime  against  nature. 

Kerr,  Pen.  C.,  263. 
See  sec.  (5443. 

127 


Sec.  7172  CRIMINAL  PRACTICE  2014 

The  slightest  proof  of  penetration  will  stances.  In  this  ease  there  was  proof  of 
justify  submitting  the  question  to  the  jury,  penetration.  State  v.  Depoister,  21  Nev.  107 
a ixl  such  proof  can  be  inferred  from  circum-  (25  P.  1000). 

7172.  Brand  of  cattle  prima  facie  evidence  of  ownership. 

SEC.  322.  Upon  the  trial  of  any  public  offense  which  concerns  any  neat 
cattle,  horse,  mule,  or  other  animal  running  at  large  upon  any  range  in 
this  state,  the  brand  and  other  marks  upon  such  animal  shall  be  prima  facie 
evidence  of  ownership. 

See  sees.  6640-H641. 

The  identification  and  ownership  of  cattle  sufficient  as  to  the  ownership  of  the  cattle, 
may  be  proved  by  the  marks  and  brands  is  a  question  of  fact  to  be  determined  by  the 
on  the  hides  therefrom.  Whether  the  evi-  jury.  State  v.  Cardelli,  19  Nev.  319,  328 
dence  upon  this  point  in  any  given  case  is  (10  P.  433). 

7173.  Conspiracy— Pleading-  and  proof. 

SEC.  323.  Upon  a  trial  for  conspiracy,  in  a  case  where  an  overt  act  shall 
be  necessary  to  constitute  the  offense,  the  defendant  shall  not  be  convicted 
unless  one  or  more  overt  acts  shall  be  expressly  alleged  in  the  indictment, 
nor  unless  one  of  the  acts  alleged  shall  have  been  proved ;  but  other  overt 
acts  not  alleged  may  be  given  in  evidence. 

Kerr,  Pen.  C.,  1104. 

See  sec.  6377. 

A  statement  of  an  accomplice,  who  con-  In  a  prosecution  for  larceny  by  conspiring 
spired  with  accused  to  steal  ore,  that  he  had  with  others  to  steal  ore,  evidence  of  a  state- 
made  thousands  of  dollars  for  accused,  was  ment  by  one  of  the  conspirators  after 
not  admissible  in  evidence  in  a  prosecution  arrest,  that  another  of  them  was  a  big  boob 
for  larceny,  it  not  appearing  whether  the  or  he  never  would  have  been  caught,  etc., 
transaction  referred  to  was  illegal,  and  it  was  not  admissible  in  evidence;  the  conspir- 
not  relating  to  the  conspiracy.  State  v.  acy  being  then  at  an  end.  Idem. 
Smith,  34  Nev.— (117  P.  19). 

7174.  Murder,  burden  of  proof. 

SEC.  324.  Upon  a  trial  for  murder,  the  commission  of  the  homicide  by 
the  defendant  being  proved,  the  burden  of  proving  circumstances  of  mitiga- 
tion, or  that  justify  or  excuse  it,  shall  devolve  upon  him,  unless  the  proof 
on  the  part  of  the  prosecution  tends  to  show  that  the  crime  committed 
amounts  only  to  manslaughter,  or  that  the  defendant  was  justifiable  or 
excusable. 

Kerr,  Pen.  C.,  1105. 

7175.  Forgery,  proof  of  corporate  existence— Expert  testimony. 

SEC.  325.  Upon  a  trial  for  forging  any  bill  or  note  purporting  to  be  the 
bill  or  note  of  an  incorporated  company  or  bank,  or  for  passing,  or  attempt- 
ing to  pass,  or  having  in  possession  with  intent  to  pass,  any  such  forged  bill 
or  note,  it  shall  not  be  necessary  to  prove  the  incorporation  of  such  bank  or 
company  by  the  charter  or  act  of  incorporation,  but  it  may  be  proved  by 
general  reputation,  and  persons  of  skill  shall  be  competent  witnesses  to 
prove  that  such  a  bill  or  note  shall  have  been  forged  or  counterfeited. 

Kerr,  Pen.  C.,1107. 
See  sec.  6683. 

7176.  Proof  of  corporate  existence  generally. 

SEC.  326.  If,  upon  a  trial  or  proceeding  in  a  criminal  case,  the  existence, 
constitution,  or  powers  of  any  corporation  shall  become  material,  or  be  in 
any  way  drawn  in  question,  it  is  not  necessary  to  produce  a  certified  copy  of 
the  articles  or  acts  of  incorporation,  but  the  same  may  be  proved  by  general 
reputation,  or  by  the  printed  statutes  of  the  state,  or  government,  or  coun- 
try by  which  such  corporation  was  created. 

Mont.  P.  C.,  2086;  Utah,  4859. 


2015  CRIMINAL  PRACTICE  Sec.  7180 

7177.  Abortion   or  enticing  female— Testimony  of  the  woman  not  suf- 

ficient. 

SEC.  327.  Upon  a  trial  for  procuring  or  attempting  to  procure  an 
abortion,  or  aiding  or  assisting  therein,  or  for  inveigling,  enticing,  or  tak- 
ing away  any  female  of  previous  chaste  character,  for  the  purpose  of  pros- 
titution, or  aiding  or  assisting  therein,  the  defendant  shall  not  be  convicted 
upon  the  testimony  of  the  woman  upon  or  with  whom  the  offense  shall  have 
been  committed,  unless  she  is  corroborated  by  other  evidence. 

Kerr,  IVn.  C.,  IIOS;  Ttah,  4S58. 

7178.  Lottery  tickets,  sale,  proof. 

SEC.  328.  Upon  a  trial  for  violation  of  any  of  the  provisions  of  the 
crimes  and  punishment  act,  concerning  lotteries  or  the  sale  of  lottery 
tickets,  it  shall  not  be  necessary  to  prove  the  existence  of  any  lottery  in 
which  any  lottery  ticket  shall  purport  to  have  been  issued,  nor  to  prove  the 
actual  signing  of  any  such  ticket  or  share,  or  pretended  ticket  or  share  of 
any  pretended  lottery,  nor  that  any  lottery  ticket,  share,  or  interest  was 
signed  or  issued  by  the  authority  of  any  manager,  or  of  any  person  assum- 
ing to  have  authority  as  manager ;  but  in  all  cases  proof  of  the  sale,  fur- 
nishing, bartering,  or  procuring  of  any  ticket,  share,  or  interest  therein,  or 
of  any  instrument  purporting  to  be  a  ticket,  or  part  or  share  of  any  such 
ticket  shall  be  evidence  that  such  share  or  interest  was  signed  and  issued 
according  to  the  purport  thereof. 

Kerr,  IVn.  C.,  1  KM. 

Lotteries  are  prohibited  by  Const.,  sec.  I'S:*. 

7179.  False  pretenses— Evitfence  in  writing  or  proof  by  two  witnesses. 
SEC.  329.    Upon  a  trial  for  having,  with  an  intent  to  cheat  or  defraud 

another  designedly,  by  any  false  pretense,  obtained  the  signature  of  any 
person,  to  a  written  instrument,  or  having  obtained  from  any  person  any 
money,  personal  property,  or  valuable  thing,  the  defendant  shall  not  be 
convicted  if  the  false  pretense  shall  have  been  expressed  in  language, 
unaccompanied  by  a  false  token  or  writing,  unless  the  pretense  or  some  note 
or  memorandum  thereof  be  in  writing,  subscribed  by  or  in  the  handwriting 
of  the^defendant,  or  unless  the  pretense  be  proved  by  the  testimony  of  two 
witnes'ses,  or  that  of  one  witness  and  corroborating  circumstances;  but 
this  section  shall  not  apply  to  a  prosecution  for  falsely  representing  or  per- 
sonating another,  and,  in  such  assumed  character,  marrying,  or  receiving 
any  money  or  property. 

Kerr,  Pen.  C.,  UK). 
See  sec.  (5704,  <>70.r>. 

7180.  Tonviction  on  testimony  of  accomplice— Corroboration. 

SEC.  330.  A  conviction  shall  not  be  had  on  the  testimony  of  an  accom- 
plice, unless  he  is  corroborated  by  other  evidence  which  in  itself,  and  with- 
out the  aid  of  the  testimony  of  the  accomplice,  tends  to  connect  the  defend- 
ant with  the  commission  of  the  offense ;  and  the  corroboration  shall  not  be 
sufficient  if  it  merely  shows  the  commission  of  the  offense  or  the  circum- 
stances thereof. 

Kerr.  Pen.  C.,1111. 

See  sec.  7451. 

When  the  wife  of  an  accomplice  is  called  that  the  question  before  the  supreme  court 

her  testimony  is  entitled  to  at  least  the  same  was  not  as  to  the  weight  of  the  evidence, 

weight  and  effect  as  that  of  an  accomplice.  but    as    to    whether    it    was    corroborative 

State  v.  Waterman,  1  Nev.  543,  549.  within  the  meaning  of  this   section.     State 

Where,   on   appeal   in   a   criminal   case,   it  v.  Chapman,  6  Nev.  320,  324. 
was  claimed  that  certain  evidence  given  for  The    evidence    to    corroborate    the    testi- 

the    purpose    of    corroborating    that    of    an  mony    of    an    accomplice    is    sufficient    if    it 

accomplice   was   not   sufficient,   it   was   held,  tends    to    connect    the    defendant    with    the 


Sec.  7181  CRIMINAL  PRACTICE  2016 

commission      of      the      offense.       State      v.  watch  in  order  to  assist  in  the  detection  of 

Streeter,  20  Nev.  403,  405  (22  P.  758).  accused,  was  not  an   "accomplice"   so  as  to 

An  accomplice  is  not  incompetent  to  give  make  his  testimony  subject  to  rules  regard- 
testimony,  but  the  weight  thereof  is  for  the  ing  accomplices'  testimony.     Idem, 
jury,  under  proper  instruction  subject  to  the  In  a  prosecution  for  larceny  of  ore  state- 
restriction  of  this  section.     State  v.  Douglas,  ments  of  an  accomplice,  relating  in  part  to 
20  Nev.  196,  204  (99  A.  S.  688,  65  P.  802).  the  taking  of  the  ore  and  its  division  accord- 

The  finding  of  a  jury  as  to  whether  one  ing  to  agreement,  were  admissible  in  evi- 
was  an  accessory  is  conclusive.  State  v.  dence,  some  ore  having  been  taken  there- 
Smith,  34  Nev. — (117  P.  19).  after,  and  the  statements  being  material. 

One     who     feigned     participation     in     a  Idem, 
larceny   of   ore   which   he   was   employed   to 

7181.  Mistake  in  charging  offense— Discharged  or  new  prosecution. 
SEC.  331.     When  it  appears,  at  any  time  before  verdict  or  judgment, 

that  a  mistake  has  been  made  in  charging  the  proper  offense,  the  defend- 
ant must  not  be  discharged,  if  there  appears  good  cause  to  detain  him  in 
custody;  but  the  court  must  commit  him,  or  require  him  to  give  bail  for 
his  appearance  to  answer  to  the  offense;  and  may  also  require  the  wit- 
nesses to  give  bail  for  their  appearance. 

Mont,  P.  C.,  2090;  N.  D.,  8198. 

7182.  When  proof  shows  higher  offense  than  that  charged,  proceedings. 
SEC.  332.     If  it  appears  by  the  testimony  that  the  facts  proved  constitute 

an  offense  of  a  higher  nature  than  that  charged  in  the  indictment,  the 
court  may  direct  the  jury  to  be  discharged,  and  -all  proceedings  on  the 
indictment  to  be  suspended,  and  may  order  the  defendant  to  be  committed 
or  continued  on,  or  admitted  to  bail,  to  answer  any  new  indictment  which 
may  be  found  against  him  for  the  higher  offense. 

7183.  Indictment  for  higher  offense  not  found  or  dismissed,  proceedings. 
SEC.  333.     If  an  indictment  for  the  higher  offense  be  dismissed  by  the 

grand  jury,  or  be  not  found  at  its  next  session,  the  court  shall  again  pro- 
ceed to  try  the  defendant  on  the  original  indictment. 

7184.  Want  of  jurisdiction— Discharge  of  jury. 

SEC.  334.  The  court  may  also  direct  the  jury  to  be  discharged  when  it 
appears  that  it  has  not  jurisdiction  of  the  offense,  or  that  the  facts  as 
charged  in  the  indictment  do  not  constitute  an  offense  punishable  by  -law. 

Kerr,  Pen.  C.,1113. 

Cited,  State  v.  Luhano,  31  Nev.  279. 

7185.  Idem— Defendant  discharged— Exception. 

SEC.  335.  If  the  jury  is  discharged  because  the  court  has  not  jurisdic- 
tion of  the  offense  charged,  and  it  appears  that  it  was  committed  out  of 
the  jurisdiction  of  this  state,  the  defendant  must  be  discharged,  unless  the 
court  orders  that  he  be  detained  for  a  reasonable  time,  to  be  specified  in 
the  order,  to  enable  the  county  attorney  to  communicate  with  the  chief 
executive  officer  of  the  country,  state,  territory,  or  district  where  the 
offense  was  committed. 

N.  D.,  8202. 

7186.  Idem— When  jurisdiction  lies  in  another  county— Defendant  held. 
SEC.  336.     If   the    offense    was    committed    within    the   jurisdiction    of 

another  county  of  this  state,  the  court  may  direct  the  defendant  to  be 
committed  for  such  time  as  it  deems  reasonable,  to  await  a  warrant  from 
the  proper  county  for  his  arrest ;  or  if  the  offense  is  a  misdemeanor  only 
it  may  admit  him  to  bail  in  an  undertaking,  with  sufficient  sureties,  that  he 
will,  within  such  time  as  the  court  may  appoint,  render  himself  amenable 
to  a  warrant  for  his  arrest  from  the  proper  county;  and,  if  not  sooner 
arrested  thereon,  will  attend  at  the  office  of  the  sheriff  of  the  county  where 


2017  CRIMINAL  PRACTICE  See.  7191 

the  trial  was  had,  at  a  certain  time  particularly  specified  in  the  undertak- 
ing, to  surrender  himself  upon  the  warrant,  if  issued,  or  that,  his  bail  will 
forfeit  such  sum  as  the  court  may  fix,  to  be  mentioned  in  the  undertaking ; 
and  the  clerk  must  forthwith  transmit  a  certified  copy  of  the  indictment, 
and  of  all  the  papers  filed  in  the  action,  to  the  district  attorney  of  the 
proper  county,  the  expenses  of  which  transmission  is  chargeable  to  that 
county. 

Kerr,  Pen.  C.,  1115. 

7187.  Idem— Arrest  on  warrant  from  proper  county,  or  discharge. 

SEC.  337.  If  the  defendant  is  not  arrested  on  a  warrant  from  the  proper 
county,  as  provided  in  the  next  preceding  section,  he  must  be  discharged 
from  custody,  or  his  bail  in  the  action  is  exonerated,  or  money  deposited 
instead  of  bail  must  be  refunded,  as  the  case  may  be,  and  the  sureties  in 
the  undertaking,  as  mentioned  in  that  section,  must  be  discharged.  If  he 
is  arrested,  the  same  proceedings  must  be  had  thereon  as  upon  the  arrest 
of  a  defendant  in  another  county  on  a  warrant  issued  by  a  magistrate. 

Kerr,  Pen.  C.,  11  Hi. 

Bee  sec.  W40. 

7188.  Facts  not  constituting  an  offense— Discharge  or  rcsnlmiission. 
SEC.  338.     If  the  jury  be  discharged  because  the  facts  as  charged  do  not 

constitute  an  offense  punishable  by  law,  the  court  must  order  that  the 
defendant,  if  in  custody,  be  discharged,  or  if  admitted  to  bail,  that  his  bail 
be  exonerated,  or  if  he  has  deposited  money  instead  of  bail,  that  the  money 
deposited  be  refunded  to  him,  unless  in  the  opinion  of  the  court,  a  new 
indictment  can  be  framed,  upon  which  the  defendant  can  be  legally  con- 
victed, in  which  case  it  may  direct  that  the  case  be  submitted  to  the  same 
or  another  grand  jury. 
Kerr,  Pen.  C.,1117, 

7181).    Case  submitted  anew, proceedings. 

SEC.  339.     If  the  court  direct  that  the  case  be  submitted  anew,  the  same 
proceedings  must  be  had  thereon  as  are  prescribed  in  section  243. 
Kerr,  Pen.  C.,1117. 

7190.  Juror  knowing-  facts  concerning  case  must  testify. 

SEC.  340.  If  a  juror  has  any  personal  knowledge  respecting  a  fact  in 
controversy  in  the  case,  he  must  declare  the  same  in  open  court,  during  the 
trial.  If,  during  the  retirement  of  a  jury,  a  juror  declare  any  fact  which 
could  be  evidence  in  the  cause,  as  of  his  own  knowledge,  the  jury  must 
return  into  court.  In  either  of  these  cases,  the  juror  making  the  statement 
must  be  sworn  as  a  witness,  and  examined  in  the  presence  of  the  parties. 

Kerr,  Pen.  C.,1120. 

7191.  View  by  jury— Oath  of  officer  attending. 

SEC.  341.  When,  in  the  opinion  of  the  court,  it  is  proper  that  the  jury 
should  view  the  place  in  which  the  offense  is  charged  to  have  been  com- 
mitted, or  in  which  any  other  material  fact  occurred,  it  may  order  the  jury 
to  be  conducted  in  a  body,  in  the  custody  of  the  officer,  to  the  place,  which 
must  be  shown  to  them  by  a  person  appointed  by  the  court  for  that  pur- 
pose; and  the  officer  must  be  sworn  to  suffer  no  person  to  speak  or  com- 
municate with  the  jury,  nor  do  so  himself  on  any  subject  connected  with  the 
trial,  and  to  return  them  into  court  without  unnecessary  delay,  or  at  a 
specified  time. 

Kerr,  Pen.  C.,1119, 

<  'ited,  State  v.  Stanley,  4  Nev.  74.  by    statute   to    enable   the   jury   more   satis- 

A    view    of    the    premises    is    not    taking  faetorily    to    weigh    the    evidence    given    in 

evidence  in  the  case.     It  is  means  provided  court.      When    the    action    of    the    court    is 


Sec.  7192  CRIMINAL  PRACTICE  2018 

taken  and  the  view  is  made  on  motion  of  tidns  whatever.    State  v.  Lopez,  15  Nev.  407, 

the  defendant,  and  no  request  or  expression  410,  411. 

of  a   desire  on'  his  part  to  be  present  was  When  the  jury  arrived  at  the  premises, 

made,   his   absence   is   not   ground   for    new  they   found   a   person   who   had   never   been 

trial  nor  is  the  absence  of  the  judge  legal  sworn  as  a  witness  in  the  case.    This  person, 

ground  of  complaint.     State  v.  Hartley,  22  in  response  to   questions  addressed  him  by 

Nev.  343,  357  (28  L.  E.  A.  33,  40  P.  372).  members  of  the  jury,  pointed  out  to  them 

The    order    of    court    should    specify    the  all  the  special  features  of  the  premises.     It 

place  to  be  inspected,  and  should  designate  was  held  a  violation  of  the  statute,  and  a 

some  person  who  knows  the  place  to  point  denial  of  the  right  of  the  defendant  to  be 

it  out  to  the  jury.    The  person  so  designated,  confronted  with  the  witnesses  against  him. 

and  none  other,  except  the  officer  in  charge,  Idem. 

should    conduct    the    jury   to    the    spot    and  When  it  is  shown  that  a  clear,  legal  right 

should  leave  them  to  make  their  own  obser-  of  the   defendant   has  been  transgressed   it 

vations    without   any   comment    or    explana-  devolves   upon   the   state   to   prove   that   he 

was  not  harmed  thereby.     Idem. 

7192.  Jurors  permitted  to  separate,  when— Oath  of  officer. 

SEC.  342.  The  jurors  sworn  to  try  a  criminal  action  may,  at  any  time 
before  the  submission  of  the  case  to  the  jury,  in  the  discretion  of  the  court, 
be  permitted  to  separate  or  be  kept  in  charge  of  a  proper  officer.  The 
officer  must  be  sworn  to  keep  the  jurors  together  until  the  next  meeting  of 
the  court,  to  suffer  no  person  to  speak  to  them  or  communicate  with  them, 
nor  to  do  so  himself,  on  any  subject  connected  with  the  trial,  and  to  return 
them  into  court  at  the  next  meeting  thereof. 

Kerr,  Pen.  C.,  1121. 

It   is   error   to   allow   a   jury   to    disperse  technical   separation  *of  the  jury.     State  v. 

after   impanelment    without   the   consent    of  Harris,  12  Nev.  414. 

the   prisoner.      But    a   jury   is   not   properly  An  officer  in  charge  of  a  jury  in  a  crim- 

impaneled  until  they  are  sworn  and  charged  inal  case  ought  not  to  permit  'strangers  to 

with   the   case.     State   v.    Squaires,   2   Nev.  have  access  to  a  juror  out  of  his  sight  or 

227,  232.  hearing,  and  thus  afford  an  opportunity  for 

Cited,  State  v.  Pritchard,  15  Nev.  100.  tampering    with    or    prejudicing    the    juror. 

The  fact  that  one  of  the  jurors  was  where  Idem. 

he    could    exchange    a    single    word    with    a  Where  the  jury  separates  by  consent  of 

stranger    without    being    overheard    by    the  counsel  and  no  objection  is  made  by  defend- 

officer  in  charge  is  sufficient  to  establish  a  ant,  verdict  upheld.     State  v.  McMahan,  17 

Nev.  365,  369  (30  P.  1000). 

7193.  Jury  to  be  admonished  at  each  adjournment. 

SEC.  343.  The  jury  must  also,  at  each  adjournment  of  the  court,  whether 
they  be  permitted  to  separate  or  be  kept  in  charge  of  officers,  be  admon- 
ished by  the  court  that  it  is  their  duty  not  to  converse  among  themselves, 
or  with  any  one  else,  on  any  subject  connected  with  the  trial,  or  to  form  or 
express  any  opinion  thereon  until  the  cause  is  finally  submitted  to  them. 

Kerr,  Pen.  C.,  1122. 

Cited,  State  v.  Lopez,  15  Nev.  411.  clearly    shown    that    the    accused    was    not 

The  failure  of  the  court  to  admonish  the  injured  by  such  failure.     State  v.  Gray,  19 

jury  will  not  affect  their  verdict  when  it  is  Nev.  213,  222  (8  P.  456). 

7194.  Sickness  of  judg'e  or  juror,  procedure. 

SEC.  344.  If,  before  the  conclusion  of  the  trial,  a  juror  becomes  sick, 
so  as  to  be  unable  to  perform  his  duty,  the  court  may  order  him  to  be  dis- 
charged. In  that  case  a  new  juror  may  be  sworn  and  the  trial  begin  anew, 
or  the  jury  may  be  discharged  and  a  new  jury  then  or  afterwards  impan- 
eled. If  the  judge  becomes  sick  he  may  discharge  the  jury. 

Kerr,  Pen.  C.,  1128;  Mont.  P.  C.,  2101. 

After    a    jury    has   been    sworn,    and   the  Under   such   circumstances  it   is   error  to 

evidence    admitted    in    a    capital    case,    the  accept    the    other   jurors    without    first    dis- 

court  may,  in  its  discretion,  excuse  a  juror  charging  them  and  giving  the  defendant  the 

against  defendant's  objection,  on  proof  that  privilege  asked  for  of  reexamining  them  as 

he  is  disqualified,  the  fact  of  his  disquali-  to    their   then    state    of   mind   before   being 

fication   having   come  to   the   knowledge   of  resworn  to  try  the  case  with  the  new  juror, 

the  prosecution   during  the  trial.     State  v.  Idem. 
Vaughan,  23  Nev.  103,  ll3  (43  P.  193). 


2019 


CRIMINAL  PRACTICE 


SIT.  7HW 


7195.  Court  to  decide  questions  of  law. 

SEC.  345.  The  court  shall  decide  all  questions  of  law  which  shall  arise 
in  the  course  of  the  trial. 

Kerr,  IVn.  ('.,  11:M. 

7196.  Jury  to  determine  law  and  fact  in  libel  case. 

SEC.  346.  On  the  trial  of  an  indictment  for  libel,  the  jury  shall  have  the 
right  to  determine  the  law  and  the  fact. 

Kerr,  Pen.  C.,ir_'~>. 
See  Const.,  sec.  L'38. 

7197.  Court  to  decide  law.  jury  to  decide  fact. 

SEC.  347.  On  the  trial  of  an  indictment  for  any  other  offense  than  libel, 
questions  of  law  are  to  be  decided  by  the  court,  saving  the  right  of  the 
defendant  to  except  and  questions  of  fact  by  the  jury.  And,  although  the 
jury  have  the  power  to  find  a  general  verdict,  which  includes  questions  of 
law,  as  well  as  of  fact,  they  are  bound,  nevertheless,  to  receive  as  law  what 
is  laid  down  as  such  by  the  court. 

Kerr,  IVn.  (\.  1  li'li. 

Cited.  State  v.  Van  Winkle,  ti  Nrv.  :54t).  .T><). 

7198.  rharjre  to  jury,  what  to  he  stated  in. 

SEC.  348.  In  charging  the  jury,  the  court  shall  state  to  them  all  such 
matters  of  law  as  it  shall  think  necessary  for  their  information  in  giving 
their  verdict. 

Kerr,  Pen.  C.,  1127. 
Instructions — 

Bee,  generally,  State  v.  Waterman,  1  Nev. 
543. 

Justifiable  homicide — Unlawful  act.  State 
v.  Levigne,  17  Nev.  435  (30  P.  1084). 

Province  of.    Idem. 

Property  unlawfully  detained — Assault 
not  justified.  Idem. 

When  court  should  give.    Idem. 

Possession  of  property  immaterial — Man- 
slaughter. Idem. 

A^Miiii|itioii   of  fact — Assault.      Idem. 

Good  character.    Idem. 

Testimony  of  good  character.     Idem. 

Not  necessary  that  defendant  except  for 
refusal  to  give.    State  v.  McNamara,  3  Nev. 
71. 
•Neglect  same  as  refusal.     Idem. 

Not  to  charge  as  to  matters  of  fact,  see 
citations  under  Const.,  sec.  327,  ante. 

Must  be  considered  as  an  entirety.  State 
v.  Lindsey,  19  Nev.  47;  State  v.  Donovan, 
10  Nev.  36;  State  v.  Eaymond,  11  Nev.  98; 
State  v.  Pritchard,  15  Nev.  74;  State  v. 
McLane,  15  Nev.  345. 

Defendant  should  ask  for,  when.  If  the 
defendant  desires  the  court  to  charge  the 
jury  upon  any  given  point,  it  is  his  right 
and  his  business  to  prepare  such  an  instruc- 
tion, and  ask  the  court  to  give  it.  State  v. 
Smith,  10  Nev.  106;  State  v.  Davis,  14  Nev. 
407;  State  v.  St.  Glair,  16  Nev.  207;  State 
v.  King,  16  Nev.  307;  State  v.  McLane,  15 
Nev.  345. 

Defendant  has  a  right  to  have  his  instruc- 
tions given  when  clearly  law.  People  v. 
Bonds,  1  Nev.  33. 

Court  cannot  instruct  the  jury  as  to  the 
existence  or  nonexistence  of  a  disputed  fact. 
Idem. 


Testimony  of  defendant — Erron eous.  State 
v.  Vasquez,  16  Nev.  42. 

Charge  of  the  court — Murder  the  result 
of  malice.  State  v.  Raymond,  11  Nev.  98. 

Homicide,  not  justified  by  provocation. 
State  v.  Crozier,  12  Nev.  300. 

Improper  instruction  not  cured  by  others 
though  proper.  State  v.  Vaughan,  22  Nev. 
2H5  (39  P.  733). 

Insanity — Burden  of  proof  —  Presump- 
tions. Held,  correct.  State  v.  Lewis,  20 
Nev.  334. 

Preponderance  of  evidence.  Insanity  as 
a  defense  to  crime  must  be  established  by  a 
preponderance  of  evidence.  Idem;  State  v. 
Casey,  34  Nev. — (117  P.  5). 

Insanity  and  intoxication.  State  v. 
Thompson,  12  Nev.  140. 

Defendant  not  prejudiced  because  court 
faih-d  to  give  form  of  verdict  for  man- 
slaughter. State  v.  St.  Clair,  16  Nev.  207. 

Intent  to  murder — Use  of  deadly  weapon. 
State  v.  Newton,  4  Nev.  410. 

Accidental  shooting — Instruction,  murder 
or  manslaughter.  State  v.  Kelly,  1  Nev.  224. 

Homicide — Justification.  Where  there  is 
any  testimony  to  support  the  plea  of  justifi- 
able homicide,  the  court  has  no  right  to  with- 
draw that  question  from  the  jury.  State  v. 
Frazer,  14  Nev.  210. 

Instruction.  Degree  of  proof  to  rebut  pre 
sumption  of  murder.  Error  to  instruct  jury 
that  mitigating  circumstances  must  be 
proven  beyond  a  reasonable  doubt,  or  by 
preponderating  proof.  State  v.  McGinnis,  5 
Nev.  337. 

Accused  person  is  entitled  to  reasonable 
doubt,  however  arising.  Idem. 

Instruction  as  to  good  character  of 
defendant — When  properly  refused — Instruc- 


Sec.  7198 


CRIMINAL  PRACTICE 


2020 


tion    as   to   criminal    intent,    when   properly 
refused.     State  v.  McGinnis,  6  Nev.  109. 

Charging  circumstantial  to  be  superior  to 
direct  evidence,  error.  State  v.  Van  Winkle, 
6  Nev.  340. 

Instruction — No  option.  The  jury  may  be 
instructed  that  if  they  find  that  the  accused 
shot  and  killed  the  deceased  while  attempt- 
ing to  perpetrate  a  robbery  on  him,  they  had 
"no  option  but  to  find  the  perpetrator  guilty 
of  murder  in  the  first  degree."  State  v.  Gray, 
39  Nev.  212  (8  P.  456). 

Instruction  that  jury  shall  only  consider 
the  good  character  of  defendant,  when  they 
have  a  reasonable  doubt  of  his  guilt,  is  not 
an  erroneous  instruction.  People  v.  Gleason, 
1  Nev.  173. 

Venue  —  Entitled  to  instruction  as  to. 
Idem. 

Ambiguous  instruction  properly  refused — 
False  definition  of  murder.  State  v.  Ander- 
son, 4  Nev.  265. 

Constitutional  provision  as  to  charging 
juries.  The  constitutional  provision  that 
"Judges  shall  not  charge  juries  in  respect  to 
matters  of  fact,  but  may  state  the  testimony 
and  declare  the  law,"  was  intended  to  pre- 
vent judges  from  charging  that  facts  testi- 
fied to  are  not  established,  but  was  not 
intended  to  prevent,  and  does  not  prevent, 
them  from  charging  what  would  be  the  legal 
effect  of  facts  if  found  to  be  established. 
Idem. 

Instruction  may  contain  correct  principle 
of    law,    but    may    be    refused    because    not  - 
applicable  to  the  case.     State  v.  Squaires,  2 
Nev.  226;    State  v.  Ah  Loi,  5  Nev.  99. 

Arson.  An  instruction  which  assumes 
that  the  defendant  could  only  be  principal 
if  he  himself  set  the  fire  is  erroneous,  and 
should  not  be  given.  Idem. 

Charge  of  the  court,  murder  case — Modi 
fying  an  instruction,  when  not  erroneous. 
When  the  court  in  modifying  a  correct 
instruction  does  not  alter  its  sense,  the 
modification  cannot  be  claimed  to  be  errone- 
ous. State  v.  Smith,  10  Nev.  106. 

Instruction  in  murder  case  that  certain 
facts  would  not  amount  to  more  than  man- 
slaughter, and  verdict  of  manslaughter 
found.  Held,  not  erroneous.  State  v. 
Hutchinson,  7  Nev.  53. 

Explicit  instructions — Reasonable  doubt. 
State  v.  Davis,  14  Nev.  440. 

Charge  of  the  court  on  evidence.  On  a 
trial  for  murder,  if  there  is  no  evidence 
tending  to  establish  the  crime  of  man- 
slaughter, the  court  may  so  inform  the  jury, 
and  charge  them  not  to  consider  the  ques- 
tion. State  v.  Donovan,  10  Nev.  36. 

Murder  in  first  or  second  degree  or 
acquittal.  State  v.  Millain,  3  Nev.  410. 

Voluntary  killing  with  deadly  weapon, 
not  necessarily  murder  in  the  first  degree. 
Contrary  instruction  held  error.  State  v. 
Lopez,  15  Nev.  408. 

Instruction  in  murder  case  that  time  of 
deliberation  is  not  material,  so  long  as 
there  is  determination  to  kill,  to  constitute 
murder  in  the  first  degree:  Held,  not  preju- 
dicial, State  v.  Ah  Mook,  12  Nev.  369. 


Charge  assuming  proof  of  material  facts 
—  Error  —  Retreat  not  necessary,  when. 
State  v.  Kennedy,  7  Nev.  374. 

Self-defense — Remarks  of  judge  in  refus- 
ing instructions,  error.  State  v.  Warren, 
18  Nev.  459. 

Antecedent  threats  alone  do  not  justify 
homicide.  State  v.  Hall,  9  Nev.  58. 

Justification  of  homicide  in  case  of  com- 
bat. State  v.  Ferguson,  9  Nev.  106. 

Self-defense  in  case  of  combat,  cannot 
take  advantage  of  instruction.  State  v. 
Smith,  10  Nev.  106. 

Assault  with  intent  to  commit  murder. 
State  v.  Keith,  9  Nev.  15. 

Assault  with  intent  to  kill.  State  v. 
Marks,  15  Nev.  33. 

Forgery.     State  v.  Cleavland,  6  Nev.  181. 

Assault  with  intent  to  commit  robbery. 
State  v.  Glovery,  10  Nev.  24. 

Burglary.     State  v.  Watkins,  11  Nev.  30. 

Court  may  modify  to  remove  ambiguity. 
Idem. 

Lareenv — Lucri  causa.  State  v.  Slinger- 
land,  19  Nev.  135  (7  P.  280). 

When  judgment  will  be  reversed  for 
improper.  Idem. 

"Indicating"  defined.  State  v.  Loveless, 
17  Nev.  424  (30  P.  1080). 

Possession  of  stolen  property.  State  v. 
Espinozei,  20  Nev.  209  (19  P.  677). 

Remarks  of  court  in  refusing,  when 
improper.  State  v.  Warren,  18  Nev.  459  (5 
P.  134). 

Irrelevant  instructions,  when  prejudicial. 
State  v.  Vaughan,  22  Nev.  286  (39  P.  733). 

Accomplice — Where  none,  instruction  prop- 
erly refused.  State  v.  Burns,  27  Nev.  289 
(74  P.  983). 

Bad  in  part,  the  whole  properly  refused. 
Idem. 

Burglary — Breaking  not  essential.  State 
v.  Simas, '25  Nev.  433  (62  P.  242). 

Circumstantial  evidence.  State  v.  Man- 
dich,  24  Nev.  336  (54.  P.  516). 

Confession  as  evidence.  State  v.  Simas, 
25  Nev.  437  (62  P.  242). 

Determination  of  admissibility  of  con- 
fession— Province  of  court  and  jury.  State 
v  Williams,  31  Nev.  360  (102  P.  974). 

Duty  of  judge.  State  v.  Hennessy,  29 
Nev.  320  (90'P.  221). 

Defense  of  another.     Idem. 

Defendant's  testimonv.  State  v.  Hartlev, 
22  Nev.  343  (28  A.  R.  33,  40  P.  372);  State 
v.  Johnny,  29  Nev.  203  (87  P.  3). 

Denial  of  requested  instruction,  when  given 
in  substance.  State  v.  Buralli,  27  Nev.  41 
(7.1  P.  532);  State  v.  Burns,  27  Nev.  289 
(74  P.  983);  State  v.  Maher,  25  Nev.  465 
(62  P.  236);  State  v.  Johnny,  29  Nev.  20'? 
(87  P.  3). 

Duty  of  court  to  indorse  action  on.  State 
v.  Maher,  25  Nev.  465  (62  P.  236). 

Error  in  refusing — Must  affirmatively 
appear  by  record.  State  v.  Maher,  25  Nev. 
465  (62  P.  236). 

Evidence  admitted  to  be  limited  by 
instructions — Failure'  to  give,  when  not 
error.  State  v.  Simas,  25  Nev.  432(62  P. 
242). 


2021 


CRIMINAL  PRACTICE 


Sec.  7201 


I>utv  of  juror.  State  v.  Hennessv.  i'Ji 
Nev.  320  (00  P.  221). 

Krroneous,  when  not  prejudicial.  S.  Ne\. 
M.  Co.  v.  Holmes  M.  Co.,  2v  Nev.  108(103 

A.  s.  :.->!».  73  i'.  759). 

As  to  false  testimony  refused.  State  \. 
Hums.  27  Xev.  289  (74  P.  983). 

(ii\-cn  liy  court  of  its  own  motion — Must 
l><>  excepted  to.  Idem. 

Must  be  embodied  in  bill  of  exceptions. 
State  v.  Hill,  32  Xev.  185. 

Insanity.  'State  v.  Hartley.  22  Nev.  342 
28  L.  R/A.  33,  40  P.  371'). 

Presumption  of  innocence.  State  v.  Grady, 
32  Nev.  L54. 

\Yitnev-   tcstifyiii-    falsely.      State    v.    Mar 

tel,  32  Nev.  395. 

1  ntoxicarioii  as  defense  to  murder.  State 
v.  .lohimy.  2!«  Nev.  2i»l  (S7  P.  3). 

Jury  are  sole  judges  of  facts.  State  v. 
Sinias.  25  Nev.  433(62  I'.  242);  State  v. 
Grady,  32  Xey.  ir>4;  State  v.  Williams,  31 
Nev.  360(102  P.  974);  State  v.  Buralli,  27 
NeV,  41  (71. P.  •• 

LayiiiL:  stress  on  particular  parts  of  e\  i 
deuce.  Idem. 

Mur.Ser  tiiM   decree.     State  v.   \Vonir  Fun, 

22    NY  'P.    95). 

Must  not  assume  facts  not  admitted.  State 
v  Buialli.  27  Xev.  H  (71  P.  51 

()n     appeal — Error    not    urged.     State    v. 

<iuilieri,   2<i    Xey.   31   (<!2  P.  497). 

Ownership  of  buildini;.  State  v.  Simas, 
IT,  Xey.  4:::;  (112  P.  242). 

7199. 


Manslaughter — May  be  refused  in  homi- 
cide case.  when.  State  v.  Johnny,  29  Nev. 
204  (87  P.  3). 

Self-defense,  state  v.  Hartley,  22  Nev. 
342  (2S  L.  K.  A.  33.  40  P.  372). 

SuHiciency  of  the  proof  to  convict.  State 
y.  Maher,  25  NYy.  4(55  (i\>2  V.  236). 

Threats.  State  y.  .lackman.  2!)  Nev.  403 
(HI  P.  143). 

The  court  has  the  power  to  charge  the 
jury  on  its  own  motion.  State  v.  Burns,  8 
NYv.  251. 

The  charge  giyen  by  a  court  on  its  own 
motion  cannot  be  considered  on  appeal, 
unless  it  l>e  properly  carried  up  by  bill  of 
e-ceptions.  Idem. 

Sections  3Mi  and  387  of  said  former  act 
relate  to  two  distinct  classes  of  instruc-, 
tion;  the  former  to  those  given  by  the  court 
on  its  o\vn  motion;  the  latter,  those  asked 
l.v  either  party;  and  it  is  the  latter  only 
which  are  made,  by  sees.  426,  450  of  said 
act.  a  part  of  the  record  and  deemed 
accepted.  Idem. 

The  charge  giyen  by  the  court  of  its  own 
motion  is  not  a  part  of  the  record  unless  it 
is  included  in  the  bill  of  exceptions.  State 
v.  Ah  Mook,  12  Nev.  3(i!>,  374. 

it  is  the  duty  of  the  clerk  to  attach  the 
hill  of  exceptions  to  the  rest  of  the  judg- 
ment roll  before  it  is  riled,  just  as  it  was 
left  by  the  judge  who  signed  it.  He  must 
not  add  to  it,  or  subtract  from  it  anything 
whatever.  Idem. 


Either  party  may  present  written  charge  to  court— Must  be  given, 
when. 

SEC.  349.  Either  party  may  present  to  the  court  any  written  charge, 
and  request  that  it  may  be  given.  If  the  court  thinks  it  correct  and  perti- 
nent, it  must  be  given ;  if  not,  must  be  refused. 

Kerr,  Pen.  C.,  1127. 

See  State  v.  Burns,  and  State  v.  Ah  Mook, 
under  sec.  348  of  this  act. 

When  the  court  approves  an  instruction 
asked,  and  intends  to  give  it,  but  by  some 


State 


oversight  neglects  to  do  so,  it  is  just  as 
injurious  to  defendant  as  if  positively 
n't  used;  and  if  the  instruction  is  important, 


entitles  the  defendant  to  a  new  trial. 
v.  McNamara,  3  Nev.  71,  78. 

It  is  not  error  to  refuse  an  instruction 
which  has  already  been  given  in  substance, 
and  in  terms  as  clear,  full  and  favorable  to 
the  defendant  as  those  in  which  the  court 
is  asked  to  repeat  it.  State  v.  O'Connor,  11 
Nev.  416,  425. 


7200.    The  court  to  indorse  and  sign  instructions  to  jury. 

SEC.  350.  Upon  each  charge  so  presented  and  given,  or  refused,  the 
court  shall  indorse  its  decision,  and  shall  sign  it.  If  part  be  given  and 
part  refused,  the  court  shall  distinguish,  showing  by  the  indorsement  what 
part  of  the  charge  was  given  and  what  part  refused. 

Kerr,  Pen.  C.,  11 27. 

See  State  v.  Ah  Mook,  under  sec.  348  of 
this  act. 

Instructions  which  are  filed  with  the 
indorsement  of  the  judge  thereon  as  to  his 
action  in  giving  or  refusing  them  are  a  parl 


of  the  record,  and  the  action  of  the  court 
thereon  may  be  reviewed  without  any  for- 
mal bill  of  exceptions.  People  v.  Gleason,  1 
Nev.  173.  ' 

See  State  v.  O'Connor,  11  Nev.  416,  425. 


7201.    Jury  to  decide  in  court  or  retire— Officers  sworn. 

SEC.  351.  After  hearing  the  charge,  the  jury  may  either  decide  in  court 
or  may  retire  for  deliberation.  If  they  do  not  agree  without  retiring,  an 
officer  must  be  sworn  to  keep  them  together  in  some  private  and  convenient 
place,  and  not  permit  any  person  to  speak  to  or  communicate  with  them, 


Sec.  7202  CRIMINAL  PRACTICE  2022 

nor  to  do  so  himself,  unless  by  order  of  the  court,  or  to  ask  them  whether 
they  have  agreed  upon  a  verdict,  and  to  return  them  into  court  when  they 
shall  have  so  agreed,  or  when  ordered  by  the  court. 

Kerr,  Pen.  C.,1128. 

7202.  Defendant  may  be  committed  though  on  bail.  when. 

SEC.  352.  When  a  defendant  who  shall  have  given  bail  shall  appear  for 
trial,  the  court  may,  in  its  discretion,  at  any  time  after  his  appearance  for 
trial,  order  him  to  be  committed  to  the  custody  of  the  proper  officer,  to 
abide  the  judgment  or  further  order  of  the  court,  and  he  must  be  com- 
mitted and  held  in  custody  accordingly. 

Kerr,  Pen.  C.,1129. 

7203.  Court  may  advise  acquittal,  when— Jury  not  bound  by  advice. 
SEC.  353.    If,  at  any  time  after  the  evidence  on  either  side  is  closed,  the 

court  deem  the  same  insufficient  to  warrant  a  conviction,  it  may  advise  the 
jury  to  acquit  the  defendant.    But  the  jury  shall  not  be  bound  by  such 
advice,  nor  must  the  court  for  any  cause  prevent  the  jury  from  giving  a 
verdict,  except  as  provided  in  sections  318,  319,  and  320. 
Kerr,  Pen.  C.,  1118. 

CHAPTER  30 
CONDUCT   OF   JURY 

7204.  Room   to   be  provided   for   the   jury —       7208.  Jury   may  be   discharged  for   sickness 

Expense,  how  paid.  of  juror  and  other  causes. 

7205.  Sheriff  to  provide  food  and  lodging  for       7209.  Jury  not  to  be  discharged  until  verdict 

jury.  rendered — Exception. 

7206.  Jury    may    take    written    instructions,       7210.  Discharge  without  verdict,   retrial. 

certain    papers,    and    own    notes    of       7211.  Adjournment   during  absence  of  jury, 
trial.  7212.  Final  adjournment,  effect  of. 

7207.  Jury  may  return   for  further   instruc-  , 

tions — Notice. 

7204.  Room  to  be  provided  for  jury— Expense,  how  paid. 

SEC.  354.  A  room  shall  be  provided  by  the  sheriff  of  each  county  for  the 
use  of  the  jury  upon  their  retirement  for  deliberation,  with  suitable  fur- 
niture, fuel,  lights  and  stationery,  unless  the  same  have  been  already 
furnished  by  the  county.  The  court  may  order  the  sheriff  to  do  so,  and 
the  expenses  incurred  by  him  in  carrying  the  order  into  effect,  when  certi- 
fied by  the  court,  shall  be  a  county  charge. 

Kerr,  Pen.  C.,1135. 

7205.  Sheriff  to  provide  food  and  lodging  for  jury. 

SEC.  355.  While  the  jury  are  kept  together,  either  during  the  progress 
of  the  trial  or  after  their  retirement  for  deliberation,  they  shall  be  pro- 
vided by  the  sheriff,  at  the  expense  of  the  county,  with  suitable  and  suf- 
ficient food  and  lodging. 

Kerr,  Pen.  C.,1136. 

7206.  Jury  may  take  written  instructions,  certain  papers  and  own  notes 

of  trial. 

SEC.  356.  Upon  retiring  for  deliberation,  the  jury  may  take  with  them 
all  papers,  except  depositions  which  shall  have  been  received  as  evidence 
in  the  case,  or  copies  of  such  public  records  or  private  documents  given  in 
evidence  as  ought  not,  in  the  opinion  of  the  court,  to  be  taken  from  the 
person  having  them  in  possession.  They  may  also  take  with  them  the 
written  instructions  given,  and  notes  of  the  testimony  or  other  proceed- 


2023  CRIMINAL  PRACTICE  Sec,  7211 

ings  on  the  trial,  taken  by  themselves  or  any  of  them,  but  none  taken  by 
any  other  person. 

Kerr,  Pen.  C.,1U7. 

See  State  v.  McNamara,  under  sec.  349  of  this  act. 

Cited,  State  v.  Stewart,  '.»  NYv.  i:5i>. 

• 

7207.  Jury  may  return  for  further  instructions— Notice. 

SEC.  357.  After  the  jury  have  retired  for  deliberation,  if  there  is  any 
disagreement  between  them  as  to  any  part  of  the  testimony,  or  if  they 
desire  to  be  informed  on  any  point  of  law  arising  in  the  cause,  they  must 
require  the  officer  to  conduct  them  into  court.  Upon  their  being  brought 
into  court,  the  information  required  shall  be  given  in  the  presence  of,  or 
after  notice  to,  the  district  attorney  and  the  defendant  or  his  counsel. 

Kerr,  Pen.  C.,  ll.'JS. 

7208.  .Jury  may  be  discharged  for  sickness  of  juror  and  other  causes. 
SEC.  358.    If,  after  the  retirement  of  the  jury,  one  of  them  is  taken  so 

sick  as  to  prevent  the  continuance  of  his  duty,  or  any  other  accident  or 
cause  occurs  to  prevent  their  being  kept  for  deliberation,  the  jury  may  be 
discharged. 

Kerr,  Pen.  C.,  1  l.'JU. 

The  inability  of  the  jury  to  agree  upon  a  rised  in  accordance  with  established  legal 

verdict  is  recognized  as  creating  a  necessity  rules,  and  a  sound  legal  discretion  in  the 

that  justifies  the  discharge  of  the  jury.  Ex  application  of  such  rules  to  the  facts  and 

Parte  .Maxwell,  11  Nev.  428,  4.35;  State  v.  circumstances  of  each  particular  case.  Idem. 

Pritchard.  Hi  .NYv.  109.  The  fact  that  the  jury  could  not  agree  is 

The  jM.wei  of  the  court  to  discharge  a  an  essential  fact,  the  "existence  of  which 

jury,  without  the  consent  of  the  defendant,  ought  to  be  determined  by  the  court  and 

is  not  an  absolute  power,  and  must  be  exer-  established  by  the  record,  "idem. 

7209.  .Jury  not  to  be  discharged  until  verdict  rendered— Exception. 

SEC.  359.  Except  as  provided  in  the  last  section,  the  jury  shall  not  be 
discharged  after  the  cause  is  submitted  to  them,  until  they  have  agreed 
upon  their  verdict  and  rendered  it  in  open  court,  unless  by  the  consent  of 
both  parties,  entered  upon  the  minutes,  or  unless,  at  the  expiration  of  such 
time  as  the  court  may  deem  proper,  it  satisfactorily  appears  that  there  is 
no  reasonable  probability  that  the  jury  can  agree. 

Kerr,  Pen.  ('..  1140. 

>ee  Kx  Parte  Maxwell,  under  sec.  .'JoS  of  this  act. 

7210.  Discharge  without  verdict,  retrial. 

SEC.  360.  In  all  cases  where  a  jury  are  discharged  or  prevented  from 
giving  a  verdict  by  reason  of  any  accident  or  other  cause,  except  where  the 
defendant  is  discharged  from  the  indictment  during  the  progress  of  the 
trial,  or  after  the  cause  is  submitted  to  them,  the  cause  may  be  again  tried. 

Kerr,  Pen.  C1.,  1141. 

7211.  Adjournment  during  absence  of  jury. 

SEC.  361.  While  the  jury  are  absent,  the  court  may  adjourn  from  time 
to  time,  as  to  other  business,  but  it  shall  nevertheless  be  deemed  to  be  open 
for  every  purpose  connected  with  the  cause  submitted  to  the  jury,  until  a 
verdict  be  rendered  or  the  jury  discharged. 

Kerr,  Pen.  C.,  1142. 

This    section    and    the    following    section  where  only   seven  jurors  have  been  passed, 

refers    to    the    situation    existing    after    the  subject   to   peremptory   challenge.     State   v. 

jury  has  been  impaneled  and  sworn  and  have  Jackman,  31  Nev.  511,  517  (104  P.  13). 
the    case    under    deliberation,    and    not    to 


Sec.  7212  CRIMINAL  PRACTICE  2024 

7212.  Final  adjournment,  effect  of. 

SEC.  362.    A  final  adjournment  of  the  court  discharges  the  jury. 

Kerr,  Pen.  C.,  1143. 

See  sec.  4906. 

See  State  v.  Jackman,  under  sec.  3(>1  of  this  act. 

CHAPTER  31 
THE  VERDICT 

7213.  Return   of  jury,  effect  when  part  fail       7220.  Joint  defendants,  verdict  against  one 

to  appear.  or  more — Retrial. 

7214.  Defendant   required   to   be   present   at       7221.  Reconsideration    of    verdict    directed, 

verdict,  when.  when. 

721-1.  Jury  to  declare  verdict.  '  7222.  Informal      verdict  —  No      conviction 

7216.  Forms  of  verdict.  unless  verdict  express. 

7217.  Acquittal  by  reason   of  insanity,  con-       7223.  Jury  mav  be  polled. 

finement  in  the  hospital  for  mental  7224.  Verdict  to  be  read  to  jury  and  recorded 
diseases.  — Disagreement. 

7218.  Degree  of  crime  to  be  found  by  jury.  7225.  Verdict     of     acquittal — Discharge     of 

7219.  Defendant  may  be  found  guilty  of  any  defendant. 

offense  included  in  one  charged.  7226.  Verdict  of  conviction — Commitment. 

7213.  Return  of  jury,  effect  when  part  fail  to  appear. 

SEC.  363.  When  the  jury  have  agreed  upon  their  verdict,  they  must  be 
conducted  into  court  by  the  officers  having  them  in  charge.  Their  names 
must  then  be  called,  and  if  all  do  not  appear,  the  rest  shall  be  discharged 
without  giving  a  verdict.  In  such  a  case,  the  cause  must  be  again  tried. 

Kerr,  Pen.  C.,1147. 

7214.  Defendant  required  to  be  present  at  verdict,  when. 

SEC.  364.  If  the  indictment  be  for  a  felony,  the  defendant  must,  before 
a  verdict,  appear  in  person.  If  it  be  for  a  misdemeanor,  the  verdict  may 
be  rendered  in  his  absence. 

Kerr,  Pen.  C.,1148. 

Cited,  State'  v.  Murphy,  23  Nev.  391  (48  and  such  proof  can  be  inferred  from  cir- 

P.  628).  cumstances.  In  this  case  there  was  proof 

The  slightest  proof  of  penetration  will  of  penetration.  State  v.  Depoister,  25  Nev. 

justify  submitting  the  question  to  the  jury  108,  118  (25  P.  1000). 

7215.  Jury  to  declare  verdict. 

SEC.  365.  If  the  jury  appear,  they  shall  be  asked  by  the  court  or  the 
clerk  whether  they  have  agreed  upon  a  verdict,  and  if  the  foreman  answer 
in  the  affirmative,  they  shall,  on  being  required,  declare  the  same. 

Kerr,  Pen.  C.  J149. 

7216.  Forms  of  verdict. 

SEC.  366.  A  verdict  upon  a  plea  of  not  guilty  shall  be  either  "guilty"  or 
"not  guilty,''  which  imports  a  conviction  or  acquittal  of  the  offense  charged 
in  the  indictment.  Upon  a  plea  of  a  former  conviction  or  acquittal  of  the 
same  offense,  it  shall  be  either  "for  the  state"  or  "for  the  defendant." 
When  the  defendant  is  acquitted  on  the  ground  that  he  was  insane  at  the 
time  of  the  commission  of  the  act  charged,  the  verdict  must  be  "not  guilty 
by  reason  of  insanity."  When  the  defendant  is  acquitted  on  the  ground  of 
variance  between  the  indictment  and  the  proof,  the  verdict  must  be,  "not 
guilty  by  reason  of  variance  between  indictment  and  proof." 

Kerr,  Pen.  C.,  1151. 

Murder  case — Verdict  of  guilty  must  The  court  should  have  disregarded  the 

state  degree.  State  v.  Rover,  10  Nev.  388;  request  of  the  jury  for  instructions  as  to 

State  v.  Lindsey,  19  Nev.  47  (3  A.  S.  776,  5  their  duty  in  recommending  the  defendant 

P.  822).  to  the  mercy  of  the  court.  The  duty  of  the 

The  court  may  always  suggest  to  the  jury  jury  is  to  find  a  verdict  as  to  the  guilt  or 

a  correction  of  their  verdict  as  to  form.  innocence  of  the  defendant.  State  v.  Vas- 

Stnte  v.  Waterman,  1  Nev.  543.  quez,  36  Nev.  42. 


2025 


CRIMINAL  PRACTICE 


Sec.  7-21  J> 


A    recommendation    to    mercy    constitutes 

no  proper  part  of  a  verdict;  but  a  refusal  of 

the  court   to  strike  it  out  is  not  prejudicial 

to    defendant.     Stat.-    v.    Gray,    19    Nev.    I'll' 

8   P.  4.-I5);  State  v.  Stewart,'  9  Nev.   li'n. 

A  verdict  of  acquittal  on  a  good  indict- 
ment puts  an  end  to  all  further  prosecution 
for  the  offense  charged  in  that  indictment 
notwithstanding  any  errors  that  may  have 
been  committed  dui'ini:  the  progress  of  the 
trial.  State  v.  Hall,  3  Nev.  17± 


A  defendant  tried  on  a  criminal  charge 
and  found  not  guilty  by  a  jury  cannot  again 
be  put  on  trial  for  the  same 'offense.  State 
\.  1 1  err  irk,  3  Nev.  L>  .'.<>. 

In  a  prosecution  for  an  assault  with  a 
deadly  weapon  with  the  intent  to  inflict 
upon  the  person  of  another  a  bodily  injury, 
pioperly  charged,  a  verdict  of  "guilty"  is  in 
effect  a  verdict  of  guilty  as  charged  in  the 
indictment.  State  v.  La  wry,  4  Nev.  161.  1(57. 


7217.    Acquitted  by  mison  of  insanity,  confinement  in  tbe  hospital  for 

mental  diseases. 

SEC.  367.  Where  on  a  trial  a  defense  of  insanity  is  interposed  by  the 
defendant  and  he  is  acquitted  by  reason  of  that  defense  the  finding  of  the 
jury  shall  have  the  same  force  and  effect  as  if  he  were  regularly  adjudged 
insane  as  now  provided  by  law,  and  the  judge  thereupon  shall  forthwith 
order  that  the  defendant  be  confined  in  the  hospital  for  mental  diseases 
until  he  be  regularly  discharged  therefrom  in  accordance  with  law. 

See  sees.  Tl'-VJ,  7'MM. 

7*218.     Decree  of  crime  to  be  found  by  jury. 

SEC.  368.  Whenever  a  crime  is  distinguished  into  degrees,  the  jury,  if 
they  convict  the  defendant,  must  find  the  degree  of  the  crime  of  which  he 
is  guilty. 

Kerr.  Pen.  ('.,  1  |.">7. 


Defendant  may   be  found  guilty  of  any  offense  included  iu  one 
charged. 

SEC.  369.  In  all  cases  the  defendant  may  be  found  guilty  of  any  offense, 
the  commission  of  which  is  necessarily  included  in  that  with  which  he  is 
charged  in  the  indictment,  or  may  be  found  guilty  of  an  attempt  to  commit 
the  offense  charged. 

Kerr.  Pen.  C..  11-V.t. 

See  sec.  I  ;•_!<«). 

Where  there  is  no  testimony  tending  ti> 
show  defendant  guilty  of  an  'offense  of  a 
lower  grade  than  the  one  charged,  it  is  not 
error  to  instruct  the  jury  they  must  find  the 
prisoner  guilty  as  charged  or  acquit  him. 
If,  however,  there  is  any  testimony  tending 
to  reduce  the  offense  to  a  lower  grade,  the 
whole  (jiiestion  should  be  submitted  to  the 


jury.     State  v.  Millain,  3  Nev.  410,  442. 
An    indictment   charging   an    assault    with 


ment  an  appeal  was  taken.  It  was  held 
that  the  supreme  court  had  no  jurisdiction 
(Belknap,  J.,  dissenting).  State  v.  McCor- 
mack,  14  Nev.  .",47;  al'Mrmed,  State  v.  Quinn, 
K>  Xev.  89,  90. 

The  sufficiency  of  an  indictment  must  be 
determined  with  reference  to  the  crime 
charged,  and  if  the  indictment  is  good  for 
the  crime  of  "an  assault  with  intent  to  kill," 
it  is  sufficient  to  sustain  a  conviction  of 


intent  to  commit  murder  will  sustain  a  con-       "an    assault    with    a    deadly    weapon    with 

1' i  i*  t  i  *  MI      f\£      on      ocjcjonlf-      -nri  +  Vi      o       /IrkQ/llTr     TXTQO  v\rvr»  i  •n  +  /iv»'f          t  f\          iv»-flirt4-          o  Vk^rlilir          T  »-»   i-nv-rr   **  fPVi  r\ 


viction  of  an  assault  with  a  deadly  weapon 
with  intent  to  inflict  a  b6dily  injury.  State 
v.  Robey,  8  Nev.  312,  320. 

By  virtue  of  this  provision,  a  person 
indicted  for  murder  may  be  convicted  of 
manslaughter.  State  v.  Watkins,  11  Nev. 
30,  34. 

By  virtue  of  this  section,  the  defendant 
might  have  been  convicted  of  "an  attempt 
to  commit  rape,"  even  if  the  child  con- 
sented to  all  he  did,  but  it  was  error  to 
instruct  the  jury  that  he  could,  under  such 
circumstances,  be  convicted  of  "assault  with 
intent  to  commit  rape."  State  v.  Pickett, 
11  Nev.  255,  259  (2  L.  E.  A.  754). 

Defendant  was  indicted  for  the  crime  of 
an  assault  with  intent  to  kill,  and  was 
found  guilty  of  an  "assault."  The  judg- 
ment imposed  a  fine  of  $500  and  taxed  the 
costs  against  defendant.  From  this  judg- 


intent  to  inflict  a  bodily  injury."  The 
graver  charge  includes  the  less.  State  v. 
Collyer,  17  Nev.  275,  287  (30  P.  891). 

1'nder  an  indictment  for  murder  a  defend- 
ant may  be  lawfullv  convicted  of  an  assault 
with  intent  to  kill.  Ex  Parte  Curnow,  21 
Xev.  33,  34  (24  P.  430). 

Where  the  evidence  shows  the  defendant 
to  be  guilty  of  robbery,  he  cannot  complain 
that  he  was  convicted  of  an  attempt  to 
commit  the  crime.  State  v.  O'Keefe,  23 
Nev.  127,  132  (62  A.  S.  768,  43  P.  918). 

Cited,  Ex  Parte  Dela,  25  Nev.  353  (83 
A.  S.  603,  60  P.  217). 

This  section  applies  to  all  cases  then  or 
thereafter  defined  by  statute,  and  therefore 
one  charged  under  a  later  statute  with  sell- 
ing liquor  to  an  Indian  may  be  convicted  of 
an  attempt  to  commit  that  offense.  Ex 
Parte  Finnegan,  27  Nev.  57  (71  P.  642). 


Sec.  7220  CRIMINAL  PRACTICE  2026 

7220.  Joint  defendants,  verdict  against  one  or  more— Retrial. 

SEC.  370.  On  an  indictment  against  several,  if  the  jury  cannot  agree 
upon  a  verdict  as  to  all,  they  may  render  a  verdict  as  to  those  in  regard  to 
whom  they  do  agree,  on  which  a  judgment  shall  be  entered  accordingly, 
and  the  case  as  to  the  rest  may  be  tried  by  another  jury. 

Kerr,  Pen.  C.,1160. 

A  judgment  against  two  defendants  may  be  erroneous,  but  whether  erroneous  or 
jointly  on  a  joint  verdict,  is  not  void,  the  not,  cannot  be  determined  on  habeas  corpus, 
court  having  jurisdiction  though  the  same  Ex  Parte  Gafford,  25  Nev.  101,  104  (83  A. 

S.  568,  57  P.  484). 

7221.  Reconsideration  of  verdict  directed,  when. 

SEC.  371.  When  there  shall  be  a  verdict  of  conviction,  in  which  it 
appears  to  the  court  that  the  jury  have  mistaken  the  law,  the  court  may 
explain  the  reason  for  that  opinion  and  direct  the  jury  to  reconsider  their 
verdict,  and  if,  after  the  reconsideration,  they  return  the  same  verdict,  it 
must  be  entered ;  but  when  there  shall  be  a  verdict  of  acquittal,  the  court 
shall  not  require  the  jury  to  reconsider  it.  If  the  jury  render  an  informal 
verdict,  the  court  may  direct  them  to  reconsider  it,  and  it  shall  not  be 
recorded  until  it  is  rendered  in  some  form  from  which  it  can  be  clearly 
understood  what  the  intent  of  the  jury  is. 

Kerr,  Pen.  C.,  1161;  Utah,  4996. 

7222.  Informal  verdict— No  conviction  unless  verdict  express. 

SEC.  372.  If  the  jury  persist  in  finding  an  informal  verdict,  from  which, 
however,  it  can  be  clearly  understood  that  their  intention  is  to  find  in  favor 
of  the  defendant  upon  the  issue,  it  shall  be  entered  in  the  terms  in  which  it 
is  found,  and  the  court  shall  give  judgment  of  acquittal.  But  no  judgment 
of  conviction  can  be  given  unless  the  jury  find  expressly  against  the 
defendant  upon  the  issue. 

Kerr,  Pen.  C.,1162. 

7223.  Jury  may  be  polled. 

SEC.  373.  When  a  verdict  is  rendered,  and  before  it  is  recorded,  the 
jury  may  be  polled,  on  the  requirement  of  either  party,  in  which  case  they 
shall  be  severally  asked  whether  it  be  their  verdict,  and  if  anyone  answer  in 
the  negative,  the  jury  shall  be  sent  out  for  further  deliberation. 

Kerr,  Pen.  C.,  1163. 

7224.  Verdict  to  be  read  to  jury  and  recorded—Disagreement. 

SEC.  374.  When  the  verdict  is  given,  and  is  such  as  the  court  may 
receive,  the  clerk  must  immediately  record  it  in  full  on  the  minutes,  and 
must  read  it  to  the  jury  and  inquire  of  them  whether  it  be  their  verdict. 
If  any  juror  disagree,  the  fact  must  be  entered  in  the  minutes  and  the  jury 
again  sent  out;  but  if  no  disagreement  be  expressed,  the  verdict  is  com- 
plete, and  the  jury  must  be  discharged  from  the  case. 

Kerr,  Pen.  C.,1164. 

The  provisions  of  the  statute  authorizing  court  to  make  such  other  orders  as  may  be 
the  court  "to  receive  a  verdict  or  discharge  incident  to  the  power  given,  such  as  desig- 
a  jury"  carries  with  it  the  power  to  have  nating  a  day  when  it  would  pronounce  judg- 
the  verdict  recorded,  and  authorizes  the  ment  on  the  verdict.  State  v.  Kover,  13 

Nev.  18,  23. 

7225.  Verdict  of  acquittal— Discharge  of  defendant. 

SEC.  375.  If  judgment  of  acquittal  be  given  on  a  verdict,  and  the 
defendant  be  not  detained  for  any  other  legal  cause,  he  must  be  discharged 
as  soon  as  the  verdict  is  given. 

Kerr,  Pen.  C.,  1165. 

7226.  Verdict  of  conviction— Commitment. 

SEC.  376.    If  a  verdict  is  rendered  against  the  defendant,  he  must  be 


2027  CRIMINAL  PRACTICE  Sec.  7229 

remanded,  if  in  custody ;  or  if  on  bail,  he  may  be  committed  to  the  proper 
officer  to  await  the  judgment  of  the  court  upon  the  verdict.  When  com- 
mitted, his  bail  shall  be  exonerated ;  or  if  money  is  deposited  instead  of 
bail,  it  must  be  refunded  to  the  defendant. 

Kerr,  Pen.  (\.  1  l(i(i;   Utah,  41HM). 

CHAPTER  32 
EXCEPTIONS 

Ti'i'7.  Exceptions  may    be   taken    by    defend-       7229.  What  deemed  excepted  to  by  defend- 
ant, how.  a  ut. 

7--^.   Cdem— Exception  may  be  taken  by  dil-       7 :.'.">( >.   Written     charges    to     form     part     of 
trict  attorney.  record. 

7i!.'ll.    What    deemed    excepted    to    by    either 
(.arty. 

7227.  Kxreptions  may  be  taken  In  defendant,  how. 

SEC.  377.  On  the  trial  of  an  indictment,  exceptions  may  be  taken  by  the 
defendant  to  a  decision  of  the  court  upon  a  matter  of  law  in  any  of  the 
following  cases : 

1.  In  disallowing  a  challenge  to  the  panel  of  the  jury,  or  to  an  individual 
juror; 

2.  In  admitting  or  rejecting  witnesses  or  testimony,  on  the  trial  of  a 
challenge  to  a  juror  for  actual  bias; 

3.  In  admitting  or  rejecting  witnesses  or  testimony,  or  in  deciding  any 
question  of  law,  not  a  matter  of  discretion. 

Kcrr,  IVn.  C.,  1170. 

Bill  of  exceptions.     The  bill  of  exceptions,  Tin-  reporter's  notes  of  the  proceedings  of 

pmperlv    settled    and    signed    by    the    judge,  a  trial  can  only  be  considered  when  adopted 

luLvtlier   with   the  rest   of  the  rerunl   as  pro-  by   the   court    as   correct,   and   including   the 

vided    for    in    section    41."..    is    all    that    the  bill  of  exceptions,  settled  and  signed  by  the 

supreme  court   will  notice  in  the  examination  judge.      Idem. 

of  a  criminal  case  mi  appeal.     State  v.  John-  Cited,  State  v.  Pritchard,  15  Nev.  83. 

son,  IL'  Nev.  li'l;  State  v.  Roderigas,  7  Nev.  K\  idence  stricken  and  then  allowed,  any 

328;  State  v.  Baker,  8  Nev.  141;  State  v.  Ah  en.n    in  former  ruling  thereby  cured.     State 

Hun-.    11     Xev.     li'S;    State    v.    McLane,    1~>  \ .  Vauglinii,  L'2  Nev.  285  (39  P.  733). 

Nev.  346;  State  v.  Darling,  4  Nev.  413;  State  <  'Imllenge  to   juror  and  exception.     State 

v.   Wilson,  •-'   Nev.  43.  v.    Hartley,  22  Nev.  342(28  L.  R.  A.  33,  40 

objections   to   the   admission    in    evidence  P.  .'572);  State  v.  Simas,  25  Nev.  432(62  P. 

Of    certain    bills    of    sale    will    not    be    con-  242);   State  v.   Vaughan,  22  Nev.  285(39  P. 

sidered   on   appeal  because  the  bills  of  sale  733). 

are  not  embodied  in  the  bill  of  exceptions.  Alleged  errors  which  do  not  appear  in  the 

State  v.  Potts,  20  Nev.  389  (22  P.  754).  bill   of  exceptions  need  not  be  discussed  by 

An    appeal    presented   without    any    state-  the   supreme   court.     State  v.   Lawrence,   28 

ment  or  bill  of  exceptions  will  be  dismissed  Nev.  440  (82  P.  614). 

state    v.    Fellows,    8    Nev.    311,    affirmed).  The  overruling  of  a  general  objection  to 

State  v.  Lamb,  20  Nev.  181  (19  P.  33).  evidence,  the  grounds  of  which  are  not  speci- 

The  expression  "minutes  of  the  trial,"  in  fled, 'and   to    which    ruling   no    exception    is 

sec.  413  of  this  act,  means  only  the  minutes  taken,  is  not  error.     Idem. 

as   kept   by  the  clerk,  and  recorded  in   the  The  particular  ground  of  an  objection  or 

minute  book  containing  the  proceedings  of  exception  to  the  admission  of  evidence  must 

the  trial,  that  are  daily  read  by  the  clerk  and  be  stated  in  order  to  make  the  ruling  review - 

aj (proved  by  the  court.     State  v.  Larkin,  11  able  on  appeal.     State  v.  Mangana,  33  Nev. 

Xev.  314,  325.  —  (112  P.  694). 

7228.  Idem— Exception  may  be  taken  l>y  district  attorney. 

SEC.  378.  The  exceptions  may  be  taken  by  the  district  attorney,  or 
other  counsel  for  the  state,  to  a  decision  of  the  court  upon  a  matter  of  law 
in  any  of  the  cases  specified  in  the  third  subdivision  of  the  preceding 
section. 

Kerr,  Pen.  C.,1172. 

7229.  What  deemed  excepted  to  by  defendant. 

SEC.  379.  The  decision  of  the  court  in  a  criminal  action  or  proceeding 
upon  a  matter  of  law  shall  be  deemed  excepted  to  by  the  defendant  in  the 
following  cases : 

1.  In  refusing  to  grant  a  motion  for  a  change  of  place  of  trial ; 


Sec.  7280  CRIMINAL  PRACTICE  2028 

2.  In  refusing  to  postpone  the  trial  on  motion  of  the  defendant. 

When  the  verdict  of  the  jury  is  against  the  defendant,  it  shall  be  deemed 
excepted  to'  by  him. 

Kerr,  Pen.  C.,  1173;  N.  D.,  8260;  Utah,  4945. 

Sec.  423  of  the  act  of  1861,  435,  cited,  Peo  Sec.   424    of   the    act    of    1861,   435,    cited, 

pie   v.    G-leason,    1    Nev.    173,    175;    State   v.       State  v.  Huff,  11  Nev.  23,  24;  State  v.  Lar- 
Salge,    1    Nev.   456,   459;    State   v.   Baker,   8       kin,  11  Nev.  322;  State  v.  Hill,  32  Nev.  187 
Nev.    141,   145;    State   v.   Huff,   11   Nev.    24;        (105  P.  1025). 
State    v.    Larkin,    11    Nev.    322;     State    v. 
Campbell,  20  Nev.  125  (17  P.  620). 

7230.    Written  charges  to  form  part  of  record. 

SEC.  380.  When  any  written  charge  has  been  requested  and  given,  or 
refused,  or  given  by  the  court  of  its  own  motion,  the  question  or  questions 
contained  in  such  charge  need  not  be  excepted  to,  but  the  written  charge, 
given  or  refused,  with  the  indorsements  showing  the  action  of  the  court, 
shall  form  part  of  the  record,  and  any  error  in  the  decision  of  the  court 
thereon  may  be  taken  advantage  of  on  appeal  in  like  manner  as  if  presented 
in  a  bill  of  exceptions. 

Kerr,  Pen.  C.,  1176. 

Instructions     which     are     filed     with     the  considered    on    appeal    in    the    absence    of 

indorsement  of  the  judge  thereon  as  to  his  exceptions  thereto.      (See  cases  above.) 

action  in  giving  or  refusing  them  are  a  part  The  simple  reservation  of  an  exception  is 

of  the  record,  and  the  action  of  the  court  not    sufficient,    the    point    of    the    exception 

thereon  may  be  reviewed  without  any  formal  must  be  stated  at  the  time  the  exception  is 

bill  of  exceptions.     People  v.  Gleason,  1  Nev.  taken,    or   it   will   be    disregarded.     McGurn 

175;   State  v.  Waterman,  1  Nev.  559;   State  v.  Mclnnis,  24  Nev.  370  (55  P.  304). 

v.  McNamara,  3  Nev.  71,  79;  State  v.  Stan-  A    contention    that    the    court    erred    in 

ley,  4  Nev.  71,  77;  State  v.  Dowling,  4  Nev.  refusing  an  instruction  must  be  disregarded, 

413,  414;  State  v.  Forsha,  8  Nev.  137;  State  if  no  objection  or  exception  appears  to  have 

v.  Burns,  8'  Nev.  251,  254,  255;  State  v.  Ah  been    made    to    the    action    of    the    court. 

Mook,  12  Nev.  373,  374;  State  v.  Bouton,  26  McNamee  v.  Nesbitt,  24  Nev.  400  (56  P.  37). 

Nev.  34,  41  (62  P.  595);   State  v.  Burns,  27  Under  former  practice  instructions  given 

Nev.  290,  294  (74  P.  983).  by  the  court  of  its  own  motion  were  not  a 

Under  former  practice,  instructions  given  part  of  the  record  on  appeal  unless  embodied 

by  the  court  of  its  own  motion  could  not  be  in  the  bill  of  exceptions.     State  v.  Hill,  32 

Nev.  185  (105  P.  1025). 

7281.    What  deemed  excepted  to  by  either  party. 

SEC.  381.  The  decision  of  the  court  in  a  criminal  action  or  proceeding 
upon  a  matter  of  law  shall  be  deemed  excepted  to  by  either  party  in  the 
following  cases : 

1.  In  granting  or  refusing  a  motion  to  set  aside  an  indictment ; 

2;  In  allowing  or  disallowing  a  demurrer  to  an  indictment ; 

3.  In  granting  or  refusing  a  motion  in  arrest  of  judgment ; 

4.  In  granting  or  refusing  a  motion  for  a  new  trial ; 

5.  In  making  or  refusing  to  make  an  order  after  judgment  affecting  any 
substantial  right  of  the  parties. 

Kerr,  Pen.  C.,  1172;  N.  D.,  8259;  Utah,  4944. 

CHAPTER  33 
NEW  TRIAL 

7232.  New  trial  defined — Effect  of  granting       7235.  Idem — When  based  upon  affidavit. 

— Procedure  on.  7236.  Idem  —  Proceedings    may    be     stayed 

7233.  Application  must  be  made  before  judg-  until  motion  disposed  of. 

ment  entered.  7237.  Court   may  grant   not  more  than   two 

7234.  Grounds  for  new  trial.  new  trials  on  its  own  motion. 

7232.    Xew  trial  defined— Effect  of  granting— Procedure  on. 

SEC.  382.  A  new  trial  is  a  reexamination  of  the  issue  in  the  same  court 
before  another  jury,  after  a  verdict  has  been  given.  It  places  the  parties 
in  the  same  condition  as  if  no  trial  had  been  had.  All  the  testimony  must 
be  produced  anew,  and  the  former  verdict  cannot  be  used  or  referred  to 


2029  CRIMINAL  PRACTICE  Sec.  7237 

either  in  evidence  or  in  argument,  nor  be  pleaded  in  bar  of  any  conviction 
which  might  have  been  had  under  the  indictment. 

Kerr,  Pen.  (\,  1175). 

Where  one  charged  with  murder  is  con-  accused  in  the  same  position  as  if  he  had 
\ir1ed  of  involuntary  manslaughter,  and  on  never  been  tried;  and  he  cannot  plead 
a | ipeal  a  new  trial  is  granted  him  because  of  former  acquittal  of  crimes  of  '  a  greater 
a  mistrial  in  the  first  instance,  or  for  irregu-  degree  than  the  one  of  which  he  was  con- 
la  ritv  or  prejudicial  error  committed  against  victed.  In  re  Somers,  31  Nev.  531,  533, 
him,'  tin>  reversal  and  remanding  sets  aside  •">:!(;  (135  A.  S.  700,  103  P.  1073). 
the  result  of  the  former  trial  and  leaves 

7233.    Application  must  be  made  before  judgment  entered. 

SEC.  383.  The  application  for  a  new  trial  must  be  made  before  the  judg- 
ment is  entered  in  the  cause  and  shall  be  made  upon  motion  orally  or  in 
writing,  stating  one  or  more  of  the  grounds  specified  in  the  preceding 
section. 

Kerr,  Pen.  ('.,  11S:>. 

Cited.  State  v.  I  luff,  I  I   Nev.  1*4. 

7284.    (irounds  for  new  trial. 

SEC.  384.  The  court  in  which  a  trial  is  had  upon  the  issue  of  fact,  has 
power  to  grant  a  new  trial  where  a  verdict  has  been  rendered  against  the 
defendant  upon  his  application,  in  the  following  cases  only: 

1.  When  the  trial  has  been  had  in  his  absence,  if  the  indictment  be  for 
felony ; 

2.  When  the  jury  has  received  any  evidence  out  of  court  other  than  that 
resulting  from  a  view,  as  provided  in  section  341. 

3.  When  the  jury  have  separated  without  leave  of  the  court,  after  retir- 
ing to  deliberate  upon  their  verdict,  or  have  been  guilty  of  any  misconduct 
tending  to  prevent  a  fair  and  due  consideration  of  the  case  \ 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any  means  other  than 
a  fair  expression  of  opinion  on  the  part  of  all  the  jurors; 

5.  When  the  court  has  misdirected  the  jury  in  a  matter  of  law,  or  has 
erred  in  the  decision  of  any  question  of  law  arising  during  the  course  of 
the  trial ; 

6.  When  the  verdict  is  contrary  to  law  or  evidence,  but  no  more  than  two 
new  trials  shall  be  granted  for  this  cause  alone. 

Kerr,  Pen.  C.,  1181. 

The  first  four  grounds  for  new  trial  may  the    first    time    that    before    the    jury    was 

be    presented    simply    l>y    allidavit    without  impaneled,  a  juror  had  formed  and  expressed 

either  statement  or  bill  of  exceptions.  State  an   opinion   as  to  his  guilt,  is  not  a   ground 

v.  Stanley,  4  Nev.-71,  74,  76.  h.r  a  ne\v  trial.     State  v.  Marks,  15  Nev.  33, 

The   fact   that   after   a   verdict   of  guilty  :!<>. 
has  been  rendered,  the  accused  ascertains  for  cited,  State  v.  Lopez,  15  Nev.  410. 

7235.  Idem— When  based  upon  affidavit. 

SEC.  385.  A  motion  for  a  new  trial,  if  made  for  any  of  the  causes  men- 
tioned in  subs.  1,  2,  3,  and  4,  of  section  384,  must  be  based  upon  affidavit  to 
which  counter  affidavits  may  be  filed. 

M<mt.,'J194;  Utah,  4954. 

7236.  Idem— Proceedings  may  be  stayed  until  motion  disposed  of. 

SEC.  386.  The  court  may  make  an  order  staying  further  proceedings  in 
the  case  until  the  motion  for  a  new  trial  is  disposed  of. 

7237.  Court  may  grant  not  more  than  two  new  trials  on  its  own  motion. 

SEC.  387.  The  court  may  grant  not  more  than  two  new  trials  upon  its 
own  motion,  when,  to  the  actual  prejudice  of  the  defendant  and  the  mis- 
carriage of  justice,  the  court  has  misdirected  the  jury  or  erred  in  the  deci- 
sion of  any  question  of  law,  or  where  there  has  been  such  plain  disregard 
by  the  jury  of  the  instructions  of  the  court  or  the  evidence  in  the  case  as 
128 


Sec.  7238  CRIMINAL  PRACTICE  2030 

to  satisfy  the  court  that  the  verdict  was  rendered  under  a  misapprehension 
of  the  instructions  or  under  the  influence  of  passion  or  prejudice. 

CHAPTER  34 

ARREST  OF  JUDGMENT 

72.'5s.  Arrest   of  judgment   defined— Grounds       7240.  Idem — Effect  of  allowance. 

for.  7241.  Proceedings  after  allowance  of  arrest 

7230.  Idem— By  court  of  its  own  motion.  of  judgment. 

7238.  Arrest  of  judgment  defined— Grounds  for. 

SEC.  388.  A  motion  in  arrest  of  judgment  is  an  application  on  the  part 
of  the  defendant  that  no  judgment  be  rendered  on  a  plea  or  verdict  of 
guilty,  or  on  a  verdict  against  the  defendant  on  a  plea  of  a  former  con- 
viction or  acquittal  or  once  in  jeopardy.  It  may  be  founded  on  any  of  the 
defects  in  the  indictment  mentioned  in  section  247,  unless  the  objection 
shall  have  been  waived  by  a  failure  to  demur,  and  must  be  made  before  or 
at  the  time  the  defendant  is  called  for  judgment. 

Kerr,  Pen.  C.,  1185;  Utah,  4901. 

Objections  to  the  form  of  an  indictment  be  sustained  upon  the  ground  that  the  court 

for  defects  apparent  upon  its  face  cannot  lias  no  jurisdiction  over  the  subject  of  the 

bo  taken  advantage  of  for  the  first  time  on  indictment,  or  that  the  facts  stated  do  not 

appeal.  State  v.  O'Flaherty,  7  Nev.  154,  158.  constitute  a  public  offense.  State  v. 

A  motion  in  arrest  of  judgment  can  only  O'Connor,  11  Nev.  416. 

7239.  Idem— By  court  of  its  motion. 

SEC.  389.  The  court  may  also,  on  its  own  view  of  any  of  these  defects, 
arrest  the  judgment  without  motion. 

Kerr,  Pen.  C.,  1186. 

7240.  Idem— Effect  of  allowance. 

SEC.  390.  The  effect  of  allowing  a  motion  in  arrest  of  judgment  is  to 
place  the  defendant  in  the  same  situation  in  which  he  was  before  the 
indictment  was  found. 

Kerr,  Pen.  C.,  1187. 

See  State  v.  O'Connor,  under  sec.  388  of  this  act. 

7241.  Proceedings  after  allowance  of  arrest  of  judgment. 

SEC.  391.  If,  from  the  evidence  on  the  trial,  there  is  reasonable  ground 
to  believe  the  defendant  guilty,  and  a  new  indictment  can  be  framed  upon 
which  he  may  be  convicted,  the  court  may  order  him  to  be  recommitted  to 
the  officers  of  the  proper  county,  or  admitted  to  bail  anew  to  answer  the 
new  indictment.  If  the  evidence  show  him  guilty  of  another  offense,  he 
shall  be  committed  or  held  thereon,  and  in  neither  case  shall  the  verdict  be 
a  bar  to  another  prosecution  or  indictment.  But  if  no  evidence  appear 
sufficient  to  charge  him  with  any  offense,  he  shall,  if  in  custody,  be  dis- 
charged ;  or,  if  admitted  to  bail,  his  bail  shall  be  exonerated ;  or,  if  money 
has  been  deposited  instead  of  bail,  it  shall  be  refunded  to  the  defendant, 
and  the  arrest  of  judgment  shall  operate  as  an  acquittal  of  the  charge  upon 
which  the  indictment  was  founded. 

Kerr,  Pen.  C.,1188. 

CHAPTER  35 

THE    JUDGMENT 

7242.  Court  to  appoint  time  for  pronouncing       7246.  Bench  warrant  for  absent  defendant — 

judgment.  Bail  forfeited. 

724.'!."  Time    appointed    to    be    two     days —  7247.  Bench  warrant  isued  to  several  coun- 

Exception.  ties      on      application      of      district 

7244.  Upon  a  plea  of  guilty,  court  to  deter-  attorney. 

mine  degree.  7248.  Bench  warrant,  form  of. 

7245.  Presence    of    defendant    required    for       7249.  Bench  warrant  served  same  as  warrant 

judgment     in     felony    case — Misde-  of  arrest, 

meaner,  not. 


2031  CRIMINAL  PRACTICE  Sec.  7217 

TL'.'H.   Idem —  Arrest      and      disposition      of  7'2~>7.   Imprisonment    to    satisfy   fine    at   rate 

defendant.  of  two  dollars  per  day. 

7'2~>\.   Appearance  for  judgment — Defendant  7258.  Judgment  for  fine  constitutes  lien. 

asked  to  show  cause.  7L'")9.  Court   may   suspend  sentence. 

.    Ma\  set  up  insanity,  or  cause  for  arrest  7200.  Indeterminate   sentences. 

of    judgment,   or  for  new  trial.  72(51.   Hoard   of  pardons  to  determine  period 
liendition  of  judgment.  of     imprisonment     when     minimum 

7 2"t 4.    Idem — Facts  may  be  shown  in  rnitiga-  served. 

tioii  or  aggravation — Notice.  72<52.  When     complainant     to     pay     costs — 
7255.    Idem — How  prevented — Limitation.  Judgment — Execution. 

72."'i.   Conviction    of   two   or  more   offenses —  72<5.">.    Kntry    of   judgment,   record   of   action, 

Terms  begin,    when.  what    to    include. 

1*1 1-2.    Court  to  appoint  time  for  pronouncing  judgment. 

SEC.  392.  After  a  plea  or  verdict  of  guilty,  or  after  a  verdict  against 
the  defendant,  on  a  plea  of  a  former  conviction  or  acquittal,  or  once  in 
jeopardy,  if  the  judgment  be  not  arrested  or  a  new  trial  granted,  the  court 
shall  appoint  a  time  for  pronouncing  judgment. 

Kerr.  Pen.  ('.,  1I<»1. 

The   judgment   in   a   criminal    case  recites  the     court,      and      defendant      should     have 

that    the    prisoner    was    brought    into    court  excepted    to    the    action    of    the    court    and 

and     plead     guilty,     •'whereupon    the    court  taken    an    appeal    if    dissatisfied.      Habeas 

sentenced   the  said   S."   If  this  record  shows  corpus    is   not    the    proper  remedy  to  correct 

affirmatively   that   there    was    no    interval   of  errors.     Ex  Parte  Smith,  2  Nev.  338,  341. 

time    between    the    plea    of    guilty    and    sen-  Oral    evidence   is   not   admissible   to   show 

tence,    it    (inly    shows    error    on    the    part    of  ermr  in   the  proceedings  of  the  court  below. 

Idem. 

7248.    Time  appointed  to  he  t\\o  days— Exception. 

SEC.  393.  The  time  appointed  shall  be  at  least  two  days  after  the  verdict, 
if  the  court  intend  to  remain  in  session  so  long;  or,  if  not,  as  remote  a 
time  as  can  reasonably  be  allowed.  But  in  no  case  shall  judgment  be 
rendered  in  less  than  six  hours  after  the  verdict. 

Kerr.  Pfen.C.,  1191. 

7244.  Tpon  plea  of  guilty,  court  to  determine  decree. 

SEC.  394.  Upon  a  plea  of  guilty  of  a  crime  distinguished  or  divided  into 
degrees,  the  court  must,  before  passing  sentence,  determine  the  degree. 

Kerr,  Pen.  ('..  119-J. 

7245.  Presence  of  defendant  required  for  judgment  in  felony  case— Mis- 

demeanor not. 

SEC.  395.  For  the  purpose  of  judgment,  if  the  conviction  be  for  a  felony, 
the  defendant  must  be  personally  present;  if  it  be  for  misdemeanor,  judg- 
ment may  be  pronounced  in  his  absence. 

Kerr,  Pen.  C.,  1193. 

7246.  Bench  warrant  for  absent  defendant— Bail  forfeited. 

SEC.  396.  If  the  defendant  shall  have  been  discharged  on  bail,  or  shall 
have  deposited  money  instead  thereof,  and  does  not  appear  for  judgment 
when  .his  personal  appearance  is  necessary,  the  court,  in  addition  to  the 
forfeiture  of  the  recognizance,  or  of  the  money  deposited,  may  direct  the 
clerk  to  issue  a  bench  warrant  for  his  arrest. 

Kerr,  Pen.  C.,  1195. 

7247.  Bench  warrant  issued  to  several  counties  on  application  of  district 

attorney. 

SEC.  397.  The  clerk,  on  the  application  of  the  district  attorney,  may, 
accordingly,  at  any  time  after  the  order,  whether  the  court  be  sitting  or 
not,  issue  a  bench  warrant  into  one  or  more  counties. 

Kerr,  Pen.  C.,  1196. 


Sec.  7248  CRIMINAL  PRACTICE  2032 

7248.  Bench  warrant,  form  of. 

SEC.  398.  The  bench  warrant  must  be  substantially  in  the  following 
form: 

State  of  Nevada,  county  of The  State  of  Nevada,  to  any- 

sheriff,  constable,  marshal,  policeman,  or  other  peace  officer  in  this  state: 

A.  B.  having  been  on  the day  of .,  A.  D.  19....,  duly  convicted  in 

the judicial  district  court  of  the  State  of  Nevada  and  in  and  for 

the  county  of ,  of  the  crime  of  (designating  it  generally)  ; 

you  are  therefore  commanded  forthwith  to  arrest  the  above-named  A.  B. 
and  bring  him  before  that  court  for  judgment,  or  if  the  court  has  adjourned, 

that  you  deliver  him  into  the  custody  of  the  sheriff  of  the  county  of 

Given,  by  order  of  the  court,  under  my  hand  with  the  seal  of  said  court 
affixed,  this  the day  of ,  A.  D.  19.....  (Seal.)  E.  F.,  Clerk. 

Kerr,  Pen.  C.,1197. 

7249.  Bench  warrant  served  same  as  warrant  of  arrest. 

SEC.  399.  The  bench  warrant  may  be  served  in  any  county,  in  the  same 
manner  as  a  warrant  of  arrest. 

Kerr,  Pen.  C.,H98. 

7250.  Idem— Arrest  and  disposition  of  defendant. 

SEC.  400.  Whether  the  bench  warrant  shall  be  served  in  the  county  in 
which  it  is  issued,  or  in  another  county,  the  officer  must  arrest  the  defend- 
ant and  bring  him  before  the  court,  or  commit  him  to  the  officer  men- 
tioned in  the  warrant,  according  to  the  command  thereof. 

Kerr,  Pen.  C.,1199. 

7251.  Appearance  for  judgment— Defendant  asked  to  show  cause. 

SEC.  401.  When  the  defendant  appears  for  judgment,  he  shall  be 
informed  by  the  court,  or  by  the  clerk  under  its  direction,  of  the  nature  of 
the  indictment,  and  of  his  plea,  and  the  verdict,  if  any  there  are,  and  shall 
be  asked  whether  he  have  any  legal  cause  to  show  why  judgment  should 
not  be  pronounced  against  him. 

Kerr,  Pen.  C.,  1200. 

Cited,  State  v.  Huff,  11  Nev.  24;  Ex  Parte  Dela,  25  Ney.  350  (83  A.  S.  603,  (>()  P.  217). 

7252.  May  set  np  insanity,  or  cause  for  arrest  of  judgment,  or  for  new 

trial. 

SEC.  402.     He  may  show  for  cause  against  the  judgment: 

1.  That  he  is  insane;  and  if,  in  the  opinion  of  the  court,  there  is  reason- 
able ground  for  believing  him  to  be  insane,  the  question  of  insanity  must 
be  tried,  as  provided  by  law.     If,  upon  the  trial  of  that  question,  the  jury 
find  that  he  is  sane,  judgment  must  be  pronounced;   but  if  they  find  him 
insane,  he  must  be  committed  to  the  hospital  for  mental  diseases  until  he 
becomes  sane ;  and  when  notice  shall  have  been  given  of  that  fact,  as  pro- 
vided in  section  542,  he  must  be  brought  before  the  court  for  judgment. 

2.  That  he  has  good  cause  to  offer,  either  in  arrest  of  judgment  or  for 
a  new  trial;  in  which  case  the  court  may,  in  its  discretion,  order  the  judg- 
ment to  be  deferred,  and  proceed  to  decide  upon  the  motion  in  arrest  of 
judgment  or  for  a  new  trial. 

Kerr,  Pen.  C.,  1201. 
See  sees.  7217,  7336. 
Cited,  State  v.  Huff,  11  Nev.  24. 

7253.  Rendition  of  judgment. 

SEC.  403.  If  no  sufficient  cause  be  alleged  or  appears  to  the  court  why 
judgment  should  not  be  pronounced,  it  must  thereupon  be  rendered. 

Kerr,  Pen.  C.,  1202. 


2033                                     CRIMINAL  PRACTICE                              Sec.  7257 

<  'lerk     should     put     judgment     in     form.  Where   ihe   second    sentence   of  a   defend- 

When  adopted  by  court,  it  is  part  of  record.  ant    already    sentenced    for    another    ott'ense 

Kx   Parte  Salge,  1  Nev.  449.                          .  f.-iils    to    state    the    commencement     of    the 

It    is   indispensable   to    the    validity    of    a  term,  it   will   run  concurrently   with  the  first. 

judgment   that    it    be    rendered    at    the   time  Idem. 

and     place     prescribed     by    law.       State     v.  An    error    in    a    sentence,    in    assigning    a 

lioberts,  8  Nev.  239.  wrong     place     of     imprisonment,     may     be 

A    judgment    which    does    not    specify    any  rejected    as    surplusage    and    will    not   vitiate 

time   for   the    imprisonment   to   commence   is  the     entire     sentence.     Ex    Parte    Tani,    29 

not    void.      The   better    practice    is   not   to   fix  Nev.  386,    \:\    L.  R.  A.  (N.  S.)  518,  91  P.  137. 

the  commencement   of  the  term,   but    merely  Imprisonment      for     nonpayment,     of     fine 

to    state    its    duration    and    place    of    confine-  must    be    in    county    jail.      Idem. 

nient.      State  v.   Smith,   10   Nev.   107.  Imprisonment    for    unpaid     line     must    be 

In   the   absence   of  a   statute  to  the   con-  ordered    in   the  judgment.      Kx    Parte  Patter- 

trary,    a    sentence    to    imprisonment    for    a  son,  L'!>   Nev.  I'I'IMST   P.  iM. 

definite    term    is    not    void    because    it    fails  A    person    who    has    been    imprisoned    the 

to    >tate    when    the    term    begins.       Kx    Parte  number   of   days   specitied    in    the   sentence  is 

(iaflord,    '2~>    Nev.     101  (83    A.    S.    568,    T>7     I'.  entitled     to    his    discharge,    though    the     line 

has   not    been    paid.      Idem. 


Idem—  Facts  may  be  shown  in  mitigation  or  aggravation—  Notice, 
SEC.  404.  After  a  plea  or  verdict  of  guilty,  when  a  discretion  is  con- 
ferred upon  the  court  as  to  the  extent  of  the  punishment,  the  court,  upon 
the  oral  suggestion  of  either  party  that  there  are  circumstances  which  may 
be  properly  taken  into  view,  either  in  aggravation  or  mitigation  of  the 
punishment,  may,  in  its  discretion,  hear  the  same  summarily,  at  a  specified 
time,  and  upon  such  notice  to  the  adverse  party  as  it  may  direct. 

Kerr,  Pen.  ('..  PJo:;. 

7255.  Idem—  How  presented  —  Limitation. 

SEC.  405.  The  circumstances  must  be  presented  by  the  testimony  of 
witnesses  examined  in  open  court,  except  that  when  a  witness  shall  be  so 
sick  or  infirm  as  to  be  unable  to  attend,  his  deposition  may  be  taken  by  a 
magistrate  of  the  county,  out  of  court,  upon  such  notice  to  the  adverse 
party  as  the  court  may  direct.  No  affidavit  or  testimony,  or  representation 
of  any  kind,  verbal  or  written,  shall  be  offered  to  or  received  by  the  court 
or  a  judge  thereof,  in  aggravation  or  mitigation  of  the  punishment,  except 
as  provided  in  this  and  the  next  preceding  section. 

Kerr,  Pen.  ('..  lL'04. 

7256.  Conviction  of  two  or  more  offenses—  Terms  be"  in.  when. 

SEC.  406.  If  the  defendant  has  been  convicted  of  two  or  more  offenses 
before  judgment  on  either,  the  judgment  may  be  that  the  imprisonment 
upon  any  one  may  commence  at  the  expiration  of  the  imprisonment  upon 
any  other  of  the  offenses. 

N.  I).,  SU<)4;   Utah,  41)1  S. 

-ec.  ()8()o. 
See  Ex  Parte  <  i  afford,  under  sec.  403  of  this  act. 

7257.  Imprisonment  to  satisfy  fine  at  rate  of  two  dollars  per  day. 

SEC.  407.  A  judgment  that  the  defendant  pay  a  fine  may  also  direct  that 
he  be  imprisoned  until  the  fine  be  satisfied,  specifying  the  extent  of  the 
imprisonment,  which  shall  not  exceed  one  day  for  every  two  dollars  of  the 
fine,  or  in  that  proportion. 

Kerr,  Pen.  C.,12(K>. 

Belators  were  found  guilty  of  assault  and  Eelator  could  be  imprisoned  for  the  fine. 

battery,    fined    in    the    sum    of    one    hundred  The  judgment  for  costs  can  be  enforced  only 

dollars  each  "and  the  costs  of  this  action."  by  execution.     State   ex  rel.   Quinn   v.   Dis- 

It   was  held  that  this  was  only  a  judgment  trict  Court,  16  Nev.  76,   77. 
for  the  amount  of  the  fine;    that  the  judg-  The   criminal   practice   act   does   not   pro- 

ment  relating  to  costs,  the  amount  not  being  vide    for    a    cost    bill.      The    court    has    the 

stnted,  was  surplusage  and  nugatory.     State  power  to  tax  the  costs  from  an  examination 

ex   rel.   Burbank   v.   Jameson,   13   Nev.   429,  of  the  fees  charged  by  the  respective   offi- 

K;H.  cers.     Idem. 


Sec.  7258  CRIMINAL  PRACTICE  2034 

If  the  court  erred  in  allowing  any  costs  On  conviction   of  a   felony,   the   sentence 

that   were   not   taxable   against   the   relator,  imposed  was  within  the  discretion  vested  in 

it  was  not  an  excess  of  jurisdiction,  and  its  the.  district  court  as  to  the  amount   of  the 

action,  in  this  respect,  cannot  be  reviewed  fine   and  the   time   of   alternative   imprison- 

upon  certiorari.     Idem.  ment    in    the    event    that    the    fine    was    not 

The   provisions   of   this   section   apply   to  paid,    and    was    erroneous    only    in    that    it 

all  cases  of  contempt,  when  criminal,  as  well  declared  that  such  alternative  imprisonment 

as     to      other      misdemeanors.        Ex     Parte  should   be   in   the   state   prison,   whereas,    it 

Sweeney,  18  Nev.  74,  76  (1  P.  379).  should  have  declared  that  the  same  should 

A    contempt    for    the    disobedience    of    a  be  in  the  county  jail.     Held,  that,  in  habeas 

decree  and  violation   of  an  injunction  is  in  corpus  proceedings,  such  direction  as  to  the 

the   nature    of    a    criminal    offense,    and   the  place  of  imprisonment  might  be  rejected  as 

proceeding    for    its    punishment    is    in    the  surplusage,   and    did   not    vitiate   the    entire 

nature  of  a   criminal  proceeding.     Idem.  sentence.     Ex  Parte  Tani,  29  Nev.  386,  388, 

Designation       of      erroneous      place      of  13  L.  R.  A.  (N.  S.)  518,  91  P.  137. 
imprisonment  for  nonpayment   of  fine,  does  Imprisonment     for     nonpayment     of     fine 

not   vitiate  the   entire   sentence.      Ex   Parte  must  be  in  county  jail.     Idem. 
Tani,  29  Nev.  385,  13  L.  R.  A.  (N.   S.)  518,  Fines  cannot  be  paid  under  protest  so  as 

91   P.   137.  to    be    recovered    if    judgment    reversed    on 

Imprisonment    for    unpaid    fine    must    be  appeal.     State  v.  Pray,  30   Nev.   206  (94  P. 

ordered  in  the  sentence.     Ex  Parte  Patter-  218). 
son,  29  Nev.  226  (87  P.  2). 

7258.  Judgment  for  fine  constitutes  lien. 

SEC.  408.  A  judgment  that  the  defendant  shall  pay  a  fine  shall  constitute 
a  lien  in  like  manner  as  a  judgment  for  money  rendered  in  a  civil  action. 

Kerr,  Pen.  C.,120B. 
See  sec.  5277. 

7259.  Court  may  suspend  sentence. 

SEC.  409.  Whenever  any  person  shall  be  convicted  of  any  crime  except 
murder,  burglary  in  the  first  degee,  arson  in  the  first  degree,  robbery, 
carnal  knowledge  of  a  female  child  under  the  age  of  ten  years,  or  rape, 
the  court  may  in  its  discretion,  at  the  time  of  imposing  sentence  upon  such 
person,  direct  that  such  sentence  be  staid  and  suspended  and  that  the 
defendant  be  released  from  custody  on  such  conditions  as  the  court  may 
impose  until  otherwise  ordered  by  such  court. 

7260.  Indeterminate  sentences. 

SEC.  410.  Whenever  any  person  shall  be  convicted  of  any  felony  for 
which  no  fixed  period  of  confinement  is  imposed  by  law,  the  court  shall,  in 
addition  to  any  fine  or  forfeiture  which  he  may  impose,  direct  that  such 
person  be  confined  in  the  state  prison,  for  a  term  not  less  than  the  mini- 
mum nor  greater  than  the  maximum  term  of  imprisonment  prescribed  by 
law  for  the  offense  of  which  such  person  shall  be  convicted ;  and  where  no 
minimum  term  of  imprisonment  is  prescribed  by  law,  the  court  shall  fix 
the  minimum  term  in  his  discretion  at  not  less  than  one  year  nor  more 
than  five  years;  and  where  no  maximum  term  of  imprisonment  is  pre- 
scribed by  law,  the  court  shall  fix  such  maximum  term  of  imprisonment. 

A  sentence  on  a  conviction  of  grand  imposes  as  a  part  of  the  penalty  "at  hard 
larceny  is  not  void  because  the  court  labor."  State  v.  Maher.  25  Nev.  465  (62 

P.  236). 

7261.  Board  of  pardons  to  determine  period  of  imprisonment  when  mini- 

mum served. 

SEC.  411.  The  board  of  pardons  may  at  any  time  after  the  expiration  of 
the  minimum  term  of  imprisonment  for  which  such  prisoner  was  com- 
mitted thereto,  direct  that  any  prisoner  confined  in  such  institution  shall 
be  released  on  parole  upon  such  terms  and  conditions  as  in  their  judgment 
they  may  prescribe  in  each  case. 

Constitutional  powers  of  board  of  pardons,  sec.  307. 

7262.  When  complainant  to  pay  costs— Judgment— Execution. 

SEC.  412.    In  all  cases  of  criminal  prosecution  where  the  defendant  is 


2035  CRIMINAL  PRACTICE  Sec.  7268 

not  found  guilty,  the  court  may  require  the  complainant,  if  it  appears  that 
the  prosecution  was  malicious  or  without  probable  cause,  to  pay  the  costs 
of  the  action,  or  to  give  security  to  pay  the  same  within  thirty  days.  If  the 
complainant  does  not  comply  with  the  order  of  the  court,  judgment  may  be 
entered  against  him  for  the  amount  thereof.  Such  judgments  may  be 
enforced  and  appealed  from  in  the  same  manner  as  those  rendered  in  civil 
actions. 

.Mont.,  L'TOS.  ITU'). 

7263.     Kntry  of  judgment,  record  of  action,  what  to  include. 

SEC.  413.  When  judgment  upon  a  conviction  is  rendered,  the  clerk  shall 
enter  the  same  in  the  minutes,  stating  briefly  the  offense  for  which  the 
conviction  has  been  had,  and  shall,  within  five  days,  annex  together  and  file 
the  following  papers,  which  shall  constitute  the  record  of  the  action : 

1.  A  copy  of  the  minutes  of  any  challenge  which  may  have  been  inter- 
posed by  the  defendant  to  the  panel  of  the  grand  jury,  or  to  any  individual 
grand  juror,  and  the  proceedings  thereon; 

2.  The  indictment  and  a  copy  of  the  minutes  of  the  plea  or  demurrer ; 

3.  A  copy  of  the  minutes  of  any  challenge  which  may  have  been  inter- 
posed to  the  panel  of  the  grand  jury,  or  an  individual  juror,  and  the  pro- 
ceedings thereon ; 

4.  A  copy  of  the  minutes  of  the  trial ; 

5.  A  copy  of  the  minutes  of  the  judgment ; 

6.  The  decision  of  the  court  upon  matters  of  law  deemed  excepted  to,  if 
such  decision  is  in  writing,  and  a  copy  of  the  minutes  showing,  any  decision 
deemed  excepted  to. 

7.  Any  written  charges  given  or  refused  by  the  court,  with  the  indorse- 
ments thereon; 

8.  The  affidavits  and  counter  affidavits,  if  any,  used  on  the  hearing  of  a 
motion  for  a  new  trial ; 

9.  The  bill  of  exceptions,  if  any,  when  settled,  shall  be  attached  to  the 
foregoing  and  become  a  part  of  the  record. 

Kerr,  Pen.  C.,1207. 

A  judgment  in   a   criminal  case,  showing  ;iml  signed  by  the  judge,  together  with  the 

the    |i;irties   thereto,   the   court   in    which    it  rest    of  the  record  as  provided  in  this   sec- 

v.  M>      rendered,      directing      the      term      of  tion,    is    all    that    the    supreme    court    will 

Imprisonment,   the   prison   in   which   defend-  notice  in  the  examination  of  a  criminal  case 

ant  is  to  be  confined,  and  reciting  the  on  appeal.  State  v.  Mills,  12  Nev.  403,  405. 
oHense  for  which  the  defendant  is  to  be  The  papers  that  constitute  the  record 

punished,    is    all    the    statute    requires.      Ex  or    judgment    roll    in    a    criminal    case    are 

Parte  Salge,   1   Nev.  4-"):;.  specified    in   this  section,  and  it  is  the  duty 

A  certificate  of  a  clerk  showing  that  the  of   the    clerk   to   fasten    them    together   and 

judgment    or    sentence    entered    is    different  file  within  five  days  after  entry  of  a  judg- 

from    that    which    was    orally    delivered    by  ment  of  conviction.     State  v.  Ah  Mook,  ]2 

the   judge,    proves    nothing.      The   law    does  Nev.    369,   373,   374. 
not  authorize  the  clerk  to  certify  what  the  See  State  v.  Mills,  12  Nev.  403. 

judge  may  have  said.     He  can  only  certify  The    record    in    a    criminal    case    consists 

to   the  records  in   his  court.     Idem.  only  of  such  matter  as  is  required  by  thif 

Cited,  State  v.  Forsha,  8  Nev.  137;  State  section  and   section  445  of  this  act.     State 

v.   Burns,   8   Nev.    251,   255;    State   v.   Huff,  v.  Rover,  13  Nev.  17,  20. 
11   Nev.  24.  Affidavits  as  to  misconduct  of  jurors,  not 

There    is    no    provision    of    the    statute  embodied    in   bill    of   exceptions,   or   in   any 

that    will    authorize    the    supreme    court    to  properly  certified  statement,  cannot  be  con- 

review  or  examine  the  evidence  in  a  crimi-  sidered   on   appeal.     State   v.   McMahan,   17 

nal  case,  unless  it  is  embodied  in  a  bill  of  Nev.  365,  374  (30  P.  1000). 
exceptions.      State   v.   Larkin,   11   Nev.   314,  Where  there  is  no  statute  directing  what 

o'Jl.  the  record  shall  be  upon  an  appeal  by  the 

"Minutes    of    the    trial"    means    only    the  state  in  a  criminal  case,  the  alleged  errors 

minutes  as  kept  by  the  clerk  and  recorded  must  be  presented  by  a  bill  of  exceptions, 

in  the  minute  book  containing  the  proceed-  If  not  so  presented  the  appeal  will  be  dis- 

ings    of   the   trial,   that   are    daily   read    by  missed.     State  v.   Murphy,   21   Nev.   332  (31 

the  clerk  and  approved  by  the  court.     Idem.  P.  5.13). 

The   bill    of    exceptions,   properly    settled  The    recitals    of   the    commitment    at   the 


See.  7264 


CRIMINAL  PRACTICE 


2036 


time  of  passing  sentence,  are  mere  matters 
of  procedure  and  no  part  of  the  judgment. 
Kx  Parte  Dela,  25  Nev.  346  (83  A.  S.  603, 
60  P.  217). 

Kequisites  of  valid  conviction.  Ex  Parte 
Webb,  24  Nev.  238  (51  P.  1027). 

A  judgment  reciting  that  defendant  was 
informed  of  an.  indictment  found  against 
him  for  the  crime  of  escaping  from  an 
officer  and  that  his  plea  of  guilty  was  duly 
entered,  and  that  it  was  adjudged  that  he 


be  punished  for  the  crime  for  which  he  had 
"pleaded  guilty,"  sufficiently  stated  the 
offense  for  which  the  conviction  was  had. 
Ex  Parte  Doyle,  26  Nev.  281  (66  P.  949). 

A  bill  of  exceptions,  when  properly  set- 
tled, should  be  filed,  and  it  then  becomes  a 
part  of  the  record.  State  v. 'Hill,  25  Nev, 
185  (105  P.  1025). 

Cited,  State  v.  Bouton,  26  Nev.  39  (62  P. 
595). 


CHAPTER  36 
THE   EXECUTION 


7264. 
7265. 

726<>. 
7267. 

7268; 

7269. 

7270. 
7271. 
7272. 


Authority  for  execution,  what  is. 

Execution  for  fine,  same  as  on  judg- 
ment in  civil  action. 

Judgment  of  imprisonment — Commit 
meat. 

Idem — Delivery  to  warden  of  state 
prison — Eeturn  of  officer. 

Judgment  of  death — Form  of  warrant. 

Idem — Statement  to  be  transmitted  to 
board  of  pardons. 

Suspension  of  judgment  of  death. 

Inquiry  into  sanity  of  defendant. 

Idem — Attorney-general  and  district 
attorney  to  attend. 

Certificate  of  inquisition  to  be  signed 
and  filed. 


7274.  Procedure      when      defendant      found 

sane. 

7275.  Idem — When   defendant  found  insane. 

7276.  Inquiry  into  pregnancy  of  female  con- 

vict. 

7277.  Idem — Execution      suspended      during 

pregnancy." 

7278.  When  governor  satisfied  defendant  no 

longer   pregnant   may    order    execu- 
tion. 

7279.  Judgment   of   death   remaining  unexe- 

cuted, another  warrant  drawn. 

7280.  Idem — Execution    of   judgment. 

72X1.  Death  penalty  inflicted  by  hanging  or 
shooting,  at  defendant's  election. 

7282.  Warden  to  make  return  on  death 
warrant. 

7264.    Authority  for  execution, what  is. 

SEC.  414.  When  a  judgment  has  been  pronounced,  a  certified  copy  of 
the  entry  thereof  in  the  minutes  shall  be  forthwith  furnished  to  the  officer 
whose  duty  it  is  to  execute  the  judgment,  and  no  other  warrant  or  author- 
ity is  necessary  to  justify  or  require  the  execution  thereof,  except  when 
judgment  of  death  is  rendered. 

Kerr,  Pen.  C.,  1213. 

While  the  statute  authorizes  officers  to 
carry  into  effect  the  judgments  of  criminal 
courts  in  all  cases  wrhere  the  punishment 
is  less  than  death,  upon  receipt  of  a  cer- 
tified copy  of  a  judgment  or  sentence,  thus 
dispensing  with  the  necessity  of  a  regular 
warrant  for  execution,  still  it  does  not  pre- 
vent the  officer  from  proceeding  to  execu- 
tion of  the  judgment  upon  receipt  of  R 
formal  warrant  reciting  the  judgment  of  the 


court,   and   requiring   the   officer   to   execute- 


that  judgment.  Ex  Parte  Smith,  2  Nev. 
838,  340. 

Cited,  State  v.  Angelo,  18  Nev.  427  (4  P. 
1080);  State  v.  Murphy,  23  Nev.  402(48 
P.  628) ;  Ex  Parte  Dela,  25  Nev.  349  (83 
A.  S.  603,  60  P.  217). 

See  Ex  Parte  Doyle,  under  sec.  413  of 
this  act. 

Recitals  in  commitment  are  no  part  of 
the  judgment.  Ex  Parte  Dela,  25  Nev.  346 
(83  A.  S.  603,  60  P.  217). 


7265.  Execution  for  tine,  same  as  on  judgment  in  civil  action. 

SEC.  415.  If  the  judgment  be  for  a  fine  alone,  execution  may  be  issued 
thereon  as  on  a  judgment  in  a  civil  action. 

Kerr,  Pen.  C.,1214. 
See  sec.  5281. 

7266.  Judgment  of  imprisonment— Commitment. 

SEC.  416.  If  the  judgment  be  imprisonment,  or  a  fine  and  imprisonment 
until  it  is  satisfied,  the  defendant  must  forthwith  be  committed  to  the  cus- 
tody of  the  proper  officer,  and  by  him  detained  until  the  judgment  be 
complied  with. 

Kerr,  Pen.  C.,  1215. 

Cited,  State  v.  Murphy  23  Nev.  402  (48  P.  628);  Ex  Parte  Tani,  29  Nev.  388,  13  L.  R.  A. 
(N.  S.)  518,  91  P.  137;  State  v.  Pray,  30  Nev.  206,  218  (94  P.  218) . 


2037  CRIMINAL  PRACTICE  Sec,  7272 

72H7.    Idem— Delivery  to  warden  of  state  prison— Return  of  officer. 

SEC.  417.  If  the  judgment  is  for  imprisonment  in  the  state  prison,  the 
sheriff  of  the  county  must,  upon  receipt  of  a  certified  copy  thereof,  take 
and  deliver  the  defendant  to  the  warden  of  the  state  prison.  He  must  also 
deliver  to  the  warden  the  certified  copy  of  the  judgment,  and  take  from  the 
warden  a  receipt  for  the  defendant,  and  make  return  thereof  to  the  court. 

Kerr,  Pen.  C.,  PJ10:   I'tah,  4027. 

7268.  Judgment  of  death— Form  of  warrant. 

SEC.  418.  When  judgment  of  death  is  rendered,  a  warrant,  signed  by 
the  judge  and  attested  by  the  clerk,  under  the  seal  of  the  court,  must  be 
drawn  and  delivered  to  the  sheriff.  It  must  state  the  conviction  and  judg- 
ment, and  appoint  a  day  on  which  the  judgment  is  to  be  executed,  which 
must  not  be  less  than  sixty  days  nor  more  than  ninety  days  from  the  time 
of  the  judgment,  and  must  direct  the  sheriff  to  deliver  the  defendant  within 
seven  days,  or  as  soon  thereafter  as  travel  will  permit,  to  the  warden  of 
the  state  prison  of  this  state,  for  execution,  such  prison  to  be  designated  in 
the  warrant. 

Kerr,  Pen.  C.,  1217. 

It    is   tlic    warrant    and    not   the  judgment        issue     the     warrant      in     due     form     of    law. 
which  fixes  the  time  for  executing  the  death       State  \.  Summers,  J)  Nev.  269,  270. 
sentence;     and    the    court    may    at    any    time 

7269.  Idem— Statement  to  In-  transmitted  to  board  of  pardons. 

SEC.  419.  The  judge  of  the  court  at  which  a  conviction  requiring  judg- 
ment of  death  shall  have  been  had,  shall  immediately  after  the  conviction 
transmit  to  the  governor,  as  chairman  of  the  board  of  pardons,  by  mail  or 
otherwise,  a  statement  of  the  conviction  and  judgment,  and  of  the  testi- 
mony given  at  the  trial. 

Kerr,  Pcn.C.,  121S. 

Powers  of  hoard  of  pardons,  ('oust.,  sec.  .'5<>7. 

Statutory  provisions  relating  to  hoard  of  pardons,  SIT.   7r>22,  et  seq.;  rules  of  the  board, 

St'C.   7<il".'. 

<'ited.  State  ex  rel.  Watkins  v.  Ruinii-  the  ^m  ernor.  The  statute  does  not  author- 
Held,  30  Nev.  401.  i/.e  the  clerk  to  perform  any  such  duty  or 

It  is  the  duty  of  the  district  jud^e  to  to  make  any  charge  therefor.  State  ex  rel. 

transmit  the  testimony  in  a  capital  case  to  Beck  v.  Washoe  Co.,  14  Nev.  66,  70. 

7270.  Suspension  of  judgment  °f  death. 

SEC.  420.  No  judge,  court  or  officer,  other  than  the  governor,  can  sus- 
pend the  execution  of  a  judgment  of  death,  except  the  warden  of  the  state 
prison  to  whom  he  is  delivered  for  execution,  as  provided  in  the  eight  suc- 
ceeding sections,  unless  an  appeal  is  taken.  When  an  appeal  is  taken  from 
a  judgment  of  death,  the  appellate  court,  and  any  judge  thereof  in  vacation, 
may  suspend  the  execution  until  the  appeal  is  heard  and  determined. 

Kerr,  Pen.  C.,  1220. 

7271.  Inquiry  into  sanity  of  defendant. 

SEC.  421.  If,  after  judgment  of  death,  there  is  good  reason  to  suppose 
that  the  defendant  has  become  insane,  the  warden  of  the  state  prison  to 
whom  he  is  delivered  for  execution,  with  the  concurrence  of  the  judge 
of  the  district  court  of  the  county  in  which  such  prison  is  situated,  may 
summon  from  the  list  of  jurors  selected  by  the  county  commissioners  for 
the  year,  a  jury  of  twelve  persons,  to  inquire  into  the  supposed  insanity, 
and  must  give  immediate  notice  thereof  to  the  attorney-general  and  the 
district  attorney  of  said  county. 

Kerr,  Pen.  C.,  1221. 

7272.  Idem— Attorney -general  and  district  attorney  to  attend. 

SEC.  422.  The  attorney-general  and  the  district  attorney  shall  attend 
the  inquisition  and  may  produce  witnesses  before  the  jury,  for  which  pur- 


Sec.  7273  CRIMINAL  PRACTICE  2038 

pose  they,  or  either  of  them,  may  issue  process  in  the  same  manner  as  for 
witnesses  to  attend  before  the  grand  jury,  and  disobedience  thereto  may  be 
punished  in  like  manner  as  disobedience  to  process  issued  by  that  court. 

Kerr,  Pen.  C.,1222. 

7273.  Certificate  of  inquisition  to  be  signed  and  tiled. 

SEC.  423.  A  certificate  of  the  inquisition  must  be  signed  1by  the  jurors 
and  the  warden,  and  filed  with  the  clerk  of  the  district  court  of  the  county 
in  which  such  prison  is  situated. 

Kerr,  Pen.  C.,  1223. 

7274.  Procedure  Avlien  defendant  found  sane. 

SEC.  424.  If  it  is  found  by  the  inquisition  that  the  defendant  is  sane, 
the  warden  must  execute  the  judgment ;  but  if  it  is  found  that  he  is  insane, 
the  warden  must  suspend  the  execution  of  the  judgment  until  he  receives 
a  warrant  from  the  governor,  or  from  the  judge  of  the  district  court  of  the 
county  in  which  such  state  prison  is  situated,  directing  the  execution  of  the 
judgment. 

Kerr,  Pen.  C.,  1224. 

7275.  Idem— When  defendant  found  insane. 

SEC.  425.  If  the  inquisition  finds  that  the  defendant  is  insane,  the  war- 
den must  immediately  transmit  it  to  the  governor,  who  may,  when  the 
defendant  becomes  sane,  issue  a  warrant  appointing  a  day  for  the  execution 
of  the  judgment. 

Kerr,  Pen.  C.,  1224. 

7276.  Inquiry  into  pregnancy  of  female  convict. 

SEC.  426.  If  there  is  good  reason  to  suppose  that  a  female  against  whom 
a  judgment  of  death  is  rendered  is  pregnant,  the  warden  of  the  state  prison 
to  whom  she  is  delivered  for  execution,  with  the  concurrence  of  the  district 
court  of  the  county  in  which  such  state  prison  is  situated,  may  summon  a 
jury  of  three  physicians  to  inquire  into  the  supposed  pregnancy.  Imme- 
diate notice  thereof  must  be  given  to  the  attorney-general  and  the  district 
attorney  of  such  county,  and  the  provisions  of  sections  422  and  423  apply  to 
the  proceedings  upon  the  inquisition. 

Kerr,  Pen.  C.,  1225. 

7277.  Idem— Execution  suspended  during  pregnancy. 

SEC.  427.  If  it  is  found  by  the  inquisition  that  the  female  is  not  preg- 
nant, the  warden  must  execute  the  judgment;  if  it  is  found  that  she  is 
pregnant,  the  warden  must  suspend  the  execution  of  the  judgment,  and 
transmit  the  inquisition  to  the  governor. 

Kerr,  Pen.  C.,1226. 

7278.  When  governor  satisfied  defendant  no  longer  pregnant  may  order 

execution. 

SEC.  428.  When  the  governor  is  satisfied  that  such  female  is  no  longer 
pregnant,  he  may  issue  his  warrant  appointing  a  day  for  the  execution  of 
the  judgment. 

Kerr,  Pen.  C.,1226. 

See  the  next  succeeding  section  and  sees.  258,  306,  307. 

7279.  Judgment  of  death  remaining  unexecuted,  another  warrant  drawn. 
SEC.  429.    If  for  any  reason  the  judgment  of  death  has  not  been  exe- 
cuted, and  it  remains  in  force,  the  court  in  which  the  conviction  was  had 
must,  upon  the  application  of  the  attorney-general  or  the  district  attorney 
of  the  county  in  which  the  conviction  was  had,  cause  another  warrant  to  be 
drawn,  signed  by  the  judge  and  attested  by  the  clerk  under  the  seal  of  the 
court,  and  delivered  to  the  warden  of  the  state  prison.     Said  warrant  must 


2039  CRIMINAL  PRACTICE  Sec,  7283 

state  the  conviction  and  judgment  and  appoint  a  day  on  which  the  judg- 
ment is  to  be  executed,  which  must  be  not  less  than  fifteen  days  nor  more 
than  thirty  days  after  the  date  of  said  warrant. 

Kerr,  Pen.  C.,l±-'7. 

A  judgment  of  conviction  of  murder  in  for  the  reason  that  such  fixing  of  time  is 

the  first  decree,  which  fixes  a  time  for  the  not  properly  a  part  of  the  judgment  and 

execution  of  the  sentence  more  than  sixty  may  be  rejected  as  surplusage.  State  v. 

•  lays  from  its  date,  is  not  therefor  void;  Summers,  9  Nev.  269,  270. 

7280.  Idem— Execution  of  judgment. 

SEC.  430.  When  the  remittitur  showing  the  affirmation  of  the  judgment 
appealed  from  has  been  filed  with  the  clerk  of  the  court  from  which  the 
appeal  has  been  taken,  the  court  in  which  the  conviction  was  had  must 
inquire  into  the  facts,  and  if  no  legal  reasons  exist  against  the  execution 
of  the  judgment,  must  make  and  enter  an  order  that  the  warden  of  the 
state  prison  shall  execute  the  judgment  at  a  specified  time;  provided,  that 
the  presence  of  the  defendant  in  said  court  at  the  time  the  order  of  execu- 
tion is  made  and  entered,  or  the  warrant  is  issued,  as  in  this  section  pro- 
vided, shall  not  be  required. 

Kerr,  Pen.  (\,  \'l'2~i . 

Set-  State  v.  Summers,  under  s»-e.  ll".l  of  this  act. 

7281.  De.-ith    penalty  inflicted  by  han$rin<r  or   sliootin<r.  at   defendant's 

election. 

SEC.  431.  The  punishment  of  death  shall  be  inflicted  by  hanging  the 
defendant  by  the  neck  until  he  is  dead,  or  by  shooting:  him,  at  his  election. 
If  the  defendant  refuse  or  neglect  to  make  the  election,  the  court  at  the 
time  of  rendering  the  sentence  must  declare  the  mode  of  execution  and  enter 
the  same  as  a  part  of  its  judgment.  The  execution  shall  take  place  within 
the  limits  of  the  state  prison,  and  a  suitable  and  efficient  enclosure  shall  be 
provided  by  the  board  of  prison  commissioners  for  the  purpose.  The  war- 
den of  the  prison  where  the  execution  is  to  take  place  must  be  present  at 
the  execution,  and  must  invite  the  presence  of  a  physician,  the  attorney- 
general  of  the  state,  and  at  least  twelve  reputable  citizens  to  be  selected  by 
him ;  and  he  shall,  if  requested  by  the  defendant,  permit  such  ministers  of 
the  gospel,  not  exceeding  two,  as  the  defendant  may  name,  and  any  persons, 
relatives  or  friends,  not  to  exceed  five,  to  be  present  at  the  execution, 
together  with  such  peace  officers  as  he  may  deem  proper  to  witness  the 
execution.  But  no  other  persons  than  those  mentioned  in  this  section  can 
be  present  at  the  execution,  nor  can  any  person  under  age  be  allowed  to 
witness  the  same. 

Kerr,  Pen.  C.,  1228. 

7282.  \Yarden  to  make  return  on  death  warrant. 

SEC.  432.  After  the  execution,  the  warden  must  make  a  return  upon  the 
death  warrant  to  the  court  by  which  the  judgment  was  rendered,  showing 
the  time,  place,  mode  and  manner  in  which  it  was  executed. 

CHAPTER  37 
BILL    OF   EXCEPTIONS 

7283.  Bill     of     exceptions,     how     prepared,       7284.  Bill  of  exceptions,  what  to  contain— 

filed    and    settled — Appeal    without  Judge    after    his    term    or    supreme 

— Time     shortened     or     extended —  court  may  settle. 

Appeal  on  errors  in  record  without  7285.  Idem — Supreme    court    may    settle    if 

bill.  judge  does  not  according  to  facts. 

7283.    Bill  of  exceptions,  how  prepared,  iiled  and  settled— Appeal  with- 
out—Time shortened  or  extended— Appeal  on  errors  in  record 
without  bill. 
SEC.  433.     A  bill  of  exceptions  in  order  to  become  a  part  of  the  record  of 


See.  7284  CRIMINAL  PRACTICE  2040 

the  case  must  be  settled  and  certified  in  the  following  manner :  Within  ten 
days  after  the  entry  of  the  judgment,  a  proposed  bill  of  exceptions  shall  be 
filed  with  the  clerk  of  the  court  and  a  copy  thereof,  upon  the  same  day, 
shall  be  served  upon  the  adverse  party  or  the  attorney  for  the  adverse 
party.  Within  ten  days  after  the  service  of  a  copy  of  such  proposed  bill  of 
exceptions,  the  adverse  party  shall,  in  like  manner  file  and  serve  any  pro- 
posed amendments  he  may  have  to  such  proposed  bill  of  exceptions. 
Within  five  days  thereafter,  the  party  filing  the  proposed  bill  of  exceptions 
may  serve  upon  the  adverse  party  or  the  attorney  for  the  adverse  party  a 
notice  in  writing  that  he  declines  to  accept  such  proposed  amendments  or 
any  part  thereof.  If  either  party  as  the  case  may  be,  shall  fail  to  propose 
amendments  to  the  proposed  bill  of  exceptions,  or  shall  fail  to  serve  a 
notice  that  he  declines  to  accept  the  proposed  amendments  or  any  part 
thereof,  the  former  shall  be  deemed  to  have  waived  proposing  amendments 
and  the  latter  to  have  accepted  the  amendments  proposed.  If  no  amend- 
ments are  proposed  or  if  proposed  are  accepted,  the  proposed  bill  of  excep- 
tions shall  be  presented  to  the  judge  who  tried  the  case  at  the  earliest 
opportunity  for  settlement  and  approval.  If  amendments  are  proposed 
which  are  not  agreed  to,  either  party,  upon  five  days'  notice  to  the  other, 
may  apply  to  the  court,  or  judge  thereof,  to  have  the  bill  of  exceptions 
settled.  The  court  of  its  own  motion,  or  the  judge  who  tried  the  case  of 
his  own  motion,  may  set  a  time  for  the  settlement  of  the  bill  of  exceptions, 
upon  not  less  than  two  days'  notice  to  both  parties.  When  the  bill  of  excep- 
tions is  settled  it  shall  be  signed  by  the  judge  and  the  clerk  of  the  court 
shall  embody  the  same  in  the  record  of  the  case.  The  time  in  this  section 
mentioned  for  the  performance  of  any  act,  upon  stipulation  or  good  cause 
shown,  may  be  shortened  or  extended.  Errors  which  appear  in  the  record 
of  the  action,  when  no  bill  of  exceptions  is  filed,  may  be  taken  advantage 
of  upon  appeal  notwithstanding  there  is  no  bill  of  exceptions. 

Kerr,  Pen.  C.,  1170-1178. 

The  time  prescribed  by  the  practice  act  assumed    that    defendant's    objections    were 

within    which    a    bill    of    exceptions    in    a  not     supported     by     evidence.       Ex     Parte 

criminal  case  is  to  be  signed  by  the  judge  Bronzo,  30  Nev.  311  (95  P.   1001). 
is  merely  directory.     State  v.  Salge,  1  Nev.  Where    the    record    of    an    appealed    case 

459.  is  in  two  volumes,  only  one  of  which  is  cer- 

In   a  prosecution  for  murder,  where  the  tified   "to  be  a  true  and  correct  transcript 

record     on     appeal     only     stated    that     the  of  the  appeal  herein,"  the  supreme  court  can 

motions  made  by  defendant  as  to  the  regu-  only  consider  the  volume  so  certified.    State 

larit.y  of  the  grand  jury  were  denied  by  the  v.  Hill,  32  Nev.  185  (105  P.  1025). 
court,    there    being    nothing    to    show    upon  A  bill   of  exceptions,  when  properly  set- 

what     the     court     acted     in     denying     the  tied,  should  be  filed,  and  it  then  becomes  a 

motions,     are     all     presumptions     being     in  part  of  the  record.     Idem, 
favor  of  the  proceedings  below,  it  will  be 

7284.  Bill  of  exceptions,  what  to  contain  —  Judge,  after  his  term,  or 

supreme  court  may  settle. 

SEC.  434.  The  bill  of  exceptions  shall  contain  so  much  of  the  evidence 
only  as  is  necessary  to  present  the  questions  of  law  upon  which  the  excep- 
tions were  taken,  and  the  judge  shall,  upon  the  settlement  of  the  bill, 
whether  agreed  to  by  the  parties  or  not,  strike  out  evidence  and  other 
matters  not  material  to  the  questions  to  be  raised.  If  the  judge  who  pre- 
sided at  the  trial  ceases  to  hold  office  before  the  bill  is  tendered  or  settled, 
he  may  nevertheless  settle  such  bill,  or,  in  the  event  of  his  failure  or  refusal 
to  do  so,  either  party  may,  as  provided  in  the  next  section,  apply  to  the 
supreme  court  for  leave  to  prove  the  same. 

Kerr,  Pen.  C.,1174. 

7285.  Idem— Supreme  court  may  settle  if  judge  does  not  according  to 

facts. 
SEC.  435.    If  the  judge  in  any  case  refuses  to  allow  an  exception  in 


2041 


CRIMINAL  PRACTICE 


Sec.  7286 


accordance  with  the  facts,  the  party  desiring  the  bill  settled  may  apply  by 
petition  to  the  supreme  court,  for  leave  to  prove  the  same.  The  application 
and  proof  shall  be  made  in  the  mode  and  manner,  and  under  such  regula- 
tions as  that  court  may  prescribe ;  and  the  bill,  when  proven,  must  be  cer- 
tified by  the  chief  justice,  or,  in  his  absence  or  inability  to  act,  by  one  of  the 
associate  justices,  to  be  correct,  and  filed  with  the  clerk  of  the  court  in 
which  the  action  was  tried,  and  when  so  filed  it  shall  have  the  same  force 
and  effect  as  if  settled  by  the  judge  who  tried  the  cause. 

Kerr,  Pen.  C.,  117-"). 

CHAPTER  38 
APPEAL 


7_!»7.    Dismissal   for   failure  to   make   return. 

7298.  Criminal  appeals  to  be  determined  at 
first  term  after  record  filed. 

7  !'<)!>.  A  Hi  nuance  may  be  granted  without 
argument,  reversal  not. 

7300.  Number  of  counsel  in  argument  on 
appeal. 

7.">01.    Defendant    need  not  be  present. 

7:soi'.  Court  to  give  judgment  without 
regard  to  technical  errors. 

7303.  Power  of  appellate  court. 

7.'!04.  Reversal  of  judgment — Duty  of  appel- 
late court — Bail  exonerated. 

7:'.<>.~).   On   a  Hi  nuance  original  judgment  to  be 

executed. 

7.'!<)I5.    Hi i try    of    judgment       Papers    remitted 

to    court    belou. 
7:'i>7.  Orders  after  remittitur  to  be  made  by 

court    to   which   case  remitted. 


7286.  To  and   from   what  courts  appeal   may 

be  taken. 

7287.  Appeal    to    supreme    court    taken     or 

questions  of  law  only. 

7288.  Designation   of  parties   on   appeal. 
7:>'.i.  Intermediate  order  or  proceeding  may 

be  reviewed  on  appeal. 
71'Dii.   Appeal  from  judgment  or  order  to  be 

taken   within  three  months. 
"iMH.   Appeal    taken    by    filing    and    serving 

notice — One  notice  sufficient. 
Til!':.'.    Id'-in — Service    of    notice    by    publica- 
tion. 
7 1".'."..  A]. peal   by   state,   effect  of— Entry  of 

judgment    on    reversal. 
7i'!M.   Appeal  does  not  stay  execution,  unless 

certificate  issued. 

7L'!).~>.   Record  and  notice  transmitted,  time  for. 
7L'!H>.    Dismissal    of    appeal    for    substantial 

irregularity. 

728(>.    To  and  from  what  courts  appeal  ina.v  bo  taken. 

SEC.  436.    The  party  aggrieved  in  a  criminal  action,  whether  that  party 
be  the  state  or  the  defendant,  may  appeal  as  follows : 

1.  To  the  district  court  of  the  county  from  a  final  judgment  of  the  jus- 
tice's court. 

2.  To  the  supreme  court  from  a  final  judgment  of  the  district  court  in  all 
criminal  cases.     Also,   from  an   order  of  the   district  court  allowing  a 
demurrer  or  granting  or  refusing  a  new  trial. 

Jurisdiction  of  district  court  on  appeal,  sees.  321,  4840;  of  supreme  court,  sees.  319,  4833. 

An  appeal  in  criminal  cases  may  be  taken       restricted    to    cases    where    the    punishment 
from  an  order  of  the  district  court  allowing       adjudged    is    a    sentence   to    confinement    in 
a   demurrer,   though    final   judgment   be   not 
entered.     People  v.  Logan,  1  Nev.  110,  113. 

An  order  of  the  district  court  quashing 
an  indictment,  discharging  the  defendant 
and  exonerating  his  bail  is  a  final  judgment 
from  which  an  appeal  may  be  taken.  State 
v.  Logan,  1  Nev.  509,  514,  515. 

A  judgment  is  final  which  completely  dis- 
poses of  the  action.  To  make  it  final  it  is 
not  necessary  that  the  rights  of  the  parties 
should  be  finally  determined,  or  that  it  be 
upon  the  merits.  It  is  final  if  it  dispose? 


of  the  particular  suit  in  which  it  is  ren- 
dered. Idem. 

The  statute  provides  for  an  appeal  from 
an  order  sustaining  a  demurrer  to  an  indict- 
ment, but  makes  no  provision  for  a  record 
of  such  case  (Stats.  1861,  485,  sec.  469). 
It  was  held  that  such  record  should  be  by 
bill  of  exceptions  and  that  in  the  absence 
of  such  bill  the  appeal  should  be  dismissed. 
State  v.  Fellows,  8  Nev.  311. 

The  right  of  appeal  in  criminal  cases  is 


the  state  prison,  or  to  death.  State  v. 
McCormick,  14  Nev.  347;  State  v.  Quinn, 
16  Nev.  89.  See  Const.,  ante,  319. 

Alleged  errors  in  a  charge  or  instruction 
can  only  be  brought  to  the  attention  of  the 
supreme  court  in  one  of  three  ways:  Either 
by  being  embodied  in  a  bill  of  exceptions, 
or  in  a  settled  statement,  or  indorsed  by  the 
judge  as  provided  by  section  380  of  this  act; 
and  unless  presented  in  one  of  these  ways 
the  supreme  court  will  not  notice  them. 
State  v.  Darling,  4  Nev.  413. 

Appeal  by  state — Bill  of  exceptions 
required.  State  v.  Murphy,  21  Nev.  332. 
(31  P.  513). 

Appeal  —  Insufficiency  of  evidence.  A 
judgment  in  a  criminal  case  will  not  be  dis- 
turbed by  the  supreme  court  on  the  ground 
of  insufficiency  of  the  evidence,  if  there  be 
any  evidence  tending  to  prove  the  allega- 
tions of  the  indictment.  State  v.  McGinnis, 
6  Nev.  109. 

Objections     to     indictment     in     appellate 


Sec.  7287 


CRIMINAL  PRACTICE 


2042 


court.  An  objection  to  an  indictment  on  the 
grounds  that  it  does  not  state  facts  suf- 
ficient to  constitute  a  public  offense  may  be 
taken  for  the  first  time  in  the  appellate 
court,  and  is  not  waived  by  a  failure  in  the 
district  court  to  make  the  point  on  demurrer 
or  on  motion  in  arrest  of  judgment.  State 
v.  Trolson,  22  Nev.  419  (32  P.  930). 

Appeal    from    new   trial    order — Too    late 
after    appeal    from    judgment    disposed    of. 
State  v.  Summers,  9  Nev.  399. 
•      Cited,    State    v.    Murphy,    23    Nev.    403 
(48  P.  628). 

See  Ex  Parte  Smith,  under  sec.  392  of 
this  act. 

Certiorari  does  not  lie  from  the  supreme 
court  to  review  a  conviction  before  a  jus- 
tice on  the  ground  that  the  statute  author- 


izing the  conviction  is  unconstitutional, 
since  the  constitutional  question  may  be 
raised  before  the  justice  and  an  appeal 
taken  from  any  judgment  rendered  by  him. 
Chapman  v.  Justice  Court,  29  Nev.  154,  158 
(86  P.  552). 

An  "appeal"  is  a  statutory  right,  and  is 
the  continuation  of  the  original  suit;  while 
a  "writ  of  error"  is  an  independent  action, 
in  the  nature  of  a  new  and  original  suit. 
State  v.  Preston,  30  Nev^  301  (95  P.  918). 

Whether  one  convicted  of  a  crime  is 
entitled  to  have  the  judgment  reviewed  on 
writ  of  error  cannot  be  determined  on  a 
petition  for  a  rehearing  after  the  dismissal 
of  his  appeal,  but  only  on  appropriate  pro- 
ceedings for  the  writ,  when  all  parties 
interested  can  be  heard.  Idem. 

7287.    Appeal  to  supreme  court  taken  on  questions  of  law  only. 

SEC.  437.    The  appeal  to  the  supreme  court  from  the  district  court  can 
be  taken  on  questions  of  law  alone. 

Kerr,  Pen.  C.,123o. 

Where  there  is  evidence  to  support  the 
verdict,  the  supreme  court  cannot  reverse 
the  judgment  on  the  ground  of  the  insuf- 
ficiency of  the  evidence.  State  v.  Wong 
Fun,  23  Nev.  336  (40  P.  95) ;  Watt  v.  N.  C. 
E.  E.  Co.,  23  Nev.  155  (62  A.  S.  772,  44  P. 
423);  State  v.  V.  &  T.  E.  E.,  23  Nev.  284 
(35  L.  E.  A.  759,  46  P.  723);  State  v. 
Thompson,  31  Nev.  209  (101  P.  557);  State 
v.  Weber,  31  Nev.  385  (103  P.  411). 

Habeas  corpus  proceedings  cannot  be 
used  to  authorize  the  exercise  of  appellate 
jurisdiction.  Ex  Parte  Gafford,  25  Nev. 
101  (83  A.  S.  568,  57  P.  484). 

Substantial   compliance   with   the   statute 


the  supreme  court's  jurisdiction  of  an 
appeal.  State  v.  Preston,  30  Nev.  301  (95 
P.  918). 

The  statutory  appeal  from  a.  judgment  of 
conviction  and  from  an  order  denying  a 
new  trial  clothes  .the  supreme  court  with 
power  to  review  every  action  affecting  the 
rights  of  accused,  *  provided  substantial 
compliance  is  had  with  the  statutes.  Idem. 

The  supreme  court  will  not  determine 
questions  of  fact  on  which  the  verdict  is 
based.  Idem. 

All  presumptions  are  in  favor  of  the 
regularity  of  the  action  of  the  trial  court. 
State  v.  Williams,  31  Nev.  361  (102  P.  974). 


regulating   criminal   appeals   is   essential   to 

7288.  Designation  of  parties  on  appeal. 

SEC.  438.  The  party  appealing  shall  be  known  as  the  appellant,  and  the 
adverse  party  as  the  respondent. 

Kerr,  Pen.  C.,1236. 

7289.  Intermediate  order  or  proceeding  may  be  reviewed  on  appeal. 
SEC.  439.     Upon  the  appeal,  any  decision  of  the  court  in  an  intermediate 

order  or  proceeding,  forming  a  part  of  the  record,  may  be  reviewed. 

Kerr,  Pen.  C.,1259. 

Objections  to  the  form  of  an  indictment  be  taken  advantage  of  for  the  first  time  on 
for  defects  apparent  upon  its  face  cannot  appeal.  State  v.  O'Flaherty,  7  Nev.  154, 

158. 

7290.  Appeal  from  judgment  or  order  to  be  taken  within  three  months. 

SEC.  440.  An  appeal  from  a  judgment  or  order  must  be  taken  within 
three  months  after  its  rendition. 

Ft  ah,  4959. 

Cited,  State  v.  Murphy,  23  Nev.  391  (48  P.  628);  State  v.  Preston,  30  Nev.  303  (95  P.  918). 

7291.  Appeal  taken  by  filing  and  serving  notice— One  notice  sufficient. 

SEC.  441.  An  appeal  is  taken  by  filing,  with  the  clerk  of  the  court  in 
which  the  judgment  or  order  appealed  from  is  entered,  a  notice  stating  the 
appeal  from  the  same  and  serving  a  similar  notice  or  a  copy  thereof  upon 
the  adverse  party  or  the  attorney  for  the  adverse  party.  When  the  appeal 
is  from  both  the  judgment  and  from  an  order  denying  a  motion  for  a  new 
trial  one  notice  of  appeal  so  specifying  is  sufficient. 


2043  CRIMINAL  PRACTICE  Sec.  7295 

Cited.  State  v.  Murphy,  23   Nev.  391  (48  When  defendant  appeals,  filing  and  serv- 

P.  628).  ice  of  a  proper  notice  are  essential  to  con- 

'I  lu>  trial  court  has  no  authority  to  make  fer     jurisdiction     on     the     supreme     court. 

an   order    staying   the   execution    of   a   judg-  Idem. 

1'ient  of  imprisonment,  and  no  authority7  to  A   notice   that  two   persons   convicted   of 

release  or  order  the   release  of  a  defendant  murder      and      manslaughter      respectively 

under  a  co^ni/ance  or  otherwise,  after  judg-  intend  to  appeal  from  "the  judgment  of  the 

incut    <>f    imprisonment    has    been    rendered  district    court    herein"    is    fatally    defective 

auainst    him,   except   after   an   appeal   there-  as  insulliciently  identifying  the  judgment  or 

from    has  been  taken,  and  any  recognizance  judgments  from  which  appeal  was  intended 

-i\t'n    for   that    purpose    at    such    a    time    is  to   be   taken,   and   for   failing   to   show    that 

void.      State    v.    Murphv.    i'.'!    Xev.    391,    403  each    appealed    from    the    judgment    against 

18  P.  628).  him.      Idem. 

A   notice  thai    it   is  appellant's  "intention"  Substantial      compliance      with      statutes 

to    appeal    is    defective.      State    v.    Preston,  regulating    criminal    appeals    is    essential    to 

::n    Xev.   301,  303(95  P.   918).  the     supreme     court's     jurisdiction     of     an 

appeal.       Idem. 

7  '2D2.     Idem—  Service  of  notice  by  publication. 

SEC.  442.  If  personal  service  of  the  notice  cannot  be  made,  the  judge  of 
the  court  in  which  the  action  was  tried,  upon  proof  thereof,  may  make  an 
order  for  the  publication  of  the  notice  in  some  newspaper  for  a  period  not 
exceeding  thirty  days.  Such  publication  shall  be  equivalent  to  personal 
service. 


Appeal  by  state,  effect  of—  Kntry  of  judgment  on  reversal. 
SEC.  443.  An  appeal  taken  by  the  state  shall  in  no  case  stay  or  affect 
the  operation  of  a  judgment  in  favor  of  the  defendant;  provided,  if  the 
appeal  by  the  state  is  from  an  order  sustaining  a  demurrer  to  an  indict- 
ment, or  granting  a  motion  to  set  aside  an  indictment,  and  upon  such  appeal 
said  order  is  reversed,  the  defendant  shall  thereupon  be  liable  to  arrest 
and  trial  upon  said  indictment.  If  the  appeal  by  the  state  be  from  an 
order  allowing  a  motion  in  arrest  of  judgment,  or  granting  a  motion  for  a 
new  trial,  and  upon  appeal  such  order  is  reversed,  the  trial  court  shall  enter 
judgment  against  the  defendant. 

When   there   is   no   statute   directing   what  exceptions.      If  not   so  presented,  the  appeal 

the    record    shall    be    upon    an    appeal    by   the  will     t.e    dismissed.       State    v.     Murphy,    21 

state   in    a    criminal   case,   the   alleged    errors  Nev.   .'!.'!i'  (31    P.   513). 
must    be    presented    by    means    of    a     bill    of 

721)4.    Appeal  does  not  stay  execution,  unless  certificate  issued. 

SEC.  444.  An  appeal  to  the  supreme  court  from  a  judgment  of  convic- 
tion shall  stay  the  execution  of  the  judgment  upon  filing  with  the  clerk 
of  the  court  in  which  the  conviction  shall  have  been  had  a  certificate  of  the 
judge  of  such  court,  or  of  a  justice  of  the  supreme  court,  that  in  his  opin- 
ion there  is  probable  cause  for  the  appeal,  but  not  otherwise. 

See  sees.  7314,  732<i. 

An  appeal  from  a  judgment  of  imprison-  Sec.  479,  Stats.  1861,  435,  cited,  State  v. 

ment  does   not  operate  as  a   stay  of  execu-       Murphy,  23  Nev.  403  (48  P.  628)  ;    State  v. 
tion   thereof,  and  the   defendant,  if  in  cus-       Pray,   30   Nev.   206,   218(94   P.   218);    State 
todv,   must   so  continue,  unless  admitted  to       v.  Smith,  34  Nev.  —  (111  P.  929). 
bail.     State  v.  Murphv,  23  Nev.  391  (48  P. 
828). 

7295.    Record  and  notice  transmitted,  time  for. 

SEC.  445.  Upon  the  appeal  being  taken,  the  clerk  with  whom  the  notice 
of  appeal  is  filed,  must,  within  ten  days  thereafter,  without  charge,  trans- 
mit to  the  clerk  of  the  supreme  court  the  notice  of  appeal  and  the  record 
in  said  action,  and  if  the  appeal  be  by  the  state  from  an  order  sustaining  a 
demurrer  to  or  setting  aside  an  indictment,  or  allowing  a  motion  for  a  new 
trial  or  a  motion  in  arrest  of  judgment,  the  clerk  shall  within  said  time 
likewise  prepare  and  forward  the  indictment,  demurrer,  order  of  the  court 
sustaining  said  demurrer,  and  notice  of  appeal,  which  shall  constitute  the 
record  on  appeal. 


Sec.  7296 


CRIMINAL  PRACTICE 


2044 


On  appeal  from  an  order  granting  a  new 
trial  in  a  criminal  case  where  a  reversal  is 
urged  on  the  ground  that  there  was  no 
statement  or  bill  of  exceptions  in  the  court 
below,  the  transcript  must  affirmatively 
show  that  there  was  no  such  statement  or 
bill  of  exceptions.  State  v.  Stanley,  4  Nev. 
71. 

The  certificate  of  the  clerk  to  a  tran- 
script on  appeal,  that  no  statement  or  bill 
of  exceptions  on  a  motion  for  a  new  trial 
had  been  filed  in  his  office,  is  not  sufficient 
evidence  that  none  was  presented  to  the 
court  below  to  authorize  a  reversal  on  that 
ground  of  an  order  granting  a  new  trial. 
Idem. 

There  is  no  law  authorizing  the  review 
of  an  action  of  the  lower  court  upon  the 
simple  certificate  of  the  clerk  as  to  how  or 
upon  what  evidence  it  acted.  Idem. 

The  failure  to  file  a  statement  or  bill  of 
exceptions  on  motion  for  new  trial  in  a 
criminal  case  would  not  justify  a  reversal 
of  an  order  granting  a  new  trial,  the  tran- 
script not  affirmatively  showing  that  none 
was  presented  to  the  court.  Idem. 


On  appeal  from  an  order  sustaining  a 
demurrer  to  an  indictment,  the  record 
should  be  by  bill  of  exceptions.  State  v. 
Fellows,  8  Nev.  311. 

The  record  in  a  criminal  case  consists 
only  of  such  matter  as  is  required  by  this 
section  and  section  413  of  this  act.  State 
v.  Rover,  13  Nev.  17,  20. 

Where  there  is  no  statute  directing  what 
the  record  shall  be  upon  an  appeal  by  the 
state  in  a  criminal  case,  the  alleged  errors 
must  be  presented  by  means  of  a  bill  of 
exceptions.  If  not  so  presented  the  appeal 
will  be  dismissed.  State  v.  Murphv,  21  Nev. 
332,  333  (31  P.  513). 

Cited,  State  v.  Murphy,  23  Nev.  403  (46 
P.  628);  State  v.  Bouton,  26  Nev.  39(62 
P.  595);  State  v.  Hill,  32  Nev.  187  (105  P. 
1026). 

The  supreme  court,  in  the  examination 
of  the  transcript  on  appeal  in  a  criminal 
case,  cannot  look  at  anything  contained 
therein  that  is  outside  of  the  record  pro- 
vided for  by  statute.  State  v.  Ah  Mook,  12 
Nev.  369,  372. 


7296.    Dismissal  of  appeal  for  substantial  irregularity:* 

SEC.  446.  If  the  appeal  is  irregular  in  any  substantial  particular,  but 
not  otherwise,  the  appellate  court  may,  on  a  day  in  term,  on  motion  of  the 
respondent,  upon  five  days'  notice,  with  copies  of  the  papers  upon  which 
the  motion  is  founded,  unless  the  irregularity  can  be  cured  by  amendment 
and  is  so  cured,  order  the  same  to  be  dismissed. 

Kerr,  Pen.  C.,1248. 

See  sec.  7469. 

A  record  is  fatally  defective  in  not  show- 
ing the  fact  that  the  defendant  neglected  to 
appear  upon  some  one  of  the  occasions 
designated  in  sec.  486  of  this  act.  State  v. 


Murphy,  23  Nev.  391  (48  P.  628). 

Fine  cannot  be  paid  under  protest  so  as 
to  be  recovered  if  judgment  is  reversed  on 
appeal.  State  v.  Pray,  30  Nev.  206  (94  P. 
218). 


An  appeal  will  be  dismissed  where  the 
judgment  is  for  a  fine  only  when  the  fine 
has  been  paid.  Idem. 

Though  the  supreme  court  has  adopted  a 
liberal  practice  in  granting  applications  to 
amend  defects  in  transcripts,  where  no  move 
is  made  to  obviate  a  valid  objection  to  a 
transcript,  there  is  no  other  alternative 
than  to  sustain  the  objection.  State  v. 
.Hill,  32  Nev.  185  (105  P.  1025). 

7297.  Dismissal  for  failure  to  make  return. 

SEC.  447.  The  court  may,  also,  upon  like  motion,  dismiss  the  appeal,  if 
the  return  be  not  made  as  provided  in  section  445,  unless  for  good  cause  it 
shall  enlarge  the  time  for  that  purpose. 

Kerr,  Pen.  C.,1249. 

7298.  Criminal  appeals  to  be  determined  at  first  term  after  record  filed. 
SEC.  448.    All  appeals  in  criminal  cases  shall  be  tried  and  determined  at 

the  first  term  of  the  appellate  court  after  the  record  is  filed. 

Kerr,  Pen.  C.,1252. 

7299.  Affirmance  may  be  granted  without  argument— Reversal  not. 

SEC.  449.  Judgment  of  affirmance  may  be  granted  without  argument, 
if  the  appellant  fail  to  appear.  But  judgment  of  reversal  can  only  be  given 
upon  argument,  orally  or  upon  written  brief,  though  the  respondent  fail  to 
appear. 

1   Kerr,  Pen.  C.,  1253. 
See  supreme  court  rule  11,  p.  1423. 
Where  the  appellant  fails  to  appear  and 
file  any  points  or  authorities  in  a  criminal 


case,  the  supreme  court  may  affirm  the  judg- 


ment appealed  from  without  examining  the 
assignment  of  errors  in  the  record.  State 
v.  Myatt,  10  Nev.  163,  166. 


2045  CRIMINAL  PRACTICE  Sec.  7306 

When    the    defendant    in    a    criminal    ease       be    affirmed    upon    motion.     State    v.     Chin 
fails  to  put  in   an   appearance   in   the  appel-        \Vah,    \"2  Nev.    IIS. 
late   court,   the   judgment    of   conviction   will 

7300.  Number  of  counsel  in  argument  on  appeal. 

SEC.  450.  Upon  the  argument  of  the  appeal,  if  the  offense  is  punishable 
with  death,  two  counsel  shall  be  heard  on  each  side,  if  they  require  it.  In 
any  other  case  the  court  may,  in  its  discretion,  restrict  the  argument  to 
one  counsel  on  each  side. 

Kerr,  Pen.  C.,  1254. 

7301.  Defendant  need  not  be  present. 

SEC.  451.     The  defendant  need  not  appear  in  the  appellate  court. 

Kerr,  Pen.  C.,  1255. 

7302.  Court  to  give  judgment  without  regard  to  technical  errors. 

SEC.  452.  After  hearing  the  appeal,  the  court  shall  give  judgment  with- 
out regard  to  technical  error  or  defect  which  does  not  affect  the  substantial 
rights  of  the  parties. 

Kerr,  Pen.  ('..  125s. 
Bee.  7469. 


in   admitting  the  evidence   of  one       I-  I'.  A.  33,  n>  I'.  .".72);    State  v.  Buster,  23 
witness   of   a    confession    by   an    accused    N       \e\.    :;  H;  (47    P.    194);    S.    N.    M.    Co.    v. 

harmless      where      the      «ame      confession       is         Holmes  M.   Co.,   27    Nev.    108(103   A.   S.    759, 
ln-.iv.Ml   l,y   other  witnesses.      State   v.   Blister         7.".    I'.    7.1!));     Slate   v.    Williams,   31    Nev.   .".CO 

i'3  Nev.  346,  348  (47  I'.   1J»4).  (  ioi'    I'.   974);     state   \.   .la.-kman.   ::i    Nev. 

The  judgment    of  the   trial   court    will    no'  511   (KM    I'.    13)  J     State    \.    Skinner,   ;',i'  .\e\. 

lie    reversal    for    errors    which    do    not    affect  7<>(1()4    I'.   ---'0;     State    v.   Simpson,  32  Nev. 

the     substantial     rights     of     the     defendant.  138(104    I'.    l!44  )  ;     State    v.    I'ettv.    :;i>  Nev. 

state     v.     Depoister,     i'l      N«-\.     107(25     I'.  384(108   P.  034);    State  v.  Martel,  32  Nev. 

KIOO);      State    v.     Vau-han.    L'l'    Nev.    285(39         395(108    I'.    1«M>7). 

I'.    7:;:'-!;     State    v.    Marti.  -v.    L'L'    Ne\.    342(28  <'ited    and    explained.    State    v.    Smith.    :',  1 

Nev.     dl7  I'.  i'5). 
7808.     Power  of  ;ip|M'll;it<'  court. 

SEC.  453.  The  appellate  court  may  reverse,  affirm,  or  modify  the  judg- 
ment appealed  from,  and  may,  if  necessary  or  proper,  order  a  new  trial. 

Kerr.  Pen.  ('..  llV.o. 

On    a    murder    trial,    the    court    instructed  is    reversed,    it     was    held    that    the    supreme 

the  jury  that  under  the  law  and  evidence  it  court    may    order   a    new   trial,   although    the 

would    not   be  justified   in    lindini;    a    verdict  defendant  did   not    move  for  one,  and  denies 

for  any  higher  grade  of  offense  than   man-  the  power  of  the  court  to  grant  it.     State  \. 

slaughter.      It   was   held   that   this   was   not  Rover  10  Nev.  388,  400. 

necessarily  a  charge  that  the  state  had  made  Cited,   State   v.   Murphy,   23   Nev.  400  (48 

out  a  case  of  manslaughter.     State  v.  Little,  1'.  (>2S);    State   v.   Luhano,  31  Nev.  279. 
«5    Nev.    I'M,    282.  i'owers     of    court    on    appeal.       State    v. 

Where  the  defendant  in  a   criminal   case  I'reston,  3n   Nev.  301  (95  P.  918). 
is  convicted  and  appeals,  and  the  judgment 

7304.  Reversal  of  judgment—  Duty  of  appellate  court—  Bail  exonerated. 
SEC.  454.  If  a  judgment  against  the  defendant  is  reversed,  without 
ordering  a  new  trial,  the  appellate  court  shall  direct,  if  he  is  in  custody, 
that  he  be  discharged  therefrom,  or  if  he  is  admitted  to  bail,  that  his  bail 
be  exonerated,  or  if  money  be  deposited  instead  of  bail,  that  it  be  refunded 
to  the  defendant. 

Kerr,  Pen.  C.,  12(11'. 

7805.    On  affirmance  original  judgment  to  be  executed. 

SEC.  455.  On  a  judgment  of  affirmance  against  the  defendant,  the  origi- 
nal judgment  shall  be  carried  into  execution,  as  the  appellate  court  shall 
direct. 

Kerr,  Pen.  C.,  1263. 

7306.    Entry  of  judgment—  Papers  remitted  to  court  below. 

SEC.  456.     When  the  judgment  of  the  supreme  court  shall  have  been 
129 


See.  7307 


CRIMINAL  PRACTICE 


2046 


given,  it  must  be  entered  on  the  minutes,  and  a  certified  copy  of  the  entry, 
together  with  the  papers  transmitted  to  the  supreme  court  on  appeal, 
remitted  to  the  clerk  of  the  court  from  which  the  appeal  shall  have  been 
taken. 

See  supreme  court  rule  40,  p.  1424. 

7307.  Orders  after  remittitur  to  be  made  by  court  to  which  case  remitted. 
SEC.  457.    After  the  certificate  of  judgment  has  been  remitted,  the  appel- 
late court  shall  have  no  further  jurisdiction  of  the  appeal,  or  of  the  pro- 
ceedings thereon,  and  all  orders  which  may  be  necessary  to  carry  the 
judgment  into  effect  shall  be  made  by  the  court  to  which  the  certificate  is 
remitted. 

Kerr,  Pen.  C.,12t>5. 

CHAPTER  39 

BAIL 

7308.  Bail  defined.  7329. 

7309.  Taking  of  bail,  of  what  it  consists. 

7310.  Who     may     be     admitted     to     bail —       7330. 

Grounds.  7331. 

7311.  Person    charged    with    offense    punish- 

able with  death  not  to  be  admitted,       7332. 
when. 

7312.  Notice   to    district   attorney,   when   to       7333. 

be  given. 

7313.  Admission  to  bail  before  conviction. 

7314.  Admission  to  bail  after  conviction.  7334. 

7315.  Bail  after  conviction  and  upon  appeal. 

7.'!  Hi.  Bail,    when   defendant   has   been   held      7335. 

to  answer. 
7:;  17.  Bail,  how  put  in — Form   of  undertak-       7336. 

ing. 

7318.  Qualifications  of  bail.  7337. 

7319.  Justification    of   bail. 

7320.  Examination  of  bail  by  magistrate  as       7338. 

to   qualifications. 

7-".21.  When  offense  bailable  arresting  officer       7339. 
must  take  defendant  before  magis- 
trate to  fix  bail.  7340. 

7:!i)L).  When    offense    not    bailable    officer   to       7341. 
deliver  defendant  into  custody. 

7323.  Defendant  to  be  held  by  sheriff  unless       7342. 

bail  ordered  on  habeas  corpus.  7343. 

7324.  Bail  on  bench  warrant,  form  of  under- 

taking. 

7325.  Qualifications  of  bail.  7344. 

7326.  Bail  on  appeal,  who  may  admit. 

7327.  Notice  of  application  to  be  given  dis-       7345. 

trict  attorney.  7346. 

7-liN.  Bail   on  appeal,  qualification   of   sure- 
ties, how  furnished.  7347. 


Surety  companies  may  be  accepted  as 
bail. 

Cash  deposit  in  lieu  of  bail. 

Defendant  may  make  deposit  in  lieu 
of  undertaking. 

Money  deposited  as  bail  to  be  applied 
in  satisfaction  of  judgment. 

Bail  may  surrender  defendant  — 
Defendant  may  surrender — Exon- 
eration of  bail. 

Sureties  may  arrest  and  surrender 
defendant. 

When  defendant  surrenders,  deposit 
to  be  returned. 

Undertaking  or  deposit  to  be  for- 
feited, when. 

Idem — If  defendant  appears  court 
may  order  forfeiture  discharged. 

Idem — When  action  on  undertaking 
may  be  had. 

Clerk  to  pay  forfeited  bail  to  county 
treasurer.* 

Eecommitted  after  bail. 

Order  of  recommitment,  what  to  con- 
tain. 

Arrest  on  order  of  recommitment. 

Commitment  of  defendant  on  order 
when  he  fails  to  appear  for  judg- 
ment. 

Idem — If  for  other  causes  he  may  be 
admitted  to  bail. 

Idem — Who  may  take  bail. 

Form  of  undertaking  on  recommit- 
ment. 

Qualifications  of  bail. 


7308.  Bail  defined. 

SEC.  458.  Admission  to  bail  is  the  order  of  a  competent  court  or  magis- 
trate that  the  defendant  be  discharged  from  actual  custody  upon  the  taking 
of  bail. 

Kerr,  Pen.  C.,  12(iS. 

Excessive  bail  not  to  be  required,  Const.,  sec.  235. 

Konds  by  surety  companies,  sec.  695. 

Bail  held  excessive.     Ex  Parte  Douglas,  25  Nev.  425  (62  P.  49) . 

7309.  Taking  of  bail,  of  what  it  consists. 

SEC.  459.  The  taking  of  bail  consists  in  the  acceptance  by  a  competent 
court  or  magistrate,  of  the  undertaking  of  sufficient  sureties  for  the  appear- 
ance of  the  defendant,  according  to  the  terms  of  the  undertaking,  or  that 
the  bail  will  pay  to  the  State  of  Nevada  a  specified  sum. 

Kerr,  Pen.  C.,  12(59. 


2047  CRIMINAL  PRACTICE  Sec.  7314 

7310.  Who  may  be  admitted  to  bail— Grounds. 

SEC.  460.  A  person  charged  with  an  offense  may  be  admitted  to  bail 
before  conviction,  as  follows : 

1.  As  a  matter  of  discretion  in  all  cases  where  the  punishment  is  death; 

2.  As  a  matter  of  right  in  all  other  cases. 

Kerr.  IVn.  C.,  1270,  1271. 
Sec  Const.,  sec.  23(>. 

7311.  Person  charged   with  ott'ense   punishable   with   death  not   to   be 

admitted,  when. 

SEC.  461.  No  person  shall  be  admitted  to  bail  where  he  is  charged  with 
an  offense  punishable  with  death,  when  the  proof  is  evident  or  the  presump- 
tion great. 

Kerr.  Pen.  C.,  1270. 

A    nisi    prius    court    has    the    right,    upon  As   the   petition    for   the   writ    of   habeas 

tin-    application    of    a    petitioner,    who    is  corpus  contained  allegations  which,  if  true, 

charged    with    murder,  and   whose   case   has  showed  the  offense  of  petitioner  to  be  man- 

Itci'ii   resubniitted  to  another  grand  jury  to  slaughter  only,  he  was  entitled  to  have  the 

In  ii    the    testimony    and    decide    for    itself  evidence  of  the  witnesses  before  the  grand 

whether  the  proof  of  defendant's  guilt  was  jurv    reviewed  for  the  purpose  of  enabling 

e\  i.lent  <.r  the  presumption  great.    Ex  Parte  the*  court  or  judge  to  ascertain  whether  the 

Isliell,  11   N'ev.  295,  299.  proof   is   evident   or  the  presumption   great 

When   it  appears  that  the  presiding  judge  and     thereby     to     determine     whether     the 

ha-   arteil    upon    petitioner's  application   for  offense    committed — as    shown    by   this    and 

bail,    no    other    court    or    judge    would    be  other  testimony — is  a  bailable  offense.     Ex 

warranted      in     discharging     petitioner     or  Parte    Finlen,    20    Nev.    141,    144,    152    (18 

admitting     him    to    bail,    unless    it    clearly  P.  827). 
appears  that   the  presiding  judge  had  acted 
arliitrarily   in   the  premises.     Idem. 

7812.  Notice  to  district  attorney,  when  to  be  given. 

SEC.  462.  When  the  admission  to  bail  is  a  matter  of  discretion,  the  court, 
or  officer  by  whom  it  may  be  ordered,  shall  require  such  notice  of  the 
application  therefor  as  he  may  deem  reasonable  to  be  given  to  the  district 
attorney  of  the  county  where  the  examination  is  had. 

Kerr,  Pen.  C.,  1274. 

7813.  Admission  to  bail  before  conviction. 

SEC.  463.     Before  conviction,  a  defendant  may  be  admitted  to  bail : 

1.  For  his  appearance  before  a  magistrate,  on  the  examination  of  the 
charge,  before  being  "held  to  answer; 

2.  To  appear  at  the  court  to  which  the  magistrate  is  required  to  return 
the  depositions  and  statement  upon  the  defendant  being  held  to  answer 
after  examination; 

3.  After  indictment,  either  before  the  bench  warrant  issued  for  his 
arrest,  or  upon  an  order  of  the  court  committing  or  enlarging  the  amount 
of  bail,  or  upon  his  being  surrendered  by  his  bail  to  answer  the  indictment 
in  the  court  in  which  it  is  found,  or  to  which  it  may  be  sent  or  removed 
for  trial. 

Kerr,  Pen.  C.,  1273. 

7314.    Admission  to  bail  after  conviction. 

SEC.  464.  After  conviction  of  an  offense  not  punishable  with  death,  a 
defendant  who  has  appealed  may  be  admitted  to  bail : 

1.  As  a  matter  of  right,  where  the  appeal  is  from  a  judgment  imposing 
a  fine  only; 

2.  As  a  matter  of  discretion  in  all  other  cases. 

Kerr,  Pen.  C.,  1272. 
.See  sees.  7294-732(>. 
Cited,  State  v.  Murphy,  23  Nev.  403  (48  P.  628) . 


Sec.  7315  CRIMINAL  PRACTICE  2048 

7315.  Bail  after  conviction  and  upon  appeal. 

SEC.  465.  After  conviction,  and  upon  an  appeal,  the  defendant  may  be 
admitted  to  bail  as  follows: 

1.  If  the  appeal  be  from  a  judgment  imposing  a  fine  only,  on  a  recogni- 
zance of  bail,  that  he  will  pay  the  same,  or  such  part  of  it  as  the  appellate 
court  may  direct,  if  the  judgment  be  affirmed  or  modified,  or  the  appeal  be 
dismissed ; 

2.  If  judgment  of  imprisonment  has  been  given,  that  he  will  surrender 
himself  in  execution  of  the  judgment,  upon  its  being  affirmed  or  modified, 
or  upon  the  appeal  being  dismissed,  or  that,  in  case  the  judgment   is 
reversed  and  the  cause  is  remanded  for  a  new  trial,  he  will  appear  in  the 
court  to  which  said  cause  may  be  remanded,  and  at  all  times  render  himself 
amenable  to  the  orders  and  process  of  the  court,  and  if  again  convicted, 
shall  appear  for  judgment  and  render  himself  in  execution  thereof. 

Kerr,  Pen.  C.,  1273. 

Cited,  State  y.  Murphy,  23  Nev.  400    (48  court,     especially     when     the     case     would 

P.  628).  shortly    be    heard    on    its    merits.      State    Y. 

The  defendant  was  convicted  of  larceny,  Smith,  34  Nev.  —  (111  P.  929). 

and  refused  bail  on  application  to  the  trial  Upon  application  to  the  supreme  court  to 

court.     It   was   held   that,   as   the   discretion  be   admitted  to   bail,  notice  to   the   district 

of   the   trial    judge   is    not   to    be    disturbed  attorney  of  the  county  in  which  the  offense 

except  for  clear  abuse,  the  defendant  would  was  committed  was  held  to  be  a   necessary 

not    be    admitted    to    bail    by    the    supreme  prerequisite.     Idem. 

7316.  Bail,  when  defendant  has  been  held  to  answer. 

SEC.  466.  When  the  defendant  has  been  held  to  answer  upon  an  exam- 
ination for  a  public  offense,  except  as  otherwise  provided  in  capital  cases, 
the  admission  to  bail  may  be  by  the  magistrate  by  whom  he  is  so  held,  or 
by  any  magistrate  who  has  power  to  issue  the  writ  of  habeas  corpus. 

Kerr,  Pen.  C.,  1277. 

7317.  Bail,  how  put  in— Form  of  undertaking. 

SEC.  467.  Bail  is  put  in  by  a  written  undertaking,  executed  by  two  suf- 
ficient sureties  (with  or  without  the  defendant,  in  the  discretion  of  the 
court  or  magistrate),  and  acknowledged  before  the  court  or  magistrate  in 
substantially  the  following  form:  "An  order  having  been  made  on  the. 

day  of....     ,  A.D.  19... ,  by  A.  B.,  a  justice  of  the  peace  of... 

county  (or  as  the  case  may  be),  that  C.  D.  be  held  to  answer  upon  a  charge 
of  (stating  briefly  the  nature  of  the  offense),  upon  which  he  has  been 

duly  admitted  to  bail  in  the  sum  of dollars*  we,  E.  F.  and  G.  H. 

(stating  their  place  of  residence),  hereby  undertake  that  the  above-named 
C.  D.  shall  appear  and  answer  the  charge  above  mentioned,  in  whatever 
court  it  may  be  prosecuted,  and  shall  at  all  times  render  himself  amenable 
to  the  orders  and  process  of  the  court,  and,  if  convicted,  shall  appear  for 
judgment  and  render  himself  in  execution  thereof,  or,  if  he  fail  to  perform 
any  of  these  conditions,  that  we  will  pay  to  the  State  of  Nevada  the  sum  of 

..dollars  (inserting  the  sum  in  which  the  defendant  is  admitted 

to  bail)." 

Kerr,  Pen.  C.,  1278. 

Concerning  undertakings  by  surety  companies,  see  sec.  695. 

A  recognizance  which  gives  the  name  of  act)  is  not  applicable  to  the  same  words  as 

the  offense  for  which  the  principal  is  held  used  above.     Idem. 

is    sufficient.     State   v.    Birchim,   9    Nev.    95  It  seems  that  a  failure  to  follow  the  statu- 

99,  100.  tory  form   in   giving   a   recognizance   would 

The  reasons  for  setting  forth  the  particu-  not,  if  the  obligations  were  in  other  respects 

lars  of  the  offense  in  a  commitment  do  no1  plain,    release    the    obligors    from    their    lia- 

exist    in    the    case    of    a    recognizance;    and  bility.     Idem. 

therefore    the    construction    requiring    such  An  action  upon  a  bail  bond  is  an  action 

particularity    given    to    the    words    "briefly  upon  an  obligation  founded  upon  an  instru 

stating   the   offense,"   as   used   in   the   statu-  ment  in  writing,  and  is  not  an  action  for  a 

tory  form  of  commitments  (sec.  142  of  this  forfeiture  or  penalty  to  the  state  which  must 


2049                                     CRIMINAL  PRACTICE                              Sec,  7322 

In-  >  ommenced  within  two  years  after  right  never  filed  or  became  a   record  in  the  cause 

of  action    has  accrued.     The  right  of  action  or  court,   is  not   tenable.      Idem. 

is.  therefore,  barred  by  the  six-year  clause  of  In  a  recogni/ance  the  details  of  the  offense 

fchf   -tatute.     State  v.  Murphy,  23   Nev.  ;UM),  need    not    be    stated    with    the    particularity 

38£j     |s    P.  letjuired    by    the    indictment,    but    it    suffices 

A   contention  that  a  recognizance  is  void,  it  any  word   is  used  by  way  of  recital  which 

for  the  reason   that   no  time,   place  or  court  is  commonly  employed  to  designate  the   par- 

is  named  therein,  is  not  tenable,  as  the  law  ticular    ofTense.     State    v.    O'Keefe,    ill'    Nev. 

designates  the  time,  place  and  court  in  which  .">.'>!   (  ION   |  >.  2). 

the    defendant    must    appear    and    surrender  A    recognixance    reciting    that    "an    indict- 

hi'iiself  in  execution  of  tin-  judgment.     Idem.  mei;t    haxing    bet>n    found   charging    W.    with 

Where  the  transcript  on  appeal  shows  that  the    crime    of    uttering    and    passing    false 

.•'•oLini/ance     w;is     made    a     record    by  paper,"  etc.,  sulliciently  designated  the  crime 

' 


older   of  the  court,   and   the  complaint   avers        \vitliout     stating    that     the    false    paper    was 
that  it  was  tiled.  ;i  contention  that  the  recog-        passed    with    intent   to   defraud.      Idem. 
ni/ance  is  void  for  the  reason  that  it   wae 

7318.  Qualifications  of  bail. 

SEC.  468.     The  qualifications  of  bail  are  as  follows  : 

1.  Each  of  them  must  be  a  resident,  and  a  householder  or  freeholder 
within  the  state  ; 

2.  They  must  each  be  worth  the  amount  specified  in  the  recognizance, 
exclusive  of  property  exempt  from  execution  ;  but  the  court  or  magistrate, 
on  taking  bail,   may  allow  more  than  two  bail  to  justify  severally  in 
amounts  less  than  that  expressed  in  the  recognizance,  if  the  whole  justifica- 
tion be  equivalent  to  that  of  two  sufficient  sureties. 

Kerr.  1'en.  ('..  12711. 

7319.  Justification  of  bail. 

SEC.  469.  The  bail  shall,  in  all  cases,  justify  by  affidavit,  taken  before 
the  court  or  magistrate,  as  the  case  may  be.  The  affidavit  must  state  that 
they  each  possess  the  qualifications  provided  in  the  preceding  section. 

Kerr,  iVn.C..  12-sn. 

73*20.     Examination  of  bail  by  magistrate  as  to  qualifications. 

SEC.  470.  The  court  or  magistrate  may  thereupon  further  examine  the 
bail,  upon  oath,  concerning  their  sufficiency,  in  such  manner  as  the  court 
or  magistrate  may  deem  proper. 

Kerr,  Pen.  C.,  12*:J. 

7H21.    When  offense  bailable  arresting  officer  must  take  defendant  before 

magistrate  to  fix  bail. 

SEC.  471.  When  the  offense  charged  in  the  indictment  is  bailable,  the 
officer  serving  the  bench  warrant  must,  if  required  by  the  defendant,  take 
him  before  a  magistrate  in  the  county  in  which  it  is  issued,  or  if  he  is 
arrested  in  another  county,  before  a  magistrate  in  that  county  or  an  adjoin- 
ing county,  for  the  purpose  of  allowing  the  defendant  to  furnish  bail  in 
the  amount  fixed  on  the  bench  warrant.  If  the  defendant  be  taken  into 
custody  under  a  warrant  of  arrest  for  an  offense  which  is  bailable,  the 
officer  must,  if  so  required  by  the  defendant,  take  him  before  a  magistrate 
for  the  purpose  of  allowing  the  defendant  to  be  admitted  to  bail  in  the 
amount  fixed  in  the  warrant  of  arrest,  and  in  accordance  with  the  provi- 
sions for  admission  to  bail  when  the  defendant  is  taken  into  custody  under 
a  warrant  of  arrest. 

s»-e  sec.  6940,  et  seq. 

78*22.    When  offense  not  bailable  officer  to  deliver  defendant  into  custody. 

SEC.  472.  If  the  offense  charged  is  not  bailable,  or  if  bail  be  not  given, 
the  officer  arresting  the  accused  shall  deliver  him  into  custody  according  to 
the  command  of  the  bench  warrant  or  the  warrant  of  arrest. 

Cited,  Ex  Parte  Finlen,  20  Nev.  150  (18  P.  827). 


Sec.  7323  CRIMINAL  PRACTICE  2050 

7323.  Defendant  to  be  held  by  sheriff  unless  bail  ordered  on  habeas 

corpus. 

SEC.  473.  When  the  offense  is  not  bailable,  and  the  defendant  is  deliv- 
ered into  custody,  he  shall  be  held  by  the  sheriff  unless  admitted  to  bail 
on  examination  upon  a  writ  of  habeas  corpus. 

7324.  Bail  on  bench  warrant,  form  of  undertaking:. 

SEC.  474.  When  the  defendant  has  been  arrested  upon  a  bench  warrant, 
the  bail  must  be  put  in  by  a  written  undertaking,  executed  by  two  sufficient 
sureties  (with  or  without  the  defendant,  in  the  discretion  of  the  court  or 
magistrate),  and  acknowledged  before  the  court  or  magistrate,  in  sub- 
stantially the  following  form : 

An  indictment  having  been  found,  on  the day  of ....A.  D. 

19....,  in  the  court  of  the  district  of (as  the  case  may  be) ,  charging 

A.  B.  with  the  crime  of  (designating  it  generally) ,  and  he  having  been  duly 
admitted  to  bail  in  the  sum  of dollars,  we,  C.  D.  and  E.  F.  (stat- 
ing their  place  of  residence) ,  hereby  undertake  that  the  above-named  A.  B. 
shall  appear  and  answer  the  indictment  above  mentioned,  in  whatever 
court  it  may  be  prosecuted,  and  shall  at  all  times  render  himself  amenable 
to  the  orders  and  processes  of  the  court,  and,  if  convicted,  shall  appear,  for 
judgment  and  render  himself  in  execution  thereof;  or,  if  he  fail  to  perform 
either  of  these  conditions,  that  we  will  pay  to  the  State  of  Nevada  the  sum 

of dollars  (inserting  the  sum  in  which  the  defendant  is  admitted 

to  bail) . 

Kerr,  Pen.  C.,1287. 

See  State  v.  O'Keefe,  under  sec.  467  of  this  act. 

7325.  Qualifications  of  bail. 

SEC.  475.  The  provisions  contained  in  sections  468  and  470,  both  inclu- 
sive, in  relation  to  bail,  shall  apply  to  the  qualifications  of  the  bail,  and  to 
all  the  proceedings  respecting  the  putting  in  and  justifying  of  bail,  and 
incident  thereto. 

Kerr,  Pen.  C.,1288. 

7326.  Hail  on  appeal,  who  may  admit. 

SEC.  476.  In  the  cases  in  which  the  defendant  may  be  admitted  to  bail, 
upon  an  appeal,  the  order  admitting  him  to  bail  may  be  made  by  the  court 
or  judge  who  tried  the  case  or  by  the  court  to  which  the  appeal  is  taken 
or  the  judge  or  a  justice  thereof. 

Kerr,  Pen.  C.,  1291. 
See  sees.  7294,  7314. 

7327.  Notice  of  application  to  be  given  district  attorney. 

SEC.  477.  When  the  admission-  to  bail  is  a  matter  of  discretion,  the 
court  or  judge  by  whom  it  may  be  ordered  shall  require  such  notice  of  the 
application  therefor  as  he  may  deem  reasonable  to  be  given  to  the  district 
attorney  of  the  county  in  which  the  verdict  or  judgment  was  originally 
rendered. 

Kerr,  Pen.  C.,1274. 

7328.  Bail  on  appeal,  qualification  of  sureties,  how  furnished. 

SEC.  478.  The  sureties  must  possess  the  qualifications,  and  the  bail  must 
be  furnished  in  all  respects  as  before  provided,  except  that  the  condition 
of  the  recognizance  shall  be  to  the  effect  that  the  defendant  will  in  all 
respects  abide  the  orders  and  judgment  of  the  appellate  court  upon  the 
appeal. 

Kerr,  Pen.  C.,  1292. 

Cited,  State  v.  Murphy,  23  Nev.  400  (48  P.  628). 


2051  CRIMINAL  PRACTICE  Sec.  7885 

7329.    Surety  companies  may  be  accepted  as  bail. 

SEC.  479.  In  all  cases  where  bail  may  be  given  under  the  provisions  of 
this  act,  the  party  giving  such  bail  may  furnish  the  same  with  a  surety  or 
bonding  company,  authorized  to  do  business  under  the  laws  of  this  state 
and  to  furnish  bonds  or  recognizances  in  criminal  cases,  to  be  approved  by 
the  court  or  magistrate,  in  lieu  of  personal  sureties. 

See  sec.  <;<.»•">. 

7830.    Cash  deposit  in  lien  of  bail. 

SEC.  480.  The  defendant,  at  any  time  after  an  order  admitting  him  to 
bail,  instead  of  giving  bail,  may  deposit  with  the  magistrate  or  the  clerk 
of  the  court  in  which  he  is  held  to  answer,  the  sum  mentioned  in  the  order, 
and  upon  delivering  to  the  officer  in  whose  custody  he  is,  a  certificate  of  the 
deposit,  he  shall  be  discharged  from  custody. 

Kcrr.  IVn.  C.,  1^»">. 


Defendant  may  make  deposit  in  lien  of  undertaking 
SEC.  481.    If  the  defendant  has  given  bail,  he  may,  at  any  time  before  the 
forfeiture  of  the  undertaking,  in  like  manner  deposit  the  sum  mentioned  in 
the  undertaking,   and   upon   the  deposit  being  made,   the  bail  shall   be 
exonerated. 

K<>rr.  IVn.  ('.,  ]L".ir,. 

7882.  Money  deposited  as  bail  to  be  applied  in  satisfaction  of  judgment. 
SEC.  482.  When  money  has  been  deposited,  if  it  remains  on  deposit  at 
the  time  of  a  judgment  for  the  payment  of  a  fine,  the  court  or  the  clerk, 
under  the  direction  of  the  court,  shall  apply  the  money  in  satisfaction 
thereof,  and  after  satisfying  the  fine  and  costs,  shall  refund  the  surplus,  if 
any,  to  the  defendant. 

Km.  IVn.  C.,  H-)(.»7. 

7333.  IJail  may  surrender  defendant—  Defendant  may  surrender—  Exoner- 

ation of  bail. 

SEC.  483.  At  any  time  before  the  forfeiture  of  their  undertaking,  the 
bail  may  surrender  the.  defendant  in  their  exoneration,  or  he  may  surrender 
himself  to  the  officer  to  whose  custody  he  was  committed  at  the  time  of 
giving  bail,  in  the  following  manner  : 

1.  A  certified  copy  of  the  undertaking  of  bail  shall  be  delivered  to  the 
officer,  who  shall  detain  the  defendant  in  his  custody  thereon  as  upon 
a  commitment,  and  shall,  by  a  certificate  in  writing,  acknowledge  the 
surrender. 

2.  Upon  an  undertaking  and  a  certificate  of  the  officer,  the  court  in  which 
the  action  is  pending  may,  upon  notice  of  five  days  to  the  district  attorney 
of  the  district,  with  a  copy  of  the  undertaking  and  certificate,  order  that 
the  bail  be  exonerated,  and  on  filing  the  order  and  the  papers  used  on  the 
application,  they  shall  be  exonerated  accordingly. 

Kerr,  Pen.  C.,  1300. 

7334.  Sureties  may  arrest  and  surrender  defendant. 

SEC.  484.  For  the  purpose  of  surrendering  the  defendant,  the  sureties, 
at  any  time  before  they  are  finally  discharged,  and  at  any  place  within  the 
state,  may  themselves  arrest  him,  or  by  a  written  authority,  indorsed  on  a 
certified  copy  of  the  undertaking,  may  empower  any  person  of  suitable  age 
and  discretion  to  do  so. 

Kerr,  Pen.  C.,  1301. 

7335.  When  defendant  surrenders,  deposit  to  be  returned. 

SEC.  485.     If  money  has  been  deposited  instead  of  bail,  and  the  defend- 


Sec.  7386  CRIMINAL  PRACTICE  2052 

ant,  at  any  time  before  the  forfeiture  thereof,  shall  surrender  himself  to 
the  officer  to  whom  the  commitment  was  directed,  in  the  manner  provided 
in  the  last  two  sections,  the  court  shall  order  a  return  of  the  deposit  to  the 
defendant,  upon  producing  the  certificate  to  the  officer,  showing  the  sur- 
render, and  upon  a  notice  of  five  days  to  the  district  attorney,  with  a  copy 
of  the  certificate. 

Kerr,  Pen.  C.,  1302. 

7336.  Undertaking  or  deposit  to  be  forfeited,  when. 

SEC.  486.  If  without  sufficient  excuse  the  defendant  neglects  to  appear 
for  arraignment,  or  for  trial  or  judgment,  or  upon  any  other  occasion, 
when  his  presence  in  court  may  be  lawfully  required,  or  to  surrender  him- 
self in  execution  of  the  judgment,  the  court  shall  direct  the  fact  to  be 
entered  upon  its  minutes,  and  the  undertaking,  or  the  money  deposited 
instead  of  bail,  as  the  case  may  be,  shall  thereupon  be  declared  forfeited. 

Kerr,  Pen.  C.,  1305. 

This  provision  is  mandatory.  It  does  not  motion  of  the  district  attorney,  it  is  ordered 

require  that  the  record  must  show  that  the  that  the  bonds  of  M.  be  and  they  are  hereby 

defendant  was  called,  neither  is  it  necessary  declared  forfeited/'  is  fatally  defective  in 

thereunder  that  the  defendant  should  be  not  showing  that  the  defendant  neglected 

called.  State  v.  Murphy,  23  Nev.  391  (48  to  appear  on  one  of  the  occasions  designated 

P.  (>28).  in  section  523  of  the  former  criminal  prac- 

A   record   reading   as   follows:      "Now,   on  tice  act.     Idem. 

7337.  Idem— If  defendant  appears  court  may  order  forfeiture  discharged. 

SEC.  487.  If  at  any  time  before  the  final  adjournment  of  the  court,  the 
defendant  shall  appear  and  satisfactorily  excuse  his  neglect,  the  court 
may  direct  the  forfeiture  of  the  undertaking  or  the  deposit  to  be  discharged 
upon  such  terms  as  may  be  just. 

Kerr,  Pen.  C.,  1305. 

7338.  Idem— When  action  on  undertaking1  may  be  had. 

SEC.  488.  If  the  forfeiture  is  not  discharged  as  provided  in  the  last  sec- 
tion, the  district  attorney  may,  at  any  time  after  the  adjournment  of  the 
court  proceed  by  action  only  against  the  bail  upon  their  undertaking. 

Kerr,  Pen.  C.,1306. 

7339.  Clerk  to  pay  forfeited  bail  to  county  treasurer. 

SEC.  489.  If  by  reason  of  the  neglect  of  the  defendant  to  appear,  as 
provided  in  section  486,  money  deposited  instead  of  bail  is  forfeited,  and 
the  forfeiture  be  not  discharged  or  remitted  as  provided  in  section  487,  the 
clerk  with  whom  it  is  deposited  must  immediately  after  the  final  adjourn- 
ment of  the  court  pay  over  the  money  deposited  to  the  county  treasurer. 

Kerr,  Pen.  C.,  1307. 

7340.  Recommitted  after 'bail.    . 

SEC.  490.  The  court  to  which  the  committing  magistrate  shall  return 
the  depositions  and  statement,  or  in  which  an  indictment  or  an  appeal  is 
pending,  or  to  which  a  judgment  on  appeal  is  remitted  to  be  carried  into 
effect,  may,  by  an  order  to  be  entered  on  its  minutes,  direct  the  arrest  of 
the  defendant  and  his  commitment  to  the  officer  to  whose  custody  he  was 
committed  at  the  time  of  giving  bail,  and  his  detention  until  legally  dis- 
charged, in  the  following  cases : 

1.  When,  by  reason  of  his  failure  to  appear,  he  has  incurred  a  for- 
feiture of  his  bail,  or  of  money  deposited  instead  thereof,  as  provided  in 
section  486; 

2.  When  it  satisfactorily  appears  to  the  court  that  his  bail,  or  either  of 
them,  are  dead,  or  insufficient,  or  have  removed  from  the  state; 

3.  Upon  an  indictment  being  found  in  the  cases  provided  in  section  233. 
Kerr,  Pen.  C.,  1310. 


2053  CRIMINAL  PRACTICE  Sec.  7346" 

To  1-1.    Order  of  recommitment,  what  to  contain. 

SEC.  491.  The  order  for  the  recommitment  of  the  defendant  shall  recite 
generally  the  facts  upon  which  it  is  founded,  and  shall  direct  that  the 
defendant  be  arrested  by  any  sheriff,  constable,  marshal,  policeman,  or 
other  peace  officer  within  the  state,  and  committed  to  the  custody  of  the 
sheriff  of  the  county  where  the  depositions  and  statement  were  returned, 
or  the  indictment  was  found,  or  the  conviction  was  had,  as  the  case  may 
be,  to  be  detained  until  legally  discharged. 

Kerr,  Pen.C.,  1311. 

7342.    Arrest  on  order  of  recommitment. 

SEC.  492.  The  defendant  may  be  arrested  pursuant  to  the  order,  upon  a 
certified  copy  thereof,  in  any  county,  in  the  same  manner  as  upon  a  warrant 
of  arrest,  except  that  when  arrested  in  another  county  the  order  need  not 
be  indorsed  by  a  magistrate  of  that  county. 

Ki-rr.  Pen.  ('..  I  .'ill'. 

7843.    Commitment  of  defendant  on  order  when   lie  t';iils  to  appear  for 
judgment. 

SEC.  493.  If  the  order  recites,  as  the  grounds  upon  which  it  is  made,  the 
failure  of  the  defendant  to  appear  for  judgment  upon  conviction,  the 
defendant  must  be  committed  according  to  the  requirement  of  the  order. 

K.-rr.  Pen.  c..  L313. 

7344.  Idem— If  for  other  cause  lie  may  be  admitted  to  bail. 

SEC.  494.  If  the  order  be  made  for  any  other  cause,  and  the  offense  is 
bailable,  the  court  may  fix  the  amount  of  bail,  and  may  cause  a  direction  to 
be  inserted  in  the  order  that  the  defendant  be  admitted  to  bail  in  the  sum 
fixed,  which  shall  be  specified  in  the  order. 

K.-it.  Pen.  c.,  i:;i  i. 

7345.  Idem— \Ylio  ma.v  take  hail. 

SEC.  495.  When  the  defendant  is  admitted  to  bail,  the  bail  may  be  taken 
in  the  amount  specified  in  the  order,  by  any  magistrate  in  the  county  hav- 
ing authority  in  a  similar  case  to  admit  to  bail  upon  the  holding  of  the 
defendant  to  answer  before  indictment,  or  by  any  other  magistrate  to  be 
designated  by  the  court. 

Kerr,  Pen.  ('.,  131o. 

7340.     Form  of  undertaking1  on  recommitment. 

SEC.  496.  When  bail  is  taken  upon  the  recommitment  of  the  defendant, 
the  undertaking  shall  be  in  substantially  the  following  form:  "An  order 

having  been  made  on  the day  of ...,  A.  D.  19....,  by  the  court 

(naming  it),  that  A.  B.  be  admitted  to  bail  in  the  sum  of...         dollars, 

in  an  action  pending  in  that  court  against  him,  in  behalf  of  the  State  of 
Nevada,  upon  a  (presentment,  indictment  or  appeal,  as  the  case  may  be), 
we,  C.  D.  and  E.  F.,  of  (stating  their  place  of  residence),  hereby  undertake 
that  the  above-named  A.  B.  shall  appear  in  that  or  any  other  court  in  which 
his  appearance  may  be  lawfully  required  upon  that  (presentment,  indict- 
ment, or  appeal,  as  the  case  may  be) ,  and  shall  at  all  times  render  himself 
amenable  to  its  orders  and  processes,  and  appear  for  judgment,  and  sur- 
render himself  in  execution  thereof;  or  if  he  fail  to  perform  any  of  these 
conditions,  that  we  will  pay  to  the  State  of  Nevada  the  sum  of... 
dollars  (inserting  the  sum  in  which  the  defendant  is  admitted  to  bail.)" 

Kerr,  Pen.  C.,1316. 

A    motion    by    the    accused    for    an    order  money  was  taken  from  him   at  the  time  of 

•  lir.M-ting    the  'sheriff    to    pay    over    to    him  his  arrest,  this  section  provides  for  its  dis- 

money    unlawfully    detained,    as    shown    by  position.     State  v.  Burns,  27  Nev.  289  (74  P. 

an     affidavit    in     support     of     such     motion,  983). 

\\ns    properly   denied,   as   such   money   could  Recital  of  offense  in  recognizance.     State 

be    recovered    by    civil    action,    and,    if    the  v.  O'Keefe,  32  Nev.  331  (108  P.  2). 


Sec,  7347  CRIMINAL  PRACTICE  2054 

7347.  Qualifications  of  bail. 

SEC.  497.  The  sureties  must  possess  the  qualifications  and  the  bail  must 
be  furnished  in  all  respects  in  the  manner  heretofore  prescribed. 

Kerr,  Pen.  C.,1317. 

CHAPTER  40 

COMPELLING  ATTENDANCE  OF  WITNESSES 

7348.  Subpena  defined.  7357.  Payment    of   witnesses   for    state   who 

7349.  Who    may    issue    subpenas — Order    for  reside  out  of  county,  or  are  poor. 

witness  in  prison.  7358.  Idem — Payment     of     witnesses,     from 

7350.  District  attorney  may  issue  subpenas  what  fund. 

in  support  of  prosecution.  7359.  Witness  not  obliged  to  attend  out   of 

7351.  Idem — In  support  of  indictment.  county  unless  ordered. 

7352.  Clerk  to  issue  subpenas  to  defendant.  7360.  Subpena  for  interpreter — Oath  of. 

7353.  Form  of  subpena.  7361.  Disobedience    of    subpena — Eefusal   to 

7354.  Books    and    papers    ordered    produced  be  sworn  or  to  answer. 

designated  in  subpena.  7362.  Forfeiture  of  bond  of  witness. 

7355.  By  whom  served — Return.  7363.  When  witness  is  a  prisoner — Order. 

7356.  Subpena,  how  served.  7364.  Disobedience  of  subpena,  penalty. 

7848.    Subpena  defined. 

SEC.  498.  The  process  by  which  the  attendance  of  a  witness  before  a 
court  or  magistrate  is  required,  is  a  subpena. 

Kerr,  Pen.  C.,  1326. 

7349.  Who  may  issue  subpenas— Order  for  witness  in  prison. 

SEC.  499.  A  magistrate  before  whom  a  complaint  is  laid,  or  a  clerk  of 
the  district  court  before  which  a  proceeding  by  indictment  is  being  tried, 
may  issue  subpenas  subscribed  by  them  for  witnesses  within  the  State  of 
Nevada,  either  on  behalf  of  the  state  or  of  the  defendant ;  and  when  it  is 
necessary  to  have  a  person  imprisoned  in  the  state  prison  brought  before 
any  district  court,  or  a  person  imprisoned  in  the  county  jail  brought  before 
a  district  court  sitting  in  another  county,  an  order  for  that  purpose  may  be 
made  by  the  district  court,  or  district  judge,  at  chambers,  and  executed  by 
the  sheriff  of  the  county  when  it  is  made;  such  order  can  only  be  made 
upon  motion  of  a  party  upon  affidavit  showing  the  nature  of  the  action  or 
proceeding,  the  testimony  expected  from  the  witness,  and  its  materiality. 

Kerr,  Pen.  C.,1326. 
See  sec.  7363. 

7350.  District  attorney  may  issue  subpenas  in  support  of  prosecution. 
SEC.  500.    The  district  attorney  may  issue  subpenas  subscribed  by  him, 

for  witnesses  within  the  state,  in  support  of  the  prosecution,  or  for  such 
other  witnesses  as  the  grand  jury  may  direct  to  appear  before  the  grand 
jury,  upon  any  investigation  pending  before  them. 

Kerr,  Pen.  C.,  1326. 

7351.  Idem— In  support  of  indictment. 

SEC.  501.  The  district  attorney  may,  in  like  manner,  issue  subpenas 
subscribed  by  him,  for  witnesses  within  the  state,  in  support  of  an  indict- 
ment, to  appear  before  the  court  at  which  it  is  to  be  tried. 

Kerr,  Pen.  C.,  1326. 

7352.  Clerk  to  issue  subpenas  to  defendant. 

SEC.  502.  The  clerk  of  the  court  at  which  an  indictment  is  to  be  tried, 
shall  at  all  times,  upon  the  application  of  the  defendant,  and  without 
charge,  issue  as  many  blank  subpenas,  subscribed  by  him  as  clerk,  for  wit- 
nesses within  the  state,  as  may  be  required  by  the  defendant. 

Kerr,  Pen.  C.,  1326. 

7353.  Form  of  subpena. 

SEC.  503.    A  subpena  authorized  by  the  last  four  sections  shall  be  sub- 


2055  CRIMINAL  PRACTICE  Sec.  7359 

stantially  in  the  following  form :  The  State  of  Nevada  to  A.  B. :  You  are 
commanded  to  appear  before  C.  D.,  a  justice  of  the  peace  of town- 
ship, in county  (or,  the  court  of ,  as  the  case  may  be), 

at  (naming  the  place),  on  (stating  the  day  and  hour),  as  a  witness  in  a 
criminal  action,  prosecuted  by  the  State  of  Nevada  against  E.  F.  Given 

under  my  hand  this day  of ,  A.  D.  19.....     G.  H.,  justice 

of  the  peace  (or  J.  B.,  district  attorney,  or  "By  order  of  the  court,  L.  M., 
Clerk,"  as  the  case  may  be). 
Kerr,  Pen.  C.,  1327. 

7354.    Hooks  and  papers  ordered  produced  designated  in  suhpena. 

SEC.  504.  If  books,  papers,  or  documents  be  required,  a  direction  to  the 
following  effect  shall  be  contained  in  the  subpena :  And  you  are  required 
also  to  bring  with  you  the  following  (describing  intelligibly  the  books, 
papers,  or  documents  required). 

Kerr,  Pen.  C.,  1327, 

7:555.     IJ.v  whom  served  — Return. 

SEC.  505.  A  subpena  may  be  served  by  any  male  citizen  over  the  age  of 
twenty-one  years.  A  peace  officer  must  serve  within  his  county  or  district 
any  subpena  delivered  to  him  for  service,  either  on  the  part  of  the  people 
or  of  the  defendant,  and  must  make  a  written  return  of  the  service,  sub- 
scribed by  him,  stating  the  time  and  place  of  service,  without  delay. 

Kerr.  Pen.C.,  l :;•_'*. 

735<».     Subpena.  how  served. 

SEC.  506.  The  service  of  the  subpena  shall  be  by  showing  the  original  to 
the  witness  personally,  and  informing  him  of  the  contents. 

Kerr.  IVn.  ('..  KILN. 

7357.  Payment  of  \\ituesses  for  state  who  reside  out  of  count.v.or  are  poor. 
SEC.  507.    When  a  person  shall  attend  before  a  magistrate,  grand  jury, 

or  court,  as  a  witness  on  behalf  of  the  state,  or  defendant,  upon  a  subpena, 
or  by  virtue  of  a  recognizance,  and  it  shall  appear  that  he  has  come  from 
any  place  out  of  the  county,  or  that  he  is  poor,  the  court,  if  the  attendance 
of  the  witness  be  upon  a  trial,  by  an  order  upon  its  minutes,  or  in  any 
other  case,  the  district  judge,  by  an  order  subscribed  by  him,  may  direct 
the  treasurer  of  the  county  to  pay  the  witness  a  reasonable  sum,  to  be  spe- 
cified in  the  order,  for  his  expenses. 

Kerr,  Pen.  C.,  1329. 

Src  see.  2(XH). 

Regarding  fees  for  witnesses  in  criminal  cases:  Clark  County,  Stats.  1909,  p.  128,  and  Stats. 
l'.)07.  ]>.  150;  Elko,  Esmeralda,  Eureka,  Humboldt,  and  Mineral  Counties,  Stats.  1911,  p.  361; 
Lander  County,  Stats.  190!),  p.  7S;  Lincoln  County,  Stats. '1907,  p.  150;  Nye  County,  Stats. 
1909,  p.  158;  White  Pine  County,  Stats.  1909,  p.  168. 

Cited,  Washoe  Co.  v.  Humboldt  Co.,  14  Nev.  127,  135. 

7358.  Mem— Payment  of  witnesses,  from  what  fund. 

SEC.  508.  Upon  the  production  of  the  order,  or  a  certified  copy  thereof, 
the  county  treasurer  shall  pay  the  witness  the  sum  specified  therein,  out  of 
any  fund  in  the  county  treasury  not  otherwise  specially  appropriated  or 
set  apart.  It  shall  not  be  necessary  for  such  order  to  be  presented  to  the 
board  of  county  commissioners  or  auditor. 

Kerr,  Pen.  C.,  KJ'3). 

7359.  Witness  not  obliged  to  attend  out  of  county  unless  ordered. 

SEC.  509.  No  person  shall  be  obliged  to  attend  as  a  witness  before  any 
court  or  judge  out  of  the  district  where  the  witness  resides,  or  is  served 
with  the  subpena,  unless  a  judge  of  the  court  in  which  the  offense  is  triable, 
or  a  justice  of  the  supreme  court,  upon  an  affidavit  of  the  district  attorney, 
or  prosecutor,  or  of  the  defendant,  or  his  counsel,  stating  that  he  believes 


Sec,  7360  CRIMINAL  PRACTICE  2056 

the  evidence  of  the  witness  is  material,  and  his  attendance  at  the  examina- 
tion or  trial  necessary,  shall  indorse  on  the  subpena  an  order  for  the 
attendance  of  the  witness. 

Kerr,  Pen.  C.,  1330. 

The  sheriff  is  not  authorized  to  serve  a  other  county,  except  it  is  within  the  same 
subpena  upon  witnesses  residing  in  any  judicial  district.  Washoe  Co.  v.  Humboldt 

Co.,  14  Nev.  124,  132. 

7360.  Suhpena  for  interpreter— Oath  of. 

SEC.  510.  The  court  or  magistrate  may  cause  to  be  issued  a  subpena 
requiring  any  competent  person  to  appear  before  the  court  at  or  during 
a  trial  or  proceeding  and  act  as  interpreter.  Such  interpreter  must  be 
sworn  to  the  effect  that  he  will  well  and  truly,  to  the  best  of  his  ability,  dis- 
charge the  duties  of  interpreter,  under  the  direction  of  the  court.  The  man- 
ner of  compelling  compliance  on  the  part  of  the  interpreter  shall  be  the 
same  as  that  provided  in  the  case  of  witnesses. 

7361.  Disobedience  of  subpena,  refusing:  to  be  sworn  or  to  answer. 

SEC.  511.  Disobedience  to  a  subpena,  or  a  refusal  to  be  sworn,  or  to 
answer  as  a  witness,  may  be  punished  by  the  court  or  magistrate  as  a  con- 
tempt. 

Kerr,  Pen.  C.,  1331. 

7362.  Forfeiture  of  bond  of  witness. 

SEC.  512.  Where  a  witness  has  entered  into  a  recognizance  to  appear, 
upon  his  failure  so  to  do,  his  recognizance  shall  be  forfeited,  in  the  same 
manner  as  recognizances  of  bail. 

Kerr,  Pen.  C.,  1332. 

7363.  When  witness  is  a  prisoner— Order. 

SEC.  513.  When  a  person  required  as  a  witness  before  a  district  court 
is  imprisoned,  the  judge  thereof  may  order  the  sheriff  to  bring  the  prisoner 
before  such  court  at  the  expense  of  the  state  or,  in  his  discretion,  at  the 
expense  of  the  defendant. 

See  sec.  7349. 

7364.  Disobedience  of  subpena,  penalty. 

SEC.  514.  A  witness  disobeying  a  subpena  issued  on  the  part  of  a  defend- 
ant, shall  also  forfeit  to  the  defendant  the  sum  of  $100,  which  may  be  recov- 
ered in  a  civil  action,  unless  good  cause  can  be  shown  for  his  nonattendance. 

Kerr,  Pen.  C.,  1331. 

CHAPTER  41 

EXAMINATION    OF   WITNESSES   ON   COMMISSION 

7365.  Examination  of  witnesses  for  defense       7376.  Idem — Court    may    modify    and    must 

—Method  prescribed.  indorse  questions. 

7366.  Application    for    examination    of    wit-       7377.  Instructions   as   to   return   of   commis- 

ness  sick  or  about  to  leave  state.  sion. 

r~367.  Commission  defined.  7378.  Commission,  how  executed — Copy  must 
^368.  Who  qualified  to  be  commissioner.  be  annexed — Return. 

""369.  Application  upon  affidavit,  contents.  7379.  Delivery  of  commission  and  return  by 
^370.  Application  made  at  any  time — Notice.  agent — Affidavit. 

'"371.  If  court  satisfied  must  issue  order.  7380.  Idem — Procedure  when  agent  dead  or 
^372.  If  commission  granted,  stay  of  trial  unable  to  deliver. 

may  be  granted.  7381.  Judge  must  file  commission  with  clerk. 

7373.  Idem — Defendant    to    serve    copy    of  7382.  Idem — When    returned   by   mail,    duty 

interrogatories  on  district  attorney         .  of  clerk. 

— Notice.  7383.  Commission  shall  be  open  to  inspection 

7374.  Cross    interrogatories    may    be    served  — Copies. 

by  district  attorney.  7384.  Depositions   may  be  read  in   evidence 

7375.  What    questions    may    be    included    in  by  either  party — Objections. 

interrogatories. 


2057  CRIMINAL  PRACTICE  Sec.  7872 

7365.  Examination  of  witnesses  for  defense—  Method  prescribed. 

SEC.  515.  When  a  defendant  has  been  held  to  answer  a  charge  for  a  pub- 
lic offense,  he  may,  either  before  or  after  indictment,  have  witnesses  exam- 
ined conditionally  on  his  behalf,  as  prescribed  in  this  chapter,  and  not 
otherwise. 

Kerr,  Pen.C.,  L335, 

7366.  Application  for  examination  of  witness  sick  or  about  to  leave  state. 
SEC.  516.     When  a  material  witness  for  the  defendant  is  about  to  leave 

the  state,  or  resides  out  of  the  state,  or  has  departed  from  the  state,  and 
his  or  her  place  of  abode  is  known,  or  is  so  sick  or  infirm  as  to  afford  rea- 
sonable grounds  for  apprehending  that  he  or  she  will  be  unable  to  attend 
the  trial,  the  defendant  may  apply  for  an  order  that  the  witness  be  exam- 
ined conditionally  on  a  commission. 
K<-rr.  Pen.  c..  mti,  1350. 


7367.  Commission  defined. 

SEC.  517.  A  commission  is  a  process  issued  under  the  seal  of  the  court 
and  the  signature  of  the  clerk,  directed  to  some  person  designated  as  com- 
missioner, authorizing  him  to  examine  the  witness  upon  oath,  on  interroga- 
tions annexed  thereto,  to  take  and  certify  the  deposition  of  the  witness,  and 
return  it  according  to  the  directions  given  in  the  commission. 

K.-rr.  Pen.C.,  1351. 

7368.  Who  qualified  to  be  commissioner. 

SEC.  518.  The  commissioner  shall  be  either  a  district  judge,  county 
clerk,  or  notary  public  of  the  district  or  state  in  which  the  commission  is 
issued. 

7369.  Application  upon  affidavit,  contents. 

SEC.  519.     The  application  must  be  made  upon  affidavit  showing: 

1.  The  nature  of  the  offense  charged; 

2.  The  state  of  the  proceedings  in  the  action  ; 

3.  The  name  of  the  witness,  and  that  his  or  her  testimony  is  material  to 
the  defense  of  the  action  ; 

4.  That  the  witness  is  about  to  leave  the  state,  or  resides  out  of  the  state, 
or  has  departed  from  the  state,  naming  his  or  her  place  of  abode,  or  is  so 
sick  or  infirm  as  to  afford  reasonable  grounds  for  apprehending  that  he  or 
she  will  not  be  able  to  attend  the  trial. 

Kerr,  Pen.  C.,1337,  135i>. 

See  district  court  rule  15,  p.  142.S. 

7370.  Application  made  at  any  time—  Notice. 

SEC.  520.  The  application  may  be  made  to  the  court  or  to  the  judge,  and 
must  be  upon  three  days'  notice  to  the  district  attorney. 

Kerr,  Pen.  C.,1338,  1353. 

737  f.    If  court  satisfied  must  issue  order. 

SEC.  521.  If  the  court  or  judge  to  whom  the  application  is  made  is  satis- 
fied of  the  truth  of  the  facts  stated,  and  that  the  examination  of  the  witness 
is  necessary  to  the  attainment  of  justice,  an  order  shall  be  made  that  a 
commission  be  issued  to  take  his  testimony. 

Kerr,  Pen.  C.,  1339,  1354. 

7372.    If  commission  granted,  stay  of  trial  may  be  granted. 

SEC.  522.  If  the  application  for  a  commission  is  granted,  the  court  or 
judge  may  insert  in  the  order  therefor  a  direction  that  the  trial  of  the 


Sec.  7373  CRIMINAL  PRACTICE  2058 

indictment  be  stayed  for  a  specified  time,  reasonably  sufficient  for  the  exe- 
cution and  return  of  the  commission. 

K err,  Pen.  C.,1329,  1354. 

7373.  Idem  — Defendant  to  serve  copy   of  interrogatories  on  district 

attorney— Notice. 

SEC.  523.  When  the  commission  is  ordered,  the  defendant  must  serve 
upon  the  district  attorney,  without  delay,  a  copy  of  the  interrogatories  to 
be  annexed  thereto,  with  two  days'  notice  of  the  time  at  which  they  will  be 
presented  to  the  court  or  judge. 

Kerr,  Pen.  C.,1355. 

7374.  Cross  interrogatories  may  be  served  by  district  attorney. 

SEC.  524.  The  district  attorney  may,  in  like  manner,  serve  upon  the 
defendant,  or  his  counsel,  cross  interrogatories,  to  be  annexed  to  the  com- 
mission with  like  notice. 

Kerr,  Pen.  C.,1355. 

7375.  What  questions  may  be  included  in  interrogatories. 

SEC.  525.  In  the  interrogatories,  either  party  may  insert  any  question 
pertinent  to  the  issue. 

Kerr,  Pen.  C.,1355. 

7376.  Idem— Court  may  modify  and  must  indorse  questions. 

SEC.  526.  When  the  interrogatories  and  cross  interrogatories  are  pre- 
sented to  the  court  or  judge,  according  to  the  notice  given,  the  court  or 
judge  shall  modify  the  questions  so  as  to  conform  them  to  the  rules  of  evi- 
dence, and  shall  endorse  upon  them  his  allowance,  and  annex  them  to  the 
commission. 

Kerr,  Pen.  C.,1355. 

7377.  Instructions  as  to  return  of  commission. 

SEC.  527.  Unless  the  parties  otherwise  consent  by  an  indorsement  on 
the  commission,  the  court  or  judge  shall  indorse  thereon  a  direction  as  to 
the  manner  in  which  it  shall  be  returned,  and  may,  in  his  discretion,  direct 
that  it  be  returned  by  mail,  or  otherwise,  addressed  to  the  clerk  of  the 
court  in  which  the  action  is  pending. 

Kerr,  Pen.  C.,  1356. 

7378.  Commission,  how  executed— Copy  must  be  annexed— Return. 

SEC.  528.  The  commissioner,  unless  otherwise  specially  directed,  may 
execute  the  commission  as  follows : 

1.  He  shall  publicly  administer  an  oath  to  the  witness  that  his  answers 
given  to  the  interrogatories  shall  be  the  truth,  the  whole  truth,  and  nothing 
but  the  truth; 

2.  He  shall  cause  the  examination  of  the  witness  to  be  reduced  to  writing 
and  subscribed  by  him ; 

3.  He  shall  write  the  answers  of  the  witness  as  near  as  possible  in  the 
language  he  gives  them,  and  shall  read  to  him  each  answer  as  it  is  taken 
down,  and  correct  or  add  to  it  until  it  is  made  conformable  to  what  he 
declares  is  the  truth ; 

4.  If  the  witness  decline  answering  a  question,  that  fact,  with  the  reason 
for  which  he  declines  answering  it,  as  he  gives  it,  must  be  stated ; 

5.  If  any  papers  or  documents  are  produced  before  him,  and  proved  by 
the  witness,  the  same  or  copies  thereof  shall  be  annexed  to  his  deposition 
and  be  subscribed  by  the  witness,  and  certified  by  the  commissioner ; 

6.  The  commissioner  shall  subscribe  his  name  to  each  sheet  of  the  deposi- 
tion, and  annex  the  deposition  with  the  papers  and  documents  proved  by 


2059  CRIMINAL  PRACTICE  See.  7384 

the  witness,  or  copies  thereof,  to  the  commission,  and  must  close  it  up 
under  seal,  and  address  the  same  as  directed  on  the  commission  ; 

7.  If  there  be  a  direction  on  the  commission  to  return  it  by  mail,  the 
commissioner  shall  immediately  deposit  it  in  the  nearest  postpffice.  If  any 
other  direction  be  made  by  the  written  consent  of  the  parties,  or  by  the 
court  or  judge  on  the  commission  as  to  its  return,  he  must  comply  with  the 
direction.  A  copy  of  this  section  must  be  annexed  to  the  commission. 
.  IVn.  C., 


7879.     Delivery  of  commission  and  return  by  a<rent—  Affidavit. 

SEC.  529.  If  the  commission  and  return  be  delivered  by  the  commis- 
sioner to  an  agent,  he  must  deliver  the  same  to  the  clerk  to  whom  it  is 
directed,  or  to  the  judge  of  the  court  in  which  the  action  is  pending,  by 
whom  it  may  be  received  and  opened,  upon  the  agent  making  affidavit  that 
he  received  it  from  the  hand  of  the  commissioner,  and  that  it  has  not  been 
opened  or  altered  since  he  received  it. 

Kcrr.  IVn.  (' 


7380.  [dem—  Procedure  \vlien  ayent  dead  or  unable  to  deliver. 

SEC.  530.  If  the  agent  be  dead,  or  from  sickness  or  other  casualty 
unable  personally  to  deliver  the  commission  and  return  as  prescribed  in 
the  last  section,  it  may  be  received  by  the  clerk  or  judge  from  any  other 
person,  upon  his  making  an  affidavit  that  he  received  it  from  the  agent; 
that  the  agent  is  dead,  or  from  sickness  or  other  casualty  unable  to  deliver 
it;  that  it  has  not  been  opened  or  altered  since  the  person  making  the 
affidavit  received  it  ;  and  that  he  believes  it  hag  not  been  opened  or  altered 
since  it  came  from  the  hand  of  the  commissioner. 

K.-rr.  Pen.C.,  i:J.v.i. 

7381.  .lnd<re  must  file  commission  \vitli  clerk. 

SEC.  531.  The  clerk  or  judge  receiving  and  opening  the  commission  and 
return  must  immediately  file  it  with  the  affidavit  mentioned  in  the  last  two 
preceding  sections,  in  the  office  of  the  clerk  of  the  court  in  which  the  action 
is  pending. 

Kerr,  Pen.C.,  l.'M). 

7382.  Idem—  When  returned  by  mail,  duty  of  clerk. 

SEC.  532.  If  the  commission  and  return  be  transmitted  by  mail,  the 
clerk  to  whom  it  is  addressed  must  receive  it  from  the  postoffice,  and  open 
and  file  it  in  his  office,  where  it  shall  remain,  unless  the  court  or  judge 
otherwise  direct. 

Kerr,  Pen.C.,  l.'M). 

See  district  court  rule  Hi,  p.  1428. 

7383.  Commission  shall  be  open  to  inspection—  Copies. 

SEC.  533.  The  commission  and  return  shall  be  at  all  times  opened  to  the 
inspection  of  the  parties,  who  shall  be  furnished  by  the  clerk  with  copies 
of  the  same,  or  of  such  part  thereof  as  they  may  require,  on  the  payment 
of  his  fees. 

Kerr,  Pen.  C.,  1361. 

7384.  Depositions  may  be  read  in  evidence  by  either  party—  Objections. 

SEC.  534.  The  depositions  taken  under  the  commission  may  be  read  in 
evidence  by  defendant  on  the  trial,  upon  it  being  shown  that  the  witness  is 
unable  to  attend  from  any  cause  whatever,  and  the  same  objections  may  be 
taken  to  any  questions  in  the  interrogatories,  or  to  any  answer  in  the 
deposition,  as  if  the  witness  had  been  examined  orally  in  court. 

Kerr,  Pen.  C.,  1345,  1362. 


Sec.  7885  CRIMINAL  PRACTICE  2060 

CHAPTER  42 
INQUIRY  INTO  SANITY  OF  DEFENDANT 

7385.  No   person    can    be   tried    or   punished       7390.  Procedure  on  finding  of  insanity. 

while  insane.  7391.  Commitment  exonerates  bail. 

7386.  Inquiry  into  sanity  of  accused  or  con-       7392.  Detention   until   sanity  restored — Sub- 

victed  person — Procedure.  sequent  proceedings. 

7387.  Trial    or    judgment    to    be    suspended       7393.  Expenses    of    examination    of    insane, 

until  sanity  determined.  how  paid. 

7388.  Order  of  trial  for  insanity.  7394.  Clerk   to   certify   costs   to   state   or   to 
7-°.89.  Procedure   on   finding  defendant   sane.  county. 

7385.  No  person  can  be  tried  or  punished  while  insane. 

SEC.  535.  An  act  done  by  a  person  in  a  state  of  insanity  cannot  be  pun- 
ished as  a  public  offense,  nor  can  a  person  be  tried,  adjudged  to  punish- 
ment, or  punished,  for  a  public  offense,  while  he  is  insane. 

Kerr,  Pen.  C.,1367. 

7386.  Inquiry  into  sanity  of  accused  or  convicted  person— Procedure. 
SEC.  536.     When  an  indictment  is  called  for  trial,  or  upon  conviction  the 

defendant  is  brought  up  for  judgment,  if  a  doubt  shall  arise  as  to  the 
sanity  of  the  defendant,  the  court  shall  order  the  question  to  be  submitted 
to  a  jury  that  must  be  drawn  and  selected  as  in  other  cases. 

Kerr,  Pen.  0.,  1368. 

See  sees.  7217,  7252. 

7387.  Trial  or  judgment  to  be  suspended  until  sanity  determined. 

SEC.  537.  The  trial  of  the  indictment,  or  the  pronouncing  of  the  judg- 
ment, as  the  case  may  be,  shall  be  suspended  until  the  question  of  insanity 
shall  be  determined  by  the  verdict  of  the  jury. 

Kerr,  Pen.  C.,1368. 

7388.  Order  of  trial  for  insanity. 

SEC.  538.  The  trial  of  the  question  of  insanity  shall  proceed  in  the  fol- 
lowing order: 

1.  The  counsel  for  the  defendant  shall  open  the  case  and  offer  evidence 
in  support  of  the  allegation  of  insanity ; 

2.  The  counsel  for  the  state  shall  open  their  case  and  offer  evidence  in 
support  thereof; 

3.  The  parties  may  then  respectively  offer  rebutting  testimony  only, 
unless  the  court,  for  good  reason  in  furtherance  of  justice,  permit  them  to 
offer  evidence  upon  their  original  cause ; 

4.  When  the  evidence  is  concluded,  unless  the  case  is  submitted  to  the 
jury,  on  either  or  both  sides,  without  argument,  the  counsel  for  the  state 
must  commence,  and  the  defendant,  or  his  counsel,  may  conclude  the  argu- 
ment to  the  jury; 

5.  If  the  indictment  be  for  an  offense  punishable  with  death,  two  counsel 
on  each  side  may  argue  the  cause  to  the  jury,  in  which  case  they  must  do 
so  alternately.     In  other  cases  the  argument  may  be  restricted  to  one 
counsel  on  each  side ; 

6.  The  court  shall  then  charge  the  jury,  stating  to  them  all  matters  of 
law  necessary  for  their  information  in  rendering  a  verdict. 

Kerr,  Pen.  C.,1369. 

7389.  Procedure  on  finding  defendant  sane. 

SEC.  539.  If  the  jury  find  that  the  defendant  is  sane,  the  trial  of  the 
indictment  shall  proceed,  or  judgment  may  be  pronounced,  as  the  case 
may  be. 

Kerr,  Pen.  C.,  1370. 

7390.  Procedure  on  finding  of  insanity. 

SEC.  540.     If  the  jury  find  the  defendant  insane,  the  judge  shall  order 


2061  CRIMINAL  PRACTICE  Sec,  7895 

the  sheriff  to  forthwith  convey  him,  together  with  a  copy  of  the  complaint, 
the  commitment,  and  the  physicians'  certificate,  if  any,  to  the  hospital  for 
mental  diseases;  provided,  the  court  deems  his  freedom  a  menace  to  public 
quietude.  Proceedings  against  the  defendant  must  be  suspended  until  he 
becomes  sane. 

Kerr,  Pen.  C.,  1370:   rtnli.  -^7. 

7891.  romniitment  exonerates  bail. 

SEC.  541.  The  commitment  of  the  defendant,  as  mentioned  in  the  last 
section,  shall  exonerate  any  bail  he  may  have  given,  or  shall  entitle  any 
person  authorized  to  receive  the  property  of  the  defendant  to  a  return  of 
any  money  he  may  have  deposited  instead  of  bail. 

Kerr,  Pen.  C.,  1:571. 

7892.  Detention  until  sanity  restored— Subsequent  proceedings. 

SEC.  542.  If  the  defendant  be  received  into  the  state  hospital  for  mental 
diseases  he  must  be  detained  there  until  he  becomes  sane.  When  he 
becomes  sane,  notice  must  be  given  to  the  sheriff  and  district  attorney  of 
the  county  of  that  fact.  The  sheriff  shall  thereupon,  without  delay,  take 
the  defendant  and  place  him  in  proper  custody,  until  he  be  brought  to  trial 
or  judgment,  as  the  case  may  be,  or  be  otherwise  legally  discharged. 

Kerr,  Pen.  ('..  1372. 

7898.     Kxpenses  of  examination  of  insane,  how  paid. 

SEC.  543.  The  expenses  of  the  examination  and  of  the  sending  of  such 
persons,  save  convicts  in  the  state  prison,  to  and  from  the  hospital  for 
mental  diseases,  shall  be  in  the  first  instance  chargeable  to  the  county  from 
which  they  shall  have  been  sent.  But  the  county  may  recover  them  from 
the  estates  of  any  such  persons,  or  from  a  relative  legally  bound  to  care 
for  them,  or  from  the  county  of  which  such  persons  may  be  resident. 
Expenses  of  the  examination  and  of  the  sending  of  any  insane  convict  to 
and  from  the  hospital  for  mental  diseases  must  be  borne  by  the  state,  if  he 
is  impecunious. 

Kerr,  PCD.  C.,  1:57:5;    I'tah,  -W,0. 
See  sees.  ±>os,  ±>0!».  7589. 

7894.  Clerk  to  certify  costs  to  state  or  to  county. 

SEC.  544.  The  clerk  of  the  district  court  before  which  an  examination 
shall  have  been  conducted  shall  certify  the  costs  to  the  state  controller,  who 
is  hereby  authorized  to  issue  his  warrants  therefor,  or  to  the  board  of 
county  commissioners,  as  the  case  may  be. 

Kerr,  Pen.  €.,.">< Mil. 

CHAPTER  43 
DISMISSAL    OF    ACTION 

7.'!!>.1.  Court  may  order  dismissal  of  prosecu-       7398.  Dismissal  discharges  defendant. 

tion,  when.  ".'!!>!>.   Dismissal   on    motion    of   court   or   dis- 

7396.  Defendant  must  be  tried  at  next  ses-"  trict  attorney. 

sion  after  indictment,  or  dismissed.       7400.  Attorney-general    and    district    attor- 

7397.  Idem — Action  continued  from  term  to  ney    not     to     abandon     prosecution 

term — Discharge.  except  as  provided. 

7401.  Dismissal  a  bar  except  in  felony  cases. 

7895.  Court  may  order  dismissal  of  prosecution,  when. 

SEC.  545.  When  a  person  has  been  held  to  answer  for  a  public  offense, 
if  an  indictment  be  not  found  against  him  at  the  next  session  of  the  court 
at  which  he  is  held  to  answer,  and  at  which  a  meeting  of  the  grand  jury  is 
held,  the  court  shall  order  the  prosecution  to  be  dismissed,  unless  good 
cause  to  the  contrary  be  shown. 

Kerr,  Pen.  C.,  1382. 

130 


Sec.  7396 


CRIMINAL  PRACTICE 


2062 


The  object  of  this  section  in  providing 
that  a  person  held  to  answer  shall  be  indicted 
at  the  next  term  of  the  court,  is  to  protect 
the  citizen  from  imprisonment  upon  insuffi- 
cient cause;  but  such  provision  has  no  bear- 
in  'j.  upon  the  validity  of  an  indictment  found 
at  a  subsequent  term.  State  v.  Lambert.  9 
Nev.  322,  324. 

Where  petitioner  has  been  held  to  answer 
before  the  grand  jury  for  the  crime  of  mur- 
der, the  grand  jury  had  met  and  ignored  the 
charge,  and  the  court,  upon  sufficient  cause 
shown,  ordered  that  he  be  held  to  appear 
before  the  next  grand  jury;  it  was  held  that 
petitioner-  was  not  entitled  to  his  discharge 
under  the  provisions  of  this  or  section  547  of 
this  act  upon  a  writ  of  habeas  corpus.  Ex 
Parte  Isbell,  11  Nev.  295,  297. 

Where  it  appears  that  the  court  adjudi- 
cated upon  the  facts,  the  presumption  arises 
that  the  facts  were  of  such  a  character  as 
to  warrant  the  court  in  the  exercise  of  its 
sound  legal  discretion  to  make  the  order. 
Idem. 


It  being  recited  in  the  record  that  the 
order  resubmitting  the  case  to  the  next 
grand  jury,  was  made  because  "sufficient 
cause"  was  shown,  the  presumption  is,  in 
the  absence  of  any  showing  to  the  contrary, 
that  the  court  did  not  act  arbitrarily  in  the 
premises.  Idem. 

The  district  court  sustained  a  demurrer 
to  an  indictment  for  felony  against  peti- 
tioner, and,  being  of  opinion  that  the  objec- 
tion could  be  avoided  in  a  new  indictment, 
ordered  the  case  submitted  "to  the  same  or 
another  grand  jury."  The  grand  jury  then 
in  session  and  a'  second  and  third  grand  jury 
failed  to  indict  petitioner.  A  fourth  grand 
jury  found  an  indictment.  It  was  held  that 
the  failure  of  the  respective  grand  juries 
to  find  an  indictment  was  not  a  bar  to  fur- 
ther prosecution.  .Ex  Parte  Job,  17  Nev. 
184,  187  (30  P.  699). 

It  was  held  that  the  order  resubmitting 
the  case  "to  the  same  or  another  grand  jury," 
was  not  void  for  uncertainty.  Idem. 


7396.    Defendant  must  be  tried  at  next  session  after  indictment  or  dis- 
missed. 

SEC.  546.  If  a  defendant  indicted  for  a  public  offense,  whose  trial  has 
not  been  postponed  upon  his  application,  is  not  brought  to  trial  at  the  next 
session  of  the  court  at  which  the  indictment  is  triable,  after  the  same  is 
found,  the  court  shall  order  the  indictment  to  be  dismissed,  unless  good 
cause  to  the  contrary  be  shown. 

Kerr,  Pen.  C.,1382. 

If  the  prosecution  makes  all  reasonable 
efforts  to  impanel  a  jury  at  the  first  term  at 
which  the  cas'e  is  triable,  but  without  suc- 
cess, and  it  does  not  appear  that  a  jury  could 
not  be  had  at  the  next  term,  there  is  a  good 
cause  for  a  continuance  on  its  motion  for 
the  term.  Ex  Parte  Stanley,  4  Nev.  113, 116: 

The  fact  that  a  disastrous  fire  had  occurred 
destroying  the  courthouse  and  so  much  of 
the  city  of  Virginia  as  to  render  it  impossi- 


ble for  the  court  to  find  a  suitable  room  in 
which  to  meet,  was  sufficient  to  authorize 
the  court  to  continue  the  trial  of  causes 
for  the  term.  Ex  Parte  Larkin,  11  Nev.  91, 
95. 

Courts     usually     require,     and     ordinarily 


should  require,  a  showing  to  be  made  by 
affidavits,  in  order  to  continue  causes  for 
the  term,  when  such  continuance  is  objected 
to  by  either  party;  but  when  a  condition  of 
affairs  exists  that  is  notorious,  and  about 
which,  from  its  very  nature,  there  could  be 
no  conflict,  the  court  is  authorized  of  its 
own  motion,  to  continue  the  causes  for  the 
term  (Ex  Parte  Stanley,  4  Nev.  116,  affirmed). 
Idem. 

This  section  is  intended  to  prevent  arbi- 
trary, wilful  or  oppressive  delays;  and  when- 
ever this  appears  to  be  the  case,  the  pris- 
oner is  entitled  to  be  discharged.  Idem. 

Cited,  Ex  Parte  Maxwell,  11  Nev.  433. 

See  Ex  Parte  Isbell,  under  sec.  545  of  this 
act. 

7397.  Idem— Action  continued  from  term  to  term— Discharge. 

SEC.  547.  If  the  defendant  is  not  indicted  or  tried,  as  provided  in  the 
last  two  preceding  sections,  and  sufficient  reason  therefor  be  shown,  the 
court  may  order  the  action  to  be  continued  from  time  to  time,  and  in 
the  meantime  may  discharge  the  defendant  from  custody,  on  his  own  recog- 
nizance, or  on  the  recognizance  of  bail,  for  his  appearance  to  answer  the 
charge  at  the  time  to  which  the  action  is  continued. 

Kerr,  Pen.  C.,  1383. 

Cited,  Ex  Parte  Maxwell,  11  Nev.  433,  441, 

See  Ex  Parte  Isbell,  under  sec.  545  of  this  act. 

7398.  Dismissal  discharges  defendant. 

SEC.  548.  If  the  court  directs  the  action  to  be  dismissed,  the  defendant 
shall,  if  in  custody,  be  discharged  therefrom,  or  if  admitted  to  bail,  his  bail 


2063  CRIMINAL  PRACTICE  Sec.  7404 

shall  be  exonerated,  or  money  deposited  instead  of  bail  shall  be  refunded 
to  him. 

Krrr,  Pen.  C.,1384. 

7899.     Dismissal  on  motion  of  court  or  district  attorney. 

SEC.  549.  The  court  may,  either  of  its  own  motion  or  upon  the  applica- 
tion of  the  district  attorney,  and  in  furtherance  of  justice,  order  any  action 
after  indictment  to  be  dismissed ;  but  in  such  case  the  reasons  of  the  dis- 
missal shall  be  set  forth  in  the  order,  which  must  be  entered  on  the  minutes. 

Kerr,  Pen.  C.,  1385. 

7400.  Attorney-general  and  district  attorney  not  to  abandon  prosecution 

except  as  provided. 

SEC.  550.  Neither  the  attorney-general  nor  the  district  attorney  shall 
hereafter  discontinue  or  abandon  a  prosecution  for  a  public  offense,  except 
as  provided  in  the  last  preceding  section. 

Krrr,  Pen.  C.,  I::M',. 

7401.  Dismissal  a  bar  except  in  felony  cases. 

SEC.  551.    An  order  for  the  dismissal  of  the  action,  as  provided  in  this 
chapter,  shall  be  a  bar  to  another  prosecution  for  the  same  offense,  if  it  be' 
a  misdemeanor,  but  it  shall  not  be  a  bar  if  the  offense  charged  be  a  felony. 

Kerr,  Pen.  (\,  i:Js7. 

Kx  I'nrte  .Inh.  under  sec.  ."VJ.~>  of  this  act. 

CHAPTER  44 

PROCEEDINGS  AGAINST  CORPORATIONS 

rii'i'.  Complaint        against       corporation  —  7  M>7.  Idem — Certificate   of   discharge,   or   of 

Requisites  of  summons.  probable  cause. 

74n;;.   Idem — Form  of  summons.  7408.  Idem — Prosecution  by  indictment. 

7H>4.  Idem — Service   of   summons.  7  MM*.  Idem — Summons  —  Same      proceedings 

74ii."i.  Proceedings    against    corporation    for  as  against  a  person. 

misdemeanor.  74 in.    Kxe<-ution      against     corporation      for 

7406.  Preliminary    examination    of    corpora-  fine, 
tion. 

7402.  Complaint  against  corporation— Requisites  of  summons. 

SEC.  552.  Upon  a  complaint  against  a  corporation,  the  magistrate  must 
issue  a  summons,  signed  by  him,  with  his  name  of  office,  requiring  the  cor- 
poration to  appear  before  him  at  a  specified  time  and  place  to  answer  the 
charge,  the  time  to  be  not  less  than  ten  days  after  the  issuing  of  the 
summons. 

Kerr,  Pen.  C.,  1390;  Utah,  5071. 

7408.    Idem— Form  of  summons. 

SEC.  553.     The  summons  must  be  substantially  in  the  following  form : 

State  of  Nevada,  County  of , 

The  State  of  Nevada  to  the  (naming  corporation)  : 

You  are  hereby  summoned  to  appear  before  me  at  (naming  the  place)  on 
(specifying  the  day  and  hour),  to  answer  a  charge  made  against  you  upon 
the  complaint  of  A.  B.  for  (designating  the  offense  generally). 

Dated  at this day  of ,  19 

G.  H.,  Justice  of  the  Peace  (or  as  the  case  may  be). 

Kerr,  Pen.  C.,  1391;  Utah,  5072. 

7404.    Idem— Service  of  summons. 

SEC.  554.  The  summons  must  be  served  at  least  five  days  before  the 
day  of  appearance  fixed  therein,  by  delivering  a  copy  thereof  and  showing 
the  original  to  the  president  or  other  head  of  the  corporation,  or  to  the 


Sec.  7405  CRIMINAL  PRACTICE  2064 

secretary,  cashier,  managing  agent  thereof,  or  agent  designated  by  such 
corporation  upon  whom  process  may  be  served,  if  there  be  any  such  officer 
or  agent  in  the  state,  otherwise,  service  may  be  made  upon  the  secretary 
of  state. 

Kerr,  Pen.  C.,  1392. 

7405.  Proceeding's  against  corporation  for  misdemeanor. 

SEC.  555.  If  the  offense  charged  against  a  corporation  be  one  within 
the  jurisdiction  of  a  justice  of  the  peace,  the  complaint  must  be  laid  before 
and  the  summons  issued  by  such  justice  of  the  peace,  and  the  trial  shall 
proceed  against  the  defendant  corporation  to  judgment,  as  in  cases  against 
an  individual. 

7406.  Preliminary  examination  of  corporation. 

SEC.  556.  If  the  offense  charged  against  the  corporation  is  not  within 
the  jurisdiction  of  a  justice  of  the  peace  to  try,  the  magistrate  at  the  time 
appointed  in  the  summons,  must  proceed  to  investigate  the  charge  in  the 
same  manner  as  in  the  case  of  a  natural  person,  so  far  as  those  proceedings 
are  applicable. 

Kerr,  Pen.  C.,  1393. 

7407.  Idem— Certificate  of  discharge,  or  of  probable  cause. 

SEC.  557.  After  hearing  the  evidence,  the  magistrate  must  indorse  upon 
the  complaint  either  that  there  is  or  is  not  sufficient  cause  to  believe  the 
corporation  guilty  of  the  offense  charged,  and  must  forward  the  complaint 
and  other  documents,  if  any,  to  the  clerk  of  the  court  to  which  the  defend- 
ant is  required  to  appear. 

Kerr,  Pen.  C.,  1394;  Utah,  5075. 

7408.  Idem— Prosecution  by  indictment. 

SEC.  558.  If  the  magistrate's  return  shows  that  there  is  sufficient  cause 
to  believe  the  corporation  guilty  of  the  offense  charged,  the  district  attor- 
ney and  grand  jury  must  proceed  thereon  as  in  the  case  of  a  natural 
person  held  to  answer. 

Utah,  5076. 

7409.  Idem— Summons— Same  proceeding's  as  against  a  person. 

SEC.  559.  Whenever  an  indictment  is  found  against  a  corporation,  it 
must  be  summoned  to  appear  as  provided  in  the  civil  practice  act,  or  as 
provided  in  this  chapter  for  the  service  of  a  summons.  The  corporation 
may  appear  by  counsel  If  it  does  not  appear,  a  plea  of  not  guilty  must  be 
entered.  In  either  case,  proceedings  thereupon  must  be  had  as  if  the 
defendant  were  a  natural  person. 

Kerr,  Pen.  C.,  1396;  Utah,  5077. 

7410.  Execution  against  corporation  for  fine. 

SEC.  560.  Whenever  a  fine  and  costs,  or  either,  shall  be  imposed  upon  a 
corporation  on  conviction,  judgment  therefor  may  be  executed  by  the 
sheriff  or  constable  out  of  the  real  and  personal  property  of  such  corpora- 
tion in  the  same  manner  as  a  judgment  in  a  civil  action. 

Kerr,  Pen.  C.,  1397;  Utah, 5078. 

CHAPTER  45 
COMPROMISING  PUBLIC  OFFENSES 

7411.  What  misdemeanors  may  be  compromised. 

SEC.  561.  When  a  defendant  is  held  to  answer  on  a  charge  of  a  misde- 
meanor, for  which  the  person  injured  by  the  act  constituting  the  offense 
has  a  remedy  by  a  civil  action,  the  offense  may  be  compromised  as  provided 
in  the  next  section,  except  when  it  was  committed : 


2065  CRIMINAL  PRACTICE  Sec.  7416 

1.  By  or  upon  an  officer  of  justice,  while  in  the  execution  of  the  duties  of 
his  office; 

2.  Riotously; 

3.  With  intent  to  commit  a  felony. 

Kerr,  Pen.  C.,  1377. 

7412.    Idem— By  permission  of  the  court— Bar. 

SEC.  562.  If  the  party  injured  appears  before  the  court  to  which  the 
depositions  are  required  to  be  returned,  at  any  time  before  trial,  and 
acknowledges  in  writing  that  he  has  received  satisfaction  for  the  injury, 
the  court  may,  in  its  discretion,  on  payment  of  the  costs  incurred,  order  all 
proceedings  to  be  stayed  upon  the  prosecution,  and  the  defendant  to  be  dis- 
charged therefrom;  but,  in  such  case,  the  reasons  for  the  order  must  be 
set  forth  therein,  and  entered  on  the  minutes.  The  order  shall  be  a  bar  to 
another  prosecution  for  the  same  offense. 

Ki>rr,  Pen.  C.,1378. 

7418.    Xo  offense  to  be  compromised  except  as  herein  provided. 

SEC.  563.  No  public  offense  shall  be  compromised,  nor  shall  any  pro- 
ceeding for  the  prosecution  or  punishment  thereof,  upon  a  compromise,  be 
stayed,  except  as  provided  in  this  act. 

Kerr,  Pen.  C.,  l.'!7<t. 

CHAPTER  46 

ENTITLING  AFFIDAVITS 

7414.  Affidavit  defectively  entitled— Valid, when. 

SEC.  564.  It  shall  not  be  necessary  to  entitle  an  affidavit  or  deposition 
in  the  action,  whether  taken  before  or  after  indictment,  or  upon  an  appeal ; 
but  if  made  without  a  title,  or  with  an  erroneous  title,  it  shall  be  as  valid 
and  effectual  for  every  purpose  as  if  it  were  duly  entitled,  if  it  intelligibly 
refer  to  the  proceeding,  indictment,  or  appeal  in  which  it  is  made. 

Krrr,  Pen.  C.,  1401. 
See  sec.  74W. 

CHAPTER  47 

SEARCH    WARRANTS — SEARCH    OF   PERSONS   CHARGED   WITH    FELONY 

741.").   Search   warrant  defined.  742.~>.   Search    warrant  to   be   served   in   day- 

741<>.  Idem — Grounds  for  issuance.  time  —  Proviso. 

7417.  Idem — Issue  only  on  probable  cause —  71i_'<>.  Time     within     which     execution     and 

Affidavit.  return  must  be  made. 

7  M  "<.  Examination  of  complainant  and  wit-  74i'7.  Officer  to  receipt  for  property  taken. 

nesses — Depositions.  742S.   Disposal  of  property  taken. 

7411).  Idem — What  depositions  to  contain.  7429.  Officer's  return  of  warrant  and  inven- 

7420.  Warrant  to  issue  if  magistrate  satis-  tory. 

fied — Contents.  74oO.   Who  may  obtain  copy  of  inventory. 

7421.  Form  of  search  warrant.  7431.  If    grounds    disputed,    testimony    must 
7  !i'i!.   Warrant  may  be  served  by  officer  men-  be  taken  and  reduced  to  writing. 

tioned  therein.  7432.  When  property  taken  shall  be  restored. 

7-J-2.'!.  Officer  may  break  door  to  serve  war-  7433.  Return  of  paper  to  court,  or  trial  by 

rant.  magistrate. 

7424.  May  break  door  or  wirfdow  to  liberate  7434.  Person    charged    with    felony   may    be 

self  or  assistant.  searched. 

7415.  Search  warrant  defined. 

SEC.  565.  A  search  warrant  is  an  order  in  writing  in  the  name  of  the 
State  of  Nevada,  signed  by  a  magistrate,  directed  to  a  peace  officer,  com- 
manding him  to  search  for  personal  property,  or  implements  used,  or  evi- 
dences of  crime,  and  bring  it  before  the  magistrate. 

Kerr,  Pen.  C.,1523. 

7416.  Idem— Grounds  for  issuance. 

SEC.  566.     It  may  be  issued  upon  any  of  the  following  grounds : 

1.  When  the  property  was  stolen  or  embezzled;    in  which  case  it  may 


See.  7417  CRIMINAL  PRACTICE  2066 

be  taken  on  the  warrant  from  any  place  in  which  it  is  concealed,  or  from 
any  person  in  whose  possession  it  may  be ; 

2.  When  it  was  used  as  the  means  of  committing  a  felony ;  in  which  case 
it  may  be  taken  on  the  warrant  from  the  place  in  which  it  is  concealed,  or 
from  a,ny  person  in  whose  possession  it  may  be ; 

3.  When  it  is  in  the  possession  of  any  person  with  the  intent  to  use  it  as 
the  means  of  committing  a  public  offense,  or  in  the  possession  of  another 
to  whom  he  may  have  delivered  it  for  the  purpose  of  concealing  it  or  pre- 
venting its  being  discovered;   in  which  case  it  may  be  taken  on  the  war- 
rant from  such  person,  or  from  any  place  occupied  by  him  or  under  his 
control,  or  from  the  possession  of  the  person  to  whom  he  may  have  so 
delivered  it. 

Search  and  seizure  are  not  to  take  place  without  oath  and  probable  cause,  U.  S.  Const.. 
sec.  174;  State  Const.,  sec.  247. 

7417.  Idem— Issue  only  on  probable  cause— Affidavit. 

SEC.  567.  No  search  warrant  shall  be  issued  but  upon  probable  cause, 
supported  by  affidavit  naming  or  describing  the  person,  and  particularly 
describing  the  property  and  place  to  be  searched. 

Kerr,  Pen.  C.,1525. 

7418.  Examination  of  complainant  and  witnesses— Depositions. 

SEC.  568.  The  magistrate  must  before  issuing  the  warrant  examine  on 
oath  the  complainant,  and  any  witnesses  he  may  produce,  and  take  their 
depositions  in  writing,  and  cause  them  to  be  subscribed  by  the  parties 
making  them. 

Kerr,  Pen.  C.,  152(5. 

7419.  Idem— What  depositions  to  contain. 

SEC.  569.  The  depositions  must  set  forth  the  facts  tending  to  establish 
the  grounds  of  the  application,  or  probable  cause  for  believing  that  they 
exist. 

Kerr,  Pen.  C.,1527. 

7420.  Warrant  to  issue  if  magistrate  satisfied— Contents. 

SEC.  570.  If  the  magistrate  be  satisfied  of  the  existence  of  the  grounds 
of  the  application,  or  that  there  is  probable  cause  to  believe  their  existence, 
he  shall  issue  a  search  warrant,  signed  by  him  with  his  name  of  office,  to 
a  peace  officer  in  his  county,  commanding  him  forthwith  to  search  the  per- 
son or  place  named  for  the  property  specified,  and  to  bring  it  before  the 
magistrate. 

Kerr,  Pen.  C.,  1528. 

7421.  Form  of  search  warrant. 

SEC.  571.     The  warrant  shall  be  in  substantially  the  following  form : 

State  of  Nevada,  County  of The  State  of  Nevada,  to  any 

sheriff,  constable,  marshal,  policeman,  or  other  peace  officer  in  the  county 

of Proof  by  affidavit  having  been  this  day  made  before  me  by 

(naming  every  person  whose  affidavit  has  been  taken)  that  (stating  the 
grounds  of  the  application,  or  if  the  affidavit  be  not  positive  that  there  is 
probable  cause  for  believing  that,  stating  the  ground  of  the  application  in 
the  same  manner)  ;  you  are  thereupon  commanded  in  the  daytime  (or  at 
any  time  of  the  day  or  night,  as  the  case  may  be),  to  make  immediate 
search  on  the  person  of  C.  D.  (or  in  the  house  situated ,  describ- 
ing it,  or  any  other  place  to  be  searched,  with  reasonable  particularity,  as 
the  case  may  be) ,  for  the  following  property  (describing  it  with  reasonable 
particularity),  and  if  you  find  the  same,  or  any  part  thereof,  to  bring  it 
forthwith  before  me  at  (stating  the  place).  Given  under  my  hand,  and 


2067  CRIMINAL  PRACTICE  Sec.  7429 

dated  this day  of...  ....,  A.  D.  19 E.  F.,  Justice  of  the  Peace 

(or  as  the  case  may  be) . 

Kerr,  Pen.  C.,15i><). 

7422.  Warrant  may  be  served  by  officer  mentioned  therein. 

SEC.  572.  A  search  warrant  may,  in  all  cases,  be  served  by  any  of  the 
officers  mentioned  in  its  direction,  but  by  no  other  person  except  in  aid 
of  the  officer,  on  his  requiring  it,  he  being  present  and  acting  in  its 
execution. 

Kerr,  Pen.  C.,  1580. 

7423.  Officer  may  break  door  to  serve  warrant. 

SEC.  573.  The  officer  may  break  open  any  outer  or  inner  door  or  window 
of  a  house,  or  any  part  of  the  house,  or  anything  therein,  to  execute  the 
warrant,  if,  after  notice  of  his  authority  and  purpose,  he  be  refused 

admittance. 

/ 

Kerr,  Pen.  ('.,  15:»1. 

7424.  May  break  door  or  window  to  liberate  self  or  assistant. 

SEC.  574.  He  may  break  open  any  outer  or  inner  door  or  window  of  a 
house  for  the  purpose  of  liberating  a  person  who,  having  entered  to  aid 
him  in  the  execution  of  his  warrant,  is  detained  therein,  or  when  necessary 
for  his  own  liberation. 

K<-rr.  I'.-n.  ('.,  153'_>. 

7125.    Sraivli  \\arrant  to  In*  served  in  daytime— Proviso. 

SEC.  575.  The  magistrate  must  insert  a  direction  in  the  warrant  that  it 
be  served  in  the  daytime,  unless  the  affidavits  be  positive  that  the  property 
is  on  the  person  or  in  the  place  to  be  searched,  in  which  case  he  may  insert 
a  direction  that  it  be  served  at  any  time  of  the  day  or  night. 

Krrr.  Pen.C.,  L533. 

742T>.    Time  within  which  execution  and  return  must  be  made. 

SEC.  576.  A  search  warrant  must  be  executed  and  returned  to  the 
magistrate  who  issued  it  within  five  days  after  its  date,  and  if  in  any  other 
county,  within  thirty  days;  after  the  expiration  of  these  times,  respect- 
ively, the  warrant  shall,  unless  executed,  be  void. 

Kerr,  Pen.  ('.,  1534. 

7427.  Officer  to  receipt  for  property  taken. 

SEC.  577.  When  the  officer  shall  have  taken  any  property  under  the 
warrant,  he  must  give  a  receipt  for  the  property  taken,  specifying  it  in 
detail,  to  the  person  from  whom  it  was  taken  by  him,  or  in  whose  posses- 
sion it  was  found ;  or,  in  the  absence  of  any  person,  he  shall  leave  it  in  the 
place  where  he  found  the  property. 

Kerr,  Pen.  C.,1535. 

7428.  Disposal  of  property  taken. 

SEC.  578.  When  the  property  is  delivered  to  the  magistrate,  he  shall,  if 
it  was  stolen  or  embezzled,  dispose  of  it  as  provided  in  sections  595  to  600, 
both  inclusive. 

Kerr,  Pen.C.,  1536. 

7429.  Officer's  return  of  warrant  and  inventory. 

SEC.  579.  The  officer  shall  forthwith  return  the  warrant  to  the  magis- 
trate, and  at  the  same  time  deliver  to  him  a  written  inventory  of  the 
property  taken,  made  publicly  or  in  the  presence  of  the  person  from  whose 
possession  it  was  taken,  and  of  the  applicant  for  the  warrant,  if  they  are 
present,  verified  by  the  affidavit  of  the  officer  at  the  foot  of  the  inventory, 


Sec.  7430  CRIMINAL  PRACTICE  2068 

and  taken  before  the  magistrate  at  the  time  to  the  following  effect:  "I, 
R.  S.,  the  officer  by  whom  the  annexed  warrant  was  executed,  do  swear 
that  the  above  inventory  contains  a  true  and  detailed  account  of  all  the 
property  taken  by  me  on  the  warrant." 

Kerr,  Pen.  C.,1537. 

7430.  Who  may  obtain  copy  of  inventory. 

SEC.  580.  The  magistrate  shall  thereupon,  if  required,  deliver  a  copy 
of  the  inventory  to  the  person  from  whose  possession  the  property  was 
taken,  and  to  the  applicant  for  the  warrant. 

Kerr,  Pen.  C.,1538. 

743 1.  If  grounds  disputed,  testimony  must  be  taken  and  reduced  to  writing. 
SEC.  581.    If  the  grounds  on  which  the  warrant  was  issued  are  contro- 
verted, he  must  proceed  to  take  testimony  in  relation  thereto,  and  the  testi- 
mony given  by  each  witness  must  be  reduced  to  writing,  and  certified  by 
the  magistrate. 

Kerr,  Pen.  C.,1539. 

7432.  When  property  taken  shall  be  restored. 

SEC.  582.  If  it  appears  that  the  property  taken  is  not  the  same  as  that 
described  in  the  warrant,  or  that  there  is  no  probable  cause  for  believing 
the  existence  of  the  grounds  on  which  the  warrant  was  issued,  the  magis- 
trate shall  cause  it  to  be  restored  to  the  person  from  whom  it  was  taken. 

Kerr,  Pen.  C.,1542. 

7433.  Return  of  paper  to  court,  or  trial  by  magistrate. 

SEC.  583.  The  magistrate  shall  annex  together  the  depositions,  the 
search  warrant  and  return,  and  the  inventory,  and  return  -them  to  the 
court  having  power  to  inquire  into  the  offenses  in  respect  to  which 
the  search  warrant  was  issued,  unless  he  has  jurisdiction  of  the  offense,  in 
which  case  he  must  retain  them  and  proceed  to  try  the  accused. 

Kerr,  Pen.  C.,  1541. 

7434.  Person  charged  with  felony  may  be  searched. 

SEC.  584.  When  a  person  charged  with  a  felony  is  supposed  to  have 
on  his  person  a  dangerous  weapon,  or  anything  which  may  be  used  as  evi- 
dence of  the  commission  of  the  offense,  the  officer  making  the  arrest  shall 
cause  him  to  be  searched,  and  the  weapon  or  other  thing  to  be  retained, 
subject  to  the  order  of  the  court  in  which  the  defendant  may  be  tried. 

Kerr,  Pen.  C.,1542. 

CHAPTER  48 
FUGITIVES  FROM   JUSTICE 

7435.  Governor  to   deliver  fugitive  —  Seere-       7440.  Notice  to  district  attorney. 

tary  of  state  to  annex  seal  without  7441.  Duty  of  district  attorney. 

charge.  7442.  Discharge     of    accused    for     lack     of 

7436.  Magistrate  may  issue  warrant.  prosecution. 

7437.  Proceedings    for    arrest    and    commit-  7443.  Return    of    magistrate — Procedure    in 

ment  of  fugitive.  district  court. 

743S.  Commitment     of     accused  to     await       7444.  Board    of    commissioners    to    provide 

requisition — Bail.  expense  of  returning  prisoner — Pro- 

7439.  Admitted  to  bail,  when.  viso. 

7435.    Governor  to  deliver  fugitive— Secretary  of  state  to  annex  seal 

without  charge. 

SEC.  585.  A  person  charged,  in  any  state  or  territory  of  the  United 
States,  with  treason,  felony,  or  other  crime,  who  shall  flee  from  justice  and 
be  found  in  this  state,  shall,  on  demand  of  the  executive  authority  of  the 
state  or  territory  from  which  he  fled,  be  delivered  up  by  the  governor  of 
this  state  to  be  removed  to  the  state  or  territory  having  jurisdiction  of  the 


2069  CRIMINAL  PRACTICE  Sec.  7441 

crime.  The  secretary  of  state  shall,  without  charge,  annex  the  seal  of  this 
state  to  all  papers,  on  which  it  is  required,  necessary  for  the  extradition 
of  such  fugitive. 

Kerr,  Pen.  C.,  154S. 

Fees  of  secretary  of  state,  sec.  42<>0. 

To  hold  a  fugitive  from  justice  to  await  3.  That    he    lias    lied    from    justice,   and   is 

the    requisition    of    a    governor    of    another  within    this    state.      Kx    .Parte    Lorraine,    16 

state,  it  must  affirmatively  appear  from  the  Nev.   <>;>.  <!4. 

complaint  filed  before  the  committing  magis-  To  hold  a   fugitive  from  justice  upon  the 

trate  in  this  state:  ground    that    the    money    taken    by    him    in 

1.  That    a    crime    has    been    committed    in  committing  a   robbery  was  brought  into  this 
the  other  state.  state,    there    must   be   a   complaint    charging 

2.  That  the  accused   has  been   charged  in  him    with    this    offense    substantially    in    the 
that     state    with     the    commission     of    such  language  of  the  statute.     Idem. 


Magistrate  may  issue  warrant. 
SEC.  586.    A  magistrate  may  issue  a  warrant  for  the  apprehension  of  a 
person  so  charged,  who  shall  flee  from  justice  and  be  found  in  this  state. 

Kerr,  Pen.  C.,  1549. 

7487.  Proceedings  for  arrest  and  commitment  of  fugitive. 

SEC.  587.  The  proceedings  for  the  arrest  and  commitment  of  the  per- 
son charged  shall  be  in  all  respects  similar  to  those  provided  in  this  act 
for  the  arrest  and  commitment  of  a  person  charged  with  a  public  offense 
committed  within  this  state,  except  that  an  exemplified  copy  of  an  indict- 
ment found  or  other  judicial  proceeding  had  against  him  in  the  state  or 
territory  in  v/hich  he  is  charged  to  have  committed  the  offense,  may  be 
received  as  evidence  before  the  magistrate. 

Kerr,  IVn.  C.,  1-V>(). 

7488.  Commitment  of  accused  to  await  requisition—  Bail. 

SEC.  588.  If,  from  the  examination,  it  appears  that  the  person  charged 
has  committed  treason,  felony,  or  other  crime  charged,  the  magistrate,  by 
warrant  reciting  the  accusation,  shall  commit  him  to  the  proper  custody 
within  his  county,  for  a  time  to  be  specified  in  the  warrant,  which  the 
magistrate  may  deem  reasonable,  to  enable  the  arrest  of  the  fugitive 
under  the  warrant  of  the  executive  of  this  state,  on  the  requisition  of  the 
executive  authority  of  the  state  or  territory  in  which  he  committed  the 
offense,  unless  he  give  bail  as  provided  in  the  next  section  or  until  he  be 
legally  discharged. 

7439.  Admitted  to  bail,  when. 

SEC.  589.  The  magistrate  may  admit  the  person  arrested  to  bail  by 
undertaking  with  sufficient  sureties,  and  in  such  sums  as  he  may  deem 
proper,  for  his  appearance  before  him  at  a  time  specified  in  the  undertaking, 
and  for  his  surrender  to  be  arrested  upon  the  warrant  of  the  governor  of 
this  state. 

Kerr,  Pen.  C.,1552. 

7440.  Notice  to  district  attorney. 

SEC.  590.  Immediately  upon  the  arrest  of  the  person  charged,  the  magis- 
trate shall  give  notice  to  the  district  attorney  of  the  district  of  the  name 
of  the  person  and  the  cause  of  the  arrest. 

Kerr,  Pen.  C.,  1553. 

7441.  Duty  of  district  attorney. 

SEC.  591.  The  district  attorney  shall  immediately  thereafter  give  notice 
to  the  executive  authority  of  the  state  or  territory,  or  to  the  prosecuting 
attorney,  or  presiding  judge  of  the  criminal  court  of  the  city  or  county, 
within  the  state  or  territory  having  jurisdiction  of  the  offense,  to  the  end 


See.  7442  CRIMINAL  PRACTICE  2070 

that  a  demand  may  be  made  for  the  arrest  and  surrender  of  the  person 
charged. 

Kerr,  Pen.  C.,1554. 

7442.  Discharge  of  accused  for  lack  of  prosecution. 

SEC.  592.  The  person  arrested  shall  be  discharged  from  custody  or  bail, 
unless  before  the  expiration  of  the  time  designated  in  the  warrant  or 
undertaking,  he  is  arrested  under  the  warrant  of  the  governor  of  this 
state. 

Kerr,  Pen.  C.,1555. 

7443.  Return  of  magistrate— Procedure  in  district  court, 

SEC.  593.  The  magistrate  must  make  return  of  his  proceedings  to  the 
district  court  of  the  county,  which  must  thereupon  inquire  into  the  cause 
of  the  arrest  and  detention  of  the  person  charged,  and  if  he  is  in  custody, 
or  the  time  of  his  arrest  has  not  elapsed,  the  court  may  discharge  him  from 
detention,  or  may  order  his  undertaking  of  bail  to  be  canceled,  or  may 
continue  his  detention  for  a  longer  time,  or  may  readmit  him  to  bail, 
to  appear  and  surrender  himself  within  a  time  to  be  specified  in  the 
recognizance. 

Kerr,  Pen.  C.,  1556. 

7444.  Hoard  of  commissioners  to  provide  expense  of  returning  prisoner- 

Proviso. 

SEC.  594.  Whenever  any  fugitive  from  justice  shall  be  returned  to  this 
state  under  interstate  or  international  extradition,  and  shall  be  delivered 
to  the  sheriff  of  the  county  in  which  the  fugitive  is  charged  with  having 
committed  a  crime  against  the  laws  of  this  state,  of  the  grade  of  felony,  the 
board  of  county  commissioners  of  every  such  county  is  authorized  to  pro- 
vide for  the  payment  by  the  county  of  such  reasonable  sum  of  money  to 
defray  the  necessary  expenses  of  the  extradition  and  delivery  aforesaid  as 
the  board  may  deem  just  and  reasonable;  provided,  that  a  majority  of  the 
members  of  the  board  of  county  commissioners  shall  have  consented,  by 
order  of  the  board  entered  on  its  minutes,  to  the  extradition  of  the  fugitive 
before  extradition  proceedings  are  instituted,  and  not  otherwise. 

CHAPTER  49 

DISPOSAL    OF    PROPERTY    STOLEN    OR   EMBEZZLED 

7445.  Held  subject  to  disposal  of  magistrate.       7448.  Court  may  order  return  of  property  to 

7446.  Property  delivered  to  owner — Order —  owner. 

Costs.  7449.  Sale  of  unclaimed  property. 

7447.  Idem — Stolen   property  returned.  7450.  Property  taken  from  person  arrested — 

Duplicate  receipts. 

7445.    Held  subject  to  order  of  magistrate. 

SEC.  595.  When  property,  alleged  to  have  been  stolen  or  embezzled, 
shall  come  into  the  custody  of  a  peace  officer,  he  shall  hold  the  same  subject 
to  the  order  of  the  magistrate  authorized  by  the  next  section  to  direct  the 
disposal  thereof. 

Kerr,  Pen.  C.,  1407. 

A  motion  by  the  accused  for  order  direct-  denied,  as  such  money  could  be  recovered 
ing  the  sheriff  to  pay  over  to  him  money  by  civil  action,  and  if  the  money  was  taken 
unlawfully  detained,  as  shown  by  an  affida-  from  him  at  the  time  of  his  arrest,  this  sec- 
vit  in  support  of  such  motion,  was  properly  tion  provides  for  its  disposition.  State  v. 

Burns,  27  Nev.  289,  292  (74  P. 


7446.    Property  delivered  to  owner— Order— Costs. 

SEC.  596.  On  satisfactory  proof  of  the  title  of  the  owner  of  the  prop- 
erty, the  magistrate  to  whom  the  information  is  laid,  or  who  shall  examine 
the  charge  against  the  person  accused  of  stealing  or  embezzling  the  prop- 


2071  CRIMINAL  PRACTICE  Sec.  7451 

erty,  may  order  it  to  be  delivered  to  the  owner,  on  his  paying  the  reason- 
able and  necessary  expenses  incurred  in  its  preservation,  to  be  certified  by 
the  magistrate.  The  order  shall  entitle  the  owner  to  demand  and  receive 
the  property. 

Kerr,  Pen.  C.,14()S. 

7447.  Idem— Stolen  property  returned. 

SEC.  597.  If  the  property  stolen  or  embezzled  come  into  the  custody  of 
the  magistrate,  it  shall  be  delivered  to  the  owner  on  satisfactory  proof  of 
his  title,  and  on  his  paying  the  necessary  expenses  incurred  in  its  preserva- 
tion, to  be  certified  by  the  magistrate. 

Kerr,  Pen.  C.,  1409. 
See  sees.  «;i )•")(),  (i(ir>l. 

7448.  Court  may  order  return  of  property  to  owner. 

SEC.  598.  If  the  property  stolen  or  embezzled  has  not  been  delivered  to 

the  owner,  the  court  before  which  a  conviction  is  had  for  stealing  or 

embezzling  it  may,  on  proof  of  his  title,  order  it  to  be  restored  to  the 
owner. 

Kerr,  Pen.  C1.,  1410. 

7441).    Sale  of  unclaimed  property. 

SEC.  599.  If  property  stolen  or  embezzled  be  not  claimed  by  the  owner 
before  the  expiration  of  six  months  from  the  conviction  of  a  person  for 
stealing  or  embezzling  it,  the  magistrate  or  other  officer  having  it  in  cus- 
tody shall,  on  payment  of  the  necessary  expenses  incurred  for  its  preserva- 
tion, deliver  it  to  the  county  treasurer,  by  whom  it  must  be  sold  and  the 
proceeds  paid  into  the  county  treasury. 

Kerr.  Pen.  C.,  1411. 

7450.  Property  taken  from  person  arrested— Duplicate  receipts. 

SEC.  600.  When  money  or  other  property  is  taken  from  a  defendant 
arrested  upon  a  charge  of  a  public  offense,  the  officer  taking  it  shall  at  the 
time  give  duplicate  receipts  therefor,  specifying  particularly  the  amount  of 
money  and  the  kind  of  property  taken;  one  of  which  receipts  he  shall 
deliver  to  the  defendant,  and  the  other  of  which  he  shall  forthwith  file  with 
the  clerk  of  the  court  to  which  the  deposition  and  statements  must  be  sent. 

Kerr,  Pen.  C.,  1412. 

See  State  v.  Burns,  under  sec.  595  of  this  act. 

CHAPTER  50 

WITNESSES 

7451.  Witnesses,    competency    of — Privilege       7455.  Eeported  testimony  used  on  subsequent 

of  codefendant.  trial,  when. 

7452.  Witnesses,  husband  and  wife.  7456.  Defendant's  failure  to   testify  not  to 

7453.  Witnesses,  affirmation  sufficient.  prejudice    him  —  Cross-examination 

7454.  Eules    of    evidence    same    as    in  civil                       of  defendant. 

cases,  exception. 

7451.    Witnesses,  competency  of—Privilege  of  codefendant. 

SEC.  601.  The  rules  for  determining  the  competency  of  witnesses  in 
civil  actions  are  applicable  also  to  criminal  actions  and  proceedings,  except 
as  otherwise  provided  for  in  this  act.  The  party  or  parties  injured  shall  in 
all  cases  be  competent  witnesses ;  the  credibility  of  all  such  witnesses  shall 
be  left  to  the  jury,  as  in  other  cases.  In  all  cases  when  two  or  more  per- 
sons are  jointly  or  otherwise  concerned  in  the  commission  of  any  crime  or 
misdemeanor,  either  of  such  persons  may  be  sworn  as  a  witness  against 
another,  in  relation  to  such  crime  or  misdemeanor,  but  the  testimony  given 
by  such  witness  shall  in  no  instance  be  used  against  himself  in  any  criminal 
prosecution  except  upon  a  charge  of  perjury  committed  in  the  giving  of 


Sec.  7452  CRIMINAL  PRACTICE  2072 

such  testimony ;  and  any  person  may  be  compelled  to  testify,  as  provided 
in  this  section. 

Regarding  testimony  of  accomplice,  see  sec.  7180. 

Cited,  State  v.  Depo'ister,  21  Nev.  123  (25  uncorroborated  testimony  of  such  accom- 
P-  1000).  plice.  State  v.  Douglas,'  26  Nev.  196,  204 

An  accomplice  is  not  incompetent  to  give       (99  A.  S.  688,  65  P.  802). 

testimony,  but  the  weight  thereof  is  for  the  Permitting  the  defendant,  who  was  a  wit- 

jury  under  proper  instructions  subject  to  ness  in  his  own  behalf,  to  be  asked  in  regard 
the  restriction  of  sec.  330  of  this  act,  pro-  to  his1  conviction  for  felony,  was  held  not 
vided  the  conviction  cannot  be  had  on  the  prejudicial  error.  State  v.  Roberts,  28  Nev. 

351,  379  (82  P.  100). 

7452.  Witnesses,  husband  and  wife. 

SEC.  602.  Except  with  the  consent  of  both,  or  in  cases  of  criminal  vio- 
lence upon  one  by  the  other,  neither  husband  nor  wife  is  a  competent  wit- 
ness for  or  against  the  other  in  a  criminal  action  or  proceeding  to  which 
one  or  both  are  parties. 

Where,  in  a  prosecution  for  crime,  it  been  married  to  him,  and  was  during  all  the 
appeared  that  a  woman  who  was  called  as  time  the  wife  of  another,  she  was  not 
a  witness  against  defendant  had  lived  with  incompetent  to  testify  on  the  grounds  that 
him  for  a  number  of  years,  but  had  never  she  was  defendant's  common-law  wife.  State 

v.  Hancock,  28  Nev.  300  (82  P.  95). 

7453.  Witnesses,  affirmation  sufficient. 

SEC.  603.  The  solemn  affirmation  of  witnesses  shall  be  deemed  suf- 
ficient. A  false  or  corrupt  affirmation  shall  subject  the  witness  to  all  the 
penalties  and  punishments  provided  for  those  who  commit  wilful  and  cor- 
rupt perjury.  The  term  oath,  when  used  in  this  act,  shall  be  deemed  to 
include  an  affirmation. 

.  Comprehension  of  nature  of  an  oath.     State  v.  Burns,  27  Nev.  289  (74  P.  983). 

7454.  Rules  of  evidence  same  as  in  civil  cases,  exception. 

SEC.  604.  The  rules  of  evidence  in  civil  actions  shall  be  applicable  also 
to  criminal  actions,  except  as  otherwise  provided  in  this  act. 

Instruction     on     circumstantial     evidence.  A  defendant  cannot  be  prejudiced  by  the 

State  v.  Mandich,  24  Nev.  336  (54  P.  5io).  admission  of  his  confession  which  he  volun- 

If  the   circumstances,   all  taken   together,  tarily    acknowledges    under     oath     is    true, 

exclude  to  amoral  certainty  every  hypothesis  Idem. 

but  the  single  one  of  guilt,  and"  established  If  it  cannot  be  easily  shown  that  a  con- 
that  one  beyond  a  reasonable  doubt,  they  are  versation  sought  to  be  proved  was  voluntary, 
sufficient.  Idem.  without  leading  the  jury  to  surmise  that  a 
The  fact  that  portions  of  the  voluntary  confession  has  been  made,  they  ought  to  be 
confession  made  by  an  accused  out  of  court  excused  until  the  court  can  hear  the  evi- 
were  not  understood  by  the  person  to  whom  deuce  and  determine  whether  the  confession 
they  were  made,  because  made  in  a  language  ought  to  be  submitted  to  them.  Idem. 
with  which  he  was  unacquainted,  renders  It  is  discretionary  to  allow  leading  ques- 
the  entire  confession  inadmissible.  State  tions  on  the  direct  examination  when  the 
v.  Buster,  23  Nev.  346  (47  P.  194) ;  State  v.  witness  is  unable  to  understand  otherwise. 
Simas,  25  Nev.  434  (62  P.  242).  State  v.  Williams,  31  Nev.  360  (102  P.  974). 
Confession,  when  admissible.  Idem.  Time  is  provable  by  the  opinion  of  a  wit- 
That  one  is  imbued  with  fear,  occasioned  ness  testifying  from  his  recollection.  Idem, 
by  his  arrest  for  crime,  and  a  knowledge  Knowledge  of  custom  may  be  shown  by 
of  his  guilt  thereof,  does  not  alone  make  his  one  who  has  gained  his  knowledge  in  the 
confession  inadmissible.  State  v.  Johnny,  course  of  trade  and  through  the  statements 
29  Nev.  204  (87  P.  3).  of  others  engaged  in  the  same  business. 

State  v.  Hughes,  31  Nev.  270  (102  P.  562). 

7455.  Reported  testimony  used  on  subsequent  trial,  when. 

SEC.  605.  Whenever,  in  any  court  of  record,  the  testimony  of  any  wit- 
ness in  any  criminal  case  shall  be  stenographically  reported  by  an  official 
court  stenographer,  and  thereafter  such  witness  shall  die,  or  be  beyond 
the  jurisdiction  of  the  court  in  which  the  cause  is  pending,  either  party 
to  the  record  may  read  in  evidence  the  testimony  of  said  witness,  when 
duly  certified  by  the  stenographer  to  be  correct,  or  otherwise  so  proved, 
in  any  subsequent  trial  of  or  proceeding  had  in  the  same  cause,  subject 


2073  CRIMINAL  PRACTICE  Sec.  7458 

only  to  the  same  objection  that  might  be  made  if  said  witness  were  upon 
the  stand  and  testifying  in  open  court. 

745fi.    Defendant's  failure  or  refusal  to  testify  not  to  prejudice  him— 
Cross-examination  of  defendant. 

SEC.  606.  If  a  defendant  offers  himself  as  a  witness,  he  may  be  cross- 
examined  by  the  counsel  for  the  state  the  same  as  any  other  witness. 
His  neglect  or  refusal  to  be  a  witness  shall  not  in  any  manner  prejudice 
him,  nor  be  used  against  him  on  the  trial  or  proceeding. 

An  accused  person  cannot  be  compelled  to  be  a  witness  against  himself,  U.  S.  Const.,  sec. 
17-"):  State  Const.,  sec.  237. 

See  State  v.  Ah  Chuey,  14  Nev.  7<>  (:«  A.  II.  r>30) . 

CHAPTER  51 
GENERAL  PROVISIONS 

74.">7.    Words  and  terms  defined.  74(>.~>.    1-Yes  allowed    recovered  as  costs. 

7458.  When  mark  sutlicient  as  signature.  74<><>.    Removal     of     criminal     action     before 

"459.  Transfer  of  prisoners.  trial — Costs. 

74(5<i.    Process  to  be  executed  according  to  its       7!ii7.    Idem — Clerk   to  certify  account  to  tho 

terms.  auditor. 

74<il.    Magistrate  defined.  TH'.s.   Superseding    of    criminal     statute     no 

74f'l!.    I'eace  ollicers  defined.  har   to    crime   committed  unless   pro- 

74<i::.    Fines  to   he  paid  into  state  treasury —  vided   in  act. 

<'osts  to  be  separate.  71<>!>.    No    judgment    to    be   set   aside   except 

Costs  collect. -d  as  ii,  civil  eate&  for   material  error. 

7457.  Wonls  and  terms  dctinnl. 

SEC.  607.  Words  used  in  this  act  in  the  present  tense  include  the  future 
as  well  as  the  present;  words  used  in  the  masculine  gender  include  the 
feminine  and  neuter;  the  singular  number  includes  the  plural,  and  the 
plural  the  singular;  the  word  "person"  includes  a  company,  partnership, 
association  or  corporation  as  well  as  a  natural  person;  writing  includes 
printing  and  typewriting;  and  every  mode  of  oral  statement,  under  oath 
or  affirmation,  is  embraced  by  the  term  "testify,"  and  every  written  one 
in  the  term  "depose";  signature  or  subscription  includes  mark,  when  the 
person  cannot  write,  his  name  being  written  near  it  by  a  person  who 
writes  his  own  name  as  a  witness.  The  word  "property"  includes  both 
real  and  personal  property.  The  words  "real  property"  are  coextensive 
with  lands,  tenements  and  hereditaments.  The  words  "personal  property" 
include  money,  goods,  chattels,  things  in  action,  and  evidences  of  debt. 
The  word  "month"  means  a  calendar  month  unless  otherwise  expressed. 
The  word  "state,"  when  applied  to  the  different  parts  of  the  United  States, 
includes  the  District  of  Columbia  and  the  territories;  and  the  words 
"United  States"  may  include  the  District  of  Columbia  and  territories  or 
insular  possessions.  The  word  "section"  whenever  hereinafter  employed, 
refers  to  a  section  of  this  act,  unless  some  other  act  or  statute  is  expressly 
mentioned. 

7458.  Wlien  mark  sufficient  as  signature. 

SEC.  608.  When  a  signature  of  a  person  is  required  by  this  act,  the  mark 
of  a  person,  if  he  cannot  write,  shall  be  deemed  sufficient,  the  name  of  the 
person  making  the  mark  being  written  near  it,  and  the  mark  being  wit- 
nessed by  a  person  who  writes  his  own  name  as  a  witness. 

Kerr,  Pen.  C.,  7. 

See  sec.  3913. 

Concerning  signature  to  complaint  by  scribed  and  sworn  to  in  his  presence.  State 

mark.  State  v.  Depoister,  21  Nev.  107.  v.  Depoister,  21  Nev.  107  (25  P.  1000). 

It  is  not  necessary  that  a  signature  to  a  The  use  of  the  word  "signature"  instead 

criminal  complaint,  executed  by  the  com-  of  "mark"  by  the  magistrate,  and  the  mis- 

plainant's  mark,  should  be  attested  by  a  placing  of  the  words  "witness  to  the  above 

subscribing  witness,  when  the  magistrate  signature"  by  the  magistrate  below  his  jurat 

certifies  upon  the  complaint  that  it  was  sub-  are  mere  informalities.  Idem. 


Sec.  7459  CRIMINAL  PRACTICE  2074 

7459.  Transfer  of  prisoners. 

SEC.  609.  When  it  is  necessary  for  any  purpose  to  have  a  person  who  is 
in  prison  in  any  part  of  the  state,  brought  before  a  court  of  criminal  juris- 
diction, an  order  for  that  purpose  may  be  made  by  the  court,  and  the  order 
shall  be  executed  by  the  sheriff  of  the  county  where  it  is  made. 

Kerr,  Pen.  C.,  13:i"». 

7460.  Process  to  be  executed  according-  to  its  terms. 

SEC.  610.  Process  issued  by  a  court  or  magistrate  shall  be  executed 
according  to  its  terms. 

Kerr,  Pen.  C.,  7. 

Process  must  issue  under  the  style  "The  State  of  Nevada,"  Const.,  sec.  328. 

7461.  Magistrate  defined. 

SEC.  611.  The  term  "magistrate,"  when  used  in  this  act,  signifies  any 
one  of  the  officers  mentioned  in  section  79. 

Kerr,  Pen.  C.,7. 

See  sec.  6929. 

7462.  Peace  officers  defined. 

SEC.  612.  The  term  "peace  officer,"  when  used  in  this  act,  signifies  any 
one  of  the  officers  mentioned  in  section  87. 

Kerr,  Pen.  C.,7. 
See  sec.  6937. 

7463.  Fines  to  be  paid  into  state  treasury— Costs  to  be  separate. 

SEC.  613.  The  full  amount  of  all  fines  imposed  and  collected  under  and 
for  violation  of  any  penal  law  of  this  state  shall  be  paid  into  the  state 
treasury,  and  costs  shall  in  no  case  be  deducted  from  the  fine  fixed  by  law 
or  imposed  by  the  court,  but  shall  be  taxed  against  the  defendant  in  addi- 
tion to  the  fine  and  separately  stated  on  the  docket  of  the  court. 

All  fines  are  pledged  to  educational  purposes  by  Const.,  sec.  355. 

Accused  was  convicted  and  fined,  with  the  have  his  full  rights  on  appeal,  and  the  money 

proviso  that  in  default  of  payment  he  should  returned  if  the  appeal  resulted  in  his  favor, 

be  imprisoned  at  the  rate  of  one  day  for  It  was  held  that  neither  the  clerk  nor  anyone 

each  two  dollars  thereof.  An  appeal  was  else  had  any  power  to  make  any  disposition 

taken,  and  the  stipulation  between  counsel  of  the  fine  other  than  that  provided  by 

for  accused  and  the  district  attorney  showed  statute,  and  the  arrangement  made  was  void, 

that  the  accused  paid  the  fine  under  protest;  and,  since  accused  was  at  liberty  without 

that  it  was  held  by  the  clerk  pending  the  bail,  the  judgment  for  the  fine  could  only  be 

outcome  of  the  appeal,  and  that  the  district  treated  as  paid.  State  v.  Pray,  30  Nev.  206, 

attorney  was  willing  to  permit  accused  to  219  (94  P.  218). 

7464.  Costs  collected  as  in  civil  cases. 

SEC.  614.  Judgment  for  costs  shall  be  entered  against  the  defendant,  to 
be  collected  as  judgments  in  civil  cases. 

Concerning  executions  in  district  courts,  see  sec.  5280,  et  seq.,  and  in  justice  courts,  sec. 
5788,  et  seq. 

7465.  Fees  allowed  recovered  as  costs. 

SEC.  615.  The  fees  allowed  to  justices  of  the  peace,  and  other  officers 
having  the  jurisdiction  and  authority  of  justices  of  the  peace,  clerks,  peace 
officers,  and  district  attorneys,  shall,  when  the  defendant  is  convicted,  be 
considered  and  recovered  against  him  as  costs  in  the  suit,  and  be  collected 
in  like  manner  as  costs  in  civil  cases. 

Under  former  act  it  was  held,  relator  rnent  for  costs  could  only  be  enforced  by 
could  be  imprisoned  for  the  fine,  the  judg-  execution.  State  ex  rel.  Quinn  v.  District 

Court,  16  Nev.  76,  77. 

7466.  Removal  of  criminal  action  before  trial— Costs. 

SEC.  616.  In  every  case  where  a  criminal  action  may  have  been  or  shall 
be  removed  before  trial,  the  cost  accruing  upon  such  removal  and  trial 


2075                                     CRIMINAL  PRACTICE                              Sec.  7469 

shall  be  a  charge  against  the  county  in  which  the  cause  of  indictment 
occurred. 

Where  a  criminal  case  is  transferred  from  Washoe  Co.  v.  Humboldt  Co.,  14  Nev.   123, 

niie  county  to  another,  the  former  is  liable  126,  ]35,  138. 

for   all   costs  and   expenses  incurred   in   the  A  county  from  which  the  cause  was  trans- 

trial  of  said  cause,  and  it  cannot  complain  of  f  erred  has  the  right  to  show  that  the  serv- 

aiiy   mere  irregularity  in  the  mode  of  pay-  ires  charged  for  were  never  rendered  or  that 

ing  the  expenses  in  the  first  instance,  by  the  the   fees   charged   are   unauthorized   by   the 

latter  county  (Beatty,  J.,  dissenting,  in  part).  statute.     Idem. 


Idem—  Clerk  to  certify  account  to  auditor. 
SEC.  617.     The  clerk  of  the  county  to  which  such  action  is  or  may  be 
removed,  shall  certify  the  amount  of  said  costs  to  the  auditor  of  the  county 
in  which  the  indictment  was  found,  which  shall  be  examined,  allowed  and 
paid  as  other  county  charges. 

\Vhere    the  'expenses    of    a    criminal    trial  as  unaudited  accounts  to  the  commissioners 

have    been    |imperly   audited   in   the   county  of    the   county    from    which    the    cause   was 

where  the  trial  was  had,  it  is  unnecessary  to  transferred  (Beatty,  J.,  dissenting).  Washoe 

have  the  same  claims  verified  and  presented  Co.  \.  Ilinnboldt  Co.,  14  Nev.  124,  138. 

7468.    Sii|MTs<Mlin«r  of  criminal  statute  no  bar  to  crime  committed  unless 

provided  in  act. 

SEC.  618.  The  superseding  of  any  law  creating  a  criminal  offense,  shall 
not  be  held  to  constitute  a  bar  to  the  indictment  and  punishment  of  a  crime 
already  committed,  or  to  bar  the  trial  and  punishment  of  a  crime  where 
an  indictment  has  been  already  found,  in  violation  of  the  law  so  super- 
seded, unless  the  intention  to  bar  such  indictment  and  punishment,  or  trial 
and  punishment  where  an  indictment  has  been  already  found,  is  expressly 
declared  in  the  superseding  act. 

7461).    No  judgment  to  he  set  aside  except  tor  material  error. 

SEC.  619.  No  judgment  shall  be  set  aside,  or  new  trial  granted,  in  any 
case  on  the  ground  of  misdirection  of  the  jury  or  the  improper  admission 
or  rejection  of  evidence,  or  for  error  as  to  any  matter  or  pleading  or  pro- 
cedure, unless  in  the  opinion  of  the  court  to  which  application  is  made,  after 
an  examination  of  the  entire  case,  it  shall  appear  that  the  error  complained 
of  has  resulted  in  a  miscarriage  of  justice,  or  has  actually  prejudiced  the 
defendant,  in  respect  to  a  substantial  right. 

See  sec.  7302. 

HISTORY:  This  section  contains  substantially  the  provisions  of  section  589  of  the  act  to 
regulate  proceedings  in  criminal  cases,  approved  November  26,  1861,  which  is  superseded  by 
the  present  act,  and  the  more  recent  recommendation  of  the  American  Bar  Association. 

See  sees.  7060,  729(5,  7302,  7414. 

The  filing  of  a  verdict  by  the  clerk  instead  which  was  apparently  conceded,  and  to  which 
of  recording  it  before  he  reads  it  to  the  jury  other  witnesses  testified,  was  harmless  to 
will  not  invalidate  it  when  it  is  not  claimed  accused.  Idem. 

that  the  defendant  was  injured  thereby  or  NO    error   in   criminal   proceedings   should 

that  the  verdict  was  not  the  one  upon  which  render  them  invalid,  unless  it  actually  preju- 
judgment  was  pronounced.  State  v.  Depois-  dices  accused  in  a  substantial  right.  Idem. 
T<M.  21  Nev.  108,  118  (25  P.  1000).  Errors  which  do  not  prejudice  the  accused 

(  'ited  and  explained,  State  v.  Smith,  34  are  not  ground  for  setting  aside  conviction. 
Nev.—  (117  P.  19).  State  v.  Williams,  28  Nev.  421;  State  v. 

Error    in    admitting    evidence    of    a    fact       Smith,  34  Nev.  —  (117  P.  19). 

CHAPTER  52 
JUSTICES'  COURTS 

7470.  Jurisdiction  extends  to  county  limits.          7477.  Plea   must   be   oral  —  Plea    of   guilty  — 

7471.  Requisites  of  complaint.  Higher  offense. 
472.  Idem  —  Further  requisites.                                7478.  When  trial  to  begin. 

7473.  Warrant  of  arrest  —  Form.  7479.  Postponement  of  trial  for  cause. 

174.  Justice  to  keep  docket,  entries.  7480.  Grounds  of  demurrer  to  complaint. 

7175.  Trial  —  Complaint  to  be  read  —  Plea.  7481.  Demurrer    sustained  —  New    complaint 

7476.  Name    of    defendant  —  Four    kinds  of  or  discharge. 

pleas. 


Sec.  7470 


CRIMINAL  PRACTICE 


2076 


7482.  Defendant  must  be  present  unless  bail 

given  or  district  attorney  consents. 

The  Trial 

7483.  Jury,  how  summoned. 

7484.  Challenge    to    jurors    same    as    misde- 

meanor—Trial by  court. 

7485.  Oath  of  jurors. 

7486.  Proofs  delivered  in  public. 

7487.  Questions    of    law    to    be    decided    by 

court,  fact  by  jury. 

7488.  Deliberation  of  jury— Oath  of  officer. 

7489.  Delivery  of  verdict— Entry  in  minutes. 

7490.  Form  of  verdict. 

7491.  Several  defendants,  verdict  as  to  less 

than   all — Judgment. 

7492.  Jury  not  to  be  discharged  until  verdict 

reached  or  court  orders. 

7493.  Idem — Case  retried. 

New  Trial  and  Arrest  of  Judgment 

7494.  Motion  must  be  made  before  judgment. 

7495.  Grounds  for  new  trial. 

7496.  Grounds  for  motion  in  arrest  of  judg- 

ment. 

7497.  Judgment  pronounced,  when. 

Judgment  and  Execution 

7498.  Time     for     pronouncing     judgment  - 

Postponement. 

7499.  Judgment  rendered  for  fine  or  impris- 

onment or  costs. 

7500.  Imprisonment   in   lieu  of  fine  may  be 

directed  in  judgment. 

7501.  Acquittal  —  Malicious      prosecution  — 

Prosecutor  to  pay  costs — Undertak- 
ing. 

7502.  Judgment  of  costs  against  prosecutor 

may  be  entered. 


7503.  Fine     without     imprisonment — Execu- 

tion. 

7504.  Verdict  to  be  entered  on  minutes. 

7505.  Judgment  of  acquittal  or  fine  given — 

Defendant  to  be  discharged,  when. 

7506.  Imprisonment  until  fine  paid — Defend- 

ant to  be  held. 

7507.  Judgment   of   imprisonment,  how  exe- 

cuted. 

7508.  Fines,  to  be  paid  into  county  treasury. 

7509.  Fines      before      commitment      to      be 

applied,  how. 

7510.  Forfeiture  of  deposit. 

7511.  Failure  to  appear,  procedure. 

Appeal 

7512.  Appeal  must  be  taken  within  ten  days. 

7513.  Appeal   to    district    court — Bail — Trial 

in  appellate  court. 

7514.  Justice  to  transmit  papers   on   appi.'ul 

and  copy  of  docket. 

7515.  Witness     may     be     required     to     give 

bonds,  or  be  conditionally  examined. 

7516.  Trial  anew  in  district  court — Dismissal 

of  appeal. 

7517.  Dismissal     of     complaint     on     appeal, 

grounds. 

7518.  Defendant  to  plead  anew,  procedure. 

Miscellaneous  Provisions 

7519.  Subpenas,  proceedings  governing. 

7520.  Bail,  provisions  governing. 

7521.  Contempt,  provisions  governing. 

7522.  Entitling  affidavits,  provisions  govern- 

ing. 

7523.  Competency    of    witnesses,    provisions 

governing. 

7524.  When  justice  may  depute  a  person  to 

act  as  constable. 


7470.    Jurisdiction  extends  to  county  limits. 

SEC.  620.    In  criminal  cases  the  jurisdiction  of  justices  of  the  peace 
extends  to  the  limits  of  their  respective  counties. 

Utah,  5124. 

Regarding  jurisdiction  of  justices  of  the  peace,  see  sec.  4851,  Const.,  sec.  323;  jurisdiction  in 
civil  cases,  sec.  5714;  extends  to  limits  of  the  county,  sec.  7470. 

Trials  before  justice  of  the  peace  for  misdemeanors,  sec.  7470,  et  seq. 

Duties  of  as  committing  magistrate,  sec.  6929,  et  seq. 

In  case  of  illness  or  absence  may  call  another,  sec.  4926. 

Ex  officio  registry  agent,  and  as  such  may  appoint  deputy,  sec.  1705. 

Violation  of  town  ordinances,  see  sec.  886. 

Proceedings  for  sale  of  personal  property  for  taxes,  sec.  3679. 

See  "Children,"  sees.  741,  742. 

Official  bond  and  oath,  sec.  4927. 

Regarding  prosecution  of  actions,  see  sec.  6854. 

The  act  of  1867,  124,  sec.  13,  was  cited  as       action  for  malicious  mischief  the  guilt  of  the 
follows:      An  action  for  malicious  mischief 
does   not    involve    any    question    of   title    or 
right  of  possession  to  real  estate.     State  v. 
Rising,  10  Nev.  97,  103,  104. 

In  an  action  for  trespass  the  plaintiff's 
right  to  compensation  depends  wholly  upon 
his  right  to  the  property  and  not  at  all  upon 
the  motives  of  the  defendant;  and  in  an 


defendant  depends  not  at  all  upon  his  right 
to  the  property,  as  against  one  in  adverse 
possession,  but  wholly  upon  his  motive. 
Idem. 

Justices  of  the  peace  have  jurisdiction 
to  try  an  action  for  malicious  injury  to 
real  estate  in  cases  where  the  defendant 
claims  an  adverse  title  to  the  property. 
Idem. 


7471.    Requisites  of  complaint. 

SEC.  621.  All  proceedings  and  actions  before  a  justice's  court,  for  a 
public  offense,  of  which  said  courts  have  jurisdiction,  shall  be  commenced 
by  complaint  setting  forth  the  offense  charged,  with  such  particulars  of 


2077  CRIMINAL  PRACTICE  Sec.  7476 

time,  place,  person,  and  property  as  to  enable  the  defendant  to  understand 
distinctly  the  character  of  the  offense  complained  of  and  to  answer  the 
complaint. 

Kerr,  Pen.  C.,  14i»<i. 

7472.  Idem— Further  requisites. 

SEC.  622.  When  a  complaint  is  laid  before  a  justice  of  the  peace,  or  a 
judge  of  any  inferior  tribunal  having  jurisdiction  of  criminal  offenses, 
that  an  offense  has  been  committed,  of  which  a  justice's  court  or  other 
inferior  tribunal  has  jurisdiction,  the  justice  or  judge  to  whom  the  com- 
plaint is  made  shall  cause  the  person  making  the  complaint,  or  some  one 
else,  to  file  with  him  a  statement  in  writing,  sworn  to  before  him,  or  some 
other  officer  authorized  by  law  to  administer  oaths,  setting  forth  the  offense 
charged,  with  such  particulars  as  to  time,  place,  person,  and  property  as 
to  enable  the  person  charged  to  understand  the  character  of  the  offense 
complained  of,  and  to  answer  the  complaint  or  charge.  The  statement 
may  be  similar  in  form  to  the  provisions  in  respect  to  an  indictment. 

Sufficiency  of  complaint  on  information  and  belief.  Kx  Partc  BnncH,  :_'.">  Ncv.  -JL'H  Mil' 
I'.  207). 

7473.  Warrant  of  arrest— Form. 

SEC.  623.  If  the  justice  of  the  peace  be  satisfied  therefrom  that  the 
offense  complained  of  has  been  committed,  he  must  issue  a  warrant  of 
arrest,  which  shall  be  substantially  in  the  following  form : 

State  of  Nevada,  county  of The  State  of  Nevada  to  any 

sheriff,  constable,  marshal,  policeman,  or  other  peace  officer  in  this  state: 
Complaint  upon  oath  having  been  this  day  made  before  me  (justice  of  the 
peace,  police  judge,  or  recorder,  as  the  case  may  be),  by  C.  D.,  that  the 
offense  of  (designating  it  generally)  has  been  committed,  and  accusing  E. 
F.  thereof,  you  are  therefore  commanded  forthwith  to  arrest  the  above- 
named  E.  F.,  and  bring  him  before  me  forthwith,  at  (naming  the  place). 

Witness  my  hand  and  seal,  at ...  ....,  this day  of ..  ..... 

A.  D.  19.....  A.  B. 

K.-rr.  IVn.  ('..  14-J7. 

7474.  Justice  to  keep  docket,  entnVs. 

SEC.  624.  A  docket  shall  be  kept  by  the  justice,  or  by  the  clerk  of  the 
court,  if  there  be  one,  in  which  he  shall  enter  each  action,  and  the  minutes 
of  the  proceedings  of  the  court  therein. 

Kerr,  Pen.  C.,  H2S. 

7475.  Trial— Complaint  to  be  read— Plea. 

SEC.  625.  Before  the  trial  commences,  the  complaint  must  be  distinctly 
read  to  the  defendant,  and  he  must  be  asked  if  he  is  designated  therein  by 
his  right  name,  and  be  required  to  plead. 

N.  D.,»i752;  Utah,  5128. 

7476.  Name  of  defendant— Four  kinds  of  pleas. 

SEC.  626.  If  the  defendant  objects  that  he  is  wrongly  named  in  the 
complaint  and  gives  his  right  name,  the  proceeding  shall  be  amended 
accordingly.  If  he  does  not  give  his  right  name,  he  is  thereafter  precluded 
from  making  any  objections  on  the  ground  that  he  is  not  designated  by  his 
right  name.  There  are  four  kinds  of  pleas  to  a  complaint :  A  plea  of : 

1.  Guilty; 

2.  Not  guilty ; 

3.  A  former  judgment  of  conviction  or  acquittal  of  the  offense  charged, 
which  may  be  pleaded  either  with  or  without  the  plea  of  not  guilty ; 

131 


See.  7477  CRIMINAL  PRACTICE  2078 

4.  Once  in  jeopardy,  which  may  be  pleaded  with  or  without  the  plea  of 
not  guilty. 

Kerr,  Pen.  C.,  1429;  N.  D.,  6753;  Utah,  5129. 

7477.  Pleas  must  be  oral— Plea  of  guilty— Higher  offense. 

SEC.  627.  Every  plea  must  be  oral  and  entered  in  the  minutes.  If  the 
defendant  pleads  guilty,  the  court  may,  before  entering  such  plea  or  pro- 
nouncing judgment,  examine  witnesses  to  ascertain  the  gravity  of  the 
offense  committed ;  and  if  it  appears  to  the  court  that  a  higher  offense  has 
been  committed  than  the  offense  charged  in  the  complaint,  the  court  may 
order  the  defendant  to  be  committed  or  admitted  to  bail,  to  answer  any 
indictment  that  may  be  found  against  him. 

Kerr,  Pen.  C.,  1429;  Utah,  5130. 

7478.  When  trial  to  begin. 

SEC.  628.  Upon  a  plea  other  than  a  plea  of  guilty,  unless  a  jury  is 
demanded  or  an  adjournment  or  change  of  venue  is  not  granted,  the  court 
may  proceed  to  try  the  case. 

Kerr,  Pen.  C.,  1430;  Utah,  5131. 

7479.  Postponement  of  trial  for  cause. 

SEC.  629.  Before  the  commencement  of  a  trial  in  a  justice's  court,  either 
party  may^,  upon  good  cause  shown,  have  a  reasonable  postponement 
thereof. 

Kerr,  Pen.  C.,  1433;  Utah,  5135. 

7480.  Grounds  of  demurrer  to  complaint. 

SEC.  630.  The  defendant  may  demur  to  the  complaint  when  it  appears 
upon  the  face  thereof : 

1.  That  it  does  not  conform  to  the  requirements  of  section  621. 

2.  That  the  facts  stated  do  not  constitute  a  public  offense. 

Kerr,  Pen.  C.,  5130. 

7481.  Demurrer  sustained— New  complaint  or  discharge. 

SEC.  631.  If  the  demurrer  is  sustained,  a  new  complaint  must  be  filed 
within  such  time,  not  exceeding  one  day,  as  the  justice  may  name;  if  such 
new  complaint  be  not  filed,  the  defendant  must  be  discharged. 

Kerr,  Pen.  C.;5137. 

7482.  Defendant  must  be  present  unless  bail  given  or  district  attorney 

consents. 

SEC.  632.  The  defendant  must  be  personally  present  in  all  cases  before 
the  trial  shall  proceed,  unless  he  shall  have  given  sufficient  bail,  as  provided 
in  this  act,  or  the  district  attorney  consent  to  proceed  with  the  trial  after 
the  defendant  shall  have  appeared  in  person,  and  shall  also  be  represented 
by  counsel. 

Kerr,  Pen.  C.,1434. 

THE  TRIAL 

7483.  Jury,  how  summoned. 

SEC.  633.  The  defendant  may  waive  a  jury  trial  in  person  or  by  attor- 
ney, after  having  appeared  in  the  action,  but  shall  be  entitled  to  a  jury 
trial  if  demanded  by  him.  The  jury  may  be  composed  of  any  number  of 
persons  eligible  to  serve  as  jurors,  not  exceeding  twelve,  nor  less  than 
three ;  but  only  by  consent  of  parties  shall  the  number  be  less  than  twelve. 
The  jury  shall  be  summoned  upon  an  order  of  the  justice,  from  the  citizens 
of  the  city,  precinct  or  township,  and  not  from  the  bystanders.  If  a 
sufficient  number  of  competent  and  qualified  jurors  do  not  attend,  the  jus- 


2079  CRIMINAL  PRACTICE  Sec.  7490 

tice  shall  direct  others  to  be  summoned  from  the  vicinity,  and  not  from  the 
bystanders,  sufficient  to  complete  the  jury. 

K  err,  Pen.  C.,14.T>. 

A  defendant  indicted  for  a  misdemeanor  consents  to  such  a  jury,  and  his  consent  is 
mav  be  tried  by  a  jurv  of  eleven  men,  if  he  not  :i  waiver  of  a  jury  trial.  State  v.  Borow- 

sky,  11  Nev.  119,  127. 

7484.  Challenge  to  jurors  same  as  misdemeanor—  Tried  by  court. 

SEC.  634.  The  same  challenges  may  be  taken  by  either  party  to  the 
panel  of  jurors,  or  to  any  individual  juror,  as  may  be  taken  on  the  trial  of 
an  indictment  for  a  misdemeanor;  but  the  challenge  shall  in  all  cases  be 
tried  by  the  court. 

Kerr,  Pen.  ('.,  14-S(i. 
See  sec.  7129,  et  seq. 

7485.  Oath  of  jurors. 

SEC.  635.  The  court  shall  administer  to  the  jury  the  following  oath  or 
affirmation:  "You  do  swear  (or  affirm,  as  the  case  may  be),  that  you  will 
well  and  truly  try  this  issue  between  the  State  of  Nevada  and  A.  B.,  the 
defendant,  and  a  true  verdict  give  according  to  the  evidence." 

Kerr,  Pen.  (\,  14.".7. 

Thr  form  of  oath  as  prescribed  should  always  be  followed;  its  substance  cannot  be  dis- 
pensed with.  State  v.  AnH".  Is  Nev;  426,  '428,  429  (4  l>. 


748().     Proofs  delivered  iu  public. 

SEC.  636.  After  the  jury  are  sworn,  they  must  sit  together  and  hear 
the  proofs  and  allegations  of  the  parties,  which  must  be  delivered  in  pub- 
lic, and  in  the  presence  of  the  defendant. 

Kerr,  Pen.  C.,1438. 

7487.  (Questions  of  law  to  be  decided  by  court,  tact  by  jury. 

SEC.  637.  The  court  shall  decide  all  questions  of  law  which  may  arise  in 
the  course  of  the  trial,  but  shall  give  no  charge  with  respect  to  matters  of 
fact. 

Kerr,  Pen.  C.,  1439. 

I'.ut  regarding  trials  for  libel,  see  sec.  71%. 

7488.  Deliberation  of  jury—  Oath  of  officer. 

SEC.  638.  After  hearing  the  proofs  and  allegations,  the  jury  may  decide 
in  court,  or  may  retire  for  consideration.  If  they  do  not  immediately 
agree,  an  officer  must  be  sworn  to  the  following  effect:  "You  do  swear 
that  you  will  keep  this  jury  together,  in  some  private  and  convenient  place  ; 
that  you  will  not  permit  any  person  to  speak  to  them,  nor  speak  to  them 
yourself,  unless  it  be  to  ask  them  whether  they  have  agreed  upon  a  verdict  ; 
and  that  you  will  return  them  into  court  when  they  have  so  agreed." 

Kerr,  Pen.  C.,  1440. 

7489.  Delivery  of  verdict—  Entry  in  minutes. 

SEC.  639.  When  the  jury  have  agreed  upon  their  verdict,  they  shall 
deliver  it  publicly  to  the  court,  who  shall  cause  the  same  to  be  entered  on 
the  minutes. 

Kerr,  Pen.  C.,1441. 

7490.  Form  of  verdict. 

SEC.  640.  The  verdict  of  a  jury  on  a  plea  of  not  guilty  must  be  to  the 
effect  that  the  jury  find  the  defendant  "guilty,"  or  "not  guilty,"  as  the 
case  may  be.  On  any  other  plea,  the  verdict  must  be  "for  the  state"  or 
"for  the  defendant." 


See.  7491  CRIMINAL  PRACTICE  2080 

7491.  Several  defendants,  verdict  as  to  less  than  all— Judgment. 

SEC.  641.  When  several  defendants  are  tried  together,  if  the  jury  cannot 
agree  upon  a  verdict  as  to  all,  they  may  render  a  verdict  as  to  those  in 
regard  to  whom  they  do  agree,  on  which  a  judgment  shall  be  entered 
accordingly,  and  the  case  as  to  the  rest  may  be  tried  by  another  jury. 

Kerr,  Pen.  C.,1442. 

7492.  Jury  not  to  be  discharged  until  verdict  reached  or  court  orders. 
SEC.  642.     The  jury  shall  not  be  discharged  after  the  cause  is  submitted 

to  them,  until  they  have  agreed  upon  and  rendered  their  verdict,  unless  for 
good  cause  the  court  sooner  discharge  them. 

Kerr,  Pen.  C.,  144.3. 

7493.  Idem— Case  retried. 

SEC.  643.  If  the  jury  be  discharged,  as  provided  in  the  last  section,  the 
court  may  proceed  again  to  the  trial,  in  the  same  manner  as  upon  the  first 
trial ;  and  so  on,  until  a  verdict  be  rendered. 

Kerr,  Pen.  C.,1444. 

NEW  TRIAL  AND  ARREST  OF  JUDGMENT 

7494.  Motion  must  be  made  before  judgment. 

SEC.  644.  At  any  time  before  the  judgment  is  entered,  the  defendant 
may  move  for  a  new  trial,  or  in  arrest  of  judgment. 

Kerr,  Pen.  C.,1450. 

7495.  Grounds  for  new  trial. 

SEC.  645.     A  new  trial  can  be  granted  only  in  the  following  cases : 

1.  If  the  trial  has  been  had  in  the  absence  of  the  defendant,  unless  he 
voluntarily  absent  himself,  with  full  knowledge  that  a  trial  is  being  had ; 

2.  When  the  jury  has  received  any  evidence  out  of  court; 

3.  When  the  jury  has  separated  without  leave  of  the  court,  after  retir- 
ing to  deliberate  upon  their  verdict,  or  been  guilty  of  any  misconduct  tend- 
ing to  prevent  a  fair  and  due  consideration  of  the  case ; 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any  means  other  than 
a  fair  expression  of  opinion  on  the  part  of  all  the  jurors; 

5.  When  there  has  been  error  in  the  decision  of  the  court,  given  on  any 
question  of  law  arising  during  the  course  of  the  trial ; 

6.  When  the  verdict  is  contrary  to  law  or  evidence;   but  not  more  than 
one  new  trial  shall  be  granted  for  this  cause  alone. 

Kerr,  Pen.  C.,  1451. 

7496.  Grounds  for  motion  in  arrest  of  judgment. 

SEC.  646.  The  motion  in  arrest  of  judgment  may  be  founded  on  any 
substantial  defect  in  the  complaint,  and  the  effect  of  an  arrest  of  judgment 
is  to  place  the  defendant  in  the  same  situation  in  which  he  was  before  the 
trial  was  had. 

Kerr,  Pen. kC.,  1452. 

7497.  Judgment  pronounced,  when. 

SEC.  647.  If  the  judgment  be  not  arrested,  or  a  new  trial  granted,  judg- 
ment shall  be  pronounced  at  the  time  appointed,  and  entered  in  the  minutes 
of  the  court. 

Kerr,  Pen.  C.,1453. 

JUDGMENT  AND  EXECUTION 

7498.  Time  for  pronouncing  judgment— Postponement. 

SEC.  648.  After  a  plea  or  verdict  of  "guilty,"  or  after  a  verdict  against 
the  defendant,  the  court  must  appoint  a  time  for  rendering  judgment, 
which  must  not  be  more  than  two  days  nor  less  than  six  hours  after  the 


2081  CRIMINAL  PRACTICE  Sec.  7505 

verdict  is  rendered,  unless  the  defendant  waives  the  postponement,  or  the 
judgment  is  arrested,  or  a  new  trial  granted.  If  postponed,  the  court  may 
hold  the  defendant  to  bail  to  appear  for  judgment.  Unless  such  post- 
ponement is  demanded,  it  shall  be  deemed  to  be  waived. 

Where      a      defendant      after      conviction  held  that  the  objection  \v;is  frivolous.     State 

escaped    and    could    not    be   produced    on    the  v.    Pierce,  s   Nev.  'JIM,  LM>7. 

day    fixed     for    sentence,    and    sentence    was  Tin-   statutory   requirement  that  a   day  be 

thereupon    postponed    until    such    time   as   he  fixed    for   sentence    is    for   the  benefit   of  the 

could    be    produced;    and    being   produced    at  convicted     [evson;     and     if     he     by     escape 

a    subsequent    term    he    objected    that   at   the  depiives     himself     thereof,     he    cannot    com- 

«-.\l  iration  of  the  former  term  the  court  lost  plain  of  being  sentenced  at  any  day  of  any 

all   jurisdiction    of  the  cause  and   could   not  term  of  court   thereafter.     Idem. 
afterwards     render     any     judgment,     it     was 

7499.  Judgment  rendered  for  line  and  imprisonment  or  costs. 

SEC.  649.  When  the  defendant  pleads  guilty,  or  is  convicted,  either  by 
the  court  or  by  a  jury,  the  court  shall  render  judgment  thereon  of  fine  and 
imprisonment,  or  both,  with  or  without  costs. 

Kerr.  Pen.  ('.,  1440. 

K'elators  were  found  guilty  of  assault  and  the  line;  that  the  judgment  relating  to  costs, 

battery,  fined  in  the  sum  of  $100  each  and  the  amount  not  being  stated,  was  surplusage 

"the  posts  «>f  this  action."  It  was  held  that  and  nugatory.  Stair  ex  rel.  Burbank  V. 

this  was  onlv  judgment  for  the  amount  of  .Jameson,  1  ."•  \e\.  ll".',  430. 

7500.  Imprisonment  in  lien  of  tine  may  be  directed  in  judgment. 

SEC.  650.  A  judgment  that  the  defendant  pay  a  fine  may  also  direct 
that  he  be  imprisoned  until  the  fine  be  paid  or  satisfied,  at  the  rate  of  one 
day  for  each  two  dollars  of  such  fine. 

Kerr,  Pen.  C.,144(i. 

7501.  Acqqittal— -Malicious  prosecution— Prosecutor  to  pay  costs— I'nder- 

taking. 

SEC.  651.  When  the  defendant  is  acquitted,  either  by  the  court  or  by 
the  jury,  he  shall  be  immediately  discharged,  and  if  the  court  certify  in 
the  minutes  that  the  prosecution  was  malicious,  or  without  probable  cause, 
it  may  order  the  prosecutor  to  pay  the  costs  of  the  action,  or  to  give  satis- 
factory security  by  a  written  undertaking,  with  one  or  more  sureties,  to 
pay  the  same  to  the  county  within  thirty  days  after  the  trial. 

Kerr,  Pen.  C.,1447. 

7502.  Judgment  of  costs  against  prosecutor  may  be  entered. 

SEC.  652.  If  the  prosecutor  does  not  pay  the  costs,  or  give  security 
therefor,  as  provided  in  the  last  section,  the  court  may  enter  judgment 
against  him  for  the  amount  thereof,  which  may  be  enforced  in  all  respects 
in  the  same  manner  as  a  judgment  rendered  in  a  civil  action. 

Kerr,  Pen.  C.-,  1448. 

7503.  Fine  without  imprisonment— Kxecntion. 

SEC.  653.  A  judgment  which  imposes  a  fine  without  directing  that  the 
defendant  be  imprisoned  until  the  same  is  satisfied  may  be  enforced  in  the 
same  manner  as  a  judgment  in  a  civil  action,  and  execution  shall  issue 
accordingly. 

Kegarding  executions  in  civil  actions  in  justice's  court,  see  sec.  5783,  et  seq. 

7504.  Verdict  to  be  entered  on  minutes. 

SEC.  654.  When  a  verdict  is  rendered  it  shall  be  immediately  entered 
upon  the  minutes. 

Kerr,  Pen.  C.,1441. 

7505.  Judgment  of  acquittal  or  tine  given— Defendant  to  be  discharged, 

when. 
SEC.  655.     If  judgment  of  acquittal  is  given,  or  judgment  imposing  a 


Sec.  7506  CRIMINAL  PRACTICE  2082 

fine  only,  and  the  defendant  is  not  detained  for  any  other  legal  cause,  he 
must  be  discharged  as  soon  as  the  judgment  is  given. 

Kerr,  Pen.  C.,  1454. 

7506.  Imprisonment  until  line  paid— Defendant  to  be  held. 

SEC.  656.  When  a  judgment  is  entered  imposing  a  fine  and  ordering 
the  defendant  to  be  imprisoned  until  the  fine  is  paid,  he  shall  be  held  in 
custody  during  the  time  specified  in  the  judgment,  unless  the  fine  be  sooner 
paid,  and  execution  may  issue  for  the  collection  of  said  judgment,  the  same 
as  in  civil  cases. 

Kerr,  Pen.  C.,1456. 
See  sees.  5783,  7503. 

7507.  Judgment  of  imprisonment,  how  executed. 

SEC.  657.  A  judgment  of  imprisonment  must  be  executed  by  delivering 
the  defendant  into  the  custody  of  the  sheriff  or  other  officer  in  charge  of 
the  county  jail.  A  copy  of  the  judgment,  duly  certified  by  the  justice,  is 
a  sufficient  warrant  for  the  doing  of  every  act  necessary  or  proper  in  the 
due  execution  thereof.  The  officer  shall,  upon  discharging  the  defendant, 
return  such  copy  to  the  justice,  with  an  account  of  his  doings  indorsed 
thereon,  and  must  at  the  same  time  pay  over  to  the  justice  all  money  which 
he  may  have  received  from  the  defendant  in  payment  of  the  fine. 

7508.  Fines  to  be  paid  into  county  treasury. 

SEC.  658.  When  a  fine  is  paid  or  bail  is  forfeited,  the  justice  must  pay 
the  same  to  the  county  treasurer  within  thirty  days  thereafter. 

Under  constitution  all  fines  are  pledged  by  the  state  to  educational  purposes,  sec.  355. 

7509.  Fine  before  commitment  to  be  applied,  how. 

SEC.  659.  If  a  fine  be  imposed  and  paid  before  commitment,  it  shall  be 
applied  as  prescribed  in  the  preceding  section. 

Cited,  State  ex  rel.  Quinn  v.  District  Court,  16  Nev.  77. 

7510.  Forfeiture  of  deposit. 

SEC.  660.  If  a  defendant  is  discharged  on  bail,  or  has  deposited  money 
instead  thereof,  and  fails  to  appear  according  to  his  undertaking,  the  same 
shall  be  forfeited,  or  the  money  appropriated  in  like  manner  as  in  the  dis- 
trict court. 

Kerr,  Pen.  C.,1458. 

7511.  Failure  to  appear,  procedure. 

SEC.  661.  In  case  of  failure  to  appear  for  judgment,  the  court  must  issue 
a  warrant  for  the  arrest  of  the  defendant,  and  shall  enter  judgment  when- 
ever the  defendant  appears,  or  is  brought  before  it. 

APPEAL 

7512.  Appeal  must  be  taken  within  ten  days. 

SEC.  662.  Any  defendant  in  a  criminal  action  tried  before  a  justice  of 
the  peace  may  appeal  from  the  final  judgment  therein  to  the  district  court 
of  the  county  where  the  court  of  such  justice  is  held,  at  any  time  within 
ten  days  from  the  time  of  the  rendition  of  the  judgment. 

7513.  Appeal  to  district  court— Bail— Trial  in  appellate  court. 

SEC.  663.  The  party  intending  to  appeal  must  file  with  the  justice,  and 
serve  upon  the  district  attorney  a  notice  entitled  in  the  action,  setting 
forth  the  character  of  the  judgment,  and  the  intention  of  the  party  to 
appeal  therefrom  to  the  district  court.  He  may  also,  at  any  time  there- 
after, if  he  desire  to  be  released  from  custody  during  the  pendency  of 
the  appeal,  or  desire  a  stay  of  proceedings  under  the  judgment  until  the 
appeal  be  disposed  of,  enter  bail  for  the  due  prosecution  of  the  appeal,  the 


2083  CRIMINAL  PRACTICE  Sec.  7518 

payment  of  any  judgment,  fine,  and  costs  that  may  be  awarded  against  him 
on  the  appeal,  and  for  failure  to  prosecute  the  same,  and  for  the  rendering 
of  himself  in  execution  of  the  judgment  appealed  from,  or  of  any  judgment 
rendered  against  him  in  the  action  appealed  from  in  the  court  to  which 
the  same  is  appealed. 

Kerr,  Pen.  0.,  1466-1470. 

7514.  Justice  to  transmit  papers  on  appeal  and  copy  of  docket. 

SEC.  664.  The  justice  must,  within  ten  days  after  the  notice  of  appeal 
is  filed,  transmit  to  the  clerk  of  the  district  court  all  papers  relating  to  the 
case  and  a  certified  copy  of  his  docket. 

N.  D.,6786;  Utah.  :>!<;:;. 

7515.  Witness  may  be  required  to  give  bonds,  or  be  conditionally  exam- 

ined. 

SEC.  665.  When  an  appeal  is  taken,  the  justice  must,  if  application  is 
made  by  the  district  attorney,  cause  all  material  witnesses  on  behalf  of 
the  prosecution  to  enter  into  an  undertaking  in  like  manner  as  in  a  case 
where  a  defendant  is  held  to  answer  on'  a  preliminary  examination.  And 
when  it  shall  satisfactorily  appear  by  examination  on  oath  of  the  witness 
or  any  other  person  that  the  witness  is  unable  to  procure  sureties,  such 
witness  may  be  forthwith  conditionally  examined  on  behalf  of  the  state. 
Such  examination  must  be  by  question  and  answer  in  the  presence  of  the 
defendant  or  after  notice  to  him,  if  on  bail,  and  reduced  to  writing,  and 
the  witness  must  thereupon  be  discharged.  The  testimony  as  given,  sub- 
scribed by  the  witness  and  duly  certified  to  by  the  justice,  may  be  read  in 
evidence  by  the  state,  or  by  the  defendant,  upon  any  subsequent  trial  of  the 
same  case  in  the  district  court  on  appeal,  upon  it  being  satisfactorily 
shown  that  such  witness  is  either  dead,  unable  to  attend,  or  out  of  the 
state. 

N.  D.,6785;   Hah.  .->Hi4. 

751().    Trial  anew  in  district  court— Dismissal  of  appeal. 

SEC.  666.  An  appeal  duly  perfected  transfers  the  action  to  the  district 
court  for  trial  anew.  The  appeal  may  be  dismissed  on  either  of  the  fol- 
lowing grounds : 

1.  For  failure  to  take  the  same  in  time; 

2.  For  failure  to  appear  in  the  district  court  when  required. 

If  the  appeal  is  dismissed,  a  copy  of  the  order  of  dismissal  must  be 
remitted  to  the  justice,  who  may  proceed  to  enforce  the  judgment. 
Utah  ,5165. 

7517.  Dismissal  of  complaint  on  appeal,  grounds. 

SEC.  667.  The  complaint,  on  motion  of  defendant,  may  be  dismissed 
upon  the  following  grounds : 

1.  That  the  justice  did  not  have  jurisdiction  of  the  offense; 

2.  That  more  than  one  offense  is  charged  therein ; 

3.  That  the  facts  stated  do  not  constitute  a  public  offense. 

N.D.,6787;  Utah,  5166. 

7518.  Defendant  to  plead  anew,  procedure. 

SEC.  668.  If  the  defendant  does  not  object  to  the  complaint  for  any 
of  the  causes  above  specified,  or  if  his  objections  are  overruled,  he  must  be 
required  to  plead  as  to  an  indictment  without  regard  to  any  plea  entered 
before  the  justice.  In  other  respects,  the  proceedings  shall  be  the  same  as 
in  criminal  actions  originally  commenced  in  the  district  court,  and  judg- 
ment shall  be  rendered  and  carried  into  effect  accordingly. 

X.  I>.,<>787;  rtah,o!67. 


Sec.  7519  CRIMINAL  PRACTICE  2084 

MISCELLANEOUS  PROVISIONS 

75 1 9.  Subpenas,  proceeding's  governing. 

SEC.  669.  A  justice  of  the  peace  may  issue  subpenas  for  witnesses  or 
for  interpreters,  and  punish  disobedience  thereof,  as  provided  in  this  act. 
The  names  of  all  the  witnesses  desired  by  both  parties  may  be  included  in 
the  same  subpena. 

Kerr,  Pen.  C.,  1459;  Utah,  5168. 

7520.  Bail,  provisions  governing. 

SEC.  670.  The  defendant,  at  any  time  after  his  arrest  and  before  con- 
viction, may  be  admitted  to  bail.  The  provisions  of  this  act  relative  to 
bail,  shall  apply,  so  far  as  applicable,  to  bail  in  justices'  courts. 

Utah,  5169. 

See  sec.  7308,  et  seq. 

7521.  Contempt,  provisions  governing. 

SEC.  671.  The  provisions  of  the  civil  procedure  act  relative  to  con- 
tempts, in  justices'  courts,  shall  be  applicable  to  the  criminal  procedure  in 
justices'  courts. 

Utah, 5170. 

7522.  Entitling  affidavits,  provisions  governing. 

SEC.  672.  The  provisions  of  section  564,  in  respect  to  entitling  affidavits, 
are  applicable  to  justices'  courts. 

Utah-,  5171. 

752fS.    Competency  of  witnesses,  provisions  governing. 

SEC.  673.  The  provisions  of  this  act,  relative  to  the  competency  of  wit- 
nesses, shall  be  applicable  to  the  criminal  procedure  in  justices'  courts. 

Utah,  5172. 

7524.  When  justice  may  depute  a  person  to  act  as  constable. 

SEC.  674.  A  justice  of  the  peace  may  depute  in  writing  any  suitable  and 
discreet  person  to  act  as  constable  when  no  constable  is  at  hand,  and  the 
nature  of  the  business  requires  immediate  action. 

Utah,  5173. 

CHAPTER  53 
REPEAL  AND  CONTINUANCE  OF  CERTAIN  ACTS  RELATING  TO  CRIMINAL  PRACTICE 

7525.  Same    provisions    in    this    act    as    in       7527.  Acts  repealed. 

existing    acts    deemed    continuation  7528.  Acts    and    parts    of    acts    in    conflict 
thereof.  repealed. 

752(5.  Repeal  does  not  affect  act  happening  7529.  Act  to  take  effect,  when, 
before  this  act  takes  effect. 

7525.  Same  provisions  in  this  act  as  in  existing  acts  deemed  continuation 

thereof. 

SEC.  675.  The  provisions  of  this  act,  so  far  as  they  are  substantially  the 
same  as  those  of  existing  statutes,  shall  be  construed  as  a  continuation 
thereof  and  not  as  new  enactments,  and  a  reference  in  a  statute  which  has 
not  been  repealed  to  provisions  of  law  which  are  revised  and  reenacted 
herein  shall  be  construed  as  applying  to  such  provisions  as  so  incorporated 
in  this  act. 

7526.  Repeal  does  not  affect  act  happening1  before  this  act  takes  effect. 

SEC.  676.  The  repeal  of  a  law  by  this  act  shall  not  affect  any  act  done, 
or  any  right  established,  or  the  prosecution  of  a  criminal  action  or  pro- 
ceeding commenced  or  an  offense  committed,  before  the  repeal  takes  effect, 
but  any  proceedings  in  such  case,  after  this  act  takes  effect,  shall,  as  far  as 
practicable,  conform  to  the  provisions  of  this  act. 


2085  CRIMINAL  PRACTICE  Sec.  7531 

7527.  Acts  repealed. 

SEC.  677.  The  acts  designated  in  the  following  schedule  shall  stand 
repealed  from  and  after  the  time  this  act  goes  into  effect : 

SCHEDULE 

1.  An  act  to  regulate  proceedings  in  criminal  cases  in  the  courts  of  justice 

in  the  Territory  of  Nevada,  approved  November  26,  1861 ; 

2.  An  act  to  define  the  term  "reasonable  doubt,  "approved  February  1, 1889 ; 

3.  An  act  to  regulate  proceedings  in  certain  criminal  cases,  approved  Febru- 

ary 27,  1885 ; 

4.  An  act  supplementary  to  an  act  entitled  "An  act  to  regulate  proceedings 

in  criminal  cases  in  the  courts  of  justice  in  the  Territory  of  Nevada," 
approved  November  26,  1861,  approved  February  17,  1893; 

5.  An  act  to  enable  a  defendant  to  testify  as  a  witness  in  criminal  prosecu- 

tions, which  became  a  law  February  18,  1867 ; 

6.  An  act  approved  March  13,  1867,  entitled  "An  act  to  amend  an  act 

entitled  'An  act  to  regulate  proceedings  in  criminal  cases  in  the 
courts  of  justice  in  the  State  of  Nevada  and  making  further  pro- 
visions relating  thereto*  " ; 

7.  An  act  in  relation  to  fines  and  to  repeal  an  act  relating  thereto,  approved 

March  5,  1887 ; 

8.  An  act  to  provide  payment  of  expenses  necessary  for  the  extradition  of 

fugitives  from  justice,  approved  March  17,  1903; 

9.  An  act  to  provide  for  the  appointment  of  stenographers  upon  the  hear- 

ing of  criminal  cases  in  courts  of  justice  of  this  state,  and  to  regu- 
late the  compensation  therefor,  approved  March  5,  1903. 

7528.  Acts  and  parts  of  acts  in  ronHict  repealed. 

SEC.  678.  All  acts  or  parts  of  acts  in  conflict  herewith  are  repealed  as  of 
the  date  this  act  takes  effect. 

7529.  Act  to  take  effect,  when. 

SEC.  679.    This  act  shall  take  effect  on  the  first  day  of  January,  1912. 

An  Act  to  prohibit  the  sale  of  ardent  spirits  to  the  Indians. 

Approved  March  14.  1901.  68 

[Sections  1  and  2  are  omitted  as  l>ein«;  fully  covered  by  crimes  and  punishments  act, 
sees.  <r>07  0509.] 

7530.  When  Indians  competent  witnesses. 

SEC.  3.  In  all  cases  prosecuted  under  the  provisions  of  this  act,  Indians 
shall  be  competent  witnesses;  provided,  such  Indian  answers  all  questions 
asked  on  cross-examination  on  matters  to  which  he  has  testified  on  direct 
examination,  as  fully  and  fairly  as  he  did  on  direct  examination. 

7531.  When  testimony  to  be  disregarded. 

SEC.  4.  If  any  witness  testifying  under  the  provisions  of  this  act  fails  or 
refuses  to  answer  questions,  as  fully  and  fairly,  one  way  or  the  other,  for  or 
against  the  defendant,  the  judge  or  jury  are  at  liberty  to  entirely  disregard 
the  testimony  of  such  witness. 

An  Act  to  detect  and  punish  incendiarism. 

Approved  March  3.  1879.  58 

7532.  Complaint  and  summons  to  citizens  to       7536.  Free  access  to  building. 

ascertain  causes  of  fires.  7537.  Warrant   to    issue    for   arrest,   when — 

7533.  Oath.  Witnesses  may  be  bound. 

7534.  Subpenas  to  issue.  7538.  Compulsory  attendance  of  jurors  and 

7535.  Verdict  after  hearing  testimony — Cer-  witnesses. 

tified  to  district  court.  7539.  Fees,  how  paid. 


Sec.  7532  CRIMINAL  PRACTICE  2086 

7532.  Complaint  and  summons  to  citizens  to  ascertain  causes  of  tires. 

SECTION  1.  Whenever  it  is  made  to  appear  by  the  complaint  of  any  citi- 
zen that  any  building  or  other  property  has  been  set  on  fire,  or  attempted  to 
be,  or  burned  from  an  unknown  cause,  or  any  cause  not  clearly  accidental,  it 
shall  be  the  duty  of  any  justice  of  the  peace  of  the  county  where  such  fire 
occurred,  or  was  attempted,  and  to  whom  such  complaint  shall  be  made,  to 
immediately  summon  three  good  and  lawful  citizens,  who  shall  be  household- 
ers in  the  county,  to  appear  at  the  place  of  the  fire  at  a  time  fixed  as  soon  as 
possible,  to  inquire  when,  how,  and  by  what  means  the  fire  originated.  If 
any  person  so  summoned  does  not  appear,  the  justice  shall  complete  the  panel 
by  appointment  from  the  bystanders,  or  from  citizens  residing  in  the  vicinity 
of  said  fire. 

7533.  Oath. 

SEC.  2.  When  the  panel  is  complete,  the  justice  shall  administer  the  fol- 
lowing oath:  "You,  and  each  of  you,  solemnly  swear  that  you  will  diligently 
examine  and  inquire  when,  how,  and  by  what  means  the  fire  which  has  here 
occurred  was  caused,  and  that  you  will  return  a  true  verdict,  according  to 
your  knowledge  and  such  evidence  as  shall  be  laid  before  you.  So  help 
you  God." 

7534.  Subpenas  to  issue. 

SEC.  3.  The  justice  of  the  peace  shall  issue  subpenas  for  witnesses, 
returnable  at  such  time  and  place  as  he  therein  directs.  The  witnesses  shall 
be  sworn,  their  testimony  reduced  to  writing,  and  subscribed  to  by  them. 

7535.  Verdict  after  hearing  testimony— Certified  to  district  court. 

SEC.  4.  The  jury,  after  hearing  the  testimony,  and  making  all  needful 
examinations  and  inquiries,  shall  draw  up  and  deliver  to  the  justice  holding 
such  inquest  their  verdict,  signed  by  them,  or  in  case  of  disagreement,  by 
two  of  them,  in  which  they  shall  find  and  certify  when,  how,  and  by  what 
means  such  fire  was  caused.  Said  finding,  together  with  the  testimony  of 
the  witnesses,  shall  be  certified  by  the  justice  and  filed  with  the  clerk  of  the 
district  court  of  the  county  in  which  such  fire  originated  within  one  week 
thereafter. 

7536.  Free  access  to  building. 

SEC.  5.  For  the  purpose  of  investigation,  the  justice  and  jury  shall  have 
free  access  to  any  building  or  property  whatsoever. 

7537.  Warrants  to  issue  for  arrest,  when— Witnesses  may  be  bound. 

SEC.  6.  If  the  jury  shall  find  that  any  person  or  persons  wilfully  set  fire 
to  the  property  in  question,  or  attempted  to,  or  that  reasonable  cause  exists 
for  believing  them  to  have  been  accessory  thereto,  unless  such  person  or  per- 
sons be  already  in  custody,  the  justice  shall  issue  a  warrant  for  the  arrest  of 
the  person  or  persons  so  charged,  and  shall  deliver  the  same  to  any  constable 
in  the  county  or  the  sheriff  thereof.  In  such  cases,  the  justice  may  bind 
over  the  witnesses  or  any  of  them,  to  appear  at  an  examination  of  the  person 
or  persons  so  charged  at  such  time  and  place  as  he  may  direct;  but  nothing 
in  this  act  shall  be  construed  to  interfere  with  arrests  and  examinations  of 
any  person  charged  with  the  crime  of  arson,  as  now  provided  by  law. 

7538.  Compulsory  attendance  of  jurors  and  witnesses. 

SEC.  7.  For  the  purposes  of  this  act,  the  justice  of  the  peace  shall  have 
the  same  power  to  enforce  the  attendance  of  jurors  and  witnesses  as  when 
sitting  as  a  committing  magistrate. 

7539.  Fees,  bow  paid. 

SEC.  8.     The  compensation  for  holding  such  inquest  shall  be  the  same  as 


2087  CRIMINAL  PRACTICE  Sec,  7543 

now  provided  by  law  for  coroner's  inquests,  and  shall  be  audited  and  paid  in 
like  manner. 

An  Act  to  provide  for  the  payment  of  attorneys  in  certain  cases. 

Approved  March  5.  1875.  142 

7540.  Attorneys  appointed  by  court  paid  by  county. 

SECTION  1.  An  attorney  appointed  by  a  court  to  defend  a  person  indicted 
for  any  offense  is  entitled  to  receive  from  the  county  treasury  the  following 
fees:  For  a  case  of  murder,  one  hundred  dollars;  for  a  felony  or  misde- 
meanor, such  fee  as  the  court  may  fix,  not  to  exceed  fifty  dollars.  Such 
compensation  shall  be  paid  by  the  county  treasurer  out  of  any  moneys  in  the 
treasury,  not  otherwise  appropriated,  upon  the  certificate  of  the  judge  of  the 
court  that  such  attorney  has  performed  the  services  required.  As  amended, 
Stats.  1911,  318. 

Cited,  In  re  Wixom,  IL'  NYv.  ±M. 

7541.  When  attorney  need  not  follow  case—  Knlarjred  fee. 

SEC.  2.  An  attorney  cannot,  in  such  case,  be  compelled  to  follow  a  case  to 
another  county  or  into  the  supreme  court,  and  if  he  does  so,  may  recover  an 
enlarged  compensation,  to  be  graduated  on  a  scale  corresponding  to  the  prices 
allowed. 

An  attorney  who  defends  a  prisoner  under  may    be   tried,    and    an    additional    fee,    not 

appointment   by  the  court,  is  entitled  to   n  exceeding   fifty   dollars,   if  the   case   is   fol- 

fee  not  exceeding  fifty  dollars  for  each  trial  lowed  into  the  supreme  court.     Washoe  Co. 

of  the   cause,   in   whatever  county  the   case  v.  HumboMt  Co.,  14  Nev.  123. 

CORONERS 

An  Act  creating  coroner  districts,  making  the  justices  of  the  peace  ex  officio 
coroners,  prescribing  their  duties  and  compensation,  and  repealing  all  acts 
and  parts  of  acts  in  conflict  with  the  provisions  of  this  act. 

Approved   March  16. 1909,  119 

7542.  Coroner  districts.  75  51.  Warrant  to  issue  for  accused. 

7543.  Justices  of  peace  ex  officio  coroners —       7 .". ."•:.'.  Service  and  return  of  warrant. 

Bond  —  Deputies  —  Appointment  —  7553.  Money  or  property  of  deceased — Deliv- 
Oath — Powers — Compensation.  ery  to  county  treasurer. 

7544.  Summoning  jurors.  7554.  Treasurer  to  sell  property — Placement 

7545.  Failure  to  attend  as  juror,  penalty.  of  proceeds. 

7546.  Oath  of  juror.  7555.  Payment  to  representatives  of  deceased. 

7547.  Coroner  to  subpena  and  examine  wit-  7556.  Coroner  to  file  affidavit  regarding  prop- 

nesses — May  summon  surgeon.  erty  before  allowance  of  fees. 

7548.  Witness   failing  to   attend  punishable       7557.  Burial  and  payment  for  same. 

for  contempt.  7558.  Fees — Payment  by  county. 

7549.  After    inspecting    body    and    hearing,       7559.  Townships  in  which  coroner  may  act. 

verdict  to  specify.  7560.  Coroner's  jurors   to   receive   $2.50   per 

7550.  Testimony  reduced  to  writing — Filing  day. 

in  district  court. 

7542.  Coroner  districts. 

SECTION  1.  Every  township  in  this  state  is  hereby  made  a  coroner's 
district. 

7543.  Justices  of  peace  ex  officio  coroners— Bond— Deputies— Appoint- 

ment—Oath— Powers— Compensation. 

SEC.  2.  All  justices  of  the  peace  in  this  state  are  hereby  made  ex  officio 
coroners;  provided,  said  ex  officio  coroners  may  appoint  a  deputy  or  deputies, 
who  shall  have  power  to  transact  all  official  business  appertaining  to  said 
officers  to  the  same  extent  as  their  principal ;  provided,  further,  said  ex  officio 
coroners  shall  be  responsible  for  the  compensation  of  said  deputy  or  depu- 
ties, and  shall  be  responsible  on  their  official  bonds  for  all  official  malfeasance 
or  nonfeasance  of  the  same.  All  appointments  of  deputies  shall  be  made  in 


See.  7544  CRIMINAL  PRACTICE  2088 

writing,  and  shall,  with  the  oath  of  office,  be  filed  in  the  office  of  the  recorder 
of  the  county  within  which  the  principal  holds  and  exercises  his  office.  As 
amended,  Stats.  1911,  58. 

7544.  Summoning  jurors. 

SEC.  3.  When  a  justice  of  the  peace,  acting  as  coroner,  or  his  deputy,  has 
been  informed  that  a  person  has  been  killed,  or  committed  suicide,  or  has 
suddenly  died  under  such  circumstances  as  to  afford  reasonable  ground  to 
suspect  that  the  death  has  been  occasioned  by  unnatural  means,  he  shall  go 
to  the  place  where  the  body  is  and  summon  no  less  than  six,  nor  more  than 
twelve,  persons  qualified  by  law  to  serve  as  jurors,  to  appear  before  him 
forthwith  at  the  place  where  the  body  is,  to  inquire  into  the  cause  of  the  death. 

7545.  Failure  to  attend  as  juror,  penalty. 

SEC.  4.  Every  person  summoned  as  a  juror  who  shall  fail  to  appear  with- 
out having  a  reasonable  excuse,  shall  forfeit  any  sum,  not  exceeding  one  hun- 
dred dollars,  to  be  recovered  by  the  justice  of  the  peace,  acting  as  coroner, 
in  his  official  capacity,  in  any  court  of  competent  jurisdiction,  and  paid  by 
him  into  the  county  treasury. 

7546.  Oath  of  juror. 

SEC.  5.  When  six,  or  more,  of  the  jurors  attend,  they  shall  be  sworn  by 
the  justice  of  the  peace,  acting  as  coroner  or  deputy,  to  inquire  who  the  per- 
son was,  and  when,  where  and  by  what  means  he  came  to  his  death,  and  into 
the  circumstances  attending  his  death,  and  to  render  a  true  verdict  thereon 
according  to  the  evidence. 

7547.  Coroner  to  snbpena  and  examine  witnesses— May  summon  surgeon. 

SEC.  6.  The  justice  of  the  peace,  acting  as  coroner,  may  issue  subpenas 
for  witnesses,  returnable  as  he  may  direct,  and  served  by  himself  or  such 
person  as  he  may  direct.  He  must  summon  and  examine  as  witnesses  every 
person  who,  in  his  opinion  or  that  of  any  of  the  jurors,  has  any  knowledge  of 
the  facts,  and  he  may  summon  a  surgeon  or  physician  to  inspect  the  body. 

7548.  Witness  failing  to  attend  punishable  for  contempt. 

SEC.  7.  Any  witness  failing  to  obey  the  subpena  of  the  justice  of  the  peace, 
acting  as  coroner,  may  be  attached  and  fined  for  contempt  of  such  jury,  in 
like  manner  as  in  a  justice's  court. 

See  sees.  5795,  et  seq. 

7549.  After  inspecting  body  and  hearing,  verdict  to  specify. 

SEC.  8.  After  inspecting  the  body  and  hearing  the  testimony,  the  jury 
shall  render  their  verdict  and  certify  the  same  by  an  inquisition  in  writing, 
signed  by  them,  and  setting  forth  the  name  of  the  deceased,  when,  where 
and  by  what  means  he  came  to  his  death;  if  by  criminal  means,  the  name  of 
the  person  causing  the  death. 

7550.  Testimony  reduced  to  writing— Filing  in  district  court. 

SEC.  9.  The  testimony  at  such  inquest  shall  be  reduced  to  writing  by  the 
justice  of  the  peace,  acting  as  coroner,  or  as  he  may  direct,  and  by  him,  with- 
out delay,  filed  in  the  office  of  the  clerk  of  the  district  court  of  the  county. 

7551.  Warrant  to  issue  for  accused. 

SEC.  10.  If  the  jury  find  that  the  person  was  killed  by  another  under  cir- 
cumstances not  excusable  or  justifiable  in  law,  and  the  party  committing  the 
act  be  not  in  custody,  the  justice  of  the  peace,  acting  as  coroner,  shall  issue 
a  warrant  signed  by  him,  with  his  name  of  office,  for  the  arrest  of  the  accused. 

7552.  Service  and  return  of  warrant. 

SEC.  11.     The  warrant  of  the  justice  of  the  peace,  acting  as  coroner,  may 


2089  CRIMINAL  PRACTICE,  Sec.  7559 

be  served  in  any  county  of  the  state  and  returned  by  the  officer  serving  before 
a  magistrate  of  the  county  in  which  it  is  issued;  the  officer  receiving  such 
warrant  shall  have  the  same  power  under  the  warrant  as  by  virtue  of  a  war- 
rant from  any  court  or  magistrate  of  this  state. 

See  sees.  6951,  et  sen. 

7558.    Money  or  property  of  deceased— Delivery  to  county  treasurer. 

SEC.  12.  It  is  hereby  made  a  duty  of  the  justice  of  the  peace,  acting  as 
coroner,  to  deliver  without  delay  to  the  treasurer  of  the  county  any  money 
or  property  which  may  have  been  found  with  the  deceased,  unless  taken 
from  his  possession  by  legal  authority;  and  if  the  justice  of  the  peace,  acting 
as  coroner,  fail  to  pay  or  deliver  such  money  or  property  to  the  treasurer, 
the  treasurer  may  recover  same  by  action  at  law. 

7554.  Treasurer  to  sell  property— Placement  of  proceeds. 

SEC.  13.  Upon  payment  of  money  into  the  treasurer's  office  in  such  case, 
he  shall  place  it  to  the  credit  of  the  county.  If  it  be  property,  he  shall  pro- 
ceed upon  reasonable  notice  to  sell  the  same  at  public  sale,  and  place  the 
proceeds  to  the  credit  of  the  county. 

7555.  Payment  to  representatives  of  deceased. 

SEC.  14.  If  the  money  be  demanded  within  six  years,  the  treasurer  shall 
pay  the  same  to  the  person  legally  authorized  to  receive  it,  but  the  same  may 
be  paid  at  any  subsequent  time  to  the  representatives  of  the  deceased  upon 
an  order  from  the  tribunal  invested  with  the  power  to  allow  claims  against 
the  county.  As  amended,  Stats.  1911,  59. 

755li.  Coroner  to  tile  affidavit  regarding  property  before  allowance  of  fees. 
SEC.  15.  The  justice  of  the  peace,  acting  as  coroner,  shall,  before  his  claim 
is  allowed  for  such  inquest,  file  with  such  claim  an  affidavit  setting  out  the 
amount  of  money  or  property  found  with  the  deceased,  and  the  disposition 
of  the  same  by  him. 

7«V)7.     Hnrial  and  payment  for  same. 

SEC.  16.  After  the  inquest,  if  no  one  take  charge  of  the  body,  it  shall  be 
the  duty  of  the  justice  of  the  peace  to  cause  the  same  to  be  decently  buried 
and  pay  the  expense  thereof  from  any  money  found  with  the  deceased;  if 
no  such  money  is  found,  then  the  same  shall  be  charged  against  the  county. 

7558.  Fees— Payment  by  county. 

SEC.  17.  The  fees  of  the  justice  of  the  peace  shall  be  as  follows:  For  all 
services  in  summoning  a  jury  of  inquest,  three  dollars;  for  swearing  a  jury, 
fifty  cents;  for  issuing  warrant  of  arrest,  seventy-five  cents;  for  issuing 
subpena  to  each  witness,  twenty  cents;  for  each  mile  necessarily  traveled  in 
going  to  the  presence  of  the  dead  body,  twenty-five  cents;  for  swearing  each 
witness,  twenty  cents;  for  taking  down  testimony  or  causing  same  to  be  taken 
under  his  direction,  per  folio,  twenty  cents;  for  each  day  necessarily  employed 
in  holding  an  inquest,  five  dollars;  for  attending  and  superintending  burial, 
five  dollars.  All  of  said  fees  shall  be  paid  out  of  the  county  treasury  as  other 
demands.  For  all  services  rendered  by  him  while  acting  as  sheriff,  the  same 
fees  as  are  allowed  to  sheriffs  for  similar  services. 

7559.  Townships  in  which  coroner  may  act. 

SEC.  18.  The  coroner,  created  by  section  2  of  this  act,  shall  have  author- 
ity to  perform  all  the  duties  of  coroners  only  within  the  township  where  they 
as  justices  of  the  peace  reside;  provided,  that  the  townships  where  there  is 
no  qualified  justice  of  the  peace,  the  justice  of  the  peace  residing  nearest  to 
the  place  where  the  services  of  a  coroner  are  required,  within  the  same 
ounty,  shall  have  the  same  authority  in  the  township  where  there  is  no 
pualified  justice  of  the  peace,  as  in  the  township  where  he  resides, 
a 


Sec.  7560  STATE  PRISON  AND  JAILS  2090 

7560.    Coroner's  jurors  to  receive  $2.50  per  day. 

SEC.  19.     Every  person  acting  as  a  juror  under  the  provisions  of  this  act 
shall  receive  the  sum  of  two  dollars  and  fifty  cents  for  each  day's  service. 


STATE  PRISON  AND  JAILS 

STATE  PRISON 

General  act  of  1873  for  the  government  of  the  state  prison,  sections  7561-7581. 

Act  of  1909  relating  to  the  government  of  the  state  prison,  sections  7582-7585. 

Act  to  provide  for  the  release  of  certain  prisoners  in  the  state  prison,  sections  7586,  7587. 

Act  amendatory  of  and  supplementary  to  the  general  act  of  1873  providing  for  the  gov- 
ernment of  the  state  prison,  sections  7588,  7589. 

Act  relating  to  the  expenses  for  the  transportation  of  indigent  insane  persons  and  con- 
victs, sections  7590-7592. 

Act  fixing  the  salary  of  the  warden  of  the  state  prison,  section  7593. 

Act  relating  to  the  recapture  of  escaped  prisoners  from  the  state  prison,  sections  7594, 7595. 

Act  relating  to  payment  to  prisoners  discharged  from  state  prison,  section  7596. 

Act  of  1911  relating  to  employment  of  convicts  on  public  highways  and  providing  a  fund 
therefor,  sections  7597-7602. 

Arrest  in  civil  cases  in  district  court,  section  5087,  et  seq. 

Arrest  in  civil  cases  in  justice's  court,  section  5744,  et  seq. 

Arrest  in  criminal  cases,  sections  6930-6951,  et  seq. 

Contempts,  sections  5394-5407. 

Contempts  punishable  in  justice's  court,  sections  5794-5798. 

Crimes  and  punishments,  sections  6266-6850. 

Death  sentence,  when  imposed,  trial  judge  to  report  statement  of  case  to  governor  as 
chairman  of  board  of  pardons,  section  7269. 

District  attorneys  to  report  to  attorney-general  statement  concerning  all  convictions  of 
indicted  defendants,  section  1608. 

Habeas  corpus,  sections  6226-6263. 

Jurisdiction  of  public  offenses,  supreme  court,  sections  319,  4832,  4834;  district  courts, 
sections  321,  4840,  4848;  justices'  courts,  sections  323,  4851;  municipal  or  recorder's  court, 
sections  316,  324,  4854;  committing  magistrates,  section  6927,  et  seq. 

Juvenile  court  law  under  jurisdiction  of  district  court,  section  729,  et  seq. 

Pardons,  sections  7620-7630. 

Paroles,  sections  7631-7634. 

Parole  may  be  granted  by  board  of  pardons  after  prisoner  has  served  minimum  time 
under  indeterminate  or  indefinite  sentence,  section  7262. 

Prosecution  and  expenses  on  offenses  by  persons  in  or  escaping  from  state  prison,  sec- 
tion 6820. 

Trial  and  sentence  for  crimes  committed  by  imprisoned  persons,  sections  6818,  6819. 

CONSTITUTIONAL  PROVISIONS 

Bail,  excessive  not  to  be  required,  section  235;  U.  S.  Const.,  section  178. 

Bail  to  be  allowed,  except  when,  section  236. 

Civil  process  suspended  on  election  day,  section  253. 

Extradition,  U.  S.  Const.,  section  161. 

Fines,  governor  may  suspend  collection  of  not  exceeding  sixty  days,  section  306. 

Fines,  remission  of,  section  307. 

Habeas  corpus  not  to  be  suspended  except  in  case  of  rebellion  or  invasion,  section  234; 
U.  S.  Const.,  section  130. 

Imprisonment  for  debt  prohibited,  except  for  fraud,  libel  or  slander,  section  243. 

Jeopardy,  no  person  to  be  twice  put  in,  section  237;  U.  S.  Const.,  section  175. 

Judicial  power  of  state  in  supreme  court,  district  courts,  justices  of  the  peace  and 
municipal  courts,  section  316. 

Jurisdiction  of  public  offenses,  supreme  court,  section  319;  district  courts,  section  321; 
justices'  courts,  section  323;  municipal  or  recorder's  court,  sections  316,  324. 

Liberty  guaranteed,  section  230. 

Militia  fine,  imprisonment  for  in  time  of  peace  prohibited,  section  243. 

Pardons,  section  307. 

Search  and  seizure  not  to  take  place  without  oath  and  probable  cause,  section  247;  U.  S. 
Const.,  section  174. 


2091  STATE  PRISON  AND  JAILS  Sec.  75(53 

Slavery  prohibited  except  for  crime,  section  246;  U.  S.  Const.,  section  183. 

Style  of  process,  "The  State  of  Nevada,"  section  328. 

Treason,  governor  may  suspend  sentence  until  convening  of  legislature,  section  306. 

Treason  not  pardonable,  section  307. 

An  Act  to  provide  for  the  government  of  the  state  prison  of  the  State  of  Nevada. 

Approved  March  7,  1873,181 

7 ."i)l.  Prison      commissioners — Powers      of —  7573.  Moneys   received   for   prison   labor   to 

Purchase   supplies — Control   labor —  be  paid  into  prison  fund — Warden 

Dispose  of  products  or  labor — Offi-  to    report    to    commissioners — Paid 

cers  and   employees — Salaries.  to  treasurer — Secretary  to  certify  to 

<  iiivrnmr.    president   of   board — Secre-  controller. 

tary — Quorum.  7~>74.  Action    for    money    due    for    labor    or 

7563.  Secretary  to  keep  books.  m.-itorials. 

7"'i'>l.  Warden,    election    of — Powers,    salary  7  •".">.  Inspection  of  books  and  papers — Who 

and  residence — Subject  to  commis-  niay   inspect — Surrender   to    succes- 

sioners.  sors. 

7  "•  i '•."•.  Warden's  duties  and  powers — Engage  7576.  Divine     service     at     prison — Expense 

and  remove   employees — What   rec-  limited — Bible,    books    -and    papers 

ords  and  accounts  to  keep — Eeports  to  be  furnished. 

— Mileage,  to  certify.  7 "77.  United    States    convicts — Eequired    to 

7566.  Eesidence    of    warden — Monthly    esti-  receive — How  kept — Warden  to  cer- 

mates — Board  to  furnish  supplies —  tify  expense — Controller. 

Provisos.  7578.  Laws,  rules  and  regulations  of  prison 

Accounts  to  be  certified  by  warden —  to  be  kept  at  prison — Visitors. 

Audited  by^commissioners.  7~>7!>.   Penalty    for    violation    of    rules — Bar- 

7568.  Proposals     for     furnishing     supplies —  barous     punishments     of     prisoners 

Notice — Bids — Limited    one    year's  prohibited — Food  and  labor, 

supplies.  7580.  Convicts     granted     credit — How     for- 

7569.  Labor     of     convicts  —  Commissioners  tVitnl     Commissioners   to   regulate. 

have  exclusive  control.  7~M.    Required     to     perform     labor  —  Time 

7570.  Employment    of    prisoners — Power    of  allowed  for  good  behavior — How  f  or- 

board  in  relation  thereto — Order  of  tVited — Notice  and  proof — Attempt 

board  in  such  case.  to  escape,  effect — Commissioners  to 

~."71.  Escaped     convicts,     when      employed  regulate  time  of  discharge. 

away     from     prison — Liability     of  ~~>*-.   Warden    to    execute   bond — Chief   jus- 
commissioners  or  warden.  tice     to     approve — Vacancy,     how 

7-~72.  Prison  extended  over  places  of  labor.  filled. 

7501.  Prison  commissioners,  powers  of  —  Purchase  supplies  —  Control 
labor— Dispose  of  products  or  labor— Officers  and  employees- 
Salaries. 

SECTION  1.  The  board  of  state  prison  commissioners,  as  named  in  sec- 
tion 21  of  article  5  of  the  constitution  [sec.  314]  shall  have  such  super- 
vision of  all  matters  connected  with  the  state  prison  as  is  provided  for  as 
follows:  They  shall  have  full  control  of  all  of  the  state  prison  grounds, 
buildings,  prison  labor,  and  prison  property;  shall  purchase,  or  cause  to 
be  purchased,  all  needed  commissary  supplies,  all  raw  material  and  tools 
necessary  for  any  manufacturing  purposes  carried  on  at  said  prison ;  shall 
sell  all  manufactured  articles  and  stone,  and  collect  the  money  for  the 
same;  shall  rent  or  hire  out  any  or  all  of  the  labor  of  the  convicts,  and 
collect  the  money  therefor,  and  shall  regulate  the  number  of  officers  and 
employees,  and  fix  the  salaries  thereof.  As  amended,  Stats.  1877,  66; 
1893,  101. 

See  sees.  314,  7565,  7569,  7570,  7601. 

7562.  Governor,  president  of  board— Secretary— Quorum. 

SEC.  2.  The  governor  shall  be  the  president,  and  the  secretary  of  state 
secretary  of  the  board ;  and  any  two  thereof  shall  be  a  quorum,  with  full 
power  to  transact  any  business  that  may  be  required  of  such  board. 

Deputy  secretary  of  state  secretary  of  board,  sec.  4395. 
Cited,  Denver  \".  Hobart,  10  Nev.  28,  32. 

7563.  Secretary  to  keep  books. 

SEC.  3.     It  shall  be  the  duty  of  the  secretary  to  keep,  or  cause  to  be  kept, 


Sec.  7564  STATE  PRISON  AND  JAILS  2092 

a  full  and  complete  account,  in  a  book  or  books  to  be  kept  for  that  purpose, 
all  of  the  transactions  and  proceedings  of  the  board.  As  amended,  Stats. 
1877,  66. 

Cited,  Denver  v.  Hobart,  10  Nev.  28,  32. 

7564.  Warden,  election   of— Powers,  salary   and   residence— Subject   to 

commissioners. 

SEC.  4.  On  the  third  Wednesday  in  January,  A.  D.  1895,  the  board  of 
state  prison  commissioners  shall  elect  a  warden  of  the  state  prison.  The 
warden  so  elected  shall  take  charge  of  the  same  on  the  first  day  of  Febru- 
ary following  his  election,  and  shall  hold  office  until  his  successor  is  elected 
and  qualified.  He  shall  be  subject,  at  all  times,  to  the  order  and  direction 
of  said  board  of  state  prison  commissioners.  The  warden  shall  be  the 
chief  executive  officer  of  the  prison,  at  a  salary  of  two  thousand  dollars 
per  annum,  and  shall  reside  at  the  prison.  As  amended,  Stats.  1877,  66; 
1885,  69;.  1893,  101. 

Salary  of  warden,  see  sec.  7593. 

Cited',  Denver  v.  Hobart,  10  Nev.  28,  32. 

7565.  Warden's  duties  and  powers— Engage  and   remove   employees— 

What  records  and  accounts  to  keep— Reports— Mileage,  to  certify. 

SEC.  5.  The  warden  shall  have  the  general  superintendence  of  prison 
discipline  and  prison  labor ;  shall  have  the  power  to  engage  and  remove  all 
employees;  shall  keep  or  cause  to  be  kept,  a  book,  wherein  shall  be 
recorded  the  name,  age,  sex,  occupation,  place  of  birth,  where  sent  from, 
the  crime  charged,  date  of  incarceration,  and  expiration  of  term  for  which 
the  prisoners  therein  confined  why  [were]  sentenced,  and  shall  make  out  a 
correct  monthly  report  of  the  same,  and  file  such  report  with  the  secretary 
of  the  board,  and  shall  securely  and  carefully  file  in  his  office  all  commit- 
ments of  prisoners  that  may  be  sent  to  the  state  prison,  and  keep,  or  cause 
to  be  kept,  a  correct  account,  and  certify  any  mileage  that  may  be  due  to 
any  sheriff  or  deputy  sheriff  for  conveying  prisoners  to  the  state  prison. 
As  amended,  Stats.  1877,  67;  1893,  101. 

See  sees.  7561,  7588. 

Cited,  State  ex  rel.  Fox  v.  Hobart,  13  Nev.  420,  421. 

7566.  Residence  of  warden— Monthly  estimates— Board  to  furnish  sup- 

plies—Provisos. 

SEC.  6.  The  warden  shall  reside  at  the  state  prison,  and  shall,  within 
five  days  before  the  expiration  of  each  month  make  out  a  complete  state- 
ment of  the  probable  or  estimated  amount  of  clothing,  provisions,  medi- 
cines, and  all  other  stores  and  necessaries,  and  character  and  quality  of  the 
same,  and  make  a  requisition  upon  the  commissioners;  and  they  shall,  as 
soon  thereafter  as  possible,  furnish,  or  cause  to  be  furnished,  the  articles, 
provisions,  or  stores  thus  required,  or  so  much  thereof  as  they  may  deem 
necessary  for  the  use  of  the  prison  during  the  ensuing  month;  provided, 
that  no  supplies  shall  be  purchased  or  articles  furnished  the  prison  at  a 
greater  price  than  the  usual  market  rates  for  such  articles ;  and,  provided 
further,  that  nothing  herein  contained  shall  be  so  construed  as  to  prevent 
the  commissioners  from  furnishing  any  necessary  article,  at  any  time  not 
enumerated  in  the  monthly  requisition  of  the  warden,  or  from  purchasing 
or  contracting  for  a  greater  than  a  monthly  supply  of  any  article  used  in 
said  prison,  when  deemed  for  the  best  interest  of  the  state. 

Officials  not  to  be  interested  in  contracts,  sees.  2827,  6331. 

7567.  Accounts  to  be  certified  by  warden— Audited  by  commissioners. 

SEC.  7.  All  accounts  for  provisions,  clothing,  medicines,  fuel,  lights,  or 
other  supplies  or  stores  furnished  to  the  state  prison,  as  prescribed  in  the 


2093  STATE  PRISON  AND  JAILS  Sec,  7571 

preceding  section,  shall  be  presented  to  the  warden,  and  if  the  articles 
therein  enumerated  shall  have  been  received  he  shall  so  certify,  and  the 
account  so  certified  shall  be  delivered  to  the  secretary  of  the  board,  and  if 
the  account  be  correct,  and  the  articles  therein  named  were  purchased  or 
ordered  by  the  board,  they  shall  audit  and  allow  the  claim.  All  claims  for 
salaries,  repairs,  buildings,  or  labor  shall  be  certified  to  by  the  warden, 
presented,  allowed,  and  paid  as  other  indebtedness  against  the  state  prison. 

7568.  Proposals  for  furnishing   supplies  —  Notice—  Bids  —  Limited   one 

year's  supplies. 

SEC.  8.  The  board  of  commissioners  may,  whenever  in  their  judgment 
it  would  be  for  the  best  interest  of  the  state,  advertise  for  sealed  proposals 
for  the  furnishing  of  supplies  to  the  state  prison.  Notice  of  the  time  and 
place  of  the  letting  of  each  contract  shall  be  given  for  at  least  two  con- 
secutive weeks  in  some  newspaper  published  within  this  state.  Such 
notice  shall  state  the  character,  quality,  and  quantity  of  the  supplies 
required,  and  any  person  may  bid  for  the  furnishing  of  all  or  any  part  of 
the  articles  enumerated  in  the  notice;  provided,  that  no  contract  shall  be 
for  furnishing  more  than  one  year's  supplies,  as  estimated  by  the  warden. 

7569.  Labor  of  convicts— Commissioners  Iwve  exclusive  control. 

SEC.  9.  The  board  of  commissioners  may,  in  their  discretion,  cause  the 
prisoners,  or  any  number  of  them,  to  be  employed  in  any  mechanical  pur- 
suits, and  at  hard  labor,  and  furnish  such  convicts  thus  employed  with  any 
material  that  may  be  deemed  necessary,  in  the  same  manner  as  is  provided 
for  the  furnishing  of  supplies  and  stores  to  the  state  prison,  and  they  shall, 
in  all  respects,  have  the  exclusive  control  of  the  employment  of  the  con- 
victs, and  may  from  time  to  time  employ  them  in  such  manner  as,  in  their 
opinion,  will  best  subserve  the  interest  of  the  state  and  welfare  of  the 
prisoners. 

Kmplnymeiit  on  public  highways,  sees.  7~>i>l,  7-V.»7  7<>01. 

See  sec.  442U. 

A  sentence  of  one  «-on\  irted  of  ^rand  lar-  are  mere  surplusage,  and  in  no  manner  affect 
•  •eiiv  to  five  vears  at  hard  labor  is  not  void;  the  validity  of  the  judgment.  Ex  I'm  ti- 
the' words  "at  hard  labor"  iji  said  sentence  Ma  her,  ITS  Nev.  422,  424  (62  P.  1). 

7570.  Employment  of  prisoners— Power  of  board  in  relation  thereto— 

Order  of  board  in  such  ease. 

SEC.  10.  If,  at  any  time,  the  board  of  commissioners  be  of  the  opinion 
that  it  would  be  to  the  interest  of  the  state  to  employ  any  portion  of  the 
prisoners,  either  within  or  without  the  walls  or  inclosures  of  the  state 
prison,  either  in  improvement  of  the  public  grounds  or  buildings,  or  for 
hire  upon  any  private  work  or  employment,  where  they  may  be  profitably 
employed,  they  shall  have  power  to  so  employ  or  hire  such  labor;  they 
shall,  in  such  case,  direct  the  warden  accordingly  in  writing,  and  cause  a 
record  of  such  order  to  be  entered  at  length  on  the  records  of  the  board. 
All  such  employment  outside  of  the  prison  walls  or  inclosures  shall  be 
within  a  reasonable  distance  from  the  prison.  As  amended,  Stats.  1875.  62. 

See  sec.  7561. 

Employment  of  U.  S.  prisoners  in  jail,  sec.  7610. 

See  Ex  Parte  Maher,  under  sec.  9  of  this  act. 

7571.  Escaped  convicts  when  employed  away  from  prison— Liability  of 

commissioners  or  warden. 

SEC.  11.  The  warden  and  officers  of  the  prison  shall  incur  no  forfeiture 
for  the  escape  of  any  convict  employed  without  the  walls  or  inclosures  of 
the  prison  by  order  of  the  commissioners,  or  going  to  or  returning  from 
such  employment,  unless  such  escape  should  arise  from  neglect  or  violation 
of  law,  or  the  rules,  regulations,  or  by-laws  of  the  commissioners. 
132 


Sec.  7572  STATE  PRISON  AND  JAILS  2094 

7572.  Prison  extended  over  places  of  labor. 

SEC.  12.  The  state  prison  is  hereby  declared  to  extend  to  and  over  any 
place  or  places  of  employment  of  the  convicts  without  the  walls  or  inclo- 
sures  of  the  prison,  at  which  convicts  may  be  employed,  as  provided  in 
section  9  of  this  act. 

7573.  Moneys  received  for  prison  labor  to  be  paid  into  prison  fund- 

Warden  to  report  to  commissioners— Paid  to  treasurer— Secretary 
to  certify  to  controller. 

SEC.  13.  All  sums  that  are  now  or  may  hereafter  become  due  to  the  state 
for  any  manufactured  articles  sold,  or  for  labor  performed  either  within 
or  without  the  prison  walls  or  inclosures,  shall  be  certified  to  under  oath 
by  the  warden  to  the  board  of  prison  commissioners,  who  shall  receive  and 
receipt  for  the  same ;  and  all  moneys  thus  received  shall  be  paid  into  the 
state  treasury,  and  the  treasurer  shall  place  the  same  to  the  credit  of  the 
state  prison  fund;  and  the  secretary  of  said  board  shall  make  a  report 
thereof  to  the  controller  on  or  before  the  tenth  of  each  month.  As  amended, 
Stats.  1875,116. 

7574.  Action  for  money  due  for  labor  or  materials. 

SEC.  14.  The  board  of  commissioners,  or  either  of  them,  are  hereby 
authorized  to  commence  and  maintain  an  action  in  their  or  his  own  name, 
for  the  collection  of  any  debt  due,  or  that  may  become  due,  from  any  person 
or  persons,  for  any  manufactured  article  sold,  labor  performed  by  convicts, 
for  the  enforcement  of  any  contracts  made  by  the  commissioners,  or 
damages  for  the  nonf  ulfilment  of  any  contract ;  such  suits  to  be  commenced 
and  maintained  as  provided  by  law  in  other  cases. 

7575.  Inspection  of  books  and  papers— Who  may  inspect— Surrender  to 

successors. 

SEC.  15.  All  books  and  papers  kept  by  or  under  the  direction  of  the  sec- 
retary of  'the  board  and  the  warden  of  the  state  prison,  shall,  at  all  times, 
on  all  legal  days,  be  open  to  the  inspection  of  the  commissioners,  all  state 
officers,  members  of  the  legislature,  and  the  sheriffs  of  the  several  counties 
of  this  state ;  and  shall,  at  the  expiration  of  their  term  of  office,  be  deliv- 
ered over  to  their  successors. 

7576.  Divine  service  at  prison— Expense  limited— Bible,  books  and  papers 

to  be  furnished. 

SEC.  16.  It  shall  be  the  duty  of  the  commissioners  to  provide  for  the 
holding  of  divine  service  in  the  state  prison  on  each  Sabbath  day,  and  for 
that  purpose  may  secure  the  services  of  one  or  more  ministers  of  the 
gospel;  provided,  the  expense  thus  incurred  shall  not  exceed  the  sum  of 
five  hundred  and  twenty  dollars  per  annum.  They  shall  also  furnish  each 
convict  with  a  copy  of  the  Bible,  and  such  other  books  and  papers  as  may 
be  deemed  for  the  well-being  of  the  prisoners. 

7577.  United  States  convicts— Required  to  receive— How  kept— Warden 

to  certify  expense— Controller. 

SEC.  17.  The  commissioners  and  the  warden  of  the  state  prison  are 
hereby  required  to  receive  all  criminals  sentenced  to  the  state  prison  by 
the  authorities  of  the  United  States,  and  to  keep  them  at  hard  labor  or  in 
solitary  confinement,  agreeably  to  the  order  of  the  court  pronouncing  such 
sentence,  until  legally  discharged  therefrom ;  and  the  warden  shall  certify 
to  the  board  the  expense  of  keeping  all  convicts  thus  sentenced,  and  said 
board  shall  certify  the  same  to  the  state  controller. 


2095  STATE  PRISON  AND  JAILS  Sec.  7581 

7-">78.     Laws,  rules   and   regulations  of  prison   to  be   kept  at  prison- 
Visitors. 

SEC.  18.  The  board  of  commissioners  shall,  from  time  to  time,  cause  to 
be  placed  in  some  conspicuous  place  or  places  about  the  prison,  so  much  of 
the  laws  of  the  state,  and  the  rules,  regulations,  and  by-laws  of  the  state 
prison,  as  relates  to  the  intercourse  between  visitors  to  the  prison  and 
the  prisoners  therein  confined. 

7-">7i>.    Penalty  for  violation  of  rules— P>arbarous  punishments  of  prison- 
ers prohibited— Food  and  labor. 

SEC.  19.  Any  person  who  shall  violate  any  of  the  rules,  regulations,  or 
by-laws  of  the  prison,  as  adopted  and  published  by  the  state  prison  com- 
missioners, shall  be  subject  to  such  penalties  as  may  be  prescribed  by  the 
commissioners,  and  proceeded  against  in  such  manner  as  may  be  prescribed 
by  law  and  the  rules  of  said  commissioners;  provided,  that  no  barbarous 
punishments,  by  whipping,  showering,  or  otherwise,  shall  be  prescribed 
by  such  board  of  commissioners;  nor  shall  convicts,  as  punishment,  be 
deprived  of  regular  rations  of  food,  and  at  the  same  time  compelled  to 
work  the  usual  number  of  hours  per  day. 

Inhumanity  t<>  prisoners,  penalty,  sec.  L'SlS. 

7580.  Convicts  gran  ted  credit— How  forfeited— Commissioners  to  regulate, 

SEC.  20.  The  board  of  commissioners  are  hereby  authorized  and 
required  to  grant  to  any  convict  confined  in  the  state  prison,  who  shall  well 
behave  himself,  and  who  shall  perform  regular  labor  during  good  health, 
either  within  or  without  the  state  prison  inclosure,  a  credit  of  six  days  for 
each  month  of  such  regular  work  and  good  behavior,  such  credit  to  be 
computed  in  favor  of  any  such  convict  as  a  commutation  of  sentence,  and  to 
be  deducted  from  the  entire  term  of  penal  servitude  to  which  such  convict 
shall  have  been  sentenced;  provided,  that  said  rule  of  commutation  shall 
be  so  applied  that  the  six  days  of  credit  thus  earned  or  allowed  shall  be  for- 
feited by  any  refusal  to  labor,  breach  of  the  prison  rules  or  other  miscon- 
duct as  may  be  hereafter  prescribed  by  the  commissioners  during  the 
month  next  succeeding  that  in  which  such  credit  may  have  been  allowed. 
As  amended,  Stats.  1887,  96. 

See  sees.  7">S1,  7">s:>. 

7581.  Required  to  perform  labor— Time  allowed  for  good  behavior— How 

forfeited— Notice  and  proof— Attempt  to  escape— Effect— Commis- 
sioners to  regulate  time  of  discharge. 

SEC.  21.  The  board  of  commissioners  shall  require  of  every  .able-bodied 
convict  in  said  prison  as  many  hours  of  faithful  labor  in  each  and  every 
day  during  his  term  of  imprisonment  as  shall  be  prescribed  by  the  rules 
and  regulations  of  the  prison,  and  every  convict  faithfully  performing  such 
labor  and  being  in  all  respects  obedient  to  the  rules  and  regulations  of  the 
prison,  or  if  unable  to  work,  yet  faithful  and  obedient,  shall  be  allowed 
from  his  term,  instead  and  in  lieu  of  the  commutation  heretofore  allowed 
by  law,  a  deduction  of  two  months  in  each  of  the  first  two  years,  three 
months  in  each  of  the  next  two  years,  and  four  months  in  each  of  the 
remaining  years  of  said  term;  provided,  that  any  such  convict  who  shall 
commit  an  assault  upon  his  keeper,  or  any  foreman,  officer  or  convict,  or 
otherwise  endanger  life,  or  by  any  flagrant  disregard  of  the  rules  of  the 
prison,  or  any  misdemeanor  whatever,  shall  forfeit  all  deductions  of  time 
earned  by  him  for  good  conduct  before  the  commission  of  such  offense; 
forfeiture,  however,  shall  only  be  made  by  the  board  of  commissioners 
after  due  proof  of  the  offense  and  notice  to  the  offender;  nor  shall  such 


Sec.  7582  STATE  PRISON  AND  JAILS  2096 

forfeiture  be  imposed  when  a  party  has  violated  any  rule  or  rules  without 
violence  or  evil  intent,  of  which  the  board  of  commissioners  shall  be  the 
sole  judges.  The  name  of  no  convict  who  attempts  to  escape,  after  the 
passage  of  this  act,  shall  be  sent  by  the  warden  or  state  prison  officials  to 
the  board  of  commissioners  for  the  commutation  herein  provided;  pro- 
vided, further,  that  of  those  prisoners  entitled  to  their  discharge  at  the  date 
of  the  passage  of  this  act  by  virtue  of  the  provisions  hereof,  not  more 
than  one  shall  be  discharged  on  any  one  day,  and  the  discharge  shall  be 
made  under  the  directions  of  the  board  of  commissioners.  As  amended, 
Stats.  1881,  109. 

See  sees.  7580,  7585,  7600. 

The  act  in  question,  in  so  far  as  it  ciary.  Ex  Parte  Darling-,  16  Nev.  98,  99 
attempts  to  commute  any  portion  of  a  sen-  (40  A.  K.  495) ;  Ex  Parte  Woodburn,  32  Ne\ . 
tence  imposed  by  the  courts  prior  to  the  136  (104  P.  245). 

time  the  act  took  effect,  is  inoperative  and  See  Ex  Parte  Mahe'r,  under  sec.  9  of  this 

void,    because    it    interferes    with    the    judi-       act. 

7582.  Warden  to  execute  a  bond— Chief  justice  to  approve— Vacancy,  how 

filled. 

SEC.  22.  The  warden,  before  entering  upon  the  discharge  of  his  duties, 
shall  execute  a  bond  in  such  sum  as  the  board  of  commissioners  shall 
designate,  not  exceeding  twenty  thousand  dollars,  for  the  faithful  dis- 
charge of  his  duties,  which  bond  shall  be  given  to  the  State  of  Nevada, 
approved  by  the  chief  justice  of  the  supreme  court,  and  filed  with  the 
secretary  of  state.  (SEC.  6.)  In  the  event  of  the  death  or  resignation  of 
the  warden  so  elected,  the  vacancy  shall  be  filled  by  the  board  of  state 
prison  commissioners.  As  amended,  Stats.  1877,  67. 

[Sec.  23  obsolete.] 

An  Act  to  provide  for  the  government  of  the  state  prison  of  the  State  of  Nevada, 
and  repealing  other  acts  in  so  far  as  they  conflict  with  the  provisions  of 
this  act. 

Approved  March  13.  1909.  98 

7583.  Warden  to  classify  and  separate  pris-        7585.  Commissioners  to  require  labor — Sched- 

oners — How  graded — Clothing  regu-  ule    of    credits    allowed — How    for- 

lations.  feited — Convict    entitled    to    notice 

7584.  Idem — Warden    to    make    rules — How  and  hearing — Eestoration. 

posted  and  distributed. 

7583.    Warden  to  classify  and  separate  prisoners— How  graded— Cloth- 
ing regulations. 

SECTION  1.  Immediately  upon  and  after  the  completion  of  necessary 
arrangements  therefor,  it  shall  be  the  duty  of  the  warden  of  the  state 
prison  to  classify  and  separate  the  prisoners  into  three  grades,  as  follows : 

In  the  first  grade  shall  be  included  those  appearing  to  be  corrigible  or 
less  vicious  than  the  others,  and  likely  to  observe  the  laws  and  discipline  of 
the  prison  and  maintain  themselves  by  honest  industry  after  their  dis- 
charge. In  the  second  grade  shall  be  included  those  appearing  to  be  incor- 
rigible or  more  vicious,  but  so  competent  to  work  and  so  reasonably 
obedient  to  prison  discipline  as  not  to  seriously  interfere  with  the  pro- 
ductiveness of  their  labor,  or  of  the  labor  of  those  with  whom  they  may  be 
employed.  In  the  third  grade  shall  be  included  those  who  are  incorrigible 
or  so  insubordinate  as  to  seriously  interfere  with  the  discipline  of  the 
prison  or  with  the  productiveness  of  its  labor. 

The  prison  garb  or  dress  of  the  prisoners  as  above  classified  shall  be  as 
follows :  The  outer  dress  of  those  prisoners  comprising  the  first  grade  shall 
be  of  one  color  throughout,  said  color  to  be  selected  by  the  state  prison 
commission.  Those  prisoners  comprising  the  second  grade,  as  herein- 
before classified,  shall  be  dressed  in  clothing  of  the  regulation  prison 


2097 


STATE  PRISON  AND  JAILS 


Sec.  7585 


stripes.  And  the  outer  clothing  of  those  prisoners  comprising  the  third 
class  shall  be,  trousers  of  the  regulation  stripes,  but  their  shirt  and  coat 
shall  be  red  in  color. 

7584.  Idem— Warden  to  make  rules— How  posted  and  distributed. 

SEC.  2.  The  warden  shall  also  make  and  adopt  rules  for  the  separation 
and  classification  of  prisoners  for  their  promotion  and  reduction  from  one 
grade  to  another,  and  from  time  to  time  to  change  and  amend  the  same  as 
circumstances  may  require.  In  making  such  rules  and  regulations,  the 
warden  shall,  as  far  as  practicable,  consistent  with  the  discipline  of  the 
prison,  adopt  such  rules  as  shall,  in  his  judgment,  be  most  conducive  to 
the  reformation  of  the  convicts.  A  printed  copy  of  the  rules  and  regula- 
tions shall,  with  the  approval  of  the  prison  commissioners,  be  furnished 
every  officer  and  guard  at  the  time  he  is  appointed  and  sworn,  and  so  much 
thereof  as  relates  to  the  duties  and  obligations  of  the  convicts  shall  be 
hung  up  in  a  conspicuous-  place  in  each  cell  and  shop,  and  such  rules  shall, 
so  far  as  practicable,  be  written  or  printed  in  a  language  known  to  the 
convict  occupying  the  cell. 

7585.  Commissioners  to  require  labor— Schedule  of  credits  allowed— How 

forfeited— Convict  entitled  to  notice  and  hearing— Restoration. 

SEC.  3.  The  state  board  of  prison  commissioners  shall  require  of  every 
able-bodied  convict  confined  in  the  state  prison  as  many  hours  of  faithful 
labor  in  each  and  every  day  during  his  term  of  imprisonment  as  shall  be 
prescribed  by  the  rules  and  regulations  of  the  prison.  Every  convict  who 
shall  have  no  infraction  of  the  rules  and  regulations  of  the  prison,  or  laws 
of  the  state,  recorded  against  him,  and  who  performs  in  a  faithful,  orderly 
and  peaceable  manner  the  duties  assigned  to  him,  shall  be  allowed  for  his 
term,  instead  of  and  in  lieu  of  the  credits  heretofore  allowed  by  law,  a 
deduction  of  two  months  in  each  of  the  first  two  years,  four  months  in 
each  of  the  next  two  years,  and  five  months  in  each  of  the  remaining  years 
of  said  term,  and  pro  rata  for  any  part  of  a  year  where  the  sentence  is  for 
more  or  less  than  a  year.  The  mode  of  reckoning  credits  shall  be  as  shown 
in  the  following  table : 

SCHEDULE  OF  CREDITS 


Number  of  years  of  sentence 


Good  time 
prranted 


Total  good  time  made 


Time  to  be  served  if  full 
time  is  made 


First  year 2  months 

Second  year.     2  months 

Third  year  4  months 

Fourth  year 4  months 

Fifth  year 5  months 

Sixth  year 5  months 

Seventh  year 5  months 

Kighth  year 5  months 

Ninth  year.... 5  months 


Tenth  vear 


5  months 


2  months  10  months 

4  months  1  year,  8  months 

8  months  2  years,  4  months 

1  year  3  years 

1  year,    5  months  3  years,    7  months 

1  year,  10  months  4  years,    2  months 

2  years,  3  months  4  years,    9  months 

2  years,  8  months  5  years,    4  months 

3  years,  1  month  5  years,  11  months 
3  years,  6  months  6  years,    5  months 


and  so  on  through  as  many  years  as  may  be  the  term  of  the  sentence.  Each 
convict  shall  be  entitled  to  these  deductions  unless  the  board  of  commission- 
ers shall  find  that  for  misconduct  or  other  cause  reported  by  the  warden 
he  shall  not  receive  them.  But  if  any  convict  shall  commit  any  assault 
upon  his  keeper  or  any  foreman,  officer,  convict  or  person,  or  otherwise 
endanger  life,  or  shall  be  guilty  of  any  flagrant  disregard  of  the  rules  of 
the  prison,  or  commit  any  misdemeanor,  or  in  any  manner  violate  any  of 
the  rules  and  regulations  of  the  prison,  he  shall  forfeit  all  deductions  of 
time  earned  by  him  for  good  conduct  before  the  commission  of  such  offense, 
or  that  under  this  section  he  may  earn  in  the  future,  or  shall  forfeit  such 


Sec.  7586  STATE  PRISON  AND  JAILS  2098 

part  of  such  deductions  as  to  the  prison  commissioners  may  seem  just;  such 
forfeiture,  however,  shall  be  made  only  by  the  prison  commissioners  after 
due  proof  of  the  offense  and  notice  to  the  offender ;  nor  shall  any  forfeiture 
be  imposed  when  the  party  has  violated  any  rule  without  violence  or  evil 
intent,  of  which  the  commission  shall  be  the  sole  judges.  The  commission 
shall  have  power  to  restore  credits  forfeited  for  such  reasons  as  by  them 
may  seem  proper. 

See  sees.  7580,  7581, 7600. 

Stats.     1909,     98,    providing    for     greater  the  judiciary.     Ex  Parte  Woodburn,  32  Xev. 

credits  to  prisoners  for  good  behavior  than  136(104:  P.  245). 

were   authorized    by   prior    acts,   is    void    so  Courts    are    only    justified    in    overruling 

far  as  it  attempts  to  commute  any  part  of  former  decisions  where  the  same  are  deemed 

a    sentence    imposed    prior    to    its    passage,  to  be  clearly  erroneous.     Idem, 
because  it  interferes  with  the  functions  of 

An  Act  to  provide  for  the  release  of  certain  prisoners  confined  in  the  Nevada 

state  prison. 

Approved  February  13. 1879.  32 

7586.  Commissioners  authorized  to  select  legislative  committee— Duty 

of  committee. 

SECTION  1.  The  board  of  state  prison  commissioners  are  hereby  author- 
ized and  allowed,  immediately  on  the  assembling  of  the  state  legislature, 
or  as  soon  thereafter  as  practicable,  to  select  a  commission  to  consist  of 
two  members  of  the  senate  and  three  of  the  house,  who  shall  visit  the  state 
prison  and  consult  the  warden,  and  ascertain  if  there  are  any  prisoners 
that,  by  reason  of  long  confinement,  or  good  conduct,  or  other  circum- 
stances, should  in  their  opinion  be  pardoned. 

7587.  Idem— Duty  to  file  report— Presented  to  board  of  pardons— Restric- 

tions on  recommendations. 

SEC.  2.  It  shall  be  the  duty  of  the  commission  provided  for  in  section  1 
of  this  act  to  file  a  report  of  their  conclusions  and  recommendations  before 
the  adjournment  of  the  legislature  with  the  secretary  of  the  board  of 
pardons,  to  be  presented  to  said  board  at  its  next  regular  meeting,  provid- 
ing that  the  report  and  recommendations  provided  for  in  this  act,  shall  not 
contain  recommendations  for  the  pardon  of  more  than  ten  per  cent  of  the 
prisoners  contained  in  said  state  prison. 

An  Act  amendatory  of  and  supplementary  to  an  act  to  provide  for  the  govern- 
ment of  the  state  prison  of  the  State  of  Nevada,  approved  March  seventh, 
eighteen  hundred  and  seventy-three. 

Approved  March  2. 1875.  116 

[Section  1  amends  sec.  13  of  the  act  of  March  7,  1873,  sec.  7573.] 

7588.  Monthly  statement  by  warden,  in  duplicate— Filed  with  secretary 

and  controller— Contents. 

SEC.  2.  On  or  before  the  tenth  of  each  month,  the  warden  shall  prepare 
a  statement  in  duplicate,  setting  forth  in  detail  the  number,  value,  and 
description  of  all  articles  manufactured  for  sale  at  the  prison,  and  the 
number  and  value  of  all  articles  sold  during  the  preceding  month.  The 
original  he  shall  file  with  the  secretary  of  the  board  of  prison  commission- 
ers, and  the  duplicate  with  the  state  controller. 

See  sec.  7565. 

7589.  Quarterly  statement  of  warden,  in  duplicate— Contents— Where 

filed. 
SEC.  3.    The  warden  shall  also  prepare  a  quarterly  statement,  which 


2099  STATE  PRISON  AND  JAILS  Sec.  7593- 

shall  be  in  duplicate,  and  filed  with  the  secretary  of  the  board  and  the  state 
controller,  setting  forth  in  detail  the  amount,  description,  and  value  of  all 
articles  sold  during  the  preceding  quarter,  the  amount  of  money  collected 
from  such  sales,  the  amount  outstanding,  what  for  and  by  whom  owed,  the 
amount,  description  and  value  of  manufactured  and  unmanufactured  stock 
on  hand,  and  the  amount,  description,  and  value  of  all  tools  and  machinery 
on  hand  connected  with  the  manufacture  of  articles  at  the  prison. 
See  sec.  75<io. 

An  Act  relating  to  the  transportation  of  indigent  insane  persons  and  convicts. 

Approved  February  15.  1875.  63 

7590.  Expenses  of  transporting  convicts  and  indigent  insane,  how  paid. 
SECTION  1.    The  expense  of  transporting  convicts  and  indigent  insane 

persons  from  the  various  counties  of  the  state,  to  the  state  prison  and 
insane  asylum,  shall  constitute  a  charge  upon  the  state,  and  shall  be  paid 
by  the  state  treasurer  on  the  controller's  warrant,  to  be  issued  on  the 
approval  by  the  board  of  state  prison  commissioners  of  the  claim  of  the 
person  having  charge  of  the  transportation  of  any  such  convict,  or  by  the 
board  of  examiners,  of  the  claim  of  the  person  having  charge  of  the  trans- 
portation of  any  such  indigent  insane  person ;  the  expense  of  transporting 
convicts  to  be  paid  out  of  the  appropriation  for  the  support  of  the  state 
prison,  and  the  expense  of  transporting  indigent  insane  persons  out  of  the 
appropriation  for  the  support  of  the  indigent  insane. 

Sec  sees.  7:5x5,  :<><)<;. 

Insane  prisoners  transferred  to  asylum,  sees.  L'L'OX,  I'L'IM). 

7591.  .Idem— What  expenses  assumed  by  the  state— \Yliat  county  to  pav- 

Per  diem  of  officer. 

SEC.  2.    The  expenses  to  be  paid  under  this  act  shall  be : 
First — The  actual  expenses  of  the  officer  in  charge  of  the  indigent  insane 
person  or  persons,  convict  or  convicts,  in  traveling  to  and  from  the  state 
prison  or  insane  asylum. 

Second — The  necessary  expense  of  transporting  the  insane  person  or 
persons,  convict  or  convicts,  and  the  sum  of  five  dollars  per  diem  to  the 
officer  in  charge;  provided,  that  in  all  cases  where  an  appeal  shall  have 
been  sustained  by  the  supreme  court,  further  transportation  of  the  convict 
or  convicts,  shall  be  at  the  expense  of  the  county  in  which  said  convict  or 
convicts  were  convicted,  at  the  same  per  diem  and  expense  as  previously 
provided  in  this  section.  As  amended,  Stats.  1891,  25. 

7592.  Idem— No  unnecessary  expense— Prisoners  transported  collectively. 
SEC.  3.    The  officer  in  charge  shall  transport  at  the  same  time  all  per- 
sons awaiting  transportation,  and  the  board  of  state  prison  commissioners 
or  examiners  shall  not  allow  any  extra  expense  incurred  by  the  making 
unnecessary  trips  in  transporting  separately  persons  who  might  be  trans- 
ferred at  the  same  time. 

^An  Act  fixing  and  regulating  the  salary  of  the  warden  of  the  state  prison. 

Approved  March  5.  1909.  71 

7593.  Salary  of  warden. 

SECTION  1.  From  and  after  the  first  day  of  March,  A.  D.  1909,  the  sal- 
ary of  the  warden  of  the  state  prison  shall  be  and  the  same  is  hereby  fixed 
at  three  thousand  dollars  per  annum,  payable  in  equal  monthly  install- 
ments, out  of  the  general  fund  in  the  state  treasury,  in  the  same  manner  as 
other  state  officers  are  paid. 

See  sec.  75(>4. 


*<'<••  7594  STATE  PRISON  AND  JAILS  2100 

An  Act  concerning  escaped  prisoners  and  the  recapture  of  the  same. 

Approved  March  1,  1866.  164 

7594.  Warden  may  issue  warrant  for  arrest  of  escaped  prisoners. 

SECTION  1.  Hereafter,  when  any  prisoner  or  prisoners  escape  from  the 
state  prison  of  this  state,  it  shall  be  lawful  for  the  warden  of  the  state 
prison  to  issue  a  warrant  for  the  recapture  of  said  escaped  prisoner  or 
prisoners,  which  warrant  shall  have  force  and  effect  in  any  county  in  this 
state,  and  may  command  the  sheriff  of  any  county  in  this  state,  or  any 
constable  thereof ,  or  any  police  officer  of  any  city  in  this  state,  to  arrest 
said  prisoner  or  prisoners,  and  make  return  to  the  warden,  with  the 
prisoner  or  prisoners  who  may  be  arrested  under  said  warrant. 

Prison  extended  over  place  of  .labor,  sec.  7572. 

7595.  Expenses  for  recapture— Charge  against  state— Proviso. 

SEC.  2.  Any  and  all  expenses  of  enforcing  the  provisions  of  this  act,  or 
in  any  wise  appertaining  to  the  recapture  and  return  of  escaped  convicts 
to  the  state  prison,  shall  be  a  charge  against  the  state,  and  shall  be  paid  out 
of  the  state  prison  fund;  provided,  however,  that  said  escape  be  not  the 
result  of  carelessness,  incompetency,  or  other  official  delinquency  of  the 
warden  or  other  officers  of  the  state  prison. 

An  Act  relating  to  prisoners  discharged  from  the  state  prison. 

Approved  February  1. 1875,  49 

7596.  Discharged  prisoner  furnished  money. 

SECTION  1.  Whenever  any  prisoner  shall  be  discharged  from  the  state 
prison  of  this  state,  either  by  expiration  of  his  term  of  sentence,  or  by 
pardon,  the  warden  shall  furnish  him  twenty-five  dollars  in  coin,  the  same 
to  be  allowed  and  paid  out  of  the  state  prison  fund,  the  same  as  any  other 
claim  against  said  fund. 

See  sec.  7632. 

No  part  of  discharge  money  to  be  used  in  employing  attorney  to  present  case  before  board 
of  pardons  or  parole,  see  rule  14  of  board  of  pardons,  following  sec.  7630. 

An  Act  authorizing  and  relating  to  the  employment  of  convicts  on  the  public 
roads  and  highways,  providing  a  general  road  fund  in  the  state  treasury 
to  defray  the  expenses  thereof,  and  for  other  purposes. 

Approved  March  16. 1911.  73 

7.1H7.  Appropriation   for   general   road   fund.  7600.  Pay  and  additional  time  off  for  con- 
7o98.  Commissioners  may  detail  convicts  for  victs  on  public  road  work — May  be 

road  work — Warden   to   recommend  paid  to  dependents  of  convict. 

—Not  compulsory.  7601.  Prison   board  to   specify  public   roads 
7 .".«)!).  ^Regulations  concerning  same — General  upon    which    convicts    shall    work — 

direction   of   warden — Not   required  Duties  of  state  engineer  and  county 

to   wear  stripes — Maximum   punish-  surveyors — Preliminary     agreement 

ment.  with  county. 

7602.  Disbursements,  how  regulated. 

7597.  Appropriation  for  general  road  fund. 

SECTION  1.  The  sum  of  twenty  thousand  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated  which 
shall  constitute  a  fund  to  be  known  as  the  general  road  fund. 

7598.  Commissioners  may  detail  convicts  for  road  work— Warden  to 

recommend— Not  compulsory. 

SEC.  2.  The  board  of  state  prison  commissioners  is  hereby  authorized 
and  directed  to  detail  for  work  on  the  public  highways  of  the  state  any 
male  convict  in  the  state  prison  who,  on  the  recommendation  of  the  war- 


2101  STATE  PRISON  AND  JAILS  See,  7602 

den,  and  in  the  opinion  of  said  board,  may  be  properly  so  detailed,  except- 
ing prisoners  under  sentence  of  death;  provided,  that  such  detail  shall  be 
voluntary  on  the  part  of  the  convict  and  shall  not  be  caused  by  any  form 
of  compulsion. 

7599.  Regulations  concerning  same—  General  direction  of  warden—  Not 
required  to  wear  stripes—  Maximum  punishment. 

SEC.  3.  Convicts  detailed  to  road  work  under  the  provisions  of  this  act 
shall,  while  so  engaged,  and  without  the  confines  of  the  state  prison,  shall 
be  under  the  general  direction  of  the  warden,  and  guards  appointed  by  him 
and  shall  be  subject  to  such  rules  and  regulations  with  respect  to  their 
hours  of  labor,  conduct  and  control  as  said  board  shall  establish.  They 
shall  not  be  required  to  wear  stripes,  and  for  infractions  of  the  rules  the 
maximum  punishment  of  any  convict  shall  be  his  summary  return  to  con- 
finement in  the  penitentiary  and  forfeiture  of  credits. 

7000.  Pay  and  additional  time-oil'  for  convicts  on  public  road  work—  May 
be  paid  to  dependents  of  convict. 

SEC.  4.  In  addition  to  the  time-off  for  good  behavior  from  the  term  of 
sentence  now  allowed  by  law,  convicts  so  detailed  for  work  upon  the  public 
roads  shall  be  allowed  ten  days'  time-off  for  each  month's  faithful  work 
and  compliance  with  such  rules  and  regulations  ;  and  in  addition  thereto, 
each  convict  so  detailed  shall  be  allowed  the  sum  of  twenty-five  cents  for 
each  day's  labor,  and  which  shall  accumulate  as  a  fund  to  be  paid  the  con- 
vict on  the  termination  of  his  sentence,  or  on  his  release  by  pardon  or  parole, 
and  which  shall  be  in  addition  to  the  sum  of  money  ordinarily  given  dis- 
charged convicts;  provided,  that  on  petition  of  any  such  convict,  said 
board,  in  its  discretion,  may  pay  out  from  any  sum  so  to  the  credit  of  any 
convict  a  portion  or  all  thereof  in  support  of  the  dependent  wife,  children 
or  parent  of  such  convict,  in  distress. 

See  sec.«.  7.~>s<>.  ::>xi.  7685. 


7601.     Prison  hoard  to  specify  public  roads  upon  which  convicts  shall 

work—  Duties  of  state  engineer  and  county  surveyors. 
SEC.  5.  Said  board  on  the  recommendation  of  the  state  engineer,  or  the 
county  surveyor  of  each  county,  is  hereby  authorized  and  empowered  to 
determine  upon  what  public  roads  convicts  so  detailed  shall  be  employed; 
whether  in  the  improvement  of  existing  roads  or  the  construction  of  new 
roads,  and  shall  pass  upon  and  approve  or  reject  the  plans  and  specifica- 
tions of  the  state  engineer  or  the  respective  county  surveyors  in  respect 
thereto.  The  state  engineer  shall  have  general  supervision  and  direction 
of  all  road  work  so  approved.  No  road  work,  under  the  provisions  of  this 
act,  shall  be  instituted  in  any  county  prior  to  an  agreement  with  the  county 
commissioners  of  such  county  with  respect  to  the  survey  and  character  and 
construction  of  such  road,  and  an  agreement  by  such  county  to  construct, 
at  its  own  expense,  all  bridges  or  other  structures  of  wood,  iron,  concrete 
or  stone,  requiring  skilled  labor,  and  no  convict  shall  be  employed  thereon  ; 
and  such  county  may  be  required  by  said  board  to  contribute  in  part 
toward  the  expense  of  the  maintenance  of  convicts  on  such  road  work. 

See  sees.  7501,  7565,  7567,  75l><). 

7ft02.    Disbursements,  how  regulated. 

SEC.  6.  All  disbursements  for  expenditures  arising  under  the  provisions 
of  "this  act,  including  for  road-making  tools  and  implements,  horses, 
wagons,  tents,  bedding,  clothing,  tobacco,  medicine,  and  commissary  uten- 
sils and  supplies,  shall  be  on  warrants  certified  to  by  the  officer  or  engineer 
in  charge  of  said  road  work,  and  by  the  chairman  of  said  board,  and  which, 
on  approval  by  the  state  board  of  examiners,  shall  be  paid  on  warrants 


Sec.  7603  STATE  PRISON  AND  JAILS  2102 

drawn  by  the  state  controller,  by  the  state  treasurer  from  the  following 
funds,  respectively,  in  the  state  treasury,  to  wit :  From  said  general  road 
fund  in  every  instance,  except  for  part  payment  for  clothing  and  commis- 
sary supplies,  an  amount  not  exceeding  fifty  cents  per  day  per  convict,  for 
the  total  number  of  days  detailed,  which  shall  be  paid  from  any  appropria- 
tion hereafter  made  for  the  support  and  maintenance  of  the  state  prison. 

JAILS 

Act  of  1861  in  relation  to  common  jails,  sections  7603-7613. 

Act  of  1907  in  relation  to  branch  county  jails,  sections  7614-7616. 

Act  authorizing  the  employment  of  criminals  confined  in  jails,  sections  7617-7621. 

An  Act  in  relation  to  common  jails,  and  the  prisoners  thereof. 

Approved  November  25,  1861,  41 

7603.  County  to  maintain  common  jail.  7608.  Jailer  to  make  returns  of  prisoners  to 

7604.  Commissioners    to    supervise — Precau-  commissioners — Penalty  for  neglect. 

tions  to  take — Quarterly  inspection.       7609.  Convicts  may  be  hired  out — Earnings, 

7605.  Sheriff  to  have  custody  of  jail — Dep-  disposition  of. 

uty    or    jailer — Furnish     supplies —       7610.  United  States  prisoners  committed  to 
Commissioners  to  allow  expenses.  county     jail  —  Expense  —  May     be 

7606.  Duty  of   sheriff  to  transfer  prisoners,  employed — Escape. 

when — Commissioners      to      furnish  7611.  Eate    of    imprisonment    in    default    of 

expenses  —  Mileage  —  Jailers,     how  fine,  forfeiture  or  costs. 

paid.  7612.  Prisoner  may  be  removed  to  other  jail, 

7607.  Allowance     to     prisoners — Failure     of  when — Application  to  governor. 

sheriff  or  jailer — Liability.  7613.  Expenses  of  removal — County  to  pay. 

7603.  County  to  maintain  common  jail. 

SECTION  1.  There  shall  be  built,  or  provided,  kept,  and  maintained  in 
good  repair,  in  each  county,  one  common  jail,  at  the  expense  of  the  county. 

Branch  jail,  see  sec.  7614. 

7604.  Commissioners  to  supervise  —  Precautions  to  take  —  Quarterly 

inspection. 

SEC.  2.  The  county  commissioners  shall  have  the  care  of  building, 
inspecting,  and  repairing  such  jail,  and  shall,  once  every  three  months, 
inquire  into  the  state  thereof,  as  respects  the  security  thereof,  treatment 
and  condition  of  the  prisoners,  and  shall  take  all  necessary  precautions 
against  escape,  sickness,  or  infection. 

7605.  Sheriff  to  have  custody  of  jail— Deputy  or  jailer— Furnish  sup- 

plies—Commissioners to  allow  expenses. 

SEC.  3.  The  sheriff  shall  have  the  custody  of  the  jail  in  his  county,  and 
of  the  prisoners  therein,  and  shall  keep  the  same  personally,  or  by  his 
deputy,  or  by  a  jailer  or  jailers,  by  him  appointed  for  that  purpose,  for 
whose  acts  he  shall  be  responsible,  and  shall  furnish  all  necessary  suste- 
nance, bedding,  clothing,  and  fuel  for  the  prisoners  committed  to  his  cus- 
tody ;  and  the  county  commissioners  are  hereby  required  to  allow  him,  out 
of  the  county  treasury,  all  necessary  costs,  charges,  and  expenses  thereof. 
As  amended,  Stats.  1862,  120;  1866,  189. 

See  sec.  1646. 

See  Randall  v.  Storey  Co.,  under  sec.  4  of  negative  terms,  repealed  this  section,  and 
this  act.  •  left  the  sheriffs  without  authority  to  bind 

Stats.  1887,  108,  which  forbid  any  county  their  counties  by  a  contract  for  the  board 
officer,  except  county  commissioners,  to  con-  of  prisoners.  State  ex  rel.  Caughlin  v. 
tract  for  the  payment  or  expenditure  of  any  Washoe  Co.,  22  Nev.  203,  209,  210  (31  P. 
county  moneys  whatever,  being  expressed  in  486). 

7606.  Duty  of  sheriff  to  transfer  prisoners,  when— Commissioners  to  fur- 

nish expenses— Mileage— Jailers,  how  paid. 
SEC.  4.     It  shall  be  the  duty  of  the  sheriff,  either  by  himself,  his  deputy, 


2103  STATE  PRISON  AND  JAILS  See.  7610 

or  by  one  or  more  of  his  jailers,  to  transfer  all  prisoners  from  his  county 
to  whatever  place  of  imprisonment  the  sentence  of  the  court  may  require, 
at  as  early  a  day  after  said  sentence  as  practicable ;  and  for  that  purpose 
the  county  commissioners  are  hereby  required  to  furnish,  out  of  the  county 
treasury,  all  necessary  costs,  charges,  and  expenses  of  the  prisoner  or 
prisoners,  and  of  the  officer  or  officers  having  charge  thereof,  to  which 
shall  be  added  mileage  for.  each  officer,  at  the  rate  of  twenty  cents  per 
mile,  one  way  only;  and  the  above  provisions  shall  be  applicable  in  cases 
where  prisoners  are  taken  from  prisons  to  be  tried  at  any  courts  in  other 
counties.  It  is  hereby  made  the  duty  of  the  county  commissioners  to  allow, 
out  of  the  county  treasury,  as  in  other  cases  provided,  a  fair  and  adequate 
monthly  compensation  for  the  services  of  all  jailers  by  the  sheriff  employed 
or  appointed.  As  amended,  Stats.  1866,  189. 

Kxp<Mis<'s  of  transporting  prisoners  to  state  prison,  ho\v  paid,  sees.  75<H)  7~W2. 
See  sees.  1544    l.VJo. 

Where  the   statute   authorizes  the   sheriff  compensation  on  a  per  diem  basis  and  con- 
to  employ  a  jailer  and  provides  that  he  shall  fine  it  to  such  times  as  prisoners  were  con- 
be  allowed  a  fair  and  adequate  monthly  com-  fined  in  the  county  jail.     Eandall  v.  Storey 
pensation  for  such  services,  the  county  com-  Co.,  20  Nev.  37  (14  P.  583). 
missioiiers    have    no    authority    to    fix    the 

7607.    Allowance  to  prisoners— Failure  of  sheriff Or  jailer— Liability. 

SEC.  5.  If  any  sheriff,  or  jailer,  shall  defraud  any  prisoner  of  his 
allowance,  or  shall  not  allow  reasonable  allowance  and  accommodation,  he 
shall  forfeit  fifty  dollars  for  each  offense,  to  be  recovered  by  an  action  of 
debt  by  the  county  commissioners,  for  the  use  of  the  county. 

7f)OH.    .Jailer  to  make  returns  of  prisoners  to  commissioners— Penalty  for 

neglect. 

SEC.  6.  Every  jailer,  five  days  prior  to  the  opening  of  each  term  of 
the  district  court,  in  the  district  in  which  his  county  is  situate,  shall 
return  to  the  commissioners  of  his  county  a  certified  list  of  all  the  prison- 
ers then  in  his  custody,  with  the  time  and  causes  of  their  commitment,  and 
the  length  of  the  term  for  which  they  were  committed ;  and  he  shall,  also, 
return  to  said  commissioners,  within  five  day's  after  the  close  of  said  term 
of  said  court,  the  name,  and  cause,  and  term  of  commitment,  of  every 
prisoner  committed  during  said  term  of  said  court;  and  any  jailer,  who 
shall  neglect  to  make  such  returns,  for  every  such  neglect,  shall  pay  a  fine 
not  exceeding  fifty  nor  less  than  twenty  dollars,  to  be  imposed  at  the  next 
succeeding  term  of  said  court,  on  information  of  said  commissioners  of 
such  neglect ;  and  such  fine  shall  go  to  the  county. 

7609.  ronvicts  may  be  hired  out— Earnings,  disposition  of. 

SEC.  7.  Every  sheriff  may  hire  out,  or  put  to  labor,  any  person  or  per- 
sons in  his  custody  who  shall  be  convicted  of  the  following  crimes :  Petit 
larceny,  grand  larceny,  burglary,  assault  and  battery  with  intent  to  com- 
mit murder,  bribery,  perjury,  and  fraud,  taking  all  necessary  means  to 
secure  their  safe  keeping,  and  shall  charge  the  earnings  of  said  prisoners 
to  himself,  for  the  sustenance  of  said  prisoners.  Any  surplus  that  may 
accrue  from  such  labor  shall  be  paid  into  the  county  treasury. 

See  sees.  7570,  7610,  7617,  7622. 

7610.  United  States  prisoners  committed  to  county  jail— Expense— May 

be  employed— Escape. 

SEC.  8.  Persons  may  be  committed  under  the  authority  of  the  United 
States  to  any  jail  upon  payment  of  the  expenses  of  supporting  such  prison- 
ers, five  dollars  per  month  for  each  and  every  prisoner  while  confined  in 
said  county  jail,  to  the  county  for  the  use  of  the  said  jail,  and  all  legal  fees 
of  the  jailer,  and  the  sheriff  shall  receive  such  prisoners,  and  subject  them 


Sec.  7611  STATE  PRISON  AND  JAILS  2104 

to  the  same  employment,  discipline  and  treatment,  and  be  liable  for  any 
neglect  of  duty,  as  in  case  of  other  prisoners,  but  the  county  shall,  in  no 
case,  be  liable  for  any  escape.     As  amended,  Stats.  1909,  141. 
See  sec.  7570. 

7611.  Rate  of  imprisonment  in  default  of  fine— Forfeiture  or  costs. 

SEC.  9.  Whenever  any  prisoner,  under  conviction  for  any  criminal 
offense,  shall  be  confined  in  jail  for  any  inability  to  pay  any  fine,  forfeiture, 
or  costs,  or  to  procure  sureties,  the  district  court,  upon  satisfactory  evidence 
of  such  inability,  may,  in  lieu  thereof,  confine  such  person  in  the  county 
jail,  at  the  rate  of  two  dollars  per  day,  until  the  fine,  forfeiture,  or  cost  so 
imposed  shall  have  been  satisfied. 

See  sees.  7500,  7503,  7507. 

On    conviction    of   a   felony,   the   sentence  the    express    provisions    of    this    section,    it 

imposed    was    within    the    discretion    vested  should  have  declared  that  the  same  should  be 

"in   the   district   court   as  to   the   amount    of  in  the  county  jail.     It  was  held  that   such 

the  fine  and  the  term  of  alternative  impris-  direction    as   to   the   place   of   imprisonment 

onment  in  the  event  that  the  fine  was  not  might    be    rejected    as    surplusage,    and    did 

paid,    and    was    erroneous    only    in    that    it  not   vitiate   the   entire   sentence.     Ex  Parte 

declared  that  such  alternative  imprisonment  Tani,    29    Nev.    385,    386,    388,    389,   401,    13 

should  be  in  the  state  prison,  whereas,  under  L.  R.  A.  (N.  S.)  518,  91  P.  137. 

7612.  Prisoner  may  be  removed  to  other  jail,  when— Application  to  gov- 

ernor. 

SEC.  10.  Whenever,  from  any  sufficient  cause,  the  sheriff  shall  think  it 
expedient  that  the  prisoners  be  removed  from  the  jail,  in  his  county,  on 
application  in  writing,  to  the  governor  of  the  state,  by  the  sheriff,  the 
governor  may  order  said  prisoners  to  be  removed  to  some  other  jail,  any- 
where within  the  state,  there  to  be  detained  in  the  same  manner,  and  by 
the  same  process  as  in  the  jail  from  whence  they  were  removed,  until 
remanded  back,  by  a  similar  process,  or  discharged  according  to  law. 

7618.    Idem— Expenses  of  removal,  county  to  pay. 

SEC.  11.  All  the  expenses  of  removing  and  maintaining  prisoners, 
incurred  under  the  preceding  section,  shall  be  defrayed  by  the  county  from 
which  they  were  so  removed. 

An  Act  to  establish  branch  county  jails  in  the  several  counties  in  this  state, 
defining  the  powers  of  the  boards  of  county  commissioners  in  relation 
thereto,  and  other  matters  properly  connected  therewith. 

Approved  March  29, 1907,  301 

7614.  Commissioners  may  establish  branch  jails— Misdemeanor  prisoners 

confined  in— Courts  may  commit  to  main  jail,  when. 
SECTION  1.  The  board  of  county  commissioners  of  the  several  counties 
of  the  State  of  Nevada  are  hereby  authorized  to  establish,  by  an  order  to 
be  entered  in  their  minutes,  a  branch  county  jail  in  any  town  in  such  coun- 
ties, whenever  in  their  judgment  the  public  needs  require  it,  and  to  pro- 
vide that  persons  charged  with  or  convicted  of  a  misdemeanor  in  such 
town  or  other  town  or  townships  mentioned  in  the  order  shall  be  impris- 
oned in  such  branch  county  jail  instead  of  in  the  county  jail  at  the  county  ^ 
seat;  provided,  that  nothing  in  said  order  shall  prohibit  any  judge  or 
justice  of  the  peace  before  whom  such  conviction  may  be  had  from  ordering 
any  such  prisoner  to  be  imprisoned  in  the  county  jail  at  the  county-seat 
of  the  county  wherein  such  conviction  may  be  had  where  the  public  safety 
or  the  safety  of  such  prisoner  may  require  it. 

7615.  Sheriff'  may  appoint  jailer  of— Commissioners  to  approve— Com- 

pensation. 
SEC.  2.    The  sheriff,  with  the  approval  of  the  board  of  county  com- 


2105  STATE  PRISON  AND  JAILS  Sec.  7 (ill) 

missioners  of  any  county  wherein  any  branch  county  jail  has  been  estab- 
lished, is  hereby  empowered  to  appoint  a  deputy  who  shall  act  as  jailer  for 
the  same  and  who  shall  have  the  custody  thereof  and  of  the  prisoners 
therein,  and  whose  compensation  shall  be  fixed  by  the  board  of  county 
commissioners  and  shall  be  paid  out  of  the  general  fund  of  such  county; 
provided,  whenever  by  an  order  of  the  board  of  county  commissioners  such 
jailer  after  being  appointed  is  not  longer  or  for  a  time  required,  such 
board  may  cease  to  allow  any  compensation  after  notifying  the  sheriff  of 
such  order. 

7616.  Idem— Commissioners  may  direct  jailer  to  work  prisoners  on  lri<rli- 

wa.vs. 

SEC.  3.  The  board  of  county  commissioners  of  any  county  wherein  such 
branch  county  jail  has  been  established  and  for  which  a  jailer  has  been 
appointed  in  the  manner  provided  by  this  act,  may  direct  the  jailer  of  such 
branch  county  jail  to  work  the  prisoners  imprisoned  therein,  on  the  public 
streets  of  such  town  or  on  the  public  roads  of  such  district  wherein  such 
branch  county  jail  is  located. 

See  sees.  7609,  7617,  KV2. 

An  Act  to  authorize  the  employment  of  criminals  confined  in  the  several 
jails  throughout  this  state. 

Approved  March  8,  1879.  98 

7(il7.  Com  missioners      or      city      authorities  7(520.  Disobedience  or  disorderly  conduct  or 

r«M{uiriMl    to    employ    persons    com-  for  character  of  punishment — Record 

mitted  to  jails.  and  report. 

Tills.    Deemed      sentenced     to     labor     unless  7(ilM.    IVismn'rs  to  h;iv««  guard. 

otherwise  ordered.  7(iL'i'.  < 're.lits  for  good  conduct — How  granted. 
i<il'.i.  <  ntit.rol    of   prisoners,    who    to    huve 

I'uMic  works  define. I. 

7617.  Commissioners  or  city  authorities  mini  red  to  employ  persons 

com  mitted  to  jails. 

SECTION  1.  The  board  of  county  commissioners  in  each  and  every  county 
of  the  State  of  Nevada,  the  mayor  and  board  of  aldermen  of  each  and  every 
incorporated  city  within  this  state,  and  the  board  of  trustees  of  each  and 
every  incorporated  town  within  this  state,  are  hereby  authorized  and 
required  to  make  all  necessary  arrangements,  as  hereinafter  provided,  to 
utilize  the  labor  of  the  prisoners  committed  to  any  jails  within  any  county, 
city,  or  town  within  this  state,  for  a  term  of  imprisonment  by  the  judges 
of  the  several  district  courts  within  this  state,  or  the  justices  of  the  peace 
in  any  and  all  townships  throughout  this  state. 

See  sees.  7609,  7616. 

7618.  Deemed  sentenced  to  labor  unless  otherwise  ordered. 

SEC.  2.  All  prisoners  sentenced  by  the  judge  of  any  district  court,  or  by 
the  justice  of  the  peace  of  any  justice's  court,  and  sentenced  to  a  term  of 
imprisonment  in  any  county,  city,  or  town  jail  shall  be  deemed  to  have  been 
also  sentenced  to  labor  during  such  term,  unless  the  judge  or  justice  of  the 
peace,  sentencing  said  prisoner,  for  good  cause  orders  otherwise. 

7619.  Control  of  prisoners,  who  to  have— Public  works  defined. 

SEC.  3.  The  sheriff  of  each  and  every  county  in  this  state  shall  have 
charge  and  control  over  all  prisoners  committed  to  his  care  and  keeping,  in 
their  respective  county  jails,  and  the  chiefs  of  police  and  town  marshals 
in  the  several  cities  and  towns  throughout  this  state  shall  have  charge  and 
control  over  all  prisoners  committed  to  their  respective  city  and  town  jails; 
and  the  said  sheriffs,  chiefs  of  police,  and  town  marshals,  and  each  of  them, 
shall  see  that  the  prisoners  under  their  care  are  at  all  times  kept  at  labor 


Sec.  7620  STATE  PRISON  AND  JAILS  2106 

on  the  public  works  in  their  respective  counties,  cities  and  towns,  at  least 
six  hours  a  day  during  six  days  of  the  week,  when  the  weather  will  permit, 
when  so  required  by  either  the  board  of  county  commissioners  of  their 
respective  counties,  or  by  the  mayor  and  board  of  aldermen  of  their 
respective  cities,  or  by  the  board  of  trustees  of  their  respective  towns.  By 
the  public  works,  as  used  in  this  act,  is  understood  the  construction,  or 
repair,  or  cleaning  of  any  streets,  road,  sidewalks,  public  square,  park, 
building,  cutting  away  hills,  grading,  putting  in  sewers,  or  other  work 
whatever,  which  is  or  may  be  authorized  to  be  done  by  and  for  the  use  of 
any  of  the  said  counties,  cities,  or  towns,  and  the  expense  of  which  is  not 
to  be  borne  exclusively  by  individuals  or  property  particularly  benefited 
thereby. 

7620.  Punishment  may  be  inflicted  for  disobedience  or  disorderly  con- 

duct or  for  refusal  to  work— Character  of  punishment— Record 
and  report. 

SEC.  4.  In  case  any  prisoner  or  prisoners  are  disobedient  or  disorderly, 
or  do  not  faithfully  perform  their  task,  the  said  officers  having  charge  of 
them  may  inflict  punishment  upon  them  by  confining  them  in  dark  and 
solitary  cells,  and  the  officers  so  punishing  shall  keep  a  record  of  the  punish- 
ment so  inflicted,  showing  its  cause,  mode  and  degree,  and  duration,  making 
a  correct  report  of  the  same,  on  the  last  day  of  each  month,  to  their  respect- 
ive boards  in  each  county,  city,  and  town,  together  with  the  amount  and 
character  of  work  done  by  said  prisoners  during  the  month. 

See  sec.  2818. 

7621.  Prisoners  to  have  guard. 

SEC.  5.  No  prisoner  or  prisoners  shall  be  allowed  to  go  from  the  walls 
of  the  prison  without  a  proper  and  sufficient  guard. 

7622.  Credits  for  good  conduct,  how  granted. 

SEC.  6.  For  each  month  in  which  the  prisoner  appears,  by  the  record  pro- 
vided for  in  section  4  of  this  act,  to  have  been  obedient,  orderly  and  faith- 
ful, five  days  shall,  with  the  consent  of  the  board  having  power  in  the 
premises,  be  deducted  from  his  term  of  sentence. 

PARDONS  AND  PAROLES 

Act  of  1867  to  make  effective  power  of  governor,  justices  of  supreme  court  and  attorney- 
general  to  remit  fines  and  forfeitures,  commute  punishments,  and  grant  pardons  after  con- 
viction, sections  7623-7630. 

Rules  of  board  of  pardons,  following  section  7630. 

Act  entitled  "An  act  to  establish  a  board  of  parole  commissioners  for  the  parole  of  and 
government  of  paroled  prisoners,"  approved  March  11,  1909,  sections  7631-7634. 

Rules  of  board  of  parole,  following  section  7634. 

Crimes  and  punishments,  sections  6266-6850. 

Death  sentence,  when  imposed,  trial  judge  to  report  statement  of  case  to  governor  as 
chairman  of  board  of  pardons,  section  7269. 

District  attorneys  to  report  to  attorney-general  statement  concerning  all  convictions  of 
indicted  defendants,  section  1608. 

Habeas  corpus,  sections  6226-6263. 

Parole  may  be  granted  by  board  of  pardons  after  prisoner  has  served  minimum  time 
under  indeterminate  or  indefinite  sentence,  section  7262. 

Trial  and  sentence  for  crimes  committied  by  imprisoned  persons,  sections  6818,  6819. 

State  prison  and  jails,  sections  7561-7634. 

CONSTITUTIONAL  PROVISIONS 

Fines,  governor  may  suspend  collection  of  not  exceeding  sixty  days,  section  306. 
Fines,  remission  of,  section  307. 

Habeas  corpus  not  to  be  suspended  except  in  case  of  rebellion  or  invasion,  section  234; 
U.  S.  Const.,  section  130. 

Imprisonment  for  debt  prohibited,  except  for  fraud,  libel  or  slander,  section  243. 


2107  STATE  PRISON  AND  JAILS  Sec.  7625 

Jeopardy,  no  person  to  be  twice  put  in,  section  237;  U.  S.  Const.,  section  175. 

Militia  fine,  imprisonment  for,  in  time  of  peace  prohibited,  section  243. 

Pardons,  section  307. 

Slavery  prohibited  except  for  crime,  section  246;  TJ.  S.  Const.,  section  183. 

Treason,  governor  may  suspend  sentence  until  convening  of  legislature,  section  306. 

Treason  not  pardonable,  section  307. 

An  Act  to  regulate  and  make  effectual  the  power  of  the  governor,  justices  of  the 
supreme  court,  and  attorney-general,  to  remit  fines  and  forfeitures,  com- 
mute punishments,  and  grant  pardons  after  convictions. 

Approved  February  8,  1867,  53 

7623.  Board  of  pardons — Fines  or  forfeitures,  7626.  Duty    of    officers    receiving    notice    of 

how  remitted — Certificate  of — Clerk  application  for  pardon  to  transmit 

to  enter  on  docket.  information. 

7'ii!4.  Idem — Proceedings    when    death    pen-  "(ii'7.  Member  may  administer  certain  oaths 

alty     is     remitted  —  Certificate     of  — Affidavits,  who  may  take. 

action.  7(i-JS.  False    oath    or    affirmation,    perjury — 
7625.  Idem — Pardon  or  remission  of  fines  or  Subornation — Penalty. 

forfeitures — Notice  to  district  judge  7<5_!J).  Notice  not  required  for  restoration  to 

and   district   attorney — To   commis-  citizenship     or     commutation     from 

sioners,  when — Time  of  notice  may  death. 

be    shortened — Restoration    to    citi-  7630.  Bail  not  to  be  remitted. 

zenship— .-Order  to  discharge. 

7f>23.    Board  of  pardons— Fines  or  forfeitures,  how  remitted— Certificate 

of— Clerk  to  enter  on  docket. 

SECTION  1.  Whenever  the  governor,  justices  of  the  supreme  court,  and 
attorney-general,  or  the  major  part  of  them,  the  governor  being  one,  shall 
remit  any  judgment  of  fine  or  forfeiture,  a  certificate  reciting  the  fine  or 
forfeiture  remitted,  duly  signed  and  attested  with  the  great  seal  of  the 
state,  shall  be  filed  in  the  clerk's  office  of  the  court  wherein  the  judgment 
of  fine  or  forfeiture  was  entered,  and  the  clerk  shall  make  an  entry  in  the 
judgment  docket  or  other  proper  place,  showing  that  the  fine  or  forfeiture 
is  remitted ;  which  filing  and  entry  shall  be  evidence  of  the  satisfaction 
thereof. 

It  requires  the  governor  and  at  least  two  other  members  of  the  board  to  concur  in  grant- 
in-  a  pardon.     Ex  Parte  Janes.  1  Nev.  319. 
See  sec.  763};  Const.,  sec.  307. 

7fi24.  Idem— Proceedings  when  death  penalty  is  remitted— Certificate  of 
action. 

SEC.  2.  Whenever  any  punishment  involving  the  death  penalty  is  com- 
muted, a  statement  in  writing  shall  be  made  out  and  signed,  reciting  the 
name  of  the  person  whose  punishment  is  commuted,  and  the  time  and  place 
where  convicted ;  also,  the  amount,  kind,  and  character  of  punishment  sub- 
stituted instead  of  the  death  penalty,  and.  the  place  where  the  substituted 
punishment  is  to  be  served  out  or  suffered,  and  directed  to  the  proper  officer 
or  authority  charged  by  law  with  the  safe  keeping  and  execution  of  the 
punishment;  which  statement,  attested  with  the  great  seal  of  this  state, 
shall  be  sufficient  authority  for  such  officer  or  authority  to  receive  and 
retain  the  person  named  in  the  statement  as  therein  directed,  and  the  officer 
or  authority  named  in  the  statement  must  receive  the  person  whose  pun- 
ishment has  been  commuted,  and  retain  him  as  directed. 

See  sec.  7269. 

7625.  Idem— Pardon  or  remission  of  fines  or  forfeitures— Notice  to  dis- 
trict judge  and  district  attorney— To  commissioners,  when— Time 
of  notice  may  be  shortened— Kestoration  to  citizenship— Order  to 
discharge. 

SEC.  3.  Any  person  intending  to  apply  to  have  a  fine  or  forfeiture  remit- 
ted, or  a  punishment  commuted,  or  a  pardon  granted,  or  some  one  in  his 


Sec.  7626  STATE  PRISON  AND  JAILS  2108 

behalf,  shall  make  out  duplicate  copies  of  notices  in  writing  of  such  appli- 
cation, specifying  therein  the  court  in  which  the  judgment  was  rendered, 
the  amount  of  the  fine  or  forfeiture,  or  kind  or  character  of  punishment,  the 
name  of  the  person  in  whose  favor  the  application  is  to  be  made,  the  par- 
ticular grounds  upon  which  the  application  will  be  based,  and  the  time 
when  it  will  be  presented,  one  of  which  he  shall  serve  on  the  district  attor- 
ney and  one  on  the  district  judge  for  the  county  where  the  conviction  was 
had ;  provided,  in  cases  of  fines  and  forfeitures  a  similar  notice  shall  also  be 
served  on  the  chairman  of  the  board  of  county  commissioners.  The  notice 
shall  be  served  as  herein  provided,  at  least  thirty  days  prior  to  the  presenta- 
tion of  the  application,  unless  a  member  of  the  board  of  pardons,  for  good 
cause,  prescribe  a  shorter  time.  When  a  pardon  is  granted  for  any  offense 
committed,  such  pardon  may  or  may  not  include  restoration  to  citizenship. 
If  the  pardon  include  restoration  to  citizenship,  it  shall  be  so  stated  in  the 
instrument  or  certificate  of  pardon;  and  when  granted  upon  conditions, 
limitations,  or  restrictions,  the  same  shall  be  fully  set  forth  in  the  instru- 
ment as  aforesaid.  Such  instrument  or  certificate  shall  also  contain  an 
order  to  the  officer  having  the  person  in  custody  to  discharge  him  or  her 
from  such  custody,  upon  a  day  to  be  named  in  said  instrument,  upon  the 
conditions,  limitations,  or  restrictions  therein  named.  As  amended,  Stats. 
1875,  79. 

"See  sec.  7629  and  rule  3  of  board  of  pardons,  following  sec.  7630. 

7626.  Duty  of  officers  receiving  notice  of  application  tor  pardon  to 

transmit  information. 

(SEC.  2.)  It  shall  be  the  duty  of  all  district  judges,  attorneys,  and 
county  commissioners  receiving  notice  of  an  application  for  a  pardon, 
commutation  or  remission  of  punishment,  or  fine  or  forfeiture,  to  transmit 
forthwith  to  the  board  of  pardons  a  statement  in  writing  of  all  matters 
within  their  knowledge  affecting  the  merits  of  such  application.  As 
amended,  Stats.  1875,  79. 

Report  of  legislative  committee  to  be  presented  to  board  of  pardons,  sees.  7586,  7587. 

7627.  Member  may  administer  certain  oaths— Affidavits,  who  may  take. 

(SEC.  3.)  Any  member  of  the  board  of  pardons  shall  have  authority  to 
administer  an  oath  or  affirmation  to  any  person  offering  to  testify  upon 
the  hearing  of  an  application  for  a  pardon,  or  the  commutation  of  a  pun- 
ishment, or  the  remission  of  a  fine  or  forfeiture;  and  any  district  judge, 
county  clerk,  or  notary  public  may  take  and  certify  affidavits  and  deposi- 
tions to  be  used  upon  such  applications,  either  for  or  against  the  same. 
As  amended,  Stats.  1875,  80. 

7628.  False  oath  or  affirmation,  perjury— Subornation— Penalty. 

(SEC.  4.)  Every  person  having  taken  a  lawful  oath,  or  made  affirmation 
in  an  application  to  the  board  of  pardons  for  a  pardon  or  commutation  of 
punishment,  or  the  remission  of  a  fine  or  forfeiture,  who  shall  swear  or 
affirm  wilfully,  corruptly,  and  falsely  in  any  matter  material  to  the  issue 
or  point  in  question,  or  shall  suborn  any  other  person  to  swear  or  affirm 
as  aforesaid,  shall  be  deemed  guilty  of  perjury  or  subornation  of  perjury 
(as  the  case  may  be),  and  upon  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  state  prison  for  any  term  not  less  than  one  nor  more 
than  fourteen  years.  As  amended,  Stats.  1875,  80. 

7629.  Xotice  not  required  for  restoration  to  citizenship  or  commutation 

from  death. 
(SEC.  5.)     No  notice  shall  be  required  of  an  application  for  a  restoration 


2109  STATE  PRISON  AND  JAILS  Sec.  7630 

to  citizenship  to  take  effect  at  the  expiration  of  a  term  of  imprisonment, 
or  for  the  commutation  of  the  death  penalty.    As  amended,  Stats.  1875,  80. 
See  sec.  7625  and  rule  3  of  board  of  .pardons,  following  sec.  7630. 

7630.    Bail  not  to  be  remitted. 

SEC.  4.  The  fines  and  forfeitures  herein  mentioned  shall  not  be  so  con- 
strued as  to  include  the  remittance  or  discharge  from  liability  on  any  bail 
bond. 

Other  acts  in  relation  to  this  subject  were  Cited,  Ex  Parte  Eyan,  10  Nev.  263;  Denver 

cited  as  follows:  v.  llobart,  10  Nev.  31. 

Act   of   1864-5,   sec.   6:        For  interpreta-  Act  of  1861,  123,  cited,  Denver  v.  Hobart, 

tion  of  this  section  making  the  lieutenant-  10  Nev.  31. 

governor    ex    officio    warden    of    the    state  Act  of  1877,  66,  sec.  4:     The  authority  to 

prison,  and  allowing  him  a  salary  for  such  employ  a  physician  is  vested  in  the  warden 

services,  see  Crosman  v.  Nightingill,  under  under  the   clause  conferring  upon   him   the 

Const.,  sees.  291  and  377.  power  to  appoint  "all  necessary  help."    State 

ex  rel.  Fox  v.  Hobart,  13  Nev.  419,  420. 

RULES  OF  BOARD  OF  PARDONS  i 
As  amended  July  12,  1911 

1.  On  and  after  the  second  Monday  in  April,  1912,  the  regular  meetings  of  the  board 
shall  be  held  on  the  second  Monday  in  April  and  the  second  Monday  in   September  of 
each  year.     [As  amended,  July,  1911.1 

2.  Special  meetings  may  be  called  by  the  governor  at  any  time  when  the  exigencies  of 
any  case  demand  it,  notice  thereof  being  given  to  each  member  of  the  board. 

3.  No  application  for  the  remission  of  a  fine  or  forfeiture,  or  for  a  commutation  of 
sentence  or  pardon,  shall  be  considered  by  the  board  unless  presented  in  the  form   and 
manner  required  by  the  act  of  February  8,  1867,  as  amended  February  20,  1875  (sees.  7625- 
7629);  provided,  that  no  application  that  has  been  filed  with,  or  considered  by,  the  board 
of  parole  commissioners  at  any  session  next  preceding  the  regular  meeting  of  the  board  of 
pardons  shall  be  heard  or  considered  by  this  board  unless  consent  be  given  by  a  majority 
thereof. 

4.  In  every  case  where  the  applicant  has  been  confined  in  the  state  prison,  he  or  she 
must  procure  a  written  certificate  of  his  or  her  conduct  during  such  confinement  from  tlie 
warden  of  said  prison,  and  file  the  same  with  the  clerk  of  this  board,  on  or  before  the  day 
of  hearing. 

5.  All  oral  testimony  offered  upon  the  hearing  of  any  case  must  be  presented  under  oath, 
unless  otherwise  directed  by  a  majority  of  the  board. 

6.  Action  by  the  board  upon  every  case  shall  be  in  private,  unless  otherwise  ordered  by 
the  consent  of  all"  the  members  present. 

7.  After  a  case  has  once  been  acted  upon,  and  the  relief  asked  for  has  been  refused,  it 
shall  not,  within  twelve  months  thereafter,  be  again  taken  up  or  considered  upon  any  of  the 
grounds    specified   in    the    application    under    consideration,    except    by    the    consent    of    a 
majority  of  the  members  of  the  board;  nor  in  any  case  except  upon  new  and  regular  notice 
as  required  by  law  in  case  of  original  application. 

8.  In  voting  upon  any  application  the  roll  of  members  shall  be  called  by  the  clerk  of 
the  board  in  the  following  order: 

First — The  attorney-general. 

Second — The  junior  associate  justice  of  the  supreme  court. 
Third — The  senior  associate  justice. 
Fourth — The  chief  justice. 
Fifth — The  governor. 

Each  member,  when  his  name  is  called,  shall  signify  his  vote  in  favor  of  or  against  an 
application  by  answering  "aye"  or  "no." 

9.  No  document  relating  to  a  pending  application  or  to  a  prior  application  which  has 
been  denied,  shall  be  withdrawn  from  the  custody  of  the  clerk  after  filing,  unless  by  con- 
sent of  the  board. 

10.  All  applications  must  be  filed  with  the  clerk  at  least  ten  days  before  the  meeting 
of  the  board,  at  which  the  application  is  to  be  considered,  unless  the  time  be  shortened  by 
a  majority  of  the  board. 

11.  All  papers  pertaining  to  applications  must  be  properly  indorsed  before  presentation 
for  filing;  and  the  name  of  the  attorney  for  the  applicant  must  appear  in  such  indorsement 
on  the  petition  and  notices  to  the  district  judge  and  district  attorney.     The  indorsement 
on  each  paper  must  begin  at  the  top  with  "Board  of  Pardons,"  and  include  the  name  of 
the  document. 

12.  Attorneys  shall  first  present  their  evidence  through  witnesses,  affidavits,  the  record 

1  For  rules  of  board  of  parole  commissioners,  see  note  under  sec,  7634. 

133 


Sec.  7631  STATE  PRISON  AND  JAILS  2110 

or  documents,  and  then  argue  their  cases  concisely  and  not  exceeding  one-half  hour  for 
each  counsel  appearing,  unless  additional  time  be  granted  by  the  board,  and  in  the  event 
that  an  attorney  digresses  from  the  evidence,  or  states  facts  not  supported  thereby,  or 
reiterates  in  his  argument,  he  shall  be  called  to  order.  Papers  shall  be  filed  separately,  or 
attached  before  they  are  read  in  evidence,  and  shall  not  be  withdrawn  without  the- order 
of  the  board. 

13.  On  behalf  of  an  applicant  for  pardon  who  has  been  convicted  of  felony,  evidence  of 
facts  relating  to  the  commission  of  the  crime  other  than  that  contained  in  the  record  may 
be  presented  only  by  witnesses,  who  know  the  circumstances,  appearing  and  testifying 
under  oath,  or'  by  depositions  or  affidavits,  copies  of  which  shall  have  been  served  upon 
the  district  judge  and  district  attorney  of  the  county  in  which  the  indictment  was  found, 
at  least  thirty  days  before  the  hearing,  unless  for  good  cause  shown  this  time  be  shortened 
by  the  board. 

See  sees.  7625-7627. 

14.  The  money  allowed  by  the  state  to  a  prisoner  upon  his  discharge,  is  solely  for  the 
purpose  of  aiding  him  until  he4  can  find  employment,  and  shall  not  be  used  for  attorney's 
fees  to  employ  counsel  to  present  his  case  to  the  board  of  pardons  or  parole.  Prisoners 
shall  not  pay,  or  agree  to  pay,  any  portion  of  their  discharge  money  for  services  of  an 
attorney  to  present  their  case,  nor  shall  any  attorney  accept  or  receive,  directly  or  indi- 
rectly, any  portion  of  said  money  for  such  services.  [Adopted  at  a  meeting  of  the  board 
July  12,  1911.] 

Eegarding  payment  to  prisoners  paroled,  see  sec.  7632. 

Concerning  payment  to  prisoners  on  final  discharge,  see  sec.  7596. 

An  Act  to  establish  a  board  of  parole  commissioners  for  the  parole  of  and 
government  of  paroled  prisoners. 

Approved  March  11, 1909,  84 

7631.  Parole    commissioners — Majority    may  7632.  Paroled  prisoner  may  receive  funds — 
act — Rules — Prisoners     entitled     to  Board  to  recommend, 

parole — Control    over    paroled    pris-  7633.  Paroled  prisoners  to  report, 

oners — Revocation — Duty    of    peace  7634.  Governor's  private  secretary,  secretary 
officers — Leaving  state  without  per-  of  board — Duties, 

mission — Escape. 

7631.  Parole  commissioners  —  Majority  may  act  —  Rules  —  Prisoners 
entitled  to  parole— Control  over  paroled  prisoners— Revocation— 
Duty  of  peace  officers— Leaving  state  without  permission— Escape. 

SECTION  1.  The  governor,  the  justices  of  the  supreme  court,  and  the 
attorney-general  are  hereby  constituted  a  board  of  parole  commissioners, 
a  majority  of  whom  shall  have  power  to  act  under  the  provisions  of  this 
statute.  They  shall  have  power  to  establish  rules  and  regulations  under 
which  any  prisoner,  who  is  now,  or  hereafter  may  be  imprisoned  in  the 
state  prison,  and  who  may  have  served  one  calendar  year  of  the  term  for 
which  he  was  sentenced  and  who  has  not  previously  been  convicted  of  a 
felony  and  served  a  term  in  a  penal  institution,  may  be  allowed  to  go  upon 
parole  outside  of  the  buildings  and  enclosures,  but  to  remain,  while  on 
parole  in  the  legal  custody  and  under  the  control  of  the  board  of  parole 
commissioners,  and  subject  at  any  time  to  be  taken  within  the  enclosure  of 
said  prison.  They  shall  have  full  power  to  make  and  enforce  rules  and 
regulations  governing  the  conduct  of  paroled  prisoners,  and  to  retake  or 
cause  to  be  retaken  and  imprisoned,  any  convict  so  upon  parole,  whose 
written  order  certified  to  by  the  secretary  of  the  board  shall  be  a  sufficient 
warrant  for  all  officers,  named  therein,  to  authorize  such  officer  to  return 
to  actual  custody  any  conditionally  released  or  paroled  prisoner,  and  it  is 
hereby  made  the  duty  of  all  sheriffs,  officers  and  members  of  the  state 
police,  constables,  chiefs  of  police,  and  all  prison  or  other  peace  officers  to 
execute  any  such  order  in  like  manner  as  ordinary  criminal  process ;  pro- 
vided, however,  that  no  prisoner  imprisoned  under  a  sentence  for  life  shall 
be  paroled  until  he  shall  have  served  at  least  seven  calendar  years.  If  any 
prisoner  so  paroled  shall  leave  the  state  without  permission  from  said 
board,  he  shall  be  held  as  an  escaped  prisoner  and  arrested  as  such. 

See  sec.  6724,  et  seq.,  and  Const.,  sec.  307. 


2111  STATE  PRISON  AND  JAILS  Sec.  7634 

7632.  Paroled  prisoner  may  receive  funds—  Board  to  recommend. 

SEC.  2.  Upon  the  recommendation  of  said  board,  and  subject  to  its  con- 
ditions, the  warden  shall  advance  such  paroled  prisoner  an  amount  of 
money  not  exceeding  that  authorized  by  law  to  be  paid  to  prisoners  upon 
their  discharge  from  the  prison  upon  the  expiration  of  their  term,  which 
sum  shall  be  paid  out  of  the  state  prison  fund,  the  same  as  any  other  claim 
against  said  fund. 

See  sec.  7596. 

7633.  Paroled  prisoners  to  report. 

SEC.  3.  All  paroled  prisoners  shall  be  required  to  report  to  the  secre- 
tary of  the  board  at  least  once  a  month,  during  the  time  they  are  on  parole, 
except  in  case  of  sickness  or  other  good  cause  shown. 

7634.  Governor's  private  secretary,  secretary  of  board—  Duties. 

SEC.  4.  The  governor's  private  secretary  shall  be  secretary  of  said 
board,  and  it  shall  be  his  duty  to  attend  to  the  reports  of  all  paroled  prison- 
ers, and  advise  said  board  of  any  case  of  violation  of  the  conditions  of 
parole,  and  shall  perform  such  other  duties  as  the  board  may  require. 

RULES  OF  BOARD  OF  PAROLE  COMMISSIONERS 

1.  The  regular  meetings  of  the  board  shall  be  held  immediately  after  the  regular  meet- 
ings of  the  board  of  pardons. 

[Sections  2,  4  to  10,  inclusive,  and  12  to  14,  inclusive,  same  as  corresponding  sections  of 
rulos  of  board  of  pardons.] 

3.  X<>  application  for  parole  shall  be  considered  by  the  board  unless  presented  in  the 
form  and  manner  required  by  the  act  of  February  8,  1867;  as  amended  February  20,  1875 
i  sr.  -.  7  r.L'.  1-7629);  provided,  that  no  application  for  parole  that  has  been  filed  with,  or  con- 
sidered by,  the  board  of  pardons  at  any  session  next  preceding  the  regular  meeting  of  the 
board  of  parole  commissioners  shall  be  heard  or  considered  by  this  board  unless  consent  be 
iiiveu  by  a  majority  thereof. 

11.     All  papers  pertaining  to  applications  must  be  properly  indorsed  before  presentation 
for  filing;  and  the  name  of  the  attorney  for  the  applicant  must  appear  in  sXich  indorsement 
on  the  petition  and  notices  to  the  district  judge  and  district  attorney.     The  indorsement  on 
t  bein  at  the  to     with  "Board  of  Parole  Commissioners,"  and  include  the 


paper  must  begin  at  the  top 
11:11110  of  the  document. 

[See  rule  14,  board  of  pardons.] 


CERTIFICATE   OF  AUTHENTICATION 


STATE  OF  NEVADA 
DEPARTMENT  OF  STATE 


1 88. 


I,  GEORGE  BRODIGAN,  the  duly  elected,  qualified  and  acting  Secretary  of 
State  of  the  State  of  Nevada,  do  hereby  certify  that  the  foregoing  is  a  true 
and  full  revision  and  compilation  of  the  general  laws  of  the  State  of  Nevada, 
as  prepared  by  Honorable  James  G.  Sweeney,  Honorable  G.  F.  Talbot  and 
Honorable  F.  H.  Norcross,  Justices  of  the  Supreme  Court  of  the  State  of 
Nevada,  under  and  by  authority  of  the  Acts  of  the  Legislature  of  the  State 
of  Nevada  entitled  "An  Act  to  provide  for  revising,  compiling,  annotating 
and  publishing  the  laws  of  the  State  of  Nevada,  and  the  compiling,  anno- 
tating and  publishing  therewith  certain  laws  of  the  United  States  of  partic- 
ular interest  to  the  State  of  Nevada, "  approved  March  31,  1909,  and  March 
20,  1911. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my 
hand  and  affixed  the  Great  Seal  of  State  at 
my  office  in  Carson  City,  Nevada,  this  29th 
day  of  January,  1912. 


Secretary  of  State. 


APPENDIX  A 


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Appendix  B 


AMERICAN  TABLE  OF  MORTALITY 


APPENDIX   B 


2114 


AMERICAN   TABLE  OF  MORTALITY 
With  Death-Rate  per  1,000  and  "  Expectation  of  Life" 

The  "Expectation  of  Life"  is  the  average  number  of  years  which  a  large 
number  of  persons  of  any  given  age  have  yet  to  live;  that  is,  the  sum  of  the 
years  which  all  will  live  divided  by  the  number  of  persons. 


Age 

Number 
Living 

Deaths 
Each 
Year 

Death  Rate 
Per  1,000 

Expec- 
tation 
of  life 

Age 

Number 
Living 

Deaths 
Each 
Year 

Death  Rate 
Per  !,()•  0 

Expec- 
tation 
of  life 

10- 

100,000 

749 

7.49 

48.72 

53__ 

66,797 

1,091 

16.33 

18.79 

11_. 

99,251 

746 

7.52 

48.08 

54__ 

65,706 

1,143 

17.40 

18.09 

12  . 

98,505 

743 

7.54 

47.45 

55__ 

64,563 

1,199 

18.57 

17.40 

13__ 

97,762 

740 

7.57 

46.80 

56  _ 

63,364 

1.260 

19.88 

16.72 

14__ 

97,022 

737 

7.60 

46.16 

57__ 

62,104 

1,325 

21.33 

16.05 

15__ 

96,285 

735 

7.63 

45.50 

58_. 

60,779 

1,394 

22.94 

15.39 

16__ 

95,550 

732 

7.66 

44.85 

59_. 

59,385 

1,468 

24.72 

14.74 

17__ 

94,818 

729 

7.69 

44.19 

60__ 

57,917 

1,546 

26.69 

14.10 

18__ 

94,089 

727 

7.73 

43.53 

61" 

56,371 

1,628 

28.88 

13.47 

19__ 

93,362 

725 

7.76 

42.87 

62.  _ 

54,743 

1,713 

31.29 

12.86 

20__ 

92,637 

723 

7.80 

42.20 

63__ 

53,030 

1,800 

33.94 

12.26 

21_ 

91,914 

722 

7.85 

41.53 

64__ 

51,230 

1,889 

36.87 

11.67 

22__ 

91,192 

721 

7.91 

40.85 

65__ 

49,341 

1,980 

40.13 

11.10 

23__ 

90,471 

720 

7.96 

40.17 

66^_ 

47,361 

2,070 

43.71 

10.54 

24__ 

89,751 

719 

8.01 

39.49 

67_. 

45,291 

2,158 

47.65 

10.00 

25__ 

89,032 

718 

8.06 

38.81 

68l~ 

43,133 

2,243 

52.00 

9.47 

26__ 

88,314 

718 

8.13 

38.12 

69_ 

40,890 

2,321 

56.76 

8.97 

27__ 

87,596 

718 

8.20 

37.43 

70  __ 

38,569 

2,391 

61.99 

8.48 

28_. 

86,878 

718 

8.26 

36.73 

71.; 

36,178 

2,448 

67.66 

8.00 

29__ 

86,160 

719 

8.34 

36.03 

72_. 

33,730 

2,487 

73.73 

7.55 

30__ 

85,441 

720 

8.43 

35.33 

73__ 

31,243 

2,505 

80.18 

7.11 

31_ 

84,721 

721 

8.51 

34.63 

74__ 

28,738 

2,501 

87.03 

6.68 

32__ 

84,000 

723 

8.61 

33.93 

75__ 

26,237 

2,476 

94.37 

6.27 

33__ 

83,277 

726 

8.72 

33.21 

76__ 

23,761 

2,431 

102.31 

5.88 

34__ 

82,551 

729 

8.83 

32.50 

77___ 

21,330 

2,369 

111.06 

5.49 

35__ 

81,822 

732 

8.95 

31.78 

78_. 

18,961 

2,291 

120.83 

5.11 

36__ 

81,090 

737 

9.09 

31.07 

79_  _ 

16,670 

2,196 

131.73 

4.74 

37__ 

80,353 

742 

9.23 

30.35 

80__ 

14,474 

2,091 

144.47 

4.39 

38__ 

79,611 

749 

9.41 

29.62 

81- 

12,383 

1,964 

158.60 

4.05 

39_. 

78,862 

756 

9.59 

28.90 

82__ 

10,419 

1,816 

174.30 

3.71 

40__ 

78,106 

765 

9.79 

28.18 

83__ 

8,603 

1,648 

191.56 

3.39 

41_. 

77,341 

774 

10.01 

27.45 

84.  _ 

6,955 

1,470 

211.86 

3.08 

42__ 

76,567 

785 

10.25 

26.72 

85__ 

5,485 

1,292 

235.55 

2.77 

43_ 

75,782 

797 

10.52 

26.00 

86  __ 

4,193 

1,114 

265.68 

2.47 

44__. 

74,985 

812 

10.83 

25.27 

87" 

3,079 

933 

303.02 

2.18 

45__ 

74,173 

828 

11.16 

24.54 

88__ 

2,146 

744 

346.69 

1.91 

46__ 

73,345 

848 

11.56 

23.81 

89__. 

1,402 

555 

395.86 

1.66 

47_. 

72,497 

870 

12.00 

23.08 

90_. 

847 

385 

454.54 

1.42 

48__ 

71,627 

896 

12.51 

22.36 

91__ 

462 

246 

532.47 

1.19 

49__ 

70,731 

927 

13.11 

21.63 

92__ 

216 

137 

634.26 

.98 

50__ 

69,804 

962 

13.78 

20.91 

93_. 

79 

58 

734.18 

.80 

51__ 

68,842 

1,001 

14.54 

20.20 

94.  _ 

21 

18 

857.14 

.64 

52____ 

67,841 

1,044 

15.39 

19.49 

95__ 

o 

3 

1,000.00 

.50 

2115 


CORRESPONDING  SECTIONS— FORMER  COMPILATIONS         App.  C 


APPENDIX  C 

Corresponding  Sections  of  Former  Nevada  Compilations 

Three  previous  compilations  of  the  laws  of  Nevada  have  been  issued  by  the  State,  namely: 

"The  Compiled  Laws  of  the  State  of  Nevada,  embracing  Statutes  of  1861  to  1873,  inclu- 
sive, published  under  authority  of  law,  by  M.  S.  Bonnifield  and  T.  W.  Healy,  compilers,  in 
two  volumes;  Carson  City,  Charles  A.  V.  Putnam,  State  Printer,  1873."  [Authorized  by 
Acts  of  1873,  page  222.] 

"The  General  Statutes  of  the  State  of  Nevada,  in  force  from  1861  to  1885,  inclusive,  with 
citations  of  the  decisions  of  the  Supreme  Court  relating  thereto,  arranged  and  annotated 
by  Dav.  E.  Baily  and  John  D.  Hammond;  Carson  City,  Josiah  C.  Harlow,  Superintendent 
of  State  Printing,  1885."  [Authorized  by  Acts  of  1885,  page  82.] 

"The  Compiled  Laws  of  Nevada,  in  force  from  1861  to  1900  (inclusive),  with  annotations 

from  Volumes  I  to  XXV,  of  the  decisions  of  the  Supreme  Court  of  the  State  of  Nevada, 

compiled  and  annotated  by  Henry  C.  Cutting  of  the  Nevada  Bar;    Carson  City,  Nevada, 

Andrew  Maute,  Superintendent   of  State  Printing,   1900."      [Authorized  by  Acts  of  1899, 

19.] 

Many  of  the  citations  of  statutes  are  made  by  reference  to  the  various  sections  of  the 
above  compilations.  For  the  convenience  of  those  not  possessing  the  same,  tables  are  here- 
with appended  containing  a  list  of  said  section  numbers,  and  set  opposite  the  same  is  the 
corresponding  section  of  the  present  compilation.  In  a  number  of  instances,  however,  the 
section  has  been  changed  by  amendment,  and  thereby  made  radically  different  from  the 
former  reading.  The  word  "Repealed"  after  a  section  number  indicates  that  such  section 
has  been  repealed.  The  word  "Suspended"  following  certain  sections  in  the  following 
tables  refers  to  "An  act  for  the  relief  of  insolvent  debtors  and  protection  of  creditors" 
(Stats.  1881,  p.  124),  the  operation  of  which  is  suspended  during  the  pendency  of  the 
national  bankruptcy  law.  (See  note,  page  189,  supra.) 

COMPILED   LAWS   OF    NEVADA  (Bonnifield   &    Healy)  1873 


C.L,         R.L. 

3 Repealed 

4 Repealed 

9 Repealed 

14 Repealed 

2499 

33 2500 

41 5585 

41' 5586 

50 5595 

78-85 5849-5856 

126-140....2213-22-31 
141-143....5493-5494 
144-146....5499-5500 

151 2155 

152 2156 

159 2163 

162 2166 

169 2173 

186 2142 

189 2145 

218 5841 

220 5843 

223 5191 

231 1020 

235 1024 

239 1028 

243 1032 

250-251 Repealed 

254 1040 

283 1069 

289....      ....1069 


( '.  L.         R,  L. 

292 1078 

294 ; 1080 

!".»: 1083 

302 1088 

336-338....2750-2752 

350 6227 

363 6240 

364 6241 

367 6244 

368 6245 

389-415....5656-5672 

394 5666 

416 5114 

424 5122 

426 Suspended 

434 Suspended 

461 Suspended 

464 Suspended 

557 5922 

589 5944 

596 5950 

611 5964 

612 5965 

618 5970 

630 5980 

680 6025 

702 6039 

729 6059 

763 6097 

791 6109 

833....      ....6149 


C!.  L. 

R.L. 

C.L. 

R.L. 

884  

498 

1104  

5041 

893  

507 

1  110  

5047 

s'.)7  

511 

1114  

5060 

899  

513 

1127  

5039 

915  

4833 

1131  

5084 

930  

4845 

1  1.-5U  

5065 

<»::<)  

4854 

1134  

5066 

950  

4865 

1135  

5087 

955  

4870 

11  43  

5097 

1016-1048. 

4946-4985 

1174  

5138 

1022  :... 

4955 

1184  

5147 

1031  

4967 

1189  

5152 

1033  

4970 

1190  

5153 

1034  

4971 

1191  

5154 

1036  

4975 

1192  

5155 

1038  

4977 

1193  

5156 

1051  

4929 

1208  

5238 

1054  

4930 

1209  

5239 

1055  

...Repealed 

1211  

5241 

1067  

4986 

1212  

5237 

1068  

4988 

1213  

5236 

1074  

4996 

1225  

5200 

1077  

5001 

1251  

5315 

1079  

5044 

1252  

5316 

1085  

5016 

1256  

5320 

1087  

5018 

1257  

5321 

1089  

5020 

1258  

5323 

1092-1097. 

.5023-5034 

1259  

5322 

1094  

5027 

1263  

5269 

1102  

5038 

1264  

5270 

1103  

5040 

1266.... 

5273 

A  pp.  C        CORRESPONDING  SECTIONS— FORMER  COMPILATIONS 


2116 


COMPILED 
C.  L.         R.  L. 

1267 5274 

•1268 5275 

1280 5287 

1282 5288 

1292 5298 

1295 5301 

1309 5501 

1321 5512 

1323 5518 

1338-1341..5538-5541 

1388 5325 

1390 5327 

1391 5329 

1392 5330 

1393 5331 

1395 5336 

1396 5337 

1398 5339 

1400 5359 

1401 5346 

1402 5346 

1403 5347 

1406 5351 

1407 5352 

1408 5353 

1409 5354 

1410 5355 

1411 Repealed 

1421 5250 

1422 5251 

1440 5419 

1441 5420 

1449 5431 

1450 5432 

1453 5435 

1455 5437 

1456 5438 

1459 5442 

1460 5443 

1461 5444 

1497 5684 

1503 5690 

1508 5695 

1509 5696 

1521 5394 

1522 5396 

1528 5402 

1534 5403 

1539 5380 

1557 5369 

1558 5370 

1559 5373 

1560 5374 

1561 5375 

1568 5476 

1575 5722 

1577 5727 

1597..... 5737 

1600 5721 

1618 5779-5780 

1623 5800 

1643 5794 

1644 5791 

1652 5242 

1658 5007 

1669 .-.Repealed 

1671 Repealed 

1673 5003 

1674 Repealed 


LAWS  OF  NEVADA  (Bonnifield  &  Healy)  1873 — 

C.L.         R.L.  C.L.         E.L. 

1675 6266  2075 7263 

1677 6266  2076 7264 

1678 6266  2080 7269 

1679 6858  2105 7295 

1680 6854  2109 7299 

1684 6855  2113 7303 

1687 6858  2123 7311 

1719 6918  2167 7355 

1729 6928  2169 7357 

1779 6977  2170 7358 

1780 6978  2171 7359 

1782 6980  2206 7395 

1783 6981  2207 7396 

1784 6982  2208 7397 

1786 6984  2211 7400 

1794 6992  2212 7401 

1795 6993  2229 7485 

1807 7004  227S-2286..7435-7443 

1818 7014  2299 7465 

1838 7031  2300 7466 

1839 7032  2301 7467 

1852 7044  2303 Repealed 

1853 7046  2305 Repealed 

1858 7050  2306 Repealed 

1859.. 7051  2316 6275 

1860 7052  2322 6385 

1862 7054  2323 6386 

1863 7055  2324 6387 

1867 7059  2327 6390 

1876 7071  2329 6392 

1899 7090  2350 6442 

1900 7090  2352 6412 

1904 7092  2353 6413 

1905 7093  2365 6634 

1906 7093  2373 6649 

1910 7097  2380 6654 

1914 7101  2383 C663 

1916 7103  2441 6695 

1918 7105  2450 6754 

1919 7106  2464 6291 

1920 7107  2466 Repealed 

1921 7107  2467 Repealed 

1925 7110  2505 1768 

1936 7121  2543 1806 

1937 7122  2548 1811 

1944 7130  2555-2560..1818-1822 

1947 7133  2633 2799 

1948 7134  2720 Repealed 

1954 7138  2730 Repealed 

1958 7142  2742 2000 

1960 7144  2766 Repealed 

1961 7145  2767 Repealed 

1964 7148  2773 4128 

1966 7150  2778 4133 

1968 7152  2811 4157 

1984 7167  2812 4158 

2004 7192  2813 4159 

2005 7193  2816 4162 

2011 7199  2821 4167 

2012 7200  2822 4168 

2020 7208  2915 Repealed 

2021 7209  2916 4921 

2037 7219  2921 2872 

2043 7224  2929-2931..2880-2882 

2046 7227  2935 1593 

2048 Repealed  2956 1647 

2049 Kepealed  2957 1648 

2051 7230  2961 1652 

2073....      ....7257  2967....      ....1658 


Continued 
C.  L.         R.  L. 

2968 1659 

2981 1676 

2984 1679 

2985 1680 

i:988 1683 

2991 1686 

2993 1535 

2995 1629 

3025 1617 

3027 1619 

3029 1621 

3070 1501 

3074 1505 

3077 1508 

3086 1517 

3092 1523 

3093 1524 

3094 1525 

3105 1530 

3128 3621 

3129 3622 

3130 3624 

3131 3625 

3132 3626 

3133 3627 

3134 3628 

3136 3632 

3139 3638 

3146 Repealed 

3148 3654 

3149 Repealed 

3153 3659 

3154 3661 

3155 3663 

3156 3664 

3158 Repealed 

3160 Repealed 

3164 Repealed 

3186 3733 

3195 Repealed 

3200 Repealed 

3202 Repealed 

3209 Repealed 

3210 Eepealed 

3211 3755 

3212 3756 

3219 Eepealed 

3221 Repealed 

3222 Repealed 

3225 Eepealed 

3228 3705 

3230 3706 

3231 3707 

3232 3708 

3233 3709 

3238 Eepealed 

3245 3687 

3246 Eepealed 

3250 3688 

3254 Eepealed 

3288 7463 

3292 Eepealed 

3322 3242 

3361 3400 

3393 1223 

3394 1224 

3397 1227 

3398 1228 

3401....       ....1231 


2117            CORRESPONDING  SECTIONS— FORMER  COMPILATIONS  App.  C 

COMPILED  LAWS  OF  NEVADA  (Bonnifielcl  &  Healy)  1873 — Continued 

•  C.  L.                      R.  L.  C.  L.                      R.  L.  C.  L.                      R.  L.  C.  L.                      R.  L. 

3404 1234     3445 3531  3663 Repealed  3749-3759..2915-2925 

3406-3408..1236-1238     3466 3552  3677 4053  3852-3855..4710-4713 

3410 1240     3543 Repealed  3678 4054     3857 1981 

::  ^5 3511     3544 Repealed  3679 4055     3947 Repealed 

3429 3515  3641-3642....Repealed  3680 4056     4240 Repealed 

3442 3528 

GENERAL  STATUTES  OF  NEVADA  (Baily  &  Hammond)  1885 

G.  S.                      R.  L.  G.  S.                      R.  L.  G.'  S.                      R.  L.  G.  S.                      R.  L. 

257 5606   1561 1804  2722 5897  3274 5505 

267 5618  1659 1812  2724 Repealed  3275 5506 

290 3233  1657-1670..2786-2799  2733 5905  3284 5518 

327 3199   1658 2787  2734 5906  3295 5534 

331 3203   1667 2796  2739 5910  3311 5553 

333 3205  1668 2797  2797 5963  3312 5554 

337 3209  1737 2891  2798 5964  3318 5560 

362-365....4710-1713  1777 4250  2799 5965  3334 5576 

380 3920  1779 4129  2800 5966  3342 5656 

387 3925  1798 4260  2801 5967  3343 5657 

456 3015   1799 4261  2803 5968  3349 5325 

459 3022  1807-1831..4154-4178  2805 5970  3350 5326 

471 2338  1809 4156  2806 5971  3352 5329 

496 5843  1811 4158  2888 6038  3353 5330 

499 2155  1812-1831..4159-1178  2897 6042  3354 5331 

517 2173  1813 4160  2919 6064  3355 5335 

539 2142  1814-1818..4161-I165  2921 6066  3357 5337 

542 2145  1854 4349  2922 6067  3358 5338 

548 6149  1895 4458  2927 6072  3360 5359 

583 6168  1896 4459  2989 6077  3361 5359 

646 Repealed  1898 4461  2981 6116  3362 5346 

670 4049  1918 3905  3021 5474  3363 5346 

679 Repealed  1942 1501  3026 4986  3364-3367..5347-5351 

694 4071   1944 1503  3034 4998  3364-3369..5347-535S 

757-767....2233-2242  1945 1504  3037 5002  3367 5351 

802-829....1219-1241   1949 1508  3039 5008  3402 5423 

843 3520  1950 1509  3040 5011  3406 5427 

948-974 Repealed  1951 1510  3043 5015  3458 5684 

1080 3621  1962 1521  3048 5020  3464 5690 

K)82 3624  1964 1523  3050 5022  3469 5695 

1084 3626  1972 15?0  3051 5023  3470 5696 

1088 3633  1981-1991..2915-2925  3052 5026  3482 5394 

1091 3638  1986 2920  3053 5027  3496 5376 

1096 3645  1988 2922  3062 5040  3539 5728 

1105 3659  M995 3066 5044  3565 5760 

1108 3664  2008 1555  3067 5045  3603 5788 

1110 3658  2024 877  3068 5046  3604 5790 

1111 3665  2037 890  3069 5047  3612 Repealed 

1112 3666  2089 Repealed  3086 5039  3618 5409 

1128 Repealed  2116 1604  3090 5084  3632 4951 

1129 Repealed  2139 7605  3093 5066  3636 4956 

1161 3745  2140 7606  3160 5162  3644 4967 

1205 3628  2197 1639  3163 5165  3645 4968 

1263 Repealed  2300 4893  3170 5239  3651 4975 

«1269 2308 4893  3171 5240  3671 ! 6226 

1292 3244  2430 4833  3173 5237  3685 6240 

1304 Repealed  2464 4865  3212-3215..5315-5318  3687 6242 

1314 3363  2485-2494....Repealed  3213 5316  3689 6244 

1317 3363  2529 500  3215 5318  3711 5656 

1318 3363  2537 506  3216 5319  3722 5667 

1368 3387  2538 507  3217 5320  3723 5667 

1465 4089  2539 503  3218 5321   3724 5659 

1466 4090  2540 509  3219 5323  3736 5680 

1469 4092  2542 511  3227 5273  3784 Repealed 

1471 4094  2594 1039  3233 5280  3795 4931 

1505 1709  2603 1048  3243 5288  3812 2217 

1512 1716  2624 1069  3248 5293  3816 2221 

1524.... 1767  2630 1075  3253 5297  3822 2227 

1558 1801   2641 1086  3270 5501  3835-3844..5114-5123 

1560 1803  2710 5894  3273 5504  3845 Suspended 

aDeclared  unconstitutional,  19  Nev.  349.  bOmitted  as  unconstitutional. 


App.  C         CORRESPONDING  SECTIONS—  FORMER  COMPILATIONS  2118 


STATUTES  OF  NEVADA  (Baily  &  Hammond)  1885  —  Continued 

G.  S.          R.  L.  G.S.          R.  L.  G.  S.          R.  L.  G.  S.          R.  L. 

3882  ..........  Suspended  4240  ......................  7167  4367  ......................  7302  4579          6384 

3952  ......................  6893  4244  ......................  7171  4368  ......................  7303  4581...         6386 

4001  ......................  6040  4245  ......................  7180  4374  ......................  7307  4592  ................  6394 

4002  ......................  6940  4257  ......................  7291  4378  ......................  7311  4602  ......................  6426 

4029  ......................  6970  4262  ......................  7194  4380  ......................  7314  4620          6625 

4031  ......................  6972  4292  ......................  7219  4382  ......................  7315  4634          6655 

4032  ......................  6973  4293  ......................  7220  4384  ......................  7317  4635          6653 

4036  ......................  6977  4303  ......................  7231  4389  ......................  7322  4673....        6456 

4106  ......................  7042  4330  ......................  7263  4395  ......................  7328  4688  .....................  6747 

4107  ......................  7043  4331  ......................  7264  4403  ....................  ..7336  4903          2499 

4141  ......................  7080  4333  ......................  7269  4469  ..............  Repealed  4931....       ....5846 

4214  ......................  7142  4349  ......................  7286  4561  ..............  Repealed  4932....      ....5847 

4220  ......................  7148  4356  ......................  7291  4562  ......................  7456  4933          5848 

4222  ......................  7150  4359  ........  ,  .............  7294  4576  ......................  7451 

COMPILED  LAWS  OF  NEVADA  (Cutting)  1900 

C.  L.          R.  L.  C.  L.          R.  L.  C.  L.         R.  L.  C.  L.          R.  L. 

208  ......................  2422  1542  ......................  2952  2703  ......................  1078  3259          5206 

209-214....2423-2428  1588  ......................  1770  2705  ......................  1080  3277          .r>27 

210  ......................  2424  1624  ......................  1806  2715  ....................  1090  3279          5230 

221  ......................  2435  1636  ......................  1818  2718  ......................  1093  3284.         5235 

224  ......................  2438  1640  ......................  1822  2730  ......................  1098  3285  ...........     5315 

228  ......................  2442  *1642-1645  ....................  2736  ......................  1635  3286  ......................  5316 

271  ......................  3233  1693  ......................  1833  2776  ......................  2900  3290  ......................  5320 

281  ......................  2456  1782  ......................  2765  2803  ......................  5874  3292  ......................  5322 

f  282  ......................  2457  1790  ......................  2773  2805  ......................  5876  3300          .1273 

^ 


283  ......................  5606  1793  ......................  2776  2826  ......................  5897  3303 

325  ......................  3224  1804  ......................  2787  2834  ......................  5905  3304          .1277 

327  ......................  3226  1814  ......................  2797  2869  ......................  5940  3311  ......      5284 

341-345....1982-1986  1815  ......................  2798  2870  ......................  5941  3341  ......................  5313 

346  ......................  1987  1816  ......................  2799  2886  ......................  5957  3351  ......................  5.114 

349  ......................  1990  1987  ......................  4363  2893-2S96..5964-5967  3364  ......................  5530 

437  ......................  3019  2040  ......................  4411  2896  ......................  5967  3396  ......................  5565 

448  ......................  3005  2044  ......................  4414  2898  ......................  5969  3422  .        5325 

454  ......................  3051  2111  ......................  1508  2899  ......................  5970  3425          5327 

459  ......................  3056  2116  ......................  1513  2909  ......................  5980  3426  .......      5330 

479  ......................  3015  2124  ......................  1521  2943  ......................  6014  3427  ..................  5331 

504  ......................  5840  2137  ......................  1555  2951  ..................  ....6022  3431  ......................  5338 

507  ......................  5843  2242  ......................  1645  3038  ......................  6109  3432  ......................  5339 

550-553....2142-2145  2267  ......................  7611  3041  ......................  6112  3434  ......................  5340 

552  ......................  2144  2296-2310..  1593-1607  3043  ......................  6114  3435  ....................  5346 

780  ......................  2335  2299  ......................  1596  3055  ......................  6126  3436          5346 

781  ......................  2336  2306  ......................  1603  3067  ......................  6138  3440  ......................  5351 

783  ......................  2337  2338  ..............  Obsolete  3095  ......................  5474  3443  ......................  5354 

971  ......................  3511  2348  ......................  1640  3096  ......................  4943  3446  ......................  5360 

1079  ......................  3619  2453  ......................  2850  3116  ......................  5015  3472  ......................  5420 

1084  ......................  3624  2457  ......................  1994  3123  ......................  5022  3474  ......................  5419 

1093  ......................  3633  2459  ......................  1996  3125  ......................  5026  3481  ......................  5429 

1095  ......................  3635  2460  ......................  1997  3126  ......................  5027  3522  ......................  5417 

1096  ......................  3636  2462  ......................  1999  3133  ......................  5037  3531  ......................  5684 

1098  ......................  3638  2468  ......................  2005  3134  ......................  5038  3537  ......................  5690 

1106  ......................  3646  2471  ......................  2008  3135  ......................  5040  3538  ......................  5691 

1118  ......................  3658  2474  ......................  2011  3139  ......................  5044  3542  ......................  5695 

1124  ................  ".  .....  3664  2506  ......................  2043  3142  ......................  5047  3543  ......................  5696 

1149  ......................  3689  2507  ......................  2044  3149  ......................  5063  3555  ......................  5394 

1178  ......................  3718  2508  ......................  4828  3160  ......................  5075  3556  ......................  5396 

1187  ......................  3727  2513-2515..4833-4835  3163  ......................  5084  3557  ......................  5397 

1205  ......................  3745  2518  ......................  4838  3166  ......................  5066  3564  ......................  5404 

1208  ......................  3748  2528  ......................  4848  3218  ......................  5147  3581  ......................  5387 

1211  ......................  3751  2531  ......................  4851  3219  .....................  5148  3592  ......................  5370 

1223  ......................  3763  2545  ......................  2865  3225  ......................  5154  3593  ......................  5373 

1224  ......................  3764  2565  ......................  4885  3226  ......................  5155  3601  .......................  5482 

1232  ......................  3818  2571  ......................  4906  3227  ...........  :  ..........  5156  3602  ......................  5476 

1301  ......................  3363  2573  ......................  4922  3234  ......................  5163  3603  ......................  4947 

1303  ......................  3365  2621  ........................  507  3241  ......................  5193  3604  ......................  5714 

1338  ..............  Repealed  2625  ........................  511  3245  ......................  5241  3607  ......................  5771 

1428  ......................  7569  2663  ......................  1038  3246  ......................  5237  3622  ..............  Repealed 

1429  ......................  7570  2664  ......................  1039  3250  ......................  5197  3652  ......................  5779 

1440  ......................  7581  2669  ......................  1044  3255  ......................  5203  3676  ......................  5788 

"Declared  unconstitutional,  28  Nev.  230. 


2119  CORRESPONDING  SECTIONS— FORMER  COMPILATIONS        App.  C 

COMPILED  LAWS  OF  NEVADA  (Cutting)  1900 — Continue^ 

C.  L.  K.  L.  C.  L.  R.  L.  C.  L.  R.  L.  C.  L.  R.  L. 

3677 5790  3988 626(5  4271 7115  4(54(5 Repealed 

3679 5792  3996 6856  4305 7148  4655 6270 

3694 5006  4038 6894  4307 7150  4656 6271 

3707 4952  4051 6907  4325-4327..7167-7169  4667 7451 

3708 4954  4055 6911  4330 7180  4672 6386 

:'.7<>9 4955  4060 6917  4341 7203  4687 6399 

3710 4956  4073 6930  4361 7208  4701 6413 

3718 4967  4079 6937  4362 7209  4710 6624 

:J7L'2 4970  4121 6977  4364 7212  4711 6625 

3727 4977  4136 6992  4377 7219  4712 6626 

3735 Repealed  4149 7004  4386 7227  4713 6634 

3736 Repealed  4150 7005  4390 Repealed  4714 6427 

3761 6244  4167 7020  4391 7230  4715 6638 

3809 Repealed  4177 7029  4392 7332  4719 6648 

3858 5331  4199 7050  4413 7257  4734 6665 

3860 5317  4200 7050  4415 7263  4751 6377,  6801 

3862 5321  4201 7052  4418 : 7266  4788 6827 

:<*»;:! 5321  4203 7054  4438 7290  4802 6843-6844 

3864 5321  4206 7057  \  r,9 7291  4S04 6653 

3869 4931  4208 7059  4440 7291  4840 6339 

3877 4939  4208-4210..7059-7061  4444 7294  4860-4867..6619-6623 

3881 2213  4209 7060  4445 7295  4866 Repealed 

3885 2217  4224 7078  447(5 7.".2»  IS79 6640 

1 2221  4L'2r, 7079  4554 Repealed  5007 M'.M; 

r,ra7  4240 7090  4555-4r,r,o  7446  7  no  5008 1497 

::'.'s4 5(54S  4241 7090  4645 7463  5010 1499 

....6266 


App.  D  LISTS  OF  OMITTED  ACTS  2120 

APPENDIX  D 


Lists  of  Omitted  Acts 

The  following  acts  have  been  omitted  as  obsolete,  or  nearly  so,  or  are  not  of  sufficient 
general  interest  to  justify  publication: 

For  the  permanent  location  of  the  seat  of  government  at  Carson  City.     Stats.  1861,  54. 

Eelative  to  public  records.     Stats.  1861,  285,  amended  Stats.  1862,  94. 

Authorizing  collection  of  toll  on  roads  already  constructed  within  the  Territory  of 
Nevada.  Stats.  1861,  309. 

Empowering  corporations  and  associations  for  mining  to  sue  individual  members.  Stats. 
1862,  72. 

In  relation  to  the  records  of  the  probate  courts  of  Carson  and  other  counties  of  the 
territory.  Stats.  1862,  91. 

To  levy  a  tax  on  gross  proceeds  of  toll  roads  and  bridges.     Stats.  1862,  112. 

To  issue  bonds  and  coupons.     Stats.  1862,  118. 

To  legalize  the  election  and  official  acts  of  the  several  probate  judges,  and  prosecuting 
attorneys  in  the  territory.  Stats.  1864,  49. 

To  issue  bonds  and  coupons.     Stats.  1864,  90,  amended  Stats.  1864,  136. 

To  provide  the  several  county  clerks  of  the  territory  with  a  seal.     Stats.  1864,  148. 

To  legalize  proceedings  under  the  laws  of  Utah  Territory  prior  to  the  organization  of 
Nevada  Territory.  Stats.  1864,  152. 

Authorizing  issuance  and  sale  of  certain  state  bonds.     Stats.  1864-5,  82. 

To  provide  for  the  payment  of  the  compensation  of  district  judges.     Stats.  1864-5,  95. 

Providing  for  the  transfer  of  judgments,  actions  and  proceedings  from  the  several  pro- 
bate courts  of  the  territory  to  the  district  courts  of  the  state.  Stats.  1864-5,  123. 

To  provide  for  carrying  out  in  part  the  provisions  of  section  7  of  article  17  of  the 
constitution.  Stats.  1864-5,  155. 

To  provide  for  the  disposition  of  the  16th  and  36th  sections  of  the  public  lands.  Stats. 
1864-5,  173,  amended  Stats.  1866,  194. 

To  provide  for  the  removal  of  certain  incorporated  companies  to  this  state  by  their  own 
election.  Stats.  1864-5,  186. 

In  relation  to  toll  roads  and  bridges.     Stats.  1864-5,  352. 

To  provide  for  the  selection  and  location  of  forty  sections  of  unappropriated  public 
lands  donated  to  the  state.  Stats.  1864-5,  366. 

An  act  supplemental  to  an  act  to  provide  for  carrying  out  in  part  the  provision  of  sec- 
tion 7  of  article  17  of  the  constitution.  Stats.  1864-5,  367. 

To  provide  for  the  selection  and  location  of  500,000  acres  of  lands  donated  to  this  state. 
Stats.  1864-5,  376. 

An  act  amendatory  of  an  act  to  provide  for  the  payment  of  the  compensation  of  district 
judges.  Stats.  1864-5,  398. 

Authorizing  issuance  and  sale  of  certain  state  bonds.     Stats.  1866,  47. 

To  provide  a  fund  for  the  payment  of  salaries  of  district  judges.  Stats.  1866,  160, 
amended  Stats.  1869,  98. 

Authorizing  a  state  loan.     Stats.  1867,  50,  amended  Stats.  1867,  65. 

To  provide  for  the  selection,  sale  and  reclamation  of  the  swamp  and  overflowed  lands 
belonging  to  this  state.  Stats.  1869,  190. 

Authorizing  a  state  loan.     Stats.  1871,  80,  amended  Stats.  1873,  94. 

To  authorize  a  state  loan.     Stats.  1871,  80,  amended  Stats.  1873,  95. 

For  the  payment  of  the  salaries  of  district  attorneys.     Stats.  1873,  133. 

To  provide  for  the  payment  of  the  state  debt  proper.  Stats.  1875,  48,  amended  Stats. 
1879,  17. 

To  provide  for  the  purchase  for  the  benefit  of  the  state  school  fund  of  the  bonds  of  this 
state  known  as  the  territorial  bonds.  Stats.  1877,  191,  amended  Stats.  1879,  15. 

Authorizing  a  state  loan.     Stats.  1881,  87. 


2121  LISTS  OF  OMITTED  ACTS  App.  D 

Fixing  price  of  lands  within  the  limits  of  the  Central  Pacific  Eailroad  grant.  Stats.  1881, 
115,  amended  Stats.  1883,  42. 

To  appropriate  funds  for  the  relief  of  the  several  orphan  asylums  of  this  state.  Stats. 
1881,  122. 

Fixing  the  salaries  of  certain  county  officers.     Stats.  1883,  114. 

Relating  to  the  unpaid  salaries  of  county  officers.     Stats.  1885,  33. 

To  establish  and  provide  for  an  Indian  school.     Stats.  1887,  23. 

To  give  consent  to  the  annexation  of  additional  territory.     Stats.  1887,  36. 

Concerning  operations  in  the  boot  and  shoe  shop  of  the  Nevada  State  Prison.  Stats. 
1887,  93. 

Authorizing  a  state  loan.     Stats.  1887,  109. 

Authorizing  a  state  loan.     Stats.  1889,  86. 

Authorizing  a  state  loan.     Stats.  1893,  111,  amended  Stats.  1895,  79,  Stats.  1897,  86. 

To  authorize  the  board  of  regents  of  the  state  university  to  lease  and  purchase  land 
for  an  experiment  station  farm.  Stats.  1897,  164. 

An  act  supplemental  to  an  act  authorizing  a  state  loan.     Stats.  1899,  106. 

Authorizing  a  state  loan.     Stats.  1901,  83. 

Providing  for  the  appointment  and  payment  of  a  state  agent  at  Washington,  D.  C.,  to 
attend  to  the  certification  of  lands  granted  by  Congress  to  the  state,  and  such  other  business 
as  may  be  referred  to  him  under  the  authority  of  the  governor.  Stats.  1901,  85. 

Authorizing  the  adjustment  and  payment  of  certain  claims  against  counties  in  this  state. 
Stats.  1901,  93. 

An  act  supplemental  to  an  act  authorizing  a  state  loan.     Stats.  1903,  98. 

Relative  to  proving  up  of  Indian  war  and  Indian  depredation  claims.     Stats.  1903,  205. 

An  act  supplemental  to  an  act  authorizing  a  state  loan.     Stats.  1905,  196. 

Providing  for  a  state  loan  and  its  repayment  by  issuing  certain  bonds  therefor.  Stats. 
1909,  184. 

The  following  acts  have  been  omitted  for  the  reason  that  by  the  terms  thereof  it  appears 
that  they  were  not  intended  to  be  of  general  application  throughout  the  state: 

An  act  to  regulate  the  fees  and  compensation  of  justices  of  the  peace  and  constables  in 
townships  having  a  certain  number  of  voters  at  the  general  election  of  1882.  Stats.  1883,  54. 

An  act  fixing  the  salaries  of  county  officers  in  certain  counties  of  this  state  and  other 
matters  relating  thereto.  Stats.  1883,  73. 

An  act  defining  the  duties  and  privileges  of  boards  of  county  commissioners  and  mem- 
bers of  boards  of  county  commissioners  relative  to  the  care  of  indigents,  and  to  repeal  an 
act  in  relation  thereto,  approved  February  14,  1881.  Stats.  1883,  107. 

An  act  requiring  county  commissioners  to  give  bonds  and  providing  additional  security 
for  the  proper  disbursement  of  public  money.  Stats,  1883,  109. 

An  act  in  relation  to  the  salaries  of  county  assessors.     Stats.  1885,  13. 

An  act  relating  to  and  consolidating  certain  county  officers  in  the  State  of  Nevada. 
Stats.  1887,  77,  amended  Stats.  1889,  23. 

An  act  to  provide  for  the  appointment  of  deputy  county  assessors  and  to  provide  for 
their  compensation.  Stats.  1887,  77. 

An  act  consolidating  certain  county  offices  in  the  State  of  Nevada,  and  fixing  the  com- 
pensation of  the  officers  thereof.  Stats.  1887,  85. 

An  act  authorizing  the  board  of  county  commissioners  of  counties  having  a  certain  num- 
ber of  votes  at  the  general  election  of  1890  to  apportion  county  revenues.  Stats.  1891,  126. 

An  act  to  regulate  the  fees  and  compensation  of  justices  of  the  peace  and  constables  in 
townships  having  a  certain  number  of  votes  at  the  general  election  in  1890.  Stats.  1891, 127. 

An  act  to  authorize  the  boards  of  county  commissioners  of  certain  counties  in  the  State 
of  Nevada  to  cut  and  change  the  channels  and  courses  of  rivers  and  waterways  of  said 
counties  for  the  purpose  of  preventing  damage  to  and  destruction  of  taxable  property  in 
said  counties  by  the  overflow  of  water  from  such  rivers  and  waterways,  and  other  matters 
relating  thereto.  Stats.  1893,  68. 

An  act  to  provide  revenue  for  the  support  of  certain  counties  of  the  State  of  Nevada. 
Stats.  1893,  116. 


App.  D  LISTS  OF  OMITTED  ACTS  2122 

An  act  to  empower  boards  of  county  commissioners  to  lease  county  roads  and  to  fix  and 
authorize  the  collection  of  tolls  thereon.  Stats.  1893,  121. 

An  act  in  relation  to  public  roads  and  highways.     Stats.  1893,  122. 

An  act  to  provide  revenue  for  the  support  of  certain  counties  in  the  State  of  Nevada  and 
matters  pertaining  to  the  apportioning  and  disbursement  thereof.  Stats.  1897,  35,  amended 
Stats.  1899,  39,  Stats.  1901,  71. 

An  act  empowering  the  boards  of  county  commissioners  in  certain  counties  of  this  state 
to  classify,  regulate  and  fix  the  price  of  licenses  for  county  purposes.  Stats.  1899,  59. 

The  following  acts  have  been  omitted  because  they  were  expressly  declared  unconstitu- 
tional in  the  case  cited  after  the  title  of  the  respective  acts: 

An  act  entitled  an  act  authorizing  the  county  commissioners  of  the  several  counties  of 
this  state  to  appoint  additional  justices  of  the  peace.  Stats.  1867,  87.  State,  ex  rel.  Bull, 
v.  Snodgrass,  4  Nev.  524. 

An  act  to  aid  the  Nevada  Benevolent  Association  in  providing  means  to  erect  an  insane 
asylum.  Stats.  1871,  110.  Ex  Parte  Blanchard,  9  Nev.  101. 

An  act  to  define  and  establish  the  boundary  lines  of  Eureka  County.  Stats.  1875,  66. 
State,  ex  rel.  Chase,  v.  Eogers,  10  Nev.  250. 

An  act  to  establish  and  maintain  a  state  asylum  for  the  indigent,  poor,  and  maimed 
of  this  state.  Stats.  1879,  142.  State,  ex  rel.  Keyser,  v.  Hallock,  14  Nev.  202. 

An  act  to  aid  the  Nevada  Benevolent  Association  in  aiding  in  providing  means  for 
the  care  and  maintenance  of  the  insane  of  Nevada  and  for  other  charitable  purposes.  Stats. 
1881,  166.  State,  ex  rel.  Murphy,  v.  Overton,  16  Nev.  136. 

An  act  providing  for  the  licensing  of  traveling  merchants  and  merchants  doing  business 
through  soliciting  agents,  commonly  known  as  drummers.  Stats.  1885,  36,  amended  Stats. 
1885,  69.  Ex  Parte  Eosenblatt,  19  Nev.  439. 

An  act  prescribing  the  qualifications  of  electors  and  modifying  the  oath  for  the  registra- 
tion of  voters  in  conformity  therewith.  Stats.  1887,  106.  State,  ex  rel.  Whitney,  v.  Find- 
lay,  20  Nev.  198. 

An  act  concerning  grand  juries,  defining  their  number  and  prescribing  the  manner  in 
which  they  shall  be  drawn.  Stats.  1893,  31.  State  v.  Hartley,  22  Nev.  353. 

An  act  to  incorporate  Storey  County  and  provide  for  the  government  thereof.  Stats. 
1895,  73.  Schweiss  v.  District  Court,  23  Nev.  226. 

The  "Act  for  the  relief  of  insolvent  debtors  and  protection  of  creditors"  (Stats.  1881,  124, 
amended  Stats.  1883,  94,  Stats.  1885,  29,  Stats.  1887,  94,  110)  is  omitted  because  the  opera- 
tion of  the  same  is  suspended  during  the  pendency  of  the  national  bankruptcy  act.  See 
note,  page  189. 


INDEX 


The  numbers  refer  to  sections  unless  otherwise  indicated. 

Desired  sections  may  be  found  also  by  reference  to  the  alphabetical  list  of  titles  and  table 
of  contents  in  the  front  of  each  volume  and  to  the  schedules  under  titles. 


Abandonment,    child    abandoned    may    be 
adopted  without  consent  of  parent  5831. 
Consent  of  parent  adjudged  guilty  of,  \\hen 
not  necessary  on  adoption  of  child  5S2U. 
Of  homestead  2143. 
of  \\ay  by  railroad,  land  reverts  .'•!•">:>  1. 
Of  wife  or  child,  penalty  ti44(i. 
Abatement,  action  does  not  abate  by  death, 

disability  or  assignment,  when  .~><><>l. 
Abatement  of  nuisance.     See  Nuisance. 
Action  for  by  county  commissioners  1  5i»2. 
In  unincorporated  town  919,  912. 
In  unincorporated  town,  action  for  recov- 
ery of  expense  921. 
.Judgment,  damages  5604. 
Within  county,  commissioners  to  order,  dis- 
trict attorney  to  bring  action  15l>2. 
Abbreviations,  permissible  in  court  proceed- 
ings 48S5. 
Abduction,  defined,  jurisdiction,  penalty*;!  r>. 

8419,6421. 

Abolish  or  consolidate  county  offices,  legisla- 
ture may  (Nev.  Const,  art.  iv,  sec.  32)  290. 
Abortion,  defined,  attempts  at,  trial,  evidence, 

penalty  li-in:!.  r,405,  6447,  7177. 
Absence,  from  state  of  judicial  officer,  penalty 

for  (Nev.  Const,  art.  vi,  sec.  17)  3:51'. 
Leave  of  forbidden  to  judges  332,  4868. 
Leave  of  not  to  be  granted  by  legislature  to 
judicial  officer  (Nev.  Const,  art.  vi,  sec. 
17)  332. 

Leave  of  to  county  officers  1566-1568. 
Leave  of  to  state  employees  4109. 
Of  attorney,  any  questions  may  be  heard  on 
law  day  in  district  court,  D.  C.  rule  v,  p. 
1426. 

Of  judges,  when  forfeiture  of  office  332,  4868. 
Of  justice  of  the  peace,  another  may  attend 

in  his  behalf  5811. 

Or  inability  of    governor  and    lieutenant- 
governor,  president  pro  tempore  of  sen- 
ate to  act  (Nev.  Const,  art.  vi,  sec.  17)332. 
When  prevents  running  of  statute  of  limi- 
tations 4975. 

Absent  heirs,  attorney  for  5872,  6047. 
Absent  members  of  legislature,  attendance 
maybe  compelled  (Nev.  Const,  art.  iv,  sec. 
13)~271. 

Abstract  of  judgment  in  justice's  court  filed  in 

recorder's  office  creates  lien  on  land  5782. 

May  be  obtained  and  entered  in  docket  of 

district  court  and  execution  issued  in  other 

counties  5779,  5780,  5781. 

Abstract  of  public  records  may  be  made  3232. 

Abstract  of  testimony  in  statement  on  appeal, 

when  must  be  filed  in  supreme  court  5333. 


Abstract  of  title,  in  actions  for  partition,  how 

made,  verified  and  corrected  5545. 
In  actions  for  partition,  when  notice  of  must 

be  filed  5544. 

Acceptance  of  bills  of  exchange  2679-2689. 
Notary  public  may  demand  2747.     See  Ne- 
gotiable Instruments. 
Accessory.     See  Accomplice. 
Defined,  penalty  6275,  7071,  7072. 
Indictment, trial, conviction  ($27(5,  7071, 7072. 
Jurisdiction  of  6918. 
Accident  insurance  companies  1 106, 1310-1329. 

See  Corporations. 

Accidents,  duty  of  railroads  to  notify  com- 
mission, investigation  of  4578. 
In  mines,  notice  to  be  given,  investigation 

by  state  inspector  4207. 
Serious,  public  utilities,  notice  to  commisj 

sion  4541 . 

To  employees,  notice  to  employers  1918. 
Accommodation  party  to  negotiable    instru- 
ment liable,  when  2576. 
Accomplice.     See  Accessory. 

Corroboration  of  testimony  7180. 
Account,  copy  of  as  complaint  in  justice's 

court  57: in. 
Copy  of  may  be  ordered  delivered  and  filed 

Court  may  hear  evidence  or  order  reference 

after  default  5236. 
Of  securities  and  investments  in  action  for 

partition   to  be  kept  for  inspection  by 

clerk  ,5569. 

Open  for  goods,  wares  or  merchandise,  ac- 
tion may  be  brought  upon  within  four 

years  4967. 
Store,  action  for  any  article  charged  may 

be  brought  within  four  years  4967. 
When  inspection  and  copy  maybe  ordered 

in  action  in  justice's  court  5769. 
When  statute  of  limitations  begins  to  run 

from  last  item  4969. 
Accounts, contentsof  numerous  may  be  proved 

5417. 

Limitations  of  actions  on  4967. 
Accountant,  expert,  board  of  examiners  to  em- 
ploy when,  by  county  or  state  2855-2860. 
Accounting,  action  for  when   adverse  claim 

made  5479. 

Reference  may  be  ordered  5229,  5231. 
Accusation,  prosecution  by  7000. 

Right  to  be  informed  of  nature  of  (U.  S. 

Const.)  176. 

Accused,  not  to  be  compelled  to  be  a  witness 
against  himself,  right  to  appear  and  defend 
in  person  or  by  counsel  (Nev.  Const,  art.  i, 
sec.  8)  237. 


Acknowledgment 


INDEX 


2124 


Acknowledgment,  by  father,  illegitimate  child 
becomes  legitimate  from  birth  5833. 

Must  be  in  writing  to  prevent  bar  by  stat- 
ute of  limitations  4985. 

Of  consent  to  adoption  of  children,  how 
made  5831. 

Of  satisfaction  of  judgment  5279. 
Acknowledgment  of  written  instrument.     See 
Conveyances. 

By  commissioners  of  deeds  1000-1003. 

By  party  making  mark  must  have  two  wit- 
nesses 5475. 

Certificateof  to  have  court  seal  attached  4879. 

False  certificate  forgery,  penalty  6669. 

Form  and  certificate  of  1022-1026. 

Good  where  taken,  valid  1025. 

Identity  of  person  making  1023. 

Judge  and  clerk  of  district  court  may  take 
1020,  4883. 

Justice  of  the  peace  may  take  1020,  4883. 

Justices  and  clerk,  supreme  court,  may  take 
1020,  4883. 

Notary  public  may  take  1020,  2749,  2764. 

Of  conveyances  1017-1026. 

Of  wife,  form  2143,  2186-2188. 

Of  wife,  to  convey  realty  2186. 

Of  wife's  power  of  attorney  2187. 

Officers  taking  to  keep  record  1098,  1099. 

Record  of,  failure  to  keep,  penalty  1098, 1099. 

Recorder  may  take  1629. 

Taken  out  of  state  1096,  1097. 

What  officers  may  take  1001, 1020, 1629,4883. 

Who  may  make  1017-1020. 
Acquittal,  court  may  advise,  jury  not  bound 

by  7202. 

Acre  of  land  defined  4795. 
Acting  governor,  who  becomes,  when  (Nev. 
Const,  art.  v,  sec.  18)  311,  2807,  4250. 
Action,  criminal,  record  of  what  included  in 

7263. 

Actions.  See  Civil  Practice,  Criminal  Prac- 
tice, Constitution,  State,  Estates  of  De- 
ceased Persons,  Suit  1508, 1523, 5013,  5023. 

Civil,  venue  5011-5015. 

Controversy  submitted  without  5252-5254. 

Criminal,  if  offense  amounts  to  felony 
supreme  court  has  appellate  jurisdiction 
on  questions  of  law  alone  (Nev.  Const, 
art.  vi,  sec.  4)  319. 

How  commenced  5016-5034. 

Law  and  equity  administered  in  same  (Nev. 

Const,  art.  vi,  sec.  14)  329,  4943. 
1 — -I  Limitations  of.  See  Civil  Practice  4946-4985. 
'  One  form  of  civil  (Nev.  Const,  art.  vi,  sec. 

14)  329,  4943. 
Acts,  of  bankruptcy,  what  are  545. 

Of  Congress.     See  Bills. 

Of  Congress,  states  to  give  full  faith  and 
credit  to  (U.  S.  Const.)  159. 

Of  Congress,  supreme  law  of  land  (U.  S. 
Const.)  168. 

Of  legislature,  authentication  of  under  act 
of  Congress  526. 

Of  Territory  of  Nevada  in  force  at  time  of 
admission  of  state  to  remain  in  force  un- 
til repealed  (Nev.  Const,  art.  xvii,  sec.  2) 
386. 

Pertaining  to  elections  prohibited  and  pun- 
ished. See  Elections  1705-1914. 

Relating  to  civil  practice  applicable  to 
suits  for  delinquent  taxes  3666. 


Acts  of  bankruptcy— continued. 

Repealed  by  civil  practice  act,  schedule  5821. 
Actual  bias  of  juror  defined  7147. 
Adjournment.     See  Civil  Practice. 

Entry  regarding  to  be  made  in  justice's 
court  docket  5800. 

In  justice's  court,  not  to  be  for  more  than 
ten  days  unless  upon  undertaking  con- 
ditioned for  payment  of  judgment  5760. 

May  be  had  on  hearing  in  contempt  pro- 
ceedings 5402. 

Not  granted  in  action  for  forcible  entry  or 
unlawful  detainer,  when  admission  that 
evidence  would  be  given  5598. 

Of  court,  after  submitting  criminal  action 
to  jury,  effect  7211,  7212. 

Of  court,  when  may  be  made  by  sheriff  or 
clerk  4872. 

Of  legislature  by  governor  (Nev.  Const,  art. 
v,  sec.  11)  304. 

Of  legislature  from  day  to  day  (Nev.  Const, 
art.  iv,  sec.  13)  271. 

Of  legislature,  neither  house  to  adjourn  for 
more  than  three  days  or  to  other  place 
without  consent  of  other  house  (Nev. 
Const,  art.  iv,  sec.  15)  271. 

On  amendment  of  pleadings  in  justice's 
court  if  necessity  for  be  shown  under  oath, 
costs  5742. 

When  civil  action  to  be  continued  without 

in  justice's  court  5756. 
Adjudication  in  bankruptcy  560. 
Adjutant-general,  aide-de-camp   to  rank   as 
colonel  4023. 

Assistants,  to  appoint  3993. 

Board  to  investigate  state  police,  member 
of  4281. 

Bond  of  3996. 

Chief  of  governor's  staff  3993. 

Chief  of  ordnance  3993. 

Commissary-general  3993. 

Commissions,  to  attest  3967. 

Duties  and  rank  of,  ex  officio  offices  3993- 
3995. 

Duties  of  relative  to  state  police  4280,  4294- 
4298. 

Ex  officio  commissary  of  state  police  4294- 
4298.  See  State  Police. 

Governor  to  appoint,  wrhen  4039. 

Inspectorrgeneral  3993. 

Lieutenant-governor  ex  officio  4250  (Nev. 
Const.)  310. 

Mileage  of  3992. 

Militia,  annual  drill  to  call  out  for  4022. 

Must  verify  records,  when  certified  by  him 
are  evidence  4080. 

Property,  duty  as  to  4040,  4043. 

Quartermaster-general  3993. 

Rank  of  brigadier-general  on  governor's 
staff  3993,  4004. 

Staff  of  4005. 

To  receipt  for  property  4043. 
Adlitem,  guardian,  how  appointed  4993,  5726. 

See  Guardians,  Civil  Practice,  D.  C.  rules 

xxix-xxxi,  p.  1430. 

Administration .   See  Estates  of  Deceased  Per- 
sons, Civil  Practice. 

Community  property  not  subject  to  if  wife 
pays  or  secures  indebtedness  2165. 

Judgment  rendered  after  death  of  party  pay- 
able in  course  of  5272. 


2125 


INDEX 


Advertising 


Administration— continued. 

Of  estates  of  deceased  persons,  payment  of 
court  fee  upon  commencement  of  pro- 
ceeding 2030. 

Special  letters  of  may  be  granted  by  district 

judge  in  vacation  4850. 

Administrator.    See  Estates  of  Deceased  Per- 
sons, Public  Administrator,  Civil  Practice. 

Action  against  on  rejected  claim  to  be 
brought  within  30  days  after  notice  5968. 

Action  for  death  by  wrongful  act  5648. 

Action  not  to  be  maintained  on  claim  against 
estates  of  deceased  persons  unless  claim 
has  been  filed  5972. 

Allegation  of  as  a  legal  conclusion,  when 
sufficient  5078. 

Costs  in  action  by  or  against  and  how  charge- 
able 5385. 

Duty  to  commence  action  to  set  aside  fraudu- 
lent conveyance  made  by  decedent,  appli- 
cation and  payment  of  costs  by  creditors 
6029,  6030. 

Limitation  of  action  to  recover  estates  sold 
by  or  to  set  aside  sale  4864. 

May  have  execution  issued  on  judgment 
after  death  of  party  5285. 

May  make  conveyance  under  contract  of 
decedent  6147. 

May  sue  without  joining  beneficiarv  4987. 

Public  1615-1627. 

Time  within  which  action  may  be  brought 
by  or  against  4977,  4978. 

When  may  have  execution  stayed  on  appeal 
without  giving  stay  bond  5352. 

With  will  annexed,  powers  5890. 
Administratrix,    marriage     of     extinguishes 

authority  5898. 

Admission,   of   counterclaim    by    failure    to 
demur  or  reply  5058. 

Of  genuineness  of  instrument  copied  into 
complaint  if  no  verified  denial  5062. 

Of  making  of  note  or  instrument  in  justice's 
court  unless  denied  by  verified  answer 
5770. 

Of  Nevada,  proclamation  announcing  430. 

Of  service  of  summons  5032. 

That  evidence  alleged  in  affidavit  on  motion 
for  continuance  would  be  given  allows 
trial  to  proceed  5202. 

That  evidence  would  be  given  in  action  for 
forcible  entry  or  unlawful  detainer  avoids 
continuance  5598. 

That  evidence  would  be  given  when  avoids 
postponement  in  civil  action  in  justice's 
court  5759. 

Adoption  of   children.     See    Civil   Practice, 
Juvenile  Court  Law. 

Act  relating  to  does  not  apply  to  Mongo- 
lians 5834. 

Child  adopted  entitled  to  protection,  sup- 
port and  inheritance  5826,  5829. 

Child  adopted  may  take  name  of  persons 
adopting  5830. 

Children  adopted  and  persons  adopting  bear 
legal  relation  of  parent  and  child  5830. 

Consent,  how  given,  agreement,  how  exe- 
cuted, procedure  5826. 

Guardian,  when  may  consent  to  adoption, 
746. 

Habitual  drunkard,  consent  of  not  required, 
when  5828. 

134 


Adoption  of  children— continued. 

How  consent  of  nonresident  parent  to  be 
executed  and  acknowledged  5831. 

Husband  and  wife  not  lawfully  separated 
cannot  adopt  without  consent  of  other 
5827. 

Judge  to  file  papers,  have  order  entered  in 
court  minutes  and  recorded  in  office  of 
county  recorder,  notice  to  the  world  5832. 

Proceedings  before  district  judge,  order  and 
rights  of  adopted  child  5829-5831. 

Requirements  5825. 

Schedule  of  sections  5825. 

When  consent  of  absent  parent  must  be  ob- 
tained or  need  not  be  obtained  5831. 

When  consent  of  parent  of  abandoned  child 
not  necessary,  custodian  or  next  friend  to 
be  cited  and  examined  5831. 

When  illegitimate  child  deemed  adopted  by 
consent  of  father  5833. 

When   not   to  be  had  without  consent  of 
parents,  child  over  12  years  must  consent 
in  writing  5828. 
Adoption  of  constitution,  abstract  of  vote  on 

224,  225. 
Adoption  of  constitution  of  United  States  by 

state  (Nev.  Const,  art.  i,  sec.  2)  277,  231. 
Adulterated  foods,  drugs  or  liquors,  sale  of, 

penalty  3486,  4511,  (><)!<;. 

Adulterated  milk,  sale  of,  penalty  6536-6539. 
Adulteration  of  drugs,  penalty  4511. 

Of  foods,  drugs  and  liquors,  act  to  prevent 
3486-3510.   See  Pure  Food  and  Drug  Law. 
Adultery,  as  affecting  division  of  community 
property  upon  decree  of  divorce  2166. 

Consent  of  parent  adjudged  guilty  of  or  di- 
vorced for,  when  not  necessary  on  adop- 
tion of  child  5828. 

Defined,  penalty  6458,  6460. 

Of  husband,  what  disposition  of  property 
may  be  made  if  wife  obtains  divorce  5843. 

Since  marriage  unforgiven  is  ground  for 

divorce  5838. 

Advancements  6089,  6120-6124,  6218.    See  Es- 
tates of  Deceased  Persons,  Wills. 
Adverse  action,  for  mining  claim  on  applica- 
tion for  patent,  what  necessary  to  be  shown 

5526. 
Adverse  claim,  action  to  determine  5479. 

To  land  under  right  of  way  for  railroad, 
payment  into  court  3541. 

To  real  property,  action  to  determine,  how 
and  by  whom  brought  5522. 

To  real  property,  service  of    summons    in 

action  to  determine  5523. 
Adverse  claimant  to  mine  on  application  for 

patent  to  bring  suit  2384. 
Adverse  possession  not  established  unless  taxes 
are  paid  4960. 

Of  one  lot  not  deemed  possession  of  other 
lots  of  same  tract  4956. 

Of  real  property  for  fifteen  years  as  ground 
for  action  5522. 

Requisites  of  4956-4961. 

Under  claim  of  title  without  written  instru- 
ment 4958-4960. 

Under  written  instrument,  effect  4956 
Advertising,  for  divorce  business,  penalty  6462. 

Official  2867,  4481. 

On  property  of  another,  penalty  6753.  *n 

To  prevent  conception,  penalty  64ol-645.~>. 


Advising  suicide 


INDEX 


2126 


Advising  suicide,  penalty  6381-6383. 
Advocating  anarchy,  penalty  6614,  6617,  6618. 
Affidavits  (civil  action)  5450-5453.     See  Civil 

Practice. 
Affidavits  (criminal  action),  entitlement  7414. 

For  change  of  venue  7116. 

For  new  trial  7235. 

For  search  warrant  7414. 
Affidavits.     See  Civil  Practice. 

Before  judge  out  of  state,  genuineness  of 
signatures  to  be  certified  by  clerk  under 
seal  5453. 

For  taking  deposition  in  state  5455. 

For  use  in  this  state,  before  whom  made 
5450. 

Made  in  foreign  country,  by  whom  taken 
5452. 

Made  out  of  state,  how  taken  in  other  state 
or  territory  5451. 

May  be  taken  by  judges  and  clerks  of  su- 
preme and  district  courts  4883. 

Notary  public  may  take  2750. 

Of  annual  work  on  mine,  recorded  or  certi- 
fied copy  when  prima  facie  evidence  2431. 

Of  publication  of  notice  relating  to  partner- 
ship is  prima  facie  evidence  2914. 

Of  service  of  notice  for  presentation  of 
claims  against  bank  in  hands  of  bank 
examiner  671. 

Of  service  of  notice  upon  persons  holding 
claims  against  closed  bank  671. 

Regarding  nonpayment  for  annual  work 
on  mine  by  delinquent  coowner,  when 
prima  facie  evidence  2432. 

Taken  before  notary  public  may  be  used 
before  any  court,  judge  or  notary  public 
2750. 

That  controversy  is  real  when  submitted 
without  action  5252. 

That  district  judge  is  absent  from  state  or 
unable  to  act,  as  ground  for  having 
another  district  judge  extend  time,  D.  C. 
rule  43,  p.  1431. 

That  person  is  65  years  of  age    exempts 

from  jury  4941. 

"  Affinity,"  when  signifies  connection  existing 
in  consequence  of  marriage  between  each 
of  the  married  persons  and  blood  relative 
of  the  other  5475. 
Affirmation,  false  deemed  perjury  5448. 

In  lieu  of  oath  (Nev.  Const,  art.  xv,  sec.  2) 
370. 

Included  in  oath  5475. 

May  be  taken  by  witness  instead  of  oath, 
when  5448. 

Oath,  form  of  to  jury  5208. 

Or  official  oath  (Nev.  Const,  art.  xv,  sec.  2) 
370. 

Who  may  administer  5483. 
Affray,  defined,  penalty  6594. 
Age,  exemption  from  jury  4941. 

Of  consent  6442. 

Of  consent,  action  for  annulment  of  mar- 
riage of  person  under  2357. 

Of  discretion  6268,  6269. 

Of  majority,  male  and  fern  ale  431, 2339, 6154. 

Orphans'  act  4095. 

Qualifications  of  elector  (Nev.  Const,  art.ii, 
sec.  1)  250. 

Qualifications  of  president  (U.  S.  Const.) 
144. 


Age — continued . 
Qualifications    of    representative     (U.    S. 

Const.)  89. 
Qualifications  of  state  officers  (Nev.  Const.) 

296,  310,  2766. 
Qualifications    of   United    States    senators 

(U.  S.  Const.)  95. 

Aged  and  infirm  indigents,  relief  to  be  pro- 
vided (Nev.  Const,  art.  xiii,  sec.  3)  367. 
Agent  or  employee,  violation  of  duty,  penalty 

6786. 
Agent,  registry  for  elections  1705-1719.     See 

Elections,  and  Justice  of  the  Peace. 
Agents,  resident,  of  corporations   119,  1120. 

See  Corporations. 

Under   pure    food  and  drug  act,  how  ap- 
pointed, compensation  3507. 
Aggravation  or  mitigation  of  judgment,  in 
criminal  action,  court  may  hear  facts  rela- 
tive to  7254,  7255. 

Agriculture,  agricultural  college.     See  Agri- 
cultural College. 
District  associations  432-444. 
Experiment  farms  465-476. 
Experiment  station  456-464. 
Improvement  to  be  encouraged  353. 
Society,  state  3916-3932.     See  full  index 

State  Agricultural  Society. 
Artesian  wells,  bounties  for  702-717. 
College  of.     See  Agricultural  College. 
Extermination  of  pests  454,  455. 
License  for  sale  of  products,  exemption  445. 
Products  exempt  from  license  445. 
State  bureau  of  4486-4494.     See  full  index 
State  Bureau  of  Industry,  Agriculture  and 
Irrigation,  post. 
Water  and  irrigation  4672-4791.     See  full 

index  Water,  post. 

Agricultural  college.     See  University  of  Ne- 
vada. 

Act  of  Congress  in  aid  of  4655. 
Established  at  University  (Nev.  Const. )356- 

360,  4639,  4656. 
Investment  of  funds  by  regents,  instruction 

in  (Nev.  Const,  art.  ii,  sec.  4)  356. 
Land  grants  to  3182,  3186,  3191,  3192. 
Agricultural  district  associations,  aid  by  coun- 
ties 440-444. 
Funds,  how  used  442. 
Funds,  not  for  racing  441. 
Funds,  limited  443. 
Directors  of  434-437. 
Classified  437. 
Governor  to  appoint  435. 
Districts  established  432. 
Fiscal  year  437. 
Formation  of  433. 
Officers  of  434. 
Reports  to  governor  439. 
State  institution  438. 
Agricultural    experiment    farm,   at   Logan, 

Clark  County  465-470. 
Board  of  control  and  meetings,  expenses 

468-470. 

Governor  to  appoint  470. 
At  Pleasant  Valley,  Elko  County  471-476. 
Board  of  control,  governor  appoint  476. 
Qualifications,   expenses    and    meetings 

474-476. 

Agricultural  experiment  station  456-464. 
Acceptance  federal  aid  460,  461,  464. 


2127 


INDEX 


Annual  assessment  work 


Agricultural  experiment  station — continued. 
Board  of  control  457-463. 
Federal  act  establishing  4655. 
Funds,  disposition  of  458-4(>L). 
Pure     food    and    drug    law,  adulteration 

defined  3489. 

Adulteration  or  misbranding  food,  drugs, 
liquors,  import  or  sale  of,  penalty  3486. 
Agent,  appointed,  compensation  3507. 
Analyses  contested,  hearings  on,  publica- 
tion, chemist,  duties  concerning  3503. 
District  attorney,  duties  concerning  3505, 

3509. 

Drugs,  adulterated,  defined  3492. 
Defined  3490. 

Standard  of  purity  defined  3491. 
Employer  responsible  for  act  of  employee, 

when  3510. 

Experiment  station  director,  report  to  dis- 
trict attorney  3504. 

May  buy  samples  and  procure  informa- 
tion, when  3502. 

Records  to  keep  and  publish  3506. 
To  analyze  and  examine  samples  3498, 

3499.  * 

To  make  rules  3497. 
Food  defined  3487. 
Food  seized,  destroyed,  when  3508. 
"Misbranded"  drugs,  liquors,  food  defined 

3493. 
"Mislabeled,"  «  misbranded"  food,  liquor, 

drugs,  when  deemed  3494. 
"Package"  defined 8496. 
Purity  of  food,  drugs,  liquor,  standard  of 

defined  34  sv 
Purity,    retailer    not    punishable    when 

wholesaler  guarantees  3509. 
Possession  prirna  facie  evidence  3496. 
Retailer  not  punishable  when  wholesaler 

guarantees  purity  3509. 
Rules,  experiment  station  to  make  3497. 
Samples,  analysis  and  examination  of,  ex- 
periment station  to  make  3498,  3499. 
Divided  and  sealed,  when  3499. 
Experiment  station  may  buy,  when,  re- 
fusal to  sell  to  or  give  information, 
penalty  3502. 
Suspected  food,  drug,  liquor,  sheriff  to 

obtain,  when  3500. 
Sheriff,  fees  3501. 
Sheriff   to  obtain  samples  of  suspected 

food,  drug,  liquor,  when  3500. 
Violation  of  act,  misdemeanor,  penalty 

3508. 

Reports,  publication  of  459,  463. 
University  regents  to  control  457-463. 
Aid  of  state  to  certain  corporations  prohibited 

(Nev.  Const,  art.  viii,  sec.  9)  346. 
Aiding  prisoner  to  escape,  penalty  6340. 
Aiding  suicide,  penalty  6381-6383. 
Alias  summons  5017,  5729.     See  Civil   Prac- 
tice. 
Alienation  pending  suit  does    not  prejudice 

action  for  recovery  of  real  property  5521. 
Aliens.     See  Naturalization,  Chinese. 

How  may  become  citizens  of  United  States 

2517. 
May  be  naturalized  by  United  States  courts 

and  state  district  court  2516. 
Not  to  be  naturalized  within  30  days  prior 
to  general  election  2519. 


Aliens — continued. 
Rights  of  guaranteed  (Nev.  Const,  art.  i, 

sec.  16)  245. 
When  lost  record  relating  to  naturalization 

may  be  restored  5640. 

Alimony  and  divorce  5838-5845.    See  Divorce. 
Alimony    pendente    lite,   husband    may   be 

ordered  to  pay  5843. 
Allegiance,  paramount    (Nev.  Const,  art.  i, 

sec.  2)  231. 
Alleys,  eminent  domain  may  be  exercised  for 

5606. 
Alphabetical    index,  to  docket,  in   justice's 

court,  required  to  be  kept  5802. 
Altering  or  destroying  evidence,  penalty  6358. 
Amendment.  See  Civil  Practice,  Constitution. 
Amendments    of    indictment,  when    allowed 

7060. 
Amendments  to  constitution,  article  on  (Nev. 

Const.)  383,384. 

How  adopted,  limitation  (U.  S.  Const.)  166. 
Amendments  to  pleadings  (civil)  5080-5086, 

5742.     See  Civil  Practice. 
American  eagle,  killing,  penalty  0811. 
American  flag,  desecration  of,  penalty  6603. 
American  independence,  declaration  of  65-70. 
American  Indian  or  red  race,  marriage  with 

white  race  unlawful,  penalty  6514. 
Analysis  of  foods  and  drugs  3498,  3499. 
Contested  hearing  3503.    See  Pure  Food  and 

Drug  Law. 

Analysis  of  minerals  at  university.     See  Uni- 
versity of  Nevada. 
Anarchy  defined  6613-6618. 
Ancient  Free  and  Accepted  Masons,  incorpo- 
ration of  1418-1423. 
Ancient  Order  of  Hibernians,  incorporation 

of  1410-141:.. 

Animals.    See  Live  Stock,  Marks  and  Brands, 
Bureau  of  Animal  Industry,  Sheep  Com- 
mission, State  Veterinarian. 
Brand  prima  facie  proof  of  ownership  7172. 
Cruelty  to  1378-1380,  6815. 
Diseased,  bringing  into  state  2995. 
Exposing  6530-6532,  6815. 
Sale  of  2995. 

Dog,  vicious  unlawful  to  keep  6441. 
Domestic,  working  without  consent  6744. 
Driving  or  removing  from  range  6640,  6642. 
Estray,  to  impound,  book  of,  fees  2261, 2265, 

2275,  2282,  2329-2331. 
False  certificate  of  registration  6746. 
False  representation  of  breed  6746. 
Killing,  maiming,  disfiguring  or  poisoning 

6640,  6747,  6753. 

Larceny  of ,  ranging  in  several  counties  6914. 
Liens  on  by  ranchmen  and  others  2332, 5499- 

5500. 

Noxious,  bounties  for  718-727. 
Running  at  large  in  city  or  town  794  (71), 

2261. 
Stealing  or  unlawfully  branding  or  defacing 

mark  or  brand  6640. 
Vicious,  allowing  at  large  6591. 
Vicious  dog  unlawful  to  keep  6441. 
Vicious  or  dangerous  causing  death,  man- 
slaughter 6407. 
Annual  labor  or  assessment  work  on  mining 

claims  2046,  2382,  2383,  2395,  2430. 
When  affidavit  recorded  of  performance  or 
certified  copy  is  evidence  2431. 


Annual  statement 


INDEX 


2128 


Annual    statement   of    franchise    filed    with 

assessor  2136. 

Annual  tax,  legislature  shall  provide  for  to 

meet  expenses  of  state  for  fiscal  year  or 

ensuing  two  years,  and  deficiencies  (Nev. 

Const,  art.  ix,  sec.  2)  349. 

Annulment  of  marriage  for  want  of  consent 

2355. 

Anonymous  letters  or  writing,  penalty  6438. 
Answer.     See  Civil  Practice. 
District  court  5046-5052. 
Justice's  court  5738.     See  Civil  Practice. 
To  arraignment,  how  made,  time  7088, 7089. 
Antedating  mining  location  notice,  penalty 

6675. 

Antelope,  open  season,  limit  2093,  2094. 
Appeals     See    Civil    Practice,    Constitution, 
Criminal  Practice,  District  Court,  Justice 
Court,  Supreme  Court,  Estates,  Railroads. 
Civil,  from  district  court  5325-5361. 

From  justice's  court  5788-5794. 
Criminal,  from  district  court  7286-7307. 

From  justice's  court  4848,  7286,  7512-7518. 
Appearance.     See  Civil  Practice. 
Appellant.     See  Civil  Practice. 
Appellate   jurisdiction,   district   court  (Nev. 

Const,  art.  vi,  sec.  6)  321,  4840. 
Supreme  court  (Nev.  Const,  art.  vi,  sec.  4) 

319,  4832,  4833. 
See  Civil  Practice, Criminal  Practice,  Estates 

of  Deceased  Persons. 
Apex,  of  lode  controls  vein  2426. 
Apiaries,  commissioners  to  appoint  inspec- 
tors of  477. 

Compensation,  to  fix  478. 
Duties  of  inspectors  479,  480. 
Penalties  481. 

Appliances  and  appurtenances,  of  public  util- 
ity having  franchise,  to  be  of  best  make  1263. 
Application,  for  discharge  from  arrest  in  civil 

action,  hearing  5117. 
For  discharge  from  arrest  in  civil  action, 

renewal  of  5120. 

For  order  refused  not  to  be  made  again 
except  to  judge  of  higher  court,  violation 
a  contempt,  order  may  be  vacated  4881, 
4882. 

For  rule  or  order  made  to  one  district  judge 
not  to  be  made  to  another  unless  upon 
written  consent,  D.  C.  rule  32,  p.  1431. 
For  underground  survey  of  mine,  how  made 

and  served  5511. 
Appointed  officers,  who  2765. 
Appointment,  by  governor  or  county  commis- 
sioners of  successor  to  officer  removed  for 
malfeasance  2853. 
Of  another  to  perform  duties  of  suspended 

revenue  officer  3753. 

Of  officers,  ambassadors,  ministers  and  con- 
suls (U.  S.  Const.)  149. 
Of  receiver,  when  may  be  made  5193. 
Or  choosing  of  officers  whose  election  or 
appointment  is   not  otherwise  provided 
for  may  be  made  as  prescribed  by  law 
(Nev.  Const,  art.  xv,  sec.  10)  378. 
When  not  to  be  made  of  assemblyman  or 
senator  to  office  created  during  his  term 
(Nev.  Const,  art.  iv,  sec.  8)  266. 
Appointments,  constitutional,  provisions  con- 
cerning (Nev.  Const.)  270,  301,  378,  406. 
See  County  Commissioners,  Governor. 


Apportionment,  of  school  fund  (Nev.  Const.) 

354,  355,  3390-3392.     See  Public  Schools. 
Of  senators  and  assemblymen  (Nev.  Const.) 

381,390,4110,4111. 

Based  on  population  (Nev.  Const.)  381. 
Appraisers,  asking  or  receiving  bribe,  penalty 

6312. 
How  to  be  selected  on  condemnation  of 

land  for  toll  road  3052. 
May  be    appointed   to    estimate  value    of 

homestead  under  execution  2144. 
May  determine  value  of  attached  property 

to  -be  released  by  undertaking  5164. 
Of  estates  of  decedents  5943-5949. 
Of  land  appropriated  for  ditch  or  flume  47 1 1 . 
Of  right  of  way  for  telegraph  line,  appeal 

from  4629. 
Or   arbitrators,  district  court  or  judge  in 

vacation  may  appoint  4849,  4850. 
Apprentices,  general  act  relating  to  482-497. 
Action  to  determine  damages  for  breach  of 

contract  491 . 

Action  to  set  aside  covenants,  costs  492,493. 
County  commissioners,  duties  to  483,  490. 
County  recorder,  records  488,  489. 
Covenants,  form,  execution  484,  485. 
Cruelty  to,  action  for  abuse  of  490,  491,  492. 
Duties  of  master  or  mistress  487. 
Fees,  recorder,  witnesses,  jurors  489,  494. 
Guardians,  liability  492,  497. 
Indenture,  form,  execution  484,  485. 
Jury,  breach  of  contract  491. 
Justice  of  peace,  complaints,  hearings  490- 

496. 

Master  or  mistress,  duties  486,  487. 
Minors,  bound  as  483. 
Orphans  may  be  bound  as  483,  4097. 
Penalties  495,  496. 
Records  488,  489. 

Runaways,  aiding  or  concealing  495,  496. 
Teaching  486,  487. 

Appropriation  of  water.     See  Water. 
For  desert  lands  3150. 
What  water  subject  to  4672. 
Appropriations  by  legislature,  accounts  with, 

controller  to  keep  4159. 
Money  not  to  be  drawn  from  treasury  except 

upon  (Nev.  Const,  art.  iv,  sec.  19)  277. 
State  indebtedness,  to  be  made  for    (Nev. 

Const,  art.  ix,  sec.  3)  350. 
Aqueducts,  injury  to,  penalty  6757. 
Arbitration  5255-5264.  See  Civil  Practice,  Em- 
ployer and  Employee. 
Under  employers'  liability  act  1922,  1923, 

1931,  1935. 
Arbitrator,  asking  or  receiving  bribe,  penalty 

6320. 

District  court  may  appoint  4849,  4950. 
Influencing  or  attempting  to  influence  un- 
lawfully, penalty  6323. 

Receiving  communication  unlawfully,  pen- 
alty 6324. 
Unlawful  promise  or  agreement  of,  penalty 

6324. 

Arbitrators.     See  Civil  Practice. 
Failure  to  agree  under  employers'  liability 

act,  either  party  may  have  adjudication 

by  court  1923. 
Fees  and  expenses  on  voluntary  submission 

of  dispute  between  employer  and  employee 

1935. 


2129 


INDEX 


Asking  subscriptions 


Arbitrators— continued. 

If  decision  of  unanimous  under  employers' 
liability  act  to  be  final  and  binding  1922. 

Insolent  'behavior  toward  is  contempt  5394. 

Majority  of  may  act  54SS. 

On  voluntary  submission  of  dispute  betwcrn 
employer  and  employee  may  subpena  wit- 
nesses'and  administer  oaths  1932. 

Statement  of  facts  by  on  proceedings  for 

contempt  539(>. 
Arbor  day  :'>:J-W,  :):55n. 
Archives  and  records  of  Territory  of  Nevada 

vested  in  state  (Nev.  Const,  art.  xvii,  sec.  4) 

388. 

Argument.   See  Civil  Practice,  Criminal  Prac- 
tice. 
Arms,  military  363.     See  State  Militia. 

Public,  safekeeping  of  (Nev.  Const,  art.  xii, 
sec.  1)  363. 

Right  of  people  to  keep  and  bear  (U.  S. 

Const.)  172. 
Armed  association,  when  unlawful,  penalty 

6604. 
Armed  force,  when  may  be  called  out  2839- 

2S43,  3982,  4058. 

Army,  Congress  to  raise  and  support,  appro- 
priation for  limited  (U.S.  Const.)  122, 124. 

Constitutional  provisions  concerning  (Nev. 

Const,  art.  i,  sec.  11)  240. 
Arraignment,  on  indictment  7074-7089. 

Answer  to,  how  made  7089. 

Answer  to,  time  for  7088. 

Bail,  when  increased  on  7083. 

Defendant  committed  when  7084. 

Demurrer  7089. 

Failure  to  appear,  bench  warrant  7077. 

For  felony,  defendant  present  7'>7-">. 

For  misdemeanor,  may  appear  by  counsel 
7075. 

How  made,  copy  delivered  7086. 

Increased  bail  7083. 

Informed  of  right  to  counsel  7085. 

Motion  to  set  aside  on  7089. 

Name  of  defendant  7087. 

Officer  to  present  defendant  7076. 

Plea  7089. 

Right  of  counsel  on  7085. 

Time  to  answer  7088. 

True  name  to  give  7087. 
Arrest  (criminal) ,  after  bail,  when  7340. 

Authorized  by  telegraph  4618,  6967. 

By  private  person,  duty  6964. 

By  private  person,  when  6954. 

By  sureties  7334. 

By  whom,  and  how  made  6951-6967. 

Cities,  who  may  make  in  800. 

Custody  of  defendant  6934. 

Defendant  taken  before  magistrate  without 
delay  6947. 

Duty  of  officer  making  6940,  6944-6950. 

Duty  on  making  6964-6966. 

Duty  to  aid,  when  2820,2833, 6361,6606, 6956. 

Escape  or  rescue  from,  recapture  6968,6969. 

Examination,  preliminary,  on  6970-6998. 
See  Preliminary  Examination,  post. 

Force  may  be  used  6960-6962,  6969. 

How  made  6952. 

In  other  county,  procedure,  bail  6940. 

Magistrate  may  orally  order,  when  6955. 

Misdemeanor,  proceedings  on  6950. 


Arrest—  continued 
Of  convicted  defendant  on  bench  warrant 

7250. 

Offense  not  bailable,  duty  of  officer  7322. 
Officer  making  to  receipt  for  property  taken 

7450. 
Officer  refusing   to   make  on   lawful  com- 

Dumd2820,2833,4290,6361,6606,  6863,6056. 
On  bench  warrant  right  to  bail  7:11*1,  7322. 
On  order  of  recommitment  7:»12. 
Person    making    may  orally  summon  aid 

i's:;:;,  <;:;<;i,  6606,0956. 
Proceeding  on,  bail  <>!):U,  («)40,  6944,  6949, 

6050. 

Property  taken,  receipt  for  7450. 
Resistance  of  or  attempted  flight,  force  6960. 
Restraint  on,  no  more  than  necessary  6952. 


Unlawful,  penalty  for  6806. 
Warrant  of  to  be  s 


shown,  when  6959. 
Weapons  taken,  delivery  to  magistrate  6963. 
Whon  may  be  made,  day,  night  6957. 
Without  warrant  (5953,  6958,  6965,  6966. 
Arrest  of  judgment  (criminal),  bail,  disposi- 

tion of  7241. 

By  court  of  own  motion  7239. 
Defendant,  order  concerning  7241. 
Defined  7238. 
Effect  of  allowance  7240. 
Grounds  for  7238. 
Motion  for,  grounds  7105. 
Motion  in  7238. 

Not  bar  to  further  prosecution  7241. 
Proceedings  after  allowance  7i'-l  1  . 
Arrest  and  bail  (civil).     See  Civil  Practice. 
District  court,  proceedings  5087-5123. 
Elector  exempt  from  on  election  day  (Nev. 

Const,  art.  ii,  sec.  4)  253. 
Excessive  bail  ,  release  on  habeascorpus  51  13. 
Justice's  court,  proceedings  5744-5748. 
Legislature,  members  of  exempt  from  (Nev. 

Const,  art.  iv,  sec.  11)  269. 
Privilege  of  members  of  Congress  from  (U.S. 

Const.)  106. 

Release  from  arrest  5119-5122. 
Release  from  arrest  in  contempt  proceed- 

ings 5398. 
Arrested  person,  refusing  communication  with 

attorney  or  intimidation  of  6807. 
Arson  6624-6631. 
Attempt,  what  is,  penalty  6631. 
Investigation   to    determine  if  committed 

7532-7539. 
"  Set  on  fire,"  defined  6628.     See  Incendiar- 

ism 7532-7539. 
To  defraud  insurer  6626. 
Art  curiosities,  exempt  from  execution  5822, 

5823. 

Articles  of  confederation  71-85. 
Articles  of  incorporation,  what  to  set  forth 

1108,  1114,  1115,  1119.     See  Corporations. 
Artesian   wells,   bounties    for   702-717.     See 

Bounties. 

Machinery  for  exempt  from  execution  5288. 
Sinking  of,  gives  preferred  right  to  purchase 

state  land  3208. 

Asking  or  receiving  compensation  or  reward 
for  compounding  or  concealing  crime  or  im- 
peding prosecution  thereof,  penalty  6393. 
Asking    or    receiving    subscriptions    without 
authority,  penalty  6718. 


Assault 


INDEX 


2130 


Assault  6412. 

And  battery,  penalty  6414. 

Action  for  may  be  brought  within  two 
years  4967. 

Provoking  or  attempting  to  provoke,  pen- 
alty, 6415. 

Where  mayhem  attempted,  penalty  6418. 

With  deadly  weapon,  penalty  6413". 

With  intent  to  kill  or  commit  felony,  pen- 
alty 6413. 

With  whip  or  stick  with  intent  to  intimidate 
by  reason  of  possession  of  deadly  weapon, 
penalty  6411. 

Assay,  when  ore  extracted  from   mine  pre- 
sumed to  be  twice  the  value,  5509. 
Assayers,  failing  to  identify  bullion  or  amal- 
gam or  keep  record  of,  penalty  2483-2486, 

6763,  6764. 

Assemblage  of  anarchists,  penalty  6615. 
Assemble,  right  of  people  to  guaranteed  (U.S. 

Const.  191;  Ney.  Const,  art.  i,  sec.  10)  239. 
Assembling  to  disturb  peace,  penalty  6593. 
Assembly  (Nev.  Const.)  261,  263-5,  267,  389, 
390,  395,  4111-4127. 

Bill  may  originate  or  be  amended  in  (Nev. 
Const,  art.  iv,  sec.  16)  274. 

Has  sole  power  of  impeachment,  majority 
of  all  members  necessary  (Nev.  Const, 
art.  vii,  sec.  1)  334. 

Judge  of  qualifications  of  its  members,  may 
choose  officers  and  punish  or  expel  mem- 
bers (Nev.  Const,  art.  vi)  264. 

May  punish  or  imprison  person  not  member 
(Nev.  Const,  art.  iv,  sec.  7)  265. 

Speaker  of  to  receive  $2  per  day  additional 

(Nev.  Const,  art.  iv,  sec.  83)  291. 
Assembly  and  senate,    legislative    authority 

1  vested  in  (Nev.  Const,  art.  iv,  sec.  2)  259. 
Assemblymen,  compensation  of  (Nev.  Const, 
art.  xvii,  sec.  5)  389. 

Compensation  not  to  be  increased  or  dimin- 
ished during  session  (Nev.  Const,  art.  iv, 
sec.  28)  286. 

Compensation  to  be  fixed  by  law,  not  to 
be  increased  during  session  (Nev.  Const, 
art.  iv,  sec.  22)  291 . 

Payment  of  expense  of  for  postage,  express 
charges,  newspapers  and  stationery  (Nev. 
Const,  art.  iv,  sec.  33)  291. 

People  have  right  to  instruct  (Nev.  Const, 
art.  i,  sec.  10)  239. 

Prohibited  from  receiving  fees  or  perqui- 
sites (Nev.  Const,  art.  xvii,  sec.  5)  389. 

Qualifications  (Nev.  Const,  art.  iv,  sec.  5) 
263. 

Term  of  office  to  be  two  years  (Nev.  Const, 
arts,  iv,  xvii,  sees.  3,  10)  261,  394. 

To  be  apportioned  according  to  population 
(Nev.  Const,  art.  i,  sec.  13)  242. 

Vacancy  in  office,  governor  to  issue  writ  to 
fill  (Nev.  Const,  art.  iv,  sec.  12)  270. 

When  to  be  elected  (Nev.  Const,  art.  iv, 
sec.  3)  261. 

When  not  to  be  appointed  to  office  created 
during  term  (Nev.  Const,  art.  iv,  sec.  8) 
266. 
Assessment.     See  Revenue. 

And  collection  of  state,  county  and  town- 
ship taxes,  local  or  special  laws  invalid 
(Nev.  Const,  art.  iv,  sec.  20)  278. 


Assessment— continued. 

District  court  has  jurisdiction  of  cases  in- 
volving legality  of  (Nev.  Const,  art.  vi, 

sec.  6)  321. 
If  legality  of  involved  in  justice's  court,  case 

to  be  transferred  to  district  court  for  trial 

5721. 
In  action  involving  legality  supreme  court 

has  appellate  jurisdiction  (Nev.  Const,  art. 

vi,  sec.  4)  319. 
Municipal,  jurisdiction  of  municipal  court 

833. 
Powersof  city  or  town  restricted  (Nev.  Const. 

art.  viii,  sec.  8)  345. 

Roll,  how  prepared,  when,  by  whom  3633. 
ispecial,  action  by  city  for  recovery  of  867. 
Special  by  city,  if  irregular,  court  may  never- 
theless render  judgment  for  expenses  868. 
Special  by  city,  roll  and  ordinance  certified 

are  prima  facie  evidence  867. 
Suit  may  be  maintained  for  by  mutual  fire 

insurance  company  against  members  1296. 
Assessment  and  taxation,  how  to  be  made 
upon   all    property,  including    mines,    ex- 
emptions (Nev.  Const,  art.  x,  sec.  1)  :552. 
Assessment  work,  annual  on  mining  claims 

2382,  2383,  2395,  2400. 
Assessor   1569-1581.      See    County    Assessor, 

Revenue. 

Assignee,  may  have  execution  issued  on  judg- 
ment after  death  of  party  5285. 
To  pay  preferred  claim  for  wages  5493. 
Assignment,  by  vendor  in  possession  of  goods 

without  delivery  conclusive  evidence  of 

fraud  1078.     See  Partnership. 
Making  of  claim  under  employers'  liability 

act  operates    as  of   assignable    cause  of 

action  in  tort  1927. 
Mortgage  or  debt,  county  recorder  to  certify 

copy  as  evidence  3789. 
Of  negotiable  paper  before   due,  right   of 

action  without  set-off  4988. 
Of  property  by  partnership,  publication  of 

when,  where  2906. 
Subject  to  preferred  claim  for  wages  5493, 

5494. 

Unless  in  good  faith  fees  and  salaries  of  pub- 
lic officers  are  subject  to  attachment  and 

execution  2864. 

When  void  in  bankruptcy  proceedings  XU9. 
Assignor,  not  to  testify  when  other  party  to 

transaction  is  dead  5419. 
Assistance,  writs  of,  district  court  may  issue, 

where  and  when  4843. 
Associations.     See  Corporations. 

Associates  may  be  sued  by  common  name, 

summons,  judgment  5007. 
District  court  may  make  order  for  sale  or 

mortgaging  of  property  of  13(59. 
Included  in  word  "person"  5475. 
\Vhen  state  shall  donate  or  loan  money  or 

subscribe  to  (Nev.  Const,  art.  viii,  sec.  9) 

346. 
Assumed  name,  transacting  business  under, 

penalty  6728-6731. 

Assumption.     See  Employer  and  Employee. 
By  state  of  debt  of  territory  (Nev.  Const. 

art.  xvii,  sec.  7)  391. 
Of  debt  of  counties,  towns  or  cities  by  state 

prohibited  (Nev.  Const,  art.  ix,  sec.  4)  351. 


2131 


INDEX 


Attorney 


Assumption — continued. 

Of  risk  in  ha/ardous  occupation  1915. 

Of  territorial  debt  by  state  (Nev.  Const.) 

391,408. 

Astray  animals  notice  and  proceedings  in  re- 
gard to  2274-2284. 

Attachment  and  garnishment.    See  Civil  Prac- 
tice. 

Bank  in  charge  of  examiner  not  liable  to  671. 
Dead  body  not  subject  to  (347(5. 
District   court,   proceedings    in    5147-5168, 

5192,  5194. 

Justice's  court,  proceedings  in  5749-5,  :>2. 
May  issue,  on  nonjudicial  day  4870. 
Of  person  on  refusal  to  obey  writ  of  habeas 

corpus  6234. 
Attainder,  bill  of,  forbidden  (Nev.  Const,  art.  i, 

sec.  15)  244. 

Attempt,  defined  and  punished  0291. 
.Jury  may  convict  for  (125HI,  7219. 
To  intimidate  public  officer,  penalty  0301. 
To  provoke  assault,  penalty  0415. 
To  suborn  perjury,  penalty  0351. 
To  suicide,  aiding  or  advising,  penalty  03S  1  - 

6883. 

To  vote  unlawfully,  penalty  1S27. 
Attendance,  of  absent  members  of  the  legis- 
lature may  be  compelled   (Nev.  Const. 

art.  iv,  sec'.  13)  271. 
Of  prisoner  as  witness,  how  obtained  5:512- 

6344. 

Attestation  of  instrument,  statute  relating  to 

coin  petency  of  witnesses  does  n  ot  :i  |  >  p  ly  5 II 9. 

Attorney.     See  Attorney,  Counsel  under  Civil 

Practice,  Criminal  I 'ractice,  Court  Rules, 

Estates  of  Deceased  Persons. 
Absence  of,  when  questions  may  be  heard 

on  law  day  in  district  court,  rulev.  j>.  I  120. 
Admission  of  4!><»-5o:>. 
Advertising  for  divorce  business  0-402. 
Any  person  except  constable  may  appear 

as  in  justice's  court  5725. 
Appointed  to  defend  criminal  prosecution, 

compensation  754<),  7541. 
Authority,  change,  notice,  death,  removal, 

5i)7.  5lii. 

City  attorney  to  be  820. 
Clerk  of  may  verify  cost  bill  5:5s7. 
Clerk  of,  when  not  to  testify  5425. 
Conviction  of,  effect  512. 
Counselors  498. 

Disbarment  or  suspension  511-524. 
District  attorney  must  be  525. 
Entitled  to  notice  of  proceedings  after  ap- 
pearance 5:574. 
Estates  of  deceased  persons,  appointments 

in.     See  Estates  of  Deceased  Persons. 
Examination,  time,  place  and  subjects,  S. 

C.  rule  1,  sees.  1-5,  p.  1421,  500-504. 
Fee,  fixed  by  court  in  action  on  bond  for 
construction  of  railroad  fence  under  em- 
inent domain  5619. 

For  admission,  S.  C.rulei,  sec.  5,  p.  1421, 
500,  503,  2006,  3953. 

Governed  by  agreement,  lien  for  5376. 

In  action  for  damages  for  herding  or  graz- 
ing live  stock  on  lands  of  another  2336. 

Recoverable  as  costs  in  justice  court  5814. 

Recoverable  by  prevailing  party  in  action 
by  workmen  caused  to  change  place  of 
employment  by  misrepresentation  1938. 


A 1 1  ( >rney — continued . 

-~jf — Fee  recoverable  by  prevailing  party  under 
employers'  liability  act  1923. 

Settlement  between  parties  does  not  affect 
"/• — -lien  for 5370. 
Female  may  be  49!). 
For  absent 'heirs  5872,  0047. 
In  case  not  entitled  to  fee  as  witness  2038. 
Judge  must  be  525. 

Not  to  act  as  unless  party  480(5. 

Not  to  have  partner  in  practice  4807. 
Judgment,  disbarment  or  suspension  52:5. 
Library  and  certain   property    of  exempt 

from  execution  528S. 
License  50 1.  503,  500. 
May  acknowledge  satisfaction  of  judgment 

527' ». 
May  apply  to  clerk  to  open  deposition  in 

D.  C.,  rule  xvi,  p.  1428. 
May  be  appointed  I'm-  child  under  juvenile 

court  law  7  42. 
May   bring    action    in    quo    warranto    for 

usurpation  of  public  oflice  5000. 
May  certify  to  statement  and  papers  on 

appeal  5:550. 

May  give  written  notice  of  appearance  5:574. 
May  make  affidavit  to  accompany  summons 

RgainBl  parties  served  after  judgment  in 

action  on  joint  contract  5245. 
May  move  for  speedy  trial  in  quo  warranto 

5680. 
May  receive  money  and  enter  satisfaction 

i  if  judgment  5()7. 
May  subscribe  to  pleading  50(io. 
May   use   instructions   in    addressing  jury, 

rule  to,  p.  1  4:51. 

Name  of  plaintiffs  to  be  indorsed  on  sum- 
mons in  justice's  court  5727. 
Not  to  be  partner  of  judge  or  justice  of  the 

peace  48(57. 
Not   to  be  received    as  surety  in  district 

court,  rule  xiv,  p.  1428. 
Not  to  testify  regarding  communication  of 

client,  when  5425. 
Notice  of  hearing  in  justice's  court,  when 

to  be  given  to  573:5. 

Oath  (S.  C.  rule  i,  sec.  6,  p.  1421)  500,  503. 
Obtaining  order  or  judgment  in  district  court- 
to  furnish  form  to  clerk,  rule  xxxii,  p.  1430. 
Or  clerk  may  verify  cost  bill  5387. 
Partner  of  district  attorney,  when  not  to 

appear  in  action   by  or  against  state  or 

county  1010. 

Pleadings  subsequent  to  complaint  to  be 
i       served  upon  5077. 
I  Practicing  without  license  506. 
Proceedings  and  judgment  for  disbarment 

513-523. 

Roll  of  502,  505. 

Secretary  of,  when  not  to  testify  5425. 
Service  of  papers  upon  5367-5369. 
Sheriff  not  to  practice  as  1046. 
Suspension  511-524. 
To  verify  memorandum   of  exceptions  on 

error  of  law  occurring  at  trial  5322. 
What  papers  may  be  served  upon  5375. 
When  judge  not  to  act  as  4866. 
When  may  be  appointed  guardian  ad  litem, 

compensation,  rules xxix,  xxx,  p.  1430. 
When  may  certify  to  statement  on  appeal 

5337. 


Attorney 


INDEX 


2132 


Attorney— continued. 

When  may  verify  pleadings  5064. 

When  not  to  be  witness  in  district  court, 
not  to  comment  on  own  testimony,  rule 
xiii,  p.  1428. 

When  service  may  be  made  upon  for  non- 
resident 5375. 

Witness  fees,  not  entitled  to  2038. 
Attorney's  fee,  fixed  by  court  in  action  on 
bond  for  construction  of  railroad  fence 
under  eminent  domain  5619. 

Governed  by  agreement,  lien  for  5376. 

In  action  for  damages  for  herding  or  graz- 
ing live  stock  on  lands  of  another  2336. 

Recoverable  as  costs  in  justice's  court  5814. 

Recoverable  by  prevailing  party  in  action  by 
workman  caused  to  change  place  of  em- 
ployment by  misrepresentation  1938. 

Recoverable  by  prevailing  party  under  em- 
ployer's liability  act  1923. 
Attorney's  clerk  or  secretary,  when  not  to 

testify  5425. 
Attorney-general,  absence  of  4128. 

Action  for  money  due  state,  controller  may 
direct  to  bring  3685,  4160,  4162. 

All  moneys  to  account  for  4131. 

Annual  statements  of  mining  corporations, 
to  file  with  1330-1340. 

Articles  of  bonding  or  surety  companies  to 
approve  1243. 

Attend  supreme  court,  duties  4129. 

Bank  examiner,  duty  to  aid  669. 

Bank  examiner  to  advise  and  consult  669. 

Board  of  county  assessors  to  attend,  chair- 
man in  absence  of  governor  3798. 

Boardof  examiners,  memberof  (Nev.  Const, 
art.  v,  sec.  21)  314,  4455,  4475. 

Board  of  irrigation,  member  of  4706. 

Board  of  pardons  and  parole,  member  of 
(Nev.  Const,  artv,  sec.  14)  307,7622,  7623. 

Board  of  prison  commissioners,  member  of 
(Nev.  Const,  art.  v,  sec.  21)  314,  7560. 

Board  of  railroad,  member  of  4549. 

Board  of  revenue,  member  of  3809,  3828. 

Board  to  investigate  state  police,  member  of 
4281. 

Bond  to  furnish  4128. 

Bonding  companies,  articles  to  approve 
1243. 

Bureau  of  industry,  agriculture  and  irriga- 
tion, member  of  4486. 

City  or  town  officer,  removal  of,  when  983. 

City  or  town  tax,  excessive,  duty  as  to  976, 
977,  981. 

Contest  for  state  office,  when  to  prosecute 
1823. 

Controller  may  direct  to  bring  action  for 
money  due  state  3685,  4160,  4162. 

Corporations,  foreign,  to  prosecute,  when 
1350,  1354. 

County  revenue  acts,  violation  of,  duty  as 
to  3830,  3834. 

Criminal  action,  may  dismiss,  when  7400. 

Deputies,  may  appoint  4135. 

Deputy  school  superintendents,  to  advise 
3355. 

Deputy,  salary  for  one  4396. 

Deputy,  salary  of,  how  paid  4396,  4397. 

District  attorneys,  duty  to  prosecute,  when 
1340. 


Attorney-general—continued . 

District    attorney,  may    instruct    to    bring 

action  to  remove  county  commissioner, 

when  3830,  3834. 

District  attorneys  to  report  to  1608,  1609. 
District  school  superintendents  to    advise 

3355. 

Docket  of  causes,  to  keep  4131. 
Duty  to  prepare  necessarv  election  forms 

1766. 

Duty,  refusal  to  perform,  penalty  4134. 
Election  of  312,  2765,  2773,  2774. 
Escheats,  duty   in    relation  to   1625,6130, 

6131-6136. 
Excessive  town  or  city  tax,  duty  as  to  976, 

977,  981. 
Ex  officio  mineral  land  commissioner,  4141- 

4447.     See  Mineral  Land  Commissioner, 

post. 

Fees  and  perquisites  prohibited  389. 
Fire  insurance  companies,  mutual,  duties 

as  to  1290,  1298. 
Foreign  corporations,  to  prosecute,  when 

1350,  1354. 

Health,  public,  duties  concerning  2973. 
Impeachments  4132. 
Invited  to  attend  execution  7281. 
Life  insurance  companies,  duties  as  to,  1320. 
May  defend  action  or  commence  same,  when 

4133. 

Member  of  board  of  pardons  and  to  per- 
form other  duties  (Nev.  Const,  art.  v,  sec. 

22)  315. 

Member  of  board  of  state  prison  commis- 
sioners   and   board  of  examiners  (Nev. 

Const,  art.  v,  sec.  21)  314. 
Mine  owner,  neglect,  inspector  of  mines  to 

notify  4205. 
Mineral  land  commissioner,  ex  officio  4141- 

4147. 
Mining  corporations,  annual  statements  to 

file  with  1330-1340. 

Municipal  tax  excessive,  duty  as  to  976-981. 
Mutual  fire  insurance  companies,  duties  as 

to  1290,  1298. 
Mutual  fire  insurance  companies,  duties  on 

request  of  controller  1320. 
Oaths,  deputies  to  subscribe  4136. 
Oath  to  take  4128. 
Office  at  capitol  2774. 

Powers,   criminal    prosecution,   may   take 
charge  4137. 

District  attorneys,  supervision  of  4137. 

May  appear  before  grand  jury  4137. 

Subpenas  to  issue  4137. 
Prohibited  from  receiving  fees  or  perqui- 
sites (Nev.  Const,  art.  xvii,  sec.  5)  389. 
Public  health,  duties  concerning  2973. 
Public  service  commission,  duties  in  relation 

to  4538,  4544. 

Qualifications  (Nev.  Const,  art.  v,  sec.  19)312. 
Quo  warranto,  when  to  commence  action 

5658. 

Railroad  board,  member  of  4549. 
Railroad  commission,  report  violations  to, 

duty  to  prosecute  4579. 
Mineral      land     commissioner,     attorney- 
general,  ex  officio  4146. 

Contest,  record  of  to  be  kept  4144. 
When  duty  to  make  4143. 


2133 


INDEX 


Bail 


Attorney-general—continued. 

Mineral    land    commissioner,    deputies, 
may  appoint  4145. 

Fees,  not  allowed  4145. 

Governor,  to  report  to  4144. 

State  mineralogist,  if  appointed,  informa- 
tion to  furnish  4147. 

Office  created  4141. 

Office,  duties  of  4142. 

Persons  who  may  lodge  information,  duty 
of  commissioner  to  contest  414:5. 

Report  to  governor  4144. 

Salary  of  414 5. 

Removal  of  town  or  city  officer  983. 
Residence  and  office  of  4128. 
Salary  of  4:;<.M. 

School  officers  to  advise  3355. 
School  text-book  commission,  action  tobring 

for,  when  3406. 
State,  actions  to  prosecute  for  money  due 

:J«is5,  4100,  41«i2. 
State   board   of  county   assessors,  act   as 

chairman  of,  when  3798. 
State  police,  board  to  investigate,  member 

of  42s 1 . 
Stenographer,  authorized  to  employ  4138. 

Compensation,  how  paid  4139. 
Suits,  to  bring,  when  41(11'. 

To  commence  4140. 
Superintendent  of   public    instruction,    to 

advise  41  .".(>. 

Supreme  court,  attendance  on,  duties  4129. 
Surety  companies,  articles  to  approve  1243. 
Tax,  excessive  city  or  town,  duty  as  to  976, 

'.177,  981. 

•Term  of  office  (Nev.  Const.)  312,  402,  2774. 
The  name  "The  State  of  Nevada"  to  be  used 

4140. 

To  attend  on  supreme  court  412'.'. 
To  perform  duties  prescribed  by  law  (Nev. 

Const,  art.  v,  sec.  22)  315. 
To  prosecute  and  defend  certain  causes  4130. 
To  report  to  4132. 
Typist,  salary  of  4398. 
Violations,  commission,  to  report  to  4579. 
Written  opinions  to  give,  when  4133. 
Attorney  in  fact,  1017,  1041,  1082.     See  Con- 
veyances. 

Form  of  acknowledgment  of  1025. 
To  be  recognized  by  referee  in  action  for 

partition  5579. 
Attornment  1060,  1061. 
Auction  sale.     See  Conveyances. 
Of  goods,  when  memorandum  of  auctioneer 

is  contract  of  sale  1077. 
Auctioneer,  license  for  3896,  3897. 
Or  constable,  to  sell  baggage  left  at  hotel  or 

lodging-house  2153. 

Auditing,  allowing  or  paying,  false  or  fraud- 
ulent claims,  penalty  6376. 
Auditor,  city.     See  Cities. 

County  1582-1592.     See  County  Auditor. 
If  fee  or  salary  of  public  officer  garnished, 

may  pay  into  court  2865. 
May  be  removed  or  suspended  and  another 

appointed   to    perform    duties    pending 

charges  3753. 

State  4148-4153.     See  State  Auditor. 
Australian  ballot  law  1833-1862.  See  Elections. 
Authentication  of  records,  federal  act  con- 
cerning 526-529. 


Authentication  of  records — continued. 
Foreign,  relating  to  land  titles  528. 
Full  faith  and  credit  526,  527. 
Judicial  proceedings  52(5. 
Legislative  acts  52<>. 
Public  records  generally  527,  528. 
Seal,  how  to  be  attached  to  copy  of  record 

or  document  5-4S1. 
Seal  of  court  to  be  affixed  to  copy  of  record 

1ST!.. 

United  States  laws  and  treaties  529. 
Automobiles,  running  for  rent  withoutlicense, 

penalty  3878. 

Wrongful  use  of,  penalty  6707,  6753. 
Award  of  arbitrators  5258.    See  Civil  Practice. 
On  voluntary  submission  of  dispute  between 

employer  and  employee  1930. 
Under  employers'  liability  act  1922,  1923. 
When  court  may  modify  or  correct  5262. 

B 

Badge  of  organization  or  society,  unlawful 

wearing,  penalty  2503-2505,  6715-6717. 
Badger,  bounty  for  718-722. 
Baggage,  checks  on,  refusal  to  issue,  penalty 

3668. 

Failure  to  deliver,  damages,  evidence  3553. 
Hotel  proprietor  may  sell,  when  2151-2154. 
Wilfully  or  carelessly  injuring  by  railroad 

employee  675."). 
Bail.     See   Bonds    and  Undertakings,  Civil 

Practice. 
Action   on    forfeited,  district    attorney   to 

bring  7338. 
Allowable  when  (Nev.  Const,  art.  i,  sec.  7) 

236,  7314,  7315. 
Appeal,  when  may  be  admitted  to  on  7326, 

7328. 

Arraignment,  increased  on  when,  7083. 
Civil  arrest,  bond  in  contempt  proceedings, 

form  and  conditions  5400. 
District  court  in,  5087-5123. 
Exonerated  in  commitment  for  insanity 

of  accused  person  7391. 
Justice's  court  in  5744-5748. 
May  arrest  defendant  who  has  been  re- 
leased from  arrest  in  civil  action  5098. 
Maybe  forfeited  in  contempt  proceedings 
if  defendant  fails  to  appear  on  return 
day^  measure  of  damages  5406. 
May  be  given  by  person  arrested  in  con- 
tempt proceedings  5398. 
May  surrender  defendant  who  has  been 
released  from  arrest  in  civil  action  5097. 
On  arrest  in  civil  action,  deposit  in  lieu 

of,  certificate,  discharge  5106. 
Reduced  on  habeas  corpus,  when  5113. 

See  Civil  Practice. 
When  -party  receiving  fees  may  be  held 

to  in  election  contest,  1815. 
Criminal  arrest,  action  on  forfeiture  7338. 
After  conviction  7314. 
Answerable  for  reexamination  7093. 
Arrest  after,  when  7340-7342. 
Arrest  on  bench  warrant,  rights  of   de- 
fendant 7321. 
Before  conviction  7313. 
Bond,  form  of  6941. 
Cash  deposit  returned  or  forfeited  7335, 

7336,  7510. 
Cash  in  lieu  of  7330-7332,  7335. 


Bail 


INDEX 


2134 


Bail— continued. 

Bail,  cash  in  lieu  of  forfeited,  when  7510. 

Cases  allowed  in  236. 

Chapter  on  7308-7347. 

Charge  punishable  by  death  7311. 

Clerk    to    pay  forfeited    bail    money   to 
treasurer  7339. 

Constitutional  right  of  236. 

Consists  of  what  7309. 

Defendant    held    to    answer,   who    may 
grant  7316. 

Defendant  may  surrender,  bail  exoner- 
ated 7333. 

Defined  7308,  7309. 

District  attorney,  notice  to  of  application 
for,  when  7312,  7327,  7333, 

District  attorney  to  bring  action  on  for- 
feited 7338. 

Discretion,  when  matter  of  7310,  7314. 

Duty  of  arresting  officer,  bench  warrant 
7321. 

Excessive  forbidden,  178,  235. 

Exonerated,  demurrer  sustained  7102. 

Exonerated  on  reversal,  when  7304. 

Exonerated  upon  surrender  7333. 

Exonerated,  notice  to    district    attorney 
7333. 

Felony,  minimum  for  6989. 

Forfeiture  discharged  7337. 

Forfeiture  of  6940. 

Forfeiture  of  action  on  7338. 

Forfeiture  of,  when  7336,  7337. 

Forfeiture  of  deposit  in  lieu  of  7510. 

Form,  held  to  answer  7317. 

Form  on  bench  warrant  7324. 

Form  on  recommitment  7346. 

Habeas  corpus,  allowed,  reduced  or  re- 
leased on  6247-6249,  7323. 

Insanity  exonerates  7391. 

Insufficient  grounds  for  arrest  7340. 

Justice  court,  power  to  grant  7308-7347, 
7498,  7520. 

Justification  7319,  7320,  7325,  7347. 

Magistrate  to  certify,  discharge  6943. 

May  surrender  defendant  7333. 

Money  deposited  for,  refunded  7092. 

Notice  to  district  attorney  7312, 7327, 7333. 

On  appeal,  conditions  7315,  7328. 

On  appeal,  who  may  admit  to  7326. 

On  arrest;  forfeiture  6940.          • 

On  extradition  7438,  7439. 

On  recommitment  7344-7346. 

Order  for  on  warrant  6934. 

Pending  examination  6934. 

Preliminary  examination,  minimum   for 
felony  6989. 

Qualifications,  personal  sureties 6942, 7318 
7325,  7347. 

Recommitment  after,  when  7341-7344. 

Right  of  guaranteed  236. 

Sureties,  examination,  justification  6942, 
7319,  7320,  7325,  7347. 

Sureties,  may  arrest  7334. 

Sureties,  number  of  7317. 

Sureties,  qualifications,  justification  6942. 

Surety  company  may  furnish  695,  7329. 

Who  entitled  to  7310-7315. 
Bailee,  defined,  embezzlement  by  6653. 
Bailiff,  for  district  court  in  certain  counties, 

duties,  powers,  qualifications   and   com- 
pensation 4914-4920. 


Bailiff — continued . 

May  perform  duties  of  sheriff,  when  4919. 
Of  district  court  in  certain  counties,  duties, 

powers,  compensation  4914-4920. 
Of    supreme     court,    sheriff    of     Ormsby 

County  to  be,  compensation  4888. 
Bailments,  animal,  vehicle    or    automobile, 

wrongful  use  by  bailee,  penalty  6707. 
Bailee  defined  6653. 
Common  carriers  537-542. 
Freight  unclaimed  537-542. 
Goods  in  storage  543,  544. 
Jewelers  and  watch  repairers  530,  531. 
Pawnbrokers  536. 

Sale  of  unclaimed  property  530-542. 
Ballot,  election    by  people    to    be   by  (Nev. 

Const,  art.  ii,  sec.  5)  254. 
Ballots,  ballot  boxes  and  paper  for  elections. 
See  Elections. 

BANKS  AND  BANKING 

Actions  for  penalties  637. 

Advertisements  of  capital,  restrictions  663. 

Agent  for  certain  purposes  may  be  1119. 

Appropriation  for  693. 

Articles  of  incorporation  of  616-617. 

Assessment  on  stockholders,  when  651. 

Assessment  for  taxes  3790,  3820-3824. 

Assessor,  statement  to,  what  to  contain  3823. 

Assistants  to  give  security  670. 

Attachment  or  execution,  when  not  to  be  levied 

on  671. 

Available  funds  required  629. 
Rank    may   act   as   fiscal    agent   or   trustee   of 

municipal  corporation  1119. 
BANKING  BOARD.     See  State  Board,  infra. 
Bonds,  may  transfer  or  countersign  1119. 
Bonds  of  examiner  and  deputies  680-681. 
Borrowers'  liability  limited  630. 
Borrowing  on  assets  650. 
Business  in  which  may  engage  619-621. 
Cannot  plead  statute  of  limitations  in  action 

to  recover  deposit  4974. 
Capital,  minimum  623. 
Capital,  not  to  be  withdrawn  643. 
Capital  stock,  increase  or  decrease  624. 
Capital  stock,  reduction  of  651. 
Certificates  of  stock  of  other  corporations,  may 

transfer  1119. 

Certificate,  secretary  of  state  to  issue  617. 
Charter  annulled,  when  626. 
Checks,   drawing  on   without   deposit,   penalty 

6672. 

Clearing-house  associations  667. 
Clearing-house,  how  established  667. 
CLOSED  BANK— 

Claims  presented  671. 

Collections  deposited,  how  673. 

Dividends,  how  paid  674. 

Expenses,  ho\v  paid  673. 

Final  liquidation  676. 

Inventory  to  be  filed  672. 

Notice  to  creditors  671 

Recovery  of  control  675. 

Rejected  claims,  action  on  671. 

Reports  on  677. 

Surplus,  deposit  of  677. 
Closed  for  violation  of  law  626. 
Closing  voluntarily  638. 

County  treasurer  may  deposit  money  in  1687. 
Debtors,  names  of,  not  to  be  given  in  reports  637. 


2135 


INDEX 


Banks  and  banking 


Definition  of  words  and  terms  690. 
Deposit,  drawing  checks  without,  penalty  6672. 
Deposits,  no  limitation  for  recovery  4974. 
Deposits  received  by  insolvent  hank  felony  634. 

6724.  6725. 
DIRECTORS— 

Duty  to  examine  bank  634. 

Liabilities  625. 

Meetings  6L'."i. 

(Qualifications  625. 
Directors  and  officers  625. 
Director  or  officer,  borrowing  powers  633. 
District  attorney  to  be  notified  of  violations  686. 
Dividends  of  closed  bank,  how  paid  674. 
Dividends  of,  profits  641. 
Dividends,  when  not  to  be  paid  643. 
Drawing  checks  on  without  deposit  6672. 
Emnlovee.   receiving  deposit    in   insolvent   bank 

6724.  6725. 
EX  AM  IN  Ei: 

Assistants,   security    from   670. 

Attorney-general  to  advise  66!  >. 

Anthori/e  coannencement  of  business  ('.IT. 

Holld   of  6SO. 

I  >  .-put  ies.  aiipointiiient  665. 
Deputies,  l.ond  of  6M. 
I  >isi  rid   al  torney  to  advise  66! ». 
District   attorney  to  notify  of  violation 
Duties  and  powers  666. 
DiMirs  as  to  liquidation  66!  >. 
Effect  of  taking  charge  66s. 
Employ  assistants  669. 
Examinations  682. 
Expenses  and  payment  of  6^3.  6M. 
Forms,  to  provide  for  reports  65!  >. 
( Jovernoi-  to  appoint   6*',.".. 
Liquidation  of  hank  669. 
Lisi   stockholders  sent   to  6.~.:;. 
May  require  hank  to  pay  off  borrowed  money 
850. 

May   revoke  authority,   when  651. 

May  take  charge  668. 

Notice  to  creditors,  to  n'ive  671. 

(  >HVr  rewards  616. 

Permit  reopening  679. 

Powers  and  duties  666. 

Proceedings  against,  to  recover  control  675. 

Qt  a li Heat  ions  665. 

Refusal  of  inspection  to,  penalty  (554. 

Reports  on  closed  banks  677 

Reports  to  636. 

Require  impaired  capital  made  good  651. 

Salary.  665. 

Salary,  how  paid  684. 

Security  from  assistants  670. 

Statement  filed  with  618. 

Subject  to  control  of  state  board  666. 

Violation  of  duty,  penalty  685. 

Voluntary  surrender  to  678. 
Embezzlement  of  fund  648. 
Examination,  refusal  to  allow  654. 
Examined  twice  yearly  6X2. 
Existing  hanks,  effect  of  act  on  687. 
Existing  charters  to  conform  to  act  687. 
Expenses  of  examiner  683. 
Ealse  oath,  perjury  660. 

False  report  as  to  solvency,  circulation  of.  mis- 
demeanor 661. 

Ealse  statements  on  reports  631. 
Felony,  false  statement  631. 


Felony  to  receive  or  assent  to  reception  or  fail 
to  prevent  deposit  in  insolvent  bank  »',724. 
(5725. 

Fiscal  agent   may  act   as   111!). 

Fraudulent    transactions  6  Is. 

Funds,  per  cent  on  hand  62! ». 

(Jeiieral  corporation  act  adopted  691. 

(leneral  penal  provision  6S!>. 

How  taxed  37!>»>. 

Impaired  capital   made  good  651. 

Incorporation  of  616-617. 

Indorsements,  otlicers  forbidden  to  make  632. 

Injunction  airainst   examiner  675. 

INSOLVENT— 

Assent  to  reception  of  deposit  in,  felony  634. 

Deposits,  not  to  receive  in  <J34. 

Deposit,  receiving  iii.  felony  6: ',  1.  6724,  6725. 

Liability    of    otlicers.      ,SYr    I'l.rdiniinr,    infni. 

634. 

When   deemed   629.   6»K. 
Interest,    time    deposit     excessive,    misdemeanor 

6H. 

Inventory  of  closed   hank  672. 
Liability  of  for  tax  on  shares  3S2I. 
Liability  of  stockholders  627. 
License  for  business  662. 
Lien  on  stock  for  assessment   651. 
Limitation    of    action    for    recovery    of    deposit 

none  4!)74. 

Limitation   on   amount    of   individual   loan   63O. 
Liquidation   of  66!  >. 
I  .ii|!'  idat  ion,   volunt  a  ry  6.".!). 
List  of  stockholders  and  shares  to  be  furnished. 

when  3x2:;. 

Loan,  amount   limited  (>30. 

Loans,   otlicer  or  employee   not    to   indorse  632. 

Loans,  to  ollicers.  restricted  633. 

Losses,  how  cared  for  613. 

Losses,  how   charged  612. 

May  indorse  its  paper  (550. 

M  isapplicat  ion  of  fund  6 IX. 

Money  borrowed,  what   deemed  630. 

Names  of  debtors,  not  in  reports  636. 

National  hank  may  become  state  bank  651'. 

Notes,  circulation  as  money  forbidden  (Nev. 
Const,  art  viii.  sec.  6)  343,  1219. 

Notice  to  creditors  closed  hank  671. 

Officers  and  directors  625. 

Officer  or  employee  of  insolvent  receiving  depos- 
its, felony  6724,  (5725. 

Oflicer  or  employee  having  power  to  close,  fail- 
ing to  prevent  deposit  in  insolvent,  felony 
6725. 

( )v  erd  rafts,  limitations,  converted  into  notes  649. 

Overdrafts,  regulations  649. 

Penalties,  actions  for  637. 

Penalties,  misconduct  of  board  or  examiner  685. 

Penalty  for  paying  excessive  interest  on  depos- 
its 644. 

Per  cent  of  funds  available  629. 

Preferences  forbidden  650. 

Profits  and  dividends  641. 

Prohibited   transactions  628. 

Real  estate,  regulations  656. 

Reception  of  deposit  in  insolvent  bank  635. 

Reduction  of  capital  stock,  when  651. 

Refusal  to  comply  with  orders  of  board  or 
examiner  668. 

Repealing  clause  692. 

Reports,  contents,  confidential  659. 


Banks  and  banking 


INDEX 


2136 


Reports,  failure  to  furnish,  penalty  637. 

Reports  to  examiner  636. 

Reports  preserved  659. 

Resumption  after  suspension  679. 

Revocation  of  authority  654-655. 

Rewards  for  violation  of  act  646. 

Salaries,  how  paid  684. 

Sale  of  real  estate  656. 

Savings  bank,  pass-book  regulations  622. 

Savings  bank,  restrictions,  regulations  621,  622. 

Secretary  of  state  to  issue  certificate  617. 

Sections  of  act  independent  688. 

Security  from  assistants  670. 

Shares  of  stock,  deemed  personal  property  657. 

Shares  of  stock,  taxation  of  3820-3824. 

Shares  of  stock,  transfer  657. 

Sinking  funds,  may  manage  1119. 

STATE  BOARD— 

Attestation  665. 

Control  over  examiner  666. 

Disposition  of  surplus  closed  bank  677. 

Examiner,  secretary  665. 

Expenses  of  664. 

Governor  to  appoint  664. 

May  remove  examiner  665. 

Members  of  664. 

Meetings  664. 

Powers  of  664. 

Rules  of  666. 

Seal  of  665. 

Violation  of  duty,  penalty  685. 
State,  fiscal  agent  for,  may  act  as  1119. 
Stock  and  bond  transfers,  may  handle  1119. 
STOCKHOLDERS— 

Liability  of  627. 

List  subject  to  inspection  653. 

List  to  be  kept  653. 

Shares,  list  to  be  furnished  for  revenue  pur- 
poses 3823. 

Sign  articles  617. 
Stock,  loans  on,  unlawful  658. 
Stock,  sign  articles  617. 
Stock  sold  on  lien,  foreclosure  651. 
Surplus  fund  641,  642. 
Taxed,  how  3790. 
Time  deposit,  interest  on  644. 
Transfer  agent  may  act  as  1119. 
Transfer  of  stock  657. 
Transfer  of  stock,  when  invalid  657. 
Treasurer,  county,  may  deposit  money  in  1687. 
Trust  company  business  620. 
Trustee  may  be  for  certain  purposes  1119. 
Unlawful  to  certify  check  when  drawer  with- 
out sufficient  funds  on  deposit  647. 
Unlawful  to  loan  on  stock  of  stockholders  658. 
Vacancy  in  office  created  632. 
Violation  of  provisions  of  act,  felony  645. 
Voluntary  closing  638. 
Voluntary  liquidation  639,  678. 
When  deemed  insolvent  629. 
Words  and  phrases  defined  690. 

Bank  examiner.     See  Banks. 
Banking  board.     See  Banks. 
Banknotes  not  to  circulate  as  money  (Nev. 
Const,  art.  vii,  sec.  6)  343,  1219. 

BANKRUPTCY  (Federal  Act) 
Acts  of  545. 
Adjudication  of  560. 
Allowance  of  claims  599. 


Appeals  and  writs  of  errors  567 
Appraisement  of  property  612. 
Arbitration  568. 

Assignments  within  three  months  of  filing  peti- 
tion 609. 

Attorney-general  (U.  S.),  report  of  595. 
BANKRUPT— 

Codebtors  of  558. 

Compositions,  when  confirmed  554. 

Compositions,  when  set  aside  555 

Death  or  insanity  of  550. 

Discharge,  when  granted  556. 

Discharge,  when  revoked  557. 

Duties  of  549. 

Exemption  allowed  under  state  law  548. 

Extradition  of  552. 

Protection  and  detention  of  551. 

Suits  by  and  against  553. 

Who  may  become  546. 
Cases,  transfer  of  574. 
Claims,  proof  and  allowance  599. 
Clerk  of  court,  compensation  594. 
Clerk  of  court,  duties  593,  613. 
Compromises  569. 
Congress  may  enact  uniform  laws  on  subject 

(U.  S.  Const.)  114. 
Counterclaims  610. 
Courts  and  jurisdiction  544,  565,  566. 
CREDITORS— 

Claims,  proof  and  allowance  599. 

Meetings  of  597. 

Notice  to  600. 

Preferred  602. 

Voters  at  meeting  of  598. 
DEBTS— 

Dividends  607. 

Not  affected  by  discharge  559. 

Priority  606. 

Proof  of  605. 
Definitions  543. 
Depositories  for  money  603. 
Dividends,  payment  of  607. 
Dividends,  unclaimed  608. 
Estates,  expense  of  administering  604. 
Evidence  563. 
Exemptions  548. 
Expense  of  administration  604. 
Federal  act  543-615. 
Forms,  rules  and  orders  572. 
Jurisdiction  federal  and  state  courts  544,  565, 

566. 

Jury  trial  561. 
Liens,  609. 

Marshal,  compensation  of  590,  594,  614. 
Marshal  to  take  property,  when  611. 
Meaning  of  words  and  phrases  543. 
Newspapers,  designation  of  570. 
Oaths  and  affirmations  562. 
Offenses  571. 

Orders,  forms  and  rules  572. 
Partners  and  partnership  547. 
Petition  for,  dismissal  of  601. 
Petitions  for,  who  may  file  601. 
Pleadings  560. 
Process  560. 
Proof  of  claims  599. 
PROPERTY— 

Appraisement  of  612. 

Marshal  to  seize  611. 

Possession,  title  and  sale  611-612. 

Receiver,  compensation  of  590,  614. 


2137 


INDEX 


Birth,  concealing* 


REFEREE  IX  575-585— 

Absence  or  disability  585. 

Appointment  576. 

Bond  of  592. 

Compensation  of  582,  614. 

Contempts  before  583. 

Disability  or  absence  585. 

Districts  576. 

Duties  of  581. 

Jurisdiction  580. 

Number  of  579. 

Oath  of  office  578. 

Office  created  575. 

Qualifications  577. 

Records  of  r,x 4. 

Removal  of  r>7»>. 

Reference  after  nd.judicat ion  .".»;!. 
Rules,  forms  and  orders  .171'. 
Sale  of  properly  611-612. 
Set-offs  and  counterclaims  610. 
Statistics  of  proceedings  596. 
Time,  computation  of  573. 
Transfer  of  cases  574. 
Trial  by  jury  561. 
TRI'STEE— 

Accounts  Mini  pMpers  of  591. 

Appointment  of  586. 

Bond  of  592. 

Compensation  590,  614. 

<  'on\  i-\  -Miiec  of  property  612. 

Death  or  removal  588. 

Duties  of  589. 

Office  created  .",7.",. 

Qualifications  587. 

Removal  of  588. 

\Vstrd  with  property  OIL'. 
Uniform     law.     Congress    may    enact   (U.     S. 

Const.)  114. 

Words  and  phrases,  meaning  of  543. 
Writs  of  error  567. 

Barbarous  punishments  to  prisoners  prohib- 
ited 2818,  7579. 

Barrel,  weight  for  certain  commodities  4802. 
Bath  houses,  public,  in  cities  794  (38). 
Battalion  4001,  4027.     See  State  Militia. 
Battery,  defined,  penalty  6414. 

Action  for  may  be  brought  within  two  years 

4967. 

Beaver,  protected  2100. 
Bees,  apiaries,  act  in  relation  to  477-481.    See 

Apiaries. 

Spreading  diseases  among,  penalty  481. 
Bell  signals  in  mines,  official  code  of  4236. 
Bench  warrant,  absent  convicted  defendant 

7246-7250. 

Bail,  form  of,  on  7324. 
Bail  on  7313,  7321. 
Convicted  defendant,  form  of  7248. 
For  convicted  defendant  to  several  counties 

7247. 

How  and  where  served  7249,  7250. 
Offense  not  bailable,  duty  of  officer  l'.\'2-l. 
On  presentment  7037. 
Beneficial  use  of  water,  what  constitutes  4674, 

4075.     See  Water. 
Benevolent  institutions  to  be  fostered  (Nev. 

Const,  art.  ii,  sec.  1)  353. 
Incorporations  for  1365-1409.    See  Corpora- 
tions. 


Bequeathed  property  to  state  pledged  to  edu- 
cational purposes  (Nev.  Const,  art.  xi,  sec. 
3)  355. 
Berries,  standard  measure,  what  4806.      See 

Weights  and  Measures. 
Betting  on  elections,  penalty  1788. 
Bible  to  be  furnished  convicts  at  state  prison 

7576. 

Bigamy,  jurisdiction,  penalty  6456,  6457,  6916. 
Bill,  enacting  clause  of  (Nev.  Const,  art.  iv, 

sec.  23)281. 
How  niay  be  passed  over  governor's  veto 

(Nev.  Const,  art.  iv,  sec.  35)  i>«):J. 
Legislative,  method  of  reading,  passage  and 
signing  (Nev.  Const,  art.  iv,  sec.  18)  276. 
Legislative,  toembracebutone  subject  (Nev. 

Const,  art.  iv,  sec.  17)  275. 
May    originate    or    be  amended   in    either 
house  of  the  legislature  (Nev.  Const,  art. 
iv,  sec.  16)  274. 
No  law  to  be  enacted  except  by  (Nev.  Const. 

art.  iv,  sec.  23)  2S1. 

When  becomes  law  without  governor's  ap- 
proval (Nev.  Const,  art.  iv,  sec.  :>">)  -\)'.\. 
Billiard  or  pool  room,  minor  not  allowed  in 

without  consent  of  parent,  penalty  6506. 
Bill  of  attainder,  not  to  be  passed  131,  137. 
Bill  of  exceptions  (civil).     See  Civil  Practice. 
Bill  of  exceptions  (criminal).     See  Criminal 

Practice. 

Bills,  origin,  amendment,  passage    and  ap- 
proval (U.  S.  Const.)  104,  108,  109. 
Passage  over  veto  (U.  S.  Const.)  109. 
When  become    law   without   signature    of 

president  (U.  S.  Const.)  109. 
Bill  of  health,  sheep  inspector  to  issue,  when 

(60S. 
Bills  of  credit,  state  not  to  emit  137  (U.  S. 

Const.)  137. 

Bills   of  exchange.     See  Negotiable  Instru- 
ments. 

Or  other  instruments  when  admitted  in 
justice's  court  unless  denied  by  verified 
answer  5770. 

Parties  and  liability  of  in  actions  on,  sched- 
ule of  sections  2548. 
Birds.     See  Game. 

Duty  of  officers  to  prosecute  for  killing  cer- 
tain, penalty  6si:j. 
Eggs  protected  2091,  6811,  0812. 
Game  birds  defined  and  protected  2086-2091 . 
Insectivorous,  plumage  or  song,  protected 

2085. 

Nests  and  eggs  protected  2091, 
Teachers  to  instruct  pupils  3347. 
Unlawful  killing  or  interference  with  eggs 

6811,  6812. 

Birth,  certificate,  altering  of,  penalty  2972. 
Certificate,  duties    of   local    health   officer 

regarding,  what  2970. 
Certificate,  false,  penalty  2987. 
Certificate,  made  by  whom,  when  2964. 
Certificate,  what  to  contain  2965. 
Birth,  concealing,  penalty  6450. 
Failure  to  record,  penalty  2986. 
Failure  to  report,  penalty  2972. 
Registration  of  in  cities  794  (58) . 
Registered  how,  where,  by  whom  2963,  2983- 

2987. 
Still,  recorded  how,  by  whom  2975,2988-2967. 


I»lm*k  and  white 


INDEX 


2138 


Black    and   white,  "rouge  et  noir,"  gambling 

game,  forbidden,  penalty  6518. 
Blacklisting,  defined,  penalty  6780-6782. 
Black  race,  marriage  with  white  race,  unlaw- 
ful, penalty  6514. 
Blanks,  must  be  filled  in  all  papers  except 

subpena  before  issuance  by  justice  of  the 

peace  5809. 
Blind.     See  Deaf,  Dumb  and  Blind. 

Deaf  and  dumb,  institution  to  be  supported 
by  the  state  (Nev.  Const,  art.  xiii,  sec.  1) 
365. 

Education  of  1702-1704. 
Blind  lodes,  discovered  in  tunnel  2381,  2443. 

See  Mines  and  Mining. 

Board  of  arbitrators,  under  employer's  lia- 
bility act  1922,  1923. 
Board^of  canvassers  of  elections,  county  1513. 

State  (Nev.  Const,  art.  v,  sec.  4)  297.     See 

Elections. 

Board  of  capitol  commissioners,  additional 
offices,  may  rent  4415. 

Annual  inventory  to  make  4419. 

Board,  what  officers  compose  4411. 

Buildings  and  property,  control  to  have  4413. 

Capitol  decorations  to  preserve  4423. 

Certain  expenditures  to  control  4414. 

Certain  help,  may  employ  3962,  3963,  4420. 

Clerk  to  prepare  inventory  of  sales  4418. 

Decoration,  minerals,  curios,  not  to  be  re- 
moved, except  4422. 

Employees,  salaries  of  4401. 

Employees,  duties  of,  to  control  4420. 

Engineer,  to  appoint  3962. 

Governor,  chairman,  to  be  4412. 

Governor,  lieutenant-governor,  secretary  of 
state,  controller  and  treasurer,  constitute 
board  4411. 

Governor's  secretary,  secretary  to  be  4412. 

Janitors,  to  appoint  3963. 

Joint  commission  with  orphans'  home  board 
for  water  supply  4424. 

Legislative  chambers  may  be  used  for  pub- 
lic purposes  4416. 

Meetings  to  hold  4421. 

Movable  property  may  sell,  conditions  4418. 

Officers  to  constitute  4411. 

Orphans'  home  water  supply,  how  obtained 
4424. 

Personal  property  from  one  office  to  another 
may  transfer  4417. 

Prison  labor  to  be  utilized  4426. 

Quorum,  what  constitutes  4412. 

Salary  of  employees  4401. 

Surveyor-general,  surveys  to  make  4425. 
Board  of  control  of  agricultural  experiment 
station,  regents  of  university  constitute 
457. 

To  report  to  governor,  when  2929. 
Board  of  county  commissioners,  1501-1568. 

Legislature  to  provide  for  in  each  county 
and  duties,  284.  See  County  Commis- 
sioners. 

Board  of  dental  examiners,  applicants,  exam- 
ination of  4429,  4433. 

Applicants,  age,  requirement  4433. 

Apprenticeship,  affidavit  of  intention  to  be- 
gin, receipt  to  issue  for  4436. 

Board,  organization  of  4429. 

Certificate,  failure  to  register,  penalty  4434. 


Board  of  dental  examiners— continued. 
Compensation  4430. 
Complaint,  who  may  prefer  4441. 
Dentists,  registered  to  be  4433. 
Dentistry,    unlawful    to    practice    without 

license,  proviso  4427. 
District  attorney  to  prosecute  444 1 . 
Examination,  eligibility  for  4435. 
Examination,  to  include  4433. 
Fees,  annual,  application  of  4437. 
Fees,  remission  of,  penalty  4437. 
Fines,  penalties,  and  forfeitures,  how  paid 

4441. 

Governor  to  appoint  4428. 
Governor  to  report  to  4442. 
List  of  practicing  dentists,  secretary  to  fur- 
nish 4437. 

Meeting  called  4429. 
Members,  address  to  file  4431. 
Money,  how  deposited  and  drawn  4437. 
Offenses,  specified,  certain  cases  not  to  ap- 
ply 4439,  4440. 

Office,  power  to  remove  from  4432. 
Office,  term  of  4428. 

Operations,  unlicensed  persons  not  to  per- 
form 4438. 

Other  states,  certificate  from  4435. 
Physicians  and  surgeons  not  to  apply  to  4444 . 
Practicing  dentistry,  how  defined  4438. 
Quorum  4443. 

Report  to  make,  when  4442. 
Seal,  to  have  4429. 

Board  of  education.     See  Public  Schools. 
County,  election,  powers  and  duties,  tem- 

rary  board  3417-3419. 
State,  who  compose,  powers  and  duties  :>239- 

3242. 

Boards  of  election,  who  constitute.     See  Elec- 
tions. 

Board  of  embalmers.     See  Public  Health. 
Dead  body,  attachment  or  detention  of  6476. 

Burial  of  without  certificate    or   permit 
2972,  6549,  6550. 

Burial  or  cremation  of  6474. 

Laws  relatingto  transporting,  not  affected 
4454. 

Person  accompanving,  obstruction  or  de- 
tention of  6476. 

Removal  without  authority  2972,  6475. 

Stealing  or  receiving  unlawfully  6475. 

Unlawful  dissection  6473. 

Unlawful  removal  or  interference  with 

6814. 
Death,  failure  to  record  2986. 

False  certificate  of  2987. 
Death  certificate,  altering  of  2972. 

Carrier  shipping  without  2972. 

Physician  failing  to  issue  or  issuing  false 

2972,6551. 
Disinfection  4448. 
Examinations  4448. 
Examinations,  fees  4449. 
Fees,  balance  to  go  to  school  fund  445L'. 
Fees,  to  whom  paid  4452. 
Funds,  not  to  exceed  limit  4452. 
Governor  to  appoint  4445. 
Governor  to  report  to  4452. 
Health  officer,  undertaker  must  register  with 

local  2967. 
Licenses  4448. 


2139 


INDEX 


Board  of  pardons 


Board  of  embalmers— continued. 

License,  practicing   without,  penalty  44.")  1. 

Practicing  without,  not  to  apply  to  cer- 
tain persons  44-~>i . 

Regulation  of  4450. 

Renewal  of  4441>. 
Meetings,  when  4447. 
Office,  term  of  4445. 
Organization  of  4446. 
Practicing  without  license  44")  1. 
Prior  licenses  respected  4 !">:;. 
Public  health  act,  violating,  penalties  *_".»7'J. 
Qualifications  and  duties  4446. 
Quorum  of  4447. 
Regulations  of  4446. 
Salaries  and  expenses  of  44  46. 
Seal  4150. 
Undertakers,  must  register  with  local  health 

officer  2907. 

Board  of  equalization  303s,  :;<;<»:;,  :;7'.':;.  :;7(.'7. 
:X'.!».  :isti.     Set-    County    Commissioners, 
Revenue. 
Board   of   examiners,  county,  members   of, 

duties  15  I!  1-1551. 
Neglect  of  duty,  penalty  1551 . 
P.oan I  of  examiners,  state,  accountant,  expert 

to  employ,  when  L'S.WL'SOO. 
Accounts    between    surveyor-general    and 

state  printer,  to  approve  4350-435S. 
Accounts  of  officers  to  cause  to  be  exam- 
ined, penalty  for  failure  2S55-L>soi>. 
Action  may  be  brought  on  claim  rejected 

by  5053. ' 

Affidavit  of  auditing,  accounts  2844. 
Audit  expenditures  secretary  of  state  420:;. 
Bonds,  official,  settlement  with  sureties  2>>sr,. 
Books  and  accounts  to  examine  4455. 
Bullion  tax  agent,  bond,  examiners  to  ap- 
prove 42-4  s. 

Claims,   controller   not   to  draw  warrant, 
when  445'.). 

Failure  of  board  to  act  44-"")!). 

Itemi/ed  duplicate  to  be  filed  44l>5. 

When  no  appropriation  has  been  made  to 
pay,  to  recommend  to  legislature  445.S. 

Where  appropriation  has  been  made  4  J  V.i. 
Controller  and    treasurer,  examination  of 

books  to  permit  4457. 

Convicts,  road  work  by,  expense  of,  to  ap- 
prove 7602. 
Deficiencies,  restriction  on,  no  allowance  or 

warrant  4407. 

Depositions,  may  take  4461. 
Duties,  requisition  for  supplies  issued  only 

on  4470. 
Duties,  where  appropriation  has  been  made, 

unliquidated  demands  4459. 
Expenditures  of  secretary  of  state,  to  audit 

426.'}. 

Expenses  of  4473. 

Expenses,  university,  to  pass  on  4650. 
Expert  accountant,  to  employ,  when  2855- 

2860. 
Ex-soldiers,  claims  of,  notice  to  claimants, 

proofs  4479. 
Ex-soldiers,  collection  of  claims,  state  not 

liable  for  4480. 

False  testimony  before,  penalty  4462. 
Furnishing  board  ex  officio  4468. 
How  constituted  and  powers  (Nev.  Const. 

art.  v,  sec.  21)  314. 


Board  of  examiners— continued. 
Insane,  claims  for,  to  approve  2206. 
Insane,  expense  of  transporting,  to  approve 

7590. 

Inventory,  secretary  of  state  to  take  4471. 
Legislature,  stationery  4472. 
Library  claims,  to  approve  3956. 
Meetings,  semimonthly  4463. 
Members  of,  duties  (county)  1549-1551. 
Money  to  count  4455. 

Newspapers  to  do  official  advertising  44S 1 . 
Newspapers  to  publish  decisions,  expense 

limited  4481. 

Oaths,  may  administer  2845,  4461. 
Official  reports,  to  examine  before  going  to 

state  printer  4316. 
Penalty  for  neglect  to  examine  accounts  of 

officers  2S5'.). 
Printing  office,  duties  in  relation  to  2931, 

1316.  1320,4323. 

Process,  chairman  may  issue  I  100. 
Quorum,  what  constitutes  4464. 
Reports  to  edit,  examine  and  revise  2930. 
Restrictions  as  to  other  officers  4470. 
Road    work    by  convicts,  expense    of,  to 

approve  7602. 
Rules,  may  establish  4461. 
Salary,  none  4473. 
Secretary  of  state,  duties  of  447o. 
Secretary   of  state,  expenditures,  to  audit 

I2I13.    ' 

Sessions,  records  ot   1 163. 
Stationery,  how  issued  to  legislature    1 171. 
Supplies,  bidder  to  furnish,  bond  4469. 

Controller   to    withhold  warrants,  when 
I  17.'.. 

For  legislature  4472. 

Inventory  of  4470. 

Lowest  bidder  to  receive  bid,  provided 
1460. 

May  purchase  in  open  market  4469. 

Purchase  of  claims  for,  not  to  be  paid, 
when  4477. 

Purchase  of,  how  made  4476. 

Surplus  returned  by  legislature  4475. 

To  advertise  for  440'.). 
Sureties  on  bonds,  settlement  with  2886. 
To  investigate  claims  of  United  States,  ex- 
soldiers  4478. 
Treasury,  amount  of  money  in,  affidavit  to 

file  and  publish  4456. 
University  expenses,  to  pass  on  4650. 
Vouchers,  examination  of  4471. 
Who  to  consist  of  4455. 
Witnesses,  allowance  for  4460. 
Board  of  fish  commissioners  4483.     See  Fish 

Commissioners. 

Board  of  health.     See  Public  Health. 
City  794  (56). 
County  2981,  2982. 
State  2952-2980. 
Board  of  irrigation,  members  of,  powers  4692- 

4694,  4706.     See  Water. 
Board  of  military  auditors,  powers,  seal  4053- 

4055. 
Board  of  orphans'  home  directors,  member 

of  4089.     See  State  Orphans'  Home. 
Board  of  pardons,  affidavits  to  be  used  before, 

officers  who  may  take  7627. 
Attorney-general  member  of  7623. 
Bail  not  to  be  remitted  by  7630. 


Board  of  pardons 


INDEX 


2140 


Board  of  pardons— continued. 

Certificate  of  action  7624. 

Certificate  of  death  7624. 

Certificate  of  forfeiture  7624. 

Clerk  of,  duties  7623. 

County  commissioners  notified  of  applica- 
tions for  remission  of  fines  or  forfeitures 
filed  with  7625-7626. 

Created  how,  who  to  constitute  307,  7623- 
7630. 

Death  penalty,  when  remitted  by,  proceed- 
ings 7624,  7269. 

District  attorneys  to  be  notified  of  applica- 
tions for  pardon  filed  with  7625-7626. 

District  judges  to  be  notified  of  applications 
for  pardon  filed  with  7625-7626. 

Duty  of  officers  receiving  notice  of  applica- 
tion for  pardon  7626. 

False  oath  or  affirmation,  perjury,  penalty 
7628. 

Fines  or  forfeitures,  remitted  how  7623. 

Governor,  member  of,  7623-7630.  (Nev. 
Const,  art  v,  sec.  14)  307. 

Justices  supreme  court  members  of,  307, 
7623-7630. 

Members  of,  authority  to  administer  oaths 
7627-7628. 

Notice  of  application  for  pardon  filed  and 
served  how,  where  7625. 

Notice  not  required  for  restoration  to  citizen- 
ship or  commutation  from  death  7629, 
7625,  rule  iii,  p.  2 109. 

Oath,  any  member  may  administer  7627- 
7628. 

Order  to  discharge  prisoner  from  custody 
7625. 

Personnel  and  powers  (Nev.  Const,  art.  v, 
sec.  14)  307. 

Perjury,  false  oath  to  member  of  7628. 

Proceedings  when  death  penalty  is  remitted 
7624. 

Restoration  to  citizenship  how  obtained, 
when  7625. 

Rules  of,  7630,  pp.  2109-2110.    (Nev.  Const. 

art.  v,  sec.  14)  307. 

Board   of    parole    commissioners,   attorney- 
general  member  of  7631. 

Board  of  pardon  rules  applicable  thereto 
7360.  See  pp.  2109-2110. 

Control  over  paroled  prisoners  7631. 

Created  how  7631. 

Duty  of  peace  officers  7631. 

Escape,  prisoner  out  on  parole  when  deemed 
7631. 

Funds,  parole  prisoner  to  be  supplied  with, 
how,  when  7632. 

Governor,  member  of  7631. 

Governor's  private  secretary,  secretary  of, 
duties  7634. 

Justices  supreme  court,  members  of  7631. 

Majority  of  may  act  7631. 

Parole,  board  of,  rules  7634.    See  notes  2,  3. 

Parole,  commissioners,  board  of,  created, 
duties,  powers  7631-7634. 

Paroled  prisoners  to  report  to  7633. 

Peace  officers,  duties  concerning  paroled 
prisoners  7631. 

Powers  of  7631. 

Prisoners  entitled  to  parole,  when  7631. 

Prisoners  paroled  leaving  state  without  per- 
mission 7631. 


Board  of  parole  commissioners— continued. 
Recommendation  of  7632. 
Report,  prisoners  paroled  to  7633. 
Revocation  of  parole  7631. 
Rules  of  7630,  pp.  2109-2110  (Nev.  Const. 

art.  v,  sec.  14)  307. 
Secretary,  private,  of   governor,  secretary 

of  7634. 
Warden  of  state  prison,  duties  pertaining 

thereto  7632. 
Board  of  pharmacy,  act  to  take  effect,  when 

4514. 

Adulteration  of  drugs,  penalty  4511. 
Applicants,  certificates  issued,  list  to  keep 

4497. 

Applicants,  examination  of  4497. 
Applicants,  fees  of,  money,  how  used  4499. 
Book  of  entry,  open  to  inspection  4512. 
Certain  poisons,  retail  of,  unlawful,  except, 

entry  of  sale  to  be  made  4512. 
Certificates,  how  issued  and  what  author- 
ized by  4508. 

Revocation  of ,  filing,  appeal  to  courts  4504. 

To  be  issued  to  4498. 

To  be  recorded  with  4502. 

To  issue,  showing  to  be  made  4497,  4501. 

To  practice,  temporary  may  issue  4498. 

To  refuse,  when  4504. 
Compensation,  to  serve  without  4510. 
Complaints,  investigated  4511. 
Compounding  drugs  without  license,  pen- 
alty 4513. 

County  clerks,  to  be  notified  4497. 
Creation  of  board  4495. 
Diploma,  forged  or  fraudulent,  penalty  4500. 
Drugs,  adulteration  of  4511. 

Adulterated,  forbidden,  sale  of,  penalty 
4511. 

Compounding    without   license,  penalty 
4513. 

Label,  omitting  or  wrong,  penalty  6542, 
6543. 

Narcotic,  sale  of,  without   prescription, 
penalty  6543,  6544. 

Negligence  in  compounding,  penalty  4503. 

To  add  or  remove  ingredients  for  adulter- 
ation, unlawful  4511. 

To  produce  miscarriage,  sale  of,  penalty 

6448,  6449. 

Examination  to  practice  4498. 
Expense,  how  paid  4506. 
Fees,  to  charge  4499. 
Governor  to  appoint  4495. 
Gratuitous  services,  not  prohibited,  when 

4505. 
Label  on  drugs,  omitting  or  wrong,  penalty 

6542,  6543. 
Licensed  pharmacists  only,  to  compound 

drugs  4513. 

Meetings  of  board  4496. 
Miscarriage,  sale  of  drugs  to  produce,  pen- 
alty 6448,  6449. 
Narcotic  drugs,  sale  without  prescription, 

penalty  6543,  6544. 

Noncompliance  with  act,  penalty  4509. 
Officers  4496. 
Pharmacists  of  army  or  navy,  exemption 

4505. 

Physicians,  act  not  applicable  to  4512. 
Poisons,  to  be  labeled,  penalty  for  sale  with- 
out 4512,  4513. 


2141 


INDEX 


Bonds 


Board  of  pharmacy— continued. 

Practicing  unlawfully,  proceedings,  who 
may  institute,  penalty  4509. 

Presenting  fraudulent  diploma, penalty  4500. 

Prosecutions,  how  made  4511. 

Provisions  of  act  not  applicable  to  physi- 
cians 4512. 

Pure  food  and  drugs,  adulterating  or  mis- 
branding,  penalty  3486. 

Qualifications  of  4495. 

Quorum  4508. 

Receipts  and  disbursements,  state  aid,  when 
4506. 

Sale  of  poisons,  regulations  concerning 
4512,  4513. 

Seal  4497. 

State  aid  limited  4507. 

Temporary  certificate,  may  issue,  when^  It's. 

Term  of  office  4495. 

Testimony,  may  take  445)7. 

Vacancies,  how  filled  4495. 
Board  of  printing  commissioners  4328.     See 

State  Printer. 
Board  of  railroad  commissioners,  members 

of  4549.     See  Railroads. 
Board  of  regents.    See  University  of  Nevada. 

Board  of  control  of  agricultural  experiment 
station,  457. 

Chairman  to  be  appointed  4642. 

Clerk,  duties,  qualifications,  salary  4642. 

Compensation,  none  4642. 

Election  of  4640. 

Expenses  of  4640. 

From  accruing  interest  to  maintain  mining 
department  (Nev.  Const,  art.  xi,  sec.  8) 
360. 

Governor,  annual  reports  to  4641,  4658. 

Legislature  to  provide  for  and  define  their 
duties  (Nev.  Const,  art.  xi,  sec.  7)  •'>•">'*. 

Meetings  of  461: 1. 

Number  of  4640. 

Oath  of  46 Hi. 

Powers  and  duties  of  4641,  4657. 

Quarterly  and  special  meetings  4643. 

Records  of  proceedings  open  to  public 
inspection  4642. 

Reports  to  governor  4641,  4658. 

Term  of  office  4640. 

To  control  state  university,  duties  to  be  pre- 
scribed by  law  (Nev.  Const,  art.  xi,  sec.  4) 
356. 

To  invest  in  separate  fund,  to  be  irreduci- 
ble, proceeds  from  land  granted  by  act  of 
Congress  of  July  2,  1862,  for  college  for 
benefit  of  agriculture,  mechanic  arts,  mili- 
tary tactics  (Nev.  Const,  art.  v,  sec.  8)360. 

Vacancy,  governor  to  fill  4640. 
Board  of  revenue,  state,  members  of  3809, 3828. 
Board  of  sheep  commissioners  4586-4602.     See 

Sheep  Commissioners,  Live  Stock. 
Board  of  state  prison  commissioners,  who  con- 
stitute, powers  and  duties  (Nev.  Const,  art. 

v,  sec.  21)  314,  7561-7585.     See  State  Prison. 
Board  of  visitors,  state  university  4666-4670. 
See  University  of  Nevada. 

Appointed,  how  4667. 

Chief  justice,  chairman  4666. 

Duties  4668. 

Expenses  4670. 

Notice  4669. 

Term  4666. 

135 


Board  to  determine  conflicting  applications  to 

purchase  land,  member  of  3208. 
To  investigate  state  police  42SI. 
Boat,  definition  6294  (6) . 
Boats,  rafts  or  other  water  craft,  injury  to  or 

unlawful  interference  with,  penalty  6756. 
Boat  or  vessel,  for  passengers  overloading, 

death  caused  by,  penalty  6406. 
Boilers,  in  and  about  mines,  to  be  examined 

1228. 
Liable  to  cause  fire,  liability  for  operating 

6580. 

Boilermakers,  liens  of  2231. 
Bona   fide   purchaser  without   notice    1087. 

See  Conveyances. 

Bonds  and  undertakings.     For  bonds  of  sev- 
eral state  and  county  officers  see  index  of 

such  officers. 

Bonds,  action  upon,  justice's  court  has  juris- 
diction if  amount  not  over  $300  5714. 

Actions  between  sureties  for  contribution, 
civil  practice  5479. 

Additional  may  be  required  on  attach- 
ment 5149. 

Affidavit  and  justification  of  sureties  gen- 
erally 5484,  5485. 

Affidavit  of  sureties,  what  required  under 
civil  practice  act  5484. 

Amendment  proposed  to  art.  xi,  sec.  3 
of  the  constitution  passed  at  the  legis- 
lative sessions  1909, 1911 ,  subject  to  rati- 
fication by  the  people  at  the  general 
election  1912,  provides  for  the  invest- 
ment of  school  moneys  in  bonds  of  any 
county  in  the  state  (Nev.  Const,  art.  ii, 
sec.  3)  :-!55. 

Attorney  not  to  be  received  as  surety  in 
district  court,  D.  C.  rule  xiv,  p.  1428. 

Bail.     See  Bail. 

City,  county  or  state  not  required  to  fur- 
nish in  actions  by  or  against  5487. 

Corporations  organized  to  furnish  1242- 
1248. 

Defined  in  civil  practice  act  6294  (12). 

For  bail  in  contempt  proceedings,  form 
and  conditions  5400. 

For  obedience  to  order  regarding  children 
in  action  for  divorce  5840. 

For  payment  of  judgment  when  adjourn- 
ment for  more  than  ten  days  in  justice's 
court  5760. 

In  actions  in  quo  warranto  for  usurpation 
of  public  office  5660. 

In  justice's  court,  deposit  may  be  made 
in  lieu  of  in  all  cases  5816. 

Justification  of  sureties,  civil  practice  act 
5485. 

Of  assessor,  action  on  for  underassessing 
or  failure  to  assess  land  3839,  3840. 

Of  county  recorder,  action  on  for  enter- 
ing satisfaction  of  mortgage  without  affi- 
davit that  taxes  are  paid  3755. 

Of  guardian  ad  litem,  D.  C.  rule  xxxi,  p. 
1430. 

Of  guardian,  different  actions  may  be 
maintained  upon  6184. 

Of  guardian  of  insane  person  for  pay- 
ment of  expenses  in  advance  to  secre- 
tary of  state  2201. 

Of  guardian,  time  within  which  action 
may  be  brought  against  sureties  6185. 


Bonds 


INDEX 


2142 


Bonds— continued . 

Of  sheriff  liable  for  deposit  on  arrest  in 
civil  action  5107. 

Of  sheriff  liable  for  escape  of  defendant 
arrested  in  civil  action  5111. 

Of  the  United  States  or  any  state,  legis- 
lature may  invest  school  moneys  in 
(Nev.  Const,  art.  xi,  sec.  3)  355. 

Of  trustee  appointed  on  dissolution  of  cor- 
poration in  quo  warranto,  suit  may  be 
brought  on  5673. 

Official,  may  be  furnished  by  surety  com- 
pany 2888. 

Official  or  statutory,  how  sureties  may  be 
released,  liability  2880-2883. 

Official,  to  State  of  Nevada,  action  may 
be  brought  on  in  his  own  name  by  any 
person  injured  2870. 

On  appeal,  affidavit  of  sureties,  waiver, 
deposit  in  lieu  of,  exception  of  sureties 
5334. 

On  appeal  and  stay  of  execution  in  action 
for  forcible  entry  or  unlawful  detainer 
5(301. 

On  appeal,  entry  of  in  justice's  court 
docket  5800. 

On  appeal  from  justice's  court,  require- 
ments with  or  without  stay,  deposit, 
justification  of  sureties  5792." 

On  appointment  of  elisor  5495. 

On  motion  for  continuance  by  defendant 
in  action  for  forcible  entry  or  unlawful 
detainer  5597. 

State  may  not  incur  debt  exceeding 
$300,000  (Nev.  Const,  art.  ix,  sec.  3)350. 

Surety  company  may  act  as  sole  surety 
695. 

Surety  company  or  cash  may  be  accepted 
in  place  of  personal  sureties  5486. 

To  be  executed  by  railroad  company  for 
building  of  fences  in  proceedings  under 
eminent  domain  5619. 

To  defendant  when  plaintiff  occupies 
premises  pending  proceedings  in  emi- 
nent domain  5615. 

To  stay  execution  of  judgment  -or  order 

pending  appeal  5361. 

Official  bonds,  additional,  when  may  be  re- 
quired 2873,  2875. 

Approval,  record  and  filing  2872. 

Condition  expressed  2869. 

Defect  in  not  material ,  how  remedied  2871 . 

Form  of  2868. 

Justification  of  sureties  2878. 

Laws,  applicable  to  2869. 

New,  penalty  of  2884. 

Number  of  sureties  2877,  2888. 

Subscriptions  to,  how  taken  2885. 

Surety  company  may  furnish  2888-2890. 

Surety,  liability,  ratable  2886. 

Sureties,  death,  removal  or  insufficiency 
2873,  2874. 

Sureties,  justification  of  2878. 

Sureties,  liability  amount  may  assume 
2879. 

Sureties,  number  of  2877,  2888. 

Sureties,  released  how  2880,  2881. 

Sureties,  settlement  with  2886. 

Suit  on,  who  may  bring  2870. 

Time  in  force  2869. 


Bonds— continued. 
Peace,    bound    to     keep,    forfeiture     and 

recovery  6874-6876. 
State  not  required  to  furnish  in  action  by 

or  against  5487. 
Sureties,  actions  between  for  contribution 

5479. 
Sureties,  affidavit    and    justification   5484, 

5485.     See  Civil  Practice. 
Surety    company,    appoint    controller    as 
attorney  696. 

Articles  filed  with  secretary  of  state  696. 

Bond  of  not  approved,  when  701. 

Certificate  from  secretary  of  state  697. 

Civil    practice    act,   permits    acceptance 
5486. 

Corporation   organized  to   furnish  1242- 
1248. 

Criminal  practice  act  permits  acceptance 
7329. 

Estopped  to  deny  power  700. 

Evidence  of  responsibility  698. 

Expense  of  bond,  costs  699 

Justification  698. 

May  be  accepted  under  civil  practice  act 
5486;  criminal  practice  act  7329. 

Release  from  liability  695. 

Service  of  process  on  696. 

Sole  surety  695. 
Bonds  of  irrigation  district,  sale  of,  when  4752. 

See  Water. 

Bonds  of  states  and  United  States,  school  fund 
to  be  invested  in  (Nev.  Const,  art.  ii,  sec. 
3)  355,  3387. 
Bonds,  school  district  3431-3441.     See  Public 

Schools. 

Books,    bringing    of   by  witness  may  be  re- 
quired 5431 . 
Judgment  for  delivery  of  in  quo  warranto 

5667. 
Of  corporation,  may  be  ordered  delivered  to 

trustee  on  dissolution  in  quo    warranto 

5675. 
Of  public  utility,  public  service  commission 

may  require  production  of  4529,  4531. 
Witness  may  be  compelled  to  produce  5416. 
Booths  for  election  purposes  1850.    See  Elec- 
tions. 

Bottomry  or  respondentia,  contracts  of  1081. 
Boundaries,  of  county,  commissioners    may 

cause  survey  of  1489-1495,  4349. 
Of  irrigation  district  4771. 
Of  mineral  lands.     See  Mines  and  Mining. 
Of  state,  fixed  in  constitution  368. 
Of  township  changed,  effect  2784. 
Surveyor-general  custodian  of  maps  of  state 

and  county  4355. 
Bounties,  artesian  wells  702,  717. 
Artesian  wells,  state  reimbursed  714,  715. 
Badger  718-722. 
Coyote  718-722. 
Gopher  723-727. 
Lynx  718-722. 
Mountain  lion  718-722 
Natural  gas  wells  702-706,  712-717. 
Noxious  animals  718-727. 
Noxious  animals,  procedure  to  obtain  719 

727. 

Oil  wells  702-717. 
Pocket  gopher  723-727. 


2143 


INDEX 


Bureau  of  industry,  etc. 


Bounties— continued. 
PrairieT  wolf  718-722. 

Wells,  procedure  to  obtain  703-717. 
Wildcat  7 18-721'. 
Box  for  names  of  jurors  summoned,  judge  to 

approve  kind  5204. 
Boxing,  glove  contests  3881-3889.     See  Glove 

Contests. 

Branch  jail  may  be  established  7614. 
Branches  of  learning  required  to  be  taught  in 
university  4(>39.  See  University  of  Nevada. 
Brands  and  marks.     See  Marks  and  Brands, 

Live  Stock. 
Breach  of  peace,  before  magistrate,  security 

6873. 

Refusal  to  prevent,  penalty  6<>i>»>. 
Whfui  punishable  as  contempt  in  justice's 

court  5795. 

"Break,"  word  defined  6294  (I'd. 
Breweries,   location    and    control    by   cities 

794 
Bribery,  asking  or  receiving  bribe,  penalty 

6312. 

Conviction    of  excludes    from    jury  unless 
restored  to  civil  rights  (Nev.  Const,  art. 
iv.sec.27)  28 
Defined,  penalty  <i;;il. 
Disqualification    for   office   or   jury  (Nev. 

Const.)  2<j8.  2S5. 

In  relation    to  election  or  procurement  of 
office    disqualifies     from     holding    otlice 
(Nev.  Const,  art.  iv,  sec.  1<>)  268. 
Laws  to  be  passed  preventing  at  elections 

t  Nev.  Const,  art.  iv,  sec.  27)  2S5. 
of  officer,  penalty  6311-6828. 
Offender  competent    witness,  proviso  6328. 
Or  attempting  to  bribe  electors  or  election 

officers  1829,  6X02. 
Or  attempting  to  bribe  employee  or  agent, 

penalty  679<;. 

Or  attempting  to  bribe  juror,  penalty  6323. 
Or  receiving   bribes,  labor  representative, 

penalty  6794,  6795. 

Bridges.    See  Public  Highways,  County  Com- 
missioners. 

Eminent  domain  may  be  exercised  for  56i>6. 
Fast  riding  or  driving  on,  penalty  6772. 
Injury  to,  penalty  6757. 
Measure  of  damages  for  cutting  timber  for 

repair  of  5507. 
Viaducts  and  tunnels,  control  of  by  city, 

794(2!)). 

Brigade  4003.     See  State  Militia. 
Brigadier-general    4003,   4005.     See    Militia, 

State. 

Bringing  or  instigating  false  suit,  penalty  6366. 
Budget  of  county  expenses,  commissioners  to 

make  2826-3829. 
Building  and  loan  associations,  foreign  1356- 

1364.     See  Corporations. 
Building  defined  6294  (18). 

Destruction  by  explosive,  penalty  6572, 6573. 
Building  stone,  land  entries  3166.     See  Public 

Lands. 
Building  stone  material,  mining  claims  for, 

located  how  2393. 
Bulk,  merchandise  sold  in,  regulations  3908- 

3912.     See  Sales  of  Merchandise. 
Bulkhead,  required    near    collar    of    mining 

shaft  4217. 
Bull  fight,  city  may  prevent  794  (75). 


Bullion,  and  gold  dust  to  be  returned  as  money 

and  not  sold  under  execution  5287. 
Assayer  or  purchaser  failing  to  inquire  con- 
cerning or  keep  record  of,  penalty,  2483- 
2486,  6763,  (5764. 
Lien  and  attachment  5492. 
Preferred  lien  upon  when  sold  at  reduction 

works  54! »2. 
Bullion  tax  agent  4240-4248.  See  State  License 

and  Bullion  Tax  Agent. 
Bunco-steering  defined,  penalty  6461. 
Burden  of  proof,  in  action  of  railroad  com- 
pany against  railroad  commission  to  set 
aside  rate  456 1. 
In  action  to  review  order  of  public  service 

commission  4540  (e). 
Bureau  of  Animal  Industry  (U.S.),  agents, 

duty  of  1390. 
Commissioner,  special  examination  to  make 

1390. 
Diseased  live  stock,  to  prevent  exportation 

of  43! H>. 
State  sheep  commission  to  adopt  rules  of 

I5SS. 
Bureau   of    Immigration   and  Naturalization 

(Federal)  established 2514-2544.    See  Natur- 

ali/.ation. 

Bureau   of  industry,  agriculture  and  irriga- 
tion, appointment  of  commissioner  4486. 

Appropriation  for  4492. 

Attorney-general,  member  of  commission 
4486.  ' 

Carey  act  lands,  to  have  control  of  448!). 

Chairman,  governor  to  be  4486. 

Commission,  to  control  4486. 

Commission,  to  govern,  composed  of,  whom 
I486. 

Commissioner,  governor  to  appoint  4486. 

Commissioner,  oath  to  take,  4487. 
Office  at  pleasure  of  governor  4487. 
Salary  of  4491. 
Secretary  of  bureau  4486. 

Contributions,  may  accept  4490. 

Correspondence,  to  answer  4489. 

County  contributions,  authorization  of  4490. 

Disbursements,  how  made  4492. 

Distributing  unreliable  literature,  penalty 
4494. 

Established  4486. 

Expenses,  how  paid  4491. 

Experiments,  certain  to  conduct  4489. 

False  statements,  penalty  for  4494. 

Fees,  may  exact  when,  paid  to  whom  4490. 

Governor,  member  of  commission  4486. 

Information,  to  collect  and  preserve  4489. 

Information,  to  gather,  preserve  and  dis- 
seminate 4489. 

Index  to  information  4489. 

Industrial  problems,  to  study  4489. 

Irrigation  problems,  to  study  4489. 

Meetings  of  commission  4488. 

Office  rooms  and  hours  4488. 

Panama  Pacific  exposition,  to  assist  in  ex- 
hibit at  4489. 

Passes  on  railroads,  may  accept  4490. 

Penal  provisions  4494. 

Powers,  duties,  and  functions  of  4489. 

Printing,  where  may  be  done  4493. 

Restrictions  4489. 

Secretary,  commissioner  to  be  4486. 

State  engineer,  member  of  commission  4486. 


Bureau  of  industry,  etc. 


INDEX 


2144 


Bureau  of  industry— continued. 

Surveyor-general,  member  of   commission 
4486. 

Term  of  office  of  commissioner  4487. 

Title  of  4488. 

Transportation  and  contributions,  may  ac- 
cept 4490. 
Bureau  of  weather  4405-4410.     See  Weather 

Bureau. 
Burglary  6634-6636. 

Burglar  tools,  making  or  having,  penalty 
6637. 

Committing  other  crime  therewith,  penalty 
6636. 

Degrees  of  6634. 

Jurisdiction  6634,  6917. 

Presumption  of  intent  6635. 

Property  restored  6650,  6651,  7448. 
Burial.     See  Board  of  Embalmers. 

Certificate  must  issue,  when,  proviso  2974. 

Coroner,  permit  to  issue  6549,  6550. 

Exhuming  remains  unlawfully  6552,  6553. 

Health  officer,  permit  to  issue  2974. 

Pauper,  allowance  for  2920. 

Permit,  what  to  contain  2961. 

Removal  and  reburial  2974. 

Without  permit  or  certificate,  penalty  2972, 

6549-6553. 

Bushel,  standard  for  charcoal  4824. 
Bushel,  weight  for  certain  commodities  4802. 
Butter,  imitation,  sale  of,  penalty  6526,  6528. 
Butter,  standard  package,  weight  4804. 
By-laws  for  corporations,  how  made  1125.  See 

Corporations. 

C 
Cabinets,  specimen  mineral,  geological,  art  or 

paleontological  exempt  from  execution  5822- 

5824. 

Cables  and  ropes  in  mines,  regulations  4227. 
Cadets,  university  4664.     See   University  of 

Nevada. 
Cages    in  mines,  regulations  of   4215,  4222, 

4235.     See  Mining  Inspector. 
Calendar,  court, pp.  1423-6.  See  Civil  Practice. 
Calendar  month,  defined  5475. 
Calf,  age  limit  before  sale  2991. 
California,  State  of  Nevada  may  be  enlarged 

by  relinquishment  of  territory  by  368. 
Camp  fire,  failure  to  extinguish,  penalty  6632. 
Canals,  eminent  domain  may  be  exercised  for 

5606.  • 
Candidates  for  nomination,  primary  law  1737- 

1745.     See  Elections. 
Canvass,  election  returns,  city  board  to  801. 

County  commissioners  to  1503,  1513. 

District  judge  to  1513. 

Justices  of  supreme  court  to  297,  1796,  1842, 

1863,  1881, 1884.     See  Elections. 
Canvass   of  votes  of   constitutional  amend- 
ments 1881. 

Canvass  of  returns,  of  election  for  ratification 
of  constitution  419. 

Of  election  for  state  officers  by  chief  jus- 
tice and  associate  justices  297. 
Canyon,  right  of  way  through  for  road  and 

railroad  5628. 
Capital  offenses,  bail  not  to  be  allowed  if  proof 

evident  or  presumption  great  236. 
Capital  punishment,  for  what  crimes  inflicted 
6532,  6386,  6413,  6422,  6442,  6572,  6573, 
6625,  6819. 


Capital  punishment— continued. 

How  inflicted,  hanging  or  shooting  7281. 
Suspension  of  7270-7278. 
Warrant  for  execution  7268. 
Capital  stock  of  incorporation,  increased  or 
diminished,  how  1236.     See  Corporations. 
Capitation  tax,  how  laid  by  Congress  132. 
Capitol,  to  be  at  Carson  City  369. 

Terms  of  supreme  court  to  be  held  at  322. 
Capitol  commissioners  4411-4426.     See  Board 

Capitol  Commissioners. 
Capitol  grounds,  defacement  or  obstruction, 

penalty  6774. 

Cards,  playing,  when  deemed  gambling,  pen- 
alty, 6518. 

Carey  act  lands,  federal  and  state  acts  con- 
cerning 3063-3097.     See  Public  Lands. 
Carson  City,  orphans'  home    children    may 

attend  public  school  at  4106. 
Seat  of  government  located  at  369. 
Carrying  concealed  weapons,  penalty  6568. 
Cash  in  lieu  of  bail  accepted  7330,  7332,  7335. 
Catalogue,  to  be  kept  of  specimens,  ores  or 

curiosities  exempt  from  execution  5824. 
Cattle.    See  Live  Stock. 
At  large  upon  uninclosed  land,  how  assessed 

3843. 

Guards,  recovery  of  cost  under  bond  for 
construction  of   railroad  fences  in  pro- 
ceedings under  eminent  domain  5619. 
Or  domestic  animals,  wounding  or  poison- 
ing, penalty  6747. 

Caucasian  race,  marriage  with  other  races  for- 
bidden, penalty  6514. 
Cause  of  action.     See  Civil  Practice. 
Joinder  5039. 
When  successive  actions  may  be  maintained 

on  5477. 
Cause  or  controversy,  may  be  submitted  and 

determined  without  action  5252. 
Cemeteries,  cities  under  general  act  may  con- 
trol or  vacate  794  (57-59) . 
Constructing  road  or  public  utility  through 

without  permission,  penalty  6477. 
Eminent  domain  may  be  exercised  for  5606. 
Exempt  from  execution,  when  3621. 
Injury  to,  penalty  6759. 
Property  of  lot  owners  in,  inalienable  1408. 
Rural,  corporations  for  1398-1409.   See  Cor- 
porations. 

Census.     See  Public  Schools. 
Marshals,  school  3361-3372. 
State  and  federal  to  be  taken,  basis  of  rep- 
resentation  in    legislature    (Nev.  Const. 
art.  xv,  sec.  13)  381. 
Certiorari,  supreme  court  empowered  to  issue 

writ  of  319. 
Writ  of,  district  court  or  judge  may  issue 

321,  5683-5693.     See  Civil  Practice". 
Central  Pacific  railway  grant,  price  of  state 

lands  within  3198. 

Certificate.  See  Corporations,  Criminal  Prac- 
tice, Elections,  Medicine  and  Surgery, 
Mines  and  Mining,  Public  Health,  Reve- 
nue. 

And  seal  of  county  clerk  to  be  attached  to 
summons  in  action  in  justice's  court  to 
be  served  out  of  town  5732. 
And  seal  to  prove  records  of  other  states 

5410. 
Filing  of  paper  includes  2036. 


2145 


INDEX 


Change  of  venue 


Certificate — continued. 

For  authentication  of  records  under  act  of 
Congress  52(5-520. 

How  seal  to  be  attached  5481. 

Of  acknowledgment  to  have  court  seal 
affixed  4S70.' 

Of  birth,  by  whom  made,  what  to  contain 

20(>4.  2965. 

Certified  copies  of,  issued,  when  2971. 
False,  penalty  for  20S7. 
Recorded,  when  and  where  20S5. 

Of  clerk  for  stay  of  execution  pending 
motion  for  new  trial  in  district  court, 
D.  C.  rule  xxvi,  p.  1420. 

Of  clerk  of  district  court  that  appeal  is  per- 
fected, when  to  stay  execution,  D.  C.  rule 
xxii,  p.  1420. 

of  clerk  or  judge,  consul,  minister  or 
embassador  to  judicial  record  of  foreign 
country  5411. 

Of  clerk  to  signature  of  judge  taking  affi- 
davit out  of  state  545:5. 

Of  corporation,  what  to  set  forth  1 108, 1114,' 
1115,  MM),  12X11. 

Of  county  surveyor  or  deputy  may  be  sub- 
mitted as  evidence  HK17. 

Of  death,  certified  copy  of  issued  how  207 1 . 
False,  issuance  of,  penalty  20S7. 
Regulations  concerning,  recorded  when 
and  where  2958-2960. 2985, 

Of  district  judge  as  to  which  justice  of  the 
peace  is  successor  when  two  equally  en- 
titled, to  be  filed  with  county  clerk  5807. 

Of  election  1513,  170U,  2775.  27o:;.  270 1.     See 

Elections. 

Becomes  void  if  no  appeal  taken  within 
thirty  days  from  judgment  of  district 
court  annulling  election  1812. 
To  be  issued  by  clerk  of  board  of  county 
commissioners  in  accordance  with  judg- 
ment 1810. 

Of  foreign  corporation,  if  not  filed  with  sec- 
retary of  state,  action  not  to  be  brought 
or  defended  1350. 

Not  filed,  other  proof  1347. 

Of  incorporation  certificate,  when  is  evi- 
dence 1221. 

Of  indebtedness  against  county  not  pre- 
sented within  six  months  after  notice 
that  it  is  payable,  funds  may  be  paid  for 
other  purposes  but  demand  becomes  due 
on  re-presentation  1563. 

Of  judge  or  referee  to  settlement  of  state- 
ment on  appeal  and  filing  5337. 

Of  judgment  of  supreme  court  to  be  entered 
in  trial  court  5360. 

Of  location  of  mining  claim,  recorded  when 
2424. 

Of  nomination  filed  1837,  1830. 

Of  probable  cause,  stay  pending  appeal  7294. 

Of  proof  of  annual  labor  on  mines  2046, 
2382,  2383,  2305,  2430. 

Of  sale  of  real  estate  under  execution,  what 
to  state,  duplicate  to  be  filed  with  county 
recorder  5208. 

Of  redemption  of  real  property  sold  under 
execution  to  be  acknowledged  and  re- 
corded 5301. 

Of  sale  to  include  all  property  sold  for  taxes 
bid  in  by  county  treasurer,  recording  3660. 


Certificate — continued. 

Of  sale  under  execution  conveys  all  right 
debtor  had  in  property  on  day  execution 
levied  520(1,  5207. 

Of  secretary  of  state  to  qualifications  of 
surety  company,  evidence  608. 

Of  stock  of  corporation,  district  court  may 
order  new  issued  in  lieu  of  one  lost  1165. 

Of  survey  of  mine  by  licensed  surveyor, 
when  prima  facie  evidence  2420. 

Of  tax  sale,  3667. 

Physician's  on  commitment  of  insane  per- 
son to  be  transmitted  to  asylum  2204. 

To  purchase  on  sale  by  assessor  of  personal 
property  for  delinquent  taxes  3679. 

When  to  be  issued  by  district  judge  to  new 
officers  on  removaf  of  officers  of  corpora- 
tion 1182. 

Certified  copy,  of  affidavit  filed  with  testi- 
mony taken  for  perpetuation  prima  facie 
evidence  of  facts  5460. 

Of  delinquent  tax  list  is  evidence  3658. 

Of  incorporations  of  athletic,  historic,  scien- 
tific or  literary  societies  prima  facie  evi- 
dence 1384. 

Of  incorporations  of  W.  C.  T.  U.  prima 
facie  evidence  1437. 

Of  instrument  affecting  real  property,  when 
may  be  read  in  evidence  5414. 

Of  judicial  record  of  this  state  or  the 
United  States  is  evidence  5408. 

Of  order  of  railroad  commission  prima 
facie  evidence  45(15. 

Of  record  in  office  of  county  recorder  may 
be  read  in  evidence  1094. 

Of  record  of  instrument  recorded  in  office 
of  county  recorder  may  be  read  in  evi- 
dence 1094. 

Of  record  of  notary  or  predecessor,  when 
prima  facie  evidence  2754,  2759. 

Of  record  of  this  state  or  the  United  States 
other  than  judicial  in  custody  of  public 
officer  or  certified  or  verified  copy  may 
be  read  in  evidence  5409. 

Of  record  relating  to  naturalization  is  evi- 
dence 2541. 

Of  restored  records  validated  5639. 

Of  will  admissible  in  evidence  5877. 

Or  record  of  United  States  or  state  patent, 

when  admissible  in  evidence  5415. 
Certified  records  and    documents,  originals 

and  copies  admissible  in  evidence  5408-5415. 
Certiorari  (Nev.  Const.)  319,  321,  4840,  4843, 

5683-5603,  5711-5713,  S.  C.  rule  18,  p.  1424. 

See  Civil  Practice. 
Chain  gang,  city  may  have  790. 
Chairman  political  parties.     See  Elections. 
Challenges  to  jury.    See  Civil  Practice,  Crimi- 
nal Practice,  Jury,  and  Grand  Jury. 
Challenge   to   voter,  how    made    1731.     See 

Elections. 
Challenging  or  delivering  challenge  to  fight 

duel,  penalty  6423,  6426. 
Chambers,   functions    of    district    court    at 

4843,  4922. 

Chancery  cases  may  be  tried  with  or  with- 
out jury  5229. 

Change  of  venue,  appeals  from  orders,  notice, 
court  rule  xxiii,  p.  1425. 

Civil  action  5014,  5015. 


Change  of  venue 


INDEX 


2146 


Change  of  venue— continued. 
Costs  in  7466,  7467. 
Criminal  action  7115-7120. 
Changing  names.    See  Civil  Practice,  Names 

and  Emblems. 

Of  females  in  actions  for  divorce,  5844. 
Of  individuals,  procedure  5335-5337. 
Of  persons,  local  or  special  laws  for,  invalid 

(Nev.  Const,  art.  iv,  sec.  20)  278. 
Chaplain  of  legislature  4119. 
Charcoal,  act  regulating  measurement  of  4824- 

4827. 
Charge  to  jury.     See  Civil  Practice,  Criminal 

Practice. 
Charitable  association  or  company,  state  may 

loan,  donate  or  subscribe  to  346. 
Charitable   corporations,  may  be  exempted 

from  taxation  339. 
Sale  of  property,  district  court  may  allow 

1368. 
Charitable    institutions,   incorporated,    how 

1365. 
Charitable  societies  exempt  from  taxes,  when 

3621. 

Charters.     See  Corporations. 
Of  banks,  violation  of  banking  law  author- 
izes annulment  626. 

Of  expiring  corporations  renewed,  how  1208. 
Chattel  mortgage  1080. 
Affidavit  to  be  attached  1080. 
Attachment  of  property,  minimum,  subject 

to  1080. 

Amount  of,  limited  1080. 
Foreclosure  of  5501-5503. 
Record  of,  fees  for  1080. 
Recorder,  book  of,  to  keep  1080. 
"Chattels,"  when  included  in  words  "personal 

property"  and  "property"  5475. 
Cheap  transportation  lines,  corporation  for 

1341-1345.     See  Corporations. 
Checks,  drawing  on  bank  without  deposit, 

penalty  6672. 
Parties    and    liability    of    in    actions    on, 

schedule  of  sections  2548. 
Check  list,  election  1713.     See  Elections. 
Chief  clerk  of  assembly,  election  and  duties 

276,  415-419. 

Chief  engineer  and  commissioner  of  internal 
improvements,  surveyor-general  ex  officio 
4351. 
Chief  justice  of  supreme  court.     See  Supreme 

Court. 

For  reasonable  cause  may  be  removed  on 
two-thirds  vote  of   members  elected  to 
each    branch    of   the    legislature   (Nev. 
Const,  art.  vii,  sec.  3)  336. 
How  determined  317,  318,  2775,  4829,  4830. 
Is  justice  with  shortest  term,  but  if  com- 
missions of   two  bear  same    date  chief 
justice  shall  be  determined  by  lot  318. 
Or  presiding  magistrate  to  attest  certificate 
of  clerk  to  judicial  records  of  other  states 
5410. 

To  preside  over  senate  on  trial  of  impeach- 
ment of  gevernor  or  lieutenant-governor 
(Nev.  Const,  art.  vii,  sec.  1)  334. 
Warden  of  state  prison,  bond  of  to  approve 

7582. 

When  to  certify  statement  on  appeal  5333. 
Chief  of  governor's  staff,  adjutant-general  to 
be  3993. 


Chief  of  ordnance,  adjutant-general  ex  officio 

3993. 

Chief  of  police,  appointment  under  city  gov- 
ernment act  839. 
Prisoners  in  city  jails,   to  have  charge  of 

and  to  work  when  ordered  7619. 
Children.     See  Adoption  of  Children,  Civil 
Practice,   Criminal   Practice,   Estates  of 
Deceased   Persons,  Guardians,  Juvenile 
Court  Law,  Minors,  Wills. 
Abandonment  of,  penalty  766,  6446. 
Adoption  of  746,  5825-5834. 
Age,  falsely  representing  to  procure  liquor 

6506. 
Of  majority,  males  21  years,  females  18 

years  431. 

Apprentices  482-497,  2919. 
Cigarettes  or  tobacco,  sale  of  to  3874,  3875, 

6502. 
Contributory  dependency  and  delinquency 

757-764. 

Crime,  under  18  years,  charged  with,  trans- 
fer to  district  court  741. 
Custody  in  divorce  proceedings  5840,  5841. 
Damagesfor  death  by  wrongful  act5648-5650. 
Delinquent  child  defined  736. 
Expense  of  maintenance  and  education, 

state  charge  745. 
Neglected  or  dependent  728,  756. 
Person  defined  728. 
Dependent  child,  counsel  may  be  appointed 

for  738. 
Defined  728. 
Guardian    may  be  ordered  to  place  in 

hospital  738. 

Neglected  or  delinquent  728-756. 
Destitute,  care  and  education  by  cities  794 

(60). 
District  judge  to   approve  employment  in 

certain  cases  6824. 

Employments  forbidden,  penalty  6506-6823. 
Failure  to  support  6481-648)}. 
Foreign  corporations  placing,  penalty  747. 
Guardian,  ad  litem  (see  Civil  Practice)  4993, 
5726,  D.  C.  rules  xxix  to  xxxi,  p.  1430. 
Bond  of,  different  actions  may  be  main- 
tained upon,  parties  6184. 
How  appointed  4993. 
Limitation  of  action  for  recovery  of -estate 

sold  by  4963. 
May  consent  to  partition  without  action 

and  execute  release  5573. 
May   join    in   partition  of  real  estate  of 

ward  6 166. 
May  sue  for  death  injury  or  seduction  of 

ward  4996. 
Notice  to  on  proceedings  in  district  court 

to  set  aside  apprenticeship,  costs  493. 
Of  minor  or  insane  person  may  apply  for 

lot  in  federal  townsite  1963. 
Of  minor  or  insane  person,  when  deed  to 
be  made  to  for  lot  in  federal  townsite 
L986. 
Or  personal  representative  may  sue  for 

death  of  adult  4997. 
Time  within  which  action  may  be  brought 

against  sureties  on  bond  of  6185. 
When    may    sue     for    death,  injury    or 

seduction  of  ward  4995. 
Guardianship  4096,  6149-6201.     See  Guard- 
ians. 


2147 


INDEX 


Cities 


Children— continued. 

Illegitimate,  abandonment    or    neglect   of, 

penalty  7<>(>. 

Legitimatized,  when  235 1. 
Proof  of  paternity  <<M. 
Support  of  7(v~>,  /()(>. 

Issue  legitimate,  marriage  null  or  void  OUT. 
Jails,  under  12  years  not  committed  to  741'. 
Juvenile  court  law  728-7-"S(i. 
Liability  to  punishment  62(>s. 
Married!  woman  sole  trader,  liable  for  sup- 
port of  21  93. 
Neglected  child  defined  728. 

Dependent  or  delinquent  728-,  "m. 
Obscene  literature  6461. 
Placing  by  foreign  corporations  747. 
Pool  or  billiard  rooms,  visiting  6506. 
Posthumous  children,  effect  of  conveyance, 
right  of  estate  1058, 1059, 6159,  6217,  <;±_>.\ 
Prostitution,  houses  of,  enticing  into  6445. 
Rape,  notwithstanding  consent   of   female 

under  16  years  (5442. 
Saloon,  permitting  in  6842,  6S4:5. 
State  to  maintain  and  educate  delinquent 

74."). 

Substitution  6371. 

Tobacc.,.  sale  of  to  3874,  :5S7:>,  ir>02. 
Under  12  years  not  committed  to  jail  742. 
Under    14    years,  employment    of    to    be 

approved  by  judge  6S24. 
Tinier  18  years,  charged  with  crime,  trans- 
fer to  district  court  741. 
Use  of  firearms  by  6610. 
Chinese,  contract*?  of  servitude  not  enforci- 

ble  6S4s,c,sl!». 

Kmployment  on  reclamation  work  prohib- 
ited 3101. 

Marriage  with  whites  prohibited 661  H'>.">ir>. 
Naturalization  of,  prohibited  25 10. 
Public  work,  not  to  be  employed  3483-3485. 
Real  estate,  prohibited  f rom' holding  3r><):_>. 
Slavery  of,  act  concerning  (>S17-r»S.">(). 
Christian  religion,  witness  believing  in  other 
may  be  sworn  according  to  peculiar  cere- 
monies 5447. 
Church,  district    court  may  make  order  for 

sale  or  mortgaging  of  property  of  1369. 
Protestant  Episcopal,    district   court   may 

make  order  for  sale  of  real  estate  1431. 
Churches,    chapels    and    property   used    for 

worship  exempt  from  taxes  3621. 
House  of  prostitution  forbidden  within  four 

hundred  yards  6510. 
Incorporated,  how7  1365. 
Injury  to  property  of  6760,  0761. 
Churchill   County,  creation,  boundaries  and 

seat  390,  1449,  1451,  1453-1455. 
Chutes,  eminent  domain  may  be  exercised 

for  5606. 

Cigarettes  or  cigarette  paper,  selling  or  giving 
to  minors,  penalty  3874-3875,  6502,  6503. 
License  for  sale  of  3872,  3876. 
Circulating  false  report  as  to  bank  661. 
Citation,  by  district  court  or  judge  or  justice 
of  the  peace  for  discovery  of   personal 
property  on  which  taxes  delinquent  3679. 
May  issue  to  garnishee  5177. 
Of  officer  guilt}7  of  malfeasance  2852. 
To    issue    in    proceedings   to    restore    lost 
records  5642. 


CITIES  (General  Incorporation  Act) 
Accounts,  inspection  of  983. 
Acquire  and  hold  property  771). 
Actions,  how  brought  796. 

Actions  by  or  against  bond  not  required  of  5487. 
Actions,  summons,  how  served  .1023. 
Animals  running  at  large  in  794  (71). 
Annexation  of  additional  territory  870. 
Annual  revenue  reports  982. 
Appoint  men i  of  officers  784. 
Arresis.  who  may  make  SOO. 
AUDITOR 

Accounts  to  keep  S21. 

Annual  report  821,  982. 

Hooks  of  account    to  keep  821. 

Bonds,  list  of  to  keep  S21. 

Contracts,  book  of  to  keep  821. 

Duties  of  sUI-sir,. 

Financial   condition,   report  of  822. 

Financial  reports  to  make  821. 

Orders  and  warrants  on  treasurer  to  counter- 
sign Slil. 

Recommendations     to     council     concerning 

bonds  S21. 

Hank  mav  be  fiscal  agent   111!). 
Bath  horses,  public  794  (3S). 
P.irths.  registration  of  794  (58). 
Blacksmith    shops,    location    and    control    794 

( 54 ) . 

Breweries,   location  and  control  794  (54). 
Bridges,   viaducts  and   tunnels,   control   of  794 

(29). 

Board  of  health,  creation  and  duties  794  (56). 
Bodies  politic  and  corporate  77!). 
BONDS— 

Auditor  to  keep  list  of  SL'l . 

Issue,   restrictions  794  (5). 

Issue,    when    must    be   submitted   to   election 
794  (5). 

Of  municipal  officers  794  (82). 

Ill-funding    issue    794  (6). 
Buildings,   regulation  of  794  (62-64). 
Canvassing  board,   mayor  and  council  801. 
<  'ash  to  be  counted  784. 
Cemeteries,  control  over  794  (57). 
Cemeteries,  vacation  of  794  (57). 
Certificate  of  election,  clerk  to  issue  801. 
Certificate  of  incorporation,  filing  and  publica- 
tion 772. 

Chain-gang,  formation  of  799. 
CHIEF  OF   POLICE— 

Appointment  of  839. 

Assistant,  may  appoint  839. 

1*0! icemen,  may  appoint  839. 

Bowers  and  duties  839,  840. 
Children,    destitute,    care    and    education    794 

(60). 

City  attorney,  additional  counsel  820  (2). 
City  attorney,  qualifications  and  duties  820. 
City  clerk,  contracts  to  countersign  819. 
City  clerk,  duty  as  auditor  821-825. 
City  council,  powers  of  794. 
City  marshal,  powers  and  duty  839,  840. 
City  officer,  interference  with  794  (72). 
Cities    under    special    charter    may    organize 

under  general  act  869. 
Class,  judicial  notice  775. 
Classification  of  cities  773. 
Classification,  higher  attained  774. 


Cities 


INDEX 


2148 


CLERK— 

Certified  copies  of  records  818. 

Office  and  duties  818. 

To  keep  records  789,  793. 
Commissioners  of  election  769,  771. 
Commissioners  of  election,  compensation  771. 
Compensation  of  officer,  restrictions  814. 
Concealed  weapons,  regulations  794  (76). 
Condemnation  of  property  794  (85). 
Contests  of  election  787,  801  (3). 
CONTRACTS— 

Book  of,  open  to  inspection  821. 

Of,  void,  when  1819. 

Officer  not  to  be  interested  in  811,  812. 
Convicts  required  to  labor  799. 
Costs,  delinquent  tax  suit  999. 
COUNCIL— 

Control  manner  of  elections  801. 

Final  action,  when  deferred  791. 

Journal  of,  to  be  kept  789. 

May  employ  counsel  820  (2). 

Meetings,  general  and  special  788. 

Meetings,  public  789. 

Quorum  786. 

Rules,  may  adopt  787. 

Special  meeting,  restrictions  790. 

To  levy  tax  841. 

Yea  and  nay  vote  789. 
COUNCILMEN— 

Disorderly  conduct  of  787. 

Disqualified    from    office    created    or    salary 
increased  816. 

Expulsion  of  member  787. 

How  chosen  783. 

Number  of  781. 

Qualifications  782. 
County  jail  may  be  used  794  (77). 
Cruelty  to  animals,  prohibition  794  (70). 
Dangerous    riding    or    driving    or    disturbance 

upon  street,  penalty  6589. 
Dead,  burial  of,  regulation  794  (58). 
Deaths,  registration  of  794  (58). 
Debt  in  excessive  funds  unlawful  977. 
Decree  of  incorporation  769. 
Delinquent  tax  suit,  cost  999. 
Deputy  officers,  appointment  815. 
Disincorporation  of  871,  876. 
Disorderly  conduct  specified  794  (75). 
District   court,    appeal    from   municipal    court 

837. 
District  court,  to  act  in  incorporation  of  768, 

769. 

Disturbance  of  the  peace  794  (72,  75). 
Docket  of,  how  kept  835. 
Dog,  cock,  bull  or  prize  fights,  prevention  794 

(75). 

Dog  tax  794  (11). 
Duties  of  officers,  additional  817. 
Election,  contest  of  801  (3). 
Election  of  officers  769,  801,  802. 
Election  returns,  filing  and  canvassing  801. 
Electors,  who  are  801. 
Elevators,  control  of  794  (69). 
Embezzlement  under  fifty  dollars  794  (75). 
Emergency  tax  979. 
Eminent  domain  794  (85). 
Eminent   domain,    may   be   exercised   for   city 

uses  5606. 
Equalization  841. 
Explosives   and    combustibles,    control    of   794 

(67). 


False  pretenses  794  (75). 

Fighting  men  or  animals,  prohibition  794  (75). 

Financial  condition,  report  of  kept  on  file  822. 

FINES— 

And  forfeitures,  mayor  may  remit  784. 

And  forfeitures,  paid  into  city  treasury  797. 

And  penalties,  how  enforced  798. 

How  enforced  832. 

Paid  to  city  treasury  835. 

Firearms  and  fireworks,  discharge  of,  preven- 
tion 794  (75). 
Fire  department,  establishment  and  regulation 

of  794  (68). 

Fire  protection  794  (62-69). 
Floating-debt  tax  981. 
Foundries,  location  and  control  794  (54). 
FRANCHISES— 

For  furnishing  light  794  (36). 

For  public  utility  794  (30). 

For  what  may  be  granted  794  (84). 

Limitation  to  fifty  years  794  (84). 
Funds  of  not  to  be  used  for  sectarian  purposes 

362. 

General  revenue  laws  applicable  841. 
Hacks  and  other  public  vehicles,  regulation  of 

charges  794  (11). 

Health,  board  of,  creation  and  duties  794  (56). 
Health,  regulation  of  794  (56). 
Higher  class  attained  774. 
Home  rule  guaranteed  767. 
Hospitals,  establishment,  control,  maintenance 

794  (57). 

Hotel  runners,  regulation  of  794  (11). 
Houses  and  lots,  numbering  of  794  (79). 
Houses  of  correction  and  detention  794  (77). 
Imprisonment    under    ordinance,    mayor    may 

release  from  784. 
Improvements,  expense  of,  how  provided  844, 

868. 
INCORPORATION— 

Certificate  of  772. 

Judicial  notice  taken  772,  775. 

Proceedings  768. 

When  complete  772. 
Incorporated,   may  have  recorder's  court  316, 

324,  4853. 
Indebtedness   or   liability   to,   local   or  special 

law  releasing  invalid,  when  278. 
Indigent  dead,  burial  of  794  (59). 
Industries,  regulation  of,  within  and  without 

limits  794  (54). 

Inspection  of  light  and  power  plants  794  (37). 
Inspection  of  merchants  and  markets  794  (47, 

49). 

Interference  with  officers  794  (72). 
Intoxicating    liquors,    sale    of,    regulated    794 

(78). 

Jails  794  (77). 
Judicial  notice  of  class  775. 
Legislature   shall  provide   for   organization   of 

by   general   laws   and   restrict   their  powers 

except  for  procuring  water  345. 
License  taxes,  levy  and  collection  794  (8-10). 
License  taxes,   upon  what  may  be  levied  794 

(10-11). 
LICENSES— 

Mayor  to  sign  784. 

Paid  into  city  treasury  797. 

Regulations  794  (8). 

Terms  and  manner  of  issuance  794  (9). 

Upon  what  may  be  imposed  794  (10). 


2149 


INDEX 


Cities 


Lien,  taxes  are,  against  property  assessed  937. 

Liens,  foreclosure  of  833. 

Light  and  power,  inspection  of  794  (37). 

Liquors,  inspection  of  794  (52). 

Livery  stables,  location  and  control  794  (54). 

Lots,  sale  of,  without  plat  filed,  penalty  959. 

Lots,  what  constitutes  for  lien  22l4. 

Lumber    yards,    location    and    regulation    794 

(66). 

Malfeasance  or  misfeasance  in  office  SOS. 
Markets,  regulation  and  control  of  794  (46-48). 
May  make  grants  of  lands  to  railroads  3531, 

3532. 
MAYOR— 

Appointment  of  officers  803. 

Casting  votes  784. 

Duties  of  784. 

I  !<>w  chosen  783. 

May  call  on  governor  for  military  force  784. 

May  control  militia,  when '4058. 

Pro  tern  784. 

Qualifications  of  782. 
Maps  and  lots,  recording  of  965,  966. 
.Meetings,  general  and  special  788. 
Mill  privileges,  control  of  794  (40). 
Money,  payment  of,  conditions  784. 
Money,  power  to  borrow  794. 
Municipal    buildings    and    improvements,    how 

provided  for  846. 
MUNICIPAL  COURTS  830-838— 

Appeal  from  837. 

Contempts  of  835. 

Entitlement  of  pleadings,  process  and  papers 
830. 

Fines,  how  enforced  832. 

Jurisdiction  and  powers  832-835. 

Police  judge  to  preside  over  831. 

Practice  and  procedure  832. 

Warrants  run  to  whom  838. 
Name  779. 

Nuisance,   abatement   of  794  (53). 
Nuisances,  prevention  of  794  (18-31). 
OFFENSES— 

Against  the  city  794  (75). 

Punishment  for  794  (72). 

Within,  how  punished  834. 
Offensive,  unwholesome  or  nauseous  places  of 

establishment,  control  of  794  (55). 
Office,  creation  of  794  (83). 
OFFICER— 

Accepting  bribe,  penalty  812. 

Additional  bonds  807. 

Appointive,  removal  803,  804. 

Appointive,  term  804. 

Bonds  and  reports  794  (82). 

Bond  of  805,  806. 

Change  of  class  continued  778. 

Compensation  of,  restrictions  814. 

Contest  of  election  787. 

Contracts,  not  to  be  interested  in  811,  812. 

Deputies,  who  may  appoint  815. 

Duties,  additional  prescribed  817. 

Elections  of  769. 

Elective  802. 

Eligibility  810. 

Malfeasance  or  misfeasance  808. 

Oath  of  805. 

Powers  and  duties,  prescribed  794  (83). 

Refusing   information  to  examiner,   penalty 
983. 

Surrender  property  to  successor  809. 


Officer — continued. 

Term  of  802. 

To  hold  but  one  office  813. 

Vacancies,  how  filled  794  (S3). 

When  to  qualify  801. 
Opium,  control  of  794  (78). 
ORDINANCES— 

Elections  regulated  by  801. 

Evidence  of  T'.K',. 

Form  and   requisites  792,  793. 

For  public  improvements  847. 

I  I«>\v  enforced  834. 

How  passed  792,  793. 

Justice  of  peace  has  jurisdiction  of  violation 
88ft 

Powers  regulated  by  795. 

Previous  continued  777. 

Record  of  793. 

Regulating  payments  into  treasury  797. 

Relative  to  841,  843. 

Violation  of  punishment  798,  799. 
Organization,  how  effected  770. 
Parking  houses,  location  and  control  794  (54). 
Parks  and  public  grounds,  control  of  794  (12). 
Perpetual  succession  77!  >. 
Plat  of  land  by  private  owner,  provisions  for 

966-906. 

Plat  of  land,  vacation  of  960-964. 
Plumbing  trade,  regulation  of  794  (44). 
POLICE  JUDGE— 

Disqualification  of  836. 

Election  and  qualifications  831. 

Fines,  to  pay  to  city  treasurer  835. 

Justice  of  peace  may  act  for,  when  836. 

Reports  to  council  835. 
Policemen,  appointment  and  salaries  839. 
Powers,  general  779. 
Powers,  how  carried  out  795. 
Presenting  fraudulent  claims  for  audit  or  pay- 
ment 6715. 

Prize  fights,  prevention  of  794  (75). 
Process,  who  may  serve  800. 
Proclamation  of  class  774. 
Property  for  public  purposes  794  (80). 
Publication  of  certificate  772. 
Public  buildings,  provisions  for  794  (81). 
Public  conveyances,  regulation  of  charges  794. 

(11). 

Public  improvements,  advertisement  for  851. 
Public  improvements,  ordinance  for  846,  847. 
Public    improvements,    special    assessment    for 

846,  848. 

Public  libraries  794  (61). 
PUBLIC  UTILITY— 

Establishment  of  794  (5). 

Use  of  street,   alley  and  public  places  794 

(30). 
Public    utilities,    requirement    and    control    of 

794  (36-44). 
Public  utilities,   to  construct,  purchase,   lease 

and  maintain  794  (38,39). 
Railroads,  control  of  794  (30,  33). 
Registration  of  births  and  deaths  794  (58). 
Registration  of  electors  801. 
REVENUE  AND  TAXES  975-983— 

Collection,  manner  of  841. 

Equalization  841. 

General  revenue  laws,  applicable  841. 

Ordinances,  relative  to  841,  843. 

SPECIAL  ASSESSMENTS  844,  868 — 
Assessment  roll  853. 


Cities 


INDEX 


2150 


Revenue  and  taxes — continued. 
Basis  of  frontage  854. 
Lien  of  853. 
Report  of  assessor  855. 

Road  fund,  commissioners  to  apportion  842. 
Seal  770. 

Secretary  of  state,   certification  of  incorpora- 
tion filed  with  772. 
Self-government  767. 
Sewers,  control  of  794  (44). 
Sidewalks,  control  of  794  (12-27). 
Slaughterhouses,  location  and  control  794  (54). 
Soap  factories,  location  and  control  794  (54). 
State  not  to  assume  debt  of  city  unless  created 

for  public  defense  351. 

Stockholders,   city   not   to   become   in   any   cor- 
poration except  railroad  company  347. 
SPECIAL  ASSESSMENT  844-868—^ 

Assessment  roll  853. 

Basis  of  frontage  854. 

Corrections  in  859. 

Council  to  determine  857. 

Division  of  land  after  approval,  apportion- 
ment 863. 

Due  when  862. 

Form  of  report  of  assessor  855. 

How  enforced  867,  868. 

Improvement  on  single  lot  856. 

Insufficient,  city  to  pay  deficit  864. 

Invalid,  new  ordered,  payment  on  865,  866. 

Irregularities,  how  remedied  868. 

Lien  of  853. 

Lien  on  property  861. 

Notice  of,  form,  publication  858. 

Objections  to  858. 

Report  of  assessor  855. 

Roll  evidence  of  regularity  860,  867. 
Special  funds,  how  kept  829. 
Special  meeting,  business  limited  788. 
Special  tax  for,  basis  of  3620,  3637. 
Stationary    engineers,    license    and    control    of 

794  (69). 

Steam  boilers,  inspection  of  794  (69). 
Street  improvement,  expense  of,  how  provided 

844. 
Streets  and  highways,  right  of  eminent  domain 

5625. 
Streets,  alleys  and  public  places,  dedication  of 

958. 

Streets  and  alleys,  control  of  794  (12-37). 
Streets  and  alleys,  franchise,  may  use  2129. 
Streets,    •  vagrants     and     disorderly     persons 

woVked  on  794  (74). 
Suspension  of  appointive  officer  784. 
Tanneries,  location  and  control  794  (54). 
Taxes,  how  enforced  833. 
Taxes,  levy  and  collection  794  (4). 
Taxes,  lien  against  property  assessed  937. 
Taxes,  to  be  included  in  suit  and  judgment  for 

delinquent  taxes  878. 
Taxation  and   revenue,   collection,   manner  of, 

841-868. 

Taxing  districts  794  (7). 
Tax  rate  limited  975,  976. 
TREASURER— 

Bond  of  805. 

Duties  of  823-829. 

Money,  how  kept  827. 

Money,  how  paid  out  824,  825. 

Receipts  to  give  826. 

Report  to  council  828. 


Treasurer — continued. 

Settlement  with  clerk  or  auditor  823,  826. 

Special  fund  to  keep  separate  829. 
Vacancies,  how  filled  785. 
Vagrants  and  disorderly  persons,  punishments 

794  (73,  74,  75). 
Vested  rights  continued  776. 
Veto  power  of  mayor  784. 
Warrants,  how  paid  825. 
Warrants,  mayor  to  sign  784. 
Wards,  boundaries  and  population  780. 
Wards,  division  into  780. 
Water  rates  794  (42). 
Water,  supply  of.  procured  794  (5). 
Water-works,  control  of  794  (38,  39). 
Water-works  outside  the  city  794  (39-44). 
Weights  and  measures  794  (50,  51). 
Work  houses  794  (77). 

Citizen  of  United  States,  lands  of,  in  this 
state  not  to  be  taxed  higher  than  lands 
of  resident  228. 

Male,  right  of  suffrage  or  office  holding  not 
to  be  withheld  from,  by  reason  of  color 
or  previous  condition  of  servitude  411. 
Citizens,  defined,  rights  of  guaranteed  160, 185. 

Of  different  states,  when  jurisdiction  in  fed- 
eral courts  (II.  8.  Const.)  154. 

Of  one  state  cannot  sue  another  state  (U.  S. 
Const.)  181. 

When  lost  records  regarding  naturalization 

may  be  restored  5640. 
Citizenship.     See  Naturalization. 

In  proceedings  to  restore  lost  records  relat- 
ing to,  citation  unnecessary  5(>42. 

Procedure  to  acquire  2oO(>-2544. 

Proof  of  under  mining  laws  2379. 
City,  action  against  on  rejected  claim  must  be 
commenced  within  one  year  after  rejec- 
tion thereof  41)67. 

As  a  party  to  action,  when  not  required  to 
give  bond  or  undertaking  5487. 

Funds  not  to  be  used  for  sectarian  pur- 
poses 362. 

Incorporated  under  laws  of  Territory  of 
Nevada,  action  by  or  against,  trustees  to 
prosecute  or  defend  on  disincorporation 
971. 

Indebtedness  or  liability  to,  local  or  special 
law  releasing,  invalid  (Nev.  Const,  art.  iv, 
sec.  20)  278. 

Lots  or  property,  leases  of  for  longer  than 
twenty  years  forbidden  1092. 

May  have  contract  declared  void  if  public 
officer  interested  2829. 

Need  not  give  undertaking  on  appeal  5346. 

Property  within  limits,  how  listed  for  taxes 
3633. 

Recorders  may  receive  fees  325. 
City  superintendent  of   schools   3305,  3312, 

3315.     See  Public  Schools. 
Civil  action.     See  Civil  Practice. 

Court  fee  to  be  advanced,  when,  in  (Nev. 
Const.)  331,  2030. 

Jury,  maybe  waived  in,  three-fourths  may 
agree  on  verdict  (Nev.  Const.)  232. 

One  form  to  be  for  law  and  equity  329. 

Trial  by  jury  secured  but  may  be  waived  232. 
Civil  arrest   5087-5113.     See  Arrest   in  Civil 
Action . 

Forbidden  on  election  day  (Nev.  Const. )  25.') 


2151 


INDEX 


Civil  practice 


Civil  arrests— continued. 

Member  of  legislature  exempt  from,  when 

(Nev.  Const.)  L'69. 

Membersof  militia,  when  exempt  from 4081. 
Civil    cases,  legislature   by   two-thirds    vote 

may  require  unanimous  verdict  '2:\'2. 
Civil  law,  controls  in  computing  degrees  of 

kindred  in  matters  of  estates  (U19. 
Civil  officers.     See  Officers  Generally. 
Disqualifications  for  267,  _!i>s. 
(iovernor   to  transact   executive   business 
with,  may  require  information  from  2W. 
Impeachment  of  0875-<>s<»3. 
May  control  militia,  when  i's:;!»,  2840,  3982, 

4058. 

Removal  otherwise  than  by  impeachment 
337.  6S«>4-<>907.     See Criininal  Practice. 

CIVIL  PRACTICE 

Abandonment,     child     abandoned     may     be 

adopted  without  consent  of  parent  5831. 
Consent  of  parent  adjudged  guilty  of,  when 

not  necessary  on  adoption  of  child  5828. 
Abatement,  action  does  not   abate  by  death. 

disability  or  assignment,  when  5o<i|. 
Abatement  of  nuisance,  action  for  by  county 

commissioners  1562. 
In  unincorporated  town  (.M!».  DIM. 
In  unincorporated  town,  action  for  recov- 
ery of  ex i tenses  921. 
Judgment,  damages  5504. 
Within    county,    commissioners    to    order, 

district  attorney  to  brim:  action   15»ii!. 
Abbreviations,  permissible  in  court   proceed- 
ings 4885. 
Absence  of  attorney,  any  questions  may  be 

heard  on  law  day  in  district  court.  D.  C. 

rule  v.  p.  1426. 
Of  .jnsticeof  the  peace,  another  mayattend 

in  his  behalf  5X11. 
Abstract  of  judgment  in  justice's  court,  filed 

in   recorder's  ollice  creates  lien  on   land 

5782. 
In    justice's    court    may    be   obtained    and 

entered   in  docket   of  district  court  and 

execution  issued  to  other  counties  5779, 

57X0.  r,781. 

Abstract  of  testimony  in  statement  on  appeal, 

when  must  be  tiled  in  supreme  court  5333. 

Abstract  of  title  inactions  for  partition,  how 

made,  verified  and  corrected  5545. 
In  actions   for  partition,   when   notice  of 

must  be  tiled  5544. 
Account,  copy  of  as  complaint   in  justice's 

court  5736. 
Copy   of   may   be  ordered   delivered   and 

filed  5068. 

Court  may  hear  evidence  or  order  refer- 
ence after  default  5230. 
Of  securities  and  investments  in  action  for 

partition  to  be  kept  for   inspection  by 

clerk  5569. 
Open    for   goods,    wares   or    merchandise, 

nction  may  be  brought  upon  within  four 

years  4967. 
Store,  action  for  any  article  charged  may 

be  brought  within  four  years  4967. 
When  inspection  and  copy  may  be  ordered 

in  action  in  justice's  court  5769. 
When  statute  of  limitations  begins  to  run 

from  last  item  4969. 


Accounts,    contents    of    numerous    may    be 

proved  541 7. 

Accounting,  action  for  when  adverse  claim 
made  5479. 

Reference  may  be  ordered  5229,  5231. 
Acknowledgment  by  father,  illegitimate  child 
becomes  legitimate  from  birth  5X33. 

I'.y  party  making  mark  must  have  two 
witnesses  5475. 

Certificate  of.  to  have  court  seal  affixed 
4879, 

May  be  taken  by  judges  and  clerks  of 
supreme  court  and  district  court  4883. 

Must  be  in  writing  to  prevent  bar  by  stat- 
ute of  limitations  4!>,s.~>. 

Of  consent  to  adoption  of  children,  how 
made  5X31. 

Of  satisfaction  of  judgment  r.1'7'.*. 
"Action."    when    things    in    are    included    in 

words  "personal  proper! v"  and  "property" 

5475. 

Actions,   additional    parties  may   be  brought 
in  500X. 

Adverse  for  mining  claim  on  application 
for  patent,  what  necessary  to  be  shown 
552G. 

Affecting  real  property,  where  t  ried.  change 
of  venue  501 1. 

Affidavit  of  payment  of  taxes  on  foreclos- 
ure of  mortgage  or  lien  375(5. 

Against  assessor  for  failure  to  assess  prop- 
erty 3625. 

Against  assessor  for  underassessing  or 
failure  to  assess  land  3X3!),  3S|o. 

Against  bank  examiner  for  taking  posses- 
sion of  closed  bank  675. 

Airainst  bankrupt,  time  wit  bin  which  must 
be  brought  against  trustee  55:5. 

Against,  bvor  between  counties  1508,1513, 
1528. 

Against  county,  city  or  town  on  rejected 
claim  must  be  commenced  within  one 
year  after  rejection  thereof  4967. 

Against  county,  if  taxpayer  files  objection 
to  claim,  commissioners  to  wait  10  days 
to  permit  institution  of  proceedings  to 
determine  validity  1521. 

Against  county,  not  to  be  brought  until 
claim  is  first  presented  to  commissioners 
and  auditor,  costs  when  recoverable  1523. 

Against  county  recorder  for  entering  satis- 
faction of  mortgage  without  affidavit 
that  taxes  are  paid  3755. 

Against  county  treasurer  for  failure  to 
settle  with  auditor  for  taxes  3650. 

Against  estate  of  deceased  person,  costs 
not  recoverable  unless  more  recovered 
than  allowed  on  claim  5973. 

Against  estate  of  deceased  person,  judg- 
ment becomes  approved  claim,  execution 
not  to  issue  5974. 

Against  estate  of  deceased  person  not  to 
be  maintained  unless  claim  has  been 
filed  5972. 

Against  estate  of  deceased  person,  when 
executor  or  administrator  liable  for 
costs  597(5. 

Against  executor  or  administrator  on  claim 
to  be  brought  within  30  days  after  notice 
of  rejection  5968. 

Against  foreign  corporation  for  doing  busi- 
ness without  filing  certificate  1350. 


Civil  practice 


INDEX 


2152 


Actions — continued. 

Against  joint  defendants,  liability  if  only 

part  served  5031. 
Against    officer    for    escape    of    prisoner 

arrested  on  civil  process  maybe  brought 

within  2  years  4967. 
Against  officer  for  seizure  of  property  may 

be  commenced  within  one  year  4967. 
Against  partnership,  only  general  partners 

to  be  parties,  exception  2907. 
Against  party  failing  to  fence  dangerous 

excavation  3235,  3237. 
Against    railroad    company    for    baggage, 

evidence  3553. 
Against  sheriff,  coroner  or  constable  upon 

liability  incurred  by  official  conduct  may 

be  commenced  within  2  years  4967. 
Against  sheriff  and  sureties  for  failure  to 

pay  over  money  1652. 
Against  sheriff  for  official  acts,  notice  to 

sureties  4957,  5242. 
Against  sureties  on  bond  of  guardian,  time 

within  which  may  be  brought  6185. 
Against  sureties  under  guardian's  bond  to 

be  commenced  within  3  years  6185. 
Against  the  state  for  services  or  advances 

authorized  by  law  5653-5655. 
Against  the  state  for  services  or  advances 

authorized  by  law,  attorney-general  to 

defend,  controller  to  produce  evidence 

and  may  appeal  5654. 
And  proceedings  for  dissolution  of  corpo- 
ration, appointment  of  receiver,  powers 

1194-1199. 
Answer,  schedule  of  sections  relating  to 

5046. 

Appeal  from  justice's  court,  power  of  dis- 
trict  court,    dismissal,    damages,    costs, 

judgment  5794. 
Appeal  not  deemed  perfected  until  court 

fees  paid  2031. 

Arbitration,  schedule  of  sections  5255. 
Arising     in     another     state     or     foreign 

country,  limitation  4947. 
Arrest  and  bail,  schedule  of  sections  5087. 
Arrest  in,  discharge  from,  schedule  of  sec- 
tions 5114. 
At  common  law  in  United  States  courts, 

right  of  trial  by  jury  (U.  S.  Const.)  177. 
At  law,  when  district  court  has  jurisdic- 
tion (Nev.  Const,  art.  vi,  sec.  6)  321. 
At  law,  when  supreme  court  has  appellate 

jurisdiction  (Nev.  Const,  art.  vi,  sec.  4) 

319. 
Attachment  and  execution  may  be  levied 

upon  mortgaged  personal  property,  in- 
cluding growing  crops  1080. 
Attachment  or  execution  not  to  be  levied 

to  enforce  claim  against  bank  in  hands 

of  bank  examiner  671. 
Attachment,  schedule  of  sections  relating 

to  5147. 
Attorney,    fee    in    action    for    herding   or 

grazing  live  stock  on  lands  of  another 

2336. 
Attorney  in  case  not  entitled  to  fees  as 

witness  2038. 
Authority,  change,   death  or  removal   of 

attorney  507,  510. 
Before  justice  of  the  peace  to  set  aside 

covenants  of  apprenticeship  493. 


Actions — continued. 

Begun  anew  in  proceedings  under  eminent 
domain  where  defendant's  title  defect- 
ive 5618. 

Bringing  or  instigating  false  to  harass  is 
misdemeanor  6366. 

By,  against  or  between  counties  5013. 

By  city  for  recovery  of  special  assessment 
867. 

By  city  on  irregular  special  assessment, 
court  may  nevertheless  render  judg- 
ment 868. 

By  county  against  person  for  support  of 
poor  kindred  2916,  2917. 

By  county  commissioners  for  abatement 
of  nuisance  1562. 

By  county  for  relief  furnished  indigent  of 
another  county  2922. 

By  county  treasurer  against  district  attor- 
ney for  failure  to  pay  over  moneys  1601. 

By  husband  or  wife  against  other,  both 
may  testify  5424. 

By  mandamus  or  injunction  to  enforce 
order  of  public  service  commission  4545. 

By  mining  company  or  majority  owners 
against  minority  owners  for  expendi- 
tures 2476-2482. 

By  or  against  bankrupt  553. 

By  or  against  city  or  town  incorporated 
under  laws  of  Territory  of  Nevada,  trus- 
tees to  prosecute  or  defend  on  disin- 
corporation  971. 

By  or  against  county,  district  attorney  to 
prosecute  or  defend  1598. 

By  or  against  executor,  not  necessary  to 
join  as  parties  those  who  are  not  quali- 
fied 6027. 

By  or  against  married  woman  when  hus- 
band must  be  joined  4989. 

By  or  against  public  service  commission, 
attorney-general  to  be  counsel  4544. 

By  or  against  state,  municipality  or  pub- 
lic officer,  when  undertaking  not  re- 
quired 5487. 

By  or  against  state  or  county,  district 
attorney  or  partner  not  to  appear  1610. 

By  party  injured  underact  fixing  standard 
weights  and  measures  4812. 

By  railroad  commission  against  railroad 
company  to  enforce  penalty  for  failure 
to  obey  summons,  order  or  subpena  for 
production  of  books,  papers  or  accounts 
4566. 

By  railroad  company  against  railroad  com- 
mission to  set  aside  order  fixing  rates, 
procedure,  injunction,  trial,  judgment, 
appeal,  burden  of  proof  4564. 

By  state,  subject  to  statute  of  limitations 
4971. 

By  state,  when  pleadings  need  not  be  veri- 
fied 5064. 

By  surety  to  compel  one  to  pay  debt  due 
another  5479. 

By  woodchopper  on  lien  to  be  brought 
within  60  days  after  taking  possession 
2230. 

Cause  of  action  subject  to  lien  for  attor- 
ney's fees  5376. 

Claim  and  delivery,  schedule  5124. 

Clerk  to  disburse  money  paid  for  board- 
ing and  lodging  jurors  2035. 


2153 


INDEX 


Civil  practice 


Actions — continued. 

Clerk's  fees  in  counties  polling  over  800 
votes  2007. 

Clark's  fees  when  not  over  800  voiv-  in 
county  l!)!»n. 

Commenced  before  repeal  of  law  by  civil 
practice  act  not  affected  by  such  repeal 
5818. 

Commenced  with  intent  to  defraud  credit- 
ors void  1083. 

Complaint  in.  what  to  contain  5083. 

Constable's  fees  in  counties  polling  over 
800  votes  2011. 

Constable's  fees  in  counties  polling  800 
votes  or  less  1990. 

Contesting  election,  delays  in  obtaining 
evidence  not  to  cause  contest  to  fail 
1894. 

Contesting  election  for  any  public  otlice. 
may  be  brought  by  district  attorney 
when  any  person  unlawfully  holds  1814. 

Contesting  election  for  county  or  township 
ollice.  clerk  of  board  of  county  commis- 
sioners to  issue  certificate  in  accordance 
with  judgment  1810. 

Contesting  election  for  county  or  township 
otlice,  fees  of  clerk,  sheriff  and  witnesses 
same  as  in  district  court  1811. 

Contesting  election  for  comity  or  township 
office,  if  judgment  annuls  election  and 
no  appeal  taken  within  thirty  days  cer- 
tificate becomes  void  1812. 

Contesting  election  for  county  or  township 
offices,  issuance  and  service  of  subpenas, 
attachment  to  compel  attendance  of  wit- 
nesses 1809. 

Contesting  election  for  county  or  township 
office,  statement  or  complaint  filing,  fix- 
ing time  of  hearing,  notice  and  service 

I  M  -S. 

Contesting  election  for  district  judge  tri- 
able in  adjoining  district  court  in  like 
manner  as  contest  for  county  or  town- 
ship office  1813. 

Contesting  election  for  member  of  the 
legislature,  either  party  may  take  depo- 
sitions under  rules  of  district  court,  for- 
warding to  secretary  of  state,  delivery 
to  presiding  officer  1822. 

Contesting  election  for  member  of  the 
legislature,  how  started  and  conducted, 
service  of  notice,  depositions,  how  taken 
and  transmitted  1818-1820. 

Contesting  election  for  member  of  the 
legislature,  presiding  officer  to  notify 
members  of  receipt  of  depositions  and 
papers  1821. 

Contesting  election  of  member  of  the  legis- 
lature, justice  of  the  peace  may  issue 
subpenas  for  taking  depositions,  witness 
may  be  attached  and  fined,  certification 
of  testimony  to  county  clerk  1819. 

Contesting  election  of  member  or  the  legis- 
lature, secretary  of  state  to  receive 
depositions  and  papers  and  deliver  to 
presiding  officer  1818-1820. 

Contesting  election  of  state  officer,  attor- 
ney-general to  prosecute,  supreme  court 
has  original  jurisdiction,  justice  may 
issue  process  1823. 


Actions — continued. 
Contesting  election,  one  may  be  brought 

against  several  persons  claiming  same 

otlice  1817. 
Contesting  election  of  state  officer,   who 

may  contest,  how  prosecuted  1823. 
Contesting  election,  successful  contestant 

may  recover  damages  1816. 
Contesting  election,  when  district  attorney 

may  have  person  arrested  for  receiving 

fees,  bail  1815. 

Controversy  may  be  submitted  and  deter- 
mined without  5252. 
County  commissioners  may  remove  county 

treasurer    when   action   commenced   on 

his  bond    K'.sr,. 

Court  fee  on  appeal  to  supreme  court  2032. 
Court  fee  to  be  paid  on  appeal  frtom  jus- 
tice's court  2031. 
Defense  by  written  instrument,  when  not 

deemed  denied  5063. 
Demurrer  to  answer,  schedule  of  sections 

5088. 
Depositions  of  parties  to  may  be  taken 

r»4ri4. 
Depositions   taken   out   of  state,   schedule 

of  sections  .~»ir>s. 
Different  actions   may  be  maintained  on 

guardian's  bond,  parties  6184. 
Disability   does   not   prevent    running   of 

statute   unless    it   existed   at   the   time 

right  of  action  accrued  4982. 
Dismissal  of  for  failure  of  nonresident  or 

foreign  corporation  to  give  security  for 

costs  r»:;jn. 

District  court  may  authorize  by  nonresi- 
dent guardian  for  recovery  of  property 

for  ward  (5200. 
Divorce,  trial  of  fact  by  jury,  either  party 

entitled  to  5485. 
Do   not   abate   by  death   or  disability   if 

cause  survive  5004. 

Exceptions,  schedule  of  sections  5315. 
Execution  in  justice's  court,  schedule  of 

sections  5783. 
Fees  of  attorney  in  action  for  damages 

for   herding   or   grazing   live   stock   on 

lands  of  another  2336. 
Fees  of  clerk  of  supreme  court  2006. 
Fees  of  constable  when  not  over  800  votes 

in  county  1999. 
Fees  of  constable  when  over  800  votes  in 

county  2011. 
Fees  of  justice  of  the  peace  when  not  over 

800  votes  in  county  2003. 
Fees  of  justice  of  peace  in  counties  polling 

over  800  votes  2015. 
Fees  of  sheriff  when  not  over  800  votes  in 

county  1997. 
Fees  of  sheriff  when  over  800  votes  in 

county  2009. 

Fees  paid  juror  to  be  deducted  from  bal- 
ance due  him  from  county  2013. 
Fees,  sheriff,  constable  or  coroner  serving 

more  than  one  paper  in  same  case,  re- 
quiring  only   one   journey,    entitled   to 

only  one  mileage  2037. 
Fees  to  be  entered  in  book  under  title  of 

proceeding  and  open  to  inspection  2020. 
For  abatement  of  nuisance  in  county  to 

be  brought  by  district  attorney  1562. 


Civil  practice 


INDEX 


2154 


Actions — continued. 

For  abatement  of  nuisance,  judgment, 
damages  5504. 

For  abuse  of  apprentice,  fees  of  witnesses 
and  jurors  494. 

For  abuse  of  apprentice,  verdict,  judg- 
ment, execution,  costs  402. 

For  accounting  when  adverse  claim  made 
5479. 

For  annulment  of  marriage  2357. 

For  claim  and  delivery,  concealed  prop- 
erty may  be  taken  by  force  5132. 

For  claim  and  delivery  in  justice's  court 
5124,  5135,  5753. 

For  claim  and  delivery  of  personal  prop- 
erty 5124. 

For  claim  and  delivery,  requirements,  affi- 
davit 5125. 

For  col  lection  of  municipal  taxes  or  assess- 
ments, -jurisdiction  of  municipal  court 
833. 

For  collection  of  taxes  not  exceeding  $300, 
justice's  court  has  jurisdiction  5714. 

For  collection  of  taxes  to  include  city 
taxes  878. 

For  condemnation,  for  mining  purposes,  of 
improvements  on  lands  sold  by  the  state 
2456. 

For  condemnation  of  land  for  mines  2459. 

For  county  or  township  office,  jurisdiction 
in  district  court  1806. 

For  county  or  township  office,  when  not 
to  be  dismissed  for  want  of  form  in  pro- 
ceedings 1807. 

For  cutting  or  injuring  trees,  treble  dam- 
ages 5506. 

For  damages  against  common  carrier,  mill 
or  mine  operator  for  death  or  injury  of 
employees  5650. 

For  damages  for  death  or  personal  injury, 
common  carrier,  mill  or  mine  operator 
liable  for  gross  negligence  notwithstand- 
ing slight  negligence  of  employee  5651. 

For  damages  may  be  brought  within  one 
year  after  ouster  in  quo  warranto  of 
director  of  corporation  5669. 

For  death  by  wrongful  act  5647,  5648. 

For  death  by  wrongful  act,  jury  may  give 
pecuniary  and  exemplary  damages  5648. 

For  death  by  wrongful  act  to  be  brought 
in  name  of  representative  of  deceased 
person  5648. 

For  death  or  injury  to  minor  4996. 

For  death  or  personal  injury,  contract  of 
insurance,  indemnity  or  relief  benefit 
will  not  bar  recovery  for  injury  tcr 
employee  5652. 

For  delinquent  taxes,  costs  and  penalty 
to  be  included  in  complaint,  summons 
and  judgment  3660. 

For  delinquent  taxes,  costs  not  to  be 
charged  against  city  or  town  999. 

For  delinquent  taxes,  deed  derived  from 
sale  of  real  property  conclusive  evidence 
of  title,  possession  recoverable  in  jus- 
tice's court  3666. 

For  delinquent  taxes,  delinquent  list  or 
certified  copy  is  evidence  of  matters 
stated  3658. 

For  delinquent  taxes  exceeding  $300  to 
be  brought  by  district  attorney  3659. 


Actions — continued. 

For  delinquent  taxes,  fee  of  district  attor- 
ney 3677. 

For  delinquent  taxes,  fees  of  officers  and 
costs,  how  taxed,  when  payable  3673. 

For  delinquent  taxes,  form  of  complaint 
3661. 

For  delinquent  taxes,  judgment  and  how 
entered,  costs  and  penalties  to  be  in- 
cluded, is  lien  on  same  and  other  prop- 
erty, default,  redemption  money,  how 
paid,  receipt  of  district  attorney,  evi- 
dence, execution  3665. 

For  delinquent  taxes,  money  from  redemp- 
tion and  from  rental  or  sale  of  prop- 
erty bid  in  by  county  treasurer,  how 
distributed,  no  fees  from  county  3671. 

For  delinquent  taxes,  more  certain  descrip- 
.  tion  may  be  included  in  summons  and 
complaint  and  proved  3662. 

For  delinquent  taxes,  officer  selling  to 
embrace  in  one  certificate  of  sale  all 
property  bid  in  by  county  treasurer, 
recording  3669. 

For  delinquent  taxes  on  proceeds  of  mines, 
district  attorney  to  begin,  when  and 
where,  damages,  penalties,  form  of  com- 
plaint, answer  3707-3709. 

For  delinquent  taxes,  only  smallest  por- 
tion of  property  that  will  pay  judgment 
and  costs  to  be  sold,  redemption,  how 
made  36<;<>. 

For  delinquent  taxes,  summons,  what  to 
contain  and  require,  publication,  post- 
ing and  filing  notice,  fees  3663. 

For  delinquent  taxes,  treasurer  to  buy  in 
property  if  no  other  bidders,  when 
county  commissioners  may  order  re- 
demption 30()7. 

For  delinquent  taxes,  what  answer  may 
set  up  3664. 

For  delinquent  taxes,  when  and  where 
begun,  jurisdiction  3659. 

For  delinquent  taxes,  when  judgment  and 
execution  to  contain  more  certain  de- 
scription than  included  in  assessment 
roll  3662. 

For  delinquent  taxes,  when  process  may 
be  served  upon  executor,  administrator, 
father,  mother  or  guardian  of  minor  or 
insane  person  3666. 

For  disincorporation  of  city  in  district 
court  872.  873. 

For  disincorporation  of  city,  notice  and 
presentation  of  claims  872,  873. 

For  divorce,  court  may  direct  trial  of 
issue  of  fact  to  be  private  4863. 

For  divorce,  schedule  of  sections  relating 
to  5838. 

For  enforcement  of  mechanic's  lien  where 
amount,  exclusive  of  interest,  does  not 
exceed  $300.  justice's  court  does  not 
have  jurisdiction  5714. 

For  equitable  relief  when  adverse  claim 
made  5479. 

For  forcible  entry  and  unlawful  detainer, 
district  court  has  jurisdiction  (Nev. 
Const,  art.  vi,  sec.  6)  321. 

For  forcible  entry  or  unlawful  detainer, 
continuance,  when  may  be  had  and  for 
how  long,  bond  5597. 


2155 


INDEX 


Civil  practice 


Actions — continued. 

For  forcible  entry  or  unlawful  detainer, 
appeal,  undertaking,  stay  5(>(>1. 

For  forcible  entry  or  unlawful  detainer, 
district  court  has  jurisdiction  4M<>. 

For  forcible  entry  or  unlawful  detainer, 
form  of  writ  of  restitution  5< ;<)5. 

Fur   forcible  entry  or  unlawful  detainer, 
judgment,  restitution,  rent,  treble  dam 
ages,  stay  of  execution,  when  tenant  may 
remain     in    possession    on    payment    of 
judgment  551 »!  >. 

Fur  forcible  entry  or  unlawful  detainer. 
matter  of  excuse,  just  ilication  or  avoid- 
ance may  bo  given  in  evidence  5602. 

For  forcible  entry  or  unlawful  detainer. 
no  continuance  when  admission  that  evi- 
dence would  be  given  55!>x. 

For  forcible  entry  or  unlawful  detainer, 
other  provisions  relative  to  civil  actions, 
appeals  and  new  trials  applicable  5(lo:',. 

For  forcible  entry  or  unlawful  detainer, 
pleadings  to  be  verified  5UOO. 

Fur  forcible  entry  or  unlawful  detainer, 
schedule  of  sect  inns  55X5. 

For  forcible  entry  or  unlawful  detainer, 
when  not  to  quash  proceedings  for  want 

of  form  r>»;oi_>. 

For  foreclosure  of  mortgage  or  lien,  affi- 
davit of  payment  of  taxes  to  he  an  ached 
to  complaint  3756. 

For  improper  working  of  mine,  damages, 
how  assessed  55<  i'.». 

For  libel,  slander,  assault,  battery,  false 
imprisonment  or  seduction  may  be 
brought  within  L'  years  41)67. 

For  libel,  truth  may  be  given  in  evidence 
I  Nov.  Const,  art  i.  sec.  !»»  23S. 

For  lien  to  mechanics,  materialmen  and 
others  2222-222X. 

Fur  mines  and  recovery  of  ore,  injunction, 
notice  to  intending  purchaser  LMsii. 

For  money  paid  tax  collector  under  pro- 
test may  be  commenced  within  one  vear 
4967. 

For  partition,  all  rights  may  be  deter- 
mined, proof,  judgment  5634. 

For  partition,  answer,  what  to  contain 
5533. 

For  partition,  apportionment  of  expense 
previously  incurred  by  cotenant  5543. 

For  partition,  conveyances  must  be  re- 
corded and  are  bar  against  parties  5565. 

For  partition,  costs  of  lien  on  shares  of 
parceners,  specification  in  judgment 
5574. 

For  partition,  court  may  appoint  single 
referee  on  consent  of  parties  5575. 

For  partition,  court  may  fix  time  for  divi- 
sion of  mining  claims  5577. 

For  partition,  court  may  order  referee  to 
divide  mining  claims  557(5. 

For  partition,  court  must  direct  terms  of 
sale  or  credit,  may  direct  investment  of 
purchase  money,  when  5554. 

For  partition,  court  must  secure  value  of 
future  interests  5559. 

For  partition,  disposition  of  proceeds 
belonging  to  unknown  owners  5566,  5567. 

For  partition,  division,  how  to  be  made 
by  referees  5578,  5579. 


Actions — continued. 
For  partition,  duties  of  clerk  concerning 

investments  55<>;>. 

For  partition,  estate  for  life  or  years,  how 
set  off  554S. 

For  partition,  expenses  of  referees  to  be 
apportioned  among  parties  5583. 

For  partition,  further  pleading  and  testi- 
mony before  court  or  referee  may  be 
had  after  sale  5552. 

For  partition,  how  abstract  of  title  made, 
verified  and  corrected  5545. 

For  partition,  how  referees  may  divide 
property  55:',!>. 

For  partition,  if  sale  confirmed,  convey- 
ance must  be  executed,  order  for  dis- 
position of  proceeds  55<»:{. 

For  partition,  interest  allowed  on  dis- 
bursements, when  55  |r>. 

For  partition,  judgment  does  not  affect 
tenant  for  less  than  ten  years  55 ll'. 

For  partition,  lien  claimant  may  be  re- 
quired to  first  exhaust  other  securities 
5550. 

For  partition,  lien  on  individual"  interest, 
charge  on  owner's  part  5517. 

For  partition,  liennolders  not  of  record 
need  not  be  made  parlies  551*1). 

For  partition,  lienholders  to  be  made 
parties  or  referee  to  be  appointed  to 
determine  regarding  liens  55.",<'>. 

For  partition,  lieiiholdors  to  be  notified  to 
appear  before  referee  5537. 

For  partition,  marking  off  of  part  to  party 
accepting  smallest  portion  of  mining 
claim  55X0. 

For  partition,  of  mining  claim,  remainder 
of  bids  after  first  bidder,  how  marked 
off  55S1. 

For  partition,  plaintiff  must  file  lis  pend- 
ens.  deemed  nof  ice  to  all  persons  5530. 

For  partition,  plaintiff  to  produce  certifi- 
cate of  recorder  showing  no  liens  5535. 

For  partition,  proceeding  if  lienholder 
becomes  purchaser  5564. 

For  partition,  proceeds  of  sale,  how  dis- 
tributed 5551,  5552. 

For  partition,  proceeds  of  sale  of  encum- 
bered property,  how  applied  5549. 

For  partition,  referees  may  take  securities 
for  purchase  money  on  sale  5555. 

For  partition,  referees  must  make  report 
of  sale  to  court  5562. 

For  partition,  report  of  referees,  what  to 
be  returned  with  5582. 

For  partition,  sales  by  referee,  how  made 
5553. 

For  partition,  schedule  of  sections  5527. 

For  partition,  securities  taken  by  referees 
to  be  in  name  of  parties  when  ascer- 
tained by  agreement  or  order  of  court 
5568. 

For  partition,  share  of  infant  paid  to 
guardian  5571. 

For  partition,  share  of  insane  person  to  be 
received  by  guardian  5572. 

For  partition,  summons  to  be  directed  to 
all  parties  interested  5531. 

For  partition,  tenants  whose  estate  is  so1 1 
to  receive  compensation  5556,  555;. 


Civil  practice 


INDEX 


2156 


Actions — continued. 

For  partition,  terms  and  manner  of  sale 
must  be  made  known  and  distinct  lots 
must  be  sold  separately  5560. 

For  partition,  unknown  parties  served  by 
publication  5532. 

For  partition,  unknown  tenants  to  be  pro- 
tected 5558. 

For  partition,  what  complaint  to  set  forth 
5528. 

For  partition,  when  cost  of  abstract  of 
title  allowed,  notice,  abstract  must  be 
filed  5544. 

For  partition,  when  court  may  order  sale 
or  appoint  referees  5538. 

For  partition,  when  unequal  partition, 
compensation  to  equalize  5570. 

For  partition,  who  may  bring,  partial  par- 
tition 5527. 

For  partition,  who  may  not  be  purchasers 
5561. 

For  penalty  against  foreign  corporation 
for  failure  to  file  annual  statement  1354. 

For  percentage  of  receipts  and  forfeiture 
of  franchise  of  toll  road  3757. 

For  personal  injuries  5649. 

For  personal  injuries,  schedule  of  sections 
5649. 

For  personal  property  or  injury  thereto 
maybe  commenced  within  3  years, when 
exception  in  regard  to  live  stock  4967. 

For  possession  of  land  unlawfully  obtained 
or  withheld,  justice's  court  has  juris- 
diction 5714. 

For  possession  of  land  where  relation  of 
landlord  and  tenant  exists,  justice's 
court  has  jurisdiction  5714. 

For  possession  of  public  lands  5847. 

For  possession,  what  deemed  public  lands, 
what  entry  unlawful  and  fraudulent 
5855. 

For  possession  where  relation  of  landlord 
and  tenant  exists  or  possession  unlaw- 
fully withheld,  justice  of  the  peace  has 
jurisdiction  concurrent  with  district 
court  5604. 

For  recovery  of  expense  of  abating  nui- 
sance in  unincorporated  town  921. 

For  recovery  of  license  money  3737. 

For  recovery  of  mining  claims,  limitation 
4951. 

For  recovery  of  money,  tender  and  deposit, 
when  costs  not  recoverable  5384. 

For  recovery  of  ore,  gold  dust  or  bullion, 
when  and  how  to  be  commenced  2489, 
when  failure  to  make  entry  or  loss  of 
books  by  purchaser  no  defense  2db86. 
See  Mines  and  Mining. 

For  recovery  of  real  property,  adverse 
possession  under  written  instrument 
4956. 

For  recovery  of  real  property  if  plaintiff's 
right  terminates  during  pendency,  judg- 
ment according  to  fact,  damages  5516. 

For  recovery  of  real  property  not  preju- 
diced by  alienation  pending  suit  5521. 

For  recovery  of  real  property,  value  of 
improvements  made  in  good  faith  as 
offset  to  damages  5517. 

For  recovery  of  real  property  when  patent 
has  been  declared  void,  limitation  seven 
years  4949. 


Actions — continued. 

For  recovery  of  real  property,  holder  of 
legal  title,  when  presumed  to  be  in 
possession  4955. 

For  recovery  of  specific  personal  property, 
verdict  5224. 

For  recovery  of  tax  for  improvement  of 
streets  in  unincorporated  town  934. 

For  relief  on  the  ground  of  fraud  or  mis- 
take may  be  commenced  within  3  years 
after  discovery  of  facts  4967. 

For  removal  of  county  commissioners 
authorizing  contract  when  money  not 
in  treasury  3830,  3834. 

For  removal  of  county  commissioners  con- 
tracting floating  indebtedness  3834. 

For  removal  of  county  commissioners  vot- 
ing for  levy  of  excess  taxes  3828. 

For  removal  of  officer  for  malfeasance 
2851. 

For  restoration  of  lost  records  affecting 
real  property,  schedule  of  sections  5630. 

For  seduction  of  unmarried  female  4994, 
4995. 

For  taxes,x  not  to  be  begun  by  district 
attorney  after  being  served  with  receipt 
3655. 

For  unlawful  detainer,  not  to  abate  by 
omission  of  party  5592. 

For  unlawful  detainer,  proof  required  of 
respective  parties,  what  possession  a 
bar  5595. 

For  unlawful  enclosure  of  public  lands 
3174. 

For  waste,  when  may  be  brought,  treble 
damages  5505. 

For  wraste,  or  trespass  on  real  property 
may  be  commenced  within  three  years, 
but  if  in  underground  mines  within 
three  years  after  discovery  of  facts 
4967. 

Foreclosure  of  mortgage  on  mines,  holder 
entitled  to  recover  expenditure  made  to 
prevent  forfeiture  1091. 

Foreign  corporations  may  have  benefit  of 
statute  of  limitations  1355. 

Garnishment,  schedule  of  sections  5169. 

General  rules  of  pleading,  schedule  of  sec- 
tions 5065. 

Grounds  for  change  of  venue  5015. 

How  commenced  in  district  court  5016. 

How  commenced  in  justice's  court  5722. 

How  process  may  be  served  on  corpora- 
tions 1188. 

In  certiorari,  schedule  of  sections  5683. 

In  district  court  for  damages  under  act 
relating  to  railroad  companies  3581. 

In  eminent  domain,  schedule  of  sections 
5606. 

In  equity,  district  court  has  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  6)  321. 

In  equity,  supreme  court  has  appellate 
jurisdiction  (Nev.  Const,  art.  vi,  sec.  4) 
319. 

In  justice's  court  abstract  of  judgment 
filed  in  recorder's  office  creates  lien 
on  land  5782. 

Adjournment  not  to  be  for  more  than 
ten  days  unless  upon  undertaking  con- 
ditioned for  payment  of  judgment  5760. 
Alias    summons    may    issue,    time    for 
appearance  5729,  5730. 


2157 


INDEX 


Civil  practice 


Actions,  justice's  court—  continued. 

Amendment  to  complaint  or  answer  may 

be  allowed  5741. 

Amendment  to  pleadings,  adjournment. 
costs,  relief  from  judgment  by  default 


Answer  and  what  to  contain  5735,  5738.. 
Answer  or  demurrer  allowed  to  amended 

pleadings  5743. 
Appeal   to  district  court,  when  may  be 

dismissed,  I>.  ('.  rule  xxxvii,  p.  1430. 
Arrest  of  defendant,   must  give  under- 

t.  -i  king  before  applying  for  postpone- 

ment 5759. 

Certain  sections  made  applicable  5752. 
Certificate   of   county  clerk   to   writ  of 

attachment    for    service    in    another 

county  r>7.~»l. 
Complaint  defined  and  what  to  contain 

5786. 
Contempt  and  general  provisions,  sched- 

ule of  sections  r»7'.».». 
Copy   of   note   or    instrument    admitted 

unless  denied  by  verified  answer  577O. 
Court  to  try  issue  of  law  57<i4. 
Defendant  may  appear  and  waive  sum- 

mons 5724. 

Demurrer  to  complaint  5735,  5737. 
Deposit   m.-iv  he  made  in  lieu  of  under- 

taking r.sir,. 
Entry  of  judgment  after  demurrer  and 

failure  to  answer  5«55. 
Entry  to  he  made  in  docket  of  date  of 

trial   or   hearing   and    mailing  notice 

5733, 
J  Execution,  duty  of  ollicer  receiving  5786. 

May  be  renewed  or  alias  issued  r,7s.~. 

To  issue  !>y  county  clerk  to  other  coun- 
ties on  abstract  of   judgment  dock- 
eted  in  district   court   57X1. 
Failure  of  either  party  to  appear,  trial 

may  proceed  57«',7. 
Fees  of  attorney  recoverable  as  costs 

5814. 
For  recovery  of  money  or  damages,  when 

defendant  may  be  arrested  5744. 
How   guardian   appointed   when   neces- 

sary 572*  :. 

How  judgment  entered  5775. 
How  jury  waived  57<»<i. 
If  amount  found  due  exceeds  jurisdic- 

tion, party  may  remit  excess  5776. 
If  defendant  fail  to  set  up  counter-claim 

he  cannot  afterwards  sue  5730. 
Issuance  and  stay  of  execution  5783. 
Issue  of  fact  to  be  tried  by  jury  unless 

waived  5765. 

Judgment  of  dismissal  may  be  entered 
without  prejudice  in  certain  cases 
5772. 

Taken  by  mistake,  inadvertence  or 
excusable  neglect  may  be  set  aside 
5742. 

To  be  entered  at  close  of  trial  if  no 
jury  57'<4. 

To  be  entered  at  once  in  conformity 
to  verdict  5773. 

Upon  default  5754,  5755. 
Jury,    how    summoned    and    challenged 

5768. 
Limitation  of  service  of  summons  5731. 

136 


Actions,  justice's  court — continued. 

No  statement  required  on  appeal  to  dis- 
trict court  on  questions  of  fact  or 
both  law  and  fact  5790. 

Notice  of  hearing  after  service  of  sum- 
mons or  appearance  57.">.'5. 

Offer  to  allow  judgment,  when  further 
costs  not  recoverable  5777. 

<  )rdered  transferred  to  district  court, 
when  will  be  dismissed,  D.  C.  rule 
xxxviii.  p.  1430. 

Parties  entitled  to  one  hour  in  which  to 
appear  after  time  tixed  in  notice  5733. 

Parties  may  appear  in  person  or  by 
attorney  5725. 

Place  of  trial  5715. 

Place  of  trial  may  be  changed  in  cer- 
tain cases  or  another  justice  called 
57 H5.  5718. 

1 'leadings  ami  form  of  5734,  5735. 

Pleadings,  issues  of  law  and  fact  defined 
5761-5763. 

Postponement  of  trial  by  consent  5758. 

Postponement  of  trial  on  application  of 
party,  grounds  procedure  5759. 

Proceedings  after  order  changing  place 
of  trial  5719. 

Proceedings  on  demurrer  to  complaint 
or  answer  .",7  1 1. 

Schedule  of  sections  relating  to  plead- 
ings 5734. 

Summons,    by    whom    and   how    served 

and  returned  5732. 
I  low    issued,    directed    and    what    to 

contain  571*7. 

How  served  by  publication  5732. 
To  be  served  out  of  town  to  have  cer- 
tificate  and   seal    of   county   clerk 
attached  5732. 

Time  for  appearance  of  defendant  to  be 
specified  in  summons  5728. 

Undertaking  on  appeal,  requirements 
with  or  without  stay,  deposit,  justifi- 
cation of  sureties  5792. 

Volunta  ry  appearance  and  pleading  with- 
out summons  1715. 

Waiver  of  objection  that  it  is  in  wrong 
township  5772. 

What  entries  to  be  made  in  docket  5800. 

What  execution  must  contain  5784. 

What  notice  of  appeal  from  judgment 
must  contain  5788. 

What  papers  to  be  transmitted  on 
appeal  to  district  court  5791. 

What  provisions  of  civil  practice  act 
are  applicable  5815. 

What  statement  on  appeal  on  questions 
of  law  alone  must  contain,  amend- 
ments and  settlement  5789. 

When  admission  that  evidence  would  be 
given  avoids  postponement  5759. 

When  attachment  to  issue  5749,  5750. 

When  consent  to  taking  of  testimony 
or  admission  that  it  would  be  given 
avoids  postponement  5759. 

When  court  may  postpone  5757. 

When  defendant  may  be  arrested  5744. 

When  order  for  inspection  of  written 
instrument  may  be  made  5769. 

\N  hen  place  of  trial  cannot  be  changed 
more  than  once  on  motion  of  same 
party  5717. 


Civil  practice 


INDEX 


2158 


Actions — continued. 

When   plaintiff  may   demur   to   answer 

5740. 

When  postponement  discharges  defend- 
ant from  arrest  5759. 
When  trial  must  be  commenced  and  how 

continued  5756. 
Who  entitled  to  costs  5813. 
In  municipal  court  832,  833. 
In  municipal  court,  appeal  837. 
In  name  of  another  without  authority  is 

gross  misdemeanor  6372. 
In  quo  warranto.  claimants  to  public  office 

to  be  made  defendants  5662. 
For   usurpation   of   public   office,    bond 

5660. 
For  usurpation  of  public  office,  contents 

of  complaint,  judgment  5661. 
In  name  of  state,  against  whom  5656, 

5657. 

Schedule  of  sections  5656. 
Take  precedence  of  civil  business  5680. 
To  collect  arrearages  and  forfeit  fran- 
chise of  toll  road  3757. 
To  determine  whether  toll   road  fran- 
chise has  been  forfeited  3049. 
Upon  whose  relation  begun,  security  for 

costs  5659. 

When  summons  issued,  when  unneces- 
sary 5665. 

In  which  attachment  may  issue  5147. 
Infant,   insane  or  incompetent  person  to 
appear  bv  general  guardian  or  guardian 
ml  litem*4992.  4993. 

Institution  of  against  party  claiming  prop- 
erty of  judgment  debtor  or  denying  debt 
5313. 

Involving  title  to  real  property  or  legality 
of  tax,  impost,  assessment,  toll  or  muni- 
cipal tine  not  to  be  tried  in  justice's 
court  5721. 

Issue  of  fact  in  matters  of  an  estate  to  be 
disposed  of  in  same  manner  as  in  com- 
mon-law action  6109. 
Issues,  mode  of  trial  and  postponement, 

schedule  of  sections  5195. 
Joint  debtor  released  of  his  proportion  not 

necessary  party  5847. 
Judgment  and  costs  on  removal  of  officer 

for  malfeasance  2852. 
Judgment  by  confession  may  be  entered  in 

justice's  court  3771. 
Judgment  in  general,  schedule  of  sections 

5238. 
Jurors,  expense  of  keeping  together  to  be 

paid  before  verdict  or  judgment  2035. 
Justice's    court    may    require    deposit    or 
undertaking  as  security  for  costs  be- 
fore issuing  summons  5812. 
To  which  transferred  has  same  juris- 
diction 5719,  5720. 

Justice  of  the  peace  may  issue  execution 
or  other  p'rocess  on  docket  of  prede- 
cessor 5805. 
May  issue  subpena  and  final  process  to 

any  part  of  county  5808. 
To  receive  all  moneys  collected  by  sher- 
iff or  constable  and  pay  the  same  to 
parties  entitled  5810. 
Limitation  494(5. 

Continues  to  run  under  this  act  as  if 
former  act  had  not  been  repealed  5819. 


Actions — continued. 

Limitation,  does  not  run  in  favor  of  per- 
son out  of  the  state  4975. 
For  commencement  of  by  state  for  real 

property  4950. 

For  recovery  of  estate  sold  by  executor 
or  administrator  or  to  set  aside  sale 
4964. 
For  recovery  of  estate  sold  by  guardian 

4.M)3. 

For  recovery  of  penalty  or  forfeiture 

against  corporation  4984. 
Of  for  real  property  or  rents  4952,  4953. 
Of  time  for  bringing  suit  against  estate 
of  deceased  person  5968,  5969. 

Limitations  4989-4991. 

Manner  of  commencing,  schedule  of  sec- 
tions 5016. 

Manner  of  commencing  in  justice's  court, 
schedule  of  sections  5722. 

Manner  of  giving  and  entering  judgment, 
schedule  of  sections  5266. 

Married  woman  as  sole  trader  may  sue  or 
be  sued  alone  2192. 

May  be  brought  by  any  person  injured  on 
official  bond  given  to  State  of  Nevada 
2870. 

By  or  against  corporation  same  as  indi- 
vidual (Nev.   Const,   art  viii,  sec.   5) 
342. 
r>y  public  administrator  for  protection 

of  estates  1622. 
In  district  court  on  appeal  from  order 

of  public  service  commission  4540. 
On  bond  of  trustee  appointed  on  dis- 
solution of  corporation   in  quo   war- 
ranto 5673. 

May  be  dismissed  in  what  cases  5237. 

May  be  instituted  by  attorney-general 
against  certain  mining  companies  fail- 
ing to  file  statements  1338. 

May  be  maintained  by  mutual  fire  insur- 
ance companies  against  memDers  1296. 

May  be  maintained  for  recovery  of  cost 
of  removal  of  nuisance  921. 

May  be  prosecuted  by  executor,  adminis- 
trator or  trustee,  or  person  authorized 
by  statute  without  joining  beneficiary 
4987. 

May  be  prosecuted  or  defended  by  either 
husband  or  wife  in  case  of  desertion  of 
either  by  the  other  4991. 

Must  be  commenced  within  four  years 
when  no  other  time  is  provided  4970. 

Must  be  prosecuted  in  name  of  real  party 
in  interest  except  as  specified  4986,  4987. 

New  promise  to  prevent  bar  must  be  in 
writing  4985. 

New  trials,  schedule  of  sections  5319. 
And  appeals  in  justice's  court,  schedule 
of  sections  5788. 

No  limitation  for  recovery  of  money  on 
deposit  with  bank  or  trust  company 
4974. 

Not  included  in  general  provisions  of  law 
and  equity,  supreme  court  has  appellate 
jurisdiction  (Nev.  Const,  art.  vi,  sec.  4) 
319. 

Not  maintainable  when  barred  in  another 
state  or  foreign  country  4947. 

Not  to  be  affected  by  vacancy  in  office  of 
judge  or  failure  of  term  4884. 


2159 


INDEX 


Civil  practice 


Actions — continued. 

Not  t»  be  brought  against  county  unless 
demand  first  presented  l.'di:;. 

Ni  t  to  be  brought  or  defended  by  foreign 
corporation  unless  certificate  tiled  \vitb 
secretary  of  state  135n. 

\«.t  to  be  maintained  or  defended  by  cer- 
tain mining  companies  failing  to  file 
statements  133X. 

Notices,  serving  and  tiling  of  papers, 
schedule  of  sections  ."».",< ;7. 

offer  of  compromise,  notice,  acceptance. 
affidavit,  result  5265. 

on  adverse  claim  on  application   for  pat- 
ent for  mine  23X  I. 

To  lot  in  federal  townsite  to  be  certified 
to  district  court    I'.iM. 

On  appeal  from  order  of  public  service 
commission  to  have  precedence  in  dis- 
trict court  45  H  . 

On  appeal  to  district  court,  provisions 
relating  to  change  of  place  of  trial 
applicable  5794. 

<  Mi  complaint  for  abuse  of  apprentices  400. 

on  negotiable  instrument,  panics  and  lia- 
bility of.  schedule  of  sections  2548. 

( >n  negot  iable  paper,  considerat  ion.  assign- 
ment before  due  I'.'^v 

On  open  account  for  goods,  wares  or  mer- 
chandise, any  article  in  store  account, 
and  for  contract  or  liability  not  founded 
upon  writing  may  be  commenced  within 
four  years  4967. 

on  thing  assigned,  set-off,  defense,  notice 
of  assignment  4!)88. 

Other  than  for  recovery  of  real  property, 
limitation  of  49»;7. 

Parties  aggrieved  may  bring  to  set  aside 
damages  awarded  by  viewers  on  open- 
ing of  highway  .">015. 

Parties  in  interest  to  be  joined  5001. 

Parties  not  originally  summoned,  schedule 
of  sections  5213. 

Penalty  for  failure  of  district  attorney  to 
bring  action  against  mining  company 
failing  to  tile  statement  1838,  1340. 

Pending  by  or  against  corporations  con- 
solidated, new  corporation  may  be  sub- 

•    stituted  1148. 

Per  diem  and  mileage  of  jurors  in  coun- 
ties polling  over  425  votes  2013. 

Personal  may  be  brought  notwithstanding 
lien  for  labor  and  materials  2226. 

Place  of  trial,  schedule  of  sections  relat- 
ing to  5011. 

In  justice's  court,  schedule  of  sections 
5715. 

Possessory    on    public   lands,    jurisdiction 

of  justice  of  the  peace  5855. 
Occupant  may  pay  fee  and  absent  him- 
self when  absence  forfeits  right  5853. 
When  possessory  right  extends  to  bound- 
aries of  survey  5854. 

Proceedings  supplementary  to  execution, 
schedule  of  sections  5307. 

Process  may  be  served  on  land  ceded  to 
the  United  States  1949,  1951. 

Provision  may  be  made  by  general  law 
for  bringing  against  the  state  (Nev. 
Const,  art.  iv,  sec.  22)  280. 

Provisional  remedies  in  justice's  court, 
schedule  of  sections  5744. 


Actions — continued. 

Provisions  relating  to  are  applicable  to 
writs  of  certiorari.  mandamus  and  pro- 
hibition 5712. 

Provisions  relative  to  apply  to  proceed- 
ings in  eminent  domain  5624. 

Publication  of  process  or  paper,  officer  to 
be  paid  cost  in  advance  2026. 

Railroad  to  give  notice  of  live  stock  killed 
3600. 

References  and  trials  by  referees,  sched- 
ule of  sections  5230. 

Regarding  real  properly,  unknown  heirs 
may  be  brought  in  5009,  5010. 

Register  to  be  kept  by  clerk  5480. 

Relating  to  nuisance  and  waste,  schedule 
of  soot  ions  5504. 

Relating  to  partners,  members  of  limited 
partnerships  same  rights  and  liabilities 
as  general  partners  29O1). 

Right  of  against  railroad  companies  not 
affected  by  act  relating  to  railroad  com- 
mission 45S2. 

Right  of.  for  damages,  for  causing  work- 
man by  misrepresentation  to  change 
place  of  employment  193S. 

Riirht  to  maintain  or  defend,  residence 
defined  and  how  gained  or  lost  36O!»-3<51<5. 

Schedule  of  sections  relating  to  affidavits 
5460. 

Schedule  of  sections  relating  to  appeals 
5326. 

Schedule  of  sections  relating  to  contempt 
5394. 

Schedule  of  sect  ions  relating  to  costs  5376. 

Schedule  of  sections  relating  to  definitions 
of  common-law  and  miscellaneous  pro- 
visions 5474. 

Schedule  of  sect  ions  relating  to  executions 
52S< !. 

Schedule  of  sections  relating  to  injunc- 
tion 5136. 

Schedule  of  sect  ions  relating  to  mandamus 
5684. 

Schedule  of  sections  relating  to  motions 
and  orders  5362. 

Schedule  of  sections  relating  to  parties 
4986. 

Schedule  of  sections  relating  to  perpetua- 
tion of  testimony  5464. 

Schedule  of  sections  relating  to  proof  of 
public  writings  5408. 

Schedule  of  sections  relating  to  various 
mistakes  in  pleadings  and  amendments 
5080. 

Schedule  of  sections  relating  to  verdict 
5221. 

Schedule  of  sections  relating  to  witnesses 
5419. 

Several  on  same  instrument  when  costs 
allowed  for  only  one  5378. 

Sheriff's  fees  in  counties  polling  over  800 
votes  2009. 

State  prison  commissioners  may  bring  for 
labor  of  convicts  or  articles  sold  7564. 

Testimony,  pleadings,  orders,  depositions, 
and  practice  in  divorce  proceedings, 
same  as  in  civil  action  5842. 

There  shall  be  but  one  form,  and  law  and 
equity  shall  be  administered  in  same 
action  (Xev.  Const,  art.  vi,  sec.  14)  .".!".>. 
4943. 


Civil  practice 


INDEX 


2160 


Actions — continued. 

Time  during  which  commencement  of  is 
stayed  not  part  of  limitation  4981. 

Time  within  which  may  be  commenced  by 
or  against  representative  of  deceased 
person  4977. 

To  contest  election  to  city  office,  how 
brought  and  determined  801. 

To  contest  election  to  county  office,  what 
sufficient  for  complaint  to  allege  1806. 

To  contest  election  to  office,  time  for 
commencement  of  4972,  4973. 

To  contest  probate  of  wiH  5874. 

To  determine  adverse  claim  to  real  prop- 
erty, by  whom  and  how  brought  5522. 

To  determine  adverse  claim  to  real  prop- 
erty, notice  of  pendency  to  be  filed  in 
office  of  county  recorder  5522. 

To  determine  adverse  claim  to  real  prop- 
erty, remedy  cumulative  5525. 

To  determine  adverse  claim  to  real  prop- 
erty, summons,  what  to  contain,  how 
served  personally  and  by  publication 
5523. 

To  determine  adverse  claim  to  real  prop- 
erty, when  and  how  rendered  and  effect 
5524. 

To  determine  adverse  claims  and  by  sure- 
ties 5479. 

To  determine  paternity  of  illegitimate 
child  765. 

To  enforce  lien  for  charges  upon  animals 
5499. 

To  foreclose  lien  for  labor  or  material, 
limitation  of  time  for  commencing  2220. 

To  quiet  title,  by  whom  may  be  brought 
5514. 

To  ouiet  title,  costs  not  recoverable  if 
defendant  disclaims  interest  5515. 

To  quiet  title,  schedule  of  sections  5514. 

To  recover  damages  for  death  by  wrong- 
ful act  may  be  brought  within  two 
years  4967. 

To  restore  lost  record,  time  for  bringing 
5632. 

To  restore  lost  records  5632. 

To  restore  will  or  deed,  parties  5633. 

To  what  causes  of  action,  judicial  power 
of  United  States  extends  (U.  S.  Const.) 
153-155. 

Transfer  of  from  justice's  court  to  dis- 
trict court  5721. 

Trial  by  court,  schedule  of  sections  5226. 

Trial  by  jury,  schedule  of  sections  5204. 

Trial  by  jury  secured,  but  may  be  waived 
(Nev.  Const,  art  i,  sec.  3)  232. 

Trial  not  to  be  delayed  by  prosecution  of 
cross-complaint  5052. 

Trials  and  judgments  in  justice's  court, 
schedule  of  sections  5754. 

Upon  claim  against  bank  rejected  by  bank 
examiner,  limitation  three  months  671. 

Upon  judgment,  decree,  contract  or  lia- 
bility founded  upon  writing  can  be  com- 
menced within  six  years  4967. 

Upon  liability  created  by  statute  other 
than  penalty  or  forfeiture,  may  be  com- 
menced within  three  years  4967. 

Upon  statute  for  penalty  or  forfeiture, 
when  may  be  brought  within  two  years, 
exception  4967. 


Actions — continued. 

Verification,  schedule  of  sections  5060. 

When  cannot  be  brought  by  grantee  from 
state  4948. 

When  due  incorporation  of  company  can- 
not be  attacked  collaterally  except  by 
the  state  1154. 

When  may  be  brought  against  an  executor 
or  administrator  4977,  4978. 

When  may  be  commenced  by  minors,  mar- 
ried women,  insane  and  imprisoned  per- 
sons 4965,  4966,  4976. 

When  may  be  commenced  within  one  year 
after  reversal  on  appeal  of  judgment 
for  plaintiff  4980. 

When  may  be  consolidated  5478. 

When  may  be  postponed  if  judge  or 
juror  called  as  witness  5429. 

When  must  be  commenced  to  make  peace- 
able entry  upon  real  estate  a  valid 
claim  4954. 

When  reporter's  fees  may  be  taxed  as 
costs  4913. 

When  statute  of  limitations  does  not  run 
during  term  of  public  official  2866. 

When  successive  may  be  maintained  on 
same  contract  5477. 

When  time  for  commencement  of  begins  to 
run  4968,  4969. 

When  to  be  brought  by  county  treasurer 
against  district  attorney  for  failure  to 
account  1601. 

Wife  living  separate  and  apart  from  hus- 
band may  sue  or  be  sued  alone  4989. 

Witness  fees  in  counties  polling  over  450 
votes  2012. 

Witness  immune  from  arrest,  when  5445. 

Witness  need  not  testify  unless  paid  fee 

if  demanded  2012. 

Acts  of  legislature,  authentication  of  under 
act  of  Congress  526. 

Relating  to  civil  practice  applicable  to 
suits  for  delinquent  taxes  3666. 

Repealed  by  civil   practice  act,   schedule 

5821. 

Adjournment,  entry  regarding  to  be  made 
in  justice's  court  docket  5800. 

In  justice's  court,  not  to  be  for  more  than 
ten  days  unless  upon  undertaking  con- 
ditioned for  payment  of  judgment  5760. 

May  be  had  on  hearing  in  contempt  pro- 
ceedings 5402. 

Not  granted  in  action  for  forcible  entry 
or  unlawful  detainer  when  admission 
that  evidence  would  be  given  5598. 

Of  court,  when  may  be  made  by  sheriff 
or  clerk  4872. 

On  amendment  of  pleadings  in  justice's 
court  if  necessity  for  be  shown  under 
oath,  costs  5742. 

When  civil  action  to  be  continued  without 

in  justice's  court  5756. 
Adjutant-general,  papers  or  records  certified 

by  are  evidence  4080. 

Administration,  community  property  not 
subject  to  if  wife  pays  or  secures  in- 
debtedness 2165. 

Judgment  rendered  after  death  of  party 
payable  in  course  of  52  »2. 

Of  estates  of  deceased  persons,  payment 
of  court  fee  upon  commencement  of 
proceedings  2030. 


2161 


INDEX 


Civil  practice 


Administration — < -on  tinned. 

Special  letters  may  bo  granted  by  district 

judge  in  vacation  4850. 
Administrator,    action    against    on    rejected 

claim  to  bo  brought  within  30  days  after 

notice  .llM'.s. 

A'-tion  for  death  by  wrongful  act  564s. 
Action    n  ;t    to    l>e    maintained    on    claim 

against  estate  of  deceased  person  unless 

claim  has  been  tiled  Til  Hi*. 
Allegation  of  as  a  legal  conclusion,  when 

sullicient  r.oTs. 
Costs   in   action   by  or  against  and  how 

chargeable  5385. 
Duty    to    commence    action    to    set    aside 

fraudulent    conveyance    made   by   dece- 
dent, application  and  payment  of  costs 

by  creditors  r,<r_»i>.  »;<>:;<». 
Limitation  of  action  to  recover  estate  sold 

by  or  to  set  aside  sale   P.ir.l. 
.May   have   execution    issued   on   judgment 

after  death  of  party  5285. 
.May   make  conveyance   under  contract  of 

decedent    f,l  17. 

May  sue  without  joining  beneficiary  4987. 
Time  within  which  action  may  be  brought 

by  or  against  4!>77.   t.»78. 
When    may    have    execution    stayed    on 

appeal  without  giving  stay  bond  ri:;r»± 
Admission,    of   counter-claim    by    failure   to 

demur  or  reply  r.u.'s. 
of  genuineness  of  instrument   copied  into 

complaint  if  no  verified  denial  .",(>»;•_>. 
Of  making  ot    note  or   instrument    in   jus- 
tice's   court    unless    denied    by    verified 

answer  .1770. 

•  )i  service  of  summons  5032. 
That     evidence     alleged     in     affidavit    on 

motion  for  continuance  would  be  given 

allows  trial  to  proceed  .">!'( r_>. 
That   evidence   would    be   given    in    action 

for  forcible  entry  or  unlawful  detainer 

avoids  continuance  5508. 
That    evidence    would    be    given,     when 

avoids  postponement  in  civil  action  in 

justice's  court  5759. 
Adoption  of  children,  act  relating  to  does 

not  apply  to  Mongolians  5834. 
Child  adopted  entitled  to  protection,  sup- 
port and  inheritance  5826,  5829. 
child  adopted  may  take  name  of  persons 

adopting  5830. 
Children    adopted   and   persons   adopting 

bear  legal  relation  of  parent  and  child 

5830. 

Consent,  how  given,  agreement,  how  exe- 
cuted, procedure  5826. 
C<  nsent  of  child  over  12  years  required 

on  adoption  5828. 
How  consent  of  nonresident  parent  to  be 

executed  and  acknowledged  5831. 
Husband  or  wife  not  lawfully  separated 

cannot  adopt  without  consent  of  other 

6827. 
Judge  to  file  papers,  have  order  entered 

in  court  minutes  and  recorded  in  office 

of  county  recorder,  notice  to  the  world 

5832. 
Proceedings   before   district  judge,   order 

and  rights  of  adopted  child  5829-5831. 
Requirements  5825. 
Schedule  of  sections  5825. 


Adoption  of  children  —  continued. 

When  consent  of  absent  parent  must  be 

obtained  or  need  not  be  obtained  5831. 
When    consent    of    parent    of    abandoned 

child   not   necessary,   custodian   or   next 

friend  to  be  cited  and  examined  5831. 
When    illegitimate  child   deemed  adopted 

by  conduct  of  father  r»s:5:i. 
When  not  to  be  had  without  consent  of 

parents,  child   over    li»  years  must  con- 

sent in  writing  r»SL!X. 
Adultery,  as  affecting  division  of  community 

property  upon  decree  of  divorce  2166. 
Consent   of  parent   adjudged  guilty  of  or 

divorced    for,    when    not    necessary    on 

adoption  of  child  5S2S. 
Of  husband,  what  disposition  of  property 

may    be    made    if   wife   obtains   divorce 


Since  marriage   unforgiven   is  ground  for 

divorce  r»s:;s. 

Adverse  action,  for  mining  claim  on  appli- 
cation for  patent,  what  necessary  to  be 
shown  ."•!!<>. 

Adverse  claims,  actions  to  determine  5479. 
To  land  under  right  of  way  for  railroad, 

payment  into  court  .'5541. 
To    real    property,    actions    to    determine, 

how  and  by  whom  brought  5522. 
To  real  property,  service  of  summons  in 

act  ion  to  determine  ."iiVl. 
Adverse   claimant,    to   mine   on   application 

for  patent   to  bring  suit  2384. 
Adverse    possession    not   established   unless 

taxes  are  paid  -I'.MJO. 
Of  one  lot.  not  deemed  possession  of  other 

lots  of  same  tract  4*.  >."><;. 
Of    real    property    for    fifteen    years    as 

ground  for  action  5522. 
Of   real    property   under   written    instru- 

ment, effect  4956. 
Under    claim    of    title    without    written 

instrument  4958,  4960. 
What  constitutes  4957. 
Affidavit,   and  justification   of   sureties,   to 

undertaking  on  appeal  5354. 
Before  judge  out  of  state,  genuineness  of 

signature  to  be  certified  by  clerk  under 

seal  5453. 
Before   justice   of   the   peace   or   district 

judge    for    examination    of    books    of 

assayer,  mill  or  purchaser  of  ore,  gold 

dust  or  bullion  2484. 
By  execution  creditor  that  homestead  ex- 

ceeds $5,000  in  value  2144. 
Denying  genuineness  of  instrument  copied 

in  answer  5063. 
Filed  with  testimony  taken  for  perpetua- 

tion, prima  facie  evidence  of  facts  5469. 
For  appointment  of  elisor  5495. 
For  arrest  of  debtor  on  proceedings  sup- 

plementary to  execution  5308. 
For  arrest  of  defendant  in  civil  action  in 

justice's  court  5745. 
For  attachment  in  civil  action  in  justice's 

court  5747,  5749. 
For  change  of  place  of  trial  in  justice's 

court  5716. 
For  citation  by  district  court  or  judge  or 

justice  of  the   peace  for  discovery  of 

personal  property  on  which  taxes  delin- 

quent 3679. 


Civil  practice 


INDEX 


2162 


Affidavit— continued. 

For  contest  for  nomination  under  primary 
election  law  1764. 

For  continuance  in  district  court,  counter- 
affidavits,  service,  D.  C.  rule  xii,  p.  1427. 

For  continuance  on  amendment  in  action 
for  forcible  entry  or  unlawful  detainer 
.V.'.KS,  o597. 

For  continuance  to  show  materiality  of 
evidence  and  due  diligence  5202. 

For  examination  of  debtor  in  proceedings 
supplementary  to  execution  5308. 

For  examination  of  party  owing  or  hav- 
ing property  of  debtor  when  execution 
unsatisfied  5310. 

For  execution  in  officer's  own  name  for 
unpaid  fees  2027. 

For  exemption  of  witness  from  arrest  in 
civil  action  5446. 

For  institution  of  suit  for  unlawful  en- 
closure of  public  lands  3174. 

For  issuance  of  writ  of  mandamus  5(396. 

For  order  for  publication  of  summons  in 
action  to  determine  adverse  claim  to 
real  property  5523. 

For  restoration  ot  lost  record,  what  to 
state  5641. 

For  taking  deposition  in  state  5455. 

For  use  in  this  state,  before  whom  made 
5450. 

For  writ  of  attachment  5148. 

For  writ  of  attachment,  amendment  of  5  1  •  17. 

For  writ  of  attachment  on  non judicial 
day,  what  to  state  ^870. 

For  writ  of  certiorari  5685. 

In  action  for  claim  and  delivery  of  per- 
sonal property  5125. 

Indorsing  and  filing  on  hearing  of  motion 
in  district  court,  D.  C.  rule  xi.  p.  l4-<. 

Laying  foundation  for  introduction  of 
deposition  on  trial  5456. 

Made  in  foreign  country,  by  whom  taken 
5452. 

Made  out  of  state,  how  taken  in  other  state 
or  territory  5451. 

Matters  within  may  be  reviewed  upon  ap- 
peal 5340. 

May  be  read  on  hearing  of  objections  to 
appointment  of  referee  5234. 

Of  amount  of  wages  as  preferred  claim 
against  execution  or  attachment  5494. 

Of  annual  work  on  mine,  recorded  or  cer- 
tified copy,  when  prima  facie  evidence 
2431. 

Of  claimant  of  possession  of  public  lands 
5851. 

Of  evidence  expected  to  be  obtained  on 
application  for  postponement  of  civil  ac- 
tion in  justice's  court  5759. 

Of  lien  in  action  for  partition  5537. 

Of  notice  of  acceptance  of  offer  of  compro- 
mise 5265. 

Of  other  person  claiming  property  in  action 
for  claim  and  delivery  to  be  served  on 
sheriff  5134. 

Of  payment  of  taxes  to  be  attached  to  com- 
plaint in  action  for  foreclosure  or  lien, 
stay  3756. 

Of  publication  of  notice  in  delinquent  tax 
suit  3663. 


Affidavit— continued. 

Of  publication  of  notice  relating  to  partner- 
ship is  prima  facie  evidence  2914. 
Of  redemptioner,  to  be  served  on  redemp- 
tion of  real  property  sold  under  execution 
5302,  5303. 

Of  service   of   notice    for  presentation    of 
claims   against  bank  in   hands  of  bank 
examiner  671. 
Of  service  of  notice  upon  persons  holding 

claims  against  closed  bank  671. 
Of  sureties  to  undertakings  5484. 
Of  sureties  to  undertakings  for  payment  of 
costs  by  nonresident  or  foreign  corpora- 
tions 5390. 
Of  value  of  premises  in  proceedings  under 

eminent  domain  5615. 
Of   witness   fees   for  taxing    costs   in   civil 

action  2012. 

On  application  for  taking  deposition  in  dis- 
trict court,  D.  C.  rule  xv,  p.  1428. 
On  application  for  underground  survey  of 

mine  5511. 

On  application  for  writ  of  prohibition  5709. 
On  arrest  in  civil  action  5090. 
On  motion  for  continuance  of  trial  5202. 
On  proceedings  for  contempt  not  committed 

in  presence  of  court  or  judge  5396. 
Punishment  of  witness  for  refusal  to  make 

5438. 

Regarding  nonpayment  for  annual  work  on 
mine  by  delinquent  coowner,  when  prima 
facie  evidence  2432. 
Replying  to  answer  of  garnishee  5178. 
Showing  cause  for  setting  aside  judgment 

in  justice's  court  5742. 

Showing  gross  receipts  of  toll  road,  failure 
to  make,  action  to  be  brought  for  arrear- 
age and  to  forfeit  franchise  3757. 
Showing  materiality  of  testimony  of  pris- 
oner 5443. 

Taken  before  notary  public  may  be  used 
before  any  court,  judge  or  notary  public 
2750. 
That  controversy  is  real  when    submitted 

without  action  5252. 

That  district  judge  is  absent  from  state  or 

unable    to    act    as    ground    for    having 

another  district  judge  extend  time,  D.  C. 

rule  xliii,  p.  1431. 

That  person  is  65  years  of  age  exempts 

from  jury  49-11. 

To  accompany    summons    against   parties 
served  after  judgment  in  action  on  joint 
contract  5245. 
To  statement  for  contest  of  county  office 

1805. 
To  statement  or  complaint  on  contest  for 

members  of  the  legislature  1818. 
Verified  of  amount  due  on  mortgage  or  lien 

in  actions  for  partition  5549. 
When  copy  to  be  attached  to  order  appealed 

from  5339. 
Without  title  or  with  defective  title,  when 

valid  5476. 
Affidavits,  and  counter-affidavits,  on  motion 

for  new  trial,  service  5320,  5324. 
Counter  in  contest  in  proceedings  to  restore 

lost  records  5644. 
In  civil  actions,  schedule  of  sections  5450. 


2163 


INDEX 


Civil  practice 


Affidavits— continued. 

.May  be  taken  by  judges  and  clerks  of 
supreme  and  district  courts  4883. 

Motion  to  discharge  attachment  may  be 
made  upon  and  opposed  by  5  !(>«>. 

On  motion  for  new  trial  in  district  court, 
if  time  enlarged  adverse  party  to  have 
same  extension  for  filing  amendments  or 
counter-affidavits,  D.  C.  rule  xxiv,  p.  1420. 

( >n  motion  to  dissolve  injunction  5133. 
"Affinity."  when  signifies  connection  existing 

in  consequence  of  marriage  between  each 

of  the  married  persons  and  blood  relative 

<>f  the  other  547"). 
Affirmation,  false  deemed  perjury  .VMS. 

Included  in  oath  5475. 

May  be  taken  by  witnesses  instead  of  oath, 
form  5H>. 

Oath,  form  of,  to  jury  5208, 

Who  may  administer  5ls3. 
Age   of   consent,  action    for   annulment    of 

marriage  of  person  under  2:557. 
Agreement,  between    parties  or    attorneys  in 

district  court    to  he  disregarded  unless  in 

writing  and  signed,  D.  0.  rule  xxvii,  p.  !4iM). 
Allegation,  in    complaint     controverted     by 
:iiis\\i«r  and  allegation  of  new  matter  in 
answer,  when  raises  issue  of  fact  in  jus- 
tice's court  57<>:5. 

Not  controverted,  taken  as  true,  exception 
:)<>7.~>,  5os3. 

Of  corporation,  partnership  or  represen- 
tative capacity  as  a  legal  conclusion, 
when  sutlicient  ">n7S. 

What    sutlicient    in  complaint    for    contest 

for  county  office  I >(•»;. 
Alleys,  eminent    domain,  may  he    exercised 

for  5r,0fi. 

Alias  execution  in  justice's  court  5,s5. 
Alias  summons  in  civil  action  in  justice's  court 

may  issue,  time  for  appearance  5720,  5730. 
Alias  venire   for  jurors  in  civil  action  in  jus- 
tice's court  571  is. 
Alienation   pending  suit  does  not  prejudice 

action  for  recovery  of  real  property  552  |. 
Aliens,  how  may  become  citizens  of  United 
States  2517.* 

May  be  naturalized  by  United  States  courts 
and  state  district  court  25 Hi. 

Not  to  be  naturalized  within  30  days  prior 
to  general  election  251(.». 

When  lost  record  relating  to  naturalization 

may  be  restored  5040. 
Alimony    pendente    lite,    husband    may    be 

ordered  to  pay  5843. 
Alphabetical    index    to   docket    in   justice's 

court  required  to  be  kept  5802. 
Amendment,  after  decision  on   demurrer  in 
district  court,  time  in   which  to   make, 
D.C.  ruleviii,p.  1427. 

After  demurrer,  in  district  court,  time  in 
which  to  make,  D.  C.  rule  viii,  p.  1427. 

Costs  upon  making  5081,  5083. 

Court  may  order  in  case  of  variance  5081. 

Error  on  appeal  on  terms  5358. 

Failure  to  make  after  sustaining  demurrer 
to  complaint  in  justice's  court,  action 
may  be  dismissed  5772. 

For  bringing  in  additional  parties  5008. 

May  be  allowed  to  complaint  or  answer  in 
justice's  court  5741. 


Amendment— continued. 

Maybe  made  to  meet  variance  5080,5084. 

Of  affidavit  or  undertaking  on  attachment 
5167. 

Of  complaint,  in  action  for  forcible  entry  or 
unlawful  detainer  55!)(>. 

Of  judgment,  order  or  proceeding  in  district 
court  not  to  be  made  unless  upon  notice 
within  six  months,  D.  C.  rule  45,  p.  14:51. 

Of  pleadings,  in  civil  action  in  justice's 
court  5742. 

Of  pleadings  in  district  court,  if  not  of 
course  notice  and  copy  of  amendment  to 
be  served,  what  to  state,  when  to  be  veri- 
fied, D.  C.  rule  xvii,  p.  1  128. 

Of  pleadings  in  justice's  court,  answer  or 
demurrer  allowed  to  5743. 

Of  pleadings,  when  postponement  allowed 
in  action  in  justice's  court  5757. 

Of  statement  on  appeal  5:5:51. 

Time  for  answering  after  service  5083. 

Time  for  inns  from  service  of  notice;  excep- 
tion 5MS«i. 

To  be  allowed  to  cure  error  in  attachment 
papers  in  district  court,  D.  C.  rule  xx.  p. 

I  12S. 

To  complaint,  answer  or  summons  may  be 
allowed  in  action  for  forcible  entry  or 
unlawful  detainer  5(il)2. 

To  show  the  true  name  when  discovered 
5085, 

To  statement  on  appeal  on  questions  of  law 
alone,  when  to  be  filed  in  justice's  court 
5789. 
Amendments,  as  of  course  508:5. 

In  civil  action  50S3,  5084. 

To  be  liberally  allowed  in  garnishment  pro- 
ceed ings  5]<»0. 

To  proposed  statement  on  appeal,  when  tes- 
timony to  be  reduced  to  narrative  -form 
533:5.  ' 

To  statement  on  appeal,  time  for  filing  may 
be  enlarged  533(i. 

To  statement  on  appeal,  when  waived  5335. 
Animals   lien  on  for  charges,  suit,  sale,  fees 
5499. 

Lien  on  for  charges  when  taken  away  from 
ranchman  or  persons  boarding  same  2332. 

Sale  of  under  lien  and  judgment  for  charges, 

owner  to  be  paid  surplus  5500. 
Annual  labor  on  mines,  when    affidavit   re- 
corded of  performance  or  certified  copy  is 

prima  facie  evidence  2431. 
Annulment  of  marriage,  for  fraud  or  want  of 

consent  2355. 

Answer,  affirmative  denial  of  corporate  exist- 
ence required  5079. 

Allegation  of  new  matter  not  controverted 
taken  as  true,  exception  5075. 

Allowed  to  amend  pleadings  in  justice's 
court  5743. 

And  demurrer  may  be  filed  to  part  of  com- 
plaint or  at  same  time  5042. 

Certain  objections  not  taken  by  demurrer 
or  answer  waived  5045. 

Compulsory  process  to  obtain  in  action  for 
divorce,  if  necessary  to  disposition  of 
property  of  children  583!). 

Deemed  appearance  5374. 

Demurrer  to,  what  facts  deemed  denied 
5083. 


Civil  practice 


INDEX 


2164 


Answer — continued. 

Disclaiming  interest  in  action  to  quiet  title, 

costs  not  recoverable  5515. 
Failure  to  make  verified  denial  admits  exe- 
cution of  instrument  copied  into  complaint 

5062. 

Grounds  of  demurrer  5053. 
In  action  for  delinquent  taxes,  what  may 

set  up,  to  be  verified  3664. 
In  civil  action  5037,  5046. 
In  civil  action  in  justice's  court,  what  to 

contain  5735,  5738. 
In  civil  action  schedule  of  sections  relating 

to  5046. 

In  civil  action,  what  to  contain  5046. 
In  intervention  5006. 
In  mandamus  proceeding  5704. 
In  mandamus  proceeding,  applicant  may 

object  to  sufficiency  or  -introduce  proof 

5701. 
In  quo  warranto,  same  in  supreme  court  as 

in  district  court  5681. 
In  quo  warranto  shall  be  as  in  other  cases 


In  state  land  contest,  time  for  filing  and 
serving,  D.  C.  rule  44,  p.  1431. 

Matter  in  avoidance  may  be  proven  under 
in  action  for  forcible  entry  or  unlawful 
detainer  5602. 

May  allege  truth  as  defense  in  action  for 
libel  or  slander  5074. 

May  be  amended  in  action  for  forcible  en- 
try or  unlawful  detainer  5602. 

May  be  made  after  time  limited,  or  time 
for  may  be  enlarged  5084. 

May  be  stricken  out  for  disobedience  or  re- 
fusal of  party  to  answer  as  witness  or  to 
subscribe  affidavit  or  deposition  5438. 

New  matter  in,  raises  issue  of  fact  in  jus- 
tice's court  in  absence  of  demurrer  5763. 

Objections  not  apparent  on  face  of  com- 
plaint taken  by  5044. 

Of  debtor,  in  proceedings  supplementary 
to  execution  5307,  5308. 

Of  defendant  summoned  after  judgment  in 
action  on  joint  contract,  when  to  be  filed, 
what  to  contain  5246. 

Of  garnishee  5174,  5178. 

Of  garnishee  disclosing  third  person  as 
claimant  5180. 

Of  party  who  refuses  to  testify  or  give  depo- 
sition may  be  stricken  out  5421. 

Of  person  arrested  in  contempt  proceed- 
ings 5402,  5403. 

Refusal  of  witness  to  make, punishment  5438. 

Summons  in  justice's  court  to  contain  direc- 
tion that  defendant  appear  and  answer 
5727. 

Time  for,  after  service  of  amendment  5083. 

Time  for  by  additional  parties  ordered 
brought  in  by  the  court  5008. 

Time  for  may  be  enlarged  5084. 

Time  for  to  amendments  5083. 

To  be  verified  in  action  for  forcible  entry  or 
unlawful  detainer  5600. 

To  complaint  in  action  for  delinquent  taxes 
on  proceeds  of  mines  3709. 

To  complaint,  may  be  filed  after  demurrer 
overruled  5083. 

To  merits,  may  be  allowed  after  judgment 
taken  by  mistake  or  neglect  5084. 


Answer — continued . 

To  statement  of  facts  of  parties  coming  in 
under  notice  in  action  to  enforce  liens, 
D.  C.  rule  xxxv,  p.  1430. 

To  supplemental  complaint  5076. 

To  writ  of  mandamus,  may  show  cause,  how 
made  5699. 

Verification  of  5060,  5064. 

Verified  in  justice's  court  showing  title  of 
real  property  or  legality  of  tax,  impost, 
assessment,  toll  or  municipal  fine  in- 
volved, case  to  be  transferred  to  district 
court  5721. 

Waives  summons  5016,  5034. 

What  to  contain  in  action  for  partition  5533. 

When  construed  in  relation  to  default  judg- 
ments to  include  any  pleading  which  raises 
an  issue  of  law  or  fact  5236. 

When  required  under  summons  in  civil 
action  5019. 

With  verified  denial  required  in  justice's 
court  or  written  instrument  will  be  ad- 
mitted 5770. 

Witness  required  to  5436,  5437. 

Witness  must  give  as  to  previous  conviction 

of  felony  5437. 

Appeal,  affidavits  and  counter-affidavits,  on 
motion  for  new  trial  5324. 

Allowed  in  proceedings  in  eminent  domain 
5624. 

And  notice  of  appeal  from  judgment  in 
justice's  court,  what  must  contain  5788. 

Appellate  court  may  make  restitution  of 
property  and  rights  lost  by  erroneous 
judgment  or  order  5359. 

Appellate  court  may  reverse,  affirm  or 
modify  judgment  or  order  appealed  from 
or  may  set  aside  or  modify  subsequent 
proceedings,  order  new  trial  or  make 
other  order  5259. 

Argument  on,  how  limited,  S.  C.  rule  xi, 
sec.  3,  p.  1424. 

Bill  of  exceptions  may  be  taken  and  set- 
tled at  time  of  decision,  order  or  ruling, 
only  pertinent  facts  to  be  stated  5343. 

Cause  may  be  remanded  for  new  trial  or 
for  further  action  or  proceedings  5259. 

Civil  practice  in  regard  to  applicable  to  cer- 
tiorari,  mandamus  and  prohibition  5713. 

Clerk  of  trial  court  to  attach  certificate  to 
judgment  roll  and  enter  minute  of  judg- 
ment of  supreme  court  5360. 

Copy  of  statement  to  be  annexed  to  copy 
of  judgment  roll  5338. 

Copy  of  written  opinion  to  be  furnished 
appellate  court  5356. 

Costs  on  review  other  than  by,  how  may 
be  collected  5386. 

Costs  on,  when  in  discretion  of  court  5381. 

Court  may  dispense  with  undertaking  when 
appellant  is  executor,  administrator,  trus- 
tee or  person  acting  in  another's  right 
5352. 

Effect  of  testimony  may  be  stated  prefera- 
bly 5333. 

Execution  for  costs  to  be  issued  when  remit- 
titur  filed  in  lower  court  5361. 

Fees  of  clerk  of  supreme  court  2006. 

For  failure  to  prosecute,  district  court  after 
notice  may  order  dismissal  with  costs 
and  damages  5794. 


2165 


INDEX 


Civil  practice 


Appeal — continued. 

From  agreed  statement  of  facts,  how  taken 
5341. 

From  decision  of  court  modifying  award  of 
arbitrators  5263. 

From  findings  of  appraiser's  valuation,  land 
for  ditch  or  flume  4711.  See  Water. 

From  final  judgment  or  order,  transcript, 
of  what  to  consist  5356. 

From  judgment  and  order  denying  new 
trial,  one  statement  for  both  and  what 
to  contain  5332,  5333. 

From  judgment  and  order  granting  or  deny- 
ing new  trial,  one  undertaking  sufficient 
to  stay  execution  5348. 

From  judgment  directing  delivery  of  docu- 
ments or  personal  property,  bond  5349. 

From  judgment  in  action  for  forcible  entry 
or  unlawful  detainer  5601. 

From  judgment  in  controversy  submitted 
without  action  5254. 

From  judgment  of  ouster  in  quo  warranto 
does  not  stay  execution  5682. 

From  judgment  of  removal  of  officer  for 
malfeasance,  during  pendency,  office  to 
be  filled  as  in  case  of  vacancy  2S54. 

From  judgment  or  order  directing  execu- 
tion of  conveyance  stayed  by  execution  of 
conveyance  and  deposit  with  clerk  5350. 

From  judgment  or  order  directing  sale  or 
delivery  of  property  does  not  stay  execu- 
tion unless  undertaking  given,  form  5351. 

From  judgment  and  order  granting  or  deny- 
ing new  trial  may  be  taken  at  same  time 
on  one  notice  and  undertaking  5348. 

From  judgment  or  order  in  estates.  See 
Estates  of  Deceased  persons. 

From  justice's  court,  court  fee  to  be  paid 
2031. 

From  justice's  court  dismissed,  when,  D.  C. 
rule  xxxvii,  p.  1430. 

From  justice's  court,  disregarded  upon 
failure  of  sureties  to  justify  5792. 

From  justice's  court,  in  district  court  either 
party  may  have  benefit  of  objections  5791. 

From  justice's  court,  legislature  may  pre- 
scribe regarding  (Nev.  Const,  art.  vi, 
sec.  8)  323. 

From  justice's  court,  money  transmitted  to 
clerk  in  lieu  of  undertaking  to  be  paid 
out  on  order  of  district  court  5792. 

From  justice's  court,  on  questions  of  fact  or 
on  both  law  and  fact,  no  statement  but 
trial  anew  5790. 

From  justice's  court,  schedule  of  sections 
5788. 

From  justice's  court,  undertaking  on,  re- 
quirement with  or  without  stay,  deposit, 
justification  of  sureties  5792. 

From  justice's  court,  what  papers  to  be 

•    transmitted  to  district  court  5791. 

From  justice's  court,  when  stay  of  execu- 
tion to  be  ordered,  when  officer  to  relin- 
quish property  5793. 

From  order,  entry  in  trial  court  relating  to 
judgment  in  supreme  court  5360. 

From  order,  what  appellant  to  furnish  ap- 
pellate court  5356. 

How  taken  in  proceedings  in  certiprari  5693. 

If  appellant  fail  to  furnish  requisite  papers, 
may  be  dismissed  5356. 


Appeal— continued. 

If  for  delay  court  may  add  costs  and  dam- 
ages 5359. 

If  judge  or  referee  refuses  to  settle  state- 
ment, same  may  be  settled  by  supreme 
court  5333. 

In  action  of  railroad  company  against  rail- 
road commission  to  set  aside  rate  4564. 

In  civil  action,  special  court  fee  to  be  ad- 
vanced to  clerk  by  party  taking  and 
applied  to  judge's  compensation  (Nev. 
Const,  art.  vi,  sec.  16)  331. 

In  civil  actions,  schedule  of  sections  5325. 

In  contest  for  county  or  township  office,  if 
not  taken  writhin  thirty  days,  and  judg- 
ment annuls  election  certificate,  becomes 
void  is  12. 

In  what  cases  party  aggrieved  may  appeal 
6327. 

Judge  or  referee  may  correct  statement  5335. 

Judgmenton,  how  Certified  andentered 5360. 

Judgment  rendered  on,  has  same  force  as 
other  judgments  in  district  court  5794. 

Made  from  order  based  on  affidavit  must 
have  copy  annexed  5339. 

May  be  taken  by  controller  in  actions  against 
the  state  for  service  or  advances  -author- 
ized by  law  5654. 

May  be  taken  from  judgment  of  district 
court  reviewing  order  of  public  service 
commission  4540  (d). 

May  be  taken  from  municipal  court  to  dis- 
trict court  837. 

May  be  taken  from  order  of  district  court 
authorizing  sale  of  homestead  when  wife 
insane  21  is. 

May  be  taken  to  court  from  refusal  of  board 
of  medical  examiners  to  grant  certificate 
2366. 

May  be  taken  to  supreme  court  in  action 
on  adverse  claim  to  lot  in  federal  town- 
site  1985. 

May  be  taken  to  supreme  court  under  juve- 
nile court  law  753. 

New  trial  allowed  in  garnishment  proceed- 
ings 5191. 

Not  deemed  perfected  until  court  fee  paid 
2031. 

Not  to  be  dismissed  for  irregularity  not  af- 
fecting jurisdiction  or  substantial  rights, 
and  amendment  allowable  5358. 

Not  to  be  dismissed  for  insufficiency  of  no- 
tice, except  for  substantial  error  5358. 

Not  to  be  dismissed  for  insufficiency  of  un- 
dertaking, if  good  undertaking  approved 
and  filed  before  hearing  motion  5358. 

Notice  and  bond  on,  entry  in  justice's  court 
docket  5800. 

Notice  of  appellant  declining  to  admit 
amendment  to  statement  5331. 

On  error  of  law  from  order  granting  or 
refusing  new  trial,  only  exceptions  in  ver- 
ified memorandum  to  be  considered  5322. 

On  ground  that  judgment  is  contrary  to  find- 
ings, may  be  taken  upon  certified  copy  of 
judgment  roll  which  includes  findings 
5342. 

On  judgment  roll  alone  5338. 

On  questions  of  law  alone  from  judgment 
in  justice's  court,  what  statement  must 
contain,  amendments  and  settlement  5789. 


Civil  practice 


INDEX 


2166 


Appeal — continued . 

One  notice  of,  sufficient  on  appeal  from 
judgment  and  from  order  denying  new 
trial  5330. 

Order  of  service  of  notice  and  undertaking 
immaterial  5330. 

Party  failing  to  embody  in  statement  fair 
portion  of  testimony  essential  for  presen- 
tation of  exception,  costs  allowed  oppo- 
site party  5333. 

Party  setting  out  more  of  the  testimony  or 
proceedings  than  necessary  to  present 
exceptions  taken  not  to  recover  costs  for 
surplusage  5333. 

Perfected,  stays  execution  5352. 

Power  of  supreme  court  on  4835. 

Printing  or  typewriting  of  statement  on, 
costs  not  allowed  for  surplusage  5333. 

Proceedings  subsequent  to  judgment  may 
be  set  aside,  affirmed  or  modified  5259. 

Respondent  may  move  for  disposition  of 
motion  to  dismiss  5358. 

Reversal  of  judgment  taken  on  overruling 
of  objection  that  action  in  justice's  court 
is  in  wrong  township  5772. 

Right  of,  upon  bill  of  exceptions  settled  at 
time  of  making  decision,  order  or  ruling 
5343. 

State  and  municipalities  need  not  give  under- 
taking 5346. 

Statement  on,  how  prepared,  served,  filed, 
amended  and  settled  5331. 

Statement  on,  may  be  certified  by  respect- 
ive attorneys  or  by  the  clerk  5356. 

Time  during  which  execution  stayed  omitted 
from  duration  of  judgment  lien  5274,  5277. 

Time  for  brief  or  argument  may  be  short- 
ened or  extended,  S.  R.  xi,  sec.  7,  p.  1424. 

Time  for  filing  statement,  amendments  or 
papers  may  be  enlarged  5336. 

Time  within  which  may  be  taken  5328. 

To  district  court  from  award  for  damages 
for  condemnation" for  highway  3008. 

To  district  court  from  order  of  public  serv- 
ice commission  4540  (d). 

To  district  court,  provisions  relating  to 
change  of  place  of  trial  applicable  5794. 

To  supreme  court,  correction  of  error  or 
defect  in  transcript,  S.  C.  rule  vii,  p.  1423. 

To  supreme  court,  costs,  settlement,  in- 
dorsement on  remittitur,  S.  C.  rule  vi, 
p.  1422. 

To  supreme  court,  fee  2032. 

To  supreme  court,  from  order  granting  or 
denying  change  of  venue,  notice  and  time 
for  hearing,  S.  C.  rule  xxiii,  p.  1425. 

To  supreme  court,  how  cases  to  be  set  and 
submitted,  S.  C.  rule  x,  sec.  3,  p.  1423. 

To  supreme  court,  how  transcripts  to  be 
printed  or  prepared,  S.  C.  rules  iv,  v,  p. 
1422. 

To  supreme  court,  number  of  copies  to  be 
filed,  S.  C.  rule  xiii,  p.  1424. 

To  supreme  court,  objections  to  transcript 
or  papers,  how  must  be  noted,  diminution 
of  record,  S.  C.  rule  viii,  p.  1423. 

To  supreme  court,  payment  of  advance  fee 
required  before  filing,  S.  C.  rule  xxvi,  p. 
1425. 

To  supreme  court,  printing  of  documents 
on  similar  paper,  S.  C.  rule  xii,  p.  1424. 


Appeal— continued . 

To  supreme  court,  rehearing,  when  remit- 
titur may  issue,  reply,  time  may  be  short- 
ened or  extended,  S.  C.  rule  xv,  p.  1424. 

To  supreme  court,  substitution  in  case  of 
death,  S.  C.  rule  ix,  p.  1423. 

To  supreme  court,  time  for  briefs,  S.  C. 
rule  xi,  sec.  1  p.  1423. 

To  supreme  court,  transcripts  and  briefs 
may  be  typewritten,  copies  to  be  served, 
S.  C.  rule  xxv,  p.  1425. 

To  supreme  court,  transcript  of  record  on, 
when  to  be  filed,  S.  C.  rule  ii,  p.  1421. 

To  supreme  court,  what  cases  to  be  placed 
on  calendar,  S.  C.  rule  x,  sec.  1,  p.  1423. 

To  supreme  court,  when  may  be  dismissed 
for  failure  to  file  transcript,  restoration, 
S.  C.rule  iii,  p.  1421. 

Transcript  may  be  either  printed  or  type- 
written, rule  of  costs  5357. 

Ultimate  facts  maybe  specified  in  statement 
instead  of  testimony  by  question  and 
answer  5333. 

Undertaking  for  from  judgment  or  order 
for  money  or  dissolving  attachment  5347. 

Undertaking  on  may  be -waived  5330. 

Undertaking  on  to  be  filed  or  deposit  made 
with  clerk  5330. 

Undertaking  or  deposit  required  5346. 

Want  or  insufficiency  of  finding  not  ground 
for  unless  exceptions  be  made  in  lower 
court  5345. 

What  court  may  review  upon  5340. 

What  entry  to  be  made  by  clerk  of  trial 
court  referring  to  action  of  supreme  court 
5360. 

When  abstract  of  testimony  must  be  filed 
in  supreme  court  5333. 

When  and  how  execution  stayed  in  district 
court  pending,  D.  C.  rule  xxii,  p.  142J). 

When  court  below  may  proceed  upon  in 
matter  not  affected  by  judgment  or  order 
appealed  from  5;>52. 

.  When    findings    contrary  to    judgment  or 
order,  record  5342. 

When  judgment  may  be  reversed  for  want 
or  insufficiency  of  finding  5345. 

When  may  be  taken  without  statement  and 
on  transcript  of  the  pleadings,  judgment 
and  bill  of  exceptions  5343. 

When  motion  for  new  trial  must  be  made 
before,  when  not  necessary  5328. 

WTheii  on  ground  that  evidence  does  not 
support  verdict  or  decision,  testimony 
may  be  inserted  in  statement  at  cost  of 
losing  party  5333. 

When  original  or  copy  of  exhibits  certified 
by  clerk  may  be  brought  up  on  5344. 

When  original  exhibits  not  to  be  sent  up 
upon  without  order  of  supreme  court  5344. 

When  party  may  have  all  testimony  inserted 
in  statement  at  his  own  expense  unless  in 
narrative  form  5333. 

WThen  presumption  that  the  evidence  sup- 
ports the  verdict  and  decision  and  when 
insertion  of  testimony  unnecessary  5333. 

When  right  to  make  statement  or  amend- 
ments is  deemed  waived  5335. 

When  statement  and  amendment  to  be  de- 
livered by  clerk  to  judge  5331. 


2167 


INDEX 


rivil  practice 


Appeal — continued. 

When  statement  may  l>e  settled  and  certi- 
fied by  judge,  referee  or  attorneys  and 
filed  3:;:;;. 

When  statement  may  be  settled  as  directed 
by  supreme  court  5334. 

When  statement  to  be  settled  by  judge  or 
referee  before  or  after  he  ceases  to  act 
5334. 

When  stays  proceedings  except  sale  of  per- 
ishable property  5355. 

When  testimony  to  be  reduced  to  narrative 
form  in  statement  or  amendments  to  pro- 
posed statement  and  when  complete 
transcript  may  be  furnished  5:;:;:;. 

When  undertaking  may  be  in  one  or  several 
instruments  5:J53. 

When  waives  motion  for  new  trial  532X. 
Appearance,  compulsory  process  to  obtain  in 
action  for  divorce  if  necessary  to  dispo- 
sition of  property  or  children  5S39. 

Consent  and  agreement  before  district  judge 
on  adoption  of  children  5X2<>. 

Defendant  may  appear  in  justice's  court 
and  waive  summons  5724. 

Defendant  or  his  attorney  entitled  to  notice 
of  subsequent  proceedings  5:;7I. 

Failure  of  defendant  to  make  within  one 
hour  ground  for  dismissal  of  action  in 
justice's  court  5772. 

Failure  of  either  party  to  make_in  justice's 
court,  trial  may  proceed  5767. 

Failure  to  make  in  justice's  court  waives 
jury  5711(1. 

If  defendant  appear  notice  or  papers  need 
not  he  served,  \\hen  5374. 

In  action  to  rotore  lost  records  5<i34. 

Of  persons  required  when  court  held  at  an- 
other place  1X71. 

Time  for  of  defendant  to  be  specified  in 
alias  summons  in  justice's  court  5729, 
5780. 

Time  of  to  be  entered  in  justice's  court 
docket  5800. 

Voluntary  without  summons  in  justice's 
court  5715. 

Waives  summons  in  civil  action  5016,  5034. 

What  deemed  5:574. 

When  summons  unnecessary  in  quo  war- 
ranto  5665. 

Written  notice  of  5374. 

Appellant,  failure  to  furnish  requisite  papers, 
appeal  may  be  dismissed  535H. 

To  furnish  court  with  transcript,  notice  and 
statement  on  appeal  if  there  be  one  5356. 

When  may  give  undertaking  on  appeal  in 

one  or  several  instruments  5353. 
Appellant  and  respondent,  defined  5327. 
Appellate  jurisdiction,  district  court  has  final 
in  cases  appealed   from    justice's  court 
(Nev.  Const,  art.  vi,  sec.  6)  321. 

Of  supreme  court  4832,  4833. 
Application,  for  discharge  from  arrest  in  civil 
action,  hearing  5117. 

For  discharge  from  arrest  in  civil  action, 
renewal  of  5120. 

For  order,  refused  not  to  be  made  again 
except  to  judge  of  higher  court,  violation 
a  contempt,  order  may  be  vacated  4881, 
4882. 


Application — continued. 

For  rule  or  order  made  to  one  district  judge 
not  to  be  made  to  another  unless  upon 
written  consent,  D.  C.  rule  42,  p.  1431. 

For  taking  deposition  in  district  court, 
D.  C.  rule  xv,  p.  1428. 

For  underground  survey  of  mine,  how  made 
and  served  5511. 

To  file  complaint  in  quo  warranto,  notice 

to  defendant  5664. 

Appointment,  by  governor  or  county  commis- 
sioners of  successor  to  officer  removed  for 
malfeasance  2853. 

( )f  another  to  perform  duties  of  suspended 
revenue  officer  375.",. 

Of  executor,  administrator  or  guardian,  to 
have  court  seal  allixcd  4X79. 

Of  receiver,  when  may  be  made  5193. 
Apportionment,    in    action    for    partition    of 
expenses  previously  incurred  paid  by  ten- 
ant in  common  for  benefit  of  property  5543. 

Of    costs,    in    proceedings    under    eminent 

domain  5H23. 

Appraisers,  district  judge  may  appoint  in 
vacation  1X50. 

How  to  be  selected  on  condemnation  of  land 
for  toll  road  3052. 

May  he  a ppoin ted  to  estimate  value  of  home- 
stead under  execution  2144. 

May  determine  value  of  attached  property 
to  be  released  by  undertaking  5164. 

Or  arbitrators  may  be  appointed  by  district 

court  4X49. 
Apprentice,  action  for  abuse  of  490. 

Action  for  abuse  of,  fees  of  witness  and 
jurors  494. 

Action  for  abuse  of,  verdict,  judgment,  exe- 
cution, costs  492. 

May  recover  damages  from  master  or  mis- 
tress for  breach  of  contract  of  apprentice- 
ship  491. 
Apprenticeship,  proceeding  before  justice  of 

the  peace  to  set  aside  covenants  of  493. 
Arbitration,  appeal    from    decision    of  court 
modifying  award  of  arbitrators  5263. 

Arbitrators  may  be  compelled  by  court  to 
make  award  which  may  be  enforced  as 
judgment  5257. 

Arbitrators  must  be  sworn,  majority  may 
determine  5259. 

Arbitrators  to  appoint  time  and  place  for 
hearing,  oath  to  witnesses,  allegations, 
evidence,  award  5258. 

Award  to  be  in  writing,  judgment  when  to 
be  entered  5260. 

If  submission  be  revoked  and  action 
brought,  only  costs  and  damages  re- 
coverable 5264. 

Of  charges  and  damages  caused  by  hogs 
found  trespassing  2257. 

Proceedings  of  board  of,  for  voluntary  set- 
tlement of  disputes  between  employer 
and  employee  1930-1932. 

Proceedings  under  employers'  liability  act 
i922. 

Schedule  of  sections  relating  to  5255. 

Submission  may  be  made  in  writing  to  one 
or  more  persons  5256. 

Submission  may  stipulate  that  it  be  entered 
as  an  order  of  the  court,  and  filed  with 
the  clerk  5257. 


Civil  practice 


INDEX 


2168 


Arbitration— continued. 

Submission  not  ordered  by  court  may  be 
revoked  before  award  5257. 

Voluntary  for  settlement  of  disputes  between 
employer  and  employee  1930. 

When  court  may  modify  or  correct  a\vard 
5262. 

What  may  be  submitted  to  5255. 

When  award  may  be  vacated  5261. 

When  submission  entered  not  to  be  revoked 

without  consent  of  both  parties  5257. 
Arbitrators,  failure  of,  to  agree  under  em- 
ployers' liability  act   either   party    may 
have  adjudication  by  court  1923. 

Fees  and  expenses  on  voluntary  submission 
of  dispute  between  employer  and  em- 
ployee 1935. 

If  decision  of  unanimous,  under  employers' 
liability  act  to  be  final  and  binding  1922. 

Insolent  behavior  toward  is  contempt  5394. 

Majority  of  may  act  5488. 

On  voluntary  submission  of  dispute  between 
employer  and  employee  may  subpena  wit- 
nesses and  administer  oaths  1932. 

Statement  of  facts  by,  on  proceedings  for 

contempt  5396. 
Argument,  in  mandamus  proceedings  5703. 

In  mandamus  proceedings,  how  heard  5704. 

Judgment  may  be  deferred  for  5266. 

May  be  brought  on  by  either  party  5267. 

On  appeal,  how  limited,  S.  C.  rule  xi,  sec. 
3,  p.  1424. 

Order  of,  on  trial  by  jury  5210. 
Arrest,  and  bail  in  civil  action  5088. 

And  bail,  in  civil  action,  schedule  of  sec- 
tions 5087. 

Children  under,  may  be  taken  directly  to 
juvenile  court  or  ordered  transferred  by 
magistrate  741. 

Civil,  when  members  of  militia,  exempt 
from  4081. 

How  sheriff  or  party  in  civil  action  brought 
by  him  arrested  and  confined  5497. 

In  civil  action,  affidavit,  what  to  contain 
5090. 

In  civil  action,  allowance  of  bail  exonerates 
officer  5105. 

In  civil  action,  bail  may  arrest  defendant 
who  has  been  released  after  arrest  5098. 

In  civil  action,  bail  may  surrender  defend- 
ant 5097. 

In  civil  action,  bond  of  sheriff  liable  for 
escape  of  defendant  5111. 

In  civil  action,  copy  of  affidavit  and  order 
to  be  delivered  to  sheriff  and  defendant 
5093. 

In  civil  action,  defendant  discharged  if  costs 
not  paid  jailer  5123. 

In  civil  action,  defendant  discharged  not 
liable  to  further  arrest  5122. 

In  civil  action,  defendant  may  be  discharged 
upon  giving  bail  or  making  deposit  5095. 

In  civil  action,  defendant  may  move  to 
vacate  arrest  or  reduce  bail  5112. 

In  civil  action,  deposit  in  lieu  of  bail,  cer- 
tificate, discharge  5106. 

In  civil  action,  discharge  from  5114. 

In  civil  action,  discharge  from,  schedule  of 
sections  5114. 

In  civil  action,  discharge,  oath  to  be  taken, 
form  5118. 


Arrest — continued . 

In  civil  action,  discharge  of  defendant  5114. 

In  civil  action,  disposition  of  deposit  5309. 

In  civil  action,  elector  exempt  on  election 
day  (Nev.  Const,  art.  ii,  sec.  4)  253. 

In  civil  action,  excessive  bail,  release  on 
habeas  corpus  5113. 

In  civil  action,  exemption  from  further  ar- 
rest, judgment  to  remain  in  force  5121. 

In  civil  action,  form  and  requirements  of 
undertaking  by  defendant  5096. 

In  civil  action,  hearing  of  application  for 
discharge  5117. 

In  civil  action,  justification  of  bail  5104, 
5108. 

In  civil  action,  new  undertaking  5102. 

In  civil  action,  notice  of  application  for  dis- 
charge 5115. 

In  civil  action,  order  for  may  be  vacated 
5113. 

In  civil  action,  order  for  reduction  of  bail 
or  discharge  of  defendant  5113. 

In  civil  action,  order  for,  requirements  5089, 
5092. 

In  civil  action,  order  of  discharge  5119. 

In  civil  action,  plaintiff  may  order  discharge 
of  defendant  5122. 

In  civil  action,  plaintiff  to  advance  jailer's 
costs  5123. 

In  civil  action,  qualifications  of  bail  5103. 

In  civil  action,  renewal  of  application  for 
discharge  5120. 

In  civil  action,  sheriff  liable  as  bail  5110. 

In  civil  action,  sheriff  must  pay  deposit  into 
court,  liability  on  sheriff's  bond  5107. 

In  civil  action,  undertaking  before  arrest, 
requirements,  justification,  sureties  5091. 

In  civil  action,  undertaking  may  be  sub- 
stituted for  deposit  5108. 

In  civil  action,  void  and  arresting  officer  lia- 
ble for  arresting  witness  subpenaed  5446. 

In  civil  action,  when  bail  exonerated  5100. 

In  civil  action,  when  bail  may  be  charged 
on  undertaking  5098. 

In  civil  action,  when  bail  may  be  sued  5099. 

In  civil  action,  when  members  of  militia 
exempt  from  4081. 

In  civil  action,  when  plaintiff  may  except 
to  bail  5101. 

In  civil  action,  when  sheriff  shall  file  order 
of  arrest,  undertaking  and  copy  with  clerk 
5101. 

In  contempt  proceedings,  how  defendant 
to  be  held  in  custody  5407. 

In  contempt  proceedings,  if  defendant  fails 
to  appear  on  return  day  5406. 

Of  defendant  in  certain  civil  actions  in  jus- 
tice's court  5744. 

Of  defendant  in  civil  action  in  justice's 
court,  affidavit  and  undertaking  5745. 

Of  defendant  in  civil  action  in  justice's 
court,  must  give  undertaking  before  apply- 
ing for  postponement  5759. 

Of  defendant  in  civil  action  in  justice's 
court,  officer  must  give  notice  to  plaintiff, 
return  5747. 

Of  defendant  in  civil  action  in  justice's 
court,  to  be  detained  until  discharged  by 
justice  5748. 

Of  defendant  in  civil  action  in  justice's 
court,  to  be  stated  in  judgment  5775. 


2169 


INDEX 


Civil  practice 


Arrest — cent  i  n  ned . 

Of  defendant  in  civil  action  in  justice's 
court,  to  be  taken  before  justice,  when  to 
be  taken  before  another  justice  5746. 

Of  defendant  in  civil  action  in  justice's 
court,  when  postponement  discharges 
from  5759. 

Of  defendant  in  civil  action  in  justice's 
court,  when  subject  toon  execution  575H. 

Of  elector  on  civil  process  not  to  be  made 
on  election  day  (Nev.  Const,  art.  ii,  sec.  4) 
258. 

Of  person  charged  with  contempt  by  jus- 
tice's court  5797. 

Of  person  in  election  contest,  for  receiving 
fees,  bail  1815. 

of  witness,  for  disobedience,  to  be  under 
warrant  to  and  executed  by  sheriff  5441. 

On  civil  process,  members  of  legislature  ex- 
empt from  during  session  and  for  15  days 
before  (Nev.  Const,  art.  iv,  sec.  11)  2<>(.».' 

Order  of,  in  civil  action  to  be  entered  in 
justice's  court  docket  5800. 

Release  from,  by  bail,  in  contempt  proceed- 
ings ">•;'.  »s. 

Return  of  warrant  and  undertaking  in  con- 
tempt proceedings  old  I. 

Sheriff  to  file  affidavit  and  order  with  clerk 
of  district  court,  I).  C.  rule  xxxiii,  p.  1  }.'5<>. 
Art  curiosities,  exempt  from  execution  5822, 

5828. 
Artesian  wells,  machinery  for  sinking  exempt 

from  execution  5288. 
Assault,  action  for  maybe  brought  within  two 

years  4967. 

Assay,  when  ore  extracted   from   mine  pre- 
sumed to  be  twice  the  value  5509. 
Assembly,  has  sole  power  of  impeachment, 

majority  of  all  members  necessary  (Nev. 

Const,  art.  vii,  sec.  1)  3.'5I. 
Assessment,  and  collection  of  state,  county 
and  township  taxes,  local  or  special  law 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

District  court  has  jurisdiction  of  cases  in- 
volving legality  (Nev.  Const,  art.  vi,  sec. 
6)  321. 

If  legality  of  involved  in  justice's  court, 
case  to  be  transferred  to  district  court  for 
trial  5721. 

In  action  involving  legality,  supreme  court 
has  appellate  jurisdiction  (Nev.  Const, 
art.  vi,  sec.  4)  319. 

Municipal,  jurisdiction  of  municipal  court 
833. 

Special,  action  by  city  for  recovery  of  867. 

Special  by  city,  if  irregular,  court  may  never- 
theless render  judgment  for  expense  868. 

Special  by  city,  roll  and  ordinance  certified 
are  prima  facie  evidence  867. 

Suit  may  be  maintained  for  by  mutual  fire 
insurance  company  against  members  1296. 
Assessor,    and    sureties,   action    against   for 
underassessing  or  failure  to  assess  land 
3889-3840. 

Failing  to  assess  property  liable  for  taxes 
8625. 

Failure  to  make  settlement  for  taxes,  dis- 
trict attorney  to  bring  suit  against  him 
and  sureties,  no  credit  for  delinquent 
,704. 


Assessor— continued. 

May  be  removed  or  suspended  and  another 
appointed  to  perform  duties  pending 
charges  375:5. 

May  force  collection  of  taxes  by  sale  of 
personal  property,  may  give  absolute 
title,  fees  15700. 

Neglect  to  make  monthly  statements  of 
collections  on  personal  property,  pro-: 
ceedings  to  be  commenced  against  3681. 

Property  not  assessed  prima  facie  evidence 

of  neglect  3625. 

Assignee,  cannot  sue  on  counter  claim  not  set 
up  in  justice's  court  5739. 

May  have  execution  issued  on  judgment 
after  death  of  party  5285. 

To  pay  preferred  claim  for  wages  5493. 
Assignment  by  vendor  in  possession  of  goods 
without  delivery  conclusive  evidence  of 
fraud  107S. 

Making  of,  claim  under  employers'  liability 
act  operates  as  of  assignable  cause  of 
action  in  tort  1927. 

Mortgage  or  debt,  county  recorder  to  certify 
copy  as  evidence  3789'. 

Of  negotiable  paper  before  due,  right  of 
action  without  set-off  4988. 

Subject  to  preferred  claim  for  wages  5493, 
5494. 

Unless  in  good  faith  fees  and  salaries  of 
public  officers  are  subject  to  attachment 
and  execution  2861. 

When  void  in  bankruptcy  proceedings  609. 
Assignor,  not  to  testify  when  other  party  to 

transaction  is  dead  5119,  5423. 
Assistance,  writ  of,  may  be  ordered  at  cham- 
bers 4SI3. 

Association,  associates  may  be  used  by  com- 
mon name,  summons,  judgment  5007. 

District  court  may  order  for  sale  or  mort- 
gaging of  property  of  1369. 

Included  in  word  "  person"  5475. 
Attachment,  actions  in  which  may  issue  5147. 

Additional  bond  may  be  required  5149. 

Affidavit  for  5148. 

Amendments  to  be  liberally  allowed  in 
garnishment  proceedings  5190. 

Answer  of  claimant  in  garnishment  pro- 
ceedings 5180. 

Answer  of  garnishee,  reply  5178. 

Attached  property  may  be  ordered  sold  by 
court  or  judge  5158. 

Clerk  to  issue  upon  filing  affidavit  and  un- 
dertaking 5148,  5149. 

Costs  in  garnishment  proceeding,  garnishee 
when  entitled  to  fees  5189. 

Court  may  direct  to  make  order  effectual 
regarding  children  in  action  for  divorce 
5840. 

Credits  or  property  in  possession  of  an- 
other, how  atached  5153,  5169. 

Debts  owing  by  municipal  or  other  corpo- 
rations may  be  garnished  5154. 

Debts  to  be  collected,  sheriff  to  give  receipt 
5157. 

Discharge  of  garnishee  does  not  bar  action 
by  defendant  5183. 

Disposal  of  property  received  by  sheriff 
from  garnishee  after  payment  or  per- 
formance 5187. 


Civil  practice 


INDEX 


2170 


Attachment — continued . 

Fees  and  salaries  of  persons  holding  office 

or  positions  under  state  subject  to  2864. 
For  contempt,  when  to  issue  531*7. 
For  license,  3737. 
Form  of  garnishment  writ  5171. 
Garnishee  may  be  cited,  examined  and  sued 

5177. 
Garnishee  may  be  ordered  to  appear  before 

the  court  5170* 

Garnishee  may  be  required  to  deliver  prop- 
erty to  sheriff  5155,  5175. 
Garnishee  may  deduct  sums  due  him  by 

either  party,  record  of  judgment,  counter- 
claim 5181. 
Garnishee  may  deliver  property  or  money, 

release,  return  5175. 
Garnishee  may  pay  indebtedness  or  deliver 

property  and  be  discharged  5180. 
Garnishee   to  deliver   property  to  sheriff, 

sale,  judgment  against  garnishee  5175. 
Garnishee  to  file  answrer  under  oath,  fee, 

interrogatories  5174. 
Garnishment   issuable   with  or    afterward 

5169. 
Garnishment  proceedings  may  be  had  after 

judgment  5190. 

How  executed  5150-5157,  5168-9,  5173. 
How  levied  upon  mortgaged  personal  prop- 
erty 1080. 
If  properly  issued  maybe  discharged  unless 

affidavit  or  undertaking  amended  5167. 
If  attached  property  insufficient,  deficiency 

to  be  satisfied  by  execution  5160. 
In  civil  action  in  justice's  court,  undertak- 
ing, exception  to  sureties,  justification, 

waiver  5750. 

In  civil  action  in  justice's  court,  undertak- 
ing for  release  of  5751. 
In  district   court,  additional  undertaking 

may  be  required  or  attachment  dissolved, 

D.  C.  rule  xx,  p.  1428. 
In  district  court,  not  to  be  dissolved   for 

defect  in  papers  that  can  be  amended 

without  affecting  substantial  rights,  D.  C. 

rule  xx,  p.  1428. 
In   justice's  court,  certain  sections  made 

applicable  5752. 
Inventory  of  property  attached  to  be  made 

by  sheriff  5156. 
Judgment  acquits  garnishee  for  amounts 

paid  and  demands  5182. 
Judgment  against  garnishee  5177. 
Judgment  against  garnishee  for  debt  not 

due,  execution  deferred  5184. 
Judgment  against  garnishee  on  failure  to 

answer  5175. 
Judgment,  when  answer  of  garnishee  and 

no  reply  5178. 
Justification  of  sureties  on  undertaking  for 

release  5164. 

Liability  of  sheriff  for  failure  to  execute  1651 . 
Lien  against  upon  ore    sold  at   reduction 

works  5492. 
Lien  on  bullion  5492. 
Material  furnished  for  building  exempt  from 

2225. 
May  be  levied  upon  live  stock  herded   or 

grazed  upon  land  of  another,  preferred 

lien  2336. 


Attachment — continued. 

May  be  levied  upon  mortgaged  personal 
property,  including  growing  crops  1080. 

May  issue  on  nonjudicial  day,  what  affida- 
vit to  state  4870. 

May  issue  to  compel  attendance  of  witness 
in  contest  for  county  or  township  office 
1809. 

Motion  to  discharge  writ  for  irregularity  5165. 

New  matter  in  plaintiff's  reply  to  answer  of 
garnishee  deemed  denied,  trial,  judgment, 
costs  5179. 

New  trials  and  appeals  allowed  in  garnish- 
ment proceedings  as  in  other  cases  5191. 

Not  to  be  levied  in  action  on  claims  against 
bank  in  hands  of  bank  examiner  671. 

Not  to  be  levied  on  benefit  from  insurance 
on  assessment  plan  1318. 

Of  fee  or  salary  of  public  officer,  auditor, 
treasurer  or  disbursing  officer  may  pay 
into  court  2865. 

Of  witness,  district  court  may  compel  obe- 
dience to  subpena  of  railroad  commission 
by  4561. 

Party  refusing  to  give  memoranda,  may  be 
required  to  pay  costs  of  obtaining  infor- 
mation 5156. 

Person  owing  defendant  may  be  examined 
under  oath  5155,  5170,  5174. 

Personal  property  to  be  sold  5157. 

Proceeds  of  attached  property  to  be  applied 
in  satisfaction  of  judgment  5159. 

Property  held  under,  subject  to  execution 
52S7. ' 

Property  pledged  to  garnishee  to  deliver  on 
payment  or  performance  5185,  5186. 

Release  of  by  giving  undertaking  5163,  5164. 

Schedule  of  sections  relating  to  5147. 

Service  of  garnishment  gives  court  jurisdic- 
tion to  proceed  against  garnishee  5173. 

Several  writs  may  be  issued  to  sheriffs  of 
different  counties  5150. 

Sheriff  to  give  receipt  for  debt  garnished 
5157. 

Third  person  may  be  interpleaded,  notice, 
proceedings,  judgment  5180. 

Time  for  appealing  from  order  dissolving 
or  refusing"  to  dissolve  5329. 

Undertaking  and  order  for  release  of,  jus- 
tification of  sureties,  notice  5150, 5163, 5164. 

Undertaking  and  property  to  be  delivered 
to  defendant  if  he  recovers  judgment  5162. 

Undertaking  for  release  of,  may  be  enforced 
5161. 

Undertaking  for  release,  value  of  property 
may  be  determined  by  appraisers  5164. 

Undertaking  for,  sureties,  amount  5149. 

Wages,  preferred  claims  against  5494. 

What  property  subject  to  5150. 

When  garnishee  liable  for  contempt  for 
failure  to  deliver  5188. 

When  garnishee  may  be  released  from  lia- 
bility 5175. 

When  issued  in  civil  action  in  justice's  court 
5749,  5750. 

When  not  to  be  issued  on  claim  against 
closed  bank  671. 

Witnesses  may  be  subpenaed  to  testify 
against  garnishee  5177. 

Writ  of  garnishment,  service,  return,  alias 
writs  5172. 


2171 


INDEX 


Civil  practice 


Attachment — continued. 
Writ  of,  in  civil  action  in  justice's  court, 

substance  of,  several  may  be  issued,  to 

different  sheriffs  5751. 
Writ   of,  in  justice's  court,  for  service  in 

another  county,  to  have  certificate  under 

seal  of  county  clerk  5751. 
Writ  of,  issuance  of  to  be  noted  in  justice's 

court  docket  5800. 

Writ  of,  to  be  directed  to  sheriff,  how  exe- 
cuted 5150. 

Writ  of.  when  to  be  returned  5168. 
Attendance  of  prisoner  as  witness,  how  ob- 
tained 5312,  5343,  5344. 

Attestation  of  instrument,  statute  relating  to 
competency   of   witnesses   does  not   apply 
5419. 
Attorney.    See  Counsel,  under  Civil  Practice, 

Criminal    Practice,   Estates  of  Deceased 

Persons. 
Absence  of,  when  questions  may  be  heard 

on  law  day  in  district  court,  I>.  (\  rule  v, 

p.   1  J26. 

Admission  of  4W-505. 
Advertising  for  divorce  business  iMi'rJ. 
Any  person   except   constable  may  appear 

as  in  justice's  court  5725. 
Appointed  to  defend  criminal  prosecution, 

compensation  75 10,  75 1 1 . 
Authority,  change,  notice,  death,  removal 

507,  510. 

City  attorney  to  be  S20. 
Clerk  of,  may  verify  cost  bill  53S7. 
Clerk  of,  when  not  to  testify  5426, 
Conviction  of,  effect  512. 
Counselors  498. 

Disbarment  or  suspension  5ll-5:M. 
District  attorney  must  be  525. 
Entitled    to     notice    of     proceedings     after 

appearance  5374. 
Estates  of  deceased  persons,  appointments 

in.     See  Estates  of  Deceased  Persons. 
Examination,  time,  place  and  subjects,  S.C. 

rule  i,  sees.  1-5,  p.  1421,  500-504. 
Fee,  fixed  by  court  in  action  on  bond  for 

construction  of  railroad  fence  under  emi- 
nent domain  5619. 
Fee  for  admission,  S.  C.  rule  i,  sec.  5,  p. 

1421,500,503,2006,3953. 
Female  may  be  499. 
For  absent  heirs  5872,  6047. 
In  case,  not  entitled  to  fee  as  witness  2038. 
Judge,  must  be  525. 

Not  to  act  as  unless  party  4866. 

Not  to  have  partner  in  practice  4857. 
Judgment,  disbarment  or  suspension  523. 
Library  and  certain  property  of    exempt 

from  execution  5288. 
License  501,  503,  506. 
May  acknowledge  satisfaction  of  judgment 

5279. 
May  apply  to  clerk  to  open  deposition  in 

district  court,  D.  C.  rule  xvi,  p.  1428. 
May  be  appointed  for  child  under  juvenile 

court  law  742. 
May    bring    action    in    quo    warranto    for 

usurpation  of  public  office  5660. 
May  certify  to    statement    and   papers    on 

appeal  5356. 
May  give  written  notice  of  appearance  5374. 


Attorney— continued. 
May  make  affidavit  to  accompany  summons 

against  parties  served  after  judgment  in 

action  on  joint  contract  5245. 
May  move  for  speedy  trial  in  quo  warranto 

6680. 
May  receive  money  and  enter  satisfaction 

of  judgment  507. 
May  subscribe  to  pleading  5060. 
May  use    instructions  in  addressing  jury, 

D.  C.  rule  xl,  p.  1  KM. 

Name  of  plaintiffs  to  be  indorsed  on  sum- 
mons in  justice's  court  5727. 
Not  to  be  partner  of  judge  or  justice  of  the 

peace  48(57. 
Not  to   be   received    as   surety  in    district 

court,  D.  C.  rule  xiv,  p.   1  12S. 
Not  to  testify  regarding  communication  of 

client,  when  5425. 
Notice  of  hearing  in  justice's  court,  when 

to  be  given  to  5733. 

Oath  (S.  C.  rule  i,  sec.  6,  p.  1421 )  500,  503. 
Obtaining    order    or   judgment    in  district 

court  to  furnish  form  to  clerk,  D.  C.  rule 

xxxii,  p.  1430. 

Or  clerk  may  verify  cost  bill  5387. 
Partner  of  district  attorney,  when    not   to 

appear  in  action  by  or  against  state  or 

county  1610. 
Pleadings   subsequent  to  complaint    to  be 

served  upon  5077. 
Practicing  without  license  50<i. 
Proceedings  and  judgment  for  disbarment 

513-523. 

Roll  of  502,  505. 

Secretary,  when  not  to  testify  5425. 
Service  of  papers  upon  6367-6369. 
Sheriff  not  to  practice  as  1646. 
Suspension  511-524. 
To  verify  memorandum   of  exceptions  on 

error  of  law  occurring  at  trial  5322. 
What  papers  may  be  served  upon  5375. 
When  judge  not  to  act  as  4866. 
When  may  be  appointed  guardian  ad  litem, 

compensation,  D.  C.  rules  xxix  and  xxx, 

p.  1430. 
When  may  certify  to  statement  on  appeal 

5337. 

When  may  verify  pleadings  5064. 
When  not  to  be  witness  in  district  court, 

not  to  comment  on  own  testimony,  D.  C. 

rule  xiii,  p.  1428. 

When  service  may  be  made  upon  for  non- 
resident 5375. 

Witness  fees,  not  entitled  to  2038. 
Attorney's  fee,  fixed  by  court  in  action  on 

bond  for  construction  of  railroad  fence 

under  eminent  domain  5619. 
Governed  by  agreement,  lien  for  5376. 
In  action  for  damages  for  herding  or  graz- 
ing live  stock  on  lands  of  another  2336. 
Recoverable  as  costs  in  justice's  court  5814. 
Recoverable  by  prevailing  party  in  action 

by  workman  caused  to  change  place  of 

employment  by  misrepresentation  1938. 
Recoverable    by    prevailing    party    under 

employers'  liability  act  1923. 
Attorney's  secretary  or  clerk,  when  not  to 
testify  5425. 


Civil  practice 


INDEX 


2172 


Attorney-general,  duty  to  proceed  against 
district  attorney  for  failure  to  bring  action 
against  mining  company  failing  to  file 
statement  1338. 

May  bring  action  for  penalty  against  for- 
eign corporation  failing  to  file  annual 
statement  1354. 

May  move  for  speedy  trial  in  quo  warranto 
5680. 

May  request  district  attorney  to  bring  action 
for  removal  of  county  commissioners 
authorizing  contract  when  money  not  in 
treasury  3830,  3834. 

May  request  district  attorney  to  bring  action 
for  removal  of  county  commissioners 
voting  for  excess  taxes  3828. 

Need  not  verify  pleadings  in  action  bv  state 
5064. 

To  be  counsel  in  action  or  proceeding  by 
or  against  public  service  commission  4544. 

To  contest  application  for  patent  if  land 
contains  mineral  4143. 

To  defend  in  actions  against  the  state  for 
services  or  advances  authorized  by  law, 
controller  to  produce  evidence  and  may 
appeal  5654. 

To  direct  action  brought  to  remove  county 
commissioners  3830-3834.- 

To  prosecute  contest  for  state  office  1823. 

When  shall  commence  action  in  quo  war- 
ranto 5658. 

When  to  bring  action  against  foreign  cor- 
poration for  doing  business  without  filing 
certificate  1350,  1354. 
Attorney  in  fact,  to  be  recognized  by  referees 

in  action  for  partition  5579. 
Auctioneer,  or  constable  to  sell  baggage  left 

at  hotel  or  lodging-house  2153. 
Auction  sale,  of  goods,  when  memorandum 

of  auctioneer  is  contract  of  sale  1077. 
Auditor,  if  fee  or  salary  of  public  officer  gar- 
nished, may  pay  into  court  2865. 

May  be  removed  or  suspended  and  another 
appointed   to    perform    duties    pending 
charges  3753. 
Authenticated  copy  location  notice  evidence, 

when  2424.     See  Mines  and  Mining. 
Authentication,  of  copy  of  record  or  docu- 
ment, how  seal  to  be  attached  5481. 

Of  copy  of  record  to  have  court  seal  affixed 
4879. 

Of  records  under  act  of  Congress  526-529. 
Award,  of  arbitrators  5258. 

Judgment,  when  to  be  entered  5260. 

May  be  compelled  and  may  be  enforced 
as  judgment  5257. 

On  voluntary  submission  of  dispute 
between  employer  and  employee  1930. 

Under  employers'  liability  act  1922,  1923. 

When  court  may  modify  or  correct  5262. 

When  may  be  vacated  5261. 
Baggage,  left  at  hotel  or  lodging-house  may 
be  sold  2152,  215a 

Refusal  to  issue  check,  failure  to  deliver, 
damages,  evidence,  liability  3553. 

Wilfully  or  carelessly  injured  by  railroad 

employee  6755. 

Bail,  allowance  of  on  arrest  in  civil  action 
exonerates  officer  5105. 

Bond  in  contempt  proceedings,  form  and 
conditions  5400. 


Bail — continued. 

Exonerated  on  commitment  for  insanity 
of  accused  person  7391. 

If  defendant  in  prison  for  want  of,  entitled 
to  notice,  when  5374. 

In  civil  action,  may  be  charged  on  under- 
taking if  defendant  not  arrested  or  sur- 
rendered 5098. 

In  civil  action,  when  exonerated  51ln... 

Justification  of  on  arrest  in  civil  action 
5104,  5108. 

May  arrest  defendant  who  has  been  re- 
leased from  arrest  in  civil  action  5098. 

May  be  forfeited  in  contempt  proceedings 
if  defendant  fails  to  appear  on  return 
day,  measure  of  damages  5406. 

May  be  given  by  person  arrested  in  con- 
tempt proceedings  5398. 

May  surrender  defendant  who  has  been 
released  from  arrest  in  civil  action  5097. 

Notice  of  justification  of  on  undertaking 
on  arrest  in  civil  action  5102. 

On  arrest  in  civil  action  5091. 

On  arrest  in  civil  action,  deposit  in  lieu 
of,  certificate,  discharge  5106. 

On  arrest  in  civil  action,  may  be  reduced 
on  habeas  corpus  5112,  5113. 

On  arrest  in  civil  action  maybe  sued  5099. 

On  arrest  in  civil  action,  to  be  specified  in 
order  5092. 

Qualifications  of  on  arrest  in  civil  action 
5103. 

Upon  giving, defendant  maybe  discharged 
from  arrest  in  civil  action  5095. 

When  party  receiving  fees  may  be  held 

to  in  election  contest  1815. 
Bailiff,  duties  of  4916,  4919. 

Of    supreme    court,     sheriff    of    Ormsby 

County  4888. 
Bailment,  sales  of  unclaimed  property  530- 

542. 

Bank,  cannot  plead  statute  of  limitations  in 
action  to  recover  deposit  4974. 

Closed  by  bank  examiner,  action  on  re- 
"jected  claims  against  to  be  brought 
within  three  months  after  notice  671. 

If  in  hands  of  bank  examiner,  attachment 
or  execution  not  to  be  levied  to  enforce 
claim  671. 

In  hands  of  bank  examiner,  notice,  pres- 
entation and  proof  of  claims  671. 

Liability  of  stockholders  to  creditors  627. 

May  apply  to  district  court  to  enjoin  pro- 
ceedings of  bank  examiner  675. 

Violation  of  banking  law  authorizes  annul- 
ment of  charter  626. 

When  bank  examiner  may  be  enjoined 
from  taking  possession  675. 

When  deemed  insolvent  629. 
Bank  examiner,  to  give  notice  and  how  to 

act  on  claims  against  closed  bank  671. 
Bankrupt,  action  by  or  against  553. 
Bankruptcy,   Congress  has  power  to  estab- 
lish   uniform    rules    relating   to  (U.    S. 
Const)  114. 

Evidence  563. 

Exemptions  allowed  bankrupt  under  state 
law  548. 

Jurisdiction  of  United  States  and  state 
courts  565. 

Jury  trial  may  be  had  r»»;i. 


2173 


INDEX 


Civil  practice 


Bankruptcy — continued. 

Lions  preferred  claims,  when  assignments 

void  609. 
Person  against  whom  involuntary  petition 

filed  may  have  jury  561. 
Time     within     which     action     must     be 

brought  against  trustee  553. 
When    assignments   within   three   months 

previous  to  tiling  petition  void  609. 
Battery,  action   for  may  be  brought  within 

two  years  4967. 

Beet  sugar,  eminent  domain  may  be  exer- 
cised for  pipe  lines  5606. 
Bill,  copy  of  as  complaint  in  justice's  court 

5736. 
Bill  of  exceptions,  may  be  settled  by  judge 

after  expiration  of  term  5489. 
May  be  taken  and  settled  at  time  of  deci- 
sion,   order    or    ruling,    only    pertinent 
facts  to  be  stated  5343. 
Signed  by  judge  after  expiration  of  term 

lias  legal  effect  54!M>.  r.l'.H. 
Bill  of  particulars,  may  be  required  5067. 
Hills    of    exchange,    or    other    instruments, 
when  admitted  in  justice's  court  unless 
denied  by  verified  answer  577<>. 
Parties    and    liability    of    in    actions    on, 

schedule   of   sections   2548. 
Blanks,   must    be  tilled    in   all   papers  except 
snbpenas    before    issuance   by   justice   of 
the  peace  5809. 

Board  of  county  commissioners,  may  instruct 
district  attorney  to  bring  suit  against 
assessor  for  failure  to  make  settlement 
for  taxes  3704. 

May  order  sale  of  property  bid  in  by 
county  treasurer  for  delinquent  taxes 

May  revoke  licenses  3868. 

To  appoint  successor  to  officer  removed 
for  malfeasance  2853. 

\\hen  to  pay  fees  and  costs  from  sale  of 
property  bid  in  uy  county  treasurer  in 
action  for  delinquent  taxes  3673. 
Board  of  examiners,  when  action  may  be 

brought  on  claim  rejected  by  5653. 
Boilermakers,  lien  of  2231. 
Bond,  action  upon,  justice's  court  has  juris- 
diction if  amount  does  not  exceed  $300 
5714. 

Additional  maybe  required  on  attachment 
5149. 

Affidavit  and  justification  of  sureties  gen- 
erally 5484,  5485. 

Attorney  not  to  be  received  as  surety  in 
district  court,  D.  C.  rule  xiv,  p.  1428. 

Copy  of  as  complaint  in  justice's  court 
5736. 

For  bail  in  contempt  proceedings,  form 
and  conditions  5400. 

For  obedience  to  order  regarding  children 
in  action  for  divorce  5840. 

For  payment  of  judgment  when  adjourn- 
ment for  more  than  ten  days  in  justice's 
court  5760. 

In  action  in  quo  warranto  for  usurpation 
of  public  office  5660. 

In  justice's  court,  deposit  may  be  made 
in  lieu  of  in  all  cases  5816. 

Not  required  of  state,  municipality  or 
public  officer  as  party  to  action  5487. 

137 


Bond — continued. 

Of  assessor,  action  on  for  underassessing 
or  failure  to  assess  land  3839,  3840. 

Of  county  recorder,  action  on  for  enter- 
ing satisfaction  of  mortgage  without 
affidavit  that  taxes  are  paid  3755. 

Of  guardian  ad  litem,  D.  O.  rule  xxxi,  p. 
1430. 

Of  guardian,  different  actions  may  be 
maintained  upon  6184. 

Of  guardian  of  insane  person  for  payment 
of  expenses  in  advance  to  secretary  of 
state  2201. 

Of  guardian,  time  within  which  action 
may  be  brought  against  sureties  6185. 

of  sheriff,  liable  for  deposit  on  arrest  in 
civil  action  5107. 

Of  sheriff,  liable  for  escape  of  defendant 
arrested  in  civil  action  5111. 

Of  trustee  appointed  on  dissolution  of 
corporation  in  quo  warranto,  suit  may 
oe  brought  on  5673. 

Official,  may  be  furnished  by  surety  com- 
pany 2888. 

otlicial  or  statutory,  how  sureties  may  be 
released,  liability  2888. 

<  uncial,  to  State  of  Xevada,  action  may 
be  brought  on  in  his  own  name  by  any 
person  injured  2870. 

On  appeal,  affidavit  of  sureties,  waiver, 
deposit  in  lieu  of,  exception  to  sureties 
6354. 

On  appeal  and  stay  of  execution  in  action 
for  forcible  entry  or  unlawful  detainer 
6001, 

on  appeal,  entry  of  in  .justice's  court 
docket  fiSOO. 

On  appeal,  from  justice's  court,  require- 
ments with  or  without  stay,  deposit, 
justification  of  sureties  5792. 

On  appointment  of  elisor  5495. 

On  motion  for  continuance  by  defendant 
in  action  for  forcible  entry  or  unlawful 
detainer  5597. 

Surotv  company  may  act  as  solo  surety 
096. 

Surety  company  or  cash  may  be  accepted 
in  place  of  personal  sureties  5486. 

To  be  executed  by  railroad  company  for 
building  of  fences  in  proceeding  under 
eminent  domain  5619. 

To  defendant  when  plaintiff  occupies 
premises  pending  proceedings  in  emi- 
nent domain  5615. 

To  stay  execution  of  judgment  or  order 

pending  appeal  5351. 

Books,  bringing  of  by  witness  may  be  re- 
«  ui  red  5431. 

Judgment  for  delivery  of  in  quo  warranto 
5067. 

Of  corporation  may  be  ordered  delivered 
to  trustee  on  dissolution  in  quo  war- 
ranto 5675. 

Of  public  utility,  public  service  commis- 
sion may  require  production  of  4529, 
4531. 

Witness  may  be  compelled  to  produce  5416. 
Breach  of  peace,  when  punishable  as  con- 
tempt in  justice's  court  5795. 
Bribery,  conviction  of  excludes  from  jury 
unless    restored    to    civil    rights  (Nev. 
Const,  art.  iv,  sec.  27)  285. 


Civil  practice 


INDEX 


2174 


Bribery — continued. 

In  relation  to  election  or  procurement  of 
office    disqualifies    from    holding    office 
(Xev.  Const,  art.  iv,  sec.  10)  268. 
Bridges,  eminent  domain  may  be  exercised 

for  5606. 
Measure  of  damages  for  cutting  timber 

for  repair  of  5507. 

Briefs,    on   appeal    to   supreme   court,    how 
may  be  typewritten,   filed  and   served, 
S.  C.  rule  xxv,  p.  1425. 
On  appeal  to  supreme  court,  time  for  may 
be  shortened  or  extended,  S.  C.  rule  xi, 
sec.  7,  p.  1424. 
Brother,  when  entitled  to  damages  for  death 

by  wrongful  act  5648. 

Bullion  and  gold  dust,  to  be  returned  as 
money  and  not  sold  under  execution 
5287. 

Lien  and  attachment  5492. 
Preferred  lien  upon,  when  sold  at  reduc- 
tion works  5492. 

Burden  of  proof,  in  action  of  railroad  com- 
pany against  railroad  commission  to 
set  aside  rate  4564. 

In  action  to  review  order  of  public  serv- 
ice commission  4540 (e). 
Cabinets,  specimen  mineral,  geological,  art 
or  paleontological  exempt  from  execution 
5822-5824. 

Calendar,  of  court,  how  made  up  5200. 
Of  district  court,  D.  C.  rule  ii,  p.  1425. 
Of  district  court,  calling,  order,  disposal 

of  business,  D.  C.  rule  iv,  p.  1426. 
Of  district  court,  showing  business  to  be 
delivered  by  clerk  to  judge,  D.  C.  rule 
ii.  sec.  3,  p.  1426. 

Of   supreme  court,   to  be  called   on   first 

day  of  term,  what  cases  to  be  set,  how 

to  be  submitted,  S.  C.  rule  x,  sec.  3,  p. 

1423. 

Of  supreme  court,  what  cases  to  be  placed 

on,  S.  C.  rule  x,  sec.  1,  p.  1423. 
"Calendar  month,"  when  means  word  month 

unless  otherwise  expressed  5475. 
Canals,  eminent  domain  may  be  exercised 

for  5606. 
Canyon,  right  of  way  through  for  road  and 

railroad  5628. 
Capitol,  terms  of  supreme  court  to  be  hold 

at  (Xev.  Const,  art,  vi,  sec.  7)  322. 
Catalogues  to  be  kept  of  specimens,  ores  or 

curiosities  exempt  from  execution  5824. 
Cattle  guards,  recovery  of  cost  under  bond 
for  construction  of  railroad  fences  in  pro- 
ceedings under  eminent  domain  5619. 
Cause  of  action,  joinder  5039. 

When    successive   actions   may   be   main- 
tained on  5477. 
Cause  or  controversy,  may  be  submitted  and 

determined  without  action  5252. 
Cemeteries,  eminent  domain  may  be  exer- 
cised for  5606. 

Certificate,  and  seal  of  county  clerk  to  be 
attached  to  summons  in  action  in  jus- 
tice's court  to  be  served  out  of  town 
5732. 
And  seal,  to  prove  records*  of  other  states 

5410. 
Filing  of  paper  includes  2036. 


Certificate — continued. 

For  authentication  of  records  under  act 
of  Congress  526-529. 

How  seal  to  be  attached  5481. 

Of  acknowledgment,  to  have  court  seal 
affixed  4879. 

Of  clerk  for  stay  of  execution  pending 
motion  for  new  trial  in  district  court, 
D.  C.  rule  xxvi,  p.  1429. 

Of  clerk  of  district  court  that  appeal  is 
perfected,  when  to  stay  execution,  D.  C. 
rule  xxii.  p.  1429. 

Of  clerk  or  judge,  consul,  minister  or  eni- 
bassador  to  judicial  record  of  foreign 
country  5411. 

Of  clerk,  to  signature  of  judge  taking  affi- 
davit out  of  state  5453. 

Of  county  surveyor  or  deputy  may  be 
submitted  as  evidence,  16(57. 

Of  district  judge  as  to  which  justice  of 
the  peace  is  successor  when  two  equally 
entitled,  to  be  filed  with  county  clerk 
5807. 

Of  election,  becomes  void  if  no  appeal 
taken  within  thirty  days  from  judg- 
ment of  district  court  annulling  election 
1812. 

Of  election,  to  be  issued  by  clerk  of  board 
of  county  commissioners  in  accordance 
with  judgment  1810. 

Of  foreign  corporation,  if  not  filed  with 
secretary  of  state  action  not  to  be 
brought  or  defended  1350. 

Of  incorporation  certificate,  when  is  evi- 
dence 1221. 

Of  foreign  corporation  not  filed,  other 
proof  1347. 

Of  indebtedness,  against  county  not  pre- 
sented within  six  months  after  notice 
that  it  is  payable,  funds  may  be  paid 
for  other  purposes,  but  demand  becomes 
due  on  re-presentation  1563. 

Of  judge  or  referee,  to  settlement  of  state- 
ment on  appeal  and  filing  o337. 

Of  judgment  of  supreme  court,  to  be  en- 
tered in  trial  court  5360. 

Of  redemption  of  real  property  sold  under 
execution,  to  be  acknowledged  and  re- 
corded 5301. 

Of  sale  of  real  estate  under  execution, 
what  to  state,  duplicate  to  be  filed  with 
county  recorder  5298. 

Of  sale,  to  include  all  property  sold  for 
taxes  bid  in  by  county  treasurer,  record- 
ing 3669. 

Of  sale  under  execution,  conveys  all  right 
debtor  had  in  property  on  day  execu- 
tion levied  5296,  5297. 

Of  secretary  of  state  to  qualifications  of 
surety  company,  evidence  698. 

Of  stock  of  corporation,  district  court  may 
order  new  issued  in  lieu  of  one  lost  1165. 

Of  survey  of  mine  by  licensed  surveyor, 
when  prinia  facie  evidence  2429. 

Physician's  on  commitment  of  insane  per- 
son to  be  transmitted  to  asylum  2204. 

To  purchaser  on  sale  by  assessor  of  per- 
sonal property  for  delinquent  taxes  3679. 

When  to  be  issued  by  district  judge  to 
new  officers  on  removal  of  officers  of 
corporation  1182. 


2175 


INDEX 


Civil  practice 


Certified  copy,   of  affidavit  filed  with  testi- 
mony taken  for  perpetuation  prima  fade 

evidence  of  facts  54(59. 
Of  delinquent  tax  list  is  evidence  :i(55.x. 
Of  incorporation  of  athletic,  historic,  scien- 
tific   or    literary    societies    prima    facie 

evidence  1384. 
Of    incorporation   of   W.    (1.   T.    U.   prima 

facie  evidence   l4."»T. 
of     instrument     affecting     real     property, 

when  may  lie  read  in  evidence  5414. 
Oi    judicial    record    of   this    state   or   the 

I'ni ted  States  is  evidence  5408. 
OI    order    of    railroad    commission    prima 

facie  evidence  4565. 
Of  record  in  oflico  of  county  recorder  may 

lie  read   in  evidence   Km  I. 
Of  record  of  instrument  recorded  in  oilier 

of  county  recorder  may  he  read  in  evi 

deuce   iciu. 
Of  record  of  notary  puhlic  or  predecessor. 

when  prima  facie  evidence  275 1.  2759. 
of    record    of    this    state    or    the    United 

States  oilier  than  judicial  in  custody  of 

public    nilicer    or    certified    or    verified 

copy  may  he  read  in  evidence  5Hi'.». 
of    record    relating    to    naturalization    is 

evidence  25  H . 

Of   restored    records   validated   5(J.",9. 
of  will  admissible  in  evidence  .»S7T. 
Or   record  of   Tnited    States  or  state  pat- 
ent,  when   admissible   in   evidence  5J15. 
Cortiorari,    amendment    of    return,    hearing. 

judgment  5691. 
Application    for    writ    on    allidavif.    when 

court  may  grant  56X5. 
IHstrict  court  or  judge  may  issue  4840. 
District   judge  may   trv  and  determine  at 

chambers  -JST.1,. 
i;.\t«-iit  of  review  under  56'.«». 
In  issuance  <f  writ,  words  requiring  stay 

may  be  omitted  5688. 
Manner  of  service  of  writ  5689. 
Xew   trial  and   appeal   may  be  had  as   in 

civil  cases  r.Ti:1,. 
Not    to    issue    by    supreme    court    except 

r.p-m    order    after    showing,    S.    C.    rule 

xviii.  p.  1424. 
Order  to  show  cause  why  writ  should  not 

be  granted  r>G85. 
Provisions    relating    to    civil    actions    are 

applicable  5712. 
Return   and  hearing  may  be  had  at  any 

time  5711. 

Return  of  writ  56X4,  56X6. 
Schedule  of  sections  relating  to  5683. 
Supreme    court    or    justice    thereof    may 

issue  (Nev.  Const.)  319,  4834.  S.  C.  rule 

xviii,  p.  1424. 

To  whom  writ  may  be  directed  5084,  5686. 
Transcript  of   record   to   be   returned   in 

proceeding  5687. 

Transmission  of  copy  of  judgment  to  in- 
ferior tribunal  or  officer  5692. 
What    constitutes    judgment-roll,    appeal, 

how  taken  5693. 
What  to  command  5687. 
When    writ    may    be    granted    and    how 

returnable  5684. 

Writ  of  denominated  writ  of  review  5683. 
Writ  of,  district  court  or  judge  may  issue 

(Xev.  Const,  art.  vi,  sec.  6)  321. 


Certiorari — continued. 

Writ    of,    supreme    court    empowered    to 

issue  (Xev.  Const,  art.  vi,  sec.  4)  319. 
Challenges,  peremptory  to  jurors  5205. 
To  jurors,  how  tried  5207. 
To  jurors  in  civil  action  in  justice's  court, 

grounds  and  number  5678. 
To  jurors  for  cause  520(5. 
Chambers,  what  business  district  judge  may 

transact  at  484:5,  4922. 

Chancery  cases,  may  be  tried  with  or  with- 
out jury  5229. 
ChMiiging    name,    of    female    in    action    for 

divorce  5X44. 
Of  person,  local  or  special  law  for,  invalid 

(Nev.  Const,  art.  iv,  sec.  20)  27S. 
Of  person,  notice,  what   to  state,  publica- 
tion 5s:;6. 

Of  person,  notice  of  hearing,  determina- 
tion of  object  inns,  order  and  judgment 
5837. 

of  pers«n.  petition  for.  what  to  state,  fil- 
ing 5S:*5. 
Charter,  of  bank,  violation  of  banking  law 

authorizes  annulment  626. 
"Chattels."  when   is  included  in  words  "per- 
sonal property"  and  "property"  5475. 
Checks,    parties   and    liability  of   in   actions 

on.  schedule  of  sections  25  IX. 
Chief  justice,   for  reasonable  cause  may  be 
removed  on  two-thirds  vote  of  members 
elected  to  each  branch  of  the  legislature 
i  Nev.  Const,  art.  vii.  sec.  .",)  :;:;<;. 
Or  presiding  magistrate  to  attest  certifi- 
cate of  dork  to  judicial  records  of  other 
states  .",  IK). 

To  presideover senate  on  trial  of  impeach- 
ment of  governor  or  lieutenant-governor 
i  Nev.  Const,  art   vii,  sec.  1)  334. 
When  to  certify  statement  on  appeal  5333. 
Children,  age  of  majority,  males  21,  females 
ix  years  -j:5l.    (See  Children,  Guardians 
1096.  6149-6201.) 
Adoption  of.  act  relating  to  does  not  apply 

to  Mongolians  5834. 
Child  adopted  may  take  name  of  per- 
sons adopt  ing  .1X30. 

Children  adopted  and  persons  adopting 
bear    legal    relation    of    parent    and 
child  5830. 
Consent,    how    given,    agreement,    how 

executed,  procedure  5826. 
Guardian  may  consent  746. 
How  consent  of  nonresident  parent  to 
be  executed  and  acknowledged  5831. 
Husband    or   wife   not    lawfully    sepa- 
rated cannot  adopt  without  consent 
of  other  5827. 

Judge  to  file  papers,  have  order  entered 
in  court  minutes  and  recorded  in 
office  of  county  recorder,  notice  to 
the  world  5832. 

Proceedings  before  district  judge,  order 
and  rights  of  adopted  child  5829-5831. 
Requirements  5825. 
Schedule  of  sections  5825. 
When  consent  of  absent  parent  must  be 
obtained  or  need  not  be  obtained  5831. 
When  consent  of  parent  of  abandoned 
child  not  necessary,  custodian  or  next 
friend  to  be  cited  and  examined  5831. 


Civil  practice 


INDEX 


2176 


Children,  adoption  of— continued. 

When  illegitimate  child  deemed  adopted 

by  conduct  of  father  5833. 
When  not  to  be  had  without  consent  of 
parents,  child  over  12  years  must  con- 
sent in  writing  5828. 
Adopted  entitled  to  protection,  support  and 

inheritance  5826,  5829. 
Appeal  may  be  taken  under  juvenile  court 

law  to  supreme  court  753. 
Appear  in  action,  how  4992. 
Arrested  may  be  taken  directly  to  juvenile 
court  or  ordered  transferred  by    magis- 
trate 741.  * 
Assessment  of  damages  in  action  for  abuse 

of  apprentices  491. 
Bond  may  be  given  for  appearance  under 

juvenile  court  law  742. 
Counsel  .may  be  appointed  for  under  juve- 
nile court  law  742. 

County  commissioners  to  have  notice  of  pro- 
ceedings before  justice  of  the  peace  to  set 
aside  apprenticeship  493. 
Court  may  change  custody  of  pending  or 

after  action  for  divorce  5840. 
Custody  of  when  not  regulated  by  order  of 
court  is  vested  in  parent  at  whose  instance 
divorce  is  granted  5841. 
Disposition  of  pending  and  after  action  for 
divorce,  order  for  production  of,  enforce- 
ment 5840. 

District  court  may  appoint  probation  com- 
mittee 734. 
District  court  to  appoint  probation  officer 

733. 
District  judge  to  approve  employment,   if 

under  fourteen  6824. 
Employments  forbidden  6506,  6823. 
Failure  to  support  6481-6483. 
Foreign  corporation,  placing  by  747. 
Guardian  of  appointed  under  juvenile  court 

law  not  to  have  charge  of  estate  752. 
Guardian,  ad  litem.   See  Civil  Practice, 4993, 

5726,  D.  C.  rules  xxix  to  xxxi,  p.  1430. 
Guardian,  ad  litem,  how  appointed  4992. 
Bond  of,  different  actions  may  be  main- 
tained upon,  parties  6184. 
Limitation  of  action  for  recovery  of  estate 

sold  by  4963. 
May  consent  to  partition  without  action 

and  execute  release  5573. 
May  join  in  partition  of  real  estate  of 

ward  6166. 
May  sue  for  death,  injury  or  seduction  of 

ward  4996. 

Notice  to  on  proceedings  in  district  court 

to  set  aside  apprenticeship,  costs  493. 

Of  minor  or  insane  person  may  apply  for 

lot  in  federal  townsite  1963. 
Of  minor  or  insane  person,  when  deed  to 
be  made  to,  for  lot  in  federal  townsite 
1986. 
Or  personal  representative  may  sue  for 

death  of  adult  4997. 
Of  under  juvenile  law  to  report  to  judge 

740. 
Time  within  which  action  may  be  brought 

against  sureties  on  bond  of  6185. 
When  may  sue  for  death,  injury  or  seduc- 
tion of  ward  4995. 


Children— continued. 
Guardianship.     See  Guardians  4096,  H149- 

6201. 

Guardianship  of,  juvenile  court  law  739. 
If  necessary  to  obtain  disposition  of  prop- 
erty  of,  compulsory  process  may  be  had 
to  obtain  appearance  or  answer  in  action 
for  divorce  5839. 
Illegitimate,  action  to  determine  paternity 

765. 

Judgment    that    putative    father    stand 
charged  with  maintenance,  refusal   to 
obey  contempt  766. 
Interference  with  order  of  juvenile  court 

punishable  as  contempt  754. 
Issue  legitimate,  marriage  null  or  void  6117. 
Juvenile  court   law,  schedule  of   sections 

728,  757. 

Juvenile  court    may  dismiss  petition   and 
permit  prosecution  under  criminal  laws 
or  make  other  order  737. 
May  order  guardian  to  place  in  hospital 

738. 
May  release    from    custody  or    suspend 

sentence  758. 

Summons,   publication,   contempt,   pro- 
ceedings 732. 
Married  woman  as  sole  trader  liable  for 

maintenance  of  2193. 

May  recover  damages  from  master  or  mis- 
tress for  breach  of  contract  of  appren- 
ticeship 491. 
Of  deceased  child,  when  entitled  to  damages 

for  death  by  wrongful  act  5648. 
Order  relating  to  in  action  for  divorce  may 
be  enforced  by  attachment,  commitment 
or  requiring  security  5840. 
Paternity,  proof  of  765. 
Petition  to  juvenile  court,  what  to  state  731. 
Posthumous  children,  effect  of  conveyance, 

right  of  estate  1058-9,  6159,  6217. 
Support  of  765,  766. 

What  considerations  determine  disposition 
of  and  how  affected  when  not  mentioned 
in  divorce  action  5841. 
When  entitled  to  damages  for  death    by 
negligence  of   common  carrier,  mill  or 
mine  operator  5650. 
When    entitled   to  damages    for  death  of 

parent  by  wrongful  act  5648. 
Christian  religion,  witness  believing  in  other 
may  be  sworn  according  to  peculiar  cere- 
monies 5447. 
Church,  district  court  may  make  order  for 

sale  or  mortgaging  of  property  of  1369. 
Protestant   Episcopal,  district   court   may 

make  order  for  sale  of  real  estate  1431. 
Chutes,  eminent  domain  may  be  exercised  for 

5606. 

Citation,  by  district  court  or  judge  or  justice 
of  the  peace  for  discovery  of  personal 
property  on  which  taxes  delinquent  3679. 
May  issue  to  garnishee  5177. 
Of  officer  guilty  of  malfeasance  2852. 
To  issue  in  proceedings  to  restore  lost  rec- 
ords 5642. 

Cities,  rights  of,  for  street  or  highway  pur- 
poses, when  affected  byeminentdomain  5625. 
Cities  and  towns,  district  court  to  act  in  incor- 
poration of  768-769. 


2177 


INDEX 


Civil  practice 


Citizen,  of  one  state  cannot  sue  another  state 

(U.  S.  Const.)  181. 
When  lost  record  regarding  naturalization 

may  be  restored  5640. 

Citizens  of  different  states,  when  jurisdiction 
£  in  federal  courts  (U.  S.  Const.)  154. 
Citizenship,  in  proceedings  to  restore  lost  rec- 
ords relating  to, citation  annece88Ary5642, 
City,  action  against  on   rejected  claim  must 

he    commenced   within    one    year    after 

rejection  thereof  4967. 
As  party  to  action,  when  not  required  to 

give  bond  or  undertaking  5487. 
Expense  of  disincorporation,  how  paid  876. 
Incorporated    under    laws    of  Territory  of 

Nevada,  action  by  or  against,  trustees  to 

prosecute  or  defend  on  disincorporation 

971. 
Indebtedness  or  liability  to,  local  or  special 

law  releasing  invalid  (Nev.  Const,  art.  iv, 

sec.  20)  278. 
Judgment  may  be  rendered  in  favor  of,  on 

irregular  special  assessment  868. 
May  bring    action  for  recovery  of  special 

assessment  8<>7. 
May  have  contract  declared  void  if  public 

officer  interested  2829. 
Need  not  give  undertaking  on  appeal  5346. 
On  disincorporation  district  court  and  clerk 

to  give  notice  875. 
Proceedings  for  disincorporation  in  district 

court  872,  873. 
City  office,   action  to  contest,  how  brought 

and  determined  801. 
City  ordinances,  justice   of   the   peace    has 

jurisdiction  of  violation  of  886. 
City  taxes,  lien  against  property  assessed  937. 
City  taxes,  to  be  included  in  suit  and  judg- 
ment for  delinquent  taxes  87s. 
City  uses,  eminent  domain  may  be  exercised 

5606. 

Civil  action,  affidavit  for  exemption  of  wit- 
ness from  arrest  5446. 
Against  partnership,  only  general  partners 

to  be  parties,  exception  2907. 
Answer,  schedule    of   sections   relating  to 

5046, 

Appeal  from  justice's  court,  power  of  dis- 
trict   court,    dismissal,   damages,   costs, 

judgment  5794. 
Appeal  not  deemed  effective  until  court  fee 

paid  2031. 

Appearance,  answer  or  demurrer  by  defend- 
ant waives  summons  5016,  5034. 
Arbitration,  schedule  of  sections  5255. 
Arrest  and  bail  5088,  5092,  5094. 
Arrest  and  bail,  schedule  of  sections  5087. 
Attachment,  schedule  of  sections  relating 

to  5147. 
Claim   and  delivery,  schedule  of   sections 

5124. 
Clerk's  fees  when  not  over  800  votes  in 

county  1995. 
Clerk's  fees  when  over  800  votes  in  county 

2007. 
Commenced  before  repeal  of  law  by  civil 

practice  act  not  affected  by  such  repeal 

5818. 

Complaint  and  summons  5016,  5039. 
Costs  to  be  allowed  as  in  for  removal  of 

officer  for  malfeasance  2852. 


Civil  action— continued. 

Court  fee  (Nev.  Const.  331)  2030. 

Court  fee  on  appeal  from  justice's  court 
2031. 

Court  fee  on  appeal  to  supreme  court  2032. 

Demurrer  to  answer,  schedule  of  sections 
relating  to  5053. 

Demurrer  to  complaint,  schedule  of  sec- 
tions relating  to  5040. 

Depositions  taken  out  of  state,  schedule  of 
sections  5458. 

Depositions  taken  within  state,  schedule  of 
sections  5-15-4. 

Designation  of  parties  to  4944. 

Discharge  from  arrest  5114. 

Discharge  from  arrest,  schedule  of  sections 
5114. 

Either  party  in  divorce  proceedings  entitled 
to  have  issue  of  fact  tried  by  jury  as  in  5845. 

Entries  in  justice's  court  docket  are  prima 
facie  evidence  5801. 

Exceptions,  schedule  of  sections  5315. 

Execution  in  justice  court,  schedule  of  sec- 
tions 5783. 

Fee,  court  (Nev.  Const.  331)  2030. 

Fees  1994-2047. 

Fees  of  jurors  2001-2013. 

Fees  of  justice  of  the  peace  in  counties  poll- 
ing over  800  votes  2015. 

Fees  of  justice  of  the  peace  in  counties  poll- 
ing not  over  800  votes  2003. 

Fees  of  witness  when  not  over  450  votes  in 
county  2000. 

Fees  of  witness  when  over  450  votes  in  county 
2012. 

Fees,  sheriff,  constable  or  coroner  serving 
more  than  one  paper  in  same  case  requir- 
ing only  one  journey,  entitled  to  only  one 
mileage  2037. 

Fees  to  be  entered  in  book  under  title  of 
proceeding  and  open  to  inspection  2020. 

For  claim  and  delivery  in  justice's  court5124, 
5135,  5753. 

For  delinquent  taxes,  judgment  and  how 
entered,  costs  and  penalties  to  be  included, 
is  lien  on  same  and  other  property ,  default, 
redemption  money,  how  paid,  receipt  of 
district  attorney ,  evidence ,  execution  3665 . 

For  delinquent  taxes  on  proceeds  of  mines, 
district  attorney  to  begin,  when  and  where, 
damages,  penalties,  form  of  complaint, 
answer  3707-3709. 

For  forcible  entry  and  detainer,  schedule 
5585. 

For  liens  to  mechanics,  materialmen  and 
others  2222-2228. 

For  partition,  schedule  of  sections  5527. 

For  personal  injuries,  schedule  of  sections 
5649. 

For  restoration  of  lost  records  affecting  real 
property,  schedule  of  sections  5630. 

Garnishment,  schedule  of  sections  relating 
to  5169. 

General  rules  of  pleading,  schedule  of  sec- 
tions relating  to  5065. 

Grounds  for  change  of  venue  5015. 

How  commenced,  5016. 

How  commenced  in  justice's  court  5722. 

In  certiorari,  schedule  of  sections  5683. 

In  eminent  domain,  schedule  of  sections 
5606. 


Civil  practice 


INDEX 


2178 


Civil  action  in  justice's  court,  abstract  of 
judgment  filed  in  recorder's  office  creates 
lien  on  land  5782. 

Adjournment  not  to  be  for  more  than  ten 
days  unless  upon  undertaking  conditioned 
for  payment  of  judgment  5760. 

Alias  summons  may  issue,  time  for  appear- 
ance 5729,  5730.  " 

Amendment  to  complaint  or  answer  may 
be  allowed  5741. 

Amendment  to  pleadings,  adjournment, 
costs,  relief  from  judgment  by  denial  5742. 

Answer  and  what  to  contain  5735,  5738. 

Answer  or  demurrer  allowed  to  amended 
pleadings  5743. 

Arrest  of  defendant,  must  give  undertaking 
before  applying  for  postponement  5759. 

Attorney's  fees  recoverable  as  costs  5814. 

Certain  sections  made  applicable  5752. 

Certificate  of  county  clerk  to  writ  of  attach- 
ment for  service  in  another  county  5751. 

Complaint  defined  and  what  to  contain  5736. 

Contempts  and  general  provisions,  schedule 
of  sections  5795. 

Copy  of  note  or  instrument  admitted  unless 
denied  by  verified  answer  5770. 

Defendant  may  appear  and  waive  sum- 
mons 5724. 

Demurrer  to  complaint  5735,  5737. 

Deposit  may  be  made  in  lieu  of  undertak- 
ing 5816. 

Entry  to  be  made  in  docket  of  date  of  hear- 
ing and  mailing  notice  5733. 

Execution,  duty  of  officer  receiving  5786. 

Execution,  may  be  renewed  or  alias  issued 
5785. 

Execution,  to  issue  by  county  clerk  on  ab- 
stract of  judgment  docketed  in  district 
court  5781. 

Failure  of  either  party  to  appear,  trial  may 
proceed  5767 

Hearing  after  service  of  summons  or  ap- 
pearance 5733. 

How  guardian  appointed,  when  necessary 
5726. 

How  judgment  entered  5775. 

How  jury  waived  5766. 

How  summons  issued,  directed  and  what  to 
contain  5727. 

If  amount  found  due  exceeds  jurisdiction, 
party  may  remit  excess  5776. 

If  defendant  fails  to  set  up  counter-claim 
he  cannot  afterward  sue  5739. 

Issuance  and  stay  of  execution  5783. 

Issue  of  fact  to  be  tried  by  jury  unless 
waived  5765. 

Judgment  of  dismissal  maybe  entered  with- 
out prejudice  in  certain  cases  5772. 

Judgment  to  be  entered  at  close  of  trial  if 
no  jury  5774. 

Judgment  to  be  entered  at  once  in  con- 
formity to  verdict  5773. 

Judgment  taken  by  mistake,  inadvertence  or 
excusable  neglect  may  be  set  aside  5742. 

Jury,  how  summoned  and  challenged  5768. 

Limitation  of  service  of  summons  5731. 

No  statement  required  on  appeal  to  district 
court  on  questions  of  fact  or  both  law 
and  fact  5790. 

Offer  to  allow  judgment,  when  further  costs 
not  recoverable  5777. 


Civil  action  in  justice's  court— continued. 
Parties  may  appear  in  person  or  bv  attor- 
ney 5725. 

Pleadings,  form  of  5734,  5735. 
Pleadings,  issues  of  law  and  fact  defined 

5761-5763. 

Postponement  by  consent  5758. 
Postponement  of   trial  on    application  of 

party,  grounds,  procedure  5759. 
Proceedings  on  demurrer  to  complaint  or 

answer  5741. 
Summons,  by  whom  and  how  served  and 

returned  5732. 
Time  for  appearance  of  defendant  to  be 

specified  in  summons  5728. 
Undertaking  on  appeal,  requirements  with 

or  without  stay,  deposit,  justification  of 

sureties,  5792. 
Waiver  of  objection   that  it    is  in   wrong 

township  5772.    • 

What  entries  to  be  made  in  docket  5800. 
What  execution  must  contain  5784. 
What  notice  of  appeal  from  judgment  must 

contain  5788. 
What  papers  to  be  transmitted  on  appeal 

to  district  court  5791. 
What  provisions  of  civil  practice  act   are 

applicable  5815. 
What  statement  on  appeal  on  questions  of 

law    alone    must    contain,    amendments 

and  settlement  5789. 
When  admission  that  evidence  would  be 

given  avoids  postponement  5759. 
When  attachment  to  issue  5749,  5750. 
When  consent  to  taking  of    testimony,  or 

admission  that  it  would  be  given,  avoids 

postponement  5759. 
When  court  may  postpone  5757. 
When  defendant  maybe  arrested  5744. 
When    defendant    may  demur    to    answer 

5740. 

When  order  for  inspection  of  written  instru- 
ment may  be  made  5769. 
When  postponement  discharges  defendant 

from  arrest  5759. 
When  trial  must  be  commenced  and  how 

continued  5756. 
Who  entitled  to  costs  5813. 
Civil  action,  in  mandamus,  schedule  of  sec- 
tions 5694. 
Issues,  mode  of  trial  and   postponement, 

schedule  of  sections  5195. 
Joinder  of  causes  5039. 
Joint  debtor  released  of  his  proportion,  not 

necessary  party  5847. 
Judgment  by  confession  may  be  entered  in 

justice's  court  5771. 
Judgment  in  general,  schedule  of  sections 

5238. 
Justice  of  the  peace  may  issue  execution  or 

other  process  upon  docket  of  predecessor 

5805. 
Justice  of  the  peace  may  issue  subpena  and 

final  process  to  any  part  of  county  5808. 
Justice  of  the  peace  *to  receive  all  moneys 

collected  by  sheriff  or  constable  and  pny 

same  to  parties  entitled  5810. 
Justice's  court  may  require  deposit  or  under- 
taking as  security  for  costs  before  issuing 

summons  5812. 


2179 


INDEX 


Civil  practice 


Civil  action— continued. 
Justice's  court  to  fix  time  for  trial  5733. 
Justice's  court  to  try  issue  of  law  57(>4. 
Justice's   court   to  which  transferred  has 

same  jurisdiction,  5719,  5720. 
Limitation    continues  to    run    under    civil 

practice  act  as  if  former  act  had  not  been 

repealed  5815). 

Manner  of  commencing,  schedule    of    sec- 
tions relating  to  5016. 
Manner  of  commencing  in  justice's  court, 

schedule  of  sections  5722. 
Manner  of  giving  and  entering  judgment, 

schedule  of  sections  5266. 
Married  woman  as  sole  trader  may  sue  or 

be  sued  alone  21i>2. 
May  be  maintained  for  recovery  of  cost  of 

removal  of  nuisance  (.>21. 
New  trial    and  appeal    in    justice's  court, 

schedule  of  sections  57SS. 
New  trials,  schedule  of  sections  5319. 
Not  included  in  general  provisions  of  law 

and  equity,  supreme  court  has  appellate 

jurisdiction  (Nev.  Const,  art.  vi,  we. 4 » :;r.«. 
Notices,  filing  and  serving  papers,  schedule 

of  sections  5:;ii7. 
one  form,  4!M:;. 
Panics  not  originally  summoned,  schedule 

of  sections  5243. 
Place  of  trial,  schedule  of  sections  relating 

to  5011. 

Place  of  trial  in  justice's  court,  5,  15. 
Phice  of  trial  in  justice's  court,  schedule  of 

sections  5715. 
Headings,  5035.  5O36. 

Pleadings  in  justice  court,  schedule  of  sec- 
tions ">734. 
Proceedings  supplementary  to  execution, 

schedule  of  sections  5307. 
Provisional  remedies  in  justice  court,  sched- 
ule of  sections  .">7I4. 
Provisions  relative  to  apply  to  proceedings 

in  eminent  domain  5(524. 
Provisions  relative  to   apply  to  certiorari, 

mandamus  and  prohibition  5712. 
Publication  of  process  or  paper,  officer  to 

be  paid  cost  in  advance  2020. 
Quo  warranto,  schedule  of  sections  5(i5(i. 
References  and  trials  by  referees,  schedule 

of  sections  52: ><>. 
Relating  to  nuisance  and  waste,  schedule 

of  sections  5504. 
Civil  action,  schedule  of  sections  relating  to 

affidavits  5450. 
Relating  to  appeals  5325. 
Relating  to  contempt  5394. 
Relating  to  costs  5376. 
Relating  to  definitions  of  common  law  and 

miscellaneous  provisions  5474. 
Relating  to  execution  5280. 
Relating  to  injunction  51S6. 
Relating  to  motions  and  orders  5362. 
Relating  to  parties  4986. 
Relating  to  perpetuation  of  testimony  5404. 
Relating  to  proof  of  public  writings  5408. 
Relating  to  trial  by  court  5226. 
Relating  to  variance,  mistakes  in  pleadings 

and  amendments  5080. 
Relating  to  verdict  5221. 
Relating  to  witnesses  5419. 


Civil  action,  special  court  fee  to  be  advanced 
to  clerk  by  party  bringing  or  taking  ap- 
peal and  applied  to  judge's  compensation 
(Nev.  Const,  art.  vi,  sec.  16)  331. 

Testimony,  pleadings,  orders  and  practice 
in  divorce  proceedings  same  as  5842. 

There  shall  be  but  one  form,  and  law  and 
equity  may  be  administered  in  same  ac- 
tion (Nev.'Const.  art.  vi,  sec.  14)  32!>. 

To  quiet  title,  schedule  of  sections  5514. 

Transfer  of  from  justice's  court  to  district 
court  5721. 

Trial  by  jury  secured  but  may  be  waived 
(Nev.  Const,  art.  i,  sec.  .">)  232. 

Trial  by  jury,  schedule  of  sections  5204. 

Trials  and  judgments  in  justice's  court, 
schedule  of  sections  5754. 

Venue  and  change  of  venue  5011-5015. 

Verification  in,  schedule  of  sections  relat- 
ing to  5060. 

What  summons  required  to  state  5018-5020. 

When  due,  incorporation  of  company  can- 
not be  attacked  collaterally  except  by 
state  1154. 

When  witness  immune  from  arrest .5115. 

Wife  living  separate  and  apart  from  hus- 
band may  sue  and  be  sued  alone  2179. 

Witness  fees  to  be  taxed  as  costs  upon  affi- 
davit 2012. 

Witness  need  not  testify  unless  paid  fee  if 

demanded  2012. 

Civil  arrest.     See  Arrest  in  Civil  Action. 
Civil  practice,  local  or  special  laws  relating 
to,  are  invalid  (Nev.  Const,  art.  iv,  sec. 
20)  27s. 

Provisions  relating  to,  applicable  to  tax 
suits  3666. 

Schedule  of  acts  4943,  p.  1432, 
Civil  practice  act,  became  effective  January  1, 
1912,  5820. 

Limitations  continue  to  run  under  as  if  old 
statute  had  not  been  repealed  5819. 

Proceedings  regarding,  applicable  to  estates 
of  deceased  persons  61 3x. 

Repeal  of  law  by,  does  not  affect  act,  right 
or  proceedings  commenced  before  repeal 
5818. 

When  provisions  of,  to  be  construed  as  a 
continuation  of  existing  statutes  and  not 
as  new  enactments  5817. 
Civil  process,  elector  not  to  be  arrested  under 
on  election  day  (Nev.  Const,  art.  ii,  sec. 
4)  253. 

May  be  served  on  land  ceded  to  the  U.  S. 
1949,  1951. 

Members  of  legislature  exempt  from  arrest 
under,  during  session  and  for  15  days 
before  (Nev.  Const,  art.  iv,  sec.  11)  269. 

Member  of  militia,  when  exempt  from  ar- 
rest 4081. 

Civil  rights,  consent  of  parent  deprived  of, 
not  required  on  adoption  of  children  5828. 

Restoration  allows  person  convicted  of  crime 
to  serve  as  juror  (Nev.  Const,  art.  iv,  sec. 
27)  285. 

Claim  against  county,  action  not  to  be  brought 
unless  demand  first  presented  1523. 

Action  not  to  be  brought  until  demand  has 
been  presented  to  commissioners  and 
auditor,  costs  when  recoverable  1523. 


Civil  practice 


INDEX 


2180 


Claim  against  county— continued. 

District  attorney  not  to  advocate  payment 
of  1520,  1605. 

Funds  assigned  to  payment,  if  not  col- 
lected within  2  years,  payable  on  other 
claims,  new  demand  and  reallowance 
necessary  or  claim  barred  1536. 

If  taxpayer  objects,  commissioners  to  defer 
action' at  least  10  days  to  allow  institu- 
tion of  proceedings  to  determine  validity 
1521. 

Kesident    taxpayer    may    file     objections 

against  1521. 

Claim  against  estate  of  deceased  person, 
action  to  be  brought  within  30  days  after 
notice  of  rejection  5968. 

Barred  by  statute  of  limitations  at  time  of 

death  5968,  5969. 
Claims,  adverse,  actions  to  determine  5479. 

Against  bank  closed  by  bank  examiner, 
notice,  presentation  and  force  of  671. 

Against  estates,  district  judge  may  approve 
in  vacation  4850. 

Against  the  state,  for  services  or  advances 
authorized  by  law,  when  action  may  be 
brought  5653. 

Presentation  of  on  disincorporation  of  city 
872,  873. 

Under  employers'  liability  act  may  be  com- 
promised 1928. 

Claimant,  maybe  interpleaded  in  garnishment 
proceedings  5180. 

Procedure  to  obtain  title  to  lot  in  federal 
townsite  1983-1986. 

To  lot  in  federal  townsite  to  sign  statement 

in  writing  1983. 

Claim  and  delivery,  action  for  in  district 
court  5124-5135,  5194. 

Action  for  in  justice's  court  5124,  5135, 5753. 

Building  may  be  broken  open  to  take  prop- 
erty 5132. 

Claim  of  other  person  not  valid  against 
sheriff  unless  supported  by  affidavit  5134. 

Concealed  property  may  be  taken  by  force 
5132. 

Exception  to  defendant's  sureties  5130. 

If  defendant  excepts  to  sureties  cannot 
claim  property  5128. 

Justification  of  sureties  5131. 

Justification  of  sureties  on  indemnifying 
bond  to  officer  5134. 

Of  personal  property  5124. 

Of  personal  property,  copies  how  served  by 
sheriff  5127. 

Of  personal  property,  exception  to  sureties, 
notice,  justification,  waiver  5128. 

Of  personal  property,  order  to  sheriff  5126. 

Of  personal  property,  undertaking  in  action 
for  5127. 

Other  person  claiming  property  to  serve 
affidavit  on  sheriff  5134. 

Property  claimed  by  other  person,  plaintiff 
to  indemnify  officer  5134. 

Ke-delivery  to  defendant  on  giving  bond 
5129. 

Schedule  of  sections  5124. 

Sheriff  to  deliver  property  to  plaintiff  if 
defendant's  sureties  fail  to  justify  5130. 

Sheriff  to  file  notice,  undertaking  and  affi- 
davit 5135. 


Claim  and  delivery— continued. 

Sheriff  to  keep    and    deliver  property  on 

payment  of  fees  5133. 
When  property  to  be  delivered  to  plaintiff 

5129. 
Clerk,  has  preferred  claim  for  wages  5493, 

5494. 
Of  attorney,  when  not  to  testify  regarding 

communication  5425. 
Clerk  of  court.     See  County  Clerk. 

Any  may  administer  oath    or    affirmation 

5483. 
Certificate  and  duty  of  on  stay  of  execution 

pending  motion  for  new  trial  in  district 

court,  D.  C.  rule  xxvi,  p.  1429. 
Compensations  from  corporation  removal 

proceedings  1182. 
Certificate  that  appeal  is  perfected,  when  to 

stay  execution,  D.  C.  rule  xxii,  p.  1429. 
Deposition  of  witnesses  for  perpetuation  of 

testimony  to  be  filed  with  5468. 
Deposition  taken  out  of  state  to   be    for- 
warded to  5461 
Deposition  to  be  sealed  and  forwarded  to 

5456. 
Duties  of  concerning  investments  in  action 

for  partition  5569. 
Duties  of  in  relation  to  judgment-roll  in 

certiorari  proceedings  5693. 
Duties  of  on  application  for  naturalization 

2518,  2525. 

Execution  to  be  returned  to  5283. 
Fees  of  in  contested  election  for  county  or 

township  office  same  as  in  district  court 

1811. 
Fees  of  in  counties  polling  not  over  800  votes 

1995. 
Fees  of  in  counties  polling  over  800  votes 

2007. 

Fees  of  in  proceedings  for  removal  of  di- 
rectors or  officers  of  corporation  1182. 
Fees  upon  naturalization,  half  to  be  trans- 
mitted 2526. 

Fees,  when  not  over  800  votes  in  county  1995. 
Filing  of  certificate  of  district  judge  as  to 

which  of  two  justices  of  the  peace  entitled 

is  successor  5807. 
How  to  indorse,  file  and  open  deposition  in 

district  court,  D.  C.  rule  xvi,  p.  1428. 
How  to  make  up  court  calendar  5200. 
In  absence  of  district  judge  may  commit 

insane  person  to  asylum  2210. 
May  attest  copy  of  records  of  other  states 

5410. 
May  be  required  to  take  down  testimony 

5473. 
May  certify  to  certificate  of  incorporation 

1221. 
May  certify  to    statement  and   papers    on 

appeal  5356. 
May  certify  tranecript  of  judgment  for  filing 

as  lien  in  another  county  5277. 
May  file  and  enter  consent   of   tenant   in 

action  for  partition  5556. 
May  issue  execution  in  action    for   delin- 
quent taxes  3665. 

May  issue  execution  on  judgment  for  defi- 
ciency after  sale  on  foreclosure  5501. 
May  take  affidavit  to  be  used  in  this  state 

5450. 


2181 


INDEX 


Civil  practice 


Clerk  of  court— continued. 

Mortgage  or  security  may  be  taken  in  name 
of  on  sale  in  partition  5555. 

Must  include  interest  and  costs  in  judgment 
and  docket  5:',ss. 

On  removal  of  officer  for  malfeasance,  to 
transmit  copy  of  judgment  to  governor  or 
county  commissioners  2853. 

Pleadings  and  transcript  to  be  certified  to 
on  transfer  of  case  from  justice's  court  to 
district  court  572 1. 

Security  or  investment  of  proceeds  on  sale 
in  part  it  i«  m  to  be  invested  in  name  of  55(17. 

Service  of  notices  and  papers  may  be  made 
upon  when  party  has  no  office  at  county- 
seat  5: ',(',!». 

Service  upon  of  notice  of  taking  testimony 
for  perpetuation  5466. 

Service  upon  of  notice  of  motion  to  permit 
plaintiff  to  occupy  premises  pending  action 
under  eminent  domain  51.15. 

Sheriff  to  file  affidavit  and  order  of  arrest 
with,  D.  C.  rule  xxxiii,  p.  1430. 

To  accept  deposit  in  lieu  of  bond  or  under- 
taking 5486. 

To  add  his  costs  to  judgment,  although  not 
in  cost  bill  5387. 

To  annex  examination  to  undertaking  on 
justification  of  bail  in  civil  action  5105. 

To  arrange  judgment  docket  to  facilitate 
inspection  527(1. 

To  ask  jury  if  they  have  agreed  upon  ver- 
dict 5218. 

To  attach  certificate  to  judgment  roll  and 
enter  a  minute  of  the  judgment  of  the 
supreme  court  on  appeal  5360. 

To  be  furnished  with  copy  of  order  or  judg- 
ment by  attorney  in  district  court,  D.  C. 
rule  xxxii,  p.  1  !:'.<>. 

To  certify  copies  of  judicial  records  of  this 
state  or  the  United  States  5408. 

To  certify  to  genuineness  of  signature  of 
judge  taking  affidavit  out  of  state  5453. 

To  certify  to  writ  of  attachment  in  justice's 
court  for  service  in  another  country  5751. 

To  certify  under  seal  to  summons  in  jus- 
tice's court  for  service  in  another  county 
5732. 

To  collect  fee  upon  commencement  of  action 
or  proceeding  2030. 

To  deduct  fees  paid  juror  in  civil  case  from 
amount  due  him  from  county  2013. 

To  deliver  statement  and  amendments  on 
appeal  5331. 

To  deliver  to  district  judge  calendar  show- 
ing business,  D.  C.  rule  ii,  sec.  3,  p.  1426. 

To  enter  certificate  of  judgment  of  supreme 
court  when  appeal  taken  from  order  5360. 

To  enter  judgment  5266. 

To  enter  judgment  in  judgment  book  5270. 

To  enter  judgment  upon  Acceptance  of  offer, 
of  compromise  5265. 

To  enter  name  of  minister  of  gospel  author- 
ized to  solemnize  marriage  2340. 

To  enter  proceedings  for  right  of  way  for 
railroad  3550. 

To  enter  satisfaction  of  judgment  5279. 

To  enter  verdict  and  judgment  or  order  on 
special  verdict  5225. 

To  file  and  docket  abstract  of  judgment 
from  justice's  court  5780. 


Clerk  of  court — continued. 

To  file  and  enter  submission  to  arbitration 
5257. 

To  file  complaint  and  may  issue  summons 
in  civil  action  5016,  503-i. 

To  file  decision  of  arbitrators  in  voluntary 
submission  of  dispute  between  employer 
and  employee  li ».'!(),  1931. 

To  file  petition  for  changing  name  of  per- 
son 5835. 

To  file  receipt  from  parties  to  referees  in 
action  in  partition  5568. 

To  file  statement  and  enter  judgment  on 
confession  of  judgment,  costs  5251. 

To  give  receipt  to  garnishee  5180. 

To  give  notice  of  application  of  alien  for 
naturalization  2518. 

To  give  notice  of  disincorporation  of  city  875. 

To  give  notice  of  time  of  holding  district 
court,  D.  C.  rule  iii,  p.  142(1. 

To  give  receipt  for  court  fees  upon  demand 
203:;. 

To  include  interest  and  costs  in  judgment 
and  docket  5278. 

To  inform  judge  and  give  notice  of  election 
contest  1808. 

To  issue  commission  to  justice  of  the  peace 
to  take  depositions  on  contest  for  mem- 
ber of  the  legislature  1818. 

To  issue  copy  of  order  of  guardianship 
under  juvenile  court  law  739. 

To  issue  execution  5281. 

To  issue  execution  for  costs  when  remittitur 
of  supreme  court  filed  5:5(11. 

To  issue  execution  to  other  counties  on 
abstract  of  judgment  from  justice's  court, 
docketed  in  district  court  5781. 

To  issue  subpena  requiring  attendance 
before  public  service  commission  4532. 

To  issue  subpenas  and  subpenas  ducem 
tecum  in  contest  for  county  or  township 
office  1809. 

To  issue  writ  of  attachment  5148,  5149. 

To  keep  register  of  actions  and  make 
entries  5480. 

To  make  entries  in  docket  for  judgment 
lien  5274,  5275. 

To  make  up  judgment  roll  5273. 

To  notify  persons  appointed  on  probation 
committee  734. 

To  pay  on  order  of  court  money  transmitted 
in  lieu  of  undertaking  on  appeal  from 
justice's  court  5792. 

To  procure  seal  4876. 

To.  publish  notice  of  application  of  corpora- 
tion for  its  own  dissolution  1240. 

To  receive  and  disburse  money  paid  for 
boarding  and  lodging  jurors  2035. 

To  receive  depositions  in  contest  for  mem- 
ber of  the  legislature  and  indorse  and 
transmit  to  secretary  of  state  1819,  1820. 

To  receive  docket  and  papers  on  death  or 
removal  of  justice  of  the  peace  5804. 

To  record  verdict,  jury  to  assent  5220. 

To  take  deposition  of  witness  on  continu- 
ance 5203. 

To  transmit  copy  of  judgment  in  certiorari 
proceedings  to  inferior  tribunal  or  officer 
5692. 

To  transmit  verdict  in  mandamus  pro- 
ceedings, argument,  notice  5703. 


Civil  practice 


INDEX 


2182 


Clerk  of  court—  continued. 
To  withdraw  name  of  excused  juror  from 

box,  D.  C.  rule  xxviii,  p.  1429. 
When  may  adjourn  court  4872. 
When  may  make  order  for  inspection  of 

mine  by  stockholder,  registration,  oath, 

fee  2492,  2495. 
When  service  may  be  made  upon  for  non- 

resident 5375. 

When  to  enter  default  and  judgment  5236. 
When  to  file  and  enter  award  of  arbitrators 

and  judgment  5260. 

When  to  file  statement  on  appeal  5337. 
When  to  pay  to  county  treasurer  surplus 

money  in  action  on  lien  for  charges  on 

animals  5500. 
When  to  refund  money  deposited  on  arrest 

in  civil  action  5108. 
Clerk  of  supreme  court,  court  fee  to  collect 

331. 

Court  fees,  to  pay  state  treasurer  2034. 
Costs   taxed   by   endorsed   on    remittitur, 

S.  C.  rule  vi,  sec.  4,  p.  1423. 
Fees  of  2006,  2032. 

Fees,  when  payable  to  state  treasury  4894. 
Habeas  corpus,  writ  to  deliver  6231. 
Has  same  power  to  issue  process  in  quo 

warranto  as  clerk  of  district  court  5681. 
Receipt,  duty  to  give  for  fees  2033. 
Report,  to  make  to  legislature  4896. 
To  certify  judgment  on  appeal  to  clerk  of 

lower  court  5360. 
To     file    complaint     or     specification     of 

grounds  on  contest  for  state  office  .l£io. 
To    file    statement    settled    ou    appeal    in 

supreme  court  5333. 

Client,  communication  with  not  to  be  tes- 
tified to  by  attorney,  secretary,  stenogra- 
pher or  clerk  of  attorney  without  consent 


Cloud  upon  title,  action  to  remove,  how  and 

by  whom  brought  5522. 
Club,  district  court  may  make  order  for  sale 

or  mortgaging  of  property  of  1369. 
Co-defendants,  cross-complaint  against  and 

how7  served  and  answered  5052. 
"Codicil,"    when    included    in    \vord    "will" 

5475. 
Collateral  attack,  when  not  all  on  corpora- 

tion 1154. 

Collector  of  taxes,  action  for  money  paid 
under  protest  may  be  commenced  against 
within  one  year  4967. 

Commission,    for   taking   deposition   out   of 
state  may  have  interrogatories  attached 
unless  parties  otherwise  agree  5460. 
To  take  deposition  out  of  state  5459,  5460, 

5461. 
To  take  testimony,   when  to  have  court 

seal  affixed  4879. 

Commissioner,  appointed  by  governor  may 
take  affidavits  and  depositions  in  other 
states  or  territories  5451,  5459. 
How  subpena  issued  for  the  taking  of  tes- 

timony 5432. 
Commissioners,  may  hear  testimony  in  pro- 

ceedings under  eminent  domain  5616. 
To  be  appointed  by  the  court  to  determine 
value  of  right  of  way  for  railroad  3539. 
Commitment,     and     physician's    certificate, 
copies  of  to  be  transmitted  with  insane 
person  to  asylum  2204. 


Commitment — continued. 

Court  may  direct  to  make  order  effectual 
regarding  children  in  action  for  divorce 
5840. 
Of    insane    person    to    be   transmitted   to 

asylum  2204. 
Warrant   of    in    contempt   proceedings   to 

specify  act  to  be  performed  5404. 
Warrant  of  not  to  issue  in  contempt  pro- 
ceedings   without   previous   attachment 
to  answer  or  notice  or  order  to  show 
cause  5397. 

Common  carrier,  liable  for  death  or  per- 
sonal injury  if  caused  by  gross  negli- 
gonoe  notwithstanding  slight  negligence 
of  employee  5651. 

When  may  sell  unclaimed  property  541. 
Common    law,    facts   which   would  ^exclude 
witnesses  at  may  be  shown  to  affect  credi- 
bility 5419. 
Common-law  action,  right  of  trial  uy  jury 

in  U.  S.  courts  (U.  S.  Const.)  177.  " 
Common   law  of  England,  rule  of  decision 

wrhen  not  repugnant  to  our  laws  5474. 
Community  property,  how  divided  upon  de- 
cree of  divorce  2166. 
Not  subject  to  administration  if  wife  pays 

or  secures  indebtedness  2165. 
Subject   to   debts,    family   allowance   and 
expense  of  administration  on  death  of 
husband  2165. 

Company,  included  in  word  "person"  5475. 
Compensation,  and  fees  of  county  and  town- 
ship  officers,    legislature   may    regulate 
(Nev.  Const,  art  iv,  sec.  20)  278. 
Of  receiver  of  insolvent  corporation  1199. 
Of    trustee    of    corporation    dissolved    in 

quo  warranto  5671. 
( 'omplaint.  allegations  not  controverted  taken 

as  truo  5075. 
Amended,  may  be  served  upon  defendant 

or  attorney  5043. 

Amendment  of  in  action  for  forcible  entry 

or  unlawful  detainer,  continuance  5596. 

And    proceedings    before    public    service 

commission  4531-4533. 
And  summons  in  action  for  unlawful  de- 
tainer, what  to  state,  service  5593. 
And  what  to  contain   in   civil   action   in 

justice's  court  5734,  5735,  5736. 
Containing    copy    of    written    instrument, 

admission  if  no  verified  denial  5062. 
Contents  of  under  eminent  domain  5612. 
Counter-claim  set  forth  in  answer  deemed 
when  defendant  applies  for  provisional 
remedies  5194. 
Defendant    may    be    designated    by    any 

name  if  true  name  unknown  o085. 
Description  of  real  property  by  metes  and 

bounds  5069. 

Filing  of  in  justice's  court  5722,  5723. 
For  divorce  to«be  verified  5S:;s. 
For  removal  of  ofncer  for  malfeasance  to 

be  verified  2852. 
For    revocation    of    license,    proceedings 

3868. 
Form   of   in   action   for  delinquent   taxes 

3661. 
Form  of  in  action  for  delinquent  taxes  on 

proceeds  of  mines  3708. 
If  amended  defendant  may  have  time  to 
answer  5043. 


INDEX 


Civil  practice 


Complaint — continued. 

If  not   personally  served  defendant   may 
answer  to  merits  after  judgment  3084. 
Complaint  in  action,  for  delinquent  taxes  to 
demand  costs  and  penalties  and  not  to 
be  satisfied  until  tliey  are  paid  3660. 

For  delinquent  taxes  more  certain  de- 
scription may  be  included  .",662. 

For  foreclosure  of  mortgage  or  lieu  to 
have  affidavit  of  payment  of  taxes 
attached  3756. 

For  partition  may  or  may  not  show  that 
property  cannot  he  divided  without  pre- 
judice r,r,:  :x. 

To  determine  paternity  of  illegitimate 
child  7<:r>. 

To    restore    lost     record,    what    to    allege 

5634. 

Complaint,   in  civil  action  5i»n;.  .".oil.  5037, 
5038. 

In  civil  action  in  justice's  court  to  be 
indorsed  with  date  of  filing  572".. 

In  contest  for  county  or  township  office, 
wlion  n-ii  to  be  dismissed  for  want  of 
form  1M>7. 

In  intervention  50O6. 

In  justice's  court,  copy  of  note  or  instru- 
ment admitted  unless  denied  by  verified 
answer  577<>. 

In  quo  warrant"  for  usurpation  of  public 
oil  ice  561  >1. 

Ill  quo  warranto  same  in  supreme  court 
as  in  district  court  5681. 

In  quo  warranto  shall  be  as  in  other  cases 
5666. 

In  state  land  contest,  time  for  filing  and 
serving.  1 ).  C.  rule  xliv.  p.  1  i:;i. 

Insnllioient  statement  of  facts  not  waived 
by  failure  to  demur  or  answer  5ul.~i. 

.May  be  amended  in  action  for  forcible 
entry  or  unlawful- detainer  5602. 

May  be  dismissed  for  disobedience  or  re- 
fusal of  party  to  answer  as  witness  or  to 
subscribe  affidavit  or  deposition  5  |::s. 

May  be  subscribed  by  party  or  attorney 
5060. 

New  not  necessary  against  parties  sum- 
moned after  judgment  inaction  on  joint 
c  mtraet  .1244. 

Notice  of  application  to  tile  in  quo  war- 
ranto 5664. 

Objections  not  apparent  taken  by  answer 
5044. 

Objections  to  not  taken  l>y  demurrer  dis- 
regarded 5041. 

Of  assessment  before  board  of  equaliza- 
tion 3638. 

Of  party  who  refuses  to  testify  or  give 
deposition  may  bo  stricken  out  5421. 

On  application  for  commitment  of  insane 
person  2204. 

On   what  grounds  denfurrable  5040. 

Or  specification  of  grounds  in  contest  for 
state  office,  filing  and  verification  1823. 

Or  statement  in  contest  for  member  of  the 
legislature,  how  to  be  forwarded  1820, 
1821. 

Or  statement  in  contest  for  member  of  the 
legislature  to  be  verified  1838. 

Service  of  amendment  may  be  required 
5043. 


Complaint — continued. 

Service  of  upon  garnishee  5177. 

Supplemental,  answer  and  reply  5075. 

To  be  verified  in  action  for  forcible  entry 
or  unlawful  detainer  5600. 

To  be  verified  in  action  to  determine 
adverse  claim  to  real  property  5522. 

To  bo  verified  in  proceedings  under  emi- 
nent domain  561 1. 

Verification  of  5060.  5O61. 

What  to  contain  5037.  5038,  5039. 

What  to  set  forth  in  actions  for  partition 
5628, 

When  copy  to  bo  served  with  summons 
5i '22. 

Who  to  be  included  as  defendants  in 
action  to  determine  adverse  claim  to 
real  property  5522. 

Compromise,  of  claims  under  employers'  lia- 
bility act   I'.rjs. 

Offer     of.     notice,     acceptance,     affidavit, 

result  5265.  5777. 
Computation  of  time,  how  made,  what   days 

included    and    excluded    5-1S2. 
Compulsory    process,    in    action    for   divorce 

if  necessary  to  disposition  of  property  of 

children  5s:1,'.}. 

Coiiclnsiiins    of     law,    deemed     excoptod    to 
51',  IS. 

From   special   verdict   5221. 
Condemnation,   by   cities   7!>4(S5). 

r.y  railroad  companies  under  eminent  do- 
main, what  may  ho  condemned,  proced- 
ure 5627. 

Ky  towns  S7"<   I  5.    15  ». 

Fstates  and  rights  subject  to  under  emi- 
nent domain  5607. 

Final  order  made  upon  payment,  record- 
ing 5621. 

For  ditch  or  flume,  4712,  4714. 

For  railroad,  telegraph  or  telephone  2138. 
8535-3560. 

For  reclamation  purposes  3104. 

For  mining  purposes  or  improvements  on 
lands  sold  4>y  the  state  2156.  2462. 

of  land  for  mines,  basis  for  determining 
value  2462. 

Of  land  for  mines,   proceedings  2 159. 

Of  private  land  for  toll  road,  proceedings 
3052. 

Of  property  for  highway,  viewers,  dam- 
ages, appeal  to  district  court  3008. 

Of  railroad  property  for  right  of  way  2138. 

On  opening,  of  highway,  party  aggrieved 
may  bring  action  to  set  aside  damages 
awarded  by  viewers  3015. 

Property  shall  not  be  taken  for  public  use 
without  just  compensation  having  been 
first  made  or  secured,  exception  (Nev. 
Const,  art.  i,  sec.  8)  237. 

Property  subject  to  under  eminent  domain 
5608. 

Right  of  way  not  to  be  appropriated  to 
use  of  corporation  until  compensation 
is  made  or  secured  344. 

Schedule  of  sections  56O6. 

ruder  eminent  domain  by  foreign  corpo- 
ration 5629. 

T"nder  eminent  domain,  conditions  prece- 
dent 5609. 
Conditions  precedent,  how  pleaded  5071. 


Civil  practice 


INDEX 


2184 


Confession,  judgment  by  may  be  entered  in 
district  court  5249-5251;  in  justice's 
court  5771. 

Judgment  maybe  entered  upon  in  justice's 
court  if  amount  does  not  exceed  $300 
exclusive  of  interest  5714. 

To    clergyman,    testimony    regarding    not 

to  be  given  without  consent  5426. 
Congress,  has  power  to  constitute  tribunals 
inferior  to  supreme  court  ( U.  S.  Const. ) 
119,  153. 

Has  power  to  make  uniform  laws  relating 
to  naturalization  and  bankruptcy  (U.  S. 
Const.)  114. 

Consent,  necessary  to  allow  testimony  of 
communication  between  attorney  and 
client  5425. 

Of  child  over  12  years  required  on  adop- 
tion 5828. 

Of  nonresident  parent  to  adoption  of  chil- 
dren, how  executed  and  acknowledged 
5831. 

Of  parents  on  adoption  of  children  5828. 

Of  patient  necessary  to  enable  physician 
to  testify  regarding  communication 
5427. 

Of  parties,  to  not  more  than  twelve  nor 
less  than  four  jurors  in  justice's  court 
in  civil  action  5768. 

Of  parties  to  taking  of  testimony  in  civil 
action  in  justice's  court  on  postpone- 
ment 5759. 

Consideration,  conveyance  shall  not  be  ad- 
judged   fraudulent    solely    for    want    of 

valuable  1086. 

Consolidation  of  actions  5478. 
Constable,    action   against   for   official    mis- 
conduct may  be  commenced  within  two 
years  4967. 

Baggage,  unclaimed,  may  sell,  wrhen  2153. 

Buying  or  inducing  action  2821,  6367. 

Deed,  may  make  for  real  estate  sold  by 
predecessor  1662,  1663. 

Duties  generally  1692;  on  receiving  exe- 
cution 5786. 

Duties  imposed  on  sheriff  extend  to  in 
action  for  claim  and  delivery  in  jus- 
tice's court  5763. 

Duties  of  on  receiving  execution  from  jus- 
tice's court  5786. 

Duty  of  in  regard  to  abatement  of  nui- 
sances in  unincorporated  towns  920. 

Duty  to  serve  subpena  requiring  attend- 
ance before  public  service  commission 
4532. 

Entitled  to  only  one  mileage  for  serving 
more  than  one  process  in  same  action 
requiring  only  one  journey  2037. 

Estray  animals,  to  impound  2261-2265, 
2229-2331. 

Fee  book,  to  keep  2020. 

Fees  for  selling  animals  on  execution 
under  judgment  for  charges  5499. 

Fees,    in   counties   polling    less   than   800 

votes  1999. 

In  counties  polling  over  800  votes  2011. 
In   proceeding    relating   to    apprentices 

494. 
In   relation  to   hogs  found  trespassing 

2258. 

Monthly  statement  to  make  2021. 
On  returns,  none  to  charge  2041. 


Constable,  fees — continued. 
Payable  in  advance  2027. 
Quarterly  statement  of  to  commission- 
ers 2021. 

Table  of,  to  post  2025. 
Violation    of    law    governing,    penalty 
2023,  2024. 

Local  or  special  laws  relating  to  jurisdic- 
tion and  duties  of,  invalid  (Nev.  Const, 
art  iv,  sec.  20)  278. 

May  make  deed  for  real  estate  sold  by 
predecessor  1662,  1663. 

May  serve  summons  in  action  in  justice's 
court  5732. 

Mileage  payable  in  advance,  computed  for 
actual  distance  traveled  2037,  2040. 

Not  to  charge  for  written  return  2401. 

Nuisances,  to  abate  920. 

Purchasing  judgment,  misdemeanor  2821. 

Stock,  trespassing  and  unlawful  duties 
and  liabilities  concerning  2251-2260. 

To  be  substituted  for  "sheriff"  in  proceed- 
ings supplementary  to  execution  in  jus- 
tice's court  5787. 

To  detain  defendant  arrested  in  civil 
action  in  justice's  court  until  discharged 
by  justice  5748. 

To  give  notice  and  make  return  on  arrest 
of  defendant  in  civil  action  in  justice's 
court  5747. 

To  pay  moneys  collected  on  execution  of 
process  to  justice  of  the  peace  5810. 

To  pay  wages  as  preferred  claim  against 
attachment  or  execution  5494. 

To  serve  process  issued  by  justice  of  the 
peace,  duties  1692. 

To  summon  jury  to  determine  whether 
breach  of  contract  of  apprenticeship 
491. 

Unlawful  to  be  interested  in  purchase  at 
sale  made  officially  2828. 

Unlawful  to  purchase  judgment  2821. 

When  liable  for  arresting,  in  civil  action, 
witness  subpenaed  5446. 

When  may  arrest  defendant  in  civil  action 
in  justice's  court  5744. 

When  not  to  act  as  attorney  in  justice's 
court  5725. 

When  substituted  for  "sheriff"  in  sections 
relating  to  attachment  5752. 

When  to  relinquish  property  on  stay  of 
execution  on  appeal  from  justice's  court 
5793. 

When  to  select  arbitrators  to  fix  charges 
and  damages  for  hogs  found  trespass- 
ing 2257. 

When  to  sell  baggage  left  at  hotel  or  lodg- 
ing house  2153. 

When  to  sell  hogs  found  trespassing,  notice 
2256. 

When  to  take  defendant  arrested  in  civil 
action  in  justice's  court  before  another 
justice  5746. 

Construction,  reference  in  statutes  to  pro- 
visions of  law  revised  and  reenacted  in 
civil  practice  act  to  be  construed  as 
applying  to  these  provisions  5817. 

When  provisions  of  civil  practice  act  to 
be  construed  as  a  continuation  of  exist- 
ing statutes  and  not  as  new  enactments 
5817. 


2185 


INDEX 


Civil  practice 


Consul  of  United  States,  may  take  affidavit 
in  foreign  country  5442. 

To  certify   to  judicial   record  of  foreign 

country  5411. 
Contagion,   damages   recoverable  for,   when 

spread  by  diseased  live  stock  22C8.     See 

Live  Stock. 

Contempt,     attachment    for.     when     issued, 
notice  to  show  cause  ."»:>,;»7. 

Attorney  practicing  without  license  506. 

Bail  may  be  given  by  person  arrested  5398. 

P.y  failure  to  obey  subpena  issued  by  rail- 
road commission  4561. 

Citation,  failure  to  obey  in  personal  prop- 
erty tax  suit  :',r,7!>. 

Conviction  of  for  entering  land  after 
ouster  unless  judgment,  alias  process 
may  issue  ."»:!! M.  :.:;:).",. 

(Vnviction  of  in  justice's  court  to  be 
entered  in  do. •]<«•!  r.T'.O. 

Corporations,  failure  to  obey  order  for 
election  of  directors  1130. 

1  Msohedieiice  of  order  of  district  judire 
for  removal  of  officer  of  corporation 
1223 

IMstrict  judire.  application  to  other,  when 
constitutes  4X82. 

i:\eciitoi-  or  administrator,  commitment 
for  OIOL'. 

Failure  to  attend  under  suhpcna  for  tak- 
ing of  testimony  r»i:;i'. 

Failure  to  obev  citation  in  estate  proceed- 
in  i:  r.'.ir.l. 

Failure  to  obey  order  for  election  of  di- 
rectors 1  1  :',<>. 

Failure  to  obey  order  of  court  ill  QUO 
warranto  deemed  ."07!  >. 

Failure  to  obey  order  of  district  court  for 
delivery  to  oiliccrs  elect  of  books  and 
papers  of  corporation  1182. 

Failure  to  obey  order  of  justice  or  judge 
for  correct  ion  of  error  or  omission  relat- 
ing to  primary  election  1763. 

Failure  to  obey  subpena  of  coroner  7548. 

Failure  to  obey  subpena  to  appear  before 
public  service  commission  4532. 

Failure  to  produce  child  in  juvenile  court 
732. 

For  interference  with  order  of  juvenile 
court  754. 

For  refusal  of  witness  to  obey  subpena,  to 
be  sworn  or  testify  or  subscribe  to 
affidavit  or  deposition  5438. 

For  refusal  to  produce  book  or  writing 
for  inspection  5416. 

General  provisions  in  district  court,  sched- 
ule of  sections  5394. 

General  provisions  in  justice's  court, 
schedule  of  sections  5795. 

Imprisonment  for  omission  of  act  5404. 

In  cases  where  witness  may  be  punished 
for  disobedience,  not  subject  to  civil 
arrest  5445. 

In  civil  action,  schedule  of  sections  5394. 

Indictment  for  contemptuous  conduct,  sen- 
tence 5405. 

In  immediate  view  and  presence  of  jus- 
tice's court,  proceedings  for  5796. 

Tn  justice's  court  5795. 

Legislature,- either  house  may  punish  for 
(Xev.  Const.)  265. 


Contem  pt — cont  inu  ed . 

Municipal  court  may  punish  for  same  as 
justice  of  the  peace  835. 

Not  in  immediate  view  and  presence  of 
justice's  court,  proceedings  for  5797. 

oiiicer  taking  acknowledgment  may  com- 
mit witness  for  refusal  to  testify  1034. 

On  refusal  of  putative  father  to  obey 
order  or  judgment  for  support  of  ille- 
gitimate child  7r><:. 

Party  may  be  adjudged  guilty  of  and  fined 
for  failure  to  obey  writ  of  mandamus 
5707. 

Tarty  may  be  punished  for  removing  ore 
during  postponement  of  trial  to  allow 
development  of  mining  claim  5203. 

Penalty   for  .".403. 

•Person  failing  to  appear  as  interpreter 
when  summoned  may  be  punished  5430. 

Proceedings  may  be  taken  against  party 
refusing  to  testify  or  give  deposition 
6421, 

Process,  resistance  of  2X33,  2834. 

Punished  as  crime,  effect  6299,  6305. 

Referee  in  bankruptcy,  proceeding  before 
:,s::. 

Service  of  notice  and  papers  not  applica- 
ble in  certain  cases  ."»30X. 

To  apply  for  order  after  application  for 
same  has  been  refused  except  to  judge 
of  higher  court  4XX2. 

What  acts  punishable  as  in  justice's  court 
5796. 

What  deemed  :..".'.)4. 

What  punishments  may  be  imposed  for 
by  justice's  court  .~i7'.>X. 

When  irarnishee  liable  for  on  failure  to 
deliver  to  sheriff  5188. 

When  papers  must  be  served  upon  party 
instead  of  attorney  5375. 

When  punished  summarily  and  when  not 
5396, 

Will,  failure  to  produce  5805. 
Contempt  proceedings,  bail  may  be  given  by 
person  arrested  5398.  . 

Bail  upon,  form  and  conditions  5400. 

Defendant  may  be  arrested  if  he  does  not 
appear  on  return  day  or  undertaking 
may  be  prosecuted  5406. 

Hearing  5402,  5403. 

How  defendant  to  be  held  in  custody  5407. 

Illness  sufficient  cause  for  nonappearance 
of  party  arrested,  confinement  5407. 

Return  of  warrant  of  arrest  and  under- 
taking 5401. 

Sheriff  must  detain  person  until  discharged 
5399. 

Warrant  of  commitment  to  specify  act  to 
be  performed  5404. 

When  defendant  does  not  appear  5406. 
Contest,  before  U.  S.  land  office  as  to  min- 
eral or  agricultural  character  of  land 
2397. 

For  county  or  township  office,  complaint 
or  proceedings,  when  not  to  be  dismissed 
for  want  of  form  1807. 

For  nomination  under  primary  election 
law  1764. 

For  office,  time  for  commencement  of 
4972,  4973. 

For  state  lands  to  be  determined  by  dis- 
trict court  3208. 


Civil  practice 


INDEX 


2186 


Contest — continued. 

In  proceedings  to  restore  lost  records,  bow 
made  5644. 

Of  election  for  city  office,  how  brought 
and  determined  801. 

Of  election  for  county  or  township  office, 
jurisdiction  of  district  court,  may  re- 
quire documentary  evidence  by  man- 
damus 180(5. 

Of  election  for  county  or  township  office, 
when  and  how  elector  may  contest, 
statement,  what  to  contain  1805,  1806. 

Of  election,  when  time  begins  to  run  1894, 

1895. 

Contested  election,  action  may  be  brought 
by  district  attorney  when  any  person 
unlawfully  holds  any  public  office  1814. 

For  county  or  township  office,  clerk  of 
board  of  county  commissioners  to  issue 
certificate  in  accordance  with  judgment 
1810. 

For  county  or  township  office,  fees  of 
clerk,  sheriff  and  witnesses  same  as  in 
district  court  1811. 

For  county  or  township  office,  if  judg- 
ment annuls  election  and  no  appeal 
taken  within  thirty  days,  certificate 
becomes  void  1812. 

For  county  or  township  office,  issuance 
and  service  of  subpenas,  attachment  to 
compel  attendance,  witnesses  1809. 

For  county  or  township  office,  statement 
or  complaint,  filing,  fixing  time  of  hear- 
ing, notice  and  service  1808. 

For  district  judge  triable  in  adjoining  dis- 
trict court  in  like  manner  as  contest 
for  county  or  township  office  1813. 

For  member  of  legislature,  either  party 
may  take  depositions  under  rules  of  dis- 
trict court,  forwarding  to  secretary  of 
state,  delivery  to  presiding  officer  1822. 

For  members  of  legislature,  how  started 
and  conducted,  service  of  notice,  deposi- 
tions, how  taken  and  transmitted  1818- 
1820. 

For  member  of  legislature,  justice  of  the 
peace  to  issue  subpenas  for  taking  depo- 
sitions, witness  may  be  attached  and 
fined,  certification  of  testimony  to 
county  clerk  1819. 

For  member  of  the  legislature,  presiding 
officer  to  notify  members  of  receipt  of 
depositions  and  papers  1821. 

For  member  of  the  legislature,  secretary  of 
state  to  receive  depositions  and  papers 
and  deliver  to  presiding  officer  1820-1822. 

For  state  office,  attorney-general  to  prose- 
cute, supreme  court  has  original  jurisdic- 
tion, justice  may  issue  process  1823. 

One  action  may  be  brought  against  several 
persons  claiming  same  office  1817. 

Sheriff  to  serve  papers  1808-1809, 1811,  1818- 
1820. 

Successful  contestant  may  recover  damages 
1816. 

When  district  attorney  may  have  person 

arrested  for  receiving  fees,  bail  1815. 
Contestee,    for   nomination   under    primary 

election  law,  when  required  to  appear  and 

abide  order  1764. 


Contingent  interest,  to  be  secured  by  court 

in  action  for  partition  5559. 
Continuance,  in  action  for  forcible  entry  or 

unlawful  detainer,  when  may  be  had'and 

for  how  long,  bond  5597. 
In  justice's  court,  not  to  be  for  more  than 

ten  days  unless  upon  undertaking   con- 
ditioned for  payment  of  judgment  5760. 
In  justice's  court,  on  application  of  party 

5759. 

May  be  granted,  to  allow  further  develop- 
ment of  mining  claim  5203. 
Motion  for  in  district  court,  affidavits  and 

counter-affidavits,  service,    rule    xii,    p. 

1427. 
Not  granted  in  action  for  forcible  entry  or 

unlawful  detainer  when  admission  that 

evidence  would  be  given  5598. 
Of  trial,  avoided  by  admission  that  evidence 

alleged  in  affidavit  would  be  given  5202. 
Of   trial,  consent   that   testimony   of  wit- 
nesses be  taken,  may  be  required  5203. 
Of  trial  for  absence  of  evidence  5202. 
Upon    amendment   in    action    for  forcible 

entry  or  unlawful  detainer  5596. 
Contract,  entry  of  judgment  upon  by  default 

in  justice's  court  5754. 
In  name  of  another,  suit  by  other  as  trustee 

4987. 
In  writing,  action  upon  may  be  commenced 

within  six  years  4967. 
Justice's  court  has  jurisdiction  of  amount 

not  exceeding  $300  exclusive  of  interest 

5714. 
Law  imparing   obligation    of    not    to    be 

passed  (Nev.  Const,  art.  i,  sec.  15)  244. 
Not  founded  upon  instrument  in  writing, 

action  may  be  brought  within  four  years 

49(57. 

Obligation  of  two  or  more  persons  in   dif- 
ferent counties,  limitation  of  service  of 

summons  in  justice's  court  5731. 
Of  state  or  municipality  may  be  declared 

void  if  public  officer  interested  2829. 
Party  jointly  liable,  how  may  be  released 

from  his  proportion,  effect  5846. 
Township,  in  which  action  for  to  be  brought 

in  justice's  court  5715. 
When  successive  actions  may  be  maintained 

on  5477. 

Contractor;  or  subcontractor,  when  liable  to 
workman    and    owner   under    employers' 
liability  act  1924. 
Controller.     See  State  Controller. 
Action,  to  direct,  for  money  due  state,  4160, 

4162. 
Action,   when    debtor   of  state    deceased, 

costs  4164. 
Action,  when  to  direct  attorney-general  to 

bring  3685,  4160,  4162. 
County    auditor,  suits    against,  to    control 

3685. 
Defendant    sued   by    state,   when    to    pay 

costs  4164,  4165. 
Fee    or  salary  of  public  officer  garnished, 

may  pay  into  court  2865. 
May  instruct  district  attorney  to  bring  suit 

against    assessor    for    failure    to    make 

settlement  for  taxes  3704. 
Prim  a  facie  evidence,  copy  of  account  4163. 


2187 


INDEX 


Civil  practice 


Controller— continued . 

Summons   to    be    served    upon    in    action 

against  the  state  for  services  or  advances 

authorized  by  law  5653. 
To  draw  warrant  for  amount  of  judgment 

against  state  on  presentation  of  certified 

cop}1  5655. 
To  summon  witnesses  and  may  appeal  in 

actions  against  the  state  for  services  or 

advances  authorized  by  law  5r>5i. 
When  action  may  be   brought   on    claim 

rejected  by  5()5:i. 
Witnesses,  and  documentary  evidence,  may 

examine  4158. 

Controversy,  may  be  submitted  without  ac- 
1   tion  5252. 
Conveyance,  evidence   of   may   be  rebutted 

lo'ir,,  1046. 
If  acknowledged  and  recorded,  subsequent 

purchasers  and  mortgagees  deemed   to 

take  with  notice  1039. 
Judgment   or   order  for  execution  of,  not 

stayed  unless  executed  and  deposited  with 

clerk  5350. 

-Mortgage  of  real  property  not  deemed  with- 
out foreclosure  55  is. 
Notice  of  record  of  mortgage  1038,  1040. 
Not  to  be  adjudged  void  solely  for  want  of 

valuable  consideration   lose,', 
of  lot  in  federal  tmvnsite,  execution  of  after 

trial  of  ad  verse  claims  in  district  court  l'.»s|. 
( )f  mines,  before  1863  proved  by  local  rules, 

regulations  or  customs  of  miners  1102. 
Proof  of  execution,  how  made  1027-1034. 
When  acknowledged  or  proved  and  certified 

may  be  read  in  evidence  1043. 
Conveyances,  in  action  for  partition  must  be 

recorded  and  are  bar  against  parties  .V>r>:,. 
Recorded  in  office  of  county  recorder,  cer- 
tified copies  may  be  read    in  evidence 

1044,  1046,  10'.)).  ' 
Recorded    in    office    of    county    recorder 

impart  notice  1038, 1039,  1093.' 
Seal  or  L.  S.  unnecessary  1095. 
Specific  performance  1073. 
Subject  to  lis  pendens  5021. 
Conviction,  of  bribery  or  embezzlement  of 

public  funds   disqualifies    from  holding 

office  (Nev.  Const,  art.  iv,  sec.  10)  268. 
Of  certain  crimes  excludes  elector  from  jury 

unless  restored  to  civil  rights  (Nev.  Const. 

art.  iv,  sec.  27)  285. 
Of  contempt  in  justice's  court  to  be  entered 

in  docket  5799. 
Of  felony  or  infamous  crime  is  ground  for 

divorce  5838. 
Convicts,  when    statute  of    limitations  does 

not  run  in  civil  actions  4976. 
Cooperative  association,  dissolution  of,  how 

effected  1258. 
Copy,  as  evidence  of  lost  writing  5417. 

Certified,  of  affidavit  filed  with  testimony 

taken  for  perpetuation,  prima  facie  evi- 
dence of  facts  5469. 
Certified,  of  land  patent,  when  admissible 

in  evidence  5415. 
Certified,  of  record  of  evidence  regarding 

real  property,  when  may  be  read  in  evi- 
dence 5414. 
Certified,  of  restored  records  validated  5639. 


Copy — continued. 

Of  foreign  record,  when  admissible  as  evi- 
dence 5412. 

Of  judicial  records  of  this  state  or  the 
United  States  certified  is  evidence  5408. 

Of  record  of  this  state  or  the  United  States 
other  than  judicial  in  custody  of  public 
officer,  when  certified  or  verified  may  be 
read  5409. 

Of  record  or  document,  how  seal  to  be 
attached  to  authentication  5481. 

Of  record,  to  have  court  seal  affixed  4879. 

Coroner,  action  against  for  official  misconduct 

may  be  commenced  within  2  years  4967. 

See"  also  Coroners  and  references  thereto. 

Entitled  to  only  one  mileage  for  serving 
more  than  one  process  in  same  action  re- 
quiring only  one  journey  2037. 

Fees  of,  when  acting  as  sheriff  2010. 

Schedule  of  sections  relating  to  duties  of 
7512. 

When  to  deliver  property  or  money  of  de- 
ceased person  to  county  treasurer  7553. 

When  to  return  and  stay  execution  pend- 
ing appeal  in  district  court,  rule  xxii,  p. 

1  »!".». 

Corporate  authorities,  may  act  in  case  of  death 

or  disability  of  trustee  in  federal  townsite 

L991, 
Corporation.     See  Corporations. 

Action  by  or  against  when  consolidated, 
new  corporation  may  be  substituted  1148. 

Action  for  damages  may  be  brought  within 
one  year  after  ouster  in  quo  warranto  of 
director  5(i(i!>. 

Allegation  of  as  a  legal  conclusion,  when 
sufficient  5078. 

Bank  may  be  resident  agent  1119. 

Bond  of  trustee  appointed  on  dissolution 
of  in  quo  warranto  5672. 

Certificate,  lost,  proceeding  to  obtain  new 
L165, 

Certified  copy  of  certificate  of  incorpora- 
tion is  prima  facie  evidence,  when  1110, 
1221;  as*  to  historic  and  literary  societies 
1384. 

Claiming  property  or  denying  debt  due 
judgment  debtor,  suit  may  be  ordered 
and  transfer  forbidden  5313. 

Collateral  attack,  when  not  allowed  1154. 

County  clerk,  compensation  for  services  at 
proceedings  for  removal  of  director  or 
officer  1223. 

County  clerk,  compensation,  removal  pro- 
ceedings 1182. 

Court  may  appoint  on  dissolution  of,  com- 
pensation 5671. 

Court  may  order  books  and  effects  deliv- 
ered to  trustee  on  dissolution  of  corpora- 
tion in  quo  warranto  5675. 

Court  may  order  sale  of  property  and  fran- 
chise in  lieu  of  dissolution,  acceptance  of 
claims  in  payment  1197. 

Deposition  of  certain  officers  may  be  taken 
5454. 

Directors  and  officers  liable  in  damages  for 
making  false  report  1175. 

Disobedience  of  order  of  district  judge  in 
proceedings  for  removal  of  director  or 
officer,  contempt  1182,  1223. 


Civil  practice 


INDEX 


2188 


Corporation — continued. 
Dissolution  of  cooperative  association  1258, 

of  other  corporations  1190. 
Dissolution  of,  when  receiver  to  file  certi- 
fied copy  of  appointment  and  decree  with 

secretary  of  state  1196. 
Dissolution  proceedings  may  be  set  aside 

by  creditor  1193. 

District  court  may  order  issued  new  certifi- 
cate of  stock  in  lieu  of  one  lost  1165. 
District  judge  vested  with  summary  power 

directing  stockholders  entitled  to  vote  for 

removal  of  director  or  officer  1223. 
Evidence  of  incorporation  1221,  of  ownership 

of  stock  1172. 

Execution  against  for  fine  7410. 
Existence    of,  need    not  be  proved  unless 

affirmatively  denied  5079. 
Failure  to  maintain  agent  or  office,  when 

certificate  void  1120. 
For  insurance  on  assessment  plan,  benefit 

not  to  be  attached  or  seized  1318. 
Foreign,    action    against    for    penalty   for 

failure  to  file  annual  statement  1354. 
Foreign,  certificate  of  incorporation  certi- 
fied by  county  recorder  is  evidence  1346. 
Foreign*  how  may  have  benefit  of  statute 

of  limitations  1355. 

Foreign,  not  to  bring  or  defend  action  with- 
out  filing   certificate    with    secretary  of 

state  1350. 
Foreign,  proof  of  existence  when  certificate 

not  filed  1347. 
Foreign,  requirement  of  security  for  costs, 

stay  of  proceedings  5389. 
Foreign,  to    appoint  resident  agent  upon 

whom  process  may  be  served  5024. 
Foreign,  summons  served  on,  how  5023-5026. 
Foreign,  summons,  service  on  secretary  of 

state,  when  1273,  1276,  1316,  1325,  5023- 

5026. 
Forfeiture    of   franchise    for    term  of  two 

years,  judgment  for  dissolution  5670. 
Franchise  and   propertv,  sale  by  receiver 

1197. 

Included  in  word  "person"  5475,  5479. 
Insolvent,  compensation  of  receiver  1199. 
Insolvent,  wages  of  employee  preferred  lien 

1187. 
Insolvent,  when  court  may  order  receiver 

to  sell  deteriorating  property  1198. 
Judgment  against  for  dissolution  or  restraint 

5670. 

Judgment  against  in  quo  warranto  5667. 
Judgment  in  quo  warranto  ousting  director 

5668. 

Liabilities,  limited  1246. 
Liability  of   directors  when   judgment  of 

ouster  rendered  in  quo  warranto  5678. 
Limitation  of  actions  to  recover  penalty  or 

forfeiture  4984. 

May  apply  to  district  court  to  enjoin  pro- 
ceedings of  bank  examiner  675. 
May  be  enjoined  from  exercising  its  powrers 

or  doing  business  1195. 
May  dissolve  itself  on  application  to  district 

judge  1240. 
Mining,  failure  to  designate  kind  of  stock 

sold  and  penalties  1337-1338,  1340. 
Mutual  fire  insurance  company  may  begin 

suit,  when  1296. 


Corporation— continued. 

Ordinary  business  of  not  to  be  restrained, 
notice  and  hearing  except  when  state  a 
party  5142. 

Organization  of  new  on  sale  of  franchise, 
manner  of  sale  1151. 

Owing  debtor  or  having  property  of  debtor 
may  be  examined  on  proceedings  sup- 
plementary to  execution  5310. 

Proceedings'  for  inspection  of  mine  by 
stockholder  2492,  2495. 

Proceedings  in  quo  warranto  may  be 
brought  against  5656,  5657. 

Publication  of  decree  appointing  receiver 
1196. 

Real  estate  of  church  or  society,  court  may 
make  order  for  sale  1369;  of  Protestant 
Episcopal  Church  1431. 

Receiver  may  be  appointed  on  dissolution 
of  1194,  1195. 

Receiver,  appointment  and  duty  1196,  com- 
pensation 1199,  when  may  sell  franchise 
and  property  1197. 

Removal  of  officer,  proceedings  1180-1181. 

Resident  agent  1118-1120. 

Resident  agent,  bank  may  be  1119. 

Sale  of  deteriorating  property  1198. 

Service  of  process  on,  how  made  1188. 

Shares  of,  may  be  taken  under  execution 
5287. 

Stock  delinquent  sale  1134. 

Stockholders  may  petition  district  court  to 
remove  officer  1180. 

Stock  of,  may  be  taken  under  execution  5287 . 

Stock  of,  subject  to  attachment  5151,  5152. 

Stockprima  facie  evidence  of  ownership  1172. 

Suit  may  be  brought  on  bond  of  trustee  ap- 
pointed on  dissolution  of  corporation  5673 . 

Surety  companies,  liabilities  1244,  1246. 

Trustee  appointed  on  dissolution  in  quo 
warranto  to  collect  debts  and  divide  sur- 
plus 5674. 

Trustee  appointed  on  dissolution  in  quo 
warranto  to  sue  for  debts,  responsibility 
5677. 

Trustee  to  file  sworn  inventory  with  clerk 
on  dissolution  in  quo  w^arranto  5676. 

Violation  of  banking  law  authorizes  annul- 
ment of  charter  626. 

Voluntary  dissolution,  action  of  district 
judge  1240. 

When  directors  or  trustees  have  the  right 
to  be  preferred  in  appointment  of  receiver 
1195. 

When  due  incorporation  of  cannot  be  at- 
tacked collaterally  except  by  the  state  1 154 . 

When  liable  for  death  by  wrongful  act  5647. 

When  liable  for  personal  injuries  5<>49. 

When  receiver  may  be  appointed  5193. 

Writ  of  garnishment  may  issue  against  5172. 
Corporations,  appointment  of  receivers,  dis- 
solution 1194,  1196. 

Attorney-general  may  institute  suit  against 
certain  mining  failing  to  file  statements 
1338. 

District  judge  may  act  in  relation  to  re- 
moval and  election  of  directors  and 
officers  1179-1182. 

Dues  may  be  secured  as  prescribed  by  law, 
but  corporators  not  individually  liable 
for  debts  (Nev.  Const,  art.  viii,  sec.  3)340. 


2189 


INDEX 


Civil  practice 


Corporations — continued. 
Foreign,    may    exercise    right    of    eminent 

domain  5629.     * 
Foreign,  to  comply  with  laws  before  entitled 

to  act  under  eminent  domain  5029. 
May  sue  and  be  sued  same  as  individuals 

(Nev.  Const,  art.  viii,  sec.  5)  342. 
Owing  defendant  may  be  garnished  5154. 
Rates  of  certain,  may  be  regulated  by  the 

legislature  (Nev.  Const,  art.  iv,  sec.  20)278. 
Revisory  power  of  district  court  over  elec- 
tion of  officers,  may  order  new  election 

1130. 
Right  of  way  not  to  be  appropriated  to  use 

of,  until  compensation  is  made  or  secured 

344. 
Corporators,   not    individually    liable  (Nev. 

Const.)  340. 

Correction  of  judgment,  order  or  proceeding 

in  district  court  not  to  be  made  unless  upon 

notice  within  six  months,  rule  xlv,  p.  1431. 

Cost,    of   boarding    and    lodging   jury    kept 

together,  how  paid  and  charged,  verdict 

not  to  be  entered  until  paid  I'.Mi'. 
of  publication  of  process  or  paper,  officer 

to  be  paid  in  advance  2026. 
Of  removal  of  nuisance,  civil  action   may 

be  maintained  for  5)21. 
Cost   bill,    may   be   verified    by    party,    his 

attorney  or  agent,  or  clerk"  of  attorney, 

when  and  how  to  be  filed  5387. 
Costs,  affidavit  of  sureties  on  undertaking  by 

nonresident  or  foreign    corporation    for 

payment  of  53'.  M>. 
Against  garnishw  5177. 
Allowance,    settlement,     indorsement    on 

remittitur,  on  appeal  to  supreme  court, 

S.C.  rule  vi,  p.  1122. 

Allowed  defendant  when  he  recovers  5:171'. 
Allowed  for  bond    obtained    from    surety 

company  6(.)9. 
Allowed  opposite  party  when  there  is  failure 

to  embody  in  statement  on  appeal  fair 

portion  of  testimony  essential  to  presen- 
tation of  exception  5333. 
And  alimony  pendente  lite  may  be  ordered 

paid  by  husband  in  action  for  divorce 

5843. 

And  damages,  when  appeal  taken  for  de- 
lay, 5359. 
And  damages,  wrhen  may  be  ordered  on 

dismissal  of  appeal  to  district  court  5794. 
And  fees  in  action    for  delinquent    taxes, 

when   payable,  how  entered  and  taxed 

3673. 
And  interest  must  be  included  by  clerk  in 

judgment  and  docket  5388. 
And  judgment  on  official  bond,  liability  of 

surety  2886. 
And  penalty  in  action  for  delinquent  taxes 

to   be  included  in  complaint,  summons 

and  judgment  3660. 
Apportionment  of  in  proceedings  in  eminent 

domain  5623. 
Before    trial    not    allowed    in    controversy 

submitted  without  action  5253. 
Court  may  direct  manner  of  collection  on 

review  other  than  by  appeal  5386. 
Court  or  judge  may  settle  at  chambers  5387. 
Delinquent  taxpayer  liable  for  if  receipt  not 

served  on  district  attorney  3655. 

138 


Costs— continued.- 

Dismissal  of  action  for  failure  of  non- 
resident or  foreign  corporation  as  plaintiff 
to  give  undertaking  for  payment  of  5391. 

Due  officer  enforcing  tax  on  property  bid 
in  by  county,  when  treasurer  to  pay  from 
rental  or  sale  3671. 

Execution  for,  to  be  issued  when  remittitur 
filed  in  lower  court  5361. 

Expense  for  board  and  lodging  of  jurors 
when  kept  together  taxed  in  favor  of 
prevailing  party  2035. 

Expense  of  disincorporation  of  city,  how 
paid  876. 

Failure  to  pay  as  ground  for  dismissal  of 
case  appealed  from  justice  court  to  dis- 
trict court,  rule  xxxvii,  p.  1430. 

Fees  for  not  more  than  two  witnesses  to  be 
allowed  for  same  facts  2000. 

Fees  not  to  be  allowed  for  more  than  two 
witnesses  to  same  fact  2012. 

Fees  of  attorney  recoverable  as  as  in  jus- 
tice's court  5814. 

Fees  of  attorney  to  be  taxed  as  in  favor  of 
prevailing  party  in  action  for  damages 
for  causing  workman  to  change  place  of 
employment  by  misrepresentation  1938. 

Fees  of  clerk  need  not  be  included  in  cost 
bill  5387. 

Fees  of  jurors  recoverable  as  from  losing 
party  2001. 

Filing  and  service  of  verified  cost  bill,  re- 
taxing  5387. 

How  taxed  in  proceedings  to  restore  lost 
records  5646. 

In  action  against  estate  of  deceased  persons 
not  recoverable  unless  more  recovered 
than  allowed  on  claim  5973. 

In  action  against  railroad  company  for  re- 
fusal to  transport  passenger  or  property 
3559. 

In  action  by  or  against  executor,  adminis- 
trator or  trustee  and  how  chargeable  5385. 

In  action  by  woodchopper  on  lien  2230. 

In  action  for  abuse  of  apprentice  492,  493. 

In  action  for  percentage  of  receipts  and 
forfeiture  of  franchise  of  toll  road 
3757. 

In  Mdi(  n  for  removal  of  nuisance  1562. 

In  action  on  lien  for  labor  and  material 
2222,  2427. 

In  action  on  wages  disputed  as  preferred 
claim  5494. 

In  action  to  determine  whether  breach 
of  articles  of  apprenticeship  492. 

In  adverse  claim  for  mine  when  either 
party  establishes  right  2384. 

In  civil  action,  schedule  of  sections  5376. 

In  garnishment  proceedings,  how  allowed 
or  apportioned  5179,  5189. 

In  justice's  court  to  be  included  in  judg- 
ment 5778. 

In  matters  of  an  estate  to  be  determined 
by  court  and  execution  may  issue  there- 
for 6109. 

In  proceedings  for  erection  of  partition 
fences  3606. 

In  proceedings  regarding  partition  fence 
3605. 

In  proceedings  to  obtain  right  of  way  for 
railroad  3544. 


Civil  practice 


INDEX 


2190 


- 


Costs — continued. 

In  suit  on  lien  for  charges  on  animals 
5499. 

Judgment  for  in  actions  for  removal  of 
officer  for  malfeasance  2852. 

Judgment  for  in  quo  warranto  5667. 

Judgment  to  be  entered  against  county 
commissioners  for  on  proceedings  to 
set  aside  covenants  of  apprenticeship 
493. 

Jurors'  fees  to  be  paid  temporarily  by 
plaintiff  if  no  verdict  2001. 

Justice's  court  may  require  deposit  or 
undertaking  as  security  before  issuing 
summons  5812. 

Liability  for  in  undertaking  on  appeal 
5347. 

Limited  for  sale  of  unclaimed  property 
by  jeweler  533. 

May  be  Imposed  as  a  condition  of  post- 
ponement 5383. 

May  be  recovered  for  witness  fees  although 
not  actually  paid  5387. 

Must  be  entered  in  judgment  after  they 
are  taxed  5278. 

Not  allowed  for  typewriting  or  printing  of 
surplusage  in  statement  on  appeal  5333. 

Not  chargeable  against  garnishee  unless 
his  answer  is  successfully  controverted 
5175. 

Not  payable  by  county  in  action  for  abuse 
of  apprentice  493. 

Not  recoverable  if  plaintilr  does  not  re- 
cover more  favorable  judgment  than 
offered  as  compromise  5265. 

Not  recoverable  in  actions  to  quiet  title 
if  defendant  does  not  make  claim  5515. 

Not  to  be  charged  against  city  or  town  in 
action  for  delinquent  taxes  999. 

Of  partition  lien  on  shares  of  parceners 
5574. 

Of  publication,  posting  and  filing  notice 
in  delinquent  tax  suit  3663. 

Of  suit,  attachment  lien  in  action  for 
damages  for  herding  or  grazing  live 
stock  on  lands  of  another  2336. 

Of  officers  for  enforcement  of  taxes,  paid 
by  county  treasurer,  how  and  when  3671. 

On  appeal,  when  in  discretion  of  court 
5381. 

On  forfeiture  of  bail  in  contempt  pro- 
ceedings 5406. 

On  order  for  delivery  of  property  stolen 
or  embezzled  7446. 

On  order  for  underground  survev  of  mine 
5511. 

On  review  other  than  by  appeal  5386. 

On  sale  of  property  on  foreclosure  if 
mortgage  or  lien  payable  in  install- 
ments 5503. 

Party  against  whom  judgment  is  entered 
has  five  days  after  service  of  cost  bill 
in  which  to  move  to  retax,  rule  xxxiv, 
p.  1430 

Party  prevailing  entitled  to  recover  5376, 
5377. 

Payable  out  of  county  treasury  when 
county  losing  party  5393. 

Payable  out  of  state  treasury  when  state 
losing  party  5392. 

Payment  of  may  be  required  upon  grant- 
ing relief  from  mistake  5084. 


Costs— continued. 

Payment  of  on  adjournment  made  neces- 
sary by  amendment  of  pleadings  in  jus- 
tice's court  5742. 

Payment  of  on  change  of  place  of  trial  of 
action  in  justice's  court  5719. 

Payment  of  on  setting  aside  judgment  by 
default  in  justice's  court  5742. 

Per  diem  paid  jurors  recoverable  from 
losing  party  2013. 

Preference  of  payment  in  actions  for  par- 
tition, property  sold  5549. 

Previously  incurred  by  cotenant  for  pro- 
tecting property,  when  apportioned  in 
partition  proceedings  5543. 

Purchaser  under  execution  sale  refusing 
to  pay  bid  liable  for  5293. 

Recoverable  in  action  after  revocation  of 
submission  to  arbitration  5264. 

Recoverable  in  mandamus  proceeding  5705. 

Security  for  in  action  in  quo  warranto 
5659. 

To  be  advanced  jailer  on  arrest  in  civil 
action  5123. 

To  be  included  in  entry  of  judgment  in 
justice's  court  docket  5800. 

To  be  included  in  judgment  527s. 

To  be  paid  from  proceeds  of  sale  on  fore- 
closure of  mortgage  or  lien  5501. 

To  be  recovered  by  prevailing  party  under 
employers'  liability  act  1923. 

Townsite  lot  proceeding  to  be  paid  in 
advance  1984. 

Undertaking  for  in  action  in  quo  war- 
ranto for  usurpation  of  public  office  5660. 

rpmi  making  amendment  5081,  5083. 

What  appellant  allowed  for  printed  tran- 
script on  appeal  5357. 

When  allowed  in  one  action  if  several 
actions  on  same  instrument  5378. 

When  appeal  is  on  ground  that  evidence 
does  not  support  verdict  or  decision, 
testimony  may  be  inserted  at  expense 
of  party  losing  on  this  ground  5333. 

When  awarded  execution  may  issue  there- 
for as  upon  a  judgment  5361. 

When  chargeable  against  executor,  ad- 
ministrator or  trustee,  for  mismanage- 
ment 5385. 

When  defendant  nonresident  or  foreign 
corporation,  security  may  be  required 
for,  stay  of  proceedings  5388. 

When  executor  or  administrator  liable  for 
in  action  against  estate  of  deceased 
person  5976. 

When  fees  of  court  reporter  may  be  taxed 
as  4913. 

When  in  discretion  of  court  5380. 

When  may  be  allowed  plaintiff,  although 
he  recover  only  $300  in  district  court 
5380. 

When  may  be  entered  against  sureties 
in  judgment  against  sheriff  for  official 
acts  5242. 

When  not  recoverable  after  offer  to  allow 
judgment  in  justice's  court,  recovery 
against  party  refusing  offer  5777. 

When  not  recoverable  if  tender  in  action 
for  recovery  of  money  5384. 

When  recoverable  by  defendant  if  tender 
and  deposit  in  action  ior  recovery  of 
money  5384. 


2191 


INDEX 


Civil  practice 


Costs — continued. 

When  recoverable  in  action  a  gainst  county 
1523. 

When  several  defendants  make  separate 
defenses  5380. 

When  to  be  entered  in  default  judgment 
5236. 

When  to  be  paid  by  intervene!-  5(Mi6. 

Who  entitled  to  in  justice's  court  5813. 

Witness  fees  to  be  allowed   in  civil  cases 

2000,  2012. 

Counsel,  fees  previously  incurred,  when  not 
apportioned  in  action  for  partition  551.",. 

May  be  appointed  for  child  under  juvenile 
court  law  742. 

May  use  instructions  in  addressing  jury, 
rule  xl.  p.  1431. 

obtaining  order  or  judgment  in  district 
court  to  furnish  form  to  clerk,  rule 
xxx ii.  p.  1  13«>. 

When  judge  not  to  act  as  4sr,r,. 
Counter  affidavits,   in  contest    in  proceeding 

to  restore  lost    record  .',<;  1  I. 
Counterclaim,  admitted  by  failure  to  demur 

or  reply  r.cr.x. 

Counterclaim,  allowance  of   in  garnishment 
proceedings  51S1. 

D-'.-mcd  complaint  when  defendant  applies 
for  provisional  remedies  5P.M. 

Failure  to  set  up  waives  right  to  later 
maintain  action  5(I4S. 

<  Grounds  of  demurrer  5n5  1. 

If  net  set  up  in  action  in  justice's  court 
defendant  or  assignee  cannot  after- 
wards sue  5739. 

In  civil  action  5O47. 

In  civil  action  in  justice's  court  5738. 

.Judgment  may  be  given  on  in  favor  of 
defendant  5l_»r,s. 

New  party  may  be  made  or  may  be  left 
for  new  action  5<;51. 

Reply  to.  must  be  filed  and  served  5057. 

Reply  to  part  of.  demurrer  to  part  of  5055. 

Reply  to.  what  to  contain  5O57. 

Subject  to  lien  for  attorneys'  fees  5376. 

Verdict  en  5223. 
Counties,  act  ions  by.  against  or  between  5013. 

Change  in  boundaries,  justice  of  the  peace 
successor  of  predecessor  5805. 

How  mortgaged  property  situated  in  two 
or  more  to  be  sold  on  foreclosure  5501. 
County,    abatement    of    nuisance    in    to    be 
ordered   by   commissioners,   district  at- 
torney to  bring  action  1562. 

Action  against  on  rejected  claim  must  be 
commenced  within  one  year  after  re- 
jection thereof  4967. 

Action  by  or  against,  district  attorney  to 
prosecute  or  defend  1598. 

Action  not  to  be  brougnt  against  until 
claim  is  first  presented  to  commission- 
ers and  auditor,  costs,  when  recover- 
able 1523. 

As  a  party  to  action,  when  not  required 
to  give  bond  or  undertaking  5487. 

Attached  to  another  for  judicial  purposes, 
sheriff  has  same  power  1658. 

Claim  against,  if  taxpayer  objects,  com- 
missioners to  defer  action  at  least  ten 
days  to  allow  institution  of  proceed- 
ings to  determine  validity  1521. 


County — continued. 

Costs  not  payable  by  in  action  for  abuse 
of  apprent  ice  493. 

Demand  against,  not  presented  within  six 
mouths  after  notice  that  it  is  payable, 
funds  may  be  paid  for  other  purposes, 
but  demand  becomes  due  again  on  re- 
presentation 1563. 

District  attorney  not  to  advocate  claim 
against  1520.  1(505. 

Indebtedness  or  liability  to.  local  or  special 
law  releasing  invalid  (Nev.  Const,  art. 
iv.  sec.  20)  27S. 

May  have  contract  declared  void  if  public 
otficer  interested  2S2J>. 

Need  not  give  undertaking  on  appeal  5346. 

When  losing  party,  costs  payable  out  of 
county  treasury  5393. 

When    may    recover    for   relief   furnished 

indigent  of  another  county  2922. 
County  assessor,  failure  to  make  settlement 
for    taxes,    district     attorney    to    bring 
suit  against   him  and  sureties,  no  credit 
for  delinquent  3701. 

May  force  collection  of  taxes  by  sale  of 
personal  property,  may  give  absolute 
deed,  fees  3700. 

Neglect    to   make    monthly   statements   of 
collections    on    personal    property,    pro- 
ceedings to  be  commenced  against  3681. 
County  business,  local  or  special  law  regu- 
lating, invalid  i  Xev.  Const,  art.  iv,  sec.  20) 

27S. 

County   clerk,    fees   in  counties  polling  800 
votes  or  less  20O". 

Fees  in  counties  polling  over  800  votes 
1995. 

Fees  in  proceedings  for  removal  of  direct- 
ors 01-  ollicers  of  corporation  1182. 

Filing  of  certilicate  of  district  judge  as  to 
which  of  two  justices  of  the  peace  en- 
titled is  successor  5807. 

In  absence  of  district  judge  may  commit 
insane  persons  to  asylum  2210. 

May  certify  to  certificate  of  incorporation 
1221. 

Service  of  notices  and  papers  may  be 
made  upon  when  party  has  no  office  at 
county-seat  5369. 

To  certify  to  writ  of  attachment  in  jus- 
tice's court  for  service  In  another  county 
5751. 

To  certify  under  seal  to  summons  in  jus- 
tice's court  for  service  in  another  county 
5732. 

To  deduct  fees  paid  juror  in  civil  case 
from  amount  due  him  from  county  2013. 

To  enter  name  of  minister  of  gospel  au- 
thorized to  solemnize  marriage  2340. 

To  file  and  docket  abstract  of  judgment 
from  justice's  court  5780. 

To  issue  execution  to  other  counties  on 
abstract  of  judgment  from  justice's 
court  docketed  in  district  court  5781. 

To  receive  depositions  on  contest  for 
members  of  the  legislature  and  indorse 
and  transmit  to  secretary  of  state  1819, 
1820. 

To  receive  docket  and  papers  on  death  or 
removal  of  justice  of  the  peace  5804. 


Civil  practice 


INDEX 


2192 


County  clerk— continued. 
When   may   make  order  for  inspection  of 

mine  by  stockholders,  registration,  oath, 

fee  2492,  2495. 
County  commissioners,  action  for  removal  for 

contracting  floating  indebtedness  3834. 
Authorizing  contract  when   money  not  in 

treasury,  action  for  removal  of  3830,  3834. 
Judgment  to  be  entered  against  for  costs 

on  proceedings  to  set  aside  covenants  of 

apprenticeship  493. 
May  be  removed  or  suspended  and  others 

appointed    to   perform    duties    pending 

charges  3753. 
May  instruct  district  attorney  to  bring  suit 

against  assessor  for  failure  to  make  set- 
tlement for  taxes  3704. 
May  order  payment  and  action  against  per- 
son for  support  of  poor  kindred  2916-2917. 
May  order  sale  of  property  bid  in  by  county 

treasurer  for  delinquent  taxes  3667. 
May  order  treasurer  to  sell  property  to  which 

he  holds  deed  from  delinquent  tax  sale 

3767. 
May  remove  county  treasurer  when  action 

commenced  on  his  bond  1685. 
May  revoke  licenses,  proceedings  3868. 
May  suspend  from  office  county  or  revenue 

officer  under  presentment  3753. 
May    suspend     revenue     officer     pending 

charges    and  appoint  other  to  perform 

duties  3753. 
Proceedings  to  determine  whether  breach 

of  contract  of  apprenticeship  491. 
To  act  in  regard  to  apprentices  490. 
To  appoint  successor  to  officer  removed 

for  malfeasance  2853. 
To  bring  action  for  abatement  of  nuisance 

1562. 
To  have  notice  of  proceeding  before  justice 

of  the  peace  to  set  aside  covenants  of 

apprenticeship  493. 
To  order  abatement  of  nuisance  in  county 

and  institution  of  suit  1562. 
Transmission  to  of  copy  of  judgment  remov- 
ing officer  for  malfeasance  2853. 
Under  presentment  maybe  suspended  from 

office  by  district  judge  3753. 
Voting  for  excess  taxes,  action  for  removal 

3828. 
Water,  public,  suits  for  pollution,  tax  for 

costs  4716,  4717. 
When  to  pay  fees  and  costs   from  sale  of 

property  bid  in  by  county  treasurer  in 

action  for  delinquent  taxes  3673. 
County  funds,  assigned  to  payment  of  claim, 
if  not  collected  within  two  years  payable  on 
other  claims,  new  demand  and  reallowance 
necessary  or  claim  barred  1536. 
County    office,  time    for    beginning  election 

contest  4973 
County  officers,  legislature  may  regulate  fees 

and    compensation  (Nev.  Const,  art.  iv, 

sec.  20)  278. 
Local  or  special  law  for  regulating  election 

invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 
County  officers,  may  be  removed  for  malfeas- 
ance 2851,  2852. 
County  recorder,  action  against  for  entering 

satisfaction  of  mortgage  without  affidavit 

that  taxes  are  paid  3755. 


County  recorder— continued. 

May  certify  to  certificate  of  incorporation 
of  foreign  corporation  1346. 

To  certify  copy  of  mortgage  deed,  assign- 
ment on,  or  payment  as  evidence  3789. 

To  file  duplicate  of  sale  under  execution 
5298. 

To  file  notice  of  pendency  of  action  to  deter- 
mine adverse  claim  to  real  property  5522. 

To  record  order  making  sole  trader  2191. 

To  record  order  of  adoption  of  child  5832. 

To  record  plat  of  survey  of  public  lands  as 
basis  for  possessory  action  5851. 

To  record  without  charge  deeds  for  prop- 
erty bid  in  by  county  treasurer  on  sale  for 
delinquent  taxes  3669. 
County  records,  impart  notice  1093. 
Court  records,  reference  may  be  made  to  on 

motion  for  new  trial  5321. 
County-seat,  district  court  to  be  held  at  (Nev. 

Const,  art  vi,  sec.  7)  322. 
County  surveyor,  and  deputies,  certificate  of 

may  be  submitted  as  evidence  1667. 
County  treasurer,  action  against  district  attor- 
ney for  failure  to  pay  over  moneys  1601. 

Failing  to  settle  with  auditor,  liability  in 
suit  for  taxes  charged  on  roll  3650. 

How  to  pay  fee  received  from  occupant  of 
public  land  for  absence  under  act  relat- 
ing to  possessory  actions  5853. 

May  be  ordered  by  county  commissioners  to 
sell  property  to  which  he  has  deed  under 
sale  for  delinquent  taxes  3767. 

May  be  removed  by  county  commissioners 
when  action  commenced  on  his  bond  1685. 

May  make  deed  for  real  estate  sold  by 
predecessor  1662,  1663. 

May  sell  unclaimed  stolen  property  7449. 

To  bid  in  property  on  sale  for  delinquent 
taxes  if  no  other  bidders,  on  order  of 
commissioners  to  execute  deed  to  pur- 
chaser 3667. 

To  sell  property  for  delinquent  taxes 
amounting  to  less  than  $300  3651. 

When  may  pay  to  person  entitled  money  of 
deceased  person  received  from  coroner 
7555. 

When  may  sell  property  and  place  money 
of  deceased  person  in  county  treasury 
7553. 

When  to  bring  action  against  district  at- 
torney for  failure  to  account  1601. 

When  to  pay  costs  incurred  in  delinquent 
tax  sale  from  rental  or  sale  of  property 
3671. 

When  to  receive  surplus  on  sale  of  animals 

on  lien  for  charges  5500. 
County  treasury,  local  or  special  law  refund- 
ing money  paid  into  invalid  (Nev.  Const. 

art.  iv,  sec.  20)  278. 

County  uses,  eminent  domain  may  be  exer- 
cised for  5606. 

Court,  boisterous  conduct  toward  is  contempt 
5394. 

District,  jurisdiction  of  (Nev.  Const,  art.  vi, 
sec.  6)  321. 

District,  may  issue  writs  of  mandamus,  in- 
junction, quo  warrantp,  certiorari,  habeas 
corpus  and  other  writs  (Nev.  Const,  art. 
vi,  sec.  6)  321. 


2193 


INDEX 


Civil  practice 


Court— continued. 

District,  times  of  holding  to  be  as  fixed  by 
law  and  to  be  at  county-seat,  but  legis- 
lature may  divide  county  into  two  or 
more  districts  and  designate  place  of 
holding  court  (Nev.  Const,  art.  vi,  sec.  7) 
322. 

Kvery.  has  power  to  enforce  order,  compel 
obedience  to  its  judgments,  orders  and 
process,  and  control  conduct  of  its  min- 
isterial officers  4864. 

Held  in  another  place,  appearance  of  per- 
sons required  4S74. 

Inferior,  in  cases    appealed    from,  district 
court    has    final     appellate    jurisdiction 
(Nev.  Const,  art.  vi,  sec.  <>>  :521. 
Court,  justice's,  change  of  place    of  trial   in 
civil  action  ">717. 

lias  such  criminal  jurisdiction  as  may  be 
prescribed  by  law  (Nev.  Const,  art.  vi, 
sec.  8)  :;2:;. 

Jurisdiction  of  (Nev.  Const,  art.  vi,  sec.  8) 
ill':;. 

Legislature  mavprescribe  regarding  appeals 
from  (Nev.  Const,  art.  vi,  sec.  8)  323. 

Place  of  trials  of  civil  actions  57  r>. 

When  and  where  held,  always  open,  juris- 
diction in  civil  cases  571  I. 

When  place  of  trial  in  civil  action  ordered 
changed,  parties  may  agree  upon  court 
5718. 

Court,  may    determine    controversy   without 
action  5252. 

Value    of    real    propertv,  judgment,  costs 

6377. 
Court  may  lix  amount  of  undertaking  to  stay 

execution   of  judgment  or  order  pending 

appeal  5:J5l. 
Court,  may  order  actions  consolidated  5478. 

Deposition  taken  out  of  state  .~>JV.i. 

Execution  in  officer's  own  name  for  unpaid 
fees  2i  >2  7. 

Property  attached  to  be  sold  515s. 
Court,  may  provide  how  cases  shall  be  entered 

on  calendar  5200. 
Court,  may  shorten  time  for  notice  of  motion 

5364. 

Court,  municipal,  jurisdiction  of  832-835. 
Court  of  record,  justices  of  the  peace  not  to 
try  cases  in  conflict  with  jurisdiction  of 
(Nev.  Const,  art.  vi,  sec.  8)  323. 

Or  clerk,  to  ask  jury  if  they  have  agreed 
upon  verdict  5218. 

<  >r  judge,  may  order  injunction  5136. 

Or  judge,  may  settle  cost  bill  at  chambers 
5387. 

Power  of  in  proceedings  under  eminent 
domain  5614. 

Sessions  to  be  public,  exception  4862,  4863. 

Supreme,  times  of  holding  to  be  as  fixed 
by  law  and  to  be  at  seat  of  government, 
(Nev.  Const,  art.  vi,  sec.  7)  322. 

To  fix  stav  bond  on  appeal  in  certain  cases 
5349. 

To  instruct  jury  to  find  special  verdict  5222. 

When  may  be  held  at  another  place  4873. 

When  may  dispense  with  undertaking  on 
appeal  if  appellant  is  executor,  admin- 
istrator or  trustee  5352. 

When  may  fix  costs  at  discretion  5380,  5381. 


Court  of  record — continued. 

When  may  proceed  upon  in  matter  not 
affected  by  judgment  or  order  appealed 
from  5352 1 

Court  fees,  appeal  not  deemed  perfected  until 
paid  2031. 

On  appeal  to  supreme  court  2032. 

To  be  advanced  to  clerk  by  party  bringing 
action  or  taking  appeal*  and  applied  to 
compensation  of  judge  (Nev.  Const,  art 
vi,sec.  16)  3:51. 

To  be  paid  on  appeal  from  justice's  court 
2081. 

Upon  commencement  of  action  or  proceed- 
ing in  district  court  2030. 
Court  reporter   I908-4JU3. 

Appointment  and  qualifications  4908,  4909. 

Duties  and  oath  4910,  491 1 . 

Fees  49i:;. 

Not  required  to  perform  services  until  fees 
are  paid  or  deposited  with  clerk  4913. 

Pro  tern  pore  4910. 

Removal  4908,  4910. 

Transcript  certified  by,  as  evidence  4912. 
Court  rules,  publication  of  48 •!•">. 
Court  seal,  how  may  be  affixed  4880. 

Inscription  4876. 

To  what  papers  or  proceedings  to  be  affixed 

1879. 

Courts,  inferior  to  supreme   court   may  be 
established  by  Congress  119,  153. 

Judicial  power  of  state  vested  in  supreme 
court,  district  courts,  justices  of  the 
peace  and  municipal  courts  (Nev.  Const. 
art.  vi,  sec.  1)  316. 

Local  or  special  laws  relating  to  practice 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

Persons  having  judicial  powers  not  to  exer- 
cise functions  pertaining  to  legislative  or 
executive  departments  (Nev.  Const,  art. 
iii,  sec.  1)  258. 

Proceedings  of  in  other  states,  how  certified 
and  proved  5410. 

Supreme  and  district  and  such  other  as  the 
legislature  may  designate  are  courts  of 
record  (Nev.  Const,  art.  vi,  sec.  8)  323. 

To  take  judicial  notice  of  change  in  class 
and  organization  of  cities  775. 

What  business  allowed  to  transact  on  non- 
judicial  days  4870. 

Where  to  be  held  4871. 
Courts  and  court  officers,  schedule   of  acts 

and  of  sections  of   general  act,  statutory 

and  constitutional  cross-references  4828. 
Courts-martial.     See  State  Militia. 
Credibility  of  witness,  jury  to  be   exclusive 

judges  5420. 
Credit,  on  judgment,  to  be  ordered  by  judge 

or  justice  on  release  of  joint  debtor  5848'. 
Credits,  how  attached  5153,  5169. 
Creditor,  defined  in  relation  to  sale  or  assign- 
ment of  goods  deemed  fraudulent  1079. 

Having  lien,  may  redeem  real  property  sold 
under  execution  5299. 

How  may  release  joint  debtor  of  his  pro- 
portion, effect  5846. 

May  apply  for  appointment  of  receiver  and 
dissolution  of  corporation  1194,  1195. 

May  sue  remaining  debtors  without  making 
debtor  released  from  his  proportion  party 
5847. 


Civil  practice 


INDEX 


2194 


Creditors,  action  by  executor  or  adminis- 
trator, duty  to  commence  to  set  aside 
fraudulentconveyance  made  by  decedent, 
application  and  payment  of  costs  by  cred- 
itors 6029,  6030. 

Assignment,  sale  or  transfer  of  fees  or 
salaries  of  public  officers  void  against 
attachment  or  execution  2864. 

Liability  of  stockholders  of  bank  to  627. 

Responsibility  to,  of  trustee  appointed  on 
dissolution  of  corporation  in  quo  war- 
ranto  5677. 

Trustee  of,  to  be  appointed  on  dissolution 

of  corporation  in  quo  warranto  5671. 
Crimes  and  punishments,  indictment  for  con- 
temptuous conduct,  sentence  5405. 
Cross-complaint,  against  codefendants  in  civil 

action  5052. 
Cross-demands,  when  compensated  as  far  as 

equal  5049. 
Cross-interrogatories,   for  taking    deposition 

out  of  state  5460. 
Cross-references,  to  constitutional  provisions, 

relating  to  civil  practice  4943,  pp.  1432, 1433. 
Crossings,  to  be  made  and  kept  in  repair  by 

party  obtaining  right  of  way  under  eminent 

domain  5626. 

Cruelty,  consent  of  parent  adjudged  guilty  of 
or  divorced  for,  when  not  necessary"  on 
adoption  of  child  5828. 

Extreme,  as  affecting  division  of  community 
property  upon  decree  of  divorce  2166. 

Extreme  is  ground  for  divorce  5838. 

To  apprentice,  master  or  mistress  liable  in 

damages  41)1. 

Culverts,  on  right  of  way  obtained  under  emi- 
nent domain  to  be  kept  in  repair  5626. 
Customs  of  mining  districts  4951. 
Damages,  action  for  failure  .to  comply  with 
act  relating  to  railroad  companies  3581. 

Action  for,  may  be  brought  by  workman  if 
caused  to  change  place  of  employment 
by  misrepresentation  1938. 

Action  for  under  act  fixing  standard  weights 
and  measures  4812. 

Action  may  be  brought  within  one  year 
after  ouster  of  director  of  corporation 
5669. 

Assessment  of  in  action  for  abuse  of  appren- 
tices 491. 

By  animals  breaking  into  grounds  enclosed 
by  lawful  fence,  recoverable  2332. 

By  hogs  trespassing,  determined  by  arbi- 
tration 2257. 

By  railroad  companies  entering  for  making 
survey  under  eminent  domain  5627. 

Caused  by  swine  or  goats,  owner  liable  for 
double  2326. 

Deemed  accrued  at  date  of  summons  in 
proceeding  under  eminent  domain  5617. 

Demand  for  to  be  contained  in  summons  in 
justice's  court  5727. 

Entry  of  judgment  upon  by  default  in  jus- 
tice's court  5754. 

Excessive,  as  ground  for  new  trial  5320. 

For  condemnation  of  property  for  highway, 
viewers,  appeal  to  district  court  3008. 

For  death  by  wrongful  act  5647. 

For  death  by  wrongful  act,  action  for  may 
be  commenced  within  two  years  4967. 


Damages — continued. 

For  death  by  wrongful  act,  action  to  be 
brought  in  name  of  representative  of 
deceased  person  5648. 

For  death  by  wrongful  act,  when  not  liable 
for  debts,  distribution,  how  made  5648. 

For  death  of  adult,  by  whom  action  may  be 
brought  4997. 

For  death  of  minor,  how  action  may  be 
brought  4996. 

For  death  or  injury,  may  be  recovered  in 
action  at  lawr  regardless  of  employers'  lia- 
bility act  1925. 

For  death  or  personal  injury,  contract  of 
insurance,  indemnity  or  relief  benefit  will 
not  bar  recovery  for  injury  to  employee 
5652. 

For  failure  of  witness  to  obey  subpena  5439. 

For  herding  or  grazing  sheep  on  lands  of 
another  or  within  one  mile  of  ranch  house 
2319,  2320. 

For  improper  working  or  trespass  011  mine 
or  adjoining  mine,  how  assessed  5509. 

For  injury  to  real  property  after  execution 
sale  and  before  delivery  5520. 

For  injury  to  real  property  surveyed  under 
order  5513. 

For  personal  injuries,  action  for  5649. 

For  seduction,  how  action  may  be  brought 
4494,  4995. 

For  unnecessary  injury,  by  party  obtaining 
underground  survey  of  mine  5511. 

How  assessed  in  proceedings  under  eminent 
domain  5616. 

In  action  for  abatement  of  nuisance  5504. 

In  action  for  death  or  personal  injury,  com- 
mon carrier,  mill  or  mine  operator  liable 
for  gross  negligence  notwithstanding 
slight  negligence  of  employee  5651. 

In  action  for  delinquent  taxes  on  proceeds 
of  mines  3707. 

In  action  for  removal  of  nuisance  1562. 

In  action  for  unlawful  detainer 559:!. 

In  action  to  recover  specific  property,  jury 
may  find  5224. 

In  mandamus  proceedings,  jury  may  assess 
5700. 

In  proceedings  under  eminent  domain  to  be 
determined  by  court  or  judge  in  fixing 
bond  5614. 

Judgment  for  in  action  for  recovery  or  with- 
holding of  real  property  5516. 

Judgment  for,  to  be  in  gold  coin  5269. 

Justice's  court  has  jurisdiction  of  amount 
not  exceeding  $300  5714. 

Liability  for  in  undertaking  on  appeal  5347. 

Liability  for  refusal  to  obey  order  of  court 
in  quo  warranto  5679. 

Liability  of  common  carriers,  mill  or  mine 
operators,  for  death  or  injury  of  em- 
ployees 5650. 

Liability  of  officer  for  selling  under  execu- 
tion without  notice  5291. 

Live  stock  herded  or  grazed  on  land  of 
another  liable  for  with  costs  and  attor- 
ney's fee  2336. 

May  be  added  to  costs  when  appeal  taken 
for  delay  5359. 

May  be  determined  by  jury  or  reference 
after  default  5236. 


2195 


INDEX 


rivil  practice 


Damages — continued. 

May  be  given  in  judgment  in  replevin  5269. 

May  he  recovered  by  minor  for  breach  of 
contract  of  apprenticeship  491. 

Measure  of,  for  flitting  timber  for  repair  of 
highway  or  bridge  5507. 

Measure  of,  on  forfeiture  of  bail  in  con- 
tempt proceedings  5400. 

Officers  and  directors  of  corporation  liable 
in  for  making  false  report  1175. 

On  entering  for  survey  of  land  under  emi- 
nent domain  5010. 

Party  aggrieved  may  bring  action  to  set 
aside  decision  of  viewers  on  opening  of 
highway  :i(M5. 

Pecuniary  and  exemplary,  may  be  given  In- 
jury for  death  by  wrongful  act  5648. 

Person  injuring  property  of  railroad  com- 
pany liable  in  treble  :5565. 

Railroad  company  liable  for  any,  in  enter- 
ing upon  land  for  making  survey  :5 ">:'.:'.. 

Recoverable  against  railroad  company  for 
refusal  to  transport  passenger  or  property 
8559, 

Recoverable  by  successful  contestant  in 
election  contest  ISHi. 

Recoverable  for  contagion  spread  by  dis- 
eased live  stock  22t'.x. 

Recoverable  1'or  gra/ing  sheep  within  one 
mile  of  ranch  house  2320. 

Recoverable  forplacing  animals  in  enclosure 
of  lands  of  two  or  more  persons  2334. 

Recoverable  in  action  after  revocation  of 
submission  to  arbitration  5264. 

Recoverable  in  ma  IK  lam  us  proceeding  5706. 

Sheriff  not  liable  for  failure  to  make  service 
unless  fees  paid  1659. 

To  be  paid  within  thirty  days  after  final 
judgment  in  proceedings  under  eminent 
domain,  bond  for  railroad  fence,  attor- 
ney's fee  5619. 

To  real  property  on  right  of  way,  liability 
of  grantee  of  franchise  I'T.x 

Township  in  which  action  for  to  be  brought 
in  justice's  court  5715. 

Treble  in  action  for  cutting  timber  or  injur- 
ing trees  550(1. 

Treble  in  action  for  forcible  entry  or  unlaw- 
ful detainer  5508,  5599. 

Treble  in  action  for  waste  5505. 

Treble  recoverable  from  railroad  for  doing 
thing  declared  to  be  unlawful  4574. 

Undertaking  for  costs  in  action  in  quo 
warranto  for  usurpation  of  public  office 
5660. 

Value  of  improvements  made  in  good  faith 
may  be  allowed  as  offset  in  action  for 
recovery  of  real  property  5517. 

When  may  be  ordered  in  addition  to  costs 
on  dismissal  of  appeal  to  district  court 
5794. 
Dams,  eminent  domain   lies  for  purpose  of 

building  5606. 
Dangerous  excavation,  action  against  party 

failing  to  fence  3235,  32:57. 
Days,   nonjudicial,   enumerated,  wyhat  busi- 
ness allowed,  falling  on  Sunday  follow- 
ing Monday  observed  4870. 

Nonjudicial,  when  excluded  in  computa- 
tion of  time  54S2. 


Dead  body,  attachment  or  detention  of  6476. 
Death,   damages   for,   may  be  recovered  in 
action    at   law  regardless  of  employers' 
liability  act  1915,  1925. 

Liability  of  common  carriers,  mill  or  mine 

owners  for,  of  employees  5650. 
Death  by  wrongful  act,  action  for  4996,  4997, 
5647',  564S. 

Action  for  damages  may  be  brought  within 
2  years  49(17. 

Contract  of  insurance,  indemnity  or  relief 
benefit  will  not  bar  recovery  for  5652. 

.Judgment  for  damages  not  liable  for  debts, 

distribution  564S. 

Death  of  party  after  report  of  referee  does 
not  invalidate  judgment  in  action  for 
partition  5541. 

Kxecntion  may  he  issued  on  judgment  ren- 
dered after  -VJS5. 
Death  or  disability  does  not  abate  cause  of 

action  which  survives,  5004. 
Debt  due  another,  surety  may  bring  action 
to  compel  payment  5479. 

Evidences  of ,  when  included  in  words"per- 
sonal  property"  and  "property"  5475. 

No  imprisonment  for,  except  in  case  of 
fraud,  libel  or  slander  (Nev.  Const,  art. 
i,  sec.  14)  21:;. 

Payable  in  installments:  secured  by  mort- 
gage or  lien,  how  property  may  be  sold 
to  satisfy  55o:;. 

Debtor,  after-acquired  property,  rents  and 
profits  subject  to  execution  under  re- 
vived judgment,  when  5:506. 

Arrest  of,  on  proceedings  supplementary 
to  execution  530X. 

Has  six  months  in  which  to  redeem  real 
property  sold  under  execution  5301. 

How  may  redeem  real  property  sold  at  exe- 
cution sale  5:5(K). 

.Joint,  how  released  from  proportion,  effect 
of  release  5846. 

.Joint,  order  for  proper  credit  and  release 
of  from  liability  to  be  made  by  judge  or 
justice  5S48. 

Joint,  released  of  his  proportion,  not  neces- 
sary party  to  action  5847. 

Judgment,  excess  on  sale  under  execution 
to  be  paid  to  5289. 

Levy  of  execution  to  be  made  only  on  prop- 
erty he  indicates  when  excess  property 
5289. 

May  be  required  to  give  undertaking  to 
appear  in  supplementary  proceedings  and 
not  to  dispose  of  property,  commitment 
to  prison  for  default  5308. 

May  direct  order  in  which  property  shall 
be  sold  under  execution  5292. 

Or  successor  in  interest,  may  redeem  real 
property  sold  under  execution  5299. 

Party  owing  or  having  property  of,  may  be 
examined  under  execution  returned  5310. 

Property  of,  may  be  ordered  applied  in 
satisfaction  of  judgment  on  supplemen- 
tary proceedings  5312. 

Reasonable  amount  of  property  may  be 
exempt  from  execution  (Nev.  Const,  art. 
i,  sec.  14)  243. 

Redemption  of  real  property  sold  under 
execution  restores  estate  to  5301. 


Civil  practice 


INDEX 


2196 


Debtor —continued . 

Required  to  answer  concerning  property  in 

proceedings  supplementary  to  execution 

5307,  5308. 
What  earnings  for   personal    service    and 

property  exempt  from  execution  5288. 
When  property  sold  under  execution  not 

subject  to  judgment  lien  5306. 
Debts  and  credits  to  be  collected  by  sheriff 

under  attachment  5157. 
Due  defendant  subject  to  attachment  5151, 

5152,  5154, 5169. 

Memorandum  to  be  given  by  garnishee  5156. 
When  not  payable  from  damages  recovered 

for  death  by  wrongful  act,  distribution 

5648. 
Deceased  persons,  estates  of,  district  court  has 

jurisdiction(Nev.  Const,  art.  vi,  sec. 6)321. 
Representative  of  to  bring  action  for  dam- 
ages for  death  by  wrongful  act  5648. 
Decision,  against  garnishee  5177. 
Bill  of  exceptions  may  be  settled  at  time  of 

making  5343. 
Deemed  excepted  to  5318. 
Judgment  may  be  entered  after  death  of 

party  5272. 
May  be  signed  by  district  judge  in  any  part 

of  state,  clerk  to  enter  4922. 
Maybe  vacated  and  new  trial  granted,  when 

5320. 
Modifying    award    of    arbitrators,    appeal 

from  5263. 
Of  arbitrators  in  voluntary  submission  of 

disputes  between  employer  and  employee 

1930,  1931. 
Of  arbitrators  under  employers'  liability  act 

if  unanimous  to  be  final  and  binding  1922. 
Of  court,  to  be  in  writing  and   to  be  filed 

5227. 

Of  district  judge,  may  be  required  to  be  re- 
duced to  writing  and  exception  to    be 

noted  4847. 
Of  referees,  may  be  reviewed  as  if  made  by 

court  5235. 
Of  referees,  to  stand  as  decision  of  court 

5235. 
On  motion  or  issue  of  law  in  district  court, 

when  notice  of  to  be  given,  when  need 

not  be  given,  rule  vii,  p.  1426. 
On  motion  or  issue  of  law  in  district  court, 

when  time  for  complying  with  commences 

to  run,  rule  vii,  p.  1426. 
To  be  in  accordance  with  common  law  of 

England  when  not  repugnant  to  our  laws 

5474. 
To  be  rendered  by  judge  and    entered  in 

minutes  before  expiration  of  term  5489. 
Decisions,  judicial  and  laws  to  be  free  for 

publication  376. 
Of  supreme  court,  and  statutes,  legislature 

to  provide    for  publication  (Nev.  Const. 

art.  xv,  sec.  8)  376. 
Of  supreme  court,  concurrence  of  majority 

of  justices  necessary,  art.  vi,  sec.  2,  317. 
Of    supreme    court,     not    effective    until 

opinion  filed  with  clerk  (Nev.  Const,  art. 

xv,  sec.  8)  376. 
Of   supreme  court,  to  be  in  writing    and 

recorded  4839. 

Declaration,  false  deemed  perjury  5448. 
Included  in  oath  5475. 


Decree,  appointing  receiver,  publication  1196. 

In  action  for  divorce  completely  dissolves 
marriage  contract  and  may  change  name 
of  female  5844. 

In  action  for  divorce,  effect  on  matters  not 
specifically  mentioned  5841. 

In  action  for  unlawful  enclosure  of  public 
lands  3174. 

In  action  to  restore  lost  records  5634. 

May  order  party  or  clerk  to  convey  title  to 
real  property  5241 . 

Obtained  with  intent  to  defraud  creditors 
is  void  1083. 

Of  dissolution  of  corporation  and  appoint- 
ment of  receiver,  procedure  1196. 

Of  district  court  for  removal  of  officer  for 
malfeasance  2852. 

Of  district  court  on  incorporation  of  city  or 
town  769. 

Of  district  court  that  executor  or  adminis- 
trator convey  real  property  under  con- 
tract of  decedent  6032. 

Of  divorce  on  ground  of  imprisonment  or 
adultery  of  husband  and  in  other  cases, 
disposition  of  property  5843. 

Of  removal  of  officer  for  malfeasance,  copy 
of  to  be  transmitted  to  governor  or 
county  commissioners  2853. 

Regarding  redemption  or  partition,  time 
for  appealing  from  5329. 

To  be  computed  in  dollars  and  cents  5271. 

To  direct  sale  of  encumbered  property  on 
foreclosure  of  mortgage  or  lien  5501. 

When  void  as  to  creditors  1083. 
Deed,  conveying  homestead  may  be  author- 
ized by  court  and  recorded  when  wife 
insane  2146,  2147. 

Derived  from  sale  of  real  property  for  delin- 
quent taxes  conclusive  evidence  of  title, 
>ossession  recoverable  in  justice's  court 


Invalid,  local  or  special  law  giving  effect  to, 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

Lost  and  restored,  validated  5639. 

May  be  made  by  successor  of  officer  mak- 
ing sale  of  real  estate  for  delinquent  taxes 
or  under  execution  or  order  of  sale  1662, 
1663. 

Of  sheriff,  executor,  administrator,  guar- 
dian, assignee,  receiver,  trustee  or  com- 
missioner, when  prima  facie  evidence  of 
regularity  of  sale  when  record  lost  5631. 

Of  sheriff  under  execution  sale  and  subse- 
quent redemption,  who  entitled  5301. 

Recorded  in  office  of  county  recorder 
imparts  notice  1093. 

To  include  all  property  sold  for  taxes  bid 
in  by  county  treasurer  3669. 

To  lot  in  federal  townsite,  execution  of 
after  trial  of  adverse  claim  in  district 
court  1984. 

To  lot  in  federal  townsite,  when  to  be  made 
to  guardian  or  trustee  of  minor  or  insane 
person  1986. 

Under  tax  sale  by  treasurer  not  prima  facie 
evidence  of  title  in  purchaser  when  record 
destroyed  5631. 
Deed  of  trust,  lost  and  restored ,  limitation  5638. 

Sale  for  taxes  on  3787. 

Taxes  are  lien  3786,  3787. 


2197 


INDEX 


Civil  practice 


De  facto  officer,  action  against  for  seizure^of 

property  may  be  brought  within  one  year 

4967. 

Default,  against  additional    parties  ordered 
brought  in  by  the  court  5008. 

If  made,  to  be  entered  in  justice's  court 
docket  5800. 

If  opposing  party  does  not  appear,  moving 
party  entitled  to  have  motion  decided  in 
district  court,  D.  C.  rule  xi,  p.  1427. 

In  mandamus  proceedings,  judgment  not 
to  be  entered  without  hearing  5«;«.is. 

Judgment  may  be  rendered  against  claim- 
ant in  garnishment  proceedings  5180. 

Judgment  may  be  taken  by,  in  action  for 
delinquent  taxes  3(>ti">. 

Judgment  upon,  how  entered  5236. 

Judgment  upon,  injustice's  court 5754,5755. 

May  be  set  aside  when  taken  by  mistake 
or  neglect  ">us|. 

When    plaintiff   may  apply  for   relief   de- 
manded in  complaint  52:;*;. 
Defective  articles  of  incorporation  validated 

1185. 

Defective  verdict,  procedure  to  cure  5219. 
Defendant,  allowed  costs  when  he  recovers 
5379. 

Deemed  plaintiff  when  defendant  applies 
for  provisional  remedies  ol'.ij. 

In  civil  action,  defined  4944. 

In  civil  action,  may  appear  and  waive  sum- 
mons 5016,  50:  H.' 

In  contempt  proceedings  may  be  arrested 
if  he  fails  to  appear  on  return  day  5406. 

May  be  designated  by  any  name  if  true  name 
not  known,  amendment  of  name  5085. 

Maybe  heard  in  opposition  to  filing  of  corn- 
id  a  int  in  quo  warranto  ;">»;<  14. 

May  give  written  notice  of  appearance  5374. 

Nonresident  in  divorce  action  to  be  noti- 
fied, order,  publication,  service  of  sum- 
mons 5839. 

To  answer  amended  complaint  5043. 

Who  mav  be  in  action  in  quo  warranto  5656, 
5657. 

Written  admission  of  service  of  summons 

5032. 

Defendants ,  all  persons  having  interest  adverse 
-to  the  plaintiff  may  be  joined  4999. 

In  quo  warranto  for  usurpation  of  public 
office  5662. 

Jointly  liable,  joint  property  bound  if  only 
part  served  5031. 

May  be  sued  in  name  or  style  under  which 
contract  was  made  5003. 

Names  to  be  entered  in  alphabetical  order 
in  judgment  docket  5275. 

Unknown,  how  to  be  described  in  com- 
plaint to  determine  adverse  claim  to  real 
property  5522. 

When  need  not  be  served  with  summons  in 

quo  warranto  5665. 

Defense,  by  written    instrument,   when    not 
deemed  denied  5063. 

In  action  for  recovery  of  ore,  gold  dust  or 
bullion,  failure  to  make  entry  or  loss  of 
books  by  purchaser  not  to  operate  as  2486. 

What  may  be  contained  in  answer  in  civil 

action  in  justice's  court  5738. 
Defenses,  as  many  as  exist  may  be  set  up  in 

civil  action,  how  to  be  stated  5050. 


Deficiency,   on  sale  of  mortgaged  property 

may  be  docketed  as  judgment  and  become 

a  lien  5501. 
Definition  of  issues  of  law  and  fact  in  justice's 

court  5761-57(>:>. 
Definitions  ."i47-">. 

Delinquent  taxes,  action  for,  cost  not  charge- 
able against  city  or  town  999. 

Action  for,  delinquent  list  or  certified  copy 
is  evidence  3658. 

Action  for,  judgment  and  how  entered, 
costs  and  penalties  to  be  included,  is  lien 
on  same  and  other  property,  default, 
redemption  money,  how  paid,  receipt  of 
district  attorney,  evidence,  execution  3665. 

Action  for  on  proceeds  of  mines,  district 
attorney  to  begin,  damages,  penalties, 
form  of  complaint  and  answer  3707-3709. 

Action  for  recovery  of,  money  from  redemp- 
tion and  from  rental  or  sale  of  property 
bid  in  by  county  treasurer,  how  distrib- 
uted, no  fees  from  county  3671. 

Action  for,  summons,  what  to  contain  and 
require,  publication,  posting  and  filing 
notice,  fees  3663. 

Action  for,  treasurer  to  buy  in  property  if 
no  other  bidders,  when  county  commis- 
sioners may  order  redemption  3667. 

Action  for,  what  answer  may  set  up  3664. 

Action  for,  when  judgment  and  execution 
to  contain  more  certain  description  than 
included  in  assessment  roll  3662. 

Amounting  to  less  than  $300,  sale  for  3651. 

Assessor  may  force  collection  by  sale  of  per- 
.sonal  property,  may  give  absolute  title, 
fees  3700. 

Assessor  may  sell  on  summary  process,  cer- 
t  ilicate  to  purchaser,  court  may  issue  cita- 
tion, fees,  how  collected  3679. 

Deed  derived  from  sale  of  real  property  for 
conclusive  evidence  of  title,  possession 
recoverable  in  justice's  court  3666. 

Duties  of  district  attorney  on  collection  of 
3674,3675,3681. 

Exceeding  $300,  action  for  to  be  brought  by 
district  attorney  3659. 

Fee  of  district  attorney  in  action  for  3677. 

Fees  of  officers  and  costs  in  action  for,  how 
taxed,  when  payable  3673. 

Form  of  complaint  in  action  for  3661. 

In  action  for,  costs  not  to  be  charged  against 
city  or  town  999. 

In  action  for,  more  certain  description  may 
be  included  in  summons  and  complaint 
3662. 

Officer  selling  property  for,  to  embrace  in 
one  certificate  of  sale  all  property  bid  in 
by  county  treasurer,  recording  3669. 

Only  smallest  portion  of  property  that  will 
pay  judgment  and  costs  to  be  sold,  re- 
demption, how  made  3666. 

When  process  may  be  served  upon  executor, 
administrator,  father,  mother  or  guardian 
of  minor  or  insane  person  in  action  for 
3666. 

Demand,  against  county  not  presented  for 
payment  within  six  months  after  notice 
that  it  is  payable  funds  may  be  paid  for 
other  purposes,  but  demand  becomes  due 
again  on  re-presentation  1563. 


Civil  practice 


INDEX 


2198 


Demand — continued. 

Defendant  may  require  payment  in  pro- 
ceedings under  eminent  domain  5622. 
Exceeding  $300  exclusive  of  interest,  dis- 
trict court  has  jurisdiction  (Nev.  Const, 
art.  vi,  sec.  6)  321. 

Exceeding  $300  exclusive  of  interest,  not  to 
be  tried  in  justice's  court  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Exceeding  $300  exclusive    of  interest,  su- 
preme court  has    appellate   jurisdiction 
(Nev.  Const,  art.  vi,  sec.  4)  319. 
For  inspection  of  book  or  writing  5416. 
For  jury  in  civil  action  in  justice's  court, 

failure  to  make,  waiver  5766. 
For  payment  of  claim  against  county,  when 

if  not  renewed  will  be  barred  1536. 
Demurrer,  allowed   to    amend  pleadings  in 

justice's  court  5743. 

And  answer  may  be  filed  to  part  of  com- 
plaint or  at  same  time  5042. 
Certain  objections  not  taken  by  demurrer 

or  answer  waived  5045. 
Deemed  appearance  5474. 
.    General,  in  district  court,  opposing  counsel 
by  three  days'  notice  may  require  demur- 
rant  to  furnish  points  and  authorities, 
rule  viii,  sec.  3,  p.  1427. 
General,  in  district  court,  when  points  and 
authorities  of  demurrant  must  be  fur- 
nished at  least  one  day  before  argument, 
or  court  may  overrule,  rule  viii,  p.  1427. 
Grounds  for  5040. 

If  overruled  and  failure  to  answer,  judg- 
ment may  be  entered  in  justice's  court 
5755. 

In  district  court,  if  not  in  good  faith,  de- 
fendant to  answer  only  upon  terms,  rule 
viii,  p.  1427. 

In  district  court,  if  sustained  or  overruled, 
losing  party  to   amend  or  plead  within 
ten  days  if  present,  or  after  notice,  rule 
viii,  p.  1427. 
In  intervention  5006. 
Issue  of  law  arises  upon,  when  5196. 
May  be  made  after  time  limited,  or  time 

for  may  be  enlarged  5084. 
Must  specify  objections  to  complaint  5041. 
Not  waived  by  filing  answer  or  reply  at 

same  time  5083. 
Rule   of   district   court   may  provide   for 

penalty  on  overruling  4845. 
Time  for  may  be  enlarged  5084. 
Time  for  to  amendments  5083. 
To  answer,  grounds  5053. 
To  answer  in  civil  action  5053. 
To    answer    in    civil    action,    grounds    of 

5037,  5053. 

To  answer  in  civil  action,  schedule  of  sec- 
tions relating  to  5053. 
To  answer  or  reply,  if  overruled,  how  far 

facts  deemed  denied  5083. 
To  answer  or   reply,   if  overruled,   what 

facts  deemed  denied  5083. 
To  complaint  in  civil  action  5040. 
To  complaint  in  civil  action,  grounds  for 

5037,  5053,  5054. 

To  complaint  in  civil  action  in  justice's 
court  57:i5,  57:57. 


Demurrer — continued. 

To  complaint  in  civil  action,  schedule  of 

sections  relating  to  5040. 
To  complaint  or  answer  in  justice's  court, 

proceedings  on  5741. 
To  complaint  or  answer  in  justice's  court, 

raises  issue  of  law  5762. 
To  complaint  or  counter-claim,  when  over- 
ruled court  may  allow  answer  or  reply 
5083. 

To  counter-claim,  grounds  5054,  5055. 
To    counter-claim    to    distinctly    specify 

grounds  of  objection  5055. 
To  reply  for  insufficiency  5059. 
To  reply  in  civil  action  5037,  5050. 
Waives  summons  5016-5034. 
When   may   be    interposed   to   answer    in 

justice's  court  5740. 
Denial,   affirmative,   of  corporate  existence 

required  in  answer  5u79. 
By  verified   answer   in  justice's  court  or 

written   instrument  admitted  5770. 
In  answer  in  civil  action  in  justice's  court 

5738. 
In  answer,  when  may  be  general  or  must 

be  spec  i  al  504(5. 
In  reply  must  be  specific  5057. 
Departure    from    state,    with    intention    to 
defraud    creditors,    when    defendant    may 
be    arrested    in    civil    action    in    justice's 
court,  5744;    in  district  court  SONS. 
Dependents,  of   injured  employee,  effect  of 
compromise    of    claim    under    employers' 
liability  act  192S. 
"Depose,"  includes  every  written  statement 

under  oath  or  affirmation  5475. 
Deposit,  and  tender,  in  action  for  recovery 
of  money,  when  costs  not   recoverable 
5384. 
In    court    in    proceedings    under    eminent 

domain  5(520.  5622. 
In  lieu  of  bail  on  arrest  in  civil  action 

5106. 

In  lieu  of  undertaking  on  appeal  5::r>4. 
In   lieu   of   undertaking   on   appeal    from 

justice's  court  5792. 
May  be  made  in  court  of  money  or  thing 

by  trustee  or  other  party  5192. 
May  be  made  in  court  of  surplus  mcviiey 

on  sale  on  foreclosure  5502. 
May  be  made  in  lieu  of  undertaking  or 

bond  5486. 
On   arrest    in   civil   action,   disposition   of 

5109. 

On  arrest   in  civil   action,  may  be  with- 
drawn on  giving  undertaking  51  OS. 
On  arrest  in  civil  action,  when  applied  to 

satisfaction  of  judgment  5109. 
Or    undertaking,    for    payment    of    costs, 
when  required,  from  nonresident  or  for- 
eign   corporation,    stay    of    proceedings 
r,:?SD,  5391. 

Or  undertaking  on  appeal,  required  5:;46. 
Upon  making,  defendant  may  be  released 

from  arrest  in  civil  action  5095. 
With    clerk,    in    lieu    of    undertaking    on 

appeal  5330. 

With  clerk,  to  cover  fees  on  appeal  to 
supreme  court  before  filing,  rule  xxvi, 
p.  1425. 


2199 


INDEX 


Civil  practice 


Deposition,  affidavit  and  application  for  tak- 
ing,    crow-interrogatories,     settlement, 

parties  may  agree  upon  interrogatories 
or  that  deposition  be  taken  without, 
rule  xv,  p.  142S. 

Deemed  evidence  of  party  reading  5457. 

How    taken    and   by   whom,   out   of   state 

545!  >.  54<;c. 

Ill  district  court,  how  opened  and  tiled, 
rule  xvi.  p.  141'S. 

Manner  of  taking  for  perpetuation  of  tes- 
timony 546S. 

Manner  ot   transmission  of  545(5. 

May  be  forwarded  to  person  agreed  upon 
by  parties  545(5. 

May  i»o  taken  by  .justice  of  the  peace  on 
postponement  of  civil  action  575'.>. 

May  be  used  by  either  party  on  trial  5151. 
545(5,  5457. 

Of  prisoner,  how  obtained  5  141',  5443,  5444. 

Ot  witness  in  state  may  be  taken  by  depo- 
sition in  certain  cases  5}5l. 

Of  witness  may  be  taken  on  continuance 
5203. 

1'aity  may  be  compelled  to  give  evidence 
by  5420. 

Punishment  for  refusal  of  witness  to  sub 
s-ribo  5i:!.x 

Taken  before  notary  public  may  be  used 
before  any  court,  judge  or  ollicer  275<>. 

Taken  f«»r  porpet  uat  ion  of  testimony  may 
be  read  with  same  effect  as  oral  testi- 
mony, objection  to  witness  or  question 
5471. 

Taken  on  postponement  of  civil  action  in 
justice's  court  may  be  read  575'.). 

Taken  out  of  state  in  other  state  or  terri- 
tory by  commissioner  appointed  by  gov- 
ernor 5451 . 

Taken  out  of  state,  manner  of  certifying 
and  forwarding  54(51. 

Taken  out  of  state,  may  ne  read  by  either 
party  54»5.' 5. 

Taken  out  of  state,  may  be  without  inter- 
rogatories upon  agreement  of  parties 

54(50. 

Taken  out  of  state,  what  commission  to 
authorize  .1401. 

Taken  out  of  state,  when  trial  postponed 
for  nonreturn,  diligence  54(52. 

To  be  certified  by  judge  or  officer  taking 
5456. 

When  may  be  taken  out  of  state  545X. 
Depjsitions,  before  whom  and  how  may  be 
taken  in  state  5455.  545(5. 

How  taken  and  forwarded  on  contest  for 
members  of  the  legislature  1818,  1819. 

In  election  contest  for  member  of  the 
legislature,  either  party  may  take  and 
have  forwarded  1X22. 

May  he  taken  and  used  in  action  for 
divorce  5842. 

May  be  taken  in  proceeding  before  public 
service  commission  4534. 

May  be  taken  in  proceeding  for  disbar- 
ment of  attorney  522. 

Permissible  in  proceeding  for  naturaliza- 
tion 2r,i':;. 

Reference  may  be  made  to  on  motion  ror 
new  trial  5321. 

Taken  out  of  state  in  civil  action,  sched- 
ule of  sections  545X. 


Depositions-continued. 

Taken  within  the  state,  schedule  of  sec- 
tions 5454. 

To  be  received  by  secretary  of  state  and? 

delivered  to  presiding  officer  on  contest 

for  member  of  the  legislature  1S20-1822. 

Descents  and   distribution.   t;il<;-(>125.   (5140- 

6141. 
Desertion,    wilful,    for   one   year    is   ground 

for  divorce  5X:!S. 
Detainer,  forcible,  defined  5587. 

Only  tenant  and  subtenant  need  be  made 
defendants  in  action  for  unlawful,  ex- 
ception 5592. 

Tenant  has  remedies  against  subtenant 
5500. 

Tenant  of  agricultural  lands  may  hold 
over  if  not  notitied  55S9. 

I'nlawful.  complaint  and  summons,  what 
to  contain,  service  559.".. 

1'nlawful.  defined  5SX.S. 

I'nlawful.  district  court  has  jurisdiction 
I  Nov.  Const,  art  vi.  sec.  (5)  .'521. 

1'nlawful.  evidence  and  amendments  to 
complaint  in  action  for.  continuance 
5690. 

Tnlawful.  issue  of  fact  to  be  tried  by 
jury  unless  waived  5594. 

1'nlawful.  notice  to  quit,  how  served  5591. 

1'nlawful.  proof  required  of  respective 
parties,  what  possession  a  bar  551)5. 

I'nlawful.     service    of    notice,     tenant    or 

mortgagee  may  perform  condition  5588. 

Devise,  executory,  to  be  alleged  in  complaint 

in  action  for  partition  552S. 
Diligence,    due    must    be   shown    in    affidavit 
for  continuance  5202. 

In  obtaining  testimony  must  be  shown  to 
obtain  postponement  of  trial  in  civil 
action  in  justice's  court  575!). 

Must  be  shown  to  obtain  postponement  of 
trial  for  nonreturn  of  deposition  taken 
out  ol  state  54151'. 

To  be  exercised  in  ascertaining  residences 

of   defendants    in   actions   to   determine 

adverse   claims    to    real    property   5523. 

Diminution  of  record,  on  appeal  to  supreme 

court,  objections  to  transcript  or  papers. 

how  noted  and  corrected,  S.  (1.  rule  viii, 

p.  142:;. 
Diploma,   for  practice  of  medicine,  surgery 

and    obstetrics,    applicant    has    right    to 

appeal   to  courts  from  decision  of  board 

of  medical   examiners  2:'>(5<5. 
Director,  of  corporation,  district  judge  may 
act  in  relation  to  removal  and  election 
of  117!). 

Of  corporation,  judgment  of  ouster  5668. 

Of  corporation  liable  in  damages  for  mak- 
ing false  report  1175. 

Of  corporation,  when  has  right  to  be  pre- 
ferred in  appointment  of  receiver  1195. 
Directors,   and  officers  of  corporation,    dis- 
trict   court    has    revisory    power    over 
election  of,  may  order  new  election  1130. 

And  officers  of  corporation,  district  judge 
may  act  in  relation  to  removal  and  elec- 
tion of  1170-1182. 

Declaring  dividend  when  railroad  com- 
pany insolvent,  liable  for  payment  of 
debts  .",568. 


Civil  practice 


INDEX 


2200 


D  i  rectors — continued. 

Liability  of  on  dissolution  of  corporation 
in  quo  warranto  5678. 

Liable  for  declaring  dividends  except  from 
net  profits  1169. 

Limitations  of  action  against  for  penalty 
or  forfeiture  4984. 

When  may  be  removed  1179. 
Disability  of  justice  of  peace,  other  justice 

may  act  4926,  5811. 

Disbarment  of  attorney,  proceedings  513-523. 
Disbursing  officer,  if  fee  or  salary  of  public 

officer  garnished,  may  pay  into  court  2865. 
Discharge,  by  plaintiff  of  defendant  arrested 
in  civil  action  5122. 

From  arrest  in  civil  action  5114. 
Disincorporation  of  city,  proceedings  for  in 

district  court  872,  8<3,  876. 
Dismissal,  in  district  court  of  case  ordered 
transferred  from  justice's  court  under 
section  779  new  practice  act,  rule  xxxviii, 
p.  1430. 

Of  action,  for  failure  of  nonresident  or 
foreign  corporation  as  plaintiff  to  give 
security  for  payment  of  costs  5391. 

Of  action,  or  nonsuit,  in  what  cases 
granted  and  how  entered,  5237. 

Of  action  without  prejudice  in  justice's 
court  5772. 

Of  appeal  for  failure  to  furnish  requisite 
papers  5356. 

Of  appeal  from  justice's  court  to  district 
court,  D.  C.  rule  xxxvii,  p.  1430. 

Of  appeal,  only  for  substantial  error  5658. 

Of  appeal  to  district  court  may  be  ordered 
after  notice  5794. 

Of  appeal  to  supreme  court  for  failure  to 
file  transcript,  restoration,  S.  C.  rule  iii, 
p.  1421. 
Disobedience,  to  order,  subpena  or  process 

punishable  as  contempt  in  justice's  court 

5795. 

Disorderly  conduct,  when  punishable  as  con- 
tempt in  justice's  court  5795. 
Disqualification  01  judge  to  act  4865. 
Dissolution  of  cooperative  association,  how 
effected  1258. 

Of  corporation,  action  for  5670. 

Of  corporation,  procedure  1195. 

Of  corporation,  court  may  order  sale  of 
property  and  franchise  in  lieu  of  1197. 

Of  corporation,  on  its  own  application  to 
district  judge  1240. 

Of  limited  partnership  2908. 
Distribution,    how    made,    of    damages    for 

death  by  wrongful  act  5648. 
District    attorney,    action    against    corpora- 
tions, when  1354. 

Action  against  counties,  papers  delivered 
to  5013. 

Action  against  water-user  injuring  high- 
ways 3024. 

Action  in  forfeited  bail  7338. 

Action  to  be  brought  against  by  county 
treasurer  for  failure  to  pay  over  moneys 
1601,  3650. 

Arrested  person,  property  taken  from,  lia- 
bility for  6651. 

At  request  of  attorney-general,  may  bring 
action  for  removal  of  county  commis- 
sioners authorizing  contract  when  money 
not  in  treasury  3830,  3834. 


District  attorney — continued. 

At  request  of  attorney-general,  to  bring 
action  against  certain  mining  compa- 
nies failing  to  file  statements  1338. 

At  request  of  attorney-general,  to  bring 
action  for  removal  of  comity  commis- 
sioners voting  for  excess  taxes  3828. 

Bank  examiner,  duty  to  aid  669,  686. 

Delinquent  list,  proceeds  01  mines,  suits 
on  3706-3709. 

Duty  of  on  collection  of  taxes  3674,  3675, 
3681. 

Duty  of  in  regard  to  summons  and  notice 
in  delinquent  tax  suit  3663. 

Duty  to  bring  suit  against  assessor  for 
failure  to  make  settlement  for  taxes 
3704. 

Duty  to  represent  town  878-890. 

Fee  for  bringing  action  for  arrearage  and 
to  forfeit  franchise  of  toll  road  3757. 

Fee  in  delinquent  tax  suit  3677. 

May  be  selected  by  public  service  commis- 
sion to  act  as  counsel  4544. 

May  bring  action  for  penalty  against  for- 
eign corporation  failing  to  file  annual 
statement  1354. 

Not  to  advocate  payment  of  claim  against 
county  1520,  1605. 

Not  to  commence  tax  suit  after  service  of 
receipt  3655. 

Of  United  States,  when  to  bring  action  for 
unlawful  enclosure  of  public  lands  3174. 

Or  partner  not  to  appear  in  action  by  or 
against  state  or  county  1610. 

Penalty  for  failure  to  bring  action  against 
mining  company  failing  to  file  statement 
1338,  1340. 

Receipt  of  for  taxes  and  costs  prima  facie 
evidence  in  action  for  delinquent  taxes 
3665. 

Removal  from  office,  when  6907. 

Removal  of  town  or  county  officer  983. 

To  bring  action  against  assessor  for  failure 
to  assess  property  3625. 

To  bring  action  for  abatement  of  nuisance 
in  county  1562. 

To  bring  action  for  delinquent  tax  for  im- 
provement of  streets  in  unincorporated 
town  934. 

To  bring  action  for  delinquent  taxes  when 
amount  exceeds  $300  3659. 

To  bring  suit  for  delinquent  taxes  on  pro- 
ceeds of  mines  3707. 

To  prosecute  or  defend  action  by  or  against 
county  1598. 

To  prosecute  suit  against  assessor  and  sure- 
ties for  underassessing  or  failure  to  assess 
land  3839,  3840. 

When  county  treasurer  to  bring  action 
against  for  failure  to  account  1601. 

When  duty  to  bring  action  against  any  per- 
son unlawfully  holding  public  office  1814. 

When  in  election  contest  may  have  person 
arrested  for  receiving  fees  1815. 

When  to  bring  action  against  foreign  cor- 
poration for  doing  business  without  filing 
certificate  1350. 

District  court,  acting  as  juvenile  court  may 
cite  guardian  740.  See  Courts  and  Court 
Officers,  Estates  of  Deceased  Persons. 


2201 


INDEX 


Civil  practice 


District  court—  continued. 

Acting  as  juvenile  court  may  order  guar- 

dian to  place  child  in  hospital  73S. 
Acting  as  juvenile  court  may  release  chil- 

dren from  custody  or  suspend  sentence 

758. 
Action,  controversy  submitted  to  without 


Action,  how  commenced  5016-00:54. 

Action,  limitations  of  4946-4985. 

Action,  not  affected  by  vacancy  or  failure 

of  term  4SS4. 

Action,  one  form  of  :529,  494)  J. 
All  matters  on  calendar  to  be  called  and 

disposed  of  in  order  of  filing,  D.  C.  rule 

ii,  sec.  3,  p.  1420. 

Alwaysopen  for  transaction  of  business  4906. 
And  judges  may  issue  writs  of  mandamus, 

injunction,  quo  warranto,  certiorari  and 

habeas  corpus  4840. 
And   judges    may  take    acknowledgments 

and  affidavits  4883. 
Appeal  may  be  taken  from  judgment  of  in 

action  or  adverse  claim  to  lot  in  federal 

town  site  1985. 
Appeal    may  be  taken  from  judgment  of 

ouster  in  quo  warranto  ."nis-j. 
Appeal  maybe  taken  from  order  authoriz- 

ing sale  of  homestead  whrn  wife  insane 

2148. 
Appeal  may  be  taken  from  municipal  court 

887. 
Appeal  to  from  award  of  damages  for  con- 

demnation for  highway  3008. 
As  juvenile  court  may  dismiss  petition  and 

allow  prosecution    under  criminal    laws 

or  make  other  order  7:57. 
Assistance,  writs  of,  may  issue  484:  J. 
Attachment,  may  issue  on  nonjudicial  day 

4870. 
Attorney,  judge  not  to  act  as,  unless  party 

4866. 
Award  in  arbitration  of  labor  disputes,  clerk 

to  file  1930. 
By  attachment  may  compel    obedience   to 

subpena  issued  by  railroad  commission 

4561. 

Calendar,  rule  ii,  p.  1425. 
Calling  of  calendar  and  order  of  disposal 

of  business,  rule  iv,  p.  1426. 
Chambers,  business  at  4843,  4922. 
Charge  to  jury,  restrictions  as  to  fact  and 

law  327,  7014. 
Charitable  corporations,  may  allow  sale  of 

property  1369. 

Cities,  duties  on  incorporating  768-772. 
Clerk,  list  of  trial  jurors,  to  keep  4930. 
Clerk  may  adjourn  court,  when  4872. 
Clerk  may  issue  subpena  requiring  attend- 

ance before  public  service  commission 

4532. 

Clerk,  of  courts  of  record  290. 
Clerk,  receipt  for  fees,  to  give  2033. 
Clerk  to  collect  court  fee,  how  applied  331. 
Clerk  to  enter  decisions,  when  4922. 
Clerk  to  keep  register  of  actions  5480. 
Clerk  to  procure  and  keep  seal  4876,  4878. 
Clerk,  writs  to  serve,  when  6231. 
Clerk,  writs,  warrants,  process,  to  issue  6261. 
Commissioners,  may  be  suspended,  when 

3763. 


District  court— continued. 
Compromise,  offer  of  5265. 
Contempt  5394-5407. 
Contempt,  disobedience  of  summons  issued 

for  railroad  commission  4532. 
Contempt,  to  apply  to  coordinate  judge  for 

same  order  48821 

Contempt,  to  resist  process  2833,  2834. 
Controversy,   submitting    without    action 

5252-5254. 

Corporate  property,  sale  of  1197,  1198. 
Corporations,   directors,   removal   of   and 

election  of  new  1180-1182. 
Corporations,  disincorporation  under    act 

of  1865,  HMD. 

Corporations,  dissolution  of  1195,  1240. 
Corporations,  election    of   directors,   may 

require  1130,  1123. 
Corporations,  mergers,  awards,  contest  of 

1147,  1148. 

Corporations,  receiver  for  1194-1199. 
Corporations,  religious  or  charitable,  may 

allow  sale  of  property  1369. 
Corporations,  removal  of  officers,  proceed- 
ings 1180-1183. 

County-seat,  terms  held  at  4841. 
Court  fee  to  be  collected,  how  applied  331. 
Court  of  justice  316,  4828. 
Court  of  record  323,  4861. 
Court  room  and  necessities,  may  order  fur- 
nished 4841,  4921. 

Decision,  exception  to,  how  taken  4847. 
Decision,  reduced  to  writing  if  required  4847. 
Decision,  unreasonable  delay  4886. 
Decision,  where  may  be  signed  4922. 
Depositions  5454-6478. 
Directors  of  corporations,  proceedings   to 

remove  1180-1182. 
Disqualification  of  judge  48(55. 
Dissolution  of  corporations  1195,  1240. 
District  judge,  any  may  hold  court  4844, 4922. 
Districts  established  4901,  4905. 
Due  process  of  law,  guarantee  of  237. 
Duties  of  sheriff  during  sessions  of,  D.  C. 

rule  xxxix,  p.  1431. 
English  language  to  be  used  4885. 
Entry  in  docket  of  abstract  of  judgment  of 

justice's  court  and  issuance  of  execution 

to  other  counties  5781. 
Equity  and  law  in  same  action  329,  4843. 
Equity,  jurisdiction  of  321. 
Estates  of  deceased  persons,  orders,  powers 

to  enforce  5867. 
Evidence,  depositions  and  witnesses  5408, 

5473. 

Evidence,  judge  may  state  4846. 
Exceptions,  how  taken  5315-5318. 
Exceptions,  to  decisions,  how  taken  4847. 
Fact,  matters  of,  judge  not  to  charge  on  327, 

4846. 
Federal  jurisdiction  over  certain  property 

1949-1952. 
Fees  of  clerk  when  not  over  800  votes  in 

county  1995. 

Fees  upon  commencement  of  action  or  pro- 
ceeding 2030. 

Filing  and  serving  papers  5367-5375. 
For    failure  to  prosecute  an  appeal,  may 

order  dismissal  with  costs  and  damages 

5794. 
Foreclosure  of  mortgage  5501-5503. 


Civil  practice 


INDEX 


2202 


District  court— continued. 

Fuel,  lights  and  stationery,  may  order  4841. 

Guardians  6149-6201. 

Guardians,  accounts,  may  require  4849. 

Habeas  corpus,  may  issue,  321,  4840,  4843, 
6226,  6265. 

Habeas  corpus,  supreme  court  may  make 
returnable  before  319. 

Habeas  corpus,  suspended,  when  234. 

Has  jurisdiction  of  proceedings  under  juve- 
nile court  law  729. 

Held,  how  often  in  each  county,  4922. 

Hour  of  opening,  10  o'clock  a.  m.  unless 
otherwise  ordered,  D.  C.  rule  i,  p.  1425. 

In  districts  having  more  than  one  judge 
the  judges  shall  by  special  rules  provide 
for  division  of  business;  D.  C.  rule  ii,  p. 
1426. 

Injunction  5136-5146. 

Injunction,  may  issue  321,  4840,  4843. 

Insane  persons,  estates  of,  jurisdiction  321. 

Instructions  may  be  given  on  nonjudicial 
days  4870. 

Inventories,  to  receive  in  vacation  4850. 

Is  court  of  record  (Nev.  Const,  art.  vi,  sec. 
8)  323. 

Judge,  election  of  4901. 

Judge,  may  hold  in  any  district  4844,  4922. 

Judge,  not  to  charge' on  matters  of  fact 
327,4846. 

Judge,  not  to  interfere  with  orders  of 
another  judge  4881,  4882. 

Judge,  not  to  have  partner  in  practice  4867. 

Judge,  not  to  practice  as  attorney  4866. 

Judge,  not  to  receive  fees  or  perquisites 
325. 

Judge,  orders  made  out  of  court,  power  to 
enforce  4864. 

Judge,  when  disqualified  4865. 

Judgment  5236-5251,  5266-5279. 

Judgment,  power  to  enforce  4864. 

Judicial  days  4869. 

Judicial  department  coordinate  258. 

Judicial  power  vested  in  what  courts  316. 

Jurisdiction  and  powers  321,  4849. 

Jurisdiction  in  contest  of  county  or  town- 
ship office,  may  require  documentary  evi- 
dence by  mandamus  1808. 

Jurisdiction  in  quo  warranto  5663. 

Jurisdiction  on  disincorporation  of  city  872, 
873. 

Jurisdiction  on  transfer  of  case  from  jus- 
tice's court  5721. 

Jury,  civil  case,  three-fourths  may  agree 
232. 

Jury,  maybe  discharged  on  nonjudicial  day 
4870. 

Jury,  may  be  waived  232. 

Jury  trial  5204-5225. 

Jury  trial  guaranteed  232. 

Justice's  court,  appeals  from  321 ,  5788-5794. 

Justice's  court,  final  appeals  from  4840. 

Juvenile  department  730,  757. 

Language,  what  and  how  used  4885. 

Law  and  equity  in  same  action  329. 

Law,  judge  may  declare  327,  4846,  7195, 
7197. 

Mandamus,  5694-5707,  5711-5713. 

Mandamus,  may  issue  321,  4840,  4843. 

Manner  of  making  and  hearing  motions, 
D.  C.  rule  xi,  p.  1427. 


District  court — continued. 

Matters  of  fact,  judge  not  to  charge  327, 
4846. 

May  appoint  appraisers  or  arbitrators  4849. 

May  appoint  counsel  to  appear  for  child 
under  juvenile  court  law  742. 

May  authorize  action  by  nonresident  guard- 
ian for  recovery  of  property  for  ward  6200. 

May  authorize  conveyance  of  homestead 
when  wife  insane,  disposition  of  proceeds 
2146,  2147. 

May  by  writ  of  mandamus  compel  registra- 
tion 1710. 

May  change  names  of  persons,  hearing, 
notice,  order  5837. 

May  compel  attendance  of  witnesses  4849. 

May  compel  production  of  title  papers  of 
property  of  estate  of  minor  4849. 

May  decree  that  executor  or  administrator 
convey  real  property  under  contract  of 
decedent  6032. 

May  enjoin  proceedings  of  bank  examiner 
675. 

May  enter  judgments  and  orders  in  term  or 
vacation  4842. 

May  issue  attachment  for  witness  in  con- 
test for  county  or  township  oflice  1809. 

May  issue  license  to  minister  of  gospel 
authorizing  solemnization  of  marriages 
2340. 

May  issue  writ  of  certiorari  5684. 

May  issue  writ  of  mandamus  5695. 

May  issue  writ  of  mandamus  to  compel 
registration  of  elector,  to  decide  con- 
tested questions  of  registration  1710, 1712. 

May  issue  writs  of  mandamus,  injunction, 
quo  warranto,  certiorari,  habeas  corpus 
and  other  writs  (Nev.  Const,  art.  vi,  sec.  6) 
321. 

May  make  order  allowing  married  woman 
to  carry  on  business  in  her  own  name  2191 . 

May  make  order  directing  execution  of 
deed  by  executor  or  administrator  under 
contract  of  decedent  6147. 

May  make  order  for  examination  or  tak- 
ing deposition  of  prisoner  5442. 

May  make  order  for  sale  of  real  estate  of 
Protestant  Episcopal  Church  1431. 

May  make  rules,  limitation  4845. 

May  naturalize  aliens  2516. 

May  order  contestee  to  appear  in  contest 
for  nomination  under  primary  election 
law  1764. 

May  order  justice's  court  to  transmit  papers 
on  appeal,  service  of  orders,  fine  5791. 

May  order  levy  of  taxes  to  meet  obligations 
o"f  city  on  disincorporation  873. 

May  order  new  certificate  of  stock  of  cor- 
poration issued  in  lieu  of  one  lost  1165. 

May  overrule  general  demurrer  for  failure 
of  demurrant  to  furnish  counsel  points 
and  authorities,  rule  viii,  p.  1427. 

May  prescribe  notice  of  disincorporation  of 
city  875. 

May  render  judgment  in  action  to  review 
order  of  public  service  commission 
4540  Cc). 

May  shorten  or  enlarge  time  for  notice  or 
hearing  of  motion,  rule  x,  p.  1427. 

Mechanics'  liens,  jurisdiction  (Nev.  Const.) 
321,  323. 


2203 


INDEX 


Civil  practice 


District  court— continued. 

Ministerial  officers,  conduct,  to  control  4SC>4. 

Minors,  estates  of,  jurisdiction  321 . 

Minutes,  entry  to  be  made  in  of  order 
adopting  child  5832. 

Mortgages,  foreclosure  5501-5503. 

Motion  for  continuance,  how  made,  affida- 
vits and  counter-affidavits,  service,  D.  C. 
rule  xii,  p.  1427. 

Motion  not  to  be  reheard  unless  by  leave 
after  notice,  D.  C.  rule  xi,  p.  1427. 

Motion,  when  five  days'  notice  required, 
what  notice  to  specify,  court  may  shorten 
or  enlarge  time,  D.  C.  rule  x,  p.  1427. 

Motions  and  orders  5362-5366. 

New  trials  in  5319-5324. 

Nonjudicial  days  designated,  certain  busi- 
ness may  be  transacted  on  4870. 

Notice  of  time  of  holding  to  be  given  by 
judge  or  clerk,  D.  C.  rule  iii,  p.  1426. 

Notices  53H7-5375. 

Notice  to  adverse  claimants,  townsite  lots 
1984. 

Nuisance,  action  for  550 1-55 1:;. 

Of  county  in  which  property  is  situated  has 
jurisdiction  of  action  to  restore  lost  rec- 
ords 5M36,  5»;:;7. 

Official  reporter  490S-49I3. 

Official  reporter,  committee  to  examine 
1909. 

Official  reporter,  duties  4W8. 

Official  reporter,  excused,  when  may  be 
#10. 

Official  reporter,  fees.  ho\\   paid  4913. 

Official  reporter,  judge  to  appoint  4908. 

Official  reporter,  oath  of  office  4911. 

Official  reporter,  qualifications,  test  of  4909. 

Official  reporter,  removable  at  pleasure, 
4908,4910. 

Official  reporter,  temporary  appointment 
4910. 

Official  reporter,  transcript  prim  a  facie  evi- 
dence 4912. 

On  removal  of  officer  for  malfeasance,  to 
transmit  copy  of  judgment  to  governor 
or  county  commissioners  285:;. 

On  Saturday  of  each  session  law  questions 
to  be  heard  unless  good  cause  shown  for 
delay,  D.  C.  rule  v,  p.  1426. 

One  form  of  action  329. 

Open  always  4906. 

Or  judge  may  make  preliminary  order  re- 
garding disposition  of  children  or  prop- 
erty in  action  for  divorce  5840,  5841. 

Or  judge,  supreme  court  may  make  writ 
of  habeas  corpus  returnable  before  (Nev. 
Const,  art.  vi,  sec.  4)  319. 

Or  judge,  supreme  court  or  justice  thereof 
may  make  wrrit  of  habeas  corpus  return- 
able before  4834. 

Order,  by  one  judge  not  to  be  changed  or 
affected  by  another,  4881,  4882. 

Order,  power  to  preserve  and  enforce  4864. 

Order,  refused  or  granted  conditionally, 
application  for  same  order  only  to  higher 
judge  4881. 

Original  appellate  jurisdiction  4840. 

Panel  of  trial  jurors,  how  drawn  and  sum- 
moned 4930. 

Papers,  filing  and  serving  5367-5375. 

Partition,  proceedings  in  5527-5583. 


District  court — continued. 
Partner  in  practice,  judge  not  to  have  4867. 
Payment  of   attorneys  appointed  for   de- 
fense 7540. 7541 . 

Perpetuating  testimony  5464-517:!. 
Personal  injuries,  action  for  5649-5652. 
Petition  for  changing  name  of  person  to  be 

filed  in  28:55. 

Place  of  holding,  changed  when  4873,  4S74. 
Pleadings  5035-5086. 
Pleadings  and  documents  to  be  on  legal 

cap,   in    proper    form,   and    not    to   be 

amended  by  changing  original  without 

leave  of  court,  D.  C.  rule  ix,  p.  1427. 
Power  of  county,  to  enforce  process  2S.">5. 
Power   to   enforce   orders,  judgment   and 

process  4861. 

Powers,  estates  to  enforce  5867. 
Powers,  in  vacation  4842,  4S50. 
Presentation  to  of  complaint  for  removal 

of  officer  for  malfeasance  2S52. 
Proceedings  for  removal  of  officers  2851- 

2854. 

Proceedings,  public,  exception   4862,  4863. 
Proceedings,  to  be  certified  to  when  adverse 

claims  for  lot  in  federal  townsite  1981. 
Proceedings,  to  remove   directors  of   cor- 
porations 1180-1 182. 
Process,  clerk  to  issue  6261. 
Process,  power  to  enforce  2833-2835,  4864. 
Process,  resistance  of,  contempt  2833,  2834. 
Process,  style  of  (Nev.  Const.)  328. 
Prohibition  5708-57 13. 
Prohibition,  may  issue  4840. 
Quo  warranto  5656-5682. 
Quo  warranto,  may  issue  321,  4840,  4843. 
Railroad   commission    may    apply   to    for 

summons,  procedure  4532,  4540. 
Receivers  5193. 

Receivers  for  corporations  1194-1199. 
Referee,  power  to  enforce  order  before  4864. 
Reference  and  referees  5230-5235. 
Register  of  actions,  clerk  to  keep  5480. 
Religious  or  charitable  corporations,  may 

allow  sale  of  property  1369. 
Resistance  of  process,  contempt  2833,  2834. 
Revenue   officers,  removal    or   suspension 

3753. 
Revisory  power  over  election  of  officers  of 

corporation,  may  order  newr  election  1130. 
Room  and  necessities,  may  direct  sheriff  to 

provide  4841,4921. 
Rule,  may  impose   penalty  on    overruling 

demurrer  4845. 
Rules,  pp.  1426-1431. 
Rules,  may  make  restrictions  on  4845. 
Sale  of  corporate  property  1197,  1198. 
Seal,  how  affixed  4880,  5481. 
Seal,  to  what  papers  affixed  4879. 
Second  judicial  district,  number  of  judges, 

powers,  may  make  rules  4903. 
Sheriff  may  adjourn  court,  when  4872. 
Sheriff,  may  direct  to  provide    room  and 

necessities  4841,  4921. 
Sheriff,  to  attend,  orders  to  obey  and  enforce 

1648. 

Sheriff,  to  summon  venire  4930. 
Sickness  of  judge  or  juror  pending  trial  7194. 
State,  actions  against  5653-5655. 
Submitting  controversy  without  action  5252- 

5254. 


Civil  practice 


INDEX 


2204 


District  court — continued. 

Subpena  issued  by  railroad  commission, 
may  enforce  4561. 

Surety  company  bond,  may  accept  695-701. 

Suspend  administrators,  executors  or  guard- 
ians during  vacation  4850. 

Terms  4842,  4906. 

Terms,  when  and  where  held  (Nev.  Const.) 
332. 

Testimony,  judge  may  state  327. 

Testimony,  perpetuating  5464-5473. 

Times  of  holding  to  be  as  fixed  by  law  and 
to  be  at  the  county-seat,  but  legislature 
may  divide  county  into  two  or  more  dis- 
tricts and  designate  place  of  holding  court 
(Nev.  Const,  art.  vi,  sec.  7)  322. 

Title  papers,  may  require  production  4849. 

To  act  in  incorporation  of  cities  and  towns 
768,  769. 

To  appoint  probation  officer  733. 

To  be  held  at  county-seat  4871. 

To  be  held  in  each  county,  how  often  4922. 

To  cite  officer  on  filing  of  complaint  charg- 
ing malfeasance  2852. 

To  determine  contests  for  state  lands  3208. 

To  have  seal  4875. 

To  set  one  day  in  month  for  setting  cases 
unless  business  requires  different  arrange- 
ment, D.  C.  rule  ii,  sec.  4,  p.  1426. 

Transfer  of  cases  to  from  justice's  court 
5721. 

Trespass,  action  for  5504-5513. 

Trial  by  jury  guaranteed  (Nev.  Const.)  232. 

Trial,  civil  5195-5229. 

Trial,  jury,  panel,  drawing  and  summons 
of  4930. 

Unlawful  detainer,  jurisdiction  of  (Nev. 
Const.)  321. 

Vacation,  powers  in  4842,  4850. 

Verdict  may  be  received  on  nonjudicial  day 
4870. 

Waste,  action  for  5504-5513. 

When  may  appoint  some  one  to  perform 
duties  of  district  attorney  and  certify 
compensation  1597. 

When  may  order  new  trial  on  appeal  from 
justice's  court  5794. 

When  to  enter  decree  for  removal  of  officer 
for  malfeasance  2852. 

Wills  6202-6225. 

Wills,  power  to  probate  4849. 

Witness  not  to  be  unreasonably  detained 
(Nev.  Const.)  235. 

Writs,  what  may  issue  321,  4840,  4843,  6228. 

Writs  and  warrants,  clerk  to  issue  6261. 
District  judge,  action  contesting  election  of, 
triable    in    adjoining   district   court    in 
like  manner  as  contest  for  county  or 
township  office  1813. 

Appearance,  consent  and  agreement  before 
on  adoption  of  children  5826.  . 

As  trustee  of  federal  townsite  may  act 
after  term  1988. 

Assistance,  writs  of.  may  issue  at  cham- 
bers 4843. 

Box  for  names  of  jurors,  to  approve  5204. 

Certiorari,  may  issue,  determine  at  cham- 
bers 321,  4843. 

Chambers,  business  transacted  in  any  part 
of  state  4922. 


District  judge — continued. 

Children  under  14  years,  to  approve  em- 
ployment 6824. 

Claim  against  estate,  may  file  5966. 

Corporations,  directors,  revisory  power 
over  election  of  1130. 

Court,  may  hold  in  any  county  4844. 

Decision,  may  sign  in  any  part  of  state, 
4922. 

Disqualified,  probate,  procedure  5940,  5941. 

Duties,  may  perform  certain  after  expira- 
tion of  term  1988,  5489-5491. 

Estates,  disqualified  to  act  in,  duty  5940, 
5941. 

Facts,  not  to  charge  in  regard  to  (Nev. 
Const.)  327. 

Federal  townsites,  may  enter  as  trustee 
1961. 

Fees  and  expenses  for  patent  and  deeds 
to  federal  townsite  1986. 

Guardianship,  may  grant  special  letters 
in  vacation  4850. 

Habeas  corpus,  may  issue  321,  4840,  6228. 

Habeas  corpus,  refusal  of  writ,  penalty 
6262. 

Has  jurisdiction  concurrent  with  justice 
of  the  peace  in  action  for  possession 
where  relation  of  landlord  and  tenant 
exists  or  possession  unlawfully  with- 
held 5604. 

Impeachment,  liable  to  335. 

Insane  person,  duty  in  regard  to  commit- 
ment of  2204. 

Insane  person,  if  property  exhausted  may 
certify  to  secretary  of  state,  who  shaii 
transfer  insane  person  to  indigent  list 
2201. 

Jurisdiction,  equal,  coextensive  and  con- 
current 4922. 

Jury  box,  to  approve  5204. 

Mandamus,  may  issue  (Nev.  Const.)  321. 

Mandamus,  may  issue  and  determine  in 
chambers  4843. 

May  act  in  case  of  death  or  disability  of 
trustee  in  federal  townsite  1991. 

May  act  in  relation  to  removal  and  elec- 
tion of  directors  and  officers  of  corpo- 
rations 1179-1182. 

May  be  required  to  reduce  decision  tc 
writing  and  note  exception  thereto  4847. 

May  hold  court  in  any  judicial  district 
upon  request  ot  judge  of  district  or 
direction  of  governor  4844. 

May  issue  citation  for  discovery  of  per- 
sonal property  on  which  taxes  delin- 
quent 3679. 

May  issue  writ  of  certiorari  5684. 

May  issue  writ  of  mandamus  5695. 

May  make  order  authorizing  the  mortgag- 
ing of  estates  of  deceased  persons  6140>. 

May  order  correction  of  error  or  omission 
relating  to  primary  election,  disobe- 
dience contempt  1763. 

May  order  dissolution  of  corporation  on 
its  own  application  1240. 

May  order  execution  in  officer's  own  name 
for  unpaid  fees  2027. 

May  sign  decision  in  any  part  of  state, 
clerk  to  enter  4922. 

May  sign  records  left  unsigned  by  pre- 
decessor, effect  4923. 


2205 


INDEX 


Civil  practice 


District  judge — continued. 

May  suspend  county  commissioner  pend- 
ing charges  and  appoint  other  to  per- 
form duties  3753. 

May  take  and  certify  to  affidavit  for  ex- 
amination of  books  of  assayer,  mill  or 
purchaser  of  ore,  gold  dust  or  bullion 
2484. 

May  try  and  determine  writs,  dispose  of 
motions  for  new  trials  and  transact 
other  business  at  chambers  4843.  . 

Not  to  charge  juries  on  matters  of  fact, 
but  may  state  evidence  and  declare  law 
4840. 

Only  one  having  charge  of  proceeding 
shall  grant  further  time  unless  absent 
or  unable  to  act,  exception,  rule  xliii, 
p.  14:;  i. 

Towers  of  in  vacation  4850. 

Probation  officer,  to  appoint  733. 

Proceedings  before  on  adoption  of  chil- 
dren, order  5829. 

Public  administrators  to  make  semiannual 
report  to  1618. 

Quo  warranto,  may  issue  and  determine 
in  chambers  :',21.  4843. 

Records  signed  and  bills  of  exception 
settled  by.  after  expiration  of  term 
effective  r.»«.M>.  r.i'.d. 

Removal  from  office  by  legislature  336. 

To  ad  as  trustee  in  entering  federal  town- 
sites  and  conveying  lots  1981-1988. 

To  act  on  voluntary  dissolution  of  cor- 
poration 1240. 

To  appoint  guardian  and  order  sale  of 
property  of  insane  person  and  payment 
of  expenses  for  the  insane  from  money 
or  property  or  by  kindred  2200. 

To  approve  undertaking  for  stay  of  exe- 
cution pending  motion  for  new  trial  in 
district  court  rule  xxvi,  p.  1429. 

To  control  business    in   his  district  4922. 

To  decide  before  end  of  term  and  may 
perform  certain  acts  after  term  expires 
5489. 

To  designate  paper  for  publication  of 
notice  for  taking  testimony  for  perpetu- 
ation 5466. 

To  fix  time  for  hearing  election  contest 
for  county  or  township  office  1808. 

To  give  notice  of  obtaining  as  trustee, 
patent  for  federal  townsite  1982. 

To  give  notice  of  time  of  holding  court, 
D.  C.  rule  iii,  p.  1426. 

To  make  order  for  taking  testimony  for 
perpetuation  5466. 

To  sell  lots  in  federal  townsite  not  con- 
veyed within  one  year  1987. 

Trial  jury*  commissioner  to  draw  4930. 

Vacation  of  office  by  absence  332. 

Veterinarian,  service,  may  require  4379. 

When  any  shall  have  entered  upon  trial 
or  hearing  or  made  ruling,  no  other 
judge  to  act  unless  upon  written  request, 
rule  xli,  p.  1431. 

When  in  election  contest  may  make  order 
for  arrest  of  person  receiving  fees  1815. 

When-may  commit  idiots  and  feeble-minded 
persons  to  hospital  for  mental  diseases 
2211. 

139 


District  judge  —  continued. 

When  two  justices  of  the  peace  equally 

entitled,  to  certify  which  is  successor 

5807. 
Writs,   what  may   issue  221,  4840,  4843, 


District  judges,  for  reasonable  cause  may 
be  removed  on  two-thirds  vote  of  mem- 
bers elected  to  each  branch  of  the  legis- 
lature (Nev.  Const,  art.  vii,  sec.  3)  336 

Have  equal,  coextensive  and  concurrent 
jurisdiction,  functions  of  court  and 
judges  at  chambers  4922. 

How  elected,  terms  of  office  (Nev.  Const.) 
art.  vi,  sec.  5)  320. 

Legislature  may  increase  or  diminish 
number,  change  not  to  take  effect  ex- 
cept in  case  of  vacancy  or  expiration  of 
term  u>ev.  Const,  art.  vi,  sec.  5)  320. 

Several  may  hold  court  in  one  county  at 
one  time  4922. 

Two  or  more  in  one  district  may  adopt 
rules  for  division  or  disposal  of  busi- 
ness, rule  xli,  p.  1431. 
District  of  Columbia,  when  included  in  word 

"state"  and  words  "United  States"  5475. 
Districts,   judicial,   legislature  may  provide 

for  and  number  of  judges,  change  not  to 

take  effect  except  in  case  of  vacancy  or 

expiration    of  term  (Nev.   Const,   art.   vi, 

sec.  r,)  .">20. 

Ditch  companies,  rates  may  be  regulated  by 
the  legislature  (Nev.   Const,   art.   iv,   sec. 
20)  278. 
Ditches,  eminent  domain  may  be  exercised 

for  r»r,<  Mi. 
Dividends,    directors   of    insolvent   railroad 

company  paying  liable  for  debts  3568. 
Divorce,     custody     of     children     may     be 

changed  pending  or  after  action  5840. 
Disposition  of  children  pending  and  after 

proceedings,    order    for   production    of, 

enforcement  5840. 
Disposition  of  property,  what  considera- 

tions determine,  effect  of  decree  on  mat- 

ters not  specifically  mentioned,  prelim- 

inary restraining  orders  5841. 
Disposition  of  property  rights,  rule  when 

wife  obtains  decree  on  ground  of  im- 

prisonment   or    adultery    of    husband, 

alimony  pendente  lite,  procedure,  orders 

5843. 
Either  party  entitled  to  jury  to  try  issue 

of  fact  5845. 
•How   community   property   divided   upon 

granting  decree  2166. 
How  obtained,  grounds  for,  verified  com- 

plaint, venue  5838. 
In  proceedings  for,  court  may  direct  trial 

of  fact  to  be  private  4863. 
Local   or   special    laws   for  granting   are 

invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 
Nonresident  defendant  to  be  notified,  or- 

der, publication,  service,  summons,  com- 

pulsory process  may  issue  5839. 
Order  for,  completely  dissolves  marriage 

contract  and  may  change  name  of  fe- 

male 5844. 
Order  regarding  children  may  be  enforced 

by  attachment,  commitment  or  requiring 

security  5840. 


Civil  practice 


INDEX 


2206 


Divorce — continued. 

Schedule  of  sections  relating  to  5838. 
Testimony,   pleadings,  orders,  depositions 

and  practice  same  as  in  actions  at  law 

5842. 

Docket,  and  papers  in  case  of  death  or  re- 
moval   of   justice   of   the   peace   to    be 

delivered    to   other   justices   or   county 

clerk  5804. 
And  papers  must  be  delivered  by  justice 

of  the  peace  to  successor  5803. 
Certified  transcript  of  on  change  of  place 

of  trial  in  justice's  court  571!). 
Conviction  of  contempt  in  justice's  court 

to  be  entered  5799. 
Entry  in  judgment  docket  of  district  court 

of  abstract  of  judgment  in  justice's  court 

5780. 
Entry  of  judgment  of  supreme  court  to 

be  made  5300. 
Execution  or  other  process  may  be  issued 

by  justice  of  the  peace  upon  docket  of 

predecessor  5805. 
For  judgment  liens,  how  kept  and  what 

to  contain  5275. 

In  justice's  court,  alphabetical   index  re- 
quired to  be  kept  5802. 
In    justice's   court,    certified    copy    to    be 

transmitted  on  appeal  to  district  court 

5791. 
In  justice's  court,  copy  of  to  be  used  on 

appeal  in  district  court  5789. 
In  justice's  court,   entry   to  be  made  of 

date   of   trial   or   hearing   and   mailing 

notice  5733. 
In  justice's  court,  in  civil  action,  entry  of 

waiver  of  jury  5760.    * 
In  justice's  court,  what  entries  to  be  made 

5800. 
Judgment  for  deficiency  may  be  entered 

after   sale   on   foreclosure   and   become 

lien  on  real  estate  5501. 
Of  judgment,  costs  to  be  included  5278. 
Of  judgment,  to  include  entry  of  interest 

and  costs  5388. 
To  be  open  for  inspection  without  charge 

5276. 
Transcript  of  to  be  certified  by  justice's 

court   on   transfer   of   case   to   district 

court  for  trial  5721. 
Document,  bringing  of  may  be  required  by 

witness  5431. 
Production  maybe  required  by  arbitrators 

on  voluntary  submission  of  dispute  be- 
tween employer  and  employee  1932. 
Public,  of  this  state  or  the  United  States 
•    other  than  judicial  in  custody  of  public 

officer  or  certified  or  verified  copy  may 

be  read  in  evidence  5409. 
Documentary  evidence,  may  be  required  by 
mandamus  in  contest  for  county  or  town- 
ship office  1806. 
Drainage,  eminent  domain  may  be  exercised 

for  5606. 

Drunkard,   habitual,  consent  of  parent  ad- 
judged guilty  of  being,  when  not  required 
on  adoption  of  child  5828. 
Drunkenness,  habitual,  gross,  when  ground 

for  divorce  5838. 
Due  process  of  law,  state  shall  not  deprive 

any  person  of  (U.  S.  Const.)  185. 


Due  process  of  law — continued. 

Person  shall  not  be  deprived  of  life,  lib 
erty   or   property   without  (Nev.    Const, 
art.  i,  sec.  8)  237. 
Dues,    from    corporations   may   be   secured 

but  corporators  not  individually  liable  for 

debts  (Nev.  Const,  art  viii,  sec.  3)  340. 
Duplicate  notice,  of  location  of  mine  in  office 

of  county  recorder  receivable  in  evidence 

same  as  original  2473. 
Earnings,  of  judgment  debtor,  when  exempt 

from  execution  5288. 
Earnings,  of  wife,  not  subject  to  debts  of 

husband  2167. 

Easement,  when  may  be  taken  under  emi- 
nent domain  5607. 
Editors,   libraries  and  certain  property  of. 

exempt  from  execution  5288. 
Ejectment.     See    Forcible    Entry    and    De- 
tainer 5585-5605,  6743. 
Ejectment,  jurisdiction  321,  4840. 
Election,  alien  not  to  be  naturalized  within 

30  days  prior  to  general  2519. 
Election,    and    terms    of    office    of    district 
judges  (Nev.  Const,  art.  vi.  sec.  5j  320. 

Elector  may  apply  to  district  court  for 
writ  of  mandamus  to  compel  registra- 
tion of  name  1710,  1712. 

Of  county  and  township  officers,  local  or 
special  laws  regulating,  invalid  (Nev. 
Const,  art.  iv,  sec.  20)  278. 

Of  officers  of  corporation,  district  court 
has  revisory  p;nver  over,  may  order 
new  election  1130. 

Primary,  justice  of  supreme  court  or  dis- 
trict judge  may  order  correction  of 
error  or  omission,  disobedience  con- 
tempt 1763. 

To  county  or  township  office,  how  and 
when  elector  may  contest,  filing  of  state- 
ment, what  to  contain  1805,  1806. 

When  time  for  contest  or  recount  begins 

to  run  1894,  1895. 

Election  contest,  delays  in  obtaining  evidence 
not  to  cause  contest  to  fail  1894. 

For  city  office,  how  brought  and  deter- 
mined 801. 

For  county  or  township  office,  clerk  of 
board  of  county  commissioners  to  issue 
certificate  in  accordance  with  judgment 
1810. 

For  county  or  township  office,  fees  of 
clerk,  sheriff  and  witnesses  same  as  in 
district  court  1811. 

For  county  or  township  office,  if  judgment 
annuls  election  and  no  appeal  taken 
Avithin  thirty  days  certificate  becomes 
void  1812. 

For  county  or  township  office,  issuance 
and  service  of  subpenas,  attachment  to 
compel  attendance  of  witnesses  1809. 

For  county  or  township  office,  jurisdiction 
of  district  court,  may  require  document- 
ary evidence  by  mandamus  180U. 

For  county  or  township  office,  statement 
or  complaint,  filing,  fixing  time  for 
hearing,  notice  and  service  1808. 

For  district  judge,  triable  in  adjoining 
district  court  in  like  manner  as  contest 
for  county  or  township  office  1813. 


2207 


INDEX 


Civil  practice 


Elect ion  contest — continued. 

For  member  of  legislature,  either  party 
may  take  depositions  under  rules  of  dis- 
trict court,  forwarding  to  secretary  of 
state,  delivery  to  presiding  officer  ISi'i*. 

For  member  of  legislature,  how  started 
and  conducted,  service  of  notice,  depo- 
sit ions,  how  taken  and  transmitted  1818, 
1S10.  isi'c. 

For  member  of  legislature,  justice  of  the 
peace  to  issue  subponas  for  taking  depo- 
sitions, witness  may  be  attached  and 
fined,  certiticat  ion  of  testimony  to 
county  clerk  1819. 

For  member  of  legislature,  presiding  offi- 
cer to  notify  members  of  receipt  of 
depositions  and  papers  IM'I. 

For  member  of  legislature,  secretary  of 
state  to  receive  depositions  and  papers 
and  deliver  to  presiding  officer  1820- 

1  *1'2. 

For  nominal  ion    i  <<>4. 

For  ollice  other  than  state  ollice.  time  for 
commencement  of  I'.tT.".. 

For  state  otlico.  attorney-general  to  prose- 
cut*1,  supreme  court  lias  original  juris- 
diction 1SL-:;. 

For  state  oilier,  time  for  commencement 
of  1072. 

For  state  officer,  who  may  contest,  how 
prosecute* I  ISl!.",. 

.May  be  brought  by  district  attorney  when 
any  person  unlawfully  holds  any  pub 
lie  office  ISM. 

One  action  maybe  brought  against  several 
persons  claiming  same  office  1817. 

Sheriff  to  serve  papers  ixn.x.  isn'j.  1811, 
IMS.  1S20. 

Successful  contestant  may  recover  dam- 
ages INK;. 

When  district  attorney  may  nave  person 

arrested   for  receiving  fees,  bail  1815. 
Election    day.    elector    not    to    he    arrested 

under  civil  process  on  (  Nev.  ('oust.  art.  ii, 

sec.   4)  IT.:;. 

Elector,  convicted  of  certain  crimes  to  be 
excluded  from  jury  unless  restored  to 
civil  rights  I  Xov.  Const,  art.  iv,  sec.  27) 
285. 

May  apply  to  district  court  for  writ  of 
mandamus  to  compel  registration  1710. 

Not  to  be  arrested  under  civil  process  on 
election  day  (Xev.  Const,  art.  ii,  sec.  4) 
253. 

Residence  required  to  constitute,  persons 
not  electors  excluded  from  jury  (Nev. 

.  Const,  art.  ii,  sees.  1,  2)  250,  251,  285. 

When  and  how  may  contest  election  to 
county  office,  statement,  what  to  con- 
tain 1S05,  1800. 

Electric  light  and  power  lines,  when  emi- 
nent domain  may  be  used  for  5606. 
Electric  power  company,  may  condemn  for 

right  of  way  21.38. 

Elisor.  duty  of  on  stay  of  execution  pending 
motion  for  new  trial  in  district  court, 
rule  xxvi.  p.  1420. 

Entitled  to  same  fees  as  sheriff  5408. 

How  to  confine  sheriff  upon  his  arrest 
5407. 

May  execute  process  same  as  sheriff  5406, 
5498. 


Elisor — continued. 

When  may  be  appointed,  bond  .~>l«>r>. 

When  to  return  and  stay  execution  pend- 
ing appeal  in  district  court,  rule  xxii, 
p.  1420. 

Embassador    of    Tinted    States,    may    take 
affidavits  in  foreign  countries  5452. 

To   certify   to  judicial    record  of   foreign 

country  5411. 
Embezzlement,    of   public   funds,   conviction 

of  disqualifies   from   holding  public  office 

(Nev.  Const,  art.   iv.  sec.  10)  20S. 
Eminent  domain,  action  begun  anew  where 
defendant's  title  defective  5618. 

All  parties  in  interest  may  appear  5613. 

Apportionment  of  costs  in  proceedings 
5623. 

I'.y  accepting  payment  defendant  aban- 
dons defenses  except  claim  for  greater 
compensation  .~»<I22. 

Compensation  for  property  taken  by,  guar- 
anteed IT.",.  2:',7.  ::il. 

Condemnation  by  railroad  companies,  what 
may  he  condemned,  procedure  3535-3550, 
:;r,74.  r,o27. 

Condemnation  for  right  of  way  2138. 

Condi  lions  precedent  to  condemnation  5000. 

( Vnteiits  of  complaint   50 1 2. 

Corporation  not  to  appropriate  right  of 
way  without  compensation  344. 

Court  may  authorize  occupancy  by  plain- 
tiff after  judgment  or  pending  appeal 
upon  payment  or  deposit,  stay  5622. 

Crossings  to  be  made  and  kept  in  repair 
5626. 

Damages  deemed  accrued  at  date  of  serv- 
ice of  summons  5017. 

Damages,  how  assessed  5010. 

Damages  to  be  paid  within  thirty  days 
after  final  judgment,  bond  for  railroad 
fence,  attorney's  fee  5010. 

Estates  and  rights  subject  to  condemna- 
tion r.CdT. 

Final  order  made  upon  payment,  record- 
ing 5621. 

Franchises  may  exercise  right  of  for  2138. 

Irrigation  projects  may  exercise  4770. 

Jurisdiction  of  district  court,  complaint, 
verified  5011. 

May  be  exercised  for  construction  of  toll 
road  3052. 

May  be  exercised  in  behalf  of  what  uses 
5606. 

Mining  claims  on  "land  in  private  owner- 
ship 2458-2402. 

Occupancy  of  premises  pending  action, 
notice,  hearing,  proof,  bond,  restraining 
order  5015. 

Payment  may  be  made  defendants  or  de- 
posited in  court,  execution,  if  money 
not  made  on  execution,  proceedings  an- 
nulled 5020. 

Power  of  court  or  judge  5014. 

Procedure  in  civil  cases  applicable  5024. 

Property  shall  be  taken  for  public  use 
without  just  compensation  having  been 
tirst  made  or  secured,  exception  (Nev. 
Const,  art  i,  sec.  8)  237. 

Property  subject  to  condemnation  5008. 

Railroad  company  to  execute  bond  for 
building  of  fences  in  proceeding  under 
eminent  domain  5010. 


Civil  practice 


INDEX 


2208 


Eminent  domain — continued. 

Right  may  be  exercised  by  foreign  cor- 
porations 5629. 

Right  may  be  exercised  by  foreign  or  do- 
mestic railroad  3574. 

Right  of  way  not  to  be  appropriated  to 
corporation  until  compensation  is  made 
or  secured  (Nev.  Const,  art.  viii,  sec.  5) 
344. 

Right  to  enter  to  make  survey,  damages 
5610. 

Rights  of  cities  and  towns  for  highway 
purposes  not  affected  5625. 

Schedule  of  sections  5606. 

When  two  railroad  companies  have  right 

•  over  same  pass  or  territory,  change 
and  expense  of  reconstruction  of  road 
5628. 

Employee,  damages  for  injury  or  death 
under  employers'  liability  act  1924. 

Has  right  of  action  for  damages  if  caused 
to  change  place  of  employment  by  mis- 
representation 1938. 

Judgment  for  death  or  injury  preferred 
claim  to  extent  of  wages  under  employ- 
ers' liability  act  1926. 

Liability  of  common  carriers,  mill  or  mine 
operators,  for  death  or  personal  injury 
5650. 

Of    insolvent    corporation    has    preferred 

lien  for  wages  1187. 

Employer,  common  carrier,  mill  or  mine 
operator  liable  for  damages  for  death 
or  injury  of  employees  5650. 

Owing  wages  responsible  for  poll  tax  of 
employee  3718. 

When  liable  for  injury  to  workmen  under 
employers'  liability  act  1915.  1924. 

When  may  enforce  liability  to  employee 

under  employers'  liability  act  1927. 
Employer  and  employee,  arbitrators  on  vol- 
untary submission  of  dispute  may  sub- 
pena    witnesses    and    administer    oaths 
1932. 

Award  of  arbitrators  on  voluntary  sub- 
mission of  dispute  may  be  enforced  in 
equity  1930. 

Fees  and  expenses  of  arbitrators  on  volun- 
tary submission  of  dispute  1935. 

Injunction  not  to  issue  to  compel  service 
of  employee  1930. 

Schedule  of  acts  1915. 

Voluntary    arbitration    of   disputes    1929, 

1935. 

Employers'  liability  act,  arbitration  pro- 
ceedings under  1922. 

Claim  for  injury  or  death,  judgment  pre- 
ferred claim  to  extent  of  wages  1926. 

Claims  under  may  be  compromised  1928. 

Court  may  increase  or  diminish  weekly 
payments  1923. 

Employer  or  owner  liable  for  injury  in 
doing  work  by  contractor  or  subcon- 
tractor, indemnity  1924. 

If  arbitrators  fail  to  agree  either  party 
may  have  adjudication  by  court  1923. 

Judgment  of  court  under  1923. 

Making  of  claim  against  employer  oper- 
ates as  assignment  by  employee  of 
assignable  cause  of  action  in  tort  1927. 

Prevailing  party  to  recover  costs  and 
reasonable  attorney  fee  1923. 


Employers'  liability  act — continued. 

Provisions  may  be  disregarded  and  dam- 
ages recovered  in'  action  at  law  1925. 
Schedule  of  sections  1915. 
English  language,  to  be  used  in  judicial  pro- 
ceedings, abbreviations  and  numbers  per- 
missible 4885. 
Entries,  in  justice's  court  docket,  are  prima 

facie  evidence  5733,  5801. 
In  justice's  court  docket,  what  to  be  made 

5800. 
Entry,  forcible,  defined  5586. 

Forcible,    district   court   has   jurisdiction 

(Nev.  Const,  art.  vi,  sec.  6)  321. 
Of  county  clerk  relating  to  partnership. 

copies  of  are  evidence  2914. 
To  be  made  only  when  legai  and  in  peace- 
able manner  5585. 

What    deemed    unlawful    and   fraudulent 
under  act  relating  to  possessory  actions 
on  public  lands  5855. 
Equity,    courts   of,   when    receiver   may   be 

appointed  5193. 
District  court  has  jurisdiction  (Nev.  Const. 

art.  vi,  sec.  6)  321. 

Enforcement   in  of  award  of  arbitrators 
in  voluntary  submission  of  dispute  be- 
tween employer  and  employee  1930. 
Equity  action,  supreme  court  has  appellate 
jurisdiction  (Nev.   Const,   art.  vi,   sec.   -±j 
319. 

Equity   and   law.   may   be   administered   in 
same  action  (Nev.  Const,  art.  vi,  sec.  14) 
329. 
Equity  cases,  may  be  tried  with  or  without 

jury  5229. 
Equitable   relief,   action   for   when   adverse 

claim  made  5479. 

Error,  in  matter  of  form  only,  not  ground 

for  quashing  proceedings  in  action  for 

forcible  entry  or  unlawful  detainer  5602. 

Matter    within    specification    of    may    be 

reviewed  on  appeal  5340. 
Not  substantial  to  be  disregarded  5066. 
Only    substantial    warrants    dismissal    of 

appeal  5358. 

Or  defect,  in  transcript  on  appeal  to 
supreme  court,  correction,  rule  vii.  p. 
1423. 

Or  omission,  in  primary  election  may  be 
ordered  corrected  by  justice  of  supreme 
court  or  district  judge,  disobedience 
contempt  1763. 

Prejudicial  only  deemed  material  5080. 
When  ground  for  new  trial  5320. 
Errors,  computation  of  judgment  in  dollars 

and  cents  sufficient  5271. 
In   attachment   papers   in   district   court, 
attachment  not  to  be  dissolved  if  copy 
amended  without  affecting  substantial 
rights,  rule  xx,  p.  1428. 
What   to    be   embodied    in    statement   on 

appeal  5332. 
Escape,  of  defendant  arrested  in  civil  action, 

sheriff  liable  as  bail  5110. 
Escheat,  balance  of  proceeds  of  unclaimed 

property  sold  by  jeweler  532. 
Escheat,  of  funds  in  hands  of  public  admin- 
istrators 1619.     See  Escheats. 
Estate  for  life,  proceedings  on  termination 
of,  notice,  order  5584.  . 


2209 


INDEX 


Civil  practice 


Estate  for  lilV  or  years,  how  set  off  in  action 
for  partition  .Viis. 

Tenant  to  receive  compensation  on  sale  in 

partition  r>.V»o. 
Estates  and  rights,  subject  to  condemnation 

under  eminent  domain  5007. 
Estates    of    deceased    persons.      See    Estates 
of  Deceased  Persons. 

Actions  against  not  to  be  maintained  un- 
less claims  have  been  filed  5972. 

Actions  to  be  brought  on  rejected  claims 
within  30  days  after  notice  5968. 

Costs  in  matters  of  to  be  determined  by 
court  and  execution  to  issue  therefor 
6109. 

<  •nimmiiiity  property  not  subject  to  if 
wife  pays  or  secures  indebtedness  2165. 

Coroner  to  deliver  property  or  money  to 
comity  treasurer  7553. 

Costs  not  recoverable  in  actions  against 
unless  nx>re  recovered  than  allowed  on 
claim  r»l)73. 

1  Mstrict  court  has  jurisdict  ion  i  Xev.  Const. 
art.  vi.  sec.  6)  321,  4840,  4849;  and  of 
minors  4849. 

(riiardian  may  join  in  partition  of  real 
estate  of  ward  OlC.r,. 

Issues  of  fact  to  be  determined  as  in 
common-law  actions  6109. 

Judgment  rendered  after  death  of  party 
payable  in  course  of  administration  r.i'Ti'. 

On  death  of  husband,  community  property 
subject  to  debts,  family  allowance  and 
expanses  of  administration  210.1. 

Payment  of  court  fee  upon  commencement 
of  proceeding  2030. 

Public  administrator  may  bring  action 
for  protection  of  1622. 

Public  administrators,  powers  and  duties 
of  1615-1027. 

Schedule  of  acts  and  sections  5857.  See 
Estates  of  Deceased  Persons  and  refer- 
ences thereto. 

Statute  of  limitations  does  not  run  for  one 
year  after  issuance  of  letters  when  per- 
son died  out  of  the  state  4978. 

Wages  are  preferred  claims  against  6145. 

When  claim  against  may  be  presented 
within  one  year,  and  when  suit  may  be 
brought  4977. 

When  county  treasurer  may  pay  to  per- 
sons entitled  money  received  from  coro- 
ner 7555. 

When  execution  not  to  issue  on  judgment 
recovered  against  deceased  in  his  life- 
time 5975. 

When  executor  or  administrator  liable  for 
costs  in  actions  against  5976. 

When  homestead  and  exempt  property  to 
be  set  apart  for  widow  and  minor  heirs 
2105,  5957. 

When  judgment  ranks  as  approved  claim 
and  execution  not  to  issue  5974. 

When  party  or  assignor  not  to  testify  if 
other  party  to  transaction  is  dead  5419, 
5423. 

Estates  of  minors  and  insane  persons,  district 
court  has  jurisdiction  (Nev.  Const,  art.  vi, 
sec.  6)  321,  4849. 

Estoppel  of  surety  company  to  deny  corporate 
power  700. 


Estray  animals,   notice  and  proceedings  in 

regard  to  2274-2i_)84. 

Evidence,  admission  or  inspection  of  writings 
5416-5418. 

Admission  that  evidence  shown  in  affidavit 
on  motion  for  continuance  would  be  given 
allows  trial  to  proceed  5202. 

Admission  that  it  would  be  given  avoids 
continuance  in  action  for  forcible  entry 
or  unlawful  detainer  5598. 

Affidavit  of  notice  for  presentation  of  claims 
against  bank  in  hands  of  bank  examiner 
671. 

Affidavit  of  service  of  notice  to  persons 
holding  claims  against  closed  bank  prima 
facie  671. 

Affidavit  of  what  expected  to  be  obtained 
on  postponement  of  civil  action  in  justice's 
court  5759. 

All  courts  to  take  judicial  notice  of  change 
in  class  and  organization  of  any  city  775. 

And  amendment  to  complaint  in  action  for 
forcible  entry  or  unlawful  detainer,  con- 
tinuance ;V>(.)i;. 

Application  to  take  testimony  for  perpetu- 
ation 54<;:>. 

Attorney,  client  or  attorney's  secretary, 
when  not  to  be  witness  5425. 

Authenticated  copy  location  notice  2424. 
See  Mines  and  Mining. 

Books  of  public  utility,  public  service  com- 
mission may  require  production  of  4529, 
1531, 

Burden  of  proof  in  action  to  review  order 
of  public  service  commission  4540(e). 

Certificate  of  acknowledgment  or  proof  of 
conveyance  may  be  rebutted  1045,  1046. 

Certificate  of  county  surveyor  or  deputy 
may  be  submitted  1667. 

Certified  copies  of  order  of  railroad  com- 
mission are  prima  facie  evidence  4565. 

Certified  copies  of  papers  or  records  relat- 
ing to  naturalization  are  .2541. 

Certified  copies  of  records  in  office  of  county 
recorder  may  be  read  1094. 

Certified  copies  of  records  of  city  clerk,  ad- 
missible 818. 

Certified  copies  of  records  of  notary,  prima 
facie  evidence  2754,  2755,  2759. 

Certified  copies  of  records  relating  to  min- 
ing claims  may  be  obtained,  prima  facie 
evidence  1636,  2754,  2759. 

Certified  copies  of  records  relating  to  mines 
to  have  same  force  in  courts  as  original 
2467. 

Certified  copies  of  re-recorded  records  lost 
have  effect  of  original  5630. 

Certified  copy  of  certificate  of  incorpora- 
tion is  prima  facie  evidence,  when  1221; 
foreign  corporation  1346. 

Certified  copy  of  incorporation  of  athletic, 
historic,  scientific  or  literary  societies, 
prima  facie  1384. 

Certified  copy  of  incorporation  of  W.  C.  T. 
U.  prima  facie  1437. 

Certified  copy  of  instrument  recorded  in 
office  of  county  recorder,  may  be  read 
1094. 

Certified  copy  of  roll  and  ordinance  for 
special  assessment  by  city  is  prima  facie 


Civil  practice 


INDEX 


2210 


Evidence— continued. 

Certified  copy  of  will  to  be  admitted  5877. 

Clergyman  not  to  testify  regarding  con- 
fession without  consent  5426. 

Commission  to  take  deposition  out  of  state 
to  authorize  commissioner  to  administer 
oath  5461. 

Contents  of  writing,  how  proved  5417. 

Conveyance  properly  acknowledged  may 
be  read  1043. 

Copies  of  entries  of  county  clerk  relating  to 
partnership  are  prima  facie  2914. 

Copies  of  records  relating  to  mining  claims 
impart  notice  and  may  be  read  1635,  1636. 

Copy  of  record  of  conveyance  may  be  read 
1044. 

Courts  to  take  judicial  notice  of  change  in 
class  and  organization  of  city  775. 

Deed  derived  from  sale  of  real  property  for 
delinquent  taxes  conclusive  3666. 

Deed  of  sheriff,  executor,  administrator, 
guardian,  assignee,  receiver,  trustee  or 
commissioner  prima  facie  evidence  of 
regularity  of  sale  when  record  lost  5631. 

Deed  to  have  same  effect  when  made  by 
successor  of  officer  making  sale  of  real 
estate  for  delinquent  taxes  or  under  exe- 
cution or  order  of  sale  1662,  1003. 

Deed  under  tax  sale  made  by  treasurer  not 
prima  facie  of  title  of  purchaser  when 
record  destroyed  5631. 

Delinquent  tax  list  or  certified  copy  is  3658. 

Deposition  deemed  of  party  reading  5457. 

Deposition  for  perpetuation  *of  testimony  to 
be  filed  with  clerk  5468. 

Depositions  may  be  taken  in  proceeding 
before  public  service  commission  4534. 

Deposition  permissible  in  proceeding  for 
naturalization  2523. 

Deposition  taken  for  perpetuation  of  testi- 
mony may  be  read  with  same  effect  as 
oral  testimony,  objection  to  witness  or 
question  5471. 

Deposition  taken  out  of  state  may  be  read 
by  either  party  5463. 

District  court  may  state  to  jury,  limitation 
4846. 

Documentary,  may  be  required  by  man- 
damus on  contest  for  county  or  township 
office  1906. 

Documentary,  reference  may  be  made  toon 
motion  for  new  trial  5321. 

Duplicate  notice  of  location  of  mine  in  office 
of  county  recorder  receivable  same  as 
original  2473,  1635,  1636. 

Duty  of  witness  to  testify,  produce  papers 
and  remain  pending  hearing  5436. 

Entries  in  justice's  court  docket  are  prima 
facie  5733,  5801. 

Exclusion  of  witness  during  trial  5449. 

Failure  of  wife  to  file  inventory  of  separate 
property  is  prima  facie  evidence  that  it  is 
not  the  separate  property  of  wife  2159. 

Fares  and  rates  fixed  by  railroad  commis- 
sion are  prima  facie  4563,  4564. 

Grubstake  contracts  for  location  of  mines 
are  prima  facie  2475. 

How  and  by  whom  deposition  may  be  taken 
out  of  stale  5459,  5460. 

How  attendance  of  witness  may  be  en- 
forced to  take  testimony  5432. 


Evidence— continued. 

How  subpena  issued  for  witness  5432. 

How  treated  by  court  in  action  to  review  or- 
der of  public  service  commission  5440 (b) . 

Husband  and  wife,  prosecution  for  crime 
committed  by  one  against  the  other, 
either  may  testify  5424. 

Husband  or  wife  to  consent  to  the  giving 
of  testimony  by  the  other  5422. 

If  conveyance  acknowledged  and  recorded 
subsequent  purchasers  and  mortgagees 
deemed  to  take  with  notice  1039. 

If  inspection  of  writing  refused  ;t  may  be 
excluded  or  contents  presumed  and  party 
punished  for  contempt  5416. 

If  insufficient  to  justify  verdict  or  decision 
or  if  error  in  ruling  upon,  motion  for 
new  trial  must  be  made  before  appeal  5328. 

If  no  reporter  court  may  order  clerk  to  take 
down  5473. 

In  action  against  railroad  company  for 
baggage  3553. 

In  action  for  libel  truth  may  be  given 
(Nev.  Const,  art.  i,  sec.  9)  238. 

In  action  for  recovery  of  ore,  gold  dust  or 
bullion,  when  failure  to  make  entry  or 
loss  of  books  by  purchaser  no  defense 
2486. 

In  action  to  review  order  of  public  service 
commission,  additional  may  be  intro- 
duced 4540(c). 

In  bankruptcy  proceedings  503. 

In  district  court  in  action  to  review  order 
of  public  service  commission  may  be 
transmitted  to  commission  4540(b)/ 

In  possessory  action  for  public  lands,  when 
possessory  right  extends  to  boundaries 
of  survey  5854. 

In  statement  on  appeal,  or  amendments  to 
proposed  statement  on  appeal,  when  to 
be  reduced  to  narrative  form  and  when 
complete  transcript  mav  be  furnished 
5333. 

Insufficient  as  grounds  for  new  trial  5320. 

Interrogatories  direct  and  cross  for  taking 
deposition  out  of  state  5460. 

Judicial  records  of  other  states,  how  certi- 
fied and  proved  5411. 

Judge  or  jury  may  be  called  5429. 

Judge  to  designate  officer  to  take  testimony 
for  perpetuation  andprescribe  notice54(>(5. 

Justice's  court  may  make  order  for  inspec- 
tion of  written  instrument  and  delivery 
of  copy  5769. 

Libel,  in  action  for,  truth  may  be  given 
(Nev.  Const.)  238. 

Manner  of  taking  testimony  for  perpetu- 
ation 5468. 

Marriage  certificate  or  certified  copy  is  2350. 

Materiality  of,  must  be  shown  in  affidavit 
for  continuance  5202. 

Matters  of  excuse,  justification  or  avoidance 
maybe  given  in  action  for  forcible  entry 
or  unlawful  detainer  5602. 

Newly  discovered  and  material  as  ground 
for  new  trial  5320. 

Notice  and  demand  for  inspection  of  book 
or  writing  5416. 

Of  fact,  deemed  excepted  to  5318. 

Of  foreign  corporation,  acting  without  fil- 
ing certificate  1347. 


2211 


INDEX 


Civil  practice 


Evidence— continued. 

Of  foreign  corporation,  certificate  of  incor- 
poration certified  by  county  recorder  1346. 

Of  incorporation  1110. 

Of  lost  writing  5417. 

Of  more  certain  description  than  included 
in  assessment  roll  may  be  given  in  action 
for  delinquent  taxes  3602. 

Offer  to  allow  judgment  in  justice's  court 
not  admissible  5777. 

Officially  reported,  when  may  be  used  on 
subsequent  trial  5472. 

On  foreclosure  of  mortgage  in  district  court, 
rule  xxiii,  p.  1429. 

On  hearing  petition  to  change  name  of 
person  5837. 

<  >n  motion  for  new  trial  5321. 

Only  so  much  as  necessary  to  explain 
grounds  to  be  inserted  in  statement  on 
appeal  on  questions  of  law  alone  from 
justice's  court  57s<i. 

Only  so  much  as  necessary  to  explain  need 
be  stated  in  taking  exception  5317. 

Oral,  of  loss  and  contents  of  writing  5117. 

Order  of  admission  on  trial  by  jury  5210. 

Original  documentary  n<»t  to  be  taken  from 
district  court,  rule  xix,  p.  142s. 

( )riginal  <>r  certified  copy  of  judicial  records 
i.i  this  state  or  the  United  States  541 

Papers  or  .records  certified  by  adjutant- 
general  are  4080. 

Party  or  assignor  cannot  testify  if  other 
patty  to  transaction  is  dead  54 11),  5423. 

Penalty  for  witness  disobeying  subpena, 
forfeiture  and  damages  543(.». 

Person  present  compelled  to  testify  5135. 

Persons  excluded  as  witnesses  5423. 

Presumption  as  to  value  of  ore  extracted 
from  mine  5509. 

Prim  a  facie  of  facts  when  filed  with  testi- 
mony taken  for  perpetuation  5469. 

Prima  facie  of  neglect  of  assessor  if  prop- 
erty not  assessed  3625. 

Printed  statutes  and  laws  of  other  states  or 
foreign  government  presumed  to  be  cor- 
rect 541:;. 

Production  of  witnesses  and  papers  may  be 
required  by  arbitrators  on  voluntary  sub- 
mission of  dispute  between  employer  and 
employee  1932. 

Proof  by  affidavit  or  oral  testimony  on 
trial  laying  foundation  for  introduction 
of  deposition  5456. 

Public  officer  not  to  be  examined  as  wit- 
ness 542S. 

Rates  fixed  by  public  service  commission 
prima  facie  lawful  4539,  4540. 

Receipt  of  district  attorney  or  tax  receiver 
in  suit  for  delinquent  taxes  is  prima  facie 
3665. 

Recorded  affidavit  of  annual  work  on 
mines  or  copy  is  prima  facie  2431. 

Recording  of  marriage  contract  imparts 
notice  2183. 

Records,  howr  proved  under  act  of  Congress 
526-529. 

Records  of  courts  of  other  states,  how  cer- 
tified and  proved  5410. 

Regarding  forcible  entry  and  detainer  may 
be  given  in  justice's  court  5721. 


Evidence— continued . 

Regarding  title  of  real  property  or  legality 
of  tax,  impost,  assessment,  toll  or  munici- 
pal fine  not  to  be  given  injustice's  court 
5721. 

Right  to  take  copy  of  book  or  paper  5416. 

Sale  by  vendor  ^"possession  of  goods  with- 
out delivery  conclusive  of  fraud  1078. 

Selling  and  delivery  of  commodity  under 
act  fixing  standard  weights  and  measures 
as  prima  facie  representation  by  vendor 
4812. 

So  much  as  is  necessary  to  explain  errors  to 
be  embodied  in  statement  on  appeal  5332. 

Statute  affecting  competency  of  witnesses 
does  not  apply  to  attestation  of  written 
instrument  5411*. 

Subpena,  how  served  if  witness  be  con- 
cealed 5434. 

Subpena.  bow  served,  witness  may  demand 
fees  5-i:;:;. 

Surety  company's  qualifications  698,  700. 

Surveys  made  by  county  surveyor  or  by 
mutual  consent  may  be  admitted  in  evi- 
dence 1667. 

Taken  by  deposition  out  of  state  may  be 
without  interrogatories  upon  agreement 
o-f  parties  5460. 

Testimony  for  perpetuation  to  be  taken  be- 
fore judge  5467. 

Testimony  of  witness  may  be  taken  and 
perpetuated  5464-5473. 

Tbat    property  cannot  be  divided  without 

prejudice  in  action  for  partition  5538. 
Time  for  recount  in  election  contest  not  to 

run  until  evidence  available  1X<>4,  1895. 
Transcript  of  official  reporter  duly  certified 

is  prima  facie,  of  testimony  in  court  pro- 
ceedings 41)12. 
United    States  laws  published  by  Little  & 

P>rown  to  be  529. 
Warrant  may  issue  to  bring  witness,  when 

5440. 
What  required  before  entry  of  judgment  in 

action  for  partition  5534. 
When  admissible  on  part  of  state  to  show 

that  company  is  not  duly  incorporated 

1154. 
When  arrest  void  in  civil  action  and  arrest 

ing  officer  liable  5446. 
When  bank  deemed  insolvent  629. 
When  certified  copies  or  record  of  United 

States  land  patents  may  be  read  5415. 
When   certified  copy  of   record  of  notary 

public  or  of  procedure  is  prima  facie  2754, 

2759. 
When  contents  of  numerous  accounts  or 

documents  may  be  proved  5417. 
When  conveyance  may  be  read  1043-1046. 
When  copy  of  foreign  record  admissible  5412. 
When  deposition  may  be  taken  out  of  state 

5458. 
When  husband  or  wife  cannot  be  witness 

against  the  other  5424. 
WThen  instrument  affecting  real  property  or 

copy  may  be  read  5414. 
When  interpreter  may  be  summoned  and 

sworn,  contempt  5430. 

When  may  be  heard  after  service  of  sum- 
mons in  action  for  divorce  5839. 


Civil  practice 


INDEX 


2212 


Evidence — continued . 

When  notice  imparted  by  record  of  instru- 
ment in  county  recorder's  office  1093. 

When  notice  or  affidavit  regarding  annual 
work  or  payment,  or  certified  copy 
thereof,  is  prima  facie  evidence  2432. 

When  objection  not  available  to  form  of 
interrogatories  in  deposition  5456. 

When  objection  to  form  of  interrogatory  in 
testimony  taken  for  perpetuation  must 
be  made  at  examination  and  before  trial 
5470. 

When  record  of  this  state  or  the  United 
States  other  than  judicial  in  custody  of 
public  officer  or  certified  or  verified  copy 
may  be  read  5409. 

When  survey  and  certificate  of  survey  are 
prima  facie  of  boundaries  of  mines  2429. 

When  testimony  taken  for  perpetuation 
may  be  used  on  trial,  certified  copy, 
form  of  interrogatories  5470. 

When  trial  postponed  for  nonreturn  of 
deposition  taken  out  of  state  5462. 

When  unnecessary  in  statement  on  appeal 
5333. 

When  witness  exempt  from  arrest  in  civil 
action  5445. 

When  witness  may  be  required  to  attend 
and  bring  books,  distance  from  place  of 
trial,  mileage  5431. 

When  witness  not  immune  from  testifying 
under  act  to  regulate  railroad  and  other 
rates  4565. 

Which  may  be  received  in  action  to  restore 
lost  records  5635. 

Who  to  explain  altered  writing  5418. 

Witness,  competency  of  5419-5449. 

Witness  may  be  punished  for  disobedience 
to  subpena,  refusal  to  be  sworn  or  answer 
or  to  subscribe  affidavit  or  deposition  5438. 

Witness  may  take  affirmation  instead  of 
oath,  form  5448. 

Witness  must  answer  as  to  previous  con- 
viction of  felony  5437. 

Witness  need  not  testify  unless  paid  fee  if 
demanded  2012. 

Witness  not  Christian,  how  sworn  5447. 

Witness  not  excused  from  testifying  or  pro- 
ducing papers  before  public  service  com- 
mission on  ground  would  criminate  4536. 

Witness  not  required  to  give  answer  which 
would  degrade  or  subject  him  to  punish- 
ment for  felony  except  as  to  conviction 
5437. 

Witness  not  to  be  unreasonably  detained 
(Nev.  Const.)  235. 

Witness  required  to  answer  legal  and  perti- 
nent questions  5437. 

Witness  shall  not  be  rendered  incompetent 
on  account  of  religious  belief  (Nev.  Const, 
art.  i,  sec.  4)  233. 

Witness  subscribing  to  will  examined  5874. 
Evidences  of  debt,  when  are  included  in  words 

"  personal  property"  and  "  property"  5475. 
Ex  post  facto  law,  or  law  impairing  obliga- 
tion of  contracts  not  to  be  passed  (Nev. 

Const,  art.  i,  sec.  15)  244. 
Examination,  of  books  of  assayer,  mill,  or 

purchaser  of  ore,  gold  dust  or  bullion  upon 

affidavit  before  justice  of  the  peace  or  dis- 
trict judge  2484. 


Excavation,  dangerous,  action  against  party 

failing  to  fence  3235,  3237. 
Exception,  bills  of,  may  be  settled  by  judge 
after  expiration  of  term  5489. 

Bills  of,  when  settled  by  judge  after  expira- 
tion of  term  have  legal  effect  5490,  5491. 

Defined,  when  to  be  taken,  must  be  mate- 
rial 5315. 

Form  of,  point  of  exception  need  not  be 
repeated  5317. 

How  taken,  when  may  be  proved  before 
supreme  court  5316. 

Matters  deemed  excepted  to  5318. 

Only  so  much  evidence  as  necessary  to  ex- 
plain need  be  stated  5317. 

To  be  disregarded  on  motion  for  new  trial 
or  appeal  unless  material  and  prejudicial 
5315. 

To  decision,  district  judge  may  be  required 
to  note  4847. 

To  error  of  law  occurring  on  trial  5320. 

To  ruling  upon  admissibility  of  testimony, 
what  portion  of  testimony  to  be  set  out 
by  question  and  answer  in  statement  on 
appeal  5333. 

To  sureties  to  undertaking  for  attachment 

in  justice's  court  5750. 

Exceptions,  bill  of,  may  be  taken  and  settled 
at  time  of  decision,  order  or  ruling,  only 
pertinent  facts  to  be  stated  5343. 

In  civil  action,  schedule  of  sections  5315. 

Must  be  taken  and  settled  in  lower  court 
to  want  or  insufficiency  of  finding  5345. 

To  be  embodied  in  statement  on  appeal 
5332. 

To  deposition  taken  out  of  state  5463. 

To  want  or  insufficiency  of  finding,  when 
to  be  taken  and  settled  in  lower  court  5345. 

Verified  memorandum  of,  upon  motion  for 

new  trial,  when  to  be  filed  5322. 
Execution,  action  against  officer  for  nonpay- 
ment upon  may  be  commenced  within  2 
years  4967. 

After  sale  under  court  may  enjoin  injury  to 
real  property  5519. 

Alias  process  may  issue  for  restoration  of 
possession  of  land  after  conviction  of  con- 
tempt for  reentry  5394,  5395. 

All  blanks  must  be  filled  in  by  justice  of  the 
peace  before  issuance  5809. 

Amount  to  be  computed  in  dollars  and  cents 
5271. 

And  satisfaction  of,  in  proceedings  in  emi- 
nent domain  5620. 

Appraisers  may  be  appointed  to  estimate 
value  of  homestead  2144. 

Arrest  of  defendant  on  supplementary  pro- 
ceedings 5308. 

Cabinet  of  ores,  geological  specimens  or 
curiosities,  or  paleontological,  remains 
exempt  5823,  5824. 

Catalogue  to  be  kept  of  specimens,  ores  or 
curiosities,  exempt  5824. 

Charge  allowed  for  publication  of  notice  of 
sale  under  5290. 

Costs  in  aid  of,  who  entitled  to  in  justice's 
court  5813. 

Damages  to  real  property  after  sale  and 
before  delivery  5520. 

Debtor  of  judgment  debtor  may  pay  cred- 
itor 5309. 


2213 


INDEX 


Civil  practice 


Execution — continued . 

Debtor  may  be  ordered  to  give  undertak- 
ing to  appear  in  supplementary  proceed- 
ings and  not  to  dispose  of  property, 
commitment  to  prison  for  default  5308. 

Defacing  notice  of  sale,  penalty  5291. 

Disobedience  of  orders  in  supplementary 
proceedings  punishable  as  contempt  5314. 

Excess  of  homestead  value  over  $5,000  may 
be  sold  under,  partition  2144. 

Exemption  of  homestead  not  to  extend  to 
unmarried  person  unless  having  charge 
of  certain  kin  2145. 

Fees  and  salaries  of  persons  holding  office 
or  positions  under  state  subject  to  2864. 

For  cost  of  partition  fence  3605. 

For  costs  to  be  issued  when  remittitur  filed 
in  lower  court  5361. 

Homestead  of  value  of  $5, 000  exempt  from 
2142. 

How  levied  and  sale  how  made  of  mort- 
gaged personal  property  1080. 

How  to  be  issued,  what  to  state  and  require 
5281. 

Horses  and  property  of  state  militia  exempt 
from  4086. 

If  another  party  claims  property  of  debtor 
or  denies  debt,  suit  may  be  ordered  and 
transfer  forbidden  in  supplementary  pro- 
ceedings 5313. 

In  action  by  woodchopper  on  lien  22:50. 

In  action  for  lien  for  keeping  animals  5499. 

In  civil  actions,  schedule  of  sections  5280. 

In  civil  actions  in  justice's  court,  when 
defendant  subject  to  arrest  on  5759. 

In  district  court,  not  to  be  stayed  upon 
motion  for  new  trial  except  upon  bond 
and  notice,  rule  xxvi,  p.  142(.). 

In  district  court,  practice  for  stay  of  pend- 
ing appeal,  rule  xxii,  p.  1429. 

In  justice's  court,  duty  of  officer  receiving 
5786. 

In  justice's  court,  maybe  issued,  stay  5783. 

In  justice's  court,  may  be  renewed  or  an 
alias  issued  5785. 

In  justice's  court,  schedule  of  sections  5783. 

In  justice's  court,  what  must  contain  5784. 

Judge  may  order  property  applied  in  satis- 
faction in  supplementary  proceedings 
5312. 

Justice  of  the  peace  may  issue  upon  docket 
of  predecessor  5805. 

Justice  of  the  peace  may  issue  to  any  part 
of  county  5808. 

Liability  for  stay  of  on  appeal  5347. 

Liability  of  sheriff  for  failure  to  execute 
writ  1651. 

Material  furnished  for  building  exempt 
from  2225. 

May  be  issued  in  action  for  delinquent  taxes 
as  in  other  civil  cases  3665. 

May  be  issued  to  different  counties  5286. 

May  be  issued  under  judgment  revived  for 
failure  of  purchaser  to  obtain  real  prop- 
erty sold  5306. 

May  be  levied  on  property  under  attach- 
ment 5287. 

May  be  levied  upon  mortgaged  personal 
property,  including  growing  crops  1080. 

May  issue  after  death  of  party  5285. 


Execution — continued. 

May  issue  for  costs  in  estates  of  deceased 
persons  6109. 

May  issue  for  costs  on  review  other  than 
by  appeal  5386. 

May  issue  in  officer's  own  name  for  unpaid 
fees  2027. 

May  issue  to  enforce  judgment  in  man- 
damus proceeding  5705. 

May  issue  to  enforce  order  for  payment  of 
money  5366. 

Not  stayed  pending  appeal  unless  sureties 
justify  5354. 

Not  to  be  levied  in  action  on  claim  against 
bank  in  hands  of  bank  examiner  671. 

Not  to  be  levied  on  benefit  from  insurance 
on  assessment  plan  1318. 

Not  to  issue  in  action  against  estate  of  de- 
ceased person  5974. 

Notice  of  sale  under,  how  given  5290. 

Of  judgment  requiring  payment  of  money 
or  performance  of  act  5284. 

Of  written  instrument  copied  into  com- 
plaint or  answer,  when  admitted  5062, 

Officer  selling  property  under  without 
notice,  damages  and  penalty  5291. 

On  homestead,  exemption  not  allowed  sur- 
viving spouse  on  separate  property  2145. 

On  judgment  for  deficiency  for  sale  under 
foreclosure  5501. 

On  judgment  on  joint  contract,  how  satis- 
fied where  some  defendants  not  served 
with  summons  5282. 

On  judgment  on  joint  contract,  satisfaction 
of  out  of  joint  property  5282. 

One  undertaking  sufficient  to  stay  on  appeal 
from  judgment  and  order  granting  or  de- 
nying new  trial  5348. 

Or  renewals,  issuance  of,  payment  upon, 
entry  to  be  made  in  justice's  court  docket 
5800. 

Proceedings  supplementary  to  5307,  5308. 

Proceedings  supplementary  to,  relating  to 
district  court,  are  applicable  to  justice's 
court  5787. 

Property  attached  may  be  sold  to  satisfy 
5151. 

Property  obtained  from  garnishee  to  be 
sold  under  5175. 

Property  may  be  ordered  applied  in  satis- 
faction of  in  supplementary  proceedings, 
5308. 

Property  not  exempt  for  purchase  price  or 
for  amount  due  on  mortgage  or  lien  5288. 

Property  of  husband  not  liable  for  debts  of 
wife  as  sole  trader  2194. 

Publication  of  notice  of  sale  under  5290. 

Real  property  sold  subject  to  redemption, 
who  may  redeem  5299. 

Reasonable  amount  of  debtor's  property  to 
be  exempt  (Nev.  Const,  art.  i,  sec.  14)  243. 

Resistance  to,  punishable  as  contempt  in 
justice's  court  5795. 

Sale  of  franchise  under,  organization  of 
new  corporation,  credit  sale  1151,  1152. 

Sale  of  real  estate  under  suit  to  foreclose 
liens  to  be  similar  2227. 

Sale  under,  debtor  may  direct  order  in 
which  property  shall  be  sold  5292. 


Civil  practice 


INDEX 


2214 


Execution — continued. 

Sale  under,  how  made  5292. 

Sale  under,  of  land  in  two  counties,  notice 

to  be  given  in  both  5292. 
Sale  under  to  be  absolute  in  action  by  ma- 
jority owners  against  minority  owners  for 

expenditures  on  mine  2482. 
Sheriff  after  term  of  office  may  collect  upon 

previously  levied  1656. 
Stay  of,  does  not  result  from  appeal  from 

judgment  of  ouster  in  quo  warranto  5682. 
Stay  of,  how  obtained  in  action  for  forcible 

entry  or  unlawful  detainer  5601. 
Stay  of,  on  appeal  from  judgment  or  order 

directing  execution  of  conveyance  5350. 
Stay  of,  on  payment  of  judgment  by  tenant 

in  action  for  unlawful  detainer  5599. 
Stay  of,  when  appeal  perfected  5352. 
Time  and  issuance  of  5280. 
To  be  levied  only  on  such  property  as  judg- 
ment  debtor    indicates    when    there    is 

excess  5289. 
To  issue  by  county  clerk  to  other  counties 

on  abstract  of  judgment  from  justice's 

court  docketed  in  district  court  5781. 
To  satisfy  deficiency  if  attached  property 

insufficient  to  satisfy  judgment  5160. 
Undertaking  or  deposit  for  stay  of  on  appeal 

from  justice's  court  5792. 
Undertaking  to  stay  on  appeal  from  judg- 
ment or  order  directing  sale  or  delivery 

of  property  and  in  other  cases  5351. 
Unsatisfied,  court  may  appoint  referee  to 

examine  party  owing  or  having  property 

of  debtor  5310. 
Unsatisfied,  party  owing  debtor  or  having 

property  may  be  examined  5310. 
Unsatisfied,   when    receiver    may   be    ap- 
pointed 5193. 

Wages  are  preferred  claim  against  5494. 
What  exempt  from  5288. 
What  liable  to,  property  not  affected  until 

levy  5287. 
When  may  be  stayed  without  undertaking 

if  appellant  is   executor,  administrator, 

trustee  or  person  acting  in  another's  right 

5352. 
When  not  to  be  issued  on  judgment  against 

closed  bank  671. 
When  not  to  issue  on  judgment  recovered 

against  deceased  in  lifetime  5975. 
WThen  notice  of  sale  may  be  posted  instead 

of  published  5290. 
When  returnable  5283. 
When  stay  of   to  be  ordered  by  justice's 

court   pending    appeal,  when    officer   to 

relinquish  property  5793. 
Witnesses  required  to  appear'and  testify  in 

proceedings  supplementary  to  execution 

5311. 

Writ  of,  how  executed  5289. 
Execution  sale,  certificate  of  officer  conveys 

all  right  debtor  had  in  property  on  day 

execution  levied  5296,  5297. 
Certificate  of  redemption  to  be  recorded 

and  noted  by  recorder  5301. 
Duplicate    of  "certificate  to  be    filed  with 

county  recorder  5298. 

Judgment  may  be  given  and  execution  issue 
against  purchaser  refusing  to  pay  bid  5294. 


Execution  sale — continued. 

Of  personal  property  to  be  in  view  of  those 

who  attend  sale  of  real  property  at  the 

court  house  5292. 
Officer  may  reject  bid  of  person  who  has 

refused  to  pay  bid  5294. 
Personal    property    and    certificate    to    be 

delivered  to  purchaser  5296. 
Proceedings  against  party  refusing  to  pay 

bid  5294. 
Purchaser  refusing  to  pay  his  bid  liable  for 

loss  and  costs  5293. 
Purchaser  refusing  to  pay  bid  may  claim  a 

jury  5294. 
Real  estate  subject  to  redemption,  certificate 

of  sale,  what  to  state  5298. 
Redemption  of  debtor  restores  estate  to  him 

5301. 

Subsequent  redemptions,  who  entitled,  con- 
ditions, sheriff's  deed  5301. 
Time  and  conditions  of  redemption,  taxes 

5300. 
When  sheriff  or  officer  not  liable  for  more 

than  amount  bid  by  subsequent  purchaser 

5295. 

Who  are  termed  redemptioners  5299. 
Execution  sale  of  real  property,  failure  of  pur- 
chaser to    recover  possession,  revival  of 

original  judgment  for  amount  paid  by 

purchaser  with  interest  5306. 
Payment  of  redemption  money,  how  made 

5302. 
Purchaser   or    redemptioner   evicted    may 

recover  price  paid  from  judgment  cred- 
itor 5306. 
Redemption  to  be  made  in  same  kind  of 

money  specified  in  execution  5302. 
Rents  and  profits,  how  disposed  of  during 

period  for  redemption  5305. 
Waste  may  be  restrained  until  expiration 

of  redemption  period,  waste  defined  5304. 
What  papers  redemptioner  must  serve  with 

notice  5302,  5303. 

What  redemptioner  must  do  to  redeem  5303. 
Executor,  action  against  on  rejected  claim  to 

be  brought  within  thirty  days  after  notice 

5968. 

Action  for  death  by  wrongful  act  5648. 
Allegation  of  as  a  legal  conclusion,  when 

sufficient  5078. 
Action    not   to   be    maintained    on    claim 

against  estate  of  deceased  person  unless 

claim  has  been  filed  5972. 
Costs  in  action  by    or    against   executor, 

administrator  or  trustee  and  how  charge- 
able 5385. 
Duty  of  to  commence  action  to  set  aside 

fraudulent  conveyance  made  by  decedent, 

application    and   payment   of   costs    by 

creditors  6029,  6030. 
Limitation  of  action  to  recover  estate  sold 

by  or  to  set  aside  sale  4964. 
May  have  execution  issued  on  judgment  on 

death  of  party  5285. 
May  make  conveyance  under  contract  of 

decedent  6147. 

May  sue  without  joining  beneficiary  4987. 
Time  within  which  action  may  be  brought 

by  or  against  4977,  4978. 
When  may  have  execution  stayed  on  appeal 

without  giving  stay  bond  5352. 


2215 


INDEX 


Civil  practice 


Executor — continued. 

Who  is  not  qualified,  when  not  necessary 

party  to  action  6027. 
Executory  devise,  to  be  alleged  in  complaint 

in  action  for  partition  5528. 
Exempt  property,  to  be  set  apart  to  surviving 

spouse  2145. 

Exemption,  from   execution  of  benefit  from 
insurance  on  assessment  plan  1318. 

From  execution,  of  homestead  of  value  of 
$0,000  2141'. 

From  execution  of,  horses  and  property  of 
state  militia  4086. 

From  execution,  reasonable  amount  of 
property  of  debtor  to  be  (Nev.  Const. 
art.  i,  sec.  14)  213. 

Of  homestead,  does  not  extend  to  lien  21  I.!. 

( )f  homestead,  from  forced  sale  (Nev.  Const. 
art.  iv,  sec.  30)  288. 

Of  homestead,  not  allowed  surviving  spouse 
on  separate  property  2145. 

Of  homestead,  not  to  extend  to  unmarried 
person  unless  having  charge  of  certain 
kin  2145. 

Of  material  furnished  for  building  from 
attachment  or  execution  2225. 

Of  witness  from  arrest  in  civil   action  5446. 
Exemptions,  from  execution  52SS. 

Under  state  law  allowed  bankrupt  548. 
Exhibit,  when  original   or  copy  certified  by 

clerk,  may  he  hroiight   up  on  appeal  5344. 
Ex  olficio  tax  receiver,  failing  to  settle  with 

auditor,  liahilitv  in  action  for  taxes  charged 

on  roll  3650. 
Ex  parte  order,  extending  time  invalid  unless 

notice  promptly  given,  rule  xxxvi,  p.  1  l.'lu. 
Explosives,  negligent  storing  of,  liability  for 

death  or  injury  of  employee  5650. 
Express  company,  rates  may  be  fixed  by  rail- 
road commission  4555,  45<>0,  45(i2. 
Extreme  cruelty,  as  affecting  division  of  com- 
munity property  upon  decree  of  divorce 
216(5.   ' 

Is  ground  for  divorce  5838. 
Fact,  conclusions  of,  to  be  presented  by  spe- 
cial verdict  5222. 

Issue  of  arises,  how  5197. 

Issue  of,  defined  5195. 

Issue  of,  either  party  may  demand  trial  by 
jury  in  action  for  divorce  5845. 

Issue  of,  how  tried  5100. 

Issue  of,  how  tried  in  justice's  court  5765. 

Issue  of,  in  contest  of  probate  of  will,  how- 
tried  5874. 

Issue  of,  in  justice's  court,  defined  5761, 
5763. 

Issue  of,  supreme  court  may  order  trial  of 
by  jury  in  district  court  in  quo  warranto 
5681. 

Matters  of,  district  judge  not  to  charge  jury 
on  4846. 

Question  of,  fradulent  intent  is  1086. 

Question    of    in    mandamus    proceedings 

may  be  tried  by  jury  5700. 
Facts,  agreed  statement  of,  how  appeal  taken 
5341. 

Certain  entries  m  justice's  court  docket  are 
prima  facie  evidence  5801 . 

Finding  of  in  special  verdict  controls  gen- 
eral verdict  5222. 


Facts — continued. 
May  be  approved  and  settled  on  appeal  by 

supreme  court  if  judge  or  referee  refuses 

5333, 
May  be  specified  in  statement  on  appeal 

instead   of   testimony    by    question  and 

answer  5333. 
Only  pertinent   need  be  stated  in   bill  of 

exceptions  5343. 

Failure,   of    husband    to    provide    common 
necessaries  of  life,  when  ground  for  divorce 
5838. 
False  imprisonment,  action  for  may  be  brought 

within  2  years  4967. 
Farmer,  implements  and  certain  property  of 

exempt   from  execution  5288. 
Father,  when  acknowledgment  of,  makes  ille- 
gitimate child  legitimate  from  birth  5833. 
When  consent  of,  required  on  adoption  of 

child  5828. 
When   entitled  to  damages    for  death  by 

wrongful  act  5648. 
When  illegitimate  child  deemed  adopted  by 

conduct  of  5S33. 
When  may  sue  for  seduction  of  daughter 

4905. 

Federal  jurisdiction  over  certain  land  within 

state  L949-1962.     See  Federal  Jurisdiction. 

Federal  townsites,  deed  to  lot,  execution  of 

after  trial   of   adverse  claims  in   district 

court  1«J84. 

District  judge  may  enter  as  trustee  and  dis- 
pose of   lots  under  legislative  authority 

1061,  1082. 
If  adverse  claimants  for  lots,  proceedings  to 

be  certified  to  district  judge  1984.     See 

Federal  Towneites. 

Feeble-minded  persons,  when  may  be  com- 
mitted to  hospital  for  mental  diseases  221 1 . 
Fee,  for  absence  of  occupant  of  public  lands 

under  act  relating  to  possessory  actions, 

disposal  of  5853. 
Not  to  be  charged  for  administering  oath 

of  oflice  to  receiver  or  other  officer  2030. 
Of  attorney  in  action  for  damages  for  herd- 
ing or  grazing    live    stock    on    lands    of 

another  2336. 
Of  attorney  recoverable  as  costs  in  justice's 

court  5814. 
Of  attorney  recoverable  by  prevailing  party 

in  action  by  workman  caused  to  change 

place  of  employment  by  misrepresenta- 
tion 1938. 
Of  attorney  recoverable  by  prevailing  party 

under  employers'  liability  act  1923. 
Of  county  clerk  and  justice  of  the  peace  for 

services  in   proceeding  for  inspection  of 

mine  by  stockholder  2493. 
Of  county  clerk  in  proceedings  for  removal 

of  directors  or  officers  of  corporation  1182. 
Of  district  attorney  for  bringing  action  for 

arrearage  and  to  forfeit  franchise  of  toll 

road  3757. 
Of  district  attorney  in  action  for  delinquent 

taxes  1603,  3677,  3709. 
Of  district  attorney  in  action  for  percentage 

of  receipts  and  forfeiture  of  franchise  of 

toll  road  3757. 
Of  public  officer,  if  garnished  may  be  paid 

into    court   by    treasurer    or    disbursing 

officer  2865. 


Civil  practice 


INDEX 


2216 


Fee— continued. 

On    appeal    to    supreme    court,   payment 

required  before  filing,  rule  xxvi,  p.  1425. 
Owners  in,  bound  by  judgment  in  actions 

for  partition  5541. 
To   be   paid    garnishee   before    answering 

under  oath  5174. 

Fees,  and  compensation  of  county  and  town- 
ship   officers,   legislature    may    regulate 

(Nev.  Const,  art.  iv,  sec.  20)  278. 
And  costs  in  action  for  delinquent  taxes, 

when  payable,  how  entered  and  taxed 

3673. 
And  expenses  of  district  judge  for  deed  to 

lot  in  federal  townsite  1986. 
And  mileage  of  witnesses  appearing  before 

public  service  commission  4531,  4532. 
Attorney  as  witness  not  entitled  to  2038. 
Collection  of  illegal  as  ground  for  removal 

of  officer  2852. 
Court,  not  to  be  charged  for  written  return 

2041. 

Court,  on  appeal  to  supreme  court  2032. 
Court,  to  be  paid  on  appeal  from  justice's 

court  2031. 
District    court,   upon    commencement    of 

action  or  proceeding  2030. 
Duty  of  clerk  of  court  to  give  receipt  for 

upon  demand  2033. 
Elisor  entitled  to  same  as  sheriff  5498. 
Failure  to  post  table  of,  officer  liable  to  pen- 
alty, recoverable   before   justice   of   the 

peace  2025. 

Folio  defined,  filing  of  paper  includes  cer- 
tificate 2036. 
For    publication    and    filing    of    notice    in 

delinquent  tax  suit  3663. 
In  election  contest,  person  may  be  arrested 

for  receiving  1815. 
In   proceedings   for   erection   of  partition 

fences  3606. 
In  proceeding  to  obtain  right  of  way  for 

railroad  3544. 
May  be  demanded  by  witness  when  served 

with  subpena  5433' 

Mileage,  how  and  from  where  computed  2040. 
Mileage  of  constable  computed  for  actual 

distance  traveled  2040. 
Not  to  be  allowed  as  costs  for  more  than 

two  witnesses  to  same  facts  2000. 
Not  to  be  received  to  own  use  by  judicial 

officer  except  justice  of  the  peace  or  city 

recorder  (Nev.  Const,  art.  vi,  sec.  10)  325. 
Of  arbitrators  on  voluntary  submission  of 

dispute  between  employer  and  employee 

1935. 
Of  attorney,  governed  by  agreement,  lien 

for  5376. 
Of  clerk  need  not  be  included  in  cost  bill 

5387. 
Of  clerk  of  court  upon  naturalization,  half 

to  be  transmitted  2526. 
Of  clerk  of  supreme  court  2006. 
Of  clerk,  sheriff  and  witnesses    in  contest 

for  county  or  township  office,  same  as  in 

district  court  1811. 
Of  constable  in  counties   polling  over  800 

votes  2011. 
Of  constable  when  not  over  800  votes  in. 

county  1999. 
Of  coroner  when  acting  as  sheriff  2010. 


Fees— continued. 

Of  counsel,  previously  incurred,  when  not 

apportioned  in  action  for  partition  5543. 
Of  county  clerk  in  county  polling  over  800 

votes  2007. 

Of  county  surveyor  2017. 
Of  court  reporter,  when  may  be  taxed  as 

costs  4913. 

Of  court  reporter,  when  to  be  paid  by  par- 
ties 4913. 

Of  interpreters  and  translators  2016. 
Of  juror  in  civil  case  to  be  deducted  from 

amount  due  him  from  county  2013. 
Of  juror,  witness,  constable,  in  proceeding 

relating  to  apprentices  494. 
Of  jurors,  if  no  verdict,  plaintiff  to  pay  tem- 
porarily 2001. 
Of  jurors  in  counties  polling  over  425  votes 

2013. 

Of  jurors  in  justice's  court  2013. 
Of  jurors  paid  when  no  verdict  recoverable 

from  losing  party  2013. 
Of  jurors,  recoverable  as  costs  from  losing 

party  2001. 
Of  jurors,  when  not  over  450  votes  in  county 

2001. 

Of  justice  of  the  peace  and  recorder  for  act- 
ing in  relation  to  estray  animals  2282. 
Of  justice  of  the  peace  in  counties  polling 

over  800  votes  2015. 
Of  justice  of  the  peace,  when  not  over  800 

votes  in  county  2003. 
Of  notary  public  in  county  polling  800  votes 

or  less  2004. 
Of  notary  in  county  polling  over  800  votes 

2018. 
Of  officer  selling  animals  on  execution  under 

judgment  for  charges  5499. 
Of  public  officers  subject  to  attachment  and 

execution  2864. 
Of  recorders  in  counties  polling  over  800 

votes  2008. 
Of  recorders  when  not  over  800  votes  in 

county  1996. 
Of  referees  5382. 

Of  referees  in  action  for  partition  appor- 
tioned among  parties  5583. 
Of  sheriff  in  counties  polling  over  800  votes 

2009. 
Of   sheriff   when    not    over    800   votes    in 

county  1997. 
Of  witness  in  civil  case  to  be  taxed  as  costs, 

affidavit  2000,  2012. 
Of   witness    in  counties   polling  over  450 

votes  2012. 
Of  witness  may  be  demanded  in  advance 

5431. 
Of  witness  not  to  be  allowed  for  more  than 

two  witnesses  to  same  fact  2012. 
Of  witnesses  and  jurors  in  action  for  abuse 

of  apprentices  494. 
Payable  in  advance  if  demanded,  if  unpaid 

officers  may  have  execution  in  own  name 

2027. 
Per  diem  of  jurors  to  be  paid  each  day  by 

party   demanding    jujy,   recovery   from 

losing  party  2013. 
Sheriff,  constable  or  coroner  serving  more 

than  one  paper  in  same  cause  requiring 

only   one  journey  entitled  to  only   one 

mileage  2037. 


2217 


INDEX 


Civil  practice 


Fees — continued. 

Sheriff  not  liable  for  failure  to  make  service 

unless  paid  1659. 

Table  of,  to  be  posted  by  officers  2025. 
To  be  charged  only  as  provided  by  statute 

2019. 

To  be  entered  in  book  under  title  of  pro- 
ceeding and  open  to  inspection  2020. 
When  paid  garnishee  5189. 
Witness  may  demand  as  condition  before 

testifying  2000. 
Witness    need    not   testify  unless    paid    if 

demanded  2012. 
Witness,  when  not  over  450  votes  in  county 

2000. 
Fee  simple  estate,  when  may  be  taken  under 

eminent  domain  •'><><  )7. 
Fellow-servant,  damages  for  personal  injuries 

5649. 
Felony,  causing  death,  action  for  damages 

5647. 

Conviction  of  does  not  disqualify  witness, 
but  may  be  shown  to  affect  credibility 
5420. 

Conviction  of  is  ground  for  divorce  5838. 
Witness  must  answer  as  to  previous  con- 
viction .~>4.">7. 

Witness  not  required  to  answer  questions 
which  would  degrade  or  subject  him  to 
punishment  for,  except  as  to  conviction 
5437. 

Felony  cases,  supreme  court  has    appellate 

jurisdiction  (Nev.  Const,  art.  vi,  sec.  4)  319. 

Female,  name  may  be  changed  in  action  for 

divorce  :>sl  I. 
Unmarried,  when  may  sue  for  seduction 

1894. 
Feminine  gender,  included  in  the  masculine 

5475. 
Fences,  partition,  proceedings  for  erection  at 

joint  expense  3604-3608. 
Railroad    company   to   execute   bond    for 
building  of  in  proceeding  under  eminent 
domain  5619. 
Ferries,  eminent  domain  may  be  exercised 

for  5606. 

Filing  of  paper,  includes  certificate  2036. 
Final  decision,  deemed  excepted  to  5318. 
Final  judgment,  appeal  from,  of  what  trans- 
cript to  consist  5356. 
Finding,  court  may  direct  in  accordance  with 

evidence,  although  variance  5081. 
When  exception  to  must  be  taken  and  set- 
tled in  lower  court  5345. 
When  want  or  insufficiency  of  is  ground 

for  reversal  on  appeal  5345. 
Findings,   contrary    to   judgment    or    order, 

record  on  appeal  5342. 
In  juvenile  court    department    in  district 

court,  separate  entry  730. 
May  be  reported  on  reference  5230. 
Modification  of,  to  conform  to  issues  and 

evidence  5227. 

Of  fact,  may  be  wraived,  how  5228. 
Of  referee  deemed  excepted  to  5318. 
W7hen  contrary  to  judgment  or  order  appeal 
may  be  takerr*upon    certified   copy   of 
judgment  roll  5:>42. 

Fine,  action  for,  justice's  court  has  jurisdic- 
tion if  amount  does  not  exceed  $300, 
exception  5714. 


Fine — continued. 

For  contempt  540,'). 

For  refusal  to  obey  order  of  court  in  quo 
warranto  5679. 

Imposed  on  officer  on  refusal  to  obey  writ 
of  mandamus  may  be  retained  from  salary 
5707. 

Maybe  imposed  by  district  court  on  justice 
of  the  peace  for  failure  to  transmit  papers 
on  appeal  5791. 

Municipal,  district  court  has  jurisdiction  of 
cases  involving  legality  (Nev.  Const,  art. 
vi,  sec.  6)  321. 

Municipal,  in  action  involving  legality  su- 
preme court  has  appellate  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  4)  319. 

Municipal,  if  legality  of  involved  in  justice's 
court,  case  to  be  transferred  to  district 
court  for  trial  5721. 

Or  imprisonment  for  refusal  to  obey  writ 
of  mandamus  5707. 

What,  may  be  imposed  by  justice's  court 

for  contempt  579S. 
Fines,  district  attorney  to  prosecute  action  for 

recovery  1598. 
Fire,  in  case  of  property  may  be  taken  for 

public  use,  compensation  to  be  made  after- 
ward (Nev.  Const,  art.  i,  sec.  8)  237. 
Fire  insurance  company,  mutual,  action  may 

be  maintained  by  against  members  1296. 
Flue  dust,  when  eminent  domain  may  be  used 

for  disposition  of  5606. 
Flume  companies,  rates  may  be  regulated  by 

the  legislature  (Nev.  Const,  art.  iv,  sec.  20) 

278. 
Flumes,  eminent  domain  may  be  exercised 

for  5600. 

Folio,  defined  for  computing  fees  2036. 
Forcible  detainer,  defined  5587. 

Action  for,  form  of  writ  of  restitution  5605. 
Forcible  entry,  action  for,  appeal,  undertak- 
ing, stay  5601. 

Action  for,  court  not  to  quash  proceedings 
for  want  of  form  5602. 

Action  for,  district  court  has  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  6)  321. 

Action  for,  form  of  writ  of  restitution  5605. 

And  unlawful  detainer,  judgment  in  action 
for,  restitution,  rent,  treble  damages,  stay 
of  execution,  when  tenant  may  remain 
in  possession  on  payment  of  judgment 
5599. 

Arid  unlawful  detainer,  jurisdiction  in  dis- 
trict court  4840. 

And  unlawful  detainer,  under  act  concern- 
ing justice  of  the  peace  has  jurisdiction 
of  possessory  actions  5855. 

And  unlawful  detainer,  schedule  of  sections 
5585. 

Defined  5586. 

No  continuance  in  action  when  admission 
that  evidence  wrould  be  given  5598. 

Other  provisions  relative  to   civil  actions, 

appeals  and  new  trials  applicable  5603. 

Forcible  or  unlawful   entry,  treble  damages 

5508. 

Foreclosure,  court  may  enjoin  injury  to  real 
property  during  5519. 

Of  lien  2227. 

Of  mortgage,  when  receiver  may  be 
appointed  5193. 


Civil  practice 


INDEX 


2218 


Foreclosure — continued. 

Of  mortgage  on  mines,  holder  entitled  to 
recover  expenditure  made  to  prevent 
forfeiture  1091. 

Of  mortgage  or  lien,  affidavit  of  payment 
of  taxes  3756. 

Of  mortgage  or  lien,  how  surplus  money  on 
sale  paid  or  deposited  5502. 

Of  mortgage  or  lien,  only  sufficient  prop- 
erty to  be  sold  to  pay  installments  due 
and  costs,  court  may  order  more  sold  as 
amounts  become  due;  if  property  cannot 
be  sold  in  portions  more  may  be  ordered 

.  sold  5503. 

Of  mortgage,  practice-in  district  court,  refer- 
ence, service  by  publication,  rule  xxiii,  p. 
1429. 

Of  mortgage  or  lien,  sale,  land  in  two 
counties,  execution,  judgment  for  defi- 
ciency, lien  5501. 

Foreign  corporation,  action  against  for  doing 
business  without  filing  certificate  1350. 

Dismissal  of  action  upon  failure  to  give 
security  for  payment  of  costs  5391. 

May  exercise  right  of  eminent  domain  5629. 

Plaintiff,  requirement  of  security  for  costs, 
stay  of  proceedings  5389. 

Resident  agent  to  appoint  1178,  1304,5024. 
Foreigners,  who  are  bona  fide  residents,  have 

same  property  rights  as    native-born  citi- 
zens (Nev.  Const,  art.  i,  sec.  16)  245. 
Foreign   records,  how  proved   under    act  of 

Congress  528,  5411,  5412. 
Foreign  wills,  probate  of  5878,  5879. 
Forfeiture,  action  for  upon  a  statute,  when 
may  be  brought  within  2  years,  excep- 
tion 4967. 

By  public  utility,  action  for  in  name  of  State 
of  Nevada  in  district  court  4544,  4579. 

Justice's  court  has  jurisdiction,  if  amount 
does  not  exceed  $300,  exception  5714. 

Witness  not  liable  to  for  testifying  before 

public  service  commission  4536. 
Forfeitures,    district    attorney   to    prosecute 

actions  for  1598. 
Forgery,  conviction  of  excludes   from  jury, 

unless  restored  to  civil  rights  (Nev.  Const. 

art.  iv,  sec.  27)  285. 

Form  of  abstract  of  justice's  court  judgment, 
5779. 

Of  action,  only  one  in  civil  cases  4943. 

When  complaint  or  proceedings  in  contest 
for  county  or  township  office    not  to  be 
dismissed  for  want  of  1807. 
Forms,  for  use  in  proceedings  for  naturaliza- 
tion 2540. 

Foundrymen,  liens  of  2231. 
Franchise,  grantee  of,  liable  for  damages  to 
real  property  on  right  of  way  2138.     See 
Franchises. 

Nonuser  or  abuse  of  by  corporation,  judg- 
ment for  dissolution  5670. 

Of  toll  road,  action  in  quo  warranto  to 
determine  whether  forfeited  3049. 

Sale  of,  organization  of  new  corporation 
1151,  1152. 

When  may  be  taken  under  eminent  domain 

2138,  5608. 

Fraud,  action  on  ground  of  may  be  com- 
menced within  3  years  after  discovery  of 
facts  4967. 


Fraud — continued. 

Assignment,  sale  or  transfer  of  fees  or  sal- 
aries of  public  officers  void  against  attach- 
ment or  execution  2864. 

Creditor  defined  in  relation  to  sale  or  assign- 
ment of  goods  deemed  fraudulent  1079. 

Duty  of  executor  or  administrator  to  bring 
suit  to  set  aside  fraudulent  conveyance 
made  by  decedent  6029,  6030. 

For  debt  contracted  by  and  in  case  of  libel 
and  slander  there  may  be  imprisonment 
(Nev.  Const,  art.  i,  sec.  14)  243. 

Fraudulent  intent  is  question  of  fact  1086. 

Sale  by  vendor  in  possession  of  goods  with- 
out delivery  conclusive  of  1078. 

Suit,  decree,  judgment  and  other  things 
had  with  intent  to  defraud  are  void  1083. 

When  assignments  void  in  bankruptcy  pro- 
ceedings 609. 

When  ground  for  arrest  of  defendant  in 
civil  action  in  justice's  court  5744. 

When  vitiates  judgment  or  decree    as  to 

creditors  1083. 
Fraudulent  purchase  of  property,  action  to 

vacate,  receiver  may  be  appointed  5193. 
Freight,  when  common  carrier  may  sell  un- 
claimed property  to  pa}'  541. 
Freight  rates,  may  be  regulated  by  the  legis- 
lature (Nev.  Const,  art.  iv,  sec.  20)  278. 
Fumes,  when  eminent  domain  may  be  used 

for  disposition  of  5606. 
Fund,  when  receiver  may  be  appointed  to 

take  charge  of  5193. 
Funds,  of  county,  assigned  to   payment  of 

claim,  if   not   collected  within   two  years 

payable  on  other  claims,  new  demand  and 

reallowance  necessary  or  claim  barred  1536. 
Garnishee,  may  be  ordered  to  appear  before 

the  court  5170. 

Garnishment,   amendments   to    be    liberally 
allowed  in  proceedings  5190. 

Answer  of  claimant  in  garnishment  pro- 
ceedings 5180. 

Answer  of  garnishee  deemed  true  if  no 
reply  by  plaintiff  5178. 

Answer  of  garnishee,  reply  5178. 

Debts  owing  defendant  by  municipal  or 
other  corporations  may  be  garnished  5154. 

Debts  subject  to  5152,  5154,  5169. 

Different  writs  of,  with  different  names, 
may  be  issued  5172. 

Discharge  of  garnishee  does  not  bar  action 
by  defendant  5183. 

Disposal  of  property  received  by  sheriff 
from  garnishee  after  payment  or  per- 
formance 5187. 

Fees  arid  salaries  of  persons  holding  office 
or  positions  under  state,  subject  to  2864. 

Form  of  writ  5171. 

Garnishee  may  be  cited,  examined  and 
sued  5177. 

Garnishee  may  be  required  to  deliver  prop- 
erty to  sheriff  5155,  5175. 

Garnishee  may  deduct  sums  due  him  by 
either  party,  record  of  judgment,  counter- 
claim 5181". 

Garnishee  may  deliver  property  or  money, 
release,  return  5175. 

Garnishee  may  pay  indebtedness  or  deliver 
property  and  be  discharged  5180. 


2219 


INDEX 


Civil  practice 


Garnishment— continued. 
Garnishee  not  chargeable  with  costs  unless 

his  answer  is   successfully  controverted 

51?.-). 
Garnishee  to  deliver    property  to    sheriff, 

sale,  judgment  against  garnishee  5175. 
Garnishee,  to  give  memorandum  of  debts, 

credits  and  property  5150. 
Garnishee,  to  tile  ans'wer  under  oath,  fee, 

interrogatories  5174. 

Issuable  with  attachment  or  afterward  51 69. 
Judgment    acquits    garnishee  for  amounts 

paid  and  demands  51S2. 
Judgment  against  garnishee  5177. 
Judgment   against  garnishee  for  debt  not 

due,  execution  deferred  51S!. 
Judgment   against  garnishee  on  failure  to 

answer  5175. 
Judgment  when  answer  of  garnishee  and 

no  reply  5178. 
Judgment  may  be  entered  against  garniehee 

in  favor  of  plaintiff  5175. 
May  be  served   before   return    of   writ  of 

attachment  5173. 
New  matter  in  plaintiff's  reply  to  answer  of 

garnishee  deemed  denied,  trial,  judgment, 

costs  517!». 
Of  fee  or  salary  of  public  officer,  auditor, 

treasurer  or  disbursing  officer,  may  pay 

into  court  2K(>">. 
Party  refusing  to  give  memoranda  may  be 

required  to  pay  costs  of  obtaining  infor- 
mation 515<>. 
Person  owing  defendant  may  be  examined 

under  < >at  h  51 55 ,  5 1 7( >,  5171. 
Proceedings,  costs,  when  garnishee  entitled 

to  fees  5189. 
Proceedings,  may  be  had  after  judgment 

5190. 
Proceedings,  new  trials  and  appeals  allowed 

as  in  other  cases  5191. 
Property  pledged  to  garnishee  to  deliver  on 

payment  or  performance  5185,  5186. 
Schedule  of  sections  relating  to  5169. 
Service  of  complaint  and  summons  on  gar- 
nishee 5177. 

Service  of,  gives  court  jurisdiction  to  pro- 
ceed against  garnishee  5173. 
Sheriff  to  give  receipt  for  money  collected 

5157. 
Third  person  may  be  interpleaded,  notice, 

proceedings,  judgment  5180. 
When  garnishee    liable    for  contempt   for 

failure  to  deliver  5188. 
When  garnishee  may  be  released  from  lia- 
bility 5175. 
Witnesses   may   be   subpenaed    to   testify 

against  garnishee  5177. 
Writ    of,  how  served    and   returned,  alias 

writs  5172. 
Gas  company,  may  condemn  for  right  of  way 

2138. 
Gender,  masculine  includes  the  feminine  and 

neuter  5475. 
General  manager  of  corporation,  deposition 

of  may  be  taken  5454. 

Genuineness,  of  signature  to  note  or  instru- 
ment  admitted   in   justice's   court   unless 
denied  by  verified  answer  5770. 
Geological  specimens,  exempt  from  execution 
5822,  5823. 


Gold  coin,  judgment  for  damages  to  be  in 
5269. 

Gold  dust  and  bullion,  to  be  returned  as 
money  and  not  sold  under  execution  5287. 

Good  faith,  if  demurrer  in  district  court  not 
interposed  in,  defendant  to  answer  only  on 
terms  and  case  to  be  -set  for  early  trial,  rule 
viii,  p.  1427. 

"Goods,"  when  is  included  in  words  "per- 
sonal property"  and  "property"  5475. 

Governor,  liable  to  impeachment  for  misde- 
meanor or  malfeasance  (Nev.  Const,  art. 
vii,  sec.  2)  335. 

Governor,  may  direct  attorney-general  to  com- 
mence action  in  quo  warranto  5658. 

Governor,  may  direct  district  attorney  to 
bring  action  against  any  person  unlawfully 
holding  public  office  1814. 

Governor  to  appoint  successor  to  officer 
removed  for  malfeasance  285:;. 

Governor,  transmission  to  of  copy  of  judg- 
ment removing  officer  for  malfeasance  2853. 

Governor,  trial  of,  impeachment,  chief  justice 
to  preside  over  senate  (Nev.  Const,  art.  vii, 
sec.  1)  3.",!. 

Governor,  when  may  direct  district  judge  to 
hold  court  in  another  district  4844. 

Governor,  when  to  direct  bringing  of  action 
against  foreign  corporation  for  doing  busi- 
ness without  filing  certificate  1350. 

Grand  jury,  local  or  special  law  for  summon- 
ing or  impaneling  or  for  compensation, 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

<  ira/.ing,  when  action  for  possession  of  public 
lands  may  be  maintained  5849. 

Grazing  sheep  on  lands  of  another,  or  within 
one  mile  of  ranch  house,  damages  2319. 

Grounds  for  arrest  in  civil  action  5088. 
For  challenge  to  jury  for  cause  285,  5206. 

Grubstake  contracts,  for  location  of  mines 
acknowledged  and  recorded,  are  prima 
facie  evidence  2475. 

Guardian  ad  litem,  how  appointed  4993.   See 

Guardians. 
How  appointed  in  civil  action  in  justice's 

court  5726. 

May  be  appointed  when  infant,  insane  or 

incompetent  person  is  party  4992,  4993. 

When  to  give  bond,  D.  C.  rule  xxxi,  p.  1430. 

Who  may  be  appointed,  rules  xxix-xxx,  p. 

1430. 

Guardians,  ad  litem,  appointment  4992,  4993, 
572<>,  0101.  See  D.  C.  rules  xxix-xxxi,  p. 
1430. 

Guardians  for  insane  or  incompetents,  action 
by  or  against,  to  appear  by  4992,  4993. 
Appointed,  when,  bond  of  2200,  2201. 
I  Jo i  id  of  6164. 
Bond  to  secretary  of  state  for  expenses 

2201. 

Partition  of  property  5572. 
Petition  for  letters,  procedure  6162. 
Powers,  qualifications  0104. 

Guardians  for  minors,  action  by  or  against, 

appearance  by  4992,  4993,  4996,  4997. 
Action  for  seduction  of  female  ward  49j5, 

4996. 

Action  to  recover  estate  of  sold  by,  limi- 
tation 4963. 
Appointment  for  6149. 
Appointment,  order  of  0151. 


Civil  practice 


INDEX 


2220 


Guardian  for  minors — continued. 

Apprentices,  liability  for  492,  497. 

Bond,  additional,  neglect  to  give  6157,  6159. 

Bond  of,  conditions,  sureties  6155-6158. 

Consenting  to  employment  of  ward  under 
fourteen  6824. 

Custody  may  be  taken  from,  when  734. 

Death  by  wrongful  act  or  injury,  action 
for  may  bring,  when  4996,  4997. 

Deed  to  townsite  lot  made  to  1986. 

District  court,  power  to  appoint  4849. 

Divorce,  judgment  of,   how  affects  ward 
5841. 

Education  and  maintenance  6160. 

Estate  of,  application  to  6160. 

Female,  permitting  •  in  house  of  prostitu- 
tion 6445. 

Judge  to  approve  6152. 

Juvenile  court  law,   provisions  734,   735, 
738,  739,  740,  751,  752. 

Lawful  age  6154. 

Letters,  revocation  of  6158,  6159. 

Limitation   of  action   for  estate  sold   by 
4963. 

Minor  may  nominate  6151,  6152. 

Named  in  will  6150,  6161. 

Next  friend,  sue  or  defend  for  6161. 

Notice  of  petition  6150. 

Order  appointing  ulol. 

Orphans  4096. 

Parent  entitled  to  be  6153. 

Pendente  lite  6161. 

Petition  for  letters  6150. 

Powers  and  duties  of  6154. 

Railroads,  conveyance  to  by  3534. 

Removal,  procedure  6159*. 

Seduction  of,  may  bring  action  for  4995. 

Summons,  service  on  5023. 

Superintendent  of  institution  for  care  of 
may  be  735. 

Suspension,   pending   hearing  of   charges 
6159. 

Ward    under    14,    employment    unlawful, 
when  6824. 

Will,  named  in  6150. 

Guardian  for  minors,  nonresident,  applica- 
tion for  letters  6i87. 

Bond  and  qualifications  6187,  6189. 

Duties  and  powers  6188,  6189. 

Estate,  removal  of  out  of  state,  proceed- 
ings 6198-6201. 

First  granted,  exclusive  powers  6190. 

Jurisdiction  6190. 

Letters,  application  for  6187. 

Local  guardian,  executor  or  administrator 
discharged  620i. 

Nonresident  guardian  may  be  appointed 
6187. 

Powers  and  duties  6188,  6189. 

Qualifications  6189. 

Record  of   foreign   proceedings,   evidence 
6187. 

Removal  of  property  out  of  state,  proceed- 
ings 6198-6201. 

Guardians,  general  provisions,  accounts,  how 
rendered  6168. 

Accounts,  settlement  or  compounding  6167. 

Accounts,  when  may  be  required  4949. 

Action  against  sureties,  limitation  6185. 

Action  for  partition  5561-5573,  6166. 

Action  on  bond  6184. 

Account,  joint  guardians  6194. 


Guardians,  general  provisions — continued. 
Ad  litem,  how  appointed  4993,  5726,  D.  C. 

rules  xxix-xxxi,  p.  1430. 
Allegation   of   as   legal   conclusion,   when 

sufficient  5078. 
Appointment    and   duties,    juvenile   court 

law  739,  740,  751. 
Appointment,    district    judge    may    make 

4849. 

Appointment  of  successor  6181. 
Assessed  for  estate  3929. 
Bond,  action  on  within  three  years  6185. 
Bond,  additional  required  on  sale  6179. 
Bond,  form  and  filing  6184. 
Bond,  liability  on  6184. 
Bond  of  joint  guardian  6193. 
Bond,  new  required  6183. 
Conversion  or  concealing  estate  6186. 
Compensation  6191. 
Costs,  sale  proceedings  6177. 
Credit  on  sales  of  realty  6195. 
Debts,  payment  of  6165. 
Discharge  of  6182. 
Discharge  of  sureties  6183. 
District  court,  accounts  may  require  4849. 
District  court,  power  in  vacation  4850. 
Estate,  conversion  or  concealing  6186. 
Estate,  investment  of  6170-6172,  6180. 
Expenses  6191. 
Fees  of  clerk  6196. 

Fraud,  proceedings  on,  charge  of  6186. 
Income,  application  of  6166. 
Income,   insufficient,  sale  6169. 
Injury  of  ward,  may  bring  action  4995. 

4996. 

Inventory  of  estate  6168. 
Investment  of  estate,  notice,  hearing  and 

order  6180. 
Irrigation   district   may   sign   petition    to 

annex  land  to  4772. 
Joint,  account  of  6194. 
Joint,  bond  of  6193. 
Joint  guardianship  6192-6194. 
Justice's   court,   general   may   appear    in, 

may  appoint  ad  litem,  when  5726. 
Legal  proceedings  6167. 
Limitations,  action  against  sureties  6185. 
Management  of  estate  6160. 
Mortgage  of  property  6165. 
New  bond  required  6183. 
Notice  of  petition  to  sell  estate  6173,  6178. 

7174. 
Objections  to  sale  of  estate,  hearing  on 

6175. 

Order  for  investment  6180. 
Order  of  sale  of  estate  6178. 
Partition,  may  consent  to  5573. 
Partition,   not  to  be   interested   in   5561. 
Partition  of  property  6166. 
Partition,  sale,  security  may  be  taken  on 

5555. 

Partition,  to  receive  share  of  insane  per- 
son 5572. 

Payment  of  debts  6165. 
Petition  for  order  of  sale  6173. 
Procedure  for  sale  of  estate  6173-6178. 
Proceeds  of  sale,  application  of  6170-6172. 
Railroads,  conveyance  to  3534. 
Removal  of  6181. 
Resignation  of  6181. 
Sale  for  investment  6170. 
Sale  of  estate,  procedure  for  6173-6178. 


2221 


INDEX 


Civil  practice 


Guardians,  general  provisions — continued. 

Sale  on  partition,  security  may  take  5555. 

Sale  of  property  6165,  6166,  6169. 

Sales  of  realty,  credit  6195. 

Sale,  proceeds,  application  of  6171,  6172. 

Successor  to,  appointment  6181. 

Sureties,  discharge  of  6183. 

Townsite  lot,  application  for  deed  made 
to  1983,  1986. 

Two  or  more  appointed  6192. 

Ward  may  be  removed  from  custody  of 
734. 

Waste  may  he  sued  for,  treble  damages 
5505. 

Will,  guardian  named  in  6150.  6161. 
Guardians,  schedule  of  sections  6149. 
Guardians,  special,  may  be  appointed  by  dis- 
trict .judge  in  vacation  4850. 
Habeas  corpus,   schedule  of  sections  6226. 
See  Habeas  Corpus. 

Supreme  court  and  justice  thereof  may 
issue,  supreme  court  empowered  to  issue 
\vrit(Nev.  Const,  art.  vi.  sec.  4) .".19,4834. 

Supreme  court  or  justice  thereof  may 
make  returnable  before  district  court 
or  judge  iu  any  part  of  the  state  4834. 

Writ  of.  district  court  or  jmlire  may  issue 
(Xev.  Const,  art  vi.  sec.  6»  321,  4840. 

Writ  of.  justice  of  the  supreme  court  may 
issue  to  any  part  .if  the  slate  return- 
able before  himself,  the  supreme  court 
or  district  court  or  judge  (Nev.  Const, 
art.  vi.  sec.  4)  319. 

Writ  of.  shall  not  he  suspended  unless 
public  safety  require  in  case  of  rebellion 
or  invasion  (Xev.  Const,  art  i.  sec.  5) 
234. 

Habitual    drunkard,   consent   of  parent   ad- 
judged guilty  of  being,  when  not  required 

on  adoption  of  child  r.si's. 
Habitual   gross   drunkenness,    when   ground 

for  divorce  5838. 
Handwriting,  when  evidence  of  maybe  taken 

by  officer  taking  acknowledgment  1031. 
Hearing,  in  mandamus  proceedings  5698. 

On  writs  of  mandamus,  certiorari  and 
prohibition  may  be  set  for  any  time 
5711. 

Under  writ  of  certiorari  5691. 
Hearings,  when  any  district  judge  has  en- 
tered upon  trial  or  bearing  or  made  rul- 
ing no   other  judge  to   act   unless   upon 

written  request,  rule  xl,  p.  1431. 
Heir,  bound  by  judgment  in  action  for  par- 
tition 5541. 

A  Fay  sue  for  death  of  adult  4887. 

Unknown  may  be  made  party  in  action 
regarding  real  property  5009,  5010. 

Unknown,  service  of  summons  by  publi- 
cation 5028. 

When  entitled  to  damages  for  death  by 

wrongful  act  5648. 

Highway,  action  may  be  brought  by  party 
aggrieved  to  set  aside  damages  awarded 
by  viewers  on  opening  3015. 

Condemnation  of  property  for,  viewers, 
damages,  appeal  to  district  court  3008. 

Measure  of  damages   for  cutting   timber 

for  repair  5507. 
Highways,  local  or  special  laws  for  vacating 

are  invalid  (Xev.  Const,  art.   iv.  sec.  20) 

278. 

.140 


High  crime,  conviction  excludes  from  jury 

unless  restored  to  civil  rights  (Nev.  Const. 

art.  iv.  sec.  27)  285. 
Holographic  wills  6223,  6225. 
Homestead,  decree  setting  apart  6111.     See 
Homesteads. 

Descent  to  heirs  2145. 

Excess  of  value  over  $5,000  may  be  sold 
under  execution,  partition  2144. 

Exempt  from  execution  5288. 

Exemption  does  not  extend  to  lien  2143. 

Exemption  not  allowed  surviving  spouse 
on  separate  property  2145. 

Exemption  not  to  extend  to  unmarried 
person  unless  having  care  of  certain 
kin  2145. 

Liable  for  purchase  money,  taxes,  im- 
provements or  lien  given  by  consent  of 
husband  and  wife  (Nev.  Const,  art.  iv, 
B6C.  30)  288. 

Litigation,  existing  rights  not  affected  2145. 

X'ot  affected  by  preferred  claim  for  wages 
5484. 

Not  to  be  alienated  without  joint  consent 
of  husband  and  wife  and  to  be  exempt 
from  forced  sale,  when  (Nev.  Const,  art. 
iv.  sec.  30)  288. 

Owner  may  obtain  order  of  court  to  con- 
vey if  wife  insane,  disposition  of  pro- 
ceeds 2146,  -i47. 

Selection   of  2142. 

Taxes,  when  not  exempt  from  sale  for 
i  Xev.  Const.  288)  2149. 

To  value  of  $5,o<to  exempt  from  execu- 
tion 2142. 

When  to  be  set  apart  for  use  of  widow 

and  minor  heirs  2165,  r?.).")?. 
Hotel,  when  and  how  baggage  left  at  may 

be  sold  LM53. 

Husband.     See  Crimes.   Divorce,   Marriage, 
Husband  and  Wife. 

Imprisonment  or  adultery  of,  what  dis- 
position may  be  made  of  property  in 
action  for  divorce  5843. 

Insane,  wife  as  witness,  when  consent 
unnecessary  5422. 

May  apply  for  lot  in  federal  townsite  for 
benefit  of  wife  1983. 

May  be  ordered  to  pay  alimony  pendente 
lite  and  direction  made  for  application 
of  property  5843. 

Neglect  of  to  provide  common  necessaries 
of  life,  when  ground  for  divorce  5838. 

Not  lawfully  separated  from  wife  cannot 
adopt  child  without  consent  of  wife 
5827. 

Not  responsible  for  debts  of  wife  as  sole 
trader  2194. 

Not  to  superintend  business  of  wife  when 
sole  trader  2192. 

Party  to  action  4989,  4991 . 

Separate  property  of  not  liable  for  debts 
of  wife  contracted  before  marriage  2170. 

When  cannot  be  witness  against  wife  5424; 
in  criminal  cases  7452. 

When  deserted  by  wife  may  prosecute  or 
defend  action  in  her  name  4991. 

When  entitled  to  damages  for  death  of 
wife  by  wrongful  act  5648. 

When  must  be  joined  as  party  with  wife 
4989. 


Civil  practice 


INDEX 


2222 


Husband — continued. 

'When  not  liable  for  support  of  wife  when 
she  abandons  him  2177. 

When  not  responsible  for  debts,  except 
2194. 

When  reasonable  value  of  necessaries  fur- 
nished wife  maybe  recovered  from  2176. 

When   wife  may  be  required  to  support 

2178. 

Husband  and  wife,  age  and  requirements  on 
adoption  of  children  5825. 

Community  property,  how  divided  upon 
decree  of  divorce  2160. 

Debts  of  wife  contracted  before  marriage 
2170. 

Earnings  of  wife  not  liable  for  debts  of 
husband  2167. 

Homestead  not  to  be  alienated  without 
joint  consent  (Nev.  Const,  art.  iv,  sec. 
30)  288. 

Necessaries  furnished  wife,  husband  bound 
2176. 

Property  subject  to  debts  of  husband  2165. 

Sole  trader,  responsible  for  maintenance 
of  children  2193. 

Sole  trader,  rights  and  liabilities  2192. 

Statute  of  limitations,  effect  on  married 
woman  -J76. 

Support  of  husband  by  wife,  when  2177, 
2178. 

Townsite  lots,  when  married  woman  may 
make  application  1983. 

When  either  may  defend  if  sued  together 
4990. 

Wife  living  separate  from  husband  may 
sue  and  be  sued  alone  2179. 

Wife's  separate  property  not  liable  for 
debts  of  husband  2171. 

Witness  for  or  against  each  other  5424, 

7452. 
Idiots,  when  and  how  may  be  committed  to 

hospital  for  mental  diseases  2211. 
Illegitimate  child,  action  to  determine  pater- 
nity 765. 

Heirs  of  6118. 

Inheritance  of  5833,  6117,  6118. 

Judgment  that  putative  father  stand 
charged  with  maintenance  of,  refusal 
to  obey  contempt  766. 

When    deemed    adopted    by    conduct    of 

father  5833. 
Immunity  of  witness  in  court  granted,  when 

4565. 

Impeachment,  assembly  shall  have  sole 
power  of,  concurrence  of  majority  of 
all  members  necessary  (Nev.  Const,  art. 
vii,  sec.  1)  334. 

Governor,  state  and  judicial  officers,  ex- 
cept justice  of  peace,  liable  to  for  mis- 
demeanor or  malfeasance  (Nev.  Const, 
art  vii,  sec.  2)  335. 

Judgment  not  to  extend  further  than  re- 
moval from  office  and  disqualification 
to  hold  office  335. 

Of  governor  or  lieutenant-governor,  trial, 
chief  justice  to  preside  over  senate 
(Nev.  Const,  art.  vii.  sec.  1)  334. 

Schedule  of  sections  relating  to  6878.  See 
Impeachment  and  references  thereto. 

Trial  by  senate,  oath  of  senators,  concur- 
rence of  two-thirds  elected  necessary 
(Nev.  Const,  art.  vii,  sec.  1)  334. 


Impeachment — continued. 
Impost,    district   court    has   jurisdiction   of 
cases  involving  legality  (Nev.  Const,  art. 
vi.  sec.  6)  321. 

If  legality  of  involved  in  justice's  court, 
case  to  be  transferred  to  district  court 
for  trial  5721. 

Improvements,   made   in   good   faith,   value 
allowed  as  offset  to  damages  in  action 
for  recovery  of  real  property  5517. 
Required    by    claimant    of    possession    of 

public  lands  5852. 

Incompetent  person,  as  party,  how  guardian 
ad  litem  appointed  in  civil  action  in  jus- 
tice's court  5726. 
Guardian  for  6162-6186. 
Incumbrance,  action  to  restore  lost  record  of 

5632. 

Incumbrances,  subject  to  lis  pendens  5021. 
Indebtedness,  or  liability 'of  corporation  or 
person  to  state,  county  or  municipality, 
local  or  special  law  for  release  of,  invalid 
(Nev.  Const,  art.  iv,  sec.  20)  278. 
Indemnity,  no  bar  or  defense  to  action  for 

death  or  personal  injury  5652. 
Of  owner  by  contractor  under  employers' 

liability  act  1915,  1924. 
Index,  to  docket  in  justice's  court  required 

to  be  kept  5802. 

Indictment,  for  contemptuous  conduct,  sen- 
tence 5405. 
Indigent,  of    another   county,  when    county 

may  recover  for  relief  furnished  2922. 
Indigent  insane,  district  judge  to  cause  to  be 
conveyed  to  asylum  at  expense  of  state 
2204. 

If  property  exhausted  district  judge  to  cer- 
tify to  secretary  of  state,  who  shall  order 
insane  person  transferred  to  indigent  list 
2201. 
Indorser   of  negotiable  instrument,  liability 

2614,  2615. 
Infamous  crime,  conviction  of  is  ground  for 

divorce  5838. 

Infant,   as    party,  how    guardian    ad    litem 
appointed  in  civil  action  in  justice's  court 
5726. 
Must  appear  in  action  by  general  guardian 

or  guardian  ad  litem  4992. 
Not  required  to  give  compensation  in  case 

of  unequal  partition  5570. 
Share    of   paid   to  guardian  in  action  for 

partition  5571. 

Under    14    years   of   age    may    apply    for 
appointment  of  guardian  ad  litem  in  civil 
action  in  justice's  court  5726. 
When  may  apply  for  appointment  of  guard- 
ian ad  litem  4993. 
Who  may  be  appointed  guardian  ad  litem, 

rules  xxlx  and  xxx,  p.  1430. 
Informal  verdict,  procedure  to  cure  5219. 
Inheritance,  child  adopted,  entitled  to  5826, 

5829. 

General  provisions  6116,  6119,  6140,  6141. 
Injunction,  action  to   enjoin    shipment    and 

selling  of  ores  2489. 
Bond  may  be  given  to  prevent  dissolution 

5146. 

Court  may  enjoin  injury  to  real  property 
during  foreclosure  or  after  execution  sale 
5519. 


2223 


INDEX 


Civil  practice 


Injunction— continued. 

Court  or  judge  may  order  hearing  before 
granting  5141. 

Defined,  how  may  be  granted  5136. 

Dissolved  when  sureties  fail  to  justify  5140. 

District  court  may  order  against  proceed- 
ings of  bank  examiner  675. 

District  court  or  judge  may  issue  4840. 

Exception  and  justification  to  sureties  on 
undertaking  5140. 

Granted  without  notice,  how  defendant  may 
apply  to  dissolve  5143. 

Hearing  of  application,  affidavits,  evidence 
6141. 

In  actions  regarding  real  property,  venue 
5011. 

In  lieu  of  granting  court  may  require  oppos- 
ing party  to  give  bond  for  payment  of 
damages  regarding  use  of  mine  or  irriga- 
tion of  land  5145. 

In  what  cases  may  be  granted  5137. 

May  be  dissolved  if  plaintiff  is  injuring 
defendant  or  property  5146. 

May  be  granted  or  continued  upon  failure 
of  opposing  party  to  give  bond  5145. 

Motion  to  dissolve  or  modify,  notice,  hear- 
ing 514)>. 

Not  allowed  after  answer  except  on  notice 
5189. 

Not  to  issue  to  compel  service  by  employee 
1930. 

Orders  of  public  service  commission  may 
be  enforced  by  1515. 

Tarty  may  lie  punished  for  contempt  as  in 
case  of  for  removing  ore  pending  continu- 
ance of  trial  51*1).'!. 

Railroad  commission  may  enforce  orders 
by  45s:;. 

Retraining  corporation  from  exercising  its 
powers  or  doing  business  1195. 

Restraining  order  on  issuance  of  writ  of 
certiorari  5i;s7. 

Schedule  of  sections  5136. 

Service  of  order  fixing  time  for  hearing 
application  5141. 

Staying  order  of  public  service  commission 
not  to  issue  until  after  hearing  and  notice 
4540  (a). 

Supreme  court  may  prescribe  rules  regard- 
ing applications 'for  motions  to  dissolve 
5144. 

Time  for  appealing  from  order  granting  or 
refusing  5329. 

To  suspend  business  of  corporation,  notice, 
exception,  when  state  a  party  5142. 

Undertaking  required  upon,  exceptions, 
5140. 

Waiver  of  objection  to  sureties  by  failure  to 
except  to  sufficiency  5140. 

When  may  be  granted  upon  verified  com- 
plaint or  affidavit  5138. 

When  may  be  refused,  dissolved  or  modi- 
fied 5145. 

When  to  be  served  with  copy  of  verified 
complaint  or  affidavit  5138. 

Writ  of,  district  court  or  judge  may  issue 

(Nev.  Const,  art.  vi,  sec.  6)  321. 
Injury,  damages  may  be  recovered  in  action 

at  law  regardless  of  emplovers'  liability  act 

1925. 


Inquiry  into  sanity  of  person  accused  of  crime, 

schedule  of  sections  7385.    See  Crimes  and 

Punishments,  and  other  references. 
Insane,  guardian  or  trustee  of,  may  apply  for 
lot  in  federal  townsite  1983. 

In  absence  of  district  judge  county  clerk 
may  commit  to  asylum  2210. 

Indigent,  district  judge  to  cause  to  be  con- 
veyed to  asylum  at  expense  of  state  2204. 

Order  of  district  judge  for  payment  of  ex- 
penses for  from  property  or  by  kindred 
2200. 

Or  incompetent  person,  must  appear  in 
action  by  general  guardian  or  guardian 
ad  litem  4992. 

When    idiots    and    feeble-minded   persons 
may  be  committed  to  hospital  for  mental 
diseases  2211. 
Insane  husband  or  wife,  other  as  witness, 

when  consent  unnecessary  5422. 
Insane  person,  accused  of  crime,  schedule  of 
sections  relating  to  7385.    See  Crimes  and 
Punishments,  and  other  references. 

Action  for  annulment  of  marriage  2357. 

As  party,  how  guardian  ad  litem  appointed 
in  civil  action  in  justice's  court  5726. 

Cannot  be  witness  5423. 

Estate  of,  district  court  has  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  6)  321. 

Guardian  of  to  give  bond  for  payment  of 
expenses  in  advance  to  secretary  of  state 
2201. 

How  examined  and  committed  2204. 

If  property  exhausted  district  judge  may 
certifv  to  secretary  of  state,  who  shall 
transfer  insane  person  to  indigent  list 
2201. 

Kindred  may  be  ordered  by  district  judge 
to  pay  charges  for,  and  order  becomes 
lien  against  property  of  kindred  2200. 

Marriage,  recovery,  when  marriage  not  to 
be  annulled  2356. 

Share  of,  in  action  for  partition  to  be 
received  by  guardian  5572. 

When  deed  to  lot  in  federal  townsite  to  be 

made  to  guardian  or  trustee  1986. 
Inscription,  of  court  seal  4876. 
Insolvent  bank,  when  deemed  629.   See  Banks 

and  Banking. 

Insolvent  corporation,  compensation  of  re- 
ceiver 1199. 

Dissolution  of  1190-1199. 

When   court   may   order   receiver   to   sell 

deteriorating  property  of  1198. 
Inspection,  of  written  instrument,  if  denied 
execution  not  admitted  5063. 

Of  written  instrument,  order  for  in  justice's 
court  5769. 

Or  admission  of  writings  5416-5418. 
Installments,  debt   payable   in,  secured   by 

mortgage  or  lien,  when  property   may  be 

sold  to  pay  installments  before  due  5503. 
Instructions",  demand  may  be  made  for  giv- 
ing jury  before  argument  begins  5210. 

Further,  may  be  given  to  jury  5215. 

If  erroneous,  motion  for  new  trial  must  be 
made  before  appeal  5328. 

Judge  shall  not  charge  jury  in  respect  to 
matters  of  fact,  but  may  state  testimony 
and  declare  the  law  (Nev.  Const,  art.  vii, 
sec.  12)  327. 


Civil  practice 


INDEX 


2224 


Instructions— continued. 

May  be  given  to  jury  on  non  judicial  days  4870. 
To  'jury  5210. 

To  jury,  for  finding  special  verdict  5222. 
To  jury,  further  may  be  given  if  they  become 

necessary   by  reason    of  the  argument, 

rule  xl,  p.  1431. 
To  jury,  to  be  in  writing  5212. 
When  to  be  submitted,  settled  and  given  in 

district  court,  rule  xl,  p.  1431. 
Instrument,  affecting  real  property  or  copy, 

when  may  be  read  in  evidence  5414. 
Copy  of,  as  complaint  in  justice's  court  5736. 
Invalid,  local  or  special  law  giving  effect  to, 

invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 
Judgment  for  execution  of  not  stayed  unless 

instrument  executed  and  deposited  with 

clerk  5350. 
Or  copy  affecting  real  property,  when  may 

be  read  in  evidence  5414. 
When  justice's  court  may  make  order  for 

inspection  of  5769. 
Written,  when  admitted  in  justice's  court 

unless  denied  by  verified  answer  5770. 
Instruments,  in  office  of  county  recorder,  im- 
part notice,  certified  copies  may  be  read  in 
evidence  1094. 
Insular  possession,  when  included  in  words 

"United  States"  5475. 
Insurance,  life,  when  exempt  from  execution 

5288. 
No  bar  or  defense  to  action  for  death  or 

personal  injury  5652. 
On    assessment   plan,    benefit    not   to    be 

attached  or  seized  1318. 
Insurers,  may  be  joined  in  action  for  a  loss 

under  different  policies  5002. 
Interest,  and  costs,  must  be  included  by  clerk 

in  judgment  and  docket  5388. 
And  money  2497-2501. 
Judgment  to  draw  7  per  cent  per  annum  if 

no  other  rate  provided  5271. 
Legal  rate,  when  not  otherwise  fixed  6470. 
To  be  included  in  judgment  5278. 
WThen  allowed  on  disbursements  in  action 

for  partition  5546. 
When  may  be  rebated  if  property  sold  on 

foreclosure  to  pay  installments  not  due 

5503. 
Interlocutory    order,   deemed     excepted    to 

5318. 
Interpleader,  third  person  may  be  brought 

in  in  garnishment  proceedings  5180. 
Interpreter,  may  be  summoned  and  sworn, 

contempt  5430. 
Interpreters  and   translators,   fees    of   2013, 

2016. 

Interrogatories,  and  cross-interrogatories,  set- 
tlement or  waiver  on  application  for  tak- 
ing deposition  in  district  court,  rule  xv, 

p.  1428. 

For  taking  deposition  out  of  state  5460. 
Objection  to   form   of,  in  testimony  taken 

for  perpetuation,  when  may  be  made  at 

examination  and  before  trial  5470. 
To  be  put  to  garnishee  5174. 
Intervention,  complaint  and  pleadings  5006. 
When  costs  to  be  paid  by  intervener  5006. 
Who  may  intervene  as  parties  5006. 
Invalid  deed,  local  or  special  law  giving  effect 
to,  invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 


Invalid  instrument,  local  or  special  law  giv- 
ing effect  to,  invalid  (Nev.  Const,  art.  iv,  sec. 
20)  278. 

Invalid  will,  local  or  special  law  giving  effect 
to,  invalid  (Nev.  Const,  art.  iv,  sec.  20,  as 
amended,  1889)  278. 
Inventories  and  accounts,  district  judge  may 

receive  in  vacation  4850. 
Inventory,  estate  of  deceased  persons  5942- 

5949. 
Of   separate    property   of   wife   filed  with 

county  recorder  is  notice  of  title  2158. 
Verified',  to  be  filed  by  trustee  with  clerk  on 

dissolution  of  corporation  in   quo  war- 

ranto  5676. 
Irregularity,  not  affecting  substantial  rights 

not  ground  for  dismissal  of  appeal  5358. 
Irrigable  lands,  on  application  for  injunction 
court  may  require  opposing  party  to  give 
bond  for  payment  of  damages  5145. 
Irrigation,  eminent  domain  may  be  used  for 

purposes  of  5606. 

Issue,  either  party  may  bring  to  trial  5201. 
In  action  for  unlawful  detainer  to  be  tried 

by  jury  5594. 
Of  fact,  arises  how  5197. 
Of  fact,  how  tried  5199. 
Of  fact,  how  tried  in  justice's  court  5765. 
Of  fact,  in  contest  of  probate  of  will,  how 

tried  5874. 
Of  fact,  in  estate  to  be  determined  as  in 

common-law  action  6109. 
Of  fact,  not  shown  by  the  pleadings,  when 

may  be  tried  by  jury  4945. 
Of  fact,  party  may  demand  trial  of  by  iury 

in  action  for  divorce  5845. 
Of  fact,  supreme  court  may  order  trial  of  by 

jury  in  district  court  in  quo  warranto  5681 . 
Of    fact,   when    special   verdict    may   be 

rendered  5222. 

Of  law  and  fact  defined  5195. 
Of  law,  arises  upon  demurrer,  when  5196. 
Of  law,  how  tried  5198. 
Of  law,  in  justice's  court  must  be  tried  by 

court  5764. 
Of  law  or  motion,  in  district  court,  when 

may  be  heard  orally  at  any  place  in  state 

or  submitted  on  briefs,  rule  vii,  p.  1426. 
Of  law,  to  be  first  disposed  of  5199. 
Reference  may  be  ordered  for  accounting 

5229,5231. 
Regarding  title  to  real  property  or  legality 

of  tax,  impost,  assessment,  toll  or  muni- 
cipal fine  not  to  be  tried  in  justice's  court, 

transfer  of  from  justice's  court  to  district 

court  5721. 
Issues,  how  tried  when  parties  in  action  on 

joint  contract   are  not  summoned  until 

after  judgment  5248. 
In  civil  action  in  justice's  court,  disposition 

of  5756. 

May  be  tried  on  reference  5230,  52,31. 
May  be  tried  with  or  without  jury  in  chan- 
cery cases  5229. 
Mode  of  trial  and  postponement,  schedule 

of  sections  5195. 
Of  law  and  fact  in  justice's  court  defined 

5761-5763. 

Jail,  house  deemed  in  which  sheriff,  or  other 
party  in  action  with  sheriff,  confined  232, 
1646,  1762,  5497,  7603. 


2225 


INDEX 


Civil  practice 


Jeweler,  when  may  sell  unclaimed  property 

to  pay  charges  5:50. 
Joinder  of  causes  of  action  6039. 
Joint  debtors,  how  released  from  proportion, 
cl'i'ect  of  release  5S16. 

( >rder  for  proper  credit  and  release  of  from 
liability  to  be  made  by  judge  or  justice 
5848. 

Released  of  his  proportion   not  necessary 

party  to  action  -\S47. 

Joint  property,  liable  for  satisfaction  of  judg- 
ment on  joint  contract  52S2. 

Liable  on  execution  if  part  of  defendants 

jointly  liable  are  served  50:51. 
Joint  tenants,  may  bring  actions  for  partition 

6627. 

Judge,  before  removal  from  office  by  legisla- 
ture shall  have  opportunity  to  be  heard 
in  person  or  by  counsel  (Nev.  Const,  art. 
vii,  sec.  3)  336. 

Compensation  of  court  fee  to  be  advanced 
to  clerk  and  applied  on  (Nev.  Const,  art. 
vi,  sec.  Hi)  :>:;!. 

District,  may  issue  writ  of  certiorari  5i;xi. 

District,  may  issue  writ  of  mtndamas5695. 

District,  when  any  shall  have  entered  upon 
trial  or  hearing  or  made  ruling  no  other 
judge  to  act  unless  upon  written  request 
rule  xli,  p.  1431. 

Kxcrpt  justice  of  the  peace  or  city  recorder 
not  to  receive  fees  to  his  own  use  (Nev. 
Const,  art.  vi,  sec.  10)  :!25. 

For  reasonable  cause  may  be  removed  on 
two-thirds  vote  of  members  elected  to 
each  branch  of  the  legislature  (Nev. 
Const,  art.  vii,  sec.  :ii  :'.::»'>. 

How  to  issue  subpena  requiring  attendance 
out  of  court  ")4:;i'. 

Insolent  behavior  toward,  is  contempt  •">:;'.  i  I . 

Liable  to  impeachment  for  misdemeanor  or 
malfeasance  (Nev.  Const,  art.  vii,  sec.  2) 
336. 

May  administer  oath  or  affirmation  5483. 

May  be  called  as  witness  5429. 

May  correct  statement  on  appeal  r>:  ;:;:>. 

May  extend  time  for  filing  statement  and 
papers  on  appeal  5336. 

May  fix  amount  of  undertaking  to  stay  exe- 
cution of  judgment  pending  appeal  5351. 

May  make  and  enforce  order  for  production 
o~f  child  in  action  for  divorce  5840. 

May  make  order  for  service  of  subpena  on 
concealed  witness  5434. 

May  order  action  dismissed  for  failure  of 
nonresident  or  foreign  corporation  as 
plaintiff  to  give  security  for  payment  of 
costs  5391. 

May  order  deposition  taken  out  of  state  5459. 

May  order  hearing  before  granting  injunc- 
tion 514*1 . 

May  order  injunction  5136. 

May  order  motion  transferred  for  hearing 
before  another  judge  5365. 

May  order  property  attached  to  be  sold  5158. 

May  order  property  to  be  applied  on  exe- 
cution in  supplementary  proceedings5312. 

May  order  survey  of  real  property  5512, 5513. 

May  shorten  time  for  notice  for  taking  dep- 
osition in  state  5455. 

May  shorten  time  for  notice  of  motion  5364. 

May  summon  interpreter,  contempt  5430. 


Judge — continued. 

May  take  affidavit  to  be  used  in  this  state 
5460. 

May  take  deposition  of  witness  on  continu- 
ance 520,'). 

May  vacate  or  modify  order  made  without 
notice  532(5 . 

Not  properly  allowing  exception,  same  may 
be  proved  before  supreme  court  5316. 

Not  to  charge  jury  in  respect  to  matters  of 
fact,  but  may  state  testimony  and  declare 
the  law  (Nev.  Const,  art.  vi,  sec.  12)  327. 

Of  court  of  record  having  seal  in  foreign 
country  may  take  affidavit  5452,  5453. 

Of  court  of  record  having  seal  may  take 
affidavits  and  depositions  in  other  state 
or  territory  5451,  5 \'->:\. 

Or  court  may  settle  cost  bill  at  chambers 
6887. 

Or  court  to  make  order  for  notice  to  show 
cause  on  application  for  underground 
survey  of  mine  551  1 . 

Or  justice  of  the  peace,  not  to  have  partner 
acting  as  attorney  IS67. 

Out  of  state  may  take  deposition  5459. 

Power  of  in  proceedings  under  eminent 
domain  561  I. 

Refusal  of  to  settle  statement  on  appeal  in 
accordance  with  facts,  same  may  be  set- 
tled by  supreme  court  5333. 

Shall  direct  bail  in  contempt  proceedings 
5388. 

To  annex  examination  to  undertaking  on 
justification  of  bail  in  civil  action  5105. 

To  be  served  with  complaint  on  proceed- 
ings before  legislature  for  removal  from 
office  (Nev.  Const,  art.  vii,  sec.  3)  336. 

To  decide  before  end  of  term  and  may  per- 
form certain  acts  after  term  expires  5489. 

To  designate  and  give  notice  of  time  for 
settlement  of  statement  on  appeal  5331. 

To  fix  amount  of  bond  to  stay  execution 
on  appeal  from  judgment  or  order  direct- 
ing sale  or  delivery  of  property  5351. 

To  make  order  for  taking  testimony  for 
perpetuation  5466. 

To  order  proper  credit  on  judgment  on 
release  of  joint  debtor  5848. 

To  sign  bill  of  exceptions  at  time  of  making 
decision  or  order  5343. 

To  take  testimony  for  perpetuation  5467. 

Vacancy  in  office  of  not  to  affect  action  4884. 

When  disqualified  to  act  4865. 

When  "justice"  to  be  substituted  for  in  sec- 
tions relating  to  attachment  5752. 

When  may  appoint  receiver  5193. 

When  may  settle  statement  on  appeal  before 
or  after  his  term  of  office  5334. 

When  not  to  act  as  attorney  4866. 

When  to  settle  exceptions  for  want  or  insuf- 
ficiency of  finding  5345. 

Judges,  and  clerks  of  supreme  and  distfict 
courts  may  take  acknowledgments  and 
affidavits  4883. 

District  court,  two  or  more  in  one  district 
may  adopt  rules  for  division  or  disposal 
of  business,  rule  xli,  p.  1431. 
Judgment,  according  to  fact  if  plaintiff's  right 
terminates  during  pendency  of  action  for 
recovery  of  real  property,  damages  for 
withholding  5516. 


Civil  practice 


INDEX 


2226 


Judgment— continued. 

Acquits  garnishee  for  amounts  paid  and 
demands  5182. 

Action  upon  can  be  commenced  within  six 
years  4967. 

Action  to  restore  lost  record  of  5632. 

Affidavit  for  restoration  of  record  of,  what 
to  state  5641. 

After  demurrer  overruled  and  failure  to 
answer  in  justice's  court  5755. 

Against  claimant  in  garnishment  proceed- 
ings 5180. 

Against  closed  bank,  when  execution  not 
to  be  issued  671. 

Against  corporation  for  dissolution  or 
restraint  5660. 

Against  defendant  arrested  in  civil  action 
to  remain  in  force  against  in  estate  5121. 

Against  deceased  in  lifetime,  when  execu- 
tion not  to  issue  against  estate  5975. 

Against  estate  of  deceased  person,  certified 
copy  to  be  filed  5974. 

Against  garnishee  5175,  5177. 

Against  garnishee  for  debt  not  due,  execu- 
tion deferred  5184. 

Against  garnishee  on  failure  to  answer  5175. 

Against  parties  in  action  on  joint  contract, 
when  not  summoned  until  after  5248. 

Against  state,  controller  to  draw  warrant  for 
amount  of  on  presentation  of  certified 
copy  5655. 

Against  surety  on  official  bond,  when  to  pay 
only  for  his  proportion  and  costs  2886. 

Against  unknown  heirs,  plaintiff  to  file  affi- 
davit that  he  is  without  information  5029. 

Alias  process  may  issue  for  restoration  of 
possession  of  land  after  conviction  of  con- 
tempt for  reentry  5394,  5395. 

Amount  to  be  computed  in  dollars  and 
cents  5271. 

And  judgment  lien  in  action  for  delinquent 
taxes  3665. 

Appeal  allowed  from,  in  garnishment  pro- 
ceedings 5191. 

Appeal  from,  and  from  order  denying  new 
trial,  one  statement  for  both  and  what  to 
contain  5332,  5333. 

Appeal  from  final,  transcript,  of  what  to 
consist  5356. 

Appeal  from,  when  testimony  to  be  reduced 
to  narrative  form  in  statement  or  amend- 
ments to  proposed  statement  and  when 
complete  transcript  may  be  furnished 
5333. 

Appeal  may  be  taken  on  bill  of  exceptions 
settled  at  time  of  making  decision,  order 
or  ruling  5343. 

Appealed  from,  may  be  reversed,  affirmed 
or  modified  5359. 

Award  of  arbitrators  may  be  enforced  as  5257. 

Binding  on  unknown  heirs  served  by  pub- 
'  lication  5028,  5029. 

Binding  on  unknown  parties  served  by  pub- 
lication SO.'JO. 

Binds  joint  property  of  members  of  asso- 
ciation 5007. 

Binds  subtenant  entering  after  commence- 
ment of  action  for  unlawful  detainer  5592. 

By  confession,  may  be  entered  in  justice's 
court  5771. 


Judgment — continued. 

By  confession,  verified  statement  and  judg- 
ment indorsed  constitute  judgment  roll 

5251. 
By    confession,   when    and    how    may    be 

entered,  costs  5249,  5250,  5251. 
By  default  may  be  entered  upon  failure  to 

answer  amended  complaint  5043. 
Certified    copy    in    contest  for    county    or 

township  office,  clerk  of  board  of  county 

commissioners  to  issue  certificate  of  elec- 
tion 1810. 
Certified  copy  of  may  be  served  upon  parties 

required  to  perform  act  5284. 
Copy  of  written  opinion  in  rendering  to  be 

furnished  appellate  court  on  appeal  5356. 
Court    may    compel     acknowledgment    of 

satisfaction  5279. 
Damages  may  be  added  to   when  appeal 

taken  for  delay  5359. 

Directing  delivery  of  documents    or    per- 
sonal property,  bond  on  appeal  5349. 
Effect  of  in  proceeding  to  restore  lost  record 

5644. 

Entry  of  in  justice's  court  docket  5800. 
Entry  of   may  be    deferred    by   court    for 

further  argument  5266. 
Execution  may  be  issued  on  after  death  of 

party  5285. 
Execution    may    issue    on     in    mandamus 

proceeding  5705. 
Execution  upon  may  be  issued  to  different 

counties  5286. 
Final  process  on  may  be  issued  by  justice 

of  the  peace  to  any  part  of  county  5808. 
Final,  time  within  which  appeal   may  be 

taken  from  5329. 
For  abatement  of  nuisance  and  damages 

5504. 

For  costs,  execution  may  issue  5361. 
For  costs,  when  plaintiff  entitled  to  5377 . 
For  damages   for  death  by  wrongful    act, 

when   not  liable  for  debts,  distribution, 

how  made  5648. 

For  damages  to  be  in  gold  coin  5269. 
For  damages  under  the  employers'  liability 

act  preferred  claim  to  extent  of  wages  1926. 
For  deficiency  on  sale  of  mortgaged  prop- 
erty may  be  docketed  and  become  lien  on 

real  estate,  execution  for  deficiency  5501. 
For  delinquent  taxes,  to  include  city  taxes 

878. 
For  divorce  on  ground  of  imprisonment  or 

adultery  of  husband  and  in  other  cases, 

disposition  of  property  5843. 
For  treble  damages  in  actions  for  forcible 

or  unlawful  entry  5508. 
Garnishment  proceedings  may  be  had  after 

5190. 
Holder  of  may  redeem  real  property  sold 

under  execution  5299. 
How    enforced    in    controversy  submitted 

without  action,  appeal  5254. 
How    entered    in    civil    action  in  justice's 

court  5775. 

How  given,  for  or  against  whom  5239. 
How  pleaded  5070. 

How  reviewed  on  appeal  in  civil  action  5325. 
If  another  party  claims  property  of  debtor 

or  denies  debt,  suit  may  be  ordered  and 

transfer  forbidden  5313. 


2227 


INDEX 


Civil  practice 


Judgment — continued. 
If   attached    property    insufficient,    to    be 

satisfied  by  execution. 

If  no  answer,  relief  shall  not  exceed  demand 
of  complaint,  in  other  cases  relief  may 
be  granted  consistent  with  the  case  and 
issue  5241. 

In  action  against  estate  of  deceased  person 
does  not  create  lien  5974. 

In  action  against  estate  of  deceased  person 
ranks  as  approved  claim  5974. 

In  action  against  the  state  for  services  or 
advances  authorized  by  law  5r>:>:5. 

In  action  by  majority  owners  against 
minority  owners  for  expenditures  on 
mine  2481,  247S. 

In  action  by  woodchopper  on  lien  2230. 

In  action  for  abuse  of  apprentice  492. 

In  action  for  delinquent  taxes  to  include 
costs  and  penalties  3660. 

In  action  for  divorce  completely  dissolves 
contract  and  may  change  mime  of  female 
5844. 

In  action  for  forcible  entry  or  unlawful  de- 
tainer, form,  when  tenant  may  pay  and 
remain  in  possession  5599. 

In  action  for  foreclosure  of  mortgage  or 
lien,  affidavit  of  payment  of  taxes  before 
entry  3756, 

In  action  for  partition  conclusive  upon 
\\lioMi  5511. 

Iii  action  for  partition  does  not  affect 
tenant  for  less  than  ten  years  5512. 

In  action  for  partition,  payment  of  costs 
may  he  specified  5574. 

1  n  action  for  partition,  proof  required  55:;  I . 

In  action  for  unlawful  detainer  55'.  12. 

In  action  for  unlawful  enclosure  of  public 
lands  :5174. 

In  action  of  railroad  company  against  rail- 
road commission  to  set  aside  rate  45(11. 

In  action  to  determine  adverse  claim  to  real 
property,  when  and  how  rendered  and 
effect  5524. 

In  action  to  determine  whether  breach  of 
articles  of  apprenticeship  492. 

In  action  to  enforce  liens,  2224,  2227. 

In  certiorari  proceedings,  copy  of  to  be 
transmitted  to  inferior  tribunal  or  officer 
5682. 

In  civil  action  in  justice's  court,  to  state 
arrest  of  defendant  5775. 

In  district  court  not  to  be  vacated,  modi- 
fied or  corrected  unless  upon  notice 
within  six  months,  rule  xlv,  p.  1431. 

In  divorce  action,  effect  of  in  relation  to 
parties'  children  and  property  5841. 

In  favor  of  complainant  for  $500  on  removal 
of  officer  for  malfeasance  2852. 

In  garnishment  proceedings  5179. 

In  general  in  civil  action,  schedule  of  sec- 
tions 5238. 

In  justice's  court,  abstract  filed  in  recorder's 
office  creates  lien  on  lands  5782. 

In  justice's  court,  abstract  of  may  be 
obtained  and  entered  in  docket  of  dis- 
trict court  and  execution  issue  to  other 
counties  5779,  5780,  5781. 

In  justice's  court,  form  of  abstract  5779. 


Judgment— continued. 

In  justice's   court,   if  amount  found  due 

exceeds    jurisdiction    party   may    remit 

excess  5776. 

In  justice's  court,  schedule  of  sections  575 1. 
In  justice's  court,  taken  by  mistake,  inad- 
vertence or  excusable  neglect  may  be  set 

aside  5742. 
In  justice's  court,  to  be  entered  at  close  of 

trial  if  no  jury  5774. 
In  justice's  court,  to  be  entered  at  once  in 

conformity  to  verdict  5773. 
In  justice's  court,  to  include  costs  5778. 
In  justice's  court,  waiver  of  objection  that 

action  is  in  wrong  township  5772. 
In   justice's   court,  what  notice  of  appeal 

must  contain  5788. 
In  proceedings  for  disbarment  of  attorney 

52:;. 
In    proceedings    under   eminent    domain, 

recording  5621. 
In  quo  warranto   for  usurpation   of  public 

office  5()<;i . 

In   quo  warranto  ousting  director  of  cor- 
poration 5(>6S. 
Iii  replevin  may  he  for  return  of  property 

to  defendant  '52<>9. 
In  replevin  may  be  in  alternative  and  with 

damages  52«  19. 
Interest    and  costs  must   be  included   by 

clerk  5388, 

Interest  and  costs  to  be  included  5278. 
Interlocutory  regarding  certain   property, 

time  for  appealing  from  5:>29. 
Intermediate     orders     a  fleeting     may    be 

reviewed  on  appeal  5340. 
Is  the  final  determination  of  the  rights  of 

parties  52:;s. 

Joint  or  several,  when  given  52 Hi. 
.fudge  or  justice  to  order  proper  credit  on 

release  of  joint  debtor  5s 4S. 
Justice's  court  may  enter  on  confession  if 

amount  does  not  exceed  $300  exclusive 

of  interest  5714. 

Lost  or  restored,  limitation  5638. 
Lost  or  destroyed,  may  be  restored  5<>4(). 
Manner  of  giving  and  entering  5266. 
May  be  applied  for  after  publication  and 

default   and    court   shall    require    proof 

5236. 

.May  be  denied  by  answer  of  party  sum- 
moned after  judgment  in  action  on  joint 

contract  5246. 

.May  be  entered  on  report  of  referees  5235. 
May  be  entered  on  verdict  or  decision  after 

death  of  party,  not  lien  on  real  property 

but  payable  in  course  of  administration 

5272. 
May  be  for  treble  damages  in  actions  for 

waste  5505. 
May  be  given  for  defendant  for  affirmative 

relief  on  counter-claim  exceeding  plaint- 
iff's demand  5268. 
May  be  payable  in  kind  of  money  specified 

in  contract  or  obligation,  or  received  in 

fiduciary  capacity  5269. 
May  be  rendered  against  persons  shown  to 

belong  to  firm  executing  contract  5003. 
May  be  rendered  in  action  by  city,  notwith- 
standing special  assessment  irregular  868. 


Civil  practice 


INDEX 


2228 


Judgment — continued. 

May  be  reported  on  reference  5230. 

May  be  taken  against  party  refusing  to 
testify  or  give  deposition  5421. 

May  order  party  or  clerk  to  convey  title  to 
real  property  5241. 

May  vest  or  convey  title  to  real  property 
5241. 

Method  and  entry  of  satisfaction  5279. 

Not  invalid  except  on  appeal,  when  taken 
after  overruling,  objection  in  justice's 
court  that  action  is  in  wrong  township 
5772. 

Not  of  record,  holder  of,  need  not  be  made 
party  in  action  for  partition  5529. 

Not  to  be  entered  until  expense  of  board- 
ing and  lodging  jurors  paid  by  prevail- 
ing party  2035. 

Not  to  be  rendered  on  verdict  until  expense 
of  jury  is  paid  4942. 

Not  to  be  reversed  except  for  error  affect- 
ing substantial  rights  5066. 

Obtained  for  damages,  lien  of  5510. 

Obtained  with  intent  to  defraud  creditors  is 
void  1083. 

Of  court  under  employers'  liability  act  1923. 

Of  dismissal  without  prejudice  may  be 
entered  in  justice's  court  in  certain  cases 
5772. 

Of  district  court  for  removal  of  officer  for 
malfeasance  2852. 

Of  district  court  may  be  entered  in  term  or 
vacation  4842. 

Of  nonsuit,  in  what  cases  may  be  entered 
5237. 

Of  ouster  in  quo  warranto,  costs,  delivery 
of  books,  violation  by  corporation  5667. 

Of  ouster  on  dissolution  of  corporation,  lia- 
bility of  directors  5679. 

Of  supreme  court  not  effective  until  opinion 
filed  with  clerk  376. 

Of  supreme  court  on  appeal,  entry  of  in 
lower  court  5360. 

Offer  to  allow  as  compromise,  notice,  accept- 
ance, affidavit,  result  5265. 

Offer  to  allow  in  justice  court  not  admissi- 
ble in  evidence,  when  further  costs  not 
recoverable  5777. 

On  adverse  claim  to  mine  when  either  party 
establishes  right  2384. 

On  appeal,  how  certified  and  entered  5360. 

On  award  of  arbitrators,  when  not  appeala- 
ble 5263. 

On  conviction  of  contempt  in  justice's  court 
to  be  entered  in  docket  5799. 

On  discharge  of  garnishee  does  not  bar 
action  by  defendant  5183. 

On  dismissal  or  nonsuit,  and  how  entered 
5237. 

On  failure  to  answer,  how  entered  5236. 

On  impeachment  not  to  extend  further  than 
removal  from  office  and  disqualification 
from  holding  office  (Nev.  Const,  art.  vii, 
sec.  2)  335. 

On  joint  contract,  how  satisfied  where  some 
defendants  not  served  with  summons  5282. 

On  joint  contract,  satisfaction  of  out  of  joint 
property  5282. 

On  removal  of  officer  for  malfeasance,  copy 
of  to  be  transmitted  to  governor  or  county 
commissioners  2853. 


Judgment— continued. 

Or  decree  as  affecting  adverse  possession 
4956,  4958. 

Order  changing  name  of  person  to  be 
recorded  as  5837. 

Order  for  payment  of  money  may  be  en- 
forced in  same  manner  5366. 

Party  jointly  liable,  how  may  be  released 
from  his  proportion,  effect  5846. 

Person  dispossessed  of  land  under, reentering 
is  contempt  5394,  5395. 

Proceeds  of  property  sold  under,  attach- 
ment may  be  applied  upon  5158, 5159. 

Property  attached  may  be  sold  to  satisfy 
5151. 

Property  may  be  ordered  applied  in  satis- 
faction of,  in  supplementary  proceedings 
5312. 

Record  of,  in  garnishment  proceedings  5181 . 

Relief  may  be  given  from,  when  obtained 
by  mistake  or  inadvertence  5084. 

Rendered  on  appeal  from  justice's  court 
has  same  force  as  other  judgments  in 
district  court  5794. 

Requiring  payment  of  money  or  perform- 
ance of  act,  how  enforced  5284. 

Requiring  performance  of  act  or  obedience 
may  be  enforced  5284. 

Revival  of  for  price  paid  if  purchaser  fails 
to  obtain  real  property  sold  under  exe- 
cution 5306. 

Revival  of,  petition,  notice  regarding  when 
purchaser  fails  to  obtain  real  property 
sold  under  execution  5306. 

Revived  because  purchaser  fails  to  obtain 
real  property  sold  under  execution  to 
have  effect  of  original  judgment  5306. 

Sale  of  franchise  under,  organization  of  new 
corporation  1151,  1152. 

Several  may  be  rendered  in  same  action 
against  insurers  under  different  policies 
5002. 

Shall  be  rendered  upon  order  of  public 
service  commission  4540(c). 

Sheriff  to  specify  from  sale  of  property 
attached  5159. 

Subject  to  lien  for  attorneys'  fees  5376. 

Supreme  court  may  reverse  or  modify  on 
appeal  4835. 

To  be  entered  in  judgment  book  to  be  kept 
by  clerk  5270. 

To  be  given  according  to  special  verdict 

5222. 

•  To  direct  sale  of  encumbered  property  on 
foreclosure  of  mortgage  or  lien  5501. 

To  draw  7  per  cent  interest  per  annum  if 
no  other  rate  provided  5271. 

To  recover  against  sheriff  after  notice  to 
sureties  conclusive  against  sureties  5242. 

That  putative  father  stand  charged  with 
maintenance  of  illegitimate  child,  refusal 
to  obey  contempt  766. 

Transcript  may  be  filed  in  any  county  and 
become  lien  5277. 

Two  justices  of  tsupreme  court  may  pro- 
nounce, reargument  if  two  do  not  agree 
4837. 

.Under  writ  of  certiorari  5691. 

Undertaking  for  payment  of,  if  adjourn- 
ment for  more  than  ten  days  in  justice's 
court  5760. 


2229 


INDEX 


Civil  practice 


Judgment — continued 

Unknown  persons  and  persons  under  legal 
disability  concluded  by  in  action  to  de- 
termine adverse  claim  to  real  property 
5623. 

Upon  acceptance  of  offer  of  compromise 
5265. 

Upon  issue,  reference  may  be  ordered  for 
accounting  5229,  5231. 

What  relief  may  be  awarded  to  plaintiff 
5241. 

What  matters  may  be  reviewed  on  appeal 
from  5340. 

When  answer  of  garnishee  and  no  replv 
5178.' 

When  appeal  may  be  upon  judgment  roll 
or  with  statement  5338. 

When  attorney  may  acknowledge  satisfac- 
tion 507. 

When  controvery  is  submitted  without 
action  •"> I' ">:.'.  ~>i' ">:'>. 

When  court  below  may  proceed  upon  other 
matter  notwithstanding  appeal  5352. 

When  defendant  fails  to  appear  in  justice's 
court  5754. 

When  entry  of  award  of  arbitrators  has 
effect  of  5260. 

When  maybe  reversed  on  appeal  for  want 
or  insufficiency  of  evidence  5:!4">. 

When  parties  not  summoned  in  action  on 
joint  contract  may  be  summoned  after 
judgment  •">•_'-}.">. 

When  plaintiff  may  apply  for  relief  de- 
manded in  complaint  after  default  5236. 

When  receiver  may  be  appointed  to  carry 
into  effect  or  preserve  property  51 '.>:;. 

When  satisfied  sheriff  to  deliver  to  defend- 
ant remaining  property  attached  5160. 

When  to  be  entered  on  award  of  arbitrators 
5260. 

When  to  be  satisfied  by  deposit  given  on 
arrest  of  defendant  in  civil  action  5109. 

When  void  as  to  creditors  1083. 
Judgment  creditor,  liable  for  price  paid  by 

purchaser  or  redemptioner  5306. 
Judgment  debtor,  answer  in  proceedings  sup- 
plementary to  execution  5307,  5308. 

Arrest  of  on  proceedings  supplementary  to 
execution  5308. 

Debtor  of  may  pay  creditor  under  execu- 
tion 5309. 

Excess  on  sale  under  execution  to  be  paid 
to  5289. 

Has  six  months  in  which  to  redeem  real 
property  sold  under  execution  5301. 

How  may  redeem  real  property  sold  at 
execution  sale  5300. 

Levy  of  execution  to  be  made  only  on  prop- 
erty he  indicates  when  excess  property 
5289. 

May  be  required  to  give  undertaking  to 
appear  in  supplementary  proceedings  and 
not  to  dispose  of  property,  commitment 
to  prison  for  default  5308." 

May  direct  order  in  which  property  shall 
be  sold  under  execution  5292. 

Or  successor  in  interest  may  redeem  real 
property  sold  under  execution  5299. 

Party  owing  or  having  property  of  may 
be  examined  under  execution  returned 
5310. 


Judgment  debtor— continued. 

Property  may  be  ordered  applied  in  satis- 
faction of  judgment  on  supplementary 
proceedings  5312. 

Refusing  to  apply  property,  receiver  may 
be  appointed  5193. 

What  earnings  for  personal  service  and  prop- 
erty exempt  from  execution  5288. 

When  property  sold  under  execution  not 

subject  to  judgment  lien  5306. 
Judgment  docket,  how  kept,  form  and  entries 
5275, 

Interest  and  cost  included  in  entry  5278. 

Names  of  defendants  to  be  entered  in  alpha- 
betical order  5275. 

To  be  open  for  inspection  without  charge 

5276. 

Judgment  lien,  docket,  how  kept,  what  to 
contain  .~>i_'7">. 

Entry,  duration  5274. 

When  property  of  debtor  sold  under  execu- 
tion not  liable  to  5306. 

Judgment  roll ,  agreed  statement  of  facts,  when 
appeal  taken  from  5341. 

Appeal  may  be  taken  upon,  when  findings 
contrary  5342. 

Appeal  upon  5338. 

Copy  of  judgment  constitutes,  in  contro- 
versy submitted  without  action  5253. 

Copy  of,  to  be  annexed  to  statement  on 
appeal  5338. 

Entry  of,  minute  of  judgment  of  supreme 
court  5360. 

In  action  on  adverse  claim  for  mines  to  be 
filed  in  land  office  2384. 

What  constitutes,  in  proceedings  in  certio- 
rari  5693. 

What  to  constitute  5273. 

When  judgment  is  entered  by  confession 

5251. 
Judicial  departments,  persons  having  powers 

under  not  to  exercise  functions  pertaining 

to  legislative  or  executive  departments  (Nev. 

Const,  art.  iii,  sec.  1)  258. 
Judicial  districts,  legislature  may  provide  for 

and  number  of  judges,  change  not  to  take 

effect  except  in  case  of  vacancy  or  expira- 
tion of  term  (Nev.  Const,  art.  vi,  sec.  5)  320. 
Judicial  notice,  all  courts  to  take  of  change 
in  class  or  organization  of  any  city  775. 

Court  takes  under  pleading  5072. 

Courts  to  take  of  class  and  organization  of 

city  775. 

Judicial  officer,  except  justice  of  the  peace 
and  city  recorder  not  to  receive  fees  to 
own  use  (Nev.  Const,  art.  vi,  sec.  10)  325. 

For  reasonable  cause  may  be  removed  on 
two-thirds  vote  of  members  elected  to 
each  branch  of  the  legislature  (Nev.  Const, 
art.  vii,  sec.  3)  336. 

Liable  to  impeachment  for  misdemeanor 
or  malfeasance  (Nev.  Const,  art.  vii,  sec.  2) 
335. 

Judicial  power,  of  state  vested  in  supreme 
court,  district  courts,  justices  of  the  peace 
and  municipal  courts  (Nev.  Const,  art.  vi, 
sec.  1)  316. 

Of  United  States  (U.  S.  Const.)  153-155. 

Of  United  States,  does  not  extend  to  suit 
commenced  against  state  by  citizen  of 
another  state  or  alien  (U.  S.  Const.)  181. 


Civil  practice 


INDEX 


2230 


Judicial  proceedings,  authentication  of  under 

act  of  Congress  526. 
Judicial  purposes,  county  attached  to  another 

for,  sheriff  has  same  power  1658. 
Judicial  records,  of  courts  of  other  states,  how 

certified  and  proved  5410. 
Of  foreign  country,  how  certified  and  proved 

5411. 
Of  this  state  or  the  United  States,  proved 

by  original  or  certified  copy  5408. 
Jurisdiction,  and  powers  of  district  court  4849. 
Appellate,  of  supreme  court  4832,  4833. 
Civil  process  may  be  served  on  land  ceded 

to  the  United  states  1949-1951. 
District  court  has  final  appellate,  in  actions 

appealed  from  justice's  court  (Nev.  Const. 

art.  vi,  sec.  6)  321. 
District  court  to  determine  contests  for  state 

lands  3208. 
Duties  of  justice  of  the  peace  and  constable, 

local  or  special  laws  invalid  (Nev.  Const. 

art.  iv,  sec.  20)  278. 
Extent  of  review  under  certiorari  5690. 
In  action  for  delinquent  taxes  3659. 
In  action  for  possession  where  relation  of 

landlord  and  tenant  exists,  or  possession 

unlawfully    withheld,    in   justice  of   the 

peace  concurrent  with  district  court  5604. 
In  civil  action   after  service  of  summons 

5034. 
In  contest  for  county  or  township  office  in 

district  court  1806. 

In  district  court  for  proceedings  under  emi- 
nent domain  5611. 
In   justice's    court,   if    amount  found  due 

exceeds,  party  may  remit  excess  5776. 
In  municipal  court  to  be  fixed  by  law  so  as 

not  to  conflict  with  courts  of  record  (Nev. 

Const,  art.  vi,  sec.  9)  324. 
Justice  of  the  peace  has,  of  violations  of 

city  ordinances  886. 
Justice  of  the  peace  may  act  in  behalf  of 

another  in  case  of  sickness  or  absence 

5811. 

Justice's  court  to  which  civil  action  is  trans- 
ferred has  same  5719,  5720. 
Of    action    for   collection    of   taxes  where 

amount  does  not  exceed  $300,  in  justice's 

court  5714. 

Of  action  for  possession  of  lands  unlaw- 
fully obtained  or  withheld,  in  justice's 

court  5714. 
Of  action  involving  title  to  real  property 

does  not  lie  in  justice's  court  5714. 
Of  action toenforcemechanic'slien,  justice's 

court  does  not  have  5714. 
Of    action    to    recover   personal    property 

where  value    does   not   exceed  $300,  in 

justice's  court  5714. 
Of  action  to  restore  lost  records  in  district 

court  of  county  where  property  situated 

5636,  5637. 
Of  action  where  relation  of  landlord  and 

tenant  exists  in  justice's  court  5714. 
Of  district  court  (Nev.  Const,  art.  vi,  sec. 

6)  321. 
Of  district  court  on  disincorporation  of  city 

872,  873. 
Of  district  court  on  transfer  of  case  from 

justice's  court  5721. 
Of  district  judge  in  vacation  4850. 


Jurisdiction— continued. 

Of  district  judges,  equal,  coextensive  and 
concurrent,  functions  of  court  and  judges 
at  chambers  4922. 

Of  federal  and  state  courts  in  bankruptcy 
proceedings  564-567. 

Of  justice  of  the  peace  in  action  by  county 
against  person  for  support  of  poor  kin- 
dred 2916,  2917. 

Of  justice  of  the  peace  in  action  for  delin- 
quent taxes  for  improvement  of  streets 
in  unincorporated  town  934. 

Of  justice  of  the  peace  in  action  on  wood 
chopper's  lien  2230. 

Of  justice  of  the  peace  in  possessory  actions 
on  public  lands  5855. 

Of  justice  of  the  peace  or  judge  of  police 
court  in  action  against  party  failing  to 
fence  dangerous  excavation  3*235,  3237. 

Of  justices  of  the  peace  (Nev.  Const,  art.  vi, 
sec.  8)  323. 

Of  justice's  court  in  action  to  foreclose  lien 
2227. 

Of  justice's  court  in  cases  of  forcible  entry 
and  detainer  5721. 

Of  justice's  courts  in  civil  cases  5714. 

Of  municipal  court  832-835. 

Of  recorders'  courts  in  incorporated  cities 
4853. 

Of  supreme  and  district  court  in  quo  war- 
ranto  5663. 

Of  supreme  court  defined  (Nev.  Const,  art. 
iv,  sec  4)  319. 

Of  the  court  not  waived  by  failure  to  demur 
or  answer  5045. 

Of  U.  S.  courts  (U.  S.  Const.)  153-155. 

Of  U.  S.  courts,  does  not  extend  to  suit 
commenced  against  state  by  citizen  of 
another  state  or  alien  (U.  S.  Const.)  181. 

Original  appellate,  of  district  court  4840. 

Proceedings  under  juvenile  court  law  in 
district  court  729. 

Supreme  court  has  original  in  contest  for 
state  office  1823. 

To  enter  judgment  by  confession  when 
amount  exclusive  of  interest  does  not 
exceed  $300,  in  justice's  court  5714. 

What  provisions  of  civil  practice  act  are 

applicable  to  justice's  court  5815. 
Juror,  amount  paid  him  in  civil  case  to  be 
deducted    from   amount    due  him   from 
county  2013. 

Attempting  to  influence  is  contempt  5394. 

Fees  2001,  2013. 

Fees  of  in  action  for  abuse  of  apprentice 
494. 

May  be  called  as  witness  5429. 

Not  to  be  excused  except  in  open  court 
and  name  to  be  withdrawn,  rule  xxviii, 
p.  1429. 

Person  over  65  years  of  age  exempt  4941. 

When  may  be  excused  for  cause  4933. 

When  sick,  procedure  5209. 
Jurors,  challenges  for  cause  5206. 

Challenges  to,  how  tried  5207. 

Expense  of  keeping  together  to  be  paid 
before  entry  of  verdict  or  judgment  2035. 

Fees,  if  no  verdict,  plaintiff  to  pay  tem- 
porarily 2001. 

Fees  of,  in  proceeding  relating  to  appren- 
tices 494. 


2231 


INDEX 


Civil  practice 


Jurors— continued. 

1  res  recoverable  as  costs  from  losing  party 
2001. 

Fees  when  not  over  450  votes  in  county  2001. 

Names  of,  drawing  from  jury  box  5204. 

Names  of.  to  be  entered  in  justice's  court 
docket  5800. 

Number  and  grounds  of  challenges  5205, 
5206. 

Peremptory  challenges,  or  for  cause  5i)o5. 

Per  diem  of  in  justice's  court  2013. 

Per  diem  to  be  paid  each  day  by  party  de- 
manding jury,  recovery  from  losing  party 
2013. 

Per  diem  and  mileage  in  counties  polling 
over  1  •_!•">  votes  2013. 

Per  diem  and  mileage  paid  when  no  verdict, 
recoverable  from  losing  party  2013. 

Trial  panel  of,  how  drawn  4930,  4937,  4940. 

When  excess  may  be  discharged  4936. 

When  kept  together  expenses  of  board  and 
lodging  to  be  taxed  as  other  costs  2( ):;.">. 

Who  are  qualified  4929. 

Jurors  and  juries,  schedule  of  acts  and  stat- 
utory  and    constitutional    cross-references 

4829. 
Jury,  bailiff  to  attend  upon  4Mlfi. 

Counsel  may  use  instructions  in  addressing, 
rule  xl.  ].'.  li::i. 

Deliberation  of,  duty  of  officer  in  charge, 
parties  may  appoint  persons  to  remain 
with  officer  521.'!. 

Demand  for,  entry  to  be  made  in  justice's 
court  docket  5800. 

Demand  for,  in  civil  action  in  justice's 
court,  postponement  of  trial  5757. 

Drawing,  number  upon  consent,  examina- 
tion of  5204. 

Finding  of.  mav  be  had  in  chancery  cases 
5229. 

How  summoned  and  challenged,  number 
of  challenges,  in  civil  action  in  justice's 
court  5768. 

How  to  be  summoned  in  action  for  abuse 
of  apprentices  491. 

In  civil  action  in  justice's  court,  parties 
may  consent  to  number  not  more  than 
twelve  nor  less  than  four  5768. 

Instructions  may  be  given  to,  on  nonjudi- 
cial  day  4870. 

Irregularity  of,  ground  for  new  trial  5320. 

Local  or  special  law  for  summoning  or 
impaneling,  or  for  compensation,  invalid 
(Nev.  Const,  art.  iv,  sec.  20)  278. 

May  be  claimed  by  purchaser  refusing  to 
pay  bid  at  execution  sale  5294. 

May  be  had  by  person  against  whom  invol- 
untary petition  in  bankruptcy  filed  561. 

May  come  into  court  for  further  instruc- 
tions 5215. 

May  correct  insufficient  verdict  5219. 

May  determine  damages  after  default  5236. 

May  determine  value  of  real  property,  judg- 
ment, costs  5377. 

May  exonerate  libel  if  true  and  published 
with  good  motives  (Nev.  Const,  art.  i,  sec. 
9)  238. 

May  hear  testimony  in  proceedings  under 
eminent  domain  5(5 1  (i. 

May  render  verdict  on  nonjudicial  day  4870. 

May  take  with  them  certain  papers  5214. 


Jury — continued. 

May  try  question  of  fact  and  assess  dam- 
ages in  mandamus  proceedings  5700. 

May  view  property  or  premises  5211. 

Not  to  be  charged  by  district  judge  on  mat- 
ters of  fact  4846. 

Oath  and  custody  of  5208. 

Of  6  or  12  may  be  demanded  or  ordered  in 
trial  in  juvenile  court  729. 

On  proceedings  in  justice's  court  to  set  aside 
apprenticeship  483. 

Persons  not  electors,  or  convicted  of  certain 
crimes,  to  be  excluded  from  unless  restored 
to  civil  rights  (Nev.  Const,  art.  iv,  sec  27) 
885. 

Supreme  court  may  order  trial  of  issue  of 
fact  by,  in  district  court  in  quo  warranto 

5I5S1.   ' 

Three-fourths  in  civil  cases  may  render  ver- 
dict, but  legislature  by  two-thirds  vote 
may  require  unanimous  (Nev.  Const,  art. 
i,  sec.  3)  2:52. 

Three-fourths  must  agree  to  find  verdict 
5220. 

To  assent  to  recorded  verdict  5220. 

To  be  exclusive  judge  of  credibility  of 
witness  5420. 

To  be  had  unless  waived  in  action  for  un- 
lawful detainer  55«»1. 

To  be  summoned  to  determine  whether 
breach  of  contract  of  apprenticeship  491. 

To  determine  questions  relating  to  negli- 
gence in  actions  against  common  carrier, 
mine  or  mill  operator  for  death  or  per- 
sonal injury  5ii51. 

To  find  value  and  may  assess  damages  in 
action  to  recover  specific  property  5224. 

Trial  by  secured  but  may  be  waived  in  civil 
cases  (Nev.  Const,  art.  i,  sec.  3)  232. 

Verdict  of  in  district  court  may  be  certified 
to  supreme  court  in  quo  warranto  5681. 

When  kept  together,  expense  of  board  and 
lodging  how  paid,  charged  as  costs,  clerk 
to  disburse  4942. 

When  may  try  special  issues  4945. 

When  new  niay  be  drawn  if  juror  sick  or 

unable  to  act  5209. 
Jury  trial  5204. 

Court  may  adjourn  while  jury  absent,  but 
deemed  open,  sealed  verdict  5217. 

If  court  states  testimony  must  inform  jury 
they  are  exclusive  judges  of  fact  327, 5212. 

If  verdict  not  given,  cause  may  be  tried 
again  5216. 

In  civil  action  in  justice's  court,  how  waived 
5766. 

In  civil  action,  schedule  of  sections  5204. 

May  be  waived,  when  and  how  5226. 

Of  issue  of  fact,  either  party  entitled  to  in 
action  for  divorce  5845. 

Order  of,  evidence,  defense,  instructions, 
argument  5210. 

Right  of,  in  common-law  action  in  U.  S. 
court  (U.  S.  Const.)  177. 

To  be  had  in  justice's  court  unless  waived 

5765. 

Justice,  duties  imposed  on  extended  to  in 
actions  for  claim  and  delivery  in  justice's 
court  5753. 

How  to  issue  subpena  requiring  attend- 
ance out  of  court  54:52. 


Civil  practice 


INDEX 


2232 


Justice— continued. 

May  administer  oath  or  affirmation  5483. 
Make  take  affidavit  to  be  used  in  this  state 

5450. 
Presiding  to  certify  to  records  under  act  of 

Congress  527. 

"Justice, "to  be  substituted  for  "judge"  in 
proceedings  supplementary  to  execution 
in  justice's  court  5787. 
When  to  be  substituted  for  "judge"  in  sec- 
tions relating  to  attachment  5752. 
When  to  be  substituted  for  word  "judge"  in 
sections  relating  to  publication  of  sum- 
mons 5732. 

Justice's   court,   and  justice  of   the  peace. 

Regarding  duties  of  justice  of  peace  in 

criminal  and  other  cases,  see  Justice's 

Court  and  Justice  of  Peace,  under  "J." 

Absence  of  justice  of  the  peace,  another 

may  attend  in  his  behalf  4926,  5811. 
Abstract  of  judgment  in  justice's  court, 
filed  in  recorder's  office  creates  lien 
on  land  5782. 

May  be  obtained  and  entered  in  docket 
of  district  court  and  execution  issued 
to  other  counties  5779. 
Account,  copy  of  as  complaint  in  justice's 

court  5736. 

When  inspection  and  copy  may  be 
ordered  in  action  in  justice's  court 
5709. 

Action,  appeal  from  justice's  court,  power 
of  district  court,  dismissal,  damages, 
costs,  judgment  5794. 
Civil,  how  commenced  in  justice's  court 

5722. 

Civil,  in  justice's  court,  adjournment 
not  to  be  for  more  than  ten  days 
unless  upon  undertaking  condi- 
tioned for  payment  of  judgment 
5760. 
Alias  summons  may  issue,  time  for 

appearance  5729,  5730. 
Amendment  to  complaint  or  answer 

may  be  allowed  5741. 
Amendment  to  pleadings,adjournment, 
costs,  relief  from  judgment  by  de- 
nial 5742. 
Answer   and   what   to    contain   5735, 

5738. 
Answer     or     demurrer     allowed     to 

amended  pleadings  5743. 
Arrest  of  defendant,   must  give  un- 
dertaking before  applying  for  post- 
ponement 5759. 

Complaint  defined  and  what  to  con- 
tain 5736. 

Court  to  try  issue  of  law  5764. 
Defendant    may    appear    and    waive 

summons  5724. 

Demurrer  to  complaint  5735,  5737. 
Entry  to  be  made  in  docket  of  date 
of    trial    or    hearing    and    mailing 
notice  5733. 
Failure    of    either    party    to    appear, 

trial  may  proceed  5767. 
How  guardian  appointed  when  neces- 
sary 5726. 

How  judgment  entered  5775. 
How  jury  waived  5766. 


Justice's  court,  action — continued. 

If  defendant  fails  to  set  up  counter- 
claim he  cannot  afterwards  sue 
5739. 

Judgment  taken  by  mistake,  inad- 
vertence or  excusable  neglect  may 
be  set  aside  5742. 

Jury,  how  summoned  and  challenged 
5768. 

Limitation  of  service  of  summons 
5731. 

Notice  of  hearing  after  service  of 
summons  or  appearance  5733. 

Parties  entitled  to  one  hour  in  which 
to  appear  after  time  fixed  in  notice 
5733. 

Parties  may  appear  in  person  or  by 
attorney  5725. 

Place  of  trial  5715. 

Pleadings  and  form  of  5734,  5735. 

Postponement  of  trial  by  consent 
5758. 

Postponement  of  trial  on  application 
of  party,  grounds,  procedure  5759. 

Proceedings  on  demurrer  to  complaint 
or  answer  5741. 

Summons,  how  served,  directed  and 
what  to  contain  5727. 

Summons,  how  served  by  publication 
5732. 

Summons  to  be  served  out  of  town  to 
have  certificate  and  seal  of  county 
clerk  attached  5732. 

Time  for  appearance  of  defendant  to 
be  specified  in  summons  5728. 

Vacancy  does  not  affect  4884. 

Voluntary  appearance  and.  pleading 
without  summons  57.15. 

What  statement  on  appeal  on  ques- 
tions of  law*  alone  must  contain, 
amendments  and  settlement  5789. 

When  admission  that  evidence  would 
be  given  avoids  postponement  5789. 

When  attachment  to  issue  5749,  5750. 

When  consent  to  taking  of  testimony 
or  admission  that  it  would  be  given 
avoids  postponement  5759. 

When  court  may  postpone  5757. 

When  defendant  may  be  arrested  5744. 

When  order  for  inspection  of  written 
instrument  may  be  made  5769. 

When  plaintiff  may  demur  to  answer 
5740. 

When    postponement    discharges    de- 
fendant from  arrest  5759. 
Action,  civil,  judgment  by  confession  may 

be  entered  in  justice's  court  5771. 
Justice  of  the  peace  to  receive  all  money 

collected  by  sheriff  or  constable  and 

pay  same  to  parties  entitled  5810. 
Justice's  court  to  which  transferred  has 

same  jurisdiction  5719,  5720. 
Transfer  of  from  justice's  court  to  dis- 
trict court  5721. 
Trial    by    jury    secured    but    may    be 

waived  (Nev.  Const,  art.  i,  sec.  3)232. 
Action  for  claim  and  delivery  in  justice's 

court  5124,  5135,  5753. 
For  collection  of  taxes  not  exceeding 

$300,  justice's  court  has  jurisdiction 

5714. 


2233 


INDEX 


Civil  practice 


Justice's  court,  action — continued. 

For  enforcement  of  mechanic's  lien 
where  amount  exclusive  of  interest 
does  not  exceed  $300,  justice's  court 
does  not  have  jurisdiction  5714. 

For  possession  of  land  unlawfully  ob- 
tained or  withheld,  justice's  court  has 
jurisdiction  5714. 

For  possession  of  land  where  relation 
of  landlord  and  tenant  exists,  justice's 
court  has  jurisdiction  5714. 
Action,  in  justice's  court,  abstract  of  judg- 
ment filed  in  recorder's  office  creates 
lien  on  land  4782. 

P.y  whom  and  how  summons  served  and 
returned  5732. 

Certain    sections   made   applicable  5732. 

Certificate  of  county  clerk  to  writ  of 
attachment  for  service  in  another 
county  5751. 

Copy  of  note  or  instrument  admitted 
unless  denied  in  verified  answer  5770. 

Deposit  may  be  made  in  lieu  of  under- 
taking 5sn;. 

Entry  of  judgment  after  demurrer  and 
failure  to  answer  .",7.".:.. 

Execution,  duty  of  otlicer  receiving  5786. 

Execution  may  bo  renewed  or  alias 
issued  5785. 

Execution  to  issue  by  county  clerk  to 
other  counties  on  abstract  of  judg- 
ment docketed  in  district  court  5781. 

Eeos  of  attorney  recoverable  as  costs 
6814. 

For  recovery  of  money  or  damages. 
when  defendant  may  be  arrested  5744. 

If  amount  found  due  exceeds  jurisdic- 
tion parly  may  remit  excess  5776. 

Issuance  and  stay  of  execution  5783. 

Issue  of  fa«t  to  be  tried  by  jury  unless 
waived  57'J5. 

Judgment  of  dismissal  may  be  entered 
without  prejudice  in  certain  cases 
5772. 

Judgment  to  be  entered  at  close  of  trial 
if  no  jury  5774. 

Judgment  to  be  entered  at  once  in  con- 
formity to  verdict  5773. 

Judgment  upon  default  5754,  5755. 

No  statement  required  on  appeal  to  dis- 
trict court  on  questions  of  fact  or 
both  law  and  fact  5790. 

Offer  to  allow  judgment,  when  further 
costs  not  recoverable  5777. 

Place  of  trial  may  be  changed  in  certain 
cases  or  another  justice  called  5716, 
5718. 

Pleadings,  issues  of  law  and  fact  de- 
fined 5761-5763. 

Proceedings  after  order  changing  place 
of  trial  5719. 

Undertaking  on  appeal,  requirements 
with  or  without  stay,  deposit,  justi- 
fication of  sureties  5792. 

Waiver  of  objection  that  it  is  in  wrong 
township  5'<  <2. 

What  entries  to  be  made  in  docket 
5800. 

What  execution  must  contain  4784. 

What  notice  of  appeal  from  judgment 
must  contain  5788. 


Justice's  court,  action — continued. 

What  papers  to  be  transmitted  on 
appeal  to  district  court  5791. 

What  provisions  of  civil  practice  act 
are  applicable  5815. 

When  place  of  trial  cannot  be  changed 
more  than  once  on  motion  of  same 
party  5717. 

When  trial  must  be  commenced  and 
how  continued  575(5. 

Who  entitled  to  costs  5X1:5. 
Action,  involving  title  to  real  property  or 

legality  of  tax.  impost,  assessment,  toll 

or  municipal  fine  not  to  be  tried  in  jus- 
tice's court.  57LM. 

Action,  justice  of  the  peace  may  issue 
citation  or  other  process  on  docket 
of  predecessor  5805. 

May  issue  subpoiia  and  final  process  to 
any  part  of  county  5808. 

May  require  deposit  or  undertaking  as 
security  for  costs  before  issuing  sum- 
mons 5,812. 

On  appeal  to  district  court,  provisions 
relating  to  change  of  place  of  trial 
applicable  57! M. 

Admission,  of  making  of  note  or  instru- 
ment in  justice's  court  unless  denied 
by  verified  answer  5770. 

That  evidence  would  be  given,  when 
avoids  postponement  of  civil  action  in 
justice's  court  5759. 

Adjournment,  entry  regarding  to  be  made 
in  justice's  court  docket  5800. 

In  justice's  court  not  to  be  for  more 
than  ten  days  unless  upon  undertak- 
ing conditioned  for  payment  of  judg- 
ment 57UO. 

<)n  amendment  of  pleadings  in  justice's 
court  if  necessity  for  be  shown  under 
oath,  costs  5742. 

When  civil  action  to  be  continued  with- 
out in  justice's  court  5756. 
Affidavit,  for  change  of  place  of  trial  in 
justice's  court  5716. 

For  arrest  of  defendant  in  civil  action 
in  justice's  court  5745. 

For  attachment  in  civil  action  in  jus- 
tice's court  5747,  5749. 

Of  evidence  expected  to  be  obtained  on 
application  for  postponement  of  civil 
action  in  justice's  court  5759. 

Showing  cause  for  setting  aside  judg- 
ment in  justice's  court  5742. 
Alias  execution  in  justice's  court  5785. 
Alias  summons  in  civil  action  in  justice's 

court  may   issue,  time  for  appearance 

5729,  5730. 
Alias  venire  for  jurors  in  civil  action  in 

justice's  court  5768. 
Allegation   in   complaint  controverted  by 

answer  and  allegation  of  new  matter 

in  answer,  when  raises  issue  of  fact  in 

justice's  court  5763. 
Alphabetical   index  to  docket  in  justice's 

court  required  to  be  kept  5802. 
Amendment,   failure  to   make  after   sus- 
taining demurrer  to  complaint  in  jus- 
tice's court,  action  may  be  dismissed 
5772. 


Civil  practice 


INDEX 


2234 


Justice's  court,  amendment — continued. 

May  be  allowed  to  complaint  or  answer 
in  justice's  court  5741. 

Of  pleadings  in  civil  action  in  justice's 
court  5742. 

Of  pleadings  in  justice's  court,  answer 
or  demurrer  allowed  to  5743. 

Of  pleadings,  when  postponement 
allowed  in  action  in  justice's  court 
5757. 

To  statement  on  appeal  on  questions  of 
law  alone,  when  to  be  filed  in  justice's 
court  5789. 

Answer,  allowed  to  amended  pleadings  in 
justice's  court  5743. 

In  civil  action  in  justice's  court,  what 
to  contain  5735,  5738. 

New  matter  in,  raises  issue  of  fact  in 
justice's  court  in  absence  of  demurrer 
5763. 

Summons  in  justice's  court  to  contain 
direction  that  defendant  appear  and 
answer  5727. 

Verified  in  justice's  court  showing  title 
of  real  property  or  legality  of  tax. 
impost,  assessment,  toll  or  municipal 
fine  involved,  case  to  be  transferred 
to  district  court  5721. 

With  verified  denial  required  in  jus- 
tice's court  or  written  instrument  will 
be  admitted  5770. 

Appeal,  and  notice  of  appeal  from  judg- 
ment in  justice's  court,  what  must 
contain  5788. 

For  failure  to  prosecute,  district  court 
after  notice  may  order  dismissal  with 
costs  and  damages  5794. 

From  justice's  court  disregarded  upon 
failure  of  sureties  to  justify  5792. 

From  justice's  court,  final  4840. 

From  justice's  court,  in  district  court 
either  party  may  have  benefit  of  ob- 
jections 5791. 

From  justice  s  court,  legislature  may 
prescribe  regarding  (Xev.  Const,  art. 
vi,  sec.  8)  323. 

From  justice's  court,  money  transmitted 
to  clerk  in  lieu  of  undertaking  to  be 
paid  out  on  order  of  district  court 
5792. 

From  justice's  court,  on  questions  of 
fact  or  both  law  and  fact,  not  state- 
ment but  trial  anew  5790. 

From  justice's  court,  undertaking  on, 
requirement  with  or  without  stay,  de- 
posit, justification  of  sureties  5792. 

From  justice's  court,  what  papers  to  be 
transmitted  to  district  court  5791. 

From  justice's  court,  when  stay  of  exe- 
cution to  be  ordered,  when  officer  to 
relinquish  property  5793. 

Judgment  rendered  on  has  same  force 
as  other  judgments  in  district  court 
5794. 

Notice  and  bond  on,  entry  in  justice's 
court  docket  5800. 

On  questions  of  law  alone  on  judgment 
in  justice's  court,  what  statement  must 
contain,  amendments  and  settlement 
5789. 


Justice's  court,  appeal — continued. 

Reversal  of  judgment  taken  on  over- 
ruling of  objection  that  action  in  jus- 
tice's court  is  in  wrong  township  5772. 

To  district  court,  provisions  relating  to 
change  of  place  of  trial  applicable 
5794. 

Appearance,  defendant  may  appear  in  jus- 
tice's court  and  waive  summons  5724. 

Failure  of  defendant  to  make  within 
one  hour  ground  for  dismissal  of 
action  in  justice's  court  5772. 

Failure  of  either  party  to  make  in  jus- 
tice's court,  trial  to  proceed  57G7. 

Failure  to  make  injustice's  court  waives 
jury  5766. 

Time  for  of  defendant  to  be  specified 
in  alias  summons  in  justice's  court 
5729,  5730. 

Time  of  to  be  entered  in  justice's  court 
docket  5800. 

Voluntary  without  summons  in  justice's 

court  5715. 

Arrest,  of  defendant  in  certain  civil  actions 
in  justice's  court  5744. 

Of  defendant  in  civil  action  in  justice's 
court,  affidavit  and  undertaking  5745. 

Of  defendant  in  civil  action  in  justice's 
court,  must  give  undertaking  before 
applying  for  postponement  5759. 

Of  defendant  in  civil  action  in  justice'^ 
court,  officer  must  give  notice  to  plain- 
tiff, return  5747. 

Of  defendant  in  civil  action  in  justice's 
court,  to  be  detained  until  discharged 
by  justice  5748. 

Of  defendant  in  civil  action  in  justice's 
court,  to  be  stated  in  judgment  5775. 

Of  defendant  in  civil  action  in  justice's 
court,  to  be  taken  before  justice,  when 
to  be  taken  before  another  justice 
5746. 

Of  defendant  in  civil  action  in  justice's 
court,  when  postponement  discharges 
from  57.1!?. 

Of  defendant  in  civil  action  in  justice's 
court,  when  subject  to  on  execution 

r>75!!. 

Of  elector  on  civil  process  not  to  be  made 
on  election  day  (Nev.  Const,  art.  ii, 
sec.  4)  253. 

Of  person  charged  with  contempt  by 
justice's  court  5797. 

On  civil  process,  members  of  legislature 
exempt  from  during  session  and  for 
15  days  before  (Nev.  Const,  art.  iv,  sec. 
11)  269. 

Order  of  in  civil  action  to  be  entered 

in  justice's  court  docket  5800. 
Assessment,  if  legality  of  involved- in  jus- 
tice's court,  case  to  be  transferred  to 

district  court  for  trial  5721. 
Assignee  cannot  sue  on  counterclaim  not 

set  up  in  justice's  court  5739. 
Attachment,    in    civil    action    in   justice's 
court,  undertaking,  exception  to  sure- 
ties, justification,  waiver  5750. 

In  civil  action  in  justice's  court,  under- 
taking for  release  of  5751. 

In  justice's  court,  certain  sections  made 
applicable  5752. 


2235 


INDEX 


Civil  practice 


Justice's  court,  attachment — continued. 
May  issue  on  nonjudicial  day  -4870. 
When  issued  in  civil  action  in  justice's 

court  5749,  5750. 
Writ  of  in  civil  action  in  justice's  court. 

substance   of.    several    may   be    issued 

to  different  sheriffs  5751. 
Writ   of    in   justice's   court   for   service 

in  another  county  to  have  certificate 

under  seal  of  county  clerk  5751. 
Writ  of.  issuance  to  be  noted  in  justice's 

court  docket  5800. 
Attorney,  any  person  except  constable  may 

appear  as  in  justice's  court  5725. 
Authority  of.  to  bind  client  5O7. 
Fee  of  attorney  recoverable  as  costs  in 

justice's  court  5814. 
Name   of    plaintiff's   to   be    indorsed   on 

summons  in  justice's  court  5727. 
Notice    of    hearing     in    justice's    court. 

when  to  bo  given  to  5735.    . 
Authentication  of  records,  federal  act  con- 
cern ing  52»;-.~>29. 
Hill,    copy    °f-    ••'*    complaint    in   justice's 

court  57.".«',. 

Kill    of    exchange,    or    oilier    Instrument, 
when  admitted   in  justice's  court  unless 
denied   by   verified   answer  577<>. 
I'.lanks  must  be  filled  in  all  papers  except 
subpeua    before    issuance    by    justice   of 
the  peace  5XO9. 
Itoud.    action    upmi.    justice's    court    has 

jurisdiction  ifamoimt  does  not  exceed 

s:;u<»  r,714. 
<'ooy  of  as  complaint   in    justice's  court 

573»',. 

For  payment  of  judgment  when  adjourn- 
ment for  more  than  ten  days  in  jus- 
tice's court  570O. 

In  justice's  court,  deposit  may  be  made 
in  lieu  of  in  all  cases  5<;ir>. 

on  appeal,  entry  of  in  justice's  court 
docket  -v 

<  )n  appeal  from  justice's  court,  require- 
ments with  or  without  stay,  deposit. 
justification  of  sureties  5792. 

Surety  company's,  may  accept  premium 

taxed  as  costs  G95-701. 
Breach  of  the  peace,  when  punishable  as 

contempt  in  justice's  court  5795. 
Certificate,   and   seal   of  county  clerk  to 
be  attached  to  summons  in  action  in 
justice's   court   to   be   served   out   of 
town  5732. 

Of  district  judge  as  to  which  justice  of 

the    peace    is    successor    when    two 

equally    entitled,    to    be    filed    with 

county  clerk  5807. 

Challenges    to   jurors    in    civil    action    in 

justice's  court,  grounds  and  number  5768. 
Civil  action,  appeal  from  justice's  court, 
po\yer  of  district  court,  dismissal,  dam- 
ages, costs,  judgment  5794. 

Entries  in  justice's  court  docket  are 
prima  facie  evidence  5801. 

For  claim  and  delivery -in  justice's  court 
5124.  5135.  575:;. 

How  commenced  in  justice's  court  5722. 

In  justice's  court,  abstract  of  judgment 
filed  in  recorder's  office  creates  liei 
on  land  5782. 


Justice's  court,  civil  action — continued. 

In  justice's  court,  adjournment  not  to 
be  for  more  than  ten  days  unless  upon 
undertaking  conditioned  for  payment 
of  judgment  57(50. 

In  justice's  court,  alias  summons  may 
issue,  time  for  appearance  5729,  5730. 

In  justice's  court,  amendment  to  com- 
plaint or  answer  may  be  allowed  5741. 

In  justice's  court,  amendment  to  plead- 
ings, adjournment,  costs,  relief  from 
judgment  by  denial  5742. 

In  justice's  court,  answer  and  what  to 
contain  5<.><5.  573S. 

In  justice's  court,  answer  or  demurrer 
allowed  to  amended  pleadings  5743. 

In  justice's  court,  arrest  of  defendant, 
must  give  undertaking  before  apply- 
ing for  postponement  5759. 

In  justice's  court,  attorneys'  fees  recov- 
erable as  costs  5S14. 

In  justice's  court,  certain  sections  made 
applicable  57(52. 

In  justice's  court,  certificate  of  county 
clerk  to  writ  of  attachment  for  serv- 
ice in  another  county  5751. 

In  justice's  court,  complaint  defined  and 
what  to  contain  573(5. 

In  justice's  court,  copy  of  noteor  instru- 
ment admitted  unless  denied  by  veri- 
fied answer  5770. 

In  jiistice'soourt.  defendant  may  appear 
and  waive  summons  5724. 

In  justice's  court,  demurrer  to  com- 
plaint 5735,  5737. 

In  justice's  court,  deposit  may  be  made 
in  lieu  of  undertaking  5X1(5. 

In  justice's  court,  entry  to  be  made  in 
docket  of  date  of  hearing  and  mailing 
notice  5733. 

In  justice's  court,  execution,  duty  of 
officer  receiving  578(5. 

In  justice's  court,  execution  may  be 
renewed  or  alias  issued  5785. 

In  justice's  court,  execution  to  issue  to 
county  clerk  on  abstract  of  judgment 
docketed  in  district  court  5781. 

In  justice's  court,  failure  of  either  party 
to  appear  trial  may  proceed  5707. 

In  justice's  court,  hearing  after  serv- 
ice of  summons  or  appearance  5733. 

In  justice's  court,  how  guardian  ap- 
pointed when  necessary  5720. 

In  justice's  court,  how  judgment  en- 
tered 5775. 

In  justice's  court,  how  jury  waived  5700. 

In  justice's  court,  how  summons  issued, 
directed  and  what  to  contain  5727. 

In  justice's  court,  if  amount  found  due 
exceeds  jurisdiction,  party  may  remit 
excess  5770. 

In  justice's  court,  if  defendant  fails  to 
set  up  counterclaim  he  cannot  after- 
wards sue  5739. 

In  justice's  court,  issuance  and  stay  of 
execution  5783. 

In  justice's  court,  issue  of  fact  to  be 
tried  by  jury  unless  waived  57(55. 

In  justice's  court,  judgment  of  dis- 
missal may  be  entered  without  pre- 
judice in  certain  cases  5772. 


Civil  practice 


INDEX 


2236 


Justice's  court,  civil  action — continued. 

In  justice's  court,  judgment  to  be  en- 
tered at  close  of  trial  if  no  jury  5774. 

In  justice's  court,  judgment  to  be  en- 
tered at  once  in  conformity  to  ver- 
dict 5773. 

In  justice's  court,  judgment  taken  by 
mistaKe,  inadvertence  or  excusable 
neglect  may  be  set  aside  5742. 

In  justice's  court,  jury,  how  summoned 
and  challenged  5768. 

In  justice's  court,  limitation  of  service 
of  summons  5731. 

In  justice's  court,  no  statement  required 
on  appeal  to  district  court  on  ques- 
tions of  fact  or  both  law  and  fact 
5790. 

In  justice's  court,  offer  to  allow  judg- 
ment, when  further  costs  not  recover- 
able 5777. 

In  justice's  court,  parties  may  appear 
in  person  or  by  attorney  5725. 

In  justice's  court,  pleadings,  form  of 
5734,  5735. 

In  justice's  court,  pleadings,  issues  of 
law  and  fact  denned  5761-5763. 

In  justice's  court,  postponement  by  con- 
sent 5758. 

In  justice's  court,  postponement  of  trial 
on  application  of  party,  grounds,  pro- 
cedure 5759. 

In  justice's  court,  proceedings  on  de- 
murrer to  complaint  or  answer  5741. 

In  justice's  court,  summons,  by  whom 
and  how  served  and  returned  5732. 

In  justice's  court,  time  for  appearance 
of  defendant  to  be  specified  in  sum- 
mons 5728. 

In  justice's  court,  undertaking  on  appeal, 
requirements  with  or  without  stay, 
deposit,  justification  of  sureties  5792. 

In  justice's  court,  waiver  of  objection 
that  it  is  in  wrong  township  5772. 

In  justice's  court,  what  entries  to  be 
made  in  docket  5800. 

In  justice's  court,  what  execution  must 
contain  5784. 

In  justice's  court,  what  notice  of  appeal 
from  judgment  must  contain  5788. 

In  justice's  court,  what  papers  to  be 
transmitted  on  appeal  to  district  court 
5791. 

In  justice's  court,  what  provisions  of 
civil  practice  act  are  applicable  5815. 

In  justice's  court,  what  statement  on 
appeal  on  questions  of  law  alone  must 
contain,  amendments  and  settlement 
5789. 

In  justice's  court,  when  admission  that 
evidence  would  be  given  avoids  post- 
ponement 5759. 

In  justice's  court,  when  attachment  to 
issue  5749,  5750. 

In  justice's  court,  when  consent  to  tak- 
ing of  testimony  or  admission  that  it 
would  be  given  avoids  postponement 
5759. 

In  justice's  court,  when  court  may  post- 
pone 5757. 

In  justice's  court,  when  defendant  may 
be  arrested  5744. 


Justice's  court,  civil  action — continued. 

In  justice's  court,  when  defendant  may 
demur  to  answer  5740. 

In  justice's  court,  when  order  for  in- 
spection of  written  instrument  may 
be  made  5769. 

In  justice's  court,  when  postponement 
discharges  defendant  from  arrest  5759. 

In  justice's  court,  when  trial  must  be 
commenced  and  how  continued  5756. 

In  justice's  court,  who  entitled  to  costs 
5813. 

Judgment  by  confession  may  be  entered 
in  justice's  court  5771. 

Justice  of  the  peace  may  issue  execution 
or  other  process  upon  docket  of  pre- 
decessor 5805. 

Justice  of  the  peace  may  issue  subpena 
and  final  process  to  any  part  of 
county  5808. 

Justice  of  the  peace  to  receive  all  mon- 
eys collected  by  sheriff  or  constable 
and  pay  same  to  parties  entitled  5810. 

Justice's  court  may  require  deposit  or 
undertaking  as  security  for  costs  be- 
fore issuing  summons  5812. 

Justice's  court  to  fix  time  for  trial  r>7.">3. 

Justice's  court  to  try  issue  of  law  5764. 

Justice's  court  to  which  transferred  has 
same  jurisdiction  5719,  5720. 

Place  of  trial  in  justice's  court  5715. 

Transfer  of  from  justice's  court  to  dis- 
trict court  5721. 

Trial    by    jury    secured,    but    may    be 

waived  (Nev.  Const,  art  i,  sec.  3)  332. 

Civil  process,  elector  not  to  be  arrested 

under    on    election    day  (Nev.    Const. 

art.  ii,  sec.  4)  253. 

Members    of    legislature    exempt    from 

arrest  under  during  session   and   15 

days  before  (Nev.  Const,  art  iv,  sec. 

11)  269. 

Claim  and  delivery,  action  for,  in  justice's 

court  5124,  5753. 

Clerk,  county,  to  issue  execution  to  other 
counties  on  abstract  of  judgment  from 
justice's  court  docketed  in  district 
court  5781. 

County,  to  file  and  docket  abstract  of 
judgment  from  justice's  court  5780. 

Pleadings  and  transcript  to  be  certified 
to  on  transfer  of  case  from  justice's 
court  to  district  court  5721. 

To  pay  on  order  of  court  money  trans- 
mitted in  lieu  of  undertaking  on  ap- 
peal from  justice's  court  5792. 
Complaint,  and  what  to  contain  in  civil 
action  in  justice's  court  5734,  5735, 
5736. 

Filing  of  in  justice's  court  5722,  5723. 

In  civil  action  in  justice's  court  to  be 
indorsed  with  date  of  filing  5723. 

In  justice's  court,  copy  of  note  or  in- 
strument admitted  unless  denied  by 
verified  answer  5770. 

Confession,  judgment  by  may  be  entered 
in  civil  action  in  justice's  court  5771. 

Judment  may  be  entered  upon  in  jus- 
tice's court  if  amount  does  not  exceed 
$300  exclusive  of  interest  5714. 


2237 


INDEX 


Civil  practice 


Justice's  court — continued. 

Consent  of  parties,  to  not  more  than  12 
nor  less  than  4  jurors  in  justice's 
court  in  civil  action  5768. 

To  taking  of  testimony  in  civil  action 
in  justice's  court  on  postponement 
5759. 

Constable,  duties  imposed  on  sheriff  ex- 
tend to  in  action  for  claim  and  de- 
livery 5753. 

Duties  of  on  receiving  execution  from 
justice's  court  5786. 

Fees  1999,  2011. 

Local  or  special  laws  relating  to  juris- 
diction and  duties  of,  invalid  (Nev. 
Const,  art  iv,  sec.  20)  278. 

May  serve  summons  in  action  in  jus- 
tice's court  5732. 

To  be  substituted  for  'sheriff"  in  pro- 
ceedings supplementary  to  execution 
in  justice's  court  5787. 

To  detain  defendant  arrested  in  civil 
action  in  justice's  court  until  dis- 
charged by  justice  5748. 

To  give  notice  and  make  return  on 
arrest  of  defendant  in  civil  action  in 
justice's  court  5747. 

To  pay  moneys  collected  on  execution 
of  process  to  justice  of  the  peace  5810. 

When  may  arrest  defendant  in  civil 
action  in  justice's  court  5744. 

When  not  to  act  as  attorney  in  justice's 
court  5725. 

When  substituted  for  "sheriff"  in  sec- 
tions relating  to  attachment  5752. 

When  to  relinquish  property  on  stay  of 
execution  on  appeal  from  justice's 
court  5793. 

When  to  take  defendant  arrested  in 
civil  action  in  justice's  court  before 
another  justice  574* '.. 

Contempt,  conviction  of  in  justice's  court 
to  be  entered  in  docket  5799. 

In  immediate  view  and  presence  of  jus- 
tice's court,  proceedings  for  5796. 

Not  in  immediate  view  and  presence  of 
justice's  court,  proceedings  for  5797 

What  acts  punishable  as  in  justice's 
court  5795. 

What  punishments  may  be  imposed  for 

by  justice's  court  5798. 
Continuance  in  justice's  court  not  to  be 

for  more  than  ten  days  unless  upon  un- 
dertaking conditioned  for  payment  of 

judgment  5760. 

Contract,  entry  of  judgment  upon  by  de- 
fault in  justice's  court  5754. 

Justice's  court  has  jurisdiction  of 
amount  not  exceeding  $300  exclusive 
of  interest  5714. 

Obligation  of  two  or  more  persons  in 
different  counties,  limitation  of  serv- 
ice of  summons  in  justice's  court  5731. 

Township    in   which   action    for   to    be 

brought  in  justice's  court  5715. 
Conviction  of  contempt  in  justice's  court 

to  be  entered  in  docket  5799. 
Costs,  and  damages,  when  may  be  ordered 
on  dismissal  of  appeal  to  district  court 
5794. 

Fees  of  attorney  recoverable  in  justice's 
court  5814. 

141 


Justice's  court,  costs — continued. 

In  justice's  court  to  be  included  in 
judgment  5778. 

Justice's  court  may  require  deposit  or 
undertaking  as  security  before  issu- 
ing summons  5812. 

Payment  of  on  adjournment  made  neces- 
sary by  amendment  of  pleadings  in 
justice's  court  5742. 

Payment  of  on  change  of  place  of  trial 
of  action  in  justice's  court  5719. 

Payment  of  on  setting  aside  judgment 
by  default  in  justice's  court  5742. 

To  be  included  in  entry  of  judgment  in 
justice's  court  docket  5800. 

When  not  recoverable  after  offer  to 
allow  judgment  in  justice's  court, 
recovery  against  party  refusing  offer 
5777. 

Who  entitled  to  in  justice's  court  5813. 
Counterclaim,  if  not  set  up  in  action  in 
justice's  court  defendant  or  assignee 
cannot  afterwards  sue  5739. 

In  civil  action  in  justice's  court  5738. 
Counties,  change  in  boundaries,  justice  of 

the  peace  successor  of  predecessor  5805. 
County  clerk,  filing  of  certificate  of  dis- 
trict judge  as  to  which  of  two  jus- 
tices of  the  peace  entitled  is  successor 
5807. 

To  certify  to  wrrit  of  attachment  in  jus- 
tice's court  for  service  in  another 
county  5751. 

To  certify  under  seal  to  summons  in 
justice's  court  for  service  in  another 
county  5732. 

To  file  and  docket  abstract  of  judgment 
from  justice's  court  5780. 

To  issue  execution  to  other  counties  on 
abstract  of  judgment  from  justice's 
court  docketed  in  district  court  5781. 

To  receive  docket  and  papers  on  death 
or  removal  of  justice  of  the  peace 
5804. 

Court,  inferior,  in  cases  appealed  from  dis- 
trict court  has  final  appellate  juris- 
diction, Nev.  Const,  art.  vi,  sec.  6)321. 

Justice's,  change  of  place  of  trial  in 
civil  action  5717. 

Justice's,  jurisdiction  of  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Justice's,  legislature  may  prescribe  re- 
garding appeals  from  (Nev.  Const,  art. 
vi,  sec.  8)  323. 

Justice's,  place  of  trial  of  civil  actions 
5715. 

Justice's,  when  and  where  held,  always 
open,  jurisdiction  in  civil  case's  5714. 

Justice's,  when  place  of  trial  in  civil 
action  ordered  changed,  parties  may 
agree  upon  court  5718. 

Of  record,  justices  of  the  peace  not  to 
try  cases  in  conflict  with  jurisdiction 
of  (Nev.  Const,  art.  vi,  sec.  8)  323. 
Damages,  demand  for  to  be  contained  in 
summons  in  justice's  court  5727. 

Entry  of  judgment  for  upon  default  in 
justice's  court  5754. 

Justice's  court  has  jurisdiction  of 
amount  not  exceeding  $300  5714. 

Township  in  which  action  for  to  be 
brought  in  justice's  court  5715. 


Civil  practice 


INDEX 


2238 


Justice's  court,  damages — continued. 

When  may  be  ordered   in  addition  to 
costs  on  dismissal  of  appeal  to  dis- 
trict court  5794. 
Default,  if  made,  to  be  entered  in  justice's 

court  docket  5800. 
Judgment  upon  in  justice's  court  5754, 

5755. 
Defense, what  maybe  contained  in  answer 

in  civil  action  in  justice's  court  5738. 
Definition  of   issues  of  law  and  fact  in 

justice's  court  5761-5763. 
Demand,  exceeding  $300  exclusive  of  in- 
terest not  to  be  tried  in  justice's  court 
(Nev.  Const,  art.  vi,  sec.  8)  323. 
For  jury  in  civil  action  in  justice's  court, 

failure  to  make,  waiver  5766. 
Demurrer,  allowed  to  amended  pleadings 

in  justice's  court  5743. 
If  overruled  and  failure  to  answer  judg- 
ment maybe  ordered  in  justice's  court 
5755. 
To  complaint  in  civil  action  in  justice's 

court  5735,  5737. 
To    complaint    or    answer    in    justice's 

court,  proceedings  on  5741. 
To    complaint    or    answer    in    justice's 

court,  raises  issue  of  law  5762. 
When  may  be  interposed  to  answer  in 

justice's  court  5740. 

Denial,    by    verified    answer    in    justice's 
court  or  written  instrument  admitted 
5770. 
In   answer   in  civil   action   in  justice's 

court  5738. 

Departure   from   state  with    intention  to 

defraud  creditors,  when  defendant  may 

be  arrested  in  civil  action  in  justice's 

court  5744. 

Deposit  in  lieu  of  undertaking  on  appeal 

from  justice's  court  5792. 
Deposition,  may  be  taken  by  justice  of  the 
peace  on  postponement  of  civil  action 
5759. 
Taken  on  postponement  of  civil  action 

in  justice's  court  may  be  read  5759. 
Diligence  in  obtaining  testimony  must  be 
shown  to  obtain  postponement  of  trial 
in  civil  action  in  justice's  court  5759. 
Dismissal,  of  action  without  prejudice  in 

justice's  court  5772. 
Of    appeal    to    district    court    may    be 

ordered  after  notice  5794. 
Disobedience  of  order,  subpena  or  process 
punishable    as    contempt     in    justice's 
court  5394,  5395,  5795. 
Disorderly  conduct,   when  punishable  as 

contempt  in  justice's  court  5795. 
District  court,  entry  in  docket  of  abstract 
of   judgment   of   justice  s   court   and 
issuance  of  execution  to  other  coun- 
ties 5781. 

For  failure  to  prosecute  an  appeal,  may 
order  dismissal  with  costs  and  dam- 
ages 5794. 
Jurisdiction  of  on  transfer  of  case  from 

justice's  court  5721. 

May  order  justice's  court  to  transmit 
papers  on  appeal,  service  of  order, 
fine  5791. 


Justice's  court — continued. 

On  appeal,  either  party  may  have  bene- 
fit   of    objections    made    in    justice's 

court  5791. 
Transfer  of  cases  to  from  justice's  court 

5721. 
When  may  order  new  trial  on  appeal 

from  justice's  court  5794. 
When  two  justices  of  the  peace  equally 

entitled,  to  certify  which  is  successor 

5807. 
Docket,  and  papers  in  case  of  death  or 

removal  of  justice  of  the  peace  to  be 

delivered  to  other  justice  or  county 

clerk  5804. 

And  papers  must  be  delivered  by  jus- 
tice of  the  peace  to  successor  5803. 
Certified    transcript    of    on    change    of 

place  of  trial  in  justice's  court  5719. 
Conviction  of  contempt  in  justice's  court 

to  be  entered  5799. 
Entry    in   judgment   docket  of  district 

court    of    abstract    of    judgment    in 

justice's  court  5780. 
Execution    or    other    process    may    be 

issued  by  justice  of  the  peace  upon 

docket  of  predecessor  5805. 
In   justice's   court,    alphabetical    index 

required  to  be  kept  5802. 
In  justice's  court,  copy  of  to  be  used  on 

appeal  in  district  court  5789. 
In  justice's  court,  entry  to  be  made  of 

date  of  trial  or  hearing  and  mailing 

notice  5733. 
In  justice's  court  in  civil  action,  entry 

of  waiver  of  jury  5766. 
In  justice's  court,   what  entries  to  be 

made  5800. 
Of  justice's  court,  certified  copy  to  be 

transmitted    on     appeal    to    district 

court  5791. 
Transcript  of  to  be  certified  by  justice's 

court  on  transfer  of  case  to  district 

court  for  trial  5721. 

Election  contest,  for  member  of  legisla- 
ture, to  issue  subpena  for  taking  depo- 
sitions, may  attach  and  fine  witness, 
certification  of  testimony  to  county 
clerk  1819. 

Election  day,  elector  not  to  be  arrested 
under  civil  process  on  (Nev.  Const,  art. 
ii,  sec.  4)  253. 

Elector   not   to    be    arrested    under    civil 
process  on  election  day  (Nev.  Const,  art. 
ii,  sec.  4)  253. 
Entries,  in  justice's  court  docket  are  prima 

facie  evidence  5733,  5801. 
In  justice's  court  docket,   what  to   be 

made  5800. 
Evidence,   affidavit  of  what   expected   to 

be  obtained  on  postponement  of  civil 

action  in  justice's  court  5759. 
Entries    in   justice's    court   docket    are 

prima  facie  5733,  5801. 
In  action  for  libel  truth  may  be  given 

(Nev.  Const,  art.  i,  sec.  9)  238. 
Justice's  court  may  make  order  for  in- 
spection  of   written    instrument   and 

delivery  of  copy  5769. 
Offer    to    allow    judgment    in    justice's 

court  not  admissible  5777. 


2239 


INDEX 


Civil  practice 


Justice's  court,  evidence — continued. 

Only  so  much  as  necessary  to  explain 
grounds  to  be  inserted  in  statement 
on  appeal  on  questions  of  law  alone 
from  justice's  court  5789. 

Regarding  forcible  entry  and  detainer 
may  he  given  in  justice's  court  5721. 

Regarding  title  to  real  property  or 
legality  of  tax.  impost,  assessment, 
toll  or  municipal  fine  not  to  be  given 
in  justice's  court  5721. 

Witness  shall  not  be  rendered  incompe- 
tent  on    account   of    religious    belief 
i  Xev.  Const,  art  i,  sec.  4)  233. 
Exception  to  sureties  on   undertaking  for 

attachment  in  justice's  court  5750. 
Execution,    all    blanks    must   be   filled    in 
by  justice  of  the  peace  before  issu- 
ance 580'.  >. 

Costs  in  aid  of.  who  entitled  to  in  jus- 
tice's court  5813. 

In  civil  action  in  justice's  court,  when 
defendant  subject  to  arrest  on  5759. 

In  justice's  court,  duty  of  officer  receiv- 
ing r,7si;. 

In  justice's  court,  may  he  issued,  stay. 
5783. 

In  justice's  court,  may  he  renewed  or 
an  alias  issued  .~»7s.~>. 

In  justice's  court,  what  must  contain 
5784. 

Justice  of  the  peace  may  issue  upon 
docket  of  predecessor  5805. 

Justice  of  the  peace  may  issue  to  any 
part  of  county  5808. 

Or  renewals,  issuance  of,  payment  upon, 
entry  to  be  made  in  justice's  court 
docket  5800. 

rroceedinirs  supplementary  relating  to 
district  court  are  applicable  to  jus- 
tice's court  5787. 

Resistance  to  punishable  as  contempt  in 
justice's  court  r>7'.).~>. 

To  issue  by  county  clerk  to  other  coun- 
ties on  abstract  of  judgment  from 
justice's  court  docketed  in  district 
court  r.TM. 

Undertaking  or  deposit  for  stay  of  on 
appeal  from  justice's  court  5792. 

When  stay  of  to  be  ordered  by  justice's 
court    pending    appeal,    when    officer 
to  relinquish  property  5793. 
Fact,  issue  of,  how  tried  in  justice's  court 
5765. 

Issue  of  in  justice's  court  defined  5761, 

5763. 
Facts,   certain   entries   in  justice's  court 

docket  are  prima  facie  evidence  5801. 
Fees,   court,   to  be  paid  on  appeal   from 
2081. 

In  counties  polling  over  800  votes  2015. 

In  counties  polling  not  over  800  votes 
2003. 

In  proceeding  relating  to  apprentices  494. 
Fence  viewers,  to  appoint,  when  3605. 
Fine,  action  for.  justice's  court  has  juris- 
diction   if   amount    does   not   exceed 
$300,  exception  5714. 

May  be  imposed  by  district  court  on 
justice  of  the  peace  for  failure  to 
transmit  papers  on  appeal  5791. 


Justice's  court,  fine — continued. 

Municipal,  if  legality  of  involved  in  jus- 
tice's court,  case  to  be  transferred  to 
district  court  for  trial  5721. 
What  may  be  imposed  by  justice's  court 

for  contempt  r>7'.»S. 

Forfeiture,  justice's  court  has  jurisdiction 
if  amount  does  not  exceed  $300,  excep- 
tion 5714. 

Form  of  abstract  of  justice's  court  judg- 
ment 5779. 

Fraud,  when  ground  for  arrest  of  defend- 
ant in  civil  action  in  justice's  court 
5744. 

Genuineness  of  signature  to  note  or  in- 
strument    admitted    in    justice's    court 
unless  denied  by  verified  answer  5770. 
Guardian,  ad  litem,  how  appointed  in  civil 

action  in  justice's  court  5726. 
General,  how  appointed  in  civil  action 

in  justice's  court  5726. 

Has  jurisdiction  concurrent  with  district 

judge    in    action    for    possession    where 

relation  of  landlord  and  tenant  exists 

or  possession  unlawfully  withheld  i>604. 

Has  jurisdiction    in  action  on  woodchop- 

per's  lien  2230. 

lias  jurisdiction  of  violation  of  city  ordi- 
nances 886. 

If  justice  material  witness,  place  of  trial 
of  action  in  justice's  court  may  be 
changed  or  another  justice  called  5716. 
If  two  or  more  justices  equally  entitled 
to,  district  judge  to  certify  who  is  suc- 
cessor 0X07. 

If  vacancy  by  death  or  removal,  docket 
and  papers  to  be  delivered  to  other  jus- 
tice or  county  clerk  5804. 
Impost,    if   legality    involved   in   justice's 
court,  case  to  be  transferred  to  district 
court  for  trial  5721. 
Imprisonment,  what  may  be  imposed  by 

justice's  court  for  contempt  5798. 
Incompetent  person  as  party,  how  guard- 
ian ad  litem  appointed  in  civil  action  in 
justice's  court  5726. 
Index  to  docket  in  justice's  court  required 

to  be  kept  5802. 

Infant,  as  party,  how  guardian  ad  litem 
appointed  in  civil  action  in  justice's 
court  5726. 

Under  14  years  of  age  may  apply  for 
appointment  of  guardian  ad  litem  in 
civil  action  in  justice's  court  5726. 
Insane  person  as  party,  how  guardian  ad 
litern  appointed  in  civil  action  in  jus- 
tice's court  5726. 
Inspection   of   written    instrument,   order 

for  in  justice's  court  5769. 
Instrument,  copy  of  as  complaint  in  jus- 
tice's court  5736. 
When  justice's  court  may  make  order 

for  inspection  of  5769. 
Written,    when    admitted    in    justice's 
court  unless  denied  by  verified  answer 
5770. 
Issue,  of  fact,  how  tried  in  justice's  court 

5765. 

Of  law  in  justice's  court  must  be  tried 
by  court  5764. 


Civil  practice 


INDEX 


2240 


Justice's  court,  issue  of  fact — continued. 
Regarding  title  to  real  property  or  le- 
gality of  tax,  impost,  assessment,  toll 
or  municipal  fine  not  to  be  tried  in 
justice's  court,  transfer  for  of  from 
justice's  court  to  district  court  5721. 
Issues,  in  civil  action  in  justice's  court, 

disposition  of  5756. 

Of  law  and  fact  in  justice's  court  de- 
nned 5761-5763. 

Judge,  when  "justice"  to  be  substituted 
for  in  sections  relating  to  attachment 
5752. 

Judgment,  after  demurrer  overruled  and 
failure  to  answer  in  justice's  court 
5755. 

By  confession  may  be  entered  in  jus- 
tice's court  5771. 

Entry  of  in  justice's  court  docket  5800. 
Final  process  on  may  be  issued  by  jus- 
tice of  the  peace  to  any  part  of  county 
5808. 
How  entered  in  civil  action  in  justice's 

court  5775. 

In  justice's  court,  abstract  filed  in  re- 
corder's office  creates  lien  on  lands 
5782. 

Abstract  of  may  be  obtained  and  en- 
tered   in    docket    of    district   court 
and  execution  issue  to  other  coun- 
ties 5779,  5780,  5781. 
Form  of  abstract  5779. 
If  amount  found  due  exceeds  juris- 
diction, party  may  remit  excess  5776. 
Taken    by    mistake,    inadvertence   or 
excusable  neglect  may  be  set  aside 
5742. 
To  be  entered  at  close  of  trial  if  no 

jury  5774. 
To  be  entered  at  once  in  conformity 

to  verdict  5773. 
To  include  costs  5778. 
Waiver   of   objection   that   action    is 

in  wrong  township  5772. 
What  notice  of  appeal  must  contain 

5788.' 
In  justice's  court  in  civil  action,  to  state 

arrest  of  defendant  5775. 
Justice's  court  may  enter  on  confession 
if  amount  does  not  exceed  $300  ex- 
clusive of  interest  5714. 
Not    invalid    except    on    appeal    when 
taken    after   overruling   objection    in 
justice's  court  that  action  is  in  wrong 
township  5772. 

Of  dismissal  without  prejudice  may  be 
entered  in  justice's  court  in  certain 
cases  5772. 

Offer  to  allow  in  justice's  court  not  ad- 
missible   in    evidence    when    further 
costs  not  recoverable  5777. 
On  conviction  of  contempt  in  justice's 

court  to  be  entered  in  docket  5799. 
Rendered  on  appeal  from  justice's  court 
has  same  force  as  other  judgments  in 
district  court  5794. 

Undertaking  for  payment  of  if  adjourn- 
ment for  more  than  ten  days  in  jus- 
tice's court  5760. 

When  defendant  fails  to  appear  in  jus- 
tice's court  5754. 


Justice's  court,  judgment — continued. 

Jurisdiction,  duties  of  justice  of  the  peace 
and  constable,  local  or  special  laws 
invalid  (Nev.  Const,  art.  iv,  sec.  20) 
278. 

In  justice's  court,  if  amount  found  due 
exceeds,  party  may  remit  excess  5776. 

Justice  of  the  peace  may  act  in  behalf 
of  another  in  case  of  sickness  or  ab- 
sence 5811. 

Justice's  court  to  which  civil  action  is 
transferred  has  same  5719,  5720. 

Of  action  by  county  against  person  for 
support  of  poor  kindred  2916,  2917. 

Of  action  for  collection  of  taxes  where 
amount  does  not  exceed  $300,  in  jus 
tice's  court  5714. 

Of  action  for  delinquent  taxes  for  im- 
provement of  streets  in  unincorpo- 
rated town  934. 

Of  action  for  possession  of  lands  unlaw- 
fully obtained  or  withheld  in  justice's 
court  5714. 

Of  action  involving  title  to  real  prop- 
erty does  not  lie  in  justice's  court  5714. 

Of  action  to  enforce  mechanic's  lien, 
justice's  court  does  not  have  5714. 

Of  action  to  recover  personal  property 
where  value  does  not  exceed  $300,  in 
justice's  court  5714. 

Of  action  where  relation  of  landlord 
and  tenant  exists  in  justice's  court 
5714. 

Of  district  court  on  transfer  of  case 
from  justice's  court  5721. 

Of  justice's  court  in  cases  of  forcible 
entry  and  detainer  5721. 

Of  justice's  court  in  civil  cases  5714. 

Of  justices  of  the  peace  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

To  enter  judgment  by  confession  when 
amount  exclusive  of  interest  does  not 
exceed  $300,  in  justice's  court  5714. 

What  provisions  of  civil  practice  act  are 

applicable  to  justice's  court  5815. 
Jurors'  fees  2001,  2013. 
Jurors,  names  of  to  be  entered  in  justice's 

court  docket  5800. 

Jury,  demand  for,  entry  to  be  made  in 
justice's  court  docket  5800. 

Demand  for  in  civil  action  in  justice's 
court,  postponement  of  trial  5757. 

How  summoned  and  challenged,  num- 
ber of  challenges,  in  civil  action  in 
justice's  court  5768. 

In  civil  action  in  justice's  court,  parties 
may  consent  to  number  not  more  than 
twelve  nor  less  than  four  5678. 

Three-fourths  in  civil  cases  may  render 
verdict,  but  legislature  by  two-thirds 
vote  may  require  unanimous  (Nev. 
Const,  art.  i,  sec.  3)  232. 

Trial  by  secured  but  may  be  waived  in 
civil  cases  (Nev.  Const,  art.  i,  sec  3) 
232. 

Trial,  in  civil  action  in  justice  s  court, 
how  waived  5766. 

Trial,  to  be  had  in  justice's  court  unless 

waived  5765. 

Justice,  duties  imposed  on  extended  to  in 
actions  for  claim  and  delivery  in  jus 
tice's  court  5753. 


2241 


INDEX 


Civil  practice 


Justice's  court — continued. 

How  to  issue  subpena  requiring  attend- 
ance out  of  court  5432. 

May  administer  oath  or  affirmation  5483. 

May  take  affidavit  to  be  used  in  this 

state  5450. 

-Justice,"  to  be  substituted  for  "judge"  In 
proceedings  supplementary  to  execu- 
tion in  justice's  court  5787. 

When  to  be  substituted  for  "judge"  in 
sc.-tioiis  relating  to  attachment  5752. 

When  substituted  for  word  "judge"  in 
sections  relating  to  publication  of 
summons  5732. 

Justice's  court,  abstract  of  judgment  filed 
in  recorder's  office  creates  lien  on 
lands  5782. 

Abstract  of  judgment  may  be  obtained 
and  entered  in  docket  of  district 
court  and  execution  issue  to  other 
counties  5779-5871. 

Adion.  for  claim  and  delivery  5124, 
5135,  5753. 

Action  for  possession  of  real  property 
may  be  maintained  on  tax  deed  3666. 

Action,  power  of  district  court  on  appeal, 
dismissal,  damages,  costs  5794. 

Action,  who  entitled  to  costs  5813. 

Affidavit  of  evidence  expected  to  be  ob- 
tained on  application  for  postpone- 
ment in  civil  action  5759. 

Amendment  to  pleadings,  adjournment, 
costs,  relief  from  judgment  by  denial 
5742. 

Answer  and  what  to  contain  5735,  5738. 

Answer  or  demurrer  allowed  to  amended 
pleadings  574.",. 

Appeal  from  disregarded  upon  failure 
of  sureties  to  justify  5792. 

Appeal  on  questions  of  fact  or  both  law 
and  fact,  no  statement  but  trial  anew 
5790. 

Appeal  to  district  court,  when  will  be 
dismissed,  D.  C.  rule  xxxvii,  p.  1430. 

Arrest  of  defendant,  must  give  under- 
taking before  applying  for  postpone- 
ment in  civil  action  5759. 

Civil  action,  copy  of  note  or  instrument 
admitted  unless  denied  by  verified 
answer  5770. 

Civil  action,  how  commenced  in  5722. 

Civil  action,  to  be  continued  without 
adjournment  5756. 

Civil  action,  when  consent  to  taking  of 
testimony  or  admission  that  it  would 
be  given  avoids  postponement  5759. 

Complaint  defined  and  what  to  contain 
5736. 

Constable  not  to  charge  for  written 
return  2041. 

Conviction  of  contempt  to  be  entered 
in  docket  5799. 

Court  to  which  civil  action  may  be 
changed  5718. 

Defendant  may  waive  summons  5724. 

Demurrer  to  complaint  in  civil  action 
5735,  5737. 

Deposit  may  be  made  in  lieu  of  under- 
taking in  all  cases  5816. 

Docket,  alphabetical  index  required  to 
be  kept  5802. 


Justice's  court — continued. 

Docket,  another  justice  may  attend  and 

make  entries  in  case  of  sickness  or 

absence  5811. 
Docket,  entries  to  be  made  the  time  they 

occur  5801. 
Docket,  or  certified  transcript,  entries 

prinia  facie  evidence  5801. 
Docket,  what  entries  to  be  made  5800. 
Entry  of  judgment  after  demurrer  over- 
ruled and  failure  to  answer  5755. 
Entry  to  be  made  in  docket  of  date  of 

trial   or  hearing  and  mailing  notice 

5733. 
Evidence  regarding  forcible  entry  and 

detainer  may  be  given  572jL. 
Execution,  duty  of  officer  receiving  5786. 
Execution    may    be    renewed    or    alias 

issued  5785. 
Execution  to  issue  by  county  clerk  to 

other  counties  on   abstract  of  judg- 
ment from  justice's  court  docketed  in 

district  court  5781. 
Execution,  what  must  contain  5784. 
Execution,   when   may  be  issued,   stay 

5783. 

Fees  of  jurors  2001. 
How  guardian  ad  litem  appointed  when 

necessary  5726. 

How  jury  waived  in  civil  action  5766. 
How  to  enter  judgment  in  civil  action 

5775. 

If  amount  found  due  exceeds  jurisdic- 
tion, party  may  remit  excess  5776. 
If  defendant  fails  to  set  up  counter- 
claim he  cannot  afterwards  sue  5739. 
If  place  of  trial  ordered  changed,  parties 

may  agree  upon  court  5718. 
In  case  of  disability  of  justice  another 

may  attend  in  his  behalf  5811. 
In  cases  appealed  from,  district  court 

has  final  appellate  Jurisdiction  (Nev. 

Const,  art.  vi,  sec.  6)  321. 
Issue  of  fact  to  be  tried  by  jury  unless 

waived  5765. 

Issues  of  law  and  fact  defined  5761-5763. 
Judgment  by  default  5754,  5755. 
Judgment  to  include  costs  5778. 
Jurisdiction  of  (Nev*.  Const,  art.  vi,  sec. 

8)  323. 
Jurisdiction   of   in   action  to   foreclose 

lien  2227. 
Jurisdiction  of  in  cases  of  forcible  entry 

and  detainer  5721. 
Jurisdiction    in    possessory    actions   on 

public  lands  5855. 
Legislature   may    prescribe   method   of 

appeal  from  (Nev.  Const,  art.  vi,  sec. 

8)  323. 
Limitation   of   service  of   summons   in 

civil  action  5731. 
May  allow  amendment  of  complaint  or 

answer  5741. 
May  be  compelled  by  district  court  to 

transmit  papers  on  appeal  5791. 
May  dismiss  action  without  prejudice 

in  certain  cases  5772. 
May  enter  judgment  by  confession  in 

civil  action  5771. 
May    issue    alias    summons,    time    for 

appearance  5729,  5730. 


Civil  practice 


INDEX 


2242 


Justice's  court — continued. 

May  issue  subpenas  and  final  process  to 
any  part  of  county  5808. 

May  order  execution  in  officer's  own 
name  for  unpaid  fees  2027. 

May  require  deposit  or  undertaking  as 
security  for  costs  before  issuing  sum- 
mons 5812. 

May  set  aside  judgment  taken  by  mis- 
take, inadvertence  or  excusable  neg 
lect  5742. 

Mileage  of  constable  computed  for 
actual  distance  traveled  2040. 

No  adjournment  to  be  for  more  than 
ten  days  unless  upon  undertaking 
conditioned  for  payment  of  judgment 
5760. 

Not  to  hear  evidence  regarding  title  of 
real  property  or  legality  of  tax,  im- 
post, assessment,  toll  or  municipal 
fine  5721. 

Notice  of  hearing  after  service  of  sum- 
mons or  appearance  5733. 

Notice  of  time  of  trial  on  change  of 
place  of  in  civil  action  5719. 

Offer  to  allow  judgment  not  admissible 
in  evidence,  when  further  costs  not 
recoverable  5777. 

Parties  entitled  to  one  hour  in  which  to 
appear  after  time  fixed  in  notice  5733. 

Parties  may  appear  in  person  or  by 
attorney  5725. 

Per  diem  of  jurors  2013. 

Place  of  trial  maybe  changed  or  another 
justice  called  in  certain  cases  5716, 
5718. 

Place  of  trial  of  civil  actions  5715. 

Place  of  trial,  schedule  of  sections  5715. 

Pleadings  and  form  of,  entry  of  sub- 
stance of  oral  in  docket  5734,  5735. 

Postponement  of  trial  by  consent  in 
civil  action  5758. 

Proceedings  after  order  changing  place 
of  trial  5710. 

Proceedings  for  contempt,  immediate 
view  and  presence  5796. 

Proceedings  for  contempt  not  in  imme- 
diate view  and  presence  5797. 

Proceedings  on*  demurrer  to  complaint 
or  answer  5741. 

Provisions  regarding  witness  fees  2000. 

Provisions  relating  to  supplementary 
proceedings  in  district  court  applica- 
ble 5787. 

Publication  of  process  or  paper,  officer 
to  be  paid  cost  in  advance  2026. 

Summoning  and  challenging  of  jurors 
in  civil  action  5768. 

Summons  in  civil  action,  how  issued, 
directed  and  what  to  contain  5727. 

Summons,  by  whom  and  how  served 
and  returned  5732. 

Summons,  how  served  by  publication 
5732. 

Summons  to  be  served  out  of  town  to 
have  certificate  of  county  clerk  under 
seal  attached,  how  returned  5732. 

Time  to  be  specified  in  summons  for 
appearance  of  defendant  5728. 

To  enter  judgment  at  close  of  trial  if 
no  jury  5774. 


Justice's  court — continued. 

To  enter  judgment  at  once  in  conform- 
ity to  verdict  5773. 

To  fix  time  for  trial  of  civil  action  5733. 

To  indorse  date  of  filing  of  complaint 
in  civil  action  5723. 

To  make  order  for  summoning  of  jurors 
in  civil  action  5768. 

To  try  issue  of  law  5764. 

To  which  civil  action  is  transferred  has 
same  jurisdiction  5719. 

Transfer  of  cases  to  district  court  5721. 

Trial  in  civil  action  to  proceed  on  fail- 
ure of  either  party  to  appear  5767. 

Voluntary  appearance  and  pleadings  of 
parties  without  summons  5715. 

Waiver  of  objection  that  action  is  in 
wrong  township  5772. 

What  acts  punishable  as  contempts 
5795. 

What  papers  to  be  transmitted  to  dis- 
trict court  on  appeal  5791. 

What  provisions  of  civil  practice  act 
applicable  5815. 

What  punishment  may  be  imposed  for 
contempts  5798. 

What  statement  on  appeal  on  questions 
of  law  alone  must  contain  amend- 
ments and  settlement  5789. 

When  admission  in  civil  action  that  evi- 
dence would  be  given  avoids  post- 
ponement 5759. 

When  and  where  held,  always  open, 
jurisdiction  in  civil  cases  5714. 

When  defendant  subject  to  arrest  in 
civil  action  on  execution  5759. 

When  may  make  order  for  inspection  of 
written  instrument  and  delivery  of 
copy  5769. 

When  may  of  its  own  motion  postpone 
trial  in  civil  action  5757. 

When  place  of  tria.  cannot  be  changed 
more  than  once  on  motion  of  samp 
party  5717. 

When  plaintiff  may  demur  to  answer 
5740. 

When  postponement  discharges  defend- 
ant from  arrest  in  civil  action  5759. 

When  to  certify  pleadings,  transfer  of 
case  to  district  court  for  trial  5721. 

WThen  to  order  defendant  discharged 
on  giving  undertakings  on  applica- 
tion for  postponement  in  civil  action 
5759. 

When  trial  must  be  commenced  and 
how  continued  5756. 

Writ  of  attachment,  certain  sections 
made  applicable  5752. 

Writ  of  attachment,  for  service  in  an- 
other county  to  have  certificate  of 
county  clerk  57  51. 

Justice  of  the  peace,  court  fee  to  be  paid 
on  appeal  from  2031. 

Disability  of,  may  call  other  to  act  4926. 
5811. 

Disobedience  of  writ  is  contempt  5394, 
5395. 

Disqualification  to  act,  grounds  of  4865. 

Duties  in  relation  to  estray  animals 
2274-2282. 


2243 


INDEX 


Civil  practice 


Justices  of  the  peace — continued. 

Election  contest  for  member  of  the  legis- 
lature, to  issue  subpena  for  taking 
depositions,  may  attach  and  fine  wit- 
ness, certification  of  testimony  to 
county  clerk  1819. 

Fees  in  counties  polling  over  800  votes 
2015. 

Fees  of  in  proceedings  relating  to 
apprentices  494. 

Fees  when  not  over  800  votes  in  county 
2003. 

Has  jurisdiction,  concurrent  with  dis- 
trict judge,  in  action  for  possession 
where  relation  of  landlord  and  tenant 
exists  or  possession  unlawfully  with- 
held 5604. 

Has  jurisdiction  in  action  on  woodchop- 
pers  lien  2230. 

Has  jurisdiction  of  violation  of  city 
ordinances  886. 

If  material  witness,  place  of  trial  of 
action  in  justice's  court  may  be 
changed  or  another  justice  called 
5710. 

If  two  or  more  equally  entitled  district 
judge  to  certify  who  is  successor  5807. 

If  vacancy  by  death  or  removal  docket 
and  papers  to  be  delivered  to  other 
justice  or  county  clerk  5804. 

Jurisdiction  of  action  by  county  against 
person  for  support  of  poor  kindred 
I'M  Hi,  L'917. 

Jurisdiction  of  action  for  delinquent 
taxes  for  improvement  of  streets  in 
unincorporated  town  934. 

Legislature  to  determine  number  and 
1  towers  of,  limitation  of  jurisdiction 
(  Xev.  Const,  art.  vi,  sec.  8)  :\'2:\. 

Legislature  to  prescribe  method  of 
appeal  from  justice's  court  (Nev. 
Const,  art.  vi,  sec.  8)  323. 

Local  or  special  laws  relating  to  juris- 
diction and  duties  invalid  (Nev.  Const, 
art.  iv,  sec.  20)  278. 

May  administer  oath  or  affirmation  5483. 

May  certify  to  transcript  of  docket  5801. 

May  indorse  order  of  arrest  on  sum- 
mons in  civil  action  5744. 

May  issue  alias  process  for  restoration 
of  possession  of  land  after  conviction 
of  contempt  for  reentry  5394,  5395. 

May  issue  citation  for  discovery  of  per- 
sonal property  on  which  taxes  delin- 
quent 3679. 

May  issue  execution  or  other  process 
on  docket  of  predecessor  5805. 

May  take  affidavit  to  be  used  in  this 
state  5450. 

May  take  and  certify  to  affidavit  for 
examination  of  books  of  assayer,  mill 
or  purchaser  of  ore,  gold  dust  or  bul- 
lion 2484. 

May  take  deposition  on  postponement  of 
civil  action  5759. 

Must  deliver  to  successor  docket  and 
papers  5803. 

Must  fill  blanks  in  all  papers  before 
issuance,  except  subpenas  5809. 

Or  judge  of  police  court,  jurisdiction 
in  action  against  party  failing  to 
fence  dangerous  excavation  3235,  3237. 


Justices  of  the  peace — continued. 

Out  of  state  may  take  deposition  5459. 
Proceedings  before  to  set  aside  coven- 
ants of  apprenticeship  493. 
Recovery  before  of  penalty  for  failure 

of  officer  to  post  table  of  fees  2025. 
Successor  of  predecessor  notwithstand- 
ing change  of  county  boundary  i>805. 
To  act  in  proceedings  for  erection  of 

partition  fences  3605,  3606. 
To  act  in  regard  to  breach  of  contract 

of  apprenticeship  490-492. 
To  order  proper  credit  on  judgment  on 

release  of  joint  debtor  5848. 
To  receive  all  moneys  collected  by  sher- 
iff or  constable  and  pay  same  to  par- 
ties entitled  5810. 
To  summon  master  and  jurors  in  action 

for  abuse  of  apprentices  490,  491. 
To  take  depositions  on  contest  for  mem- 
bers of  the  legislature  1818,  1819. 
To  transmit  to  clerk  of  district  court 
money  deposited  in  lieu  of  undertak- 
ing on  appeal  57!  n.'. 

When  defendant  arrested  in  civil  action 
to  be  taken  before,  when  before  an- 
other justice  5746. 

When  may  make  order  for  inspection  of 
mine     by     stockholder,     registration, 
oath,  fee  2492,  2495. 
When  may  order  child  transferred  to  dis- 
trict court  under  juvenile  court  law  741. 
When  one  may  act  for  another,  also  as 

registry   agent    4926. 
When    to    issue   writ    of  attachment  in 

civil  action  5749,  r>7 .'»<>. 
When  to  pay  to  county  treasurer  sur- 
plus   money    in    action    on    lien    for 
charges  on  animals  r,.">00. 
When  to  order  arrest  of  defendant  in 

civil  action  5744. 

Without  jurisdiction  if  demand  exceeds 
$300  exclusive  of  interest  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Without  jurisdiction  if  title  to  real  es- 
tate, mining  claim  or  boundaries  to 
land  involved  or  if  case  conflicts  with 
jurisdiction  of  court  of  record  (Nev. 
Const,  art.  vi,  sec.  8)  323. 
Who  successor  of  5806,  5807. 
Justification   of   sureties   on   undertaking 

on  appeal  from  justice's  court  5792. 
Justification   of   sureties   to   undertaking 
for  attachment  in  justice's  court  5750. 
Landlord  and  tenant,  action  for  possession, 

justice's  court  has  jurisdiction  5714. 
Landlord  and  tenant,  where  relation 
exists  legislature  may  confer  power  on 
justice's  courts  in  actions  for  possession 
or  where  possession  has  been  unlaw- 
fully obtained  or  withheld  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Lands  and  tenements,  action  for  posses- 
sion of  where  relation  of  landlord  and 
tenant  exists,  justice's  court  has  juris- 
diction 5714. 

Lands  and  tenements,  legislature  may 
confer  power  on  justice's  court  in  action 
for  possession  of  where  relation  of  laud- 
lord  and  tenant  exists,  or  where  posses- 
sion has  been  unlawfully  obtained  or 
withheld  (Nev.  Const,  art.  vi,  sec.  8)323. 


Civil  practice 


INDEX 


2244 


Justices  of  the  peace — continued. 

Land  and  tenements,  unlawfully  obtained 
or  withheld,  justice's  court  has  juris- 
diction 5714. 
Law,  issue  of,  how  tried  in  justice's  court 

5764. 
Law,   issue  of  in  justice's  court  defined 

5761,  5763. 

Law,  raises  issue  of  fact  on  allegation  of 
new  matter  in  answer  in  justice's  court 
without  reply  5763. 

Legislature  may  confer  on  justice's  court 
jurisdiction  concurrent  with  district 
court  in  certain  actions  relating  to 
mechanic's  liens  and  for  possession  of 
lands  and  tenements  where  relation 
of  landlord  and  tenant  exists  or  pos 
session  unlawfully  obtained  or  with- 
held (Nev.  Const,  art.  vi,  sec.  8)  323. 
May  prescribe  regarding  appeals  from 
justice's  court  (Nev.  Const,  art.  vi, 
sec.  8)  323. 

Members  of  exempt  from  arrest  under 
civil  process  during  session  and  for 
fifteen  days  before  (Nev.  Const,  art. 
iv,  sec.  11)  269. 

To  determine  number  and  powers  of 
justices  of  the  peace  (Nev.  Const,  art. 
vi,  sec.  8)  323. 

Libel,  if  true  and  made  with  good  motive 
jury  may  exonerate  (Nev.  Const,  art.  i, 
sec.  9)  238. 

Lien,  abstract  of  judgment  in  justice's 
court  filed  in  recorder's  office  creates 
lien  on  lands  5782. 

Lien,  mechanic's,  action  for  enforcement 
where  amount  does  not  exceed  $300  ex 
elusive  of  interest,  justice's  court  does 
not  have  jurisdiction  5714. 
Lien,  mechanic's,  legislature  may  confer 
power  on  justice's  court  to  enforce  in 
certain  cases  (Nev.  Const,  art  vi,  sec.  8) 
323. 

Lien  on  personal  property,  action  to  en- 
force in  justice's  court,  limitation  of 
service  of  summons  5731. 
Mechanic's  lien,  action  for  enforcement 
where  amount  does  not  exceed  $300  ex- 
clusive of  interest,  justice's  court  does 
not  have  jurisdiction  5714. 
Mechanic's  lien,  legislature  may  confer 
power  on  justice's  court  to  enforce  in 
certain  cases  (Nev.  Const,  art.  vi,  sec.  8) 
323. 

Mining  claim,  action  involving  title,  juris- 
diction does  not  lie  in  justice's  court 
5714. 

Mining  claims,  trial  of  title  to,  not  within 
jurisdiction  of  justice's  court  ( Nev.  Const, 
art.  vi,  sec.  8)  323. 

Money,  collected  by  sheriff  or  constable, 
when  to  be  paid  to  justice  of  the  peace 
and  by  him  to  parties  entitled  5810. 
Money,  entry  of  judgment  upon  by  default 

in  justice's  court  5754. 
Motion  for  change  of  place  of  trial  in  jus- 
tice's court  5716. 

Motion  to  change  place  of  trial  in  justice's 
court,  when  cannot  be  more  than  once 
by  same  party  5717. 

Motion,  when  justice's  court  may  of  its 
own  postpone  trial  5757. 


Justices  of  the  peace — continued. 

Motions,  minutes  of  to  be  entered  in  jus- 
tice's court  docket  5800. 
Municipal  fine,  if  legality  of  involved  in 
justice's  court,  case  to  be  transferred 
to  district  court  for  trial  5721. 
New   matter,    in   answer   raises   issue  of 

fact  in  justice's  court  5763. 
New  trial,  when  district  court  may  order 

on  appeal  from  justice's  court  5794. 
Note,   copy   of  as   complaint   in  justice's 

court  5736. 

Note,    promissory,    or    other    instrument, 
when  admitted  in  justice's  court  unless 
denied  by  verified  answer  5770. 
Notice  of  appeal,  from  judgment  in  jus- 
tice's court,  what  must  contain  5788. 
Notice  of  appeal,  receipt  of,  entry  in  jus- 
tice's court  docket  5800. 
Notice  of  hearing  in  justice's  court  after 
service  of  summons  or  appearance  5733. 
Notice  of  hearing  in  justice's  court,  par- 
ties entitled  to  one  hour  in  which  to 
appear  after  time  fixed  in  5733. 
Notice  of  time  and  place  of  trial  to  be 
issued  by  justice's  court  on  transfer  of 
civil  action,  service  5719. 
Notice  on  exception  to  or  justification  of 
sureties   on   undertaking  on   appeal    in 
justice's  court  5792. 

Oath,    answer    under    must    specifically 
deny    or    written    instrument    will    be 
admitted  in  justice's  court  5770. 
Oath,    necessity   for   adjournment   to   be 
shown  under  on  amendment  of  plead- 
ings in  justice's  court  5742. 
Oath  or  verified  answer  showing  grounds 
for  transfer  of  case  from  justice's  court 
to  district  court  5721. 
Objections  made  in  justice's  court,  either 
party  may  have  benefit  of  on  appeal  5791. 
Offer,  to  allow  judgment  in  justice's  court 
not  admissible  in  evidence  when  fur- 
ther costs  not  recoverable  5777. 
Oral, what  pleadings  maybe  in  civil  action 

in  justice's  court  5734. 
Order,  by  district  court  for  transmission 
of  papers  by  justice's  court  on  appeal, 
service,  fine  5791. 
Disobedience  of  punishable  as  contempt 

in  justice's  court  5795. 
For  inspection  and  furnishing  copy  of 
written  instrument  in  justice's  court 
5759. 

Of  arrest,   if  indorsed  on  summons  in 
justice's  court  to  be  returnable  forth- 
with 5728. 
Of  arrest,  in  civil  action  to  be  entered 

in  justice's  docket  5800. 
Of  arrest  of  defendant  in  certain  civil 

actions  in  justice's  court  5744. 
Of  arrest  of  defendant  in  civil  action  in 
justice's  court,  affidavit  and  undertak- 
ing 5745. 

Of  court  for  payment  of  money  trans- 
mitted   in    lieu    of    undertaking    on 
appeal  from  justice's  court  5792. 
Of    justice's    court    adjudging    person 

guilty  of  contempt  5796. 
Of  justice's  court  for  summoning  jurors 
in  civil  action  5768. 


2245 


INDEX 


Civil  practice 


Justices  of  the  peace — continued. 
Papers,  all  blanks  must  be  filled  in  by 

justice  of  the  peace  before  issuance 

except  subpenas  5809. 
District  court  may  compel  transmission 

of  by  justice's  court  on  appeal,  serv- 
ice of  order,  fine  5791. 
Transmission  of  on  change  of  place  of 

trial  of  civil  action  in  justice's  court 

5719. 
What  to  be  transmitted  by  just  ice's  court 

on  appeal  to  district  court  5791. 
Parties,   infant  or  insane,  how  guardian 

ad  liteni  appointed  in  civil  action  in 

justice's  court  5726. 
May  agree  to  postponement  of  civil  ac- 
tion in  justice's  court  5758. 
May  appear  in  person  or  by  attorney  in 

justice's  court  5725. 
May  waive  triai  by  jury  in  civil  action 

in  justice's  court  5766. 
Names  of  to   be   kept'  in   alphabetical 

index  to  docket  in  justice's  court  5802. 
To  action  in  justice's  court,  entitled  to 

one  hour  in  which  to  appear  after 

time  fixed  in  notice  5733. 
Peace,  breach  of,  when  punishable  as  con- 
tempt in  justice's  court  5795. 
Penalty,  justice's  court  has  jurisdiction  if 
amount  does  not  exceed  $300,  exception 
5714. 

Person,  over  20  years  of  age  and  not  party 
may  serve  summons  in  civil  action  in 
justice's  court  5732. 

Personal  property,  action  for  claim  and 
delivery  in  justice's  court  5124,  5135, 
5753. 

Personal  property,  action  to  recover,  jus- 
tice's court  has  jurisdiction  if  value 
does  not  exceed  $300  5714. 
Personal  property,  township  in  which  ac- 
tion for  to  be  brought  in  justice's  court 
5715. 

Plaintiff,  notice  to  be  given  to  of  arrest 
of  defendant  in  civil  action  in  justice's 
court  5747. 
'   Pleading,  defendant  may  file  in  justice's 

court  and  waive  summons  5724. 
In  justice's  court,  issues  of  law  and  fact 

defined  5761,  5763. 
In  justice's  court,  what  are  and  form 

of  5734,  5735. 
Minute  of  to  be  entered  in  justice  court 

docket  5800. 
When  postponement  of  trial  allowed  for 

amendment  of  in  action  in  justice's 

court  5757. 
When  to  be  certified  by  justice's  court 

on  transfer  of  case  to  district  court 

for  trial  5721. 

Without  summons  in  justice's  court  5715. 
Possession  of  lands  or  tenements,  legis- 
lature may  confer  power  on  justice's 
court  in  action  for  where  relation  of 
landlord  and  tenant  exists  or  where 
possession  has  been  unlawfully  obtained 
or  withheld  (Nev.  Const,  art.  vi.  sec.  8) 
323. 

Possession,  where  relation  of  landlord  and 
tenant  exists  or  if  unlawfully  retained 
or  withheld,  justice's  court  has  juris- 
diction 5714. 


Justices  of  the  peace — continued. 
Postponement,  defendant  under  arrest  in 
civil   action    in   justice's   court   must 
give  undertaking  before  applying  for 
5759. 

In  civil  action  in  justice's  court,  consent 
to  taking  testimony  of  witness  5759. 

In  justice's  court,  not  to  be  for  more 
than  ten  days  unless  upon  undertak- 
ing conditioned  for  payment  of  judg- 
ment 5760. 

Of  civil  action  in  justice's  court,  affi- 
davit of  evidence  expected  to  be  ob- 
tained 5759. 

Of  civil  action  in  justice's  court,  avoided 
by  admission  that  evidence  would  be 
given  5759. 

Of  trial,  by  consent  in  civil  action  in 
justice's  court  5758. 

Of  trial,  in  civil  action  in  justice's  court 
on  court's  own  motion  5757. 

Of  trial,  upon  application  of  party  in 
civil  action  in  justice's  court,  grounds, 
procedure  5759. 

When  justice's  court  must  order  defend- 
ant discharged  from   arrest   in   civil 
action  on  giving  undertaking  5759. 
Proceedings,  supplementary  to  execution, 

provisions  relating  to  district  court  are 

applicable  to  justice's  court  5787. 
Process,  civil,  members  of  legislature  ex- 
empt from  arrest  under  during  ses- 
sion and  for  fifteen  days  before  (Nev. 
Const,  art.  iv,  sec.  11)  269. 

Justice  of  the  peace  may  issue  upon 
docket  of  predecessor  5805. 

May  be  issued  by  justice  of  the  peace 

to  any  part  of  county  5808. 
Promissory    note,    or    other    instrument, 

when  admitted  in  justice's  court  unless 

denied  by  verified  answer  5770. 
Provisional    remedies   in   justice's  courts 

5744. 
Public  records,  docket  and  papers  must 

be  delivered  by  justice  of  the  peace  to 

successor  5803. 

Publication  of  summons  in  action  in  jus- 
tice's court  5732. 

Real  property,  action  for  possession  where 
relation  of  landlord  and  tenant  exists, 
justice's  court  has  jurisdiction  5714. 

Action  involving  title,  jurisdiction  does 
not  lie  in  justice's  court  5714. 

Title  of  if  involved  in  justice's  court 
case  to  be  transferred  to  district  court 
for  trial  5721. 

Trial  of  title  to,  not  within  jurisdiction 
of  justice's  court  (Nev.  Const,  art.  vi, 
sec.  8)  323. 
Relief,   demand   for   to   be   contained   in 

summons  in  justice's  court  5727. 
Religious  belief,  witness  shall  not  be  ren- 
dered incompetent  on  account  of  (Nev. 

Const,  art.  i,  sec.  4)  233. 
Renewal  of  execution,   in  justice's  court 

5785. 
Reply  not  required  in  justice's  court,  law 

raises  issue  of  fact  upon  new  matter  in 

answer  5763. 
Return,   on  arrest  of  defendant   in  civil 

action  in  justice's  court  5747. 


Civil  practice 


INDEX 


2246 


Justices  of  the  peace — continued. 

Return    on    summons    in    justice's    court 

served  in  another  county  5732. 
Seal  and  certificate  of  county  clerk  to  be 
attached  to  summons  to  be  served  out 
of  town  in  civil  action  in  justice's  court 
5732. 

Seal   and   certificate  of  county   clerk,   to 
writ  of  attachment  in  justice's  court  for 
service  in  another  county  5751. 
Search  and  seizure,  not  to  take  place  ex- 
cept   on   probable   cause    supported    by 
oath  and  particulars  (Nev.  Const,  art 
i,  sec.  18)  '241. 
Service,  of  notice  of  hearing  in  justice's 

court   after   service   of   summons   or 

appearance  5755. 
Of  notice  of  time  and  place  of  trial  on 

transfer   of  civil   action   in   justice's 

court  5719. 
Of  summons  by  publication  in  justice's 

court  5732. 
Of  summons  in  action  in  justice's  court 

limitation  on  5731. 
Of  summons  in  civil  action  in  justice's 

court,  if  out  of  town  certificate  and 

seal  of  county  to  be  attached  5732. 
Of  summons  in  justice's  court,  by  whom 

and  how  made  5732. 
Of  summons,  proof  of  before  judgment 

by  default  in  justice's  court  5754. 
Sheriff,  duties  of  on  receiving  execution 

from  justice's  court  5786. 
May  serve  summons  in  action   in  jus- 
tice's court  5732. 
Several  writs  of  attachment  in  justice's 

court  may  be  issued  to  different  5751. 
To   detain   defendant  arrested   in   civil 

action    in    justice's    court    until    dis- 
charged by  justice  5748. 
To    give    notice    and    make    return    on 

arrest  of  defendant  in  civil  action  in 

justice's  court  5747. 
To  pay  moneys  collected  on  execution 

of  process  to  justice  of  the  peace  5810. 
When  may  arrest  deiendant  in  civil  ac- 
tion in  justice's  court  5744. 
When  to  relinquish  property  on  stay  of 

execution    on    appeal    from    justice's 

court  5793. 
When   to   take   defendant   arrested    in 

civil  action  in  justice's  court  before 

another  justice  5746. 

"Sheriff,"  when  word  "constable"  is  to  be 
substituted  for  in  certain  sections  re- 
lating to  attachment  5752. 
Sickness  of  justice  of  the  peace,  anothei 

may  attend  on  his  behalf  5811. 
Signature  of  makers  of  note  or  instrument 
admitted  in  justice's  court  unless  denied 
by  verified  answer  5770. 
Statement  on  appeal  on  questions  of  fact 
or   both   law    and   fact   from    justice's 
court,  judgment  not  required  5790. 
Statement  on  appeal  on  questions  of  law 
alone  from  judgment  in  justice's  court, 
what    must    contain,    amendments    and 
settlement  5789. 

Stay  of  execution,  by  undertaking  or  de- 
posit on  appeal  from  justice's  court  5792 
Stay  of  execution  in  justice's  court  5783. 


Justices  of  the  peace — continued. 
Stay  of  execution,  when  to  be  ordered  by 

justice's    court    pending    appeal,    when 

officer  to  relinquish  property  5793. 
Subpena,    disobedience   of    punishable   as 

contempt  in  justice's  court  5795. 
Subpena  may  be  issued  by  justice's  cour' 

to  any  part  of  county  5808. 
Successor  of  justice  of  the  peace,  who  is 

5806,  5807. 

Summons,  all  blanks  must  be  filled  in  by 
justice  of  the  peace  before  issuance 
5809. 

Before  issuing  justice's  court  may  re- 
quire deposit  or  undertaking  as  se- 
curity for  costs  5812. 

Date  and  return  to  be  entered  in  jus- 
tice's court  docket  5800. 

Defendant  may  waive  in  justice's  court 
5724. 

In  action  in  justice's  court,  how  served 
by  publication  5732. 

In  civil  action  in  justice's  court,  alias 
summons  may  issue,  time  for  appear- 
ance 5729.  5730. 

In  civil  action  in  justice's  court,  how 
issued,  directed  and  what  to  contain 
5727. 

In  civil  action  in  justice's  court,  limita- 
tion on  service  5731. 

In  civil  action  in  justice's  court  to 
specify  time  for  appearance  of  de- 
fendant, indorsement  5728. 

In  justice's  court,  by  whom  and  how 
served  and  returned  5732. 

In  justice's  court,  if  out  of  town  cer- 
tificate and  seal  of  county  clerk  to  be 
attached  5732. 

In  justice's  court,  name  of  plaintiff's 
attorney  to  be  indorsed  on  5727. 

Issuance  of  in  justice's  court  5722.  572-'?. 

May  issue  within  a  year  after  filing  of 
complaint  in  justice's  court  5723. 

Proof  of  service  of  before  judgment  by 
default  in  justice's  court  5754. 

When  order  of  arrest  may  be  indorsed 
on  in  civil  action  in  justice's  court 
5744. 

Supplementary  proceedings  to  execu- 
tion, relating  to  district  court  are 
applicable  to  justice's  court  5787. 
Sureties,  on  undertaking  for  attachment 
in  justice's  court,  exception  to,  justi- 
fication, waiver  5750. 

On  undertaking  for  payment  of  judg- 
ment when  adjournment  for  more 
than  ten  days  in  justice's  court  5760. 

On  undertaking  on  appeal  from  justice's 

court  5792. 
Tax,    if  legality  of   involved   in  justice's 

court,  case  to  be  transferred  to  district 

court  for  trial  5721. 
Taxes,   action  for  collection  of,  justice's 

court    has    jurisdiction    where    amount 

does  not  exceed  $300  5734. 
Testimony,  consent  to  taking  in  civil  ac- 
tion   in   justice's  court   on   postpone- 
ment 5759. 

May  be  taken  by  deposition  before  jus- 
tice of  the  peace  on  postponement  of 
civil  action  5759. 


2247 


INDEX 


Civil  practice 


Justices  of  the  peace — continued. 

Time  required  for  obtaining  ground  for 
postponement  of  civil   action   in  jus- 
tice's court  5759. 
Time,  when  trial  must  be  commenced  in 

justice's  court  5750. 

Title,  of  action  to  be  entered  in  justice's 
court  docket  5NOO. 

Of  summons  in  civil  action  in  justice's 
court  5727. 

To  real  property,  if  involved  in  justice's 
court,  case  to  be  transferred  to  dis- 
trict court  for  trial  5721. 

To  real  property  or  mining  claims,  ac- 
tion involving,  jurisdiction  does  not 
lie  in  justice's  court  5714. 

To  real   property  or  mining  claims  or 

questions    of    boundaries    not    to    be 

tried    in    justice's   court  (Xev.    Const. 

art.  vi.  sec.  s>  :'>2:;. 

Toll,    if   legality   of    involved    in   justice's 

court,  case  to  he  transferred  to  district 

court  for  trial  5721. 
Township,  in  which  action  to  be  brought 

in  justice's  court  .~»71.~i. 
Transcript   of   docket   to   be  certified   on 

change  of  place  of  trial  in  justice's  court 

6719. 

Transcript   «>f  oral   pleadings   to  be  certi- 
fied   by   justice's   court    on    transfer   of 

civil    action   to   district   court   for  trial 

r,72  ] . 

Trial,   by   jury,  demand  for,  entry  to  be 
made  in  justice's  court  docket  5800. 

P.y  jury,  in  civil  action  in  justice's  court, 
how  waived  5700. 

I'y  jury,  secured  but  may  be  waived  in 
civil  cases  (Xev.  Const,  art.  i.  sec.  3) 
I'.'!!'. 

De  novo  in  justice's  court  when  appeal 
from  justice's  court  on  questions  of 
fact  or  both  law  and  fact  .TT9O. 

In  civil  cases  three-fourths  of  jury  may 
render  verdict,  but  legislature  by  two- 
thirds  vote  may  require  unanimous 
(  Xev.  Const,  art.  i,  sec.  5)  232. 

In  district  court  on  appeal,  either  party 
may  have  benefit  of  objections  made 
in  justice's  court  5701. 

In  justice's  court  in  civil  action,  when 
may  be  postponed  of  court's  own  mo- 
tion 5757. 

In  justice's  court,  judgment  to  be  en- 
tered at  close  of  if  no  jury  5774. 

In  justice's  court,  may  proceed  if  either 
party  fails  to  appear  5767. 

Xew,  when  district  court  may  order  on 
appeal  from  justice's  court  5794. 

Xotice  of  time  of,  to  be  issued  by  jus- 
tice's court  on  transfer  of  place  of 
trial  in  civil  action  5719. 

Of  civil  action  in  justice's  court,  change 
of  place  of  5716. 

Of  civil  action  in  justice's  court,  time 
for  to  be  fixed  by  justice  5783. 

Of  issue  of  fact  in  justice's  court,  by 
jury  unless  waived  5705. 

On  appeal  from  justice's  court,  powers 
of  district  court,  dismissal,  damages, 
costs,  judgment  5794. 

Postponement  of  by  consent  in  civil 
action  in  justice's  court  5758. 


Justices  of  the  peace — continued. 

Postponement  of  on  application  of  party 

in    civil     action    in    justice's    court, 

grounds,  procedure  5759. 
Proceedings  after  order  changing  place 

of    in    civil    action    in   justice's   court 

5719. 
Provisions  relating  to  change  of  place 

of,    applicable   to   cases    appealed   to 

district  court  5794. 

When  must  be  commenced  and  how  con- 
tinued in  civil  action  in  justice's  court 

5756. 
Undertaking,  action  upon,  justice's  court 

has   jurisdiction   if  amount  docs  not 

exceed    )p!O    5714. 

For  arrest  of  defendant  in  civil  action 
in  justice's  court*  5745. 

For  payment  of  judgment  when  ad- 
journment for  more  than  ten  days  in 
justice's  court  5700. 

For  release  of  attachment  in  justice's 
court  5751. 

In  justice's  court,  deposit  may  be  made 
in  lieu  of  in  all  cases  5X10. 

On  appeal  from  justice's  court,  require- 
ments with  or  without  stay,  deposit, 
justification  of  sureties  5791'. 

On  appeal,  entry  of  in  justice's  court 
docket  5X00. 

On  attachment  in  justice's  court,  excep- 
tion to  sureties,  justification,  waiver 
5760. 

Unlawful  entry  and  detainer,  evidence  re- 
garding may  be  given  in  justice's  court 

.172  1 . 
Vacancy  in  oilice  of  justice  does  not  affect 

action  4X84. 
Venire,  alias  for  jurors  in  civil  action  in 

justice's  court  570X. 

Venue,  action  brought  in  wrong  in  jus- 
tice's court,  when  may  be  dismissed 
5772. 

In  action  in  justice's  court  may  be 
changed  5716,  5718. 

Of  action  in  justice's  court,  when  can- 
not be  changed  more  than  once  on 
motion  of  same  party  5717. 

Of  civil  actions  in  justice's  courts  5715. 

Overruling  of  objection  that  action  in 
justice's  court  is  in  wrong,  cause  of 
reversal  on  appeal  only  5772. 

Provisions  relating  to  change  of  appli- 
cable to  trials  on  appeal  in  district 
court  5794. 

Verdict,  in  justice's  court,  judgment  to  be 
entered  at  once  in  conformity  to  5773. 

Or  disagreement  of  jury  to  be  entered 

in  justice's  court  docket  5800. 
Verified  answer  or  oath  showing  grounds 

for  transfer  of  case  from  justice's  court 

to  district  court  5721. 
Verified  denial  in  answer  required  in  jus- 
tice's court  or  written  instrument  will 

be  admitted  5770. 

Waiver,  of  objection  that  action  in  jus- 
tice's court  is  in  wrong  township  5772. 

Of  objection  to  sureties  to  undertaking 
for  attachment  in  justice's  court  5750. 

Of  trial  by  jury  in  justice's  court  5766. 

Warrant,    for   arrest   of   person   charged 

with  contempt  by  justice's  court  5797. 


Civil  practice 


INDEX 


2248 


Justices  of  the  peace,  warrant — continued. 

For  search  and  seizure  shall  not  issue 
but  on  probable  cause  supported  by 
oath  and  particulars  (Nev.  Const,  art. 
i.  sec.  18)  247. 

Witness,  consent  to  taking  of  testimony 
in  civil  action  in  justice's  court  on 
postponement  5759. 

Deposition  taken  on  postponement  of 
civil  action  in  justice's  court  may  be 
read  5759. 

Fees  2000,  2012. 

If  justice  of  the  peace  material,  when 
defendant  arrested  in  civil  action  to 
be  taken  before  another  justice  5746. 

Refusing  to  be  sworn  or  answer,  pun- 
ishable for  contempt  in  justice's  court 
5795. 

Shall  not  be  rendered  incompetent  on 
account  of  religious  belief  (Nev. 
Const,  art.  i,  sec.  4)  233. 

Sworn,  name  of  to  be  entered  in  jus- 
tice's court  docket  5800. 

Testimony  of  may  be  taken  before  jus- 
tice of  the  peace  for  postponement  of 
civil  action  5759. 

Writ  of  attachment,  in  civil  action  in  jus- 
tice's court,  substance  of,  several  may 
be  issued  to  different  counties  5751. 

In  justice's  court,  certain  sections  made 
applicable  5752. 

In  justice's  court,  for  service  in  another 
county,  to  have  certificate  under  seal 
of  county  clerk  5751. 

Issuance  of  to  be  noted  in  justice's  court 

docket  5800. 

Written  instruments,  when  admitted  in 
justice's  court  unless  denied  by  veri- 
fied answer  5770. 

When  inspection  may  be  ordered  in  jus- 
tice's court  5769. 
Justices  of  the  supreme  court,  for  reasonable 

cause  may  be  removed  on  two-thirds  vote 

of  members  elected  to  each  branch  of  the 

legislature  (Nev.  Const,  art.  vii,  sec.    3) 

336. 
May  issue  process  for  complete  hearing  of 

contest  for  state  office  1823. 
May  issue  writ  of  habeas  corpus  to  any 

part  of  the  state  returnable  before  him- 
self, supreme  court  or  district   court   or 

judge  (Nev.  Const,  art.  vi,  sec.  4)  319. 
May  make  order  for  examination  or  taking 

deposition  of  prisoner  5442. 
May  order  contestee  to  appear  in  contest 

for   nomination   under  primary  election 

law  1764. 
May  order  correction  of  error  or  omission 

relating  to  primary  election,  disobedience 

contempt  1763. 
May  take  acknowledgments  and  affidavits 


Two  may  pronounce  judgment,  reargument 

if  two  do  not  agree  4837. 
What  original  writs  may  issue  4834. 
When  in  election  contest  may  make  order 

for  arrest  of  person  receiving  fees  1815. 
When  to  certify  statement  on  appeal  5333. 
Justification,  of  bail  on  arrest  in  civil  action 
5104,  5108. 


Justification  of  sureties  generally  5485. 
In  action  on  claim  and  delivery  5128. 
Of  defendant  in  action  for  claim  and  deliv- 
ery 5130. 

On  bond  to  defendant  when  plaintiff  per- 
mitted to  occupy  premises  pending  pro- 
ceedings under  eminent  domain  5615. 
On  indemnifying  bond  to  officer  in  action 

for  claim  and  delivery  5134. 
On  undertaking  for  injunction  5140. 
On  undertaking  for  release  of  attachment 

5164. 
To  undertaking  for  attachment  in  justice's 

court  5750. 

To  undertaking  on  appeal  5354. 
To  undertaking  on   appeal  from  justice's 

court  5792. 

Juvenile  court,  district  court  to  appoint  pro- 
bation officer  733. 
Interference  with  order  of,  punishable  as 

contempt  754. 

May  appoint  counsel  for  child  742. 
May  cite  guardian  740. 
May  dismiss  petition  and  allow  prosecution 
under  criminal  laws  or  make  other  order 
737. 

May  order  guardian  to  place  child  in  hos- 
pital 738. 

May  release  from  custody  or  suspend  sen- 
tence 758. 

Petition,  what  to  state  731. 
Summons,  publication,  contempt,  proceed- 
ings 732. 
Trial,  jury  of  six  or  twelve  may  be  demanded 

or  ordered  729. 
Juvenile  court  law,  appeal  may  be  taken  under 

to  supreme  court  753. 
Bond  for  appearance  of  child  may  be  given 

742. 

Guardian  to  report  to  judge  740. 
Schedule  of  sections  728,  757. 
Juvenile  department  of  district  court,  separate 

book  and  entry  of  findings  730. 
Kin,  next  of,  when  entitled  to  damages  for 
death  by  negligence  of  common  carrier, 
mill  or  mine  operator  5650. 
Kindred,  liable  for  expenses  of  insane  per- 
son, same  lien  on  property  of  2200. 
May  have  damages  for  death  by  wrongful 

act  5648. 

Of  insane,  maybe  ordered  by  district  judge 
to   pay   charges    for   insane    and    order 
becomes  lien  upon  property  of  2200. 
Labor,  action  on  lien  for  2222-2228. 
Laborer,  has  preferred  claim  for  wages  5493, 

5494. 
Land,  action  for  condemnation  of,  for  mines 

2459. 

Contest  before  U.  S.  land  office  as  to  min- 
eral or  agricultural  character  of  land 
2397. 

Deed  made  under  tax  sale  by  treasurer  not 
prima  facie  evidence  of  title  in  purchaser 
when  record  destroyed  5631. 
Eminent  domain  may  be  used  for  purpose 

of  reclaiming  5606. 
Public,  improvement  required  by  claimant 

of  possession  5852. 

When  may  be  taken  under  eminent  domain 
5606,  5608. 


2249 


INDEX 


Civil  practice 


Land  contest,  before  federal  land  office  as  to 

mineral  or  agricultural  character  of  land 

2397. 
Land   office,  federal,    contest   before    as   to 

mineral  or  agricultural  character  of   land 

2397. 
Land  patent,  when  admissible  in  evidence 

5415. 
Landlord,  to  demand  possession  or  lease  of 

agricultural  lands  runs   for  another    vcar 

5589. 

Landlord  and  tenant,  action  for  possession, 
justice's  court  has  jurisdiction  5714. 

Possession  of  tenant  deemed  possession  of 
landlord  4961. 

When  tenant  may  pay  judgment  in  action 
for  unlawful  detainer  and  remain  in  pos- 
session 5o<)<). 

Where  relation  exists  legislature  may  con- 
fer power  on  justice's  courts  in  actions 
for  possession  or  where  possession  has 
been  unlawfully  obtained  or  withheld 
(Nev.  Const,  art.  vi,  sec.  8)  323. 
Lands  and  tenements,  action  for  possession 
of  where  relation  of  landlord  and  tenant 
exists,  justice'scourthas  jurisdiction  5714. 

Legislature  may  confer  power  on  justice's 
court  in  action  for  possession  of,  where 
relation  of  landlord  and  tenant  exists  or 
where  possession  has  been  unlawfully 
obtained  or  withheld  (Nev.  Const,  art.  vi, 
sec.  8)  323. 

Unlawfully  obtained  or  withheld,  justice's 

court  has  jurisdiction  5714. 
Larceny,  conviction  of  excludes    from  jury 

unless  restored  to  civil  rights  (Nev.  Const. 

art.  iv,  sec.  27)  2s.">. 

Law,  due  process  of,  person  shall  not  be 
deprived  of  life,  liberty  or  property  with- 
out (Nev.  Const,  art.  i*  sec.  8)  237. 

Impairing  obligation  of  contracts  or  ex  post 
facto  not  to  be  passed  (Nev.  Const,  art.  i, 
sec.  15;  244. 

Issue  of,  arises  upon  demurrer  when  5196. 

Issue  of  defined  5195. 

Issue  of,  how  tried  5198. 

Issue  of,  how  tried  in  justice's  court  5764. 

Issue  of  injustice's  court  defined  5761,  5763. 

Issue  of  to  be  first  disposed  of  5199. 

Judge  may  declare  tojury  (Nev.  Const,  art. 
vi,  sec.  12)  327. 

Raises  issue  of  fact  on  allegation  of  new 
matter  in  answer  in  justice's  court  with- 
out reply  5763. 
Law  and    equity,   may  be    administered  in 

same  action  (Nev.  Const,  art.  vi,  sec.  14)  329. 
Law  day,  in  district  court,  on  Saturday  of 

each  session  law   questions    to    be    heard 

unless  good  cause  shown  for  delay,  rule  v 

p.  1426. 

Laws,  and  judicial  decisions  to  be  free  for 
publication  376. 

Local  or  special  in  certain  enumerated 
cases  are  invalid  278. 

Printed  copies  of,  from  other  states  or  for- 
eign government,  when  presumed  correct 
5413. 

To  exclude  from  jury  persons  not  qualified 
electors  or  .who  have  been  convicted  of 
certain  crimes,  unless  restored  to  civil 
rights  (Nev.  Const,  art.  iv,  sec.  27)  285. 


Laws— continued . 

When  to  be  general  and  of  uniform  opera- 
tion   throughout  the  state  (Nev.  Const, 
art.  iv,  sec.  21)  279. 
Lease,  of  agricultural  lands  runs  for  another 

year  if  tenant  not  notified  5589. 
Legal  disability,  time  within  which  minor  may 

bring  action  against  sureties  on  bond  of 

guardian  6185. 

Legal  title  to  real  property,  when  holder  pre- 
sumed to  be  in  possession  4955. 
Legislative  acts,  authentication  of  under  act 

of  Congress  526. 
Legislature,  contest  for  member  of  1818-1822. 

May  confer  on  justice's  court  jurisdiction 
concurrent  with  district  court  in  certain 
actions  relating  to  mechanics'  liens  and 
for  possession  of  lands  and  tenements 
where  relation  of  landlord  and  tenant 
exists  or  possession  unlawfully  obtained  or 
withheld  (Nev.  Const,  art.  vi,  sec.  8)  323. 

May  increase  or  diminish  number  of  judi- 
cial districts  and  judges,  change  not  to 
take  effect  except  in  case  of  vacancy  or 
expiration  of  term  (Nev.  Const,  art.  vi, 
sec.  5)  320. 

May  prescribe  regarding  appeals  from 
justice's  court  (Nev.  Const,  art.  vi,  sec.  8) 
323. 

May  prescribe  regulations  for  disposal  of 
lots  in  townsites  by  district  judge  as 
trustee  1961,  19S2. 

May  regulate  rates  of  railroads,  toll  roads, 
ditch,  flume  and  tunnel  companies  (Nev. 
Const,  art.  iv,  sec.  20)  278. 

Members  of  exempt  from  arrest  under 
civil  process  during  session  and  for  15 
days  before  (Nev.  Const,  art.  iv,  sec.  11) 
269. 

.  Not  to  pass  local  or  special  laws  in  certain 
enumerated  cases  (Nev.  Const,  art.  iv, 
sec.  20)  278. 

To  determine  number  and  powers  of  jus- 
tices of  the  peace  (Nev.  Const,  art.  vi, 
sec.  8)  323. 

To  prescribe  powers  and  duties  of  muni- 
cipal court  so  as  not  to  conflict  with 
courts  of  record  (Nev.  Const,  art.  vi. 
sec.  9)  324. 

To  provide  for  publication  of  statutes  and 

decisions  of  supreme  court  376. 
Lessee  of  mine,   when  liable  for   improper 

working,  damages,  how  assessed  5509. 
Levy,  tax,  district  court  may  order  to  meet 

obligations  of  city  on  disincorporation  873. 
Liability,  created  by  statute,  other  than  pen- 
•      alty   or   forfeiture,  action  may  be  com- 
menced within  three  years  4967. 

For  death  by  wrongful  act  5647. 

Not  founded  upon  writing,  action  may  be 
brought  within  four  years  4967. 

Or  indebtedness  of  corporation  or  person  to 
state,  county  or  municipality,  local  or 
special  law  for  release  of,  invalid  (Nev. 
Const,  art.  iv,  sec.  20)  278. 
Libel,  action  for  may  be  brought  within  two 
years  4967. 

If 'true,  and  made  with  good  motives,  jury 
may  exonerate  (Nev.  Const,  art.  i,  sec.  9) 
238. 
Libel  and  slander,  how  pleaded,  proof  5073. 


Civil  practice 


INDEX 


2250 


Libel  or  slander,  truth  may  be  given  in  evi- 
dence 5074. 

Libraries,  certain  exempt  from  execution  5288. 
License,  attachment  for  3737. 
Certain  personal  property  may  be  sold  for 

payment  of  3742. 

May  be  revoked  for  cause,  complaint,  pro- 
ceedings 3867,  3868. 

License  collector,  may  be  removed  or  sus- 
pended and  another  appointed  to  perform 
duties  pending  charges  3753. 
Lien,  abstract  of  judgment  in  justice's  court 

filed  in  recorder's  office  creates  lien  on 

lands  5782. 

Action  to  restore  lost  record  of  5632. 
And  execution  sale  of  animals  for  charges, 

owner  to  be  paid  surplus  5500. 
And   judgment   in  action    for   delinquent 

taxes  3665. 

And  mortgage  upon  growing  crops  1080. 
Attachment  on  live  stock  herded  or  grazed 

on  lands  of  another,  how  preferred  2336. 
By  judgment,  docket,  how  kept  and  what 

to  contain  5275. 

By  judgment,  entry,  duration  5274. 
Certificate  of  recorder  showing  none  to  be 

produced  by  plaintiff  in  action  for  5535. 
City  tax  against  property  assessed  937. 
Costs  of  partition  on  shares  of  parceners 
I    5574. 

[For  attorneys'  fees,  not  affected  by  settle- 
ment between  parties  5376. 
For  charges  on  animals  taken  away  from 

ranchman  or  person  boarding  same  2332. 
For  fee  for  inspection  of  horses  bought  to 

be  shipped  from  state  2296. 
For  material  or  labor,  rank  or  order  2223. 
For  nonpayment  of  city  taxes  or  assessments , 

jurisdiction  of  municipal  court  833. 
For  taxes  attaches  how  3619. 
For  taxes  on  mortgage  and  trust  deed  3786, 

3787. 
Foreclosure  of,  affidavit  of  payment  of  taxes 

3756. 
Foreclosure  of,  how  surplus  money  on  sale 

paid  or  deposited  5502. 
Holder   of,  in    action  for  partition   to  be 

made  party,  and  referee  to  ascertain  may 

be  appointed  5536. 
Holder  of,  may  redeem  real  property  sold 

under  execution  5299. 
Holder  of,   need   not   be    made   party   in 

action  for  partition  5529. 
Holder  of,  to  be  notified  to  appear  before 

referee  in  action  for  partition  5537. 
Homestead  may  be  liable  for  improvements 

or  when  lien  given  by  consent  of  husband 

and  wife  (Nev.  Const,  art.  iv,  sec.  30)  288. 
In  action  by  majority  owners  against  minor- 
ity owners  for  expenditure  on  mine  2481. 
In    action    for    foreclosure,   complaint    to 

have  affidavit  of  payment  of  taxes  attached 

3756. 

In  bankruptcy  proceedings  609. 
In  favor  of  woodchoppers  2230. 
Judgment  entered  after  death  of  party,  not 

lien    on   real    property   but   payable   in 

course  of  administration  5272. 
Judgment  on,  exemptions  from  execution 

do  not  apply  5288. 


Lien— continued. 

Jurisdiction  of  justice's  court  in  action  to 
foreclose  2227. 

Limitation  of  time  for  commencing  action 
to  foreclose  2220. 

Lost  and  restored,  limitation  5638. 

Mechanic's,  action  for  enforcement  where 
amount  does  not  exceed  $300  exclusive 
of  interest,  justice's  court  does  not  have 
jurisdiction  5714. 

Mechanic's,  legislature  may  confer  power 
on  justice's  court  to  enforce  in  certain 
cases  (Nev.  Const,  art.  vi,  sec.  8)  323. 

Not  affected  as  preferred  claim  for  wages 
5494. 

Not  affected  by  homestead  exemption  2143. 

Not  created  by  judgment  in  action  against 
estate  of  deceased  person  5974. 

Of  employees  for  wages  preferred  claim 
against  insolvent  corporation  1187. 

Of  judgment,  obtained  for  damages  5510. 

Of  judgment,  when  property  of  debtor  sold 
under  execution  not  liable  to  5306. 

On  bullion,  attachment  5492. 

On  mine  attaching  prior  to  patent  not  to 
be  impaired  2390. 

On  personal  property,  action  to  enforce  in 
justice's  court,  limitation  of  service  of 
summons  5731. 

On  unclaimed  property  left  with  jeweler  531. 

On  undivided  interest  becomes  charge  on 
individual's  part  after  partition  and  pay- 
ment of  costs  5547. 

Order  of  district  judge  that  kindred  pay 
expenses  for  insane,  charge  becomes  lien 
on  property  of  kindred  2200. 

Order  of  payment  in  actions  for  partition, 
verified  affidavit  of  amount  due  5549. 

Payable  in  installments,  only  sufficient  prop- 
erty to  be  sold  to  pay  amount  due,  court 
may  order  more  sold  when  amounts  be- 
come due,  if  property  cannot  be  sold  in 
portions  more  may  be  ordered  sold  5503. 

Penalty  for  failure  to  enter  acknowledg- 
ment of  satisfaction  2228. 

Preferred,  upon  bullion  from  ore  sold  at 
reduction  works  5492. 

Publication  of,  notice  in  action  to  enforce 
2227. 

Taxes  for  school  bonds  3439. 

Taxes  on  proceeds  of  mine  are  on  mine 
3688. 

To  ranchmen  or  persons  boarding  animals 
2232. 

Transcript  of  judgment  may  be  filed  in  any 
county  5277. 

Upon  animals  for  charges,  suit,  sale,  fees 
5499. 

Waiver  when  not  exhibited  in  action  to 
enforce  2227. 

When  to  be  paid  by  redemptioner  under 
execution  sale  5300. 

When  wages  are  preferred  claim  5493,5494. 
Liens,  foreclosure,  parties  coming  in  under 
notice  to  file  statement  of  facts,  time  for 
answer,  rule  xxxv,  p.  1430. 

On  real  and  personal  property,  foreclosure 
of,  sale,  land  in  two  counties,  execution, 
judgment  for  deficiency,  lien  5501. 

On  real  property,  venue  on  foreclosure  5011. 


2251 


INDEX 


Civil  practice 


Liens — continued. 
To    mechanics,   materialmen    and   others, 

action  for  2222-2228. 

Lien  claimant,  holding  other  securities  may 
be  required  to  first  exhaust  them  in  action 
for  partition  5550. 

Lienholder,  proceeding  when  he  becomes  pur- 
chaser in  action  for  partition  5564. 
Lieutenant-governor,  trial   of  impeachment, 
chief  justice  to  preside  over  senate  (Nev. 
Const,  art.  vii,  sec.  1)  334. 
Life  estate,  how  set  off  in  action  for  partition 

6548. 
Proceedings  on  termination  of,  notice,  order 

55S  I . 
Life  insurance,  when  exempt  from  execution 

5288. 

Limitation,  action  against  sureties  on  guard- 
ian's bond  to  be  commenced  within  three 

years  fils:>. 
Action  does  not  run  during  continuance  of 

war  when  alien  enemy  is  a  party  4<»7'.). 
Action  for  damages  may  be  brought  within 

one  year  after  ouster  'in  quo  warranto  of 

director  of  corporation  '>»>(>'.». 
Adverse   possession    under   claim   of   title 

without    written    instrument  4958,  4959, 

4960. 
Disability  not  available    unless  it  existed 

when  right  of  action  accrued  4982. 
Does  not  apply  to  recovery  of  money  on 

deposit  with  bank  or  trust  company  4i»7  I . 
Does  not  run  in  favor  of  person  out  "of  the 

state  4975. 
Does  not  run  until  coexisting  liabilities  are 

all  removed  4983. 

Evidence  of  new  promise  must  be  in  writ- 
ing 4985. 
Failure  of  corporation  to  exercise  franchise 

for  two  years,  judgment  for  dissolution 

5670. 

Not  to  be  plead  in  answer  of  party  sum- 
moned after  judgment  in  action  on  joint 

contract  5246. 
Of  action  against  corporation  for  penalty 

or  forfeiture,  or  to  enforce  liability  made 

by  law  4984. 
Of  action  against  estate  of  deceased  person 

5968,  5969. 
Of  action  arising  in  another  state  or  foreign 

country  4947. 

Of  action  by  state  for  real  property  4950. 
Of  action  for  real  property  or  rents  4952, 

4953. 
Of  action  for  recovery  of  estate  sold  by 

guardian  4963. 

Of  action  for  recovery  of  mining  claims  4951 . 
Of  action  to  recover  estate  sold  by  executor 

or  administrator  or  to  set  aside  sale  4964. 
Of  claim  against  county,  funds  assigned  to 

payment  if  not  collected  within  two  years 

payable  on  other  claims,  new  demand 

and  reallowance  necessary  or  claim  barred 

1536. 

Of  record  of  judgment  restored  5645. 
One  year  after  issuance  of  letters  not  part 

of  time  for  commencement  of  action  if 

party  dies  out  of  the  state  4978. 
Provisions     regarding     apply    to     actions 

brought  by  the  state  4971. 


Limitation — continued. 

Three  months  to  bring  action  on  claim 
against  bank  rejected  bv  bank  examiner 
671. 

Time  for  bringing  action  on  claim  against 
bank  closed  by  bank  examiner  671. 

Time  for  bringing  action  to  restore  lost 
record  5G32. 

Time  for  commencement  of  contest  for  office 
other  than  state  office  4973. 

Time  for  commencing  action  on  lien  for 
material  or  labor  2220. 

Time,  how  reckoned,  when  statute  begins 
to  run  49(iS,  49(59. 

Time  within  which  action  is  stayed  not 
included  4981. 

Time  within  which  action  may  be  brought 
against  sureties  on  bond  of  guardian  6185. 

Time  within  which  action  must  be  brought 
against  trustee  of  bankrupt  553. 

When  does  not  run  during  term  of  public 
official  2866. 

When  entry  upon  real  estate  is  not  sufficient 
4964, 

When  judgment  for  plaintiff  is  reversed  on 
appeal,  or  if  he  dies  and  cause  of  action 
survives,  new  action  may  be  commenced 
within  one  year  4980. 

When  not  other  wise  provided,  time  for  com- 
mencement of  action  is  four  years  4970. 
Limitations,  adverse   possession    not   estab- 
lished unless  taxes  are  paid  4900. 

Affecting  restored  records  5638. 

Foreign  corporation  may  plead  statute  of 
1355. 

In  general,  in  civil  cases  4940. 

Of  actions  other  than  for  the  recovery  of  real 
property  4(. »(;?. 

Of  actions  regarding  real  property  4948. 

Other  than  real  property,  schedule  of  sec- 
tions 4967. 

Possession  of  tenant  deemed  possession  of 
landlord  4961. 

Regarding  real  property,  schedule  of  sec- 
tions 4948. 

Schedule  of  miscellaneous  sections  4974. 

Time  for  commencement  of  contest  for 
state  office  4972. 

Time  within  which  action  may  be  com- 
menced by  or  against  representative  of 
deceased  person  4977. 

Time  within  which  minors,  married  women 
or  persons  insane  or  in  prison  may  sue 
4966,  4976. 

Under  civil  practice  act  continue  to  run  as 
if  former  act  had  not  been  repealed  5819. 
-What  constitutes  adverse  possession  and 
occupancy  4957. 

When  statute  does  not  apply  to  minors  or 
persons  under  legal  disability  to  sue  4965. 
Lis  pendens,  in  actions  regarding  real  prop- 
erty 5021. 

In  actions  to  determine  adverse  claim  to 
real  property  to  be  filed  in  office  of 
county  recorder  5522. 

Proof  of  service  to  be  made  before  entry  of 
judgment  by  default  in  action  to  deter- 
mine adverse  claim  to  real  property  5524. 
Little  &   Brown's  edition  of  United    States 

laws  are  evidence  529. 


Civil  practice 


INDEX 


2252 


Live  stock,  damages  recoverable  for  spread 
of  disease  by  2268. 

Herded  or  grazed  on  lands  of  another  lia- 
ble to  attachment  for  damages,  costs  and 
attorneys'  fees  2336. 

Railroad  to  give  notice  of  when  killed  3600. 

Trespassing  on  ground  enclosed  by  lawful 
fence,  damages  2332. 

When  statute  of  limitations  begins  to  run 

against  action  for  recovery  4967. 
Livery-stable  keeper,  has  lien  upon  animals 

for  charges  5499. 
Local  or  special  laws,  in  certain  enumerated 

cases  are  invalid  (Nev.  Const,  art.  iv,  sec. 

20)  278. 

Local  rules  and  customs,  location  and  trans- 
fer of  mines  under,  prior  to  1863,  1102. 
Location  notice,  of  mine,  duplicate  in  office 

of  county  recorder  receivable  in  evidence 

same  as  original  2473. 
Location  of  mines,  before   1863  proved   by 

local  rules,  regulations  or  customs  of  miners 

1102. 
Lodging-house,  when  and  how  baggage  left 

at  may  be  sold  2153. 

Logs,  eminent  domain  may  be  used  for  pur- 
pose of  floating  5606. 
Lost  records,  action  to  restore  5632. 

Action  to  restore  deed  or  will,  parties  5633. 

Action  to  restore  may  be  brought  in  dis- 
trict court  of  county  in  which  property  is 
situated  5636,  5637. 

Action  to  restore,  what  complaint  to  allege, 
summons,  waiver,  decree  5634. 

Affecting  real  property,  schedule  of  sections 
relating  to  restoration  5630. 

Certified  copy  of  validated  5639. 

Citation  and  notice  in  proceeding  to  restore 
5642. 

Deed  made  under  tax  sale  by  treasurer  not 
prima  facie  evidence  of  title  in  purchaser 
when  record  destroyed  5631. 

Evidence  which  may  be  received  in  action 
to  restore  5635. 

How  costs  taxed  in  proceedings  to  restore 
5646. 

How  may  be  re-recorded  under  date  of 
original  record,  affidavit,  force  of  copy 
5630. 

How  re-recorded  after  division  of  countv 
5637. 

Limitation  of  record  of  judgment  restored 
5645. 

Not  affecting  real  property  may  be  restored 
5640,  5641. 

Proceedings  to  restore,  contest  how  made, 
effect  of  judgment  5644. 

Proceedings  to  restore,  service  on  parties 
residing  out  of  county  5643. 

Restored,  limitations  affecting  5638. 

Restored,  validated  5639. 

When  deed  made  by  sheriff,  executor,  ad- 
ministrator, guardian,  assignee,  receiver, 
trustee  or  commissioner  is  prima  facie 
evidence  of  legality  of  sale  5631.  - 
Lots,  in  federal  to  wnsite,  appeal  may  be  taken 
to  supreme  court  from  judgment  on  ad- 
verse claim  in  district  court  1985. 

In  federal  townsite,  claimant  to  sign  state- 
ment in  writing  1983. 


Lots— continued. 

In  federal  townsite,  entered  by  district  judge 
as  trustee,  procedure  for  obtaining  1981- 
1988. 

In  federal  townsite,  execution  of  deed  to, 
after  trial  of  adverse  claims  in  district 
court  1984. 

In  federal  townsite,  fees  and  expenses  of 
district  judge  1986. 

In  federal  townsite,  if  adverse  claimants, 
proceedings  to  be  certified  to  district  judge 
1984. 

In  federal  townsite,  not  conveyed  within 
one  year,  to  be  sold  1987. 

In  federal  townsite,  procedure  to  obtain  title 
1983-1986. 

In  federal  townsite,  sale  of  unclaimed,  dis- 
position of  proceeds  1993. 

In  federal  townsite,  when  deed  to  be  made 
to  guardian  or  trustee  of  minor  or  insane 
person  1986. 
"L.  S."  or  word  "seal"  sufficient  description 

of  seal  in  telegraphing  papers  for  service, 

and  word  "stamp"  sufficient  to   indicate 

revenue  stamp  5372. 
Magistrate,  when  may  order  child  transferred 

to  district  court  under  juvenile  court  law  741. 
Mail,  time  for  notice  of  motion  when  served 
by  5364. 

When  service  of  notices  and  papers  may  be 

made  by  5370. 
Maintenance,  how  state  treasurer  to  set  apart 

moneys  received  from  occupant  of  public 

land  for  absence  under  act  relating  to  pos- 
sessory actions  5853. 

Malfeasance  in  office,  governor,  state  or  judi- 
cial officer  liable  for  (Nev.  Const,  art.  vii, 
sec.  2)  335,  2851-2854,  3763. 

Judgment  of  removal,  copy  of  to  be  trans- 
mitted to  governor  or  county  commis- 
sioners 2853. 

Judgment  of  removal  of  officer  for,  pend- 
ing appeal  office  to  be  filled  as  in  case  of 
vacancy  2854. 

Revenue  officer  may  be  suspended  pend- 
ing charges  3753. 

When  decree  to  be  entered  for  removal  of 
officer  2852. 

When  officer  to  be  removed  for  2851,2852. 
Mandamus,  answer  to  writ  may  show  cause, 
how  made  5699. 

Applicant  may  object  to  sufficiency  of 
answer  or  introduce  proof  5701. 

Clerk  to  transmit  verdict,  when,  argument, 
notice  5703. 

Denominated  writ  of  mandate  5694. 

District  court  may  require  documentary  evi- 
dence by,  on  contest  for  county  or  town- 
ship office  1806. 

District  court  or  judge  may  issue  4840. 

District  judge  may  try  and  determine  at 
chambers  4843. 

Execution  may  issue  to  enforce  judgment, 
damages  and  costs  5705. 

Fine  imposed  on  officer  for  refusal  to  obey 
writ  may  be  retained  from  salary  5707. 

If  no  answer  filed  case  how  heard,  if  answer 
filed  how  heard  5703. 

In  what  cases  and  by  what  court  or  judge 
writ  may  issue,  how  returnable  5695. 


2253 


INDEX 


Civil  practice 


Mandamus— continued. 
May  be  issued  by  district  court  to  compel 

registration  of  elector  1710,  1712. 
New  trial  and  appeal  may  be  had  as  in  civil 

cases  5713. 
Officer  guilty  of  misdemeanor  in  office  for 

refusal  to  obey  writ  of  5707. 
One  new  trial  may  be  had,  new  jury  to  be 

summoned  5702. 
Orders  of  public  service  commission  may 

be  enforced  by  4545. 
Penalty  for  refusal  to  obey  writ  5707. 
Peremptory  writ   to    issue    without   delay 

after  judgment  5705. 
Provisions    relating    to   civil    actions    are 

applicable  to  5712. 
Railroad  commission  may  enforce  orders 

by  4583. 
Return  and  hearing  may  be  had  at  any 

time  5711. 

Schedule  of  sections  relating  to  5694. 
Service  of  writ  of  upon  majority  of  board 

sufficient  5707. 
Supreme  court  empowered   to  issue  writ 

(Nev.  Const,  art.  vi,  sec.  4)  319. 
Supreme  court  or  justice  thereof  may  issue 

When  alternative  or  peremptory  writ  will 
issue,  notice,  default,  hearing  5698. 

When  answer  raises  question  of  fact  jury 
trial  may  be  ordered  and  damages 
assessed  5700. 

Writ  of,  district  court  or  judge  may  issue 
(Nev.  Const,  art.  vi,  sec.  6)  321. 

Writ  of,  how  served  5706. 

Writ  of,  may  be  issued  by  district  court  to 
compel  registration  1710. 

Writ  of,  must  be  either  alternative  or  per- 
emptory, form  5697. 

Writ  of,  when  and  how  issued  5696. 
Map,  lost  and  restored,  validated  5639. 
Mark,  included  in  signature  or  subscription 
5475. 

When  made  as  signature  or  subscription 
to  be  witnessed  and  if  for  acknowledg- 
ment or  sworn  statement  by  two  witnesses 
5475. 
Marriage,  action  for  annulment  of  2357. 

Communication  made  during,  husband  and 
wife  cannot  be  required  to  testify  5424. 

Debts  of  wife  contracted  before,  property 
of  husband  not  liable  for  2170. 

Dissolved  by  decree  of  divorce,  how  com- 
munity property  divided  2166. 

District  court  may  license  minister  of  gospel 
to  solemnize  2340. 

May  be  annulled  for  fraud  or  want  of  con- 
sent 2355,  2356. 

Of  person  under  age  of  consent  or  insane, 
when  not  to  be  annulled  2356. 

When  word  "  affinity"  signifies  connection 
existing  between  each  of  the  married 
persons  and  blood  relatives  of  the  other 
5475. 

Marriage   certificate,  or  certified   copy   pre- 
sumptive evidence  2350. 

Marriage  contract,  completely  dissolved  by 
divorce,  and  name  of  female  may  be 
changed  5844. 

Recording  of,  imparts  notice  2183. 

142 


Married  persons,  not  lawfully  separated  can- 
not adopt  children  without  consent  of  both 
5827. 
Married  woman,  acting  as  sole  trader,  liable 

for  maintenance  of  children  2193. 
Action  by  or  against,  when  husband  must 

be  joined  4989. 
As  sole  trader,  may  sue  or  be  sued  alone 

2192. 

As  sole  trader,  when  husband  not  responsi- 
ble for  debts  2194. 

District  court  may  make  order  allowing  her 
to  carry  on  business  in  her  own  name, 
procedure  2191. 
When  statute  of  limitations  does  not  run 

in  civil  action  4976. 
Masculine  gender,  includes  the  feminine  and 

neuter  5475. 

Master,  proceedings    against,  to    determine 
whether  breach  of  contract  of  apprentice- 
ship 491. 
To  pay  costs  on  proceeding  to  set  aside 

covenants  of  apprenticeship  493. 
Material,  action  on  lien  for  2222-2228. 
Matrimony,  divorce  from  bonds  of,  grounds 

for,  verified  complaint,  venue  5838. 
Measure  of  damages,  for  cutting  timber  for 

repair  of  highway  or  bridge  5507. 
Mechanic,  has  preferred  claim  for  wages  5493, 

5494, 
Tools  and  certain  property  of,  exempt  from 

execution  5288. 

Mechanic's  lien,  action  for  enforcement  where 
amount  does  not  exceed  $300  exclusive 
of  interest,  justice's  court  does  not  have 
jurisdiction  5714. 

Action  to  restore  lost  record  of  5632. 
Legislature  may  confer  power  on  justice's 
court  to  enforce  in  certain  cases  (Nev. 
Const,  art.  vi,  sec.  8)  323. 
Parties   coming    in   under,   notice   to  file 
statement  of  facts,  time  for  answer,  rule 
xxxv,  p.  1430. 

Medical  examiners,  board  of,  on  refusal  to 
grant  certificate  applicant  may  appeal  to 
courts  2366. 

Medicine,  applicant  for  certificate  to  practice 
may  appeal  to  courts  from  decision  of  board 
of  medical  examiners  2366. 
Memorandum  of  exceptions  upon  motion  for 

new  trial,  when  to  be  filed  5322. 
Metal-bearing  ores,  specimens  exempt  from 

execution  5822-5824. 
Mileage,  and  per  diem  may  be  demanded  by 

witness  in  advance  5431. 
Of  constable  computed  for  actual  distance 

traveled  2040. 
Of  jurors  in  counties  polling  over  425  votes 

2013. 
Of  sheriff  and  other  officers,  how  and  from 

where  computed  2040. 
Sheriff,  constable  or  coroner  entitled  to  only 
one  for  serving  more  than  one  process  in 
same  action  requiring  only  one  journey 
2037. 

When  paid  garnishee  5189. 
Militia,  when  members  of  exempt  from  arrest 

under  civil  process  4081. 
Mill  operator,  liability  for  death  or  injury  of 
employee  5650. 


Civil  practice 


INDEX 


2254 


Mill  operator— continued. 

Liable  for  death  or  personal  injury  if  caused 
by    gross     negligence     notwithstanding 
slight    negligence    of    employee   5651. 
Mills,  eminent    domain    may   be    used    for 

supplying  water  5606. 

Mine  owner,  liable  for  death  or  personal 
injury  if  caused  by  gross  negligence  not- 
withstan  ding  slight  negligence  of  employee 
5651. 

Liability  for  death  or  injury  of  employee 

5650. * 

Miner,  cabin,  tools,  horses  and  certain  other 
property  of,  exempt  from  execution  5288. 

Has  preferred  claim  for  wages  5493,  5494. 
Mineral    cabinets,   exempt    from    execution 

5822-5824. 

Mining  claim,  action  involving  title,  jurisdic- 
tion does  not  lie  in  justice's  court  5714. 
See  Mines  and  Mining. 

District  court  has  jurisdiction  in  cases 
involving  title  or  possession  (Nev.  Const, 
art.  vi.  sec.  6)  321. 

Legal  title  by  location  or  occupation  4951. 

Limitation  of  action  for  recovery  of  4951. 

Marking  off  of  part  to  party  accepting 
smallest  portion  in  action  for  partition 
5580. 

Material  for  use  on  not  exceeding  $1,000 
exempt  from  execution  5288. 

Not  exceeding  in  value  $1,000  exempt  from 
execution  5288. 

Postponement  of  trial  may  be  granted  to 
allow  further  development  5203. 

Referee  may  be  ordered  to  divide  in  action 
for  partition  5576. 

Trial  of  title  to,  not  within  jurisdiction  of 
justice's  court  (Nev.  Const,  art.  vi,  sec.  8) 
323. 

What  necessary  to  be  shown  in  adverse 

action  on  application  for  patent  5526. 
Mines,  action  by  company  or  majority  own- 
ers against  minority  owners  for  expendi- 
tures 2476-2482.     See  Mines  and  Mining. 

Action  for  taxes  on  proceeds  of,  district 
attorney  to  begin,  when  and  where,  dam- 
ages, penalties,  form  of  complaint  and 
answer  3707-3709. 

Action  for  waste  or  trespass  underground 
may  be  commenced  within  3  years  after 
discovery  of  facts  4967. 

Action  not  to  be  maintained  or  defended 
by  certain  mining  companies  failing  to 
file  statements  1338. 

Action  on  adverse  claim  to,  on  application 
for  patent  2384. 

Affidavit  before  justice  of  the  peace  or  dis- 
trict judge  for  examination  of  books  of 
assayer,  mill  or  purchaser  of  ore,  gold 
dust  or  bullion  2484. 

Attorney-general  may  file  suits  against  cer- 
tain mining  corporations  failing  to  file 
statements  1338. 

Certified  copies  of  mining  records  to  have 
same  force  in  courts  as  originals  2467. 

Certified  copies  of  records  relating  to,  may 
be  read  in  evidence  1636. 

Condemnation  for  mining  purposes  of  im- 
provements on  lands  sold  by  the  state  2456. 

Condemnation  of  land  for  2459. 


Mines— continued. 

Contest  before  United  States  land  office  as 
to  mineral  or  agricultural  character  of 
land  2397. 

Court  may  appoint  receiver  in  lieu  of  grant- 
ing injunction  5145. 

Customs  of  districts  4951. 

Damages,  how  assessed  for  improper  work- 
ing, extraction  of  ore  or  trespass  5509. 

District  court  has  jurisdiction  in  cases  in- 
volving title  or  possession  (Nev.  Const, 
art.  vi,  sec.  6)  321. 

Duplicate  notice  of  location  in  office  of 
county  recorder  receivable  in  evidence 
same  as  original  2473. 

Duty  of  superintendent  to  keep  posted  day 
of  week  on  which  authorized  stockholders 
may  inspect  2492. 

Eminent  domain  may  be  used  for  supply- 
ing water  5606. 

Foreclosure  of  mortgage  on,  holder  entitled 
to  recover  expenditure  made  to  prevent 
forfeiture  1091. 

Grub-stake  contracts  acknowledged  and  re- 
corded are  prima  facie  evidence  2475. 

Holder  of  mortgage  may  recover  for  ex- 
penditure made  to  prevent  forfeiture 
1091. 

In  actions  for  recovery  of  ore,  gold  dust 
or  bullion,  when  failure  to  make  entry 
or  loss  of  books  by  purchaser  no  defense 
2486. 

In  actions  involving  title  or  possession 
supreme  court  has  appellate  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  4)  319. 

Lien  attaching  prior  to  issuance  of  patent 
not  to  be  impaired  2390. 

Location  and  transfer  of,  before  1863  proved 
by  local  rules  and  regulations  or  customs 
of  miners  1102. 

Notice,  application  and  order  for  under- 
ground survey,  costs  5511. 

On  application  for  injunction  opposing  party 
may  be  required  to  give  bond  for  pay- 
ment of  damages  5145. 

Party  obtaining  underground  survey  liable 
for  unnecessary  injury  5511. 

Proceedings  for  inspection  of  by  stock- 
holders 2492,  2495. 

Records  relating  to  impart  notice  1635. 

Taxes  on  proceeds  of  lien  3688. 

When  affidavit  recorded  ,or  certified  copy 
is  prima  facie  evidence  of  annual  assess- 
ment work  2431. 

When  notice  or  affidavit  regarding  annual 
work  or  payment, or  certified  copy  thereof , 
is  prima  facie  evidence  2432. 

When  survey  and  certificate  of  surveyor  are 
prima  facie  evidence  2429. 

Working  of  not  to  be  interfered  with  by 
working  of  public  lands  5849.    See  Mines 
and  Mining. 
Minister  of  the  gospel,  may  be  licensed  by 

district  court  to  solemnize  marriage  2341. 
Ministers  of  the  gospel,  libraries  and  certain 

property  of,  exempt  from  execution  5288. 
Minister  of  the  United  States,  may  take  affi- 
davit in  foreign  country  5442. 
Ministerial  officers,  when  subject  to  control 

of  court  4864. 


2255 


INDEX 


€ivil  practice 


Minor,  action  for  death  or  injury,  or  seduc- 
tion of  female  4996. 

Adoption  of,  requirements  5825. 

A-sessment  of  damages  in  action  for  abuse 
of  apprentices  491. 

IMstrict  court  may  compel  production  of 
title  papers  in  estate  of  4849. 

Guardian  of,  or  trustee  may  apply  for  lot 
in  federal  townsite  1983. 

May  recover  damages  from  master  or  mis- 
tress for  breach  of  contract  of  apprentice- 
ship 491. 

Time  within  which  may  bring  action 
against  sureties  on  bond  of  guardian 
6185. 

When  deed  to  lot  in  federal  townsite  to  be 
made  to  guardian  1986. 

Who  may  be  appointed  guardian  ad  litem, 

rules  xxix-xxx,  p.  1  Ji'.O. 

Minors,  act  to  provide  for  appointment  of 
guardians,  schedule  of  sections  6149. 
See  Guardians  and  references  thereto. 

Estates  of,  district  court  has  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  6)  321 . 

Local  or  special  law  for  sale  of  real  estate 
belonging  to,  invalid  (Nev.  Const,  art.  iv, 
sec.  I'd)  27s. 

When  and  how  may  redeem  property  sold 
for  delinquent  taxes  3(><ir>. 

When  statute  of  limitations  does  not  apply 

4965;  when  does  apply  4966. 
Minutes  of  court,  when  motion  for  new  trial 

may  be  made  upon  5321. 
Misdemeanor  in  office,  for  refusal  to  obey  writ 

of  mandamus  5707. 
Misrepresentation,    if    workman    caused    to 

change  place  of  employment  by  may  have 

action  for  damages  1938. 
Mistake,  action  on  ground  of  may  be  com- 
menced within  three  years  after  discov- 
ery of  facts  4967. 

In  pleadings  or  proceedings  may  be  ordered 
corrected  5084. 

May  be  corrected,  immaterial  if  not  preju- 
dicial 5080. 

Relief  may  be  given  from  upon  payment  of 

costs  5084. 
Mistress,  proceedings    against    to  determine 

whether  breach  of  contract  of  appprentice- 

ship  491. 

Modification  of  judgment,  order  or  proceed- 
ing in  district  court  not  to  be  made  unless 

upon  notice  within  six  months,  rule  xlv,  p. 

Money,  certificate  of  sale  to  state  kind  in 
which  redemption  may  be  made  5298. 

Collected  by  sheriff  or  constable,  when  to 
be  paid  to  justice  of  the  peace  and  by 
him  to  parties  entitled  5810. 

Entry  of  judgment  upon  by  default  in  jus- 
tice's court  5754. 

Judgment  may  be  in  kind  of  specified  in 
contract  or  obligation  or  received  in  fidu- 
ciary capacity  5269. 

Kind  of  specified  in  judgment  to  be  stated 
in  execution  5281. 

Order  for  payment  of  may  be  enforced  by 
execution  5366. 

Paid  sheriff  on  redemption  of  real  property 
sold  under  execution,  to  be  of  same  kind 
specified  in  judgment  5302. 


Money — continued. 

Surplus  on  sale  on  foreclosure,  how  paid 
and  deposited  5502. 

Undertaking  on  appeal  to  provide  for  same 
kind  as  judgment  5347. 

When  included  in  word  "  personal  property" 

and  "property"  547">. 

Mongolians,  act  relating  to  adoption  of  chil- 
dren does  not  apply  5834. 
"Month" when  means  calendar  month  unless 

otherwise  expressed  5475. 
Mortgage,  action  to  restore  lost  record  of  5632. 

County  recorder  to  certify  copy  of  assign- 
ment or  payment  as  evidence  3789. 

Court  may  enjoin  injury  to  real  property 
during  foreclosure  5519. 

Foreclosure  of,  affidavit  of  payment  of 
taxes  3756. 

Foreclosure  of,  exemptions  from  execution 
do  not  apply  52SS. 

Foreclosure  on  mines,  holder  entitled  to 
recover  expenditure  made  to  prevent  for- 
feiture 1091. 

Foreclosure,  practice  in  district  court,  refer- 
ence, service  by  publication,  rule  xxiii, 
p. 1429. 

Good  against  subsequent  conveyances  or 
incumbrances  to  parties  having  actual 
notice  or  notice  by  lis  pendens  5021. 

Holder  of  may  redeem  real  property  sold 
under  execution  5299. 

In  action  for  foreclosure  complaint  to  have 
affidavit  of  pavment  of  taxes  attached 
3756. 

Lis  pendens  in  actions  regarding  5021. 

Lost  and  restored,  limitation  5638. 

May  be  taken  by  referees  on  sale  in  parti- 
tion 5555. 

Not  affected  by  preferred  claim  for  wages 
5494. 

Not  of  record,  holder  of  need  not  be  made 
party  in  action  for  partition  5529. 

Of  property  of  churches,  associations  and 
societies,  district  court  may  make  order 
for  1369. 

Of  property  of  estates  of  deceased  persons, 
district  judge  may  make  order  authoriz- 
ing 6146. 

Of  real  property  is  not  deemed  conveyance 
without  foreclosure  5518. 

On  mine,  attaching  prior  to  issuance  of 
patent  not  to  be  impaired  2390. 

On  mine,  holder  of  may  recover  expendi- 
ture made  to  prevent  forfeiture  1091. 

On  real  and  personal  property,  foreclosure 
of,  sale,  land  in  two  counties,  execution, 
judgment  for  deficiency,  lien  5501. 

On  real  property,  venue  on  foreclosure  5011. 

On  undivided  interest,  becomes  charge  on 
individual's  part  after  partition  and  pay- 
ment of  costs  5547. 

Order  of  payment  in  actions  for  partition, 
verified  affidavit  of  amount  due  5549. 

Payable  in  installments  only  sufficient  prop- 
erty to  be  sold  to  pay  amount  due,  court 
may  order  more  sold  when  amounts 
become  due,  if  property  cannot  be  sold 
in  portions  more  may  be  ordered  sold  5503. 

Recorded  in  office  of  county  recorder  imparts 
notice  1093. 

Sale  for  taxes  on  3787. 


Civil  practice- 


INDEX 


2256 


Mortgage— continued . 

When  receiver  may  be  appointed  in  action 

to  foreclose  5193. 
Mortgage  lien,  on  homestead  may  be  given 

by  joint  consent  of  husband  and  wife  (Nev. 

Const,  art.  iv,  sec.  30)  288. 
Mortgaged  personal  property,  subject  to  levy 

under  attachment  or  execution  1080. 
Mortgaged  premises,  undertaking  on  appeal 

to  stay  execution  5351. 
Mortgagees    may   perform    conditions    after 

detainer  and  notice  5588. 
Mortgagees,  subsequent  deemed  to  take  with 

notice  of   conveyance  acknowledged  and 

recorded  1039. 

Mother,  consent  of  on  adoption  of  children 
5828. 

May  be  witness  in  action  to  determine 
paternity  of  illegitimate  child  765. 

When  entitled  to  damages  for  death  by 
wrongful  act  5648. 

When  may  sue  for  seduction  of  daughter 

4995. 
Motion,  and  order,  defined  5362. 

Determined  in  district  court,  not  to  be 
reheard  unless  by  leave,  after  notice, 
rule  xi,  p.  1427. 

For  change  of. place  of  trial  in  justice's 
court  5716. 

For  continuance  and  how  made  in  district 
court,  affidavits  and  counter-affidavits, 
service,  rule  xii,  p.  1427. 

For  new  trial,  based  on  affidavits,  counter- 
affidavits,  service  5320,  5324. 

For  new  trial,  district  judge  may  dispose  of 
at  chambers  4843. 

For  new  trial,  in  district  court,  execution 
not  to  be  stayed  pending,  except  upon 
bond  and  notice,  procedure,  D.  C.  rule 
xxvi,p.!429. 

For  new  trial  in  mandamus  proceedings  5702. 

For  new  trial,  when  must  be  made  before 
appeal,  when  not  necessary  5328. 

Hearing  of,  may  be  transferred  to  other 
judge  5365. 

In  district  court,  moving  party  entitled  to 
have  decided  if  opposing  party  does  not 
appear,  rule  xi,  p.  1427. 

In  district  court,  when  five  days'  notice 
required,  what  notice  to  specify,  what 
papers  to  be  served  with  notice,  court 
may  shorten  or  enlarge  time,  rule  x,  p. 
1427. 

Manner  of  making  and  hearing  in  district 
court,  rule  xi,  p.  1427. 

Notice  of  in  supreme  court,  five  days  unless 
time  shortened,  D.  C.  rule  xxiv,  p.  1425. 

Notice  of  time  of  may  be  shortened  by  judge 
5364. 

Notice  of  when  and  where  made,  how  for 
service  by  mail  5364. 

Or  proceeding,  noticed  in  district  court,  or 
set  for  time  certain,  if  not  heard  is  con- 
tinued without  order  and  may  be  dis- 
posed of  later,  D.  C.  rule  vi,  p.  1426. 

Or  issue  of  law  in  district  court,  when  may 
be  heard  orally  at  any  place  in  state  or 
submitted  on  briefs,  D*.  C.  rulevii,  p.  1426. 

Time  for  notice  or  hearing  of  may  be  short- 
ened or  enlarged  in  district  court,  rule  x, 
p.  1427. 


Motion— continued. 

To  change  place  of  trial  in  justice's  court, 
when  cannot  be  made  more  than  once  by 
same  party  5717. 

To  discharge  writ  of  attachment  for  irreg- 
ularity 5165. 

To  postpone  trial  for  absence  of  evidence 

To  retax  costs  5387. 

To  retax  costs  in  the  district  court,  party 
has  five  days  after  service  of  cost  bill,  rule 
xxxiv,  p.  1439. 

When  another  judge  may  hear  5365. 

When  justice's  court  may  of  its  own  post- 
pone trial  5757. 

Motion  and  orders,  at  chambers,  where  made 
5363. 

In  civil  action,  schedule  of  sections  5362. 
Motions,  minute  of,  to  be  entered  in  justice's 

court  docket  5800. 
Municipal  corporations,  owing  defendant  may 

be  garnished  5154. 

Municipal  court,  appeal  may  be  taken  from 
to  district  court  837. 

Jurisdiction  of  832-835. 

Powers  and  duties  of  to  be  fixed  by  law  so  as 
not  to  conflict  with  courts  of  record  (Nev. 
Const,  art.  vi,  sec.  9)  324. 
Municipal  fine,  district  court  has  jurisdiction 
of  cases  involving  legality  (Nev.  Const, 
art.  vi,  sec.  6)  321. 

If  legality  of  involved  in  justice's  court, 
case  to  be  transferred  to  district  court 
for  trial  5721. 

Municipality,  affairs  of,  when  may  be  closed 
by  court  873. 

May  have  contract  declared  void  if  public 
officer  interested  2829. 

Need  not  give  undertaking  on  appeal  5346. 
Music  teachers,  libraries  and  certain  property 

of,  exempt  from  execution  5288. 
Name,  if  true  not  known  defendant  may  be 
designated  by  any  name;    amendment 
of  name  5085. 

Of  female  may  be  changed  in  action  for 

divorce  5844. 

Names  of  persons,  changing,  notice  of  hear- 
ing, determination  of  objections,  order 
and  judgment  5837. 

Of  persons,  changing,  notice,  what  to 
state,  publication  5836. 

Of  persons,  changing,  petition  for,  what  to 
state,  filing  5835. 

Of  persons,  special  or  local  law  for  chang- 
ing, invalid  (Nev.  Const  art.  iv,  sec.  20) 
278. 

Naturalization,  certified  copies  of  papers  or 
records  are  evidence  2541. 

Congress  has  power  to  establish  uniform 
laws  relating  to  (U.  S.  Const.)  114. 

Depositions  admissible  on  hearing  of  ap- 
plication 2523. 

Duties  of  clerk  of  court  2518,  2525. 

Federal  laws  providing  for  2506-2544. 

Fees  of  clerk  of  court,  half  to  be  trans- 
mitted 2526. 

Forms  for  use  in  proceedings  for  2540. 

Hearing  to  be  in  open  court  2522. 

In  proceedings  to  restore  lost  records  re- 
lating to  citation  unnecessary  5642. 


2257 


INDEX 


Civil  practice 


Natural  ixation — continued. 

Not  to  be  ordered  within  thirty  days  prior 

to  general  election  2519. 
Notice  of  application  for  to  be  given  by 

clerk  of  court  2518. 
Proceedings  to  set  aside  2528. 
Schedule  of  sections  2506,  2514. 
When  lost  record  of  may  be  restored  5G40. 
Necessaries    furnished   wife,    when    reason- 
able value  may  be  recovered  from   hus- 
band 217*;. 

Neglect,  of  husband  to  provide  common  nec- 
essaries of  life,  when  ground  for  di- 
vorce 5838. 

To  perform  official  act,  ground  for  re- 
moval from  office  2851. 

Negligence,  injury  caused  by  gross  of  com- 
mon carrier,  mill  or  mine  operator, 
damages  recoverable  notwithstanding 
slight  negligence  of  employee  5651. 
(Questions  relating  to  for  jury  in  actions 
for  death  or  personal  injury  against 
common  carrier,  mine  or  mill  operator 
5651. 

When  common  carrier,  mill  or  mine  oper- 
ator liable  for  death  or  injury  of  em- 
ployee 5650. 

Negotiable  instruments,  parties  and  liability 
of  in  actions  regarding,  schedule  of  sec- 
tions 2548.     See  Negotiable  Instruments. 
Neuter  gender,   included   in  the  masculine 

5475. 

New  certificate  of  stock  of  corporation,  dis- 
trict court  may  order  in  lieu  of  one  lost 
1165. 
New  matter,  allegation  of  not  denied,  taken 

as  true  5075. 
In  answer  raises  issue  of  fact  in  justice's 

court  5763. 
In  plaintiff's  reply  to  answer  of  garnishee 

deemed  denied  5179. 
In  reply,  deemed  controverted  5075. 
New  trial,  allowed  in  garnishment  proceed- 
ings 5191. 

Appeal    from    order    denying    and    from 
judgment,  one  statement  for  both  and 
what  to  contain  5332,  5333. 
Appeal  from  order  granting,  time  for  state- 
ment and  what  to  contain  5332,  5333. 
Appeal  from  order  granting  or  denying, 
when  testimony  to  be  reduced  to  narra- 
tive form  in  statement  or  amendments 
to  proposed  statement  and  when  com- 
plete transcript  may  be  furnished  5333. 
Applicable  to  proceedings  in  eminent  do- 
main 5624. 

Application  for,  how  made  and  deter- 
mined, verdict  against  evidence,  when 
only  two  new  trials  5321. 
Civil  practice  in  regard  to  applicable  to 
certiorari,  mandamus  and  prohibition 
5713. 

Court  may  grant  of  its  own  motion  5321. 
Defined  5319. 

For  what  causes  granted  5320. 
In  civil  action,  schedule  of  sections  5319. 
In  district  court  execution  not  to  be  stayed 
pending  motion  for  except  upon  bond 
and  notice,  procedure,  D.  C.  rule  xxvi, 
p.  1429. 


New  trial — continued. 
In  district  court,  if  time  enlarged  for  fil- 
ing statement  or  affidavits,  adverse 
party  to  have  same  extension  for  filing 
amendments  or  counter-affidavits,  rule 
xx  iv,  p.  1429. 

In  district  court,  statement  to  be  settled 
by  referee  who  tried  case,  rule  xxv,  p. 
1429. 

In  justice's  court,  schedule  of  sections  5788. 
In  proceedings  to  obtain  right  of  way  for 

railroad  3542. 
Motion  for,  affidavit  and  counter-affidavits, 

service  5320,  5324. 
Motion  for,  district  judge  may  dispose  of 

at  chambers  4843. 
Notice  of  to  be  filed  and  served,  what  to 

contain  5323. 

On  appeal  supreme  court  may  order  4835. 
One  may  be  granted  in  mandamus  pro- 
ceedings 5701*. 
Order    granting    or     refusing    to     state 

grounds  5321. 

Time  for  appealing  from  an  order  grant- 
ing or  refusing  5329. 
Verified  memorandum  of  exceptions  relied 

upon  to  be  filed,  when  5322. 
Waiver  of  by  appealing  5328. 
When  district  court  may  order  on  appeal 

from  justice's  court  5794. 
New  trial,  when  motion  for  must  be  made 

before  appeal,  when  not  necessary  5328. 
Newspaper,  publication  of  notice  in  of  tak- 
ing testimony  for  perpetuation  5466.     See 
Newspapers. 

Nomination  for  office,  contest  for  under  pri- 
mary election  law  1764.     See  Elections. 
Contestee  required  to  appear  under  pri- 
mary election  law  1764.     See  Elections. 
Nonjudicial  days,  enumerated,  what  business 
allowed,  falling  on  Sunday,  Monday  fol- 
lowing observed  4870. 
When   excluded   in  computation  of  time 

5482. 

Nonresident  defendant,  in  divorce  action  to 
be  notified,   order,  publication,   service 
of  summons  5839. 
Dismissal  of  action  upon  failure  to  give 

security  for  payment  of  costs  5391. 
Plaintiff,  requirement  of  security  for  costs, 

stay  of  proceedings  5389. 
When  service  may  be  made  upon  clerk  or 

attorney  5375. 

Nonsuit,  in  what  cases  granted  and  how  en- 
tered 5237. 
Not  to  be  granted  for  nonjoinder  of  party 

in  action  for  unlawful  detainer  5592. 
Notaries'  fees,  in  counties  polling  over  800 

votes  2018.     See  Notary  Public. 
Notaries  public,  seal,  records  and  furniture 
of  exempt  from  execution  5288,  2753.     See 
Notary  Public. 

Notary  public,  certified  copy  of  record  of 
and  of  procedure,  when  evidence  2754, 
2759. 
Fees  of  when  not  over  800  votes  in  county 

2004. 

May  administer  oath  or  affirmation  5483. 
May  take  affidavits  to  be  used  in  this  state 
5450. 


Civil  practice 


INDEX 


2258 


Notary  publ ic — continued. 

May  take  affidavits  and  depositions  in 
other  state  or  territory  5451. 

May  take  depositions  of  witnesses  on  con- 
tinuance 5203. 

May  take  depositions  or  affidavits  to  be 
used  before  any  court,  judge  or  officer 
2750. 

Out  of  state,  may  take  deposition  5459. 
Note,  copy  of  as  complaint  in  justice's  court 
5736. 

Promissory,  or  other  instrument,  when 
admitted  in  justice's  court  unless  denied 
by  verified  answer  5770. 

Notice,  and  action  on  dispute  of  wages  as 
preferred  claim  5494. 

And  certification  of  wages  as  preferred 
claim  against  attachment  or  execution 
5494. 

And  citation  in  proceedings  to  restore  lost 
records  5642. 

And  undertaking  on  appeal,  order  of  serv- 
ice immaterial  5330. 

Application  for  order  for  payment  of  costs 
and  alimony  pendente  lite  in  divorce 
action  5843. " 

Before  sale  by  county  treasurer  of  property 
to  which  he  holds  deed  under  sale  for 
delinquent  taxes  3767. 

By  bank  examiner  to  persons  holding  claims 
against  closed  bank  671. 

By  district  judge  to  stockholders  of  pro- 
ceedings for  removal  of  directors  and 
officers  of  corporation,  publication  1180. 

By  referee  in  district  court  of  filing  report, 
D.  C.  rule  xxi,  p.  1428. 

Conveyance  acknowledged  and  recorded  is 
to  subsequent  purchasers  and  mortgagees 
1039. 

Courts  to  take  judicial  of  change  in  class 
or  organization  of  city  775. 

Declining  to  admit  amendments  to  state- 
ment on  appeal,  when  waived  5335. 

Failure  to  serve  upon  subtenant  entering 
after  action  no  defense  in  action  for  un- 
lawful detainer  5592. 

For  presentation  of  claims  against  bank  in 
hands  of  bank  examiner  671. 

For  taking  deposition  in  state  5455. 

If  given  of  motion  or  proceeding  in  district 
court  not  heard  at  time  continued  with- 
out order  and  may  be  disposed  of  later, 
D.  C.  rule  vi,  p.  1426. 

If  not  given  to  tenant  lease  of  agricultural 
lands  runs  for  another  year  5589. 

Imparted  by  records  in  office  of  county 
recorder  1093. 

In  action  by  majority  owners  against  mi- 
nority owners  for  expenditures  on  mines 
2478. 

In  cases  of  unlawful  detainer,  tenant  or 
mortgagees  may  perform,  condition  5588. 

In  delinquent  tax  suit,  publication,  posting 
and  filing  3663. 

Lienholders  to  appear  before  referee  in 
action  for  partition  5537. 

Mortgage  good  against  subsequent  convey- 
ances or  incumbrances  to  parties  having 
actual  notice  or  notice  by  lis  pendens  5021. 

Of  acceptance  of  offer  of  compromise  5265. 


Notice— continued . 

Of  action  for  divorce,  order,  publication 
5839. 

Of  appeal  from  judgment  in  justice's  court, 
what  must  contain  5788. 

Of  appeal,  insufficient  not  grounds  for  dis- 
missal 5358. 

Of  appeal,  one  sufficient  on  appeal  from 
judgment  and  order  granting  or  denying 
new  trial,  what  to  state  5330,  5348. 

Of  appeal,  receipt  of,  entry  in  justice's 
court  docket  5800. 

Of  appeal,  to  be  furnished  appellate  court 
with  transcript  5356. 

Of  appeal,  what  to  state,  how  filed  and 
served  5330. 

Of  appellant,  declining  to  admit  amend- 
ments to  statement  on  appeal  5331. 

Of  application  for  discharge  from  arrest  in 
civil  action,  service  5115,  5116. 

Of  application  for  naturalization  to  be  given 
by  clerk  of  court  2518. 

Of  application  for  order  of  court  to  convey 
homestead  when  wife  insane  2146,  2147. 

Of  application  for  order  to  allow  married 
woman  to  carry  on  business  in  her  own 
name,  publication  2191. 

Of  application  for  underground  survey  of 
mine  5511. 

Of  application  for  writ  of  mandamus  5698. 

Of  application  of  corporation  for  its  own 
dissolution,  to  be  published  by  clerk  1240. 

Of  application  to  amend  pleading  in  district 
court,  D.  C.  rule  xvii,  p.  1428. 

Of  application  to  change  name  of  person, 
what  to  state,  publication  5836. 

Of  application  to  dissolve  injunction  5143. 

Of  application  to  file  complaint  in  quo 
warranto  5664. 

Of  application  to  revise  election  of  officers 
of  corporation  1130. 

Of  application  to  take  deposition  out  of 
state  5459. 

Of  argument  in  mandamus  proceedings 
5703. 

Of  calling  up  question  in  district  court, 
may  be  heard  on  law  day  in  absence  of 
attorney,  D.  C.  rule  v,  p.  1426. 

Of  change  of  attorney  509. 

Of  contest  for  member  of  the  legislature, 
service  by  sheriff  1818. 

Of  contest  in  United  States  'land  office  to 
determine  mineral  or  .agricultural  char- 
acter of  land,  how  served  2397. 

Of  decision  on  demurrer  in  district  court, 
time  in  which  to  amend  or  plead,  D.  C. 
rule  viii,  p.  1427. 

Of  decision  on  motion  or  issue  of  law  in 
district  court,  when  to  be  given,  when 
need  not  be  given,  D.  C.  rule  vii,  p.  1426. 

Of  demand  for  inspection  of  book  or  writ- 
ing 5416. 

Of  disincorporation  of  city  to  be  given  by 
district  court  875. 

Of  election  contest  for  county  or  township 
office  to  be  given  by  clerk,  service  by 
sheriff  1808. 

Of  ex  parte  order  extending  time  must  be 
promptly  given  or  order  is  invalid,  how 
served,  D.  C.  rule  xxxvi,  p.  1430. 


2259 


INDEX 


Civil  practice 


Notice— continued. 

Of  filing  abstract  of  title  in  actions  for  par- 
tition 5544. 

Of  finding  or  decision  in  lower  court,  when 
required  to  be  given  to  curtail  time  for 
taking  exception  5345. 

Of  hearing  in  justice's  court  after  service 
of  summons  or  appearance  5733. 

Of  hearing  in  justice's  court,  parties  entitled 
to  one  hour  in  which  to  appear  after  time 
fixed  in  5733. 

Of  hearing  objections  to  changing  name  of 
person  5837. 

Of  hearing  on  refusal  to  obey  writ  of  man- 
damus 57«>7. 

Of  interpleading  of  claimant  in  garnishment 
proceedings  5180. 

Of  location  of  mine,  duplicate  in  office  of 
county  recorder  receivable  in  evidence 
same  "as  original  247:'.. 

Of  marriage  contract,  imparted  by  record- 
ing 2183. 

Of  motion,  for  new  trial,  in  mandamus  pro- 
ceedings 5702. 

Of  motion,  for  new  trial,  to  be  filed  and 
served,  what  to  contain  5323. 

Of  motion,  in  district  court,  when  five  days 
required,  what  to  contain,  what  papers 
to  be  served  with,  court  may  shorten  or 
enlarge  time,  D.  C.  rule  x,  p.  1427. 

Of  motion,  in  supreme  court,  five  days 
unless  time  shortened,  S.  C.  rule  xxiv, 
p.  1425. 

Of  motion,  time  for  may  be  shortened  by 
judge  5364. 

Of  motion,  time  may  be  shortened  or  en- 
larged by  district  court,  D.  C.  rule  x,  p. 
1427. 

Of  motion,  to  discharge  writ  of  attachment 
for  irregularity  5165. 

Of  motion,  to  permit  plaintiff  to  occupy 
premises  pending  action  under  eminent 
domain  5615. 

Of  motion,  to  strike  out  part  of  pleading  in 
district  court  to  specify  part,  D.  C.  rule 
xviii,  p.  1428. 

On  motion,  when  and  where  made,  how 
for  service  by  mail  5364. 

Of  pendency  of  action  for  partition  to  be 
filed  with  "county  recorder,  deemed  notice 
to  all  persons  5530. 

Of  pendency  of  action  to  determine  adverse 
claim  to  real  property,  to  be  filed  in 
office  of  county  recorder  5522. 

Of  petition  to  revive  judgment  when  pur- 
chaser fails  to  obtain  real  property  sold 
5306. 

Of  proceedings,  attorney  entitled  to  after 
appearance  5374. 

Of  proceedings  before  justice  of  the  peace 
to  set  aside  apprenticeship  493. 

Of  proposed  modification  of  findings,  serv- 
ice 5227. 

Of  rejection  of  claim  against  estate  of 
deceased  person,  action  to  be  brought 
within  30  days  5968. 

Of  sale  of  hogs  found  trespassing  2256. 

Of  sale  of  lots  in  federal  townsite  not  con- 
veyed within  one  year  1987. 

Of  sale  of  real  property  in  action  for  par- 
tition 5553. 


Notice — continued. 

Of  sale  of  unclaimed  baggage  left  at  hotel 
or  lodging-house  2153. 

Of  sale  of  unclaimed  property  by  jeweler  531 . 

Of  sale  of  unclaimed  property  bv  railroad 
539. 

Of  sale  under  execution,  how  given  52(.H). 

Of  taking  deposition  for  perpetuation  of 
testimony,  proof  of  service  to  be  filed 
with  clerk  5468. 

Of  taking  testimony  for  perpetuation,  serv- 
ice 5466. 

Of  time  and  place  of  trial  to  be  issued  by 
justice's  court  on  transfer  of  civil  action, 
service  5719. 

Of  time  of  holding  district  court  to  be  given 
by  judge  and  clerk,  rule  iii,  p.  1426. 

On  exception  to  or  justification  of  sureties 
on  undertaking  on  appeal  in  justice's 
court  5792. 

On  filing  of  petition  for  determination  of 
life  estate  5584. 

On  justification  of  sureties  on  undertaking 
on  appeal  5354. 

On  justification  of  sureties  on  undertaking 
to  release  attachment  51  ($4. 

<  )i  der  made  out  of  court  without  may  be 
vacated  or  modified  without  5326. 

Publication  of  in  action  to  enforce  lien  2227. 

Records  of  instruments  relating  to  mining 
claims  impart  1635. 

Records  relating  to  mining  claims  impart 
1635. 

Required  before  injunction  will  issue  after 
answer  5139. 

Required  before  rehearing  of  motion  de- 
termined in  district  court,  rule  xi,  p.  1427. 

Requiring  demurrant  interposing  general 
demurrer  in  district  court  to  furnish 
points  and  authorities,  rule  viii,  p.  1427. 

Service  of  and  papers  to  be  made  upon 
defendant  imprisoned  5374. 

Service  of  in  proceedings  to  restore  lost 
records  5643. 

Service  upon  garnishee  and  claimant  in  gar- 
nishee  proceedings  5180. 

To  abate  nuisance  in  unincorporated  town 
920. 

To  and  payment  by  delinquent  coowner 
regarding  annual  work  on  mine,  how 
given,  when  prima  facie  evidence  2432. 

To  appoint  attorney  or  appear  when  attor- 
ney dies  or  is  removed  510. 

To  be  given  by  district  judge  on  obtaining 
patent  as  trustee  for  federal  townsite  1982. 

To  intending  purchaser  in  action  for  recov- 
ery of  mine  and  ore  2489. 

To  present  claims  in  proceeding  for  disin- 
corporation  of  city  872. 

To  quit  or  surrender  real  property,  how 
served  5591 . 

To  show  cause  in  contempt  proceedings, 
when  required  5397. 

To  sureties  in  actions  against  sheriff  for 
official  acts  5242. 

To  the  world,  of  adoption  of  child  by  enter- 
ing and  recording  of  order  5832. 

When  imparted  by  record,  of  instrument  in 
county  recorder's  office  1093. 

When  required  for  issuance  of  writ  of  man- 
damus 5698. 


Civil  practice 


INDEX 


2260 


Notice — continued. 
Without  title  or  with  defective  title,  when 

•valid  5476. 

Notices,  and  papers,  how  served  5367,  5373. 
How  served  upon  nonresident  5375. 
May  be  served  on  county  clerk  when  party 

has  no  office  at  county-seat  5369. 
Service  by  mail,  how  made,  time  5373. 
When  and  how  served  5369. 
When  may  be  served  by  mail  5370. 

When  may  be  served  by  telegraph  5371. 
Notices,  filing  and  service  of  papers  in  civil 

actions,  schedule  of  sections  5367. 
Nuisance,  action  for  abatement  of  by  county 

commissioners  1562. 

Action  for  recovery  of  expense  of  abating 
in  unincorporated  town  921. 

Action  may  be  maintained  for  cost  of  re- 
moval 921. 

Defined,  actions  for  abatement  of,  judg- 
ment, damages  5504. 

In  incorporated  city,  jurisdiction  of  re- 
corders' courts  4853. 

In  unincorporated  towns  may  be  abated 
919,  921. 

Within  county,  commissioners  to  order 
abated,  district  attorney  to  bring  action 
1562. 

Number,  singular  includes  plural  5475. 
Numerals,  permissible  in  court  proceedings 

4885. 

Oath,  affirmation  may  be  taken  instead  of, 
form  5448. 

And  custody  of  jury  5208. 

Answer  to  writ  of  mandamus  to  be  under 
5699. 

Answer  under  must  specifically  deny  or 
written  instrument  will  be  admitted  in 
justice's  court  5770. 

Application  for  commitment  of  insane 
person  to  be  under  2204. 

Commissioner  to  be  authorized  by  com- 
mission  to  administer  in  taking  deposi- 
tion out  of  state  5461. 

Complaint  for  divorce  to  be  under  5838. 

Includes  affirmation  or  declaration  5475. 

May  be  administered  by  arbitrators  in 
voluntary  submission  of  dispute  be- 
tween employer  and  employee  1932. 

May  be  administered  by  district  judge  in 
proceedings  for  removal  of  officers  of 
corporation  1182. 

Necessity  for  adjournment  to  be  shown 
under  on  amendment  of  pleadings  in 
justice's  court  5742. 

Of  applicant  before  making  order  allow- 
ing married  woman  to  carry  on  business 
as  sole  trader  2191. 

Of  arbitrators  5259. 

Of  office,  to  be  administered  to  receiv- 
ers and  other  officers  without  charge 
2039. 

Of  persons  appointed  on  probation  com- 
mittee 734. 

Of  viewers  in  proceeding  for  erection  of 
partition  fences  3607. 

Or  verified  answer  showing  grounds  for 
transfer  of  case  from  justice's  court  to 
district  court  5721. 

Persons  to  be  examined  under,  appearing 
before  district  judge  in  proceedings  for 
adoption  of  children  5829. 


Oath — continued. 

Refusal   of  witness  to  take,  punishment 

5438. 
To  be  taken  for  discharge  from  arrest  in 

civil  action  5118. 
To  petition  for  changing  name  of  person 

5835. 
When  may  be  administered  to  witnesses 

by  arbitrators  5258. 
Who  may  administer  5483. 
Objection,    if   made   by   taxpayer   to   claim 
against  county,  commissioners  to  defer 
action  at  least  ten  days  to  allow  insti- 
tution of  proceedings  to  determine  va- 
lidity 1521. 
Point  of,  need  not  be  repeated  in  taking 

exception  5317. 

To  amendment  to  statement  on  appeal, 
when  waived,  time  for  may  be  enlarged 
5335,  5336. 

To  form  of  interrogatory  in  testimony 
taken  for  perpetuation,  when  may  be 
made  at  examination  and  before  trial 
5470. 

To   testimony    certified   by   official    court 
stenographer  for  use  on  subsequent  trial 
5472. 
To  witness  or  question  in  testimony  taken 

for  perpetuation,  how  made  5471. 
Objection,  certain,  to  complaint  not  taken 

by  demurrer  or  answer  waived  5045. 
Made  in  justice's  court,  either  party  may 

have  benefit  of  on  appeal  5791. 
Not  apparent  on  face  of  complaint  taken 

by  answer  5044. 
To  instructions  in  district  court,  rule  xl, 

p.  1431. 

Which  must  be  taken  by  reply  5056. 
Obstetrics,    applicant    for    certificate    may 
appeal  to  courts  from  decision  of  board 
of  medical  examiners  2366. 
Occupancy,  and  survey  of  public  lands  as 
basis  for  possessory  action,   recording, 
affidavit.5850,  5851. 

Of  lot  in  federal  townsite  as  basis  for  ob- 
taining title  1983. 

Of  premises  pending  action  under  emi- 
nent domain  5615. 

Occupant,  of  public  lands  under  act  relating 

to  possessory  actions  may  pay  fee  and 

absent  himself,   when  absence  forfeits 

right  5853. 

Of  real   property   in  relation  to  forcible 

detainer  defined  5587. 

Offer,  to  allow  judgment  in  justice's  court 
not  admissible  in  evidence,  when  further 
costs  not  recoverable  5777. 
Office,  city,  action  to  contest,  how  brought 

and  determined  801. 

Not  to  be  held  by  persons  convicted  of 
bribery  and  certain  other  crimes  (Nev. 
Const  art  iv,  sec.  10)  268. 
Officer,   action   against  for  escape  of  pris- 
oner arrested  on  civil  process  may  be 
brought  within  two  years  4967. 
Action  against  for  money  paid  under  pro- 
test as  taxes  may  be  commenced  within 
one  year  4967. 
Action  against  for  seizure  of  property  may 

be  brought  within  one  year  4967. 
As  a  party  to  action,  when  not  required 
to  give  bond  or  undertaking  5487. 


2261 


INDEX 


Civil  practice 


Officer — continued. 

County  or  revenue,  under  presentment 
may  be  suspended  from  office  by  county 
commissioners  3753. 

Custodian  of  public  records  of  this  state 
or  the  United  States  to  certify  or  verify 
copy  5409. 

Every  authorized,  to  take  testimony  may 
administer  oath  or  affirmation  54s:1,. 

Guilty  of  malfeasance  to  be  cited  by  dis- 
trict court  2852. 

Holding  execution  or  deputy  not  to  pur- 
chase at  sale  5292. 

Judgment  of  removal  for  malfeasance, 
pending  appeal  office  to  be  filled  as  in 
case  of  vacancy  2854. 

Making  sale  under  execution  to  deliver 
personal  property  and  certificate  of  sale 
to  purchaser  5296. 

May  be  removed  for  malfeasance  2851, 
2852. 

May  have  execution  in  own  name  if  un- 
paid fees  2027. 

May  make  deed  for  real  estate  sold  by 
predecessor  16G2,  1663. 

May  reject  bid  of  person  who  has  refused 
to  pay  bid  at  execution  sale  5294. 

May  sell  property  again  under  execution 
if  bidder  refuses  to  pay  5293. 

Of  corporation  may  verify  pleading  5064. 

Of  corporation  owing  debtor  may  be  ex- 
amined on  proceedings  supplementary 
to  execution  5310. 

On  removal  of  for  malfeasance,  clerk  to 
transmit  copy  of  judgment  to  governor 
or  county  commissioners  2853. 

Public,  when  statute  of  limitations  does 
not  run  during  term  2866. 

Refusing  to  obey  writ  of  mandamus,  sal- 
ary may  be  applied  on  fine  5707. 

Removed  for  malfeasance,  successor  to 
be  appointed  by  governor  or  board  of 
county  commissioners  2853. 

Return  of  warrant  of  arrest  and  under- 
taking in  contempt  proceedings  5401. 

Revenue,  may  be  removed  or  suspended 
and  another  appointed  to  perform  du- 
ties pending  charges  3753. 

Revenue,  may  be  suspended  and  another 
appointed  to  perform  duties  pending 
charges  3753. 

Selling  property  under  execution  without 
giving  notice,  damages  and  penalty 
5291. 

To  be  paid  in  advance,  cost  of  publication 
•of  process  or  paper  2026. 

To  enter  fee  in  book  under  title  of  pro- 
ceeding, subject  to  inspection  2020. 

To  file  duplicate  certificate  of  sale  under 
execution  with  county  recorder  5298. 

To  serve  and  execute  writs  and  papers  sent 
by  telegraph,  liability  5371. 

Unlawful  to  be  interested  in  purchase  at 
sale  made  officially  2828. 

When  decree  to  be  entered  against  for 
removal  for  malfeasance  2852. 

When  excused  from  bringing  person  arrested 
in  contempt  proceedings  5407. 

When  liable  for  arresting  in  civil  action 
witness  subpenaed  5446. 


Officer— continued. 

When  not  liable  for  more  than  amount  bid 
by  second  purchaser  and  amount  col- 
lected from  purchaser  refusing  to  pay  at 
sale  under  execution  5295. 
Officers,  liable  to  penalty  for  failure  to  post 
table  of  fees,  recoverable  before  justice 
of  the  peace  2025. 

Not  to  charge  for  administering  oath  of 
office  to  receivers  and  other  officers  2039. 

Of  corporation  liable  in  damages  for  mak- 
ing false  report  1175. 

Of  the  state,  when  may  attack  collaterally 
due  incorporation  of  company  1154. 

Provision  to  be  made  for  removal  of  cer- 
tain for  malfeasance  or  nonfeasance  (Nev. 
Const,  art.  vii,  sec.  4)  337. 

Public,  fees  and  salaries  of,  subject  to 
attachment  and  execution  2864. 

Removal  by  impeachment,  schedule  of  sec- 
tions 6878.  See  Impeachment  and  refer- 
ence thereto. 

State  or  judicial,  liable  to  impeachment 
for  misdemeanor  or  malfeasance  (Nev. 
Const,  art.  vii,  sec.  2)  335. 

To  post  table  of  fees  2025. 
Official  bond,  how  sureties  may  be  released, 
liability  2880-2883. 

May  be  furnished  by  surety  company  2888. 

To  the  state,  action'may  be  brought  on  by 
any  person  injured,  in  own  name  2870. 

When  surety  may  be  released  on  payment 

of  proportion  2886. 

Official  court  stenographer,  when  testimony 
taken  by  may  be  used  on  subsequent 
trial  5472. 

When  to  certify  testimony  for  use  on  sub- 
sequent trial  5372. 

Oil  pipe  lines,  and  tanks  or  reservoirs,  emi- 
nent domain  may  be  used  for  purpose  of 

building  5606. 
Omission  or  error,  in  primary  election  may  be 

ordered  corrected   by  justice  of   supreme 

court  or  district  judge,  disobedience  con- 
tempt 1763.     See  Elections. 
Opinion,  copy  of,  to  be  furnished  appellate 
court  on  appeal  5356. 

Of  supreme  court,  decision  not  effective 
until  opinion  filed  with  clerk  376. 

Of  supreme   court,  to  be  forwarded  with 

remittitur,  S.  C.  rule  xvi,  p.  1424. 
Opinions,  of  supreme  court  to  be  in  writing 

and  recorded  4839. 
v  Of   supreme   court   to  be  recorded,  S.  C. 

rule  xiv,  p.  1424. 
Oral,  what  pleadings  may  be  in  civil  action 

in  justice's  court  5734. 
Oral  evidence,  of  loss  and  contents  of  writing 

5417. 
Order,  and  motion,  defined  5362. 

Appeal  from,  transcript,  of  what  to  consist 
5356. 

Appealed  from,  may  be  reversed,  affirmed 
or  modified  5259. 

Appealed  from  on  certified  copy  of  findings 
and  order  5342. 

Application  for  refused,  not  to  be  made 
again,  except  to  judge  of  higher  court, 
violation  a  contempt,  order  may  be 
vacated  4881,  4882. 


Civil  practice 


INDEX 


2262 


Order— continued. 

Based  on  affidavit,  appeal  from,  copy  to  be 

attached  5339. 
Bill  of  exceptions  may  be  settled  at  time  of 

making  5343. 
By  county  clerk  or  justice  of  the  peace  to 

admit  stockholder  to  mine  2495. 
By  district  court  for  transmission  of  papers 

by  justice's  court  on  appeal,  service,  fine 

5791. 
Damages  may  be  added   to  when    appeal 

taken  for  delay  5359. 
Denying  new  trial,  appeal  from  and  from 

judgment,  one  statement  for   both    and 

what  to  contain  5332,  5333. 
Disobedience  of  in  supplementary  proceed- 
ings punishable  as  contempt  5314. 
Disobedience  of  is  contempt  5394. 
Disobedience  of,  punishable  as  contempt  in 

justice's  court  5795. 

District  court  or  judge  may  make  prelimi- 
nary, regarding  property  pending  action 

for  divorce  5841. 
Ex  parte,  extending  time  is  invalid  unless 

notice  promptly  given,  rule  xxxvi,  p.  1430. 
Fixing  time  for  division  of  mining  claims 

by  referees  in  action  for  partition  5577. 
For  arrest  in  civil  action,  may  be  vacated 

5113. 
For  arrest  in  civil  action,  requirements  5089, 

5092. 
For  arrest  of  person  for  receiving  fees  in 

election  contest  1815. 
For  bank  examiner  to  show  cause  why  he 

should  not  be  enjoined  675. 
For  consolidation  of  actions  5478. 
For  deli  very  of  property  stolen  or  embezzled 

7446-7448. 
For  disposition  of  proceeds  if  court  directs 

sale  of  homestead  when  wife  insane  2147. 
For  examination  of  debtor  in  proceedings 

supplementary  to  execution  5307,  5308. 
For  examination  of  witness  for  perpetua- 
tion of  testimony  to  be  filed  with  clerk  5468 . 
For  inspection  and  furnishing  copy  of  writ- 
ten instrument  in  justice's  court  5769. 
For  jury  trial  in  mandamus  proceedings  5700. 
For  payment  of  money,  may  be  enforced  by 

execution  same  as  judgment  5366. 
For   publication    of   notice   in    action    for 

divorce  5839. 
For  publication  of  summons  in  action  to 

determine  adverse  claim  to  real  property 

5523. 
For  transferring  hearing  of  motion  to  other 

judge  5365. 

For  trial  by  jury  of  special  issues  4945. 
For    underground    survey    of    mine,  how 

obtained  5511. 
Granting  or  denying  new   trial,  only  one 

notice    and  undertaking  required   5348. 
Granting   or    denying   new    trial,  to    state 

grounds  5321. 
If  application  for  be  made  to  one  district 

judge  not  to  be  made  to  another  unless 

upon  written  consent,  rule  xlii,  p.  1431. 
In  civil  action,  how  re  vie  wed  on  appeal  5325. 
In  name  of  state,  court,  or  judicial  officer 

is  "writ,"  when  5475. 
Judgment  of  supreme  court  relating  to  on 

appeal  to  be  entered  in  trial  court  5360. 


Order— continued . 

Made  out  of  court  without  notice  may  be 
vacated  or  modified  without  notice  5326. 

May  be  made  that  money  or  thing  be 
deposited  in  court  5192. 

Of  arrest  if  indorsed  on  summons  in  jus- 
tice's court  to  be  returnable  forthwith 
5728. 

Of  arrest  in  civil  action  to  be  entered  in 
justice's  court  docket  5800. 

Of  arrest  of  defendant  in  certain  civil 
actions  in  justice's  court  5744. 

Of  arrest  of  defendant  in  civil  action  in 
justice's  court,  affidavit  and  undertaking 
5745. 

Of  court  for  change  of  attorney  508. 

Of  court  for  payment  of  money  transmitted 
in  lieu  of  undertaking  on  appeal  from 
justice's  court  5792. 

Of  court  in  quo  warranto,  penalty  for  re- 
fusal to  obey  5679. 

Of  discharge  from  arrest  in  civil  action  5119. 

Of  district  court  for  appointment  of  proba- 
tion committee  734. 

Of  district  court  for  changing  name  of 
person  5837. 

Of  district  court  for  new  election  of  officers 
of  corporation  1130. 

Of  district  court  may  be  entered  in  term  or 
vacation  4842. 

Of  -district  court  not  to  be  vacated,  modi- 
fied or  corrected  unless  upon  notice 
within  six  months,  rule  xlv,  p.  1431. 

Of  district  judge  for  adoption  of  child  5829, 
5831. 

Of  district  judge  for  dissolution  of  corpo- 
ration on  its  own  application  1240. 

Of  district  judge  for  payment  of  expenses 
for  insane  from  property  or  by  kindred 
2200. 

Of  district  judge  on  adoption  of  child,  to  be 
entered  in  minutes  and  recorded  in  office 
of  county  recorder  5832. 

Of  district  judge  that  books  and  papers  of 
corporation  be  delivered  to  officers  elect 
1182. 

Of  judge  of  district  court  for  permission  to 
withdraw  papers,  rule  xix,  p.  1428. 

Of  justice's  court  adjudging  person  guilty 
of  contempt  5796. 

Of  justice's  court  for  summoning  jurors  in 
civil  action  5768. 

On  publication  for  determination  of  life 
estate  5584. 

Property  lost  under  erroneous  may  be 
restored  on  appeal  5359. 

Relief  may  be  given  from  when  obtained 
by  mistake  or  inadvertence  5084. 

Regarding  redemption  or  partition,  time 
for  appealing  from  5329. 

Restraining,  preventing  defendant  from 
interfering  with  work  of  plaintiff  in  pro- 
ceedings under  eminent  domain  5615. 

Shortening  time  for  notice  for  taking  depo- 
sition in  state  5455. 

Special  made  after  final  judgment,  time  for 
appealing  from  5329. 

That  claimant  be  interpleaded  in  garnish- 
ment proceedings  5180. 

To  allow  party  to  survey  real  property 
5512,  5513. 


2263 


INDEX 


Civil  practice 


Order— continued. 

To  permit  plaintiff  to  occupy  premises  pend- 
ing action  under  eminent  domain  5615. 
To  show  cause  in  contempt   proceedings, 

when  required  5397. 
To  show  cause  in  proceedings  to  restore 

lost  records  5642. 

To  showr  cause  in  prohibition  5710. 
To  show  cause  in  writ  of  mandamus  5697. 
To  show  cause,  when  another  judge  may 

hear  5365. 
To  show  cause  why  writ  of  certiorari  should 

not  be  granted  5685. 
To  stay  execution  pending  motion  for  new 

trial  in  district  court,  procedure,  rule  xxvi, 

p.  1429. 
Vacating  award  of  arbitrators,  when  may  be 

made  5261. 

What  ordered  deemed  excepted  to  5318. 
When  another  judge  may  hear  5365. 
When  appeal  from  to  be  accompanied  by 

statement  5338. 
When  court  below  may  proceed  upon  other 

matters,  notwithstanding  appeal  5352. 
When  may  be  served  by  telegraph  5371. 
Orders,    and    motions    at   chambers,  where 

made  5:M>3. 
And  motions  in  civil   actions,  schedule  of 

sections  5362. 

Duty  of  sheriff  to  execute  1648,  1650. 
Intermediate  affecting   judgment  may  be 

reviewed  upon  5340. 
Preliminary  and  final  in  divorce  proceeding 

may  be  in  such  form  as  most  effective 

5842. 
Ordinance,  by  city  for   special    assessment, 

certified  copy  prima  facie,  evidence  867. 
Ores,  damages  for  extraction  of  from  mine, 

how  assessed  .V>0<). 

Eminent  domain  may  be  used  for  supply- 
ing water  for  reduction  ;"><;or>. 
Metal-bearing  exempt  from  execution  5822- 

5824. 
Sold  at  reduction  works  preferred  lien  upon 

bullion  5492. 
Original  exhibit,  when  may  be  brought  up 

on  appeal  5344. 
Original  jurisdiction,  supreme  court  has  in 

contest  for  state  office  1823. 
Original  writs,  what  may  be  issued  by  the 
supreme  court  and  justices  thereof  4834, 319. 
Ormsby  County,  action  may  be  brought  in 
against  the  state  for  services  or  advances 
authorized  by  law  5653. 

Ouster,  judgment  for  in  quo  warranto  5667. 
Paleontological  remains,  exempt  from  execu- 
tion 5822-5823. 
Paper,  not  to  be  withdrawn    from    district 

court    without    order    of  judge,  original 

evidence  not  to  be  taken,   rule  xix,   p. 

1428. 
Without  title  or  with  defective  title,  when 

valid  5476. 
Papers,  all  blanks  must  be  filled  in  by  justice 

of  the  peace  before  issuance  except  sub- 
pen  as  5809. 
And  documents  in  district  court  to  be  on 

legal  cap,  in  proper  form,  and  not  to  be 

amended    by  changing  original  without 

leave  of  court,  rule  ix,  p.  1427. 


Papers— continued. 

And  notices,  howT  served  upon  nonresident 
5375. 

Appeal  may  be  dismissed  if  requisite  are 
not  furnished  5356. 

District  court  may  compel  transmission  of 
by  justice's  court  on  appeal,  service  of 
order,  fine  5791. 

How  served  5367-5373. 

In  civil  action,  filing  and  serving,  schedule 
of  sections  5367. 

Not  to  be  taken  from  supreme  court  with- 
out order,  rule  xvii,  p.  1424. 

Production  may  be  required  by  arbitrators 
on  voluntary  submission  of  dispute  be- 
tween employer  and  employee  1932. 

Tranmission  of  on  change  of  trial  of  civil 
action  in  justice's  court  5719. 

What  to  be  transmitted  by  justice's  court 
on  appeal  to  district  court  5791. 

When  may  be  served  by  telegraph  5371. 

Witness  may  be  compelled  to  produce  5416. 

Witness  required  to  produce,  under  subpena 

5436. 

Parent,  may  give  bond  for  appearance  of  child 
under  juvenile  court  law  742. 

Notice  to,  on  proceeding  before  justice  of 
the  peace  to  set  aside  apprenticeship, 
costs  493. 

On  adoption  of  child,  relieved  of  responsi- 
bility and  rights  over  5830. 

Or  guardian,  may  sue  for  death,  injury  or 
seduction  4995,  499<>. 

Person  adopting  child  sustains  legal  relation 

of  58: 50. 
Parks,  eminent  domain  may  be  exercised  for 

5606. 
Partial  partition,  actions  for,  who  may  bring 

6527, 

Parties,  action  in  behalf  of  one  ward  on  bond 
of  guardian,  other  wards  need  not  be 
made  parties  6lxi. 

Action  may  be  brought  against  several 
claiming  same  office  1817. 

All  persons  claiming  estate  or  land  under 
common  title  may  unite  in  action  to 
establish  same  5000. 

All  persons  having  interest  adverse  to  the 
plaintiff  may  be  joined  as  defendants  4999. 

All  persons  having  interest  in  relief  de- 
manded may  be  joined  as  plaintiffs  4998. 

All  persons  interested  in  estate  to  be  made 
in  proceeding  for  decree  that  executor  or 
administrator  convey  real  property  under 
contract  of  decedent  6032. 

And  liability  of  in  actions  on  negotiable 
instruments,  schedule  of  sections  2548. 

Are  barred  by  service  of  summons  in  action 
for  partition  5565. 

Court  may  order  others  brought  in  5008. 

Defendants  may  be  sued  in  name  or  style 
under  which  contract  was  made  5003. 

Expected  to  be  ready  for  trial  when  case  is 
called  in  district  court,  may  stipulate  for 
day  with  approval  of  court,  rule  iv,  p. 
1426. 

In  action  against  partners  only  general  to 
be,  exception  2907. 

In  action  by  majority  owners  against  minor- 
ity owners  for  expenditures  on  mines  2478. 


Civil  practice 


INDEX 


2264 


Parties — continued. 

In  action  by  or  against  executor,  not  nec- 
essary to  join  those  who  are  not  quali- 
fied 6027. 

In  case  of  death  or  disability  action  maybe 
continued  by  or  against  representative 
5004. 

In  civil  action  not  originally  summoned, 
schedule  of  sections  5243. 

In  civil  actions,  schedule  of  sections  relat- 
ing to  4986. 

In  interest,  all  may  appear  in  eminent 
domain  5613. 

In  interest  to  be  joined  in  action  5001. 

Interested,  citation  and  notice  to  issue  to  in 
proceedings  to  restore  lost  records  5642. 

Infant  or  insane,  how  guardian  ad  litem 
appointed  in  civil  action  in  justice's 
court  5726. 

May  agree  to  form  interrogatories  for  tak- 
ing deposition  out  of  state  or  to  taking 
without  interrogatories  5460. 

May  agree  to  postponement  of  civil  action 
in  justice's  court  5758. 

May  agree  to  referees  5232. 

May  agree  upon  person  to  take  deposition 
out  of  state  5459. 

May  appear  in  person  or  by  attorney  in 
justice's  court  5725. 

May  unite  for  purposes  of  division  in  action 
for  partition  and  give  notice  5579. 

May  waive  trial  by  jury  in  civil  action  in 
justice's  court  5766. 

Names  of  to  be  kept  in  alphabetical  index 
to  docket  in  justice's  court  5802. 

Not  summoned  in  action  on  joint  contract 
may  be  summoned  after  judgment  5343. 

Required  to  appear  when  court  held  at 
another  place  4874. 

Residing  out  of  county,  service  on  in  pro- 
ceedings to  restore  lost  records  5643. 

Settlement  between,  does  not  affect  lien  for 
attorneys'  fees  5376. 

Severally  liable  may  be  joined  in  same 
action  5002. 

Substitution  in  case  of  death,  disability  or 
assignment  5004. 

Substitution  of  claimant  5005. 

To  action  in  justice's  court,  entitled  to  one 
hour  in  which  to  appear  after  time  fixed 
in  notice  5733. 

To  action  to  restore  lost  will  or  deed  5633. 

To  action,  when  husband  must  be  joined 
with  wife  4989. 

Unknown,  served  by  publication,  when 
bound  by  judgment  in  action  for  parti- 
tion 5541. 

When  evidence  taken  for  perpetuation  may 
be  introduced  in  action  between  5470. 

When  residence  determines  place  of  trial 
5014. 

When  to  pay  fees  of  court  reporter  4913. 

Who  may  intervene  5006. 

Whose  names  are  unknown  may  be  served 

by  publication  5030. 
Partition,  action  for,  schedule  of  sections  5527. 

Action  for,  what  complaint  to  set  forth  5528. 

Action  for,  when  cost  of  abstract  of  title  al- 
lowed, notice,  abstract  must  be  filed  5544. 

Action  for,  when  interest  allowed  on  dis- 
bursements 5546. 


Partition— continued . 

Actions  for,  who  may  bring,  partial  partition 
5527. 

Allowance  in  action  for  of  expenses  pre- 
viously incurred  by  cotenant  5543. 

Conveyances  must  be  recorded  and  are  bar 
against  parties  5565. 

Court  may  appoint  single  referee  on  con- 
sent of  parties  5575. 

Court  may  fix  time  for  division  of  mining 
claims  5577. 

Court  may  order  referee  to  divide  mining 
claims  5576. 

Court  must  direct  terms  of  sale  or  credit, 
may  direct  investment  of  purchase  money, 
when  5554. 

Court  must  secure  value  of  future  interests 
5559. 

Court  to  order  just  sum  paid  to  tenant  on 
sale  5557. 

Disposition  of  proceeds  belonging  to  un- 
known owners  5566,  5567. 

Division,  how  to  be  made  by  referees  5578, 
5579. 

Duties  of  clerk  concerning  investments  5569. 

Expenses  of  referees  apportioned  among 
parties  5583. 

Further  pleading  and  testimony  maybe  had 
before  court  or  referee  after  sale  5552. 

Guardian  may  consent  to  without  action 
and  execute  release  5573. 

How  abstract  of  title  made,  verified  and 
corrected  5545. 

How  may  be  made  by  referees  in  action  for 
5539. 

If  sale  confirmed,  conveyance  must  be  exe- 
cuted, order  for  disposition  of  proceeds 
5563. 

In  action  for,  all  rights  maybe  determined, 
proof,  judgment  5534. 

In  action  for,  answer  what  to  contain  5533. 

In  action  for,  lien  claimant  may  be  required 
to  first  exhaust  other  securities  5550. 

In  action  for,  lienholders  not  of  record 
need  not  be  made  parties  5529. 

In  action  for,  lienholders  to  be  made  parties 
or  referee  to  be  appointed  to  ascertain 
regarding  liens  5536. 

In  action  for,  lienholders  to  be  notified  to 
appear  before  referee  5537. 

In  action  for,  summons  to  be  directed  to 
all  parties  interested  5531. 

In  action  for,  lis  pendens,  must  be  filed  by 
plaintiff , deemed  notice  to  all  persons  5530. 

In  action  for,  plaintiff  to  produce  certificate 
of  recorder  showing  no  liens  5535. 

Judgment  in  action  for,  does  not  affect  ten- 
ant for  less  than  ten  years  5542. 

Lien  on  individual  interest,  charge  on  own- 
er's part  5547. 

Marking  off  of  part  to  party  accepting 
smallest  portion  of  mining  claim  5580. 

Of  homestead  of  value  over  $5000,  when 
may  be  had  under  execution  2144. 

Of  mining  claim,  remainder  of  bids  after 
first  bidder,  how  marked  off  5581. 

Of  real  estate,  guardian  may  join  in  6166. 

Of  real  property,  venue  5011. 

Parties  may  unite  for  purposes  of  division, 
order  of  court  5579. 


2265 


INDEX 


Civil  practice 


Partition— continued. 

Proceeding  if  lienholder  becomes  purchaser 
5564. 

Proceeds  of  sale,  how  distributed  or  de- 
posited 5551,  5552. 

Proceeds  of  sale  of  encumbered  property, 
how  applied  5549. 

Receipt  for  securities  delivered  to  parties 
by  referees  to  be  filed  with  clerk  5568. 

Referees  must  make  report  of  sale  to  court 
5562. 

Report  of  referees,  what  to  be  returned  with 
5582. 

Sale  by  referee,  how  made  .>">.">:*. 

Sale  in,  referees  may  take  securities  for  pur- 
chase money  5555. 

Security  or  investment  of  proceeds  to  be 
taken  in  name  of  clerk  of  county  5567. 

Security  taken  by  referees  to  be  in  name 
of  parties  when  ascertained  by  agree- 
ment or  order  of  court  5568. 

Service  of  summons  by  publication,  with 
description  5532. 

Share  of  infant  paid  to  guardian  5571. 

Share  of  insane  person  to  be  received  by 
guardian  5572. 

Terms  and  manner  of  sale  must  be  made 
known,  and  distinct  lots  must  be  sold 
separately  5560. 

Tenant  to  receive  compensation  from  pro- 
ceeds of  sale  5557. 

Tenants  whose  estate  is  sold  to  receive 
compensation  5556,  5557. 

Unknown  tenants  to  be  protected  5558. 

When  court  may  order  sale  in  action  for 
5688. 

When  unequal  made,  compensation  to 
equal i/c  -ViTo. 

Who  bound  by  judgment  in  action  for 
5541. 

Who  may  not  be  purchasers  5561. 
Partition  fences,  proceedings  for  erection  at 

joint  expense  3604-3608. 

Partners,  cases  relating  to,  members  of  lim- 
ited partnership  subject  to  same  liabilities 
and  rights  as  general  partners  2909. 

In  action  against,  only  general  to  be  parties, 
exception  2907. 

In     action     between,    receiver     may     be 

appointed  5193. 

Partnership,  allegation  of  as  a  legal  conclu- 
sion, when  sufficient  5078. 

Copies  of  entries  of  county  clerk  and  affi- 
davits of  publication  relating  to  partner- 
ship are  prima  facie  evidence  2914. 

Included  in  word  "person"  5475. 

Schedule  of  sections  relating  to  the  federal 

act  543. 

Party,  aggrieved,  may  bring  action  in  district 
court  to  set  aside  damages  awarded  by 
viewers  on  opening  of  highway  3015. 

Any  who  is  injuriously  affected  may  bring 
action  to  abate  nuisance  5504. 

Competent  as  a  witness  may  be  compelled 
to  give  testimony  orally  or  by  deposition 

Cannot  testify  when  other  to  transaction  is 

dead  5419,  5423. 
Death  of  after  filing  report  of  referee  does 

not  invalidate   judgment   in    action    for 

partition  5541. 


Party — continued . 

Either  may  bring  issue  to  trial  5201. 
Either  may  read  in  evidence  on  subsequent 

trial  testimony  certified  by  official  court 

stenographer  5472. 
Entitled   to  jury   trial   of  issue  of  fact   in 

action  for  divorce  5845. 
Failure  to  obey  or  to  be  sworn  or  answer 

or  to  subscribe  affidavit  or  deposition, 

complaint  or  answer  may  be  stricken  out 

5438. 
Having  interest  may  apply  to  court  to  be 

brought  in  5008. 
In  action  for  partition,  holder  of  lien  not 

of  record  need  not  be  made  5529. 
In  interest,  revival  of  judgment  for  when 

purchaser  fails  to  obtain  real  property 

sold  under  execution  5306. 
Irregularity  of  ground  for  new  trial  5320. 
Joint  debtor  released  of  his  proportion  not 

necessary  5847. 
Jointly  liable,  how  may  be  released  from 

his  proportion,  effect  5846. 
Liable  for  injury  to  real  property  surveyed 

under  order  5613. 

May  object  to  referee,  grounds  5233. 
May  subscribe  to  pleading  .">0(>i>. 
New    corporation    may   be   substituted  in 

action   by  or  against  corporations  con- 
solidated 1148. 
New  may  be  made  in  case  of  counter-claim 

5051. 
Nonjoinder  of,  not  ground  for  nonsuit  in 

action  for  unlawful  detainer  5592. 
Not  to  include  in  statement  on  appeal  any 

more  of  testimony  or  proceedings  than 

necessary  and  not  to  recover  costs  for 

surplusage  5333. 

Prevailing  entitled  to  costs  5376,  5377. 
Refusing    to    testify    or    give    deposition, 

pleadings  may  be  stricken  out  or  judg- 
ment taken  5421. 

To  explain  alteration  in  writing  5418. 
Under   legal  disability  bound  in  action  to 

determine  adverse  claim  to  real  property 

5523. 
Under  order  may  enter  upon  real  property 

with  surveyors  5513. 

What  papers  must  be  served  upon  5375. 
Who  may  bring  action  to  quiet  title  5514. 
Passenger,  injured  on  platform  of  car  in  vio- 
lation of  regulations  of  railroad  company, 

not  to  recover  damages  3560. 
May  recover  against  railroad  company  for 

refusal  to  transport  3559. 
Rates,  may  be  regulated  by  the  legislature 

(Nev.  Const,  art.  iv,  sec  20)  278. 
Patent,  application  for,  for  mining  claim  to  be 

shown  in  adverse  action  5526. 
For  mines,  application  for,  suit  on  adverse 

claim  2384. 
Of  United  States  or   state  for  land,  when 

record  or  copy  admissible  in  evidence  5415. 
On  mortgage  or  debt,  county  recorder  to  cer- 
tify copy  as  evidence  3789. 
Patents,    when  actions   cannot   be   brought 

upon  by  grantee  from  the  state  4948. 
Patient,  communication  of,  to  physician  not 

to  be  given  without  consent  5427. 
Pauper,  of  another  county,  when  county  may 
recover  for  relief  furnished  2922. 


Civil  practice 


INDEX 


2266 


Payment,  for  property  or  easement  in  pro- 
ceedings in  eminent  domain  5622. 
Peace,  breach  of,  when  punishable  as  con- 
tempt in  justice's  court  5795. 
Peace  officer,  duty  to  serve  subpena  requiring 
attendance  before  public  service  commis- 
sion 4532. 
Penalties,  district  attorney  to  prosecute  action 

for  1598. 

Penalty,  action  against  public  utility  for  in 
name  of  State  of  Nevada  in  district  court 
4544. 

Action  for,  upon  a  statute,  when  may  be 

brought  within  two  years,  exception  4967. 

Against  railroad  for  doing  thing  declared 

to  be  unlawful  4574. 

And  costs  in  action  for  delinquent  taxes  to 
be  included  in  complaint,  summons  and 
judgment  3660. 
For  contempt  5403. 

For  failure  of  witness  to  obey  subpena  5439. 
For  refusal  to  obey  order  of  court  in  quo 

warranto  5679. 

For  refusal  to  obey  writ  of  mandamus  5707. 
In  action  for  delinquent  taxes,  on  proceeds 

of  mines  3707. 
Justice's  court  has  jurisdiction  if  amount 

does  not  exceed  $300,  exception  5714. 
May  be  imposed  by  district  court  on  over- 
ruling demurrer  4845. 

Per  diem,  for  one  day  may  be  demanded  by 
witness  when  served  with  subpena  5433. 
Of  jurors  in  counties  polling  over  425  votes  • 

2013. 

Of  jurors,  to  be  paid    each  day  by  party 
demanding   jury,   recovery    from    losing 
party  2013. 
Perishable  property,  attached  to  be  sold  5157. 

Sale  of,  not  stayed  by  appeal  5355. 
Perjury,  conviction  of,    excludes  from  jury, 
unless  restored  to  civil  rights  (Nev.  Const, 
art.  iv,  sec.  27)  285. 
Perjury,     false     affirmation     or    declaration 

deemed  5448. 

Perjury,  witness  testifying  before  public  serv- 
ice commission  not  exempt  from  punish- 
ment for  4536. 

Perpetuation  of  testimony  5464-5473. 
Manner  of  taking  deposition  5468. 
"Person,"  includes  a  company,  partnership, 
association  or  corporation  as  well  as  person 
5475,  5479. 

Person,  over  21  years  of  age  and  not  party 
may  serve  summons  in  civil  action  in  jus- 
tice's court  5732. 

Person,  shall  not  be  deprived  of  life,  liberty 
or   property  without   due  process  of  law 
(Nev.  Const,  art.  i,  sec.  8)  237.) 
Personal  injuries,  action  for  5649. 
Action  for,  schedule  of  sections  5649. 
Contract  of  insurance,  indemnity  or  relief 

benefit  will  not  bar  recovery  for  5652. 
Liability  of  common  carriers,  mill  or  mine 

owners  for,  to  employees  5650. 
Personal  property,  action  for  claim  and  de- 
livery 5124. 
Action  for  claim  and  delivery  in  justice's 

court  5124,  5135,  5753. 

Action  for  or  for  injury  to,  may  be  com- 
menced within  3  years,  exception  regard- 
ing live  stock  4967. 


Personal  property— continued. 

Action  to  recover,  justice's  court  has  juris- 
diction if  value  does  not  exceed  $300 
5714. 

Executor  or  administrator  may  convey 
under  contract  of  decedent  6147. 

How  attached  5152. 

Lien  for  taxes  attaches  on  real  property 
3619. 

May  be  sold  by  assessor  for  delinquent 
taxes,  certificate  to  purchaser,  court  may 
issue  citation,  fees,  how  collected  3679. 

Mortgaged,  how  must  be  sold  under  execu- 
tion 1080. 

Of  estate  of  deceased  person,  district  judge 
may  make  order  authorizing  mortgaging 
of  6146. 

One  action  for  foreclosure  of  mortgage  or 
lien  upon  5501. 

Township  in  which  action  for  to  be  brought 
in  justice's  court  5715. 

When  includes  money,  goods,  chattels, 
things  in  action  and  evidences  of  debt 
5475. 

When  memorandum  of  sale  made  by  auc- 
tioneer is  deemed  contract  of  sale  1077. 

Petition,  for  changing  name  of  person, 
what  to  state,  verification,  filing  in  dis- 
trict court  5835. 

For  revival  of  judgment,  when  purchaser 
fails  to  recover  property  sold  under  exe- 
cution 5306. 

For  writ,  rule  or  order  made  to  one  district 
judge  not  to  be  made  to  another  unless 
upon  written  consent,  rule  xlii,  p.  1431. 

To  juvenile  court,  what  to  state  731. 

Verified    for   determination    of   life  estate 

5584. 

Physician,  library,  and   certain  property  of, 
"  exempt  from'  execution  5288. 

To  examine  person  alleged  to  be  insane 

2204. 
Physician's    certificate,   of    commitment   of 

insane  person  to  be  transmitted  to  asylum 

2204. 
Piers,  eminent  domain  may  be  exercised  for 

5606. 
Pipes,  eminent  domain  may  be  exercised  for 

5606. 
Pipe  lines,  pertaining  to  manufacture  of  beet 

sugar,  eminent  domain  may  be  exercised 

5606. 

Place  of  trial  of  civil  actions,  schedule  of  sec- 
tions relating  to  5011. 

Plaintiff,  action  for  damages  for  death  by 
wrongful  act  to  be  brought  in  name  of 
representative  of  deceased  person  5648. 

Admits  counter-claim  by  failure  to  demur 
or  reply  5058. 

All  persons  having  interest  in  relief  de- 
manded may  be  joined  4998. 

Deemed  defendant  when  defendant  applies 
for  provisional  remedies  5194. 

In  civil  action  defined  4944. 

May  be  examined  on  oath  on  application 
for  judgment  after  publication  and  default 
5236. 

Notice  to  be  given  to  of  arrest  of  defendant 
in  civil  action  in  justice's  court  5747. 

To  file  affidavit  that  he  is  without  informa- 
tion regarding  unknown  heirs  5029. 


2267 


INDEX 


Civil  practice 


Plaintiff— continued. 

To  pay  jurors'  fees  if  no  verdict,  but  may 

recover  as  costs  if  he  obtain  judgment 

2001. 

When  entitled  to  judgment  for  costs  5377. 
When  may  apply  for  relief  demanded  in 

complaint  after  default  oL'.'Ui. 
Plat,  lost  and  destroyed,  validated  5639. 
Pleading,  after  decision  on  demurrer  in  dis- 
trict court,  time  in  which  to  file,  rule  viii, 

p.  1427. 
Amendment  of  in  district  court,  if  not  of 

course  notice  and  copy  of  amendment  to 

be  served,  what  to  state,  when  to  be  veri- 
fied, rule  xvii,  p.  142S. 
By  corporation   as  a  party,  how    verified 

8064. 
Conditions  precedent,   what  need  not  be 

stated  5071. 
Defendant  may  file  in  justice's  court,  and 

waive  summons  5724. 
Further  may  be  had  after  sale  in  partition 

5662. 
In  district  court,  notice  of  motion  to  strike 

out  part  to  specify  part,  rule  xviii,  p.  1428. 
Items  of  account  need  not  be  alleged,  but 

copy  may  be  required  5068. 
Libel  and  slander,  proof  507:5. 
New  matter  in  reply  deemed  controverted 

5075. 

Rules  of,  in  civil  action,  schedule  of   sec- 
tions relating  to  5065. 
\VheM  answer  construed  in  relation  to  default 

judgments  to  include  any  pleadings  which 

raises  an  issue  of  law  or  fact  .">:_>:'><;. 
When   postponement   of    trial  allowed  for 

amendment  of  in  action  in  justice's  court 

5757. 
Pleading  judgment,  what  necessary  to  be  stated 

5070. 

Pleading  over,  time  for  5083. 
Pleading   private    statutes,    what   sufficient; 

judicial  notice  5072. 
Pleadings,  allegations  not  controverted  taken 

as  true;  exception  5075,  5083. 
Amendment  of  as  of  course  5083. 
Amendment  of  may  be  ordered  5084. 
And  documents  in  district  court  to  be  on 

legal  cap,  in  proper  form,  and  not  to  be 

amended   by  changing  original   without 

leave  of  court,  rule  ix,  p.  1427. 
Corporate   existence  need  not  be  proved 

unless  affirmatively  denied  5079. 
Court  may  require  to  be  made  more  specific; 

bill  of  particulars  5067. 
Errors  not  affecting  substantial  rights  to  be 

disregarded  5066. 
If  name  of  defendant  not  known  may  be 

designated  by  any  name;  amendment  of 

name  5085. 

In  civil  action,  rules  regarding  5035,  5065. 
In  civil  action,  schedule  of  sections  relating 

to    various    mistakes    and    amendments 

5080. 

In  garnishment  proceedings  5178,  5179. 
In  justice's  court,  issues  of  law  and   fact 

defined  5761-5763. 

In  justice's  court,  schedule  of  sections  5734. 
In  justice's  court,  what  are  and  form  of 

5734,  5735. 


Pleadings— continued. 

In  mandamus  proceeding  5704. 

In  proceeding  for  disbarment  of  attorney 
514,  519,  520. 

In  proceeding  for  divorce  same  as  in  action 
at  law  5842. 

In  quo  warranto  same  in  supreme  court  as 
in  district  court  5681. 

In  quo  warranto  shall  be  as  in  other  cases 
5666. 

May  be  amended  to  meet  variance  5080. 

May  be  made  after  time  limited,  or  time 
for  may  be  enlarged  5084. 

Minute  of  to  be  entered  in  justice's  court 
docket  5800. 

Of  party  who  refuses  to  testify  or  give 
deposition  may  be  stricken  out  5421. 

Reference  may  be  made  to  on  motion  for 
new  trial  5321. 

Sham  and  irrelevant  matter  may  be  stricken 
out  50(i7. 

Subsequent  to  complaint  to  be  filed  and 
served  5077. 

Supplemental  complaint,  answer  and  reply 
5075. 

Time  for  filing  and  serving  in  state  land 
contest,  rule  xliv,  p.  1431. 

To  be  liberally  construed  5065. 

To  be  verified  in  action  for  forcible  entry  or 
unlawful  detainer  5600. 

What  constitute  when  party  summoned 
after  judgment  in  action  on  joint  contract 
5247. 

When  allegation  of  corporation,  partner- 
ship or  representative  capacity  as  a  legal 
conclusion  is  sufficient  5078. 

When  may  be  verified  by  attorney  5064. 

When  to  be  certified  by  justice's  court  on 
transfer  of  case  to  district  court  for  trial 
5721. 

Without  summons  in  justice's  court  5715. 
Plural  number,  includes  the  singular  5475. 
Police  court,  appeal  may  be  taken  from  to 
district  court  837. 

Jurisdiction  of  832-835. 

Police  magistrate,  wrhen  may  order  child  trans- 
ferred to  district  court  under  juvenile  court 

law  741. 
Poll  tax,  summary  collection,  wages  may  be 

garnished,  employer  maybe  held  responsi- 
ble and  his  personal  property  sold  for,  lia- 
bility of  assessor  3718. 

Poor,  action  by   county  against  kindred  for 
support  of  2916,  2917. 

When  county  may  recover  for   relief   fur- 
nished pauper  of  another  county  2922. 
Possession,  if  not  demanded  lease  of  agri- 
cultural   lands   runs   for   another   year 
5589. 

Of  lands  or  tenements,  legislature  may 
confer  power  on  justice's  court  in  action 
for  where  relation  of  landlord  and 
tenant  exists  or  where  possession  has 
been  unlawfully  obtained  or  withheld 
(Nev.  Const,  art.  vi,  sec.  8)  323. 

Of  lot  in  federal  townsite  as  basis  for  ob- 
taining title  1983. 

Of  public  lands,  right  to  by  survey  and 
marking  rnetes  and  bounds  and  occu- 
panoy,  recording,  affidavit  5850,  5851. 


Civil  practice 


INDEX 


2268 


Possession — continued. 

Of  real  estate  or  mining  claims,  supreme 
court  has  appellate  jurisdiction  (Nev. 
Const,  art.  vi,  sec.  4)  319. 

Of  real  property,  district  court  has  juris- 
diction in  cases  involving  (Nev.  Const, 
art.  vi,  sec.  6)  321. 

Remaining  in  vendor  of  goods  is  conclu- 
sive evidence  of  fraud  1078. 

Restored  to  defendants  if  money  not  made 
on  execution  in  proceedings  under  emi- 
nent domain  5620. 

Right  of,  not  affected  by  descent  4962. 

What  bar  in  action  for  unlawful  detainer 
5595. 

Where   relation   of   landlord   and   tenant 
exists  or  if  unlawfully  retained  or  with- 
held,   justice's    court    has    jurisdiction 
.  5714. 
Possessory  actions,  for  public  lands  5849. 

For  public  lands,  when  possessory  right 
extends  to  boundaries  of  survey  5854. 

On  public  lands,  jurisdiction  of  justice  of 
the  peace  5855. 

What   deemed  public   lands,   what   entry 

unlawful  and  fraudulent  5855. 
Possessory  right,  to  public  lands,  improve- 
ment required  5852. 

Postponement,  costs  may  be  imposed  as  con- 
dition 5383. 

Defendant  under  arrest  in  civil  action  in 
justice's  court  must  give  undertaking 
before  applying  for  5759. 

In  civil  action  in  justice's  court,  consent 
to  taking  testimony  of  witness  5759. 

In  justice's  court,  not  to  be  for  more  than 
ten  days  unless  upon  undertaking  con- 
ditioned for  payment  of  judgment  5760. 

In  mandamus  proceedings  to  allow  trial 
by  jury  5700. 

May  be  granted  to  allow  further  develop- 
ment of  mining  claim  5203. 

Of  civil  action  in  justice's  court,  affidavit 
of  evidence  expected  to  be  obtained  5759. 

Of  civil  action  in  justice's  court,  avoided 
by  admission  that  evidence  would  be 
given  5759. 

Of  trial,  5202,  5203. 

Of  trial,  by  consent  in  civil  action  in  jus- 
tice's court  5758. 

Of  trial,  in  civil  action  in  justice's  court 
on  court's  own  motion  5757. 

Of  trial,  upon  application  of  party  in 
civil  action  in  justice's  court,  grounds, 
procedure  5759. 

Of  trial,  when  for  nonreturn  of  deposition 
taken  out  of  state  5462. 

Of  trial  when  judge  or  juror  called  as 
witness  5429. 

When  justice's  court  must  order  defend- 
ant discharged  from  arrest  in  civil  ac- 
tion on  giving  undertaking  5759. 
Power  company,  may  condemn  for  right  of 

way  2138. 
Power   of    attorney,    recorded    in   office   of 

county  recorder  imparts  notice  1093. 
Power  lines  and  plants,  when  eminent*  do- 
main may  be  used  for  5606. 
Powers  of  district  judge,  in  vacation  4850. 
Practice,    civil,    provisions    relating   to    are 
applicable  to  certiorari,  mandamus  and 
prohibition  5712. 


Practice,  civil — continued. 

Due  incorporation  of  company,  when  can- 
not be  attacked  collaterally  except  by 
the  state  1154. 

For  dismissal  of  case  appealed  from  jus- 
tice's court  to  district  court,  rule  xxxviii, 
p.  1430. 

For  staying  execution  on  appeal  from  dis- 
trict court,  rule  xxii,  p.  1429. 
For  taking  depositions  in  district  court, 

rule  xv,  p.  1428. 
In   proceedings   for   divorce   same   as    in 

actions  at  law  5842. 

Of  courts  of  justice,  local  or  special  laws 
relating  to,  invalid  (Nev.  Const,  art.  iv, 
sec.  20)  278. 
On  foreclosing  mortgage  in  district  court, 

rule  xxiii,  p.  1429. 
"Precept,"  issued  in  name  of  state,  court  or 

judicial  officer  is  "writ,"  when  5475. 
Preferred  claim,  procedure  for  recovery  of 

wages  as  5494. 
To  extent  of  wages  for  death  or  injury 

under  employers'  liability  act  1926. 
Preferred  claim,  when  wages  are  5493,  5494. 
Prejudice,  exception  to  be  disregarded  un- 
less prejudicial  5315. 
Premises,  occupation  of  pending  proceedings 

under  eminent  domain  5615. 
President  of  corporation,  deposition  may  be 

taken  5454. 

Presiding  officer  of  legislature  to  give  notice 

of  receipt  of  depositions  and  papers   in 

contest  for  member  of  the  legislature  1821. 

Presumption,  as  to  value  of  ore  extracted 

from  mine  5509. 

Primary  election,  justice  of  supreme  court 
or  district  judge  may  order  correction  of 
error  or  omission,  disobedience  contempt 
1763. 

Printed  papers,  on  appeal  to  supreme  court, 

number  of  copies  to  be  filed,  rule  xiii,p.  1424. 

Printed  or  typewritten  transcript,  may  be 

furnished  on  appeal  5357. 
Printing,  included  in  writing  5475. 
Of  documents  on  appeal  to  supreme  court 
to  be  on  similar  paper,  rule  xii,  p.  1424. 
Or  typewriting  of   statement  on   appeal, 
costs  not  allowed  for  surplusage  5333. 
Testimony   in   statement  on   appeal,   cost 

of  not  allowed  in  certain  cases  5333. 
Prisoner,  as  witness,  how  brought,  deposi- 
tion of  5442,  544o,  5444. 

Private  statutes,  how  pleaded ;  judicial  no- 
tice 5072,  7063. 

Private  writings,  how  proved  5414-5415. 
Probation  committee,  may  be  appointed  by 

district  court  734. 
Members  of  to  take  oath  734. 
Probation  officer,  to  be  appointed  by  district 

court  733. 

Procedure,  in  district  court  in  action  to  re- 
view order  of  public  service  commission 
4540. 
Same  in  supreme  court  as  in  district  court 

in  quo  warranto  5681. 
Proceedings,  deposition  of  party  to  may  be 

taken  5454 

Supplementary  to  execution  5307,  5308. 
Supplementary  to  execution,  person  owing 
debtor  or  having  property  of  debtor  may 
be  examined  5310. 


2269 


INDEX 


Civil  practice 


Proceedings — continued. 

Supplementary  to  execution,  provisions 
relating  to  district  court  are  applicable 
to  justice's  court  5787. 

Supplementary  to  execution,  schedule  or 
sections  5307. 

Under  civil  practice  act  applicable  to  es- 
tates of  deceased  persons  6138. 
Proceeds  of  mines,  delinquent  taxes  on,  ac- 
tion for,  district  attorney  to  bring,  when 

and    where,    damages,    penalties    for,    of 

complaint  and  answer  3707-3709. 
Process,  alias  may  issue  for  restoration  of 
possession  of  land  after  ejection  under 
judgment   and   conviction   of   contempt 
for  reentry  5394,  5395. 

Civil,  elector  not  to  be  arrested  under  on 
election  day  (Nev.  Const,  art.  ii,  sec.  4) 
253. 

Civil,  members  of  legislature  exempt  from 
arrest  under  during  session  and  for  15 
days  before  (Nev.  Const,  art.  iv,  sec.  11) 
200. 

Compulsory,  in  action  for  divorce  if  neces- 
sary to  disposition  of  property  of  chil- 
dren 5839. 

Disobedience  to  is  contempt  5394. 

Duty  of  sheriff  to  execute  1648,  1650. 

Final,  to  have  court  seal  affixed  4879. 

How  executed  by  sheriff  1648-1650. 

How  may  be  made  upon  corporation  1188. 

How  may  be  served  against  foreign  cor- 
poration 5024,  5025. 

How  seal  to  be  affixed  5481. 

Issued  by  justice  of  the  peace  to  be  served 
by  constable  1692. 

Justice  of  the  peace  may  issue  upon  docket 
of  predecessor  5805. 

Material  furnished  for  building  exempt 
from  2225. 

May  be  executed  by  elisor  5496,  5498. 

May  be  issued  by  justice  of  supreme  court 
for  complete  hearing  of  contest  for  state 
office  1823. 

May  be  issued  by  justice  of  the  peace  to 
any  part  of  county  5808. 

Sheriff  after  term  of  office  may  co'lect 
upon  previously  levied  1656. 

Style  of  shall  be  "The  State  of  Nevada" 
(Nev.  Const,  art.  vi,  sec.  13)  328. 

When  must  be  served  upon  party  instead 
of  attorney  5375. 

When  signifies  a  writ  or  summons  issued 

in  judicial  proceedings  5475. 
Prohibition,  new  trial  and  appeal  may  be 
had  as, in  civil  cases  5713. 

Provision  relating  to  civil  actions  are  ap- 
plicable to  5712. 

Return  and  hearing  may  be  had  at  any 
time  5711. 

Supreme  court  empowered  to  issue  writ  of 
(Nev.  Const,  art.  vi,  sec.  4)  319. 

Supreme  court  or  justice  thereof  may 
issue  4834. 

When,  where  and  how  issued,  by  supreme 
court  only  5709. 

Writ  of  defined  5708. 

Writ  of  may  be  alternative  or  peremptory, 

form  of  5710. 

Promissory  note,  action  by  assignee  before 
due,  no  right  of  set-off  4988. 


Promissory  note — continued. 

Or  other  instrument,  when  admitted  in 
justice's  court  unless  denied  by  verified 
answer  5770. 

Parties   and   liability   of    in   actions   on, 

schedule  of  sections  2548. 
Proof,  burden  of,  in  action  by  railroad  com- 
pany   against    railroad    commission    to 
set  aside  rate  4546. 

Failure  of,   distinguished  from   variance 

5082. 

Proof,  in  mandamus  proceedings,  applicant 
may  introduce  5701. 

In  possessory  action  for  public  lands  when 
possessory  right  extends  to  boundaries 
of  survey  5854. 

Of  conditions  precedent  pleaded  5071. 

Of  contents  of  numerous  accounts  or  docu- 
ments 5417. 

Of  execution  of  conveyance,  how  made 
1027-1034. 

Of  judgment  pleaded  5070. 

Of  libel  or  slander  5073. 

Of  public  writings,  schedule  of  sections 
5408. 

Of  service  of  summons,  how  made  5032, 
5033. 

Of  value  of  premises  in  proceedings  under 
eminent  domain  5615. 

Of  will  to  have  court  seal  affixed  4879. 

On  foreclosure  of  mortgage  in  district 
court,  rule  xxxiii,  p.  1429. 

Variance    immaterial    if    not    prejudicial 

5080. 

Property,  attached  may  be  ordered  sold  by 
court  or  judge  5158. 

Community,  how  divided  upon  decree  of 
divorce  2 !<;<;. 

Disposition  of  in  action  for  divorce  when 
wife  obtains  decree  on  ground  of  im- 
prisonment or  adultery  of  husband,  and 
other  cases  5843. 

District  court  or  judge  may  make  prelim- 
inary order  regarding  pending  action 
for  divorce  5841. 

Foreigner  who  is  bona  fide  resident  has 
same  rights  to  as  native-born  citizens 
(Nev.  Const,  art.  i,  sec.  16)  245. 

Lost,  by  erroneous  judgment  or  order  may 
be  restored  on  appeal  5359. 

Of  children,  if  necessary  to  disposition  of, 
compulsory  process  may  be  had  to  ob- 
tain appearance  or  answer  in  action 
for  divorce  5839. 

Of  debtor,  reasonable  amount  to  be  ex- 
empt from  execution  (Nev.  Const,  art.  i, 
sec.  14)  243. 

Person  shall  not  be  deprived  of  without 
due  process  of  law  (Nev.  Const,  art.  i, 
sec.  8)  237. 

Sale  of  perishable  not  stayed  by  appeal 
but  proceedings  to  abide  judgment  of 
appellate  court  5355. 

Shall  not  be  taken  for  public  use  without 
just  compensation  having  been  first 
made  or  secured,  exception  (Nev.  Const, 
art.  i,  sec.  8)  237. 

Specific,  of  husband  may  be  ordered  ap- 
plied to  payment  of  costs  and  alimony 
pendente  lite  5843. 


143 


Civil  practice 


INDEX 


2270 


Property — continued. 

Stolen  or  embezzled,  proceedings  for  dis- 
posal of  7445-7450. 

Subject  to  condemnation  under  eminent 
domain  5608. 

Unclaimed  stolen,  when  may  be  sold  by 
county  treasurer  7449. 

Value  over  $300,  supreme  court  has  appel- 
late jurisdiction  (Nev.  Const,  art.  vi, 
sec.  4)  319. 

What  considerations  determine  disposition 
of  and  how  affected  when  not  men- 
tioned in  divorce  action  5841. 

When    includes    both    real    and    personal 

property  5475. 

Prospector,  cabin,  tools,  horses  and  certain 
other  property  of,  exempt  from  execu- 
tion 5288. 
Protection,  child  adopted  entitled  to  5826, 

5829. 

Protestant  Episcopal  Church,  district  court 
may  make  order  for  sale  of  real  estate 
1431. 

Provisional  remedies,  in  justice's  courts 
5744-5753. 

In  justice's  court,  schedule  of  sections 
5744. 

On  behalf  of  defendant  5194. 
Public  administrator,  escheats  of  funds  in 
hands  of  1619. 

May  bring  actions  for  protection  of  es- 
tates 1622. 

Schedule  of  sections  1615. 

To  make  verified  written  report  to  dis- 
trict judge  semiannually  1618. 
Public  buildings  and  grounds,  eminent  do- 
main may  be  exercised  for  5606. 
Public  interest,  when  officer  not  required  to 

disclose  or  testify  regarding  5428. 
Public  lands,  action  for  possession  of  5849. 

Action  for  unlawful  enclosure  3174. 

Fee  for  absence  of  occupant  under  act 
'  relating  to  possessory  actions,  disposal 
of  5853. 

Improvement  required  by  claimant  of  pos- 
session 5852. 

Occupant  under  act  relating  to  possessory 
actions  may  pay  fee  and  absent  him- 
self, when  absence  forfeits  right  5853. 

Possession  of  not  to  interfere  with  work- 
ing of  mines  5849. 

Right  to  possession  of  by  survey  and 
marking  metes  and  bounds  and  occu- 
pancy, recording,  affidavit  5850,  5851. 

What  are  deemed  in  possessory  actions 
5855. 

When    claimant    deemed    to    have    right 
under    survey    under    act    relating    to 
possessory  actions  5855. 
Public  office,  action  for  usurpation  of,  con- 
tents of  complaint,  judgment  5661. 

Judgment  of  ouster  in  quo  warranto  5667. 

Proceeding  in  quo  warranto  may  be  brought 

against  person  holding  5657,  5660. 
Public  officer,  unlawful  to  be  interested  in 

purchase  at  sale  made  officially  2828. 
Public  officer,  when  not  required  to  testify 
as  witness  5428. 

When  statute  of  limitations  does  not  run 

during  term  2866. 

Public  officers,  fees  and  salaries  of  subject 
to  attachment  and  execution  2864. 


Public  officers — continued. 

Removal  of  otherwise  than  by  impeach- 
ment 6894. 

Public  parks,  eminent  domain  may  be  exer- 
cised for  5606. 
Public  record,  of  this  state  or  the  United 

States  other  than  judicial  in  custody  of 

public  officer  or  certified  or  verified  copy 

may  be  read  in  evidence  5409. 
Public  records,  docket  and  papers  must  be 

delivered  by  justice  of  the  peace  to  suc- 
cessor 5803. 

Public  safety,  action  against  party  failing 
to  fence  dangerous  excavation  3235,  3237. 

Writ  of  habeas  corpus  shall  not  be  sus-: 
pended  unless  necessary  for  in  case  of 
rebellion  or  invasion  (Nev.  Const,  art. 
i,  sec.  5)  234. 

Public  service  commission,  appeal  from  or- 
der of  may  be  taken  to  district  court 
4540. 

Attorney-general  to  be  counsel  in  action 
by  or  against  4544. 

Complaint  and  proceedings  before  4531- 
4533. 

Depositions  of  witnesses  may  be  taken  as 
in  civil  cases  4534. 

May  appoint  stenographer  to  take  down 
proceedings  4535. 

May  enforce  orders  by  mandamus  or.  in- 
junction 4545. 

May  require  production  of  books  and 
papers  4529. 

Proceedings  in  action  in  district  court  to 
review  order  of  4540. 

Rates  fixed  by,  prima  facie  lawful  4539. 
4540. 

When  to  cause  certified  copy  of  proceed- 
ings to  be  filed  in  court  4535. 

Witnesses    appearing    before    entitled    to 
same  mileage  and  fees  as  witnesses  in 
civil  cases  4531. 
Public   squares,   local    or   special    laws    for 

vacating  are  invalid  (Nev.  Const,  art.  iv, 

sec.  20)  278. 

Public  use,  for  which  eminent  domain  may 
be  exercised  5606. 

Property  shall  not  be  taken  for  without  just 

compensation  having  been  first  made  or 

secured,  exception   (Nev.  Const,  art.   i, 

sec.  8)  237. 

Public  utility,  action  against  for  forfeiture  of 

penalty  4544. 
Public  writing,  proof  of,  schedule  of  sections 

relating  to  5408. 

Publication,  and  notice  of  sale  under  execu- 
tion 5290. 

And  posting  of  notice  in  delinquent  tax 
suit  3663. 

By  clerk  of  notice  of  application  of  corpora- 
tion for  its  own  dissolution  1240. 

Of  court  rules  4845. 

Of  notice  by  district  judge  on  obtaining 
patent  as  trustee  for  federal  townsite  1982. 

Of  notice  by  district  judge  to  stockholders 
of  proceedings  for  removal  of  directors 
and  officers  of  corporation  1180. 

Of  notice  in  action  to  enforce  lien  2227. 

Of  notice  in  proceedings  to  restore  lost  rec- 
ords when  parties  reside  out  of  state  5643. 

Of  notice  of  action  for  divorce  5839. 


2271 


INDEX 


Civil  practice 


Publication— continued. 

Of  notice  of  application  for  order  to  allow 
married  woman  to  carry  on  business  in 
her  own  name  2191. 

<  >f  notice  of  application  to  change  name  of 

person  5836. 

( )f  notice  of  contest  in  U.  S.  land  office  to 
determine  mineral  or  agricultural  charac- 
ter of  land  2397. 

Of  notice  of  sale  under  execution,  charge 
allowed  for  5290. 

Of  notice  of  taking  testimony  for  perpetua- 
tion .VHHi. 

Of  notice  on  filing  of  petition  for  determi- 
nation of  life  estate  5584. 

<  M  process  or  paper,  officer  to  be  paid  cost 

in  advance  2026. 

Of  service  of  summons,  when  and  how  may 
be  made  5026,  5027. 

<  )f  statutes  and  decisions  of  supreme  court, 

legislature  to  provide  376. 
Of  summons  in  action  for  partition,  bars 

parties  ."».")( i.">. 
Of  summons  in  action  for  unlawful  detainer 

.v><):;. 

Of  summons  in  action  in  justice's  court  5732. 
of  summons  in  juvenile  conrt  proceedings 

732. 

<  >f  summons,  proof  of,  how  made  50HL'. 
of  summons,  when  complete  5027. 

Of  summons  with  description  in  action  for 

partition  55:52. 

Service  of  summons  by,  in  actions  to  deter- 
mine adverse  claims  to  real  property  5523. 
Purchase  money,  recoverable  notwithstanding 

homestead  lien  2143. 

Purchaser  of  personal  property  under  execu- 
tion sale  to  have  delivery  and  certificate  5296. 
Purchasers,  subsequent  deemed  to  take  with 
notice   of   conveyance    acknowledged  and 
recorded  1039. 
Qualifications,  of    bail,   on    arrest    in    civil 

action  5103. 
Qualification,  of  successor  of  officer  removed 

for  malfeasance  2853. 
Question  of  fact,  fraudulent  intent  is  1086. 
Quo    warranto,   action    begun    upon    whose 

relation,  security  for  costs  5659. 
Action  for  damages  within  one  year  after 

judgment  by  person  excluded  as  director 

of  corporation  5669. 
Action  in  name  of  state  for  usurpation  of 

public  office,  bond  5660. 
Action  in.  takes  precedence  of  civil  busi- 
ness 5680. 
Action  may  be  brought  in  name  of  state, 

against  whom  5656,  5657. 
Appeal  may  be  taken  from  district  court, 

but   does  not  stay  judgment   of   ouster 

5682. 
Application   to   file    complaint,  notice    to 

defendant  2664. 
Bond  of  trustee  appointed  on  dissolution 

of  corporation  5672. 
Court   may  appoint  trustee  for   dissolved 

corporation,  compensation  5671. 
Claimants   to   public   office   to   be    made 

defendants  5662. 
Court  may  order  books  and  effects  delivered. 

to  trustee  on  dissolution  of  corporation 

5675. 


Quo  warranto— continued. 

District  court  or  judge  may  issue  4840. 
District  judge  may  try  and  determine  at 

chambers  4843. 
For  usurpation  of  public  office,  contents 

of  complaint,  judgment  5661. 
Judgment    for    dissolution   of  restraint  of 

corporation,    usurpation    or    failure   for 

two  years  to  use  franchise  5670. 
Judgment    of    ouster,    costs,    delivery    of 

books,  violation  by  corporation  5667. 
Jurisdiction  of  supreme  and  district  court 

5663, 
Judgment  ousting  director  of  corporation 

6668. 
Liability   of    corporation    directors,  when 

judgment  of  ouster  rendered  5678. 
Penalty  for  refusal  to  obey  order  of  court 

6679. 

Pleadings  shall  be  as  in  other  cases  5666. 
Procedure  in  supreme  court  same    as   in 

district  court  5681. 
Schedule  of  sections  relating  to  5656. 
Suit  may  be  brought  on  bond  of  trustee 

appointed  on  dissolution  of  corporation 

5673. 
Summons,  when  issued,  when  unnecessary 

5665. 
Supreme   court   and   justice   thereof  may 

issue  4834. 
Supreme   court  empowered  to  issue   writ 

(Nev.  Const,  art.  vi,  sec.  4)  :>19. 
Supreme  court  may  order  issue  of  fact  to 

be  tried  by  jury  in  district  court  5681. 
Supreme  court  may  order  issue  to  be  tried 

by  jury  in  district  court  5681. 
To  collect  arrearage  and  forfeit  franchise  of 

toll  road  3757. 
To  determine  whether  toll-road  franchise 

has  been  forfeited  3049. 
Trustee  appointed  on  dissolution  of   cor- 
poration to  sue  for  debts,  responsibility 

5677. 
Trustee  to  collect  debts  and  divide  surplus 

on  dissolution  of  corporation  5674. 
Trustee  to  file  sworn  inventory  with  clerk 

on  dissolution  of  corporation  5676. 
Verdict   of   jury  in    district  court  may  be 

certified  to  supreme  court  5681. 
When    attorney-general    shall    commence 

action  5658. 
When  proceeding  in  may  be  commenced  to 

forfeit  franchise  of  toll  road  3757. 
Writ  of,  district  court  or  judge  may  issue 

(Nev.  Const,  art.  vi,  sec.  6)  321. 
Quorum,  of  supreme  court,  majority  consti- 
tutes (Nev.  Const,  art.  vi,  sec.  2)  317. 
Railroad,  foreign  or  domestic,  may  exercise 

right  of  eminent  domain  3574. 
May  institute  action  to  set  aside  order  of 

railroad  commission,  procedure,  injunc- 
tion, trial,  judgment,  appeal,  burden  of 

proof  4563,  4564. 
Penalty    for   doing   thing   declared   to  be 

unlawful  4574. 
Right  of  action  against  not  affected  by  act 

relating  to  railroad  commission  4582. 
Testimony  to  fix  damages  in  proceeding 

under  eminent  domain  5616. 
To  give  notice  of  live  stock  killed  3600. 


Civil  practice 


INDEX 


2272 


Railroad— continued. 

To  pay  expense  of  changing  wagon  road 
through  pass  or  canyon  5628. 

When  may  sell  unclaimed  property  541. 
Railroads,  action  for  damages  for  failure  to 
comply  with  act  relating  to  3581. 

Eminent  domain  maybe  exercised  for  5606. 

Freight  and  passenger  rates  may  be  regu- 
lated by  the  legislature  (Nev.  Const,  art. 
iv,  sec.  20)  278. 

Railroad  commission ,  authorized  to  fix  charges 
of  railroad,  sleeping-car,  express,  tele- 
graph and  telephone  companies  4555, 
4560,  4562. 

Certified  copy  of  order  prima  facie  evidence 
4565. 

District  court  may  by  attachment  compel 
obedience  to  subpenS  issued  by  4561. 

May  enforce  orders  by  mandamus  or  injunc- 
tion 4583. 

May  sue  to  enforce  penalty  for  failure  of 
railroad  company  to  obey  summons,  order 
or  subpena  for  production  of  books,  papers 
or  accounts  4566. 

Railroad  company,  authorized  to  enter  upon 
land  for  making  survey  liable  for  damage 
3533. 

Condemnation  under  eminent  domain,  what 
may  be  condemned,  procedure  5627. 

Court  to  appoint  commissioners  to  ascertain 
value  of  right  of  way  3539. 

Insolvent,  directors  paying  dividend  liable 
for  debt  3568. 

Liable  to  pay  $20  for  failure  to  provide 
check  for  baggage  3553. 

More  than  one  having  right  of  way  over 
same  pass  or  territory,  change  and 
expense  of  reconstruction  of  road  5628. 

Not  liable  for  damages  to  passenger  injured 
on  platform  of  car  in  violation  of  regula- 
tions 3560. 

Person  injuring  property  of  liable  in  treble 
damages  3565. 

Proceedings  for  acquiring  right  of  way  or 
lands  3535-3548. 

Rates  maybe  fixed  by  railroad  commission 
4555,  4560,  4562. 

Refusing  to  check  baggage  to  refund  fare 
of  passenger  3553. 

To  pay  damages  for  refusal  to  transport 
passenger  or  property  3559. 

To  execute  bond  for  building  of  fences  in 
proceeding  under  eminent  domain  5619. 

When  exonerated  from  payment  of  dam- 
ages for  right  of  way  or  for  injuring  stock 
3551. 
Ranchman,  has  lien  upon  animals  for  charges 

5499.  « 

Rates,  fixed  by  public  service  commission 
prima  facie  lawful  4539,  4540. 

Fixed  by  railroad  commission  are  prima 
facie  lawful  4563,4564. 

Of  railroads,  toll  roads,  ditch,  flume  and 
tunnel  companies  may  be  regulated  by 
the  legislature  (Nev.  Const,  art.  iv.  sec.  20) 
278. 

Real  estate,  belonging  to  minor  or  person 
under  legal  disability,  local  or  special 
law  for  sale  of,  invalid  (Nev.  Const,  art. 
iv.  sec.  20,  as  amended  1889)  278. 


Real  estate— continued. 

Deed  of  sheriff,  executor,  administrator, 
guardian,  assignee,  receiver,  trustee  or 
commissioner  is  prima  facie  evidence  of 
regularity  of  sale  when  record  lost  5631. 

In  actions  involving  title  or  possession, 
supreme  court  has  appellate  jurisdiction 
(Nev.  Const,  art.  vi.  sec.  4)  319. 

Judgment  for  deficiency  docketed  after  sale 
on  foreclosure  becomes  lien  5501. 

Maybe  condemned  under  eminent  domain 
5608. 

Of  churches,  associations  and  societies,  dis- 
trict court  may  make  order  for  sale  or 
mortgaging  of  1369. 

Record  of  acknowledged  conveyance  im- 
parts notice  to  subsequent  purchasers 
and  mortgagees  1039. 

Sale  of,  for  taxes  or  under  execution  or 
order  of  sale,  successor  in  office  may  exe- 
cute deed  with  same  effect  as  if  by  officer 
making  sale  1662,  1663. 

Sale  of,  under  action  for  foreclosure  of  lien 
similar  to  execution  2227. 

Subject  to  redemption,  certificate  of  sale, 
what  to  state  5298. 

Witnesses  to  execution  of  conveyances  1027, 

1028. 

Real  party  in  interest,  action  must  be  prose- 
cuted in  name  of,  except  as  specified  4986, 

4987. 
Real  property,  action  for  partition  5527. 

Action  for  possession  where  relation  of 
landlord  and  tenant  exists,  justice's  court 
has  jurisdiction  5714.  . 

Action  for  recovery  not  prejudiced  by  alien- 
ation pending  suit  5521. 

Action  for  recovery  of,  if  plaintiff's  right 
terminates  during  pendency,  judgment 
accordingto  fact,  damages  for  withholding 
5516. 

Action  for  recovery  of,  improvements  made 
in  good  faith  as  offset  to  damages  5519. 

Action  for,  when  patent  void,  seven  years 
4949. 

Action  involving  title,  jurisdiction  does  not 
lie  in  justice's  court  5714. 

Action  regarding,  where  tried,  change  of 
venue  5011. 

Action  to  determine  adverse  claim,  how 
and  by  whom  brought  5522. 

Action  to  determine  adverse  claim,  sum- 
mons, what  to  contain,  how  served  per- 
sonally and  by  publication  5523. 

Action  to  restore  lost  will  or  deed,  parties 
5633. 

Action  to  restore  lost  records  5632. 

Adverse  possession  for  fifteen  years  as 
ground  for  action  5522. 

Condemnation  for  right  of  way  2138. 

Damages  for  injury  to,  after  execution  sale 
and  before  delivery  5520. 

Deed  derived  from  sale  of,  for  delinquent 
taxes  conclusive  evidence  of  title,  posses- 
sion recoverable  in  justice's  court  3666. 

.Deed  under  tax  sale  by  treasurer  not  prima 
facie  evidence  of  title  in  purchaser  when 
record  destroyed  5631. 

District  court  "has  jurisdiction  in  cases 
involving  title  or  possession  (Nev.  Const, 
vi,  sec.  6)  321. 


2273 


INDEX 


Civil  practice 


Real  property— continued. 

Executor  or  administrator  may  make  con- 
veyance under  contract  with  decedent 
6147. 

How  attached  5 1. ">:_>. 

How  sold  in  action  for  partition  5553. 

Injury  to,  may  be  enjoined  during  fore- 
closure ").")  It). 

Judgment  entered  after  death  of  party  not 
lien  on  but  payable  in  course  of  adminis- 
tration ")")~L>. 

Judgment  in  action  to  determine,  how 
rendered  and  effect  5524. 

Lien  for  taxes  attaches,  how  3619. 

Limitation  of  action  for  by  state  4950. 

Limitations  of  actions  494s. 

Limitations  regarding,  schedule  of  sections 
1948. 

Lis  pendens  in  actions  regarding  5021. 

Mort^aLrc  is  not  conveyance  without  fore- 
closure 5518. 

Occupant  of  in  relation  to  forcible  detainer 
defined  5587. 

Of  estate  of  deceased  persons,  district  judge 
may  make  order  authorizing  mortgaging 
of  6146. 

One  action  for  foreclosure  of  mortgage  or 
lien  upon  5501. 

Order  to  allow  party  to  survey  5512,  5513. 

Proceedings  for  acquiring  right  of  way  by 
railroad  company  3535-3548. 

Record  regarding  lost  and  destroyed  vali- 
dated 5639. 

Restoration  of  lost  records  affecting  5630. 

Restoration  of  lost  records  affecting,  sched- 
ule of  sections  5630. 

Right  of  possession,  when  not  affected  by 
descent  4(.»i;i'. 

Schedule  of  sections  affecting  lost  records 
5630. 

Sold  under  execution,  court  may  restrain 
waste  during  period  of  redemption  5304. 

Sold  under  execution,  redemption  of  5301. 

Sold  under  execution, subject  to  redemption, 
who  may  redeem  5299. 

Sold  under  execution,  waste  during  redemp- 
tion period  defined  5304. 

Subject  to  judgment  lien,  5274,  5277. 

Title  of,  if  involved  in  justice's  court,  case 
to  be  transferred  to  district  court  for  trial 
5721. 

To  be  described  by  metes  and  bounds  in 
complaint  5069. 

Title  to  may  be  vested  or  conveyed  by 
judgment  5241. 

Title  to  not  to  be  determined  by  arbitration 
,5255. 

Trial  of  title  to  not  within  jurisdiction  of 
justice's  court  (Nev.  Const,  art.  vi,  sec. 
8)  323. 

What  possession  allows  ^party  to  hold  in 
action  for  unlawful  detainer  5595. 

When  coextensive  with  lands,  tenements 
and  hereditaments  5475. 

When  instrument  affecting  or  copy  may  be 
read  in  evidence  5414. 

When  re-recorded  copies  of  lost  records 
have  effect  of  original  5630. 

When  tenant  guilty  of  unlawful  detainer 
5588. 


Real  property— continued. 
Who  bound  by  judgment  in  action  for  par- 
tition 5541.  " 
Re-argument  if  two  justices  of  supreme  court 

do  not  agree  4837. 

Receipt  of  district  attorney  or  tax  receiver 
for  taxes  and  costs  in"  action  for  delin- 
quent taxes  prima  facie  evidence  3665. 

To  be  filed  with  clerk  by  referees  in  action 

for  partition  5568. 

Receiver,  appointment  of  for  corporation, 
duties,  compensation  1194,  1199. 

For  corporation,  publication  of  decree 
appointing  1  HXi. 

For  corporation,  when  trustees  or  directors 
have  the  right  to  be  preferred  in  the  ap- 
pointment 1195. 

May  be  appointed  5193. 

May  be  appointed  on  dissolution  of  corpo- 
ration 1194,  1195. 

May  be  appointed  to  take  charge  of  mine 
or  proceeds  in  lieu  of  granting  injunction 
5145. 

May  be  ordered  to  sell  property  and  fran- 
chise of  corporation  in  lieu  of  "dissolution 
1197. 

Of  insolvent  corporation,  compensation  1199. 

Time  for  appealing  from  order  appointing 
or  refusing  to  appoint  5329. 

To  file  certified  copy  of  appointment  and 
decree  of  dissolution  of  corporation  1196. 

When  may  be  ordered  to  sell  deteriorating 
property  of  insolvent  corporation  1198. 

When  not  to  be  appointed  on  dissolution 

of  cooperative  association  1258. 
Reclamation,  eminent  domain  may  be  used 

for  purposes  of  5606. 

Recognizance,  attorney  not  to  be  received  as 
surety  in  district  court,  rule  xiv,  p.  1428. 

Forfeited,   district    attorney    to    prosecute 

action  1598. 
Record,  supreme  and  district  courts  and  such 

other  as  the  legislature  may  designate  are 

courts  of  (Nev.  Const,  art.  vi,  sec.  8)  323. 
Record,  copy  of  to  have  court  seal  affixed 
4879. 

In  office  of  county  recorder,  when  imparts 
notice  1093. 

Judicial,  of  foreign  country,  how  certified 
and  proved  5411. 

Lost,  action  to  restore,  what  complaint  to 
allege,  summons,  waiver,  decree  5634. 

Lost,  how  costs  taxed  in  proceedings  to 
restore  5646. 

Lost,  limitation  of  record  of  judgment 
restored  5645. 

Of  acknowledged  conveyance  imparts  notice 
to  subsequent  purchasers  and  mortgagees 
1039. 

Of  certificate  of  marriage  is  presumptive 
evidence  2350. 

Of  conveyance,  certified  copy  of  may  be 
read  in  evidence  1044. 

Of  foreign  country,  when  admissible  as  evi- 
dence 5412. 

Of  instruments  of  mining  claims,  impart 
notice  -and  may  be  read  in  evidence  1635, 
1636. 

Of  judgment  restored,  limitation  5645, 

Of  land  patent,  when  admissible  in  evidence 
5415. 


Civil  practice 


INDEX 


2274 


Eecord — continued . 
Of  notary  public  or  of   procedure,  when 

certified  copy  is  evidence  2754,  2759. 
Of  order  changing  name  of  person  has  effect 

of  judgment  5837. 
Of  this  state  or  the  United  States  other  than 

judicial  in  custody  of  public  officer,  or 

certified  or  verified  copy,  when  may  be 

read  5409. 
On  appeal  to  supreme  court,  diminution, 

objections  to  transcript  or  papers,  how 

noted,  rule  viii,  p.  1423. 
On  appeal  to  supreme  court,  how  may  be 

typewritten  and  bound,  rule  xxv,  p.  1425. 
On  appeal  to  supreme  court,  when  to  be 

filed,  S.  C.  ruleii,  p.  1421. 
Restored,  of  same  effect  as  original  5644. 
Records,  authentication  of  underact  of  Con- 
gress 526-529. 

How  proved  under  act  of  Congress  526-529. 
In  office  of  county  recorder  impart  notice 

1093. 
Judicial  of  this  state  or  the  United  States 

proved  by  original  or  certified  copy  5408. 
Left  unsigned    by  district   judge  may  be 

signed  by  successor  4923. 
Lost,  action  to  restore  5632. 
Lost,  action  to  restore  deed  or  will,  parties 

5633. 
Lost,  action  to  restore  may  be  brought  in 

district  court  of  county  in  which  property 

is  situated  5636,  5637. 
Lost,  certified  copy  of  validated  5639. 
Lost,  citation  and  notice  in  proceeding  to 

restore  5642. 

Lost,  deed  made  under  tax  sale  by  treas- 
urer not  prima  facie  evidence  of  title  in 

purchaser  when  record  destroyed  5631. 
Lost,  evidence  which  may  be  received  in 

action  to  restore  5635. 
Lost,  how  may  be  re-recorded  under  date 

of  original  record,  affidavit,  force  of  copy 

5630. 
Lost,   how    re-recorded    after    division    of 

county  5637. 
Lost,  not  affecting  real  estate,  procedure 

for  restoration  5641. 
Lost,  not  affecting  real  property  may  be 

restored  5640. 
Lost,  proceedings  to  restore,  contest,  how 

made,  effect  of  judgment  5644. 
Lost,  proceedings    to   restore,  service    on 

parties  residing  out  of  county  5643. 
Lost,  restoration  of,  affecting  real  property 

5630. 

Lost,  restored,  limitations  affecting  5638. 
Lost,  restored,  validated  5639. 
Lost,  when  re-recorded  copies  have  effect  of 

original  5630. 
May    be   signed   by   district    judge    after 

expiration  of  term  5489. 
Of  court,  reference    may  be    made  to    on 

motion  for  new  trial  5321. 
Of  courts  of  other  states  or  territories,  how 

certified  and  proved  5410. 
Relating  to  mining  claims,  certified  copies 

of  may  be  read  in  evidence  1636. 
Relating  to  mining  claims  impart   notice 

1635. 
Relating  to  mines,  certified  copies  of   to 

have  same  force  in  courts  as  original  2467. 


Records— continued . 

Searcher  of,  may  make  and  verify  abstract 
of  title  in  action  for  partition  5545. 

Signed  by  judge  after  expiration  of  term , 

have  legal  effect  5490. 

Recorder,  fees  for  filing  affidavit  of  publica- 
tion of  notice  in  delinquent  tax  suit  3663. 

Of  other  county  may  file  transcript  of 
judgment  as  lien  5277. 

To  file  and  note  certificate  of  redemption  of 
real  property  sold  under  execution  5301. 
Recorders,  fees  of  in  counties  polling  ovfcr  800 
votes  2008. 

Fees,  when  not  over  800  votes   in   county 

1996. 
Recorders'    courts,    in    incorporated    cities, 

jurisdiction  4853. 

Recount  of  votes,  time  for  after  election  1895. 
Redemption,  from  county  treasurer  of  prop- 
erty sold  for  delinquent  taxes  3667. 

From  execution  sale,  time  and  conditions 
of  5300. 

Of  real  property  sold  for  delinquent  taxes, 
how  made  3666. 

Of  real  property  sold  under  execution,  cer- 
tificate of  sale,  what  to  state  5298. 

Of  real  property  sold  under  execution,  dur- 
ing period  of  redemption,  court  may 
restrain  waste  5304. 

Of  real  property  sold  under  execution,  pay- 
ment of  money,  how  made  5302. 

Of  real  property  sold  under  execution,  pay- 
ment to  be  made  in  same  kind  of  money 
specified  in  execution  5302. 

Of  real  property  sold  under  execution,  rents 
and  profits  during  period  allowed  for, 
how  disposed  of  5305. 

Of  real  property  sold  under  execution, 
sheriff  to  pay  money  over  5302. 

Of  real  property  sold  under  execution,  what 
necessary  to  redeem  5303. 

Of  real  property  sold  under  execution,  what 

gapers  must  be  served  with  notice  5302, 
303. 
Of  real  property  sold  under  execution,  who 

may  redeem  5299. 

•    Subsequent,  of  real  property  sold    under 
execution,  how  made,  sheriff's  deed,  who 
entitled  5301. 
Redemption  money,  how  allowed  and  paid  in 

action  for  delinquent  taxes  3665. 
Redemptioners,  how  may  redeem  real  prop- 
erty sold  at  execution  sale  5300. 
Under  execution  sale,  who  are  termed  5299. 
Reduction  works,  preferred  lien  on  ore  sold 

to  5492. 

Reenactment,  reference  in  statutes  to  provis- 
ions reenacted  in  civil  practice  act  to  be 
construed  as  applying  to  such  provisions  as 
reenacted  5817. 

Referee,  disobedience  of  order  in  supplement- 
ary proceedings  punishable  as  contempt 
5314. 

Findings  of,  deemed  excepted  to  5318. 
Hearing  of  objections  to  appointment  5234. 
How  to  issue  subpena  requiring  attendance 

out  of  court  5432. 
In  action  for  partition  lienholders  to  appear 

before,  report  of  referee  5537. 
In  district  court,  what  to  state  in  report  and 
to  serve  notice  of  filing,  rule  xxi,  p.  1428. 


2275 


INDEX 


Civil  practice 


Referee — continued. 

Irregularity  of,  ground  for  new  trial  5320. 

May  be  appointed  to  ascertain  liens  in 
action  for  partition  5536. 

May  be  appointed  to  examine  defendant  in 
proceedings  supplementary  to  execution 
5307,  5:508. 

May  correct  statement  on  appeal  5335. 

May  determine  value  of  real  property,  judg- 
ment, costs  5377. 

May  extend  time  for  filing  statement  and 
papers  on  appeal  5336. 

May  hear  testimony  in  proceedings  under 
eminent  domain  5616. 

May  impose  costs  as  condition  of  postpone- 
ment 5383. 

May  order  property  to  be  applied  on  execu- 
tion in  supplementary  proceedings  5312. 

Objections  may  be  made  to  appointment 
of,  grounds  5233. 

Qualifications  of  5232,  5233. 

Refusal  of,  to  settle  statement  on  appeal 
in  accordance  with  facts,  same  may  be 
settled  by  supreme  court  r>: ;:;:;. 

Single,  may  be  appointed  on  consent  of 
parties  in  action  for  partition  5575. 

When  to  settle  statement  on  appeal  before 
or  after  he  ceases  to  act  5:;:;  4. 

Who  tried  case  to  settle  statement  on  motion 
for  new  trial  in  district  court,  rule  xxv, 
p.  142*.  >. 

Referees,  decision"  of,  may  be  reviewed  as  if 
made  by  court  52:>-~>. 

Expenses  of,  in  action  for  partition  appor- 
tioned among  parties  ;V>.x:;. 

Fees  of  53S2. 

How  to  divide  property  in  action  for  parti- 
tion .V>:;(.». 

How  to  make  division  in  action  for  parti- 
tion 5578,  5579. 

How  to  make  sale  in  action  for  partition 
5553. 

How  to  partition  mining  claim  after  first 
bidder' s  portion  has  been  marked  off  5581. 

In  action  for  partition,  marking  off  of  part 
of  mining  claim  to  party  accepting 
smallest  portion  5580. 

Insolent  behavior  toward  is  contempt  5294. 

Majority  of  may  act  5488. 

May  be  appointed  to  take  testimony  in  pro- 
ceeding for  disbarment  of  attorney  522. 

May  be  ordered  to  divide  mining  claims  in 
action  for  partition  5576. 

May  take  receipt  of  lienholder  purchasing 
at  sale  in  partition  5564. 

May  take  securities  for  purchase  money  on 
sale  in  action  for  partition  5555. 

Must  make  report  of  sale  to  court  in  action 
for  partition  5562. 

Number,  appointment,  qualifications  5232. 

Parties  may  agree  for  5232. 

Payment  of  fees  may  be  specified  in  judg- 
ment for  partition  5574. 

Report  of  in  action  for  partition  5540. 

Report  of  may  be  modified,  set  aside  or 
affirmed  in  action  for  partition  5541. 

Report  of  to  stand  as  decision  of  court  5235. 

Statement  of  facts  by,  on  proceedings  for 
contempt  5396. 

Time  for  division  of  mining  claim  in  action 
for  partition  5577. 


Referees— continued . 

To    acknowledge    attorneys    in    fact    and 

guardians  in  actions  for  partition  5579. 

To  divide  property,  when  court  may  appoint 

in  action  for  partition  5538. 
When  three,  all  shall  meet,  but  two  may  act 

5282. 
WThat  to  be  returned  with  report  of  in  action 

for  partition  5582. 

When  to  take  and  to  deliver  security  to 
parties  on  sale  in  partition  and  file  receipt 
5568. 

Reference,  and  report  of  referee  on  foreclosure 
of  mortgage  in  district  court,  rule  xxiii, 
p.  142'.  >. 

May  be  ordered  by  court  without  agree- 
ment of  parties  in  certain  cases  5231. 
May  be  ordered  to  determine  damages  or 

account  after  default  5236. 
May  be  ordered  upon  agreement  of  parties 

in  certain  cases  5230. 
To  report  facts,  report  has  effect  of  special 

verdict  5235. 
References,  and  trials  by  referees,  schedule 

of  sections  5230. 
Constitutional,   relating   to   civil    practice 

4943,  p.  1433. 

Refunding  money,  paid  into  state  or  county 
treasury,  local  or  special  law  invalid  (Nev. 
( '.mat.  art.  iv,  sec.  20)  278. 
Register  of  actions  to  be  kept  by  clerk  5480. 
Registration, 'elector  may  apply  to   district 
court    for  writ   of   mandamus   to    compel 
1710,  1712. 
Rehearing,  in  supreme  court,  reply,  rule  xv, 

p.  1424. 

Rejected  claims,  against  the  state,  for  services 
or  advances  authorized  by  law,  when  action 
may  be  brought  ."><;.">:;. 

Release,  of  indebtedness  or  liability  of  cor- 
poration or  person  to  state, county  or  munici- 
pality, local  or  special  laws  invalid  (Nev. 
Const,  art.  iv,  sec.  20)  278. 
Relief,    affirmative,    defendant   asking   may 

have  provisional  remedies  5194. 
Affirmative    may   be    given    defendant   in 

judgment  5268. 
Demand  for  to  be  contained  in  summons  in 

justice's  court  5727. 
Relief  benefit,  not  bar  or  defense  to  action 

for  death  or  personal  injury  5652. 
Religion,  witness  may  be  sworn  according  to 

peculiar  ceremonies  5447. 
Religious  belief,  does  not  disqualify  witness 

5420. 

Witness  shall  not  be  rendered  incompetent 
on  account  of  (Nev.  Const,  art.  i,  sec.  4) 
233. 

Remainder,  and  contingent  remainder,  to  be 
alleged  in  complaint  in  action  for  partition 
5528. 
Remedies,  provisional  on  behalf  of  defendant 

5194. 
Remittitur,  in  supreme  court,  when  to  issue, 

rule  xv,  p.  1424. 
When  filed  in  lower  court   execution  for 

costs  to  issue  5361. 

Removal  from  office,  for  malfeasance  or  non- 
feasance,  provision  to  be  made  by  law  for 
in  certain  cases  (Nev.  Const,  art.  vii,  sec.  4) 
337. 


Civil  practice 


INDEX 


2276 


Removal  from  office,  for  malfeasance  2851, 

2852. 

Removal,  of  officers  and  directors  of  corpora- 
tion, district  judge  may  act  1179-1182. 

Of  officers  otherwise  than  by  impeachment, 

schedule  of  sections  6894. 
Renewal  of  execution,  in  justice's  court  5785. 
Rent,  may  be  paid  and  tenant   remain    in 

possession   in   action  for  forcible  entry  or 

unlawful  detainer  5599. 
Rents  and  profits  of  real  property  sold  under 

execution    during    period    of   redemption, 

how  disposed  of  5305. 

Repeal,  by  civil  practice  act,  limitations  con- 
tinue to  run  as  if  former  act  had  not  been 
repealed  5819. 

Of  certain  provisions  relating  to  civil  prac- 
tice, schedule  of  acts  5817,  5821. 

Of  law  by  civil  practice  act  does  not  affect 
act,   right    or    proceeding    commenced 
before  repeal  5818. 
Replevin,  judgment  in,  may  be  for  return  of 

property  to  defendant  5269. 
Replevin,  judgment  to  be  in  alternative  and 

with  damages  5269. 

Reply,  demurrer  to,  what  facts  deemed 
denied  5083. 

In  civil  action,  what  to  contain  5037,  5057. 

In  mandamus  proceedings  5704. 

May  be  demurred  to  for  insufficiency  5059. 

May  be  made  after  time  limited,  or  time 
for  may  be  enlarged  5084. 

New  matter  in,  deemed  controverted  5075. 

Not  required  in  justice's  court,  law  raises 
issue  of  fact  upon  new  matter  in  answer 
5763. 

Of  party  who  refuses  to  testify  or  give 
deposition,  may  be  stricken  out  5421. 

Time  for  after  amendment  5083. 

Time  for  may  be  enlarged  5084. 

To  answer  of  garnishee  5178. 

To  answer  to  supplemental  complaint  5076. 

To  counter-claim,  may  be  filed  after 
demurrer  overruled  5083. 

To  counter-claim,  what  to  contain  5057. 

To  counter-claim,  when  must  be  filed  and 
served  5057. 

To  part  of  counter-claims,  demurrer  to  oth- 
ers 5055. 

Verification  of  5064. 

Report,  directors  and  officers  of  corporation 
liable  in  damages  for  making  false  1175. 

Of  referees  in  action  for  partition  5540. 

Of  referee  in  district  court,  what  to  contain, 
rule  xxi,  p.  1428. 

Of  referees,  may  be  modified,  set  aside  or 
affirmed  in  action  for  partition  5541. 

Of  referees ,  to  stand  as  decision  of  court  5235 . 

Of  referees,  what  to  be  returned  with  in 
action  for  partition  5582. 

On  examination  under  order  for  under- 
ground survey  of  mine  5511. 

Subject  to  lien  for  attorneys'  fees  5376. 
Reporter,  when   testimony  stenographically 

taken  by,  may  be  used  on  subsequent  trial 

5472. 
Reporter's  fees,  when  may- be  taxed  as  costs 

4913. 
Reservoirs,  eminent  domain  may  be  exercised 

for  5606. 


Residence,  legal,   defined,   how  retained  or 
lost  3609-3616. 

Of  parties,  when  determines  place  of  trial 
5014. 

Persons  not  electors  excluded  from  juries 
285. 

Required  to  constitute  elector  (Nev.  Const. 

art.  ii,  sees.  1,  2)  250,  251. 
Resident,  bona  fide,  although  foreigner,  has 

same  property  rights  as  native  born  citizens 

(Nev.  Const,  art.  i,  sec.  16)  245. 
Respondent  and  appellant  defined  5327. 
Restitution,  form  of  writ  in  action  for  forcible 
entry  or  unlawful  detainer  5605. 

Judgment  in  action  for  forcible  entry  or 

unlawful    detainer,    form,    when  tenant 

may  pay  and  remain  in  possession  5599. 

Restoration,  of  lost  records,  not  affecting  real 

estate  5641. 

Of  possession  of  land,  alias  process  may  issue 
for  after  conviction  of  contempt  for  re- 
entry 5394,  5395. 

Of  record  of  judgment,  limitation  5645. 
Restoration  to  civil  rights,  allows  person  con- 
victed   of   crime   to    serve  as  juror  (Nev. 

Const,  art.  iv,  sec.  27)  285. 
Restraining  order,  in  prohibition  5710. 

On  issuance  of  writ  of  certiorari  5687. 

Pending  hearing  before  granting  injunction 
5141. 

Preventing  defendant  from  interfering  with 
work  of  plaintiff  in  proceedings  under 
eminent  domain  5615. 

Until  decision  granting  or  refusing  injunc- 
tion 5139. 

Restraint,  of  corporation,  action  for  5670. 
Retaxing  costs,  in  district  court,  party  against 

whom  judgment  is  entered  has   five   days 

after  service  of  cost  bill  in  which  to  move 

for,  rule  xxxiv,  p.  1430. 
Return,  of  execution,  time  for  5283. 

Of  writ  of  certiorari  5684,  5686. 

Of  writs  of  mandamus,  certiorari  and  pro- 
hibition may  be  set  for  any  time  5711. 

On  arrest  of  defendant  in  civil  action  in 
justice's  court  5747. 

On  summons  in  justice's  court  served  in 
another  county  5732. 

Written,  fees  not  to  be  charged  for  2041. 
Revenue,  action  to  be   brought   by   district 
attorney  for  delinquent  taxes  exceeding 
$300  3659.     See  Revenue. 

Costs  not  to  be  charged  to  city  or  town  in 
actions  for  delinquent  taxes  999. 

District  court  may  order  levy  of  taxes  to 
meet  obligations  of  city  on  disincorpora- 
tion  873. 

District  attorney  to  bring  action  for  delin- 
quent taxes  for  improvements  of  streets 
in  unincorporated  town  934. 

For  maintenance  of  insane,  how  state  treas- 
urer to  set  apart  moneys  received  from 
occupant  of  public  land  for  absence 
under  act  relating  to  possessory  actions 
5853. 

Homestead  not  exempt  from  sale  for  taxes 
2149. 

Land  ceded  to  the  United  States  exempt 
from  taxation  1950,  1952. 


2277 


INDEX 


Civil  practice 


Revenue— continued. 

Officer,  may  be  removed  or  suspended  and 
another  appointed  to  perform  duties 
pending  charges  3753. 

Revival  of  judgment,  for  price  paid  if  pur- 
chaser fails  to  obtain  real  property  sold 
under  execution  5306. 

Right  of  action,  commenced  before  repeal  of 
law  by  civil  practice  act  not  affected  by 
such  repeal  5818. 
Right  of  way,  for  railroad,  conflicting  claims 

to  land,  determination  :».">  1 1 . 
For  railroad,  court  may  order  clerk  to  pay 

money  to  claimant  entitled  3548. 
For   railroad,   proceedings    for    acquiring 

3535-3548. 

Not  to  be  appropriated  to  use  of  corpora- 
tion   until     compensation    is    made    or 
secured  344. 
Obtained  under  eminent  domain,  crossings 

and  culverts  to  be  kept  in  repair  5626. 
Riot,  in  case  of  property  may  be  taken   for 
public  use,  compensation  made  afterward 
(Nev.  Const,  art,  i,  sec.  8)  237. 
Road,  right  of  way  for  with  railroads  through 

canyon  5628. 
Roads,  eminent  domain  may  be  exercised  for 

5606. 
Local  or  special  laws  for  vacating  are  invalid 

(Nev.  Const,  art.  iv,  sec.  20)  278. 
Rule  of  court  may  provide  how  cases  shall  be 

entered  on  calendar  5200. 
Rule  of   decision  to  be  in  accordance    with 
common  law  of  England,  when  not  repug- 
nant to  our  laws  5-17  I. 
Rule  of  district  court  may  provide  penalty  on 

overruling  demurrer  4845. 
Rules  of  district  court,  p.  1425. 
Rules  of  pleading  in  civil  action,  schedule  of 

sections  relating  to  5065. 
Rules  of  supreme  court,  pp.  1421-1425. 
Salaries,  of  county  and  township  officers,  legis- 
lature may  regulate  (Nev.  Const,  art.  iv, 
sec.  20)  278. 
Of  public  officers  subject  to  attachment  and 

execution  2864. 

Salary,  of  officer  refusing  to  obey  writ  of  man- 
damus may  be  applied  on  fine  5707. 
Of  public  officer  if  garnished  may  be  paid 
into  court  by  treasurer  or  disbursing  offi- 
cer 2865. 
Sale,  at  public  auction  of  hogs  trespassing, 

how  to  be  made,  notice  2256. 
By  assessor  of  personal  property  for  delin- 
quent taxes,  certificate  to  purchaser  3679. 
By  receiver  of  bank  of  real  estate  656. 
By  referee,  how  made  in  action  for  parti- 
tion 5553. 
By  vendor  in  possession  of  goods  without 

delivery  conclusive  of  fraud  1078. 
Certificate  of,  to  include  all  property  sold 
for  taxes  bid  in  by  county  treasurer,  re- 
cording 3669. 

Corporate  property  by  court  1197,  1198. 
Estates  of  deceased  persons  5985,  6020. 
For   delinquent   taxes    amounting  to   less 

than  $300  3651. 

For   taxes,   deed   of   treasurer  not  prima 
facie  evidence  of  title  in  purchaser  when 
record  destroyed  5631. 
For  taxes,  homestead  not  exempt  2149. 


Sale— continued. 

For  taxes  on  mortgage  or  deed  of  trust  3787. 

For  taxes,  personal  property  3679. 

Forced,  of  homestead  when  not  to  take 
place  (Nev.  Const,  art.  iv,  sec.  30)  288. 

In  action  for  partition,  who  may  not  be 
purchasers  5561. 

In  partition,  court  to  direct  terms  and  may 
direct  investment  of  purchase  money, 
when  5554. 

In  partition,  disposition  of  proceeds  belong- 
ing to  unknown  owners  5566,  5567. 

In  partition,  proceeds  of,  how  distributed 
or  deposited  5551,  5552. 

In  partition,  terms  and  manner  of  sale 
must  be  made  known  and  distinct  lots 
must  be  sold  separately  5560. 

Of  animals  under  lien  and  judgment  for 
charges,  owner  to  be  paid  surplus  5500. 

Of  baggage  left  at  hotel  or  lodging-house 
2152,  2153. 

Of  deteriorating  property  of  insolvent  cor- 
poration, when  court  may  order  1198. 

Of  encumbered  property  on  proceedings  to 
enforce  mortgage  or  lien  5501. 

'Of  franchise,  organization  of  new  corpora- 
tion 1151, 1152. 

Of  goods  at  auction,  when  memorandum 
of  auctioneer  is  contract  of  sale  1077. 

Of  homestead  under  execution,  $5,000 
exempt  2144. 

Of  lots  in  federal  townsite  not  conveyed 
within  one  year  1987. 

Of  mortgaged  personal  property  under  exe- 
cution 1080. 

Of  perishable  property,  not  stayed  by  appeal 
5355. 

Of  property  for  delinquent  taxes,  only 
smallest  portion  that  will  pay  judgment 
and  costs  to  be  sold,  redemption,  how 
made  by  minors  or  others  3666. 

Of  property  of  churches,  associations  and 
societies,  district  court  may  make  order 
for  1369. 

Of  property  to  which  county  assessor  holds 
deed  under  delinquent  tax  sale,  when 
and  how  may  be  made  3767. 

Of  real  estate  belonging  to  minors  or  per- 
sons under  legal  disability,  local  or  special 
law  invalid  (Nev.  Const,  art.  iv,  sec.  20, 
as  amended  1889)  278. 

Of  real  estate  for  taxes  or  under  execution 
or  order  of  sale,  successor  in  office  may 
execute  deed  with  same  effect  as  if  by 
officer  making  sale  1662,  1663. 

Of  real  estate  under  execution,  certificate 
of,  what  to  state  5298. 

Of  real  estate  under  execution  for  foreclo- 
sure of  lien  2227. 

Of  real  property  under  execution,  certifi- 
cate of  redemption  to  be  recorded  and 
noted  by  recorder  5301. 

Of  real  property  under  execution,  eviction 
of  purchaser  or  redemptioner,  liability  of 
judgment  creditor  for  price  paid  5306. 

Of  real  property  under  execution,  failure 
of  purchaser  to  recover  possession, 
revival  of  original  judgment  for  amount 
paid  by  purchaser  with  interest  5306. 

Of  unclaimed  lots  in  federal  townsite, 
disposition  of  proceeds  1993. 


Civil  practice 


INDEX 


2278 


Sale — continued. 

Of  unclaimed  property  530-542. 

Of  unclaimed  property  to  pay  freight  541. 

Of  unclaimed  stolen  property,  when  may 
be  made  by  county  treasurer  7449. 

On  execution,  after  and  before  conveyance 
court  may  enjoin  injury  to  real  property 
5519. 

On  execution,  damages  for  injury  to  real 
property  before  delivery  5520. 

Referees  must  make  report  of  in  actions 
for  partition  5562. 

To  be  absolute  in  action  by  majority  own- 
ers against  minority  owners  for  expendi- 
ture on  mine  2482. 

Under  execution,  debtor  may  direct  order 
in  which  property  may  be  sold  5292. 

Under  execution,  duplicate  of  certificate  to 
be  filed  with  county  recorder  5298. 

Under  execution,  how  made  5292. 

Under  execution,  gold  dust  and  bullion  to 
be  returned  as  money  5287. 

Under  execution,  notice  of,  how  given  5290. 

Under  execution,  of  animals  held  for  charges 
5499. 

Under  execution,  of  personal  property  to  be 
in  view  of  those  who  attend  the  sale  of 
real  property  at  the  court  house  5292. 

Under  execution,  of  real  property  in  two 
counties,  notice  to  be  given  in  both  5292. 

Under  execution  or  other  process,  sheriff 
not  to  purchase  at  1655. 

Under  execution,  proceedings  against  party 
refusing  to  pay  bid  5294. 

Under  execution,  purchaser  refusing  to  pay 
bid  liable  for  loss  and  costs  5293. 

Under  execution,  sheriff  to  pay  over  money 
paid  for  redemption  5302. 

Unless  in  good  faith,  fees  and  salaries  of 
public  officers  are  subject  to  attachment 
and  execution  2864. 

When  court  may  order,  in  action  for  parti- 
tion 5538. 

When  evidence  of  fraud  1078,  1079. 
Sales  of  merchandise,  requirements  3908-3912. 
Salesman,  has  preferred  claim  for  wages  5493, 

5494. 

Satisfaction  of  judgment,  in  action  for  delin- 
quent taxes  not  to  be  entered  until  costs 
and  penalties  are  paid  3660. 

Of  judgment,  method  and  entry  5279. 

Of  judgment,  when  may  be  made  by  at- 
torney 507. 

Of  lien,  penalty  for  failure  to  enter  acknowl- 
edgment of  2228. 

Of  mortgage,  a  lien  3755. 
Schedule,  of    acts    and    sections  relating  to 
estates  of   deceased  persons   5857.     See 
Estates  of  Deceased  Persons  and    refer- 
ences thereto. 

Of  acts,  repealed  by  civil  practice  act  5821. 
Schedule  of  chapters,  in  main  civil  practice 

act  4943,  p.  1433. 

Schedule  of  sections,  relating  to  action  for 
personal  injuries  5649. 

Action,  manner  of  commencing  5016. 

Action,  manner  of  commencing  in  justice's 
court  5722. 

Action,  to  quiet  title  5514. 

Adoption  of  children  5825. 

Affidavits  5450. 


Schedule  of  sections— continued. 
Amendments  to  pleadings  5080. 
Answer  5046. 
Appeals '5325. 

Appeals  from  justice's  court  5788. 
Arbitration  5255. 

Arrest  and  bail  in  civil  cases  5087. 
Arrest  in  civil  action,  discharge  from  5114. 
Attachment  5147. 

Attachment  in  justice's  court  5749,  5752. 
Bankruptcy  543. 
Certiorari  5683. 
Claim  and  delivery  5124. 
Common-law  and  miscellaneous  provisions 

5474. 

Contempt  5394. 
Contempt  and  general  provisions  in  justice's 

court  5795. 
Costs  5376. 
Court  reporter  4908. 
Courts  and  court  officers  4828. 
Definitions,  common-law  and  miscellaneous 

provisions  5474. 
Demurrer  to  answer  5053. 
Demurrer  to  complaint  5040. 
Depositions  taken  outside  of  state  5458. 
Depositions  taken  within  state  5454. 
Discharge  from  arrest  in  civil  action  5114. 
Divorce  5838. 
Eminent  domain  5606. 
Estates  of  deceased  persons  5857. 
Evidence,  proof  of  public  writings  5408. 
Exceptions  5315. 
Execution  5280. 

Execution  in  justice's  court  5783. 
Execution,  proceedings    supplementary  to 

5307. 

Federal  bankrupt  act  543. 
Fees  1994-2005. 

Forcible  entry  and  detainer  5585. 
Garnishment  5169. 
Guardians  7149. 
Habeas  corpus  6226. 
Injunction  5136. 
Issues,  mode  of  trial  5195. 
Judgment,  in  general  5238. 
Judgment  in  justice's  court  5754. 
Judgment,  manner  of  giving  and  entering 

5266. 

Jurors  and  juries  4929-4942. 
Jury  trial  5204. 

Justice's  court  pleadings  5734. 
Juvenile  court  728. 

Limitations,  miscellaneous  provisions  4974. 
Limitations,  of  actions  not  relating  to  real 

property  4967. 

Limitations ,  pertaining  to  real  property  4948. 
Lost  records  affecting  real  property,  restora- 
tion 5630. 
Mandamus  5694. 

Manner  of  commencing  action  5016. 
Manner  of  commencing  action  in  justice's 

court  5722. 
Manner  of  giving  and  entering  judgment 

5266. 

Motions  and  orders  5362. 
Municipal  court  767,  831,  832. 
New  trials  5319. 
New  trials  and  appeals  in  justice's  court 

5788. 
Notices,  filing  and  serving  papers  5367. 


2279 


INDEX 


Civil  practice 


Schedule  of  sections— continued. 
Nuisance  and  waste  5504. 
Orders  and  motions  5362. 
Papers,  filing  and  serving  5367. 
Parties  4986. 

Parties  not  originally  summoned  524.°>. 
Partition  5527. 

Perpetuating  testimony  54t>4. 
Personal  injuries  5649. 
Place  of  trial  5011. 
Place  of  trial  in  justice's  court  5715. 
Pleadings  in  justice's  court  5734. 
Pleadings,  rules  of  5065. 
Pleadings,  variance,  mistakes  and  amend- 
ments 5080. 

Pleadings,  verification  of  5060. 
Possessory  actions  5849. 
Postponement  of  trial  5195. 
Proceedings   supplementary   to    execution 

5307. 

Proof  of  public  writings  5408. 
Provisional  remedies  in  justice's  court  ~>7  I 1. 
Public  writings,  proof  of  5408. 
Quo  warranto  5656. 
Real  property,  restoration  of   lost  records 

affecting  5630. 

References  and  trial  by  referees  r>23n. 
Repeal  of  certain  provisions  relating  to  civil 

practice  ">S17. 
Restoration  of   lost  records    affecting  real 

property  5630. 
Rules  of  pleading  5065. 
Supplementary  proceedings   to    execution 

5307. 

Testimony,  perpetuation  of  5464. 
Title,  action  to  quiet  5514. 
Trial  by  court  5±.>»;. 
Trial  by  jury  5204. 
Trial,  place'of  5011. 
Trial,  place  of,  in  justice's  court  5715. 
Trials  and  judgments  in  justice's  court  5754. 
Verdict  5221 . 

Verification  of  pleadings  5060. 
Venue,  in  justice's  court  5715. 
Waste  and  nuisance  5504. 
Witnesses  5419. 

School  bond  taxes,  lien  enforcible  as  other 
'  taxes  3439. 

School  teachers,  libraries  and  certain  prop- 
erty of  exempt  from  execution  5288. 
School  uses,  eminent  domain  may  be  exer- 
cised for  5606. 
Schools,  when  to   receive  surplus  on  sale  of 

animals  on  lien  for  charges  5500. 
Seal,  and  certificate  of   county  clerk   to  be 

attached  to  summons  to  be  served  out 

of  town  in  civil  action  in  justice's  court 

5732. 
And  certificate  of  county  clerk  to  writ  of 

attachment  in  justice's  court  for  service 

in  another  county  5751. 
And  certificate  to  attest  records  of  other 

states  5410. 
Genuineness  of  signature  of  judge  taking 

affidavit  out  of  state  to  be  certified  under 

by  clerk  5453. 
How  to  be  affixed  5481. 
Of  court,  attached  to  certificate  to  copy  of 

records  of  this  state  or  the  United  States 

5408,  5409. 
Of  court,  how  may  be  affixed  4880. 


Seal  —  continued  . 
Of  court,  to  what  papers  or  proceedings  to 

be  affixed  4879. 

Of  supreme  and  district  courts  to  have  4875. 
When    private,  of   clerk  of   court  may  be 

used  4877. 

"  Seal"  or  letters  "  L.  S."  sufficient  description 
of  seal  in  telegraphing  papers  for  service 
and    word  "stamp"  sufficient   to  indicate 
revenue  stamp  5372. 
Sealed  verdict  5217. 

Search  and  seizure,  not  to  take  place  except 

on  probable  cause  supported  by  oath  and 

particulars  (Nev.  Const,  art.  i,  sec.  18)  247. 

Searcher  of  records,  may  make  and  verify 

abstract  of  title  in  action  for  partition  5545. 

Search  warrants,  schedule  of  sections  7415. 

See  Search  Warrants  and  references. 
Seat  of  government,  terras  of  supreme  court 
to  be  held  at  (Nev.  Const,  art.  vi,  sec.  7)322. 
Secretary  of  corporation,  deposition  of,  may 

be  taken  5454. 

Secretary  of  state,  bond  of  guardian  of  insane 
person  to  be  given  for  payment  of  expenses 
in  advance  to  2201. 

Certified  copy  of  decree  of  dissolution  of 
corporation  and  appointment  of  receiver 
to  be  filed  with  1196. 
Foreign  corporation  to    file  certificate   of 

appointment  of  resident  agent  5024. 
May  certify  to  certificate  of  incorporation 


On  certification  from  district  judge  that 
property  of  insane  person  is  exhausted, 
shall  transfer  insane  person  to  indigent 
list  2201. 

To  receive  depositions  and  papers  on  con- 
test for  members  of  the  legislature  and 
deliver  to  presiding  officer  1820-1822. 
When  to  advise  governor  to  have  action 
brought  against  foreign  corporation  for 
doing  business  without  filing  certificate 
1350. 

"Section,"  used  in  civil  practice  act  means 
section  of  that  act  unless  otherwise  speci- 
fied 5475. 
Security  for  costs  in  action  in  quo  warranto 

5659. 
Security  for  obedience   to    order   regarding 

children  in  action  for  divorce  5840. 
Seduction,  action  for  may  be  brought  within 

two  years  4967. 
When  father,  mother  or  guardian  may  sue 

4995. 

When  unmarried  female  may  sue  4994. 
Self-incrimination,  not  excuse  for  failure  to  tes- 

tify before  public  service  commission  4536. 
Senate,  chief  justice  to  preside  over  on  trial 
of  impeachment  of  governor  or  lieutenant- 
governor  (Nev.  Const,  art.  vii,  sec.  1)  334. 
To   try   impeachments,  oath  of   senators, 
concurrence  of  two-thirds  elected  neces- 
sary (Nev.  Const,  art.  vii.  sec.  1)  334. 
Sentence,   on  indictment  for  contemptuous 

conduct  5405. 

Separate  property,  defined  289,  2155. 
Of  husband  not  liable  for  debts  of  wife  con- 

tracted before  marriage  2170. 
Of  wife,  failure  to  file  inventory  is  prima 
facie   evidence   that   it   is    not  separate 
property  2159. 


Civil  practice    • 


INDEX 


2280 


Separate  property — continued. 

Of  wife,  filing  inventory  with  county  re- 
corder is  notice  of  title  2158. 

Of  wife,  not  liable  for  debts  of  husband 
2171. 

Probate   proceedings,    inventory   to    show 

5944. 
Separation  of  husband  and  wife,  contract  of 

2175. 
Servant,  has  preferred  claim  for  wages  5493, 

5494. 

Service,  after  judgment  against  parties  not 
summoned  before  judgment  in  action  on 
joint  contract,  what  to. contain,  to  be 
accompanied  by  affidavit  5244,  5245. 

By  sheriff,  of  process  or  papers,  when  to 
deliver  copy  to  party  served  1649. 

Of  affidavits  and  counter-affidavits,  on 
motion  for  new  trial  5324. 

Of  amended  complaint,  maybe  made  upon 
attorney  or  party  5043. 

Of  complaint  and  summons  in  action  for 
unlawful  detainer  5593. 

Of  copy  of  order  shortening  time  for  notice 
for  taking  deposition  in  state  5455. 

Of  cost  bill  and  motion  to  retax  5387. 

Of  cross-complaint  on  codefendant  5052. 

Of  notice  and  undertaking  on  appeal,  order 
of  immaterial  5330. 

Of  notice  by  bank  examiner  to  persons 
holding  claims  against  closed  bank  671. 

Of  notice,  failure  to  make  upon  subtenant 
entering  after  action,  no  defense  in  action 

.   for  unlawful  detainer  5592. 

Of  notice  for  taking  deposition  for  perpetu- 
ation of  testimony,  proof  of,  to  be  filed 
with  clerk  5468. 

Of  notice  in  case  of  unlawful  detainer, 
tenant  or  mortgagee  may  perform  con- 
dition 5588. 

Of  notice  of  affidavit  for  taking  deposition 
in  state  5455. 

Of  notice  of  appeal  5330. 

Of  notice  of  application  for  discharge  from 
arrest  in  civil  action  5116. 

Of  notice  of  contest  in  U.  S.  land  office  to 
determine  mineral  or  agricultural  char- 
acter of  land  2397. 

Of  notice  of  hearing  in  justice's  court  after 
service  of  summons  or  appearance  5733. 

Of  notice  of  motion  to  permit  plaintiff  to 
occupy  premises  pending  action  under 
eminent  domain  5615. 

Of  notice  of  proposed  modification  of  find- 
ings 5227. 

Of  notice  of  taking  testimony  for  perpetua- 
tion 5466. 

Of  notice  of  time  and  place  of  trial  on  trans- 
fer of  civil  action  in  justice's  court  5719. 

Of  notices  and  papers  5367-5373. 

Of  notices  and  papers  by  mail,  how  made, 
time  5373.  - 

Of  notices  and  papers,  may  be  made  on 
county  clerk  when  party  has  no  office  at 
county-seat  5369. 

Of  notices  and  papers  not  applicable  to 
contempt  in  certain  cases  5368. 

Of  notices  and  papers,  when  and  how  made 
5369. 

Of  notices  and  papers,  when  may  be  made 
bv  mail  5370. 


Service— continued. 
Of  process,  may  be  on  land  ceded  to  United 

States  1949,  1951. 
Of   process  on  corporation,  how  may  be 

made  1188. 

Of  statement  on  appeal  5331. 
Of  subpena,  how  made  5433. 
Of  subpena  if  witness  be  concealed  5434. 
Of    summons    by  publication    in    justice's 

court  5732. 
Of  summons  by  publication  on  unknown 

heirs  5028. 

Of  summons,  how  made  5023. 
Of  summons  in  action  by  majority  owners 

against  minority  owners  for  expenditure 

on  mine  2480. 

Of  summons  in  actionin  justice's  court,  lim- 
itation on  5731. 

Of  summons  in  action  to  restore  lost  rec- 
ords 5634. 
Of   summons    in    civil    action  in   justice's 

court,  if  out  of  town,  certificate  and  seal 

of  county  clerk  to  be  attached  5732. 
Of  summons  in  justice's  court,  by  whom  and 

how  made  5732. 
Of  summons,  proof  of,  before  judgment  by 

default  in  justice's  court  5754. 
Of  summons,  proof  of,  how  made  5032,  5033. 
Of  summons,  proof  of  to  be  made  before 

entry  of  judgment  by  default  in  action  to 

determine  adverse  claim  to  real  property 

5524. 
Of   summons    upon    controller    in    action 

against  the  state  for  services  or  advances 

authorized  by  law  5653. 
Of  summons,  when  required  in  quo  war- 

ranto  5665. 

Of  writ  of  certiorari  5689. 
Of  writ  of  garnishment  5172,  5173. 
Of  writ  of  mandamus,  how  made  5706. 
Of  writ   of   mandamus   upon   majority  of 

board  sufficient  5707. 
Of  writ  or  papers  sent  by  telegraph,  original 

to  be  filed  with  court  5371. 
On  nonresident,  when  to  be  on  attorney  or 

clerk  5375. 

On  parties  residing  out  of  county  in  pro- 
ceedings to  restore  lost  records  5643. 
On  sheriff,  how  made  1660. 
Session  of  district  court,  duties  of  sheriff  dur- 
ing, rule  xxxix,  p.  1431. 
Set-off.     See  Counter-claim. 
Settlement,  between  parties,  does  not  affect 

lien  for  attorneys'  fees  5376. 
Of  instructions  in  district  court,  rule  xl,  p. 

1431. 

Of  statement  on  appeal  5381. 
Sewerage,  when    eminent   domain    may   be 

exercised  for  5606. 
Shares  of  corporation,  subject  to  attachment 

5151,  5152,  5287. 
Sham   and  irrelevant  matter,  to  be  stricken 

out  of  pleadings  5067. 

Sheep,  damages  for  herding  on  lands  of 
another  or  within  one  mile  of  ranch  house 
2319,  2320. 

Sheriff.     See  Sheriff. 
Action    against    for    escape    of    prisoner 

arrested  on  civil  process  may  be  brought 

within  two  years  4967. 


2281 


INDEX 


Civil  practice 


Sheriff— continued. 
Action  against  for  official  acts,  notice  to 

sureties  4957,  5242. 
Action  against  for  official  misconduct  may 

be  commenced  within  two  years  4967. 
Affidavit  or  certificate  of  service  of  sum- 
mons 5032,  5033. 
And  sureties  liable  for  failure  to  pay  over 

money  1652. 
Arrest,  civil  action,  liability  5092-5094,  5098, 

510Q,  5111,  5308,  5446,  5744-5748. 
Attachment,  how  to  execute  5150-5157,5168, 

5169,  5173. 

Bond  of  indemnity,  may  demand  1659. 
Claim  against,  by  other  person  for  property 

in  action  for  claim  and  delivery  not  valid 

unless  supported  by  affidavit  5*134. 
Collection  made,  liability  NJ-VJ. 
Disposal  of  property  received  from  garni- 

shee  after  payment  or  performance  5187. 
District  court,  may  adjourn,  when  4872. 
Duties,  during  session  of  district  court,  rule 

xxxix,  p.  1431. 
Duty  in  regard  to  abatement  of  nuisances 

in  unincorporated  towns  «>2(). 
Duties  on  receiving  execution  from  justice's 

court  57Sii. 
Duty  on  stay  of  execution  pending  motion 

for  new  trial  in  district  court,  rule  xxvi, 

]).  1  129. 

Duty  to  attend  court,  judicial  officers  and 

coroner  and  execute  orders  and  process 

1648, 1650. 
Duty  to  serve  subpena  requiring  attendance 

before  public  service  commission  4532. 
Elisor,  appointed  to  act  for  5  !'.»•">. 
Entitled   to  only  one  mileage  for  serving 

more  than  one  process  in  same  action 

requiring  only  one  journey  2037. 
Execution    may  be  issued  to  in  different 

counties  52«sn. 

Execution  to  be  directed  to,  how  to  be  sat- 
isfied by  5281. 
Fees  of,  for  selling  animals  on  execution 

under  judgment  for  charges  5499. 
Fees  of,  in  contested  election  for  county  or 

township  office  same  as  in  district  court 

1811. 
Fees  of,  in  counties  polling  over  800  votes 

2009,  2919;   in  counties  polling  not  over 

800  votes  1997. 

Garnishment,  disposalofproperty5185-5187. 
Has  same  power   in   county  attached   to 

another  county  for  judicial  purposes  1658. 
Holding  execution,  not  to  purchase  at  sale 

1655,  5292. 
How   confined    upon    being    arrested   by 

elisor  5497. 

How  service  made  upon  1660. 
How  to  attach  credits  and  property  in  pos- 
session of  another  5153,  5169. 
How  to  execute  writ  of  attachment  5150, 

5152. 
How  to  give  notice  of  sale  under  execution 

5290. 
How  to  sell  mortgaged  property  in  two  or 

more  counties  on  foreclosure,  return  for 

deficiency  5501. 
How  to  serve  copies  in  action   for  claim 

and  delivery  of  personal  property  5127. 


Sheriff — continued . 

How  to  serve  subpena  on  concealed  wit- 
ness 54:  J4. 

If  party  to  civil  action,  how  other  party 
arrested,  may  be  confined  5497. 

In  charge  of  jury,  duty  4942,  5208,  5213. 

In  contempt  proceedings  must  detain  per- 
son until  discharged  5399. 

Indemnifying  bond,  when  may  demand 
1659. 

Jury,  provide  food  and  lodging  for  4942, 
5208;  5213. 

Jury,  to  have  charge  of  5208. 

Jury,  to  summons  4930-4939. 

Liable  as  bail  on  arrest  in  civil  action  5110. 

Liable  for  defendant's  sureties  until  they 
justify  in  action  for  claim  and  delivery 
5130. 

Liable  on  official  bond  for  escape  of  defend- 
nnt  arrested  in  civil  action  5111. 

Liability  of,  for  neglect  to  execute  writ  of 
execution  or  attachment  or  pay  over  col- 
lections 1651,  1<>52. 

Making  sale  under  execution  to  deliver 
personal  property  and  certificate  of  sale 
to  purchaser  52!  Ki. 

May  arrest  defendant  who  has  been  released 
from  arrest  in  civil  action  5098. 

May  be  removed  or  suspended  and  another 
appointed  to  perform  duties  pending 
charges  3753. 

May  call  power  of  county  to  take  property 
in  action  for  claim  and  delivery  5132. 

May  collect  after  term  of  office  on  execu- 
tion in  process  previously  levied  1656. 

May  make  deed  for  real  estate  sold  by 
predecessor  1662,  1663. 

May  reject  bid  of  person  who  has  refused 
to  pay  bid  at  execution  sale  5294. 

May  sell  certain  personal  property  for  pay- 
ment of  licenses  3742. 

May  sell  property  again  under  execution  if 
bidder  refuses  to  pay  5293. 

May  serve  summons  in  action  in  justice's 
court  5732. 

Mileage  of,  computed  from  court  house 
2040. 

Must  pay  into  court  deposit  on  arrest  in 
civil  action,  liability  on  sheriff's  bond 
5107. 

Need  not  keep  property  claimed  by  other 
person  in  action  for  claim  and  delivery 
unless  indemnified  by  undertaking  5134*. 

Need  not  return  writ  of  attachment  before 
serving  garnishment  5173. 

Not  liable  for  damages  for  failure  to  make 
service  unless  fees  paid  1659. 

Not  to  charge  for  written  return  2041. 

Not  to  purchase  at  sale  under  execution  or 
other  process  1655,  5292. 

Payment  on  redemption  of  real  property 
sold  under  execution  to  be  made  to  5302. 

Practice  of  law  by,  prohibited  1646. 

Railroad  commission,  papers  to  serve  4565. 

Redemption  5302,  5303. 

Required  to  take  personal  property  on 
claim  and  delivery  5126,  5127. 

Return  of  warrant  of  arrest  and  undertak- 
ing in  contempt  proceedings  5401. 

Sale  under  execution,  not  to  purchase, 
duties  1655,  2828,  5292-5296,  5301. 


Civil  practice 


INDEX 


2282 


Sheriff — continued. 

Selling  property  under  execution  without 

giving  notice,  damages  and  penalty  5291. 
Service  of  summons  in  civil  action  5016- 

5022,  5032,  5033. 
Service  on,  how  made  1660. 
Successor  may  execute  deed  1662-1663. 
Sureties  liable  for  failure  to  pay  over  money 

1652. 

Summons,  service  of  5016-5022,  5032,  5033. 
Table  of  fees,  to  post  2025. 
Term  expired,  power  1656. 
To  collect  balance  on  execution  if  attached 

property  insufficient  to  satisfy  judgment 

5160. 
To    deliver  property  to  plaintiff  in  action 

for   claim    and    delivery   if   defendant's 

sureties  fail  to  justify  5130. 
To  deliver  to  defendant  remaining  property 

attached  after  satisfaction  of  judgment 

5160. 
To  detain  defendant  arrested  in  civil  action 

in  justice's    court   until  discharged    by 

justice  5748. 
To  execute  certificate  of  redemption  of  real 

property  sold  under  execution  5301. 
To  execute  process  under  act  to  regulate 

railroad  and  other  rates  4565. 
To  execute  warrant  of  arrest  for  disobedi- 
ence of  witness  5441. 
To  execute  writ  of  execution  5289. 
To  file  notice,  undertaking  and  affidavit  in 

action  for  claim  and  delivery  5135. 
To  give  certificate  of  deposit  and  discharge 

defendant  arrested  in  civil  action  5106. 
To  give  notice  and  make  return  on  arrest 

of  defendant  in  civil  action  in  justice's 

court  5747. 

To  give  receipt  for  debt  garnished  5157. 
To  indorse  date  of  receipt  of  process  or 

papers  for  service   and  deliver  copy  to 

party  served  1649. 
To   levy   on    such   property    as   judgment 

debtor  indicates  when  there  is  excess  5289. 
To  make  inventory  of  property  attached 

5156. 
To  pay  moneys  collected  on  execution  of 

process  to  justice  of  the  peace  5810. 
To  pay  over  money  paid  for  redemption  of 

real  property  sold  under  execution  5302. 
To  pay  wages  as  preferred  claim  against 

attachment  or  execution  5494. 
To  receive  and  deliver  copy  of  affidavit  and 

order   on    arrest   of   defendant   in    civil 

action  5093. 
To  receive  property  from  garnishee  5155, 

5175. 
To  receive  property  from   garnishee,  sale 

5175. 
To  receive  property  pledged  to  garnishee 

on  payment  to  garnishee  or  performance 

5185,  5186. 

To  return  execution,  when  5283. 
To  satisfy  judgment  from  proceeds  of  sale 

of  property  attached  5159. 
To  serve  and  execute  writs  and  papers  sent 

by  telegraph,  liability  5371. 
To-  serve   notice   of   election    contest    for 

county  or  township  office  1808. 
To  serve  notice  of  contest  for  member  of 

the  legislature  1818. 


Sheriff — continued. 

To  serve  subpenas  in  contest  for  county  or 
township  office  1809. 

To  take  and  deliver  property  on  payment 
of  fees  in  action  for  claim  and  delivery 
5133. 

Under  attachment  to  sell  personal  prop- 
erty and  collect  debts  5157. 

Unlawful  to  be  interested  in  purchase  at 
sale  made  officially  2828. 

Wages,  preferred  claim,  to  pay  over  5494. 

What  papers  must  be  served  with  notice  to 
on  redemption  of  real  property  sold  under 
execution  5302,  5303. 

When  elisor  may  be  appointed  to  act  in- 
stead of  5495. " 

When  excused  from  bringing  person  ar- 
rested in  contempt  proceedings  5407. 

When  liable  for  arresting  in  civil  action 
witness  subpenaed  5446. 

When  may  adjourn  court  4872. 

When  may  arrest  and  bring  defaulting  wit- 
ness 5440. 

When  may  arrest  defendant  in  civil  action 
in  justice's  court  5754. 

When  may  be  ordered  to  arrest  debtor  on 
proceedings  supplementary  to  execution 
5308. 

When  not  liable  for  more  than  amount  bid 
by  second  purchaser  and  amount  col- 
lected from  purchaser  refusing  to  pay  at 
sale  under  execution  5295. 

When  required  to  arrest  defendant  in  civil 
action  5092,  5094. 

When  to  relinquish  property  on  stay  of  exe- 
cution on  appeal  from  justice's  court  5793. 

When  to  return  and  indorse  writ  of  attach- 
ment 5168. 

When  to  return  and  stay  execution  pend- 
ing appeal  in  district  court,  rule  xxii,  p. 
1429. 

When  to  take  defendant  arrested  in  civil 
action  in  justice's  court  before  another 
justice  5746. 

Writ  of  attachment  or  execution,  liability 

to  creditors  1651-1652. 
"Sheriff,"  when  word  "constable"  is   to   be 

substituted  for  in  certain  sections  relating 

to  attachment  5752. 

Sheriffs,   several  writs  of  attachment  in  jus- 
tice's court  may  be  issued  to  different  5751. 
Sheriff's    deed    under    execution    sale    and 
redemption,  who  entitled  5301. 

Fees  when  not  over  800  votes  in  county  1997. 

Receipt,  discharge  when  debtor  or  judg- 
ment debtor  pays  creditor  5309. 
Sickness,  of  justice  of  the  peace,  another  may 

attend  on  his  behalf  5811. 
Signature,  of  makers  of  note  or  instrument 
admitted  in  justice's  court  unless  denied 
by  verified  answer  5770. 

Or  subscription  includes  mark  5475. 

When  made  by  mark  to  be  witnessed,  and 
if  for  acknowledgment  or  sworn    state- 
ment by  two  witnesses  5475. 
Singular  number  includes  the  plural  5475. 
Sister,  when  entitled  to  damages  for  death  by 

wrongful  act  5648. 
Sites,   for  electric    light    and  power  plants, 

when  eminent  domain  may  be  exercised  for 

5606. 


2283 


INDEX 


Civil  practice 


Slander,  action   for    may  be   brought  within 

two  years  4907. 
How  pleaded,  proof  507,"). 
Truth  may  be  given  in  evidence  5074. 
Sleeping-car  company,  rates  may  be  fixed  by 

railroad  commission  4555,  4560,  45(ii). 
Smelters,  eminent  domain  may  be  used  for 

and  for  land  for  erection  of  5606. 
Smoke,  when  eminent  domain  may  be  used 

for  disposition  of  5606. 
Society,  district  court  may  make  order  for 

sale  or  mortgaging  of  property  of  1369. 
Sole   trader,  copy   of  order   making   to    be 

recorded  2M»i. 

Liable  for  maintenance  of  children  2193. 
May  sue  or  be  sued  alone  2192. 
Not   to    have   business    superintended   by 

husband  2192. 

Procedure  in  district  court  and  order  allow- 
ing married  woman  to  carry  on  business 
in  her  own  name  2191. 
Rights  and  liabilities  of  2192. 
When  husband  not  responsible  for  debts  of 

wife  as  2 MM. 

Special  administrator  5936-o9:i2. 
Special  issues,  when  may  be  tried  by  jury  4945. 
Special  or  local  laws,  in  certain  enumerated 
cases  are  invalid  (Nev.  Const,  art.  iv,  sec. 
20)  278. 

Special  verdict,  defined,  when   required,  in- 
consistent with  general  5221,  5222. 
Specifications,  of  error,  matter  within  may  be 

reviewed  on  appeal  5340. 
Of  grounds,  on  contest  for  state  office,  filing 

and  verification  ISL':;. 

Specific  performance,  of  contract  of  decedent 
for  conveyance  of  real  property,  when 
decree  may  be  made  by  district  court  6032, 
6033,6147.' 

Specific  performance  of  contracts  1073. 
Specimen  cabinets,  exempt   from  execution 

5822-5824. 

"  Stamp,"  sufficient  to  indicate  revenue  stamp 

when  telegraphing  papers  for  service  5372. 

State,  action  against  for  services  or  advances 

authorized   by  law,  attorney-general  to 

defend,  controller   to  produce   evidence 

and  may  appeal  5654. 

Action  against  may  be  brought  for  services 

or  advances  authorized  by  law  5653. 
Action  by  subject  to  statute  of  limitations 

4971. 
Action  in  quo  warranto  may  be  brought  in 

name  of  5656,  5657,  5660. 
As  a  party  to  action  when  not  required  to 

give  bond  or  undertaking  5487. 
In    action   by   attorney-general    pleadings 

need  not  be  verified  5064. 
Indebtedness  or  liability  to,  local  or  special 
law   releasing,  invalid  (Nev.  Const,  art. 
iv,  sec.  20)  278. 
May  have  contract  declared  void  if  public 

officer  interested  2829. 
Need  not  give  undertaking  on  appeal  5346. 
Provision  may  be  made  by  general  law  for 
bringing  action  against  (Nev.  Const,  art. 
iv.  sec.  22)  280. 
Records  of  other  authentication  under  act 

of  Congress  526-529. 

Shall  not  deprive  any  person  of  due  pro- 
cess of  law  185. 


State— continued . 

When  includes  District  of  Columbia  and 
territories  5475. 

When  losing  party  costs  payable  out  of 
state  treasury  5392. 

When  may  attack  collaterally  due  incorpo- 
ration of  company  1154. 

When  not  bound  by  judgment  in  action  to 
determine  adverse  claim  to  real  property 
5524 . 

State  land  contest,  time  for  filing  and  serv- 
ing pleadings,  rule  xliv,  p.  1431. 

To  be  determined  by  district  judge  3208. 
State  land  patent,  when  copy  of  admissible 

in  evidence  5415. 

State  militia,  copies  of  records  or  papers  cer- 
tified by  adjutant-general  are  evidence 
1061. 

Horses  and  property  exempt  from  execu- 
tion 4086. 

When  members  exempt  from  arrest  under 

civil  process  4081. 

State  office,  time  for  commencement  of  con- 
test 4<>7i'. 

State  officer,  liable  to  impeachment  for  mis- 
demeanor or  malfeasance  (Nev.  Const, 
art.  vii,  sec.  2)  335. 

May  be  removed  for  malfeasance  2851,  2852. 
State  of  Nevada,  action  may  be  brought  in 
name  of  against  public  utility  for  forfeit- 
ure or  penalty  4544. 

Official  bond  to,  any  person  injured  may 

bring  suit  in  own  name  2870. 
State  public  uses,  eminent  domain  may  be 

exercised  for  5<;or>. 
State   treasurer,   how    to   set    apart   money 

received  from  occupant  of  public  lands  for 

absence  under  act  relating  to  possessory 

actions,  5853. 
State  treasury,  local  or  special  law  refunding 

money  paid  into,  invalid  (Nev.  Const,  art. 

iv,  sec.  20)  278. 

Statement,  directors  and  officers  of  corpora- 
tion liable  in  damages  for  making  false 
1175. 

In  contest  for  county  or  township  office, 
not  to  be  rejected  for  want  of  form  1807. 

Of  facts  by  parties  coming  in  under  notice 
in  action  to  enforce  liens,  rule  xxxv,  p. 
1430. 

Of  facts  by  referees  or  arbitrators  on  pro- 
ceedings for  contempt  5396. 

On  appeal,  appeal  may  be  taken  without, 
and  on  bill  of  exceptions  settled  at  time 
of  decision,  order  or  ruling  5343. 

On  appeal,  copy  of  to  be  annexed  to  copy 
of  judgment  roll  5338. 

On  appeal,  costs  for  printing  or  typewriting 
not  to  be  allowed  for  surplusage  5333. 

On  appeal,  effect  of  testimony  may  be  stated 
preferably  5333. 

On  appeal,  facts  may  be  approved  and  set- 
tled by  supreme  court  if  judge  or  referee 
refuses  5333. 

On  appeal,  failure  of  party  to  embody  fair 
portion  of  testimony  essential  for  presen- 
tation of  exception,  opposite  party  allowed 
costs  5333. 

On  appeal  from  order  granting  new  trial, 
time  for  and  what  to  contain  5332,  5333. 


Civil  practice 


INDEX 


2284 


Statement — continued . 

On  appeal,  how  prepared,  served,  filed, 
amended  and  settled  5331. 

On  appeal,  if  there  be  one,  to  be  furnished 
appellate  court  on  appeal  5356. 

On  appeal,  intermediate  orders  involving 
merits  may  be  reviewed  5340. 

On  appeal,  judge  or  referee  may  correct 
5335. 

On  appeal,  may  be  certified  by  respective 
attorneys  or  by  the  clerk  5356. 

On  appeal,  not  necessary  on  appeal  from 
agreed  statement  of  facts  5341. 

On  appeal,  on  ground  that  the  evidence 
does  not  support  verdict  or  decision, 
testimony  may  be  inserted  at  cost  of 
party  losing  on  this  ground  5333. 

On  appeal,  on  questions  of  fact  or  both  law 
and  fact  from  justice's  court,  judgment 
not  required  5790. 

On  appeal,  on  questions  of  law  alone  from 
judgment  in  justice's  court,  what  must 
contain,  amendments  and  settlement  5789. 

On  appeal,  time  for  filing  may  be  enlarged 
5336. 

On  appeal,  what  to  contain  5332,  5333. 

On  appeal,  when  abstract  of  testimony 
must  be  filed  in  supreme  court  5333. 

On  appeal,  when  may  be  settled  as  directed 
by  supreme  court  5334. 

On  appeal,  when  may  be  settled  by  judge, 
referee  or  attorneys  and  filed  5337. 

On  appeal,  when  party  must  allow  testi- 
mony inserted  in  statement  at  his  own 
expense  unless  in  narrative  form  5333. 

On  appeal,  when  presumption  that  evi- 
dence supports  the  verdict  and  decision 
and  when  insertion  of  testimony  unneces- 
sary 5333. 

On  appeal,  when  right  to  make  or  amend 
is  deemed  waived  5335. 

On  appeal,  when  to  be  settled  by  judge  or 
referee  before  or  after  he  ceases  to  act 
5334. 

On  confession  of  judgment,  costs  5250,  5251. 

On  motion  for  new  trial  5321. 

On  motion  for  new  trial  in  district  court,  if 
time  enlarged,  adverse  party  to  have  same 
extension  for  filing  amendments  or 
counter- affidavits,  rule  xxiv,  p.  1429. 

On  motion  for  new  trial  in  district  court, 
to  be  settled  by  referee  who  tried  case, 
rule  xxv,  p.  1429. 

Or  complaint  in  contest  for  member  of  the 
legislature,  how  to  be  forwarded  1820, 
1821. 

Or  complaint  in  contest  for  member  of  the 

legislature,  to  be  verified  1818. 
Statute  of  frauds  1069-1092.  See  Conveyances. 
Statute  of  limitations,  not  to   be   plead   in 
answer  of  party  summoned  after  judg- 
ment in  action  on  joint  contract  5246. 

When  does  not  run  during  term  of  public 

official  2866. 

Statutes,  and  decisions  of  supreme  court,  leg- 
islature to  provide  for  publication  376. 

Printed  copies  of,  from  other  states  or  ter- 
ritories or  foreign  country  presumed  to 
be  correct  5413. 

Private,  how  pleaded,  judicial  notice  5072. 


Statutes — continued . 
Reference  in  to  provisions  of  law  revised 

and  reenacted  in  civil  practice  act  to  be 

construed  as  applying  to  these  provisions 

5817. 

To  be  free  for  publication  376. 
Stay  bond  on  appeal  5347-5355. 
Stay,  of  execution,  by  undertaking  or  deposit 

on  appeal  from  justice's  court  5792. 
Of  execution,  does  not  result  from  appeal 

from  judgment  of  ouster  in  quo  warranto 

5682. 
Of    execution,   from    judgment    or   order 

directing  execution  of  conveyance  5350. 
Of  execution,  how  obtained  in  action  for 

forcible  entry  or  unlawful  detainer  5601. 
Of  execution,  in  district  court,  not  to  be 

granted   pending  motion    for   new   trial 

except  upon  bond  and  notice,  procedure, 

rule  xxvi,  p.  1429. 

Of  execution,  in  justice's  court  5783. 
Of  execution,  on  payment  of  judgment  by 

tenant   in  action  for  unlawful  detainer 

5599. 
Of  execution,  pending  appeal,  sureties  may 

be  required  to  justify  5354. 
Of  execution,  when  to  be  ordered  by  jus- 
tice's court  pending  appeal,  when  officer 

to  relinquish  property  5793. 
Of  foreclosure  proceedings  on  motion  of 

defendant   until    affidavit  filed  showing 

payment  of  taxes  3756. 
Of  proceedings,  order  for  in  certiorari  5687, 

5688. 
Stenographer,  may  be  appointed  by  public 

service  commission  to   take  down   pro- 
ceedings 4535. 
Of  attorney,  when  not  to  testify  regarding 

communication  5425. 
Stenographic  notes,  reference  may  be  made 

to  on  motion  for  new  trial  5321. 
Stipulation ,  in  district  court  not  to  be  regarded 
unless  in  writing  and  signed,  rule  xxvii,  p. 
1429. 
Stock  certificate,  of  corporation,  district  court 

may  order  new  in  lieu  of  one  lost  1165. 
Stock  in  corporation,  how  attached  5152, 5287. 
Stockholders  in  mining  company,  proceed- 
ings for  inspection  of  mine  by  2492,  2495. 
Limitations  of  action  against  for  penalty  or 

forfeiture  4984. 

Majority  of  may  dissolve  corporation  1240. 
May  apply  for  appointment  of  receiver  and 

dissolution  of  corporation  1194,  1195. 
Of  bank,  liability  to  creditors  627. 
Responsibility  to  of  trustee  appointed  on 

dissolution  of  corporation  in  quo  warranto 

5677. 
Trustee  of  to  be  appointed  on  dissolution 

of  corporation  in  quo  warranto  5671. 
Store  account,  action  for  any  article  charged 

may  be  brought  within  four  years  4967. 
Street  railways,  eminent  domain  maybe  exer- 
cised for  5606. 

May  condemn  for  right  of  way  2138. 
Streets,  eminent  domain  may  be  exercised 

for  5606. 
Local    or   special    laws    for   vacating    are 

invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 
Of  cities  and  towns,  when  not  affected  by 

proceedings  in  eminent  domain  5625. 


2285 


INDEX 


Civil  practice 


Style   of    process,   shall   be  "The   State    of 

"Nevada"  (Nev.  Const,  art.  vi,  sec.  13)  328. 
Subcontractor,  when  liable  to  workmen  and 

owner  under  employers'  liability  act  1924. 
Submitting  controversy  without  action  5252- 

5254. 

Subpena,  damages  for  failure  of  witness  to 
obey  5439. 

Disobedience  of  is  contempt  5394. 

Disobedience  of  punishable  as  contempt  in 
justice's  court  5795. 

How  issued  5432. 

How  served,  if  witness  be  concealed  5434. 

How  served,  witness  may  demand  fees  5433. 

Issued  by  railroad  commission,  district 
court  may  compel  obedience  to  by 
attachment  4561. 

May  be  issued  by  clerk  of  district  court 
requiring  attendance  before  public  serv- 
ice commission  4532. 

May  be  issued  by  justice's  court  to  any 
part  of  county  5808. 

May  be  issued  by  officer  taking  acknowledg- 
ment for  witness  to  prove  execution  of 
conveyance  1033. 

May  issue  for  interpreter,  contempt  5430. 

May  require  witness  to  bring  books  5431. 

Person  present  compelled  to  testify  as  if 
served  5435. 

Person  served  with,  when  immune  from 
civil  arrest  5445. 

Punishment  for  disobedience  to  5438. 

When  arrest  void  in  civil  action  and  arrrest- 
ing  officer  liable  for  service  of  5446. 

When  witness  required  to  produce  papers 
5436. 

Witness  disobeying,  sheriff  may  arrest  and 
bring  5440. 

Witness  concealed,  how  served  5434. 

Witness  served,  may  demand  fees  5433. 

Subpenas,  and  certain  writs  must  be  served 

upon  party  instead  of  attorney  5375. 

And  subpenas  duces  tecum  to"  be  issued 
by  clerk  in  contest  for  county  or  town- 
ship office  1809. 
Subscription,  includes  mark  5475. 

When  made  by  mark  to  be  witnessed  and 
if  for  acknowledgment  or  sworn  state- 
ment by  two  witnesses  5475. 
Substitution,  in  action  by  or  against  corpora- 
tions consolidated  1148. 

In  case  of  death  on  appeal  to  supreme 
court,  rule  ix,  p.  1423. 

Of  claimant  as  a  party  5005. 

Of  parties  in  case  of  death,  disability  or 

assignment  5004. 

Subtenant,  entering  after  commencement  of 
action  bound  by  judgment  in  action  for 
unlawful  detainer  5592. 

Notice  to  quit,  how  to  be  served  upon  5591. 

When  to  be  made  party  in  action  for  unlaw- 
ful detainer  5592. 

Successor,  of  justice  of  the  peace,  who  is 
5806,  5807. 

Of  officer  removed  for  malfeasance,  to  be 

appointed  and  to  qualify  2853. 
Suit,  bringing  or  instigating  false  is   misde- 
meanor 6366. ' 

For-  delinquent  taxes  exceeding  $300  to  be 
brought  by  district  attorney  3659. 


Suit— continued. 

In  name  of  another  without  authority  is 
gross  misdemeanor  6372. 

Provision  may  be  made  by  general  law  for 
bringing  against  the  state  (Nev.  Const, 
art.  iv,  sec.  22)  280.     See  Action. 
Summary  administration  6127,  6128. 
Sum  payable  on  negotiable  instrument   de- 
fined 2549. 
Summoning  and  impaneling  grand  and  petty 

juries  and  providing  for  their  compensa- 
tion, local  or  special  laws  are  invalid  (Nev. 

Const,  art.  iv,  sec.  20)  278. 
Summons,  affidavit  and  answer  when  consti- 
tute pleadings  in  action  on  joint  contract 
where  party  summoned  after   judgment 
5247. 

After  judgment  against  parties  not  sum- 
moned before  judgment  in  action  on 
joint  contract,  what  to  contain,  how 
served,  to  be  accompanied  by  affidavit 
5244,  5245. 

Against  foreign  corporation  may  be  served 
on  secretary  of  state  if  resident  agent  is 
not  appointed  5024. 

All  blanks  must  be  filled  in  by  justice  of  the 
peace  before  issuance  5809. 

Before  issuing,  justice's  court  may  require 
deposit  or  undertaking  as  security  for 
costs  5812. 

Date  and  return  to  be  entered  in  justice's 
court  docket  5800. 

Defendant  may  waive  in  justice's  court  5724. 

Foreign  corporation  to  appoint  resident 
agent  upon  whom  process  may  be  served 
5024. 

How  for  answering  by  foreign  corporation 
when  service  is  made  on  secretary  of  state 
5025. 
*.  How  served  5023. 

If  not  personally  served  defendant  may 
answer  to  merits  after  judgment  5084. 

In  action  by  majority  owners  against  minor- 
ity owners  for  expenditures  on  mines, 
what  to  specify,  how  served  2479,  2480. 

In  action  for  delinquent  taxes,  to  demand 
costs  and  penalties  3660. 

In  action  for  delinquent  taxes,  what  to  state 
and  require,  publication,  posting  and  fil- 
ing notice,  fees  3663. 

In  action  for  delinquent  taxes,  when  to  con- 
tain more  certain  description  than  in- 
cluded in  assessment  roll  3662. 

In  action  for  partition,  to  be  directed  to  all 
parties  interested  5531. 

In  action  for  unlawful  detainer,  what  to 
state,  service  5593. 

In  action  to  restore  lost  records,  service, 
waiver  5634. 

In  action  in  justice's  court,  alias  summons 
may  issue,  time  for  appearance  5729, 5730. 

In  action  in  justice's  court,  how  issued, 
directed  and  what  to  contain  5727. 

In  action  in  justice's  court,  limitation  on 
service  5731. 

In  action  in  justice's  court  to  specify  time 
for  appearance  of  defendant,  indorsement 
5728. 

In  action  in  justice's  court,  how  served, 
personally  or  by  publication  5732. 


144 


Civil  practice 


INDEX 


2286 


Summons — continued. 
In  action  in  justice's  court,  if  out  of  town, 

certificate  and  seal  of  county  clerk  to  be 

attached  5732. 

In  action  in  justice's  court,  name  of  plain- 
tiff's attorney  to  be  endorsed  on  5727. 
In  juvenile  court  proceedings  732. 
In  quo  warranto,  when  to  be  issued,  when 

unnecessary  5665. 

Issuance  of  alias,  in  civil  action  5017. 
Issuance  of,  in  justice's  court  5722,  5723. 
May   be    amended   in   action   for   forcible 

entry  or  unlawful  detainer  5602. 
May    be    served    by    publication    against 

parties  whose  names  are  unknown  5030. 
May  be  served  on  one  or  more  members  of 

association  5007. 

May  issue  within  a  year  after  filing  of  com- 
plaint in  justice's  court  5723. 
May  require  interpreter  to  attend  and  be 

sworn  5430. 
Of  claimant  interpleaded  in  garnishment 

proceedings  5180. 
Proof  of  service  of   before   judgment   by 

default  in  justice's  court  5754. 
Proof  of  service  of,  how  made  5032,  5033. 
Proof  of  service  or  publication  must   be 

made  before  entry  of  judgment  by  default 

in  action  to  determine  adverse  claim  to 

real  property  5524. 
Service  by  publication  on  unknown  heirs 

5028. 
Service    by    sheriff  or   other  person  5016, 

5022. 
Service    of,   by  publication    in  action   for 

partition  bars  parties  5565. 
Service  of,  by  publication  or  out  of  state 

after  publication,  when  complete  5027. 
Service  of,  in  civil  action  gives  jurisdiction 

5034. 

Service  of,  upon  garnishee  5177. 
Service     on     additional     parties     ordered 

brought  in  by  the  court  5008. 
Service  on  part  of  defendants  jointly  liable 

5031. 
To  be    served   upon    controller   in    action 

against  the  state  for  services  or  advances 

authorized  by  law  5653. 
What  to  contain  and  how  to  be  posted  and 

served  personally  and  by  publication  in 

action  to  determine  adverse  claim  to  real 

property  5523. 

What  to  state  and  how  endorsed  5018,  5020. 
When  and  how  service  of,  may  be  made 

by  publication  5026,  5027. 
When  not  served  on  some  defendants,  sat- 
isfaction of  judgment  on  joint  contract 

5282. 
When  order  of  arrest  may  be  indorsed  on 

in  civil  action  in  justice's  court  5744. 
When  to  be  mailed  to  defendant  in  case  of 

publication  5027. 

When  to  have  court  seal  affixed  4879. 
When  to  require  defendant  to  answer  5019. 
Summons  or  writ,  when  "process"  if  issued 

in  judicial  proceedings  5475. 
Sunday  or  nonjudicial  day,  when  excluded 

in  computation  of  time  5482. 
Supersedeas,  practice  for  staying  execution 

pending  appeal  from  district  court,  rule 

xxii,  p.  1429. 


Supersedeas — continued. 

Writ  of  error  operates  as,  when,  rule  xix, 

p.  1424. 
Supplemental  complaint,  answer  and  reply 

5075. 

Supplementary  proceedings,  debtor  may  be 
ordered  to  give  undertaking  to  appear  in 
5308. 

Disobedience  of  orders  punishable  as  con- 
tempt 5314. 

Judge  may  order  property  applied  in  satis- 
faction of  execution  5312. 

To  execution,  relating  to  district  court  are 
applicable  to  justice's  court  5787. 

Witnesses  required  to  appear  and  testify 

when  execution  unsatisfied  5311. 
Support,  child  adopted  entitled  to  5826,  5829. 

Of  husband  by  wife,  when  required  2178. 

Of  wife,  when  not  required  by  husband  if 

she  abandons  him  2177. 
Supreme  court.     See  Supreme  Court. 

Appeal  may  be  taken  to  from  judgment  of 
district  court  in  quo  warranto  5682. 

Appeal  may  be  taken  to  from  order  of  dis- 
trict court  authorizing  sale  of  homestead 
when  wife  insane  2148. 

Appeal  may  be  taken  to  in  action  on  adverse 
claim  to  lot  in  federal  townsite  1985. 

Appeal  may  be  taken  to  under  juvenile 
court  law  753. 

Appellate  jurisdiction  4832,  4833. 

Calendar,  what  cases  to  be  placed  on,  rule  x, 
p.  1423. 

Clerk  has  same  power  to  issue  process  in 
quo  warranto  as  clerk  in  district  court 
5681. 

Court  fee  on  appeal  2032. 

Decisions,  legislature  to  provide  for  publi- 
cation 376. 

Entry  in  trial  court  of  judgment  of  on  appeal 
5360. 

Fees  of  clerk  2006. 

Has  original  jurisdiction  in  contest  for  state 
office  1823. 

How  constituted,  quorum,  concurrence  of 
majority  necessary  to  render  decision 
(Nev.  Const,  art.  vi,  sec.  2)  317. 

Is  court  of  record  (Nev.  Const,  art.  vi,  sec.  8) 
323. 

Judges  and  clerk  of  may  take  acknowl- 
edgements and  affidavits  4883. 

Judgment  not  effective  until  opinion  filed 
with  clerk  (Nev.  Const,  art.  xv,  sec.  8) 
376. 

Jurisdiction  defined  (Nev.  Const,  art.  vi, 
sec.  4)  319. 

Jurisdiction  of,  in  quo  warranto  5663. 

Justice  of  may  order  correction  of  error  or 
omission  relating  to  primary  election, 
disobedience  contempt  1763. 

Justice  thereof  may  make  writ  of  habeas 
corpus  returnable  before  (Nev.  Const, 
art.vi,  sec.  4)  319. 

May  add  costs  and  damages  when  appeal 
for  delay  5359. 

May  allow  amendment  of  error  on  appeal 
on  terms  5358. 

May  hear  proof  and  settle  exception  when 
not  properly  allowed  by  judge  5316. 

May  issue  writ  of  certiorari  5684. 

Mav  issue  writ  of  mandamus  5695. 


2287 


INDEX 


Civil  practice 


Supreme  court— continued. 

Not  to  issue  writ  of  error  or  certiorari 
except  upon  order  after  showing,  rule 
xviii,  p.  141*4. 

( )f  United  States,  jurisdiction  (U.  S.  Const.) 
155. 

<  >nly  to  issue  writ  of  prohibition  5709. 

Opinion  to  be  forwarded  with  reniittitur, 
rule  xvi,  p.  1424. 

Opinions  and  decisions  shall  be  in  writing 
and  recorded  4839. 

Opinions  and  decisions  to  be  recorded,  rule 
xiv,  p.  1424. 

Paper  not  to  be  taken  from  without  order, 
rule  xvii,  p.  1424. 

Power  of  on  appeal  4835. 

Mules,  pp.  1421-1  12.'). 

Sessions  to  be  held  at  capitol  4838. 

To  have  seal  4875. 

To  hear  case  on  appeal  from  judgment  of 
district  court  reviewing  order  of  public 
service  commission  4540 (d). 

Two  justices  may  pronounce  judgment,  re- 
argument  if  two  do  not  agree  4837. 

Verdict  of  jury  in  district  court  may  be  cer- 
tified to  in  quo  warranto  5681. 

Wh;it  original  writs  may  issue  4834. 

When  judge  of  may  make  order  for  arrest 
of  person  receiving  fees  in  election  con- 
test is].-,. 

When  may  direct  settlement  of  statement 
on  appeal  5334. 

When  may  order  original  exhibits  sent  up 
on  appeal  5344. 

When  writ  of  error  returnable,  rule  xx,  p. 

1424. 

Supreme  law  of  the  land  defined  168. 
Sun-ties,  affidavit  and  number  of  to  under- 
takings 5 1S4. 

Affidavit  of  justification  of  to  undertaking 
on  appeal  5354. 

Exception  to,  justification  of,  in  action  on 
claim  and  delivery  5128. 

For  district  attorney,  action  may  be  brought 
against  by  county  treasurer  1601. 

Justification  of  generally  5485. 

Justification  of  in  action  for  claim  and 
delivery  5131. 

Justification  of  on  undertaking  for  arrest  in 
civil  action  5091. 

Justification  of  on  undertaking  for  release 
of  attachment  5164. 

May  be  joined  in  action  5002. 

Notice  to  in  actions  against  sheriff  for  offi- 
cial acts  5242. 

Of  assessor,  action  against  for  underassess- 
ing  or  failure  to  assess  land  3839,  3840. 

Of  assessor,  liable  for  poll  taxes  and  prop- 
erty not  assessed  3625,  3718. 

Of  defendant  in  action  for  claim  and  deliv- 
ery, justification,  5130. 

Of  sheriff  liable  for  his  failure  to  pay  over 
money  1652. 

On  bail  exonerated  on  commitment  for 
insanity  of  person  accused  of  crime  7391. 

On  bond  to  defendant  when  plaintiff  per- 
mitted to  occupy  premises  pending  pro- 
ceedings in  eminent  domain,  justification 
5615. 

On  bond  of  guardian,  time  within  which 
action  may  be  brought  against  6185. 


Sureties— continued.  . 

On  bond  of  guardian  ad  litem,  rule  xxxi, 
p.  14:50. 

On  guardian's  bond,  action  to  be  com- 
menced against  within  3  years  6185. 

On  official  bond  to  State  of  Nevada,  any 
person  injured  may  bring  suit  in  own 
name  2870. 

On  official  or  statutory  bond,  how  may  be 
released,  liability  of  2880-2883. 

On  undertaking  for  attachment  in  justice's 
court,  exception  to,  justification,  waiver 
5760. 

On  undertaking  for  payment  of  judgment 
when  adjournment  for  more  than  ten 
days  in  justice's  court  5760. 

On  undertaking  for  stay  of  execution  pend- 
ing motion  for  new  trial  in  district  court, 
rule  xxvi,  p.  142'.». 

On  undertaking  on  appeal  from  justice's 
court  5792. 

On  undertaking  on  attachment  5149. 

To  make  affidavit  to  undertaking  for  pay- 
ment of  costs  by  nonresident  or  foreign 
corporation  539. 

When  bound  by  judgment  in  actions  for 
official  acts  5242. 

When  judgment  may  be  ordered  against 
them  in  actions  against  sheriff  for  official 
acts  5242. 

Surety,  attorney  not  to  be  received  as  in  dis- 
trict court,  rule  xiv,  p.  1428. 

May  bring  action  to  compel  one  to  satisfy 

debt  due  another  5479. 

Surety  company,  bonding  company  or  cash 
may  be  deposited  in  place  of  personal 
sureties  5486. 

Estoppel  and  evidence  regarding  698,  700. 

May  act  as  sole  surety  on  bonds  and  under- 
t  a  kings  in  court  proceeding  695. 

May  be  surety  on  official  bond  2888. 
Surgery,  applicant  for  certificate  may  appeal 

to  courts  from  decision  of  board  of  medical 

examiners  2366. 
Surplus  money  on  sale  on  foreclosure,  how 

paid  and  deposited  5502. 
Surrender   of   defendant,  after  release  from 

arrest  in  civil  action  5097. 
Survey,  and  marking  of  public  lands  as  basis 
for  possessory  action,  occupancy,  record- 
ing, affidavit  5850,  5851. 

By  railroad  companies  in  proceedings  for 
condemnation  under  eminent  domain 
5627. 

For  right  of  way  by  railroad  company, 
damage  3533. 

Made  by  county  surveyor  or  by  mutual  con- 
sent may  be  admitted  in  evidence  1667. 

Of  mine  by  surveyor,  when  prima  facie 
evidence  2429. 

Of  public  lands  as  basis  for  possessory 
action,  plat  to  be  recorded  5851. 

Of  real  property,  court  may  order  5512,5513. 

Right  to  enter,  to  make  under  eminent 
domain  5610. 

Underground  of  mine,  notice,  application 

and  order  for,  costs  5511. 
Surveyor,  may  be   employed   by  referee    in 

action  for  partition  5439. 
Surveyor's  fees  2017. 
Survival  of  actions  5004. 


Civil  practice 


INDEX 


2288 


Sworn    statement,  by   party    making    mark 

must  have  two  witnesses  5475. 
Tailings,  eminent  domain  may  be  used  for 

deposit  of  5606. 
Tanks  for  oil,  eminent  domain  may  be  used 

for  purpose  of  5606. 
Tax,  city,  lien  against  property  assessed  937. 

District  court  has  jurisdiction  of  cases  in- 
volving legality  (Nev.  Const,  art.  vi,  sec. 
6)  321. 

If  legality  of,  involved  in  justice's  court, 
case  to  be  transferred  to  district  court 
for  trial  5721. 

In  action  involving  legality,  supreme  court 
has    appellate   jurisdiction  (Nev.  Const, 
art.  vi,  sec.  4)  319. 
Taxation,  land  ceded  to  United  States  exempt 

from  1950,  1952. 
Taxpayer,  may  file  objection  to  allowance  of 

claim    against    county,    commissioners    to 

defer    action   at   least  ten  days   to  permit 

institution    of    proceedings    to    determine 

validity  1521. 
Tax  collector,  action  for  money  paid  under 

protest,  may  be  commenced  against  within 

one  year  4967. 
Tax  receiver,  may  be  removed  or  suspended 

and  another  appointed  to  perform  duties 

pending  charges  3753. 
Tax  sale,  deed  of  treasurer  not  prima  facie 

evidence  of  title  in  purchaser  when  record 

lost  5631 . 

Taxes,  action  against  county  recorder  for 
entering  satisfaction  of  mortgage  without 
affidavit  that  taxes  are  paid  3755. 

Action  for  collection  of,  justice's  court  has 
jurisdiction  where  amount  does  not  ex- 
ceed $300  5714. 

Action  for  delinquent  on  proceeds  of  mines, 
district  attorney  to  begin  when  and  where, 
damages,  penalties,  form  of  complaint 
and  answer  3707-3709. 

Action  for,  not  to  be  begun  by  district 
attorney  after  service  of  receipt  3655. 

Affidavit  of  payment  of  on  mortgage  or  lien 
to  be  attached  to  complaint  before  entry 
of  judgment  in  foreclosure  3756. 

Delinquent,  action  for,  complaint,  sum- 
mons and  judgment  to  include  costs  and 
penalty  3660. 

Delinquent,  action  for,  delinquent  list  or 
certified  copy  is  evidence  3658. 

Delinquent,  action  for,  fee  of  district  attor- 
ney 3677. 

Delinquent,  action  for,  judgment,  how 
entered,  costs  and  penalties  to  be  in- 
cluded, is  lien  on  same  and  other  prop- 
erty, default,  redemption  money,  how 
paid,  receipt  of  district  attorney,  evidence, 
execution  3665. 

Delinquent,  action  for  recovery  of,  money 
from  redetnption  and  from  rental  or  sale 
of  property  bid  in  by  county  treasurer, 
how  distributed,  no  fees  from  county  3671. 

Delinquent,  action  for,  summons,  what  to 
contain  and  require,  publication,  posting 
and  filing  notice,  fees  3663. 

Delinquent,  action  for,  treasurer  to  buy  in 
property  if  no  other  bidders,  when  county 
commissioners  may  order  redemption 
3667. 


Taxes — continued. 

Delinquent,  action  for,  what  answer  may 
set  up  3664. 

Delinquent,  action  for,  when  judgment  and 
execution  to  contain  more  certain  descrip- 
tion than  included  in  assessment  roll  3662. 

Delinquent,  assessor  may  force  collection 
by  sale  of  personal  property,  may  give 
absolute  title,  fees  3700. 

Delinquent,  assessor  may  sell  on  summary 
process,  certificate  to  purchaser,  court 
may  issue  citation,  fees,  how  collected 
3679. 

Delinquent,  deed  derived  from  sale  of  real 
property  for  conclusive  evidence  of  title, 
possession  recoverable  in  justice's  court 
3666. 

Delinquent,  duties  of  district  attorney  on 
collection  of  3674,  3675,  3681. 

Delinquent,  exceeding  $300,  action  for  to 
be  brought  by  district  attorney  3659. 

Delinquent,  fees  of  officers  and  costs  in 
action  for,  how  taxed,  when  payable  3673. 

Delinquent,  form  of  complaint  in  action  for 
3661. 

Delinquent,  more  certain  description  may 
be  included  in  summons  and  complaint 
8662. 

Delinquent,  officer  selling  property  for  to 
embrace  in  one  certificate  of  sale  all 
property  bid  off  by  county  treasurer, 
recording  3669. 

Delinquent,  only  smallest  portion  of  prop- 
erty that  will  pay  judgment  and  costs  to 
be  sold,  redemption,  how  made  3666. 

Delinquent  personal,  liable  for  costs  if 
receipt  not  served  on  district  attorney 
3665. 

Delinquent,  when  process  may  be  served 
upon  executor,  administrator,  father, 
mother  or  guardian  of  minor  or  insane 
person  in  action  for  3666. 

District  court  may  order  levy  to  meet 
obligations  of  city  on  disincorporation873. 

Failure  of  assessor  to  make  settlement,  dis- 
trict attorney  to  bring  suit  against  him 
and  sureties,  no  credit  for  delinquent 
3704. 

For  improvement  of  streets  in  unincorpo- 
rated town,  district  attorney  to  bring 
action  for  934. 

For  school  bonds,  lien  enforcible  as  other 
taxes  3439. 

For  state,  county  or  township  purposes, 
local  or  special  law  for  collection  or 
assessment,  invalid  (Nev.  Const,  art.  iv, 
sec.  20)  278. 

Homestead  liable  for  (Nev.  Const,  art.  iv, 
sec.  30)  288. 

Homestead  not  exempt  from  sale  for  2149. 

In  actions  for  delinquent  costs  not  to  be 
charged  to  city  or  town  999. 

Liability  of  county  treasurer  for  failure  to 
settle  with  auditor  3650.  , 

Lien  for  attaches  how  3619. 

Municipal,  jurisdiction  of  municipal  court 
833. 

Must  be  paid  to  establish  adverse  posses- 
sion 4960. 

On  mortgage  and  trust  deed  are  lien  3786, 
3787. 


2289 


INDEX 


Civil  practice 


Taxes— continued. 

<  )n  mortgage  or  deed  of  trust,  deed  for  3787. 

On  proceeds  of  mine,  lien  on  mine  3688. 

Sale  for  delinquent  amounting  to  less  than 
13003651. 

Sale  of  real  estate  for,  deed  may  be  executed 
by  successor  of  officer  making  sale  1(502, 
1663. 

To  be  paid  by  redemptioner  under  execu- 
tion sale  .">:;(  HI. 

To  have  been  paid  for  five  years  in  actions 
to  determine  adverse  claims  to  real  prop- 
erty 5522. 

When  action  maybe  brought  for  delinquent 

3659, 

Telegraph,  in  service  of  papers  by,  not  neces- 
sary to  describe  seal  5372. 

Sending  of  papers  by  for  service  may  be 
from  original  or  certified  copy  5371. 

When  eminent  domain  may  be  used  for  5606. 
Telegraph  company,  may  condemn  for  right 

of  way  2138. 
Telephone,  when   eminent   domain  may  be 

used  for  5606. 

Telephone  company,  may  condemn  for  right 
of  way  2138. 

Rates  maybe  fixed  by  railroad  commission 

1555,  4500,  4562. 

Tenant,  and  subtenant  only  need  be  made 
defendants  in  action  for  unlawful  de- 
tainer, exception  5592. 

For  less  than  ten  years  not  affected  by 
judgment  in  action  for  partition  5542. 

Has  remedies  against  subtenant  fi.V.io. 

May  perform  condition  after  unlawful 
detainer  and  notice  5586. 

Of  agricultural  lands  may  hold  over  if  not 
notified  5589. 

Of  real  property,  when  guilty  of  unlawful 
detainer  5588. 

When  may  pay  judgment  in  action  for 
unlawful*  detainer  and  remain  in  pos- 
session 5599. 

Tenant  in  common,  and  other  tenant  may  be 
sued  for  treble  damages  for  commission 
of  waste  5505. 

When  action  may  be  brought  against 
minority  owners  for  expenditures  on 
mines  2478. 

Tenants,  and  reversioners,  bound  by  judg- 
ment in  action  for  partition  5541. 

May  unite  for  purposes  of  division  in  action 
for  partition  and  give  notice  5579. 

Unknown  to  be  protected  in  action  for  par- 
tition, 5558. 

Whose  estate  is  sold  in  partition  to  receive 

compensation  5556,  5557. 
Tenants  in  common,  and  joint  tenants,  may 
bring  actions  for  partition  5527. 

May  unite  in  action  to  establish  common 
title  5000. 

To  be  joined  in  action  5001. 
Tender,   in  action  for    recovery    of    money, 
when  costs  not  recoverable  5384. 

Of  appraised  value  of  land  on  construction 

of  toll  road  3052. 
Tense,  includes  the  present  as  well   as  the 

future  5475. 

Terms  and  words  defined  5475. 
Terms  of  court,  district  court  always  open  for 
business  4906. 


Terms  of  court— continued. 

Times  of  holding  supreme  and  district  to  be 

as  fixed  by  law  322. 
Territory,  when  included  in  word  "state"  and 

words  "United  States"  5475. 
"Testify,"  embraces  every  oral  statement  under 

oath  or  affirmation  5475. 

Testimony,  abstract  of,  when  must  be  filed  in 
supreme  court  5333. 

And  depositions  of  witnesses  in  divorce  pro- 
ceedings same  as  in  actions  at  law  5842. 

Application  to  take  for  perpetuation  5465. 

By  deposition,  before  whom  and  how  may 
be  taken  in  state  5455,  5456. 

By  deposition,  how  and  by  whom  taken  out 
of  state  :>r><»,  54(H). 

By  deposition,  when  objection  to  form  of 
'interrogatories  not  available  5456. 

Consent  to  taking  in  civil  action  in  justice's 
court  on  postponement  5759. 

For  perpetuation  to  be  taken  before  judge 
5467. 

How  subpena  may  be  issued  for  the  taking 
of  5432. 

If  no  reporter  court  may  order  clerk  to  take 
down  5473. 

In  civil  action,  schedule  of  sections  relating 
to  perpetuation  54(54. 

In  district  court,  when  attorney  not  to  com- 
ment on  own,  rule  xiii,  p.  1428. 

In  proceedings  under  eminent  domain  5616. 

Interrogatories  direct  and  cross  for  taking 
deposition  out  of  state  5460. 

Judge  may  state  to  jury  (Nev.  Const,  art. 
vi,  sec.  12)  327. 

Judge  to  designate  officer  to  take  testimony 
for  perpetuation  and  prescribe  notice  5466. 

May  be  taken  by  deposition  before  justice 
of  the  peace  on  postponement  of  civil 
action  5759. 

May  be  taken  by  district  judge  in  proceed- 
ings for  removal  of  officers  of  corpora- 
tion 1182. 

Of  witness,  consent  for  taking  may  be  re- 
quired on  continuance  5203. 

Of  witness  in  state  may  be  taken  by  depo- 
sition in  certain  cases  5454. 

Of  witness  may  be  taken  and  perpetuated 
5464-5473. 

Of  witness  taken  by  deposition  on  contest 
for  member  of  the  legislature  1818,  1819. 

Officially  reported,  when  may  be  used  on 
subsequent  trial  5472. 

Persons  excluded  from  giving  5423. 

Physician  as  witness  5427. 

Proof  by  affidavit  or  oral  on  trial  laying 
foundation  for  introduction  of  deposition 
5456. 

Regarding  illegal  votes,  when  not  to  be 
given  in  election  contest  unless  specified 
in  list  served  1806. 

Taken  by  deposition,  manner  of  transmis- 
sion of  5456. 

Taken  by  deposition  may  be  used  by  either 
party  on  trial  5456,  5457. 

Taken  by  deposition  out  of  state,  commis- 
sion to  authorize  commissioner  to  admin- 
ister oath  5461. 

Taken  by  deposition  out  of  state  may  be 
read  by  either  party  5463. 


Civil  practice 


INDEX 


2290 


Testimony— continued. 

Time  required  for  obtaining  ground  for 
postponement  of  civil  action  in  justice's 
court  5759. 

Transcript  of  official  reporter  duly  certified 
is  prima  facie  evidence  4912. 

What  part  to  be  set  out  by  question  and 
answer  in  statement  on  appeal  5333. 

When  all  of  may  be  inserted  in  statement 
on  appeal,  at  expense  of  party  unless  in 
narrative  form  5333. 

When  may  be  taken  by  deposition  out  of 
state  5458. 

When  taken  for  perpetuation  may  be  used 
on  trial,  certified  copy,  form  of  interroga- 
tories 5470. 

When  to  be  reduced  to  narrative  form  in 
statement  on  appeal  or  amendments  to 
proposed  statement  on  appeal  5333. 

When  unnecessary  in  statement  on  appeal 
5333. 

Witness  need  not  testify  unless  paid  fee,  if 
demanded  2012. 

Witness  required  to  give  in  answer  to  legal 

and  pertinent  questions  5437. 
Things  in  action ,  when  included  in  words  "  per- 
sonal property"  and  "property"  5475. 
Timber,  action  in  trespass  for  cutting,  treble 

damages  5506. 
Timber,  measure  of  damages  for  cutting  for 

repair  of  public  highway  or  bridge  5507. 
Time,  for  answer,  reply  or  demurrer  may  be 
granted  5084. 

For  complying  with  decision  on  motion  or 
issue  of  law  in  district  court,  when  com- 
mences to  run,  rule  vii,  p.  1426. 

For  filing  papers  on  appeal  from  justice's 
court  to  district  court,  failure  ground  for 
dismissal,  rule  xxxvii,  p.  1430. 

For  filing  papers  on  transfer  of  case  from 
justice's  court  to  district  court,  under  sec. 
5721,  rule  xxxviii,  p.  1430. 

Further  not  to  be  granted  by  any  district 
judge  excepting  one  having  charge  of 
case  or  proceeding, unless  absentor  unable 
to  act,  exception,  rule  xliii,  p.  1431. 

How  computed,  what  days  to  be  included 
and  excluded  5482. 

Of  notice  of  motion,  may  be  shortened  by 
judge  5364. 

To  amend  answer  or  reply  runs  from  serv- 
ice of  notice,  exception  5086. 

When  trial  must  be  commenced  in  justice's 
court  5756. 

When  enlarged  for  filing  statement  or  affi- 
davits for  new  trial  in  district  court, 
adverse  party  to  have  same  extension  for 
filing  amendments  or  counter-affidavits, 
rule  xxiv,  p.  1429. 

Title,    action   to    quiet,    by    whom    may  be 
brought  5514. 

Action  to  quiet,  costs  not  recoverable  if 
defendant  disclaims  interest  5515. 

Action  to  quiet,  schedule  of  sections  5514. 

Deed  derived  from  sale  of  real  property  for 
delinquent  taxes  conclusive  evidence  of 
3666. 

Of  action,  to  be  entered  in  justice's  court 
docket  5800. 

Of  summons,  in  civil  action  in  justice's 
court  5727. 


Title— continued. 

Omitted  or  defective,  when  paper  valid 
5476. 

To  lot  in  federal  townsite,  procedure  to 
obtain  1983-1986. 

To  real  estate  or  mining  claims,  in  action 
involving,  supreme  court  has  appellate 
jurisdiction  (Nev.  Const,  art.  vi,  sec.  4) 
319. 

To  real  property,  court  may  order  party  or 
clerk  to  convey  5241. 

To  real  property,  district  court  has  juris- 
diction in  cases  involving  (Nev.  Const, 
art.  vi,  sec.  6)  321. 

To  real  property,  if  involved  in  justice's 
court,  case  to  be  transferred  to  district 
court  for  trial  5721. 

To  real  property,  may  be  vested  or  con- 
veyed by  judgment  5241. 

To  real  property  or  mining  claims,  action 
involving,  jurisdiction  does  not  lie  in 
justice's  court  5714. 

To  real  property  or  mining  claims  or  ques- 
tions of  boundaries  not  to  be  tried  in  jus- 
tice's court  (Nev.  Const,  art.  vi,  sec.  8) 
323. 
Title  papers  of  estate  of  minor,  district  court 

may  compel  production  4849. 
Toll,  if  legality  of  involved  in  justice's  court, 

case  to  be  transferred  to  district  court  for 

trial  5721. 
Toll,  in  action  involving  legality  supreme  court 

has  appellate  jurisdiction  (Nev.  Const,  art. 

vi,  sec.  4)  319. 
Toll,  district  court  has  jurisdiction  of  cases 

involving  legality  (Nev.  Const,  art.  vi,  sec.  6) 

321. 

Toll  rates,  may  be  regulated  by  the  legisla- 
ture (Nev.  Const,  art.  iv,  sec.  20)  278. 
Toll  road,  eminent  domain  may  be  exercised 
for  5606. 

Franchise,  action  in  quo  warranto  to  deter- 
mine whether  forfeited  3049. 

Person  constructing  may  condemn  private 
land  3052. 

Rates  may  be  regulated  by  the  legislature 
(Nev.  Const,  art.  iv,  sec.  20)  278. 

When  proceedings  may  be  commenced  in 

quo  warranto  to  forfeit  franchise  3757. 
Tort,  making  of  claim  under  employers'  lia- 
bility act  operates  as  assignment  of  assign- 
able cause  of  action  in  1927. 
Town,  action  against  on  rejected  claim  must 
be    commenced    within    one    year    after 
rejection  thereof  4967. 

As  a  party  to  action,  when  not  required  to 
give,  bond  or  undertaking  5487. 

Indedtedness  or  liability  to,  local  or  special 
law  releasing,  invalid  (Nev.  Const,  art.  iv, 
sec.  20)  278. 

May  have  contract  declared  void  if  public 
officer  interested  2829. 

Need  not  give  undertaking  on  appeal  '">:>4(). 

Rights  of,  for  street  purposes,  when  affected 
by  eminent  domain  5625. 

Unincorporated,  action  for  recovery  of 
expense  of  abatement  of  nuisance  in  921. 

Unincorporated,  action  for  recovery  of  tax 
for  improvement  of  streets  934. 

Uses,  eminent  domain  may  be  exercised 
for  5606. 


2291 


INDEX 


Civil  practice 


Township,  in  which  action  to  be  brought  in 

justice's  court  5715. 
Business,  local  or  special  law  regulating, 

invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 
Office,  time  for  beginning  election  contest 

497::. 
Officers,  legislature  may  regulate  fees  and 

compensation  (Nev.  Const,  art.  iv,  sec.  20) 

278. 
Townsite,  appeal  may  be  taken  to  supreme 

court  from  judgment  in  district  court  on 

adverse  claim  to  lot  1985. 
Federal,  claimant  to  lot  to  sign  statement 

in  writing  1983. 

Federal ,  in  case  of  death  or  disability  of  trus- 
tee, district  judge  or  corporate  authori- 
ties may  act  1991. 
Federal,  when  deed  to  lot  to  be  made  to 

guardian  or  trustee  of  minor  or  insane 

person  19S6. 
Fees    and  expenses  of   district   judge  for 

for  patent  and  deeds  1986. 
Tmvnsites,  entered  by  district  judge  as  trus- 
tee, procedure  for'acquiring  lots  1981-1988. 
Federal,  deed  to  lot,  execution  of  after  trial 

of  adverse  claims  in  district  court  l«.»si. 
Federal,  district  judge  to  dispose  of  lots 

under  legislative  authority  11X11. 
Federal,  lots  not  conveyed  within  one  year 

to  be  sold  1987. 
Federal,  sale  of  unclaimed  lots,  disposition 

of  proceeds  1993. 
Townsites,  on  public  lands',  district  judge  may 

enter  as  trustee  19i>l . 
Transcript,  of  docket  to  be  certified  on  change 

of  place  of  trial  in  justice's  court  5719. 
( )f  judgment  may  be  filed  in  any  county  and 

become  lieu  5277. 
( )f  official  reporter  duly  certified  is  priimi 

facie  evidence  of  testimony  in  court  pro- 
ceedings 4912. 
Of  oral  pleadings,  to  be  certified  by  justice's 

court  on  transfer  of  civil  action  to  district 

court  for  trial  5721. 
Of  record  to  be  returned  on  proceedings  in 

certiorari  6787. 
On  appeal  from  final  judgment  or  order,  of 

what  to  consist  1866. 
On  appeal  to  supreme  court,  correction  of 

error  or  defect,  rule  vii,  p.  1423. 
On  appeal  to  supreme  court,  how  may  be 

typewritten  and  bound,  rule  xxv,  p.  1425. 
On  appeal  to  supreme  court,  how  to  be 

printed  or  prepared,  rules  iv,  v,  p.  1422. 
On  appeal,  may  be  either  printed  or  type- 
written, rule  of  costs  5357. 
Transfer  of  case,  from  justice's  court  to  dis- 
trict court  under  sec.    5721,  dismissal  for 
failure  to  file  papers  in  time,  rule  xxxviii, 
p.  1430. 

Transfer  of  mines  before  1863  proved  by  local 
rules,  regulations  or  customs  of  miners  1102. 
Translators'  fees  2016. 
Treasurer,  if  fee  or  salary  of  public  officer  is 

garnished,  may  pay  into  court  2865. 
May  be  removed  or  suspended  and  another 

appointed    to    perform    duties    pending 

charges  3753. 
Of  corporation,  deposition  of  may  be  taken 

5454. 


Treaties,  published  by  Little  &  Brown,  are 

evidence  529. 

Trees,  action  in  trespass  for  cutting  or  injur- 
ing, treble  damages  5506. 

Measure  of  damages  for  cutting,  for  repair 

of  public  highway  or  bridge  5507. 
Trespass,  for  cutting  timber,  action  for,  treble 
damages  5506. 

Measure  of  damages  for  extraction  of  ore 
from  mine  5509. 

Of  animals  on  grounds  enclosed  by  lawful 
fence,  damages  2332. 

Of  live  stock,  damages  and  attorneys'  fees 
recoverable  2335-2337. 

On  mine,  application  for  underground  sur- 
vey 55  1 1 . 

On  real  property,  action  for  may  be  com- 
menced   within    three    years,  but   if   in 
underground    mine  within   three   years 
after  discovery  of  facts  4967. 
Trial,  by  court  522(5. 

By  court  in  civil  action,  schedule  of  sections 
'522(1. 

By  jury,  demand  for,  entry  to  be  made  in 
'justice's  court  docket  5800. 

By  jury,  in  civil  action  in  justice's  court, 
how  waived  5766. 

By  jury,  secured  but  may  be  waived  in  civil 
cases  (Nev.  Const,  art.  i,  sec.  3)  2:52. 

Continuance  of  avoided  by  admission  that 
evidence  alleged  in  affidavit  would  be 
given  5202. 

Continuance  of  for  absence  of  evidence 
5202. 

De  novp  in  justice's  court  when  appeal 
from  justice's  court  on  questions  of  fact 
or  both  law  and  fact  5790. 

Either  party  entitled  to  jury  to  try  issue  of 
fact  in  action  for  divorce  5845. 

Exclusion  of  witnesses  during  544!). 

In  civil  cases  three-fourths  of  jury  may  ren- 
der verdict,  but  legislature  by  two-thirds 
vote  may  require  unanimous  (Nev.  Const. 
art.  i,  sec.  3)  232. 

In  district  court  on  appeal,  either  party 
may  have  benefit  of  objection  made  in 
justice's  court  5791. 

In  district  court,  to  be  had  early  if  demur- 
rer not  interposed  in  good  faith,  rule  viii, 
1427. 

In  garnishment  proceedings  5179. 

In  justice's  court  in  civil  action,  when  may 
be  postponed  of  court's  own  motion  5757. 

In  justice's  court,  judgment  to  be  entered 
at  close  of  if  no  jury  5774. 

In  justice's  court  may  proceed  if  either 
party  fails  to  appear  5767. 

In  justice's  court,  schedule  of  sections  5754. 

In  juvenile  court,  jury  of  6  or  12  may  be 
demanded  or  ordered  729. 

In  quo  warrarito  same  in  supreme  court  as 
in  district  court  5681. 

May  be  had  again  if  verdict  not  given  5216. 

New,  when  district  court  may  order  on  ap- 
peal from  justice's  court  5794. 

Notice  of  time  of  to  be  issued  by  justice's 
court  on  transfer  of  place  of  trial  in  civil 
action  5719. 

Of  action  of  railroad  company  against  rail- 
road commission  to  set  aside  rate  4564. 


Civil  practice 


INDEX 


2292 


Trial— continued. 

Of  civil  action  in  justice's  court,  change  of 
place  of  5716. 

Of  civil  action  in  justice's  court,  time  for 
to  be  fixed  by  justice  5733. 

Of  issue  of  fact  in  justice's  court,  by  jury 
unless  waived  5765. 

On  appeal  from  justice's  court,  powers  of 
district  court,  dismissal,  damages,  costs, 
judgment  5794. 

Parties  expected  to  be  ready  for  when  case 
is  called  in  district  court,  may  stipulate, 
for  day  with  approval  of  court,  rule  iv, 
p.  1426. 

Place  of  in  justice's  court,  schedule  of  sec- 
tions 5715. 

Place  of,  time  for  appealing  from  order 
changing  or  refusing  to  change  5329. 

Postponement  of  by  consent  in  civil  action 
in  justice's  court  5758. 

Postponement  of  on  application  of  party  in 
civil  action  in  justice's  court,  grounds, 
procedure  5759. 

Proceedings  after  order  changing  place  of 
in  civil  action  in  justice's  court  5719. 

Provisions  relating  to  change  of  place  of, 
applicable  to  cases  appealed  to  district 
court  5794. 

Speedy,  may  be  demanded  in  quo  warranto 
5680. 

Upon  reference  in  district  court,  what  ref- 
eree to  state  in  report,  trial  not  concluded 
until  after  service  of  notice,  rule  xxi,  p. 
1428. 

When  any  district  judge  has  entered  upon 
trial  or  hearing  or  made  ruling  no  other 
judge  to  act  unless  upon  written  request, 
rule  xli,  p.  1431. 

When  may  be  begun  anew  if  juror  sick  5209. 

When  must  be  commenced  and  how  con- 
tinued in  civil  action  in  justice's  court 
5756. 

When  postponed  for  reason  of  nonreturn 

of  deposition  taken  out  of  state  5462. 
Trial  by  jury  5204. 

Charge  to  be  in  writing  5212. 

In  civil  action,  schedule  of  selections  5204. 

May  be  waived  when  and  how  5226. 

Order   of,  evidence,  defense,  instructions, 

argument  5210. 

Tribunal,  inferior, in  cases  appealed  from,  dis- 
trict court  has  final  appellate  jurisdiction 
(Nev.  Const,  art.  vi,  sec.  6)  321. 

When  writ  may  be  directed  to  and  how 

returnable  5686. 

Trustee,  appointed  on  dissolution  of  corpora- 
tion in  quo  warranto,  suit  may  be  brought 
on  bond  5673. 

Appointed  on  dissolution  of  corporation  in 
quo  warranto  to  sue  for  debts,  responsi- 
bility 5677. 

Bond  of,  appointed  on  dissolution  of  cor- 
poration in  quo  warranto  5672. 

Costs  in  action  by  or  against  and  how 
chargeable  5385. 

Court  may  appoint  when  corporation  dis- 
solved in  quo  warranto,  compensation 
5671. 

District  judge  as,  of  federal  townsite  may 
act  after  term  1988. 


Trustee— continued . 
May  be  ordered  to  deposit  money  or  thing 

in  court  5192. 

Of  bankrupt,  may  prosecute  or  defend  553. 
Of  corporation,  when   has  the  right  to  be 

preferred  in  appointment  of  receiver  1195. 
Of  express  trust,  includes  person  in  whose 

name   contract   is    made    for  benefit  of 

another  4987. 
Of  minor  or  insane  person,  may  apply  for 

lot  in  federal  townsite  1983. 
Of  minor  or  insane  person,  when  deed  to 

be  made  to  for  lot  in  federal  townsite 

1986. 
Of  person  authorized  by  statute,  may  sue 

without  joining  beneficiary  4987. 
When,  may  have  execution  stayed  on  ap- 
peal without  giving  stay  bond  5352. 
Trustees,  and  officers  of  corporation,  district 

judge  may  act  in  relation  to  removal  and 

election  of  1179-1182. 
To  pay  preferred  claim  for  wages  5493. 
To  prosecute  or  defend  actions  on  disin- 

corporation  of  city  or  town  incorporated 

under  the  laws  of  the  Territory  of  Nevada 

971. 
Truth  may  be  given  in  evidence  in  actions 

for  libel  and  slander  5074. 
Tunnel  companies,  rates  may  be  fixed  by  the 
legislature  (Nev.  Const,  art.  iv,    sec.    20) 
278. 

Typewriting,  included  in  writing  5475. 
Typewriting  or  printing  of  statement  on  ap- 
peal, costs  not  allowed  for  surplusage  5333. 
Typewriting,  testimony  in  statement  on  ap- 
peal, costs  not  allowed   in    certain   cases 
5333. 
Typewritten    or   printed   transcript   may  be 

furnished  on  appeal  5357. 
Undertaking,  action  upon,  justice's  court  has 

jurisdiction  if  amount  does  not  exceed 

$300  5714. 
Additional  on  attachment  in  district  court 

may  be  required  or  attachment  dissolved, 

rule  xx,  p.  1428. 

And  notice  on  appeal,  order  of  service  im- 
material 5330. 
Before  arrest  in  civil  action,  requirements, 

justification,  sureties  5091. 
Bond  of  surety  company  or  deposit  suf- 
ficient 5486. 
By  defendant  on  arrest  in  civil  action,  form 

and  requirements  5096. 
For  arrest  of  defendant  in  civil  action  in 

justice's  court  5745. 
For  obedience  to  order  regarding  children 

in  action  for  divorce  5840. 
For  payment  of  judgment  when  adjourn- 
ment for  more  than  ten  days  in  justice's 

court  5760. 
For  release  of  attachment  in  justice's  court 

5751. 
For  release  of  attachment,  justification  of 

sureties,  notice  5150,  5163,  5164. 
For  release  of  person  arrested  in  contempt 

proceedings  5400. 
For  stay  of  execution  pending  motion  for 

new  trial,  in  district  court,  rule  xxvi,  p. 

1429. 
For  writ  of  attachment,  sureties,  amount 

5149. 


2293 


INDEX 


Civil  practice 


Undertaking— continued. 

In  action  in  quo  warranto  for  usurpation 
of  public  office  5660. 

In  justice's  court,  deposit  may  be  made  in 
lieu  of  in  all  cases  5816. 

Justification  of  sureties  generally  5485. 

May  be  prosecuted  if  defendant  in  con- 
tempt proceedings  fails  to  appear  on 
return  day,  measure  of  damages  5406. 

New,  on  arrest  in  civil  action  5102. 

Not  required  of  state,  municipality  or  pub- 
lic officer  as  party  to  action  5-1  s< . 

Number  of  sureties  generally  and  what  affi- 
davit required  5483. 

Official  or  statutory,  how  sureties  may  be 
released,  liability  2880-2883. 

On  appeal,  affidavit  of  sureties,  waiver,  de- 
posit in  lieu  of,  exception  to  sureties  5354. 

On  appeal,  entry  of  in  justice's  court  docket 
5800. 

On  appeal  from  judgment  for  money  or 
order  dissolving  attachment  5347. 

On  appeal  from  judgment  or  order  grant- 
ing or  denying  new  trial,  only  one  under- 
taking required  5348. 

( )n  appeal  from  justice's  court,  require- 
ments with  or  without  stay,  deposit,  jus- 
tification of  sureties  5792.  . 

On  appeal  from  order  or  judgment  direct- 
ing delivery  of  personal  property  5349. 

On  appeal  in  action  for  forcible  entry  or 
unlawful  detainer  5601. 

On  appeal,  insufficient  not  ground  for  dis- 
missal if  proper  one  furnished  before 
hearing  motion  5358. 

On  appeal,  may  be  waived  5330. 

On  appeal,  to  be  filed  or  deposit  made  with 
clerk  5330. 

On  appeal,  when  may  be  in  one  or  several 
instruments  5353. 

On  appointment  of  elisor  5495. 

On  arrest  in  civil  action,  may  be  substituted 
for  deposit  5108. 

On  arrest  in  civil  action,  notice  of,  justifica- 
tion of  bail  5102. 

On  attachment,  additional  may  be  required 
5149. 

On  attachment  in  justice's  court,  exception 
to  sureties,  justification,  waiver  5750. 

On  attachment,  to  be  delivered  to  defend- 
ant if  he  recovers  judgment  5162. 

On  claim  and  delivery  of  personal  property 
5127. 

On  injunction,  exception  to  sureties  5140. 

On  redelivery  to  defendant  in  action  for 
claim  and  delivery  5329. 

On  wrrit  of  attachment,  amendment  of  5167. 

Or  deposit  for  payment  of  costs,  when 
required  from  nonresident  or  foreign  cor- 
poration, stay  of  proceedings  5389. 

Or  deposit  on  appeal,  required 5346. 

Required  to  stay  execution  on  appeal  from 
judgment  or  order  directing  sale  or  deliv- 
ery of  property  5351. 

Required  upon  injunction,  exceptions  5140. 

Surety  company  may  act  as  sole  surety  695. 

To  be  given  by  guardian  on  receipt  of  share 
of  infant  5571. 

To  be  given  by  guardian  on  receipt  of  share 
of  insane  person  in  action  for  partition 
5572. 


Undertaking— continued. 
To  stay  execution  of  judgment   or   order 

pending  appeal  5351. 
When  plaintiff  occupies  premises  pending 

proceedings  in  eminent  domain  5615. 
United  States,  records  of,  how  may  be  proved 

5408,  5409. 

Revised  Statutes  of,  relating  to  authentica- 
tion of  records  526-529. 
When  not  bound  by  judgment  in  action  to 
determine  adverse  claim  to  real  property 
5524. 

"  United  States,"  may  include  District  of  Colum- 
bia, territories  and  insular  possessions  5475. 
United  States  consul,  minister  or  embassa- 
dor,  to  certify  to  judicial  record  of  foreign 
country  51 1  I . 

United  States  district  attorney,  when  to  bring 
action  for  unlawful  enclosure  of  public 
lands  3174. 

United  States  land  office,  contest  to   deter- 
mine mineral  or  agricultural  character  of 
land  2397. 
United  States  land  patent,  record  of  copy  of 

when  admissible  in  evidence  5415. 
United  States    laws,  published    by  Little   & 

Brown,  to  be  evidence  529. 
United  States  public  uses,  eminent   domain 

may  be  exercised  for  5606. 
United  States  statutes,  relating  to  naturaliza- 
tion 2506-2544. 

Unknown  defendants,  how  to  be  described  in 
complaint  to  determine   adverse  claim  to 
real  property  5522. 
Unknown  heirs,  may  be  made  parties  in  action 

regarding  real  property  5009,  5010. 
Unknown  heirs,  service  of  summons  by  pub- 
lication 5028. 

Unknown  owners,  disposition  of  proceeds  be- 
longing to  in  actions  for  partition  5566, 5567. 
Unknown  parties,  may  be  served  with  sum- 
mons by  publication  5030. 
Unlawful  detainer,  action  for,  appeal,  under- 
taking, stay  5601. 
Action  for,  continuance,  when  may  be  had 

and  for  how  long,  bond  5597. 
Action  for,  court  not  to  quash  proceedings 

for  want  of  form  5602. 
Action  for,  not  to  abate  by  omission   of- 

party  5592. 

Action  for,  what  proof  required  of  respect- 
ive parties,  what  possession  a  bar  5595. 
Complaint  and  summons,  what  to  contain, 

service  5593. 
Defined  5588. 
District  court  has  jurisdiction  (Nev.  Const. 

art.  vi,sec.6)  321. 
Evidence  and  amendments  to  complaint  in 

action  for,  continuance  5596. 
Failure  to  serve  notice  on  subtenants  enter- 
ing after  action  no  defense  5592. 
Issue  of  fact  to  be  tried  by  jury  unless 

waived  5594. 

Judgment  in  action  for,  restitution,  rent, 
treble  damages,  stay  of  execution,  when 
tenant  may  remain  in  possession  on  pay- 
ment of  judgment  5599. 
Justice  of  the  peace  has  jurisdiction  in  action 
for  possession  where  relation  of  landlord 
and  tenant  exists  or  possession  unlaw- 
fully withheld  5604. 


Civil  practice 


INDEX 


2294 


Unlawful  detainer — continued. 

No  continuance  in  action  for  when  admis- 
sion that  evidence  would  be  given  5598. 
Nonsuit  not  to  be  granted  for  nonjoinder 

of  party  in  action  for  5592. 
Notice  to  quit,  how  served  5591. 
Only  tenant  and  subtenant  need  be  made 
defendants  in  action  for,  exception  5592. 
Other  provisions  relative  to  civil  actions, 
appeals,  and  new  trials  applicable  5603. 
Service  of  notice,  tenant  or  mortgagee  may 

perform  condition  5588. 
Tenant  has  remedies  against  subtenant5590. 
Tenant  of  agricultural  lands  may  hold  over 

if  not  notified  5589. 

Unlawful  entry  and  detainer,  evidence  regard- 
ing may  be  given  in  justice's  court  5721. 
Uses,  for  which  eminent  domain  mav  be  used 

5606. 
Vacancy  in  office,  of  judge  or  failure  of  term 

not  to  affect  action  4884. 
Vacancy  in  office,  to  be  filled  pending  appeal 
from  judgment  removing  officer  for  mal- 
feasance 2854. 

Vacating    roads,  streets,  public    squares    or 
plats,   local    or   special    laws    are    invalid 
(Ney.  Const,  art.  iv,  sec.  20)  278. 
Vacation,  of  judgment,  order  or  proceeding 
not  to  be  made  in  district  court  unless  upon 
notice  within  six  months,  rule  xlv,  p.  1431. 
Validation,  of  restored  records  5639. 
Value,  of  land  condemned  for  mines,  basis 

for  determining  2462. 

Variance,  amendment  maybe  made  in  plead- 
ing to  meet  5080. 

Court   may  direct   finding  in  accordance 
with  evidence,  or  order  amendment  5081. 
Failure  of  proof  distinguished  from  5082. 
Mistakes  in  pleadings  and  amendments  5080. 
Not  prejudicial  deemed  immaterial  5080. 
Venire,  alias,  for  jurors  in  civil  action  in  jus- 
tice's court  5768. 
Justice  of  the  peace  to  issue  in  action  for 

abuse  of  apprentices  491. 
Venue,  action  brought  in  wrong  in  justice's 

court,  when  may  be  dismissed  5772. 
Appeal    from    ord^er    granting   or  denying 
change,  notice  and  time  for  hearing,  D.  C. 
rule  xviii,  p.  1425. 
Grounds  for  change  of  5015. 
In  action  by  majority  owners  against  minor- 
ity owners  for  expenditures  on  mine  2480. 
In  action  for  divorce  5838. 
In  action  in  justice's  court  may  be  changed 

5716,  5718. 

In  action  regarding  real  property  5011. 
Injustices'  courts,  schedule  of  sections  5715. 
Local  or  special  laws  for  changing  are  invalid 

(Nev.  Const,  art.  iv,  sec.  20)  278. 
Of  action  in  justice's  court,  when  cannot 
be  changed  more  than  once  on  motion 
of  same  party  5717. 
Of  civil  actions  5011. 
Of  civil  actions  in  justices'  courts  5715. 
Overruling    of    objection    that    action    in 
justice's  court  is  in  wrong,  cause  of  re- 
versal on  appeal  only  5772. 
Provisions  relating  to  change  of,  applicable 
to  trials  on  appeal  in  district  court  5794. 
Time  for  appealing  from  order  changing  or 
refusing  to  change  5329. 


Verdict,  according  to  fact  if  plaintiff's  right 
terminates  during  pendency  of  action  for 
recovery  of  real  property  5516. 

Against  garnishee  5177. 

Against  evidence,  is  ground  for  new  trial 
5321. 

And  judgment  in  action  for  abuse  of  ap- 
prentice 492. 

Deemed  excepted  to  5318. 

Entry  of  general  and  special  5225. 

General  and  special  defined  5221. 

How  declared  5218. 

In  action  for  recovery  of  money  or  on 
counter-claim  5223. 

In  action  to  recover  specific  property  5224. 

In  civil  action,  schedule  of  sections  o221. 

In  district  court  may  be  certified  to  supreme 
court  in  quo  warranto  5681. 

In  justice's  court,  judgment  to  be  entered 
at  once  in  conformity  to  5773. 

In  mandamus  proceedings,  argument,  no- 
tice 5703. 

Judgment  may  be  entered  on  after  death 
of  party  5272. 

Mav  be  vacated  and  new  trial  granted,  when 
5320. 

Not  to  be  entered  until  expense  of  board 
and  lodging  jurors  paid  by  prevailing 
party  20: '»-">. 

Not  to  be  entered  until  expense  of  jury  is 
paid  4942. 

Of  jury  in  mandamus  proceedings,  certifi- 
cation to  court  5700. 

Of  jury  may  be  received  on  nonjudicial  day 
4870. 

On  adverse  claim  to  mine  when  either  party 
establishes  right  2384. 

Or  disagreement  of  jury  to  be  entered  in 
justice's  court  docket' 5800. 

Second  in  favor  of  same  party  precludes 
second  new  trial  in  mandamus  proceed- 
ings 5702. 

Special  controls  general  5222. 

Subject  to  lien  for  attorneys'  fees  5370. 

To  be  corrected  by  clerk,  jury  to  assent  5220. 

When  general  or  special  may  be  rendered, 
entry  in  minutes  5222. 

When  insufficient  may  be  corrected  by  jury 
5219. 

When  par-ties  in  action  on  joint  contract 
are  not  summoned  until  after  judgment 
5248. 

Verification,  in  civil  action,  schedule  of  sec- 
tions relating  to  5060. 

Necessary,  or  genuineness  of  instrument 
copied  into  complaint  is  deemed  admitted 

Of  answer  in  action  for  delinquent  taxes 
3664. 

Of  answer  to  writ  of  mandamus  565H). 

Of  complaint  for  removal  of  officer  for  mal- 
feasance 2852. 

Of  complaint  in  action  to  determine  adverse 
claim  to  real  property  5522. 

Of  complaint  in  proceedings  under  eminent 
domain  5511. 

Of  complaint,  or  specification  of  grounds  on 
contest  for  state  office  1823. 

Of  pleadings  by  corporation  as  a  party  5064. 

Of  pleadings  in  action  for  forcible  entry  and 
unlawful  detainer  5600. 


2295 


INDEX 


Civil  practice 


Verification— continued. 
Of  pleadings,  when  not  required  in  action 

by  state  5064. 

Of  proposed  amendment  to  pleading  in  dis- 
trict court,  when  required,  rule  xvii,  p. 

L428. 

To  petition  for  changing  name  of  person  5835. 
To  pleadings  in  civil  action  5060,  5064. 
When  may  be  omitted  5061. 
Verified  answer  or  oath,  showing  grounds  for 
transfer  of  case  from  justice's  court  to  dis- 
trict court  5721. 

Verified  denial  in  answer  required  injustice's 
court  or   written  instrument   will    be  ad- 
mitted 5770. 
Vice-president  of  corporation,  deposition  of 

may  be  taken  5454. 

View  of  property  or  premises  by  jury  5iM  1 . 
Viewers,  to  be  employed  in    proceeding  for 

erection  of  partition  fences  3604-3608. 
Votes,  illegal,  what   sufficient   allegation  in 
regard  to  in  complaint  for  contesting  county 
office,  when  list  to  be  given  opposite  party 
1806. 
Wages,  are  preferred  claims  against  estates 

of  deceased  persons  6145. 
As  preferred  claim,  notice  and  action  on 

dispute  of  54'.  •  I. 

Employee  of  insolvent  corporation  has  pre- 
ferred lien  1187. 
Liable  for  poll  tax  3718. 
Preferred  claim  against  attachment  54!>4. 
Preferred  claim,  when  549:5,  54i>4. 
Procedure  for  recovery,  as  preferred  claim 

against  execution  of  attachment  54'. »4. 
Waiver,  filing  supplemental  complaint  does 

not  waive  former  pleadings  5n7«i. 
None  by  filing  demurrer,  answer  or  reply 

at  same  time  5083. 
Objections    not    taken    by    demurrer    or 

answer  waived  except  to  jurisdiction  or 

failure  of  complaint  to    state   sufficient 

facts  5045. 
Of  certain  objections  not  taken    by  reply 

5056. 

Of  findings,  how  may  be  made  5228. 
Of  jury  in  action  for  unlawful  detainer  5594. 
Of  jury  trial  5226. 
Of  lien,  by  failure  to  exhibit  in   action  to 

enforce* 2227. 
Of  objection  that  action  in  justice's  court 

is  in  wrong  township  5772. 
Of  objection  to  sufficiency  of  sureties  in 

action  for  claim  and  delivery  5128. 
Of  objection  to  sureties  on  undertaking  for 

attachment  in  justice's  court  5750. 
Of  objection  to  sureties  on  undertaking  for 

injunction  by  failure  to  except  5140. 
Of  right  to  make  statement  on  appeal  or  to 

amend  or  object  to  amendments  5335. 
Of  right  to  move  for  new  trial  by  appealing 

5328. 

Of  summons  by  appearance,  answer  or  de- 
murrer 5016,  5034. 
Of  summons  in  action  to  restore  lost  records 

5634. 

Of  trial  by  jury  in  justice's  court  5766. 
Of  undertaking  on  appeal  5330,  5354. 
War,  in  case  of,  property  may  be  taken  for 
public  use,  compensation  to  be  made  after- 
ward (Nev.  Const,  art.  i,  sec.  8)  237. 


Ward,  action  for  seduction  of  or  injury  to 
4995,  4996. 

Action  to  be  commenced  on  guardian's  bond 
within  three  years  6185. 

Guardian  may  join  in  partition  of  real  estate 

6166. 

Warrant,  against  county  not  presented  for 
payment  within  six  months  after  notice 
that  it  is  payable,  funds  may  be  paid  for 
other  purposes,  but  demand  becomes  due 
again  on  re-presentation  1563. 

Duty  of  sheriff  to  execute  1648,  1650. 

For  arrest  of  person  charged  with  contempt 
by  justice's  court  5797. 

For  search  and  seizure  shall  not  issue  but 
on  probable  cause  supported  by  oath  and 
particulars  (Nev.  Const,  art.  i,  sec.  18)247. 

In  contempt  proceedings,  may  have  indorse- 
ment for  bail  5398. 

May  issue  to  bring  witness,  when  5440. 

May  issue  to  sheriff  to  bring  defaulting  wit- 
ness 5440. 

Of  arrest  in  contempt  proceedings,  return 
of  5401. 

Of  attachmentin contempt  proceedings,  how 
defendant  to  be  held  in  custody  5397, 5407. 

Of  commitment  for  disobedience  of  witness 
must  specify  cause  5441. 

Of  commitment  in  contempt  proceedings 
5397. 

Of  commitment  in  contempt  proceedings, 

to  specify  act  to  be  performed  5404. 
Waste,  during  period  allowed  for  redemption 
of  real  property  sold  under  execution, 
defined  5304. 

<  >n  real  property,  action  for  may  be  com^ 

menced  within  3  years  4!M>7. 
WTater,  on  application  for  injunction  opposing 

party  may  be  required  to  give  bond  for  pay- 
ment of  damages  5145. 
Water  company,  may  condemn  for  right  of 

way  2 IMS. 

Water  rights,  action  to  restore  lost  will  or 
deed  5633. 

Eminent  domain  may  be  exercised  for  5606, 
4770. 

Lost  record  may  be  rerecorded  and  have 
effect  5630. 

Record  regarding  lost  and  destroyed  vali- 
dated 5639. 

Weights  and  measures,  action  by  party  injured 
under  act  fixing  standard  4812. 

Right  of  action  for  damages  under  act  relat- 
ing to,  prima  facie  evidence  of  represen- 
tation by  vendor  4812. 
Wharves,  eminent  domain  may  be  exercised 

for  5606. 

Widow,  when  homestead  and  exempt  prop- 
erty to  be  set  apart  for  use  of  2165,  3621. 
Widower,  when  entitled  to  damages  for  death 

of  wife  by  negligence  of  common  carrier, 

mill  or  mine  operator  5650. 
Wife,  abandoning  husband,  when  not  entitled 
to  support  2177. 

And  husband,  age  and  requirements  on 
adoption  of  children  5825. 

As  sole  trader,  rights  and  liabilities  of  2192. 

District  court  may  make  order  allowing  her 
to  carry  on  business  in  her  own  name, 
procedure  2191. 


Civil  practice 


INDEX 


2296 


Wife— continued. 

Earnings  of  not  liable  for  debts  of  husband 
2167. 

Homestead  not  to  be  alienated  without  con- 
sent of  (Nev.  Const,  art.  iv,  sec.  30)  288. 

If  insane,  husband  may  obtain  order  of 
court  to  convey  homestead,  disposition 
of  proceeds  2146,  2147. 

Insane,  husband  as  witness,  when  consent 
unnecessary  5422. 

Living  separate  and  apart  from  husband 
may  sue  and  be  sued  alone  2179. 

May  defend  action  with  husband  or  sepa- 
rately 4990. 

May  have  order  for  payment  of  costs  and 
alimony  pendente  lite  in  action  for  divorce 
5843. 

Necessaries  furnished,  when  reasonable 
value  may  be  recovered  from  husband 
2176. 

Not  lawfully  separated  from  husband  can- 
not adopt  child  without  consent  of  hus- 
band 5827. 

Obtaining  decree  of  divorce,  what  disposi- 
tion of  property  to  be  made  5843. 

Proceeds  from  sale  of  homestead  under 
execution  to  be  paid  out  on  joint  receipt 
of  husband  and  wife  2144. 

Separate  property  of,  failure  to  file  inven- 
tory is  prima  facie  evidence  that  it  is  not 
2159. 

Separate  property  of,  not  liable  for  debts 
of  husband  2171. 

When  cannot  be  witness  against  husband 
5424. 

When  deserted  by  husband  may  prosecute 
or  defend  action  in  his  name  4991. 

When  entitled  to  damages  for  death  of 
husband  by  wrongful  act  5648. 

When  may  apply  for  lot  in  federal  town- 
site  1983. 

When  required  to  support  husband  2178. 
Wilful  desertion,  for  one  year,  is  ground  for 

divorce  5838. 

Will,  certified  copy  of  to  be  admitted  in  evi- 
dence 5877.     See  Wills. 

Contest  of  probate  of,  issue  of  fact,  how 
tried  5874. 

Invalid,  local  or  special  law  giving  effect  to, 
invalid  (Nev.  Const,  art.  iv,  sec.  20,  as 
amended  1889)  278. 

Proof  of  to  have  court  seal  affixed  4879. 
"Will,"  includes  codicil  5475,  6222. 
Wills,  schedule  of  sections  6202. 
Withdrawal  of  papers,  in  district  court  not 

to  be  made  without  order  of  judge,  original 

evidence  not  to  be  taken,  rule  xix,  p.  1428. 
Witness,  application,  affidavit  and  interroga- 
tories for  taking    deposition   in  district 
court,  rule  xv,  p.  1428. 

Application  to  take  testimony  of  for  per- 
petuation 5465. 

Attorney,  client  or  attorney's  secretary, 
when  not  to  be  5425. 

Clergyman  not  to  testify  regarding  confes- 
sion without  consent  5426. 

Commission  to  authorize  administration  of 
oath  when  deposition  taken  out  of  state 
5461. 

Consent  of  husband  or  wife  to  allow  testi- 
mony of  other  5422,  7452. 


Witness— continued . 

Consent  to  taking  of  testimony  in  civil 
action  in  justice's  court  on  postponement 
5759. 

Costs  of  not  more  than  two  to  be  allowed 
for  same  facts  2000. 

Deposition  of  taken  for  perpetuation  of  tes- 
timony may  be  read  with  same  effect  as 
oral  testimony,  objection  to  witness  or 
question  5471. 

Deposition  of,  may  be  taken  in  state  in 
certain  cases  5454. 

Deposition  taken  on  postponement  of  civil 
action  in  justice's  court  may  be  read 
5759. 

Duty  of  to  testify,  produce  papers  and  re- 
main pending  hearing  5436. 

Failing  to  appear  before  public  service  com- 
mission guilty  of  contempt  4532. 

Failure  of  party  to  obey  and  answer  or  to 
subscribe  affidavit  of  deposition,  com- 
plaint or  answer  may  be  stricken  out 
5438. 

Fees  of  in  action  for  abuse  of  apprentice 
494. 

Giving  false  answer  or  evading  answer  be- 
fore public  service  commission,  penalty 
4536. 

How  attendance  may  be  enforced  to  take 
testimony  5432. 

How  subpena  issued  for  5432. 

Husband  and  wife,  prosecution  for  crime 
committed  by  one  against  the  other, 
either  may  testify  5424. 

Husband  and  wife,  when  one  cannot  be 
against  the  other  5424. 

If  justice  of  the  peace  material,  when  de- 
fendant arrested  in  civil  action  to  be  taken 
before  another  justice  5746. 

In  case  of  death  or  certain  absence  of,  dep- 
osition may  be  read  5456. 

In  civil  action  not  required  to  attend  unless 
fees  paid,  if  demanded  2000. 

Interrogatories,  direct  and  cross,  for  taking 
deposition  out  of  state  5460. 

Judge  or  jury  may  be  called  5429. 

Liable  in  damages  for  failure  to  testify 
before  officer  taking  acknowledgment  of 
conveyance  1034. 

Manner  of  taking  deposition  for  perpetua- 
tion of  testimony  5468. 

May  be  compelled  by  attachment  to  attend 
in  contest  for  county  or  township  office 
1809. 

May  be  compelled  to  produce  books,  papers 
or  documents  5416. 

May  be  examined  on  hearing  of  objections 
to  appointment  of  referee  5234. 

May  be  punished  for  disobedience  to  sub- 
pena, refusal  to  be  sworn  or  answer,  or 
to  subscribe  affidavit  or  deposition  5438. 

May  be  required  to  answer  before  officer 
taking  acknowledgment  or  committed  to 
jail  1034. 

May  be  required  to  testify  to  execution  of 
conveyance  1033,  1034. 

May  demand  fees  when  served  with  sub- 
pena 5433. 

May  demand  payment  of  fees  5431. 

May  take  affirmation  instead  of  oath,  form 
5448. 


2297 


INDEX 


Civil  practice 


Witness — continued. 

Mother  may  be  in  action  to  determine 
paternity  of  illegitimate  child  765. 

Must  answer  as  to  previous  conviction  of 
felony  5437. 

Need  not  testify  unless  fees  are  paid  if 
demanded  2012. 

Not  Christian,  how  sworn  5447. 

Not  excused  from  testifying  or  producing 
papers  before  public  service  commission 
on  ground  would  criminate  4536. 

Not  required  to  give  answer  which  would 
subject  him  to  punishment  for  felony 
except  as  to  conviction  51; !7. 

Not  subject  to  penalty  or  forfeiture  for  tes- 
tifying before  public  service  commission 
except  for  perjury  4."v',t;. 

Not  to  testify  in  certain  cases  when  oppo- 
site party  is  representative  of  deceased 
person  5419,  542:;. 

Not  to  testify  when  other  party  to  transac- 
tion is  dead  5419,  542:',. 

Out  of  state,  when  deposition  of  must  be 
shown  to  be  necessary  to  obtain  post- 
ponement of  trial,  diligence  541)2. 

Penalty  for  disobedience,  forfeiture  and 
damages  5439. 

Person  present  compelled  to  testify  5435. 

Physician  as  5427. 

Refusing  to  be  sworn  or  answer  punishable 
for  contempt  in  justice's  court  5795. 

Refusing  to  exhibit  book  or  paper  before 
public  service  commission,  penalty  4536. 

Refusal  of  party  to  testify  or  give  deposi- 
tion, pleadings  may  be  stricken  out  or 
judgment  taken,  contempt  5421 . 

Refusal  of  to  be  sworn  or  answer  is  con- 

trn.pt  :>::<»  1. 

Religious  belief  or  conviction  of  felony  does 

not   disqualify,  but   conviction  may  be 

shown  to  affect  credibility  5420. 
Shall    not    be    rendered    incompetent    on 

account  of  religious  belief  (Nev.  Const. 

art.  i,  sec.  4)  233. 
Sworn,  name  of  to  be  entered  in  justice's 

court  docket  5800. 
Testifying  under  act  to  regulate  railroad 

and  other  rates  not  exempt  from  prosecu- 
tion for  perjury  4565. 
Testimony  of  for  perpetuation  to  be  taken 

before  judge  5467. 
Testimony  of  may  be  taken  and  perpetuated 

5464-5473. 
Testimony  of  may  be  taken  before  justice 

of  the  peace  for  postponement  of  civil 

action  5759. 
Testimony  taken  by  deposition  out  of  state 

may  be  read  by  either  party  5463. 
Testimony   taken    for  perpetuation,  when 

may  be  used  on  trial,  certified  copy,  form 

of  interrogatories  5470. 
To  conveyance,  subpena  for  1033, 1034. 
To  signature  or  subscription  by  mark  and 

two  required  if  for  acknowledgment  or 

sworn  statement  5475. 
To  subscribe  to  deposition  5456. 
Want  of  material  ground  for  continuance 

in  action  for  forcible  entry  or  unlawful 

detainer  5597. 
Warrant  may  issue  to  bring,  when  5440. 


Witness — continued . 
Warrant  of  commitment  must  specify  cause 

Warrant  to  arrest  for  disobedience  to  be 
directed  to  and  executed  by  sheriff  5441. 

When  arrest  void  in  civil  action  and  arrest- 
ing officer  liable  5446.- 

When  attorney  not  to  be  in  district  court, 
rule  xiii,  p.  1428. 

When  concealed,  how  may  be  served  with 
subpena  5434. 

When  exempt  from  arrest  in  civil  action 
5445. 

When  interpreter  may  be  summoned  and 
sworn,  contempt  5430. 

When  may  be  required  to  attend  and  bring 
books,  distance  from  place  of  trial,  mile- 
age 5431. 

When  not  immune  from  testifying  under  act 
to  regulate  railroad  and  other  rates  4565. 

When  prisoner,  how  brought,  deposition  of 
5442,  5443,5444. 

When  public  officer  not  to  be  examined  as 
5428. 

When  testimony  of  officially  reported  may 
be  used  on  subsequent  trial  5472. 

When  testimony  of  may  be  taken  by  depo- 
sition out  of  state  5458. 

Who  may  be,  competency,  facts  which  may 

be  shown  to  affect  credibility  5419. 
Witnesses,  children,  when  cannot  be  5423. 

Consent  that  testimony  of  be  taken  may  be 
required  on  continuance  5203. 

Depositions  of,  how  taken  on  contest  for 
members  of  the  legislature  1818, 1819. 

District  court  may  compel  attendance  4849. 

Exclusion  of  during  trial  5449. 

Fees  of  in  contested  election  for  county  or 
township  office  same  as  in  district  court 
1811. 

Fees  of  in  proceeding  relating  to  appren- 
tices 494. 

In  civil  actions,  schedule  of  sections  5419. 

In  application  for  naturalization,  to  be  ex- 
amined in  open  court  2522. 

Insane  persons  cannot  be  5423. 

May  be  compelled  to  appear  and  testify  in 
action  for  damages  under  act  relating  to 
railroads  3581. 

May  be  examined  in  contempt  proceedings 
5402. 

May  be  required  to  appear  before  public 
service  commission  4531,  4532. 

May  be  subpenaed  by  arbitrators  on  volun- 
tary submission  of  dispute  between  em- 
ployer and  employee  1932. 

May  be  summoned  to  testify  against  gar- 
nishee  5177. 

On  trial  of  challenges  to  jurors  5207. 

Party  or  assignor  cannot  testify  if  other 
party  to  transaction  is  dead  5419,  5423. 

Persons  excluded  as  5423. 

Required  to  appear  and  testify  in  proceed- 
ings supplementary  to  execution  5311. 

Subscribing  to  will  to  be  examined  5874. 

Testimony  and  depositions  of,  in  divorce 
proceedings  same  as  in  actions  at  law  5842. 

To  execution  of  conveyances  1027,  1028. 

When  oath  to  be  administered  to  by  arbi- 
trators 5258. 


Civil  practice 


INDEX 


2298 


Witness  fees,  attorney  in  case  not  entitled  to 

2038. 
In  civil  action  to  be  taxed  as  costs  upon 

affidavit  2012. 
In  civil  cases  to  be  taxed  as  costs,  affidavit 

2000. 

In  counties  polling  over  450  votes  2012. 
May  be  recovered  as  costs    although    not 

actually  paid  5387. 

Not  to  be  allowed  for  more  than  two  wit- 
nesses to  same  fact  2012. 
When  not  over  450  votes  in  county  2000. 
When  paid  garnishee  5189. 
Woodchopper,  to  bring  action  on  lien  within 

60  days  after  taking  possession  2230. 
Words  and  terms,  defined  5475. 
WTorkman,  damages  for  death  or  injury  may 

be  recovered  in  action  at  law  notwith- 
standing employer's  liability  act  1925. 
Has  right  of  action  for  damages  if  caused 

to  change  place  of  employment  by  mis- 
representation 1938. 
May  recover  compensation  for  injury  under 

employer's  liability  act  1915,  1924. 
Writ,  disobedience  to  is  contempt  5394. 
How  seal  to  be  affixed  5481. 
If    application    for   made   to    one  district 

judge  not  to  be  made  to  another  unless 

upon  written  consent,  rule  xlii,  p.  1431. 
Of  election,  how  issued  (U.  S.  Const.  91) 

2797,  2798. 

When  may  be  served  by  telegraph  5371. 
When  must  be  served  upon  party  instead 

of  attorney  5375. 
When  signifies  order  or  precept  in  writing 

issued  in  name  of  state,  court  or  judicial 

officer  5475. 

When  to  have  court  seal  affixed  4879. 
Writ  of  assistance,  may  be  ordered  at  cham- 
bers 4843. 

Writ  of  attachment,  how  executed  5150,  5152. 
In  civil  action  in  justice's  court,  substance 

of,  several    may  be   issued    to  different 

sheriffs  5751. 
In  justice's  court,  certain    sections  made 

applicable  5752. 
In  justice's  court,  for  service  in  another 

county,  to  have  certificate  under  seal  of 

county  clerk  5751. 
Issuance  of  to  be  noted  in  justice's  court 

docket  5800. 

Liability  of  sheriff  for  failure  to  execute  1651. 
May  issue  on  nonjudicial  day,  what  affidavit 

to  state  4870. 
Several  may  be  issued  to  sheriffs  of  different 

counties  5150. 
When  to  be  returned  5168. 
Writ   of   certiorari,    amendment   of   return, 

hearing,  judgment  5691. 
Denominated  writ  of  review  5683. 
District  court  may  try  and   determine  at 

chambers  4843. 

District  court  or  judge  may  issue  4840. 
Extent  of  review  under  5690. 
In  issuing,  words  requiring  stay  may  be 

omitted  5688. 
Manner  of  service  5689. 
Order  to  show  cause  why  should  not  be 

granted  5685. 
Return  and  hearing  may  be  had  at  any 

time  5711. 


Writ  of  certiorari — continued. 

Return  of  5684,  5686. 

Supreme  court  and  justice  thereof  may 
issue  4834. 

Supreme  court  empowered  to  issue  (Nev. 
Const,  art.  vi,  sec.  4)  319. 

To  whom  may  be  directed  5684,  5686. 

Transmission  of  copy  of  judgment  to  infer- 
ior tribunal  or  officer  5692. 

What  to  command  5687. 

When  may  be  granted  and  how  returnable 
5684. 

When  may  be  granted  on  affidavit  5685. 
Writ  of  election,  how  issued  (U.  S.  Const.  91) 

2797,  2798. 

Writ  of  error,  not  to  issue  after  lapse  of  one 
year  from  date  of  judgment,  order  or 
decree  sought  to  be  reviewed,  rule  xxii, 
p.  1425. 

Not  to  issue  by  supreme  court  except  upon 
order  after  showing,  rule  xviii,  p.  1424. 

Operates  as  supersedeas,  when,  rule  xix,  p. 
1424. 

Rules  and  practice  of  supreme  court  regard- 
ing appeals  apply,  rule  xxi,  p.  1425. 

When    returnable   before    supreme   court, 

rule  xx,  p.  1424. 
Wrrit  of  execution,  how  executed  5289. 

Issuance  and  what  to  state  5281. 

Liability  of  sheriff  for  failure  to  execute 

1651." 
Writ  of  garnishment,  form  5171. 

Ho\v  served  and  returned,  alias  writs  5172. 

May  issue  after  judgment  5190. 
Writ  of  habeas  corpus,  district  court  or  judge 
may  issue  4840. 

Justice  of  supreme  court  may  issue  to  any 
part  of  the  state,  returnable  before  him- 
self, the  supreme  court  or  district  court 
or  judge  (Nev.  Const,  art.  vi,  sec.  4)  319. 

Schedule  of  sections  6226.  See  Habeas 
Corpus  and  references  thereto. 

Shall  not  be  suspended  unless  public  safety 
require  in  case  of  rebellion  or  invasion 
(Nev.  Const,  art.  i,  sec.  5)  234. 

Supreme  court  and  justices  thereof  may 
issue  4834. 

Supreme  court  empowered  to  issue  (Nev. 

Const,  art.  vi,  sec.  4)  319. 
Writ  of   injunction,  district  court  or  judge 

may  issue  4840. 

Writ  "of  mandamus,  answer  to  may  show 
cause,  how  made  5699. 

Applicant  may  object  to  sufficiency  of 
answer  or  introduce  proof  5701. 

Denominated  writ  of  mandate  5694. 

District  court  or  judge  may  issue  4840. 

District  judge  may  try  and  determine  at 
chambers  4843. 

Fine  imposed  on  officer  for  refusal  to  obey 
may  be  retained  from  salary  5707. 

How  served  5706. 

In  what  cases  and  by  what  court  or  judge 
writ  may  issue,  how  returnable  5695. 

May  be  issued  by  district  court  to  compel 
registration  of  elector  1710,  1712. 

Must  be  either  alternative  or  peremptory, 
form  5697. 

Officer  guilty  of  misdemeanor  in  office  for 
refusal  to  obey  5707. 


2299 


INDEX 


Claims 


Writ  of  mandamus— continued. 
One  new  trial  may  be  had,  new  jury  to  be 

summoned  5702. 
Penalty  for  refusal  to  obey  5707. 
Return  and  hearing  may  be  had  at  any 

time  5711. 
Service  upon  majority  of  board  sufficient 

5707. 
Supreme  court  or  justice  thereof  may  issue 

4884. 
Supreme  court  empowered  to  issue  (Nev. 

Const,  art.  vi,  sec.  4)  319. 
When  alternative  or  peremptory  writ  will 

issue,  default,  hearing  5698. 
When  and  how  issued  5696. 
When  answer  raises  question  of  fact,  jury 

trial  may  beordered  and  damages  assessed 

5700. 

Writ  of  prohibition,  defined  5708. 
May  be  alternative  or  peremptory,  form  of 

5710. 
Return    and  hearing  may  be   had  at  any 

time  5711. 
Supreme  court  or  justice  thereof  may  issue 

is:;  i. 
Supreme  court  empowered  to  issue  (Nev. 

Const,  art.  vi,  sec.  4)  319.  • 
When,  where  and  how  issued,  by  supreme 

court  only  570!). 
Writ  of  quo  warranto,  district  judge  may  try 

and  determine  at  chambers  4X4.*!. 
District  court  or  judge  may  issue  4SJD. 
Supreme  court  and  justice  thereof  may  issue 

4884. 
Supreme  court  empowered  to  issue  (Nev. 

Const,  art.  vi,  sec.  4)  319. 
Writ  of  restitution,  form  of  in  action  for  forci- 
ble entry  or  unlawful  detainer  5605. 
''Writ  or  summons,"  when  "process"  if  issued 

in  judicial  proceedings  517"). 
Writing,  altered,  who  to  explain  54  lx. 
Contents  of,  how  proved  5417. 
Contract  or  liability  founded  upon,  action 

may  be  commenced  within  six  years  4967. 
Includes  printing  and  typewriting  5475. 
Lost,  contents  of,  how  proved  5417. 
Permission  to  take  copy  of  5416. 
Writings, contents  of  numerous  may  be  proved 

5417. 

Inspection  or  admission  of  5416-5418. 
Witness,  may  be  compelled  to  produce  5416. 
Writs,  duty  of  "sheriff  to  execute  1648, 1650. 
Writs ,  of  m andamus ,  injunction ,  quo  warranto 
certiorari,  habeas  corpus,  and  other,  district 
court  or   district  judge  may   issue    (Nev. 
Const,  art.  vi,  sec.  6)  321. 
Writs,  proper  to  complete  exercise  of  appellate 
jurisdiction,  supreme  court  may  issue  (Nev. 
Const,  art.  vi,  sec.  4)  319. 
Written    instrument,    as    affecting    adverse 

possession  4956,  4958. 
Copied  in  answer  deemed  genuine  unless 

denied  by  affidavit  5063. 
When  deemed  admitted  5062. 
When    admitted    in  justice's  court  unless 

denied  by  verified  answer  5770. 
When  inspection  may  be  ordered  in  jus- 
tice's court  5769. 
Wrongful     act,   action    for     damages    to  be 

brought   by  representative    of  deceased 

person  5648. 


Wrongful  act— continued. 
Death  by  5647. 
Death  by,  judgment  for  damages  not  liable 

for  debts,  how  distributed  5648. 
Death  or  injury  by,  contract  of  insurance, 

indemnity  of  relief  benefit  will  not  bar 

recovery  5652. 
Jury    may   give   damages   pecuniary    and 

exemplary  5648. 

Civil  process.     See  Arrest  in   Civil   Action 
under  Civil  Practice;  Civil  Arrest. 

Elector  not  to  be  arrested  under  on  election 
day  253. 

Mernbers  of  legislature  exempt  from  arrest 
during  legislative  session  and  for  fifteen 
days  before  269. 

Service  on  government  land  1949, 1951. 
Civil  rights,  and  remedies  6297,  6302. 

Consent  of  parent  deprived  of,  not  re- 
required  on  adoption  of  children  5828. 

Convicts,  certain,  excluded  from  jury  duty, 
when  285. 

Restoration    allows    person    convicted    of 

crime  to  serve  as  juror  (Nev.  Const.)  285. 

Claim,   against    county,   action    not    to    be 

brought  unless  demand   first   presented 

1523. 

Against  county,  action  not  to  be  brought 
until  demand  has  been  presented  to  com- 
missioners and  auditor,  costs,  when  re- 
coverable 1523. 

Against  county,  district  attorney  not  to  ad- 
vocate payment  of  1520,  1605. 

Against  county,  funds  assigned  to  payment 
if  not  collected  within  two  years  payable 
on  other  claims,  new  demand  and  re- 
allowance necessary,  or  claim  barred 
1536. 

Against  county,  if  taxpayer  objects,  com- 
missioners to  defer  action  at  least  ten 
days  to  allow  institution  of  proceedings 
to  determine  validity  1521. 

Against 'county,  resident  taxpayer  may  file 
objections  against  1521. 

Against  estate  of  deceased  person,  action 
to  be  brought  within  thirty  days  after 
notice  of  rejection  5968. 

Against  estate  of  deceased  person  barred 
by  statute  of  limitations  at  time  of  death 
5968,  5969. 

Claims,  adverse,  actions  to  determine  5479. 
See  Board  of  Examiners. 

Against  bank  closed  by  bank  examiner, 
actions,  presentation  and  force  of  671. 

Against  county,  how  presented  and  acted 
upon  1509-1512. 

Against  estates,  district  judge  may  approve 
in  vacation  4850. 

Against  estates,  how  presented  and  acted 
upon  5964-5973. 

Against  state,  board  of  examiners  to  pass 
on,  except  salaries  or  fixed  compensa- 
tion of  officers  314. 

For  services  or  advances  authorized  by 

law,  when  action  may  be  brought  5653. 

How  presented  and  acted  upon  314, 4459- 

4465. 

Incurred  when  state's  liabilities  exceed 
$300,000  void  350. 


Claims 


INDEX 


2300 


Claims  against  state— continued. 

When  not  to  be  passed  on  by  legislature 
without  being  acted  upon  by  board  of 
examiners  314. 
Mining,  location    of   2378,  2422-2428,  2433- 

2443. 
Presentation  of  on  disincorporation  of  city 

872,  873. 

Under  employers'  liability  act  may  be  com- 
promised 1928. 
Unpatented  mining,  exempt  from  taxes  352, 

3621. 

Claimant,  may  be  interpleaded  in  garnish- 
ment proceedings  5180. 
Procedure  to  obtain  title  to  lot  in  federal 

townsite  1983-1986. 

Claim  and  delivery,  district  court  5124-5135,  % 
5194;  justice's  court,  5753.     See  Civil  Prac-  * 
tice. 
Clark  County,  creation,  boundaries  and  seat 

1456,  1457. 

Classification  of  crimes  6266. 
Clearing-house  associations,  how  established 

667.     See  Banks. 

Clerk.     See  Civil  Practice,  County  Clerk. 
Clerk  of  assembly,  election  and  duties  276, 

415-419. 
Clerk  of  court.     See  Civil  Practice,  County 

Clerk. 

Clerk  of  elections.     See  Elections. 
Clerk  of  supreme  court,  bond,  amount,  ap- 
proval, filing  4895. 
Contest  for  state  office,  to  file  complaint 

1823. 

Court  fee  to  collect  331. 
Court  fees  to  pay  state  treasurer  2034. 
Costs   taxed    by,  indorsed   on   remittitur, 

S.  C.  rule  vi,  sec.  4,  p.  1423. 
Deputy,  may  appoint,  salary  of  4900. 
Duty  to  give  receipt  for  fees  2033. 
Election,  term  2765,  2773,  2776. 
Eligibility  2766. 
Fees  of  2006,  2032. 
Fees  of  paid  to  treasurer  2034. 
Fees,  when  paid  4894. 
Habeas  corpus,  writ  to  deliver,  when  6231. 
Judgment  on  appeal,  to  certify  to  clerk  of 

lower  court  5360. 
Money  to  pay  over  2034.  - 
Office  to  be  kept  at  seat  of  government  380. 
Qualifications  2766. 

Quo  warranto,  has  same  power  to  issue  pro- 
cess as  clerk  of  district  court  5681. 
Receipts  for  money,  to  give  2033. 
Report  to  legislature  4896. 
Reporter   of  decisions  of  supreme  court, 

salary  2950. 
Salary  of  4391. 
Statement   settled    on    appeal  in  supreme 

court  5333. 

Client,  communication  with  not  to  be  testified 
to  by  attorney,  secretary,  stenographer  or 
clerk  of  attorney  without  consent  5425. 
Closed  bank.     See  Banks  and  Banking. 
Closed  season  for  fish  and  game  2056,  2059, 

2085,  2100. 
Cloud  upon  title,  action  to  remove,  how  and 

by  whom  brought  5522. 

Club,  district  court  may  make  order  for  sale 
or  mortgage  of  property  of  1369. 


Coal,  how  measured  and  weighed  4808.  See 
Weights  and  Measures. 

Coal  lands,  located,  how  2408-2413.  See  Mines 
and  Mining. 

Cock  fight,  city  may  prevent  794(75) . 

Codefendants,  cross  complaint  against  and 
how  served  and  answered  5052. 

"  Codicil,"  when  included  in  word  "  will"  5475. 

Coercion,  when  unlawful,  penalty  6740. 

Collars,  sleeves  and  pulleys,  failure  to  pro- 
tect, penalty  6796,  6798. 

Collateral  attack.     See  Civil  Practice. 

Collection  of  taxes.     See  Revenue. 

Collector  of  taxes,  action  for  money  paid 
under  protest  may  be  commenced  against 
within  one  year  4967. 

College  of  agriculture,  mechanic  arts  and  mili- 
tary tactics,  supported  by  funds  from  con- 
gressional land  grant  360. 

Colonies,  articles  of  confederation  of  71-85. 

Color,  impediment  to  marriage  6514-6516. 

Color,  no  discrimination  as  to  in  university 
4647. 

Color  or  previous  condition  of  servitude  not 
bar  to  suffrage  or  office  411. 

Combination  to  resist  process,  penalty  6605. 

Combustible  materials,  regulation  of  storage, 
penalties  1946-1948.  See  Explosives. 

Commander-in-chief  of  military  forces,  gov- 
ernor to  be  298. 
Power  of  4002. 

When   governor  may  continue,  as  in  time 
of  war  out  of  state  311.     See  State  Militia. 

Commerce,  power  of  Congress  over,  prefer- 
ences forbidden  113,  134. 

Commercial  paper.  See  Negotiable  Instru- 
ments 2548-2744. 

Commissary-general,  adjutant-general  is  ex 
officio  3993.  See  State  Militia. 

Commissary  of  state  police,  adjutant-general 
ex  officio  4295. 

Commissions  on  collections,  retention  not  lar- 
ceny 6652. 

Commissioner,  how  subpena  issued  for  the 

taking  of  testimony  5432. 
Of  internal  improvements  and  chief  engi- 
neer, surveyor-general  ex  officio  4351. 

Commissioners,  may  hear  testimony  in  pro- 
ceedings in  eminent  domain  5616. 
To  be  appointed  by  the  court  to  determine 
value  of  right  of  way  for  railroad  3539. 

Commissioners    of    deeds     1000-1004.       See 

Acknowledgments,  Conveyances. 
Acts  of,  same  force  as  notaries  1001. 
Affidavits  and  depositions,  may  take  5451, 

5459. 

Appointment  of  1000,  2765. 
Commission  of  1003. 

Copy  of  act  to  accompany  commission  1003. 
Fee  for  commission  1004. 
Foreign  states  and  countries  to  have  1000. 
Governor  to  appoint  1000. 
Oath  of  office  1002. 
Powers  of  1000,  5451,  5459. 
Term  of  office  1000. 

Commissioners  of  horticulture  446-453.  See 
Horticulture. 

Commissions,  to  be  signed  by  governor  and 
secretary  of  state  and  under  great  seal  309. 

Committing  magistrate.     See  Criminal  Prac- 
tice. 


2301 


INDEX 


Confession 


Committing  magistrate — continued. 

Breach  of  peace  before,  security  for  peace 

6873. 
Denned  6928,  6929,  7461. 

Other  may  act,  when  6045,  6940,  6947. 

Powers  on  arrest  6940,  6945. 

Recorders  as  4858. 

Who  are  6929. 

Commitment  6975,  7226,  7343.    See  Criminal 
Practice. 

And  physician's  certificate,  copies  of  to  be 
transmitted  with  insane  person  to  asylum 
2204. 

Court  may  direct  to  make  order  effectual 
regarding  children  in  action  for  divorce 
5840. 

Of  insane  person  to  be  transmitted  to 
asylum  2204. 

Warrant  of  in  contempt  proceedings  to 
specify  act  to  be  performed  5404. 

Warrant  of  not  to  issue  in  contempt  pro- 
ceedings without  previous  attachment  to 
answer  or  notice  or  order  to  show  cause 
5397. 

Common  carriers,  bailments  of  537-")  li*. 
See  Bailments,  Railroads. 

Freight  unclaimed,  sale  of  537-541'. 

Liable    for    death    or    personal    injury   if 
caused  by  gross  negligence  notwithstand- 
ing slight  negligence  of  employee  5651. 
Common  law,  action,  right  of  trial  by  jury  in 
U.  S.  courts  (U.  S.  Const.)  177. 

Courts,  federal,  to  what  extent  controls  177. 

Crimes  under,  recognized  6300,  6827. 

Facts  which  would  exclude  witnesses  at 
may  be  shown  to  affect  credibility  5419. 

Rule  of  decision  in  civil  actions  adopted  as 
6474, 

Supplements  criminal  law  6300,  6827. 
Common  school,  district  neglecting  to  main- 
tain school  or  allowing  sectarian  instruc- 
tion may  be  deprived  of  proportion  of 
public  school  funds  354. 

Legislature   to    provide    for   at    least   six 
months  annually  in  each  district  and  to 
pass  laws  requiring  attendance  354. 
Common  schools   and  university,  legislature 

to  provide  special  tax  for  358. 
Common  stock,  convertible  from  bond  issue 

1138.     See  Corporations. 
Communication  with  prisoner,  penalty  6373. 
Community    property.     See    Husband    and 
Wife. 

Death  of  husband  or  wife,  how  disposed  of 
2164,  2165. 

Defined  2156. 

Divorce,  how  disposed  of  2166. 

Husband  to  control  2160. 

Inventory  of  estate  of  deceased  person  to 
show  5944. 

Not  subject  to  administration  if  wife  pays 

debts  2165. 

"Company"  included  in  word  "person"  5475. 
Company  of  militia  3999,   4000.     See    State 

Militia. 

Compensation.     See  Civil  Practice  5647-5652; 
Employer  and  Employee. 

And  fees  of  county  and  township  officers, 
legislature  may  regulate  (Nev.  Const,  art. 
iv,  sec.  20)  278. 

For  injury  or  death  of  employee  1915. 

145 


Compensation— continued. 
Of  receiver  of  insolvent  corporation  1199. 
Of  trustee  of  corporation  dissolved  in  quo 

warranto  5671. 
Compilation  of  laws,  assistants,  employment 

of  1011. 

Compensation  1012. 
Distribution  1015. 
Justices  of  supreme  court,  commissioners 

for  1005. 

Legal  evidence  1016. 
Presumption  of  correctness  5413. 
State  printer,  duty  to  print  1014. 
What  to  include  1006-1009. 
Complaint  (civil  action).     See  Civil  Practice. 
District  court  5039. 
District  court,  tax  suit  3661. 
Justice  court  5735, 5736.     See  Civil  Practice. 
Complaint   (criminal)   6927-6931,   7471.     See 

Criminal  Practice. 
Complaint  of  assessment,  to  be  heard,  when 

3638. 
Compounding  offense,  defined  6363. 

Indictment  for  7073. 

Compromise,  of  claims  under  employers'  lia- 
bility act  1928. 
Of  misdemeanor  7411-7413.     See  Criminal 

Practice. 

Offer  of  5265,  5777.     See  Civil  Practice. 
With  debtors  of  deceased  persons  6028. 
Compulsory  education  3443-3451.     See  Public 

Schools. 

Compulsory  process,  in  action  for  divorce  if 
necessary  to  disposition  of  property  of  chil- 
dren 5839. 
Concealed  weapons,  carrying,  penalty  6568. 

Regulation  of  by  city  794  (76). 
Concealing  birth,  penalty  6450. 
Concealing  escaped  prisoner,  penalty  6343. 
Concealing  offense,  indictment  for  7073. 
Conception,  advertisements  designed  to  pre- 
vent, penalty  6451-6455. 
Condemnation,  by  cities  for  public  purposes 

794(85). 

By  foreign  corporations  5629. 
By  towns  for  public  purposes  877(5,  15). 
Civil  practice  act,  chapter  concerning  5606- 

5629. 

Conditions,  precedent  5609.    See  Civil  Prac- 
tice. 

For  ditch  or  flume  4712,  4714. 
For  highway  3008,  3015. 
For  mining 'purposes  2456,  2459,  2462. 
For  railroad,  telegraph  or  telephone  lines 

2138,  3535-3550. 

For  reclamation  purposes  3104. 
For  toll  road  3052. 

Property  not  to  be  taken  without  payment 
made  or  secured  (Nev.  Const.)  237,  344. 
Property  subject  to  5608. 
Confederation,  articles  of  71-85. 
Confession,   extortion    of    6807.     See    Civil 

Practice. 
Judgment  by,  may  be  entered  in  district 

court  5249-5251;  justice's  court  5771. 
Judgment  may  be  entered  upon  in  justice's 
court   if  amount  does  not  exceed  $300 
exclusive  of  interest  5714. 
Of  judgment  5249-5251. 
To  clergyman,  testimony  regarding  not  to 
be  given  without  consent  5426. 


Congress 


INDEX 


2302 


Congress.     See  Constitution  of  United  States. 
Has  power  to  constitute  tribunals  inferior 

to  supreme  court  (U.  S.  Const.)  119,  153. 
Has  power  to  make  uniform  laws  relating 

to  naturalization  and  bankruptcy  (U.  S. 

Const.)  114. 
Territory   of    state    may   be    enlarged   by 

authorization  of  368. 
Congressmen.     See    Constitution    of  United 

States,  and  Member  of  Congress. 
Cooperative    associations,    incorporation    of 

1249-1260. 
Conscience,  liberty  of  not  to  excuse  acts  of 

licentiousness  233. 
Consanguinity,   restrictions    as   to    right    of 

marriage  2339. 
Degrees  computed  under  rule  of  civil  law 

in  estate  matters  6119. 
Table  of.     See  Appendix. 
Consent.     See   Adoption  of   Children,  Civil 

Practice. 

Necessary  to  allow  testimony  of  communi- 
cation between  attorney  and  client  5425. 
Of  patient  necessary  to  enable  physician  to 

testify  regarding  communication  5427. 
When  marriage  of  person  under  age  of,  not 

to  be  annulled  2356. 
Conservators  of  the  peace,  justices    of   the 

peace  are  1689. 

Consideration,  conveyance  shall   not  be  ad- 
judged fraudulent  solely  for  wantof  valuable 
1086. 
Consolidation,  of  actions  5478. 

Of  irrigation  districts  4786. 
Constable.     See  Officers  Generally. 
Action  against  for  official  misconduct  may 

be  commenced  within  two  years  4967. 
Arrest,  refusal  to  make  or  receive  arrested 

person,  penalty  2820. 

Baggage,  unclaimed,  may  sell,  when  2153. 
Bond,  approval  and  filing  4927,  4928. 
Buying  or  inducing  action  2821,  6367. 
Deed,  may  make    for   real    estate  sold  b} 

predecessor  1662,  1663. 
Duel,  failing  to  prevent,  penalty  2823. 
Duties   imposed    on    sheriff   extend   to  in 

action  for  claim  and  delivery  in  justice's 

court  5753. 

Duties  of  generally  1692. 
Duties  of  in  new  township  2785. 
Duties  of  on  receiving  execution  from  jus- 
tice's court  5786. 

Duty  to  serve   subpena   requiring    attend- 
ance before  public    service    commission 

4532. 

Election  of  2765,  2773,  2782. 
Estray  animals,  to  impound  2261,  2265. 
Expense  of  transporting  prisoners  allowed 

1544,  1545. 

Fee  book  to  keep  2020. 
Fees,  counties  eight  hundred  or  less  1999. 

Counties  over  eight  hundred  2011,  2019. 

For  selling  animals  on  execution  under 
judgment  for  charges  5499. 

Hogs  trespassing  2258. 

In   proceedings    relating   to  apprentices 
494. 

Mileage  2037,  2040. 

Monthly  statement  to  make  2021. 

On  returns,  none  to  charge  2041. 

Payable  in  advance  2027. 


Constable,  fees — continued. 

Quarterly  statement  of  to  commissioners 
2021. 

Table  of  to  post  2025. 

Violation  of  law  governing,  penalty  2023, 

2024. 

Hogs  trespassing,  may  sell,  when  2256-2260. 
Judgment,  unlawful  to  purchase  2821. 
Justice  of  the  peace  may  depute  suitable 

person  to  act  as  7524. 

Local  or  special  laws  relating  to  jurisdic- 
tion and  duties  invalid  (Nev.  Const,  art. 

iv,  sec.  20)  278. 
May  serve  summons  in  action  in  justice's 

court  5732. 
Mileage  2037,  2040. 
New  township,  duties  in  2785. 
Nuisances,  to  abate  920. 
Oath  of  office  4928. 
Prisoners,  expense  of  transporting  allowed 

1544,  1545. 

Purchasing  judgment  2821. 
Rewards,  not  eligible  for,  when  2905. 
Riotous  assemblage,  duty  concerning  2836- 

2838. 
Sale,  official,  unlawful  to  be  interested  in 

2821. 

Stock,  to  impound,  when  2262. 
Stock,  trespassing  and  unlawful,  duties  and 

responsibilities  concerning  2251-2260. 
Substitution  for  sheriff  in  supplementary 

proceedings  5787. 

Successor  may  execute  deed  for  tax  or  exe- 
cution sale  1662,  1663. 
To  detain  defendant  arrested  in  civil  action 

in  justice's  court  until  discharged  by  jus- 
tice 5748. 
To  give  notice  and  make  return  on  arrest 

of  defendant  in  civil  action  in  justice's 

court  5747. 
To  pay  moneys  collected  on  execution  of 

process  to  justice  of  the  peace  5810. 
To  pay  wages  as  preferred  claim  against 

attachment  or  execution  5494. 
To    summon   jury   to    determine    whether 

breach  of  contract  of  apprenticeship  491. 
When  liable  for  arresting  in  civil  action 

witness  subpenaed  5446. 
When  may  arrest  defendant  in  civil  action 

in  justice's  court  5744. 
When  not  to  act  as  attorney  in  justice's 

court  5725. 
When  substituted  for  "sheriff"  in  section 

relating  to  attachment  5752. 
When  to  relinquish  property  on  stay  of  exe- 
cution on  appeal  from  justice's  court  5793. 
When   to   take   plaintiff   arrested   in  civil 

action  in  justice's  court  before    another 

justice  5746. 

Conspiracy,  defined  6377,  6378. 
Overt  act  not  essential,  evidence  of  6378, 

7173. 

Constitutional  amendments.     See  Elections. 
How  canvassed  363,  1796,  1842,  1863,  1881, 

1884. 

How  submitted  to  people  1842,  1879. 
Which  have  been  proposed  and  to  be  either 

passed  on  by  next  legislature  or  at  general 

election  of  1912,  355, 371,  250,  237,  257,370. 
Which  have  been  ratified  to  be  certified  to 

president  of  United  States  419. 


2303 


INDEX 


Constitution,  federal 


Constitutional  convention,  how  called  384. 
Constitutional  debates,  provision  for  publica- 
tion of  410. 
Constitutional  oath,  school  teachers  to  take 

also  :',70,  :;.">7. 

Constitutional   powers   of  United    States  as 
defined     by    supreme     court,    paramount 
allegiance  to  231. 
Constitution  of  the  United  States,  adoption'of 

231,227. 

Construction,  reference  in    statutes  to  pro- 
visions of  law  revised  and  reenacted  in 
civil    practice    act    to    be   construed    as 
applying  to  those  provisions  5817. 
When  provisions  of  civil  practice  act  to  be 
construed  as  a  continuation  of  existing 
statutes  and  not  as  new  enactments  5817. 
Consul  of  United  States,  may  take  affidavit 

in  foreign  country  0442. 
To   certify   to   judicial    record   of   foreign 

country  5411. 

Contagion,  damages   recoverable    for    when 
spread  by  diseased   live  stock    2268.     See 
Live  Stock. 
Contempt,  either  house  of   legislature  may 

punish  or  imprison  265. 
Contracts,  law  impairing  obligation  of  not  to 

be  passed  L' II . 
Controller,  state,  duties,  term,  eligibility  312, 

CONSTITUTION,  FEDERAL 

Accusation,  right  to  be  informed  of  nature 
of  176. 

Acts  of  Congress,  supreme  law  of  land  168. 

Adoption  of  227,  2:51. 

Age  of  congressman  89. 

Age  of  president  144. 

Age  of  senators  '.».">. 

Amendments  to  constitution,  how  adopted, 
limitations  on  166. 

Appointment  of  officers,  ambassadors,  min- 
isters and  consuls  149. 

Arrest,    privilege    of   members   of   Congress 
from  106. 

Armies,  Congress  to  raise  and  support,  appro- 
priation for,  limited  122,  124. 

Arms,  right  of  people  to  keep  and  bear  172. 

Assemble,  right  of  people  to  guaranteed  171. 

Bail,  excessive  not  to  be  required  178. 

Bankruptcy,  Congress  to  regulate  114. 

Bill  of  attainder  not  to  pass  131,  137. 

Bills,  of  credit,  state  not  to  emit  137. 
Origin,  amendment,  passage  and  approval 

104,  108,  109. 
Passage  over  veto  109. 
When   become  law    without   signature   of 
president  109. 

Capitation  tax,  how  paid  132. 

Census  to  be  taken  90. 

Citizens,  defined  185. 

Citizens,  rights  and  privileges  of  160. 

Citizens,  rights  of  guaranteed  185. 

Commander-in-chief  148. 

Commerce,  power  of  Congress  over  113. 

Commerce,  preference  forbidden  134. 

Common  law,  how  and  where  applied  177. 

Confederation,  debts  of ,  valid  167. 

Congress,  adjournment,  president    may   de- 
termine, when  151. 

Adjournment,  resolution  for,  president  not 
to  act  on  110. 


Congress— continued. 
Amendments,  how  proposed  and  adopted, 

limitations  on  166. 
Annual  meeting  101. 
Appointive  power  may  vest,  where  149. 
Armies  to  raise  and  support,  appropriation 

for  limited  122. 
Army  and  navy,  rules  governing,  to  make 

Bankruptcy,  uniform  law  on  114. 

Bill  of  attainder,  not  to  pass  131. 

Bills,  passage  over  president's  veto  109. 

Capitation  tax,  how  laid  132. 

Captures  on  land  or  water,  rules  to  make 

121. 

Commerce,  regulation  of,  not  to  grant  pref- 
erence 113,  l::i. 
Consent,  may  grant  to  officer  to  accept  title 

or  gift  from  foreign  power  136. 
Consists  of  senate  and  house  87. 
Copyrights,  to  provide  for  118. 
Counterfeiting,  to  provide  punishment  for 

116. 

Courts,  may.  establish  119. 
Crimes,  trial  for,  place  of,  may  determine 

156. 

Direct  tax^  how  laid  132. 
Disability  for  holding  office,  may  remove, 

when  187. 

District  of  Columbia,  power  over  127. 
Duties,  taxes,  imposts  and  excises,  to  lay 

and  collect,  must  be  uniform  111. 
Election  of  senators  and  representatives, 

may  regulate  100. 
Electors,  time  of  choosing  and  day  of,  vote 

to  determime  143. 
Export  tax  or  duty,  not  to  lay  133. 
Ex  post  facto  law  not  to  pass  131. 
Freedom  of  speech  and  press  not  to   be 

interfered  with  171. 
Full  faith  and  credit  clause,  to   prescribe 

enforcement  159. 
General  powers  128. 

House  of  representatives,  adjournment  by 
less  than  quorum  102. 

Adjournment  limited  without  consent  of 
senate  105. 

Arrest,  privilege  of  members  from  106. 

Attendance  of  members,  may  compel  102. 

Apportionment  of  members  186. 

Compensation  of  members  106. 

Elections  of   members,  time,  place  and 
manner,  how  regulated  100. 

Election  to  fill  vacancies  91. 

Expulsion  or  punishment  of  members  103. 

Governor  to  issue  writ  of  election  to  fill 
vacancies  91. 

Impeachment,  sole  power  of  92. 

Journal  of  proceedings,  vote,  when  re- 
corded 104. 

Judge  of  elections,  returns  and  qualifica- 
tions of  own  members  102. 

Members,  how  apportioned  90,  186. 

Members,  how  and  when  chosen,  quali- 
fications 88,  89. 

Members,  not  to  be  appointed  to  certain 
offices  107. 

Oath  of  members  169. 

President,  when  to  elect  142. 

Qualifications  of  members  88,  89,  107. 

Quorum  of  102. 


Constitution,  federal 


INDEX 


2304 


Congress,  house  representatives — continued. 

Revenue  bills  to  originate  in  108. 

Rules  of  procedure,  to  determine  103. 

Speaker  and  officers,  to  choose  92. 

Speech    or   debate,  members  not  to  be 
questioned  for  106. 

Vacancies,  how  filled  91. 
Immigration  of  certain  persons  129. 
Implied  powers  128. 

Lands,  what  may  legislate  concerning  127. 
Laws  of  nations,  Congress  to  provide  pun- 
ishment for  violation  of  120. 
Letters  of  marque  and  reprisal,  forbidden 

121. 
Members  not  to  be  questioned  for  speeches 

or  debates  in  106. 
Message  of  president  151. 
Militia,  power  over  125, 126. 
Money,  may  borrow  112. 
Money  not  to  be  drawn  except  on  appro- 
priation 135. 
Money,  to  regulate  115. 
Naturalization,  to  regulate  114. 
Navy,  to  provide  and  maintain  123. 
Orders  and  resolutions,  take  same  course 

as  bills  110. 

Patent  rights,  to  secure  118. 
Piracies,  and  felonies  on  high  seas,  to  pro- 
vide punishment  for  120. 
Postoffices  and  roads,  to  provide  117. 
Powers  of  111-128. 
Prescribe  manner  of  proving  acts,  records 

and  proceedings  159. 
President  may  convene  151. 
Press,  freedom  of,  guaranteed  171, 
Property  of  United  States,  to  control  164. 
Religion,  laws  affecting,  prohibited  171. 
Representation,  when  state's  quota  maybe 

reduced  186. 
Right  of  people  to  assemble  and  petition, 

not  to  be  affected  171. 

Senate,  adjournment  limited  without  con- 
sent of  house  105. 

Amendments  to  revenue  bills  108. 

Appointments  by  president,  to  ratify  149, 
150. 

Arrest,  privilege  of  members  from  106. 

Attendance  of  members,  may  compel  102. 

Bills  for  revenue  and  other  legislation  108. 

Classification  of  members  94. 

Compensation  of  members  106. 

Election    of   members,  time,  place    and 
manner,  how  regulated  100. 

Expulsion  or  punishment  of  members  103. 

Impeachment,  judgment  in  99. 

Impeachments,  to  try,  vote  necessary  to 
convict  98. 

Journal  of  proceeding,  vote,   when    re- 
corded 104. 

Judge  of  election,  returns  and  qualifica- 
tions of  own  members  102. 

Legislature  to  choose  senators  93. 

Members  not  to  be  appointed  to  certain 
offices  107. 

Members  of,  number,  how  chosen  93. 

Oath  of  members  169. 

Officers  of,  how  chosen  97. 

President  pro  tern  and  officers ,  to  choose  97 . 

Qualifications  of  members  95,  107. 

Quorum  of  102. 


Congress,  senate— continued. 

Rules  of  procedure,  to  determine  103. 
Speech    or   debate,  members    not  to  be 

questioned  for  106. 
Term  of  members  93. 
Treaty  power  149. 
Two  members  for  each  state  93. 
Vice-president,   casting  vote  in  case  of 

tie  96. 

Vacancies,  governor  to  appoint  tempora- 
rily 94. 

Vice-president,  president  of  90. 
Speech,  freedom  of,  cannot  abridge  171. 
State    cannot   lay   imposts    or    duties    on 
imports  or  exports  without  consent  of  138. 
Tax,  capitation  or  direct,  how  laid  132. 
Taxes,  duties,  imposts  and  excises  to  lay 

and  collect,  must  be  uniform  111. 
Territory,  control  over  164. 
Treason,  punishment  for  to  declare,  limi- 
tation 158. 

War,  may  declare  121. 
Weights  and  measures,  to  regulate  115. 

Contracts,  state  cannot  impair  obligation  of 
137. 

Copyrights,  provision  for  118. 

Counsel,  right  to  have  in  defense  176. 

Counterfeiting  to  be  punished  116. 

Courts,  common  law,  to  what  extent  con- 
trols 177. 

Courts,  inferior,  Congress  may  establish  119. 

Crime,  to  be  prosecuted  by  indictment  175. 

Crimes,  trial  by  jury  156. 

Cruel  and  usual  punishments,  prohibited  178. 

Debate,  members  of  Congress  not  to  be  ques- 
tioned for  106. 

Debt  of  confederation  valid  167. 

Debt  of  state  incurred  in  rebellion,  void  188. 

Debt  of  United  States,  defined,  validity  188. 

Direct  taxes,  how  apportioned  90. 

Direct  tax,  how  laid  132. 

District  of  Columbia,  power  of  Congress  over 
127. 

Disability  for  holding  office  187. 

Domestic  violence,  legislature  or  governor  of 
state  may  apply  for  suppression  165. 

Due  process  of  law,  guaranteed  175,  185. 

Duties  and  taxes  to  be  uniform  111. 

Election  of  electors  141-143,  182. 

Election  of  congressmen  91,  100. 

Election  of  president  and  vice-president  141- 
143,  182. 

Election  of  senators  100. 

Elector,  senator,  representative  or  office  holder 
not  eligible  for  141. 

Electors  for  president  and  vice-president,  eli- 
gibility, selection,  meeting  and  vote  141, 142, 
143, 182. 

Eminent  domain,  compensation  for  property 
taken  175. 

Excessive  bail  not  to  be  required  178. 

Excessive  fines  not  to  be  imposed  178. 

Executive  power  vested  in  a  president  140. 

Export  tax  or  duty  prohibited  133. 

Ex  post  facto  law  not  to  be  passed  131,137. 

Extradition  161. 

Felonies  on  high  seas,  Congress  to  punish  120. 

Fines,  excessive  not  to  be  imposed  178. 

Freedom  of  speech  and  press  guaranteed  171. 

Fugitive  slaves  (obsolete)  162. 


2305 


INDEX 


Constitution,  federal 


Full  faith  and  credit  clause  159. 

Guarantee  of  republican  form  of  government 
16-5. 

House   of    representatives.      See    Congress, 
supra. 

House  of  representatives  with  senate  consti- 
tute Congress  87. 

Impeachment,     criminal      prosecution     not 

affected  by  99. 
House  of  representatives  has  sole  power  of 

92. 

Judgment  in  99. 
Of  officers  152. 
Senate  to  try,  vote  98. 

Indictment,  crime  to  be  prosecuted  by  175. 

Invasion  of  states,  protection  against  165. 

Jeopardy,  not  to  be  put  in  twice  175. 

Judicial  department  153-158. 

Judicial  power,  not  extended  to  suits  by  indi- 
vidual against  a  state  181. 

Judicial  power,  where  vested  153. 

Jurisdiction  of  government  over  land  within 
states  128. 

Jury  in  suits  at  common  law  177. 

Jury,  right  of  trial  by  176. 

Jury,  trial  for  crimes  156. 

Law,  due  process  of  guaranteed  175. 

Law,  equal  protection  of  guaranteed  185. 

Laws  of  nations,  punishments  for  violation  of 
120. 

Legal  tender  137. 

Legislative  powers  vested  in  Congress  87. 

Legislatures  to  ratify  amendments  166. 

Letters  of  marque  and  reprisal  121,  137. 

Limitations  on  power  of  amendment  166. 

Militia,  necessary  to  a  state  172. 

Militia,  power  of  Congress  over  125,  126. 

Money,  Congress  to  regulate  115. 

Money,  state  not  to  coin  137. 

Naturalization,  Congress   to    enact   uniform 
law  on  114. 

Navy,  provisions  for  123,  124. 

New  states,  admission  of  163. 

Oath  of  president  147. 

Office,  disability  to  hold,  treason  against  gov- 
ernment 187. 

Officers,  appointment  of  149. 

Officers,  federal  and  state,  oath  or  affirmation 
to  support  169. 

Officers,  forbidden  to  accept  presents,  titles  or 
emoluments  from  foreign  power  136. 

Pardons  or  reprieves,  president  may  grant  148. 

Patent  rights,  Congress  to  secure  118. 

People,  right  of  security  against  searches  and 

seizures  174. 

Right  of  to  assemble  and  petition  171. 
Right  to  keep  and  bear  arms  172. 
Rights  retained  by  179. 

Petition,  right  of  people  to  make,  guaranteed 
171. 

Piracies,  Congress  to  punish  120. 

Powers  of  Congress  111-128. 

Powers,  reserved  to  states  180. 

Postoffices  and  post  roads,  Congress  to  pro- 
vide 117. 

Preamble  86. 

President,  ambassadors,  ministers  and  con- 
suls, may  appoint  149. 
Ambassadors  and  ministers  to  receive  151. 
Appointive  power  149,  150. 
Bills,  approval  or  veto  109. 


President— continued. 

Commander-in-chief  148. 

Commissions  to  officers  151. 

Compensation  146. 

Congress,  may  convene  151. 

Congress,  power  to  adjourn,  when  151. 

Duty  to  execute  laws  151. 

Elected,  how  141,  142, 182. 

Eligibility  144. 

Executive  power  vested  in  140. 

Impeachment  of  152. 

Justices  of  supreme  court  to  appoint  149. 

Messages  to  Congress  151. 

Oath  of  147. 

Opinions   of   heads  of  departments,   may 
demand  148. 

Orders  and  resolutions,  approval  or  veto 
110. 

Pardons  or  reprieves,  may  grant  148. 

Qualifications  144. 

Successor  1  •!.">. 

Term  of  office  140. 

Treaty  power  149. 

Vacancies,  power  to  fill  150. 

Vice-president  to  become,  on  failure  to  elect 
182. 

Vice-president  to  succeed  145. 
President  pro  tern,  of  senate  97. 
Private  property  for  public  use,  compensation 

175. 

Press,  freedom  of,  guaranteed  171. 
Public  money,  statements  of  to  be  published 

135. 

Public  use,  private  property  taken  for,  com- 
pensation 175. 
Punishments,  cruel  and  unusual,  prohibited 

178. 

Quartering  of  soldiers  in  private  houses,  for- 
bidden 173.  . 

Ratification  of,  number  of  states  required  170. 
Religious  freedom  guaranteed  171. 
Religious  test  not  to  be  required  as  qualifica- 
tion for  office  169. 

Representation,  when  may  be  reduced  186. 
Representative  in  Congress,  how  chosen,  qual- 
ifications 88,  89. 

Representative,  not  eligible  as  elector  141. 
Representatives,  how  apportioned  186. 
Reprieves,  president  may  grant  148. 
Republican  form  of  government  guaranteed 

states  165. 

Reservation  of  powers,  by  states  180. 
Right  of  suffrage  190. 
Right  of  trial  by  jury  176. 
Rights  retained  by  people  179. 
Searches  and  seizures,  unreasonable,  guaran- 
tee against  174. 
Search   warrant,    issued    only   on    probable 

cause  174. 
Security  of  person,  house,  papers  and  effects 

guaranteed  174. 
Senate.     See  Congress,  supra. 
Senate  and  house  constitute  Congress  87. 
Senator  not  eligible  as  elector  141. 
Slavery  prohibited  183. 

Soldiers,  not  to  be  quartered  on  people  173. 
Speech,  freedom  of,  guaranteed  171. 
States,  cannot  abridge  privileges  or  immuni- 
ties of  citizens  185. 

Cannot  deny  citizens  due  process  or  equal 
protection  of  law  185. 


Constitution,  federal 


INDEX 


2306 


States — continued. 

Compacts  between  139. 

Debt  of,  incurred  in  insurrection,  void  188. 

Boundaries  not  to  be  changed  without  con- 
sent 163. 

Bound  to  respect  constitution,  acts  of  Con- 
gress and  treaties  as  supreme  law  of  land 
168. 

Domestic  violence  in,  suppression  of  165. 

Guaranteed  republican  form  of  government 
165. 

New,  admission  of  163. 

Not  to  be  deprived  of  equal  representation 
in  senate  without  consent  166. 

Not  to  lay  duties  or  imposts  on  imports  or 
exports  without  consent  of  Congress  138. 

Not  to  pass  law  impairing  obligation  of 
contracts  137. 

Powers  reserved  to  180. 

Prohibited  from  doing  certain  acts  or 
enacting  certain  legislation  137. 

Protected  from  invasion  165. 

Restrictions  on,  without  consent  of  Con- 
gress 138,  139. 

Suits  by  individuals  against  cognizable  by 
state  court  181. 

Title  of  nobility,  not  to  grant  137. 

To  give  full  faith  and  credit  to  acts  of  Con- 
gress and  other  states  159. 

Treaty  or  alliance  cannot  make  137. 

War,  not  to  engage  in,  when  139. 
Suffrage,  not  to  be  abridged  for  race,  color  or 

servitude  190. 

Supreme    court,    jurisdiction,    original    and 
appellate  154,  155. 

Judges  of,  term  of  office,  compensation  153. 

President  to  appoint  justices  of  149. 
Supreme  law  of  the  land,  defined  168. 
Taxes  and  duties,  to  be  uniform  111. 
Tax,  capitation  or  direct,  how  laid  132. 
Taxes,  direct,  how  apportioned  90. 
Tender,  in  payment  of  debt  137. 
Territory,  Congress  to  control  164. 
Titles  of  nobility,  not  to  be  granted  136,  137. 
Treason,  Congress  to  fix  punishment  158. 
Treason,  disability  to  hold  office  187. 
Treason,  of  what  consists,  evidence  requisite 

157. 

Treaties,  how  negotiated  149. 
Treaty  or  alliance,  state  cannot  make  137. 
Treaty,  supreme  law  of  land  168. 
Treasurer,  to  publish  receipts  and  disburse- 
ments 135. 
Treasury,  money  not  to  be  drawn  from  except 

on  appropriation  135. 

Trial,  right  to  speedy  and  public,  by  jury  176. 
Twice  in  jeopardy,  forbidden  175. 
United     States,   powers   not    delegated    to, 

reserved  to  states  180. 
Vessels,  freedom  of  134. 
Veto  power  of  president  109,  110. 
Vice-president  elected,  how  141,  142,  182. 

Casting  vote  in  case  of  tie  in  senate  96. 

President  of  senate  96. 

Succeed  president,  when  145. 

Term  of  office  140. 

To  act  as,  on  failure  to  choose  president  182. 
Vote,  right  of  citizen  to,  not  to  be  abridged  190. 
War,  civil  rights  may  be  suspended  during  175. 
War,  Congress  may  declare  121. 
War,  state  not  to  engage  in,  when  139. 


Weights  and  measures,  Congress  to  regulate 
115. 

Witness  against  self,  person  cannot  be  com- 
pelled to  be  175. 

Witnesses,  right  of,  compulsory  process  for 
176. 

Witnesses,  right  to  be  confronted  with  176. 

Writ  of  habeas  corpus,  when  may  be  sus- 
pended 130. 

CONSTITUTION,  STATE 

Absence  from  state  of  judicial  officer,  pen- 
alty for  (.art.  vi,  sec.  17)  332. 

Leave  of,  not  to  be  granted  by  legislature 
to  judicial  officer  (art  vi,  sec.  17)  332. 

Or  inability  of  governor  and  lieutenant- 
governor,  president  pro  tempore  of  sen- 
ate to  act  (art.  v,  sec.  17)  8.1.0. 
Absent  members  of  legislature,  attendance 

may  be  compelled  (art.  iv,  sec.  13)  271. 

Accused,  not  to  be  compelled  to  be  a  witness 

against  himself  (art.  i,  sec.  8)  237. 

Right  to  appear  and  defend  in  person  or 

by  counsel  (art.  i,  sec.  8)  237. 
Act,  special,  municipal  corporations  may  be 

formed  under  (art.  viii.  sec.  1)  338. 
Action,  civil :  There  shall  be  but  one  form 
and   law   and   equity  may   be   adminis- 
tered in  same  (art.  vi,  sec.  14)  320. 

Trial  by  jury  secured  but  may  be  waived 

(art.  i,  sec.  3)  232. 

Action,  criminal,  for  libel,  truth  may  be 
given  in  evidence,  when  jury  may  acquit 
(art.  i,  sec.  9)  238. 

If  offense  amounts  to  felony,  supreme  court 
has  appellate  jurisdiction  on  questions 
of  law  alone  (art.  vi,  sec.  4)  319. 

Legislature  not  to  pass  local  or  special 
law  for  change  of  venue  (art.  vi,  sec. 
20)  278. 

No  person  to  be  twice  put  in  jeopardy  nor 
to  be  compelled  to  be  witness  against 
himself  (art.  i,  sec.  8)  237. 

Right  of  indictment  or  presentment,  ac- 
cused may  appear  with  counsel  (art.  i, 
sec.  8)  237. 

Action,  for  forcible  entry  and  unlawful  de- 
tainer, district  court  has  jurisdiction 
(art.  vi,  sec.  6)  321. 

For  libel,  truth  may  be  given  in  evidence 
(art.  i.  sec.  9)  238. 

In  equity,  supreme  court  has  appellate 
jurisdiction  (art.  vi,  sec.  4)  319. 

May  be  brought  by  or  against  corporation 
same  as  individual  (art.  viii,  sec.  5)  342. 

Provision  may  be  made  by  general  law  for 
bringing  against  the  state  (art.  iv,  sec. 
22)  280. 

Actions,  at  law  in  which  supreme  court  has 
appellate  jurisdiction  (art.  vi,  sec.  4)319. 

At  law.  when  district  court  has  jurisdic- 
tion (art.  vi.  sec.  6)  321. 

Civil,  not  included  in  general  provisions 
of  law  and  equity,  supreme  court  has 
appellate  jurisdiction  (art.  vi,  sec.  4)319. 

In  equity,  district  court  has  jurisdiction 

(art  vi,  sec.  6)  321. 
Acts,  of  Territory  of  Nevada  in  force  at  time 

of  admission  of  state  to  remain  in  force 

until  repealed  (art  xvii,  sec.  2)  386. 


2307 


INDEX 


Constitution,  state 


Adjournment  of  legislature,  by  governor  ( .art. 

v.  sec.  11)  304. 

From  clay  to  day  (art.  iv,  sec.  13)  271. 
Neither  house  to  adjourn  for  more  than 
three  days  or   to  other  place  without 
consent  of  other  house  (art.  iv,  sec.  15) 
273. 
Administrators,    public,   may   be   elected   or 

abolished  (art.  iv,  sec.  32)  290. 
Adoption  of  constitution   of  United   States 

by  state  (art.  i,  sec.  2)  227,  231. 
Aflirmation  or  official  oath  (art.  xv,  sec.  2) 

370. 

Agriculture,  mechanic  arts  and  military  tac- 
tics, college  for.  investment  of  funds  by 
regents  of  state  university  (art.  xi,  sec. 
8)360. 

To  be  a  department  of  the  state  univer- 
sity (art.  xi,  sec.  4)  35G. 
Agricultural  improvement,  to  be  encouraged 

by  the  legislature  (art.  xi,  sec.  1)  353. 
Aid  of  state  to  corporations  prohibited  (art. 

viii.  sec.  9)  346. 

Allegiance,  paramount  (art.  i,  sec.  2)  231. 
Amendment.  of  statute  not  to  be  made  by 
reference  to  title  only,  reenactment  at 
length  (art.  iv.  sec.  17)  275. 
Proposed  to  art.  xv,  sec.  3,  passed  at  legis- 
lative sessions  1909,  1911,  subject  to 
ratification  by  people  at  general  elec- 
tion 1912.  provides  that  certain  females 
may  he  eligible  for  deputy  superintend- 
ent of  public  instruction  or  notary  pub- 
lic 371. 

Proposed  to  constitution  by  adding  to  art. 
xix.  sec.  .">.  passed  at  legislative  sessions 
1909.  I'.HI.  subject  to  ratification  by 
people  at  general  election  1932,  provides 
for  initiative  and  further  in  regard  to 
referendum  413. 

Proposed  to  constitution,  art.  xi,  sec.  3, 
passed  at  legislative  sessions  1909,1911, 
subject  to  ratification  by  people  at  gen- 
era i  election  1912.  provides  for  the  in- 
vestment of  school  moneys  in  bonds  of 
any  county  in  the  state  355. 
Proposed  to  sec.  1.  art.  ii,  of  the  constitu- 
tion, passed  at  legislative  session  1911, 
subject  to  approval  by  the  legislature 
of  1913  and  ratification  later  by  the  peo- 
ple, provides  that  there  shall  be  no  de- 
nial of  elective  franchise  on  account  of 
sex  250. 

Proposed  to  sec.  8,  art.  i,  of  the  constitu- 
tion, passed  at  legislative  sessions  1909, 
1911,  subject  to  ratification  by  the  peo- 
ple at  general  election  1912,  provides 
that  persons  accused  of  crime  may  be 
prosecuted  by  information  as  well  as  by 
indictment  237. 

Proposed  to  sec.  8,  art.  ii,  of  the  constitu- 
tion, passed  at  legislative  sessions  1909, 
1911.  subject  to  ratification  by  the  peo- 
ple at  general  election  1912,  provides 
that  any  public  officer  in  the  state  may 
be  recalled  257. 

To  art.  xv,  sec.  2,  of  the  constitution,  pre- 
scribing official  oath,  proposed  and 
passed  at  legislature  1911,  subject  to 
approval  and  ratification  by  the  peo- 
ple at  the  succeeding  election  37<>. 


Amendments  to  constitution,  how  may  be 
proposed,  passed,  published  and  ratified 
( art.  xvi,  sec.  1)  383.  See  also  1842,  1879. 
Annual  tax,  legislature  shall  provide  for  to 
meet  expenses  of  state  for  fiscal  year,  or 
ensuing  two  years,  and  deficiencies  (art. 
ix,  sec.  2)  349. 

Appeal,  from  justice's  courts,  legislature 
may  prescribe  regarding  (art.  vi,  sec.  8) 
323. 

In  civil  actions  special  court  fee  to  be 
advanced  to  clerk  by  party  taking  and 
applied  to  judge's  compensation  (art.  vi, 
see.  115)  331. 

Appellate    jurisdiction,    district    court    has 
final,    in   cases  appealed  from  justice's 
court  (art.  vi,  sec.  6)  321. 
<)f  supreme  court  (art.  vi,  sec.  4)  319. 
Appointment,  or  choosing  of  officers  whose 
election  or  appointment  is  not  otherwise 
provided  for  may  be  made  as  prescribed 
by  law  (art.  xv,  sec.   10)  378. 
When  not  to  be  made  of  assemblyman  or 
senator  to  office  created  during  his  term 
(art.  iv,  sec.  8)  266. 

Apportionment,   of   senators   and   assembly- 
men (art.  xvii,  sees.  6,  9,  10)390,  393.  394. 
of  senators  and  assemblymen  to  be  based 

on  population  (art.  xvi.  sec.   i:i)  381. 
To  the  several  counties  of  moneys  pledged 
for  school  purposes  to  be  made  by  law 
(art.   xi.   sec.  3)  355. 

Appropriation,  for  standing  army  not  to  be 
for  longer  than  two  years  (art  i,  sec.  11) 
240. 

Appropriations,  no  money  to  be  drawn  from 
state  treasury  except  under  (art.  iv,  sec. 
1!»  277. 

To  be  made  for  payment  of  state  indebt- 
edness (art.  ix,  sec.  3)  350. 
Archives  and  records  of  Territory  of  Nevada 

vested  in  state  (art.  xvii,  sec.  4)  388. 
Anns,  public,  safe  keeping  of  (art.  xii,  sec. 

1  »  303. 

Army,    appropriation    for    in    time    of    war 

limited  to  two  years  (art.  i,  sec.  11)  240. 

Standing,  not  to  be  maintained  in  time 

of  peace  (art.  i,  sec.  11)  240. 
Arrest,   of  elector  on  civil   process   not  to 
be  made  on  election  day  (art.  ii,  sec.  4) 
253. 

On  civil  process,  members  of  legislature 
exempt  from  during  session  and  for  15 
days  before  (art.  iv,  sec.  11)  269. 
Assemblage,  right  of  assured  (art.  i,  sec.  10) 

239. 
Assembly,  bill  may  originate  or  be  amended 

in  (art.  iv,  sec.  16)  274. 
Has  sole  power  of  impeachment,  majority 
of  all  members  necessary  (art.  vii,  sec. 
1 )  334. 

Judge   of   qualifications   of   its   members, 
may  choose  officers  and  punish  or  ex- 
pel members  (art.  iv,  sec.  6)  264. 
May  punish  or  imprison  person  not  mem- 
ber (art.  iv,  sec.  7)  265. 
Speaker  of  to  receive  $2  per  day  addi- 
tional (art.  iv,  sec.  33)  291. 
Assembly  and  senate,  legislative  authority 

vested  in  (art  iv,  sec.  2)  259. 
Assemblymen,    compensation    of  (art.    xvii, 
sec.  5)  389. 


Constitution,  state 


INDEX 


2308 


A  ssemb  1  y  m  en — cont  inued. 

Compensation  not  to  be  increased  or  dim- 
inished during  session  (art.  iv,  sec.  28) 
286. 

Compensation  to  be  fixed  by  law,  not  to 
be  increased  during  session  (art.  iv, 
sec.  22)  291. 

Payment  of  expense  of  for  postage,  ex- 
press charges,  newspapers  and  station- 
ery (art.  iv,  sec.  33)  291. 

People  have  right  to  instruct  (art.  i,  sec. 
10)  239. 

Prohibited  from  receiving  fees  or  per- 
quisites (art.  xvii,  sec.  5)  389.  . 

Qualifications  (art.  iv,  sec.  5)  263. 

Term  of  office  to  be  two  years  (art.  iv, 
sec.  3;  art.  xvii,  sec.  10)  261,  394. 

To  be  apportioned  according  to  population 
(art.  i,  sec.  13)  242. 

Vacancy  in  office,  governor  to  issue  writ 
to  fill  (art.  iv,  sec.  12)  270. 

When  to  be  elected  (art.  iv,  sec.  3)  261. 

When  not  to  be  appointed  to  office  created 

during  term  (art.  iv,  sec.  8)  266. 
Assessment,  and  collection  of  state,  county 
and  township  taxes,  local  or  special  law 
invalid  (art.  iv,  sec.  20)  278. 

By  cities  or  towns,  legislature  to  restrict 
(art.  viii,  sec.  8)  345. 

District  court  has  jurisdiction  of  cases 
involving  legality  of  (art.  vi,  sec.  6)321. 

In  action  involving  legality  supreme  court 
has  appellate  jurisdiction  (art.  vi,  sec. 
4)  319. 
Assessment  and  taxation,  how  to  be  made 

upon   all   property,   including  mines,   ex- 
emptions (art  x,  sec.  1)  352.    See  Revenue. 
Associations,  when  state  shall  not  donate  or 

loan  money  or  subscribe  to  (art.  viii,  sec. 

9)  346. 

Assumption,  by  state  of  debt  of  territory 
(art  xvii,  sec.  7)  391. 

Of  debt  of  counties,  towns  or  cities  by 

state  prohibited  (art.  ix,  sec.  4)  351. 
Attainder,  bill  of  not  to  be  passed  (art.  i, 

sec.  15)  244. 

Attendance,  of  absent  members  of  the  legis- 
lature may  be  compelled  (art.  iv,  sec.  13) 
271. 

On  public  schools  to  be  secured  by  legis- 
lature (art.  xi,  sec.  2)  354. 
Attorney-general,   election,   term,   eligibility 
(art.  v,  sec.  19)  312. 

Member  of  board  of  pardons,  and  to  per- 
form other  duties  (art.  v,  sees.  14,  22) 
307,  315. 

Member  of  board  of  state  prison  commis- 
sioners and  board  of  examiners  (art.  v, 
sec.  21 )  314. 

Prohibited  from  receiving  fees  or  perqui- 
sites (art.  xvii,  sec.  5)  389. 

To  perform  duties  prescribed  by  law  (art. 

v,  sec.  22)  315. 

Bail,  excessive  not  to  be  required  (art.  i,  sec. 
6)  235. 

To  be  allowed  in  all  cases  unless  for  capi- 
tal offense  when  proof  is  evident  or  pre- 
sumption great  (art.  i,  sec.  7)  236. 
Ballot,  election  by  people  to  be  by  (art.  ii, 

sec.  5)  254. 
Bequeathed  property,  to  the  state,  pledged  to 

educational  purposes  (art.  xi,  sec.  3)  355. 


Bill,  enacting  clause  of  (art.  iv,  sec.  23)  281. 

How  may  be  passed  over  governor's  veto 
(art.  iv,  sec.  35)  293. 

Legislative,  method  of  reading,  passage 
and  signing  (art.  iv,  sec.  18)  276. 

Legislative,  to  embrace  but  one  subject 
(art.  iv,  sec.  17)  275. 

May  originate  or  be  amended  in  either 
house  of  the  legislature  (art.  iv,  sec.  16) 
274. 

Xo  law  to  be  enacted  except  by  (art.  iv, 
sec.  23)  281. 

When    becomes    law    without    governor's 

approval  (art.  iv,  sec.  35)  293. 
Blind,  deaf  and  dumb,  institution  for  to  be 

supported  by  state  (art.  xiii,  sec.  1)  365. 
Board  of  county  commissioners,  legislature 

to  provide  for  in  each  county  and  duties 

(art.  iv,  sec.  26)  284. 
Board  of  examiners,   how  constituted  and 

powers  (art.  v,  sec.  21)  314. 
Board  of  pardons,  personel  and  powers  (art. 

v,  sec.  14)  307. 

Board  of  regents  of  university,  from  accru- 
ing interest  to  maintain  mining  depart- 
ment (art.  xi,  sec.  8)  360. 

Legislature  to  provide  for  and  define  their 
duties  (art.  xi,  sec.  7)  359. 

To  control  state  university,  duties  to  be 
prescribed  by  law  (art.  xi,  sec.  4)  356. 

To  invest  in  separate  fund,  to  be  irreduci- 
ble, proceeds  from  land  granted  by  act 
of  Congress  of  July  2,  1862,  for  college 
for  benefit  of  agriculture,  mechanic  arts 
and  military  tactics  (art.  xi,  sec.  8)360. 
Board  of  state  prison  commissioners,  how 

constituted  (art.  v,  sec.  21)  314. 
Bonds,  amendment  proposed  to  art.  xi,  sec. 
3,  of  the  constitution,  passed  at  the  legis- 
lative sessions  1909,  1911,  subject  to 
ratification  by  the  people  at  the  general 
election  1912,  provides  for  the  invest- 
ment of  school  moneys  in  bonds  of  any 
county  in  the  state  355. 

Of  the  United  States  or  any  state,  legisla- 
ture may  invest  school  moneys  in  (art. 
xi,  sec.  3)  355. 

State    may    not    incur    debt    exceeding 

$300,000  (art.  ix,  sec.  3)  350. 
Boundary  of  state  defined,  may  include  addi- 
tional territory  if  authorized  by  Congress 

and  State  of  California  (art  xiv,  sec.  1) 

368. 

Bribery,  conviction  excludes  from  jury  un- 
less restored  to  civil  rights  (art.  iv,  sec. 
27)  285. 

In  relation  to  election  or  procurement  of 
office  disqualifies  from  holding  office 
(art.  iv,  sec.  10)  268. 

Laws  to  be  passed  preventing  at  elections 

(art.  iv,  sec.  27)  285. 
California,  State  of  Nevada  may  be  enlarged 

by  relmquishment  of  territory  by  (art.  xiv, 

sec.  1)  368. 

Canvass  of  returns,  of  election  for  ratifica- 
tion of  constitution  419. 

Of  election  for  state  officers  by  chief  jus- 
tice and  associate  justices  (art.  v,  sec. 
4)  297. 
Capital  offenses,  bail  not  to  be  allowed  if 

proof  evident  or  presumption  great  (art. 

i,  sec.  7)  236. 


2309 


INDEX 


Constitution,  state 


Capital,  terms  of  supreme  court  to  be  held 

at  (art.  vi,  sec.  7)  322. 
To  be  at  Carson  City  (art.  xv,  sec.  1)369. 
Carson  City,  to  be  seat  of  government  (art. 

xv,  sec.  1)  3C!>. 

Census,  to  be  taken  under  direction  of  legis- 
lature if  deemed  necessary,  and  with  that 
taken  under  direction  of  Congress  to  serve 
as  basis  of  representation  in  legislature 
(art.  xv,  sec.  13)  381. 
Certiorari,  supreme  court  empowered  to  issue 

writ  of  (art.  vi,  sec.  4)  319. 
Writ  of,  district  court  or  judge  may  issue 

(art  vi,  sec.  6)  321. 
Changing  names  of  persons,  local  or  special 

laws  for,  invalid  (art.  iv,  sec.  20)  278. 
Charitable    association    or    company,    state 
may  loan,  donate  or  subscribe  to  (art.  viii, 
sec.  9)  346. 
Charitable   corporation,    may    be   exempted 

from  taxation  (art.  viii,  sec.  3)  339. 
Chief  justice,  and  associate  justices  to  can- 
vass returns  for  state  officers  (art.  v, 
sec.  4)  297. 

For  reasonable  cause  may  be  removed  on 
two-thirds  vote  of  members  elected  to 
each  branch  of  the  legislature  (art.  vii, 
sec.  3)  :r,u. 

Of  supreme  court  is  justice  with  shortest 
term,  but  if  commissions  of  two  bear 
same  date,  chief  justice  shall  be  deter- 
mined by  lot  (art.  vi,  sec.  3)  318. 
To  preside  over  senate  on  trial  of  impeach- 
in  €'ii t  of  governor  or  lieutenant-governor 
(art.  vii,  sec.  1)  334. 

Cities,  legislature  shall  provide  for  organiza- 
tion of  by  general  laws  and  restrict  their 
powers  except  for  procuring  water  (art. 
viii,  sec.  8)  345. 

Cities  and  towns,  legislature  to  restrict  pow- 
ers of  taxation,  assessment,  borrowing 
money,  contracting  debts  and  loaning 
credit  except  for  procuring  water  (art.  viii, 
sec.  8)  345. 

City,  indebtedness  or  liability  to,  local  or 
special  law  releasing,  invalid  (art.  iv, 
sec.  20)  278. 

Shall  not  become  stockholder  in  or  loan 
to  any  company,  corporation  or  associa- 
tion except  railroad  company  (art.  viii, 
sec.  10)  347. 
State  not  to  assume  debt  of  unless  created 

for  public  defense  (art.  ix,  sec.  4)  351. 
To  make  provision  for  support  of  its  own 
officers  subject  to  regulations  prescribed 
by  law  (art.  xvii,  sec.  21)  405. 
Citizen  of  United  States,  lands  of  in  this 
state  not  to  be  taxed  higher  than  lands 
of  resident  228. 

Male,  right  of  suffrage  or  office-holding 
not  to  be  withheld  from  by  reason  of 
color  or  previous  condition  of  servitude 
(art.  xviii,  sec.  1)  411. 

Civil  action,  special  court  fee  to  be  advanced 
to  clerk  by  party  bringing  or  taking 
appeal  and  applied  to  judge's  compensa- 
tion (art.  vi,  sec.  16)  331. 
There  shall  be  but  one  form  and  law  and 
equity  may  be  administered  in  same 
(art.  vi,  sec.  14)  329. 

Trial  by  jury  secured  but  may  be  waived 
(art.  i,  sec.  3)  232. 


Civil  actions,  not  included  in  general  pro- 
visions of  law  and  equity,  supreme  court 
lias  appellate  jurisdiction  (art.  vi,  sec.  4) 
319. 

Civil  cases,  legislature  by  two-thirds  vote 
may  require  unanimous  verdict  (art.  i,  sec. 
3)  232. 

Civil  officer,  governor  to  transact  executive 
business  with  and  may  require  informa- 
tion (art.  v,  sec.  6)  299. 
Civil  practice,  local  or  special  laws  relating 

to  are  invalid  (art.  iv,  sec.  20)  278. 
Civil  power,  military  subordinate  to  (art.  i, 

sec.  11)  240. 

Civil    process,    elector   not   to   be   arrested 
under  on  election  day  (art.  ii,  sec.  4)253. 
Members  of  legislature  exempt  from  arrest 
under  during  session  and  for  15  days 
before  (art.  iv,  sec.  11)  269. 
Civil  rights,  certain  convicts  excluded  from 
juries  unless  restored  to  (art.  iv,  sec.  27) 
285. 

Restoration  allows  person  convicted  of 
crime  to  serve  as  juror  (art.  iv,  sec.  27) 
285. 

Claim  against  state,  incurred  when  its  lia- 
bilities exceed  $300,000  shall  be  void 
(art.  ix,  sec.  3)  350. 

When  not  to  be  passed  upon  by  legislature 
without  being  acted  upon  by  board  of 
examiners  (art.  v,  sec.  21)  314. 
Claims,  all  against  the  state  to  be  examined 
by  board  of  examiners,  except  salaries  or 
fixed  compensation  of  officers  (art.  v,  sec. 
21)  314. 

Clerk  of  supreme  court,  to  keep  office  at 
scat  of  government  (art.  xv,  sec.  12)  380. 
College  of  agriculture,  mechanic  arts  and 
military  tactics,  investment  by  board  of 
regents  of  state  university  of  funds  from 
land  grants  by  Congress  (art.  xi,  sec.  8) 
360. 

Commander-in-chief,   of  military   forces   of 

state,  governor  to  be  (art.  v,  sec.  5)  298. 

When  governor  may  continue  as  in  time 

of  war  out  of  state  (art.  T,  sec.  18)  311. 

Commissions,  to  be  signed  by  governor  and 

secretary  of  state  and  under  great  seal 

(art.  v,  sec.  16)  309. 

Common  school,  district  neglecting  to  main- 
tain school  or  allowing  sectarian  in- 
struction may  be  deprived  of  proportion 
of  public  school  funds  (art.  xi,  sec.  2) 
354. 

Legislature  to  provide  for  at  least  six 
months  annually  in  each  district  and  to 
pass  laws  requiring  attendance  (art.  xi, 
sec.  2)  354. 

Common  schools  and  university,  legislature 
to  provide  special  tax  for  (art.  xi,  sec.  6) 
358. 

Compensation  and  fees  of  county  and  town- 
ship officers,  legislature  may  regulate  (art. 
iv,  sec.  20)  278. 

Condemnation,  property  shall  not  be  taken 
for  public  use  without  just  compensa- 
tion having  been  first  made  or  secured, 
exception  (art.  i,  sec.  8)  237. 
Right  of  way  not  to  be  appropriated  to 
use  of  corporation  until  compensation 
is  made  or  secured  (art.  viii,  sec.  7)  344. 


Constitution,  state 


INDEX 


2310 


Congress,  territory  of  state  may  be  enlarged 

by  authorization  of  (art.  xiv,  sec.  1)  368. 
Conscience,  liberty  of  not  to  excuse  acts  of 

licentiousness  (art.  i,  sec.  4)  233. 
Constable,  local  or  special  laws  relating  to 

jurisdiction  and  duties  of,  invalid  (art.  iv, 

sec.  20)  278. 

Constitution,  amendment  proposed  to  art. 
xi,  sec.  3,  passed  at  legislative  sessions 
of  1909,  1911,  subject  to  ratification  by 
the  people  at  general  election  1912,  pro- 
vides for  the  investment  of  school  mon- 
eys in  bonds  of  any  county  in  the  state 
355. 

Amendment  proposed  to  art  xv,  sec.  3, 
passed  at  the  legislative  sessions  1909, 
1911,  subject  to  ratification  by  the  peo- 
ple at  general  election  1912,  provides 
that  certain  females  may  be  eligible  for 
deputy  superintendent  of  public  instruc- 
tion or  notary  public  371. 

Amendment  proposed  to  sec.  1,  art.  ii, 
passed  at  legislative  session  1911,  subject 
to  approval  by  the  legislature  of  1913 
and  to  ratification  later  by  the  people, 
provides  that  there  shall  be  no  denial 
of  elective  franchise  on  account  of  sex 
250. 

Amendment  proposed  to  sec.  8,  art  i,  passed 
at  the  legislative  sessions  1909,  1911, 
subject  to  ratification  by  the  people  at 
general  election  1912,  provides  that  per- 
sons accused  of  crime  may  be  prosecuted 
by  information  as  well  as  by  indict- 
ment 237. 

Amendment  proposed  to  sec.  8,  art.  ii, 
passed  at  the  legislative  sessions  1909, 
1911,  subject  to  ratification  by  the  peo- 
ple at  the  general  election  1912,  pro- 
vides that  any  public  officer  in  the  state 
may  be  recalled  257. 

Amendment  to  art.  xv,  sec.  2,  prescribing 
official  oath,  proposed  and  passed  at 
legislative  session  1911,  subject  to  ap- 
proval and  ratification  by  the  people  at 
the  succeeding  general  election  370. 

Amendment  proposed  by  addition  of  sec. 
3  to  art  xix,  passed  at  the  legislative 
sessions  1909,  1911,  subject  to  ratifica- 
tion by  the  people  at  the  general  elec- 
tion 1912,  provides  for  initiative  and 
further  in  regard  to  referendum  413. 

Certification  and  ratification  of  to  presi- 
dent of  United  States  419. 

Election  for  ratification  of,  ordinance,  pro- 
visions 414-427. 

How    amendments   to    may   be   proposed, 
passed,  published  and  ratified  (art.  xvi, 
sec.  1)  383. 
Constitutional   convention,  how  called  (art. 

xvi.  sec.  2)  384. 

Constitutional  debates,  provision  for  publi- 
cation of  (art.  xvii,  sec.  26)  410. 
Constitutional  oath  (art.  xv,  sec.  2)  370. 

School  teachers  required  to  take  (art.  xi, 

sec.  5)  357. 
Constitutional  powers  of  the  United  States 

as  defined  by  supreme  court,  paramount 

allegiance  to  (art.  i,  sec.  2)  231. 
Constitution  of  the  United  States,  adoption 

of  (art.  i,  sec.  2)  231.  227. 


Contempt,  either  house  of  legislature  may 

punish  or  imprison  for  (art.  iv,  sec.  7)265. 
Contracts,  law  impairing  obligation  of  not 

to  be  passed  (art.  i,  sec.  15)  244. 
Controller,  election,  term,  eligibility  (art.  v, 
sec.  19)  312. 

To  perform  duties  prescribed  by  law  (art. 

v,  sec.  22)  315. 

Conviction,  of  bribery  or  embezzlement  of 
public  funds  disqualifies  from  holding 
office  (art.  iv,  sec.  10)  268. 

Of  certain  crimes  excludes  elector  from 
jury  unless  restored  to  civil  rights  (art. 
iv,  sec.  27)  285. 

See  Criminal  Practice. 

Corporations,  dues  may  be  secured  as  pre- 
scribed by  law,  but  corporators  not  in- 
dividually liable  for  debts  (art.  viii, 
sec.  3)  340. 

Formed  under  laws  of  Territory  of  Nevada 
subject  to  those  laws  and  state  laws 
(art.  viii,  sec.  4)  341. 

May  be  formed  only  under  general  laws, 
which  may  be  altered  or  repealed,  muni- 
cipal corporations  excepted  (art.  viii, 
sec.  1 )  338. 

May  sue  and  be  sued  same  as  individuals 
(art.  viii,  sec.  5)  342. 

Municipal  may  be  formed  under  special 
act  (art.  viii,  sec.  1)  338. 

Property  of  subject  to  taxation  same  as 
individuals ;  corporations  formed  for 
municipal,  charitable,  religious  or  edu- 
cational purposes  may  be  exempted  by 
law  (art.  viii,  sec.  2)  339. 

Rates  of  certain  may  be  regulated  by  the 
legislature  (art.  iv,  sec.  20)  278. 

Rights  of  way  not  to  be  appropriated  to 
use  of  until  compensation  is  made  or 
secured  (art.  viii,  sec.  7)  344. 

State  not  to  assume  debt  of  unless  created 

for  public  defense  (art.  ix,  sec.  4)  351. 

Counsel,   right  of  accused  to   have  (art.    i, 

sec.  8)  237. 

Counties,  apportionment  to  of  moneys  pledged 
to  school  purposes  to  be  made  by  law 
(art.  xi,  sec.  3)  355. 

To  provide  for  indigents  as  may  be  pre- 
scribed by  law  (art.  xiii,  sec.  2)  366. 
County,  indebtedness  or  liability  to,  local  or 
special    law   releasing,    invalid  (art.    iv, 
sec.  20)  278. 

Shall  not  become  stockholder  in  or  loan 
to  any  company,  corporation  or  associa- 
tion except  railroad  company  (art.  viii, 
sec.  10)  347. 

State  not  to  assume  debt  of  unless  created 
for  public  defense  (art.  ix,  sec.  4)  351. 

To  make  provisions  for  support  of  its  own 
officers  subject  to  regulations  prescribed 
by  law  (art.  xvii,  sec.  21)  405. 
County  business,  local  or  special  law  regu- 
lating, invalid  (art.  iv.  sec.  20)  278. 
County  commissioners,  board  of,  legislature 

to    provide    for    in   each    countv  (art.    iv, 

seo.  26)  284. 
County  funds,  not  to  be  used  for  sectarian 

purposes  (art.  xi,  sec.  10)  362. 
County  government,  legislature  to  establish 

uniform  (art.  iv,  sec.  25)  283. 
County  officers,  fees  of  may  be  regulated  by 
legislature  (art.  iv,  sec.  20)  278. 


2311 


INDEX 


Constitution,  state 


County  officers — continued. 

Legislature  may  regulate  fees  and  com- 
pensation (art.  iv,  sec.  20)  278. 
Local  or  special   law   for  regulating  elec- 
tion, invalid  (art.  iv,  sec.  20)  278. 
To  hold  their  offices  at  county-seat  (art. 

xv,  sec.  7)  375. 
County-seat,    district    court    to    be    held    at 

i  art.  vi,  sec.  7)  322. 
Officers  to  hold  their  offices  at  (art.  xv, 

sec.  7)  37.",. 

County  treasury,  local  or  special  law  refund- 
ing money  paid  into,  invalid  (art.  iv,  sec. 
20)  278. 
Court,  district  jurisdiction  of  (art.  vi,  sec.  6) 

821. 

District,  may  issue  writs  of  mandamus, 
injunction,  quo  warranto,  certiorari. 
habeas  corpus  and  other  writs  <art.  vi, 

sec.  (!)  3L'l. 

District,   times  of   holding  to  be  as  fixed 

by    law    and    to    be    at    county-seat,    but 
-    legislature  may  >.,vide  county  into  two 

or    moiv   districts   and   designate   place 

of  holding  court  (art.  vi.  sec.  7)  :\'2'2. 
Justice's,    lias    such    criminal    jurisdiction 

as   may   be   prescribed  by  law  (art.   vi, 

•tc.  s»  :;i_>:;. 
Justice's,  jurisdiction  of  (art.  vi,  sec.  8) 

823. 
Of  record,  justices  of  the  peace  not  to  try 

cases  in  conflict  with  (art.  vi.  sec.  8)323. 
Supremo,  times  of  holding  to  be  as  fixed 

by  law  and  to  be  at  seat  of  government 

(art.  vi,  sec.  7)  322. 

Court  fee.  to  be  advanced  to  clerk  by  party 
bringing  action  or  taking  appeal  and  ap- 
plied to  compensation  of  judge  (art.  vi, 

sec.  10)  331. 

Courts,  inferior,  in  cases  appealed  from  dis- 
trict court  has  final  appellate  jurisdic- 
tion (art.  vi,  sec.  6)  321. 
Judicial  power  of  slate  vested  in  supreme 
court,  district  courts,  justices  of  the 
peace  and  municipal  courts  (art.  vi,  sec. 
1)  3K5. 

Justice's,  legislature  may  prescribe  regard- 
ing appeals  from  (art.  vi,  sec.  8)  323. 
Legislature  may  establish  for  municipal 

purposes  (art.  v.  sec.  21)  316. 
Persons  having  judicial  powers  not  to  ex- 
ercise  functions   pertaining   to    legisla- 
tive or  executive  departments  (art.  iii, 
sec.   1)  258. 

Supreme  and  district  and  such  other  as 
the  legislature  may  designate  are  courts 
of  record  (art.  vi,  sec.  8)  323. 
Courts  of  justice,  local  or  special  laws  re- 
lating to  practice,  invalid  (art.  iv,  sec.  20) 
278. 

Criminal  cases,  amounting  to  felony  supreme 
court  has  appellate  jurisdiction  (art.  vi, 
sec.  4)  319. 

District  court  has  jurisdiction  when  not 
otherwise  provided  (art.  vi,  sec.  o)  321. 
Criminal  practice,  witnesses  not  to  be  un- 
reasonably detained  (art.  i,  sec.  6)  235. 
Crime,  bail  to  be  allowed  in  all  cases  unless 
for  capital  offense  when  proof  evident 
or  presumption  great  (art.  i,  sec.  7)  236. 


Crime — continued. 

No  person  to  be  tried  for  capital,  infa- 
mous, except  on  presentment  or  indict- 
inent,  exception  (art.  i,  sec.  8)  237. 

Slavery  or  involuntary  servitude  not  to 
be  tolerated  except  as  punishment  for 
(art.  i,  sec.  17)  246. 

Crimes,  accused  not  to  be  compelled  to  be 
witness  against  himself  (art.  i,  sec.  8) 
237. 

Action  for  libel,  truth  may  be  given  in 
evidence,  when  jury  may  acquit  (art.  i, 
sec.  0)  238. 

District  court  has  jurisdiction  when  not 
otherwise  provided  (art.  vi,  sec.  6)  321. 

dovernor  may  suspend  collection  of  fines 
and  forfeitures  and  grant  reprieve  not 
exceeding  «>()  days,  except  in  cases  of 
impeachment  (  art.  v,  sec.  13)30(5. 

Legislature  not  to  pass  local  or  special 
laws  relating  to  (art.  iv,  sec.  20)  278. 

No  person  to  be  twice  put  in  jeopardy  for 
same  offense  (art.  i,  sec.  8)  237. 

Persons  convicted  of  certain,  to  be  ex- 
cluded from  juries  unless  restored  to 
civil  rights  (art.  iv,  sec.  27)  285. 

Treason  defined  (art.   i.  sec.    ID)  2  IS. 
Cruel  punishment  not  to  be  inflicted  (art.  i, 

sec.  r>)  L':::,. 
Currency,  only  federal  to  circulate  as  money 

(art.  viii.  sec.  <>)  31:5. 

Deaf  and  dumb,   institution    for  to  be  sup- 
ported by  the  state  (art.  xiii.  sec.  1)  365. 
Debt,  of  county,  town,  city  or  corporation, 
state    not    to   assume    unless   created   to 
repel  invasion,  suppress  insurrection,  or 
for  public  defense  (art.  ix,  sec.  4)  351. 

NII    imprisonment   for  except   in  case  of 
fraud,  libel  or  slander  (art.  i,  sec.  14) 
24& 
Debtors,  reasonable  amount  of  property  may 

be  exempted  from  execution ( art.  i,  sec.  14) 

243. 
Deceased  persons,  estates  of,  district  court 

has  jurisdiction  (art.  vi,  sec.  6)  321. 
Decisions,  of  supreme  court,  concurrence  of 
majority  of  justices  necessary  (art.  vi, 

sec'.  2)  317. 

Of  supreme  court,  not  effective  until  opin- 
ions filed  with  clerk  (art.  xv,  sec.  8)376. 

Of  supreme  court,  judicial  and  laws  to  be 
free  for  publication  (art.  xv,  sec.  8)376. 

Of  supreme  court,  and  statutes,  legislature 
to  provide  for  publication  (art.  xv,  sec. 
8)  376. 

Declaration  of  rights  (art.  i,  sec.  1)  230. 
Deed,    invalid,   local   or  special   law  giving 

effect  to,  invalid  (art.  iv,  sec.  20)  278. 
Demand,   against  the  state   incurred  when 
its  liabilities  exceed  $300,000  shall  be 
void  (art.  ix,  sec.  3)  350. 

Exceeding  $300  exclusive  of  interest,  dis- 
trict court  has  jurisdiction  (art.  vi,  sec. 
6)  321. 

Exceeding  $300  exclusive  of  interest,  not 
to  be  tried  in  justice's  court  (art.  vi, 
sec.  8)  323. 

Exceeding  $300  exclusive  of  interest,  su- 
preme court  has  appellate  jurisdiction 
(art.  vi,  sec.  4)  319. 


Constitution,  state 


INDEX 


2312 


Departments  of  government,  legislative,  ex- 
ecutive, judicial  (art.  iii,  sec.  1)  258. 
Detainer,  unlawful,  district  court  has  juris- 
diction (art.  vi,  sec.  6)  321. 
District  court,   is  court  of  record  (art.  vi, 

sec.  8)  323. 

Jurisdiction  of  (art.  vi,  sec.  6)  321. 
May  issue  writs  of  mandamus,  injunction, 
quo  warranto,  certiorari,  habeas  corpus 
and  other  writs  (art.  vi,  sec.  6)  321. 
Or  judge,  supreme  court  may  make  writ 
of  habeas  corpus  returnable  before  (art. 
vi,  sec.  4)  319. 

Times  of  holding  to  be  as  fixed  by  law  and 
to  be  at  county-seat,  but  legislature  may 
divide  county  into  two  or  more  districts 
and  designate  place  of  holding  court 
(art.  vi,  sec.  7)  322. 

District  courts,  cases  in  territorial  probate 
courts  transferred  to  (art.  xvii,  sec.  23) 
407. 

Terms  and  salaries  of  judges  first  term 
under  constitution  (art.  xvii,  sees.  15, 16) 
399,  400. 

District  judge,  compensation  to  be  fixed  by 
law,  when  and  how  payable,  not  to  be 
increased  or  diminished  during  term 
(art.  vi,  sec.  15)  330. 

For  reasonable  cause  may  be  removed  by 

two-thirds  vote  of  members  elected  to 

each  branch  of  the  legislature  (art.  vii, 

sec.  3)  336. 

Governor  to  fill  vacancy  in  office  of  (art. 

xvii,  sec.  22)  406. 

Ineligible  to  any  office  except  judicial  dur- 
ing term  for  which  elected  (art.  vi,  sec. 
11)  326. 

May  issue  writs  of  mandamus,  injunction, 
quo  warranto,  certiorari,  habeas  corpus 
and  other  writs  (art.  vi,  sec.  6)  321. 
Salary  of  may  be  changed  subject  to  con- 
stitutional provisions  (art.  xvii,  sec.  17) 
401. 
Vacancy  in  office,  how  filled  (art.  xvii,  sec. 

22)  406. 
District  judges,  how  elected,  terms  of  office 

(art.  vi,  sec.  5)  320. 

Legislature  may  increase  or  diminish  num- 
ber, change  not  to  take  effect  except  in 
case  of  vacancy  or  expiration  of  term 
(art.  vi,  sec.  5)  320. 

Districts,  judicial,  legislature  may  provide 

for  and  number  of  judges,  change  not  to 

take  effect  except  in  case  of  vacancy  or 

expiration  of  term  (art.  vi,  sec.  5)  320. 

Ditch  companies,  rates  may  be  regulated  by 

the  legislature  (art.  iv,  sec.  20)  278. 
Divorce,  local  or  special  laws  for  granting 

are  invalid  (art.  iv,  sec.  20)  278. 
Duel,  person  who  has  fought  or  sent  chal- 
lenge since  adoption  of  constitution  not 
eligible  to  office  (art.  xv,  sec.  3)  371. 
Due  process  of  law,  person  shall  not  be  de- 
prived of  life,  liberty  or  property  without 
(art.  i,  sec.  8)  237. 

Dues  from  corporations  may  be  secured,  but 
corporators  not  individually  liable  for 
debts  (art.  viii,  sec.  3)  340. 


Education,  amendment  proposed  to  constitu- 
tion, art.  xi,  sec.  3,  passed  at  legislative 
sessions  1909,  1911,  subject  to  ratifica- 
tion by  the  people  at  general  election 
1912,  provides  for  the  investment  of 
school  moneys  in  bonds  of  any  county 
in  the  state  355. 

Certain  females  eligible  as  superintendent 
and  trustee  of  schools  (art.  xv,  sec.  3) 
371. 

Estates  that  escheat  to  the  state,  fines  col- 
lected under  penal  laws  and  property 
bequeathed  to  state  pledged  to  educa- 
tional purposes  and  interest  thereon  to 
be  proportioned  among  counties  as 
legislature  may  provide;  as  amended 
1889  (art.  xi,  sec.  3)  355. 

Lands  granted  by  United  States  to  state 
and  proceeds  dedicated  to  educational 
purposes  (art.  xi,  sec.  3)  355. 

Proceeds  from  land  granted  state  by  act 
of  Congress  of  July  2,  1862,  for  college 
for  benefit  of  agriculture,  mechanic  arts 
and  military  tactics  to  be  invested  by 
board  of  regents  of  university  in  sepa- 
rate fund  to  be  irreducible  (art.  xi,  sec. 
8)  360. 

Sectarian  instruction  not  to  be  imparted 
in  any  school  or  university  under  the 
constitution  (art.  xi,  sec.  9)  361. 

Special  tax  to  be  provided  by  legislature; 

as  amended  1889  (art.  xi,  sec.  6)  358. 
Educational   association  or  company,   state 

may  loan,  donate  or  subscribe  to  (art.  viii, 

sec.  9)  346. 
Educational  corporation,  may  be  exempted 

from  taxation  (art.  viii,  sec.  2)  339. 
Election,  and  terms  of  office  of  district  judges 
(art.  vi,  sec.  5)  320. 

For  ratification  of  state  constitution,  can- 
vass of  returns  419. 

For  ratification  of  state  constitution,  ordi- 
nance, provisions  414-427. 

For  ratification  of  state  constitution, 
qualification  of  electors  415,  416. 

For  state  officers,  if  tie  legislature  by  joint 
vote  to  elect  (art.  v,  sec.  4)  297. 

General,  to  be  held  on  Tuesday  next  after 
first  Monday  in  November  (art.  xv,  sec. 
5)  373. 

Of  assemblymen,  when  to  be  held  (art.  iv, 
sec.  3)  261. 

Of  county  and  township  officers,  local  or 
special  law  regulating,  invalid  (art.  iv, 
sec.  20)  278. 

Of  governor  (art.  v,  sec.  2)  295. 

Of  senators,  when  to  be  had  (art.  iv,  sec. 
4)  262. 

Of  superintendent  of  public  instruction, 
legislature  to  make  provision  for  (art. 
xi,  sec.  1)  353. 

Of  United  States  senator,  when  and  how 
to  be  had,  when  governor  may  convene 
legislature  in  joint  session  for  (art.  iv, 
sec.  34)  292. 

Plurality  of  votes  to  constitute  choice 
where  not  otherwise  provided  by  con- 
stitution (art.  xv,  sec.  14)  382. 


2313 


INDEX 


Constitution,  state 


Election — continued. 

Soldiers  and  sailors  not  to  pay  poll  tax 
(art.  ii,  sec.  3)  252. 

Votes  of  soldiers  and  sailors  to  apply  to 
county  and  township  of  residence  (art. 
ii,  sec.  3)  252. 

Elections,  by  people  to  be  by  ballot  and  by 
legislature  viva  voce  (art.  ii,  sec.  5)254. 

For  state  officers,  time,  terms,  eligibility 
(art.  v,  sec.  19)  312. 

Laws  may  be  passed  regulating  and  pro- 
hibiting undue  influence  and  bribery 
(art.  iv,  sec.  27)  285. 

Local  or  special  law  regulating  election 
of  county  or  township  officers  prohibited 
(art.  iv,  sec.  20)  278. 

Provision  to  be  made  by  law  for  manner 
of  holding  for  soldiers  and  sailors  and 
making  returns  (art.  ii,  sec.  3)  252. 

Provision  to  be  made  by  law  regarding 
registration,  right  of  suffrage,  purity 
ami  manner  of  holding  and  prescribing 
rules  or  oath  (art.  ii,  sec.  6)  255. 

Returns  for  state  officers,  how  canvassed 
by  justices  of  supreme  court  (art.  v.  sec. 

\  I   L>!»7. 

Right  of  suffrage  to  be  enjoyed  by  per- 
sons  in    militarv   or   naval   service  (art. 
ii.  sec.  3)  2.-.L*. 
Election  day.  elector  not  to  be  arrested  on, 

under  civil  process  (art.  ii,  sec.  4)  253. 
Elector,  amendment  proposed  to  sec.  1,  art. 
ii,  of  the  constitution,  passed  at  the 
legislative  session  1011,  subject  to  ap- 
proval by  the  legislature  of  1913  and 
to  ratification  later  by  the  people,  pro- 
vides that  there  shall  be  no  denial  of 
elective  franchise  on  account  of  sex  250. 

Convicted  of  certain  crimes  to  be  excluded 
from  jnrv  unless  restored  to  civil  rights 
(art.  iv,  sec.  27)  285. 

Not  to  be  arrested  under  civil  process  on 
election  day  (art.  ii,  sec.  4)  253. 

Only,  eligible  to  office,  except  certain  fe- 
males eligible  for  superintendent  of  pub- 
lic school  and  school  trustee  (art  xv, 
sec.  3)  371. 

Person  not,  excluded  from  jury  (art.  iv, 
sec.  27)  285. 

Person  who  has  fought  duel  or  sent  chal- 
lenge since  adoption  of  constitution  not 
qualified  (art.  xv,  sec.  3)  371. 

Qualifications  of,  legislature  may  prescribe 
further  rules  or  oaths  (art.  ii,  sec.  6)255. 

Qualifications  of  prescribed;  as  amended 
1880  (art.  ii,  sec.  1)  250. 

Residence  required  to  constitute  (art.  ii, 

sees.  1,  2)  250,  251. 

Electors,  majority  of  highest  number  voting 
will  carry  call  for  constitutional  con- 
vention (art.  xvi,  sec.  2)  384. 

Majority  of  qualified  voting  thereon  may 
ratify  amendment  to  constitution  (art. 
xvi,  sec.  1)  383. 

Qualifications  of  for  election  for  ratifica- 
tion of  state  constitution  415,  416. 

Referendum,  if  majority  signify  approval 
of  law  it  shall  not  be  annulled  except 
by  direct  vote  of  the  people,  or  if  they 
disapprove  it  shall  be  void  (art.  xix, 
sec.  2)  413. 


Electors — continued. 

Ten  per  cent  of  may  have  law  passed  by 
legislature  submitted  for  approval  or  dis- 
approval at  next  ensuing  election  (art. 
xix,  sec.  1)  412. 

Eleemosynary     purposes,     perpetuities     al- 
lowed for  only  (art.  xv,  sec.  4)  372. 
Eligibility  to  office  (art.  xv.  sec.  3)  371. 
Justice    of    supreme    court    and    district 
judge  ineligible  to  any  office  other  than 
to  judicial  during  term  for  which  elected 
(art.  vi,  sec.  11)  326. 

No  person  holding  lucrative  office  under 
government  of  the  United  States  eligi- 
ble to  civil  office  of  profit  except  certain 
postmasters  and  commissioners  of  deeds 
(art.  iv,  sec.  9)  267. 

Kmbo/./lement  of  public  funds,  conviction  of 
disqualities  from  holding  public  office(art. 
iv.  sec.  10)  268. 

Kmmont  domain,  property  shall  not  be  taken 
for  public  use  without  just  compensa- 
tion having  been  first  made  or  secured, 
exception  (art.  i,  sec.  8)  237. 
Right  of  way  not  to  be  appropriated  to 
corporation  until  compensation  is  made 
or  secured  (art.  viii,  sec.  5)  344. 
Employee  of   legislature,   compensation  not 
to  be  increased  or  decreased  during  ses- 
sion (art.  iv,  sec.  28)  286. 
Enacting  clause  of  statutes  (art.  iv,  sec.  23) 

281. 

Entry,  forcible,  district  court  has  jurisdic- 
tion (art.  vi,  sec.  6)  321. 
Enumeration  of  inhabitants  of  state,  under 
direction  of  legislature,  with  census  taken 
under  direction  of  Congress  as  basis  of 
representation  in  legislature  (art.  xv,  sec. 
13)  381. 

Enumeration  of  rights,  not  to  impair  others 

retained  by  the  people  (art.  i,  sec.  20)249. 

Equity,  district  court  has  jurisdiction  (art. 

vi,  sec.  6)  321. 
Equity  action,  supreme  court  has  appellate 

jurisdiction  (art.  vi,  sec.  4)  319. 
Equity   and   law,   may   be   administered   in 

same  action  (art.  vi,  sec.  14)  329. 
Escheat,  estates  that  escheat  to  the  state 
pledged  to  educational  purposes  (art.  xi, 
sec.  3)  355. 

Estates,  of  deceased  persons,  cases  in  terri- 
torial probate  court  transferred  to  state 
district  courts  (art.  xvii,  sec.  23)  407. 
Of  deceased   persons,   district   court   has 

jurisdiction  (art  vi,  sec.  6)  321. 
Of  insane  persons,  district  court  has  juris- 
diction (art.  vi,  sec.  6)  321. 
Of  minors,  district  court  has  jurisdiction 

(art.  vi,  sec.  6)  321. 

That  escheat  to  state  pledged  to  educa- 
tional purposes  (art.  xi,  sec.  3)  355. 
Evidence,  accused  not  to  be  required  to  be 
witness  against  himself  (art.  i,  sec.  8) 
237. 
In   action   for  libel   truth   may   be  given 

(art.  i,  sec.  9)  238. 

Two  witnesses  or  confession  required  for 
conviction  of  treason  (art.  i,  sec.  19)248. 
Witness  shall   not  be  rendered   incompe- 
tent on  account  of  religious  belief  (art. 
i,  sec.  4)  233. 


Constitution,  state 


INDEX 


2314 


Evidence — continued. 
Witnesses  not  to  be  unreasonably  detained 

(art.  i,  sec.  6)  235. 
Examiners,  board  of,  how  constituted  and 

powers  (art.  v,  sec.  21)  314. 
Excessive  bail,   not  to  be   required  (art.    i, 

sec.  6)  235. 
Excessive  fines,  not  to  be  imposed  (art.   i, 

sec.  6)  235. 

Execution,    reasonable   amount  -of   debtor's 
property  to  be  exempt  (art.  i,  sec.  14)  243. 
Executive    business,    governor    to    transact 
with  civil   and  military  forces  and  may 
require  information  (art.  v,  sec.  6)  299. 
Executive  department,  person  in  not  to  ex- 
ercise legislative  or  judicial   functions 
(art.  iii,  sec.  1)  258. 
Secretary  of  state  to  keep  record  of  official 

acts  (art.  v,  sec.  20)  313. 
Executive  power  of  state,   supreme  vested 

in  governor  (art.  v.  sec.  1)  294. 
Exemption  from  execution,reasonable  amount 
of  property  of  debtor  to  be  (art.  i,  sec.  14) 
243. 
Exemption  of  homestead  from  forced  sale 

(art.  iv,  sec.  30)  288. 

Ex  post  facto  law,  or  lawr  impairing  obliga- 
tion of  contracts,  not  to  be  passed  (art.  i, 
•  sec.  15)  244. 

Expulsion  of  member  of  legislature  by  two- 
thirds  vote  (art.  iv,  sec.  6)  264. 
Federal  currency  only  to  circulate  as  money 

(art.  viii,  sec.  6)  343. 

Fees,    and    compensation    of    county    and 
township  officers,  legislature  may  regu- 
late (art.  iv,  sec.  20)  278. 
Not  to  be  received  to  own  use  by  judicial 
officer   except   justice  of  the   peace   or 
city  recorder  (art.  vi,  sec.  10)  325. 
Of  officers  may  be  regulated  by  legislature 

(art.  iv,  sec.  20)  278. 

Fees  and  perquisites,  certain  state  officers 
and    members    of    legislature    prohibited 
from  receiving  (art.  xvii,  sec.  5)  389. 
Felony,  person  convicted  of,  not  to  be  an 
elector  unless  restored  to  civil  rights  (art. 
ii,  sec.  1)  250. 
Felony  cases,  supreme  court  has  appellate 

jurisdiction  (art.  vi,  sec.  4)  319. 
Females,  certain  eligible  to  office  of  superin- 
tendent of  public  schools  and  school  trus- 
tee (art.  xv,  sec.  3)  371. 

Fine,  collection  of  may  be  suspended  by  gov- 
ernor not  exceeding  60  days  except  in 
cases  of  impeachment  (art.  v,  sec.  13) 
300. 

May  be  remitted  by  board  of  pardons,  of 
which  the  governor  shall  be  one  (art.  v, 
sec.  14)  307. 
Militia,  no  person  to  be  imprisoned  for  in 

time  of  peace  (art.  i,  sec.  14)  243. 
Municipal,  district  court  has  jurisdiction 
of  cases  involving  legality  (art.  vi,  sec. 
6)  321. 

Municipal,  in  action  involving  legality  su- 
preme court  has  appellate  jurisdiction 
(art.  vi,  sec.  4)  319. 

Fines,  collected  under  penal  laws  pledged 
to  educational  purposes  (art.  xi,  sec.  3) 
355. 

Excessive,  not  to  be  imposed  (art.  i,  sec.  6) 
235. 


Fire,  in  case  of,  property  may  be  taken  for 
public  use,  compensation  to  be  made  after- 
ward (art.  i,  sec.  8)  237. 
Fiscal   year,   to  commence  on  first  day  of 

January  (art.  ix,  sec.  1)  348. 
Flume  companies,  rates  of  may  be  regulated 

by  the  legislature  (art.  iv,  sec.  20)  278. 
Forcible  entry,  action  for,  district  court  has 

jurisdiction  (art.  vi,  sec.  6)  321. 
Foreigners,  who  are  bona  fide  residents  have 
same  property  rights  as  native-born  citi- 
zens (art.  1,  sec.  16)  245. 
Forfeitures,  may  be  remitted  by  board  of 
pardons,  of  which  the  governor  shall  be 
one  (art.  v,  sec.  14)  307. 
Forgery,  conviction  of  excludes  from  jury 
unless    restored    to    civil    rights  (art.    iv, 
sec.  27)  285. 
Franchise,    qualifications    for    exercise    of; 

as  amended  1880  (art.  ii,  sec.  1)  250. 
Fraud,  for  debt  contracted  by  and  in  case 
of  libel  and  slander  there  may  be  imprison- 
ment (art.  i,  sec.  14)  243. 
Freight  rates,  may  be  regulated  by  the  legis- 
lature (art.  iv,  sec.  20)  278. 
General  election,  to  be  held  on  Tuesday  next 
after  first  Monday  in  November  (art.  xv, 
sec.  5)  373. 

Government,  county  and  township,  legisla- 
ture to  establish  uniform  (art.  iv,  sec.  25) 
283. 

Governor,  failure  to  act  upon  bill,  when  be- 
comes law  (art.  iv,  sec.  35)  293. 
Has  power  to  call  out  militia  to  execute 
laws,  suppress  insurrection  or  repel  in- 
vasion (art.  xii,  sec.  2)  364. 
How  elected,  term  of  office  (art.  v,  sec.  2) 

295. 

In  case  of  removal  or  inability  lieutenant- 
governor  to  act  (art.  v,  sec.  18)  311. 
In  case  of  vacancy  in  offices  of  governor 
and  lieutenant-governor  president  pro 
tern  pore  of  senate  to  act  (art.  v,  sec.  17) 
310. 

In  time  of  war  with  consent  of  legislature 
may  continue  commander-in-chief  out  of 
state  (art  v,  sec.  18)  311. 
Liable  to  impeachment  for  misdemeanor 

or  malfeasance  (art.  vii,  sec.  2)  335. 
May  adjourn  legislature  in  case  of  disa- 
greement of  both  houses  (art.  v,  sec.  11) 
304. 

May    call    extraordinary    session    of    the 
legislature  and  specify  business  to  be 
transacted  (art.  v,  sec.  9)  302. 
May  convoke  legislature  in  joint  session 
for   election   of  United   States   senator 
(art.  iv,  sec.  34)  292. 
May  convoke  legislature  in  special  session 

(art.  iv,  sec.  4)  260. 

May  suspend  collection  of  fines  and  for- 
feitures and  grant  reprieves  not  exceed- 
ing 60  days  except  in  cases  of  impeach- 
ment (art.  v,  sec.  13)  306. 
May  suspend  execution  on  conviction  for 
treason  until  next  legislature,  which 
may  pardon,  reprieve  or  direct  execu- 
tion of  sentence  (art.  v,  sec.  13)  306. 
Member  of  board  of  pardons  and  neces- 
sary for  remission  of  fines  or  forfeit- 
ures, commutation  of  punishments  and 
granting  of  pardons  (art.  v,  sec.  14)307. 


2315 


INDEX 


Constitution,  state 


Governor — continued. 

Member  of  board  of  state  prison  commis- 
sioners and  board  of  examiners  (art.  v, 

sec.  21)  314. 
Message    and    recommendations    to    the 

legislature  (art.  v,  sec.  10)  303. 
Not   to   hold  office   under   United    States 

government  (art.  v,  sec.  12)  305. 
Of  territory  authorized  to   issue  procla- 
mation for  election  for  ratification  of 

the  constitution  414. 
Qualifications  of  (art.  v,  sec.  3)  L>(.»<;. 
Supremo  power  of  state  vested  in  as  chief 

magistrate  (art.  v,  sec.  1)  294. 
To    be    Commander-in-chief    of    military 

forces  of  state  (art.  v,  sec.  5)  298. 
To  communicate  to  legislature  every  case 

of  fine  and  forfeiture  remitted,  reprieve, 

pardon  or  commutation  granted  (art.  v, 

sec.  i:;>  :;o<;. 
To  issue  writ  to  fill  vacancy  in  legislature 

i  art.  iv.  sec.  12)  270. 
To  keep  and  use  official  great  seal  of  the 

slate  (art.  v.  sec.  15)  308. 
To  keep  office  at  seat  of  government  (art. 

xv.  sec.  12)  380. 
To  make  appointment  to  fill  vacancy  of 

stale  otiicer  or  district  judge  (art.  xvii, 

sec.  I'lM  -H"». 
To  see  that  laws  are  faithfully  executed 

fart.  v.  sec.  7)  :MIO. 
To  sign  grants  and  commissions  (art.  v, 

sec.'  1(5)  :{0!>. 

To  transact  executive  business  with  civil 
and  military  forces  and  may  require 
information  (art.  v.  sec.  <D  299. 

Trial  of  impeachment  chief  justice  to  pre- 
side over  senate  (art.  vii,  sec.  1)  334. 

When  may  direct  execution  of  sentence 
for  treason  (art.  v,  sec.  13)  306. 

When  powers  and  duties  of  devolve  upon 
lieutenant-governor  (art.  v,  sec.  18)311. 

When  to  fill  vacancy  in  office  (art.  v,  sec. 
8)  301 ;  (art.  xvii.  sec.  12)  406. 

Veto  power  of  (art.  iv,  sec.  35)  293. 
Grand  jury,  local  or  special  law  for  sum- 
moning of  impaneling  or  for  compensa- 
tion, invalid  (art.  iv,  sec.  20)  278. 

Presentment  or  indictment  of,  in  prosecu- 
tions   for   capital    or    infamous   crimes 
(art.  i,  sec.  8)  237. 
Grants  of  land,  to  be  signed  by  governor  and 

secretary  of  state  and  under  great  seal 

(art.  v,  sec.  luj  309. 
Great  seal  of  state,  to  be  attached  to  grants 

and  commissions  (art.  v,  sec.  16)  309. 
Habeas  corpus,  supreme  court  empowered  to 
.  issue  writ  (art.  vi,  sec.  4)  319. 

Writ  of.  district  court  or  judge  may  issue 
(art.  vi,  sec.  6)  321. 

Writ  of,  justice  of  supreme  court  may 
issue  to  any  part  of  the  state  returnable 
before  himself,  the  supreme  court  or  dis- 
trict court  or  judge  (art.  vi,  sec.  4)  319. 

Writ  of  shall  not  be  suspended  unless  pub- 
lic safety  require  in  case  of  rebellion 
or  invasion  (art.  i,  sec.  5)  234. 
Happiness,  right  of  pursuing  and  obtaining 

(art.  i,  sec.  1)  230. 
High  crime,  conviction  excludes  from  jury 

unless  restored  to  civil  rights  (art.  iv,  sec. 

27)  285. 


Highways,  local  or  special  laws  for  vacating, 

invalid  (art.  iv,  sec.  20)  278. 
Homestead,  not  to  be  alienated  without  joint 
consent  of  husband  and  wife  and  to  be 
exempt  from  forced  sale,  when  (art.  iv, 
sec.  30)  288. 

Liable  for  purchase  money,  taxes,  improve- 
ments or  lien  given  by  consent  of  hus- 
band and  wife  (art.  iv,  sec.  30)  288. 
House  of  refuge,  for  juvenile  offenders  to 

be  maintained  by  the  state  (art.  xiii,  sec. 

2)  366. 
Husband    and    wife,    homestead   not   to   be 

alienated   without  joint  consent  (art.    iv, 

sec.  30)  288. 
Idiots,  not  entitled  to  privileges  of  elector 

(art.  ii,  sec.  1)  250. 

Impeachment,  assembly  shall  have  sole 
power  of,  concurrence  of  majority  of  all 
members  necessary  (art.  vii,  sec.  1)  334. 

Governor,  state  and  judicial  officers,  ex- 
cept justice  of  peace  liable  to  for  mis- 
demeanor or  malfeasance  (art.  vii,  sec. 
2)  335. 

Judgment  not  to  extend  further  than  re- 
moval from  ollico  and  disqualification  to 
hold  office  (art.  vii,  sec.  2)  :\:\~t. 

Of  governor  or  lieutenant-governor,  trial, 
chief  justice  to  preside  over  senate  (art. 
vii,  sec.  1)  334. 

Party  whether  convicted  or  acquitted  lia- 
ble to  indictment  and  punishment  (art. 
vii,  sec.  2)  335. 

Persons  convicted  under  not  to  be  par- 
doned (art.  v,  sec.  14)  307. 

Trial  by  senate,  oath  of  senators,  concur- 
rence of  two-thirds  elected  necessary 
(art.  vii,  sec.  1)  334. 

Trial  without  presentment  or  indictment 

(art.  i,  sec.  8)  237. 
Impost,    district   court   has   jurisdiction   of 

cases   involving  legality  (art.   vi,   sec.  6) 

321. 

Imprisonment,  for  debt  prohibited  except  in 
cases  of  fraud,  libel  or  slander  (art.  i, 
sec.  14)  243. 

Not  to  be  imposed  for  militia  fine  in  time 
of  peace  (art.  i,  sec.  14)  243. 

When  person  may  be  imprisoned  by  either 
house  of  legislature  (art.  iv,  sec.  7)  265. 
Indebtedness,  of  territory,  state  became  lia- 
ble for  (art.  xvii,  sec.  7)  391. 

Or  liability  of  corporation  or  person  to 
state,  county  or  municipality,  local  or 
special  law  for  release  of,  invalid  (art. 
iv,  sec.  20)  278. 

Indictment,  may  be  presented  against  officer 
impeached  (art.  vii,  sec.  2)  335. 

Or  presentment  required  in  prosecutions 
for  capital   or   infamous  crime  (art.    i, 
sec.  8)  237. 
Indigents,  counties  to  provide  for  as  may  be 

prescribed  by  law  (art.  xiii^sec.  3)  367. 
Information,  amendment  proposed  to  art.  i, 

sec.  8,  of  the  constitution,  passed  at  legis- 
lative sessions  1909,  1911,  subject  to  rati- 
fication by  the  people  at  general  election 

1912,    provides   that   persons    accused   of 

crime  may  be  prosecuted  by  information 

as  well  as  by  indictment  237. 


Constitution,  state 


INDEX 


2316 


Initiative  and  referendum,  proposed  amend- 
ment to  constitution  by  addition  to  sec.  3, 
art.  xix,  passed  at  legislative  sessions  1909, 
1911,  subject  to  ratification  by  the  people 
at  general  election  of  1912  413. 
Injunction,  writ  of,  district  court  or  judge 

may  issue  (art.  vi,  sec.  6)  321. 
Insane   persons,    estates   of,    district   court 

has  jurisdiction  (art.  vi,  sec.  6)  321. 
Institution  for  to  be  maintained  by  the 

state  (art.  xiii,  sec.  1)  365. 
Not  entitled  to  privilege  of  elector  (art. 

ii,  sec.  1)  250. 

Institutions,   state,  for  insane,   deaf,  dumb 

and  blind  to  be  fostered  and  supported  by 

the  state  (art.  xiii,  sec.  1)  365. 

Instruction,   sectarian,  not  to  be  imparted 

at   any   school   or   university  established 

under  the  constitution  (art.  xi,  sec.  9)361. 

Instructions,  judge  shall  not  charge  jury  in 

respect  to  matters  of  fact,  but  may  state 

testimony   and   declare  the  law  (art.   vi, 

sec.  12)  327. 

Instrument,  invalid,  local  or  special  law  giv- 
ing effect  to,  invalid  (art.  iv,  sec.  20)  278. 
Insurrection,  governor  has  power  to  call  out 
militia  to  suppress  (art.  xii,  sec.  2)  364. 
No  limit  to  debt  which  state  may  incur 

to  suppress  (art.  ix,  sec.  3)  350. 
Intellectual  improvement,  to  be  encouraged 

by  legislature  (art.  xi,  sec.  1)  353. 
Invalid   deed,   local   or   special   law   giving 

effect  to,  invalid  (art.  iv,  sec.  20)  278. 
Invalid  instrument,  local  or  special  law  giv- 
ing effect  to.  invalid  (art.  iv,  sec.  20)  278. 
Invalid  will,  local  or  special  law  giving  effect 
to,    invalid;     as    amended    1889  (art.    iv, 
sec.  20)  278. 
Invasion,  governor  may  call  out  militia  to 

repel  (art.  xii,  sec.  2)  364. 
In  case  of  writ  of  habeas  corpus  may  be 
suspended  if  public  safety  requires  (art. 
i,  sec.  5)  234. 
No  limit  to  debt  which  state  may  incur 

to  repel  (art.  ix,  sec.  3)  350. 
Involuntary  servitude,  not  to  be  tolerated 
except  as  punishment  for  crime  (art.  i, 
sec.  17)  246. 

Prohibited  except  for  crime  228. 
Jeopardy,  no  person  to  be  twice  put  in  for 

same  offense  (art.  i,  sec.  8)  237. 
Judge,  before  removal  from  office  by  legisla- 
ture shall  have  opportunity  to  be  heard  in 
person  or  by  counsel  (art.  vii,  sec.  3)336. 
Except  justice  of  the  peace  or  city  re- 
corder, not  to  receive  fees  to  his  own  use 
(art.  vi,  sec.  10)  325. 

For  reasonable  cause  may  be  removed  on 
two-thirds  vote  of  members  elected  to 
each  branch  of  the  legislature  (art.  vii, 
sec.  3)  336. 

Legislature  shall  not  grant  leave  of  ab- 
sence to,  absence  from  state  for  90  days 
vacates  office  (art.  vi,  sec.  17)  332. 
Liable  to  impeachment  for  misdemeanor 

or  malfeasance  (art.  vii,  sec.  2)  335. 
Not  to  charge  jury  in  respect  to  matters 
of  fact,  but  may  state  testimony  and 
declare  the  law  (art.  vi,  sec.  12)  327. 
To  be  served  with  complaint  on  proceed- 
ings before  legislature  for  removal  from 
office  (art.  vii.  sec.  3)  336. 


Judge's  compensation,  court  fee  to  be  ad- 
vanced to  clerk  and  applied  on  (art.  vi, 

sec.  16)  331. 

Judgment,  of  supreme  court  not  effective 
until  opinion  filed  with  clerk  (art.  xv, 
sec.  8)  376. 

On   impeachment  not   to   extend   further 
than  removal  from  office  and  disqualifi- 
cation to  hold  office  (art.  vii,  sec.  2)  335. 
Judicial  department,  person  in  not  to  exer- 
cise legislative  or  executive  functions  (art. 

iii,  sec.  1)  258. 
Judicial   districts,   legislature  may  provide 

for  and  number  of  judges,  change  not  to 

take  eflect  except  in  case  of  vacancy  or 

expiration  of  term  (art.  vi,  sec.  5)  320. 
Judicial  officer,  except  justice  of  the  peace 
and  city  recorder  not  to  receive  fees  to 
own  use  (art.  vi,  sec.  10)  325. 

For  reasonable  cause  may  be  removed  on 
two-thirds  vote  of  members  elected  to 
each  branch  of  the  legislature  (art.  vii. 
sec.  3)  336. 

If  removed  by  legislature  member  not  eli- 
gible to  position  (art.  vii,  sec.  3)  336. 

Legislature  shall  not  grant  leave  of  ab- 
sence to,  absence  from  state  for  90  days 
vacates  office  (art.  vii,  sec.  17)  332. 

Liable  for  impeachment  for  misdemeanor 
or  malfeasance  (art.  vii,  sec.  2)  335. 

Not  superseded  until  election  of  successor 

(art.  vi,  sec.  18;  333. 

Judicial  power,  of  state  vested  in  supreme 
court,  district  courts,  justices  of  the 
peace  and  municipal  courts  (art  vi,  sec. 
1)  316. 

Juries,  local  or  special  laws  for  summoning 
or  impaneling  not  to  be  passed  (art.  iv, 
sec.  20)  278. 

Persons  convicted  of  certain  crimes  to  be 
excluded  from  unless  restored  to  civil 
rights  (art.  iv,  sec.  27)  285. 
Jurisdiction,  district  court  has  final  appellate 
in  action  appealed  from  justice's  court 
(art.  vi,  sec.  6)  321. 

Duties  of  justice  of  the  peace  and  con- 
stable, local  or  special  laws,  invalid 
(art.  iv,  sec.  20)  278. 

In  municipal  court  to  be  fixed  by  law  so 
as  not  to  conflict  with  courts  of  record 
(art.  vi,  sec.  9)  324. 

Of  district  court  (art.  vi,  sec.  6)  321. 

Of  justices  of  the  peace  (art.  vi,  sec.  8)323. 

Of  supreme  court  defined  (art.  vi,  sec.  4) 

319. 

Jury,  local  or  special  law  for  summoning  or 
impaneling  or  for  compensation,  invalid 
(art.  iv,  sec.  20)  278. 

May  exonerate  libel  if  true  and  published 
with  good  motives  (art.  i,  sec.  9)  238. 

Persons  not  electors  or  convicted  of  cer- 
tain crimes  to  be  excluded  from  unless 
restored  to  civil  rights  (art.  iv,  sec.  27) 
285. 

Three-fourths  in  civil  cases  may  render 
verdict,  but  legislature  by  two-thirds 
vote  may  require  unanimous  (art.  i,  sec. 
3)  232. 

Trial  by,  secured,  but  may  be  waived  in 
civil  cases  (art.  i,  sec.  3)  232. 

When  may  acquit  in  action  for  libel  (art. 
i,  sec.  9)  238. 


2317 


INDEX 


Constitution,  state 


Justice  of  supreme  court,  vacancy  in  office 
of,  how  filled  (art.  xvii,  sec.  22)  406. 

Compensation  to  be  fixed  by  law,  when 
and  how  payable,  not  to  be  increased  or 
diminished  during  term  (art.  vi,  sec.  15) 
330. 

For  reasonable  cause  may  be  removed  by 
two-thirds  vote  of  members  elected  to 
each  branch  of  the  legislature  (art.  vii, 
sec.  3)  330. 

Governor  to  fill  vacancy  in  office  of  (art. 
xvii,  sec.  22)  406. 

How  elected,  to  hold  for  six  years  (art.  vi, 
sec.  3)  318. 

Ineligible  to  any  office  except  judicial  dur- 
ing term  for  which  elected  (art.  vi,  sec. 
1 1  )  326. 

Legislature  shall  not  grant  leave  of  ab- 
sence to,  absence  from  state  for  90  days 
vacates  office  (art.  vi,  sec.  17)  332. 

May  issue  writ  of  habeas  corpus  to  any 
part  of  the  state  returnable  before  him- 
self, supreme  court  or  district  court  or 
judge  (art.  vi,  sec.  4)  319. 

With  shortest  term  is  chief  justice  (art. 

vi.  sec.  3)  318. 

Justices  of  supreme  court,  legislature  may 
provide  for  two  additional  (art.  vi,  sec. 
'2)  :',17. 

To  canvass  returns  for  state  officers  (art. 

v,  sec.  4)  LMtT. 

Justice  of  the  peace,  legislature  to  prescribe 
method  of  appeal  from  justice's  court 
('art.  vi.  sec.  8)  323. 

Local  or  special  laws  relating  to  jurisdic- 
tion and  duties,  invalid  (art.  iv,  sec.  20) 
278. 

Without  jurisdiction  if  demand  exceeds 
s:',(io  exclusive  of  interest  (art.  vi,  sec.  8) 
323. 

Without  jurisdiction  if  title  to  real  estate, 
mining  claim  or  boundaries  to  land  in- 
volved, or  if  case  conflicts  with  juris- 
diction of  court  of  record  (art.  vi,  sec. 
8)  323. 

Justices  of  the  peace,  legislature  to  deter- 
mine number  and  powers  of,  limitation  of 

jurisdiction  (art.  vi,  sec.  8)  323. 
Justice's  court,  has  such  criminal  jurisdic- 
tion as  may  be  prescribed  by  law  (art. 
vi,  sec.  8)  323. 

In  cases  appealed  from,  district  court  has 
final  appellate  jurisdiction  (art.  vi,  sec. 
6)  321. 

Jurisdiction  of  (art.  vi,  sec.  8)  323. 

Legislature    may    prescribe    method    of 

appeal  from  (art.  vi,  sec.  8)  323. 
Juvenile  offenders,  house  of  refuge  for  to 

be  maintained  by  state  (art.  xiii,  sec.  2) 

366. 
Landlord    and    tenant,    where    relation    of 

exists   legislature   may   confer   power  on 

justice's  courts  in  actions  for  possession 

or  where  possession  has  been  unlawfully 

obtained  or  withheld  (art.  vi,  sec.  8)  323. 
Lands,  granted  by  United   States  to  state 
and  proceeds  dedicated  to  educational 
purposes  (art.  xi,  sec.  3)  355. 

Grants  of  to  be  signed  by  governor  and 
secretary  of  state  and  under  great  seal 
(art.  v,  sec.  16)  309. 

146 


Lands — continued. 

Of  nonresident  citizen  of  United  States 
not  to  be  taxed  higher  than  land  of 
resident  228. 

Lands  and  tenements,  legislature  may  con- 
fer power  on  justice's  court  in  action  for 

possession  of  where  relation  of  landlord 

and  tenant  exists  or  where  possession  has 

been  unlawfully  obtained  or  withheld  (art. 

vi,  sec.  8)  323. 
Larceny,  conviction  of  excludes  from  jury 

unless  restored  to  civil  rights  (art.  iv,  sec. 

27)  285. 

Law,  due  process  of,  person  shall  not  be  de- 
prived of  life,  liberty  or  property  with- 
out (art.  i,  sec.  8)  237. 

Enacted  by  legislature  to  embrace  but  one 
subject,  to  be  expressed  in  title  (art.  iv, 
sec.  17)  275.  , 

Impairing  obligation  of  contracts  or  ex 
post  facto  not  to  be  passed  (art.  1,  sec. 
15)  1M  \. 

Judge  may  declare  to  jury  (art.  vi,  sec.  12) 
827. 

Legislature  to  enact  regarding  registration, 
purity  and  conduct  of  elections  (art.  ii, 
sec.  6)  255. 

Not  to  be  amended  by  reference  to  title 
only,  but  section  amended  to  be  re- 
enacted  at  length  (art.  iv,  sec.  17)  275. 

Not  to  be  enacted  except  by  bill  (art.  iv. 
sec.  23)  281. 

To  be  enacted  regulating  manner  of  hold- 
ing elections  for  soldiers  and  sailors 
and  making  returns  (art.  ii,  sec.  3)  252. 

When  bill  becomes  without  action  of  gov- 
ernor (art.  iv,  sec.  35)  293. 
Laws,  and  judicial  decisions  to  be  free  for 
publication  (art.  xv,  sec.  8)  376. 

Governor  to  have  faithfully  executed  (art. 
v,  sec.  7)  300. 

Local  or  special  in  certain  enumerated 
cases  are  invalid  (art.  iv,  sec.  20)  278. 

Of  Territory  of  Nevada  remain  in  force 
in  state  (art.  xvii,  sec.  2)  386. 

To  exclude  from  jury  persons  not  quali- 
fied electors  or  who  have  been  convicted 
of  certain  crimes  unless  restored  to 
civil  rights  (art.  iv,  sec.  27)  285. 

When  to  be  general  and  of  uniform  opera- 
tion throughout  the  state  (art.  iv,  sec. 
21)  279. 
Law  and  equity,  may  be  administered   in 

same  action  (art.  vi,  sec.  14)  329. 
Leave  of  absence,  not  to  be  granted  by  legis- 
lature to  judicial  officer  (art.  vi,  sec.  17) 

332. 
Legislative  authority  of  state,  how  vested, 

definition  of  legislature  (art.   iv,   sec.   1) 

259. 
Legislative  bill,  when  becomes  law  without 

governor's  approval  (art.  iv,  sec.  35)  293. 
Legislative   department,   person    in,   not   to 
exercise  executive  or  judicial  functions 
(art.  iii,  sec.  1)  258. 

Secretary    of    state    to    keep    record    of 

official  acts  of  (art.  v,  sec.  30)  313. 
Legislative  sessions,  to  be  held  at  seat  of 

government  (art.  iv,  sec.  1)  259. 
Legislature,  act  of  to  embrace  but  one  sub- 
ject, expressed  in  title  (art.  iv,  sec.  17) 
275. 


Constitution,  state 


INDEX 


2318 


Legislature — continued. 

Aggregate  number  of  members  of  both 
branches  not  to  exceed  seventy-five  (art. 
xv,  sec.  6)  374. 

Bill  may  originate  or  be  amended  in 
either  house  (art.  iv,  sec.  16)  274. 

Bill  to  embrace  but  one  subject,  expressed 
in  title  (art.  iv,  sec.  17)  275. 

Board  of  examiners  must  first  act  upon 
certain  claims  against  state  (art.  v,  sec. 
21)  314. 

By  joint  vote  to  elect  state  officer  if  tie 
at  general  election  (art.  v,  sec.  4)  297. 

By  two-thirds  vote  may  require  unani- 
mous verdict  in  civil  cases  (art.  i,  sec. 
3)  232. 

By  two-thirds  vote  of  both  houses  may 
recommend  electors  to  vote  for  consti- 
tutional convention  (art.  xvi.  sec.  2)384. 

Compensation  of  members  to  be  fixed  by 
law,  not  to  be  increased  during  term 
(art.  iv,  sec.  33)  291. 

Doors  of  each  house  to  be  kept  open,  ex- 
cept senate  in  executive  session  (art.  iv, 
sec.  15)  273. 

Each  house  judge  of  qualifications  of  its 
members,  may  choose  officers  and  pun- 
ish or  expel  members  (art.  iv,  sec.  6) 
264. 

Each  house  to  keep  journal  of  proceed- 
ings, yeas  and  nays  to  be  entered  at 
desire  of  three  members  (art.  iv,  sec.  14) 
272. 

Either  house  may  punish  or  imprison  per- 
son not  member  (art.  iv,  sec.  7)  265. 

Elections  by  to  be  viva  voce  (art.  ii,  sec. 
5)  254. 

Every  bill  to  be  read  on  three  several 
days,  exception,  reading  by  sections  on 
final  passage  not  to  be  dispensed  with, 
vote  by  yeas  and  nays  to  be  entered 
(art.  iv,  sec.  18)  276. 

Governor  may  adjourn  in  case  of  disagree- 
ment of  two  houses  (art.  v,  sec.  11)  304. 

Governor  may  call  special  session  and 
specify  business  to  be  transacted  (art. 
v,  sec.  9)  302. 

Governor  may  convoke  in  special  session 
(art.  iv,  sec.  2)  260. 

Governor  to  communicate  to,  every  case 
of  fine  and  forfeiture  remitted,  or  re- 
prieve, pardon  or  commutation  granted 
(art.  v,  sec.  13)  306. 

Has  power  to  establish  normal  and  differ- 
ent grades  of  schools  from  primary  to 
university  (art.  xi,  sec.  5)  357. 

How  may  pass  bill  over  veto  of  governor 
(art.  iv,  sec.  35)  293. 

Majority  of  members  elected  to  each 
house  necessary  to  passage  of  bill,  how 
signed  (art.  iv,  sec.  18)  276. 

May  agree  to  proposed  amendments  to 
the  constitution  and  submit  same  to  the 
people  (art.  xvi,  sec.  1)  383. 

May  confer  on  justice's  court  jurisdiction 
concurrent  with  district  court  in  certain 
cases  relating  to  mechanics'  liens,  and 
for  possession  of  lands  and  tenements 
where  relation  of  landlord  and  tenant 
exists  or  possession  unlawfully  obtained 
or  withheld  (art.  vi,  sec.  8)  323. 


Legislature — continued. 

May  consent  in  time  of  war  that  governor 
out  of  state  continue  as  commander-in- 
chief  (art.  v,  sec.  18)  311. 

May  contract  debts,  purposes  to  be  speci- 
fied, not  to  exceed  $300,000,  exceptions, 
provision  for  payment  required  (art.  ix. 
sec.  3)  350. 

May  establish  municipal  courts  (art.  vi, 
sec.  1)  316. 

May  increase  or  diminish  number  of  judi- 
cial districts  and  judges,  change  not  to 
take  effect  except  in  case  of  vacancy  or 
expiration  of  term  (art.  vi,  sec.  5)  320. 

May  increase  or  diminish  salaries  of  offi- 
cers fixed  by  constitution,  but  change 
not  to  take  effect  during  term  (art.  xv, 
sec.  9)  377. 

May  prescribe  regarding  appeals  from 
justice's  courts  (art.  vi,  sec.  8)  323. 

May  provide  for  two  additional  justices 
of  supreme  court  (art.  vi,  sec.  2)  317. 

May  regulate  fees  of  county  or  township 
officers  (art.  iv,  sec.  20)  278. 

May  regulate  rates  of  railroads,  toll  roads, 
ditch,  flume  and  tunnel  companies  (art. 
iv.  sec.  20)  278. 

Members  of  exempt  from  arrest  under 
civil  process  during  session  and  for  15 
days  before  (art.  iv,  sec.  11)  269. 

Members  of  to  be  apportioned  according 
to  population  (art.  i,  sec.  13)  242. 

Message  and  recommendations  of  gov- 
ernor to  (art.  v,  sec.  10)  303. 

Neither  house  without  consent  of  other  to 
adjourn  for  more  than  three  days,  nor 
to  any  other  place  (art.  iv,  sec.  15)  273. 

Xo  officer  or  employee  to  receive  compen- 
sation except  as  fixed  prior  to  election 
or  appointment  (art.  iv,  sec.  28)  286. 

Not  to  amend  law  by  reference  to  title 
only,  but  section  amended  to  be  reen- 
acted  at  length  (art.  iv,  sec.  17)  275. 

Not  to  create  tenure  of  office  for  more 
than  four  years  unless  provided  by  con- 
stitution (art.  xv,  sec.  11)  379. 

Not  to  grant  leave  of  absence  to  judicial 
officer  (art.  vi,  sec.  17)  332. 

Not  to  pass  local  or  special  laws  for 
assessment  or  collection  of  taxes  (art. 
iv,  sec.  20)  278. 

Not  to  pass  local  or  special  laws  in  certain 
enumerated  cases  (art.  iv,  sec.  20)  278. 

Not  to  pass  local  or  special  laws  refund- 
ing money  paid  into  state  or  county 
treasury  (art.  iv,  sec.  20)  278. 

Not  to  pass  local  or  special  laws  regulat- 
ing county  or  township  business  (art. 
iv,  sec.  20)  278. 

Not  to  pass  local  or  special  laws  regulat- 
ing election  of  county  or  township  offi- 
cers (art.  iv,  sec.  20)  278. 

Not  to  pass  local  or  special  laws  relating 
to  crimes  and  punishments  (art.  iv,  sec. 
2<»)  27S. 

Not  to  pass  local  or  special  laws  relating 
to  summoning  of  grand  or  petit  juries 
(art.  iv,  sec.  20)  278. 

Not  to  pass  upon  claim  against  state  un- 
less first  acted  upon  by  board  of  exam- 
iners, except  for  salary  or  fixed  com- 
pensation of  officer  (art.  v,  sec.  21)  314. 


2319 


INDEX 


Constitution,  state 


Legislature — continued. 

Payment  of  expenses  of  members  for  post- 
age, express  charges,  newspapers  and 
stationery  (art.  iv,  sec.  33)  291. 

People  have  right  to  instruct  members  of 
i  art.  i,  sec.  10)  230. 

Regular  session  not  to  exceed  60  days, 
special  session  1*0  davs  (art.  iv,  sec.  29) 
287. 

Removing  judicial  officer,  member  of  not 
eligible  to  position  (art.  vii,  sec.  3)  336. 

salary  of  officer  or  employee  not  to  be 
increased  or  diminished  during  session 
(art.  iv.  sec.  28)  286. 

Secretary  of  state  to  lay  record  of  official 
acts  before  (art.  v.  sec.  I'd)  313. 

Shall  promote  intellectual,  literary,  scien- 
tific, mining,  mechanical,  agricultural 
and  moral  improvement  (art.  xi,  sec.  1) 
353. 

Sessions  to  be  biennial,  commencing  third 
.Monday  in  January:  as  amended  1889 
(art.  iv.  sec.  2)  2<;»>:  (art.  xvii,  sec.  12) 
::<><;. 

Terms  of  senators  to  be  four  years  and 
assemblymen  two  vearsiart.  xvii.  sec. 
Hn  394. 

To  determine  number  and  powers  of  jus- 
tices of  the  peace  (art.  vi,  sec.  8)  323. 

To  enact  law  regarding  elections,  regis- 
tration, right  of  suffrage,  purity  and 
manner  of  holding  elections  and  pre- 
s'-ribing  rules  or  oath  (art.  ii,  sec.  6) 
255. 

To  establish  uniform  system  of  county 
and  township  government  (art.  iv,  sec. 
25  )  283. 

To  pass  no  special  act  relating  to  corpo- 
rate powers  except  for  municipal  pur- 
poses, may  alter  or  repeal  general  laws 
relating  to  corporations  (art.  viii,  sec.  1) 
338. 

To  prescribe  powers  and  duties  of  munici- 
pal court  so  as  not  to  conflict  with  courts 
of  record  (art.  vi,  sec.  9)  324. 

To  provide  a  state  university  which  shall 
embrace  departments  of  agriculture, 
mechanic  arts  and  mining  (art.  xi,  sec. 
4)  356. 

To  provide  equal  assessment  and  taxation 
except  mines,  the  proceeds  of  which 
shall  be  assessed  and  taxed,  and  when 
mines  patented  shall  be  assessed  at  not 
less  than  $500.  unless  $100  annual  labor 
performed,  exemption  for  municipal, 
educational,  literary,  scientific  or  chari- 
table purposes;  as  amended  1906  (art. 
x.  sec.  1)  352. 

To  provide  for  annual  tax  to  defray  ex- 
penses of  state  for  fiscal  year,  or  ensu- 
ing two  years,  and  deficiencies  (art.  ix, 
sec.  2)  349. 

To  provide  for  apportionment  among  the 
several  counties  of  money  pledged  to 
school  purposes  (art.  xi,  sec.  3)  355. 

To  provide  for  board  of  regents  of  the 
university  and  define  their  duties  (art. 
xi,  sec.  7)  359. 

To  provide  for  common  schools  at  least 
six  months  annually  in  each  district 
and  pass  laws  requiring  attendance  (art. 
xi,  sec.  2)  354. 


Legislature — continued. 

To  provide  for  election  of  board  of  county 
commissioners  in  each  county  and  du- 
ties (art.  iv,  sec.  26)  2S4. 

To  provide  for  election  of  superintendent 
of  public  instruction  (art.  xi,  sec.  1)353. 

To  provide  for  investment  of  moneys 
pledged  to  educational  purposes  in 
United  States  bonds  or  bonds  of  this 
or  other  states:  as  amended  1889  (art. 
xi,  sec.  3)  35.".. 

To  provide  for  organizing  state  militia, 
encouragement  of  volunteer  corps  and 
keeping  of  public  arms  (art.  xii,  sec.  1) 
363. 

To  provide  for  organization  of  cities  and 
towns  by  general  laws  and  restrict  their 
powers  except  for  procuring  water  (art. 
viii,  sec.  8)  345. 

To  provide  for  poll  tax  to  be  expended  on 
public  roads:  as  amended  1910  (art.  ii, 
sec.  7)  256. 

To  provide  for  puMication  of  statutes  and 
decisions  of  supreme  court  (art.  xv,  sec. 
8)  .°,76. 

To  provide  special  tax  for  maintenance  of 
university  and  schools  (art.  xi,  sec.  0) 
85& 

To  provide  that  State  of  Nevada  shall 
maintain  fund  derived  from  proceeds 
of  land  granted  by  Congress  under  act 
of  July  2,  1862.  for  college  for  benefit 
of  agriculture,  mechanic  arts  and  mili- 
tary tactics  (art.  xi,  sec.  8)  360. 

To  regulate  by  law  manner  of  holding 
elections  for  soldiers  and  sailors  and 
making  returns  (art.  ii,  sec.  3)  252. 

Vacancy  in,  governor  to  issue  writ  of  elec- 
tion to  fill  (art.  iv,  sec.  12)  270. 

What  census  to  serve  as  basis  of  repre- 
sentation (art.  xv,  sec.  13)  381. 

When  and  now  to  elect  United  States  sen- 
ator (art.  iv,  sec.  34)  25)2. 

When  may  be  convoked  by  governor  in 
joint  session  for  election  of  United 
States  senator  (art.  iv,  sec.  34)  292. 

When    may    pardon,    reprieve,    or    direct 
execution  of  sentence  for  treason  (art. 
v,  sec.  13)  306. 
Liability,  or  indebtedness  of  corporation  or 

person  to  state,   county  or  municipality, 

local   or   special    law   for   release   of,    in- 
valid (art.  iv,  sec.  20)  278. 
Libel,  if  true  and  made  with  good  motives 

jury  may  exonerate  (art.  i,  sec.  9)  238. 
Liberty,  of  speech  and  press,  law  not  to  be 
passed  to  abridge  (art.  i,  sec.  9)  238. 

Right  of  enjoying  and  defending  (art.   i, 

sec.  1)  230. 
Licentiousness,  acts  of  not  to  be  excused  by 

religious  profession  or  worship  (art.  i,  sec. 

4)  233. 

Lien,  homestead  may  be  liable  for  improve- 
ments or  when  lien  given  by  consent  of 
husband  and  wife  (art.  iv,  sec.  30)  288. 

Mechanic's,  legislature  may  confer  power 
on  justice's  court  to  enforce  in  certain 
cases  (art.  vi,  sec.  8)  323. 
Lieutenant-governor,  as  president  of  senate 
to  receive  $2  per  diem  additional  (art. 
iv,  sec.  33)  291. 


Constitution,  state 


INDEX 


2320 


Lieutenant-governor — continued. 

Eligibility,  election,  term,  duties  (art.  v, 

sec.  17)  310. 
To   be   president   of   senate,    has   casting 

vote  (art.  v,  sec.  17)  310. 
To  act  in  case  of  inability  or  removal  of 

governor  (art.  v,  sec.  18)  311. 
Trial    of    impeachment,    chief   justice    to 
preside  over  senate  (art.  vii,  sec.  1)334. 
When  powers  and  duties  of  governor  de- 
volve upon  (art.  v,  sec.  18)  311. 
Life,  right  of  enjoying  and  defending  (art. 

i,  sec.  1 )  230. 
Literary  improvement,  to  be  encouraged  by 

legislature  (art.  xi,  sec.  1)  353. 
Local  or  special  laws,  in  certain  enumerated 

cases  are  invalid  (art.  iv,  sec.  20)  278. 
Lottery,    and    sale    of    lottery    tickets    pro- 
hibited (art.  iv,  sec.  24)  282. 
Malfeasance  in  office,  governor,  state  or  ju- 
.dicial  officer  liable  for  (art.  vii,  sec.  2)335. 
Mandamus,    supreme   court    empowered   to 

issue  writ  (art.  vi.  sec.  4)  319. 
Writ  of,  district  court  or  judge  may  issue 

(art.  vi,  sec.  6)  321. 
Marriage,  separate  property  of  wife  denned 

(art.  iv,  sec.  31)  289. 
Mechanic  arts,  to  be  a  department  of  the 

state  university  (art.  xi,  sec.  4)  356. 
Mechanical  improvement,  to  be  encouraged 

by  the  legislature  (art.  xi,  sec.  1)  353. 
Mechanic's     lien,     legislature    may     confer 
power  on  justice's  court  to  enforce  in  cer- 
tain cases  (art.  vi,  sec.  8)  323. 
Members  of  legislature,  compensation  to  be 
fixed  by  law,  not  to  be  increased  during 
term  (art.  iv,  sec.  33)  291. 
May  be  punished  or  expelled  (art.  iv,  sec. 

6)  264. 

Payment  of  expenses  for  postage,  express 
charges,     newspapers     and     stationery 
(art.  iv,  sec.  33)  291. 
Message,  of  governor  to  legislature  (art  v, 

sec.  10)  303. 
Military,  subordinate  to  civil  power  (art.  i, 

sec.  11)  240. 
Military  fine,  no  person  to  be  imprisoned  in 

time  of  peace  (art.  i,  sec.  14)  243. 
Military  forces  of  state,  governor  may  con- 
tinue   as     commander-in-chief    out    of 
state  in  time  of  war  (art.  v,  sec.  18)311. 
Governor  to  be  commander-in-chief  (art. 

v,  sec.  5)  298. 

Military  officers,   governor  to  transact   ex- 
ecutive  business   with   and   may   require 
information  (art.  v,  sec.  6)  299. 
Military  service,  persons  in  to  enjoy  right 

of  suffrage  (art  ii,  sec.  3)  252. 
Militia,  legislature  to  provide  for  organizing 

(art.  xii,  sec.  1)  363. 
Trial  without  presentment  or  indictment 

(art.  i,  sec.  8)  237. 

Mines,  district  court  has  jurisdiction  in 
cases  involving  title  or  possession  (art. 
vi,  sec.  6)  321. 

In   actions   involving  title  or  possession, 
supreme  court  has  appellate  jurisdiction 
(art.  vi,  sec.  4)  319. 
Patented    and    unpatented,     how    to    be 

assessed  (art.  x,  sec.  1)  352. 
Mining,  to  be  a  department  of  the  state  uni- 
versity (art.  xi,  sec.  4)  356. 


Mining  claims,  district  court  has  jurisdic- 
tion in  cases  involving  title  or  posses- 
sion (art.  vi,  sec.  6)  321. 
Trial  of  title  to  not  within  jurisdiction  of 

justice's  court  (art.  vi,  sec.  8)  323. 
Mining  improvement,  to  be  encouraged  by 

the  legislature  (art.  xi,  sec.  1)  353. 
Minors,  estates  of,  district  court  has  juris- 
diction (art.  vi,  sec.  6)  321. 
Local  or  special  law  for  sale  of  real  es- 
tate belonging  to,  invalid  (art.  iv,  sec. 
20)  278. 

Money,  banknotes  not  to  circulate  as,  ex- 
cept federal  currency  (art.  viii,  sec.  6) 
343. 

Not  to  be  drawn  from  state  treasury  ex- 
cept under  appropriation  (art.  iv,  sec. 
19)  277. 

Public,  accurate  statement  of  receipts  and 
expenditures   to   be   published  (art.    iv. 
sec.  19)  277. 
Moral    improvement,   to   be   encouraged   by 

the  legislature  (art.  xi,  sec.  1)  353. 
Mortgage  lien  on  homestead  may  be  given 
by  joint  consent  of  husband  and  wife  (art. 
iv,  sec.  30)  288. 

Municipal    corporation,    shall    not    become 
stockholder  in  or  loan  to  any  company, 
corporation  or  association,  except  rail- 
road company  (art.  viii,  sec.  10)  347. 
May  be  formed  under  special  act  (art.  viii, 

sec.  1)  338. 
Municipal  courts,  legislature  may  establish 

(art.  v,  sec.  21)  316. 

Powers  and  duties  of  to  be  fixed  by  law 
so    as    not    to   conflict   with    courts    of 
record  (art.  vi,  sec.  9)  324. 
Municipal   fine,  district  court  has  jurisdic- 
tion of  cases  involving  legality  (art.   vi, 
sec.  6)  321. 

Municipal  funds,  not  to  be  used  for  sectar- 
ian purposes  (art.  xi,  sec.  10)  362. 
Municipality  to  make  provisions  for  support 
of  its  own  officers  subject  to  regulations 
prescribed  by  law  (art.  xvii,  sec.  21)  405. 
Names  of  persons,  special  or  local  law  for 

changing,  invalid  (art.  iv,  sec.  20)  278. 
Naval  service,  persons  in,  to  enjoy  right  of 

suffrage  (art.  ii,  sec.  3)  252. 
Normal  schools,  may  be  established  by  the 

legislature  (art.  xi,  sec.  5)  357. 
Notary  public,  amendment  proposed  to  art. 
xv,  sec.  3,  of  the  constitution,  passed  at 
legislative  sessions  1909,  1911,  provides 
that  certain  females  shall  be  eligible  as 
371. 

Oath,  constitutional,  teachers  in  public 
schools  required  to  take  (art.  xi,  sec.  5) 
357. 

Legislature  may  prescribe  further  as  test 
of  electoral  qualification  (art.  ii,  sec.  6) 
255. 

Official  (art.  xv,  sec.  2)  370. 
Offenses,  bail  to  be  allowed  except  for  capi- 
tal and  when  proof  evident  or  presump- 
tion great  (art.  i,  sec.  7)  236. 
Office,  appointee  to  vacancy  to   hold  until 

next  election  (art.  v,  sec.  8)  301. 
Certain  persons  holding  lucrative,  under 
government   of  the   United    States   not 
eligible  to  office  of  profit  in  this  state 
(art.  iv,  sec.  9)  267. 


2321 


INDEX 


Constitution,  state 


Office — continued. 

Eligibility  for  governor  (art.  v,  sec.  3)296. 

If  vacancy  in,  of  governor  and  lieutenant- 
governor,  president  pro  tempore  of  sen- 
ate to  act  (art.  v,  sec.  IT)  310. 

Legislature  not  to  create  tenure  for  more 
than  four  years  unless  provided  by  con- 
stitution (art.  xv,  sec.  11)  379. 

Not  to  be  held  by  persons  convicted  of 
bribery  and  certain  other  crimes  (art. 
iv,  sec.  10)  268. 

Of  governor,  secretary  of  state,  state 
treasurer,  state  controller  and  clerk  of 
supreme  court  to  be  kept  at  seat  of 
government  (art.  xv,  sec.  12)  380. 

Person  who  has  fought  duel  or  sent  chal- 
lenge since  adoption  of  constitution  not 
eligible  (art.  xv,  sec.  3)  371. 

Tenure  of  not  provided  by  constitution 
may  he  declared  by  law,  otherwise  held 
at  pleasureof  authority  making  appoint- 
ment (art.  xv,  sec.  11)  379. 

Term  of  certain  state  officers  begins  Tues- 
day a  Her  first  Monday  in  January  (art. 
xv  ii,  sec.  8)  : '>!>!>. 

Terms  of  senators  and  assemblymen  (art. 
iv,  sec.  3)  261 ;  (art.  xvii,  sec.  10)  394. 

Under  United  States  not  to  be  held  by 
governor,  exception  (art.  v,  sec.  12)305. 

Vacancy  in,  when  to  be  filled  by  governor 
(art.  v,  sec.  8)  301 ;  (art.  xvii,  sec.  22) 
406. 

Who  eligible  (art.  xv,  sec.  3)  371. 
Otlierr.    impeached,    whether    convicted    or 
acquitted  liable  to  indictment  and  pun- 
ishmont  (art.  vii,  sec.  2)  335. 

Justice  of  supreme  court  and  district 
judge  ineligible  to  any  office  except  judi- 
cial durinir  term  for  which  elected  (art. 
vi,  sec.  11)  326. 

Of  county,  town,  city  or  municipality,  how 
to  be  supported  (art.  xvii,  sec.  21)  405. 

Of  legislature,  salary  not  to  be  increased 
or  diminished  during  session  (art.  iv, 
sec.  28)  286. 

State,  governor  to  fill  vacancy  (art.  xvii, 
sec.  22)  406. 

State  or  judicial,  liable  to  impeachment 
for  misdemeanor  or  malfeasance  (art. 
vii,  sec.  2)  335. 

Officers,   certain  prohibited  from   receiving 
fees  or  perquisites  (art.  xvii,  sec.  5)  389. 

Civil  and  military,  governor  to  transact 
executive  business  with  and  may  re- 
quire information  (art.  v,  sec.  6)  299. 

County,  to  hold  their  offices  at  county-seat 
(art.  xv,  sec.  7)  375. 

County  and  township  of  territory  con- 
tinued in  office  under  state  government 
(art.  xvii,  sec.  13)  397. 

County  or  township,  local  or  special  law 
regulating  election  prohibited  (art.  iv, 
sec.  20)  278. 

Each  house  of  legislature  may  choose  its 
own,  excepting  president  of  senate  (art. 
iv.  sec.  6)  264. 

Fees  of  may  be  regulated  by  legislature 
(art.  iv,  sec.  20)  278. 

In  legislative  or  judicial  department  of 
government  not  to  exercise  powers  in 
other  department,  exception  (art.  iii, 
sec.  1)  258. 


Officers — continued. 

Provision  to  be  made  for  removal  of  cer- 
tain, for  malfeasance  or  nonfeasance 
(art.  vii,  sec.  4)  337. 

Salaries  fixed  by  constitution  may  be  in- 
creased   or    diminished   by    legislature, 
but   change   not   to   take   effect  during 
term  (art.  xv,  sec.  9)  377. 
State,  election,  time,  terms,  eligibility  (art. 

v,  sec.  19)  312. 
State,  first,  how  commissioned  (art.  xvii, 

sec.  20)  404. 
State,  to  perform  duties  prescribed  by  law 

(art.  v,  sec.  22)  315. 

Territorial,  continued  in  office  until  quali- 
fication of  state  officers  (art.  xvii,  sec. 
14)  398. 

\Yhose    election    or    appointment    is    not 
otherwise  provided  for  may  be  chosen 
or  appointed  as  may  be  prescribed  by 
law  (art.  xv,  sec.  10)  378. 
Office-holding  and  suffrage,  right  of  not  to 
be  withheld  from  any  male  citizen  by  rea- 
son of  color  or  previous  condition  of  serv- 
itude (art.  xviii,  sec.  1)  411. 
Official  oath  (art.  xv,  sec.  2)  370. 
Official  oath,  amendment  proposed  to  con- 
stitution at  legislative  session  1911,  sub- 
ject to  approval  of  next  legislature  and 
ratification  by  the  people  at  succeeding 
general  election  370. 

Opinion  of  supreme  court,  decision  not  ef- 
fective until  opinion  filed  with  clerk  (art. 
xv,  sec.  8)  376. 

Ordinance,   irrevocable  without  consent  of 
Tnited  States  and  people  of  Nevada  228. 
Paramount  allegiance  (art.  i,  sec.  2)  231. 
Pardons,   may  be  granted  after  conviction 
by  board  of  pardons,  of  which  governor 
shall  be  one,  except  in  cases  of  treason 
or  impeachment  (art.  v,  sec.  14)  307. 
Personnel  and  powers  of  board  of  (art.  v. 

sec.  14)  307. 
Passenger  rates,  may  be  regulated  by  the 

legislature  (art.  iv,  sec.  20)  278. 
Patent  for  state  land  to  be  signed  by  gov- 
ernor and  secretary  of  state  (art.  v,  sec. 
16)  309. 
Patented  mines,  how  to  be  assessed  (art.  x, 

sec.  1)  352. 
People,  election  by,  to  be  by  ballot  (art.  ii, 

sec.  5)  254. 
Enumeration  of  rights  not  to  impair  others 

retained  by  (art.  i,  sec.  20)  249. 
Government  instituted  for  protection,  se- 
curity and  benefit  of  (art.  i,  sec.  2)  231. 
Have  right  to  assemble  to  instruct  repre- 
sentatives and  petition  legislature  (art. 
i,  sec.  10)  239. 
Political  power  inherent  in  (art.  i,  sec.  2) 

231. 

Perjury,  conviction  of  excludes  from  jury 
unless  restored  to  citizenship  (art.  iv, 
sec.  27)  285. 

Perpetuities,  shall  not  be  allowed  except  for 
eleemosynary  purposes  (art.  xv,  sec.  4)372. 
Person,  not  to  be  molested  on  account  of  re- 
ligious sentiment  228. 

Shall  not  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law 
(art.  1,  see.  8)  237. 


Constitution,  state 


INDEX 


2322 


Persons  not  electors  excluded  from  jury  (art. 

iv,  sec.  27)  285. 

Petition,  people  have  right  to  petition  legis- 
lature (art.  i,  sec.  10)  239. 
Plurality  of  votes,  given  at  election  to  con- 
stitute choice  where  not  otherwise   pro- 
vided by  the  constitution  (art.  xv,  sec.  14) 
382. 
Political  power  inherent  in  the  people  (art. 

i,  sec.  2)  231. 

Poll  tax,  legislature  to  provide  for  payment 
and  to  be  expended  on  public  roads  (art. 
ii.  sec.  7)  256. 
Soldiers  and  sailors  not  to  pay  (art.    ii, 

sec.  3)  252. 

Possession,  of  lands  and  tenements,  legis- 
lature may  confer  power  on  justice's 
court  in  action  for,  where  relation  of 
landlord  and  tenant  exists  or  where 
possession  has  been  unlawfully  obtained 
or  withheld  (art.  vi,  sec.  8)  323. 
Of  real  estate  or  mining  claims,  supreme 
court  has  appellate  jurisdiction  (art.  vi, 
sec.  4)  319. 

Of  real  property,  district  court  has  juris- 
diction in  cases  involving  (art.  vi,  sec. 
6)  321. 

Postage,  papers  and  stationery,  payment  of 
expense  of  for  members  of  the  legislature 
(art.  iv,  sec.  33)  291. 
Power,  political,  inherent  in  the  people  (art. 

1.  sec.  2)  231. 

Powers  of  government,  distribution  of,  no 
person  in  one  department  to  exercise  pow- 
ers in  another,  exception  (art.  iii,  sec.  1) 
258. 

Practice  of  courts  of  justice,  local  or  special 
laws  relating  to,  invalid  (art.  iv,  sec.  20) 
278. 

Preamble  229. 

Presentment  or  indictment,  required  in 
prosecutions  for  capital  or  infamous  crime 
(art.  i,  sec.  8)  237. 

President  of  senate,  lieutenant-governor  to 

be,  has  casting  vote  (art.  v,  sec.  17)310. 

To  receive  $2  per  diem  additional  (art.  iv, 

sec.  33)  21)1. 

President  pro  tempore  of  senate,  to  act  as 
governor  when  vacancy  in  offices  of  gov- 
ernor and  lieutenant-governor  (art.  v,  sec. 
17)  310. 
Press,  liberty  of  not  to  be  abridged  (art.  i, 

sec.  0)  238. 

Probate  courts  of  territory,  cases  in  trans- 
ferred to  state  district  courts  (art.  xvii, 
sec.  23)  407. 
Process,    style   of   shall    be    "The    State   of 

Nevada"  (art.  vi,  sec.  13)  328. 
Process,    civil,    elector   not    to    be    arrested 
under  on  election  day  ( art.  ii,  sec.  4)253. 
Members     of     legislature     exempt     from 
arrest  under  during  session  and  for  15 
days  before  (art.  iv,  sec.  11)  269. 
Prohibition,    supreme    court    empowered    to 

issue  writ  of  (art.  vi,  sec.  4)  319. 
Property,   foreigner  who   is  bona  fide  resi- 
dent has  same  rights  to  as  native-born 
citizen  (art.  i,  sec.  16)  245. 
Given     or     bequeathed     to     state,     when 
pledged    to    educational    purposes  (art. 
xi,  sec.  3)  355. 


Property — continued. 

Not  to  be  molested  on  account  of  relig- 
ious sentiment  228. 

Of  corporations  subject  to  taxation  same 
as  that  of  individuals,  of  corporations 
formed  for  municipal,  charitable,  relig- 
ious or  educational  purposes  may  be 
exempted  by  law  (art.  viii,  sec.  2)  339. 

Of  debtor,  reasonable  amount  to  be  ex- 
empt from  execution  (art.  i,  sec.  14)243. 

Of  Territory  of  Nevada  vested  in  state 
(art.  xvii,  sec.  4)  388. 

Person  shall  not  be  deprived  of  without 
due  process  of  law  (art.  i,  sec.  8)  237. 

Right  of  acquiring,  possessing  and  pro- 
tecting (art.  i,  sec,  1)  230. 

Shall  not  be  taken  for  public  use  without 
just  compensation  having  been  first 
made  or  secured,  exception  (art.  i,  sec, 
8)  237. 

Value  over  $300,  supreme  court  has  appel- 
late jurisdiction  (art.  vi,  sec.  4)  319. 
Prosecutions,  to  be  conducted  in  the  name 

of  "The  State  of  Nevada"  (art.  vi,  sec.  13) 

328. 

Publication,  of  accurate  statement  of  re- 
ceipts and  disbursements  of  public 
money  to  be  made  (art.  iv,  sec.  19)  277. 

Of  constitutional  debates  (art.  xvii,  sec. 
26)  410. 

Of  proposed  amendments  to  constitution, 
when  to  be  made  (art.  xvi,  sec.  1)  383. 

Of    statutes    and    decisions    of    supreme 
court,    legislature    to    provide  (art.    xv, 
sec.  8)  376. 
Public   administrators,    may   be   elected   or 

abolished  (art.  iv,  sec.  32)  290. 
Public  arms,  legislature  to  provide  far  safe 

keeping  (art.  xii,  sec.  1)  363. 
Public  defense,  no  limit  to  deot  which  state 

may  incur  for  (art.  ix,  sec.  3)  350. 
Public  funds,  not  to  be  used  for  sectarian 

purposes;    as  amended  1880  (art.  xi.  sec. 

10)  362. 
Public   institutions,   for   insane,   blind,   deaf 

and  dumb  to  be  fostered  and  supported  by 

the  state  (art.  xiii,  sec.  1)  365. 
Public  instruction,  superintendent  of.  legis- 
lature to  make  provision  for  election,  term 

(art.  xi.  sec.  1)  353. 
Public  lands,  disclaimer  of  all  right  to  by 

state  228. 
Public  officer,   amendment  proposed  to  sec. 

8,  art.   ii,  of  the  constitution,  passed  at 

legislative  sessions  1909.  1911,  subject  to 

ratification  by  the  people  at  general  elec- 
tion 1912,  provides  that  any  public  officer 

in  the  State  of  Nevada  may  be  recalled 

257. 
Public   roads,    poll   tax   to  be  expended   on 

(art.  ii,  sec.  7)  256. 
Public  safety,   writ  of  habeas  corpus  shall 

not  be  suspended  unless  necessary  for  in 

case  of  rebellion  or  invasion  (art.   i.   sec. 

5)  234. 

Public  school,  district  neglecting  to  main- 
tain school  or  allowing  sectarian  in- 
struction may  be  deprived  of  proportion 
of  public  school  fund  (art.  xi.  sec.  2) 

•  354. 


2323 


INDEX 


Constitution,  state 


Public  school — continued. 

Legislature  to  provide  for  at  least  six 
months  annually  in  each  district  and  to 
pass  laws  requiring  attendance  (art.  xi, 
sec.  2)  :;r>4. 

Public  schools,  amendment  proposed  to  art. 
xv.  sec.  3,  of  the  constitution,  passed  at 
legislative  sessions  19O9.  1911,  provides 
that  certain  females  shall  be  eligible  as 
deputy  superintendent  of  public  instruc- 
tion 371. 

Attendance  on  to  be  secured  by  legisla- 
ture (art.  xi.  sec.  2)  354. 

Certain  females  eligible  as  superintendent 
and  trustee  (art.  xv,  sec.  3)  371. 

Instates  that  escheat  to  the  state,  flues  col- 
lected under  penal  laws  and  property 
bequeathed  to  the  state  pledged  to  edu- 
cational purposes,  and  interest  thereon 
to  be  proportioned  among  counties  as 
legislature  may  provide:  as  amended 
i.ss'j  (art.  xi.  sec.  :; i  :;.v,. 

Moneys  pledged  to  educational  purposes 
to  be  apportioned  among  the  several 
counties  by  law  (art.  xi.  sec.  :\ )  :;."..".. 

.Normal  and  different  grades  may  be  es- 
tablished by  the  legislature  (art.  xi,  sec. 

:>i  ::r.7. 

Sectarian  education  not  to  be  imparted  in 
any    public    school    or    university    estab- 
lished   under    the   const  it  ut  ion  i  art.    xi, 
sec.  !»)  :;<;i. 
Teachers    required    to    take   constitutional 

oath  (art.   xi.    sec.   ."» )  ;;."»7. 
Public  squares,  local  or  special  laws  for  va- 
cating are  invalid  (art.  iv.  sec.  L'u  i  278. 
Public  use,  property  shall   not    In-  taken   for 
without    just    compensation    having    been 
first   made  or   secured,   exception     (art.    i, 
sec.  S)  L>:',7. 

Punishments,  may  be  commuted  by  board  of 
pardons,    of    which    governor    shall    be 
one.  except    in   cases  of  treason  or  im- 
peachment (art.  v,  sec.  14)  :'.<>7. 
Cruel  or  unusual  not  to  be  inflicted  (art. 

i,  sec.  r>)  235. 

Qualification,  certain  state  officers  to  qualify 
on    first    Tuesday    after    first    Monday    in 
January  (art.  xvii,  sec.  18)  402. 
Qualifications  of  senators  and  assemblymen 

(art.  iv,  sec.  5)  263. 

Quorum  of  supreme  court,  majority  consti- 
tutes (art.  vi,  sec.  2)  317. 
Quo    warranto.    supreme    court    empowered 

to  issue  writ  (art.  vi,  sec.  4)  319. 
Writ  of.  district  court  or  judge  may  issue 

(art.  vi,  sec.  6)  321. 

Railroad  corporations,  county,  city,  town  or 
municipal  corporation  may  aid  (art.  viii, 
sec.  10)  347. 

Railroads,  freight  and  passenger  rates  may 
be  regulated  by  the  legislature  (art.  iv, 
sec.  20)  278. 

Rates,  of  railroads,  toll  roads,  ditch,  flume 
and   tunnel  companies  may  be  regulated 
by  the  legislature  (art.  iv,  sec.  20)  278. 
Real    estate,   belonging  to   minor  or  person 
under  legal   disability,   local   or  special 
law   for  sale  of,   invalid ;    as  amended 
1*89  (art.  iv,  sec,-.  20)  278. 


Real  estate — continued. 

In    actions    involving    title   or    possession 
supreme    court    has    appellate   jurisdic- 
tion (art.  vi,  sec.  4)  319. 
Real  property,  district  court  has  jurisdiction 
in   cases    involving   title   or   possession 
(art.  vi.  sec'.  G)  321. 
Trial  of  title  to  not  within  jurisdiction  of 

justice's  court  (art.  vi,  sec.  8)  323. 
Rebellion,  in  case  of  writ  of  habeas  corpus 
may  be  suspended  if  public  safety  requires 
(art.  i,  sec.  5)  2.",4. 

Recall,  amendment  proposed  to  sec.  8,  art. 
ii.  of  the  constitution,   passed  at  legisla- 
tive sessions  1909,  1911,  subject  to  ratifica- 
tion by  the  people  at  general  election  1912, 
provides    that    any    public    officer    in    the 
State  of  Nevada  may  he  recalled  2.~>7. 
Record,    supreme    and    district    courts    and 
such  other  as  the  legislature  may  desig- 
nate are  courts  of  (art.  vi,  sec.  8)  323. 
Records,    archives   of   Territory    of    Nevada 

vested  in  state  (art.  xvii,  sec.  4)  388. 
Referendum,  proposed  amendment  to  con- 
stitution by  addition  to  sec.  ."».  art.  xix, 
passed  at  legislative  sessions  1!M)!>,  1911, 
subject  to  ratification  by  the  people  at 
I  lie  general  election  of  1912  41:5. 
Ten  per  cent  of  voters  may  have  law 
passed  by  legislature  submitted  for 
approval  or  disapproval  by  electors  at 
the  next  ensuing  election  (art.  xix,  sec. 
1 )  412. 

When     majority    of    electors    signify    ap- 
proval of  law   it    shall   not  be  annulled 
except    by   direct    vote   of   the   people,   OF 
if   they   signify   disapproval    it  shall  be 
void  (art.  xix,  sec.  2)  314. 
Refunding  money   paid  into  state  or  county 
treasury,  local  or  special  law  invalid  (art. 
iv.  sec.  20)  278. 

Regents,    board    of.    from    accruing    interest 
to  maintain  mining  department  at  uni- 
versity (art.  xi,  sec.  8)  360. 
Legislature  to  provide  for  university  and 
define  their  duties  (art.  xi,  sec.  7)  359. 
To  control   state   university,  duties  to  be 

prescribed  by  law  (art.  xi,  sec.  4)  356. 
To  invest  in  separate  fund,  to  be  irreduci- 
ble, proceeds  from  land  granted  by  act 
of  Congress  of  July  2,  1862,  for  benefit 
of  agriculture,  mechanic  arts  and  mili- 
tary tactics  (art.  xi,  sec.  8)  360. 
Registration,    of    wife's    separate    property 

(art.  iv.  sec.  31)  289. 
Provision  to  be  made  by  law  for  (art.  ii. 

sec.  (»)  2.V>. 
Soldiers  and  sailors  not  to  pay  poll  tax 

(art.  ii,  sec.  3;  252. 

Release  of  indebtedness  or  liability  of  cor- 
poration or  person  to  state,  county  or 
municipality,  local  or  special  law  invalid 
(art.  iv,  sec.  20)  278. 

Religious  belief,  witness  shall  not  be  ren- 
dered  incompetent  on  account  of  (art.   i, 
sec.  4)  233. 
Religious    corporation,    may    be    exempted 

from  taxation  (art.  viii,  sec.  2)  339. 
Religious  profession  and  worship,   freedom 
of  shall  be  forever  allowed  (art.  i,  sec.  4) 
233. 


Constitution,  state 


INDEX 


2324 


Religious   sentiment,   toleration  of   secured 

228. 

Removal  from  office,  for  malfeasance  or  non- 
feasance,  provision  to  be  made  by  law  for 
in  certain  cases  (art.  vii,  sec.  4)  337. 
Repeal,  not  allowed  of  law  providing  reve- 
nue to  pay  loan  made  to  state  (art.   ix, 
sec.  3)  350. 
Representation,  to  be  apportioned  according 

to  population  (art  i,  sec.  13)  242. 
Representation  in  legislature,  what  census 

to  serve  as  basis  (art.  xv,  sec.  12)  381. 
Representatives,   people   have   right   to    in- 
struct (art.  i,  sec.  10)  239. 
Reprieve,  may  be  granted  by  governor  not 
exceeding  60  days  except  in  cases  of 
impeachment  (art.  v,  sec.  13)  306. 
Or  pardon,  governor  to  communicate  to 

legislature  (art.  v,  sec.  13)  306. 
Residence,    required    to    constitute    elector 

(art.  ii,  sees.  1,  2)  250,  251. 
Resident,  bona  fide,  although  foreigner,  has 
same  property  rights  as  native-born  citi- 
zens (art.  i,  sec.  16)  245. 
Restoration  to  civil  rights,  certain  convicts 
excluded  from  juries  unless  restored  (art. 
iv,  sec.  27)  285. 

Returns  of  election  for  state  officers,  how 
canvassed    by    justices    of    the    supreme 
court  (art.  v,  sec.  4)  297. 
Revenue,  amendment  proposed  to  constitu- 
tion, art.   ii,  sec.  3,  passed  at  legisla- 
tive sessions  1909,  1911,  subject  to  rati- 
fication by  the  people  at  general  elec- 
tion 1912,  provides  for  the  investment 
of  school  moneys  in  bonds  of  any  county 
in  the  State  of  Nevada  355. 
Appropriation  of  taxes  required  for  pay- 
ment of  loan  to  state  not  -to  be  repealed 
or  diminished  (art.  ix,  sec.  3)  350. 
How  moneys  pledged  to  school  purposes 
to  be  invested  and  income  apportioned 
(art.  xi,  sec.  3)  355. 

Law  must  provide  for  tax  levy  to  pay 
within  20  years  loan  made  to  state  (art. 
ix,  sec.  3)  350. 

Legislature  shall  provide  for  annual  tax 
to  defray  expenses  of  state  for  fiscal 
year,  or  ensuing  two  years,  and  de- 
ficiencies (art.  ix,  sec.  2)  349. 
Legislature  to  provide  equal  assessment 
and  taxation  except  mines,  the  proceeds 
of  which  shall  be  assessed  and  taxed, 
and  when  mines  patented  shall  be 
assessed  at  not  less  than  $500,  unless 
$100  annual  labor  performed,  exemption 
for  municipal,  educational,  literary, 
scientific  or  charitable  purposes;  as 
amended  1906  (art.  x,  sec.  1)  352. 
Legislature  to  provide  special  tax  for 
maintenance  of  university  and  schools; 
as  amended  1889  (art.  xi,  sec.  6)  358. 
Proceeds  from  land  granted  state  by  act 
of  Congress  of  July  2,  1862,  for  college 
for  benefit  of  agriculture,  mechanic 
arts  and  military  tactics  to  be  invested 
by  board  of  regents  of  state  university 
in  separate  fund  to  be  irreducible  (art. 
xi,  sec.  8)  360. 

Revision    of    constitution,    convention    for, 
how  called  (art.  xvi,  sec.  2)  384. 


Right  of  secession  denied  (art.  i,  sec.  2)  231. 
Rights,  declaration  of  (art.  i,  sec.  1)  230. 
Inalienable  proclaimed  (art.  i,  sec.  1)  230. 
In  general  retained  by  the  people  (art.  i, 

sec.  20)  249. 

Right  of  suffrage,  office-holding  not  to  be 
withheld  from  any  male  citizen  by  rea- 
son of  color  or  previous  condition  of  servi- 
tude (art.  xviii,  sec.  1)  411. 
Right  of  way,  not  to  be  appropriated  to  use 
of  corporation  until  compensation  is  made 
or  secured  (art.  viii,  sec.  7)  344. 
Riot,    in   case   of,   property   may   be   taken 
for  public  use,  compensation  to  be  made 
afterward  (art.  i,  sec.  8)  237. 
Roads,  local  or  special  laws  for  vacating  are 

invalid  (art.  iv,  sec.  20)  278. 
Roop  County  attached  to  Washoe  County 
for  judicial,  legislative  and  revenue  pur- 
poses   until    otherwise   provided   by    law 
(art.  xvii,  sec.  25)  409. 

Salaries,  of  county  and  township  officers, 
legislature  may  regulate  (art.  iv,  sec.  20) 
278. 

Of  district  judges,  first  term  under  con- 
stitution (art.  xvii,  sec.  15)  399. 
Of  district  judges,  may  be  changed  sub- 
ject   to    constitutional    provisions  (art. 
xvii,  sec.  17)  401. 

Of  officers  fixed  by  constitution  may  be 
increased  or  diminished,  but  change 
not  to  take,  effect  during  term  (art.  xv, 
sec.  9)  377. 

Of  state  officers  for  first  term  under  con- 
stitution (art.  xvii,  sec.  5)  389. 
Salary,  of  district  judge  to  be  fixed  by  law, 
when  and  how  payable,  not  to  be  in- 
creased or  diminished  during  term  (art. 
vi,  sec.  15)  330. 

Of  justice  of  the  supreme  court  to  be  fixed 

by  law,  when  and  how  payable,  not  to 

be  increased  or  diminished  during  term 

(art.  vi,  sec.  15)  330. 

Sale,  forced,  of  homestead,  when  not  to  take 

place  (art.  iv,  sec.  30)  288. 
Of  real  estate  belonging  to  minors  or  per- 
sons   under    legal    disability,    local    or 
special  law  invalid;    as  amended  1889 
(art.  iv,  sec.  20)  278. 

School  district,  neglecting  to  maintain  school 
or  allowing  sectarian  instruction  may  be 
deprived   of  proportion  of  public   school 
fund  (art.  xi,  sec.  2)  354. 
Schools,  certain  females  eligible  as  superin- 
tendent and  trustee  (art.  xv,  sec.  3)371. 
Legislature    to    provide    special    tax    for 

(art.  xi,  sec.  6)  358. 

Normal    and    public    of    different   grades 
may  be  established  by  the  legislature 
(art.  xi,  sec.  5)  357. 
Teachers  required  to  take  constitutional 

oath  (art.  xi,  sec.  5)  357. 
School  trustee,  certain  females  eligible  (art. 

xv,  sec.  3)  371. 
Scientific  improvement,  to  be  encouraged  by 

legislature  (art.  xi,  sec.  1)  353. 
Seal,  great  seal  of  state  to  be  kept  and  used 

by  governor  (art.  v,  sec.  15)  308. 
Search  and  seizure,  not  to  take  place  ex- 
cept on  probable  cause  supported  by  oath 
and  particulars  (art.  i,  sec.  18)  247. 


2325 


INDEX 


Constitution,  state 


Seat  of  government,  sessions  of  legislature 
to  be  held  at  (art.  iv,  sec.  1)  259. 

Terms  of  supreme  court  to  be  held  at  (art. 
vi.  sec.  7)  322. 

To  be  at  Carson  City  (art.  xv,   sec.   1) 

369. 

Secession,  right  of  denied  (art.  1,  sec.  2)231. 
Secretary  of  state,  bill  vetoed  after  adjourn- 
ment of  legislature  to  be  filed  with  (art. 
iv,  sec.  35)  293. 

Duties  of  (art.  v,  sec.  20)  313. 

Election,  term,  eligibility  (art.  v,  sec.  19) 
312. 

Member  of  board  of  state  prison  commis- 
sioners and  board  of  examiners  (art. 
v,  sec.  14)  314. 

To  countersign  grants  and  commissions 
(art.  v,  sec.  16)  309. 

To  keep  office  at  seat  of  government  (art. 
xv,  sec.  12)  380. 

To  lay  before  next  legislature  bill  vetoed 
after  adjournment  (art.  iv,  sec.  35)293. 

To  perform  duties  prescribed  by  law  (art. 

v,  sec.  22)  315. 

Sectarian  instruction,  not  to  be  imparted  at 
any  school  or  university  established 
under  the  constitution  (art  xi,  sec.  9) 
361. 

School  district  allowing,  may  be  deprived 
of  proportion  of  public  school  fund  (art. 
xi.  sec.  2)  354. 
Sectarian  purposes,  public  funds  not  to  be 

used  for;    as  amended  1880  (art.  xi,  sec. 

10)  yr>i». 

Senate,  bill  may  originate  or  be  amended  in 
(art.  iv,  sec.  16)  274. 

Chief  justice  to  preside  over  on  trial  of 
impeachment  of  governor  or  lieutenant- 
governor  (art.  vii,  sec.  1)  334. 

Judge  of  qualifications  of  its  members, 
may  choose  officers  and  punish  or  ex- 
pel members  (art.  iv,  sec.  6)  264. 

Lieutenant-governor  as  president  to  re- 
ceive $2  per  diem  additional  (art.  iv, 
sec.  33)  291. 

May  punish  or  imprison  person  not  mem- 
ber (art.  iv,  sec.  7)  265. 

President  of,  lieutenant-governor  to  be, 
has  casting  vote  (art.  v,  sec.  17)  310. 

President  pro  tempore  to  act  as  governor 
in  case  of  vacancy  in  offices  of  governor 
and  lieutenant-governor  (art.  v,  sec.  17) 
310. 

To  try  impeachments,  oath  of  senators, 
concurrence  of  two-thirds  elected  neces- 
sary (art.  vii,  sec.  1)  334. 
Senate  and  assembly,  legislative  authority 

vested  in  (art.  iv,  sec.  1)  259. 
Senator,  compensation  to  be  fixed  by  law, 
not  to  be  increased  during  session  (art. 
iv,  sec.  33)  291. 

Term  of  office  of  (art.  iv,  sec.  3)261; 
(art.  xvii,  sec.  10)  394. 

Vacancy  in  office  of,  governor  to  issue  writ 
to  fill  (art.  iv,  sec.  12)  270. 

United  States,  when  and  how  elected,  when 
governor  may  convoke  legislature  in 
joint  session  for  (art.  iv,  sec.  34)  292. 

When  not  to  be  appointed  to  office  created 
during  term  (art.  iv,  sec.  8)  266. 


Senators,  compensation  not  to  be  increased 
or  diminished  during  session  (art.  iv, 
sec.  28)  286. 

Number  to  be  not  less  than  one-third  nor 
more  than  one-half  that  of  members  of 
assembly  (art.  iv,  sec.  5)  263. 

Payment  of  expense  for  postage,  express 
charges,  newspapers  and  stationery  (art. 
iv,  sec.  33)  291. 

People  have  right  to  instruct  (art.  i,  sec. 
10)  239. 

Prohibited  from  receiving  fees  or  perqui- 
sites (art.  xvii,  sec.  5)  389. 

Qualifications  (art.  iv,  sec.  5)  263. 

Terms  to  be  four  years  (art.  xvii,  sec.  10) 
394. 

To  be  apportioned  according  to  population 
(art.  i,  sec.  13)  242. 

When  to  be  elected  (art.  iv,  sec.  4)  262. 
Separate  property,  of  wife  defined  (art.  iv. 

sec.  31)  289. 

Servitude,  involuntary,  not  to  be  tolerated 
except  as  punishment  for  crime  (art.  i, 
sec.  l'i )  246. 

Involuntary,  prohibited  except  for  crime 

228. 

Sessions  of  legislature,  regular  not  to  exceed  60 
days,  special  20  days  (art.  iv,  sec.  29)  287. 

To  be  biennial,  commencing  on  the  third 
Monday  in  January;  as  amended  1889 
(art.  iv,  sec.  2)  260;  (art.  xvii,  sec.  12)  396. 

To  be  held  at  seat  of  government  (art.  iv, 

sec.  1)  259. 

Slavery,  not  to  be  tolerated  except  as  punish- 
ment for  crime  (art.  i,  sec.  17)  246. 

Prohibited  228. 

Soldiers,  not  to  be  quartered  in  houses  with- 
out consent  of  owner  (art.  i,  sec.  12)  241. 
Soldiers  and  sailors,  to  enjoy  right  to  suffrage, 

not  to  pay  poll  tax  (art.  ii,  sec.  3)  252. 
Speaker  of  assembly,  to  receive  "$2  per  diem 

additional  (art.  iv,  sec.  3)  291. 
Special  or  local  laws,  in  certain  enumerated 

cases  are  invalid  (art.  iv,  sec.  20)  278. 
Special  session  of    the  legislature,  governor 

to   call,  what   business   to   be    transacted 

(art  v,  sec.  9)  302. 
Speech,  liberty  of  not  to  be  abridged  (art.  i, 

sec.  9)  238. 
Standing    army,  not   to   be    maintained   by 

state  in  time  of  peace  (art.  i,  sec.  11)  240. 
State,  all  claims  against  to  be  examined  by 
board  of  examiners  except  salaries    or 
fixed   compensation    of   officers  (art.  v, 
sec.  21)  314. 

Became  liable  for  indebtedness  of  territory 
(art.  xvii,  sec.  7)  391. 

Contract  or  indebtedness  assumed  when 
liabilities  exceed  $300,000  shall  be  void, 
exception  (art.  ix,  sec.  3)  350. 

Indebtedness  or  liability  to,  local  or  special 
law  releasing,  invalid  (art.  iv,  sec.  20)  278. 

May  contract  debts,  purposes  to  be  speci- 
fied, not  to  exceed  $300,000,  exceptions, 
provision  for  payment  required  (art.  ix, 
sec.  3)  350. 

Not  to  assume  debts  of  county,  town,  city 
or  corporation  unless  created  to  repel 
invasion,  suppress  insurrection,  or  for 
public  defense  (art.  ix,  sec.  4)  351. 


Constitution,  state 


INDEX 


2326 


State— continued . 

Not  to  donate  or  loan  money  or  credit  or 
be  interested  in  stock  of  company,  asso- 
ciation or  corporation  except  for  educa- 
tional or  charitable  purposes  (art.  viii, 
sec.  9)  346. 
Not  to  maintain  standing  army  in  time  of 

peace  (art.  i,  sec.  11)  240. 
Not  to  tax  United  States  property  228. 
Peace  or  safety  not  to  be  endangered  by 
religious  profession  or  worship  (art.  i,  sec. 
4)  233. 

Provision  may  be  made  by  general  law  for 
bringing  action  against  (art.  iv,  sec.  22) 
280. 

When  claim  against  not  to  be  passed  upon 

by  legislature  without  being  acted  upon 

by  board  of  examiners  (art.  v,  sec.  21)  314. 

Rights  of  Territory  of  Nevada  transferred 

to  (art.  xvii,  sees.  1,  3,  4)  385,  387,  388. 
State  of  Nevada,  grants  and  commissions  to 

be  in  name  of  (art.  v,  sec.  16)  309, 
State  banks,  notes  of  not  to  circulate  as  cur- 
rency (art.  viii,  sec.  6)  343. 
State  bonds,  legislature  may   invest   school 

moneys  in  (art.  xi,  sec.  3)  355. 
State  boundary,  defined,  may  include  addi- 
tional territory  if  authorized  by  Congress 
and  State  of  California  (art.  xiv,  sec.  1)  368. 
State  constitution,  election  for  ratification  of, 

ordinance,  provisions  414-427. 
State  controller,  to  keep  office  at  seat  of  gov- 
ernment (art.  xv,  sec.  12)  380. 
State  funds,  not  to  be  used  for  sectarian  pur- 
poses (art.  xi,  sec.  10)  362. 
State  institutions,  for  insane,  blind,  deaf  and 
dumb  to  be  fostered  and  supported  by  the 
state  (art.  xiii,  sec.  1)  365. 
State  militia,  legislature  to  provide  for  organ- 
izing (art.  xii,  sec.  1)  363. 
State  office,"  vacancy,  how  filled  (art.    xvii, 

sec.  22)  406. 
State  officer,  governor   to  fill  vacancy  (art. 

xvii,  sec.  22)  406. 
Liable  to  impeachment  for  misdemeanor  or 

malfeasance  (art.  vii,  sec.  2)  335. 
State  officers,  canvass  of  returns  of  election 
by  chief  justice  and  associate  justices  (art. 
v,  sec.  4)  297. 
Certain,  prohibited  from  receiving  fees  or 

perquisites  (art.  xvii,  sec.  5)  389. 
Certain,  to  qualify  on  fir^t  Tuesday  after 
firstMonday  in  January  (art.  xvii,  sec.  18) 
402. 
Election  for,  if  tie  legislature  by  joint  vote 

to  elect  (art.  v,  sec.  4)  297. 
Election,  term,  eligibilitv  (art.  v,  sec.  19) 

312. 
First,  how  commissioned  (art.  xvii,  sec.  20) 

404. 
Salaries  for  first  term  under   constitution 

(art.  xvii,  sec.  5)  389. 

Term  of  certain,  until  Tuesday  after   first 

Monday  in  January  (art.  xvii,  sec.  18)  402. 

Term  until  Tuesday  after  first  Monday  in 

January  (art.  xvii,  sec.  8)  392. 
To  perform  duties  prescribed  by  law  (art. 

v,  sec.  22)  315. 

State  prison,  and  house  of  refuge  for  juvenile 
offenders,  to  be  maintained  by  the  state 
(art.  xiii,  sec.  2)  366. 


State  prison— continued. 

Board  of  commissioners,  how  constituted 

(art.  v,  sec.  21)  314. 

State  seal,  to  be  attached  to  grants  and  com- 
missions (art.  v,  sec.  16)  309. 

To  be  kept  and  used  by  governor  (art  v, 

sec.  15)  308. 

State  treasurer,  election,  term,  eligibility  (art. 
v,  sec.  19)  312. 

To  keep  office  at  seat  of  government  (art. 
xv,  sec.  12)  380. 

To  perform  duties  prescribed  by  law  (art. 

v,  sec.  23)  315. 

State  treasury,  local  or  special  law  refunding 
money  paid  into,  invalid  (artiv,  sec.  20) 
278. 

Money  not  to  be  drawn  from  for  officer  or 
employee  of  legislature  except  as  fixed 
prior  to  election  or  appointment  (art.  iv, 
sec.  28)  286. 

State  university,  board  of  regents  from,  ac- 
cruing interest  to  maintain  mining  depart- 
ment (art.  xi,  sec.  8)  360. 

Controlled  by  board  of  regents,  whose  duties 
shall  be  prescribed  by  law  (art.  xi,  sec.  4) 
356. 

Legislature  to  provide  for,  to  embrace  de- 
partments of  agriculture,  mechanic  arts 
and  mining  (art.  xi,  sec.  4)  356. 

Portion  of  interest  on  school  moneys  may 
be  appropriated  for  support  (art.  xi,  sec.  3) 
355. 

Proceeds  from  land  granted  state  by  act  of 
Congress  of  July  2,  1862,  for  college  for 
benefit  of  agriculture,  mechanic  arts  and 
military  tactics,  to  be  invested  by  board 
of  regents  in  separate  fund,  to  be  irredu- 
cible (art.  xi,  sec.  8)  360. 

Sectarian  instruction  not  to  be  imparted 
(art.  xi,  sec.  9)  361. 

Teachers  required  to  take  constitutional  oath 

(art.  xi,  sec.  5)  357. 
Stationery,  postage  and  papers,  payment  of 

expense  of  for  members  of  the  legislature 

(art.  iv,  sec.  33)  291. 

Statute,  amendment  not  to  be  made  by  refer- 
ence to  title  only,  but  section  amended 
to  be  reenacted  at  length  (art.  iv,  sec.  17) 
275. 

Title  of,  to  embrace  but  one  subject  (art.  iv, 

sec.  17)  275. 

Statutes,  and  decisions  of  supreme  court, 
legislature  to  pro  vide  for  publication  (art. 
xv,  sec.  8)  376. 

Enacting  clause  of  (art.  iv,  sec.  23)  281. 

Of  Territory  of  Nevada  remain  in  force  in 
state  (art.  xvii,  sec.  2)  386. 

To  be  free  for  publication  (art.  xv,  sec.  8)376. 
Streets,  local  or  special  laws  for  vacating  are 

invalid  (art.  iv,  sec.  20)  278. 
Style  of  process,  shall  be  the  "  State  of  Nevada" 

(art.  vi,  sec.  13)  328. 
Successor   in  office,  governor  to  hold  until 

qualified  (art.  v,  sec.  2)  295. 
Suffrage,  amendmentproposedtosec.  1,  art.  ii, 
of  the  constitution,  passed  at  the  legisla- 
tive session,  1911,  subject  to  approval  by 
the  legislature  of  1913  and  to  ratification 
by  the  people,  provides  that  there  shall 
be  no  denial  of  elective  franchise  on 
account  of  sex  250. 


2327 


INDEX 


Constitution,  state 


Suffrage — continued . 

And  office-holding,  right  of,  not  to  be  with- 
held from  any  male  citizen  by  reason  of 
color  or  previous  condition  of  servitude 
(art.  xviii,  sec.  1)  411. 

Person  who  has  fought  duel  or  sent  chal- 
lenge since  adoption  of  constitution,  not 
entitled  (art,  xv,  sec.  3)  371. 

Provision  to  be  made  by  law  regarding 
exercise  of  right  of  (art.  ii,  sec.  6)  255. 

Right  of,  to  be  enjoyed  by  soldiers  and  sail- 
ors (art,  ii,  sec.  3)  252. 
Suit,  provision  to  be  made  by  general  law  for 

bringing  against  state  (art.  iv,  sec.  22)  280. 
Sum inoning  and  impaneling  grand  and  petit 

juries  and    providing  for  their  compensa- 
tion, local  or  special  laws  are  invalid  (art. 

iv,  sec.  20)  27*. 

Superintendent  of  public  instruction,  certain 
females  eligible  (art.  xv,  sec.  :;)  :'.71. 

Provision  to  be  made  by  the  legislature 
for  election  of  (art.  ii,  sec.  1)  35:;. 

To  perform  duties  prescribed  by  law  (art. 

v,  sec.  '2-2)  315, 

Supreme  court,  clerk  of  to  keep  office  at  seat 
of  government  (art.  xv,  sec.  12)  :iso. 

Decisions,  legislature  to  provide  for  publi- 
cation (art,  xv,  sec.  8)  376. 

How  constituted,  quorum,  concurrence  of 
majority  necessary  to  render  decision 
(art.  vi,  sec.  2)  317. 

Is  court  of  record  (art.  vi,  sec.  8)  323. 

Judgment  not  effective  until  opinion  filed 
with  clerk  (art.  xv,  sec.  8)  37<->. 

Jurisdirtion  defined  (art.  vi,  sec.  4)  319. 

Justice  thereof  may  make  writ  of  habeas  cor- 
pus returnable  before  (art,  vi,  sec.  4)  319. 

of  the  United  States,  paramount  allegiance 
to  constitutional  powers  as  denned  by 
(art,  i,  sec.  2)  23 1. 

Terms  of,  until  provisions  made  by  law 
(art.  xvii,  sec.  15)  .">'.»!». 

Times  of  holding  to  be  as  fixed  by  law  and 
at  seat  of  government  (art.  vi,  sec.  7)  322. 
Surveyor-general,    election,  term,   eligibility 
(art.  v,  sec.  19)  312. 

To  perform  duties  prescribed  by  law  (art. 

v,  sec.  22)  315. 

Tax,  district  court  has  jurisdiction  of  cases 
involving  legality  (art.  vi,  sec.  6)  321. 

In  action  involving  legality  supreme  court 
has  appellate  jurisdiction  (art.  vi,  sec.  4) 
319. 

Legislature  to  provide  special  for  mainte- 
nance   of    university    and    schools;     as 
amended,  1889  (art.  xi,  sec.  6)  358. 
Taxation,  by  cities  or   towns,  legislature  to 
restrict  (art.  viii,  sec.  8)  345. 

Legislature  shall  provide  for  annual  tax  to 
defray  expenses  of  state  for  fiscal  year,  or 
ensuing  two  years,  and  deficiencies  (art. 
ix,  sec.  2)  349. 

Legislature  to  provide  equal  assessment 
and  taxation,  except  mines,  the  proceeds 
of  which  shall  be  assessed  and  taxed,  and 
when  mines  patented  shall  be  assessed  at 
not  less  than  $500,  unless  $100  annual 
labor  performed;  exemption  for  munici- 
pal, educational,  literary,  scientific  or 
charitable  purposes;  as  'amended  1906 
(art,  x,  sec.  1)  352. 


Taxation— continued, 

Property  of  corporations  subject  to  same  as 
property  of  individuals,  of  corporations 
formed  for  municipal,  charitable,  religious 
or  educational  purposes  may  be  made 
by  law  (art,  viii,  sec.  2)  339. 
To  be  provided  for  payment  within  20  years 
of  loan  to  the  state  (art,  ix,  sec.  3)  350. 
Taxes,  for  state,  county  or   municipal  pur- 
pose, local  or  special  law  for  collection 
or  assessment  invalid  (art,  iv,  sec.  20)278. 
Homestead  liable  for  (art.  iv,  sec.  30)  288. 
Local  or  special  laws  not  to  be  passed  for 
assessment  or  collection  of  (art.  iv,  sec. 
20)  27S. 

Not   to  be  higher  on   land  of   nonresident 
citizen  of  the  United  States  than  of  resi- 
dent 22S. 
Not  to  be  imposed  by  the  state  on  United 

States  property  228. 
Teachers,  in  public  schools  required  to  take 

constitutional  oath  (art.  xi,  sec.  5)  357. 
Term,  of  certain  state  officers  until  Tuesday 
after  first  Monday  in  January  (art.  xvii, 
sec.  18)  4i>2. 

Of  state  officers  until  Tuesday  after  first 
Monday  in  January,  qualification  of  suc- 
cessors (art.  xvii,  sec.  8)  3'.»2. 
Terms  of  office,  certain  state  officers  to  qualify 
on  first  Tuesday  after  first  Monday  in 
January  (art,  xvii,  sec.  18)  394. 
Of   senator   and    assemblyman  (art.  xvii, 

sec.  10)  394. 
Terms  of  supreme  court,  until  provision  made 

by  law  (art.  xvii,  sec.  15)  399. 
Terms  of  court,  times  of  holding  supreme  and 
district  to  be  as  fixed  by  law  (art.  vi,  sec.  7) 
322. 

Tenure  of  office,  legislature  not  to  create  for 
more  than  four  years  unless  provided  by 
constitution  (art.  xv,  sec.  11)  379. 
When  may  be  provided  by  law,  when  held 
at  pleasure  of  authority  making  appoint- 
ment (art.  xv,  sec.  11)  379. 
Territorial,  county  and  township  officers,  con- 
tinued in  office  under   state    government 
(art.  xvii,  sec.  13)  397. 
Territorial  officers,  continued  in  office  until 

?ualification  of  state  officers  (art.  xvii,  sec. 
4)  398. 

Territorial  probate  courts,  cases  in  transferred 

to  state  district  courts  (art.  xvii,  sec.  23)  407. 

Territory  of  Nevada,  acts  and  laws  in  force 

at  time  of  admission  of  state  to  remain 

in  force  until  repealed  (art.  xvii,  sec.  2) 

386. 

All  property  and  archives  vested  in  state 

(art.  xvii,  sec.  4)  388. 

Indebtedness   of,  state   became  liable  for 

under  constitution  (art.  xvii,  sec.  7)  391. 

Laws  of  remain  in  force  in  state  (art.  xvii, 

sec.  2)  386. 
Rights    of   transferred   to  state  (art.  xvii, 

sees.  1,  3,  4)  385,  387,  388. 
Testimony,  judge  may  state  to  jury  (art.  vi, 

sec.  12)  327. 

Of  two  witnesses  or  confession  required  for 
conviction  of  treason  (art.  i,  sec.  19)  248. 
Tickets,  lottery,  sale  of,  prohibited  ( art.  iv,  sec. 
24)  282. 


Constitution,  state 


INDEX 


2328 


Title,  bill  or  statute  to  embrace  but  one  sub- 
ject to  be  expressed  in  (art.  iv,  sec.  17)  275. 

Statute  not  to  be  amended  by  reference  to 
only,  reenactment  at  length  (art.  iv,  sec. 
17)275. 

To  real  estate  or  mining  claim,  in  action 
involving  supreme  court  has  appellate 
jurisdiction  (art.  vi,  sec.  4)  319. 

To  real  property,  district  court  has  juris- 
diction in  cases  involving  (art.  vi,  sec.  6) 
321. 

To  real  property  or  mining  claims  or  ques- 
tions of  boundaries  not  to  be  tried  in 
justice's  court  (art.  vi,  sec.  8)  323. 
Toleration  of  religious  sentiment  secured  228. 
Toll,  district  court  has  jurisdiction  of  cases 
involving  legality  (art.  vi,  sec.  6)  321. 

In  action  involving  legality  supreme  court 
has  appellate  jurisdiction  (art.  vi,  sec.  4) 
319. 
Toll  rates,  maybe  regulated  by  the  legislature 

(art.  iv,  sec.  20)  278. 
Toll  roads,  rates  may  be  regulated  by  the 

legislature  (art.  iv,  sec.  20)  278. 
Town,  indebtedness  of,  liability  to,  local  or 
special  law  releasing,  invalid  (art.  iv,  sec. 
20)  278. 

Shall  not  become  stockholder  in  or  loan  to 
any  company,  corporation  or  association 
except  railroad  companies  (art.  viii,  sec. 
10)  347. 

State  not  to  assume  debt  of  unless  created 
for  public  defense  (art.  ix,  sec.  4)  351. 

To  make  provisions  for  support  of  its  own 
officers  subject  to  regulations  prescribed 
by  law  (art.  xvii,  sec.  21)  405. 
Towns,  legislature  shall  provide  for  organiza- 
tion of  by  general  laws  and  restrict  their 
powers  except  for  procuring  water  (art. 
viii,  sec.  8)  345. 

Legislature  to  restrict  powers  of  taxation, 
assessment,  borrowing  money,  contract- 
ing debts  and  loaning  credit  except  for 
procuring  water  (art.  viii,  sec.  8)  345. 
Township  business,  local  or  special  law  regu- 
lating, not  to  be  passed  (art.  iv,  sec.  20)  278. 
Township  government,  legislature  to  establish 

uniform  (art.  iv,  sec.  25)  283. 
Township  officers,  fees  of,  may  be  regulated 
by  the  legislature  (art.  iv,  sec.  20)  278. 

Local  or  special  law  regulating  election  of 

prohibited  (art.  iv,  sec.  20)  278. 
Treason,  defined,  two  witnesses  or  confession 
required  for  conviction  (art.  i,  sec.  19)  248. 

Governor  may  suspend  execution  of  sen- 
tence until  next  legislature,  which  may 
pardon,  reprieve  or  direct  execution  of 
sentence  (art.  v.  sec.  13)  306. 

Person  convicted  of,  not  to  be  elector  unless 
restored  to  civil  rights  (art.  ii,  sec.  1)  250. 

Person  convicted  of,  not  to  be  pardoned 
(art.  V.  sec.  14)  307. 

When  governor  may  direct   execution  of 

sentence  (art.  v,  sec.  13)  306. 
Treasurer,    state,    election,   term,   eligibility 

(art.  v,  sec.  19)  312. 

Trial,  in  civil  cases  three-fourths  of  jury  may 
render  verdict,  but  legislature  by  two- 
thirds  vote  may  require  unanimous  (art. 
i,  sec.  3)  232. 


Trial— continued . 

Eight  of  presentment  or  indictment  and  to 

have  counsel  (art.  i,  sec.  8)  237. 
Trial  by  jury,  secured  but  may  be  waived  in 

civil  cases  (art.  i,  sec.  3)  232. 
Tribunal,  inferior,  in  cases    appealed    from, 

district  court  has  final  appellate  jurisdic- 
tion (art.  vi,  sec.  6)  321. 
Tunnel  companies,  rates  may  be  fixed  by  the 

legislature  (art.  iv,  sec.  20)^278. 
Undue  influence,  laws  to  be  passed  prevent- 
ing at  elections  (art.  iv,  sec.  27)*285. 
United  States,  lands  granted  by  to  state  and 
proceeds  dedicated  to  educational  pur- 
poses (art.  xi,  sec.  3)  355. 

May  employ  armed  force  to  compel  obedi- 
ence to  authority  (art.  i,  sec.  2)  231. 

Office  under,  not  to  be  held  by  governor, 
exception  (art.  v,  sec.  12)  305. 

Property  of,  not  to  be  taxed  by  state  228. 
United  States  bonds,  legislature  may  invest 

school  moneys  in  (art.  xi,  sec.  3)  355. 
United  States  senator,  when  and  how  elected, 

when  governor  may  convoke  legislature  in 

joint  session  for  (art.  iv,  sec.  34)  292. 

University,  state  (legal  and  corporate  name 

"University  of  Nevada,"  4638) ,  controlled 

by  board  of  regents  whose  duties  shall 

be  prescribed  by  law  (art.  xi,  sec.  4)  356. 

From  accruing  interest  to  maintain  mining 
department  (art.  xi,  sec.  8)  360. 

Legislature  to  provide  for,  to  embrace 
departments  of  agriculture,  mechanic 
arts  and  mining  (art.  xi,  sec.  4)  356. 

Legislature  to  provide  special  tax  for  (art. 
xi,  sec.  6)  358. 

Portion  of  interest  on  school  moneys  may 
be  appropriated  for  support  (art.  xi,  sec. 
3)  355. 

Proceeds  from  lands  granted  state  by  act 
of  Congress  of  July  2,  1862,  for  college, 
for  benefit  of  agriculture,  mechanic  arts 
and  military  tactics,  to  be  invested  by 
board  of  regents  in  separate  fund,  to  be 
irreducible  (art.  xi,  sec.  8)  360. 

Sectarian  instruction,  not  to  be  imparted 
(art.  xi,  sec.  9)  361. 

Teachers    required   to  take   constitutional 

oath  (art.  xi,  sec.  5)  357. 

Unlawful   detainer,  district  court  has  juris- 
diction (art.  vi,  sec.  6)  321. 
Vacancy,  appointee  to  hold  until  next  elec- 
tion (art.  v,  sec.  8)  301;  (art.  xvii,  sec.  22) 
406. 

In  legislature,  governor  to  issue  writ  to  fill 
(art.  iv,  sec.  12)  270. 

In  office  of  governor  and  lieutenant-governor 
president  pro  tempore  of  senate  to  act 
(art.  v,  sec.  17)  310. 

In  office,  when  and  how  filled  by  governor 
(art.  v,  sec.  8)  301;  (art.  xvii,  sec.  22)  406. 

On  removal  of  judicial  officer  by  legislature, 
member  not  eligible  for  position  (art.  vii, 
sec.  3)  336. 
Vacating   roads,  streets,   public    squares    or 

plats,  local  or  special  laws  are  invalid  (art. 

iv,  sec.  20)  278. 
Venue,  legislature  not  to  pass  local  or  special 

law  for  change  of,  in  civil  or  criminal  cases 

(art.  iv,  sec.  20)  278. 


2329 


INDEX 


Contempt 


Verdict,  legislature  by  two-thirds  vote  may 
require  unanimous  in  civil  cases  (art.  i,  sec. 
3)  232. 
Veto  power  of  governor,  how  legislature  may 

pass  bill  over  veto  (art.  iv,  sec.  35)  293. 
Volunteer    corps,   legislature    to    encourage 

(art.  xii,  sec.  1)  363. 

Vote,  lieutenant-governor  as  president  of  sen- 
ate has  casting  (art.  v,  sec.  17)  310. 
Of  people  to  be  by  ballot,  of  legislature 

viva  voce  (art.  ii,  sec.  5)  254. 
Plurality  of  given  at  election  to  constitute 
choice,  where  not  otherwise  provided  by 
the  constitution  (art.  xv,  sec.  14)  382. 
Soldiers  and  sailors  have  right  to  without 

paying  poll  tax  (art.  ii,  sec.  3)  252. 
Voters^  if  majority  signify  approval  of  la\v  it 
shall  not  be  annulled  except  by  direct 
vote  of  the  people,  or  if  they  disapprove 
it  shall  be  void  (art.  xix,  sec.  2)  413. 
Qualifications  of;  as  amended  1880  (art.  ii, 

sec.  1)  250. 

Ten  per  cent  may  have  law  passed  by  legis- 
lature submitted  for  approval  or 'disap- 
proval of  electors  at  next  ensuing  election 
tart,  xix, sec.  1)  412. 

War,  in  case  of,  property  may  be  taken  for 
public  use,  compensation  to  be  made 
afterward  (art.  i,  sec.  8)  237. 
Soldiers  not  to  be  quartered  in  house  in 
time  of  except  as  prescribed  by  law  (art. 
i,sec.  12)  I'll. 

Warrant,  for  search  and  seizure  shall    not 
issue  but  on  probable  cause  supported  by 
oath  and  particulars  (art.  i,  sec.  18)  217. 
Wife,  homestead  not  to  be  alienated  without 

consent  of  (art.  iv,  sec.  30)  2 
Separate  property  of,  defined  (art.  iv,  sec. 

31)  289. 

Will,  invalid,  local  or  special  law  giving  effect 
to,  invalid;  as  amended  1889  (art.  iv,  sec. 
20)  27S. 
Witness,  accused  not  to  be  required  to  be 

against  himself  (art.  i,  sec.  8)  237. 
Shall  not  be  rendered  incompetent  on  ac- 
count of  religious  belief  (art.  i,  sec.  4)  233. 
Witnesses,  not  to  be  unreasonably  detained 

(art.  i,  sec.  6)  235. 
Two  or  confession  required  for  conviction  of 

treason  (art.  i,  sec.  19)  248. 
Women,  certain,  eligible  to  office  of  superin- 
tendent of  public  schools  and  school  trustee 
(art,  xv,  sec.  3)  371. 

Worship,  religious,  freedom  of  shall  be  for- 
ever allowed  (art.  i,  sec.  4)  233. 
Writ  of  certiorari,  supreme  court  empowered 

to  issue  (art.  vi,  sec.  4)  319. 
Writ  of  habeas  corpus,  justice  of  supreme 
court  may  issue  to  any  part  of  the  state, 
returnable  before  himself,  the  supreme 
court  or  district  court  or  judge  (art.  vi, 
sec.  4)  319. 

Shall  not  be  suspended  unless  public  safety 
require  in  case  of  rebellion  or  invasion 
(art.  i,  sec.  5)  234. 
Supreme  court  empowered  to  issue  (art.  vi, 

sec.  4)  319. 
Writ  of  mandamus,  supreme  court  empowered 

to  issue  (art.  yi,  sec.  4)  319. 
Writ  of  prohibition,  supreme  court  empow- 
ered to  issue  (art.  vi,  sec.  4)  319. 


Writ   of   quo  warranto,  supreme  court  em- 
powered to  issue  (art.  vi,  sec.  4)  319. 
Writs,  of  mandamus,  injunction,   quo  war- 
ranto,   certiorari,    habeas    corpus,    and 
other,    district    court   or    district    judge 
may  issue  (art.  vi,  sec.  6)  321. 
Proper  to  complete  exercise  of  appellate 
jurisdiction,   supreme   court    may   issue 
(art.  vi,  sec.  4)  319. 

Yeas  and  nays,  in  legislature,  to  be  entered 
at  desire  of  three  members  (art.  iv,  sec. 
14)  272. 
To  be  entered  on  final  passage  of  bill  in 

legislature  (art.  iv,  sec.  18)  276. 
To  be  taken  in  each  house  on  amendment 

to  constitution  (art.  xvi,  sec.  1)  383. 
Two-thirds  of  each  house  necessary  to  pass 
bill  over  governor's  veto  (art.  iv,  sec.  35) 
293.  

Contagious  or  infectious  disease.     See  Public 
Health. 

Act  preventing  spread  of  2996-3003.  See 
Public  Health. 

Among  animals.     See  Live  Stock. 

Clothing  or  bedding  used  by  person  having, 
unlawful  to  use  again,  penalty  6533. 

Exposing  person  to,  penalty  6530. 
Contempt.     See  Civil  Practice. 

Attorney  practicing  without  license  506. 

Bail  may  be  given  5398,  5400. 

By  failure  to  obey  subpena  issued  by  rail- 
road commission  45«il. 

Citation,  personalty  tax  suit,  refusal  to  obey 
8679. 

Civil  action,  district  court  5394-5407. 

Civil  action,  justice's  court  5795-5799. 

Coroner,  subpenas  of,  failure  to  obey  7548. 

Corporations,  refusal  to  obey  order  for  elec- 
tion of  directors  1130. 

Criminal,  defined  2834,  6368. 

District  judge,  application  to  other  for  order, 
when  constitutes  4882. 

Disobedience  of  order  of  district  judge  for 
removal  of  officer  of  corporation  1223. 

Either  house  of  legislature  may  punish  or 
imprison  for  265. 

Estate  matters,  failure  to  respond  to  cita- 
tion 5954. 

Executor  or  administrator,  commitment  for 
6102. 

Failure  to  attend  under  subpena  for  taking 
of  testimony  5432. 

Failure  to  obey  order  for  election  of  direct- 
ors of  corporations  1130. 

Failure  to  obey  order  of  court  in  quo  war- 
ranto, deemed  5679. 

Failure  to  obey  order  of  judge  for  delivery 
to  officers-elect  of  books  and  papers  of 
corporation  1182. 

Failure  to  obey  order  of  justice  or  judge  for 
correction  of  error  or  omission  relating  to 
primary  election  1763. 

Failure  to  obey  subpena  to  appear  before 
public  service  commission  4532. 

For  failure  of  witness  to  obey  subpena,  to 
be  sworn  or  testify  or  subscribe  to  affi- 
davit or  deposition  5438. 

For  refusal  to  produce  book  or  writing  for 
inspection  5416. 

Illegitimate  child,  orders  concerning  766. 


Contempt 


INDEX 


2330 


Contempt — continued . 

Imprisonment  for  omission  of  act  5404. 

In  cases  where  witness  may  be  punished 
for  disobedience,  not  subject  to  civil 
arrest  5445. 

In  immediate  view  and  presence  of  justice's 
court,  proceedings  for  5796. 

Indictment  for  contemptuous  conduct,  sen- 
tence 5406. 

Justice's  court,  civil  action  5795-5799. 

Justice's  court,  criminal  action  7519,  7521. 

Legislature,  either  house  may  punish  for 
(Nev.  Const.)  265. 

Municipal  court  may  punish  for  same  as  jus- 
tice of  the  peace  835. 

Not  in  immediate  view  and  presence  of 
justice's  court,  proceedings  for  5797. 

Officer  taking  acknowledgment  may  com- 
mit witness  for  refusal  to  testify  1034. 

Orders  under  juvenile  court  law,  interfer- 
ence with  732,  754. 

Party  may  be  adjudged  guilty  of  and  fined 
for  failure  to  obey  writ  of  mandamus  5707. 

Party  may  be  punished  for  removing  ore 
during  postponement  of  trial  to  allow 

•  development  of  mining  claim  5203. 

Penalty  for  5403. 

Person  failing  to  appear  as  interpreter  when 
summoned  may  be  punished  for  5430. 

Practicing  law  without  license  506. 

Proceedings  may  be  taken  against  party 
refusing  to  testify  or  give  deposition  5421. 

Process,  resistance  of  2833,  2834. 

Punished  as  crime,  effect  6299,  6305. 

Referee  in  bankruptcy,  before  583. 

Service  of  notices  and  papers  not  applica- 
ble in  certain  cases  5368. 

To  apply  for  order  after  application  for 
same  has  been  refused  except  to  judge 
of  higher  court  4882. 

What  acts  punishable  as  in  justice's  court 
5795. 

What  punishments  may  be  imposed  for  by 
justice's  court  5798. 

When  garnishee  liable  for  on  failure  to  de- 
liver to  sheriff  5188. 

When  papers  must  be  served  upon  party 
instead  of  attorney  5375. 

Will,  failure  to  produce  5865. 

Witness,  under  criminal  parctice  act  7361. 
Contest.     See  Election  Contest  under   Civil 
Practice,  Elections,  Estates  of  Deceased 
Persons,  Quo  Warranto. 

Before  U.  S.  land  office  as  to  mineral  or 
agricultural  character  of  land  2397. 

For  county  or  township  office,  complaint  or 
proceedings,  when  not  to  be  dismissed 
for  want  of  form  1807. 

For  nomination  under  primary  election  law 
1764. 

For  office,  time  for  commencement  of  4972, 
4973. 

For  state  lands  to  be  determined  by  dis- 
trict court  3208. 

In  proceeding  to  restore  lost  records,  how 
made  5644. 

Of  election  1805-1811,  1818-1820. 
For  city  office,  how  brought  and  deter- 
mined 801. 
When  time  begins  to  run  1894,  1895. 

Of  will  5872-5876. 


Contested  election,  action  may  be  brought  by 
district  attorney  wrhen  any  person  unlaw- 
fully holds  any  public  office  1814. 

For  county  or  township  office,  clerk  of  board 
of  county  commissioners  to  issue  certifi- 
cate in  accordance  with  judgment  1810. 

For  county  or  township  office,  if  judgment 
annuls  election  and  no  appeal  taken  with- 
in 30  days  certificate  becomes  void  1812. 

For  county  or  township  office,  issuance  and 
service  of  subpena,  attachment  to  com- 
pel attendance,  witnesses  1809. 

For  district  judge,  triable  in  adjoining  dis- 
trict court  in  like  manner  as  contest  for 
county  or  township  office  1813. 

For  member  of  legislature,  either  party  may 
take  depositions  under  rules  of  district 
court,  forwarding  to  secretary  of  state, 
delivery  to  presiding  officer  1822. 

For  member  of  legislature,  how  started  and 
conducted,  service  of  notice,  depositions, 
how  taken  and  transmitted  1818-1820. 

For  member  of  legislature,  justice  of  the 
peace  to  issue  subpena  for  taking  deposi- 
tions, witness  may  be  attached  and  fined, 
certification  of  testimony  to  county  clerk 
1819. 

For  member  of  legislature,  presiding  officer 
to  notify  members  of  receipt  of  deposi- 
tions and  papers  1821. 

For  member  of  legislature,  secretary  of 
state  to  receive  depositions  and  papers 
and  deliver  to  presiding  officer  1820-1822. 

For  state  office,  attorney-general  to  prose- 
cute, supreme  court  has  original  jurisdic- 
tion, justice  may  issue  process  1823. 

One  action  may  be  brought  against  several 
claiming  same  office  1817. 

Successful  contestant  may  recover  damages 
1816. 

When  district  attorney  may  have  person 

arrested  for  receiving  fees,  bail  1815. 
Contestee,   for   nomination    under    primary 

election  law,  when  required  to  appear  and 

abide  order  1764. 
Continuance.     See  Civil  Practice. 
Contracts.     See  Civil  Practice,  Husband  and 
Wife,  Revenue. 

Husband  and  wife  may  enter  into  2173. 

Impairment  by  state  forbidden  (U.S.  Const) . 
137,  (Nev.  Const.)  244. 

Indebtedness  of  state  void,  when  (Nev. 
Const.)  300. 

Land,  assessment  minimum  valuation  3838. 

Lawful  age  to  make  431. 

Marriage  not  valid,  when  2184. 

Obligation  of  not  to  be  impaired  (U.  S. 
Const.)  137,  (Nev.  Const.)  244. 

Of  separation  not  to  alter  legal  relations 
except,  consideration  2174,  2175. 

Public  officers  having  interest  in,  penalty 
812,  1522,  2827-2830,  4651,  6331. 

State  cannot  impair  obligation  (U.S.  Const. ) 
137,  (Nev.  Const.)  244. 

Specific  performance,  estates  of  deceased 
persons  6032,  6033,  6147. 

Supplies,  warrant  for,  to  withhold,  when 

4475. 
Contractor  or  subcontractor,  when  liable  to 

workmen    and    owner   under    employers' 

liability  act  1924. 


2331 


INDEX 


Conveyances 


Contributory   dependency    and    delinquency 
defined,  suspension  of  sentence  728, 757-764. 
See  Juvenile  Court  Law. 
Contributory  negligence,  1915.    See  Employer 

and  Employee. 

Controller  4154-4189.     See   State  Controller. 
Election,  term,  eligibility  312. 
To  perform  duties  prescribed  by  law  315. 
Controversy  submitted  without  action  5252- 

5254.     See  Civil  Practice. 
Convention.     See  Elections. 
Defined  1834. 

National,    delegates    to.  how    and    when 
elected  1737,  1760, 1834.     See  note  under 
Primary  Elections,  under  index  to  Elec- 
tions. 
To  revise  state  constitution  (Nev.  Const.) 

384. 

( 1<  >n  version.    See  Estates  of  Deceased  Persons. 
Action  for  5952-5'.'.V>.  W23.  <K)24. 
Of  estate,  before  issuance  of  letters  5952- 

5965. 
Conveyance,  evidence  of,  mar  be  rebutted 

1045,  1046. 

Judgment  or  order   for  execution   of,  not 
-taxed  unless  executed  and  deposited  with 
clerk  5350. 
Mortgage    of    real    property,   not    deemed 

without  foreclosure  5518. 
Of   lot  in  federal   townsite,  execution  of, 
after  trial  of  adverse  claims  in  district 
court  1984. 

CONVEYANCES 

ACKNOWLEDGMENT— 

Effect  of  21^. 

Form  .iiid  certificate  of  1022-1  »>2<J. 

Good  whero  taken,  valid  1O25. 

Idem  it  v  of  person  making  1023. 

May  take   1*83. 

Of  wife,  form  2143,  2186,  2188. 

Officers  taking,  to  keep  record  1098,  1099. 

Taken  out  of  state  1096,  1097. 

What  officers  may  take  1020. 

Who  may  make  1017-1020. 

Wife's  power  of  attorney  2187. 
Adverse  possession  does  not  prevent  1048. 
After  acquired  title  1047. 
Agent  may  subscribe  1082. 
Attorney  in  fact  may  make  1017.  1082. 
Attornment  1060,  1061. 
Between  husband  and  wife  2173. 
Certificate  of  acknowledgment  1024-1026. 
Certificate,  proof  of  execution  by  witness  1032. 
Community  property  2160. 
Consideration,  not  to  be  adjudged  void  solely 

for  want  of  1086. 
Contingent  remainder  1059. 
Covenants,  "grant,  bargain  and  sell"  1062, 1063. 
County  records  impart  notice  1093. 
DEED— 

Conveying  homestead,  may  be  authorized  by 
court  and  recorded  when  wife  insane  2146, 
2147. 

Derived  from  sale  of  real  property  for  delin- 
quent taxes  conclusive  evidence  of  title, 
possession  recoverable  in  justice's  court 
3666. 

Invalid,  local  or  special  law  giving  effect  to 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

Lost  or  destroyed,  validated  5639. 


Deed — continued. 

May  be  made  by  successor  of  officer  making 
sale  of  real  estate  fur  delinquent  taxes  or 
under  execution  or  order  of  sale  1662, 
1663. 

Of  sheriff,  executor,  administrator,  guardian, 
assignee,  receiver,  trustee  or  commissioner, 
when  prima  facie  evidence  of  regularity  of 
sale  when  record  lost  5631. 

Of  sheriff  under  execution  sale  and  subse- 
quent redemption,  who  entitled  5301. 

Or  other  writing  fraudulently  or  maliciously 
injuring  or  destroying,  penalty  6671. 

Recorded  in  office  of  county  recorder  imparts 
notice  1093. 

Requisites  of  1017. 

To  include  all  property  sold  for  taxes  bid  in 
by  county  treasurer  36(51). 

To  lot  in  federal  townsite.  execution  of  after 
trial  of  adverse  claim  in  district  court 
1984. 

To  lot  in  federal  townsite,  when  to  be  made 
to  guardian  or  trustee  of  minor  or  insane 
person  1986. 

I'nder  tax  sale  by  treasurer  not  priina  facie 
evidence  of  title  in  purchaser  when  record 

destroyed    r,631. 

DEED  OF  TRUST— 

Lost  and  restored,  limitation  5638. 

Sale  for  taxes  on  3787. 

Taxes  are  lien  :l»7X6,  3787. 
Defined   K»s!>. 

Discharge  of  mortgage  or  lien  1049-1052. 
Estate  in   fee  presumed   1056. 
Estate  tail    1O5!». 

Kvidenre.     rouiMft  eney    of    1043-1046. 

Execution,  proof  of  1027-1034. 

Express  covenants  1063. 

!•'••(•  simple  esiate.  presumed  1056. 

Form  of  acknowledgment  1025,  1026. 

Fraudulent  conveyance,  when  void  1064,  1065, 

lore. 

"Grant,  bargain  and  sell,"  import  of  1063. 

Handwriting,  evidence  of  1031. 

"Heir,"  defined  1O.7T. 

Homestead  2143,  2146-2148. 

Husband  and  wife  2160,  2180. 

In  action  for  partition,  must  be  recorded  and 
are  bar  against  parties  5565. 

Lands  defined  1088. 

Lien,  how  discharged  1049-1052. 

Lien  law  2213-2231. 

Lineal  and  collateral  warrantees  abolished 
1062. 

Marriage  contracts  2181-2185. 

Married  women,  acknowledgment  of,  officer 
may  take  1037. 

Married  woman,  covenants  binding  on  1036. 

Married  woman's,  effect  of  1018. 

Mining  claims  1100-1102. 

Mining  claims  by  minor  1103,"  1104. 

Mining  rules  not  affected  by  act  1091. 

Mortgage,  failure  to  discharge,  penalty  1052. 

Mortgage,  how  discharged  1049-1052. 

Mortgage  on  personal  property  1080. 

Mortgage  not  deemed  conveyance  without  fore- 
closure 5518. 

Mortgage  on  possessory  claim  1090. 

Notice  of  record  1038,  1040. 

Patents,  entitled  to  record  1035. 

Posthumous  child,  effect  on  1058,  1059. 


Conveyances 


INDEX 


2332 


Possessory  claim  1090. 
Possession  not  necessary  to  1048. 
Power  of  attorney  by  wife  2187. 
Power  of  attorney,  form  and  requisites  1041. 
Power  of  attorney,  revocation  of  1042. 
Prior  conveyances  valid  1053,  1054. 
Prior  records,  validity  of  1021. 
Proof  of  execution  1027-1034. 
Provisions    for    revocation,    determination    or 
alteration    at    will    of    grantor,    when    void 
1066-1068. 
Records,  certified  copy  of  evidence  1044-1046, 

1094. 
Recorded  in  office  of  county  recorder  impart 

notice  1038,  1039,  1093. 
Recorded,  when  entitled  to  be  1035. 
Remainders  1057-1059. 
Reversions  and  remainders  1057-1060. 
Revocation,  reservation  of  power,  effect  1066- 

1068. 

"Seal"  or  "L.  S."  unnecessary  1095. 
Specific  performance  1073. 
STATUTE  OF  FRAUDS  1069-1092— 

Agreements  not  in  writing,  when  void  1075- 

1077. 

Auction  sale  1077. 

Bona  fide  purchaser  without  notice  1087. 
Bottomry  or  respondentia,  contracts  of  1081. 
Chattel  mortgage  1080. 
Choses  in  action  1074. 
Contract  for  sale  of  goods,  chattels,  or  things 

in  action  1076. 
Creditors,   contracts  to   defraud  void,   when 

1083. 
Creditors,  gifts  or  transfers,  when  void  as 

to  1074. 
Creditors,    sale    of    merchandise,    bulk    act 

3908-3912. 

Fraudulent  intent,  question  of  fact  1086. 
Heirs,  successors,  representatives  or  assigns 
of  creditors  or  purchasers,  rights  of  1085. 
Judgment,  void  as  to  creditors,  when  1083. 
Lease,  agent  may  subscribe  1072. 
Lease  for  year  or  more  1069-1072. 
Lease  longer  than  ten  years,  void  1092. 
Leases,  town  or  city  lots  or  property,  longer 

than  twenty  years,  void  1092. 
Mortgage  of  personal  property  1080. 
Sale,  when  evidence  of  fraud  1078,  1079. 
Sales  of  merchandise,  bulk  act  3908-3912. 
Specific  performance  1073. 
Trust  1069,  1070. 
Trust,  grants  or  assignments  of,  when  void 

1084. 

Trust,  void  as  to  creditors  1074. 
Valuable  consideration,  want  of,  effect  1086. 
Wills,  not  applicable  to  1070. 
Subject  to  lis  pendens  5021. 
Subsequent  acquired  title  1047.  • 
Subsequent    purchaser    with    notice    of    fraud 

1065. 

Tenancy  in  common,  when  created  1055. 
Unrecorded,  valid  between  parties  1038,  1040. 
Unrecorded,  void  as  to  whom  1040. 
Warrantees,  "grant,  bargain  and  sale"  1063. 
Warrantees,    lineal    and    collateral,    abolished 

1062. 

Wife,  sole  trader  act  2190-2194. 
Witness  to  conveyance,  subpena  for  1033,  1034. 
Witnesses  to  execution,  proof  by  1027-1034. 


Conviction,  and  execution  of  innocent  person 

by  perjury  deemed  murder,  penalty  6352. 
Of  bribery  or  embezzlement  of  public  funds 

disqualifies    from   holding   office    (Nev. 

Const,  art.  iv,  sec.  10)  268. 
Of  certain   crimes    excludes    elector    from 

jury  unless  restored  to  civil  rights  (Nev. 

Const,  art.  iv,  sec.  27)  285. 
Of  contempt  in  justice's  court  to  be  entered 

in  docket  5799. 

Of  lesser  degree  or  attempt  6290,  7219. 
Or    acquittal    in    other    county,  state    or 

country  6279,  6280. 

Convicts,  under  protection  of  law  6278. 
When  statute  of  limitations  does  not  run 

in  civil  actions  4976.     See  State  Prison 

and  Jails. 

Cooperative  associations  1249-1260.    See  Cor- 
porations. 
Coordinate  departments  of  government  (Nev. 

Const.)  258. 

Coowner  of  mining  claim  failing  to  contribute 
to  expense?  forfeiture  of  interest,  how  2382, 
2432.     See  Mines  and  Mining. 
Copies,  prepared,  fees  for  certifying  to  2045. 
Copy.     See  Civil  Practice. 
Copyrights,  Congress  to  provide  for  118. 

On  state  publications  4307,  4308. 
Cord,  firewood,  measurement,  what   consti- 
tutes 4807. 

Coroner.     See  Officers  Generally. 
Actions  against  for  official  misconduct,  may 

be  commenced  within  two  years  4967. 
Burial,  expense,  how  paid  7557. 
Burial,  permit  to  issue  6549,  6550. 
Dead  body,  duty  in  relation  to  6814. 
Deputy,  appointment  of  7543. 
Deputy,  responsible  for  on  bond  7543. 
District  8542. 
Entitled   to  only  one  mileage  for  serving 

more  than  one    process   in  same  action 

requiring  only  one  journey  2037. 
Fees  1998,  2010. 

Fees,  payable  by  county  7556,  7558. 
Fees,  sheriff  acting  as  7558. 
Fees,  when  acting  as  sheriff  2010. 
Inquest,  contempt  failure  to  obey  subpena 
7548. 

Juror,  failure  to  attend,  penalty  7545. 

Jurors,  number  7544. 

Juror,  oath  of  7546. 

Physician  or  surgeon,  may  summon  7547. 

Testimony  reduced  to  writing,  filing  7550. 

Verdict,  contents  7549. 

Warrant  of  arrest  for  accused,  service  and 
return  7551,  7552. 

Witnesses,  subpena  for  7547. 
Jurisdiction,  adjoining  township  7559. 
Jurors,  pay  of  7560. 
Justice  of, peace,  ex  officio  7543. 
Mileage  2037. 
Property  found  with  deceased,  disposition 

7553. 
Property  of  deceased,  affidavit  of  coroner 

concerning  7556. 
Property   of   deceased,   proceeds   paid   to 

representatives  7555. 

Property  to  deliver  to  treasurer,  when  7553. 
Sale  of  deceased's  property,  when  7554. 
Sheriff,  acting  as,  fees  7558. 


2333 


INDEX 


Corporations 


Coroner— continued. 

Sheriff,  coroner  to  succeed,  when  2882. 
Township,  coroner's  district  7542,  7559. 
Township  without,  nearest  may  act  7559. 
Treasurer  custodian  of  property,   sale  of 

7553,  7554. 

When  to  return  and  stay  execution  pend- 
ing appeal  in  district  court,  D.  C.  rule 
xxii,  p.  1429. 

Corporate  authorities,  may  act  in  case  of 
death  or  disability  of  trustee  in  federal 
townsite  1991. 

Townsite,  federal,  may  enter,  may  discharge 
trust  after  term  expires  1961,  1988.     See 
Townsite. 
Corporate  elections,  revisory  power  of  court 

over  1130. 
Corporate  existence,  proof  of  1184, 5079,  7176. 

When  begins  1109. 

Corporate  powers,  special  legislation  concern- 
ing forbidden  338. 

Corporate  property,  sale  of,  when,  by  district 
court  1197,  1198. 

CORPORATIONS 

Accident,  health  and  life  insurance  com- 
panies 1810-1: 524. 

Accident  insurance  companies  1106. 

Act,  iiuiy  be  amended  or  repealed  but  can- 
not effect  rights  previously  acquired  1214. 

Action,  of  directors  or  stockholders  at  meet- 
ing held  without  notice  may  be  ratified, 
how,  when  1212. 

After  dissolution,  collect  debts  and  settle 
business  through  trustees  1192. 

Agents  and  factors,  may  have  1126. 

Agent,  failure  to  maintain,  liability  1120. 

Agent,  to  be  in  charge  of  principal  office 
HIS,  11  L'O. 

Agreement  merger  signed  by  whom  11  in. 

Agreement  merger  submitted  to  stockholders 
how,  when  1145. 

Agreement,  proposed  merger  submitted  to 
stockholders,  ratification,  how,  when  1145. 

Already  formed,  have  power,  remove  direct- 
ors as  if  incorporated,  when  1183. 

Amendments,  articles  by  all  corporations  ex- 
.  cept  railroads,  how,  when  1143. 

Amendments,  articles,  mining  companies  not 
allowed  to  assess  stock  1200. 

Amendments,  changes  in  articles  designated 
1142. 

Amendments,  changes  after  organization 
made  by  whom,  how,  when  1142. 

Amount  of  dividend  declared  fixed,  how  1167. 

Ancient  Order  Hibernians  1410-1415. 

Appointment  of  receiver,  made  how,  when 
1194. 

Arbitration  committee  selected,  how  1147. 

Arbitration  committee  selected,  duties  and 
powers  1147. 

Articles  amended,  secure  right,  remove  offi- 
cials, court  procedure  1183. 

Articles  incorporation  defined  1205. 

Articles  incorporation  not  amendable  for  pur- 
pose of  assessment  1200. 

Articles,  what  to  set  forth  1108,  1114,  1115, 
1119. 

Assessed,  how,  when  3629.     See  Revenue. 

Assessment,  corporate  stock,  made  by  whom, 
how  1132. 

147 


Assessor,  to  demand  statement  from  of  em- 
ployees, when  3718. 

Authorized  to  provide  mode  and  manner  sub- 
scribing to  capital  stock,  how,  when  1200. 
Authorized  to  purchase  franchise  from  other 

companies,  when  1151. 
Bank  may  be  resident  agent  1119. 
Banking  corporations  616-694,  1112. 
Banking  powers  restricted  1112. 
Banks,  616-694.     See  Banks  and  Banking. 
Beginning  corporate  existence,  when  1109. 
Books  and  records  kept  at   principal    office 

1118,  1120. 

Book  of  by-laws  to  be  kept  1125. 
Books    for   names  of   stockholders  kept,  by 

whom  1172. 
Bonds,   consolidated  companies,    by   whom 

issued,  how  1150. 
Bonds  issued,  convertible  into  common  stock, 

by  whom,  how  1138. 
Bond  for  protection  required  for  issuing  lost 

or  destroyed  certificates  fixed,  how  1165. 
Building  and  loan  1356-1360,  1361-1364. 
By-laws,  how  made  1125. 
By-laws    may  provide  for    action,    majority 
'directors  not  at  regular  meeting  may  be  rati- 
fied by  all  others  1127. 

Capital  stock,  decreased  or  retired,  how  1144. 
Distributed  on  dissolution,  when  1169. 
May  be  paid  for  by  mining  ground,  when 

1200. 

Not  to  be  reduced,  when  1169. 
Subdivided,  how  1168. 
Subscribed  for,  paid,  how  1132. 
When  divided  into  shares  and  certificates 

issued,  deemed  personal  estate  1131. 
Care  of  delinquent  children,  forbidden  744. 
Cemetery  associations  1398-1409. 
Certain  acts  relating  to  corporations  omitted 

1440. 
Certain    companies   operating  without  state 

may  incorporate  under  general  law  1106. 
Certificate,  adoption  merger  agreement  filed 
with  secretary  of  state,  how,  when  1145. 
Consolidation,    merger    recorded,     when, 

where  1145. 
Corporation,  what  to  set  forth  1108,  1114, 

1115,  1119. 
Decreasing  capital  stock,  published,  how, 

when,  where  1144. 
Dissolution,  issued  by  whom,  how,  where 

1190. 

Incorporation  amended  for  subdivision  or 
increase  capital  stock,  how,  where  filed 
1168. 
Incorporation  curing  errors  and  omission, 

made  how,  filed  where  1141. 
Incorporation,  deemed  filed  and  recorded, 

when  amended  1139. 
Incorporation,  defined  1205. 
Incorporation,  failure  to  maintain  agent  or 

office  renders  void,  how  revised  1120. 
Removal   place   of   business,  filed,  when, 

where  1170. 
Renewal,  contain  what,  filed  and  recorded, 

where  1209. 

Stock,  contain  what,  signed  by  whom  1157. 
Stock  destroyed  or  lost,  reissued,  how  1164. 
Certified  copy  articles  prima  facie  evidence 
1110. 


Corporations 


INDEX 


2334 


Charters  expiring,  companies  renewed,  how 

1208. 

Cheap  transportation  lines  1341-1345. 
Collateral  attack  not  allowed  on  incorpora- 
tion 1154. 

Common  and  general  stock  synonymous  1114. 
Common  stock  convertible  from  bond  issue 

by  whom,  how,  when  1138. 
Compensation  county  clerk, services,  removal, 

proceedings  1182. 

Compensation  receiver  determined,  how  1199. 
Consideration  stock  issued  in  lieu  labor  or 

property  recorded,  when,  where  1156. 
Consolidated,   power  to  issue   bonds,   how, 

when  1150. 

Constitutional  references  on  corporations, 
dues  may  be  secured  as  prescribed  by 
law,  but  corporators  not  individually 
liable  for  debts  340. 

Formed  under  laws  of  Territory  of  Nevada 
subject  to  those  laws  and  state  laws  341. 
May  be  formed  only  under  general  laws, 
which  may  be  altered  or  repealed,  munici- 
pal corporations  excepted  338. 
May  sue  and  be  sued  same  as  individuals 

342. 
Municipal  may  be  formed  under  special  act 

338. 

Property  of  subject  to  taxation  same  as 
individuals,  of  corporations  formed  for 
municipal,  charitable,  religious  or  educa- 
tional purposes  may  be  exempted  by  law 
339. 
Kates  of  certain  may  be  regulated  by  the 

legislature  278. 

Right  of  way  not  to  be  appropriated  to  use 
of  until  compensation  is  made  or  secured 
344. 
State  not  to  assume  debt  of  unless  created 

for  public  defense  351. 
Contempt,  failure  or  refusal  to  obey  order  for 

election  of  directors  1130. 
Continuance,   after    dissolution    for   certain 

purposes  1191. 
Conversion,  preferred  stock  into  bonds  made 

how,  by  whom  1138. 
Cooperative  associations  1249-1260. 
Corporate  existence,  when  begins  1109. 
Corporations,  criminal  proceedings  against, 

complaint  against  7402. 
Before  justice  of  peace  7405. 
Execution  for  fine  7410. 
Indictment,  summons  on  7409. 
Preliminary  examination  7406,  7407. 
Proceeding",  against  for  misdemeanor  7405. 
Summons,  form  and  service  7402-7404. 
Corporators,  not   individually   liable    (Nev. 

Const.)  340. 
Creditor,  of  stockholder  entitled  information 

from  corporate  officers,  when  1173. 
Creditors,   rights    of    stockholders    may   be 

granted  to  1115. 

Cruelty  to  animals  associations  1373-1381. 
Cumulative  voting  1124. 
Decrease  capital  stock  not  to  release  liability 

stockholder,  when  1144. 
Decree  appointing  receiver  published  1196. 
Deemed  in  existence  after  dissolution  or  ex- 
piration franchise,  for  what  purposes  1191. 
Deemed  merged,  when  1146. 
Defective  articles  validated,  when  1185. 


Destruction  books  intent  to  defraud,  misde- 
meanor, when  1178. 

Directors,  acts  binding  on  company  1128. 
And  trustees  defined  1205. 
Appointed  to  fill  vacancy,  term  of  1129. 
Consent  necessary  transfer    unpaid  stock, 

when  1166. 
Deemed  trustees  after  dissolution,  how  long, 

when  1192. 
Election  of,  district  court  or   judge   may 

require  1130. 
Election  of,  revisory  power  of  district  court 

or  judge  over  1130. 
Executive  committee  may  authorize  to  act 

1127. 
Failure    call    meeting    elect    director    fill 

vacancy    made   by   removal,   contempt, 

punished,  how  1179. 
Judgment  on  labor  or    value  of   property 

exchanged  for  stock  conclusive,  when  1155. 
Liable  declaring  dividends  except  from  net 

profits,  when  1169. 

Liable  reduction  capital  stock,  when  1169. 
May  assess  corporate  stock, how,  when  1132. 
May  authorize  conversion  common  stock 

into  bonds,  how,  when  1138. 
May  be  removed  by  whom,  when  1179. 
May  cure  errors  and  omissions  in  articles 

1141. 

Meetings,  where  may  be  held  1118. 
Not   personally   liable   to    estates    owning 

stock,  when  1136. 
Or  officers  destroying  books,  misdemeanor, 

when  1178. 

Orofficers  removed,  vacancyfilled,  how  1182. 
Or  trustees,  meetings,  quorum  1127. 
Proposed  merger,  mav  enter  into  agreement 

1145. 

Quorum  1127. 
Refusal  produce  list,  stockholders  or  stock 

ledger,  penalized,  how  1159. 
Special  meeting  to  elect  1128. 
Stockholders  cannot  be  sued,  certain  cases 

1137. 

Stockholders  not  liable  for  debt  until  judg- 
ment obtained  and  execution  returned 

unsatisfied  1135. 
To  keep  stock  ledger  1172. 
To  take  oath  1123. 

Vacancies  by  failure  to  elect  or  qualify  1128. 
Vacancy  in  board,  may  fill  1128,  1129. 
When  may  qualify  1128. 

Disobedience    order   district   judge,  removal 

director  proceedings,  contempt,  when  1182. 

Dissatisfied    stockholders    entitled    payment 

stock  before  merger,  how  1147. 
Dissolution     accomplished    how,    procedure 

1190. 

Dissolved,  procedure  1189. 
District  court,  jurisdiction  upon  application 

to  dissolve  1195. 
May  enforce  calling  of    meeting   to  elect 

director  to  fill  vacancy  caused  by  removal 

1179. 
Or  judge  may  require  election  of  directors 

1130. 

Revisory  power  over  election  directors  1130. 
District  judge,  issue  certificate  election  newly 

elected  director  1182. 
Issue  notice  to  stockholders  for    meeting 

elect  directors,  when  1180. 


2335 


INDEX 


Corporations 


IMstrict  judge— continued. 

Revisory  power  over  election  of  directors 
11:50.  ' 

Summarily  decide  who  entitled  to  vote  for 

removal  directors,  when  1181. 
Dividends,  by  whom    declared,    how,  when 
1167. 

On  preferred  stock  1114. 

Payable  from  net  profits  only,  when  1169. 

Payable  upon  corporate  stock  by  married 

women  1131. 
Elections,  cumulative  voting  J124. 

Of  directors,  district  court  or  judge   may 
require,  when  1130. 

Of  directors  and  trustees  by  ballot,  excep- 
tion 1122,  1124. 

Of  directors,  revisory  power  of  district  court 
or  judge  over  1  i:i(). 

( »t'  director-,  when  may  be  held  1 12S. 
Electric    light,  heat   and    power   companies 

1281-1284. 

Employees  have  lien  for  wages,  when  1187. 
Endowment   insurance  companies  1310-1324. 
Errors  and  omissions  in  certificate  cured  by 

amendment .  how   MM. 
Estates  deceased  persons  owning  stock  liable 

as  other  stockholders,  how,  \\iien  11:56. 
Evidence  of  incorporation  1110;  foreign  1346; 

1347;  gem-rally  1221. 
Executive  committee  of  directors  Hi'7. 
Exemption    of    stock    held    by   nonresidents 

from  taxes,  when  1158. 
Failure  commence  business  works  forfeiture, 

when  1153. 
FaNe  entries  made  by  officers,  misdemeanor, 

when  1  17ii. 

False  statements  made  or  published  by  direct- 
ors, misdemeanor  1174. 
Fees,  secretary  state  filing  articles,  computed, 

how  1203. 

Filing  copies  of  articles  in  other  counties  nec- 
essary 1171. 
Fire  insurance  companies  1105,   1106,  1304- 

1309. 
First  meeting,  election  of  directors  or  trustees 

1117. 
First  meeting,  how  and  when  called,  notice 

of  1116,  1117. 
For  care  dependent  or   delinquent  children 

forbidden  744. 

For  dependent,  neglected  or  delinquent  chil- 
dren 744. 

Foreign  building  and  loan  societies,  furnish 
evidence  incorporation  and  corporate 
name  1346-1347. 

Given  benefit  statute  limitations  1355. 

Owning  stock  in    domestic,  exempt    from 
taxes  1158. 

Publish  annual  statements  1351-1354. 

Regulated  1356-1360. 

To  qualify  before  transacting  business   in 

this  state  1348-1350. 
Forfeiture  of  charter  for    failure    commence 

business,  when  1153. 
Formation,  how  accomplished  1107-1110. 
For  what  purposes  may  be  formed,  general 

act  1105,  1119. 
Franchise  and  property  sold  by  receiver,  how, 

when  1197. 
Franchise  sold,  how  to  new  company  1151. 


Fraudulent  accounts  kept  by  directors  a  crime 
1177. 

Gas  companies  1265. 

General  corporation  law  1105-1215. 

General  corporation  law  (old  act)  1219,  1241. 

General  provisions  may  be  inserted  in  articles 
1108,  1109. 

Governing  board,  how  styled  1107,  1108. 

Grand  Lodge  Free  and  Accepted  Masons 
l lis-i 123. 

Grand  Lodge  Independent  Order  Odd  Fel- 
lows 1418-1423. 

Grand  Lodge  Knights  of  Pythias  1416,  1417. 

Hospitals  or  asylums  1390-1397. 

Incorporation  cannot  be  attacked  collaterally 
1164. 

Incorporation  need  not  be  proved,  when  1184. 

Incorporators  may  amend  certificate  before 
payment  capital  1 1  :'•'». 

Indemnified  for  issuance  of  lost  or  destroyed 
stock,  how  1 161. 

Information  for  creditor  of  stockholders  given 
liy  officer,  when  1173. 

Insolvency  of,  debts  payable  before  preferred 
stock  1114. 

Insolvent  or  dissolved,  employees  deemed  to 
have  lien  for  wages  1187. 

Inspectors  of  election  of  directors  1160. 

Insurance  companies  1267-1284. 

Insurance  companies  1105,  1106. 

Issue  of  bonds  convertible  into  common  stock , 
by  whom,  when  1138. 

Joint-stock  building  and  loan  societies,  non- 
residents furnish  securities  1361-1364. 

Keeping  fraudulent  accounts  a  crime,  when 
1177. 

Liabilities  created  by  statutes  of  other  states 
not  enforced  in  this  state  against  stock- 
holders or  directors  1137. 

Liability  of  corporation  not  affected  by  merger 
or  decrease  of  capital  stock  1149. 

Liens  and  liabilities  of  merged  companies 
satisfied,  how  1146. 

Liens  of  employees  attached,  when  1187. 

Life  insurance  companies  1105-1106. 

Limitation  for  continuance  of  business  or  liti- 
gation after  dissolution  1191. 

List  of  corporations  and  amended  certificates 
compiled,  published  1204. 

List  of  stockholders  subject  to  inspection  of 
stockholders  1159. 

Location  mine  determines  district  mining 
laws  1201. 

Location  principal  office  changed  without 
amendment  1170. 

Lost  certificate  reissued,  how  1164. 

Manner  of  sale  of  franchise  and  property  1152. 

Marine  insurance  companies  1105-1106. 

Married  women,  dividends  paid  to  1131. 
Entitled  to  dividends  on  shares  of  stock  1131. 
Proxy  may  give  1131. 
Stock  transferred,  how  1131. 

May  consolidate,  how,  when  1145. 

May  dissolve,  for  what  purposes  1195. 

May  own  stock  and  bonds  of  other  corpora- 
tions, how,  when  1211. 

May  issue  for  labor  or  property,  what  1155. 

Meaning  certain  terms  this  act  defined  1205. 

Meetings  of  directors,  trustees  or  stockholders, 
where  may  be  held  1118. 


Corporations 


INDEX 


2336 


Meetings  of  directors  or  stockholders  without 
consent,  how  1212. 

Meetings  of  directors,  within  or  without  state 
1127. 

Merger  does  not  affect  liabilities  1149. 

Merger  of  two  or  more  companies  1145. 

Method  of  decrease  of  capital  stock  1144. 

Mining  companies  1216-1218. 

File  annual  statements  1330-1340. 
Governed  by  district  mining  laws  1201. 
May  become  stockholders  in  tunnel  com- 
panies, when  1202. 

Not  authorized  to  assess  capital  stock,  when 
1200. 

Mining  ground  deemed  payment  for  capital 
stock,  how,  when  1200. 

Mining  ground  in  payment  of  capital  stock 
transferred,  how,  and  considered  paid  1200. 

Money  may  not  issue,  when  1112. 

Municipal  corporations,  constitutional  article 
on  338-347. 

Mutual  accident,  health,  life  insurance,  live 
stock  1325-1326. 

Mutual  fire  insurance  companies  1285-1303. 

Names,  restrictions  as  to  1108,  1105. 

Names  of  original  incorporators  or  subscrib- 
ers to  stock  stated  in  articles  1108,  1105. 

Nature  of  business  to  be  stated  in  articles 
1108,  1103. 

Nevada  historical  society  2545-2547.  See  sees. 
1382-1389. 

Nonresident  joint-stock  building  and  loan, 
furnish  security  1361-1364. 

Not  authorized  to  institute  suit  when  failing 
to  file  copy  of  articles  in  other  counties  1171. 

Notice  deemed  waived,  how,  when  1213. 

Notice  of  assessment  on  stock,  given  how,  to 
whom  1132. 

Notice  of  assessment  on  stock  published ,  when , 
where  1132. 

Notice  of  intended  dissolution  not  necessary, 
when  1190. 

Notice  of  intended  dissolution  published, 
when,  where  1190. 

Notice  of  meeting,  dissolution  served,  how,  on 
whom  1190. 

Notice  of  removal  of  place  of  business  pub- 
lished, when,  where  1170. 

Notice  of  sale  of  franchise  and  property  made, 
how,  to  whom  1152. 

Notice  of  sale  of  stock  for  delinquent  assess- 
ment advertised,  how,  when,  where  1133. 

Notice  to  stockholders  for  election  of  director 
given  by  district  judge,  published,  where 
1180. 

Notice  to  stockholders  of  proposed  consoli- 
dation made,  how,  when,  where  1145. 

Notice  not  necessary  to  stockholders  or  direct- 
ors, when  1212. 

Oath  of  directors  or  trustees  1123. 

Organization  perfected  by  surviving  incorpo- 
ratoi;s  1140. 

Office  failure  to  maintain  liability  1120. 

Officers  liable  for  damages  caused  by  false 
statements,  when  1175. 

Officers,  what  prescribed  1126. 

Omissions  or  errors  in  articles  deemed  vali- 
dated, when  1185. 

Papers,  necessary  dissolution  filed  with  secre- 
tary state,  when  1190. 


Payment  of  stock,  to  dissatisfied  stockholders, 

made  how,  when  1147. 
Payment  of  subscribed  capital  stock,  made 

how  1132. 
Payment  of  subscription  capital  stock,  made 

how  1132. 
Penalty,  failure  file  report  election  directors 

with  secretary  state,  what  1186. 
Penalty,  for  making  false  entries  by  officers 

1176. 
Penalty,  officer  failing  to  give  information  to 

creditor  of  stockholder  1173. 
Pending    actions,  of   proposed  consolidated 

companies,  prosecuted  how  1148. 
Period  of  limitation,  to  be  stated  in  articles 

1108,  1106. 
Place  of   business,  to  be  stated   in  articles 

1108,  1102. 
Pledged  stock,  voted   by  stockholder,  how, 

when  1162. 

Pledger  of  stocks,  voting  power  1162. 
Powers,  enumerated  1111,  1113. 
Powers  of  attorney,  to  vote  must  be  filed  1121. 
Power  to  purchase  stock,  at  assessment  sale, 

how,  when  1134. 

Powers  of  trustees,  after  dissolution  1193. 
Preferred  stock,  converted  into  bonds,  made 

how,  by  whom  1138. 
Preferred  stock,  redeemed  and  retired  how, 

by  whom,  when  1138. 
Preferred  stock,  restrictions  1114. 
President,  shall  have  1126. 
Principal  office,  agent  to  be  in  charge  1118, 

1120. 
Principal  office,  books  and  records  kept  at 

1118,  1120. 

Principal    office,   changed    without    amend- 
ments of  articles,  how,  when  1170. 
Principal  office,  defined  1205. 
Principal  office,  failure  to  maintain,  liability 

1120. 

Principal  office,  in  this  state,  defined  1205. 
Principal  office,  where  located  1118,  1120. 
Principal  place  of  business,  defined  1205. 
Proceedings,  dissolving,  may  be  set  aside  by 

creditor,  how,  when  1193. 
Proceedings,  for  removal  of  officer,  what  1180. 
Proceedings,  in  court,  to  obtain  new7  certifi- 
cate when  lost  or  destroyed  1165. 
Proceedings,  meeting  stockholders  held  with- 
out consent,  ratified  1212. 
Proceedings  to  organize  meeting  called  by 

district  judge  to  remove  director  1181. 
Proceedings  when  receiver  is  appointed  1196. 
Property  and  franchise  sold  by  receiver,  when 

1197. 
Procedure  for  renewing  charters  of  expiring 

companies  1208. 

Protestant  Episcopal  churches  1425-1433. 
Proxies  and  powers  of  attorney  stockholders 

to  be  filed,  when,  where  1160. 
Proxies  must  be  in  writing  and  filed  1121. 
Proxy,  married  women  1131. 
Publishing    false    statements  by  director  or 

officer,  misdemeanor,  when  1174. 
Purchase  of  delinquent  assessable  stock  valid, 

w^hen  1134. 

Purposes  for  which  may  be  formed  1105, 1119. 
Qualifications  of  directors  and  trustees  1123. 
Quorum,  directors  and  executive  committees 

1127. 


2337 


INDEX 


Corporations 


Railroad  companies  1105,  1106,  3511-3570. 

Railroad,  cannot  amend  articles,  when  114;>. 

Receiver  authority  to  sell  deteriorating  prop- 
erty, how,  when  1198. 

Receiver  compensation ,  determined ,  how  1 1 90 . 

Receiver  when  appointed  to  take,  what  action 
1196. 

Redemption  preferred  stock  1114. 

Registered  office  defined  1205. 

Religious,  charitable,  literary,  scientific  asso- 
ciations 1365-1:572. 

Removal  of  director  secured,  how  1179. 

Removal  of  officer  or  director  decided,  how 
1182. 

Removal  place  of  business  without  amend- 
ment articles,  made  how  1170. 

Renewal  of  charters  of  expiring  companies 
secured,  how  12«)S. 

Renewal  existence  continues,  what  rights  1210. 

Report  election  of  directors  filed  with  secre- 
tary state  1186. 

Requiring  insurance  companies  make  annual 
statements  1327-1329. 

Resident  agent  1118-1120. 

Resident  agent,  failure  to  maintain,  liability 
11  I'D. 

Resident  agent  may  be  for  other  corporation 
1119. 

Restrictions  as  to  issuance  of  money  or  cir- 
culating medium  1112. 

Retaliatory  taxation  considered  how  in  this 
state  1207. 

Revisory  power   of   court   over   election   of 
directors  1130. 

Sale,  deteriorating  property  allowed,  pending 

litigation  1198. 

l"i  anchise  and  property,  made  how  1151. 
Property  and  franchise,  made  how  1152. 
Property  and  franchise  by  receiver,  made 

how  1107. 
Stock    for   delinquent   assessments    made 

where,  how,  by  whom  1133. 
Stock  delinquent  for  assessment,  advertised 

where,  when  1133. 

Stock  for  nonpayment  of  assessment,  made 
when  1133. 

Seal,  contain  what  1206. 

Seal  deemed  valid  when  1206. 

Seal,  directors  may  authorize  to  be  affixed 

1127. 
Secretary,  shall  have  1126. 

Secretary  state,  fees  for  filing  articles,  com- 
puted, how  1203. 

Secretary  state,  issue  certificate  of  dissolution, 
how,  when  1190. 

Secretary  state  must  charge  fee  for  amend- 
ment to  articles  1139. 

Secretary  state  must  compile  and  publish  list 
corporations,  when  1204. 

Secretary,  oath  of  and  duties  1126. 

Security  demanded  on  transfer  unpaid  stock 
1166. 

Service  of  legal  process,  made  how  1188. 

Shares  of  stock,  increased  how  1168. 

Shares  of  stock,  personal  estate  1131. 

Shares  of  stock,  transferred  by  indorsement, 
how,  when  1131. 

Shares  of  stock,  transferred,  how  1131. 

Stock  and  shares,  amount  and  character,  to 
be  stated  in  articles  1108,  1104. 


Stock  belonging  to  estates  deceased  persons, 

voted  by  \\hom  1161. 

Stock  belonging   to  married  women   trans- 
ferred, how  1131. 
Stock   certificates   contain  what,  signed   by 

whom  1 157. 

Stock  held  by  nonresidents  exempt  from  tax- 
ation 1158. 
Stock    held    by  representatives,   voted,  how 

1161. 
Stock  held    for   collateral,  security  may  be 

voted  by  pledger  1162. 
Stock  issuable  for  labor  or  real  or  personal 

property,  when  1155. 

Stock  issued  as  paid  up  not  liable  to  assess- 
ment or  debt  1142. 

Stock,  issued  in  lieu  of  labor  or  property  non- 
assessable, when  1156. 
Stock,  kinds  or  classes  of  1114. 
Stock  ledger  and  list  stockholders  subject  to 

inspection,  by  whom,  when,  where  1159. 
Stock  ledger  showing  owners  of  stock,  kept 

by  whom  1172. 

Stock  ledger  to  determine  who  may  vote  1160. 
Stock  ledger  prima  facie  evidence  of  owners 

of  stock,  considered,  when  1172. 
Stock  ledger  subject  to  inspection  1159. 
Stock  of  infants  held  by  guardian,  voted  how 

1161. 
Stock,  not  fully  paid  for  transferred,  when 

1166. 

Stock,  owned  by  nonresidents  in  Nevada,  cor- 
poration not  subject  to  taxation  1158. 
Stock,  purchased  at  delinquent  sale,  disposed 

of,  how  1134. 

Stock,  shares  of,  how  transferred  1131. 
Stock,  whether  subject  to  assessment  or  not, 

stated  in  articles  1108. 

Stockholders,  and  directors  cannot  be  sued, 
liabilities  created  by  statutes  other  states 
1137. 

Defined  1205. 

Liable  under  subscriptions  fully  paid  1135. 

May  petition  district  court  to  remove  offi- 
cer, how,  when  1180. 

May  pledge  stock,  when  1162. 

May  ratify  proceedings,  meeting  held  with- 
out consent  1212. 

May  remove  director  or  officer,  how,  when 
1179. 

Meeting  to  dissolve  called  how,  when,  where 
1190. 

Meetings,  where  may  be  held  1118. 

Must  be  notified  of  assessment  on  stock 
1132. 

Ratification  to  agreement  of  merger  secured, 
how  1145. 

Special  meeting  to  elect  directors  1128. 

Voting  power  of  1121. 
Street  railroad  may  be   incorporated   under 

general  act  1105. 
Subscription  to  capital  stock  deemed  fully 

paid,  when  1200. 
Subdivision  capital  stock  accomplished   by 

whom,  how  1168. 
Surrender  of  rights  before  payment  of  capital 

stock,  dissolved  corporation  1189. 
Surviving  incorporators  may  designate  others 

for  organization  purposes,  how,  when  1140. 
Surety  companies   695-701,  1105,  1106,  1242- 

1248. 


Corporations 


INDEX 


2338 


Taxation,  retaliatory  1207. 

Telegraph  companies  4603-4630. 

Telephone  companies  4631-4632. 

Term  of  director,  appointed  to  fill  vacancy 

1129. 
Transfer  of  property  to  merger,  made,  how 

1146. 

Transfer  of  stock  made,  how  1131. 
Transfer  of  stock  by  arbitration  committee, 

how  1147. 

Transfer  of  stock  not  valid,  when  1131. 
Treasurer,  bo*nd  of  1126. 
Treasurer,  shall  have  1126. 
Treasury  stock  not  to  be  voted,  when  1163. 
Trustees  and  directors  defined  1205. 
Trustees  take  oath  1123. 

Tunnel   companies   may  take    mining    com- 
panies as  stockholders,  when  1202. 
Vacancy  in  board  of  directors,  how  filled  1 128, 

1129. 
Vacancy  in  directorate  made  by  removal,  how 

filled  1182. 
Vacancies  in  directors  by  failure  to  elect  or 

qualify  1128. 
Value  of  stock  of  dissatisfied  stockholder  to 

merger  determined,  how  1147. 
Vested  rights  cannot  be  disturbed  by  amend- 
ment or  repeal  1214-1215. 
Voting  list  of  stockholders  and  stock  ledger 

1159. 

Voting  power  of  stockholders  1121. 
Waiver  of  notice  deemed  given,  when  1213. 
What    articles    or    certificate  shall  set    forth 

1108,  1114,  1115,  1119. 
Woman's  Christian  Temperance  Union  1434- 

1439. 

[NOTE — The  following  acts  relating  to  cor- 
porations are  not  printed  in  this  volume:] 
Aid  in   carrying  out  provisions  telegraph 

act,  Stats.  1866,  p.  254. 

Concerning  banking  associations,  formed 
in  this  state,  under  laws  of  United  States, 
Stats.  1864-5,  p.  353. 

Incorporate  Grand  Lodge  Benevolent  Bach- 
elor Brothers,  Stats.  1893,  p.  79. 
Promote    introduction  and   use  of   steam 
power  for  transportation  purposes,  Stats. 
1871, p.  62. 

Provide  consolidation  of  domestic  and  cer- 
tain foreign  corporations,  Stats.  1883,  p. 
121. 

Provide  incorporation  Grand  Lodge  Inde- 
pendent Order  Good  Templars,  Stats. 
1869,  p.  66. 

Provide  incorporation  wire  suspension  tram- 
way companies,  Stats.  1871,  p.  133. 
Regulate  rafting  and  running  timber  and 
wood  on  rivers  in  this  state,  Stats.  1866, 
p.  198;  amended  Stats.  1875,  p.  61.  (Act 
upheld,  Mandelbaum  v.  Russell,  4  Nev. 
551.) 

Corporations,  Miscellaneous 

Ancient  Order  Hibernians  1410-1415. 
Deemed  body  corporate,  when  1410. 
Certificate  election  directors  recorded  w  here , 

when  1413. 

Directors  elected,  how  1412. 
Directors  file  report  when,  where  1415. 
Dissolution,  property  disposed  of,  howr  1414. 
Powers  defined  1411. 


Ancient  Order  Hibernians — continued. 
Powers  vested  in  board  directors,  how  1412. 
Property  disposed  of  how  on  dissolution 

1413. 

Report  filed  when,  where  1415. 
Vacancy  board  of  directors,  filled  how  1412. 
Cemeteries,  1398-1409. 

Annual    report    directors    made    to  whom 

1403. 
Articles    incorporation    filed    how,    when, 

where  1399. 

Bequests,  property  disposed  of,  how  1406. 
Directors  elected  how,  where  1402. 
Directors  make  reports  to  whom  1403. 
Election  directors  held  how,  when  1402. 
Incorporated,  how  1398,  1400. 
May  hold  real  and  personal  property,  how, 

when  1406. 
May   purchase    former   cemetery  ground, 

how  1409. 

May  purchase  real  estate,  when,  where  1401. 
Penalty  destroying  property  1405,  6759. 
Powers  defined  1400. 
Power  invest  proceeds  from  sale  of  graves 

1404. 
Propei ty  exempt  from  taxation,  how,  when 

1407. 

Property  of  lot  owners  inalienable  140S. 
Purchase    former  cemetery  ground,  made 

how  1409. 
Taxation    not   to   be  levied    on  property, 

when  1407. 
Wilful   injury  to  property  penalized,  how 

14(5. 
Certain  purposes  (old  corporation  act)  1219- 

1241. 
Articles    of    incorporation,    contain    what 

1220,  1238. 

As  to  corporations  generally  1221. 
Authorized  assess  its  stock,  when  1222. 
Authorized  to  buy  in  stock  at  assessment 

sale,  when  1222. 

Bank  may  be  resident  agent  1119. 
Banking,  not  privileged  issue  or  circulate 

currency,  when  1219. 
Book  containing  names  of  stockholders  open 

inspection  of  whom,  when,  where  1234. 
Books  delivered  to  director  or  officer  elected 

to  fill  vacancy  of  director  or   officer  re- 
moved, when  1223. 

Capital  stock  cannot  be  diminished,  when 
1236. 

Deemed  increased  or  diminished,  when 
1238. 

Divided  how  after  dissolution  1231. 

Increased  or  diminished,  1236. 

May  be  assessed  by  whom,  when  1228. 

Not  to  be  reduced,  when  1231. 

Subscription    may  be  taken  how,  when 

1228. 

Certificate  of  election  issued  director  elected 
to  fill  vacancy  caused  by  removal  of 
director  or  officer  by  order  of  district 
court  or  judge,  when  1223. 

Incorporation    deemed  prima   facie  evi- 
dence of  existence,  when  1221. 

Increasing  or  diminishing  capital  stock, 

contain  what,  made  how  1238. 
Compensation  county  clerk  for  services  at 

proceedings  of  stockholders  for  removal 

of  director  or  officer,  what  1223. 


2339 


INDEX 


Corporations,  miscellaneous 


Certain  purposes— continued. 

Complaint,  criminal  against  7402. 
County  clerk,  compensation  for  services  at 

proceedings  for  removal   of  director  or 

officer,  what  121':$. 
Creditor  entitled  receive  from  officer  list  of 

stockholders,  when  1234. 
Creditors  may  sue  directors  who  allow  debts 

to  exceed  capital  stock  paid  in,  when  1232. 
Cumulative  voting,  defined  1223. 
Debts  not  to  exceed  amount  of  stock  paid 

in,  when  1232. 

Directors  elected,  when  and  in  what  man- 
ner 1223. 
Directors'  first  meeting,  called,  how   1226. 

Limitations  of  actions  against  4984. 

Meeting,  quorum  necessary  122">. 

Oath,  form  of,  taken,  how*1223. 

Powers,  defined  121'.:. 

Shall  keep  books  for  names  of  stock- 
holders 12:;  I. 

Disincorporation  of  under  act  of  1865, 1240. 
Disobedience  of  order  district  judge  in  pro- 
ceedings for  removal  of  director  or  officer, 

contempt,  when  122:!. 
Dissolution  effected,  how  1240. 
District  jmlge  vested  with  summary  power 

deciding  stockholders  entitled  to  vote  for 

removal  director  or  officer  122.'!. 
Election  of  directors,  must  be  by  ballot, 

when   122:1. 

Evidence  of  incorporation,  what  1221. 
Execution  against,  for  fine  74 In. 
Executors  of  estates,  authorized  vote  stock 

belonging  to  estates,  how,  when  I22'.». 
Failure,  election  or  (|iialilication  of  trustees, 

remedied,  how  1221. 

False  entry  in  books,  made  by  officer,  pun- 
ished, how  1235. 
First   meeting    of   directors,   called,   how, 

when   1226. 
Forbidden  issue  or  circulate  currency,  when 

1219. 

Formation  of,  accomplished,  howr  1220. 
Indictment,  summons  on  7409. 
Increase  or  diminish  capital  stock,  made, 

how,  by  whom  1237. 
Limitation  of  actions  against  directors  or 

stockholders  49S4. 

Married  women,  stock  transferred,  how  1227. 
May  be  formed,  for  what  purposes  1219. 
Not  to  issue  bills  or  notes  as  money  1233. 
Notice  application  fordissolution  published, 

by  whom,  when  1240. 

Notice,  assessment  of  stock  to  stockholders, 
given  how,  when,  where  1228. 

First  meeting  of  directors  given  how,  pub- 
lished where  1226. 

Proposed  removal  principal  place  of  busi- 
ness given  how,  when,  by  whom  1241. 

Stockholders  meeting  purpose  removal  of 
director  or  officer,  given  how,  wrhen  1223. 

To  stockholders  of  proposed  increase  or 
decrease  in  capital  stock  given  how,  by 
whom  1237. 

Number  of  persons  necessary  to  form  1220. 
Number  of  shares  of  stock  represented  at 

proceedings,  removal  director  or  officer 

1223. 

Oath  of  director,  what,  taken  how  1223. 
Officers  and  agents  to  be  reported  1 136. 


Certain  purposes — continued. 

Penalty  making  false  entry  in  books  1235. 
Place  of  business  deemed  established,  when 

1241. 

Pledge  of  stock  made,  how  1230. 
Pledged  stock,  how  represented  at  meeting 

1230. 

Powers  and  privileges  defined  1222,3513. 
Powers  of  director  defined  1228. 
Powers  of  directors  after  dissolution  1239. 
Powers  exercised  by  directors,  how  1223. 
Preliminary  examination  7406,  7407. 
Privileges  and  powers,  defined  1222. 
Procedure  to  fill  vacancy  made  by  director 

failing  to  qualify  when  appointed  place 

caused  by  removal  of  former  director  or 

officer  1221. 

Proceedings  against,  for  misdemeanor  7405. 
Property  and  assets  distributed  after  disso- 
lution or  expiration  of  charter,  how  1231. 
Property  distributed   after  dissolution,  by 

whom,  when   123!». 
Purposes  for    which    corporation    may  be 

formed  1219. 
Quorum  of  directors  necessary  at  meeting 

1225. 

Railroad,  charter  to  file,  with  whom  3513. 
1  { e  m  oval  place  of  business  secured ,  how  124 1 . 
Renewal  certificate  to  issue  1208,  1209. 
Sale   of   stock    for   assessments,  made   by 

whom,  when,  where  122s. 
Shares  of  stock  deemed  personal    estate, 
when  1227. 

Necessary  to  effect  dissolution  1240. 

Owned    hv   married   women  transferred, 
how  1227. 

Transferred  how,  when  1227. 
Stock    held   by   executors   represented   at 

meeting  by  whom,  how  1229. 
Stock  may  be  pledged  how,  when  1230. 
Stockholders,  limitations  of  actions  against 

4984. 
Stockholders  remedy,  removal  of  director 

or  officer,  what  1223. 
Summons,  service  on  1178,  5023-5026,  7402- 

7404. 
Time  arid  manner  of  election  of  directors 

1223. 
Transfer  shares  of  stock  allowable  when, 

by  whom,  how  1227. 
Trustees  liable  for  excess  of  capital  stock 

over  debts,  when  1232. 
Vacancy  in  directorate  filled,  how  1223. 
Vote  of  stockholders  for  removal  director 

or  officer  taken,  how  1223. 
Cheap  transportation  lines  1341-1345. 
Act  regarding  restricted  as  to  railroads  1345. 
Formed  how  1341. 
Incorporated  how  1341. 
Map  and  description,  how  and  where  filed 

1343. 
Not  required  operate  more  than  six  months 

each  year,  when  1344. 
Powers  defined  1342. 
Restricted  in  amount  of  stock  prescribed 

1345. 
Chinese  or  Mongolians  not  to  be  employed 

by,  when  3483-3485. 
Cooperative  associations  1249-1260. 

Articles  incorporation  contain,  what  1251. 
Articles  incorporation  filed,  where  1251. 


Corporations,  miscellaneous 


INDEX 


2340 


Cooperative  associations— continued. 
Amendment  articles,  filed,  where  1255. 
Board  arbitration  determine  expulsion  of 

member,  when  1252. 

By-laws  adopted  and  amended,  how  1252. 
By-laws  filed  and  recorded,  where  1253. 
Certificates  issued   to  whom,   how,  when 

1249. 
Certificates  membership  transferable,  how, 

when  1249. 

Consolidated  effected,  how  1258. 
Deceased  member's  interest  disposed  of, 

how  1259. 

Deemed  dissolved,  when  1258. 
Dissolution  effected,  how  1258. 
Formed,  how  1251. 

Insolvency  makes  members  liable, how  1250. 
Interests  of  members  equal  1250. 
Lawful  business,  defined  1260. 
Member  entitled  to  how  many  votes  1250. 
Member  not  liable  for  debts  in  excess  of 

personal  interest  1250. 
Not  to  issue  corporate  stock  1249. 
Powers,  defined  1257. 
Profits,  divided  how  1256. 
Property  subject  to  execution,  when  1254. 
Purposes  may  be  changed  or  modified,  when 

1255. 
Qualifications,  membership  and  liabilities, 

defined  1250. 
Receiver  appointed,  how,  when,  by  whom 

1258. 
Succession  of   members    determined,  how 

1259. 

Transfer  certificates  of  membership  author- 
ized, when  1249. 

Withdrawal  from  accomplished,  how  1252. 
Who  authorized  to  organize  1249. 
Criminal  action  against  7402-7410. 
Cruelty  to  animals,  prevention  1373-1381. 
By-laws  made,  how  1374. 
Cruelty  to  animals,  defined  1378. 
File  reports  how,  when,  where  1375. 
Formed  how  1373. 

Game  and  other  laws  not  subject   penal- 
ties this  act  1381. 
Maimed  or  diseased  animals  not  allowed 

go  loose,  disposed  of,  how  1378, 6715. 
Members    may   wear   badges   and    make 

arrests,  when  1377. 
Officers  elected,  how  1375. 
Peace  officers  may  arrest  those  violating 

provisions  this  act  1376-1377. 
Penalty,  persons  causing  animals  to  fight, 

when  1378. 
Penalty,  violation  this  act  1379,  6285,  1376, 

1377. 
Penalty  violation  provisions  this  act,  defined 

1378. 
Property,  person  violating  this  act  seized 

how,  when  1378. 
Prosecution,  violations  this  act  conducted 

how,  by  whom  1380. 

Reports  filed  by  officers  how,  when  1375. 
Resistance  of  arrest,  punished  how  1377. 
Society  by-laws  made  how  1374. 
Society  incorporated  how  1373. 
Violators  provisions  of   this    act    arrested 

how,  punished  how  1376-1377. 
Debts,  record  of  3521. 


Electric  light,  heat  and  power  1261-1264. 
Appurtenances  must  be  of  best  make  1263. 
Duration  of  franchise  granted  limited  1264. 
Franchise  granted  limited  in  duration  1264. 
Must  file  gross  receipts  and  expenditures, 

where  1264. 

Must  keep  appliances  in  good  order  1262. 
Must  pay  percentage  of  profits  in  considera- 
tion of  franchise,  how,  when  1261. 
Plant  must  be  of  best  make  1263. 
Poles  must  be  certain  height  1262. 
Procedure  for  securing  franchise  1261. 
Wires  must  be  kept  in  repair  1262. 
Foreign  1346-1354,  1355,  3574. 
Annual  statement  1352. 
Articles  incorporation  contain  what,  filed 

where  1346,  1348,  1349. 
Attorney-general  to  prosecute,  when  1350, 

1354. 

Bringing  children  intestate  for  adoption  747. 
Copy  charter  filed  when,  where  1348. 
Conditions  precedent  to  doing  business  in 

this  state  1316. 
District  attorneys  to  prosecute  violations  of 

law  1354. 
Entitled  benefit  statute  limitations,  when 

1355. 
Failing    to   file    certificates    incorporation 

county  recorders,  penalized  how  1347. 
Failing  to  file  and  publish  annual  state- 
ments, punished  how  1353. 
Fees  filing  articles  incorporation  1203, 1349. 
File  articles  with  recorder  3531. 
Fines  imposed  on  officers  failing  to  comply 

with  law  1350. 
License  of  1356,  1357,  1359. 
Mining,  may  consolidate  with  domestic  1218, 

1337. 
Must  file  certificates  county  recorders,  when 

1346,  1348, 1350. 
Must  file  copy  annual  statements  assessors 

of  counties  1352. 
Must  file  copy   charter  with    secretary  of 

state  1348. 
Must  publish  annual  statements  how,  when, 

where  1351. 
Officers  failing  to  comply  with  law ,  punished 

how  1350. 
Penalty  failure  to  comply  with  law  1347, 

1350,  1353. 

Resident  agent  to  appoint  5024. 

Statute  limitations  applicable  to,  how,  when 
1355. 

Summons  served  on,  how  5023-5026. 

Service  of  summons  on  secretary  of  state, 

when  1273,  1276,  1316,  1325,  5223-5026. 
Foreign  building  and  loan  1356-1360 

Annual  statements  filed  with  whom,  where 
1357,  1351,  1354. 

Disposition  moneys  received  1360. 

Duties  as  to  1361. 

Expenses  insurance  commissioner  exami- 
nation business,  what  1359. 

Failure  to  comply  with  law,  officers  to  bring 
suit  1354. 

Failure  to  pay  license,  penalized,  how  1358. 

File  annual  statements,  when,  where  1357, 

1351,  1354. 

Insurance  commissioner  examine  business, 
when,  how  1359. 


2341 


INDEX 


Corporations,  miscellaneous 


Foreign  building  and  loan — continued. 

License  required  annually  1356,  1361,  1372. 

Pay  annual  license,  how"  much  1356,  1361, 
1872. 

Penalty  failure  pay  license,  designated  1358. 
Foreign  joint-stock  building  and  loan  1361- 
1364. 

Annual  statements  filed,  when,  wThere  1362. 

Cannot  do  business  in  this  state  until  col- 
lateral deposited,  where  1361. 

Collateral    deposited    with    state  treasurer 
1861. 

Failure  to  comply  with  corporation  law, 
punished,  how  1363. 

Must  deposit  collateral  with  state  treasurer 
1361,  1356,  1360. 

Must  file  annual    statements,  how,  when, 
where  l.'-)<>2. 

Penalty    failure   comply  corporation    law, 

designated  1363. 

Franchises  refused,  when  Chinese  or  Mongo- 
lians employed,  when  :-}4s:;-:;4x:,. 
Gas  companies  1265. 

May  erect  buildings  and  lay  pipes  in  cities 
and  towns,  how,  when  1265. 

Privileges,  designated  1265. 
General  corporation  act  adopted  691. 
Grand  Lodge  Free    and    Accepted  Masons, 
Grand  Lodge    Independent   Order  Odd 
Fellows  1418-1423,  1424. 

Benevolent  societies  existing  this  state  ex- 
tended additional  privileges  1424.  . 

Election  certificate  board  trustees  I.  O.  O.  F. 
filed,  where  1421. 

Election  certificate  board  trustees  Masonic 
filed,  where  1421. 

Grand  Encampment  I.  O.  O.  F.  extended 
additional  privileges  1424. 

Grand  Lodge  F.  A.  M.  deemed  body  cor- 
porate, when  1418. 

Grand  Lodge  I.  O.  O.  F.  deemed  body  cor- 
porate, when  1418. 

Grand  Chapter  Royal  Arch  Masons  extended 
additional  privileges  1424. 

Powers  granted  I.  O.  O.  F.,  what  1419. 

Powers  granted  Masonic  lodge,  what  1419. 

Powers    I.  O.   O.  F.  vested   in   board   of 
trustees,  how,  when  1420. 

Powrers  Masonic  lodge  vested  in  board  of 
trustees,  how,  when  1420. 

Property  exempt,  when  3621. 

Property  subordinate  lodges  when  dissolved 
reverts  to  whom  1422. 

Property  subordinate  Masonic  lodges  dis- 
solved reverts  to  whom  1422. 

Subordinate  lodge  I.  O.  0.  F.   dissolved, 
how,  when  1422. 

Subordinate  lodge  Masonic  dissolved,  how, 
when  1422. 

Trustees    I.   O.    O.  F.    report  annually  to 
whom  1423. 

Trustees  Masonic  lodge  report  annually  to 
whom  1423. 

Vacancy  in  board  trustees  I.  0.  O.  F.  filled, 
how  1420. 

Vacancy  in  board  trustees  Masonic  lodge 

filled,  how  1420. 
Grand  Lodge  Knights  of  Pythias  1416-1417. 

Deemed  body  corporate,  when  1416. 

Provisions  of  act  I.  O.  O.  F.  and  Masonic 
lodges,  applicable  hereto  1417. 


Historic  and  literary  societies  1382-1389. 

Articles  incorporation  filed,  where  1383. 

As  to  corporations  generally  1221. 

Certified  copy,  certificate*  incorporation 
prima  facie  evidence,  when  1384. 

Directors  elected,  how  1386. 

Election  directors  1386. 

Formed  how  1383. 

Indebtedness  limited  1389. 

Nevada  historical  society  2545-2547. 

Notice  first  meeting  directors  given,  how 
1388. 

Powers  and  privileges,  designated  1385. 

Society  may  be  formed  how,  when  1382- 
1383. 

Time  election  directors  1387. 
Hospitals  and  asylumS  1390-1397. 

A  rt  icles  of  incorporation,  contain  what,  filed 
where  1391. 

Compensation  not  allowed  directors,  when 
1394. 

Directors  elected,  how  1392. 

Directors  entitled  compensation  1394. 

Funds  invested  how  1395. 

Incorporated  how  1390. 

May  hold  real  and  personal  property,  how 
L893, 

Penalty,  failure  report  conditions  county 
commissioners  1397. 

Powers  directors  designated  1392. 

Property  exempt  from  taxation,  when  1396. 

Real  and  personal  property  held  in  limited 
way  1393. 

Report  to  be  made  to  county  commission- 
ers 1397. 

Taxation  not  to  be  levied  when  1396. 
Insurance  1266-1284. 

Agent  failing  or  refusing  secure  license 
deemed  guilty  misdemeanor  1280. 

Agents  must  pay  license  to  solicit  business 
1280. 

Assessment  of  stock,  purpose  repairing 
capital  allowed,  when  1271. 

Cannot  be  organized  until  certain  condi- 
tions complied  with  1267. 

Cannot  make  loans  to  stockholders,  excep- 
tion 1268. 

Company  not  incorporated  United  States  not 
permitted  to  do  business  this  state  until 
complying  with  certain  conditions  1275. 

Compensation  controller  examining  books, 
what  1279. 

Controller's  duties  and  powers  regarding 
1274. 

Controller  entitled  compensation  for  exami- 
nation books,  how,  when  1279. 

Controller  may  require  filing  incorporation 
papers  in  his  office  1281. 

Controller  must  examine  financial  condi- 
tion outside  companies  1274. 

Controller  must  order  repair  capital  stock 
if  not  satisfactory  1270. 

Controller  to  estimate  liabilities,  how,  when 
1277. 

Controller  to  have  access  to  books  for  pur- 
pose examination  1272. 

Controller  to  make  examination  financial 
standing,  how,  when  1270. 

Controller  to  order  officers  keep  books 
properly,  when  1272. 


Corporations,  miscellaneous 


INDEX 


2342 


Insurance— continued. 

Doing  business  after  certificate  revoked 
1270,  1274. 

Doing  business  without  license  1280. 

Duty  to  aid  controller  in  examination,  how 
1272. 

Failing  comply  with  orders  state  controller 
works  revocation  of  certificate  to  do  busi- 
ness, when  1270. 

Fines,  penalties  from  business  payable  into 
school  fund,  how,  when  1279. 

Foreign,  refusing  controller  right  of  exam- 
ination of  books  subject  revocation  license 
do  business,  when  1274. 

Incorporated,  how  1267. 

Life,  privileged  to  appoint  agents  collect 
premiums  this  state,  when  1276. 

License  and  fees,  what  1279. 

Loans  prohibited  in  certain  cases  1268. 

Must  have  certain  amount  assets  before 
license  is  issued  do  business  1276. 

Must  in  vest  capital  in  bonds  and  mortgages, 
when  1267. 

Organized  outside  state  must  have  agent  in 
state  for  service  of  papers  1273. 

Organized  outside  state  not  authorized  do 
business  until,  when  1273. 

Penalty  failure  comply  with  order  of  state 
controller,  what  1270. 

Penalties-  failure  allow  controller  examine 
foreign  insurance  companies'  books  1274. 

Prohibited  doing  business  without  certifi- 
cate from  controller  1266,  1218. 

Prohibited  from  investing  assets  in  mining 
stocks  1267. 

Regulation  of  licenses  to  do  business  1278. 

Refusing  allow  controller  examine  books 
liable  revocation  certificate,  when  1272. 

Showing  required  of  companies  other  than 
state  corporations  1273. 

State  controller  must  issue  certificate  before 
company  can  do  business  1266,  1218. 

Stockholders  prohibited  from  being  inter- 
ested in  loans  of  company  1268. 

Term  "company"  as  applied  to  insurance 
1282. 

Terms  of  insurers,  limited  1269. 

Unearned  premiums  returned  in  certain 
cases  to  insurers  1284. 

Violation  of  act  1283. 
Insurance,  fire  1304-1309. 

Affidavit  must  be  attached  to  annual  state- 
ment 1308. 

Annual  statement  attached  to  affidavit  1308. 

Before  doing  business  must  be  legally 
authorized  1305. 

Cannot  reinsure  when  not  authorized  trans- 
act business  this  state  1307. 

Cannot  transfer  risks  to  companies  not 
authorized  to  do  business  this  state  1306. 

Doing  business  without  authority  1309. 

Not  authorized  to  do  business  except  through 
authorized  resident  agents  1304. 

Reinstatement  to  do  business  1309. 

Resident  agents  to  transact  business  alone, 
when  1304. 

Violating  provisions  of  this  act,  authority 
revoked  1309. 

Violating  provisions  of  this  act,  penalized 
how  1309. 


Insurance— continued. 

Whose  authority  revoked  reinstated  to  do 

business,  how  1309. 
Insurance,  mutual  fire  1285-1303. 

Amendments  proposed  to  articles  of  incor- 
poration submitted  to  attorney-general 
1298. 

Articles  incorporation,  contain  what  1289. 

Attorney-general  investigate  articles  incor- 
poration before  filing  1290. 

Authority  amend  articles  incorporation  1298. 

Authorized  issue  assessments  on  stock, 
when  1296. 

Authorized  begin  suits  how,  when  1296. 

Authorized  to  do  business,  when  1287. 

Bond  receiver  made  by  whom,  before  whom, 
approved  1302. 

Certificate  articles  incorporation  filed,  where 
1286. 

Controller  file  statement,  when  1299. 

Controller  furnish  full  statements  required, 
when  1295. 

Controller  may  examine  into  affairs  and 

close  up  business,  when  1293. 
.   Copy  form  of  statement  filed  with  county 
clerk  1293. 

Copy  statement  of  controller  of  failure  com- 
ply with  orders,  published  where  1299. 

Deemed  incorporated,  when  1297. 

Directors  and  officers  failing  perform  duties, 
guilty  of  felony,  when  1295. 

Directors  authorized  make  by-laws,  when 
1291. 

Duty  to  make  statement  to  controller  annu- 
ally 1292. 

Exempt  from  other  insurance  law,  when 
1303. 

Failing  comply  with  requirements  con- 
troller, subject  to  penalty  1294. 

Formed,  how  1285,  1286. 

Notice  requiring  company  pay  outstanding 
claims,  given  by  whom  1299. 

Officers  or  directors  failing  perform  duties 
guilty  of  felony,  when  1295. 

Publication  of  notice  given  by  controller 
1299. 

Purposes  formation,  defined  1303. 

Receiver  appointed  at  request  of  controller 
to  take  charge  affairs,  when  1301. 

Receiver's  bond  on  taking  charge,  made 
how,  before  whom  approved  1302. 

Receiver's  duties  relation  affairs  disabled 
company  1301. 

Receiver  keep  account  moneys  and  other 
property  received,  how,  when  1302. 

State  controller  authorized  examine  affairs, 
when  1300. 

State  controller  privileged  make  examina- 
tion articles  incorporation,  when  1290. 

Statement  made  to  controller  contain,  what 
1292. 

To  hold  real  estate  and  sell  same  certain 

cases  1288. 

Insurance,  life,  endowment  1310-1324,  1327- 
1329. 

Abstracts  annual  statements  to  publish  1329. 

Annual  statements  contain  what,  filed 
where  1327. 

Cash  amount  paid  in  capital,  how  much 
1311,  1218. 


2343 


INDEX 


Corporations,  miscellaneous 


Insurance — continued. 

Controller  may  examine  affairs  company, 

when  1320. 
Controller  may  revoke  license,  how,  when 

1316. 

Controller  must  annually  report  abstract 
of  statements  to  governor  1329. 

Controller  to  issue  license,  when  1316. 

Domestic  and  foreign  must  report  to  con- 
troller, when  1319. 

Domestic  organized,  must  accumulate  re- 
serve or  emergency  fund  1314. 

Expenses  controller  "or  board  examination 
affairs,  paid  how  1323. 

Failure  file  annual  statements  controller's 
office,  penalized  how  1327-1328. 

False  annual  statements  to  controller,  pen- 
ali/ed  how  1328. 

False  statement  regarding  age  or  insurance 
contract  deemed  perjury  i:'>17. 

False  statement  to  annual  report,  perjury 
1328. 

Fee  for  license,  what  1322. 

Foreign  and  domestic  must  report  to  con- 
troller, when  1319. 

Foreign  must  deposit  with  controller  certain 
papers  before  authorized  to  do  business 
1316. 

Formed  how  i:!l  1. 

Fraternal  societies  not  bound  by  provisions 
of  this  act  1324. 

Fraud  in  annual  statements,  penalized  how 
1317. 

Insurable  age  of  person  defined  1317. 

Liabilities  not  limited  to  premiums,  when 
1310. 

License  fee  for  doing  business,  what   1322. 

May  reincorporate  but  not  obliged  to,  when 
L313. 

Membership,  how  acquired  1311. 

Money  and  other  assets  exempt  from  attach- 
ment, when  1318. 

Must  begin  business  within  what  time  1312. 

Mutual  insurance  defined  1310. 

Payments  on  contracts  issued,  how  1314. 

Penalties  for  violation  of  this  act,  what  1323. 

Policy  not  to  lapse  without  notice  132 1 . 

Provisions  this  act  do  not  apply  to  fraternal 
societies  1324. 

Reserve  or  emergency  fund  disposed  of, 
how  1315. 

Reserve  or  emergency  fund  must  be  accu- 
mulated by  domestic  company,  when  1314. 

Shall  not  issue  contracts  to  persons  under 

or  over  certain  ages,  what  1317. 
Insurance,  live  stock  1325-1326. 

Comply  with  general  law  1326. 

Defined  1325. 

Enter  the  state  to  do  business,  how  1325. 

General  corporation  law  to  govern  1326. 

Must  comply  with  general  corporation  law 

1326. 

Laws  concerning  to  be  general  338. 
Liable  for  poll  tax  of  employees,  when  3718. 
Mining  1200-1202, 1216-1218,  "1330-1340. 

Amendments  not  allowed  to  articles  incor- 
poration making  stock  assessable  1200. 

Annual  statements  filed  with  county  record- 
ers, contain  what  1330-1340. 

Articles  incorporation  not  amendable  for 
purposes  assessments  1200. 


Mining — continued. 

Attorney-general  to  prosecute  for  failure  to 
designate  character  stock  sold  1338. 

Auditor  may  demand  books  of  3691,  3694. 

Authorized  to  provide  mode  and  manner 
subscribing  to  capital  stock  1200. 

Capital  stock  may  be  paid  for  by  deed  to 
mining  ground,"  when  1200. 

Certificate  consolidation  contain  what,  filed 
with  secretary  state  1216. 

Company  to  furnish  statement  of  property 
to  assessor  3690. 

Consolidation  allowed,  when  1216. 

Consolidation  not  authorized  without  con- 
sent stockholders  1216. 

Corporate  stock  not  to  be  assessed  unless 
power  reserved  in  certificate  of  incorpo- 
ration 1200. 

District  attorney  to  enforce  provisions  of 
mining  act  1310. 

District  recorder  violating  duty  2455,  2468, 
2474. 

Domestic  may  consolidate  with  foreign, 
how,  when  1218. 

Failure  to  maintain  agent  1218. 

Foreign  and  domestic  consolidated  must 
keep  agent  in  Nevada  1 2 IS. 

Foreign  failing  to  designate  character  stock 
sold,  penalized,  how  1337. 

Foreign  may  consolidate  with  domestic, 
how,  when  12 is. 

Formed  for  mining  purposes,  1105,  1217- 
1218,  1241,  1200,  1201,  1202,  1216. 

Governed  by  district  mining  laws,  when  1201. 

Kinds  of  stock  defined  1331. 

Location  of  mine  determines  district  mining 
laws  1201. 

May  become  stockholders  in  tunnel  com- 
panies, when  1202. 

May  consolidate  how,  when  1216-1218. 

Mining  ground  deemed  payment  for  capital 
stock,  how,  when  1200. 

Mining  ground  in  payment  capital  stock 
transferred  how  and  considered  paid  1200. 

Mining  ground  must  be  located  in  Nevada 
to  permit  consolidation  foreign  and  do- 
mestic companies  1218. 

Must  designate  character  of  stock  sold, 
how  1332. 

Must  mail  statements  its  condition  to  stock- 
holders, contain  what,  how,  when  1331. 

Not  authorized  to  assess  capital  stock  when 
not  provided  for  in  articles  1200. 

Notice  proposed  consolidation  mining  com- 
panies must  be  given  1216. 

Officers  to  prosecute  companies  guilty  failure 
comply  with  provisions  of  act  1340. 

Pay  taxes  3687. 

Payment  of  taxes  receipted  for  by  assessor 
3701. 

Penalty  failure  consolidated  foreign  and 
domestic  companies  keep  agent  in  Ne- 
vada, what  1218. 

Penalty  failure  print  mining  stock  1338, 
1336-1339. 

Penalty  violation  not  branding  stock  certifi- 
cates as  required  1336,  1338-1339. 

Principal  place  of  business  consolidated 
companies  situated,  wyhere  1218. 

Promotion  stock  defined  1334. 


Corporations,  miscellaneous          INDEX 


2344 


Mining — continued . 

Promotion  stock  stamped  on  certificate, 
how  1333. 

Property  of,  sold  for  taxes,  when  3700. 

Keport  annually  to  attorney-general  and 
county  recorder  1330-1340. 

Report  to  assessor  3695. 

Statements  of  1340. 

Stock  certificate  marked  what  character  of 
stock  1335. 

Stockholders'  consent  necessary  to  secure 
consolidation  1216. 

Stockholders'  consent  in  writing  necessary 
to  consolidate  1217. 

Stockholders  may  be  represented  by  proxy 
at  meeting  purpose  consolidation  1217. 

Stockholders'  stock  voted  how  at  meeting 
proposed  consolidation  1217. 

Subscription  to  capital  stock  deemed  fully 
paid  by  transfer  of  mining  ground,  when 
1200. 

Treasury  stock  defined  1334. 

Treasury  stock  stamped  how,  on  certificate 
1332. 

Tunnel  companies  may  take  mining  com- 
panies as  stockholders,  when  1202. 

Nonresident  joint-stock  companies.  See 
Foreign  Joint-stock  Building  and  Loan 
1361-1364. 

Proceedings  against  7402-7410. 
Protestant  Episcopal  Church  1425-1433. 

Annual  election  warden  or  vestrymen,  held 
when  1428. 

Churches  already  organized,  privileged  to 
avail  themselves  provisions  this  act  1433. 

Corporate  name  defined  1425. 

Duties,  trustees  defined  1430. 

Elections  held  irregularly,  not  deemed  to 
invalidate  act  1429. 

Limitation  in  annual  income,  what  1432. 

Powers  and  duties,  defined  1430. 

Quorum  vestry  necessary  do  business,  when 
1428. 

Real  estate  sold  how  1431. 

Sale  real  estate,  conducted  how  1431. 

Treasurer  of  file  and  record  financial  con- 
dition, when,  where  1432. 

Vacancy  in  vestry  filled  how  1428. 

Vestry  constituted  how  1427. 

Vestry  legal  trustees,  when  1427. 

Violation  provisions  limitation  in  annual 
income  works  forfeiture  charter  1432. 

Wardens,  vestrymen   elected    how,  when, 

where  1426. 

Religious,  charitable,  literary  and  other  socie- 
ties 1365-1372. 

Annual  report  made  how,  when  1372. 

Building  usecl  for,  exempt  3621. 

Articles  incorporation  contain  what,  ac- 
knowledged, how  1366-1367. 

Certificate  election  trustees  contain  what, 
filed  where  1366. 

Directors  make  annual  reports  how,  when 
1372. 

Directors,  powers  defined  1368. 

District  cou  rt  m  ay  allow  sale  of  property  1369 . 

Incorporated  how,  when  1365. 

Lands  and  property  held  in  trust,  how  1370. 

Limitation  property  interests,  what  1371. 

Powers  of  directors  defined  1368. 

Property  descends,  how  1370. 


Religious— continued . 

Property  exempt  from  taxation,  when  3621. 

Real  estate  limited,  how  1371. 

Real  estate  sold,  how  1369. 
Surety  companies,  1242-1248. 

Articles  incorporation  recorded,  where  1247. 

Attorney-general  must  approve  articles, 
when  1243. 

Certificate  incorporation,  to  whom  sub- 
mitted, contain  what,  filed  where  1243. 

Domestic,  consolidated  how,  when  1245- 
1246. 

Duty  district  attorney  prosecute  stockhold- 
ers or  officers,  when  1248. 

Liabilities  limited  1246. 

Liabilities  of  stockholders  must  be  less  than 
assets  1244. 

May  be  incorporated  how,  by  whom  1242. 

Oath  of  officer  or  stockholder  1244. 

Power  to  incorporate  given,  to  wrhom  1242. 

Stockholder  forfeits  his  stock  therein,  when 
1244. 

Stockholder  guilty  of  misdemeanor  falsely 
subscribing  to  stock  1244. 

Stockholder  may  be  examined  as  to  finan- 
cial worth,  when,  by  and  before  whom 
1244. 

Stockholder  must  take  oath  1244. 

Stockholder  responsible  for  par  value  stock 
held  by  company  1245. 

Taxpayer  may  complain  against  sufficiency 
of  stockholder's  worth,  to  whom,  when 
1244. 

Who  qualified  to  be  stockholder  1244. 
Woman's  Christian  Temperance  Union  1434- 
1437. 

Articles  incorporation,  contain  what  1436. 

Certified  copy  articles  deemed  prima  facie 
evidence,  when  1437. 

Limitation  in  value  property  held  by  1436. 

May  erect  and  own  certain  property,  when 
1438. 

May  incorporate,  how  1434-1435. 

Subject  to  general  corporation  law,  when 
1439. 

"Corrupt"  or  "corruptly"  defined  6294(2) . 
Corrupt  influence  of  agent  or  employee,  pen- 
alty 6796. 
Corrupt  practice  at  elections,  penalty  6802, 

6803.     See  Elections. 
Costs,  civil  action.     See  Civil  Practice. 

District  court  5376-5393. 

Justice's  court  5812-5814. 

Supreme  court  5333,  5357,  5381,  S.  C.  rule 
vi,  p.  1422. 

Witness  fees  2000,  2012. 

Costs,  criminal    action,  escape,  prosecutions 
for  6820. 

Judgment  for  7499. 

Malicious  prosecution  7501,  7502. 

Not  to  be  deducted  from  fine  3760,  7463. 
Counsel,  right  of  accused  to  appear  by  (Nev. 

Const.)  237.     See  Civil  Practice. 
Counselors.     See  Attorneys  under  Civil  Prac- 
tice 498-525. 

Counter-claim.     See  Civil  Practice. 
Counterfeiting,   chapter   concerning,   crimes 
act  6663-6694. 

Coins  or  paper  money  6667. 

Congress  to  provide  punishment  for  116. 


2345 


INDEX 


County  assessor 


Counterfeiting— continued. 

Expert  testimony  on  trial  for  7175. 

Gold  bars  or  other  articles  6686. 

Having  or  making  die,  plate  or  machine 

6681. 
Money,  advertising,  making  or  having  with 

intent  to  pass  6667,  6678-6680. 
Private  stamp,  labels  or  designs  4619,  6437, 

6689. 

Public  or  corporate  seal  6685. 
Trademark  4619,  4636, 4637, 4646, 6437, 6689- 

6694. 

Counties.     See  County  Government  and  Var- 
ious County  Officers. 
Actions  by,  against  or  between  5013. 
Apportionment  of  moneys  pledged  to  school 

purposes  to  be  made  by  law  355. 
Change  in  boundaries,  justice  of  the  peace 

successor  of  predecessor  5805. 
Creation,  boundaries  and  seats,  Churchill 
3'. HI     I  H(.»,  1451,  1453-1455. 

Clark  1456,  1457. 

Douglas  390,  1442,  I  150. 

Eiko  i  i5s,  1459.  i  n;i. 

EuneraldaSQO,  1441, 1450, 1-451,  1452,  1460, 
1461. 

Eureka  1 4(51'- 1465. 

Humboldt  :;<.»<>,  1446,  1448,  14C.7. 

Lake  1447,  1  IS4,  1485. 

Lander  390,  1455,  1467-147". 

Lincoln  1471-147:5. 

Lyon  300,  1445,  1474-1478. 

Mineral  1479,  1480. 

Nye390,  1451,  1468,  1472,  14S1,  1482,  1487. 

Ormsby  3««).  1443.  1150. 

Roop  3!M),  4(i<),  1447,  14S4,  1485. 

Storey  3«.»(),  144(5,  1450. 

Washoe  390,409, 144  1, 1  147. 1450, 1483-1485. 

White  Pine  1486-1488. 
How  mortgaged  property  situated  in  two  or 

more  to  be  sold  on  foreclosure  5501. 
Indebtedness  of  state  not  to  assume  351. 
To  provide  for  indigents  as  may  be  pre- 
scribed by  law  366. 
Government  of  1501-1701. 
Removal  of  county-seats,  election  for,  can- 
vass of  1496,  1497,  1500. 

Officers  to  remove  to  new  location  1498. 

Petition  for  1496,  1499. 
Survey  and  establishment  of  boundary,  act 
construed  1495. 

Commissioners  to  authorize  1489. 

County  surveyors  to  make,  reports  and 
maps  1490-1492. 

Expenses  of  1493,  1494. 

Surveyor-general  to  run  line  4349. 

Surveyor-general,  custodian  of  boundary 

maps  4355. 
County.     See    County   Government,  County 

Commissioners. 
Abatement  of  nuisance  in,  to  be  ordered 

by  county  commissioners,  district  attorney 

to  bring  action  1562. 
Action  against  on  rejected  claim  must  be 

commenced  within  one  year  after  rejec- 
tion thereof  4967. 
Action  by  or  against,  district  attorney  to 

prosecute  or  defend  1598. 
Action    not   to  be    brought    against   until 

claim  is  first  presented  to  commissioners 

and  auditor,  costs  when  recoverable  1523. 


County— continued. 

As  a  party  to  action,  when  bond  or  under- 
taking not  required  5487. 

Attached  to  another  for  judicial  purposes, 
sheriff  has  same  power  1658. 

Business,  local  or  special  law  regulating, 
invalid  278. 

Claim  against,  if  taxpayer  objects,  commis- 
sioners to  defer  action  at  least  ten  days 
to  allow  institution  of  proceedings  to 
determine  validity  1521. 

Commissioners,  board  of,  legislature  to  pro- 
vide for  in  each  county  284. 

Costs  not  payable  by  in  action  or  abuse  of 
apprentices  493. 

Demand  against,  not  presented  within  six 
months  after  notice  that  it  is  payable 
funds  may  be  paid  for  other  purposes, 
but  demand  becomes  due  again  on  re- 
presentation 1563. 

District  attorney  not  to  advocate  claim 
against  1520,  1605. 

Funds,  not  to  be  used  for  sectarian  pur- 
poses 362. 

Government,  legislature  to  establish  uni- 
form 283. 

Indebtedness  or  liability  to,  local  or  special 
law  releasing,  invalid  (Nev.  Const,  art. 
iv,  sec.  20)  27S. 

Jail,  each  to  build  one  7610. 

May  have  contract  declared  void  if  public 
officer  interested  2S29. 

Need  not  give  undertaking  on  appeal  5346. 

State  not  to  assume  debt  of,  unless  created 
for  public  defense  351. 

Stockholder,  not  to  become  or  to  loan  to 
any  company,  corporation  except  rail- 
road company  347. 

When  losing  party,  costs  payable  out  of 
county  treasury  5393. 

When  may  recover  for  relief  furnished  indi- 
gent of  another  county  2922. 
County  and  executive  committees  for  politi- 
cal parties  1709.     See  Elections. 
County    assessors.     See    Officers    Generally, 
Revenue. 

Absence,  leave  of  1566-1568. 

Assessment  of  land,  minimum,  liability  for 
3838-3840. 

Assessment,  when  made  3624. 

Assessment  roll,  deliver  to  county  clerk  3636. 
To  prepare,  form  of  3633. 
When  completed,  oath  to  3635. 

Attendance  on  state  board  meeting  com- 
pelled 3798. 

Auditor,  information  to  furnish  to  1585. 

Auditor,  report  on  statistics  1586. 

Blanks,  unused,  to  return  3686. 

Bond,  additional,  when  required  3705. 

Bond  of,  approval  and  filing  1571,  2786. 

Bond,  suit  on  1575. 

Books  for,  commissioners  to  furnish  3623. 

Books  of  mining  company,  may  demand 
3691,  3694. 

Books  open  to  inspection  3752. 

Commissioners,  compensation  to  fix,  when 

1573,  1579. 
May  authorize  appointment,  when  1573, 

1579. 

Suit  against,  to  direct,  when  3704. 
Vacancy  in  office,  to  fill  1572. 


County  assessor 


INDEX 


2346 


County  assessor— continued. 
Commissions,  on  what  allowed,  how  paid 

1581. 

Compensation  3765. 
Delinquent  list,  proceeds  of  mines,  notice 

of  3699. 
District  attorney,  proceedings  against,  when 

3625,3681,3840. 

Duties,  neglect  of,  penalty  3625,  3751,  3753. 
Duties  of  other  office,  not  to  perform  3751. 
Election  of  1569,  2765,  2773,  2781. 
Ex  officio  poll-tax  collector  3713. 
Express  companies,  assessment  3791,  3792. 
Foreign     corporation,     annual     statement 

1352. 
Franchise,  grantee   to   file    sworn    annual 

statement  with  2136. 
Full  cash  value  3623. 
Giving  false  receipt  felony  3684. 
Improper  assessment,  penalty  3809. 
Land,  state,  contracts  and  sales,  surveyor- 
general  to  report  to  3199. 
Land,  minimum  assessment  3838-3840. 
Leave  of  absence  1566-1568. 
Liability  for  taxes  3625,  3839. 
List  of  taxpayers,  to  prepare  and  print  3632. 
Live  stock,  assessment  3843,  3845-3861. 
Map,  to  prepare,  when  3634. 
Member  of  state  board  of  county  assessors 

3797. 
Monthly  statements  to  make,  penaltv  for 

failure  3680,  3681. 

Mortgaged  property,  assessment  3786,  3790. 
Neglect,  excused,  when  2625. 
Neglect  of  duty,  penalty  1574,  3704. 
Neglect  to  make  monthly  statement   pro- 
ceedings 3681. 
Neglect  to  make    settlement,  suit    against 

3704. 

Oaths,  may  administer  1576. 
Oath  of  1571,  2786. 
Oath  to  assessment  roll  3635. 
Owners  absent  or  unknown  3624. 
Patented  land,  assessment  3838-3846. 
Patented  mines,  assessment  of  352,  1578. 
Personal  property,  collection  of  taxes  3678, 

3866. 

Personal  property,  sale  on  summary  pro- 
cess 3679,  3680." 

Personal  tax,  collection  of  3678,  3866. 
Poll-tax  collector  3713. 

Bond,  additional  may  be  required  3715. 

Collection  enforced  3718,  3719. 

Information,  refusal  to,  penalty  3720. 

Penalty  false  receipt  3714. 

Eeceipts  from  auditor  3713. 

Roll  to  keep  3724. 

Settlement  with    auditor    and   treasurer 

3722,  3723. 

Poll-tax  receipts  to  sign  3841 . 
Printed  list  of  taxpayers  3775,  3776. 
Proceeds  of  mine,  assessment  3687-3709. 
Property,  how  assessed  3623. 
Quarterly  statement  as  to  mines  3695-3697. 
Railroads,  assessment  3814,  3838-3840. 
Records,  altering  or  stealing  2817. 
Removal  or  suspension  3753. 
Report  to  assessor  of  other  county  3627. 
Report  to  auditor  1586. 
Report  to  district  attorney,  person  refusing 

statement  3624. 


County  assessor— continued. 
Resignation  2787,  2801,  2813. 
Returns,  neglect  to  make,  penalty  3726. 
Salary,  state  to  allow  for  part  1701,  3749. 
Sale  of  personal  property  for  taxes  3700. 
Settlements  as  to  revenue  3754. 
Sheep,  number    and   value,  statement   to 

prepare  4590. 

State  board  of  county  assessors  3797-3812. 
Statement,  franchises  to  file  annual  with 

2136. 
Statement  to  demand,  penaltv  for  refusal 

3624. 

Statistical  reports  to  make  1586-1591,  4352. 
Statistics  to  furnish,  compensation  for  1586, 

1591. 
Surveyor-general,   contracts    and    sales  of 

land  to  report  to  3199. 
Surveyor-general,  reports  from  to    obtain 

quarterly  4352. 
Surveyor-general  to  send  circular  letter  to 

1589,  4352. 

Tax  levy,  copy  to  file  3763. 
Tax  list  to  prepare,  form  of  3633. 
Taxpayers,  printed  list  of  3775,  3776. 
Taxes,  proceeds  of   mines  to  collect  and 

pay  over  3700-3704. 
Term  of  office  1570,  1577,  2786. 
Term,  expiration  of  refusal  to  surrender 

records,  penalty  2819. 
Transient  stock,  duties  3847, 3851, 3854, 3858, 

3859. 

Unincorporated  towrns,  duties  878,  890. 
Vacancy,  how  filled  1572,  2787,  2801,  2813. 
County  auditor.     See  County  Government, 

ReA'enue,  Officers  Generally. 
Affidavit  of  observance  of  law  2844. 
Annual  report  to  controller  1584,  3835. 
Assessment  roll,  dutv  concerning  3641,  3642, 

3794. 

Assessment  roll,  mines,  to  examine  3697. 
Assessor,  to  report  on  statistics  to  1586. 
Audit  claims  against  county  1509. 
Board  of  examiners,  member  of  1549-1551. 
Bond,  liability  on  for  neglect  3685. 
Bond  of  clerk,  filed  with  1690. 
Bond  of  sheriff,  filed  with  1644. 
Books  of  account,  to  keep  1511. 
Books  of,  open  to  inspection  1511,  3752. 
Certificate  or  duplicate  to  issue  on  claims, 

fee  for  1535. 
Certificates   or  warrants  of  indebtedness, 

payment  of  1563. 
Circular  of  surveyor-general  to  deliver  to 

assessor  1585. 
Claims,  audit  in  part  1510. 

Conveyance  of  prisoners  to  audit  1509- 
1512*,  1545. 

Duty  to  audit  1535,  1544,  1545. 

Indebtedness  deducted  1512. 

To  number  and  keep  record  of  1511. 

Vetoed,  warrant  to  draw  on  unanimous 

vote  of  commissioners  1510. 
Compensation  1592,  3765. 
Constitutional  provisions  for  office  of  290. 
Controller,  to  report  to  3748. 
County  finances,  to  have  knowledge  of  1511. 
Court  order,  warrant  on  1583. 
Delinquent  list,  duty  concerning  3657. 
Delinquent  list,  proceeds    of    mines,   duty 

concerning  3706. 


2347 


INDEX 


County  clerk 


County  auditor— continued. 
Delinquent  taxes,  adjustment  of  accounts 

with  treasurer  3862,  38(5:;. 
Deputy,  may  appoint  2848. 
District  attorney  to  file  receipts  with  1599. 
District     attorney     to     notify,    neglect     of 

assessor  3681. 
District  attorney  to  receipt  to,  for  money  or 

property  received  1599. 
District  judges,  salary,  warrant  for,  to  draw 
•  1508. 
Duties  as  to  revenue,  neglect  of,  penalty 

3761,3753. 

Duties  generally  1511. 

Duties  of  other' office,  not  to  perform  3751. 
Fees,  counties  less  than  eight  hundred  2002. 
Fees,  counties  more  than  eight  hundred  2014. 
Fees,  oath  to  claims  1535. 
License,  glove  contest,  to  prepare  3883. 
Licenses,  settlement  with  sheriff  for  3740, 

3741. 

Licenses,  sheep,  to  prepare  3771. 
Orders  of  district  judges  for  payments  to, 

number  1 5s: 5. 

Property  not  assessed,  duty  as  to  3<ii'5. 
Recorder,  ex  officio  27<i5. 
Redeemed  warrants  deposited  with  1684. 
Report,  to  controller  374s. 

To  controller,  assessment  and  taxes :>(  141'. 

To  controller,  delinquent  taxes  3<H(.'. 

To  controller  on  poll  taxes  3725. 

To    surveyor-general,    certain    statistics 

L684-1591. 

Salary,  state  to  allow  for  part  1701,  3749. 
School    funds,   duties   as    to.     See   Public 

Schools. 

Settlements  with,  by  revenue  officers  .">7>V1. 
Settlements  with  tax  receiver  3648,  3796. 
Sheep  license,  to  prepare  3771. 
Sheriff,  bond  of,  filed  with  1644. 
Statement,  quarterly, to  commissioners3746. 
Statement  to  controller  3750. 
Statistical  report  to  controller  1584. 
Tax  levy,  copy  to  file  3763. 
Tax  receiver   to    charge    with    assessment 

roll  3642. 

Town  government,  duties    78-890. 
Warrant,  not   to    draw    unless    money   in 

treasury  to  pay  1510. 
Warrants  of,  when  payable  1582. 
Warrant  on  court  order  1583. 
Warrants  to  draw  for  treasurers,  settlement 

with  state,  expense  of  collecting  revenue 

3749. 

Weather  bureau,  reports  to  make  to  4410. 
County  board  of  education,  election,  powers 
and  duties  3417-3419.     See  Public  Schools. 
County  board  of  health,  created,  who  consti- 
tutes, duties,  what  2981,  2982. 
County  business,  local  or  special  law  regu- 
lating, invalid  278. 
County  clerk.     See    Clerk    of   Court   under 

Civil  Practice,  Criminal  Practice,  Officers 

Generally. 

Absence,  leave  of  1566-1568. 
Acknowledgments,  may  take  4883. 
Actions,  register  of  to  keep  5480. 
Agents,  registry,  to  report  to  persons  sub- 
ject to  military  duty  3981. 
Assessment   roll,    correct   and    deliver   to 
auditor  3640. 


County  clerk,  assessment  roll— continued. 

Custodian  of  3636. 

Notice  to  give  for  inspection  3636. 
Bond  of,  approval  and  filing  1690,  2786, 

2872,  2887. 

Bond,  surety  company  may  furnish  2888. 
Books  of  revenue  open  to  inspection  3752. 
Certificates  of  election,  to  issue  1513. 
Certificates  of  transient  stock,  duties  as  to 

3846,  3847. 

Certificates  of  true  name  of  persons  trans- 
acting business  under  assumed  name  filed 

with,  index  to  keep  6729. 
Certify  tax  levv  to  revenue  officers  3763. 
Certify  vacancies  to  secretary  of  state  2795. 
Clerk*  of  board  of  county  commissioners 

290,  1505-1507,  1691,  2765. 
Clerk  of  court,  duties  as,  any  may  admin- 
ister oath  or  affirmation  5483. 

Certificate  and  duty  of  on  stay  of  execu- 
tion  pending  motion  for  new  trial  in 
district  court,  D.  C.  rule  xxvi,  p.  1429. 

Certificate  that  appeal  is  perfected,  when 
to  stay  execution,  D.  C.  rule  xxii,  p. 
1429. 

Deposition  of  witness  for  perpetuation  of 
testimony  to  be  filed  with  546S. 

Deposition  taken  out  of  state  to  be  for- 
warded to  5461. 

Deposition  to  be  sealed  and  forwarded 
to  5456. 

Duties  of  concerning  investments  in  action 
for  partition  ;V>r><>. 

Duties  of  in  relation  to  judgment-roll  in 
certiorari  proceedings  5693. 

Duties  of  on  application  for  naturaliza- 
tion 2518,  2525. 

Execution  to  be  returned  to  5283. 

Fees  of  in  contested  election  for  county 
or  township  office  same  as  in  district 
court  1811. 

Fees  of  in  proceedings  for  removal  of  di- 
rectors or  officers  of  corporation  1182. 

Fees  upon  naturalization ,  half  to  be  trans- 
mitted 2526. 

Filing  of  certificate  of  district  judge  as  to 
which  of  two  justices  of  the  peace  en- 
titled is  successor  5807. 

How  to  indorse,  file  and  open  deposition 
in  district  court,  D.  C.  rule  xvi,  p.  1428. 

How  to  make  up  court  calendar  5200. 

In  absence  of  district  judge  may  commit 
insane  person  to  asylum  2210. 

May  attest  copy  of  records  of  other  states 
5410. 

May  be  required  to  take  down  testimony 
5473. 

May  certify  to  certificate  of  incorporation 
1221. 

May  certify  to  statement  and  papers  on 
appeal  5356. 

May  certify  transcript  of  judgment  for 
filing  as  lien  in  another  county  5277. 

May  file  and  enter  consent  of  tenant  in 
action  for  partition  5556. 

May  issue  execution  in  action  for  delin- 
quent taxes  3665. 

May  issue  execution  on  judgment  for 
deficiency  after  sale  on  foreclosure  5501. 

May  take  affidavit  to  be  used  in  this  state 
5450. 


County  clerk 


INDEX 


2348 


County  clerk,  clerk  of  court— continued. 

Mortgage  or  security  may  be  taken  in 
name  of  on  sale  in  partition  5555. 

Must  include  interest  and  costs  in  judg- 
ment and  docket  5388. 

On  removal  of  officer  for  malfeasance,  to 
transmit  copy  of  judgment  to  governor 
or  county  commissioners  2853. 

Pleadings  and  transcript  to  be  certified 
to  on  transfer  of  case  from  justice's 
court  to  district  court  5721. 

Security  or  investment  of  proceeds  on 
sale  in  partition  to  be  invested  in  name 
of  5567. 

Service  of  notices  and  papers  may  be 
made  upon  when  party  has  no  office  at 
county-seat  5369. 

Service  upon  of  notice  of  taking  testi- 
mony for  perpetuation  5466. 

Service  upon  of  notice  of  motion  to  per- 
mit plaintiff  to  occupy  premises  pend- 
ing action  under  eminent  domain  5615. 

Sheriff  to  file  affidavit  and  order  of  arrest 
with,  D.  C.  rule  xxxiii.  p.  1430. 

To  accept  deposit  in  lieu  of  bond  or  under- 
taking 5486. 

To  add  his  costs  to  judgment,  although 
not  in  cost  bill  5387. 

To  annex  examination  to  undertaking  on 
justification  of  bail  in  civil  action  5105. 

To  arrange  judgment  docket  to  facilitate 
inspection  5276. 

To  ask  jury  if  they  have  agreed  upon  ver- 
dict 5218. 

To  attach  certificate  to  judgment  roll  and 
enter  a  minute  of  the  judgment  of  the 
supreme  court  on  appeal  5360. 

To  be  furnished  with  copy  of  order  or 
judgment  by  attorney  in  district  court, 
D.  C.  rule  xxxii,  p.  1430. 

To  certify  copies  of  judicial  records  of 
this  state  or  the  United  States  5408. 

To  certify  to  genuineness  of  signature  of 
judge  taking  affidavit  out  of  state  5453. 

To  certify  to  writ  of  attachment  in  justice's 
court  for  service  in  another  county  5751. 

To  certify  under  seal  to  summons  in 
justice's  court  for  service  in  another 
county  5732. 

To  collect  fee  upon  commencement  of 
action  or  proceeding  2030. 

To  deduct  fees  paid  juror  in  civil  case 
from  amount  due  him  from  county 
2013. 

To  deliver  statement  and  amendments  on 
appeal  5331. 

To  deliver  to  district  judge-  calendar 
showing  business,  D.  C.  rule  ii,  sec.  3, 
p. 1426. 

To  enter  certificate  of  judgment  of  su- 
preme court  when  appeal  taken  from 
order  5360. 

To  enter  judgment  5266. 

To  enter  judgment  in  judgment  book  5270. 

To  enter  judgment  upon  acceptance  of 
offer  of  compromise  5265. 

To  enter  name  of  minister  of  gospel 
authorized  to  solemnize  marriage  2340. 

To  enter  proceedings  for  right  of  way  for 
railroad  3550. 

To  enter  satisfaction  of  judgment  5279. 


County  clerk,  clerk  of  court— continued. 

To  enter  verdict  and  judgment  or  order 
on  special  verdict  5225. 

To  file  and  docket  abstract  of  judgment 
from  justice's  court  5780. 

To  file  and  enter  submission  to  arbitra- 
tion. 5257. 

To  file  complaint  and  may  issue  sum- 
mons in  civil  action  5016,  5034. 

To  file  decision  of  arbitrators  in  volun- 
tary submission  of  dispute  between 
employer  and  employee  1930,  1931. 

To  file  petition  for  changing  name  of 
person  5835. 

To  file  receipt  from  parties  to  referees  in 
action  in  partition  5568. 

To  file  statement  and  enter  judgment  on 
confession  of  judgment,  costs  5251. 

To  give  receipt  to  garnishee  5180. 

To  give  notice  of  application  of  alien  for 
naturalization  2518. 

To  give  notice  of  disincorporation  of  city 
875. 

To  give  notice  of  time  of  holding  district 
court,  D.  C.  rule  iii,  p.  1426. 

To  give  receipt  for  court  fees  upon  demand 
2033. 

To  include  interest  and  costs  in  judgment 
and  docket  5278. 

To  inform  judge  and  give  notice  of  elec- 
tion contest  1808. 

To  issue  commission  to  justice  of  the 
peace  to  take  depositions  on  contest 
for  member  of  the  legislature  1818. 

To  issue  copy  of  order  of  guardianship 
under  juvenile  court  law  739. 

To  issue  execution  5281. 

To  issue  execution  for  costs  when  remitti- 
tur  of  supreme  court  filed  5361. 

To  issue  execution  to  other  counties  on 
abstract  of  judgment  from  justice's 
court,  docketed  in  district  court  5781. 

To  issue  subpena  requiring  attendance 
before  public  service  commission  4532. 

To  issue  subpenas  and  subpenas  duces 
tecum  in  contest  for  county  or  town- 
ship office  1809. 

To  issue  wrrit  of  attachment  5148,  5149. 

To  keep  register  of  actions  and  make 
entries  5480. 

To  make  entries  in  docket  for  judgment 
lien  5274,  5275. 

To  make  up  judgment  roll  5273. 

To  notify  persons  appointed  on  probation 
committee  734. 

To  pay  on  order  of  court  money  trans- 
mitted in  lieu  of  undertaking  on  appeal 
from  justice's  court  5792. 

To  procure  seal  4876. 

To  publish  notice  of  application  of  cor- 
poration for  its  own  dissolution  1240. 

To  receive  and  disburse  money  paid  for 
boarding  and  lodging  jurors  2035. 

To  receive  depositions  in  contest  for 
members  of  the  legislature  and  indorse 
and  transmit  to  secretary  of  state  1819, 
1820. 

To  receive  docket  and  papers  on  death 
or  removal  of  justice  of  the  peace  5804. 

To  record  verdict,  jury  to  assent  5220. 


2349 


INDEX 


County  clerk 


County  clerk,  clerk  of  court — continued. 

To  take  deposition  of  witness  on  contin- 
uance 5203. 

To  transmit  copy  of  judgment  in  certio- 
rari  proceedings  to  inferior  tribunal  or 
officer  5692. 

To  transmit  verdict  in  mandamus  pro- 
ceedings, argument,  notice  5703. 

To  withdraw  name  of  excused  juror  from 
box,  D.  C.  rule  xxviii,  p.  1429. 

When  may  adjourn  court  4872. 

When  may  make  order  for  inspection  of 
mine  by  stockholder,  registration,  oath, 
fee  2492,  2I95. 

When  service  may  be  made  upon  for  non- 
resident 5375. 

When  to  enter  default  and  judgment  5236. 

When  to  file  and  enter  award  of  arbitra- 
tors and  judgment  5260. 

When  to  file  statement  on  appeal  5337. 

When  to  pay  to  county  treasurer  surplus 
money  in  action  on  "lien  for  charges  on 
animals  5500. 

When   to   refund    money   deposited    on 

arrest  in  civil  action  5108. 
Clerk  of  courts  of  record  290. 
Commanding  officer  to  furnish  list  of  mem- 
bers state  militia  to  4071. 
Compensation  1506. 

Corporations,  duties  relative  to,  amend- 
ments and  changes,  certificates  of  filed 
with  1171. 

Cooperative  associations,  copy  of  certifi- 
cate filed  with  1251,  12-V.. 

Cooperative  associations,  dissolution  1258. 

Directors,  certain  corporations,  court  pro- 
ceedings, fee  of  clerk  1223. 

Foreign,  copy  of  charter  filed  with  1348. 

Merger,  certificate  of  filed  with  1 1  !-">. 

Mutual  fire  insurance  companies  1290, 
1298. 

Place  of  business,  certificate  of  filed  with 
1170,  1171. 

Place  of  business,  removal  of  1241. 

Religious,  fraternal  or  benevolent,  certifi- 
cate filed  and  recorded  1367. 

Reduction  of  capital  stock,  certificate  of 
filed  with  1169. 

Renewal  of  charter,  certificate  of  filed 
with  1209. 

Subdivision  of  stock  certificate  of  filed 

with  1168. 

Deputy,  may  appoint  2848. 
Deputy,  salary  in  certain  counties  1693-1695. 
District  court,  clerk  of  290,  2765. 
District  court,  may  adjourn,  when  4872. 
District  court,  to  collect  fee,  how  applied 

331. 

Duties  and  liability  890. 
Duties  as  to  revenue,  neglect  of,  penalty 
3751,  3753. 

Juvenile  court  law  733. 

Of  other  office,  not  to  perform  3751. 

To  discharge  as  prescribed  1691. 
Election  of  2765. 

Election,  duties  concerning,  abstract  vote, 
copy  to  secretary  of  state  1797,  1799, 
1801,  1881. 

Ballots,  custody  of  1795. 
For  primary,  to  provide  1747,  1748. 

148 


County  clerk,  election  duties— continued. 

Printed  ballots,   to  provide   1843-1847, 

1868,  1885,  1897. 
Supervise  printing  1840. 
Candidates,  list  of  (primary)  to  publish 

1745. 
Certificates   of   nomination  to  file   1837, 

1839. 

Certificates  of,  to  issue  1513,  1796. 
Constitutional  amendments  1842,  1879. 
Contests  1805-1811,  1818-1820. 
Custody  of  ballots  1795. 
Fees,  certifying  prepared  copy  2045. 
Fees,  counties  eight  hundred  or  less  1995. 
Counties  over  eight  hundred  2007. 
From  to  pay  treasurer  1743. 
General  provision  concerning  1696-1700. 
Laws,  to  furnish  officers  of  1832. 
Nominations,  list  of  to  publish  1841. 
Notice  of  election,  primary  1770;  general 

1880. 

Poll  books  and  supplies  to  furnish  1769. 
Primary  election, notice  of  to  publish  1739. 
Primary,  nomination  papers,  filed  with 

1741.' 
Primary,  report  result  to  secretary  state 

1757. 
Registration  agents  to  file  lists  with  1734, 

1735. 
Registration  list,  copy  to  secretary  state 

17:1.."). 

Registration  list,  furnish  inspector  1713. 

Sample  ballots  to  provide  1857. 

Estates  of  decedents,  records  to  keep  6103. 

Estates,  letters  of  administration  and  letters 

testamentary  signed  and  sealed  by  5891. 

Estates,  notice,   may  give    without   order 

6143. 
Ex  officio  clerk  of  courts  of   record  and 

commissioners  290. 

Fees,  counties  eight  hundred  or  less  1995. 
Counties  over  eight  hundred  2007. 
Corporate  elections  1223. 
Court,  to  pay  to  treasurer  2033. 
Delinquent  children  proceedings  749. 
Directors  certain  corporations,  court  pro- 
ceedings 1223.  " 
District  court  331,  2030. 
Grand  jury  to  assist  in  selection  493 1 . 
Guardianship  6196. 
limitation  on  amount  of  1995,  2007. 
Marriage  license,  to  receive  2341-2345. 
Monthly  statement  of  2021. 
Public  land  matters  to  retain  1614. 
Soldiers,  pensions  not  to  charge  3914. 
Fines,  justice  court,  paid  to  county  treasurer 

7508,  7509. 

Fish  and  game  licenses  to  issue  2102,  2104. 
Fish  and  game  licenses,  record  of  to  keep 

2104. 

Insane,  examination,  when  2210. 
Insane,  may  commit,  when  2210. 
Juries,  drawing  and  venire  4930,  4931. 
Jurors,  expenses  of  to  disburse  2035. 

List  of  to  keep  4930. 
Jury  box,  custodian  of  4937. 
Justice  of  the  peace,  bond  filed  with  4927. 
Leave  of  absence  1566-1568. 
Legislative  control  over  office  290. 
Marriage  license,  to  issue  2341. 
Record  to  keep  2340. 


County  clerk 


INDEX 


2350 


County  clerk — continued. 

Militia,  arms,  application  for  to  be  filed  with 
4042. 

Militia,  unorganized,  to  report  3981. 

Mines,  inspection  by  stockholders,  duties 
concerning  2492-2495.  See  Mines  and 
Mining. 

Ministers,  authorized  to  marry,  record  to 
keep  2340. 

Notary  public,  bond  and  oath  filed  with  2746. 

Notice  of  meeting,  board  of  equalization  to 
give  3636. 

Oath  of  1690,  2786. 

Oath  to  claimant  against  county,  to  admin- 
ister without  charge  1613. 

Officers  elected,  appointed,  removed  or 
vacancy  in,  to  certify  to  secretary  of  state 
2795,  2853. 

Office  hours  1564,  1565. 

Partnership,  to  keep  register  of.  See  Part- 
nership. 

Pharmacists,  to  be  notified  of  certificates 
to,  list  to  keep  4497. 

Physicians,  record  of  licenses  2367. 

Prepare  ballots  of  names  of  jurors  sum- 
moned and  deposit  in  box  5204. 

Kecords  or  documents,  altering  or  stealing 
2817. 

Resignation  and  vacancy  2797,  2801,  2813. 

Seal,  how  affixed  5481. 

Seal  of  court,  to  keep  4878. 

Subpena,  to  issue  blank  to  defendant  7352. 

Taxation  and  revenue,  duties.    See  Revenue. 

Transient  stock,  certificate  3846,  3847. 

To  enter  name  of  minister  of  gospel  author- 
ized to  solemnize  marriage  2340. 

Town  government,  duties  878-890. 

Townsite,  federal,  to  certify  decision  to  cor- 
porate   authorities    or  judge  in  case  of 
adverse  claimants  to  lots  1984. 
County   commissioners.     See    Officers    Gen- 
erally. 

Absence,  leave  of  to  grant  county  officers 
1566-1568. 

Absence  of  chairman,  procedure  1505. 

Accounts  against  county,  settlement  and 
approval  1508. 

Accounts  of  officers,  examination  and  audit 
1508. 

Accounts  of  revenue  officers,  examination 
of  to  provide  for  2855-2860. 

Action  for  removal  for  contracting  floating 
indebtedness  3834. 

Advertise  for  contracts,  when,  lowest  bidder 
1530,  3005,  3019. 

Advertising,  contracts  for  2867. 

Apiaries,  instructors  of  to  appoint,  com- 
pensation to  fix  477,  478. 

Appointed  by  governor,  when  2805. 

Appointments,  temporary,  officers  2805. 

Apportionment  of  revenues,  into  funds  1555- 
1559,  3764. 

Apprenticing  children  483-497,  2919. 

Artesian  wells,  to  examine  704,  709,  713. 

Assessment,  books  for  to  furnish  3623. 

Assessor,  suit  against,  to  direct,  when  3704. 

Auditor  to  report  to,  quarterly  3746. 

Authentication  of  proceedings  1505. 

Authorizing  contract  when  money  not  in 
treasury,  action  for  removal  of  3830,  3834. 


County  commissioners — continued. 
Board  of  canvassers  1503,  1513. 
Board  of  equalization  3638-3641,  3678,  3693, 

3793,  3797,  3839,  3844. 
Board    of    equalization,    cannot    equalize 

assessment  by  state  board  3797. 
Board  of  equalization,  duties  of  other  officer 

not  to  perform  3751. 
Board  of  equalization,  meeting,  powers  and 

duties  3638,  3693,  3793,  3797,  3839,  3844. 
Board  of  equalization,  quorum  3639. 
Board  of  examiners,  members  of,   duties 

1549-1551. 

Board  of  health  2981,  2982. 
Board  of,  legislature  to  provide  for  in  each 

county  284. 

Bond  of  assessor,  to  approve  1571. 
Bond  of  constable,  to  approve  4927,  4928. 
Bond  of  district  attorney,  to  fix  1594. 
Bond  of  justice  of  peace,  to  approve  4927, 

4928. 

Bond  of  recorder,  to  fix  1628. 
Bond  of  surveyor,  to  approve  1665. 
Bonds  of  county  officers,  to  approve  1664, 

1665,  1675,  2872,  2873,  2890,  4928. 
Bonds  of  officers,  may  require  additional 

1616,  2873,  2874,  3705. 

Bonds  of  officers,  new  may  be  required  1514. 
Bonds,  official,  settlement  with  sureties  5886. 
Boundary  of  county,  may  require  line  run 

4349. 
Boundary  of  water  districts,  to  define,  when 

4725.     See  Water. 
Bounties,  artesian  wells,  allowance  of  704- 

716. 

Bounties,  noxious  animals,  to  pay  722-727. 
Branch  jail,  may  establish  7614. 
Bridges  and  highways,  to  control  1508.    See 

Roads,  post. 

Budget  of  expenses,  to  make  3826-3829. 
Buildings,  public,  build  or  purchase  bonds 

and  tax  for  1552-1524. 
Canvass  election  returns,  when  1503,  1513. 
Certify  vouchers,  expense  of  collecting  reve- 
nue 3749. 

Chairman,  duty  of  as  to  roads  3023. 
Chairman,  election  of  1505. 
Children,  may  apprentice,   when   483-497, 

2919. 
Claims,  against  county,  action  on  1509. 

Allowed,  publication  of  1541,  1542. 

Conveyance  of  prisoners  1544. 

For  printing  list  of  taxpayers,  to  allow 
3632. 

Indebtedness  deducted  1512. 

Objected  to,  procedure  1521. 

Printing  list  of  taxpayers  3775. 

Rejected,  bar  1526. 

Unaudited,  when  presented  1524,  1525. 

Unpaid,  reallowance,  when  1536. 

Vetoed  by  auditor,  action  on  1510. 
Clerk  of  1505. 
Combustible  materials,  storage,  regulation 

of,  penalty  1946-1948. 
"Commissioner  districts"  1531,  1534. 
Compensation  of  1517,  1547. 
Compensation  to  assessor  for  statistics  1586. 
Contagious  diseases,  duties  2996. 
Contracting    obligations,   limited,   penalty 

3834. 


2351 


INDEX 


County  commissioners 


County  commissioners— continued. 
Contracts,  advertised  for,  when  1530,3005, 
3019. 

Beyond  term  of  office  1587. 

By,  when  money  not  in  treasury,  penalty 
8880. 

For  public  buildings,  lowest  bidder  1508. 

Not  to  be  interested  in   1522.  1530,  2827- 
2*30,  6331. 

To  make  exclusively  1  •">.">'.». 
Control  of  suits  1508. 

County  buildings,  to  provide   for   1508, 
1652-1654. 

County  funds,  transfer  of  1540,  1700. 
County  offices,  declare  vacant,  when  2802. 
County  officers,  leave  of  absence  to  1  •">(>(>- 

1568. 

County  property,  to  control  15i»s. 
County  surveyor,  bond  to  approve  1665. 
Dead    body,  permits,  disinterment  or  re- 
moval 6553. 
Deaf,  dumb  and  blind,  duties  concerning 

1703,  1704. 
Debts  or  liabilities,  not  to  contract,  when 

1516. 

Declare  county  offices  vacant  2so2. 
Delinquent  taxes,  duties  as  to  3862,  3863. 
Demands  against  county,  to  act  on  1509. 
Deputy  assessor,  compensation  to  fix  1573, 

1579. 

Deputy  assessor,   may  authorize  appoint- 
ment 1573,  1579. 

Detention  homes,  when  to  maintain  742. 
Disincorporated  towns,  duties  as  to  967-974. 
District    attorney,    may    deduct  salary  of, 

when   15!»7. 

District  attorney,  to  attend  and  give  opin- 
ions 1519,  1520,  1602,  IttO-L 
District  attorney,  vacancy  to  fill  1607. 
District  judge,  to  provide  office  for  2941. 
Election  of  284,  1501,  1531-1534,2765,2773, 

2781. 

Elections,  duties  as   to,  abstract   of   vote, 
district  election  1800. 

Abstract  or  returns,  failure  to  transmit, 
penalty  1801. 

Ballot  boxes,  to  provide  1777, 

Ballots,  custody  of  1795. 

Board  of  canvassers  1513. 

Booths  and  supplies  to  furnish  1769,  1850. 

Canvass  of  votes  1796. 

Certificate  of,  not  withheld  for  informali- 
ties 1798. 

Certificates  of,  to  issue  1513,  2794. 

Claims  for,  to  allow  1716. 

Deputy  sheriffs,  number  of  to  determine 
1789. 

District  judge,  to  canvass  1573. 

Duties  pertaining.     See  Elections. 

Expenses,  to  allow  1802. 

Inspectors,  to  appoint  1768,  1772. 

Judges  and  inspectors  of,  to  appoint  1508. 

Messenger    to    convey    returns,   expense 
1799. 

Precincts,   establish,   change  or  abolish 
1508,  1768,  1865. 

Proclamation  of,  to  make  1770,  1880. 

Public  schools,  duties  as  to.     See  Public 
Schools. 

Recount,  when  1513. 

Registration  list,  printing  1720. 


County  commissioners— continued. 

Registry  agents,  to  supply  with  books  1706, 
1726/ 

Registry  agents,  vacancy  to  fill  1721, 1725. 

Special  to  call,  vacancy  in  legislature  2797. 

Tie  vote,  other  election  called  1796. 
Eligibility  1502. 
Emergency  tax  levy  3882. 
Equalization,  board  of,  duties  8638,  8693, 

3793,  3797,  3839,  3844. 
Excavations,  to  require  fenced  3238. 
Exceeding  budget  of  expenses  3826-3829. 
Excessive  tax  levy,  voting  for,  penalty  3828. 
Exhibits  of  county  products,  may  provide 

for  3935-3940. 

Expenses,  extradition  to  allow  7444. 
Expenses,  limitation  of  1516. 
Explosives,  storage,  regulation  of,  penalty 

LW6-1948. 

Extradition,  expenses,  to  allow  7444. 
Fees  and  costs,  tax  suit,  to  allow  from  sale 

3673. 

Fees  of  officers,  reports  of,  to  2021. 
Finances,  statement  of,  to  publish  1515. 
Fish  and  game,  closed  season,  ihay  extend 
2056,2057. 

Ordinance,  to  pass,  when  2098. 

Orders,  violation  of,  penalty  2058. 
Fish    and  game  licenses,  to  furnish  2102, 

2104,  2110. 
Fish  and  game  wardens,  to  appoint,  salaries, 

reports  2050,  2052,  2054,  2055. 
Five,  when  1501. 

Franchises,  may  grant  1261-1264,  2121-2141. 
Funds,  transfer  of  1540,  1700. 
Game,  birds,  etc.,  ordinance  for  protection 

of  2098. 

Governor  to  appoint,  when  2805. 
Governor  to  fill  vacancies  in  board  1501. 
Guideboards  on  highways,  to  erect  3026- 

3028. 

Health,  board  of,  duties  2981,  2982. 
Highways,  control  of  1508,  3004-3062.     See 

Roads  and  Bridges,  post. 
Highways,  prisoners,  may  order  to  work  on 

7616-7619. 
Horses,  sheriff  as  inspector  of,  to  report  to 

2291-2296. 

Horticultural  commissioner,  to  appoint  446. 
Hospital  or  asylum  associations,  private  to 

report  to  1397. 
Incurring    unlawful    obligations,    penalty 

3824. 
Index  to  county  records,  contract  for  1560, 

1561. 

Indigent  sick,  care  of  1508. 
Internal  improvements  4351. 
Irrigation  ditches,  duties  4724,  4725,  4744. 
Jails,  to  provide  1508,  7604,  7614. 
Judgment  to  be  entered  against  for  costs 

on  proceedings  to  set  aside  covenants  of 

apprenticeship  493. 

Juries,  grand  and  petit,  drawing  4930-4939. 
Jurisdiction  and  powers,  general  1508. 
Justice  peace,  vacancy,  to  fill  4852. 
Leave    of   absence  to  officers,  may  grant 

1556-1568. 
Lease  or  purchase  property  for  county  use 

1508. 
Legislature  to  provide  for  election  of  and 

prescribe  duties  (Nev.  Const.)  284. 


County  commissioners 


INDEX 


2352 


County  commissioners— continued. 
Levy  of  sheep  tax  for  sheep  commission 

4589. 

Levy  of  taxes  3618,  3762,  3763,  3818. 
Libraries,  public,  tax  levy  for,  claims  3230, 

3297. 
Licenses,  list  of,  sheriff  to  report  quarterly 

1661. 

License,  may  revoke  3867-3871,  6841. 
Licenses,  reports  concerning  to  3740. 
License,  stationary  engineers,  revocation 

3898-3904. 

Loan,  may  negotiate,  when  3831. 
Long  and  short  term  1501,  1502. 
Maps  for  assessment  purposes  3634. 
May  be  removed  or  suspended  and  others 

appointed    to    perform    duties    pending 

charges  3753. 
May  instruct  district  attorney  to  bring  suit 

against  assessor  for  failure  to  make  set- 
tlement for  taxes  3704. 
May  order  payment  and  action  against  per- 
son for  supportof  poor  kindred  2916,2917. 
May  order  sale  of  property  bid  in  by  county 

treasurer  for  delinquent  taxes  3667. 
May  order  treasurer  to  sell  property  to  which 

he  holds  deed  from  delinquent  tax  sale 

3767. 
May  remove  county  treasurer  when  action 

commenced  on  his  bond  1685. 
May  revoke  licenses,  proceedings  3868. 
May  suspend  from  office  county  or  revenue 

officer  under  presentment  3753. 
May    suspend    revenue    officer     pending 

charges    and  appoint   other  to   perform 

duties  3753. 

Meetings,  general  and  special  1503. 
Militia,  duties  of  4033. 
Militia,  state,  chairman  may  call,  when  2835, 

2839,  2840,  3982. 

Mining  districts,  to  order  election  to  deter- 
mine consolidation  4786.     See  Water. 
Mining  recorders,  to  provide  with  books 

2465. 

Minors,  may  apprentice,  when  483-497, 2919. 
Newspapers,  claims  for  preserving  1641. 
Notice  of  special  meeting  1504. 
Nuisances,  to  abate  1562. 
Number  of  1501,  1546. 
Oaths,  may  administer  1528. 
Obligations,  contracting  limited  3834. 
Officers,  accounts  of  to  examine  and  audit 
1508,  1514. 

Books  of,  may  examine  1514. 

Monthly  reports  to  1514. 

Neglect  of  duty,  to  prosecute  1514. 

Of  revenue,  may  require  report  from  1514. 

Vacancy  in,  to  fill  2813. 
Ordinance,  may  adopt  2098. 
Orphans  under  supervision  of,  until  when 

4094. 
Penalty  for  wrongful  use  of  contingent  fund 

1559. 

Petitions  to  open  roads,  procedure  3008, 3015. 
Poll-tax  collections  to  set  aside,  how  3841. 
Pollution  of  streams,  institute  suit,  when 

4716.     See  Water. 
Pollution  of  streams,  levy  tax  for  suit,  when 

4717. 

Poor,  to  provide  for  367,  2915-2928. 
Powers  and  jurisdiction,  general  1508. 


County  commissioners— continued. 
Prisoners,  may  require  to  work  7616-7619. 
Prisoners,  reports  to- concerning  7608,7620. 
Probation  officer,  to  recommend  733. 
Proceedings  recorded,  authentication  1505. 
Proceedings  to  determine  whether  breach 

of  contract  of  apprenticeship  491. 
Public  administrator, new  bond  may  require 

1616. 
Public  highways.     See  Roads  and  Bridges, 

post,  Public  Highways. 
Pure  food  law,  expenses,  to  allow  3501. 
Qualifications  1502. 
Quarantine  regulations  2996-3003. 
Quarterly  statement  of  finances,  to  publish 

1515. 

Quorum  1505. 
Railways,  permission  to  use  highways  and 

streets  3532. 

Reallowance  of  unpaid  claims  1536. 
Record  of  proceedings  1505. 
Records,  where  kept,  open  to  inspection  1507. 
Resignations  to  2793. 

Revenues,  duty  to  apportion  1555-1559,3764. 
Revenue  officers,  accounts  of,  to  have  exam- 
ined 2855-2860. 
May  suspend  3753. 
Part   compensation,  certificate,  to  issue 

1701,  3749. 

Revocation  of  license  3867,  6841. 
Rewards  for  murder  3906. 
Roads  and  bridges — 
Bridges,   and  culverts,   to    construct   at 

expense  of  water  user  3023,  3024. 
Contracts  for  construction  or  repair, 

advertisement  for  bids  3019,  3020. 
Funds  applicable  to  3018. 
Maintenance  of  3017-3021. 
Necessity  for  and  character  of  to  deter- 
mine 3021. 

Petition  for  3020,  3021. 
Road  fund  used  for,  when  3012,  3013. 
Special  tax  for  3018. 
Toll  bridges,  powers  over  3056,  3057, 

3059. 
Roads,  contracts  for  wyork  on,  when  to  be 

advertised  3005. 
Culverts  and  bridges  to  construct  at 

expense  of  water  user  3023,  3024. 
Funds,  to  apportion  842. 
How    opened,  viewers,  damages,  how 

paid  3008,  3015. 
How  to  be  run  3015. 
Inspector,  may  appoint,  compensation 

to  fix  3030-3033. 

Legal  subdivisions  to  follow  3015. 
Limitation  as  to  width  3016. 
Petition  to  open,  establish   change  or 

vacate  3008,  3015. 
Road  district,  fund  3014. 
Funds  apportioned  to  3007. 
How  created  or  disorganized  3011. 
Road  fund,  apportioned  to  cities  842. 
Created  3006,  3014. 
How  disbursed  3007,  3013. 
Surplus  may  be  used,  how  3013. 
Transfer  of  moneys  in  3012. 
Supervisors,  appointment  and  compen- 
sation, counties    with  1,800   votes 
3037-3040. 
With  3,000  votes  3041-3044. 


2353 


INDEX 


County  government 


County  commissioners— continued. 

Tax  levy  for  road  fund  3006,  3014. 
Tax,  may  be  worked  out  3014. 
Taxation,  duties  as  to.     See  Revenue. 
Toll  roads,  franchise  or  lease,  may  ex- 
tend 3056. 

Reduction  of  tolls  3057. 
To  declare  free  highway,  when  3056. 
Water  user,  duty  and  liability  of  3023. 
Width  of,  to  establish  3016. 
Work  by  convicts,  agreement  with  prison 

commissioners  7601. 
Work  on,  in  excess  of  $500  to  be  adver- 
tised 3005. 

Rewards  may  offer,  when  3906. 
Salary  and  mileage  1517,  1547. 
Sale  of  property  acquired  by  delinquent 

taxes  3652, 3667,  3670,  3767. 
Saloon  near  construction  camp,  license  to 

revoke  6841. 

School  districts,  to  establish  3316,  3326. 
School  fund,  not  to  transfer  1540. 
School  tax  lew  3378. 
Seal  of  1527. 
Select  jurors  4939. 
Sewerage  systems  in  towns  984-990. 
Sheep  inspection,  tax  levy  for  4589,  4590. 
Sheep  inspector,  to  appoint  2298. 
Sheriff,   as    horse    inspector,   to  report   to 

2291-2296. 

Bond  of,  to  approve  1644. 
Claim  of,  not  to  allow,  when  3740. 
Or  jailer,  to  report  on  prisoners  7608,  7620. 
Special  meetings,  notice  business  restricted 

1504. 

State  exhibits,  expenses  to  pay  3930. 
State  militia,  duties  of  as  to  4033. 
State  militia,  may  command,  when  3982, 

4058. 
State   orphans'  home,    superintendent   to 

notify  of  age  4094. 

State  orphans'  home,  to  send  to  and  sup- 
port 4099. 
Stationary   engineers,    license,    revocation 


Suit   to   institute   to   prevent  pollution  of 

streams,  when  4716. 
Supplies  to  purchase  3480. 
Surplus  money,  transfer  of  1540. 
Suspend   revenue    officer,   when,    appoint 

successor  3753. 

Taxes,  assessment  of  transient  stock  3853- 
3859. 

Books  for  assessment,  to  furnish  3623. 

Delinquent,  duties  concerning  3862,  3863. 

Fix  rate  and  make  levy  3618,  3762-3765, 
3818,  3826-3833,  3837. 

Levy  1508,  3618,  3762,  3763,  3818,  3826- 
3828,  3837. 

Levy,  emergency  3832. 

Levy,  floating  debt  3833. 

Levy  for  expenses,  pollution  of  water,  suit 
4716,  4717. 

Levy  for  sheep  inspection  fund  4589,  4590. 

Levy,  may  raise  or  reduce  3818. 

Levy,  school  3378. 

Suits,  costs  and  fees  in  to  pay  3673. 
Telephone  lines,  may  construct  or  purchase 

4633,  4634. 
Terms  of  office  1501,  1502. 


County  commissioners— continued. 
Testimony  (criminal)  to   take,    procedure 

7365-7384. 

Tie  vote,  effect  1529. 
To  act  in  regard  to  apprentices  490. 
To  appoint  successor  to  officer  removed  for 

malfeasance  2853. 
To  bring  action  for  abatement  of  nuisance 

1562. 
To  have  notice  of  proceeding  before  justice 

of  the  peace  to  set  aside  covenants  of 

apprenticeship  493. 
To  order  abatement  of  nuisance  in  county, 

and  institution  of  suit  1562. 
Toll-road  franchise,  violation  of,  duty  as  to 

3759. 

Toll  roads  to  forfeit  franchise  3757,  3759. 
Town   government,  powers  in  relation  to 

842-990.     See  Towns. 
Townships,  creation  and  division  1508. 
Transient  stock,  duties  as  to,  taxes  on,  suit 

for  3853,  3855,  3859. 
Transfer  of  county  funds  1540,  1700. 
Transmission  to,  of  copy  of  judgment  re- 
moving officer  for  malfeasance  2853. 
Treasurer,  action  against,  may  direct  3650. 

Annual  settlement  with  1686. 

Bond  of,  to  approve  1675. 

Delinquent,  may  remove  1685. 

Money  and  books  of,  to  examine  1680. 

To  allow  certain  compensation  to  3671. 

To  report  to,  quarterly  3746. 
Trial  jury  panel  to  draw,  when  4930. 
Under   presentment,    may   be    suspended 

from  office  by  district  judge  3753. 
Vacancies,  how  filled  1501,  1502. 
Vacancy,  office  of  assessor,  to  fill  1572. 
Vacancies,  to  declare  and  fill  1518,  1607, 

2802-2805,  2813,  2853,  2874,  2882. 
Vermin  inspectors,  to  appoint  454. 
Veterinarian,  services  of,  may  require 4379. 
Voting  for  excess  taxes,  action  for  removal 

3828. 
Voting  population  over  four  thousand,  five 

commissioners  2765. 
Water  districts,  to  define  boundaries,  when 

4725. 
Waters,  public,  suits  for  pollution,  tax  for 

costs  4716,  4717. 
WThen  to  pay  fees  and  costs  from  sale  of 

property  bid  in  by  county  treasurer  in 

action  for  delinquent  taxes  3673. 
County  funds,  assigned  to  payment  of  claim, 

if  not  collected  within  two  years  payable 

on  other  claims,  new  demand  and  real- 
lowance necessary  or  claim  barred  1536. 
Not  to  be  used  for  sectarian  purposes  362. 
County   government.     See    also   the  several 

county    and    township    officers     under 

respective  titles. 
Action  against  county  1523. 
Actions  against   counties,  where   brought 

5013. 

Actions,  bonds  not  required  in  5847. 
Actions  by  or  against  county,  how  brought, 

control  of  1508(12),  1513. 
Accounts  of  officers,  examination  of  2855- 

2860. 

Advertising,  official  2867. 
Annual  report  of  revenues  3835. 


County  government 


INDEX 


2354 


County  government — continued. 

Appraisement  of  property  for  county  use 

1508(9). 

Auditor,  audit  all  claims  1509. 
Bank,  county  money  may  be  deposited  in 
1687. 

May  act  as  fiscal  agent  of  1119. 
Board    of   examiners,  duties,    neglect    of, 

penalty  1550,  1551. 

Members  of  1549. 
Bonds,  for  public  buildings  1553,  1554. 

Not  required  in  actions  5487. 

Of  officers,  additional  may  be  required 
1616,  2873-2874,  3705. 

Of  treasurer,  premium  paid  by  2889. 
Books  of  revenue  officers,  open  to  inspec- 
tion 3752. 

Boundary  map,  where  kept  4355. 
Boundary  lines  run,  when  4349. 
Branch  jail  7614. 
Buildings,    public,    build    and    purchase, 

bonds  and  tax  for  1552-1554. 
Bureau  of  industry,  agriculture  and  irriga- 
tion, contributions  to  4490. 
Certificate  of  indebtedness,  how  paid  1563. 
Certificates  of  indebtedness,  paid  in  order 

1582. 
Claims  against  county,  what  to  show  1509. 

Allowed,  publication  of  1541,  1542. 

Approved,  unpaid,  barred  when,  reallow- 
ance 1536. 

Audited  in  part  1510. 

Auditor    not    to    draw    warrant   unless 
money  in  treasury  to  pay  1510. 

Auditor  refusing  to  audit,  procedure  1510. 

Certificate  of  auditor  1535. 

District  attorney,  duty  concerning  1519, 
1520. 

Duplicate  certificate  of  auditor,  fees  for 
1535. 

Indebtedness  of  claimant  deducted  1512. 

Must  be  verified  1535. 

No  charge  for  verification  1613. 

Oath  to,  clerk  administer  without  charge 
1613. 

Objected  to,  procedure  1521. 

Publication  of ,  allowed  1541. 

Rejected,  when,  bar  1510,  1526. 

Sheriff  or  constable  for  transporting  pris- 
oners 1544,  1545. 

Suit  on,  limitation,  costs  1523. 

To  be  sworn  to  1535. 

Unaudited,  wrhen  presented  1524,  1525. 

Unpaid,  reallowance  1536. 

Veto  by  auditor  1510. 

When  not  to  be  allowed  1512. 
Condemnation  of  property  5606-5629. 
Consolidation  of  officers,  legislature    may 

make  290. 

Contingent  fund,  inviolate  1558,  1559. 
Contracts,  commissioners  only  may  make 

1539. 
Contracts     for     public    buildings,    lowest 

bidder  1508(11). 
Convicts,  expense  of  transportation,  when 

county  charge  7591. 

Corporation  may  act  as  fiscal  agent  of  1119. 
Corporations,  counties  not  to  aid  347. 
Costs,  change  of  venue  7466,  7477. 
Court  held  at  county-seat  4841. 
Court  house,  provision  for  1508(11). 


County  government— continued. 
Credit,  not  to  loan,  except  for  railroads  347. 
Debts  not  to  be  assumed  by  state  351. 
Debts  not  to  be  contracted,  when  1516. 
Demands  against  county,  form  of  1509. 
Election  expenses  1802. 
Election  of   officers,  legislature  to  provide 

for  290. 

Emergency  loan  3831. 
Emergency  tax  3831. 
Exhibits,  county  may  aid  3935-3937,  3940. 
Expenses,  budget  to  be  made  3826,  3829. 
Expense,  transporting  prisoners,  claim  for 

1544,  1545. 

Fish  and  game,  powers  concerning  2110. 
Fiscal  agent,  bank  or  corporation  may  be 

1119. 

Floating  debt  tax  3833. 
Franchises,  percentage  payable  to  1261. 
Funds,  apportionment  to  1555-1557. 

Contingent,  restrictions  1558,  1559. 

How  kept  3747. 

Misappropriation  of,  penalty  3751. 

Not  to  be  used  for  sectarian  purposes  362. 

Surplus  to  transfer  1540. 
Highways  3004-3062. 
Horticultural  districts  449. 
Indebtedness     of     county,    state     not    to 

assume  351. 

Indigents,  must  provide  for  367,  2915,  2925. 
Interest  on  warrant,  when  allowed  1681. 
Jails,  provisions    for     1508(11),  7003,  7014. 
See  State  Prison  and  Jails. 

City  may  use  794(77). 

Jury,  expense  of,  charge  against  7204,  7205. 
Juvenile  courts  in  728,  764. 
Legislature    may  increase,  diminish,  con- 
solidate or  abolish  officers  290. 
Legislature,  powers  over  county  officer?  290. 
Legislature  to  establish  uniform  283 
Licenses.     See  Revenue. 
License  taxes  go  into  treasury  3743. 
Military   property,  counties    charged    with 

4045.' 
Neglect  of  duty  by  revenue  officers,  penalty 

3751,3753. 

New  townships  created  2785. 
Noxious  animals,  bounties  for  722-727. 
Officer,  claim  of  when   not  to  be   allowed 

1512. 
Officers,  ex  officio  city  officers  890. 

Legislature  may  increase,  diminish,  con- 
solidate or  abolish  290. 

Legislature  may  regulate  fees  and  com- 
pensation 278. 

Legislature  not  to  pass  special  law  regu- 
lating elections  278. 

Office  hours  1564,  1565. 

To  hold  office  at  county-seat  375. 
Orphans,    expense    county    charge,  when 

4093. 
Pauper,  penalty  for  bringing  into  or  leaving 

in  2925. 

Poll  taxes  for  road  district  funds  256,  3841. 
Poll-tax  receipts  furnished  3841. 
Poor,  must  provide  for  367,  2915-2925. 
Presenting    fraudulent  claim   for  audit  or 

payment,  penalty  6715. 
Prisoners,  earnings  of  7609. 
Prisoners,  removal,  expense  7613. 
Public  buildings,  provisions  for   1508(11). 


2355 


INDEX 


County  recorder 


County  government — continued. 

Public  highways  3004-3062.  See  Public 
Highways. 

Publication  of  allowed  claims  1541, 154 1' . 

Publication  of  claims  allowed  1541. 

Railroads  to  file  articles  in  each  county  3574. 

Records,  index  of,  provisions  for  1560, 1561. 

Redemption  fund  3764. 

Revenue  act,  violation  3830,  3834. 

Revenue,  annual  reports  of  3835. 

Revenue,  how  apportioned  1555-1557. 

Revenue  officers,  examination  of  accounts 
of  2855-2860. 

Revenue  officers,  supplies  furnished  to  3682, 
'3683,  3710,  4177. 

Road  district,  funds,  poll  taxes  for  3841. 

Road  supervisor,  counties  with  over  1,800 
votes  3037-3040. 

Road  supervisor,  counties  with  over  3,000 
votes  3041-3044. 

Road  work  by  convicts,  part  expense  to  pay, 
skilled  labor  to  employ,  bridges  and  struc- 
tures to  build  7601. 

Roads  3004-3062,  7601. 

Sale  of  county  property  15()S(  10). 

Sale  of  property,  proceeds  how  applied  3767. 

School  funds  not  transferable  1540. 

Script,  tax  to  cover  38:5:;. 

Seal  of  county  1527. 

Sectarian  purposes,  funds  not  to  be  used 
for  362. 

Settlements  by  revenue  officers  3/54. 

State  to  allow  part  compensation  revenue 
officers  1701,  37  M». 

Stockholder  in  corporation ,  joint-stock  com- 
pany or  associations  forbidden  347. 

Suits  against  county  1523. 

Supplies  for  revenue  officers  3682,  3683, 
3710,  4177. 

Tax  levy  150s. 

Tax  rate  3S26,  3S37. 

Toll-road  receipts,  proportion  paid  to  county 
3056. 

Treasurer,  bond  of,  premium  paid  by  2889. 

Transfer  of  county  funds  1540,  1700. 

Transfer  of  funds'  1582. 

Transient  stock,  taxes  3850. 

Warrants  of  indebtedness,  how  paid  1563. 

Warrants  of  indebtedness  paid  in  order  1582. 
County  high  school,  how  established  3413- 

3415.     See  Public  Schools. 
County  normal  training  school  3425-3430.    See 

Public  Schools. 
County  office,   time    for   beginning  election 

contest  4973. 
County  officers.     See  Officers  Generally. 

Commissioners  may  declare  office  vacant, 
when  2802. 

Leave  of  absence  1566-1568. 

Legislature  may  regulate  fees  and  com- 
pensation (Nev.  Const,  art.  iv,  sec.  20)278. 

Local  or  special  law  for  regulating  election 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

May  be  removed  for  malfeasance  2851,  2852. 
County  platform,  how  and  by  whom  formu- 
lated 1759.     See  Elections. 
County  recorder.     See  Officers  Generally. 

Absence,  leave  of  1566-1568. 

Action  against,  for  entering  satisfaction  of 
mortgage  without  affidavit  that  taxes  are 
paid  3755. 


County  recorder — continued. 
Acknowledgments,  may  take,  fees  for  1629. 
Apprenticeship,  contracts  of  to  record  489. 
Appropriates'  rights,  to  receive  and  record 

4689. 
Artesian  wells,  statement  of  filed  with  703, 

708. 
Assessment  and  taxation,  duties  and  fees. 

See  Revenue. 
Bond  and  oath  2786. 
Bond,  county  clerk  ex  officio,  where  filed 

2887. 

Ballots,  when  custodian  of  1795. 
Bond,  district  judge  to  approve  1628. 
Bond  of  commissioner,  to  fix  1628. 
Bonding  companies,  copy  of,  charter  file 

with  1247. 
Book  "records  of   chattel    mortgages,"  to 

keep  10SO. 
Brands,  similar,  recording  of,  penalty  2246, 

2248. 

Certificates,  to  receive  and  record  4689. 
Chattel  mortgages,  records,  fees  for  1080. 
Conversion,  recorded,  when  entitled  to  be 

L085. 

Conversion,  records  of  impart  notice  1093. 
Corporations,  foreign,  to  file  articles  with 

3631. 
County  attached  or  divided,  records,  how 

kept  1633. 
Deputy,  may  appoint  1630,  2848. 

Powers  of  1631. 

Salary  in  certain  counties  1693-1695. 
Ditch  claim  to  record  4712. 
Documents  filed  to  be  numbered  163-7. 
Election  2765,  2773,  27S1. 
Estrays,  book  and  record  of  2275,  2282. 
Ex  officio  auditor  2765. 
Ex  officio  district  mining  recorder  at  county- 
seat  2463.     See  Mines  and  Mining. 
Fee  book,  inspection  of  1637. 
Fee  book,  to  keep  2020. 
Fees  of  1080,  1996,  2008. 
Fees,  certifying,  prepared  copy  2045. 

Counties  800  or  less  1996. 

Counties  more  than  880  2008,  2019. 

General  provisions  concerning  1696-1700. 

Marriage  license,  to  receive  2341-2345. 

Monthly  statement  to  commissioners  2021. 

Payable  in  advance  1632,  2027. 

Proof  of  labor  on  mining  claims  2046. 

Table  of,  to  post,  penalty  for  failure  2025. 

To  charge  2219,  2234. 

To  receive  for  recording  water  certificate 
4689. 

Under  estray  act  2282. 

Unlawfully  taking,  penalty  2024. 
Foreign  corporations,  copy  of   charter  to 

file  with  1346. 

Franchises,  acceptance  filed  with  2139. 
Franchises,  applicant  for,  to  file  agreement 

with  2135. 

Leave  of  absence  1566-1568. 
Liens,  book  of,  to  keep  2219. 
Marks  and  brands,  record  of  2234-2236,  2244, 

2248. 

Marriages,  to  record  2344-2346. 
May  certify  to  certificate  of  incorporation 

of  foreign  corporation  1340. 
Mining  companies,  annual   statements,  to 

file  with  1330-1340. 


County  recorder 


INDEX 


2356 


County  recorder— continued. 

Mining  grubstake,  contracts  to  record  2475. 

Mining,  mill,  tunnel  locations,  annual  labor 
to  record  2424,2431,2435,2438,2442,2446, 
2448,  2451,  2463,  2469-2473. 

Mining  records  impart  notice,  evidence 
1635,  1636. 

Mortgages  and  liens,  to  discharge,  how 
1049-1051. 

Mortgages,  duties  as  to  3789. 

Report  to  board  of  equalization  3638. 
Satisfaction  of,  oath  to  administer  3755. 

Neglect,  may  be  sued  for,  penalty  2236. 

Newspapers,  purchase  and  preserve,  com- 
pensation for,  penalties  1639-1642. 

Notary  public,  records  of  2757. 

Oath  of  office  1628. 

Office  and  office  hours  1564. 

Office  hours  1564,  1565. 

Permanent  limitation  of  taxation  for  county 
purposes,  what  3826. 

Physicians,  certificates  of  to  record  2369. 

Property  sold  to  county,  record  of  3669. 

Receiving  book,  entries  in  1637. 

Records,  altering  or  stealing,  penalty  2817. 

Records,  transfer  of  1634. 

Resignation  and  vacancies  2787,  2801,  2813. 

Separate  property  of  wife,  inventory  to 
keep  2157,  2159. 

Term,  expiration  of,  refusal  to  surrender 
records  2819. 

Term,  when  begins  2786. 

To  certify  copy  of  mortgage  deed,  assign- 
ment on  or  payment  as  evidence  3789. 

To  file  duplicate  of  sale  under  execution 
5298. 

To  file  notice  of  pendency  of  action  to  de- 
mine  adverse  claim  to  real  property  5522. 

To  note  on  mortgages  all  assignments  and 
payments  3789. 

To  record  order  making  sole  trader  2191. 

To  record  order  of  adoption  of  child  5832. 

To  record  plat  of  survey  of  public  lands  as 
basis  for  possessory  action  5851. 

To  record  without  charge  deeds  for  prop- 
erty bid  in  by  county  treasurer  on  sale 
for  delinquent  taxes  3669. 
County  records,  impart  notice  1093. 

Reference  may  be  made  to  on  motion  for 

new  trial  5321. 

County-seat,  district  court  to  be  held  at  (Nev. 
Const,  art.  vi,  sec.  7)  322. 

Officers,   county,  to  hold  their  offices    at 

(Nev.  Const,  art.  xv,  sec.  7)  375. 
County  superintendent  of  public  instruction, 

office  abolished  3245. 
County  surveyor.     See  Officers  Generally. 

Bond  and  oath  1665,  2786. 

Book  of  surveys  1671. 

Certificate  of  as  evidence  1667. 

Charcoal  bins,  to  estimate  4825. 

Deputies,  appointment,  qualifications  1666. 

Duties  of  1670,  4826. 

Election  of  1664,  2765,  2773,  2781. 

Fees  1674,  2017. 

Fees,  statement,  monthly,  to  make  2021. 

Field  notes,  to  preserve  1671. 

Interested  party,  other  surveyor  1668. 

Neglect  of  duty,  penalty  1673". 

Office  at  county-seat  1664. 


County  surveyor— continued. 
Office  created  1664. 
Records  and  documents,  altering  or  stealing 

2817. 

Record  of  surveys  1671. 
Reports  from  surveyor-general,  to    obtain 

quarterly  4352. 
Road  work  by  convicts,  may  recommend 

7601. 

Salt  lands  to  survey  2448,  2454,  2455. 
Successor,  books  and  records,  to  surrender 

to  1671. 
Surveyor-general,   letter  of  instruction  to 

4352. 
Surveyor-general,  to  send  circular  letter  to 

4352. 

Surveys,  how  expressed  1672. 
Term  of  office  1664,  2786,  2819. 
Vacancy  1518,  1669,  2803. 
County  treasurer.     See  Officers  Generally. 
Absence,  leave  of  1566-1568. 
Action  against  district  attorney  for  failure 

to  pay  over  moneys  1601. 
Accounts,  how  to  be  kept  1679. 
Advertise  sale  of  delinquent  property  3651, 

3865. 

Annual  reports  3835. 
Annual  settlement  1686. 
Baggage  sales,  proceeds  paid  to  2152. 
Ballots,  custodian,  when  1795. 
Bank,  may  deposit  money  in  1687. 
Board  of  examiners,  to  assist  1550. 
Bond,  by  surety  company,  county  to  pay 
premium  2889. 

Liability  on  3672. 

Liability  on,  town  funds  952. 

Of  approval  1675,  2786. 
Bondsmen  may  permit  deposit  in  bank  1687. 
Bondsmen  released,  when  1688. 
Books,  how  to  show  accounts,  1679. 

Subject  to  inspection  1680,  3752. 
Certificates  or  warrants  of  indebtedness  paid 

in  order  1563. 
Compensation,  state  to  allow  part  1701, 3671, 

3675. 

Coroner,  deliver  property  to,  when  7553. 
County  money,  to  apportion  1557. 
Custodian  of  property,  sale  of  7553,  7554. 
Deed,  property  sold  for  taxes  3653. 
Delinquent  taxes,  adjustment  of  accounts 

with  auditor  3862,  3863. 
Delinquent  tax  sale  3865. 
Deputies,  may  appoint  1677,  2848. 
District  attorney,  action  against  1601. 

Compel  accounting  from  1600,  1601. 

To  account  to  1600. 

District  court  clerks  to  pay  money  to  2033. 
Duties  of  and  liabilities  889,  1676. 
Duties,  neglect  of,  penalty  3751,  3753. 
Duties  of  other  office,  not  to  perform  3751. 
Duty  to  attend  delinquent  tax  sale  3667. 
Election  of  2765,  2773,  2781. 
Escheats  to  pay  to  state  treasurer  1619. 
Ex  officio  tax  receiver,  duties  3643,  3648, 

3796. 

Failure  to  settle  with  auditor,  penalty  3650. 
Fees  of  officers  kept  in  salary  fund  1700. 
Fines  and  forfeitures  under  marriage  act, 

action  for,  2352. 
Fines,  justice's  court  paid  to  7508,  7509. 


2357 


INDEX 


Court 


County  treasurer— continued . 
Funds,  duty  to  apportion  1557. 

How  kept  by  3747. 

Improper  use  of,  penalty  3751. 
How  to  pay  fee  received  from  occupant  of 

public  land  for  absence  under  act  relating 

to  possessory  actions  5853. 
Indebtedness,  certificate  of  payment  1563. 
Interest  on  warrants,  when  1681. 
Leave  of  absence  1566-1568. 
May  be  ordered  by  county  commissioners 

t<>    sell  property  to   which  he  has  deed 

under  sale  for  delinquent  taxes  3767. 
May  be  removed  by  county  commissioners 

when  action  commenced  on  his  bond  1685. 
May  make  deed  for  real    estate  sold   by 

predecessor  1662,  1663. 
May  sell  unclaimed  stolen  property  7449. 
Misappropriating   funds   or   securities,    or 

other  malfeasance  or  misfeasance  in  office 

6660. 

Money  deposited  in  bank,  when  1687. 
Money  from  escheated  estates,  to  pay  state 

treasurer  1625. 
Moneys  paid  to  879. 
Moneys,  school,  semiannual    payments   to 

Moneys,  to  exhibit  to  commissioners  1680. 

Moneys,  to  receive  and  pay,  how  1676. 

Oath  of  office  1675,  2786. 

Office,  location  and  hours  1564,  1565,  1678. 

Officers  to  account  to,  for  fees  1696-1700. 

Orders  not  paid  for  want  of  funds,  interest 
on  1681. 

Orders  or  warrants,  payment  of,  how  en- 
dorsed 1681. 

Property  not  assessed,  duty  as  to  3625. 

Records  and  documents,  altering  or  steal- 
ing 2817. 

Redeemed  orders  or  warrants  deposited 
with  auditor  1684. 

Redemption  of  warrants  1682,  1683. 

Removal  of  1685. 

Resignation  and  vacancy  2797-2799,  2801- 
2806,  2813. 

Salary  of  officers,  to  pay  fees  to  1696. 

Salary,  state  to  allow  for  part  1701,  3749, 
3671,  3765. 

Sale  for  delinquent  taxes  3651,  3653. 

School  funds,  duties  as  to.  See  Public 
Schools. 

Semiannual  settlement  with  controller  3748. 

Settlements  as  to  revenue  1701,  3748,  3754. 

Settlements  with  1701,  3748. 

Settlements  with  commissioners  1686. 

Settlements  with  controller,  and  treasurer 
3748. 

Settlements  with,  state  expenses  for  col- 
lecting revenue  3749. 

Sheep  commission,  to  notify  4590. 

Sheep  inspection  fund,  duty  concerning 
4590. 

State  treasurer,  settlements  with  1701. 

Statement,  quarterly ,  to  commissioners3746. 

Successor,  surrender  office  to  1686. 

Tax  levy,  copy  to  file  3763. 

Taxation  and  tax  money,  duties.  See  Rev- 
enue. 

Taxes,  warrants  unredeemed,  receivable 
for  1683. 


County  treasurer — continued. 
Term,  expiration  of,  refusal  to   surrender 

records  2819. 
Term,  when  begins  2786. 
To  bid  in  property  on  sale  for  delinquent 
taxes  if  no  other  bidder,  on  order  of  com- 
missioners to  execute  deed  to  purchaser 
3667. 
To    sell    property    for    delinquent    taxes 

amounting  to  less  than  $300  3651. 
Toll-road    owners,    to  pay  percentage  to, 

reports  to  controller  3055. 
Town  government,  duties  878-890,  910-912, 

897,  898,  990. 
Trustee  of  property  purchased  at  tax  sale 

3667-3672. 

Warrants  not  paid  for  want  of  funds,  inter- 
est 1681. 

Warrants,  order  of  payment  1582. 
Warrants,     transferred    unlawfully,     may 

refuse  to  redeem  2845. 

When  may  pay  to  person  entitled  money 
of  deceased  person  received  from  coroner 
7555. 

When  may  sell  property  and  place  money 
of  deceased  person  in  county  treasury  7553 . 
When  to  bring  action  against  district  attor- 
ney for  failure  to  account  1601. 
When  to  pay  costs  incurred  in  delinquent 
tax  sale  from  rental  or  sale  of  property 
3671. 
When  to  receive  surplus  on  sale  of  animals 

on  lien  for  charges  5500. 
County  treasury,  local  or  special  law  refund- 
ing money  paid  into,  invalid  (Nev.  Const, 
art.  iv.  sec.  20)  278. 

County  uses,  eminent  domain  may  be  exer- 
cised for  5606. 

County  work  house,  may  be  established  2924. 
Court.     See  Constitution. 
Boisterous  conduct  toward  is  contempt  5394. 
District,  jurisdiction  of  (Nev.  Const,  art.  vi, 

sec.  6)  321. 

May  issue  writs  of  mandamus,  injunction, 
quo  warranto,  certiorari,  habeas  corpus 
and  other  writs  (Nev.  Const,  art.  vi,  sec. 
6)  321. 

Times  of  holding  to  be  as  fixed  by  law  and 
to  be  at   county-seat,  but   legislature 
may  divide  county  into  two  or  more 
districts  and  designate  place  of  holding 
court  (Nev.  Const,  art.  vi,  sec.  7)  322. 
Held  in  another  place,  appearance  of  per- 
sons required  4874. 

Inferior,  in  cases  appealed  from,  district 
court  has  final  appellate  jurisdiction  (Nev. 
Const,  art.  vi,  sec.  6)  321. 
Justice's,  change  of  place  of  trial  in  civil 

action  5717. 

Has  such  criminal  jurisdiction  as  may  be 
prescribed  by  law  (Nev.  Const,  art.  vi, 
sec.  8)  323. 
Jurisdiction  of  (Nev.  Const,  art.  vi,  sec.  8) 

323. 

Legislature  may  prescribe  regarding  ap- 
peals from  (Nev.  Const,  art.  vi,  sec.  8) 
323. 

Place  of  trial  of  civil  actions  5715. 
When  and  where  held,  always  open,  jur- 
isdiction in  civil  cases  5714. 


Court 


INDEX 


2358 


Court,  justice's— continued. 

When  place  of  trial  in  civil  action  ordered 
changed,  parties  mav  agree  upon  court 
5718. 
May  determine  controversy  without  action 

5252. 

May  determine  value  of  real  property,  judg- 
ment, costs  5377. 
May  fix  amount  of   undertaking   to  stay 

execution  of  judgment  or  order  pending 

appeal  5351. 

May  order  actions  consolidated  5478. 
May  order  deposition  taken  out  of  state  5459. 
May  order  execution  in  officer's  own  name 

for  unpaid  fees  2027. 

May  order  property  attached  to  be  sold  5158. 
May  provide  how  cases  shall  be  entered  on 

calendar  5200. 

May  shorten  time  for  notice  of  motion  5364. 
Municipal,  jurisdiction  of  832-835. 
Of  record,  justices  of  the  peace  not  to  try 

cases  in  conflict  with  jurisdiction  of  (Nev. 

Const,  art.  vi,  sec.  8)  323. 
Or  clerk  to  ask  jury  if  they  have  agreed 

upon  verdict  5218. 
Or  judge  may  order  injunction  5136. 
Or  judge  may  settle  cost  bill  at  chambers 

5387. 
Power   of,  in  proceedings  under   eminent 

domain  5614. 

Sessions  to  be  public,  exception  4862,  4865. 
Supreme,  times  of  holding  to  be  as  fixed 

by  law  and  to  be  at  seat  of  government 

(Nev.  Const,  art.  vi,  sec.  7)  322. 
To  fix  stay  bond  on  appeal  in  certain  cases 

5349. 

To  instruct  jury  to  find  special  verdict  5222. 
When  may  be  held  at  another  place  4973. 
When  may  dispense  with  undertaking  on 

appeal  if  applicant  is  executor,  adminis- 
trator or  trustee  5352. 

When  may  fix  costs  at  discretion  5380,  5381. 
When  may  proceed  upon  in  matter  not 

affected  by  judgment  or  order  appealed 

from  5352. 
Court  fee,  appeal  not  deemed  perfected  until 

paid  2031. 

On  appeal  to  supreme  court  2032. 
Special  to  be  paid  (Nev.  Const.)  331. 
To  be  advanced  to  clerk  by  party  bringing 

action  or  taking  appeal  and  applied  to 

compensation  of  judge  (Nev.  Const,  art. 

vi,  sec.  16)  331. 
To  be  paid  on  appeal  from  justice's  court 

2031. 

Upon  commencement  of  action  or  proceed- 
ing in  district  court  2030. 
Courts  of  justice,  local  or  special  laws  relating 

to  practice,  invalid  278. 

Court  proceedings,  to  be  in  the  English  lan- 
guage, abbreviations  and  numbers  permis- 
ible  4885. 
Court  reporter  4908-4903. 

Appointment  and  qualifications  4908-4909. 

Duties  and  oath  4910,  4911. 

Fees  4913. 

Not  required  to  perform  services  until  fees 

have  been  paid  or  deposited  with  clerk 

4913. 
Transcript  certified  by  as  evidence  4912. 


Court  reporter— continued. 
Pro  tempore  4910. 
Eemoval  4908,  4910. 
Court  rules,  publication  of  4845.    See  District 

Court,  Supreme  Court. 
Court  seal,  how  may  be  affixed  4880. 
Inscription  4876. 
To  what  papers  or  proceedings  to  be  affixed 

4879. 

Courtesy,  no  estate  in  2161. 
Courts.     See  District  Court,  Supreme  Court. 
Inferior,  in  cases  appealed    from   district 
court  has  final  appellate  jurisdiction  321. 
Inferior  to  supreme  court  may  be  estab- 
lished by  Congress  119,  153. 
Judicial  power  of  state  vested  in  supreme 
court,  district  courts,  justices  of  the  peace 
and  municipal  courts  (Nev.  Const,  art.  vi, 
sec.  1)  316. 
Local  or  special  laws  relating  to  practice, 

invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 
Of  inquiry,  military,  how  ordered,  rules  and 

power  4078. 
Of  record,   legislature   to  designate  (Nev. 

Const.)  323,  4861. 

Persons  having  judicial  powers  not  to  exer- 
cise functions  pertaining  to  legislative  or 
executive  departments  (Nev.  Const,  art. 
iii,  sec.  1)  25cS. 
Proceedings  of  in  other  states,  how  certified 

and  proved  5410. 
Rules  of.     See  Civil  Practice. 
Supreme  and  district,  and  such  other  as 
the  legislature  may  designate,  are  courts 
of  record  (Nev.  Const,  art.  vi,  sec.  8)  323. 
To  take  judicial  notice  of  change  in  class 

and  organization  of  cities  775. 
What  business  allowed  to  transact  on  non- 
judicial  days  4870. 
Where  to  be  held  4871. 

Courts  and  court  officers,  schedule  of  acts  and 
of  sections  of  general    act,  statutory    and 
constitutional  cross-references  4828.  " 
Courts-martial.     See  State  Militia. 
Coyote,  bounty  for  718-722. 
Craps,  gambling  game,  penalty  for  conduct- 
ing 6518. 
Credibility  of  witness,  jury  to  be  exclusive 

judges  5420. 

Credit,  on  judgment  to  be  ordered  by  judge 

or  justice  on  release  of  joint  debtor  5848. 

Power  of  cities  or  towns  to  loan  restricted 

(Nev.  Const.)  345. 
State  not   to    loan   to    corporations  (Nev. 

Const.)  346. 

Creditor.     See  Civil  Practice. 
Creditors.     See  Sales  of  Merchandise. 

Sale  of  merchandise  under  bulk  act  3908- 

3912. 

Credits,  how  attached  5153,  5169. 
Court  rules.     See  Civil  Practice. 
District  court  rules,  pp.  1421-1425. 
Supreme  court  rules,  pp.  1425-1431. 
Crime,  against  nature,  penalty  6459. 
Against  nature,  assault  with  intent  to  com- 
mit, penalty  6413. 
Also  contempt  6305. 
Also  under  laws  of  other  states  or  counties 

6304. 
Capital  or  infamous,  when  tried  237. 


2359 


INDEX 


Crimes  and  punishments 


Crime— continued. 

Classified  6266. 

Definition  of  0260. 

Trial,  evidence  7171. 
Crimes,  district  court  has  jurisdiction  when 

not  otherwise  provided   (Nev.  Const,  art. 
•    vl,  sec.  6)  321. 

CRIMES  AND  PUNISHMENTS 

Abandonment  of  wife  or  child  6446. 

Abduction  6419-6421. 

Abortion,  defined  6403,  6405.  6447. 

Accessory  defined  6275,  6276. 

Accessory  to  avoidance  of  writ  of  habeas  cor- 
pus 6264. 

Acknowledgments,  failure  to  keep  record  1099 

Acknowledgments,  false  certificate  6669. 

Act   and  intention  or  criminal  negligence  must 
exist  (5271. 

Adult .-r.v  045S.  6460. 

Adulterated  liquors,  sale  of  3486.  6816. 

Adulterated  milk,  sale  of  6536-6539. 

Adulteration,  foods,  drugs  or  liquors  3486. 

Advertising  for  divorce  business  6462. 

Advertising  on   property  of  another  6753. 

Advertising  to  prevent  conception  6451-6455. 

Advising  snieide  (ttSl-6383. 

Advocating  anarchy  6614,  6617,  6618. 

Affray  defined  (5594. 

Age  of  discretion  G26S,  6269. 

Agent  or  employee,  violation  of  duty  6786. 

Aiding  prisoner  to  escape  6340. 

Altering  or  destroying  evidence  6358. 

American  eagle,  killing  6811. 

Americ.-in   flag,  desecration  6603. 

Anarchy  6013-6618. 

ANIMALS— 
cruelty  to  »;xir>. 

Diseased,  bringing  into  state  2'.K).~. 

Diseased,  exposing  G5:HM;r,:;2.  r,.M5. 

Diseased,  sale  of  2t)(.».">. 

Driving  or  removing  from  range  6642. 

False  certificate  of  registration  6746. 

False  representation  of  breed  6746. 

Killing,    maiming,    disfiguring    or   poisoning 
8753. 

Vic-ions,  allowing  at  large  6591. 

Vicious   or   dangerous   causing   death,    man- 
slaughter 6407. 

Anonymous  letters  or  writing  6438. 
Antedating  location  notice  6675. 
Apiaries,  spreading  disease  among  481 
Appraiser  asking  or  receiving  bribe  6320. 
Apprentice,  runaway,  aiding  or  concealing  495, 

496. 

Aqueducts,  injury  to  6757. 
ARBITRATOR— 

Asking  or  receiving  bribe  6320. 

Influencing  or  attempting  to  influence  unlaw- 
fully 6323. 

Receiving   communication    unlawfully    6324. 

Unlawful  promise  or  agreement  of  6324. 
Armed  association  6604. 
Arms,  concealed,  carrying  6568. 
Arms,  state,  unlawful  use  of  4048. 
Arrest,    refusal    to   make   on    lawful   command 

2*33.  4290,  6361,  6606,  6863,  6956. 
Arrest,  unlawful  6806. 
Arrested  person,  refusing  communication  with 

attorney  or  intimidation  of  6807. 


ARSOX  0624-6631— 

Attempt,  what  is  6631. 

To  defraud  insurer  6626. 

"Set  on  fire"  defined  6628. 
Asking  or   receiving  compensation   or   reward 

for    compounding    or    concealing    crime    or 

impeding  prosecution  thereof  6363. 
Asking     or     receiving     subscriptions     without 

authority  071*. 
ASSAULT  6412— 

And  battery  6414. 

Provoking  or  attempting  to  provoke  6415. 

Where  mayhem  attempted  6418. 

With  deadly  weapon  6413. 

With   intent  to  kill  or  commit  felony  6413. 

With  whip  or  stick  with  intent  to  intimidate 
by  reason  of  possession  of  deadly  weapon 
6411, 

Assayers.   failing  to   identify   bullion  or  amal- 
gam or  keep  record  of  2483-2486.  6763-6764. 
Assemblage  of  anarchists  6615. 
Assembling  to  disturb  peace  6593. 
ASSESSOR— 

Asking  or  receiving  bribe  6320. 

Failure  to  make  returns  of  poll  (axes  3726. 

(Jiving  false  receipt  36S4. 

Making  assessment  contrary  to  state  board 
8809. 

.Misdemeanor  in  oHice  3<M. 

Neglect   of  duty   1574. 

llefusing  inspection  license  and  tax  agent 
4245. 

See  Officer:  1'nhlic  Offim-;  post. 
Assumed     name,     transacting     business     under 

6728-6781. 
ATTEMPTS  G2!)1  — 

At  suicide,  ad  vising  or  encouraging  6381-6383. 

To  intimidate  public  officer  (>-"><'>  1. 

To  provoke  assault  (1415. 

To  suborn    perjury   r,:',r>1. 
Attornev-general.     refusal     to    perform    duties 

4134. 

Auditing,  allowing  or  paying,  false  or  fraudu- 
lent clniins  (5376. 
Automobiles,   running  for  rent  without  license 

3878. 

Automobile,  wrongful  use  of  6707,  67.").';. 
Badge  or  insignia  of  G.  A.  .R.  etc.,  unlawful 

wearing  25(»:5-2r,Or>,  6715-6717. 
Baggage,    wilfully    or    carelessly    breaking    or 

injuring  6755. 

Bailee  of  animal,  vehicle  or  automobile,  wrong- 
ful use  by  6707. 
BANKS— 

Banking  board,  violation  of  act  685. 

Certifying  check  when  no  funds  on  deposit 
647. 

Credit,  circulation  of  false  reports  concern- 
ing 661. 

Defrauding  648. 

Deposits,  receiving  or  assent  to  reception  in 
failing  634.  635,  6724,  6725. 

Examiner,  violation  of  duty  685. 

Embezzlement  of  funds  648. 

False  oaths  or  statements  by  officials  631, 
660. 

False  reports,  circulation  of  as  to  credit  661. 

Funds,  misappropriation  of  648. 

General  penal  provisions  689. 


Crimes  and  punishments 


INDEX 


2360 


Banks — continued. 

Insolvent,   failure   to   prevent   or   receipt   of 
deposits  in  634,  635,  6724,  6725. 

Interest,  paying  excessive  644. 

Loans,  indorsed  by  officials  632. 

Officials  borrowing  without  approval  of  direc- 
tors 633. 

Officials  transacting  business  after  authority 
revoked  655. 

Reports,  failure  to  furnish  637. 

Time  deposits,  paying  more  than  4%  for  644. 

Violation  of  bank  act  645,  689. 
Battery  6414. 

Bees,  spreading  diseases  among  481. 
Bigamy  6456,  6457. 
Birds,  duty  of  officers  to  prosecute  for  killing 

certain  6813. 

Birds,  protected,  unlawful  killing  or  interfer- 
ence with  eggs  6811,  6812. 
BIRTH— 

False  certificate  of  2987. 

Concealing  6450. 

Failure  to  record  2986. 

Failure  to  report  2972. 

Certificate,  altering  of  2972. 
Blacklisting  6780-6782. 
Board  of  examiners  (county),  neglect  of  duty 

1551. 
Board   of   examiners  (state),   neglect  of  duty 

2859. 
Board    of    examiners,    state,    false    testimony 

before  4462. 

Board  of  pardons,  false  oath  before  7627. 
Boat,  definition  6294  (6). 
Boats,  rafts  or  other  water  craft,  injury  to  or 

unlawful  interference  with  6756. 
Boat    or    vessel,    for    passengers,    overloading, 

death  caused  by  6406. 
Bond  defined  6294  (12). 
Bonding  company,  false  affidavit  of  stockholder 

1244. 

Brand,  failure  to  keep  record  of  6641. 
Branding  or  marking  animals  unlawfully  6640. 
Breach  of  peace,  refusal  to  prevent  6606. 
"Break,"  word  defined  6294  (20). 
Bribe,  asking  or  receiving  6312. 
Bribery  defined  6311. 
Bribery  of  officer  6311-6328. 
Bribing   or   attempting   to   bribe   employee   or 

agent  6796. 
Bribing  or  receiving  bribe,  labor  representative 

6794,  6795. 

Bridges,  fast  riding  or  driving  on  6772. 
Bridges,  injury  to  6757. 
Bringing  or  instigating  false  suit  6336. 
"Building"  defined  6294  (18). 
Building,  destruction  by  explosive  6572,  6573. 
Bullion,  purchaser  failing  to  inquire  concern- 
ing or  keep  record  of  2483-2486,  6763,  6764. 
Bunco  steering  6464. 
Bureau    of    industry,    distributing    unreliable 

literature  4494. 
BURGLARY  6634-6636— 

Committing  other  crime  therewith  6636. 

Presumption  of  intent  6635. 

Property  restored  6650,  6651,  7448. 
Burglar  tools,  making  or  having  6637. 
Burial  of  dead,  without  permit  or  certificate 

6549-6553. 

Butter,  imitation,  sale  of  6526,  6528. 
Camp  fire,  failure  to  extinguish  6632. 


Capitol    grounds,    defacement    or    obstruction 

6774. 

Carrying  concealed  weapons  6568. 
Cattle     or     domestic     animals,     wounding     or 

poisoning  6747. 
Cemetery,   constructing  road  or  public  utility 

through  6477. 
Cemeteries,  injury  to  6759. 
Challenging,    or   delivering    challenge   to    fight 

duel  6423,  6426. 

Checks,  drawing  without  deposit  6672. 
Child  or  wife,  abandonment  of  766,  6446. 
Child  or  wife,  failure  to  support  6481-6483. 
Child,  substitution  of  6371. 
CHILDREN— 

Certain     employments     or     exhibitions     of, 
unlawful  6823,  6824. 

Contributory    dependency    and    delinquency 
757-764. 

Foreign  corporations  placing  747. 

Illegitimate,  abandonment  or  neglect  of  766. 

Liability  to  punishment  6268. 

Under    fourteen,    certain    employments    pro- 
hibited 6824. 

Church,  injury  to  property  of  6760,  6761. 
Cigarettes  or  cigarette  papers,  selling  or  giv- 
ing to  minors  3874-3875,  6502. 
Circulating  false  report  as  to  bank  661. 
Cities  and  towns,  sale  of  lots  in,  without  plat 

959. 
Cities  and  towns,  presenting  fraudulent  claim 

to  6715. 

City  council,  malfeasance  in  office  808. 
CITY  OFFICERS— 

Accepting  bribe  812. 

Interested  in  contracts  812. 

Refusing   information   to   revenue   examiner 
983. 

Voting  for  excessive  tax  976. 

Voting  for  unlawful  indebtedness  981. 

See  Officer;  Public  Officer;  post. 
Civil  rights  and  remedies  6297,  6302. 
Classification  of  crimes  6266. 
Coercion,  when  unlawful  6740. 
Collars,  sleeves  and  pulleys,  failure  to  protect 

6797,  6798. 

Combination  to  resist  process  6605. 
Commission,  retention  not  larceny  6652. 
Common-law  crimes  6827. 
Common  law,  to  supplement  statute  6300. 
Communication  with  prisoner  6373. 
Compounding  crimes  6363. 
Concealing  birth  6450. 
Concealing  escaped  prisoner  6343. 
Concealed  weapons,  carrying  6568. 
Conception,    advertisements    designed    to    pre- 
vent 6451-6455. 
Confession,  extortion  of  6807. 
Conspiracy  6377,  6378. 
Conspiracy,   overt   act   not   essential   to  proof 

6378. 

Constable  buying  or  inducing  action  2821,  6367. 
Constable  purchasing  judgment  2821. 
Construction  of  crimes  act  6295,  6301,  6831. 
Construction  camps,  sale  of  liquor  near  6839- 

6841. 
Contagious   diseases,   again   using  clothing   or 

bedding  6533. 

Contagious  diseases,  exposing  person  to  6530. 
Contagious  disease,  violation  of  act  preventing 

spread  of  3003. 


2361 


INDEX 


Crimes  and  punishments 


Contempt,  criminal,  defined  2834,  6368. 
Contempt  proceedings  not  affected  by  act  6299. 
Contempt,      when     punished,      mitigation      of 

offense  for  same  act  6305. 
Continuation   of  former  statutes,   construction 

6301. 
Contracts,    public    officers    interested    in    812, 

1522,  6331. 
Contributory   delinquency  or  dependency   757- 

764. 

Controller,   malfeasance   or  misfeasance  4170. 
Controller,  receipts  from,  false  affidavit  of  loss 
4187. 

See  Officer;  Public  Officer;  post. 
Convict  under  protection  of  law  6278. 
Conviction   and   execution   of  innocent   person 

by  perjury  6352. 

Conviction  of  lesser  degree  or  attempt  6290. 
Conviction  or  acquittal  in  other  county,  state 

or  country  6279-6280. 
CORPORATIONS— 

Failure  (mining)  to  maintain  agent  1218. 
Failure  to  report  to  secretary  of  state  1186. 
False  entry  by  officer  1176,  1235. 
False  statements  relative  to  1174. 
Fraudulent  issuance  of  stock  6722. 
Officer  destroying  records  1177.  1178. 
Officer  keeping  false  records  1177,  1178. 
Officer     receiving     <»r     possessing     property 

unlawfully  1177.  1178. 
Punishment,  when  not  fixed  (Jl'^7. 
Refusing  inspection  or  copy  1176,  1235. 
Stock   subscription,   signing   fictitious   name 
or   name    of   other    without    authority    or 
with    understanding    that    terms    of    sub- 
scription   are    not    to    be    complied    with 
6721. 
Store  or  boarding  house,  compelling  employee 

to  trade  at  6791. 

"Corrupt"  or  "corruptly"  defined  6294  (2). 
Corrupt  influence  of  agent  or  employee  6796. 
Corrupt  practice  at  elections  6802,  6803. 
COUNTERFEIT— 

Money,  advertising  same  6680. 

Money,    having   with    intent    to    pass    6678, 

6679. 
COUNTERFEITING— 

Chapter  concerning  6663-6694. 

Coins  or  paper  money  6667. 

Gold  bars  or  other  articles  6686. 

Having  or  making  die,  plate  or  machine  6681. 

Private  stamps,  labels  or  designs  4619,  6437, 

6689. 

Public  or  corporate  seal  6685. 
COUNTY.    See  Officer;  Public  Officers,  post— 
Clerk,   certificate  of  true  names  of  persons 
transacting  business  under  assumed  name 
filing  and  indexing  6728,  6730. 
COMMISSIONERS — • 

Failing    to    comply    with    act    relative    to 

storage  of  explosives  1947. 
Failure  to  abate  nuisance  1562. 
Failure    to    investigate    licensed    business 

upon  complaint  3868. 
Failure  to  order  examination  of  accounts 

2859. 

Interested  in  contracts  1522. 
Voting  unlawful  indebtedness  3834. 
Voting  on  contract  extending  beyond  term 
1537,  1538. 


County — continued. 

Government,  presenting  fraudulent  claim  to 
8715, 

Officers,  office  hours,  failure  to  keep  1565. 

Officers,  refusing  inspection  to  state  auditor 
4152. 

Recorder,  recording  unlawful  brand  2248. 

Recorder  violating  recorder's  act  1638. 

Surveyor,  neglect  of  duty  1673. 
CRIME— 

Against  nature  6459. 

Against  nature,  assault  with  intent  to  com- 
mit 6413. 

Also  contempt  6305. 

Classified  6266. 

Definition  of  6266. 

Under  laws  of  other  states  or  countries  6304. 
Crimes  and  punishments  act  6266-6835. 
CRIMINAL— 

Anarchy  6613-6618. 

Contempt  2834,  6368. 

Literature,  selling  or  giving  6461. 

Negligence,  when  element  6271. 
Cruelty   to  nnimals  1378-1380,  6815. 
Custodian   suffering  prisoner   to  escape   1657, 

6341. 

Cutting  timber  2114-2116. 
Dams  and  aqueducts,  injury  to  6757. 
Damage,    injury    or    destruction    of    property 

6752-6754. 

Dangerous  exhibitions  6590. 
Dangerous    or    vicious    animal    causing    death 

6407. 

Daytime,  defined  6294  (19). 
DEAD  BODY— 

Attachment  or  detention  of  6476. 

Burial  of,  without  certificate  or  permit  2972, 

<;r,j!>,  <;r,50. 

Burial  or  cremation  of  6474. 

Person  accompanying,  obstructing  or  detain- 
ing 6476. 

Removal  without  authority  2972,  6475. 

Stealing  or  receiving  unlawfully  6475. 

Unlawful  dissection  6473. 

Unlawful  removal  or  interference  with  6814. 
DEADLY  WEAPON— 

Or  instrument,  setting  of  6567. 

Peace  officer,  use  of  by  6439. 

Unlawful  use  or  exhibition  of  6439. 
DEATH— 

Failure  to  record  2986. 

False  certificate  of  2987. 
DEATH  CERTIFICATE— 

Altering  of  2972. 

Carrier  shipping  without  2972. 

False  issuing  2972,  2987,  6551. 

Physician   failing   to   issue   or  issuing  false 

2972,  6551. 
Death  penalty,  for  what  crimes  may  be  imposed 

6352,   6386,   6413,   6422,   6442,   6572,   6573, 

6625,  6818. 

Debtor,  defrauding  creditors  6701,  6702. 
Deeds  or  other  writings  fraudulently  or  mali- 
ciously injuring  or  destroying  6671. 
Defacing  or  destroying  legal  proclamations  or 

notices  6674. 

Defacing  or  obliterating  marks  or  brands  6640. 
Definition  of  attempt  6291. 
Definition  of  crime  6266. 
Definition  of  terms  used  in  crimes  act  6294. 


Crimes  and  punishments 


INDEX 


2362 


Defrauding  hotel,  inn,  restaurant,  boarding  or 

lodging  house  6726. 
Degree  of  guilt,   reasonable  doubt  as  to,   rule 

6277. 

Dental  examiners  act,  violation  of  4439. 
Dentistry,  practicing  without  license  4427. 
DESTRUCTION— 

Alteration  or  concealing  messages,  papers  or 
instruments,  with  intent  to  injure  6712. 

Of  building  by  explosives  6572,  6573. 

Of  property  by  unlawful  assembly  6612. 

Of  public  records  2817,  6344,  6345. 
Dipsomaniac,  sale  of  liquor  to  6523,  6836-6838. 
Discharging  firearms  6569,  6570. 
Disclosing    transactions    of    grand    jury    6374, 

7031. 

Discounting  time  checks  6788-6790. 
Diseased  animal,  exposing  6530-6532. 
Diseased  meats,  poultry  and  fish,  sale  of  2995. 

6535. 

Diseases,   contagious,   exposing  to  6530,  6533. 
Diseases,  spreading  among  bees  481. 
Disf ranch isement   for   dueling   250,    370,    371, 

6423. 

Disorderly  house  6484. 
Dissection,  when  crime  6473. 
DISTRICT  ATTORNEY— 

Misfeasance  or  malfeasance  1606. 

Nuisance,  failure  to  abate  1562. 

Partners  opposing  in  same  action  1611. 

Property  from  person  arrested,  liability  for 
6651. 

Taxes,  failure  to  account  for  3676. 

See  Officer;  Public  Officer;  post. 
District  recorders,  violating  recorder's  act  1638. 
Disturbing  assembly  or  meeting  6607. 
Disturbing  legislature  6333. 
Disturbing  religious  meeting  6478,  6597. 
Disturbing  the  peace  6589,  6592,  6593. 
Disturbance  of  church  or  school  3455,  3456, 

6760,  6761. 

Disturbance  on  street  or  highway  6589. 
Divorce  business,  advertising  for  6462. 
Dog,  malicious  poisoning  of  6775. 
Dog  stealing  6647. 

Dog,  vicious,  unlawful  to  keep  6441. 
Domestic    animals    working    without    consent 

6744. 

Doors  of  public  buildings,  swing  outward  6581. 
Drawing  checks  or  instrument  without  deposit 

or  credit  6672. 

Drawing  jury,  misconduct  of  officer  6325. 
Drawing  or  exhibiting  deadly  weapon  unlaw- 
fully 6439. 
DRUGS— 

Adulteration  of  4511. 

Narcotic,  sale  without  prescription  6543, 6544. 

Negligence  in  compounding  4503. 

Omitting  or  wrong  label  6542,  6543. 

To  produce  miscarriage,  sale  of  6448,  6449. 
Drunkards,  sale  of  liquor  to  6523,  6836-6838. 
Drunkenness  6523. 
Drunkenness  as  mitigation  6282. 
Drunkenness  in  office  2861-2863. 
Dueling  250,  370,  371,  2823,  6422-6426. 
Duel,  seconding  6426. 
Duress,    obtaining   property    or   advantage    by 

6821. 

"Dwelling  house,"  defined  6294  (17). 
Dynamite  machine,  making  or  having  6571. 
Eagle,  American,  killing  6811. 


Editors  and  publishers,  liability  6618. 
Eight-hour    day,    violation    of,    mine    top    men 

1941 ;  public  works  3482,  6778 ;  underground 

mines  6554 ;  smelters  and  mills  6555 ;  open- 
pit  or  cut  mines  6557 ;  plaster  and  cement 

mills  6559. 
ELECTIONS— 

Abstracting  ballot  lawfully  polled  1826. 

Aiding,  advising  or  assisting  fraudulent  vot- 
ing 1827. 

Attempt  to  add  additional  ballot  to  those 
cast  1826. 

Attempting  to  vote  twice  or  more  1827. 

BALLOT— 

Applying  for  at  wrong  precinct  1862. 
Elector  delivering  other  than  one  received 

1862. 

Not  to  be  shown  or  examined  1862. 
Or  stub,  marking  for  identification  1859. 
Paper,    disclosing    design    or    watermark 

1859. 
Paper,     printing,     furnishing,     or    having 

possession  of,  imitation  1859. 
Placing  identifying  mark  on  1862. 
Receiving   by   person   other   than   election 

board  1862. 

Receiving  from  other  than  clerk  of  elec- 
tion 1862. 
Removal  from  election  place  before  closing 

polls  1862. 
Soliciting  elector  to  show  1862. 

Bribe,  giving  or  offering  6319. 

Candidate  offering  appointment  as  induce- 
ment 1829. 

Cards  of  instruction,  defacing  or  tearing 
down  1860. 

CERTIFICATE  OF  NOMINATION — 
False,  filing  of  1859. 
Falsely  making  1859. 

Fraudulently  defacing  or  destroying  1859. 
Suppressing  1859. 

Changing  ballot  after  same  has  been  depos- 
ited 1826. 

Communicating  offer  of  appointment  by  can- 
didate as  inducement  1829. 

Corrupt  practices  at  6803. 

Destroying  or  attempting  to  destroy  poll  list, 
ballots  or  boxes  1826. 

Electors,  corrupting,  intimidating  or  deceiv- 
ing 6802.  6803. 

Elector  refusing  to  answer  lawful  questions 
or  be  sworn  1825. 

False  swearing  before  registry  agent  1719. 

False  swearing  unable  to  mark  ballot  1859. 

Fraudulent  voting  1826. 

Giving  or  offering  bribe  to  officer  or  mem- 
ber of  political  caucus,  convention,  pri- 
mary or  gathering  6319. 

Interfering  with  election  officers  1826. 

Liquor,  selling  or  giving  on  election  day 
1830. 

Officers  failing  or  refusing  to  perform  duty 
1824. 

OFFICER — 

Fraudulently   obtaining  or   attempting   to 

obtain  information  of  ballot  1828. 
Of  attempting  to  influence  votes  2814. 
Opening    folded    ballot    or    attempting    to 

obtain   information   thereof  1828. 
Wilful  neglect  of  duty  1861. 

Person  not  entitled,  attempting  to  vote  1827. 


2363 


INDEX 


Crimes  and  punishments 


Elections — continued. 

Primary,  misconduct  of  officer  in  filing  nomi- 
nation paper  1765. 

Primary,    penal    provisions   of   general    elec- 
tion laws  applicable  to  1765. 
Prompting  voter  upon  examination  for  iden- 
tification 1731. 
1 1- -insuring  illegally  171S. 
Returns,  counterfeiting  or  substituting  false 

for  original  1828. 
School,  violation  of  3294,  3296. 
Secretary  of  state  or  election  officer,  fraudu- 
lent or  corrupt  conduct  or  wilful  neglect 
of  duty  2815. 

Supplies,  removing  or  destroying  1860. 
I'.   S.  senator,  candidate,  paying  or  promis- 
ing money  or  reward  1900. 
Voter,   asking  for  whom  he  intends  voting, 

within  100  feet  of  polls  1862. 
Voting  or  attempting  to  vote  illegally  1718. 

also  index  to  Elections. 

Electric  wires,  public  utility  refusing  to  con- 
nect 0844-6846. 

Emk-ilinintr.   practicing  without  license  4451. 
EMBEZZLEMENT— 
I'.nilee  denned  6653. 
By  bailee  6653. 
By  bank  official  648. 
By  officer,  public  money  6656-6660. 
Chapter  concerning  6653-6062, 
Contractor  failing  to  pay  for  labor  or  mate- 
rial 0055. 
Defined  6653. 
Evidence  of  U053,  6654. 
Of  bank  funds  648,  6648. 
Property  restored  to  owner  6650,  (5651.  74  is. 
Public  money  by  officer  6656-6660. 
Emblems  or  iiisiirnia.  illegal  use  or  wearing  of 

2503-2505,  6715-6717. 
Embracery  6323. 
Employment  agent,  fraud  or  misrepresentation 

by  6785. 
EMPLOYER  OR  EMPLOYEE— 

Agent  or  employee,  violation  of  duty  6786. 
Contractor    failing    to    pay,    when    deemed 

embezzlement  6655. 
Crimes  by  or  against  1941,  3482,  6554,  6555, 

6559,  6778,  6801. 
Demanding  money  of,  when  unlawful  6783- 

6786. 
Employment,    obtaining    by    false    letter   or 

certificate  6787. 

Hospital  fees,  collecting  unlawfully  1943. 
Issuance  of  non-negotiable  paper  for  wages 

1939. 

Preventing  employment  6779. 
Endangering  life  by  refusal  to  labor  6588. 
Endangering  vessel,  train  or  car  by  false  sig- 
nal or  interference  with  signals  6750. 
Engine  or  boiler  liable  to  cause  fire,  operating 

of  6580. 
Engineer    who    cannot    read,    employment    of 

6582. 

"Enter,"  word  includes  what  6294  (21). 
ESCAPE— 

Causing  death  in  attempt  6819. 
Concealing  6343. 
From  custody  6338. 
From  prison  or  jail  6339. 
Permitting  1657. 


Escape — continued. 

Soliciting   or    receiving   bribe   to   permit   or 

assist  6342. 

Evidence,  false,  offering  knowingly  6357. 
Evidence,    wilful    destruction   or   alteration    of 

6358. 

Excavations,  failure  to  protect  3236. 
Exhibitions,  dangerous,  permitting  6590. 
Exhuming  remains  unlawfully  6552,  6553. 
EXPLOSIVES— 

Commissioners  failing  to  comply  with  act 
relative  to  storage  1947. 

Destruction  of  building  by  6572,  6573. 

Endangering  life  or  property  by  6751. 

Keeping  unlawfully  6565. 

Kept  unlawfully,  death  caused  from  1947, 
0409.  6560. 

Selling  or  delivering  for  transportation  with- 
out word  "Explosive"  in  large  letters  6566. 

Violation  of  duty  by  dealer  in  6574,  6575. 
Express  malice,  defined  6385. 
EXTORTION— 

By  offering  to  prevent  publication  of  libel 
6433. 

By  blackmail  6739. 

By  public  officer  6738. 

By  threats  6437-6438. 

Threats  to  induce  6335,  6438,  6639,  6801. 
Failure   to  support    wife  and  child  766,   6481- 

6483. 
FALSE.     Sec  Perjury. 

Account  or  entry  by  officer  005s. 

Certificate  by  officer  6375. 

Certificate  of  birth  or  death  2987. 

Certificate  of  registration  of  animals  6746. 

Entry  in  corporate  records  1176,  1178,  1235. 

Entry  in  public  record  6664. 

Evidence,    knowingly  offering  6357. 

Financial  statements,  publication  of  6720. 

Fire  alarm  6601,  6602. 

Impersonating  of  another  6735. 

Imprisonment,  defined  6440. 

Making  or  issuing  document  purporting  to 
be  that  of  corporation,  state  or  govern- 
ment 6666. 

Oath,  bank  officers  660. 

Or  forged  instrument,  offering  for  filing,  reg- 
ister or  record  6348. 

Or  fraudulent  claim,  auditing,  allowing  or 
paying  6376. 

Or  misleading  statement  by  public  omcer  in 
official  report  6349. 

Or  misleading  statement  or  report  to  public 
officer  6805. 

Permit,  license,  diploma  or  writing,  filing  for 
record  or  conducting  business  under  6719. 

Personating  of  officer  4291,  6734. 

Pretenses,  credit  or  property  obtained  by 
6696,  6704,  7179. 

Pretenses,  obtaining  signature  by  6705,  7179. 

Pretension  of  heirship  6370. 

Representations  affecting  real  property  of 
another  6706. 

Representations  as  to  property  subject  to 
mortgage  or  lien  6691-6700. 

Statements,  designed  to  affect  market  price 
6723. 

Statements,  relative  to  corporations  Ii74. 

Suit,  bringing  or  instigating  6366. 
Felony,  definition  of  6266. 


Crimes  and  punishments 


INDEX 


2364 


Felony,  punishment  when  not  fixed  6283. 
Female,  placing  in  house  of  prostitution  6445. 
Female,  slander  of  6434-6436. 
Fictitious  checks,  notes  or  other  paper,  utter- 
ing or  passing  6665. 
FIRE— 

Alarm,  giving  false  6601,  6602. 

Apparatus,  destruction  or  injury  to  6576. 

Failure  to  extinguish  6632. 

Negligently  setting  or  failing  to  extinguish 
6579,  6632. 

Obstructing  extinguishment  6576. 

Precautions,  failure  to  take  905,  906. 

Setting  negligent  6579,  6632. 
Firearms,  aiming  or  discharging  6569,  6609. 
Firearms,  officers,  duty  of  6570. 
Firearms,  use  of  by  minor  6610. 
Firemen,  obstructing  or  interfering  with  6577. 
First  degree  murder  6386. 
FISH— 

Catching  otherwise   than  by   hook  and   line 
2061. 

Closed  season,   selling  or  possessing  during 
2060. 

Closed  season,  violation  of  2058. 

Excessive  amount  shipping  2064. 

Ladders,  failing  to  provide  2048. 

Ladders,  destruction  or  interference  2049. 

Ladders,  fishing  within  100  feet  of  2049,  2066. 

Limit  of  catch  2065. 

Night  fishing  2068. 

Pollution  of  streams  2047. 

Private  hatchery  act,  violation  of  2084. 

Selling  or  having,  caught  otherwise  than  by 
hook  and  line  2062. 

Transporting  or  offering  for,   for  sale  out- 
side state  2051. 

Undersized,  catching  or  having  2063. 

U.  S.  reclamation  dam  one-mile  limit  2067. 

Warden,  failure  to  aid  on  command  2070. 
Fish   and  game  license,  penalties  2101,  2108, 

2109. 

Flag,  desecration  of  6603. 
FOOD  AND  DRUG  ACT— 

Refusing  information  or  sell  samples  3502. 

Violation  of,  general  provisions  3508. 
FOREIGN  BUILDING  AND  LOAN  ASSO- 
CIATION— 

Agent  doing  business  contrary  to  law  1363. 

Unlicensed,  soliciting  business  for  1358. 
Foreign  conviction  or  acquittal,  defense  6279. 
FOREIGN  CORPORATIONS— 

Doing  business  without  authority  1350. 

Failure  to  file  annual  statement  with  asses- 
sor 1353. 

Failure  to  file  copy  of  charter  with  recorder 

1347. 

Forcible  entry  and  detainer  6743. 
Forcing  woman  to  marry  6444. 
Forest  fire,  setting  6633. 
Forestry,  cutting  timber  2114-2116. 
Forestry,  young  trees,  selling  2118. 
Forfeitures,  certain  abolished  6278. 
FORGERY— 

Chapter  concerning  6663-6694. 

Definition  of  terms  6673. 

False  certificate  of  acknowledgment  6669. 

Signature  of  public  officer  6685. 

Signing   or   indorsing   by    fictitious    or   own 
name  6668. 


Forgery — continued. 

Signing  one's  own  name  with  intent  to  rep- 
resent other  person  of  same  name  6668. 
What  acts  considered  6663-6670. 
Witnesses  and  proof  in  6683,  6684. 
Forged  instruments  or  bills  having  or  receiv- 
ing with  intent  to  utter  or  pass  6682. 
Forging  or  counterfeiting  signature  of  public 

officer  6685. 

Former  jeopardy  6279,  6280. 
Fornication  6458,  6517. 
Fraud  on  owner  by  bailee  of  animal,  vehicle 

or  automobile  6707. 
FRAUDULENT— 
Conveyance  6695. 

Conveyance,   receiving  knowingly  6703. 
Bank  transactions  648. 
Issuance  of  corporate  stock  6722. 
Schemes  or  devices  6463,  6464. 
FRAUDULENTLY— 

Destroying  or  injuring  deeds  or  other  writ- 
ings 6671. 

Or  maliciously  executing  or  filing  for  record 
instrument    affecting    title    of    another    to 
real  property  6706. 
Procuring    filing    of    trademark,    stamp    or 

design  6693. 

Selling  real  estate  twice  6727. 
Furnishing  libelous  information  6432. 
Gambling  6518-6522. 

Game,  transporting  or  receiving  for  2113. 
Game  law,  violation  of  2085,  2097,  2100. 
Gates,  failing  to  close  6769. 
Giving,  offering  or  promising  compensation  or 
reward  for  office  or  employment  or  for  per- 
mission to  exercise  function  of  office  or  to 
receive  emolument  of  1829,  2822,  6317. 
Glove  contest  act,  violation  of  3889. 
Goats,  permitting  to  run  at  large  in  towns  or 

cities  2330. 

Grafting  by  agent  or  employee  6786. 
Grafting,  defined  6330. 
Grand    juror    acting    after    challenge    allowed 

6369. 

Grand  juror,  perjury  by  7033. 
Grand   jury,    disclosing   transactions   of   6374, 

7031. 
GRAND  LARCENY— 

Animal,   stealing,   taking,   carrying,   leading, 

driving  or  enticing  away  6640. 
Assault  with  intent  to  commit  6413. 
By  lodger  6646. 
Defined  6638,  6640. 
Killing  animal  of  another  running  at  large 

6640. 

Marking  or  branding  or  altering  or  defacing 
mark  or  brand  of  animal  of  another  with 
intent  to  steal  or  defraud  6640. 
Purchasing  or  selling  carcass  or  hide  of  ani- 
mal, brand  or  mark,  cut  out  or  obliterated 
6640. 

Realty,  conversion  into  personalty  6643. 
Gross  misdemeanor  defined  6266. 
Gross  misdemeanor,  punishment  when  not  fixed 

6284. 

Guardian  of  female  under  age  of  18  consenting 

or  permitting  in  house  of  prostitution  6445. 

Guideboards    on    highways,    failure    to    erect, 

defacing  or  destroying  3028. 
Habeas   corpus,   disobedience   of   writ   or   pro- 
cess 6263-6265. 


2365 


INDEX 


Crimes  and  punishments 


Habitual  criminals  6292. 
Hatpin,  wearing  dangerous  6829,  6830. 
Health,  public,  crimes  against  6529-6560. 
Health,   quarantine,    failure   to   observe   2999, 

3000. 

Health  officer,  neglect  of  duty  2972. 
Heir,  pretended,  production  of  6370. 
Hide,  failure  to  keep  or  exhibit  6641. 
HIGHWAYS— 

Driving    diseased     or    infected    animal     on 
2266.  2268. 

Driving  or  riding  in  dangerous  manner  on 
6589. 

Guideboards.  defacing  or  destroying  or  not 
erecting  3208. 

Obstructing  of  3009. 

Running  water  upon  3045,  3046,  6757.  6770, 
6771. 

Wilful  and  malicious  injury  to  6752. 
Hoisting  machinery,  operating  without  license 

3904. 
HOMICIDE— 

Burden  of  proof,  justification  or  mitigation 
6399. 

Committed  in  attempt  to  escape  6819. 

Death  within  year  and  a  day  6392. 

KxrnsMblo  by  misadventure  6400. 

Justifiable    defined    6384,    6394-6402.    6859- 
6861. 

When  justifiable  or  excusable  6397. 
HORSES— 

False  certificate  of  sheriff  2294. 

Furnishing  false  pedigree  of  2287. 

Pedigree,  failure  to  keep  posted  2288. 

Receiving    for    transportation    out    of    state 
without  inspection  2289-2291. 

Removing   out   of   state   without    inspection 
2295. 

Shipping    out    of    state    without    inspection 

2290. 

Horse  meat,  sale  of,  when  unlawful  6524,  6525. 
Hospital,  near  school  6534. 
Hotel,  inn,  restaurant  or  boarding  or  lodging 

house,  defrauding  6726. 
Houses  of  ill-fame,  crimes  in  relation  to  3457, 

6445,  6510. 
Houses   of   prostitution,    location    near   school 

3457,  6570. 

Hunting  on  enclosed  ground  6766-6768. 
Illegitimate  child,  abandonment  or  neglect  766. 
Ill-fame,  house  of,  crimes  in  relation  to  3457, 

6445,  6510. 
Imitating  brand  6745. 
Immoral,  show,  act  or  performance  6461. 
Impeachment,  other  laws  applicable  6298. 
Implied  malice  defined  6386. 
Imprisonment    on    two    or    more    convictions 

6303,  7256. 
Impure    water,    furnishing    for    domestic    use 

6540. 

Incest  6468. 

Incestuous  marriage  6458. 
Indecent  exposure  6460. 
Indians  amenable  to  criminal  law  6270. 
Indian,  selling  or  giving  liquor  to  6507-6509. 
"Indictment"  or  "information,"  terms  include 

what  6294  (23). 

Infernal  machine,  making  or  having  6561. 
Injury  to  property  6752-6754. 
Injury  to  public  records  2817,  6344,  6345. 


Injuring  or  tampering  with  property  of  public 

service  companies  6732,  6733,  6735. 
Inn,  keeping  disorderly  6484. 
Innocence  presumed  6277. 
Insane  or  idiots  not  liable  to  punishment  6268. 
Insectivorous  birds,  killing  or  destroying  eggs 

6812. 
Insolvent  banks,  failure  of  officers  to  prevent 

deposit  in  634,  635,  6725. 
Insolvent  banks,  receiving  deposits  in  634,  635, 

6724. 

Instituting  suit  in  name  of  another  6372. 
INSURANCE  COMPANY— 

Doing  business  after  certificate  revoked  1270, 
1274. 

Doing  business  without  license  1280. 

Doing    certain    business    without    authority 
1309. 

Failure  to  file  annual  statement,  doing  busi- 
ness upon  1327,  1328. 

False  affidavit  relative  to  death  or  disability 
deemed  perjury  1317. 

False  statement  to  1317. 

False  statement  to  annual  report  1328. 

Violation  of  act  1283. 

Intent  to  defraud,  proof,  when  sufficient  6306. 
Intent   to  defraud,   averment  and   proof  6294 

(5). 

Intent,  when  element  of  crime  6268. 
Intent,  how  manifested  6272. 
Interference    with    officer    in    performance    of 

duty  6329,  6804,  6828. 
Intimidating  legislator  6333. 
Intimidation  of  arrested  person  6807. 
Intimidation,  when  unlawful  6740. 
Intoxicated  physician  or  surgeon,  death  caused 

by  6410. 

Intoxication  of  railway  employees  3564,  6583. 
Intoxication,  when  mitigation  6282. 
Involuntary  manslaughter  6390. 
Jail  breaking  6339. 

Jail,  communicating  with  prisoners  in  6817. 
Jail,  injury  to  6758. 

Jailer,  failure  to  report  to  commissioners  7607. 
Jailer,  permitting  escape  1657. 
"Judge,"  word  includes  what  6294  (15). 
JUROR— 

Asking  or  receiving  bribe  6320. 

False  claim  of  military  service  to  evade  duty 
4016. 

Failing  to  attend  4934. 

Influencing  or  attempting  to  influence  improp- 
erly 6323. 

Receiving  communication  unlawfully  6324. 

Unlawful  promise  or  agreement  of  6324. 
"Juror,"  word  includes  what  6294  (25). 
JURY— 

Misconduct  of  officer  drawing  6325. 

Officer  in  charge,  misconduct  of  6327. 

Duty,  soliciting  6326. 
JUSTICE  OF  PEACE— 

Buying  or  inducing  action  2821,  6367. 

Neglect    of   duty    relative    to   estrays   2277, 
2279. 

Purchasing  judgment  2821. 

See  Officer;  Public  Officer;  post. 
Justifiable  homicide  6394-6402. 
Kidnaping,  consent  when  defense  6421. 
Kidnaping  defined  6419,  6421. 
"Knowingly"  defined  6294  (4). 


149 


Crimes  and  punishments 


INDEX 


2366 


LABOR— 

Endangering  life  by  refusal  6588. 

Organization,   agreements  to  become  or  not 
to  become  member  6792,  6793. 

Public  works  3482. 

See    Employer    or    Employee;    Eight-Hour 
Day,  supra. 

Representative,    bribing,    or    receiving    bribe 

6794,   6795. 
Laborers,    false    advertising    or    deception    to 

change  from  one  place  to  another  1936. 
Landmarks,  removal  of  6676. 
LARCENY— 

Chapter  concerning  6638-6652. 

By  lodger  6646. 

Grand,  defined  6638. 

Dog  6647. 

From  person  of  another  6822. 

Negotiable  or  other  instruments  6645. 

Part  interest  in  property  no  defense  6652. 

Petit,  defined  6639. 

Property  restored  6650,  6651,  7448. 
Legal    notices    posted,    malicious    removal    or 

injury  of  6752. 
LEGISLATURE— 

Bills    or   laws,    fraudulent    alteration    6346, 
6347. 

Bribery  or  receiving  bribe  6311,  6312. 

Disturbance  of  6333. 

Intimidating  member  6333. 

Witness  refusing  to  attend  or  testify  6334. 
Letters     or     writings,     threatening,     accusing, 

exposing,  anonymous  or  obscene,  sending  or 

delivery  6438. 

Letter  sending  when  complete,  venue  6307. 
Levy,  unlawful  6806. 
Lewdness  6460. 
LIBEL  6428-6433— 

Denial  of,  how  published  6826. 

Threatening  to  publish,  blackmail  6739. 

Who  may  be  liable  for  6430-6433. 
LICENSE— 

Auctioneer  doing  business  without  3895. 

Automobiles  for  rent,  running  without  3878. 

Bogus,  possession  or  delivery  of  3744. 

Doing  business  without  3737,  6808,  6810. 

Failure  to  deliver  on  payment  3744. 

Failure  to  post  6809. 

Forfeited,  failure  of  officers  to  enforce  3871. 

Insurance  company  doing  business  without 
1280. 

Itinerant    peddler    doing    business    without 
3895. 

Peddling  without  3735. 

Required,  acting  without  6808. 

Revoked,  doing  business  after  3870. 

State  liquor,  violation  of  3784. 

Vending  without  3737,  6808,  6810. 
License  and  bullion  tax  agent,  refusing  inspec- 
tion to  4243-4246. 
LIQUOR— 

Adulterated,  sale  of  3486,  6816. 

Sale  of,  near  construction  camp  6839-6841. 

Sale  of,  to  drunkards  or  dipsomaniacs  6836- 
6838. 

Sale  or  disposal  at  religious  or  camp  meet- 
ing 6598. 

Selling  or  giving  away  on  election  day  1830. 

Selling  or  giving  away  to  Indian  6507-6509. 
Livery    men.    fraudulent    use    of    animals    or 

vehicles  of  6707. 


Literature,   obscene  or  criminal,  offenses  con- 
cerning 6461. 

Location   notices,   antedating  6675. 
Lottery  defined,  penalties  for  engaging  in  busi- 
ness concerning  6494-6501. 
Lottery,  property  forfeited  to  state  6500. 
Machinery,  failure  to  protect  6797,  6798. 
Malfeasance  or  misfeasance  of  city  officer  808. 
Malfeasance  or  misfeasance  of  officers  gener- 
ally, see  Officer  and  Public  Officer,  post. 
Malice,  express  and  implied  6385,  6386. 
"Malice"  or  "maliciously"  defined  6294  (3). 
Malice,  when  inferred  6294  (3). 
Malicious  injury  to  private  property  6753. 
Malicious  injury  to  public  or  private  property 

6752. 

Malicious  mischief  6752-6762. 
Malicious  prosecution  6365. 
Maliciously    destroying    or    injuring    deeds    or 

other  writings  6671. 
Maliciously   wounding   or   poisoning   cattle   or 

domestic  animals  6747. 
MANSLAUGHTER— 

Death  caused  by  intoxicated  physician  6410. 

Death  caused  by  overloading  passenger  ves- 
sel 6406. 

Death  caused  by  reckless  or  negligent  opera- 
tion of  steamboat  or  boiler,  causing  death 
6408. 

Death  caused  by  vicious  or  dangerous  ani- 
mal 6407. 

Death  caused  from  unlawful  keeping  of 
explosives  1947,  6409. 

Dueling,  when  deemed  6426. 

Killing  unborn  quick  child  6403. 

To  aid  suicide  6381,  6383. 

Voluntary    and    involuntary    defined    6387- 

6391. 
MARKS  AND  BRANDS— 

Failure  to  keep  or  exhibit  6641. 

Failure  to  keep  record  of  6641. 

Imitating  6745. 

Marking  or  branding  animals  unlawfully  6640. 
MARRIAGE— 

Between  races  6514-6516. 

Between   races,   performing  ceremony  6516. 

Ceremony  by  unauthorized  person  2348. 

Certificate  of,  failure  to  deliver  or  record 
2346. 

False  certificate  of  2347. 

Incestuous  6458. 

Legal  impediment,  when  known  exists  2348. 

Performing  ceremony  without  license  6479, 
6480. 

Produced  by  force  6444. 

Married  woman  under  threats  of  husband  6268. 
Marrying  a  married  person  6457. 
Mayhem,  assault  with  intent  to  commit  6413. 
Mayhem  defined  6416-6418. 
Mayor  or  councilmen.  malfeasance  808. 

See  Officer;  Public  Officer;  post. 
Meat,  selling  without  having  hide  6641. 
Medicine,   issuing  false   certificate  to  practice 

2373. 

Medicine,  practicing  without  license  2371. 
Merchandise,  false  representations  as  to  6709. 
Merchandise  pure  food  act,  violation  of  3486. 
Merchandise,  sale  of  in  violation  of  bulk  act 

3910. 
Milk,  sale  of  .adulterated,  skimmed  or  impure 

6536-6539. 


2367 


INDEX 


Crimes  and  punishments 


Military  property,   refusal  to  return  40.~>i_>. 
Military  tribunal  not  affected  by  act  6299. 
Mills  or  smelters,  hours  of  labor  in  6555,  6556. 
MIXES— 

Excessive  number  on  cages  4235. 

Failure  to  provide  safety  cages  6799. 

Inspector  act,  noncompliance  with  4238. 

Open,  hours  of  labor  in  6557,  6558. 

Owner     refusing     inspection     of     books     to 
license  and  bullion  tax  agent  4246. 

Proceeds  of.  false  oath  concerning  3690. 

Underground,  hours  of  labor  6554,  6556. 

Using  metal  tamping  bar  in  4212. 
Mining  company,  annual  statements  1336-1340. 
Mining  corporations,  failure  to  maintain  agent 

1218. 
Mininir  district  recorder,  violating  duty  2455, 

24»;x.  2474. 
MINOR— 

Allowing  in  pool  or  billiard  rooms  without 
consent  6506. 

Certain     employments     or     exhibitions     of 
unlawful  6823.  GMM. 

Decoying,     enticing     or     inducing    to     visit 
houses  of  prostitution  6445. 

District    judge    to    permit    employment    of 
6824. 

Employing  as   barkeeper  r>.~»06. 

Exhibiting  obscene  literature  to,  or  permit- 
ting to  sell  same  6461. 

Falsely    representing  age   to  procure   liquor 
6506. 

Permitting  in  saloon  or  resort  where  liquors 
a  iv  sold  6842,  6S43. 

Sale  of  tobacco  to  6502. 

Selling    or    giving    cigarettes    or    papers    to 
3874,  3875. 

I  tae  <»f  firearms  by  6610. 

Misbranding  of  foods,  drugs  or  liquors  3486. 
MisrMi-riairc.    si-lling    drugs    to    produce    6448, 

6440. 
Miscarriage,     woman    attempting    to    produce 

8405. 

Misconduct  of  officer  in  charge  of  jury  6327. 
Misdemeanor  defined  6266. 
Misdemeanor,  punishment  when  not  fixed  6285, 

62SG. 

Misdemeanor  to  perform  prohibited  act  6288. 
Misprision  of  treason  6310. 
MORTGAGE— 

Satisfaction  of,  false  affidavit  3755. 

Personal  property,  selling  or  removing  with 

intent  to  defraud  6697,  6700. 
MUNICIPAL— 

Indebtedness,  unlawful  voting  for  981. 

Officers,  refusing  inspection  of  finances  983. 

Tax.  excessive,  voting  for  976. 
MURDER— 

Assault  with  intent  to  commit  6413. 

Death  by  dueling  deemed  6422. 

Defined  6384,  6389. 

Degrees  of  6386. 

Perpetrated  by  arson  6625. 

While  attempting  to  escape  6819. 
Mutual   fire   insurance   company,    violation    of 

act  1295. 
Narcotic    drug,    physician    or    surgeon    under 

influence  of,  causing  death  6410. 
Narcotic    drug,    sale    of    without    prescription 

6543,  6544. 
"Neglect,"  "negligence,"  etc.,  defined  6294  (1). 


Negligence,  criminal,  when  element  6271. 

Negligent  fire  6633. 

Negligent   or  reckless  operation  of  steamboat 

or  boiler,  causing  death  6408. 
Negotiable    or    other    instruments,    larceny    of 

6645. 
Newspapers,     defacing     or     abstracting     from 

recorder's  office  1642. 
-Nighttime,"  defined  6294  (19). 
Notary  public,  wilful  violation  of  duty  2756. 
Nuisance  6546. 

Nuisance,  failure  to  abate  1562. 
Nursery  stock,  transporting  without  certificate 

of  inspection  6776,  6777. 
"Oath"  includes  affirmation  6353. 
Obscene,    indecent    or    immoral    show,    act    or 

performance  G461. 

Obscene  letters  or  writing,  sending  or  deliver- 
ing 6438. 

Obscene   literature,    offenses   concerning   6461. 
Obtaining    license,    diploma,    permit    or    other 

writing  by  false  representation  6719. 
Obtaining  or  seeking  to  obtain  money  or  value 

on  promise  of  influence  of  legislator  6318. 
Offenses  committed   prior  to  act  taking  effect 

6832,  6833. 

Offering  false  evidence  6357. 
Office,  exercising  functions  of  without  author- 
ity 6332. 

Office,  wrongful  exercise  of  6804. 
OFFICER.     See  Public  Officer,  post. 

Asking  or  receiving  bribe  6331. 

Drawing  jury,  misconduct  of  6325. 

Embezzlement  of  money  or  property  6345. 

Exceeding    authority    or    using    unnecessary 
force  in  serving  search  warrant  6742. 

Failing   in   duty   to   pay   over   money   6658, 
0669. 

Failure    to    furnish    report,    statement    or 
information  to  6805. 

Impeachment,  removal  or  suspension,  other 
laws  not  affected  6298. 

In  charge  of  jury,  misconduct  of  6327. 

Interference  with  duty  of  6329,  6804,  6828. 

Justifiable  homicide  by  6396. 

Keeping  false  account  or  making  false  entry 
6658. 

Public,  misconduct  of  6331. 

Refusing   to    aid    on    command    2833,    4290, 
6361,  6606,  6863,  6956. 

Refusing  or  neglecting  to  receive  person  into 
custody  2820,  6360. 

Tampering  with  public  records  6345. 
Officers  of  revenue  selling  or  dealing  in  scrip 

2824,  2825. 
Officer  or  deputy,  agreement  to  divide  salary 

with  principal  6313-6316. 
"Officer"  or  "public  officer,"  terms  include  what 

6294  (24). 
Oleomargarine,   sale  of,  when  unlawful  6526- 

6528. 

Omission,  performance  by  another  6281. 
Open-pit  mines,  hours  of  labor  in  6557,  6558. 
Opium,  leasing  house  or  room  for  resort  6490- 

6492. 

Opium,  selling  or  smoking  6485-6493. 
Optometry,  violation  of  act  concerning  2896. 
Oppression  by  officer  or  one  pretending  to  be 

6806. 

Ores,  false  or  fraudulent  statements  or  trans- 
actions concerning  6710. 


Crimes  and  punishments 


INDEX 


2368 


Ores,  substituting  or  changing  value  of  6710. 
Overloading  passenger  vessel,  death  caused  by 

6406. 

"Owner,"  who  included  in  term  6294  (16). 
Paper  to  circulate  as  money,  issuance  of  6688. 
Parties  to  crimes,  classified  6273. 
Partnership  doing  business  without  filing  cer- 
tificate of  names  6730,  6731. 
Pauper,  bringing  into  state  2928. 
Pauper,  bringing  or  leaving  in  county  2925. 
PAWNBROKER— 

Defined  6471. 

Duties,  violation  of  6465-6471. 

Failure  to  record  transactions  or  report  to 
police  6465-6467. 

Rate  of  interest,  charging  excessive  6470. 

Records  subject  to  inspection  6466. 
Peddling  without  license  3735. 
PERJURY— 

Before  board  of  examiners  4462. 

Before  registry  agent  1719. 

By  bank  officer  660. 

By  grand  juror  7033. 

Chapter  concerning  6350-6356. 

False  affidavit  as  to  taxes  or  satisfaction  of 
mortgage  3755. 

False   affidavit  of  loss  of  receipts   received 
from  controller  4187. 

False   affidavit   to   insurance   company   rela- 
tive to  death  or  disability  1317. 

False  oath  as  to  proceeds  of  mines  3690. 

False  oath  by  official  of  public  utility  4513, 
4543. 

False   oath    or   affirmation   before   board   of 
pardons  7627. 

False  oath  or  list  of  taxable  property  3630. 

False  statement  to  annual  report  of  insur- 
ance company  1328. 

Irregularities  no  defense  6354. 
Permitting  use  of  premises  for  assemblage  of 

anarchists  6616. 
Person   authorized   to  determine  any  question 

or  proceeding  asking  or  receiving  bribe  6320. 
"Person"  defined  6294  (14). 
Persons  liable  to  punishment  6267. 
Persons  not  liable  to  punishment  6268. 
Personating  another  6735. 
Personating  physician  2372. 
"Personal  property"  defined  6294  (11). 
PETIT  LARCENY— 

By  lodger  6646. 

Defined  6639. 

Realty,  conversion  into  personalty  6644. 
Petition   authorized   by   law   signing   name    of 

another  or  of  fictitious  person  6670. 
PHARMACY— 

Adulteration  of  drugs  4511. 

Compounding  drugs  without  license  4513. 

Drugs,  negligence  in  compounding  4503. 

Narcotics,    sale    without   prescription    6543, 
6544. 

Poisons,  retailing  without  label  4512. 

Practicing  without  license  4509. 

Presenting  fraudulent  diploma  of  4500. 
PHYSICIAN— 

Failing  to  issue  death  certificate  2972. 
False  impersonation  of  2372. 
Giving  or  prescribing  narcotic  6544. 
Intoxicated,  causing  death  6410. 
Issuing  false  death  certificate  2972,  6551. 
Placing  female  in  house  of  prostitution  6445. 


Plaster    or    cement    mills,    hours    of    labor    in 

6559,  6560. 
Plume  birds,  unlawful  to  kill  or  destroy  eggs 

6812. 

Poison,  administering  with  intent  to  kill  6404. 
Poisoning  dog  6775. 

Poisoning  food,  water  or  medicine  6541. 
Poll  tax,  issuing  fraudulent  receipt  for  3714- 

3717. 
Posting    bills    or    advertisements    unlawfully 

6754. 

Posse  comitatus,  refusal  to  join  6606. 
Possessing  or  receiving  counterfeit  gold  bars  or 

other  material  6687. 
Posting  for  not  fighting  duel  6425. 
Prescription  for  narcotic,  making  or  present- 
ing false  or  fraudulent  6545. 
Presenting   for   audit    or   payment    fraudulent 

claim   against   state,   county,   city,    town   or 

school  district  6715. 
Presumption  of  innocence  6277. 
Pretended  heir,  production  of  6370. 
Prevention  of  procreation  6293. 
Principal  defined  6274. 
Prior  offenses,  what  law  governs  6296. 
Private    books    or    accounts,    failing    to    make 

entry    or    fraudulent    entry    with    intent    to 

defraud  6711. 

"Prison,"  word  includes  what  6294  (27). 
PRISONER— 

Aiding  to  escape  6340. 

Custodian  suffering  escape  1657,  6341. 

Escaped,  concealing  6343. 

Escaping  from  custody  6338. 

Escaping  from  prison  or  jail  6339. 

Inhumanity  to  2818. 

Rescue  of  6336. 

"Third  degree,"  administering  to  6807. 

Unlawful  communication  with  6373,  6817. 
"Prisoner,"  word  includes  whom  6294  (26). 
Process,  combination  to  resist  6605. 
Procreation,  prevention  of  6293. 
Prohibited    act,    commission    of,    misdemeanor 

6288. 

"Property"  defined  6294  (9). 
Property,  in  custody  of  officer,  taking  of  6337. 
Property,   malicious  injury   to  6760-6762. 
Property    subject    to    mortgage    or    lien,    sale, 

removal  or  destruction  thereof  6700. 
Prostitution,  crimes  in  relation  to  6445. 
Prostitution,  house  of,  habitually  resorting  in 

6460. 
Prostitution,  house  of,  near  school  house  3457, 

6510. 

Provoking  assault  6415. 
Public    administrator,    misdemeanor    in    office 

1621. 
PUBLIC— 

Building,  doors,  to  swing  outward  6581. 

Buildings,  malicious  injury  to  6752. 

Conveyance,  disturbance  upon  6611. 

Conveyance,  failure  to  pay  fare  6611. 

Health,  crimes  against  6529-6560. 

Nuisance  defined  6561. 

Nuisance,   maintaining   or   permitting  6561, 
6564. 

Office,  unlawful  intrusion  into  or  refusal  to 

surrender  6332. 
PUBLIC  OFFICER— 

Asking  or  receiving  bribe  6331. 


2369 


INDEX 


Crimes  and  punishments 


Public  officer — continued. 

Asking   or   receiving   excessive   fee   or   com- 
pensation or  where  none  allowed  673S. 

Blackmail  of  6739. 

Conviction  forfeits  trust  6287. 

Failing   in   duty   to   pay   over  money   6658, 
8658. 

Failure  of  duty,  misdemeanor  6289. 

Falsely  personating  4291,  6734. 

Forging  or  counterfeiting  signature  of  6685. 

Interested  in  contract  for  public  812,  1522, 
6331. 

Knowingly  making  false  or  misleading  state- 
ment in  official  report  or  statement  6349. 

Making  false  certificate  6375. 

Misconduct  of  6331. 

Obstruction  of  6805. 

Resisting,  delaying  or  obstructing 4291,  6362. 

Violation  of  duty  6828. 

See  Officer,  supra. 
PUBLIC— 

Or  corporate  seal,  counterfeiting  6685. 

Record,  failure  to  make  true  entry  or  mak- 
ing false  entry  6664. 

Records,   removal,   destruction   or  injury   to 

2817,  6344,  6345. 
Public  school,  disturbance  of  3452,  3453,  6599, 

6600. 
Public  service  companies,  certain  acts  against 

to  injure  or  defraud  6732,  6733,  6735. 
Public  service  companies,  injuring  or  defraud- 
ing, penalty  6732,  6733,  6735. 
PUBLIC  UTILITY— 

Books    and     papers,     witness     refusing    to 
exhibit  4537. 

Books,  failure  to  produce  4529. 

Failure  to  report  to  commission  4522. 

False  oath  by  official  4513,  4543. 

Labor  on,  violation  of  act  regulating  3482. 

Refusing   to   connect   pipes   or   wires   6844- 
6846. 

Removing  maliciously,  damaging  or  destroy- 
ing 6752. 

Violation  of  general  provisions  of  act  4542. 

Works,  employment  over  eight  hours  6778. 
Publication  of  libel,  what  deemed  6429. 
Publishing  or  circulating  book  or  paper  advo- 
cating or  inciting  crime  6617. 
Pure   food,   drugs  or  liquors,   adulterating   or 

misbranding  3486,  6816. 
Quarantine,  failure  to  observe  2999,  3000. 
Quick  child,  killing  unborn  6403. 
Rafts,  setting  adrift  6756. 
RAILROADS— 

Combinations  to  prevent  continuous  carriage 
3577. 

Confining  stock  over  36  hours  3572,  3585. 

Discrimination,  unjust  4570. 

Employees,  intoxication  of  3564,  6583. 

Employee  violating  duty  6585. 

Excavating  under  3565. 

Failure   to   give   notice   of  live  stock   killed 
3600. 

Failure   to   make   returns   or   exhibit   books 
and  papers  4575. 

Failure  to  whistle  or  ring  bell  at  crossing 
3552,  6584. 

False  devices  by  4572. 

Full  crew  act,  violation  of  3591,  3594. 

General   penal   provisions   concerning   3581, 
4576. 


Railroads — continued. 

Granting  rebates,  drawbacks,  etc.  3581. 

Injury  to  property  of  3565. 

Intoxication  of  engineer,  conductor  or  other 
employee  3564,  6583. 

Making  illegal  charge  6737. 

Maliciously  removing,  damaging  or  destroy- 
ing property  of  6752. 

Officer,  making  false  report  3567. 

Obstructing,  hindering  or  delaying  6586. 

Passes,  issuance  or  acceptance  of  4573. 

Permitting  animal  on  enclosed  right  of  way 
6753. 

Property,   wilful   or  malicious  injury   to  or 
interference  with  6749. 

"Railroad"  or  "railway,"  term  includes  what 
6294  (22). 

Rebates,    discrimination,    false    devices    by 
4570-4572. 

Sheep,  transportation  without  health  certifi- 
cate 2309 (c). 

Subpena,  disobedience  of  4566. 

Telegraph     operators     working    over    eight 
hours  3597. 

Wilfully  or  maliciously  obstructing  6748. 
Rape,    assault   with    intent   to   commit,   death 

penalty  may  be  inflicted,  when  6413. 
Rape  defined  6442,  6443. 
Referee  asking  or  receiving  bribe  6320. 
Referee,  influencing  or  attempting  to  influence 

6323. 
Referee,    receiving   communication    unlawfully 

6324. 
Referee,    unlawful    promise    or    agreement    of 

6324. 

"Real  property"  defined  6294  (10). 
Realty,  conversion  into  personalty  with  intent 

to  steal  6643,  6644. 
Reasonable  doubt  as  to  degree,  conviction  of 

lowest  6277. 

Receiving  stolen  goods  6648. 
Reception  or  assent  to  reception  of  deposit  in 

insolvent  bank  634,  635,  6724,  6725. 
Records,  refusal  to  deliver  to  proper  custodian 

2819. 

Records,  stealing,  altering  or  defacing  2817. 
Recorder  or  deputy  filing  map  or  plat  unlaw- 
fully 965. 
Recorder's   office,    newspapers,    abstracting   or 

defacing  1642. 
Referendum    or    other    lawful    petition,    filing 

false    or    fictitious    or    subscribing    to    false 

oath   thereto   or  signing  fictitious   name   or 

name  of  other  person  thereto  or  withdrawing 

therefrom  for  reward  6670. 
Refusal  of  inspection  or  examination  of  bank 

to  examiner  or  deputy,  revocation  654. 
Refusal  to  join  posse,  prevent  offense  or  assist 

officer  6606. 
Refusal  to  make  arrest  or  aid  officer  2833,  4290, 

6361,  6606,  6863,  6956. 
Registry  agent,  refusal  to  perform  duties  1712, 

1719. 
Religious  meeting,  disturbance  of  6478,  6597, 

6607. 
Religious  or  camp  meeting,  selling  or  disposing 

of  liquor  at  6598. 
Removal  of  landmark  6676. 
Requisition,     person     suspected     of     bringing 

stolen  goods  into  state,  detained  for  6649. 
Rescue  of  prisoner  6336. 


Crimes  and  punishments 


INDEX 


2370 


Resisting,  delaying  or  obstructing  public  officer 

4291,  6362. 
Resisting    or    interfering    with    water    officers 

4704. 
REVENUE  AND  TAXES— 

Assessor,    failing   to    assess    as    directed    by 
state  board  3809. 

Assessor,  misdemeanor  in  office  3681,  3684. 

District  attorney,  failing  to  account  3676. 

False  affidavit  as  to  3755. 

False  oath  or  list  of  property  3630. 

Mine  owner,  refusing  access  to  books  3691, 
3694. 

Negligence  relative  to  transient  stock  3859. 

Officers  violating  official  duty  3751. 

Personal  property  tax,  attempt  to  avoid  3679. 

Poll  taxes,  assessor  failing  to  make  return 
of  3726. 

Proceeds    of    mines,    false    oath    concerning 
3690. 

Poll    tax    receipt,    issuing    fraudulent   3414- 
3417. 

Refusing    information    relative    to    poll    tax 
3720. 

Refusing  statement  to  assessor  3624. 

Stock,  evading  or  attempting  to  evade  tax  on 
3856. 

Stock,  herding  or  grazing  without  certificate 
3857,  3858. 

Transient  stock,   revenue  officers  neglecting 
3859. 

Transfer  to  avoid  taxes  3679. 
Riot  defined  6596. 
Robbery  defined  6427. 

Robbery,  assault  with  intent  to  commit  6413. 
Property  restored  to  owner  6650,  6651,  7448. 
Rout  defined  6596. 
Rule  of  construction  of  act  6295. 
Sabbath  breaking  6608. 

Safely  appliances,  failure  to  provide  6797-6799. 
Safety  cages  in  mines,  failure  to  provide  6799. 
Salary  of  officer,  rebate  or  division  for  reward 

6313-6316. 

Salaried  officers,  neglect  to  pay  over  fees  1698. 
Sale.     See  Selling,  post. 
Saloon,   permitting  minor  to  remain  in   6842, 

6843. 
SCHOOL— 

Books,  overcharge  for  3412. 

Children,  interference  with  6599. 

District,  presenting  fraudulent  claim  to  6715. 

Disturbing  of  3453. 

Election  law,  violation  of  3294.  3296. 

False    statement    of    age    or    attendance    of 
pupil  3450. 

Funds,     auditor    and     treasurer    failing    to 
classify  3358. 

Houses,  injury  to  3455,  3456,  6760,  6761, 

Houses    of    prostitution    located    near   3457, 
6510. 

Interfering  with  pupils  3452. 

Property  of.  injuring  or  defacing  3455. 

Supply  act.  violation  of  3472. 

Tnancy,  encouraging  3449. 

Trrancy.  parent  failing  to  prevent  3445. 
Sealed  letters,  messages  or  telegrams,  opening 

unlawfully  6714. 

Search  warrant,  maliciously  procuring  6741. 
Search  warrant,  officer  exceeding  authority  or 

exercising  unnecessary  force  in  serving  6742. 


Second  degree  murder  6386. 
"Second-hand  dealer"  defined  6472. 
Second-hand  dealer,  duties  and  penalties  6465- 

6472. 

Secret   or  military   orders   or  societies,   badge 
or  insignia  of,  unlawful  wearing  2505-2507, 
6715-6717. 
Self-defense,  what  essential  to  establish  6394, 

6395,  6402. 
SELLING— 

Adulterated    foods,    drugs    or    liquors    3486, 

6816. 
Goods     containing     forged     or     counterfeit 

stamps  or  labels  6690. 
Horse  meat,  when  unlawful  6524,  6525. 
Liquor  at  religious  or  camp  meeting  6598. 
Liquors  near  prison   or  in  capitol   building 

6504,  6505. 
Liquor  to  drunkards  or  dipsomaniacs  6523, 

6836,  6838. 
Liquor  to  husband  or  father,  when  unlawful 

6523. 

Liquor  to  imbeciles  6506. 
Liquor  to  Indians  6507-6509. 
Liquor  to  minors  6506. 
Lots  before  plat  filed  959. 
Or  keeping  lottery  tickets  6496-6498. 
Or   purchasing   carcass    or   hide   of   animal, 

when  grand  larceny  6640. 
Or  transferring  services  of  person  abducted 

or  kidnaped  6420,  6421. 

Tickets  for  entertainments  without  author- 
ity 6718. 
Sending  or  delivering  threatening  letters  6437. 

6438. 

Setting  spring  gun  6567. 
SHEEP— 

Bringing  into  state  without  inspection  2300, 

2301. 
Herder,    refusing    information    to    inspector 

2306. 
Herding    or    grazing    near    town    or    village 

2317,  2318. 
Infected,   exposing  or  permitting  to  run   at 

large  2310. 

Infected,  failure  to  dip  2302. 
Inspector  permitting  removal  without  exam- 
ination 2304. 
Owner  failing  to  report  infected  to  inspector 

2305. 
Permitting  to  run  at  large  in  towns  or  cities 

2330. 

Railroads  transporting  without  health  certifi- 
cate 2309. 
Removing   from    county    to    county   without 

permit  2308. 

Shearing  within  limits  of  town  or  city  6548. 
Sheep  inspection  act,  violation  of  4602. 
SHERIFF— 

Failure  to  enforce  itinerant  peddler  act  3895. 
False  certificate   relative  to  horses   shipped 

out  of  state  2394. 
Illegal  fees,  charging  of  1654. 
Permitting  escape  1657. 
See  Officer;  Public  Officer,  supra. 
Sidewalks,  riding  or  driving  on  6773. 
Signals    for   vessels   or   railways,    interference 

with  or  exhibiting  false  6750. 
"Signature"  defined  6294  (7). 
Signboards     forbidding     hunting,     interference 
with  6768. 


2371 


INDEX 


Crimes  and  punish  merits 


Signboards  on  highways,  failure  to  erect,  defac- 
ing or  destroying  3028. 

Slander  of  woman  6434-6436. 

Slaughtering  animals  without  having  or  exam- 
ining hide  containing  marks  or  brands  6641. 

Slaughter   house,   owner  failing  to   keep  book 
containing  record  of  marks  and  brands  6641. 

Slavery  prohibited  246,  6847-6848. 

Smelters  or  mills,  hours  of  labor  in  6555,  6556, 

Smoking  in  prohibited  places  6578. 

Sodomy  6459. 

Sodomy,  assault  with  intent  to  commit  6413. 

Soliciting  jury  duty  6326. 

Songbirds,    unlawful    to    kill    or   destroy    eggs 
r.siiv 

Sound  mind,  who  considered  of  6269. 

Spring  gun,  setting  of  6567. 

State    board    of    examiners,    failure    to    order 
examination  of  accounts  2858,  2859. 

State  board  of  examiners,  presenting  fraudu- 
lent claim  to  071.".. 

State    capitol    build inir.    liquors    in    prohibited 
8505. 

State  capitol   grounds,  defacement  or  obstruc- 
tion of  <>77J. 

Slate  controller  drawing   warrant  for  clerical 
work   without    appropriation  6661.   &MV2. 
8682. 
S(c  otfii-i  rx  :   1'uMic  Officers.  sni>ni. 

State  library,  books,  failure  to  return  3950. 

State  library,  injury  to  property  of  3950. 

State   li(|iior   license,    violation   of  act  concern- 
in  i:  37S4. 

STATE   MILITIA— 

Arms,  unlawful  use  of  4048. 
Encampment,  failure  to  attend  4<>.",v 
False  list,  making  4074. 
Insulting  officers  or  members  4083. 
Obstructing  4082. 

Property  of.  unlawful  retention  4025,  4026, 
40:;:,.  jor,i>. 

State  officer,  employing  or  paying  for  clerical 
services  or  labor  without  appropriation  6661, 
6662. 
See  Officer;  Public  Officer,  supra. 

State  or  county  indebtedness,  purchase  of  by 
officials  2825. 

STATE  POLICE— 

Absence  without  leave  4286. 

Falsely   impersonating  or  wearing  badge  of 

4292. 
Molestation    of    in    discharge    of   duty   4291, 

6362. 
Refusal  to  aid  on  command  4290. 

Slate  prison,  selling  liquor  in  vicinity  of  6504. 
See  Escape;  Prisoners,  supra. 

State  treasurer,  malfeasance  or  misfeasance  in 
office  6660. 

State    treasurer,    payment    for    clerical    work 
without  appropriation  6661. 
See  Officer;  Public  Officer,  supra. 

State  veterinarian,  violation  of  act  concerning 
4388. 

Stationary    engine,    operating   without    license 
3904. 

Steamboat  or  boiler,  reckless  or  negligent  oper- 
ation of  causing  death  6408. 

Steam   engine,   or  boiler,  permitting  excessive 
steam  pressure  on  0.1X7. 


STOCK— 

Branding  in  same  place  as  previous  brand 

2247. 
Confinement    on    railroads    over    36    hours 

3572,  3585. 

Driving  diseased  or  infected  animal  on  pub- 
lic highway  2266,  2268. 
Driving  or  attempting  to  drive  out  of  state 

to  evade  tax  3856. 
Dying  of  contagious  disease,  failure  to  burn 

2272,  227: i. 

Estrays,  failure  to  give  notice  of  2274-2279. 
Herding  or  grazing  without  revenue  certifi- 
cate 3857,  3858. 
Marking    by    removing   more   than    one-half 

of  ear  2240. 
Mismarking   or   misbranding   not   one's   own 

2242. 
Permitting    to    run    at    large    in    towns    or 

cities  2263.  2265. 
Quarantine,  violation  of  2271. 
Recording  similar  brand  one  already  recorded 

2248. 

Stock  subscription,  signing  fictitious  name  or 
names   of.  other   without   authority    or   with 
understanding  that  terms  of  subscription  are 
not  to  be  complied  with  6721. 
Stolen  goods,  buying  or  receiving  6648. 
.Streams,  pollution  of  2047. 
Street  or  highway,   riding  or  driving  in  dan- 
gerous manner  on  6589. 
Substitution  of  child  6371. 
Suicide  6379. 

Suicide,   aiding  ittXI-fKJSS. 
Suicide,  attempt  to  commit  6380. 
Subornation  of  perjury  6350,  6351. 
Suit,    instituting   in    name   of  another   without 

consent  63 12. 

Sunday,  noisy  amusements  or  racing  on  6608. 
"Swear"  defined  6353. 
Swindling  r,n;:;.  i;r>1S. 
Swine,  permitting  to  run  at  large  in  towns  or 

cities  2330. 

Taking  property  from  custody  of  officer  6337. 
Tampering  with  or  obstructing  witness  6359. 
TELEGRAPH— 

Bribery  of  operator,  officer  or  employee  4609. 
Company's  private  mark  or  design,  unlawful 

use  of  4619. 

Injury  to  or  obstructing  line  4610. 
Officer     or     employee      using      information 

obtained  4605. 
Operatives  for  railroads  working  over  eight 

hours  3597. 

Message,     altering,     destroying,     divulging, 
delaying  or  opening  4603,  4606,  6712-6714. 
Message,  false,  when  deemed  forgery  6664. 
Message,  failure  to  show  time  of  transmis- 
sion 6825. 

Message,  larceny  of  4608. 
Message,    obtaining    knowledge    of    contents 

unlawfully  6712,  6713. 
Message,  opening  unlawfully  4607. 
Message,  sending  out  of  order  4606. 
Message,  transmitting  false  or  forged  4604. 
"Third  degree"  unlawful  6807. 
Telephone,  damage  to  line  4610,  4632,  6752. 
THREATS— 

For  purpose  of  blackmail  6739. 

For  purposes  of  extortion  6437,  6438. 


Crimes  and  punishments 


INDEX 


2372 


Threats — continued. 

For  purpose  of  unlawful  coercion  6740. 
Or  menaces,  crime  committed  under  6268. 

THREATENING— 

Letters,  sending  or  delivering  6437,  6438. 
Public  officer  to  intimidate  6364. 
To  publish  libel  6433. 

Timber,  cutting  unlawfully  2114-2116. 

Timber,  young  trees,  selling  or  offering  2118. 

Time  checks,  discounting,  when  unlawful  6788- 
6790. 

Tobacco,  sale  of  to  minors  3874,  6502,  6503. 

Towns  or  city  officer  failing  to  enforce  act  rel- 
ative to  stock  running  at  large  2265. 

Towns  or  city  officer  contracting  debt  without 
funds  977. 

Towns  or  city  officer  refusing  information  to 
examiner  983. 

Trademark,  counterfeiting  of  4637. 

Trademark,  stamps,  labels  or  designs,  counter- 
feiting of  4619,  6437,  6689-6694. 

Transacting  business  under  assumed  name, 
when  unlawful  6728-6731. 

Treason  defined  248,  6308-6310. 

Treason,  levying  war,  what  deemed  6309. 

Treason,  misprision  of  6310. 

Treasurer,  state,  county  or  city,  misappropri- 
ating funds  or  securities  or  other  malfeas- 
ance or  misfeasance  in  office  6660. 
See  Officer;  Public  Officer,  supra. 

Trespass  upon  church  or  school  property  6760, 
6761. 

Trespass,  when  unlawful  6765-6769. 

Trial  of  indictment,  conviction  of  lesser  degree 
or  attempt  6290. 

Trial,  place  of,  homicide  6393. 

Two  or  more  convictions,  imprisonment  on 
6303,  7256. 

Unborn  quick  child,  killing  6403. 

Underground  mines,  hours  of  labor  1941,  1942, 
6554,  6556. 

Union  label,  counterfeiting  of  4637. 

United  States  senator,  paying  or  promising 
money  or  reward  1900. 

"Unlawful  assembly"  defined  6595. 

Unlawful  assembly,  destruction  of  property  by 
6612. 

Unlawful  dispossession  6806. 

Unlawful  certification  of  bank  check  or  draft 
647. 

Unwholesome  substance,  depositing  or  keeping 
near  highway  or  stream  6546. 

Uttering,  offering  or  disposing  as  true  or  hav- 
ing in  possession  with  such  intent,  any 
forged  writing  or  instrument  6667. 

Uttering  or  passing  fictitious  check,  bill  or 
other  paper  6665. 

Vagrancy  defined  6619. 

Vagrants,  employment  of  6620-6623. 

Vagrants,  refusal  to  work  6622. 

Vending  without  license  6808,  6810. 

Vicious  animal,  allowing  at  large  6591. 

Vicious  dog,  unlawful  to  keep  6441. 

Voluntary  manslaughter  defined  6387-6389. 

Voters,    corrupting,   intimidating   or   deceiving 
6802,  6803. 
See  Elections,  supra. 

Warrants,  purchasing  or  selling  scrip  or  claims 
2824,  2826. 


WATER—  * 

Claimant  failing  to  make  statement  to  state 
engineer  within  ninety  days  4687. 

Impure,  furnishing  for  domestic  use  6540. 

Pollution  of  6546,  6547. 

Pollution  of  streams  4720. 

Resisting  or  interfering  with  state  engineer 
or  assistants  4704. 

Running  on  highway  3045,  3046,  6757,  6770, 
6771. 

Users  of,  failing  to  install  headgate  or  weir 
4709. 

Waste,  unlawful  diversion  of  4722. 
Watercraft,  injury  or  interference  with  6756. 
Water  pipes,  public  utility,  refusing  to  connect 

6844-6846. 

Wearing  dangerous  hatpin  6829,  6830. 
Weights  and  measures,  false,  buying  or  selling 

by  4812,  6708,  6709. 
Weights  and  measures  act,  obstructing  sealer 

or  deputy  4817. 
Weights  and  measures  act,  sealer  or  deputy, 

neglect  of  duty  4819. 

Weights  and  measures  act,  violation  of  4812. 
Wife  or  child,  abandonment  of  6446. 
Wife  or  child,  failure  to  support  6481-6483. 
WITNESS— 

Accepting  bribe  6322. 

Bribery    charge,    offender    may    be,    proviso 
6328. 

Bribery  of  or  offering  to  bribe  6321. 

Dueling  6424. 

Refusing  to  attend  or  testify  before  legisla- 
ture or  committee  of  6334. 

Tampering  with  or  obstructing  6359. 

See  index,  Criminal  Practice. 
WOMAN— 

Attempting  to  produce  miscarriage  6405. 

Forcing  to  marry,  divorce  6444. 

Slander  of  6434-6436. 
Working    domestic    animals    without    consent 

6744. 

"Writing"  defined  6294  (8). 
Writing,  instruments  in,  larceny  of  6645. 

CRIMINAL  PEACTICE 

Abortion,  trial,  evidence  7177. 

Accomplice,  corroboration  of  7180. 

Accusation,  prosecution  by  7000. 

Acquittal,  court  may  advise  7202. 

Act,   same  provisions  as  former,  construction 

7525. 

Act,  superseded,  not  bar  7468. 
Action,  record  of,  what  included  in  7263. 
Actual  bias  defined  7147. 
Adjournment  of  court  after  submitting  cause 

to  jury,  effect  7211,  7212. 
AFFIDAVIT— 

Entitlement  7414. 

For  change  of  venue  7116. 

For  new  trial  7235. 

For  search  warrant  7417. 
Aggravation  or  mitigation  of  judgment  7254, 

7255. 

Animal,  brand,  evidence  of  ownership  7172. 
APPEAL  (From  District  to  Supreme  Court)  — 

Affirmance,  execution  7305. 

Affirmance  without  argument  7299. 

Amendment  of  record  7296. 


2373 


INDEX 


Criminal  practice 


Appeal — continued. 

Argument  on  7299,  7300. 

Bail  on,  who  may  admit  to  7326,  7328. 

Bail,  pending  when  7314,  7315. 

Bill  of  exceptions  7283-7285. 

By  state,  effect  7293. 

Certificate  of  probable  cause,  stay  of  execu- 
tion 7294. 

Clerk  to  transmit  record  7295. 

Counsel,  number  may  argue  7300. 

Death  sentence,  suspension  of  7270. 

Defendant  need  not  be  present  7301. 

Demurrer,  order  in  7286. 

Designation  of  parties  on  7288. 

Determined  at  first  term  7298. 

Dismissal,  grounds  for  7296. 

Disposition  of  7303. 

Errors,  technical  disregarded  7302,  7469. 

Execution,  stay  of,  when  7294. 

From  district  court  7286. 

From  judgment  7286. 

How  taken  7291. 

Intermediate    order    or    decision    reviewed 
7289. 

Irregularity,  dismissal  for,  must  be  substan- 
tial 7296. 

From  judgment  for  costs,  malicious  prosecu- 
tion 7262. 

Judgment  on,  entry  of  7306. 

Judgment,      technical      errors,      disregarded 
7302,  7469. 

New  trial,  order  granting  or  denying  7286. 

Notice  of  7291,  7292. 

On  record  7283. 

Parties,  how  designated  7288. 

Power  of  court  on  7303. 

Precedence  over  civil  appeals  7298. 

Questions  of  law  only  7287. 

Record  of  action  7263. 

Record,  transmission  of  7295. 

Remittitur  7306,  7307. 

Reversal,  only  after  argument  7299. 

Reversal,  order  of  7304. 

Service  of  notice  of  7291,  7292. 

Stay  of  execution,  when  7294. 

Substantial  errors  only  considered  7302,  7469. 

Suspension  of  death  sentence  7270. 

Taken  on  questions  of  law  alone  7287. 

Technical  errors,  disregarded  7302,   7469. 

Time  of  taking  7290. 

Time  of  transmitting  record  7295,  7297. 

Transcripts,   how  prepared,   rule  iv,   sec.   2, 
p.  1422. 

Transmission  of  record  7295. 

What  may  be  considered  on  7289. 

When  taken  7290. 

Without  bill  of  exceptions  7283. 
Application  for  removal  of  action  7116. 
Arson,  investigation  to  determine  if  committed 

7532,  7539. 
Appeal  (from  justice  court  to  district  court) 

7286. 

See  full  index,  Justice  Court,  post. 
ARRAIGNMENT  7074-7089— 

Answer  to,  how  made  7089. 

Answer  to,  time  for  7088. 

Bail,  when  increased  on  7083. 

Defendant  committed,  when  7084. 

Demurrer  7089. 

Failure  to  appear,  bench  warrant  7077. 


Arraignment — continued. 

For  felony,  defendant  present  7075. 

For   misdemeanor,    may   appear   by   counsel 
7075. 

How  made,  copy  delivered  7086. 

Increased  bail  7083. 

Informed  of  right  to  counsel  7085. 

Motion  to  set  aside  on  7089. 

Name  of  defendant  7087. 

Officer  to  present  defendant  7076. 

Plea  7089. 

Right  of  counsel  on  7085. 

Time  to  answer  7088. 

True  name  to  give  7087. 
ARREST— 

After  bail,  when  7340. 

Authorized  by  telegraph  4618,  6967. 

By  private  person,  duty  6964. 

By  private  person,  when  6954. 

By  sureties  7334. 

By  whom,  and  how  made  6951-6967. 

Cities,  who  may  make  in  800. 

Custody  of  defendant  6934. 

Defendant  taken  before  magistrate  without 
delay  6947. 

Duty  of  officer  making  6940,  6944-6950. 

Duty  on  making  6964-6966. 

Duty  to  aid,  when  2833,  6361,  6606,  6956. 

Escape  or  rescue  from,  recapture  6968,  6969. 

Examination,  preliminary,  on  6970-6998. 
See  Preliminary  Examination,  post. 

Force  may  be  used  6960-6962,  6969. 

How  made  6952. 

In  other  county,  procedure,  bail  6940. 

Magistrate  may  orally  order,  when  6955. 

Misdemeanor,  proceedings  on  6950. 

Of   convicted   defendant   on   bench   warrant 
7250. 

Offense  not  bailable,  duty  of  officer  7322. 

Officer  making  to  receipt  for  property  taken 
7450. 

Officer  refusing  to  make  on  lawful  command 
2820,  2833,  4290,  6361,  6606,  6863,  6956. 

On  bench  warrant  right  to  bail  7321,  7322. 

On  order  of  recommitment  7342. 

Person  making  may  orally  summon  aid  2833, 
6361,  6606,  6956. 

Proceedings  on,  bail  6934,  6940,  6944,  6949, 
6950. 

Property  taken,   receipt  for  schedule  6651, 
7450. 

Resistance  of  or  attempted  flight,  force  6960. 

Restraint  on,  no  more  than  necessary  6952. 

Warrant  of,  to  be  shown,  when  6959. 

Weapons  taken,  delivery  to  magistrate  6963. 

When  may  be  made,  day,  night  6957. 

Without  warrant  6953,  6958,  6965,  6966. 
ARREST  OF  JUDGMENT— 

Bail,  disposition  of  7241. 

By  court  of  own  motion  7239. 

Defendant,  order  concerning  7241. 

Defined  7238. 

Effect  of  allowance  7240. 

Grounds  for  7238. 

Motion  for,  grounds  7105. 

Motion  in  7238. 

Not  bar  to  further  prosecution  7241. 

Proceedings  after  allowance  7241. 
Attempt,  verdict  may  be  for  7219. 
Attorney  appointed  for  defendant,  compensa- 
tion 7540,  7541. 


Criminal  practice 


INDEX 


2374 


Attorney-general,  dismissal  of  criminal  action, 

when  7400. 

Attorney-general  may  take  charge  of  prosecu- 
tion 4137. 
BAIL— 

Action  on  forfeiture  7338. 

After  conviction  7314. 

Answerable  for  reexamination  7093. 

Arrest  after,  when  7340-7342. 

Arrest  on  bench  warrant,  rights  of  defend- 
ant 7321. 

Before  conviction  7313. 

Bond,  form  of  6941. 

Cash    deposit    returned    or    forfeited    7335 
7336. 

Cash  in  lieu  of  7330-7332,  7335. 

Cases  allowed  in  236. 

Chapter  on  7308-7347. 

Charge  punishable  by  death  7311. 

Clerk  to  pay  forfeited  bail  money  to  treas- 
urer 7339. 

Consists  of  what  7309. 

Defendant  held  to  answer,  who  may  grant 
7316. 

Defendant   may    surrender,    bail    exonerated 
7333. 

Defined  7308,  7309. 

Deposit  in  lieu  of  7330,  7332,  7335. 

Discretion,  when  matter  of  7310,  7314. 

Duty    of    arresting    officer,    bench    warrant 
7321. 

Exonerated,  demurrer  sustained  7102. 

Exonerated  on  reversal,  when  7304. 

Exonerated  upon  surrender  7333. 

Exonerated,  notice  to  district  attorney  7333. 

Felony,  minimum  for  6989. 

Forfeiture  of  6940. 

Forfeiture,  action  on  7338. 

Forfeiture  discharged  7337. 

Forfeiture  of,  when  7336.  7337. 

Form,  held  to  answer  7317. 

Form,  on  bench  warrant  7324. 

Form  on  recommitment  7346. 

Insanity  exonerates  7391. 

Insufficient,  grounds  for  arrest  7340. 

Justification  7319,  7320,  7325,  7347. 

Magistrate  to  certify,  discharge  6943. 

May  surrender  defendant  7333. 

Money  deposited  for,  refunded  7092. 

Notice  to  district  attorney  7312,  7327,  7333. 

On  appeal,  conditions  7315,  7328. 

On  appeal,  who  may  admit  to  7326. 

On  arrest,  forfeiture  6940. 

On  extradition  7438,  7439. 

On  recommitment  7344-7346. 

Order  for  on  warrant  6934. 

Pending  examination   6934. 

Preliminary  examination,  minimum  for  fel- 
ony 6989. 

Qualifications,  personal  sureties  6942,  7318. 
7325,  7347. 

Recommitment  after,  when  7341-7344. 

Sureties,     examination,     justification     6942, 
7319,  7320,  7325,  7347. 

Sureties,  may  arrest  7334. 

Sureties,  number  of  7317. 

Sureties,  qualifications  and  justification  6942. 

Surety  company  may  furnish  695,  7329. 

Who  entitled  to  7310-7315. 
Bar  of  jeopardy  7113. 


BENCH  WARRANT— 

Absent  convicted  defendant  7246-7250. 

Bail,  form  of,  on  7324. 

Bail  on  7313,  7321. 

Convicted  defendant,  form  of  7248. 

For  convicted  defendant  to  several  counties 
7247. 

How  and  where  served  7249,  7250. 

Offense  not  bailable,  duty  of  officer  7322. 

On  presentment  7037. 
BILL   OF   EXCEPTIONS— 

Appeal  without  7283. 

Chapter  on  7283-7285. 

Contents  of  7284. 

How  made  part  of  record  7283. 

Judge  may  settle  after  term  7284. 

Preparation,  filing  and  settlement  7283-7285. 

Settlement  7283-7285. 

Supreme  court  may  settle,  when  72s."i. 

Time  shortened  or  extended  7283. 

What  to  contain  7284. 

See  Appeal,  supra. 
Board    of    pardons    to    determine    period    of 

imprisonment  7261. 
Bond   to   keep   peace,   forfeiture   and   recovery 

6874-6876. 

Brand,  evidence  of  ownership  7172. 
Breach    of    peace    before    magistrate,    security 

6893. 
Bribery,    offender   competent   witness,    proviso 

6328. 

Cash  in  lieu  of  bail  7330,  7332,  738.'). 
Certificate    of    probable    cause,    stay    pending 

appeal  7294. 

Change  of  venue  7115-7120. 
Change  of  venue,  costs  in  7466,  7467. 
Charge  of  court  deemed  excepted  to  7230. 
Charge,  forms  part  of  record  7230. 
Charge  to  jury  7198. 

Children   under  twelve  years   not   to  be  com- 
mitted to  jail  742. 

Civil  officers,  impeachment  6878-6893. 
Civil     officers,     removal     otherwise     than     by 

impeachment,  procedure  6894-6907. 
Clerk,  certify  costs  change  of  venue  7467. 
Clerk  to  make  up  record  of  action  7263. 
Clerk  to  pay  forfeited  bail  money  to  treasurer 

7339. 
Commission  to  take  testimony,  procedure  7365- 

7384. 
Commitment,   failure  to  appear  for  judgment 

7343. 

Commitment,  for  examination,  form  of  6975. 
Commitment  of  defendant  on  conviction  7226. 
Compelling  attendance  of  witnesses  7348-7364. 
Complaint,  defined  6927. 

Complaint  or  deposition,  what  to  contain  6931. 
Complaint  for  offense  triable  in  other  county, 

procedure  6948. 
Complaint,    magistrate    to    make    examination 

6930,  6931. 

Compromise  of  misdemeanor  7411-7413. 
Compromise,  order,  what  to  state  7412. 
Conduct  of  jury  7204-7212. 
Conspiracy,  trial,  evidence  7173. 
Contempt,  by  witness  7361. 

Contributory  dependency  and  delinquency,  sus- 
pension of  sentence  758,  762. 
Conviction,  what  Dased  on  6858. 
Coroners'   inquests   7542-7560. 
Corporate  existence,  proof  of  7176. 


2375 


INDEX 


Criminal  practice 


CORPORATIONS— 

Complaint  against  7402. 

Before  justice  of  peace  7405. 

Execution  for  fine  7410. 

Indictment,  summons  on  7400. 

Preliminary  examination  7406.  7407. 

Proceeding,  against  for  misdemeanor  7405. 

Summons,  form  and  service  7402-7404. 
COSTS— 

Change  of  venue  7466,  7467. 

Escape,  prosecuting  6820. 

How  collected  7464. 

Insanity   inquiry  7393,   7394. 

Not  deducted  from  fines  74<>.'{. 
Counsel,  right  to  have  in  preliminary  examina- 
tion 6970. 

Counterfeiting,  trial  expert  testimony  7175. 
Court  of  own  motion  may  dismiss  action  7399. 
Court  may  advise  acquittal  7203. 
Court  to  decide  law  7195,  7197. 
Court   may  suspend  sentence  7lT,'.i. 
Court    may    grant    new    trial    of   own    motion 

7237. 

Crinifs  act  construed  7525. 
Crime  against   natuiv,  trial,  evidence  7171. 
Criminal  action  defined  6851. 
Criminal  action,   forgery,   proof  and  witnesses 

in  6»;x:  j.  (5684. 

Criminal  action,  how  prosecuted  6852. 
Criminsil   action,   rights  of  defendant  6855. 
Criminal    action,    time    of    commencing    6921- 

6926. 

Death    penaltv,    inflicted    l>v   hanging  or  shoot- 
ing 7281. 

Death    sentence,    suspension    of    7270-7278. 

Death   warrant,  form  and  contents  7268. 
Decision  on  instructions,  court  to  indorse  7200. 
DEFENDANT— 

Arrest  on  bench  wan-ant,  right  to  bail  7321. 

Cannot  be  compelled  to  be  witness  237,  7456. 

Charged  with   felony  may  be  searched  7434. 

Committed  on  conviction  7226. 

Custody  on  change  of  venue  7119. 

Defined  6853. 

Discharged  on  acquittal  7225. 

Exonerates  bail  by  surrender  7333. 

Insane,   commitment  to  asylum  7390. 

May   he  committed  pending  trial  though  on 
bail  7202. 

May  elect  method  of  execution  7281. 

May  except  to  law  given  by  court  7197. 

May    have    testimony    taken    by    commission 
7365-7384. 

May  testify  in  own  behalf  7160. 

Not  compelled  to  testify  237,  6857,  7161. 

Plea  of  7095. 

Presence  at  judgment  7245. 

Presence  of  when  verdict  rendered  7214. 

Presence  or  absence  at  trial  7123. 

Presumed  innocent  7163. 

Refusing  to  plead  7114. 

Rights  of  6855-6858. 

Right  of  counsel  6970-6972. 

To    show    cause    why    judgment    not    pro- 
nounced 7251. 

Unnecessary  restraint  6X57. 

Witness  against  self  237,  6857,  7161. 
Definition  of  words  and  terms  7457. 
Degree  of  guilt,  court  to  determine  on  plea  of 

guilty  7244. 


Degree  of  guilt,  reasonable  doubt  as  to,   rule 

6277,  7166. 
Delinquent  children  not  regarded  as  criminals 

750. 

Demurrer,  appeal  from  order  on  7286. 
Demurrer  to  indictment  7095-7105. 

See  Indictment,  post. 
Deposition,   defective   entitlement  7414. 
Deposition   of  witnesses,   for  defendant   7365- 

7384. 

Dismissal  of  action,  discharge  on  7398. 
Dismissal  of  action,  on  whose  motion  7399. 
Dismissal  of  prosecution,  failure  to  proceed  to 

trial  7396. 
Dismissal  of  prosecution  for  failure  to  indict 

7395. 

Dismissal,  when  bar  7_401. 
Disobedience  of  subpena  7361,  7362.  7364. 
Disposal  of  stolen  property  6650,  6651,  7428, 

7445-7450. 

District  attorney,  action  on  forfeited  bail  7338. 
District   attorney  may  dismiss  criminal  action, 

when  7400. 

District  attorney,  removal  6907. 
Duty  of  officer  in  charge  of  jury  7192.  7201. 
Entitling  affidavits  7414. 
Errors,  technical  disregarded  7.'JO2.  746!). 
Evidence  admissible  on  plea  of  not  guilty  7110. 
Evidence,  rules  of,  same  as  in  civil  case  7454. 
Evidence,    stenographic    report    of    testimony 

745(5. 
Examination,    preliminary    61)70-6t)J)X. 

See  Preliminary  Examination,  i>ost. 
EXCEPTIONS— 

Defendant  may  take  for  what  7227. 

State  may  take  for  what  7228. 

NVhat    defined    exempted   to   by   either  party 
7231. 

What  de.-med  excepted  to  hv  defendant  7229- 

7231. 
EXECUTION— 

Additional  warrant  for  execution  death  sen- 
lence,  when  may  issue  7279,  7280. 

After    affirmance    of    judgment    on    appeal 
7280. 

Against  corporation  7410. 

Certificate  of  probable  cause,  stays,  pending 
appeal  7294. 

Death  penalty,  how  inflicted  7281. 

Death    penalty,    infliction    of,    who    may    be 
present  at  7281. 

Death  sentence,  suspension  of  7270-7278. 

Death  warrant,  form  and  contents  7268. 

Defendant    found   sane,    warden    to   execute 
death  sentence,  when  7274. 

Defendant  insane,  duty  of  warden  7275. 

Defendant,  insanity  of  7271-7275. 

Defendant    may   elect   method    of   execution 
7281. 

Defendant    pregnant,    suspension    of    death 
sentence  7267-7278. 

Delivery  to  warden  7267. 

For  fine  7265. 

For  fine  and  imprisonment  7266. 

For  imprisonment  7266. 

Inquiry  into  sanity  7271-7275. 

Judgment    of    death    unexecuted,    additional 
warrant  for  7279. 

Jury,  inquiry  into  sanity  by  7271. 

Of  death,  statement  transmitted  to  board  of 
pardons  7269. 


Criminal  practice 


INDEX 


2376 


Execution — continued. 

Of  death  under  judgment  7268. 

Of  judgment,  authority  for  7264. 

On  affirmance  of  judgment  7305. 

Return  of  officer  7267. 

Return  on  execution,  death  penalty  7282. 

Stay  of  pending  appeal  7294. 

Trial  court  to  direct  after  affirmance  7307. 
Exemption,  not  ground  for  challenge  to  juror 

7149. 

Exoneration  of  bail  on  surrender  7333. 
EXTRADITION  7435-7444— 

Arrest  of  fugitive  7437. 

Bail  of  fugitive  7438,  7439. 

Commitment  of  fugitive  7437,  7438. 

Discharge,  want  of  prosecution  7442. 

District  attorney,  notice  to  and  duty  7440, 
7441. 

District  court  to  inquire  into  arrest  7443. 

Expenses,    county    commissioners    to    allow 
7444. 

Magistrate    may    issue    warrant    of    arrest 
7436. 

Magistrate,  return  of  7443. 

Seal,  no  charge  for  7435. 

Secretary    of    state    to    affix    seal    without 

charge  7435. 

Facts   in   mitigation   or   aggravation   of  judg- 
ment 7254. 

False  impersonation,  trial  evidence  7179. 
False  pretenses,  trial  evidence  7179. 
Fees,  recovered  as  costs  7465. 
Felony,  limitations  6i)22,  6924. 
Fines,  costs  not  deducted  3760,  7463. 
Fine,  imprisonment  for  nonpayment  7257. 
Fine,  paid  into  state  treasury  7463. 
Final   adjournment   of  court,   discharges  jury 

7212. 

Forgery,  trial,  expert  testimony  7175. 
Forgery,  witnesses  and  proof  in  6663,  6684. 
Form  of  bail,  bond  or  recognizance  6941. 
Form  of  indictment  7043,  7048. 
Form  of  search  warrant  7421. 
Form  of  warrant  of  arrest  6933,  6936,  6948. 
Formation  of  grand  jury  4931,  4940,  7002. 
Formation  of  trial  jury  4930,  4937,  4940,  7124. 
Former  acquittal,  what  constitutes  7111,  7112. 
Former  jeopardy  7111,  7113. 
Former     jeopardy,     order    for     discharge     to 

become  witness  7170. 
Fugitives  from  justice  7435-7444. 
Gambling,  witnesses  6522. 
Guilt,  inference  of,  not  drawn  from  failure  to 

testify  7161. 
GRAND  JURY— 

Action    of    juror    not    subject    to    question, 
exception  7033. 

CHALLENGE — • 

Decision,  entry  7007. 

How  made  and  tried  7006. 

Only  mode  of  objection  7010. 

Panel   or   individual,    effect   of   allowance 

7008,  7009. 

To  individual  juror,  grounds  7005. 
To  panel,  grounds  7004. 
To  panel  or  juror,  who  may  make  7003. 

Charge  by  court  7014. 

Court  to  advise  7030. 

Defendant,  evidence  for  not  bound  to  hear 
7025. 

Deliberations,  where  7015. 


Grand  jury — continued. 

Discharge  of  7015. 

District  attorney  to  advise  7030. 

Evidence  for  defendant,  not  bound  to  hear 
7025. 

Evidence  receivable  7024. 

Evidence,  sufficient  for  indictment  7026. 

Foreman,  appointment  7011. 

Foreman,  oath  of  7012. 

Formation  4931,  4940,  7002. 

INDICTMENT — 
Defined  7022. 
Evidence  to  warrant  7026. 
How  indorsed  7042. 
Ignored,  return  7043. 
Twelve  must  concur  7042,  7043. 

Jails,  may  enter  7029. 

Juror  having  knowledge,  duty  7027. 

Juror,  perjury  by  7033. 

Juror,  when  required  to  disclose  testimony 
7032. 

Oath  of  7012,  7013. 

Presentment  defined  7021. 

Presentment,  twelve  must  concur  7034. 

Proceeding  against  corporation  7408. 

Proceeding  secret  6374,  7031,  7036. 

Powers  and  duty  7020,  7028,  7030. 

Records,  may  examine  7029. 

Reexamination   after  discharge   7092,   7093. 

Resubmission  after  demurrer  7101,  7103. 

Special,  how  formed  7019. 

Special,  order  for  7016,  7017. 

Special,  sheriff  to  summon  7017,  7018. 

Who  allowed  before  7030. 

Witness,  oath  to  7023. 
Homicide,  burden  of  proof  6399,  7174. 
Husband  or  wife  as  witness  against  other  7452. 
Impeachment  not  bar  to  indictment  6893. 
Impeachment,  officers  liable  to  6878. 
Impeachment,  procedure  6879-6892. 
Implied  bias  defined  7147. 
Incendiarism,  investigation  of  7532-7539. 
Indefinite  sentence  7260. 
Indeterminate  sentence  7260. 
Indeterminate  sentence,   board   of  pardons   to 

determine  7261. 

Indian  as  witness  liquor  case  7530,  7531. 
INDICTMENT— 

Accessory,  trial  and  conviction  7071,  7072. 

Against  several,  one  or  more  convicted  or 
acquitted  7071. 

Answer  to  7092. 

Arraignment  on  7074-7089. 
See  Arraignment,  supra. 

Bail  on  7313. 

Capital  or  infamous  crime  prosecuted  by  237. 

Charge  but  one  offense  7054. 

Compounding  offense  7073. 

Concealing  offense  7073. 

Concurrence  of  twelve  7042. 

Construction  of  words  7057. 

Defect  in  form  7060. 

Defective,  arrest  of  judgment  7238. 

Defendant's    name,    erroneous    or    fictitious 
7053. 

Defendant  not  in  custody  7047. 

Defined  7022. 

Delinquent  child,  suspended,  when  737. 

DEMURRER  To  7095-7105— 

Allowed,  order  resubmitting  7101. 
Allowed  when  bar  to  other  7101. 


2377 


INDEX 


Criminal  practice 


Indictment,  demurrer  to — continued. 

Disallowed,  plea  forthwith  7104. 

Form  of  7098. 

Grounds  for  7097. 

Hearing  of  7099. 

Judgment  on  7100. 

Objections   must    be    taken   by,    exception 
7105. 

Sustained,  bail  exonerated  7102. 

Sustained,  defendant  discharged  7102. 

When  put  in  7096. 
Discharge  from,  when  7092. 
District  attorney  must  sign  7051. 
District  attorney  to  draw  159S. 
Embezzlement  7068. 

Error  as  to  person  injured  immaterial  7056. 
Facts  alleged  not  constituting  offense,  resub- 

mission  7188,  7189. 

Facts,  not  constituting  public  offense,  objec- 
tion, how  and  when  raised  7105. 
Failure  to  find,  dismissal  7395. 
False  pretenses,  complaint  or  indictment  for 

7067. 

Finding  and  presentment  7042.  7043. 
For  embezzlement  7068. 
For  false  pretenses  7067. 
For  forgery  7065. 
For  larceny  7068. 
For  libel  7064. 
For  perjury  7066. 
Form  7051. 

Form  and  rules  of  pleading  7048-7073. 
Found  in  wrong  county,   proceedings  7186, 

7187. 

Ignored,  resubmission  7044. 
Impeachment,  not  bar  to  335,  6893. 
Indorsed  and  signed,  how  7042. 
Judgment,  how  pleaded  7062. 
Judicial  notice,  of  what  taken  7062,  7063. 
Jurisdiction,  question  how  and  when  raised 

7105. 

Larceny  7068. 

Lewd  or  obscene  publication  7069. 
Libel  70IM. 

Motion  to  set  aside  7090-7094. 
Motion  to  set  aside,  when  heard  7092. 
Need   not  state  presumptions   or  matter  of 

judicial  knowledge  7061. 
Objections  to,  grounds  of  7090. 
Objections,  waiver  of  7091. 
Of  corporation  7408. 
Order  to  set  aside  not  bar  to  new  7094. 
Perjury,  indictment  for  7066. 
PLEA — 

After  demurrer  7104. 

Defined  7095. 

Form  of  7107. 

How  put  in  7107,  7108. 

Kinds  of  7106. 

Of  former  acquittal  7111,  7113. 

Of  guilty  by  corporation  7108. 

Of  guilty,  may  be  withdrawn  7108. 

Of  guilty,  how  put  in  7108. 

Of    not    guilty,    entered    on    defendant's 
refusal  to  make  7114. 

Of  not  guilty,  evidence  under  7110. 

Of  not  guilty,  what  evidence  admissible  on 
7110. 

Of  not  guilty,  what  issue  raised  7109. 

Refusal  to  enter  7114. 


Indictment,  plea — continued. 
When  entered  7104. 
When  put  in  7096. 

Presentment  and  filing  7046. 

Presumptions  of  law  need  not  state  7061. 

Principal  and  accessory  defined  6275,  7071, 
7072. 

Private  statute,  how  pleaded  7063. 

Prosecution  by  6999. 

Reindictment  after  arrest  of  judgment  7241. 

Setting  aside,  grounds  for  7090. 

Sufficient,  when  7059. 

Term  "indictment"  or  "information"  include 
what  6294. 

Time  of  offense  7056. 

Trial,  proof  showing  higher  offense,  suspen- 
sion, reindictment  7182,  7183. 

Twelve  to  concur  7042. 

Waiver  of  objections  7091. 

What  offenses  prosecuted  by  6854. 

What  to  contain  7050,  7052. 

When  sufficient  7059,  7060. 

When  found  6925. 

Words,  how  construed  7057. 

Words  of  statute,  not  strictly  followed  7058. 
Informal    verdict    not    to    be    recorded,    when 

7221. 

Innocence  presumed  6277,  7163. 
Inquest,  coroner's  7542-7560. 
Insane  defendant,  commitment  to  asylum  7390. 
Insane  defendant,  restored  to  sanity,  proceed- 
ings 7392. 
Insanity,  conclusion  of,  commitment  to  asylum 

7252. 

Insanity,    defense   of,    acquittal    deemed   judg- 
ment of  7217. 

Insanity,  ground  of  arrest  of  judgment  7252. 
Insanity,  inquiry  into  7271-7275,  7385-7394. 
Insanity,  trial  of,  costs  7393,  7394, 
Issue  of  fact,  how  tried  7122. 
Issue  of  fact,  when  arises  7121. 
Issue  on  plea  not  guilty  7109. 
Issues,  order  of  disposition  7126. 
INSTRUCTIONS— 

Court  to  indorse  decision  on  7200. 

Deemed  excepted  to  7230. 

Either  party  may  request  7199. 

Form  part  of  record  7230. 

Further  given  after  jury  retired  7207. 

Jury  may  ask  for  further  7207. 

Jury  may  take  on  retiring  to  deliberate  7206. 
Interpreter,  subpena  and  oath  7360. 
Intervention  to  prevent  offense  6862,  6863. 
Jeopardy,  once  in,  bar  7113. 
JUDGMENT— 

After  affirmance,  trial  court  direct  execution 
7307. 

Affirmed,  regardless  of  technical  error  7302, 
7469. 

Aggravation    or    mitigation,    circumstances 
showing,  hearing  before  7254,  7255. 

Appeal  from  7286. 

Bail   forfeited,   defendant  failing  to  appear 
7246. 

Bench    warrant,    defendant    not    appearing 
7246-7250. 

Cash  bail,  applied  on  7332. 

Certified  copy  furnished  officer  7264. 

Circumstances  of  aggravation  or  mitigation 
may  be  heard  before  7254,  7255. 


Criminal  practice 


INDEX 


2378 


Judgment — continued. 

Conviction  based  on  6858. 

Court  may  suspend  sentence  7259. 

DEFENDANT — • 

Absent,  arrest  of  7250. 

Appearance  for  7251. 

Asked  if  legal  cause  for  not  pronouncing 
7251. 

Failing  to  appear  for  7246. 

May  elect  method  of  execution  7281. 

May  show  cause  for  not  pronouncing  7251, 
7252. 

Presence  of  7245. 

Released,  suspended  sentence  7259. 

Sterilization  of,  when  6293. 
Failure   to  plea,   after  demurrer  disallowed 

7104. 

For  costs,  malicious  prosecution  7262. 
For  fine,  costs  not  to  be  deducted  3760,  7463. 
For  fine,   imprisonment  until   paid,   rate   of 

7257. 

For  fine,  lien  of  7258. 
Grounds  for  arrest  of  7238,  7252. 
How  entered  7263. 
Imprisonment,    time    of,    pardon    board    to 

determine  7261. 
Indeterminate  sentence  7260. 
Indeterminate    sentence,    pardon    board    to 

determine  time  of  7261. 
Malicious  prosecution,  appeal  from  7262. 
Malicious  prosecution,   costs  7262. 
Of  death,   statement  transmitted  to  pardon 

board  7269. 

Of  death,  suspension  of  7270-7278. 
Of  impeachment  6888-6890. 
On  demurrer  7100. 
On  plea  of  guilty,  court  to  determine  degree 

7244. 

Presence  of  defendant  7245. 
Record  of,  what  to  include  6273. 
Removal  from  office  6905. 
Rendition  of  7253. 

Reversed  for  material  error  only  7469. 
Sentence,  court  may  suspend  72o9. 
Sterilization  of  defendant  6293. 
Terms,  two  or  more  offenses  7256. 
Time  for  pronouncing  7242,  7243. 
Time  when  pronounced  7242,  7243. 
Two  or  more  offenses  7256. 
Joint  defendants,  verdict  against  one  or  more 

7220. 

JURISDICTION— 
Abduction  6915. 
Accessory  6918. 
Bigamy  6916. 
Burglary  6917. 
Concerning  animals  ranging  in  two  or  more 

counties  6914. 

Conviction  or  acquittal  in  other  county  6920. 
Conviction  or  acquittal  in  other  state  6919. 
Dueling  6910. 
Embezzlement  6917. 
Homicide  6393. 
In  state  6908,  6909. 
Kidnaping  6915,  6421. 
Larceny  6917. 
Libel  6431. 
Libel  commenced  without,  concluded  within 

state  6909. 


Jurisdiction — continued. 
OFFENSE  COMMITTED — • 

On  cars  or  vessel  6913. 

On  or  near  county  boundary  6912. 

Partly  in  two  counties  6911. 
Proceedings    against    minors    transferred    to 

juvenile  courts  741. 
Robbery  6917. 
Sending  letter  6307. 
Want  of,  jury  discharged  pending  trial  7184- 

7187. 

Juror  as  witness  7190. 
JURY— 

Acquittal  by,  judgment  for  insanity  7217. 
Adjournment    of    court    during    submission 

7211,  7212. 

Agreement  of,  return  into  court  7213. 
Call    of    jury,    part    not    appearing,    retrial 

7213. 

Charge  to  7198. 
Disagreement  7224. 

Deciding  by  lot,  ground  new  trial  7234. 
Degree  of  crime,  to  determine  7218. 
Discharge  after  verdict  7224. 
Discharged     after     deliberation,     for     what 

causes  7208. 
Discharged   after  submission,  when  may  be 

7209-7212. 

Discharged,  sickness  of  juror  7208. 
Discharged  without  verdict,  retrial  7210. 
Evidence  received  out  of  court,  ground  new 

trial  7234. 

Final  adjournment,  discharges  7212. 
Food  and  lodging,  sheriff  to  provide  7205. 
Form  of  verdict  7216. 
HOAV  polled  7223. 

Informal  verdict  not  recorded,  when  7221. 
Informal  verdict  reconsidered  7221,  7222. 
Informal    verdict,    when    deemed    acquittal 

7222. 

Instructions  and  papers,  may  take  on  retir- 
ing to  deliberate  7206. 
Instructions  to  7198. 
Judge  of  credibility  7451. 
May  be  polled  7223. 

May  return  for  further  instructions  7207. 
Misconduct  of,  ground  new  trial  7234. 
Misdirection  of,  ground  new  trial  7234. 
Must  be  kept  together  after  case  submitted 

7201. 

Not  bound  to  acquit  on  advice  of  court  7203. 
Officer  in  charge,  duties  7192,  7201. 
Panel  defined  7131. 
Reconsideration  of  verdict  7221. 
Return  to  court  after  agreement  7213. 
Room  for.  county  charge  7204. 
Room  to  be  provided  for  7204. 
Separating  without  leave,  ground  new  trial 

7234. 

Sheriff  to  provide  food  and  lodging  7205. 
Sickness  of  juror  after  submission  to  7208. 
Special  inquiry  into  sanity  by  7271. 
VERDICT — 

Acquittal    by    reason    of    insanity,    effect 
7217. 

Declaration  of  7215. 

Form  of  7216. 

Of  conviction,  must  be  specific  7222. 

Presence  of  defendant  7214. 

Read  to  7224. 


2379 


INDEX 


Criminal  practice 


Jury — continued. 

View  by  7191. 

When  may  separate  7192,  7193. 

Where  may  deliberate  on  case  7201. 
Juvenile  court  law  737-750. 
Larceny  of  animal,  trial,  evidence  7172. 
Law,  court  to  decide  7195.  7197. 
Lawful  resistance  6859-6861. 
Lieutenant-governor,     impeachment,     duty     of 

senate  6892. 

Libel,  jury  determine  law  and  fact  238,  7196. 
Limitations,  criminal  actions  6921-6926. 
Limitation,  offense  committed  before  act  effect- 
ive 6926. 
Lottery,   conducting,   or  sale  of  tickets,   trial, 

evidence  7178. 
MAGISTRATE— 

Breach  of  peace  before,  security  for  peace 
6873. 

Defined  6928,  6929,  7461. 

other  niny  act.  when  6940.  6945.  6947. 

IWers  CD  arrest  6940,  69-1.',. 

Who  an-  r,!>L".>. 

Malicious  prosecution,  judgment  for  costs  7262. 
Mark,  signature  by  7457,  74. ">s. 
Ma xi  11111:11  sentence,  court  to  fix,  when  7260. 
Minimum  sentence,  court  to  fix,  when  7260. 
MISDEMEANOR.  See  Justices  Court, post- 
Arrest  for,  duty  of  officer  6950. 

Compromise  of  7411-7413. 

Limitation   6923,   6924. 

Trial  for,  presence  of  defendant  7123. 

Trial,  jury,  number  or  waiver  711"J. 

See  Justice's  Court,  post. 
Mistake  in  charge,  resubmission  7181. 
Money  deposited  for  bail  refunded  7092. 
Motion  for  change  of  venue  7115-7120. 
Motion  for  new  trial  7232-7237. 
Motion  in  arrest  of  judgment  7238. 
Murder,  no  limitation  6921. 
Murder,  trial,  burden  of  proof  7174. 
NEW  TRIAL— 

Affidavit,  when  based  on  7235. 

Application  for,  when  made  7233. 

Court's  own  motion  7237. 

Defined  7232. 

Effect  of  granting  7232. 

For  material  error  only  7469. 

Grounds  for  7234. 

Motion  for  7233. 

Not    more    than    two,    court's    own    motion 
7237. 

Number  of,  restriction  7237. 

Order  granting  or  refusing  to  appeal  from 
7286. 

Procedure  on  7232-7237. 

Stay  of  proceedings  until  determined  7236. 

Verdict,  former  cannot  be  referred  to  7232. 

When  based  on  affidavit  7235. 
Oath  or  affirmation  7453. 
Officer  in  charge  of  jury,  duty  7192,  7201. 
Order  for  change  of  venue  7117. 
Order  of  execution,  after  affirmance  of  judg- 
ment on  appeal  7280. 
Payment  of  witnesses,  when  7357,  7358. 
Peace,  surety  to  keep,  procedure  6864-6877. 
Peace  officer  defined  6937,  7462. 
Peace  officer,  duty  on  making  arrest  6940,  6944- 

6950. 

Peace  officers,  who  are  6937. 
Peremptory  challenge  defined  7143. 


Peremptory  challenge,  how  taken  7143. 
Perjury  before  grand  jury,  evidence  of  juror 

7032. 

Perjury  by  grand  juror  7033. 
Plea  of  defendant  7095. 
Plea,    failure    to   make   after   demurrer   disal- 

lowed, judgment  7104. 
Plea  to  indictment  7106-7114. 
Polling  of  jury  7223. 
Pregnancy   of  defendant,   death   sentence  sus- 

pended 7276-7278. 
PRELIMINARY  EXAMINATION— 

Adjournment  6973,  6974. 

After  demurrer  sustained  7101. 

After  discharge  from  indictment  7092. 

Bail,  minimum  for  felony  6989. 

Bail  on  7313,  7316. 

Closed  doors,  when  6985. 

Commitment    of    defendant,    form    of   6987- 
6992. 

Commitment,  how  executed  6991. 

Counsel,  right  to  have  6970,  6972. 

Defendant,  informed  of  right  to  make  state- 
ment 6978. 

Defendant  may  become  witness  6983. 

Defendant,  statement  of,  form  and  authenti- 
cation 6983. 

Defendant,  statement,  waiver  of  cannot  use 
against  G97!>,  6!>s:i. 

Discharge,  form  of  order  6986. 

Magistrate    to    inform    defendant    of    rights 
r,!>70.  r,!)7X. 

Magistrate,  return  of  proceedings  6998. 

Of  corporation  7406,  7407. 

Statement  of  defendant  6978-6982. 

Stenographer   may   be  employed,   compensa- 
tion 6977. 

Testimony,  filed  with  clerk  of  district  court 


Testimony,  used  on  trial  or  habeas  corpus 

r,'.»77. 
WITNESS  — 

Examination  of  6977. 

Exclusion  during  examination  of  defend- 

ant or  witness  6984. 
Security  for  appearance  6993-6997. 
Subpena  for  6976. 
Without    surety,    conditionally    examined 

6997. 

Who  may  attend  6985. 
PRESENTMENT— 

Arrest,  proceedings  on  7041. 

Bench  warrant  on,  form,  issuance  and  exe- 

cution 7037-7040. 
Defined  7021. 

Finding  of,  not  to  be  disclosed  7031,  7036. 
How  found  7034. 
How  presented  and  filed  7035. 
Presumption  of  innocence  7163. 
Preventing  offenses,  means  of  6862. 
Prevention  by  intervention  6862,  6863. 
Prior  penal  offenses  not  affected  by  act  7526. 
Prisoner  may  be  witness  7349,  7363. 
Prisoner,  order  for  7459. 
Prisoner,  trial  for  other  offense  pending  term 

6818. 

Proceedings  against  corporation   7402-7410. 
Proceedings  on  arrest  7041. 
Process,  how  executed  7460. 
Property,  stolen  or  embezzled,  disposal  of  6650, 
6651,  7428,  7445-7450. 


Criminal  practice 


INDEX 


2380 


Prosecution  by  indictment  or  accusation  6999, 

7001. 
Prostitution,  crimes  concerning,  trial,  evidence 

7178. 

Public  offenses,  how  prosecuted  6854. 
Rape,  trial,  evidence  7171. 
Rate  of  imprisonment  for  unpaid  fine  7257. 
Reasonable  doubt,  acquitted  7163. 
Reasonable  doubt  defined  7164. 
Recognizance,  bail,  form  of  6941. 
Recommitment  after  bail  7340-7344. 
Reconsideration  of  verdict  7221. 
Record,  charge  or  instructions,  part  of  7230. 
Record  of  action,  what  to  include  7263. 
Refusal  to  plead  7114. 

Release  of  defendant  on  continuance  7397. 
Remittitur  from  appellate  court  7306,  7307. 
Removal  of  action  before  trial  7115-7120. 
Removal  of  action,  costs  7466. 
Removal  of  civil  officers  without  impeachment 

6894-6907. 
Removal  of  officers,  prosecution  by  accusation 

or  indictment  7000,  7001. 
Repeal,  effect  of  7526. 

Retrial,  jury  discharged  without  verdict  7210. 
Return  of  officer  on  execution  7267. 
Riots,  suppression  6862. 
Same  provisions  in  former  act  7525. 
Sanity  inquisition  7275. 
Sanity   of  defendant,   inquiry  into   7271-7275, 

7385-7394. 

Search  of  defendant  7434. 
SEARCH  WARRANT— 

Affidavit  of  probable  cause  7417. 

Defined  7415. 

Examination  before  issuing  7418,  7419. 

Form  of  7421. 

Grounds,  disputed  hearing  7431. 

Grounds  for  issuance  7416. 

Inventory  7429,  7430. 

Magistrate's  duty  7433. 

Magistrate  to  issue,  when  7420. 

Maliciously  procuring,  penalty  6741. 

Officer,  power  of  7423,  7424. 

Officer,    exceeding   authority,    penalty    6741, 
6742. 

Probable  cause  must  exist  247,  7417-7419. 

Property  restored,  when  7432. 

Property  taken,  disposal  7428. 

Receipt  for  property  7427. 

Return  and  inventory  7429. 

Service  of  7422-7425. 

Service  in  daytime,  exception  7425. 

Time  of  service  7425-7426. 

Using  unnecessary  in  serving,  penalty  6742. 
Second  prosecution  6856,  6919,  6920. 
Secret  offenses,   limitation  6924. 
Security  to  keep  peace  6869-6870. 
Seduction,  trial,  evidence  7177. 
Sentence  of  death,  suspension  of  7270-7278. 
Sentence,  minimum  or  maximum,  court  to  fix 

when  7260. 
Sentence,    second    conviction,    when    to    begin 

6818. 

Setting  aside  indictment  7090-7094. 
Sheriff,  summon  special  grand  jury  7017-7019. 
Sheriff  to  bring  any  prisoner  on  order  7459. 
Signature  by  mark  7457,  7458. 
Sodomy,  trial,  proof  7171. 
Special  grand  jury  7016-7019. 
State's  witness  7168. 


Stay  of  execution  pending  appeal  7294. 

Stay  of  proceedings  on  motion  for  new  trial 

7236. 
Stenographic  report  of  testimony  used,   when 

7455. 

Stolen  property,  sale  of,  when  7449. 
SUBPENA— 

Books  and  papers  7354. 

Clerk  to  issue  blank  to  defendant  7352. 

Defined  7348. 

Disobedience  of  7361,  7364. 

For  interpreter  7360. 

Form  of  7353,  7354. 

Service  and  return  7355,  7356. 

Who  may  issue  7349-7352. 

Who  may  serve  7355. 

Substantial  rights  only  considered  7302,  7469. 
Summons  to  corporation  7402-7409. 
Superseding  of  act,  not  bar  to  crime  committed 

7468. 

Surety  to  keep  peace,  procedure  6864-6877. 
Suspended  sentence  7259. 
Technical  errors,  disregarded  7302,  7469. 
Terms  defined  7457. 

Terms  of  imprisonment,  two  or  more  convic- 
tions 6303,  7256. 

Testimony  taken  by  commission  7365-7384. 
Time  of  commencing  actions  6921-6926. 
TRIAL— 

Abortion,  testimony  corroboration  7177. 

Accomplice,  testimony  of,  corroboration  7180. 

Acquittal,  court  may  advise  7202. 

Animal,  brand  prima  facie  proof  of  owner- 
ship 7172. 

Argument  of  counsel  7159,  7162. 

Attempt,  jury  may  convict  for  6290,  7219. 

By  jury  7122. 

Calendar  and  disposition  of  7125,  7126. 

Calendar,  clerk  to  prepare  7125. 

Calendar,  how  prepared  7125. 

Calendar,  issues  on,  order  of  disposal  7126. 

Change  of  place  of  7115-7120. 

Charge,  before  argument,  when  7159. 

Charge  to  jury  7159,  7198. 

Clerk  to  prepare  calendar  7125. 

Clerk  to  read  indictment  and  state  plea  7159. 

Commitment  of  defendant  pending  7202. 

Conduct  of  jury  7204-7212. 

Conspiracy,  evidence,  overt  act  7173. 

Continuance  7128. 

Continuance  from  time  to  time  7397. 

Continuance,  release  of  defendant  7397. 

Continuance    of    lesser    degree    or    attempt 
6290,  7219. 

Corporate  existence,  proof  of  7176. 

Corroboration  of  accomplice  7180. 

Counsel,  argument  of  7159. 

Counterfeiting,  expert  testimony  7175. 

Court  may  advise  acquittal,  province  of  jury 
7203. 

Court  to  decide  law  7195,  7197. 

Crime  against  nature,  proof  necessary  7171. 

Decision    on    instructions,    court   to   indorse 
7200. 

DEFENDANT — 

Discharged    to    become    witness,    bar    to 

further  prosecution  7170. 
Discharged    to    become   witness    for   state 

7168. 

Discharged  to  be  witness  for  codefendant 
7169. 


2381 


INDEX 


Criminal  practice 


Trial,  defendant — continued. 

May  be  committed  though  on  bail  7202. 
May  except  to  law  given  by  court  7197. 
May  testify  on  own  behalf  7160. 
Time  to  prepare  for  7127. 
Dismissal,  failure  to  proceed  with  7396. 
District  attorney,  opening  statement  7159. 
Evidence,  brand  of  animal,  prima  facie  proof 

of  ownership  7172. 

Failure  to  proceed  with,  dismissal  7396. 
False  impersonation,  evidence  7179. 
False  pretenses,  evidence  sufficiency  7179. 
For  felony,  defendant  present  7123. 
For    misdemeanor,    presence    or    absence    of 

defendant  7123. 

Forgery,  expert  testimony  7175. 
Forgery,  proof  7175. 
Homicide,  burden  of  proof  7174. 
In    defendant's    absence,    ground    new    trial 

7234. 

Indictment  against  several,  one  or  more  con- 
victed or  acquitted  7071. 
Indictment  not  charging  public  offense,  dis- 
charge or  resubmission  7188. 
Innocence,  presumption  of  7163. 
INSTRUCTIONS — 

Before  argument,  when  7159. 
Either  parly  may  request  7199. 
Inference  of  guilt  not  drawn  from  defend- 
ant failing  to  testify  7161. 
Requested    court    to    indorse    decision    on 

7200. 

To  jury  7159,  7198. 
Issue  of  fact  7121,  7122. 
Joint  defendants,  discharge  of  one  to  become 

witness  7168,  7169. 
Joint    defendants,    separate    or    joint    trial 

7167. 
Jurisdiction    in    other    county,    proceedings 

7186. 
Jurisdiction,  want  of,  jury  discharged  7184, 

7187. 
JUROR  AND  JURY — 

Challenge  to  Individual  Juror — 
Actual  bias  defined  7147. 
Before  juror  sworn  7140,  7142. 
Court  to  allow  or  disallow  7155. 
Defendant  informed  of  rights  as  to  7140. 
Denial  of.  trial,  witnesses  7152-7154. 
For  actual  or  implied  bias,  how  taken 

7150. 

For  cause,  by  defendant  first  7156. 
For    cause,    each    party    must    exhaust 

7156. 

For  cause,  general  7146. 
For  cause,  general  or  particular  7145. 
For  cause,  order  of  taking  7157. 
For  cause,  particular  7147,  7148. 
For  implied  bias,  grounds  for  7148. 
Exception  to,  denial  of  and  trial  of  7151. 
Exemption  not  ground  for  7149. 
Grounds  for,  implied  bias  7148. 
Implied  bias  defined  7147. 
Implied  bias,  grounds  for  7148. 
Joint  defendants  must  join  in  7130. 
Kinds  7129,  7141. 
May  be  oral  7150. 
Number  of  peremptory  7144. 
Opinion    founded    on    rumor    or    public 
press  7150. 

150 


Trial,  juror  and  jury — continued. 

Order  of  taking,  for  cause  7157. 
Order  of  taking,  peremptory  7158. 
Peremptory,  defined  7143. 
Peremptory,  how  taken  7143. 
Peremptory,  number  allowed  7144. 
Peremptory,  order  of  taking  7158. 
When  to  be  taken  7140,  7142. 
Challenge  to  Panel — 
Amendment  to  7136. 
Bias  of  officer  summoning  7138. 
By  joint  defendants  7130. 
Defined  7132. 

Denial  of,  court  to  try  question  7137. 
Effect  of  allowing  or  disallowing  7138. 
Exception  to,  court  to  try  7135. 
Exception  to,  how  taken  7135. 
Exception,  withdrawal  of  7136. 
For  bias  of  officer  summoning  7138. 
Grounds  for  7133,  7138. 
Joint  defendants,  must  join  in  7130. 
Kinds  7129,  7141. 
When  and  how  taken  7134. 
Charge  to  7159,  7198. 
Conduct  after  submission  to  7204,  7212. 
Denial   of   challenge,   court   to   try   7137, 

7152,  7154. 
Exemption,  for  what  allowed  3356,  4016, 

4612,  4932,  4941. 

Exception  to  challenge,  court  to  try  7135. 
Exception  to  challenge,  how  taken  7135. 
May  or  may  not  separate  7192,  7193. 
Must    be    kept    together    after    case    sub- 
mitted 7201. 
Panel   defined  7131. 

Permitted  to  separate,   admonished  7193. 
Sickness  of  7194. 
To  decide  fact  7197. 
Trial  of  challenge  7137,  7138. 
Verdict  (see  Verdict,  post)  7218-7226. 
View  by  7191. 
Waived,  when  7122. 
Where  may  deliberate  7201. 
Witness  may  be  7190. 
Lesser  degree,   jury  may   convict  for  6290, 

7219. 
Libel,    jury    determine    law    and    fact    238, 

7196. 
Lottery  conducting  or  sale  of  tickets,  proof 

7178. 
Larceny,  cattle,  brand  prima  facie  proof  of 

ownership  7172. 

Misdemeanor.     See  Justice's  Court,  post. 
Mistake  in  charge,  resubmission  7181. 
Murder,  burden  of  proof  7174. 
New.     See  New  Trial,  supra. 
Order  of  7159. 

Opening  statement  of  counsel  7159. 
Postponement,  when  and  how  ordered  7128. 
Postponement,  witnesses,  deposition  of  7128. 
Presumption  of  innocence  7163. 
Proof  of  corporate  existence  7176. 
Proof  shows  higher  offense,  suspension,  rein- 

dictment  7182,  7183. 

Prostitution,   testimony  corroboration  7178. 
Public   offense   not   stated,   jury   discharged 

7184. 

Question  of  sanity  7271,  7388. 
Rape,  proof  necessary  7171. 
Reasonable  doubt,  acquittal  7163. 
Reasonable  doubt,   defined  7164. 


Criminal  practice 


INDEX 


2382 


Trial,  juror  and  jury — continued. 

Reasonable  doubt,  definition  no  other  given 
71 G5. 

Reasonable  doubt  as  to  degree  7160. 

Sanity,  question  of  7271,  7388. 

Seduction,  testimony  corroboration  7177. 

Separate  or  joint  7167. 

Sickness  of  judge  or  juror  7194. 

Sodomy,  proof  necessary  7171. 

State's  witness  7168. 

Stayed  pending,  testimony  by  commission 
7372. 

Suspended  pending  indictment  for  higher 
offense  7182,  7183. 

Suspended  until  sanity  determined  7387. 

Testimony,  on  preliminary  examination, 
used  in  6977. 

View  by  jury,  duty  of  officer  7191. 
Unnecessary  restraint  6857. 
VENUE— 

Change  of,  application  for  7116. 

Change  of,  authority  of  court  7120. 

Change  of.  clerk  to  transmit  record  7118. 

Change  of,  custody  of  defendant  7119. 

Change  of,  grounds  for  7115. 

Change  of,  order  for  7117,  7118. 

Charge  of  kidnaping  6421. 

Prosecutions  for  libel  6431. 

Sec  Jurisdiction,  supra. 
VERDICT— 

Against  joint  defendants  7220. 

Any  offense  included  in  charge  7219. 

Contrary  to  law  or  evidence,  ground  new 
trial  7234. 

Conviction  based  on  6858. 

Decided  by  lot,  ground  new  trial  7234. 

Degree  of  crime  7218. 

Discharge  of  jury  7224. 

Former  cannot  be  referred  to  on  new  trial 
7232. 

Informal,  when  deemed  acquittal   7222. 

May  be  for  an  attempt  7219. 

Of  acquittal,  defendant  discharged  7225. 

Of  conviction,  defendant  committed  7226. 

Read  to  jury  7224. 

Recorded  7224. 

When  may  be  reconsidered  7221. 
View  by  jury  7191. 
WARRANT  OF  ARREST— 

Directed  to  whom  6936,  6938. 

From  justice's  court  7473. 

Form  6933-6936,  6948. 

Magistrate  to  issue,  when  6930,  6932. 

Magistrate  may  issue  6928. 

Name  of  defendant  unknown  6935. 

New,  when  may  issue  6940. 

Officer  serving  return  schedule  of  property 
taken  from  prisoner  6651. 

Peace  officer,  schedule  of  property  taken 
from  person  arrested,  returned  on  warrant 
6651. 

Release  on  bail  certified  on  6943. 

Where  executed  6936,  6939. 
What  deemed  excepted  to  7229-7231. 
Withdrawal  plea  of  guilty  7108. 
WITNESS— 

Against  self  237,  6857,  7161,  7451. 

Attendance  out  of  county,  order  for  7359. 

Bond  for  appearance,  forfeiture  7362. 

Codefendant  as  7451. 

Commission  to  take  testimonv  7367. 


Witness — continued. 

Compelling  attendance  of  7348-7364. 

Competency  of  7451. 

Credibility  of  for  jury  7451. 

Defendant  as  7456. 

Defendant  may  become  7160. 

Defendant,    refusal    to    be,    not    prejudicial 

7456. 

Deposition  of  7365-7384. 
Deposition  of  read  by  either  party   ioo4. 
Examination  on  commission  7365-7384. 
Husband  or  wife  against  other  7452. 
Indians  may  be  in  liquor  cases  7530,  7531. 
Interpreter  7360. 
Juror  may  be  7190. 
Oath  or  affirmation  7453. 
Of  defendant,  when  to  testify  6983. 
Prisoner  as  7459. 
Prisoner  may  be  7349,  7363. 
Refusal  to  be  sworn  or  testify  7361. 
Rules  same  as  civil  case  7454. 
Stenographic  report  of  testimony,  when  may 

be  used  7455. 
Subpena  for  7348-7364. 
Testimony     of     on     commission,     procedure 

7365-7384. 

When  may  be  paid  7357,  7358. 
Words,  defined  7457. 

Justice's  Court 

Prosecutions  for  Misdemeanor 
Acquittal,    malicious   prosecution,    costs    7501, 

7502. 

Action,  how  commenced  7471. 
Affidavits,  entitlement  7522. 
Arrest  of  judgment,  grounds  7494,  7496. 
APPEAL  TO  DISTRICT  COURT— 

Bail,  pending  7515. 

Complaint,  dismissal  on.  grounds  7517. 

Dismissal,  grounds  7516. 

Judgment  and  execution  7518. 

Justice  to  transmit  record  7514. 

Notice  of  75^3. 

Plea,  anew  7518. 

Record  on  7514. 

Right  of  7286. 

Stay  of  proceedings  7513. 

Trial  anew  751(5. 

Trial,  procedure  7518. 

When  to  be  taken  7512. 

Witnesses,  bond  of  or  testimony  7515. 
Bail,  generally  7308-7347,  7520. 
Bail,  pending  postponement  of  judgment  7498. 
Bail  or  deposit,  forfeiture  7510. 
Complaint,  form  and  sufficiency  7471.  7472. 
Complaint  read  to  defendant  7475. 
Constable,  when  may  be  deputed  7524. 
Contempt  7519,  7521. 
Costs,  judgment  for  7499. 
Costs,  malicious  prosecution  7501.  7502. 
Costs,  not  to  be  deducted  from  fine  3760,  7463. 
Court  to  decide  law  7487. 
Defendant  discharged,  when  7481,  7505. 
Defendant,  failing  to  appear  for  judgment  7511. 
Defendant,  presence  of  7482. 
Demurrer,  grounds  of  7480. 
Demurrer,  sustained,  new  complaint  7481. 
Docket  7474. 
Evidence  in  public  7486. 
Entitling  affidavits  7522. 
Execution  of  judgment,  duty  of  officer  7507. 


2383 


INDEX 


Dead  body 


l-Vrs.   recovered  ;is  costs  7465. 

Fine,  how  enforced  7503. 

Fine.  imprisonment  in  lieu  of  75(M). 

Fine,  paid  to  city  treasurer  750X.  75O9. 

Forfeiture  of  bail  or  deposit  7510. 

Grounds  for  arrest  of  judgment  740<>. 

(irornds  for  new  trial  7405. 

(Jravity    of  offense,   examination   to   determine 

7477. 

Higher  offense,  examination  for  7477. 
Imprisonment,  how  executed  75O7. 
JUDGMENT— 

Actiuittal  or  fine  only,  defendant  discharged 
750.".. 

Fine,  how  enforced  7503. 

Fine,   imprisonment    in   lieu  of  7500. 

Fine  or  imprisonment,  costs  741)0. 

Fine,    costs   not    to   he   deducted    from   3760, 
74<;:'>. 

Imprisonment,  how  executed  75»>7. 

Imprisonment  until  line  paid  75<M». 

Pronounced,   when   7407,   740s. 

Several  defendants  7401. 

When   entered    751  1. 
Jurisdiction  l\'2:\.  4X51.  7470. 
Jury  trial  74s:5-740:5.      Nrr  Trial.  i>ost. 
Maliciors  prosecution,  costs  751 H.  75(  rj. 
Motion    for    new    trial    or    arrest    of   judgment 

7494. 

Name  of  defendant    7 175. 
New  trial,  grounds  7404.  7405. 
Oliicer  executing  judgment,  duty  75O7. 
Plea,  how  entered  7477. 
Plea,  kinds  of  7475.  7476. 
Preliminary   examination  <;07<M;OOS. 
Questions  of  law  and  fact,  how  decided  7487. 
Retrial,   jury  discharged   7lO.'I. 
Subpena.  form  7510. 
TRIAL— 

Defendant    discharged,   when   75O5. 

Form  of  verdict  740O. 

Jt  KY 

Challenge,  trial  of  7486. 

D-liherat'ion  of  74^. 

Discharged,  retrial  7493. 

Formation  of  71 LM. 

Numl>er.  how  summoned  7122.  7483. 

Oath  of  74X5. 

Oath  of  officer  in  charge  7488. 

To  decide  fact  74x7. 

To  sit  together  7486. 

Verdict,  entry  74X0. 

Waiver  of  7122. 

When  discharged  7401'. 
Oath  of  officer  in  charge  of  jury  7488. 
Postponement  for  cause  7479. 
Presence  of  defendant  7482. 
Retrial,  jury  discharged  7493. 
Several  defendants,  verdict,  judgment  7491. 
VKKDICT — 

Entry  of  74S9.  7504. 

Form  of  7490. 

Several  defendants  7401. 
When  to  begin  7478. 
Waiver  of  jury  7122. 

Warrant  of  arrest,  failure  to  appear  for  judg- 
ment 7511. 

Warrant  of  arrest,  form  7473. 
Witnesses  7519. 
Witnesses,  competency  7523. 


Criminal,  anarchy,  penalty  6613-6618. 

Contempt,  penalty  2834,  6368. 

Literature,  selling  or  giving,  penalty  6461. 

Negligence,  when  element,  penalty  6271. 

Process,  service  on  government  land  1949. 
Criminal  cases,  amounting  to  felony,  supreme 
court    has    appellate   jurisdiction   (Nev. 
Const,  art.  vi,  sec.  4)  319. 

District  court  has  jurisdiction  when  not 
otherwise  provided  (Nev.  Const,  art.  vi, 
sec.  m  321. 

Crop,  growing,  mortgaged,  how  1080. 
Cross-complaint,  against  codefendant  in  civil 

action  5052. 
Cross-demands,  when  compensated  as  far  as 

equal  5049. 
Cross-interrogatories,    for  taking  deposition 

out  of  state  5460. 
Cross-references,  to  constitutional  provisions 

relating  to  civil  practice  4943,  pp.  1432, 1433. 
Crossings,  to  be  made  and  kept  in  repair  by 

party  obtaining  right  of  way  under  eminent 

domain  5626. 

Cruelty,  consent  of  parent  adjudged  guilty  of 
or  divorced  for,  when  not  necessary  on 
adoption  of  child  5si's. 

Extreme,  as  affecting  division  of  community 
property  upon  decree  of  divorce  2166. 

Extreme  is  ground  for  divorce  5838. 

To  animals  794(70),  1378-1380,  6815. 

To  apprentice,  master  or  mistress  liable  in 

damages  491. 

Cruel  punishment,  not  to  be  inflicted  235. 
Culverts,  on    right   of   way  obtained   under 

eminent  domain  to  be  kept  in  repair  5626. 
Cumulative  voting,  corporate  elections  1223. 

See  Corporations. 
Curlew,  closed  season  for  2089. 
Currency,  restrictions  on  paper,  circulating 

as  34:5'. 
Custodian  of  state  armory,  adjutant-general 

is  39:5:;. 
Custodian  suffering  prisoner  to  escape, penalty 

1657,  6341. 

Custody,  change  of  may  order  on  habeas  cor- 
pus 6251. 

Of  jury  5208,  5213.     See  Jury. 

Of  ballots  1795. 

Customs  of  mining  districts  4951. 
Cutting  timber  unlawfully,  penalty  2114-2116. 


Damage,  injury  or  destruction  of  property, 

penalty  6752-6754. 
Damages.     See  Civil  Practice. 
Dams  and  aqueducts,  injury  to,  penalty  6757. 
Dams,  eminent  domain  lies  for  purpose  of 

building  5606. 
Dangerous    excavations,    failure    to    fence, 

liability  3235-3237. 

Dangerous  exhibitions,  penalty  6590. 
Dangerous  or  vicious  animal  causing  death, 

when  manslaughter,  penalty  6407, 
Days,    nonjudicial,  what   business    allowed, 

""Tailing  on  Sunday,  Monday  observed  4870. 

When  excluded  in  computation  of  time  5482. 
Daytime,  denned  6294(19). 
Dead  body,  attachment  or  detention  of  6476. 

Burial    of  without    certificate    or    permit, 
penalty  2962,  2972,  6549,  6550. 

Burial  or  cremation  of  6474. 


Dead  body 


INDEX 


2384 


Dead  body— continued. 

Burial  permit,  what  to  contain  2962. 

City  regulations  794(58). 

Disinterment,  permit    for,   commissioners 
may  issue  6553. 

Duties    of    undertaker   2960.     See   Public 
Health,  Board  of  Embalmers. 

Person  accompanying,  obstruction  or  deten- 
tion of  6476. 

Removal,  commissioners  may  permit  6553. 

Kern  oval  without  authority  2972,  6475. 

Stealing  or  receiving  unlawfully  6475. 

Unlawful  dissection  6473. 

Unlawful  removal  or  interference  with  6814. 
"Dead    timber"    in    mines,  when    must    be 

removed  4213. 
Deadly  weapon,  or  instrument,  setting  of  6567. 

Peace  officer,  use  of  by  6439. 

Unlawful  use  or  exhibition  of  6439. 
Deaf,  dumb  and  blind,  authority  to  receive 
in  institution  1703. 

California  or  Utah  institutions,  may  be  sent 
to  1702. 

County  commissioners  to  investigate   and 
apply  for  1703,  1704. 

Education  and  support  1702-1704. 

Expenses,  state  charge,  when  1704. 

Institutions    for   benefit   of,  legislature   to 
foster  365. 

Intelligent  aid  to  1704. 

Petition  by  parent,  relative,  friend  or  guard- 
ian 1703. 

Superintendent  of  public  instruction,  duties 
as  to  1702-1704. 

Who  entitled  to  benefits  of  act  1704. 
Death,  action  not  to  abate  because  of  5004. 
See  Civil  Practice. 

By  wrongful  act,  action  for  4996,  4997,  5647, 
5648. 

By  wrongful  act,  insurance  not  bar  to  re- 
covery 5652. 

By  wrongful  act,  judgment  exempt  from 
debts  5648. 

Certificate  of  2958-2960,  2971,  2985. 

Failure  to  record,  penalty  2986. 

False  certificate  of,  penalty  2987. 

Limitation  of  action  for  4967. 

Of  workman ,  employer  liable  for,  when  1915 , 
1925,  5650.     See  Employer  and  Employee. 

Registration  of,  in  cities  794(58). 
Death  certificate.     See  Public  Health. 

Altering  of  2972. 

Carrier  shipping  without  2972. 

Certified  copies  issued  by  state  board  of 
health  2971. 

Failure  to  record  2986. 

Physician  failing  to  issue  or  issuing  false 
2972,  2987, 6551. 

Recorded,  to  be  2985. 

Regulations  regarding  2958. 

Where  no  medical  attendance  2959,  2960. 
Death  of  minor  child  or  ward,  action  for  4996, 

4997,  5647,  5648. 
Death  of  party  to  action,  substitution,  D.  C. 

rule  ix,  p.  1423. 
Death  penalty.    See  Crimes  and  Punishment. 

Inflicted  by  hanging  or  shooting  7281. 

Suspension  of  7270-7278. 

Warrant  for,  form  and  contents  7268. 

What  crimes  may  be  imposed  for  6352,  6386, 
6413,  6422,  6442,  6572,  6573,  6625,  6819. 


Death  warrant,  form  and  contents  7268. 
Debates  and  proceedings  on  adoption  of  con- 
stitution, publication  of  410. 
Debt.    See  Civil  Practice,  Estates  of  Deceased 
Persons. 

Due  another,  surety  may  bring  action  to 
compel  payment  5479. 

Exemption  of  property  for,  legislature  to 
provide  243. 

Evidences  of,  when  included  in  words  "  per- 
sonal property"  and  "property"  5475. 

Imprisonment  for,  forbidden  243. 

Of  counties  or  cities,  state  not  to  assume  351. 

Of  state,  limitations  on  350,  391. 

Of  territories,  state  to  assume  391. 

Payable  in  installments  secured  by  mort- 
gage or  lien,  how  property  may  be  sold 
to  satisfy  5503. 

Restriction  of  power  of  cities  and  towns  to 

contract  345. 

Debtor,  fraudulently  removing,  conveying  or 
concealing  property  with  intent  to  de- 
fraud creditors,  penalty  6701,  6702.  See 
Civil  Practice. 

Privileges  of  243. 
Deceased  persons,  jurisdiction  of,  estates  of 

321, 4840, 4849.  See  Estates  of  Deceased  Per- 
sons. 
Decisions.     See  Civil  Practice. 

District  judge  may  sign  in  any  part  of  state, 
clerk  to  enter  4922. 

Of  supreme  court,  concurrence  of  majority 
of  justices  necessary  (Nev.  Const.)  317. 

Of  supreme  court,  not  effective  until  opin- 
ions filed  with  clerk  (Nev.  Const.)  376. 

Of  supreme  court,  to  be  published  4481. 

To  be  in   accordance    with  common  law, 

when  5474. 
Declaration,  false,  when  deemed  perjury  5448. 

Included  in  oath  5475. 

Of  independence  65-70. 

Of  intention  for  naturalization  2525. 

Of  rights,  article  on  in  state  constitution 

230-249. 

Decree.     See  Civil  Practice. 
Deed.     See  Conveyances. 

Conveying  homestead  may  be  authorized 
by  court  and  recorded  when  wife  insane 
2146,  2147. 

Derived  from  sale  of  real  property  for  delin- 
quent taxes  conclusive  evidence  of  title, 
possession  recoverable  in  justice's  court 
3666. 

Invalid,  local  or  special  law  giving  effect  to, 
invalid  (Nev.  Const,  art.  iv,  sec.  20)  278. 

Lost  or  destroyed,  validated  5639. 

May  be  made  by  successor  of  officer  mak- 
ing sale  of  real  estate  for  delinquent 
taxes  or  under  execution  or  order  of  sale 
1662,  1663. 

Of  sheriff,  executor,  administrator,  guard- 
ian, assignee,  receiver,  trustee  or  com- 
missioner, when  prima  facie  evidence  of 
regularity  of  sale  when  record  lost  5631. 

Of  sheriff  under  execution  sale  and  subse- 
quent redemption,  who  entitled  5301. 

Or  other  writing  fraudulently  or  maliciously 
injuring  or  destroying,  penalty  6671. 

Recorded  in  office  of  county  recorder  im- 
parts notice  1093. 


2385 


INDEX 


Detainer 


Deed — continued. 
To  include  all  property  sold  for  taxes  bid 

in  by  county  treasurer  8669. 
To    lot   in    federal    townsite,  execution  of 
after   trial   of   adverse   claim  in  district 
court  1984. 

To  lot  in  federal  townsite,  when  to  be  made 
to  guardian  or  trustee  of  minor  or  insane 
person  1986. 

Under  tax  sale  by  treasurer  not  prima  facie 
evidence  of  title  in  purchaser  when  record 
destroyed  563 1 . 

Deed  of  trust  lost  and  restored,  limitation  5638. 
Sale  for  taxes  on  3787. 
Taxes  are  lien  3786,  3788. 
Deeds,  commissioners  of  1000-1004.  See  Com- 
missioners of  Deeds. 
Deer,  open  season  for,  limit  2093,  2094. 
Defacing  or  destroying  legal  proclamations  or 

notices  6674. 
Defacing  or  obliterating   marks  or  brands, 

penalty  6640. 
De  facto  officer,  action  for  seizure  of  property, 

limitation  4967. 

Defalcation  of  public  officer,  operates  as  dis- 
qualification for  office  268. 
Default.     See  Civil  Practice. 
Against  additional  parties  brought  in  by 

the  court  5008. 
If  made,  to  be  entered  in  justice's  court 

docket  5800. 

If  opposing  party  does  not  appear,  moving 
party  entitled  to  have  motion  decided  in 
district  court,  D.  C.  rule  xi,  p.  1427. 
In  mandamus  proceedings,  judgment  not 

to  be  entered  without  hearing  5698. 
Judgment  maybe  rendered  againstclaimant 

in  garnishment  proceedings  5180. 
Judgment  may  be  taken  by,  in  action  for 

delinquent  taxes  3665. 
Judgment  upon,  how  entered  5236. 
Judgment  upon  in  justice's  court  5754, 5755. 
May  be  set  aside  when  taken  through  mis- 
take or  neglect  5084. 

When   plaintiff   may  apply    for   relief  de- 
manded in  complaint  5236. 
Defective  articles  of  incorporation  validated 

1185.     See  Corporations. 
Defective  verdict,  procedure  5219. 
Defendant,  civil.     See  Civil  Practice. 
Defendant,  criminal.     See  Criminal  Practice. 
Defendant,  insane,  criminal  action,  inquiry 

as  to  sanity  7271-7275,  7385-7394. 
Rights  of  in  criminal  action  6855, 6858.    See 

Criminal  Practice. 
Defense.     See  Civil  Action. 
Deficiencies,    in    appropriations,    board    of 

examiners  to  authorize  4466-4467. 
Tax  to  be  levied  to  coyer,  when  349. 
Definitions  in  civil  practice  act  5475. 
Definitions  in  crimes  act  6266,  6291,  6294. 
Definitions  in  criminal  practice  act  7457. 
Defrauding    hotel,  inn,  restaurant,  boarding 

or  lodging-house  6726. 

Degrees  and  diplomas  conferred  by  univer- 
sity 4645. 
Degree  of  guilt,  court  to  determine  on  plea  of 

guilty  7244. 

Reasonable  doubt,  rule  6277,  7166. 
Degrees  of  kindred,  how  computed  6119. 


Delinquent  child,  defined  73(5. 
Delinquent  person,  defined  728. 
Delinquent  tax  sales  3865.     See  Civil  Prac- 
tice, Revenue. 
Delinquent    tax   suit.      See    Civil    Practice, 

Revenue. 
Costs   in,  not  chargeable  against   city  or 

town  999. 
Delinquent  taxes,  adjustment  by  treasurer  of 

accounts  with  auditor  3862,  3863. 
Demand.     See  Civil  Action. 
Against  state,  incurred  when  its  liabilities 

exceed  $300,000,  void  350. 
Exceeding  $300  exclusive  of  interest,  dis- 
trict court  has  jurisdiction  321. 
Exceeding  $300  exclusive  of  interest,  not  to 

be  tried  in  justice's  court  323. 
Exceeding$300exclusiyeof  interest, supreme 

court  has  appellate  jurisdiction  319. 
Demurrer.    See  Civil  Practice,  Criminal  Prac- 
tice. 
Civil  action,  district  court,  to  answer  5053- 

5066. 
Civil    action,  district   court,  to  complaint 

5040-5045. 
Civil  action,  justice's  court  5736, 5737, 5740, 

5741,  5743. 

To  indictment  7095-7105. 
Denial.     See  Civil  Practice. 
Dental  examiners  4427-4444.     See  Board  of 

Dental  Examiners. 
Dentistry,  practicing  without  license,  penalty 

4427.     See  Board  Dental  Examiners. 
Departments  of  government,  functions  to  be 

separate  258. 

Departure  from  state,  with  intention  to  defraud 
creditors,  when  defendant  may  be  arrested 
in  civil  action  in  district  court  5088;  in  jus- 
tice's court  5744. 
Dependent  child,  bond  to  secure  support  of 

759,  760. 
Defined  728. 

Dependents,  of  injured  employee,  effect   of 
compromise  of  claim  under  employers'  lia- 
bility act  1928. 
"Depose,"  includes  every  written  statement 

under  oath  or  affirmation  5475. 
Deposit.     See  Civil  Practice. 
Depositions,  civil  action,  witnesses  within  state 

5454-5457. 
Witnesses    without    state    5458-5463.     See 

Civil  Practice. 
Criminal    action,  for  defendant  7365-7384, 

7414. 

Notary  public  may  take  2750. 
Deputy  superintendents  of  public  instruction 

3245-3254.     See  Public  Schools. 
Descents  and  distribution6116-6125, 6140, 6141. 
Desert  land  laws  3150-3162.  See  Public  Lands. 
Desertion,  of  wife  or  child,  penalty  6446. 
Wilful  for  one  year  is  ground  for  divorce 

5838. 

Destruction,  alteration    or   concealing   mes- 
sages, papers  or  instruments,  with  intent 
to  injure,  penalty  6712. 
Of  building  by  explosive,  penalty  6572, 6573. 
Of  property  by  unlawful  assembly,  penalty 

6612. 

Of  public  records,  penalty  2817,  6344,  6345. 
Detainer.     See  Civil  Practice. 
Forcible  entry  and,  action  for  5585-5605. 


Detainer 


INDEX 


2386 


Detainer— continued. 

Forcible  entry  and,  action  for,  district  court 

has  jurisdiction  321. 
Detectives.     See  State  Detectives. 
Detention  home,  establishment  and  mainte- 
nance of  734,  742. 
Development  of  Carey  act  land  3088.     See 

Public  Lands. 
Device  for  gambling,  penalty  for  having  or 

playing  6518,  6520. 
Devise,  executory,  to  be  alleged  in  complaint 

in  action  for  partition  5528. 
Dice,  playing  with,  when  deemed  gambling, 

penalty  6518. 
Diligence,  due  must  be  shown  in  affidavit  for 

continuance  5202. 

In  obtaining  testimony  must  be  showrn  to 
obtain  postponement  of  trial  in  civil 
action  in  justice's  court  5759. 
Must  be  shown  to  obtain  postponement  of 
trial  for  nonreturn  of  deposition  taken 
out  of  state  5462. 

To  be  exercised  in  ascertaining  residences 
of  defendants  in    actions    to  determine 
adverse  claims  to  real  property  5523. 
Diminution  of  record  on  appeal  to  supreme 
court,  objections  to  transcript  or  papers, 
how  noted  and  corrected,  S.  C.  rule  viii, 
p.  1423. 

Diploma  for  practice  of  medicine,  surgery, 

and  obstetrics,  applicant  has  right  to  appeal 

to  courts  from  decision  of  board  of  medical 

examiners  2365. 

Dipsomaniac,   sale  of  liquor  to  6523,   6836- 

6838. 

Director,  of  corporation,  district  judge  may 
act  in  relation  to  removal  and  election  of 
1179. 

Of  corporation,  judgment  of  ouster  5568. 
Of  corporation  liable  in  damages  for  mak- 
ing false  report  1175. 

Of  corporation,  when  has  right  to  be  pre- 
ferred in  appointment  of  receiver  1195. 
Directors,  and  officers  of  corporation,  district 
judge  has  revisory  power  over  election  of, 
may  order  new  election  1130. 
And  officers  of  corporation,  district  judge 
may  act  in  relation  to  removal  and  elec- 
tion of  1179-1182. 

Declaring  dividend  when  railroad  company 

insolvent  liable  for  payment  of  debts  3568. 

Liability  of  on  dissolution  of  corporation  in 

quo  warranto  5578. 
Limitations  of  action  against  for  penalty  or 

forfeiture  4984. 

Disability  or  sickness  of  justice  of  the  peace, 
other  justice  maybe  called  to  act  4926,  5811. 
Disbarment  of    attorneys    511-524.     See  At- 
torneys. 

Disbursing  officer,  if  fee  or  salary  of  public 

officers  garnished,  may  pay  into  court  5122. 

Discharge  from  arrest  in  civil  action  51 14, 5122. 

Discharging  firearms,  when  unlawful,  penalty 

6569,  6570. 
Disclosing  transactions  of  grand  jury,  penalty 

6374,  7031. 

Discounting  labor  time  checks,  when  unlaw- 
ful, penalty  6788-6790. 

Diseased  animals,  carcasses,  disposition  of 
4381. 


Diseased  animals — continued. 
Exposing  6530-6532. 
Not  to  be  sold,  when  2988-2990. 
Prohibited  from  entering  state  2988-3003. 
Quarantined,  may  be  2269-2271,  4380,4588, 
4591,  4595.  See  Live  Stock,  Public  Health. 
Diseased  meats,  poultry,  game  or  fish,  sale  or 
exposure  for  sale,  penalty  2988-3003,  6535. 
Diseased  sheep,  permit  to  "move  4598.     See 

Sheep.       . 

Diseases.     See  Public  Health. 
Diseases,  spreading  among  bees  481. 
Disfranchisement  for  dueling  250,  370,  371, 

6423. 
Disincorporation    of  cities  organized    under 

general  act  873,  876. 
Disincorporated  towns,  county  commissioners, 

duties  as  to  967,  974. 
Indebtedness,  how  paid  882,  883. 
Disinterment  or  removal  of  dead  body,  com- 
missioners to  grant  permit  for  6553. 
Dismissal,  in  district  court  of  case  ordered 
transferred    from    justice's  court   under 
section  779,  new  practice  act,  rule  xxxviii, 
p.  1430. 

Of  action,  attorney-general  may  order  7400. 
Of  action,  for  failure  of  nonresident  or  for- 
eign corporation  as  plaintiff  to  give  secur- 
ity for  payment  of  costs  5301. 
Of  action,  or  nonsuit,  in  what  cases  granted 

and  how  entered  5237. 
Of   action,  without   prejudice    in   justice's 

court  5772. 
Of  appeal,  for  failure  to  furnish  requisite 

papers  5356. 
Of  appeal,  from  justice's  court  to  district 

court,  D.  C.  rule  xxxvii,  p.  1430. 
Of  appeal,  only  for  substantial  error  5658. 
Of  appeal,  to  district  court,  may  be  ordered 

after  notice  5794. 

Of  appeal,  to  supreme  court  for  failure  to 
file  transcript,  restoration,  S.  C.  rule  iii, 
p.  1421. 

Disobedience  to  order,  subpena  or   process 
punishable  as  contempt  in  justice's  court 
5795. 
Disorderly   conduct,  city  may  specify  what 

deemed  794(75). 
When  punishable  as  contempt  in  justice's 

court  5795. 
Disorderly  houses,  hotels,  and  lodging-houses, 

when  deemed,  penalty  6484. 
Disqualification  of  judges,  grounds  of  4S65. 
Dissection,  when  crime,  penalty  6473. 
Dissolution.     See  Partnership. 
Of  cooperative    association,   how    effected 

1258. 
Of    corporation,  how    effected,   procedure 

1195,  1240,  5670. 

Of  limited  partnership,  how  effected  2!»08. 
Distribution,  of  damages  for  death  by  wrong- 
ful act,  how  made  5648. 
Of  governmental  powers  258. 
Of  statutes  and  documents  2932,2936,41^7, 

4335. 
District    attorney,  absence,  appointment    of 

substitute,  compensation  1597. 
Leave  of  absence  1566-1568. 
Account,  penalty  failure  to  make  1601. 
To  treasurer  1600. 


2387 


INDEX 


District  attorney 


District  attorney  —  continued. 

Action  against  assessor  3625,  3798. 

Against  assessor  for  land  assessment  3840. 

Against  by  county  treasurer  3650. 

Against  corporation  1354. 

Against  county,  papers  delivered  to  1503. 

Against  water*  user  across  high  way  8024. 

By  or  against  state  or  county,  to  prose- 
cute or  defend  1598. 

For  unlawfully  holding  office  1814. 

In  forfeited  bail  7338. 
Advice  and  opinion  to  officers  1602,  1604. 
Arrested  person,  property  taken  from,  lia- 

bility for  6651. 
Assessor,  neglect  of,  to  notify  auditor  3681. 

To  proceed  against,  when  3626,3764,3798. 
At   request   of   attorney-general   to   bring 

action  for   removal  of  county  commis- 

sioners voting  excess  taxes  3S2S. 
Attorney  at  law,  must  be  5i'~>. 
Attorney-general,  may   instruct,   to   bring 
action  to  remove  commissioners  .">s:;n. 
8834. 

Supervisory  powers  over  4137. 

To  prosecute  for  failure  to  enforce  min- 
ing corporations'  act  134o. 

To  report  to  Kins.  16iHi. 
Auditor,  receipts  for  money  or  property  to 

be  filed  with  1599. 
Kail,  forfeited,  action  in  7338. 

Notice  to,  of  application  for  T.'Jli',  ,:\-2,. 


Bank  act,  violations  of,  to  prosecute  686. 
Kank  examiner,  duty  to  aid  669.  6s6. 
Bond  1594,  2786. 

Additional  for  delinquent  tax  suit  3658. 
Bonding  companies,  duties  concerning  IL'  II. 

1248. 
Books    and    records   of   revenue   open   to 

inspection  3752. 

Bridges  and  culverts,  duties  concern  ing  3024. 
Claims  against  county,  to  approve,  when 
1604. 

Not  to  present  or  advocate  1520,  1605. 
Commissioners,  action  to  remove,  to  bring, 
when  3830,  3834. 

May  make  deduction  from  salary,  when 
1597. 

To  attend  sessions  of  1519,  1520,  1602,  1604. 

To  report  to  property  not  assessed  3625. 
County  treasurer,  action  by  or  against,  to 

bring,  when  1600,  1601,  3650. 
Criminal  action,  may  dismiss,  when  7400. 
Delinquent  list,  proceeds  of  mines,  suit  on 

3706-3709. 

Delinquent  taxes  received,  duty  concerning 
3674-3676. 

Suit  for  3655-3667,  3707. 
Dental  examiners,  act  concerning,  to  enforce 

4441. 

Deputy  may  appoint  2848. 
District  court  may  appoint  temporary  1597. 
Duty  to  attend  meetings  of  commissioners 
1519,  1520,  1602,  1604. 

To  bring  suit  against  assessor  for  failure 
to  make  settlement  3704. 

To  prosecute  persons  refusing  statements 
to  assessor  3624. 

To  represent  town  878-890. 
Duties  as  to  revenue,  neglect  of,  penalty 

3751,  3753. 


District  attorney — continued. 

Duties  concerning  pure  food  and  drug  a*Ct 
3504,  3505,  3509. 

Election  of  1593,  2765,  2773,  2781. 

Expiration  of  term,  refusal  to  surrender 
records  2819. 

Extradition,  notice  to  and  duty  of  7440, 
7441. 

Failure  to  attend  court,  salarv  deduction 
1597. 

Fee  in  tax  suit  1603,  3677,  3709.  See  Rev- 
enue. 

Fees  of  1603,  3677. 

Fee  of,  opium  prosecutions  6493. 

Governor  to  advise  of  result  of  criminal 
action  7030. 

Houses  of  ill-fame,  law  to  enforce  3459. 

Indictments  to  draw  and  sign  1598,  7051. 

Inspectors  of  hides,  to  report  to  2285. 

Leave  of  absence  1566-1568. 

Liable  on  bond  for  collection  taxes  from 
mines  3706.  See  Revenue. 

May  be  selected  by  public  service  commis- 
sion to  act  as  counsel  4544. 

Malfeasance  or  misfeasance  in  office,  pen- 
alty 161  Hi. 

Mining  companies,  statements  of,  to  enforce 
i:ilo. 

Mining  taxes  delinquent,  action  for  3707. 

Nuisances,  to  abate  1562,  5504. 

Notice  to,  application  for  or  exoneration  of 
bail  7312,  7327,  73.",:;. 

Oath  27X6. 

Office  and  office  hours  375,  1561,  1565. 

Office,  forfeiture  of,  when  3676. 

Office,  unlawful  holding,  action  to  bring 
1814. 

Opening  statement  criminal  trial  7159. 

Optometry  act  to  enforce  2896. 

Partners  of,  prohibitions  1610,  1611. 

Penalty,  failure  to  pay  tax  money  3676. 

Proceeding  against  assessor  3681. 

Property  taken  from  arrested  person,  liabil- 
ity for  6651. 

Prosecutions  to  conduct  1595,  1596. 

Public  health  act,  duties  relative  to  2973. 

Public  prosecutor  1595,  1596. 

Public  service  commission  to  prosecute 
under  act  4538. 

Pure  food  law,  prosecutions  3505. 

Receipts  for  money  or  property  1599. 

Records  or  documents,  altering  or  stealing 
2817. 

Removal  from  office,  when  6907. 

Removal  of  town  or  city  officer  983. 

Report  to  attorney-general,  penalty  for 
failure  1608,  1609. 

Resignation  or  vacancy  2797-2799, 2801-2806, 
2813. 

Salary,  deduction  from  for  absence  1597. 

School  boards,  to  advise  3354. 

School  census,  law  to  enforce  3371. 

Sessions  of  commissioner,  to  attend  1519, 
1604. 

Settlements  as  to  revenue  3754. 

Sheep  inspector,  proceedings  against  2344. 

Subpena,  may  issue  7350,  7351. 

Surety  company,  officers  or  stockholders 
of,  to  prosecute,  when  1248. 

Tax  suit  3655-3667. 

Taxes,  failure  to  account  for,  penalty  3676. 


District  attorney 


INDEX 


2388 


District  attorney — continued. 
Temporary,    district   court   may    appoint, 

when  1597. 

To  account  to  treasurer,  when  1600. 
Toll  roads,  franchise,  action  to  forfeit 3757, 

3759. 
To  prosecute  or  defend  action  by  or  against 

county  1598. 

Town  government,  duty  as  to  878-890. 
Town  or  city,  delinquent  taxes  934. 
Town  or  city  tax,  excessive,  duty  as  to  976, 

977,  981. " 

Town,  unincorporated,  delinquent  taxes 
for  improvement  of  streets,  to  bring 
action  for  934. 

Treasurer,  action  against,  when  3650. 
Treasurer,  action  by,  when  1601. 
Vacancy,  how  filled  1607,  2797,  2801,  2813. 
Veterinarian,  services,  may  direct  4397. 
Weights  and  measures  act,  violations,  to 

prosecute  4813. 

District  court.    See  District  Judges,  Civil  Prac- 
tice, Courts  and  Court  Officers,  Criminal 
Practice,  Estates  of  Deceased   Persons, 
Guardians. 
Absence  of  judge,  when  causes  forfeiture 

of  office  332,  4868. 
Accounts  of  administrators,  executors  or 

guardians,  may  require  4849. 
Accounts,  to  receive  in  vacation  4850. 
Accused  may  appear  and  defend  in  person 

and  with  counsel  237. 
Acknowledgments,    and    affidavits,    judge 

and  clerk  may  take  4883. 
Acquittal,  may  advise  7203. 
Action,  controversy  submitted  to  without 

5252-5254. 

How  commenced  5016-5034. 
Limitations  of  4946-4985.    See  Civil  Prac- 
tice. 
May  authorize  by  nonresident  guardian 

6200. 
Not  affected  by  vacancy  or  failure  of  term 

4884. 

One  form  of  329,  4943. 
Railroads,  affecting  rates  to  have  prece- 
dence 4540. 
Special    provisions    converning    certain 

5501-5665.     See  Civil  Practice. 
Townsite  lots,  adverse  proceedings  1984, 

1985. 

Adjournments  4842. 
Adjournments,  by  clerk  or  sheriff  4872. 
Administration,  advance  fee  2030. 
Administrator,  accounts  4849. 
Adoption  of  children,  minute  entry  of  order 

5832. 

Adverse  proceedings,  townsite  1984. 
Advise  grand  jury  7030. 
Affidavits  (civil  practice)  5450-5453. 
Alimony  and  divorce  5838-5845. 
Always  open  4906. 
Appeal  by  applicant  for  medical  certificate 

2366. 
Appeals   from  (civil)  5325-5361.     See  Civil 

Practice. 
Appeals    from    (criminal)    7286-7307.     See 

Criminal  Practice. 

Appeals  from  justice's  court  to  (civil)  5788- 
5794.     See  Civil  Practice. 


District  court— continued. 
Appeals  from  justice's  court  to  (criminal) 
4848,  7286,  7512-7518.    See  Criminal  Prac- 
tice. 

Appeals  from  municipal  court  to  837. 
Appeals  in  railroad  commission  cases  4540, 

4564. 

Appeals,  special  court  fee  in  331. 
Appellate  jurisdiction  321,  4840. 
Appraisers,  appointment  in  vacation  4850. 
Appraisers    or    arbitrators,   may    appoint 

4849. 

Arbitration  5255-5264.     See  Civil  Practice. 
Arrest  and  bail  (civil)  5087-5123.     See  Civil 

Practice. 
Arrest  on  civil  process,  elector  exempt  from 

on  election  day  253. 

Arrest  on  civil  process,  members  of  legisla- 
ture exempt  269. 

Assistance,  writs  of,  may  issue  4843. 
Attachment    and    garnishment   5147-5191. 

See  Civil  Practice. 
Attachment,  may  issue  on  nonjudicial  dav 

4870. 
Attorneys    appointed   to   defend    accused, 

payment  of  7540,  7541. 
Attorneys,  authority  of  507. 
Attorneys,  judge  not  to  act  as,  unless  party 

4866. 
Auditor   of  county   to    draw    warrant   on 

court  order  1583. 
Award  in  arbitration    of   labor    disputes, 

clerk  to  file  1930. 
Bail  (criminal)   7308-7347.      See    Criminal 

Practice. 

Excessive  not  to  be  required  235. 
Right  of  236. 

Bailiff  for  in  certain  counties,  duties,  pow- 
ers, qualifications  and  compensation  4914- 
4920. 

Bailiff  may  be  appointed  in  certain  coun- 
ties 4914. 
Bank,  seized  by  examiner,  action  to  recover 

675. 

Bonds,  may  approve  in  vacation  4850. 
Bonds,  of  surety  company,  may  accept 

695-701. 

Business  at  chambers  4843. 
Calendar,  calling,  disposition  of  cases,  D.  C. 

rule  ii,  sec.  3,  p.  1426. 
Certiorari  5683-5693,  5711-5713. 

May  issue  321,  4840,  4843. 
Chambers,  business  at  4843. 

Functions  at  4922. 
Charge  grand  jury  as  to  drunkenness   in 

office  2862. 
Charge  to  jury,  restrictions  as  to  fact  and 

laws  327,  7014. 
Charitable  corporations,  sale  of  property, 

may  allow  1369. 
Children    under    18   charged    with    crime 

transferred  to  741. 

Cities,  class,  judicial  notice  of  772,  775. 
Cities, disincorporation,levyof  taxes  873, 875. 
Cities,  duties  in  incorporating  768-772. 
Civil  action,  special  court  fee  in  331. 
Civil  arrest,  forbidden  on  election  day  253. 
Members  of  legislature  exempt  from  269. 
Civil  practice  4943-5713.    See  Civil  Practice. 
Claim  and  delivery  5114-5123. 
Claims,  may  approve  in  vacation  4850. 


2389 


INDEX 


District  court 


District  court — continued. 
Clerk,  fees  of  when  not  over  800  votes  in 
county  19!i.">. 

List  of  trial  jurors,  to  keep  4930. 

May  adjourn  court,  when  4872. 

Of  courts  of  record  290. 

Receipt  for  fees,  to  give  2033. 

To  collect  court  fee,  how  applied  331. 

To  enter  decisions,  when  4922. 

To  keep  register  of  actions  5480. 

To  procure  and  keep  seal  4876-4878. 

Warrants  and  process,  to  issue  6261. 

Writs,  to  serve  6231. 
Commissioners,  may  be  suspended,  when 

3653. 
Commencement  of   action  or   proceeding, 

fees  2030. 

Compromise,  offer  of  5265. 
Concurrent  jurisdiction  323. 
Condemnation    of   property    for    highway 

3008. 
Conflicting  applications  to  purchase  state 

land,  certified  to  3208. 
Contempt  5394-5407.     See  Civil  Practice. 

Disobedience  of  summons  issued  for  rail- 
road commission  4532. 

To  apply  to  other   coordinate  judge  for 
same  order  4882. 

To  resist  process  2833,  2834. 
Contest   for    county   or    township    office, 

attachment  for  witness  1809. 
Contract  of  decedent,  order  for  execution 

by  executor  6147. 
Contributory  dependency  and  delinquency 

728,  757-764. 
Controversy,    submitting    without    action 

5252-5254. 
Corporate    elections,  revisory  power   over 

1130. 

Corporate  property,  sale  of  .when  1197,1198. 
Corporations,  criminal  action  against  7402- 
7410. 

Directors,  removal  of  and  election  of  new 
1180-1182. 

Directors,  revisory  power  over  elections 
of  1130. 

Disincorporation  under  act  of  1865  1240. 

Dissolution  of  1195,  1240. 

Election  of  directors,  may  require  1130, 
1223. 

Lost  stock  certificate,  new  to  order,  when 
1165. 

Mergers,  awards,  contest  of  1147,  1148. 

Receiver  for  1194-1199. 

Religious  or  charitable,  sale  of  property, 
may  allow  1369. 

Removal   of  officers,  proceedings    1180- 

1183. 

Costs.     See  Civil  Practice  5376-5393. 
Counsel,  right  to  appear  by  237. 
County  auditor,  to  draw  warrant  on  order 

of  1583. 

County,  how  often  must  be  held  in  4922. 
County-seat,  terms  held  at  4841. 
Court  fee  to  be  collected,  how  applied  331. 
Court  of  justice  316,  4828. 
Court  of  record  323,  4861. 
Court    room    and   necessities,  may   order 

furnished  4841,4921. 
Crimes  and  punishments.     See  Crimes. 


District  court— continued. 
Criminal  appeals  4848. 
Criminal  jurisdiction  321,  323,  4840,  4851. 
Criminal  practice  6851-7560.     See  Criminal 

Practice. 

Criminal  proceedings  4848. 
Death,  action  for  5647,  5648. 
Debt,  imprisonment  for  forbidden  243. 
Deceased   persons,  jurisdiction   of  estates 

321,  4840,  4849. 
Decision,  exception  to,  how  taken  4847. 

Reduced  to  writing  if  required  4847. 

Unreasonable  delay  4886. 

Where  may  be  signed  4922. 
Delay,  unreasonable,  act  to  prevent  4886. 
Demurrer,    overruling,    penalty    may    be 

imposed  by  rule  4845. 
Deposition  (criminal)  7365-7384. 
Deposition.     See  Civil  Practice  5454-5473. 
Deposition  of  prisoner,  may  order  5442. 
Directors  of  corporations,  proceedings  to 

remove  1180-1182. 
Disincorporation  of  cities  873,  876. 
Disqualifications  of  judge  4865. 
Disqualified  judge,  what  business  may  trans- 
act 4865. 

Dissolution  of  corporations  1195,  1240. 
Districts,  defined  in  constitution  (obsolete) 
320. 

Established  4901,4905. 

Two  or  more  in  county,  legislature  may 

establish  322. 
District   attorney  absent,   appointment   of 

substitute,  compensation  1597. 
District  attorney,  temporary,  may  appoint 

1597. 
District  judge,  any  may  hold  court  4844, 

4922. 

Divorce  and  alimony  5838-5845. 
Divorce,  trial  private,  when  4863. 
Drunkenness  in  office,  grand  jury  to  charge 

concerning  2861. 

Due  process  of  law,  guarantee  of  237. 
Duties  of  sheriff  during  sessions  of,  D.  C. 

rule  xxxix,  p.  1431 . 

Election  day,  civil  arrest  forbidden  on  253. 
Eminent  domain  5606-5629. 
English  language  used  4885. 
Equity  and  law  in  same  action  329, 4943. 
Equity,  jurisdiction  of  321. 
Established  316. 

Estates  of  deceased  persons.     See  Estates 
of  Deceased  Persons  5857-6148. 

Of  deceased  persons,  jurisdiction  4849. 

Of  deceased  persons,  minors  and  insane, 
jurisdiction  over  321. 

Of  deceased  persons,  minors  and  insane, 
may  direct  in  vacation  4850. 

Of  deceased  persons,  minors  and  incom- 
petents, jurisdiction  of  4840,  4849. 

Of   deceased  persons,  orders,   power  to 
enforce  5867. 

Of  deceased  persons,  power   of  district 

court  over  4849,  4850. 
Evidence,  depositions  and  witnesses  5408, 

5473.     See  Civil  Practice. 
Evidence,  judge  may  state  4846. 
Exceptions,  how  taken  5315-5318. 

To  decision,  how  taken  4847. 
Excessive  bail  or  fines,  not  to  be  exacted 

235. 


District  court 


INDEX 


2390 


District  court — continued. 
Execution    (civil)    5280-5314.       See     Civil 

Practice. 

Executive  functions  forbidden  258. 
Executors,  accounts  may  require  4849. 
Exemptions  from  executive,  guarantee  of 

243. 

Extradition,  inquiry  into  arrest  7443. 
Fact,  matters  of,  judge  not  to  charge  on  327, 

4846. 
Federal  jurisdiction  over  certain  property 

1949-1952. 
Fees  of  2030. 

Fees,  to  give  receipt  for  2033. 
Filing  and  serving  papers  5367-5375. 
Final  appellate  jurisdiction  from  justice's 

courts  321. 

Fines,  excessive  not  to  be  imposed  235. 
Forcible  entry  and  detainer  5585-5605. 
Forcible   entry    and    detainer,  jurisdiction 

321,  4840. 

Foreclosure  of  mortgages  5501-5503. 
Foreigners  entitled  to  same  rights  as  natives 

245. 
Forfeiture  of  office  for  absence  of  judge  332, 

4868. 

Form  of  action  329. 

Fuel,  lights  and  stationery,  may  order  4841. 
Functions,  at  chambers  4922. 
Grand  jury.     See  Grand  Jury. 

Charge  as  to  drunkenness  in  office  2862. 

Charge  to  7014,  7030. 

May  indict  4848. 

To  indict  for  capital  or  infamous  crime 

237. 

Guardians.     See  Guardians. 
Guardians,  accounts  may  require  4849. 
Habeas  corpus.     See  Habeas  Corpus  6226- 

6265. 

Habeas  corpus,  may  issue  321,  4840,  4843, 
6226-6265. 

Supreme    court    may    make    returnable 
before  319,  4834. 

Suspended,  when  234. 
Held  at  county-seat  4841,  4871. 
Held,  how  often,  in  each  county  4922. 
Highway,    condemnation    for,    appeal    to 

from  award  of  damages  3008. 
Imprisonment  for  debt  prohibited  243. 
Indictment  for  capital  or  infamous  crimes 

237. 

Inferior  courts,  final  appeal  from  4840. 
Injunction  5136,5146.     See  Civil    Practice. 

May  issue  321,  4840,  4843. 
Insane  and    incompetents,    jurisdiction  of 

person  and  estate  4840,  4849. 
Insane  persons,  estates  of,  jurisdiction  321. 
Instructions  may  be  given  on  nonjudicial 

day  4870. 

Inventories,  to  receive  in  vacation  4850. 
Jeopardy,  twice  in,  forbidden  237. 
Judge,  and  clerk  may   take    acknowledg- 
ments 4883. 

Election  of  4901 . 

May  hold  in  any  district  4844,  4922. 

Not  to  charge  on  matters  of  fact  327,  4846. 

Not  to  have  partner  in  practice  4867. 

Not  to  interfere  with  orders  of  other  judge 
4881,  4882. 

Not  to  practice  as  attorney  4866. 

Not  to  receive  fees  or  perquisites  325. 


District  court,  judge— continued. 

Orders  made  out  of  court,  power  to  enforce 
4864. 

When  disqualified  4865. 
Judgment,  civil  5236-5251,  5266-5279.     See 
Civil  Practice. 

How  rendered  and  entered  4922. 

In  civil  cases,  when  may  be  entered  4842. 

Power  to  enforce  4864. 
Judicial  days  4869. 
Judicial  department,  coordinate  258. 
Judicial  power,  vested  in  what  courts  316. 
Jurisdiction,  and  powers  321,  4840,  4849. 

In  contest  of  county  or  township  office, 
may  require  documentary  evidence  by 
mandamus  1806. 

In  quo  warranto  5663. 

On  disincorporation  of  city  872,  873. 

On  transfer  of  case  from  justice's  court 

5721. 
Jury.     See  Jury. 

Civil  case,  three-fourths  may  agree  232. 

May  be  discharged  on  nonjudicial  day 
4870. 

May  be  waived  232. 

Trial  5204-5225.    See  Civil  Practice,  Jury. 

Trial  guaranteed  232. 

Justice  courts,  appeals  from  321,5788-5794. 
See  Civil  Practice. 

Appeal  from,  criminal  7286,  7512-7518. 
See  Criminal  Practice. 

Appeal  from  in  criminal  cases  4848. 

Entry  in  docket  of  abstract  of  judgment 
of  5781. 

Final  appeals  from  4840. 

Transfer  of  cases  from  5721. 
Juvenile  court  law  728-756,  764. 

Jurisdiction,  district  courts  729. 
Juvenile  department  730,  757. 
Land,  conflicting  applications  to  purchase 

3208. 

Landlord  and  tenant  321,  323. 
Language,  what  and  how  used  4885. 
Lands,  state,  contests  for  3208. 
Law  and  equity  in  same  action  329. 
Law,  judge  may  declare  327,  4846,  7195,7197. 
Legislative  functions  forbidden  258. 
Letters,  testamentary,  of  administration  or 

guardianship,  may  issue  4849. 
Life  estate,  termination  of  5584. 
Limitations  of  actions  4946-4985.  See  Civil 

Practice. 

Lost  records,  restoration  of  5630-5646. 
Magistrate,  powers  of  on  nonjudicial  day 

4870. 
Mandamus  5694-5707,  5711-5713. 

May  issue  321,  4840,  4843. 
Matters  of  fact,  judge  not  to  charge  327, 4846. 
Marriage,  may  license  ministers  of  gospel 

to  solemnize  2340. 
Married  woman,  authorized  to  act  as  sole 

trader  2191. 
Mechanics'  liens,  jurisdiction  (Nev.  Const.) 

321,  323. 

Ministerial  officers,  conduct  to  control  4864. 
Minors,  estates  of,  jurisdiction  over  321. 

Jurisdiction  of  person   and  estate  4840, 

4849. 

Mortgages,  foreclosure  5501-5503. 
Motions  and    orders  5362-5366.     See  Civil 

Practice. 


2391 


INDEX 


District  court 


District  court— continued. 
Names  of  persons,  may  change,  procedure 

5837. 

Naturalization  of  aliens  2516. 
New  trials  in  5319-5324.  See  Civil  Practice. 
Nonjudicial  days,  designated,  certain  busi- 
ness may  be  transacted  on  4870. 
Notices  5367-5375.     See  Civil  Practice. 
Notices  to  adverse  claimants,  townsite  lots 

1984. 
Nuisance,  action  for  5504-551:;.     See  Civil 

Practice. 

Officers,  proceedings  to  remove  2851 -2S5I. 
Official  reporter  4908-4913. 

Duties  4908. 

Excused,  when  may  be  4!>10. 

Examination  as  to  qualifications  4909. 

Fees,  how  paid  4<U3. 

Judge  to  appoint  4!>()S. 

Oath  of  office  4911. 

Qualifications,  test  of  49W. 

Removable  at  pleasure  41X38,  4910. 

Temporary  appointment  4<HO. 

Transcript  prima  facie  evidence  4912. 
One  form  of  action  .'!_!''. 
Open  always  4'.H»r,. 

Order,  by  one  judge  not  to  be  changed  or 
affected  by  another  4SS1.  4882. 

Kntry  of  in  term  or  vacation  4S42. 

Power  to  preserve  and  enforce  4864. 

Refused  or  granted  conditionally,  appli- 
cation for  same  order  only  to  higher 


judge  4881. 
Wluit 


may  make  4S4'.». 

Original  jurisdiction  321.4X40. 

Panel  of  trial  jurors,  how  drawn  and  sum- 
moned 4930. 

Papers,  tiling  and  serving  5367-5375. 

Partition  of  property  or  estate  may  order 
4849. 

Partition,   proceedings    in    552/-55S3.     See 
Civil  Practice. 

Partner  in  practice,  judge  not  to  have  4867. 

Payment  of  attorneys  appointed  for  defense 
7540,7541. 

Penalty    for    demurrer,  rule    may    impose 
4845'. 

Perpetuating  testimony  5464-5473. 

Personal  injuries,  action  for  5649-5652. 

Petition  for  changing  name  of  person  5835. 

Place  of  holding,  changed  when  4873,  4874. 

Pleadings  5035-5086.     See  Civil  Practice. 

Powers,  estates  to  enforce  5867. 

Powers  in  vacation  4842,  4850. 

Power  of  county,  to  enforce  process  2835. 

Power   to   enforce    orders,  judgment    and 
process  4864. 

Primary  election,  order  contestee  in  contest 
for  nomination  to  appear  1764. 

Private  property  taken  for  public  use,  com- 
pensation 237. 

Probate  practice  and  procedure  5857-6144. 
See  Estates  of  Deceased  Persons. 

Process,  clerk  to  issue  6261. 

Process,  power  to  enforce  2833-2835,  4864. 
Resistance  of,  contempt  2833,  2834. 
Style  of  (Nev.  Const.)  328. 

Proceedings  for  removal  of  officers  2851-2854. 

Proceedings,  public,  exception  4862,  4863. 

Proceedings  to  remove  directors  of  corpo- 
rations 1180-1182. 


District  court  —  continued. 
Prohibition  5708-5713. 

May  issue  4840. 

Prosecutions  conducted  in  name  of  state  328. 
Protestant  Episcopal  Church,  order  for  sale 

of  real  estate  1431. 

Public  administrator  to  report  to  1618,  1620. 
Public  offenses,  may  inquire  into  4848. 
Public    service    commission,   judgment   in 

action  to  review  order  of  4540(c). 
Public    service   commission,  to  issue  sub- 

penas  for  attendance  before  4532. 
Punishments,  cruel  or  unusual,  forbidden 

235. 
Quiet  title,  action  for  5514-5526.     See  Civil 

Practice. 
Quo  warranto  5656-5682. 

May  issue  321,  4S40,  4843. 
Railroad  commission  may  apply  to  for  sum- 

mons, 4">:'>i);  procedure  "4540. 
Receivers  51!):;. 

Receivers  for  corporations  1194-1199. 
Records,  restoration  of  lost  5630-5646. 
Reference  and  referees  5230-5235. 
Referee,  power  to  enforce  order  before  4864. 
Registration,  may    compel    by  mandamus 

1710,  1712. 

Register  of  actions,  clerk  to  keep  5480. 
Religious  or  charitable  corporations,  sale  of 

property,  may  allow  1369. 
Removal  6907. 
Removal  of  officers,  proceedings  for  2851- 


Resistance  of  process,  contempt  2833,  2834. 
Revenue    officers,  removal    or    suspension 

3753. 
Room  and  necessities,  may  direct  sheriff  to 

provide  4841,4921. 
Rules,  additional   undertaking  on  attach- 

ment. xx.  p.  14l's. 
Affidavit  and  order  of  arrest,  return  of, 

xxxiii.  ]>.  1  I.",**. 
Allidavit  on  motion  for  continuance,  xii, 

p.  1427. 
Amendment  of  judgment  or  order,  no- 

tice of  to  he  given,  xlv,  p.  1431. 
Amendment  to  pleadings  and  documents, 

how  made,  ix.  p.  1427. 
Amendment    to    pleadings,    how    made. 

xvii.  p.  142X. 
Answer,  amendment  to,  how  made,  xvii, 

p.  142S. 
Appeal    from  justice's  court,   dismissal, 

when,  xxxvii,  xxxviii.  p.  1430. 
Appeal   from  justice's  court,   papers  to 

be  filed,  costs  paid,  xxxviii,  p.  1430. 
Appeal,  stay  of  execution,  supersedeas, 

effect,  xx  ii,  p.  1420. 
Application   to  one  judge,   other  judge 

precluded,  xlii,  p.  1431. 
Argument  of  attorney  when  a  witness 

for  client,  xiii,  p.  1428. 
Arrest,   return  of  by  sheriff,  xxxiii,  p. 

1430. 
Attachment,  additional  undertaking,  dis- 

solution, xx,  p.  1428. 
Attorney,  as  iruardian  ad  litem.  xxx,  p. 
1430. 

As   witness,   restrictions  as  to   argu- 
ment. xiii,  p.  1428. 

Not  to  be  surety,  xiv.  p.  1428. 


District  court 


INDEX 


2392 


District  court,  rules — continued. 

Stipulations   of,   requisites,   xxvii,    p. 
1429. 

To  furnish  clerk  with  forms  of  orders, 
judgments   and   decrees,    xxxii,    p. 
1430. 
Briefs,  motions  or  issues  of  law  may  be 

submitted  on,  vii,  p.  1426. 
Calendar,  called,  business,  how  disposed 
of,  iv,  p.  1426. 

Called,  parties  to  be  ready,  iv,  p.  1426. 

Clerk  to  prepare,  how,  ii,  sees.  1-3,  p. 
1425. 

Number  and  kinds,  ii,  p.  1425. 
Clerk,  counsel  to  furnish  with  forms  of 
orders,     judgments     and     decrees, 
xxxii,  p.  1430. 

To  give  notice  of  holding  court,   iii, 
p.  1426. 

To  prepare  calendars,  ii,  sees.  1-3,  p. 

1425. 
Commission   to  take  testimony,   xv,   p. 

1428. 
Complaint,  amendments  to,  how  made, 

xvii,  p.  1428. 
Continuance,  motion  for,  requirements, 

xii,  p.  1427. 

Copies,  for  service,  requisites,  ix,  p.  1427. 
Correction  of  judgment  or  order,  notice 

of,  xlv,  p.  1431. 

Cost  bill,  service  of,  xxxiv,  p.  1430. 
Costs,  motion  to  retax,  time,  xxxiv,  p. 

1430. 

Court,  hour  of  opening,  i,  p.  1425. 
Decision   on   motion   or    issue   of   law, 

notice  of  time  when  begins  to  run, 

vii,  p.  1426. 
Demurrer,    provisions   concerning,    viii, 

sees.  1-3,  p.  1427. 

Deposition,  filing  and  publication,  xvi, 
p.  1428. 

How  to  be  taken,  xv,  p.  1428. 
Districts  having  more  than  one  judge 

to  divide  business,  i,  sec.  2,  p.  1426; 

xli,  p.  1431. 
Dissolution   of  attachment,   insufficient 

bond,  xx,  p.  1428. 
Documentary  evidence,  original,  not  to 

be  withdrawn,  xix,  p.  1428. 
Documents  or  pleadings  for  files,  form, 

paper  and  amendments  to,  ix,  p.  1427. 
Duties  of  judge  as  to  business  of  other 

judge,  i,  sec.  2,  p.  1426;    xli,  xlii,  p. 

1431. 

Duties  of  sheriff,  xxxix,  p.  1431. 
Excuse  of  juror,  how  made,  xxviii,  p. 

1429. 
Execution,  stay  of  on  appeal,  xxii,  p. 

1429. 
Execution,  stay  of  on  motion  for  new 

trial,  xxvi,  p.  1429. 
Evidence,  original  documentary  not  to 

be  withdrawn  from  files,  xix,  p.  1428. 
Foreclosure  of  mortgage,  reference,  xxiii, 

p.  1429. 
Form  of  orders,  judgments  and  decrees, 

furnished  clerk,  xxxii,  p.  1430. 
Guardians  ad  litem,  xxix-xxxi,  p.  1430. 
Hearing,    judge    first    entering    on    to 

control,  xli,  p.  1431. 
Hearing  on  motions,  xi,  p.  1427. 


District  court,  rules — continued. 

Hour  of  opening  court,  i,  p.  1425. 
Instructions,  settlement  of,  xl,  p.  1431. 
Interrogatories  for  deposition,  how  set- 
tled, xv,  p.  1428. 

Judge,  application  to  one  precludes  ac- 
tion by  other,  when,  xlii,  p.  1431. 
First  entering  on  trial  or  hearing  to 

control,  xli,  p.  1431. 
To  fix  law  day,  ii,  sec.  4,  p.  1426. 
Other    than    one    having    charge    of 
cause,   precluded   from   acting,   ex- 
ception, xliii,  p.  1431. 
Judgments,  orders  and  decrees,  form  of 

furnished  clerk,  xxxii,  p.  1430. 
Juror,  how  excused,  xxviii,  p.  1429. 
Justice's  court,  dismissal  of  appeal  from, 

xxxvii-xxxviii,  p.  1430. 
Law  day,  judge  to  fix  business  on,  ii, 

sec.  4 ;   v,  p.  1426. 
Issue  of,  stipulation  to  hear  any  time, 

or  place,  vii,  p.  1426. 
Liens,  of  mechanics,  xxxv,  p.  1430. 
Manner  of  making  motions,  xi,  p.  1427. 
Mechanics'  liens,  xxv,  p.  1430. 
Modification    of    judgment    on    order, 

notice  of,  xlv,  p.  1430. 
Mortgage,     foreclosure     of,     reference, 

xxiii,  p.  1429. 
Motion,  decided,  renewed,  when,  xi,  p. 

1427. 
For    continuance,    requirements,    xii, 

p.  1427. 
For  new  trial,  stay  of  execution  on, 

xxvi,  p.  1429. 
Hearing  on,  manner  of  making,  xi,  p. 

1427. 

Notice  of,  when  required,  x,  p.  1427. 
Placed  on  calendar,  when,  vi,  p.  1426. 
Stipulation,  to  hear  anytime  or  place, 

vii,  p.  1426. 

To  retax  costs,  time,  xxxiv,  p.  1430. 
To  strike  out,  xviii,  p.  1428. 
When  disposed  of,  vi,  p.  1426. 
New  trial,  time  extended  for  motion  or 

statement,  effect,  xxiv,  p.  1429. 
Notice,  of  amendment,  correction,  modi- 
fication or  vacation  of  judgment  or 
order  to  be  given,  xlv,  p.  1431. 
Of  decision  on  demurrer,  viii,  sec.  2, 

p.  1427. 
Of  decision  on  motion  or  issue  of  law, 

vii,  p.  1426. 
Of  decision,  when  not  required,  vii,  p. 

1426. 

Of  holding  court,  iii,  p.  1426. 
Of  motions,  when  required,  x,  p.  1427. 
Of   order   extending   time,   xxxvi,   p. 

1430. 

Of  report  of  referee,  xxi,  p.  1428. 
Order,  of  daily  business,  iv.  p.  1426. 
Of  extending  time,  notice  of,  xxxvi, 

p.  1430. 

Or  rule,  application  for  to  one  judge 
precludes  action  by  another,  when, 
xlii,  p.  1431. 
Original '  documentary  evidence  not  to 

be  withdrawn,  xix,  p.  1428. 
Papers,  withdrawal  of,  xix,  p.  1428. 
Parties,    stipulations,    requisites,    xxvii, 
p.  1429. 


2393 


INDEX 


District  judge 


District  court,  rules — continued. 

Pleadings,  amendments  to,   how  made, 

xvii,  p.  1428. 
Pleadings  and  documents,  amendments 

to,  how  made,  ix,  p.  1427. 
Points    and    authorities    on    demurrer, 

when  may  be  demanded,  viii,  sec.  3, 

p.  1427. 

Records,  withdrawal  of.  xix.  p.  1428. 
Referee,    in    foreclosure   suit,    xxiii,   p. 
1429. 

Notice  of,  report  to  give,  xxi,  p.  1428. 

Settlement  of  statement,  xxv,  p.  1429. 

Trial  by,  duty,  xxi.  p.  14i'x. 
Reference  and  referee,  xx,  p.  1428. 
Renewal  of  motion  once  decided,  when, 

xi.  p.  1427. 
Reply.  amendment  t«».   Imw  made,  xvii, 

p.  1428. 
Report  of  referee,  notice  of  to  be  given, 

xxi,  p.  1428. 
Rules,  special  for  districts  having  more 

than  one  judire.  i.  KC  -.  p.  1426;   xli, 

xliii.  p.  1431. 

Saturday,  law  day.  v.  p.  1426. 
Settlement  of  instructions,  xl.  p.  1431. 
Sheriff,  duties  of,  xxxix.  p.  1431. 
Sheriff  to  file  return  of  arrest,  when, 

xxxiii.  ]>.  1430. 
State  land   register,  causes  certified  to 

court  by,  xliv,  p.  1431. 
Statement  on  motion  for  new  trial,  set- 
tlement by  referee,  xxv,  p.  1429. 
Stay  of  execution  on  motion   for  new 

trial,  xxvi.  p.  1429. 
Stay  of  proceedings  on  appeal,  xxii,  p. 

1429. 
Stipulations  to  be  in  writing  or  entered 

in  minutes,  xxvii.  p.  1  IL".>. 
Strike,  motion  to,  xviii,  p.  1428. 
Supersedeas.  xxii.  xxvi.  p.  1429. 
Surety,  attorney  not  to  be,  xiv,  p.  1428. 
Time,   extensions  of,  new  trial,   effect, 
xx  iv,  p.  1429. 

Notice  of  order  extending,  xxxvi,  p. 

1430. 
Trial   or   hearing,   judge   first   entering 

on  to  control,  xli,  p.  1431. 
Trial,  setting  of,  iv,  p.  1426. 
Two  judges  in  district,  disposal  of  busi- 
ness,  i,  sec.  2,  p.  1426;    xli,  xliii,  p. 

1431. 
Undertaking  on  attachment,  additional, 

when  required,  xx,  p.  1428. 
Vacating  judgments  or  orders,  notice  of 

to  be  given,  xlv,  p.  1431. 
Withdrawal  of  papers,  xix,  p.  1428. 
Witness,    attorney    as,    restrictions    of 

argument,  xiii,  p.  1428. 
Writ,  application  for  to  one  judge,  con- 
clusive, when,  xliii,  p.  1431. 
Rules,  may  make  restrictions  on  4845. 
Sale  of  corporate  property  1197,  1198. 
Seal,  how  affixed  4880,  5481. 
Seal,  to  have  4875-4880. 
Seal,  to  what  papers  affixed  4879. 
Search  warrants  7415-7434.     See  Criminal 

Practice. 
Search  warrants,  probable  cause  to  exist 

247. 

Second  judicial  district,  number  of  judges, 
powers,  rules,  may  make  4903. 


District  court — continued. 

Sheriff,  may  adjourn  court,  when  4872. 

May  direct  to  provide  room  and  neces- 
sities 4841,  4921. 

To  attend,  orders  to  obey  and  enforce 
1648. 

To  summon  venire  4930. 
Sickness  of  judge  or  juror  pending  trial 

7194. 
State,  actions  against  5653-5655. 

Prosecutions  conducted  in  name  of  328. 
Style  of  process  328. 
Submitting    controversy    without    action 

5252-5251. 
Subpena   issued  by  railroad  commission, 

may  enforce  4561. 

Surety  company  bond,  may  accept  695-701. 
Suspend,     administrators,     executors     or 

guardians  during  vacation  4850. 
Terms  4842,  4906. 

When  and  where  held  332. 
Testimony,  judge  may  state  327. 

Perpetuating  5464-5473. 
Title  papers,  may  require  production  4849. 
Treason,  constitutional  provisions  concern- 
ing L'ls. 
Trespass,  action  for  5504-5513.     See  Civil 

Practice. 
Trial,  by  jury  guaranteed  232. 

Civil  5195-5229.     See  Civil  Practice. 

Criminal  7159-7226.    See  Criminal  Prac- 
tice. 

Jury.     See  Jury. 

Jury,  panel,  drawing  and  summons  of 

4930. 

Unlawful  detainer,  jurisdiction  of  321. 
Vacancy   in  office  of  judge  not  to  affect 

action  4884. 

Vacation,  powers  in  4842,  4850. 
Venire  of  trial  jurors,  open  to  inspection 

49:;o. 
Verdict  may  be   received  on   nonjudicial 

day  4870. 
Waste,    action    for   5504-5513.     See    Civil 

Practice. 

Where  held  4841,  4871. 
Wife  insane,  appeal  from  order  authoriz- 
ing sale  of  homestead  2148. 
Wife    insane,    conveyance    of    homestead 

2140,  2147. 
Wills  6202-6225.     See  Wills. 

Power  to  probate  4849.     See  Civil  Prac- 
tice 5419-5449. 
Witnesses,  criminal   7348-7384,  7451-7456. 

See  Criminal  Practice. 
Witnesses,  may  compel  attendance  4849. 
Witness    against    self,    not   compelled    in 

criminal  case  237. 
Witness  not  to  be  unreasonably  detained 

235. 
Writs,   what   may   issue  321,  4840,   4843, 

0228. 

Writs  and  warrants,  clerk  to  issue  6261. 
District    judge.     See    District    Court    Civil 

Practice.  Criminal  Practice,  Estates  of 

Deceased  Persons,  Grand  Jury,  Jury. 
Absence,    forfeiture   of   office,   when   332, 
4868. 

Leave  of,  forbidden  332. 

Of,  when  vacates  office  332. 
Accounts  of  officers  to  order  submitted  to 

grand  jury  2857. 


District  judge 


INDEX 


2394 


District  judge — continued. 

Acknowledgments  and  affidavits,  may  take 
4883. 

Adoption  of  children,  proceedings  5820. 

Affidavit  before  salary  paid  4886. 

Affidavit,    may    take    for    examination    of 
books  of  assayer  2484. 

Appointment   or   election    to   other   office, 
when  void  326. 

Arms,  militia,  application  for  to  approve 
4042. 

Assistance,  writs  of,  may  issue  at  cham- 
bers 4843. 
/Attorney,  must  be  525. 

Bond,  county  recorders,  to  approve  1628. 

Bond  of  notary  public,  to  approve  2745. 

Box  for  names  of  jurors,  to  approve  5204. 

Business  in  his  district,  to  control  4922. 

Canvass  certain  election  returns  1513. 

Canvass  votes  of  legislators  and  commis- 
sioners 1513. 

Certiorari.  may  issue  321.  5684. 

Certiorari,  writs  may  issue  or  determine 
at  chambers  4843. 

Chamber  business  transacted  in  any  part 
of  state  4922. 

Chamber,  functions  at  4922. 

Charge  to  grand  jury  4924,  4925.  7014. 

Charge  to  jury,  restrictions  as  to  fact  and 
law  327. 

Children  under  14,  employment  of  to  be 
approved  by  6824. 

Chosen,  how  2778. 

Claim  against  estate,  may  file  r>966. 

Commissioners,    election    of,    to    canvass 

1513. 

Suspension  pending  charges  3753. 
To  provide  office  for  2941. 

Commissions,  form  of  2793. 

Compensation,  court  fee  applied  to  331. 
How  and  when  paid  330. 

Control  business  in  his  district  4922. 

Corporations,  directors  of.  revisory  power 

over  elections  of  1130,  1179,  1182. 
Dissolution  of  on  application  1240. 

Court  in  any  county,  may  hold  4922. 

Court   in   other  district,   may   hold  4844, 

4922. 
To  control  in  own  district  4922. 

Decision,   may  be  required  to   reduce  to 
writing  4847. 

Decision,  signed  any  part  of  state  4922. 
To  be  rendered  before  end  of  term  5489. 

Disqualified,  probate,  procedure  5940,5941. 

Duel,  failure  to  prevent  2823. 

Duplicate  certificate  of  oath  filed  in  office 
of  secretary  of  state  2795. 

Duties,  certain,  may  perform  after  expira- 
tion of  term  1988. 

Duty  to  see  business  of  his  district  prop- 
erly performed  4922. 

Election  of  2765,  2773,  2778.  4901. 

Election  contest,  arrest  of  person  receiv- 
ing fees  1815. 

Election,  contest  of,  triable  in  adjoining 
district  court  1813. 

Election  contest,  time  for  hearing  to  be 
fixed  by  1808. 

Election  returns,  certain,  to  canvass  1513. 

Election  to  other  office,  when  void  326. 

Eligibility  371,  2766. 

Eligibility  to  other  office  326. 


District  judge — continued. 

Equal,  coextensive  and  concurrent  juris- 
diction 4922. 

Estates,  disqualified  to  act  in,  duty  5940, 
5941. 

Estates,  mortgaging  of,  order  authorizing 
6146. 

Expenses,  traveling  4907. 

Facts,  not  to  charge  jury  in  respect  to 
(Xev.  Const.)  327,  4846. 

Federal  townsites,  may  enter  as  trustee 
1961,  1982,  1991. 

Fee  act,  duty  of  to  give  in  charge  to  grand 
jury  2022. 

Fees  and  perquisites,  forbidden  to  receive 
325. 

Fees,  officers'  unpaid,  order  for  execution 
2027. 

Functions  of.  at  chambers  4922. 

Governor    may    direct    to    hold    court    in 

other  district,  when  4844. 
rGovernor  to  fill  vacancy  2812. 
^-Grand  jury,  accounts  of  officers  to  order 
submitted  to  2857. 

Grand  jury,  selection,  order  concerning 
4931. 

Grand  juries,  to  instruct  on  certain  sub- 
jects 2022,  4924,  4925,  7014. 

Guardianship,  may  grant  special  letters 
in  vacation  4850. 

Guideboards,  law  on,  to  give  to  grand 
juries  4925. 

Habeas  corpus,  may  issue  321.  4840.  6228. 

Habeas  corpus,  refusal  of  writ,  penalty 
6262. 

Hearing,  entry  upon,  other  judge  not  to 
act  except  on  written  request.  D.  C.  rule, 
p.  1431. 

Impeachment,  liable  to  335. 

Insane,  commitment  of  2200,  2204.  2211. 

Jurisdiction,  equal,  coextensive  and  con- 
current 4922.  5604. 

Jury  box.  to  approve  5204. 

Justices  of  the  peace,  to  decide  when  two 
claim  office  5807. 

Leave  of  absence  to,  forbidden  332. 

Legislature,  election  of  members  to  can- 
vass 1513. 

Mandamus,  may  issue  (Xev.  Const.)  321, 
5695. 

Mandamus,  may  issue  and  determine  at 
chambers  4843. 

May  settle  bill  of  exceptions  (criminal) 
after  term  7284. 

Military  force  to  command,  when  2839- 
2841. 

Minutes  and  records  unsigned  by  predeces- 
sor, may  sign  4923. 

New  trial,  motion  for  at  chambers  4843. 

Notary  public,  bond  of  to  approve  2745. 

Number  of,  legislature  may  increase  320. 

Oath  of  370,  2786.  2787,  2891. 

Oath,  duplicate  certificate  of  filed  in  office 
of  secretary  of  state  2795. 

Offices  to  be  provided  for  4921. 

Offices,  forfeiture  for  absence  332,  4868. 

Offices  vacated  by  absence  332. 

Officers,  duties  of  certain,  to  give  in  charge 
to  grand  jury  4924,  4925,  7014. 

Order,  designating  commissioner  to  draw 
trial  jury  4930. 

Order  for  panel  of  trial  jurors  4930. 


2395 


INDEX 


Docket 


District  judge — continued. 

Other  district  IHMV  hold  court  in  4S-44. 
Personal  property,  taxes,  delinquent,  cita- 
tion for  discovery  of  3079. 
Powers  after  expiration  of  term  1088,  5489- 

5491. 

Powers  in  vacation  4X5O. 
Powers  to  hold  court  in  any  county  4922. 
Predecessor,  minutes  and  records  left  un- 
signed by.  may  sign  491*3. 
Primary  election. correction  of  error. order 

for  1703. 

Probation  officer,   to  appoint  733. 
Puhlic    administrator    to    report    to    1018, 

11 '.I'd. 

Onali  Heat  ion  525.  2700. 

(.Mio  warranto.  issneor  determine  at  cham- 
bers 4X4:;. 

May  issue  321. 

Removal  from  otlii-e  l>y  legislature  330. 
Resignations  made  t<»  governor  279X. 
Revenue  to  be  set  apart  for  salaries  330. 
Salary,  amount  of,  how  paid  4902. 
Salary,  court  fee  applied  to  331. 

I  low  paid  15ox.  4xxT. 

May  he  changed  401. 

Not  increased  or  decreased  durinir  term, 
paid  from  county  treasury  33(>. 

Not  to  he  paid  until  affidavit  filed  4XXO. 
Several  may  hold  court   in  one  county  at 

one  time  4922. 

Sheriff,  may  order  to  provide  oflico  4921. 
Sickness  of  7191. 
Successor     in     ollice.     rights     not      to     he 

abridged  .".491. 
Term,  expiration  of.  powers  after   1988. 

Ineligible  to  any  other  oilier  during  320. 
Term  in  other  district,  may  hold  4X44. 
Term  of  oilier  329.  277X. 
Testimony    for    perpetuation,    publication 

of  notice  ."HIM 5. 
Testimony,  may  state  327. 
Townsites.   federal,  may  enter  as  trustee 

1961. 

Traveling  expenses  4907. 
Unsigned   minutes  and    records  of  prede- 
cessor, may  sign  4923. 
Vacancy,  how  filled  2812. 
Vacancy  in' office,  governor  may  fill,  term 
301.  2812. 

Occasioned,  how  2799,  2802. 
Vacancy  in  office  to  he  filled  by  governor 

400. 

Vacation  of  court,  powers  during  4850. 
Vacation  of  office  by  absence  332. 
Veterinarian,   services  may   require  4379. 
Writs,    what    may    issue   321.    4840,   4843, 

6228. 
District  mining  recorders,  certificate  proof 

of  labor  to  record  204(5.     See  Mines  and 

Mining. 

Violating  recorder's  act.  penalty  1638. 
District    of    Columbia,    when    included    in 
word  "state"  and  words  "United  States" 
5475. 
District  superintendent  of  schools  3245-3254. 

See  Public  Schools. 

Districts,  judicial,  legislature  may  provide 
for  and  number  of  judges,  change  not  to 
take  effect  except  in  case  of  vacancy  or 
expiration  of  term  ( Xev.  Const,  art.  vi, 
sec.  2)  320. 


Disturbing,  assembly  or  meeting  0007. 

Church  or  school  3455.  3450.  6760,  6701. 

Legislature  (5333. 

On  street  or  highway  (55X1). 

Religious  meeting  (547X.  (5597. 

The  peace  05X!).  (5592.  0593. 
Ditch    companies,    rates    may    be    regulated 

by    the    legislature  ( Xev.    Const,    art.    iv, 

sec.  20)  27X. 
Ditches,  eminent  domain  may  he  exercised 

for  5(50(5. 

Dividends,  directors  of  insolvent  railroad 
company  paying  liable  for  debts  3568. 

Of  corporation,   by   whom   declared,   how, 

when    11(57.      See   Corporations. 
Divorce.     See  Civil   Practice. 

Alimony,  grounds  and  procedure  5838-5845. 

Business,  advertising  for.  penalty  04(52. 

Community  property,  division  in  case  of 
2100. 

Conviction  of  crime  for  forcing  woman 
to  marry  operates  as  0444. 

Custody  of  children  maybe  changed  pend- 
ing or  after  action  5X40. 

Disposition  of  properly,  what  considera- 
tions determine,  effect  of  decree  on 
matters  not  specifically  mentioned,  pre- 
liminary restraining  orders  5X41. 

Disposition  of  property  rights,  rule  when 
wife  obtains  decree  on  ground  of  im- 
prisonment or  adultery  of  husband,  ali- 
mony pondonte  lite,  procedure,  orders 
5843. 

Either  party  entitled  to  jury  to  try  issue 
of  fact  5X45. 

I  low  community  property  divided  on 
granting  decree  21(50. 

How  obtained,  grounds  for.  verified  com- 
plaint, venue  5X3X. 

In  proceedings  for.  court  may  direct  trial 
of  fact  to  be  private  1X03. 

Local  oi'  special  laws  for  granting  are 
invalid(Nev.  Const.,  art.  iv,  sec.  20)278. 

Marriage,  when  void  without  decree  of 
2:  {54. 

Nonresident  defendant  to  be  notified,  or- 
der, publication,  service,  summons,  com- 
pulsory process  may  issue  5839. 

Order  for  completely  dissolves  marriage 
contract  and  may  change  name  of  fe- 
male 5844. 

Order  regarding  children  may  be  en- 
forced by  attachment,  commitment  or 
requiring  security  5840. 

Schedule  of  sections  relating  to  5838. 

Testimony,  pleadings,  orders,  depositions 
and  practice  same  as  in  actions  at  law 
5842. 

Docket,  and  papers  in  case  of  death  or  re- 
moval of  justice  of  the  peace  to  be  de- 
livered to  county  clerk  or  other  justice 
5X04. 

And  papers  must  be  delivered  by  justice 
of  the  peace  to  successor  5803. 

Certified  transcript  of  on  change  of  place 
of  trial  in  justice's  court  5719. 

Conviction  of  contempt  in  justice's  court 
to  be  entered  5799. 

Entry  in  judgment  docket  of  district  court 
of  abstract  of  judgment  in  justice's 
court  5780. 


Docket 


INDEX 


2396 


Docket — continued. 

Entry  of  judgment  of  supreme  court  to  be 

made  5360. 

Execution  or  other  process  may  be  issued 
by  justice  of  the  peace  upon  docket  of 
predecessor  5805. 
For  judgment  liens,  how  kept  and  what 

to  contain  5275. 
In  justice's  court,   alphabetical   index  to 

be  kept  5802. 

Certified  copy  to  be  transmitted  on  ap- 
peal to  district  court  5791. 
Copy  of  to  be  used  on  appeal  in  district 

court  5789. 
Criminal  action  7474. 
Entry  to  be  made  of  date  of  trial  or 

hearing  and  mailing  notice  5733. 
In  civil  action,  entry  of  waiver  of  jury 

5766. 

What  entries  to  be  made  5800. 
Judgment  for  deficiency  may  be  entered 
after  sale  on  foreclosure   and  become 
lien  on  real  estate  5501. 
Of  judgment,  costs  to  be  included  5278. 
Of  judgment,  to  include  entry  of  interest 

and  costs  5388. 
To  be  open  for  inspection  without  charge 

5276. 

Transcript  of  to  be  certified  by  justice's 
court   on   transfer   of   case   to   district 
court  for  trial  5721. 
Document,  bringing  of  may  be  required  by 

witness  5431. 

Production  of  may  be  required  by  arbi- 
trators on  voluntary  submission  of  dis- 
pute between  employer  and  employee 
1932. 

Public  of  this  state  or  the  United  States 
other  than  judicial  in  custody  of  pub- 
lic officer  or  certified  or  verified  copy 
may  be  read  in  evidence  5409. 
Documentary  evidence  may  be  required  by 
mandamus  in  contest  for  county  or  town- 
ship office  1806. 

Dog  fights,  city  may  prohibit  794(75). 
Dog,  malicious  poisoning  of,  penalty  6775. 
Stealing,  penalty  6647. 
Tax  on,  city  may  impose  794(11) 
Vicious,  unlawful  to  keep,  penalty  6441. 
Domestic    amimals,    working    without    con- 
sent, penalty  6744. 
Domestic    corporations    consolidated    how, 

when  1245.  1246.     See  Corporations. 
Domestic  relations,  divorce  5838-5845.     See 

Divorce. 

Guardian  and  ward  6149-6201.  See  Guar- 
dians. 

Husband  and  wife  2155-2189.     See  Hus- 
band and  Wife. 
Marriage  2338,  et  seq. 
Doors  of  public  buildings  to  swing  outward 

6581. 
Double  compartment  shaft,  when  required 

in  mines  4216. 
Douglas  County,  creation,  boundaries,  seat 

390,  1442,  1450. 

Dower  or  courtesy,  no  estate  by  2161. 
Drainage,  eminent  domain  may  be  exercised 

for  5606. 

Draughtsman  in  land  office  4398. 
Drawing  checks  or  instrument  without  de- 
posit or  credit,  penalty  6672. 


Drawing  jury,  misconduct  of  officer,  penalty 
6325. 

Drawing  or  exhibiting  deadly  weapon  un- 
lawfully, penalty  6439. 

Driving  diseased  or  infected  animal  on  pub- 
lic highway,  penalty  2266,  2268. 

Drugs,  adulteration  of  4511. 
Adulterated,  defined  3492. 
Defined  3490. 

Omitting  or  wrong  label  6542,  6543. 
Standard  of  purity  defined  3491. 
To  produce  miscarriage,  sale  of  6448,  6449. 

Druggists.     See  Board  of  Pharmacy. 

Drunkards,  habitual,  consent  of  parents  ad- 
judged    guilty     of     being,     when     not 
required  on  adoption  of  child  5828. 
Sale  of  liquor  to  6523,  6836-6838. 

Drunkenness  6523. 
As  mitigation  of  crime  6282. 
Habitual,  gross,  when  ground  for  divorce 

5838. 
In  office,  penalty  2861-2863. 

Ducks,  wild,  closed  season  for,  what  2089. 

Due  process,  of  law.  guaranteed  175,  185,  237. 

Duel,    constable,    district  judge,   justice   of 
the    peace,    justice    of    supreme    court, 

*•*     sheriff  or   other   officers,    duty   to   pre- 
vent, failure,  penalty  2823. 
Forbidden  250,  370,  371,  2823,  6422-6426. 
Jurisdiction  for  prosecution  for  6910. 
Officers,  oath  to  take,  fighting  makes  in- 
eligible 370,  371,  2891. 
Seconding,  penalty  for  6426. 

Dues,  from  corporation  may  be  secured,  but 
corporators  not  individually  liable  for 
debts  (Nev.  Const,  art.  viii,  sec.  3)  340. 

Dumb.  See  Deaf,  Dumb  and  Blind  1702-1704. 

Duplicate  notice,  of  location  of  mine  in 
office  of  county  recorder  receivable  in 
evidence  same  as  original  2473. 

Duress,  obtaining  property  or  advantage 
by,  penalty  6821. 

"Dwelling  house"  defined  6294(17). 

Dynamite.     See  Explosives. 

Dynamite  machine,  making  or  having,  pen- 
alty 6571. 


Eagle,  American,  killing  unlawful  6811. 
Earnings  of  judgment  debtor,  exempt  from 

execution,  when  5288. 

Earnings  of  wife  and  minor  children  sepa- 
rate property,  when  2168. 
Of  wife  not  liable  for  debts  of  husband, 

when  2167. 

Easement,  when  may  be  taken  under  emi- 
nent domain  5607. 

Editors  and  publishers,  liability  of  for  pub- 
lications 6618. 
Editors'   libraries   and   certain  property   of 

exempt  from  execution  5288. 
Education.     See    Public    Schools    3239-3478, 

University,  Normal  Schools. 
Amendment  proposed  to  constitution,  art. 
xi,  sec.  3,  passed  at  legislative  sessions 
1909,  1911,  subject  to  ratification  by  the 
people  at  general  election  1912,  provides 
for  the  investment  of  school  moneys  in 
bonds  of  any  county  in  the  state  355. 
Certain  females  eligible  as  superintendent 
and  trustee  of  schools  371. 


2397 


INDEX 


Elections 


Education — continued. 

Education,  proceeds  from  land  granted 
state  by  act  of  Congress  of  July  2, 1862, 
for  college  for  benefit  of  agriculture, 
mechanic  arts  and  military  tactics  to 
be  invested  by  board  of  regents  of 
university  in  separate  fund  to  be  irre- 
ducible 360. 

Educational  districts  3264.  See  Public 
Schools  3239-3478. 

Estates  that  escheat  to  the  state,  fines 
collected  under  penal  laws  and  prop- 
erty bequeathed  to  state  pledged  to 
educational  purposes,  and  the  interest 
thereon  to  be  proportional  among  coun- 
ties as  legislature  may  provide  (as 
amended  1889)  355. 

Lands  granted  by  United  States  to  state 
and  proceeds  dedicated  to  educational 
purposes  355. 

Sectarian  instruction  not  to  be  imparted 
in  any  school  or  university  under  the 
constitution  361. 

Special  tax  to  be  provided  by  legislature 

(as  amended  1889)  358. 

Eight-hour-day    laws,    assessment    work    on 
miiiinir  claims  2430.  * 

Cement  mills  (5559,  (5560. 

Mills  for  ore  reduction  6555,  6556. 

Open-pit  or  open-cut  mines  6557,  6558. 

Plaster  mills  6559,  6560. 

Public  works,  unskilled  labor  on  3481,  3482, 
6778. 

Railroads,  telegraph  and  telephone  opera- 
tors, block  signals  3597,  3598. 

Smelters  r,r,.v,.  r,.v,<;. 

Surface  men  of  underground  mines  1941, 
1942. 

Telegraph  or  telephone  operator  on  rail- 
road using  block  signals  3597-3599. 

Underground  mines  6554,  6556. 
Ejectment,   jurisdiction   of   action   for   321  ,— 
*  4840.     See  Civil  Practice,  Forcible  Entry 

and  Detainer  under  Civil  Practice,  5585«» 
•5605,  6743. 

ELECTIONS 
ABSTRACT  OF  VOTES— 

Copy  of  supplied  secretary  of  state,  when,  by 

whom  1797,  1799,  1801,  1881. 
Made,  how,  when,  by  whom  1796, 1800. 
Military  service,  made  how,  when,  by  whom 

1887. 
Transmitted  to  secretary  of  state,  how,  when, 

by  whom  1797,  1801. 

ACTS   PROHIBITED  AND  PUNISHED— 
Applying  for  ballot  wrong  precinct  1862. 
Attempting  to  vote  when  not  authorized,  1827. 
Betting  on  1788. 
Bribery  and  intimidation  1829,  2414,  6dl9, 

6802  (Const.  285). 
Buying  votes    1829. 
Certificates     nomination     destroyed,     false, 

fraudulent  1859. 

Changing  ballot  after  same  has  been  depos- 
ited 1826. 

Corrupting  or  intimidating  electors  6802. 
Corrupt  practices  at  elections  6803. 
County  commissioners,  failure   transmit  votes 

1797. 

151 


Acts  prohibited — continued. 

County    clerk,    failure    certify    amendments 
1842. 

County  clerk,  failure  transmit  abstract  votes 
1801. 

Destruction  ballot  1860. 

Destruction  election  supplies  1826,  1860. 

Disclosing  design   or  watermark  on   paper 
1859. 

Disclosing  secrecy  ballot   1828. 

Disobeying  order  justices  supreme  court  cr 
district  judges,  contempt,  when  1763. 

Elector  refusing  to  be  sworn  1825. 

Election  laws,   violation  of  by  any  person 
1862. 

Election  officer,  neglect  of  duty  1861. 

False  oath  before  registry  agent  1719. 

Fraudulent  action  officers  1824. 

Fraudulent  attempt  to  vote  1827. 

Fraudulent  voting  1826. 

Illegal  acts  18LMJ. 

Illegal  registering  1718. 

Inspectors     election,     failure    notify    board 
unwillingness  to  serve  1772. 

Interfering  with  election  officers  to  prevent 
lawful  action    1826. 

Liquor,  selling  of,  on  election  day  1830. 

Making  false  certificate  nomination  1859. 

Marking  ballot  or  stub  for  identification  1859. 

Marking  ballot  unlawfully  1862,  1864. 

Misconduct  in  signing  or  filing  referendum 
or  other  petition,  misdemeanor,  when  6670. 

Neglect  of  officer  to  file  papers  1765. 

Neglect  officers  perform  election  duties  1861. 

Oath,  false  regarding  ballot  1859. 

Offering  legislative  or  election  bribes  6319, 
6802,  6803. 

Offering  to  appoint  officer  1829. 

Offering   to   procure   appointment   of  officer 
1829. 

Officer  election  attempting  influence  vote  2814. 

Officer  election   attempting  obtain   informa- 
tion ballot  1828. 

Officer    tampering   with    nomination    papers 
1765. 

Penal  provisions  general  election  applicable 
primary  election  1765. 

Prompting  challenged  voter  1731. 

Registration,  illegal  1718. 

Registry  agent,  violation  election  laws,  fel- 
ony 1719. 

Removal  ballots  from  election  place  before 
closing  polls  1862. 

Reward  to  be  offered  for  arrest  violators  elec- 
tion laws  1831. 

Secretary   of   state,    failure   certify    amend- 
ments 1842. 

Selling  liquor  on  election  day  1830. 

Soliciting  elector  to  show  ballot  1862. 

Supplies,  destruction  of  1860. 

Tampering  with  ballots  or  election  material 
1826. 

To  withdraw  from  referendum  or  other  peti- 
tion for  compensation  6670. 

Unlawful  holding  of  office  1815. 

Violation  election  laws,  reward  for  1831. 

Violation    primary    law,    punished    same    as 
other  violations  1765. 

Violation  school  election  law  3294-3296. 

Voting  fraudulently  1826. 

Voting  more  than  once  1826. 


Elections 


INDEX 


2398 


ADJUTANT-GENERAL,  ex  officio  lieutenant- 
governor,  4249-4250  (Const.  310)  — 

Certify  list  military  service  voters  to  secre- 
tary of  state  1887. 
Age  qualification  of  candidates  various  offices 

2766. 

Age  qualifications  electors  (Const.)  250. 
Alien  not  to  be  naturalized  thirty  days  before 

election  2519. 

Appointed  officers,  who  2765. 
Arrest,  civil,  forbidden  on  election  day,  when 

253. 
ASSEMBLY— 

Composed,  how  4111. 

Convened,  how  4112,  41i3. 

Members  of  elected  2765  (Const.  261). 

Officers  and  attaches,  whom  4115. 

Sole  power  of  impeachment  (Const.)  334-337. 

Speaker   of,    receive   certificates   nomination 
TJ.  S.  senator  receiving  highest  vote  1758. 

When  convened  *113  (Const.  260). 
ASSEMBLYMEN  2765  ( Const.  260-261  )  — 

Apportioned,  how  4111. 

Compensation,  expenses  limited  (Const.)  291. 

Election  contest,  conducted  how  1818. 

Eligibility  (Const.)  263. 

Nomination  papers,  contain  what  1740. 

Vacancy  in,  filled  by  special  election,  how, 
when  2797. 

When  elected  2779. 

ATTORNEY-GENERAL    4128-4134    (Const. 
312)  — 

Duty  prepare  necessary  election  forms  1766. 
BALLOTS— 

Applying  for  at  wrong  precinct,  misdemeanor 
1862. 

Canvass,  conducted,  how  1755,  1791,  1792, 
1796. 

Canvass,  by  county  commissioners  1757-1796. 

Canvass,  by  district  judges  1513. 

Canvass,    by    justices    supreme    court    1797 
(Const.  297). 

Canvass  by  mayor,  city  and  town  elections 
801. 

Canvass,  rejected,  by  inspectors  election  1863. 
'Changing  same  after  deposited,  felony  1826. 

Checked  how,  when  voted,  by  whom  1754, 
1890. 

Contain,  what  1844. 

Cost,  maximum  allowed  for  printing  1840. 

Counted,  how,  and  preserved  1795. 

Counting,  tallied  how  1794. 

County  clerks  supply  election  precincts  1846. 

County  clerk  to  have  printed  1840.    See  sees. 
1843, 1847, 1855, 1897. 

County  commissioners  to  canvass  1757. 

County  high  school,  contain  what  3414. 

Custody,  who  to  have  when  counted  1795. 

Defaced  or  spoiled,  disposed  of,  how  1752. 

Destruction  of  1860. 

Different  for  voters  out  of  town  1868. 

Disclosing    design    or   watermark    on    paper 
1859. 

Distributed,  how  1748. 

Districts,  canvass  how  1800. 

Error  in,  ordered  corrected,  how,  by  whom 
1763, 1847. 

Error,  technical,  when  not  considered  1753. 

Excess  of  poll  list,  disposed  of,  how  1793. 

Expenses  for  and  supplies,  1744,  1S02,  1833. 

False  oath,  making  of,  felony  1859. 


Ballots — continued. 

Filed  on  string,  by  whom,  when,  where  for- 
warded 1795. 

Folded  and  disposed  of,  how  1754. 

Folded  containing  two  ballots  voted,  marked 
how,  and  rejected  1792. 

Form,  color  and  size  1779. 

Form,  general  election  1779. 

Furnished  by  county  1744,  1833. 

Furnished  by  secretary  of  state  1893. 

Furnished  to  voters,  how  1744-1849. 

Inspection,  subject  to,  by  whom,  when  1795. 

Inspectors  election,  canvass  rejected  1863. 

Inspectors  election,  custody  of  1877. 

Irregular,  thrown  out,  when  1858. 

Kept  how  long  after  being  cast,  by  whom, 
how,  where  1795. 

Kept  in  sealed  packages,  when  1876. 

Legality  of,  determined  how  1787. 

Made,  how  1844. 

Marking  for  identification,  felony  1858, 1859, 
1864. 

Marks,  nullify,  when  1753, 1858. 

Military,  official  1890, 1893. 

Names  rejected,  when  1785,  1792. 

New,  obtained,  how  when  spoiled  1854. 

Not  deposited,  when  1856. 
•     Not  to  be  exhibited,  1784. 

Number  of,  supplied  per  registered  voter  by 
county  clerk  1846. 

Number  of,  bound,  how  1845. 

Officer  election  attempting  to  obtain  informa- 
tion of  1828. 

Official,  contain  what  1868. 

Official,  primary,  contain  what  1747. 

Official,  primary,  form  of  1747. 

Prepared  before  casting,  how  1852. 

Primary  provided,  how  1747,  1748. 

Printed,  where  1747, 1840. 

Printing  or  furnishing  imitation  ballot  paper, 
felony  1859. 

Quality  and  character  of  1747. 

Recount  ordered,  when  and  by  whom  15131, 
1796. 

Regulations  as  to  voting  1754, 1852. 

Rejected,  canvassed  how  1863. 

Rejected,  reason  for  indorsed  thereon  1864. 

Rejected,  transmitted  where  1863. 

Removal    from   polls   before   closing,    misde- 
meanor 1862. 

Sample,  distributed  how,  when  1748. 

Sample,  instructions  to  voter  1857. 

Sample,  primary,  form  of  1747. 

Sample,     primary,     printed,     how,     contain 
what  1748. 

Sample,  posted  where,  when  1857. 

Sample,  voter  entitled  to  1857. 

Sample,  voter  entitled  to,  primary  1748. 

School  election,  form  of  3291. 

Sealed   and   transmitted   by   registered   mail 
1874. 

Secretary    of    state    furnish    county    clerks 
1843,  1893. 

Soliciting  elector  to  show,  misdemeanor  1862. 

Spoiled,  treated  how  1752,  1854. 

Subject  to  inspection,  when  1795. 

Supply,  furnish  and  have  printed  1893. 

Taken  from  ballot-box,  how,  when,  by  whom 
1792. 

Time  allowed  to  cast  1853. 

Time  canvass,  when  to  begin  and  end  1791. 


2399 


INDEX 


Elections 


Ba  1 1<  >ts — continued. 

Town  candidates  for  town  voters  only  I860. 

Transmitted  by  mail,  when  1874-1877. 

1'.  S.  senator,  contain  what,  designated  how 

1897. 

Voted,  how  1747,  1754.  1852. 
Yoier.  physically  disabled,  mark,  how  1855, 

329.1. 

Voter,  number  of  entitled  1752,  1854. 
When   error  or  omission   in,   corrected   how 

1763,  1847. 
Written   and   printed   names  for  same  office, 

which  to  be  rejected  17Sf>. 
BALLOT-BOX— 

After  election,   where  to  be  kept,   by  whom 

1  -j-j^-j 

Care  of  177S.  17S2.  1795. 

Custody  of  1783,  1795,  1*77. 

Form  of  1778. 

Furnished  by  county  commissioners  1777. 

Inspectors  receive,  how,  when  1788. 
P.eit  inir  on.  misdemeanor  17  vs. 
!',<  >AUD  OF  CANVASSERS.    See  Canvass  of 

^'(>t('s — 

City  and  town  elections,  who  1513. 

County  commissioners,  to  act  when  1513. 

County  elections,  who  1513. 

District  judge  1513. 

Duties  of  iril.0,. 

Duties  of.  concerning  military  vote  1892. 

Justices    of    supreme    court,    when    to    meet 
1707  (Const.  297). 

Members  of  1513. 

State  election,  who  1892  (Const.  297). 
BOARD  COUNTY  COMMISSIONERS  1501- 
1.~:U  (Const.  284)  — 

See  County  Commissioners. 
BOARD  OF  ELECTION.     See  Election  Offl- 
<•>  r.s — • 

Appointed,  how  1773-1  S."  7. 

Compensation,  by  whom  paid  1750-1796. 

Duties  of  SOI,  1857,  3298. 
P.nAIiD  OF  EXAMINERS— 

Order  amendments  published  1878. 
Bonds,  official  805,  2868-2879. 
Books   for.   prepared  1706,   expense  1744,   fur- 
nished,   how   1726,    signature   elector,   when 

challenged  must  sign  1731,  transfer  contain 

names  electors  transferred  1730. 
BOOTHS— 

Character  of  1850. 

County  commissioners  to  provide  1850. 

Number  of,  determined,  how  1850. 

Persons  occupying,  number  of  1853. 

Time  occupying  1853. 
Bribery  or  intimidation  1829,  2814,  6802,  6803, 

6319  (Const.  285). 

By  the  people  to  be  by  ballot  (Const.)  254. 
By  the  legislature  to  be  viva  voce  (Const.)  254. 
CANDIDATES.  See  Nomination;  Nomination 
Papers;  Conventions — 

City  and  town,  elected,  how  801. 

Convention,  members  of  1760. 

County  clerk  to  publish  list  of  1745, 1746. 

County,    nomination    papers,    contain    what 
1740. 

County,  nomination  papers,  filed  where,  when 
1740-1741. 

Duty    secretary    of   state    certify    names    to 
county  clerks  1745. 

Elected,  how  801,  1758. 


Candidates — continued. 

Error  or  omissions  on  ballot,  may  have  cor- 
rected, how.  when  1763, 1847. 

Fees,  filing  nomination  papers  1742. 

For  delegates  to  national  convention  1760. 

Independent,  nominated  otherwise  than  by 
convention  1737.  1836. 

Independent,  not  prohibited  being  voted  for 
at  general  election  1740. 

Legislative,  declaration  of  as  to  U.  S.  sena- 
tor 1740. 

List  of,  published  1746. 

Names  placed  on  official  ballot,  when  1758. 

Nominated,  county,  convene  formulate  county 
platforms,  how,  when,  where  1759. 

Nominated,  convene,  formulate  state  plat- 
forms, how.  when,  where  1760. 

Nominated,  how  1737. 

Nominated,  when  1738,  1758. 

Proxies,  members  of  convention  can  be  rep- 
resented by  1760. 

State,  nomination  papers,  filed  when,  where 
1740,  1741. 

Statements,  form  of  1740. 

To  receive  ollieinl  nomination  certificates 
from  whom,  when  1  7.~>x. 

II.  S.  senator,  nominated,  how  1737, 1896. 
Canvass  state  officers  (Const.)  297.     See  Can- 
vass of  Votes. 
CANVASS  OF  VOTES— 

By  county  commissioners  1513,  1757-1796. 

By  district  judges  1513.  ^ 

By  inspectors  of  election  1863. 

By  judges  of  election  1756. 

By  justices  supreme  court  1797  (Const.  297). 

By  mayor  and  council  801. 

Cities  and  town  officers,  by  whom,  when  801. 

Compiled  by  whom  1757,  1796. 

Conducted,  how  17.~><;. 

Constitutional  amendments  1881. 

District  judge  to  canvass  legislative  candi- 
dates and  county  commissioners  1513. 

District  officers,  how  1892  (Const.  297). 

Legislative  candidates,  how,  by  whom,  when 
1513. 

Made  how  1756,  1796,  1891. 

Manner  of  canvass  1513,  1792,  1796. 

Military  1891. 

Military  service  1887,  1893. 

Military,  transmitted,  how  1891. 

Official,  U.  S.  senator,  transmitted,  how  1898. 

Presidential  electors  1797. 

Public  1791. 

Rejected,  on  separate  sheets  1863. 

Returns,  compiled  by  whom  1757. 

Reviewed  by  whom  1796. 

State  officers,  how  1892  (Const.  297). 

Soldiers  and  sailors  1887,  1891. 

Tally  lists,  kept,  how  1756. 

Time  state  returns  canvassed  (Const.)  297. 

Transmitted  secretary  of  state  1797,  1893. 

When  all  ballots  counted,  military  service, 
sealed,  transmitted,  how,  opened  when,  by 
whom  1891. 

When  to  be  begun  1791. 
CENTRAL  COMMITTEES— 

Chosen,  how  1759,  1760. 

County,  organized,  when,  where  1759. 

County,  vacancy  in,  filled,  how  1759. 

Proxies,  qualifications  of  1760. 

State,  organized  when,  where  1760. 


Elections 


INDEX 


2400 


Central  committee — continued. 
State,  vacancy,  filled,  how  1759. 
Vacancies  on  ticket,  filled,  when,  by  whom 

1761,  1839. 
CERTIFICATES— 

Election  1513,  1796,  1797,  2794. 
Election,  county  committeemen  1758. 
Election,  city  officers,  issued  how,  by  whom 

801. 

Election,  issued  how  1513,  2793. 
Election,  issued  to  whom  1810. 
Election,    issued    officers    elected,    when,    by 

whom  1796,  1797,  2794. 
Election,  state  officers,  members  legislature, 

county  precinct  officers,   issued  by  whom 

1513,  2794-. 
Electors,   choice  precincts  on  certificates  or 

affidavit  1714. 

Filed  with  county  clerks  for  county  and  dis- 
trict offices  1837. 
Filed   with   secretary   of   state,    state   offices 

1837. 

Form  of,  military  service  1890. 
Identification,  for  election  day  1731. 
Naturalization  produced  when  1711. 
Nomination,  county  and  district  offices  filed 

with  county  clerk  1837. 
Nomination,  false  or  fraudulent  1859. 
Nomination,  published,  when  1841. 
Nomination,  form  of  1740,  1758. 
Nomination,    issued    how,    when,    by    whom 

1758. 

Nomination,  issued  and  transmitted  1758. 
Nomination  filed  with  secretary  of  state  1791. 
Nomination    U.    S.    senator,    transmitted    to 

speaker  assembly  1758. 
Returns,  military  service  1890. 
CERTIFICATES  ELECTION— 

Certificate  not  to  be  withheld  on  account  of 

technical  defect,  when  1798. 
City  officers,  issued  how,  by  whom  801. 
Congressman  2794. 
County  clerks  1796. 
County  clerks  issue  when  ordered  by  county 

commissioners  1513,  1796. 
County  committeemen  1758. 
County  officers  1513,  1796. 
District  judges  2794. 
Governor   certify   election   U.   S.   senator  to 

president  senate  1905. 

Governor  issue  state  officers,  when  1797,2794. 
Governor  issue  after  canvass  by  justices  of 

supreme  court  1797. 
Issued  after  election  contest  1810. 
Issued  by  county  clerks  to  whom,  how,  when 

1513,  1796. 
Issued    by    county    commissioners,    how,    to 

whom  1796,  2794. 
Issued  persons  receiving  highest  number  of 

votes  1797. 

Issued  members  legislature  2794. 
Issued  when  counties  united  in  one  senator- 
ial, representative  or  judicial  district  1800. 
Limitations   of  actions   in   election   contests 

4972-4973. 

Members  of  legislature  1513,  1796. 
Papers  to  be  served,  how,  when  1811,  1816- 

1820. 

President  senate  certify  election  U.  S.  sena- 
tor to  governor  1913. 


Certificates  election — continued. 

School  trustees,  issued  to  whom  3299. 

Speaker  assembly  certify  election  LT.  S.  sen- 
ator to  governor  1913. 

State  officers  1797,  2794. 

Township  officers  801,  1796. 

U.  S.  senator  1913. 

Withheld  on  account  of  defect  or  informal- 
ity, when  1798. 
CERTIFICATES  NOMINATION — 

Candidates,  county,  filed  where,  with  whom 
1837. 

Candidates,  state,  filed  with  whom  1837. 

Certified,  how,  when,  by  whom  1835. 

Chairman  convention  to  sign  1835. 

Destroyed,  felony,  when  1859. 

Fees   for   filing,   nomination   papers   various 
candidates  1742. 

Filed,  when  and  where  1839. 

Filed  with  county  clerk,  when  1839. 

Filed  with  secretary  of  state  1839. 

Issued,  how  1758. 

Issued  to  whom  1758. 

Making  false  or  fraudulent,  felony  1859. 

Oath  chairman  convention,  attached  to  1835. 

Oath  secretary  convention,  attached  to  1835. 

Otherwise    than    by    convention,    made    how 
1836. 

Restrictions  in  making  1838. 

Secretary  of  convention  to  sign  1835. 

Transmitted,  how  1758. 

U.  S.  senator,  filed,  when  1897. 
CERTIFICATES  RETURNS— 

City    and    town    elections,    kept    where,    by 
whom  801. 

Military  service,  form  of  1890. 
Certificates  of  transfer  of  vote,  how  secured, 

by  whom  issued  1714. 
CHAIRMAN  POLITICAL  PARTY— 

Receive  result  election  returns  1757. 

Selected,  how  1760. 
CHALLENGE— 

General  election,  made  to  voter,  how  1790. 

Oath  administered  challenged  voter  at  polls 
1790. 

Oath    administered    challenged    voter   school 
election  3296. 

Polls  1717,  1790. 

Primary  election,  made  to  voter,  how  1752. 

Prompting  challenged  voter,  penalty  1731. 

Registration,  made  how  1712. 

School  election,  made  to  voter,  how  3296. 

Voter,   qualify   how,   after  being  challenged 

1731. 
CHECK  LISTS— 

Furnished  by  registry  agent  1717. 

Vote  cast,  checked  when,  by  whom  1754. 

Voter,  name  must  appear  thereon  1717. 
CITIES  AND  TOWNS  801-805— 

Bond  and  oath  805. 

Canvass  of  votes,  by  whom,  when  801. 

Contest,  conducted  how,  where  801. 

Oath,  taken  when  805. 

Special   election,   city  and  town,   conducted, 

how,  held,  when  801. 
Civil  process  suspended  on  election  day  ( Const. ) 

253. 
CLERKS  ELECTION— 

Appointed,  how,  by  whom  1773,  1849. 

Charge  of  ballots  election  clay  1849. 

Compensation  of  1796,  1802. 


2401 


INDEX 


Elections 


Clerks  election — continued. 

Duty   regarding  spoiled   or  canceled   ballots 

1854. 
Inspectors    election    administer    oath,    when 

1~7.~». 

Prying  into  secrecy  of  ballot  1828. 
Service,  form  of  1773. 
Trying  to  control  vote  2814,  2815. 
CLERK    SUPREME    COURT    2776  (Const. 

380)  — 

Elected,  by  whom  2773. 
Commission  of  office,  person  elected  entitled  to 

2796. 
COMPENSATION— 

Members  of  legislature  (Const.)  291. 
Officers,  city  814. 
<  Kficers,  county  1501-1701. 
Officers,  general  election  1796. 
Officers,  primary  election  1750. 
Officers,  school  election  3283. 
County    board    education,    elected,    how,    who 

3418. 
County     central     and     executive     committees, 

selected,  how  1760. 

County  high  school,  established,  how  3413-3415. 
Constitution  of  Nevada  226-427. 
Constitution  of  United  States  86-190. 
Constitution,     state,     amended,     how  (Const.) 

383,  384. 

CONSTITUTIONAL  AMENDMENTS— 
Canvassed,  how  1881. 
How   submitted   to  voters,  by  whom,   when 

1842. 

Proposed,  when  1878. 
Published,  how  long  1842,  1878,  1879. 
Secretary  of  state  to  certify  1842. 
Submitted  to  voters  1878-1881. 
CONTEMPT— 

Disobeying  mandate  justices  supreme  court 
or  district  judges,  to  correct  errors  or 
omissions  1763. 

CONTEST.     See  Election  Contest. 
CONVENTION— 

County  candidates,  formulate  platform,  con- 
vene where  1759. 
Defined  1834. 

Delegates   selected   for   national   convention, 
how   1737,    1760,    1834.     See   note   under 
Primary  Elections. 
Joint    convention    both    houses    legislature 

(Const.)  292. 
Legislature  in  joint  convention,  proceedings 

1908-1914. 

National,  delegates  to,  elected,  how,  where 
1737,  1760,  1834.  See  note  under  Primary 
Elections. 

State  candidates,  formulate  platform,  con- 
vene, where  1760. 

County    and    township    officers,    special    laws 
affecting  election  of,  prohibited  (Const.) 278. 
COUNTY  CLERKS    (Const.  290)  1613, 1614. 
Candidates'  fees,  disposed  of,  how  1743. 
Certificates  nomination  to  file  1837,  1839. 
Certify  registry  list  to  secretary  of  state  1735. 
Constitutional  amendments,  copies  of,  mailed 

voters  1879. 

Custody  of  ballots  1795. 
Custody  of  ballots,  not  to  have  when  a  can- 
didate 1795. 
Data  insert  in  official  ballots  1868. 


County  clerks — continued. 

Disposal  of  fees  received  from  candidates 
1743. 

Duties  concerning  election  contests  1805, 
1811,  1818,  1820. 

Duty  concerning  placing  names  of  candi- 
dates on  official  ballots  18.68. 

Duty  concerning  publication  constitutional 
amendments  1842,  1868,  1879. 

Duty  file  certificates  nomination  county  offi- 
cers 1837. 

Duty  forward  notices  to  registry  agents  1770. 

Duty  issue  certificates  of  election  legislative 
candidates  and  county  commissioners, 
when  1513. 

Duty  keep  record  rejected  ballots,  returns 
and  results  election  1763. 

Duty  print  ballots  1840. 

Duty  publish  list  of  candidates  to  be  voted 
for  how,  when  1745,  1746. 

Duty  publish  questions  submitted  by  ref- 
erendum petition  1884. 

Duty  transmit  complete  list  registered  voters 
to  secretary  of  state  1735,  3981. 

Duty  transmit  election  contest  papers  to 
legislature,  when  1820. 

Duty  transmit  papers  secretary  of  state 
election  contest,  when  1820. 

Elected,  when  2781. 

Error,  duty  to  correct  in  ballots,  how,  when 
1847. 

Failure  comply  with  provisions  regarding 
certification  of  amendments  1842. 

Fees  of  candidates,  disposed  of,  how  1743. 

Fees,  election  contest  case  secured,  how  1811. 

Fees,  for  filing  nomination  papers  1742. 

File  list  registered  voters  sent  by  registry 
agent  3981. 

Furnish  adjutant-general  list  registered  vot- 
ers, how,  when  3981. 

Furnish  election  officers  election  laws  1832. 

Furnish  poll  books  and  supplies  1769. 

Furnish  registration  lists  to  inspectors  1713. 

Issue  certificates  of  election  1513,  1796. 

Mail  to  voters  copies  newspapers  containing 
proposed  amendments  1879. 

Manner  of  election,  by  whom  2773. 

Notices  of  election  (special  and  general)  to 
give,  how  1770. 

Prepare  abstract  votes,  furnish  copy  to  sec- 
retary of  state  1797,  1799,  1881. 

Prepare  statement  result  primary,  forward 
to  secretary  of  state  1757. 

Primary  nomination  papers  to  be  filed  with 
1741. 

Provide  ballots  for  primary  1747,  1748. 

Provide  election  officers  with  ballots  1848. 

Provide  election  precincts  with  ballots  1846. 

Provide  printed  ballots  1843,  1846,  1848, 
1868. 

Publish  list  candidates  and  offices  to  be  filled, 
primary  election  1739. 

Publish  candidates,  primary  1745,  1746. 

Publish  list  nominations  1841. 

Publish  notice  primary  election  1739. 

Registry  lists  filed  with  by  registry  agents 
1734,  1735,  3981. 

Record,  must  keep  result  returns  trans- 
mitted by  inspectors  election  1863. 

Sample  ballots,  cause  to  be  printed  how, 
when  1857. 


Elections 


INDEX 


2402 


County  clerks — continued. 

Supervise  printing  of  ballots  1840. 

Supply  number  ballots  per  registered  voter 

1846. 

Transmit  abstract  votes  to  whom  1801. 
Transmit  to  city  treasurer  fees  received  from 

candidates  1743. 
COUNTY      COMMISSIONERS      1501-1534 

(Const.  284)  — 
Appoint    deputy    sheriffs    to    preserve    order 

1789. 

Appoint  inspectors  election,  when  1768. 
Appoint    registry    agent,    when    1705,    1721, 

1725. 

Appointed  by  governor,  when  2805. 
Canvass  election  returns,  when  1513,  1757, 

1800. 

Canvass  votes,  how,  when,  where  1796. 
Certificates  of  election,   cause  to  be  issued, 

how,  when  1800. 

Constitutional  officers  (Const.)  284. 
Declare  county  offices  vacant  2802. 
Duty  to  establish  election  precincts  1768, 

1508. 

Errors  or  omissions  on  ballots  ordered  cor- 
rected, how,  when  1847. 
Failure  transmit  abstract  votes  secretary  of 

state  1797,  1847. 
Make  temporary  appointment  officers,  when 

2805. 

New  election  to  order,  when  1796,  2797. 
Notice  election,  form  of  1770. 
Notice  election,  must  order  given,  when  1770. 
Power  to  appoint  registry  agents  1705. 
Proclaim  and  publish  constitutional  amend- 
ments, l^w.  when  1XSO. 

Provide  booths  for  voting,  character  of  1850. 
Provide  election  stationery  1700. 
Recount  on  account  tie  vote  ordered,  when 

1796.     See  Recount. 
Supply  ballot-box  1777. 

Supply  official  register  and  stationery  1726. 
Tie  vote,  county  officers,  to  determine  1796. 
Tie  vote,  members  assembly  and  senate, 

determined,  how  1796. 
Vacancy  in.  filled  how,  when  1501,  2805. 
COUNTY  COMMITTEEMEN— 

Executive    and    county    committees,    chosen 

how  1709. 

Issue  certificate  of  election  1758. 
County  government  1501-1529  (Const,  284). 
County   officers,    elected   by   whom   2773.     See 

County  Government. 

County  officers,  manner  of  election  1531-1534. 
Cumulative  voting,   when  allowed  election  di- 
rectors 1124. 

Delegates.      See  Convention,  post. 
DEPUTY  SHERIFFS— 

Appointed  to  preserve  order,  how,  when  1789. 
Directors  of  corporation  elected,  how  1130.  See 

Corporations. 
DISTRICT  ATTORNEY   1593-1607— 

Dr-ty  bring  action  unlawfully  holding  office 

1814,  1815. 
Duty  when  defendant  arrested  for  usurping 

office  1815. 

Elected,  by  whom  2773. 
Elected,  when  1593,  2781. 
Vacancy,  filled,  how  1607. 
DISTRICT  COURTS— 

Judicial  districts  established  4901. 


District  courts — continued. 

Jurisdiction  certain  contests  1806. 

Power  make  order  election  directors  of  cor- 
porations, how,  when  1130. 

Time  of  holding  (Const.)  322. 
DISTRICT  JUDGE    2778,    4901  (Const.  320- 
326). 

Authority  correct  official  ballot  1763. 

Canvass    votes,    legislative    candidates    and 
county  commissioners  1513. 

Elected,  by  whom  2773. 

Elected,  when  2778. 

Ineligible  toother  office  during  term  (Const.) 
326. 

Offices  contested,  when  1813. 

Order  arrest  usurper  office  1815. 

Order  contestants  proceed  with  contest,  when 

1764. 

District  returns,  made  how  1800. 
Disqualified  from  holding  office,  who  (Const.) 

268. 
ELECTION— 

Assemblymen,  elected,  when  2779. 

Board,  receive  original  official  register  1729. 

By  ballot  (Const.)   254. 

City  and  town  officers,  conducted  how  801, 
1866. 

County  high  schools  3413-341.",. 

County    officers,    elected,    when,    by    whom 
2781. 

Defined  1736. 

Directors  of  corporations,  how,  when  elected 
1117,  1121,  1123,  1129. 

Distinguished  from  primary  1736. 

District  judges,  elected,  when  2778. 

General  1767-1S32. 

General,    city,    county,    township,    primary, 
terms  construed  1736. 

General,  form  of  notice  1770. 

General,    held   when   1767  (Const.  373) . 

Irrigation  district  bond  issue,  election,  how 
conducted  4786. 

Irrigation  officers  of  irrigation  district,  how 
elected  4786.     See  Water  4672-4791. 

Legislators,  vote  viva  voce  (Const.)  2.~>4. 

New,  when  may  be  held  1796,  1848. 

November,  defined  1736. 

Officers,    appointed,    when,    by    whom    1750. 
1768,  1773. 

Officers,  compensation  of  1750,  1796. 

Officers,  precinct,  elected,  by  whom  277.°). 

Officers,     presence     required     polling    places 
1755. 

Polls,  opened  and  closed,  when  1749. 

Presidential  1736. 

Primary  1736-1766. 

Primary,  date  of  1738. 

Primary,  defined  1736. 

Primary,  when  not  held  for  certain  officers 
1737. 

Primary,    other    than    in    September,    held, 
when  1738. 

Returns,  form  of.  aggregate  1794. 

Returns,  transmitted  board  county  commis- 
sioners 1713. 

September  primary,  defined  1736. 

State  officers,  elected  by  whom  2773.  2774. 

State  senators,  elected,  where  2780. 

Stationery,  provided  by  county  commission- 
ers 1706. 

School  trustees  3278-3313. 


2403 


INDEX 


Elections 


Election — continued. 

Supplies    and    ballots    provided,    how    1726, 

1744. 

Township  officers,  elected,  by  whom  2723. 
Elector,  qualifications  1724,  2764;    territorial 
act  196  (Const.  250).    See  Voter.     Presiden- 
tial, qualifications  (U.   S.  Const.)  141. 
Electoral  year  defined  1710. 
ELECTION  CONTEST— 
Brought,  when  1894. 
Candidates  for  nomination  at  primary,  when 

1764. 

Causes  of  1803. 
Certificates  of  election  issued  after  contest, 

to  whom  1810. 
City  officers,   conducted,   how,   when,   where 

801. 

Clerks'  fees  1811. 

Complaint,  contains  what,  form  of  1805. 
Conduct  of.  members  legislature  1818. 
County  and   township  officers  1803,   et  aeq. 
County   clerk   transmit   all   papers   members 

legislature  1820. 
Courts    having    jurisdiction     various    offices 

1806, 

Damages  recoverable  usurpation  office  1816. 
Depositions,  contestants  may  take,  how  and 

when  1S±>. 

Defendant  may  be  arrested.  lm\v.  when  1815. 
Dismissal  for  want  of  form  prohibited  1807. 
District  attorney  bring  contest  against 

unlawful  holder  office  1814.  1815. 
District  court,  jurisdiction  of  1806. 
District  judge,  how  and  when  heard  1813. 
Fees,  county  clerk  1811. 
Fees,  sheriff  1811. 
Fees,  witnesses  1811. 
Grounds  for  lsi»5. 
Incumbent's  till.'  tried.  h<>\v   1M  1. 
Judgment,  certificate  election  1810. 
Jurisdiction  courts  1806. 
Justices    peace    issue    attachments,    assess 

fines   against    witnesses   1819. 
Justices  peace  issue  subpenas,  when  1819. 
Justices    peace    take    depositions,    members 

legislature  1818. 
Justices  supreme  court  order  contestants  to 

proceed  with  contest,  when  1764. 
Limitation  time,   begins  to  run,  when  1894, 

1895. 

Mandamus  by  district  court  remedy  to  com- 
pel documentary  proof,  when  1806. 
Members   legislature,   conducted,   how   1818. 
Members  legislature,  duty  secretary  of  state 

1821. 
Misconduct  of  inspectors  election,  effect  of 

1804. 

Nomination,  proceeded  with,  how  1764. 
Notice  of  1808. 

Office,  when  declared  vacant  1812. 
Person    unlawfully    holding    office    arrested, 

when  1815. 
Presiding   officer   in   legislative   branches   to 

give  notice  of  depositions   and  papers  in 

election  contest  for  member  of  legislature 

1821. 

Primary  election  candidate  may  contest  nom- 
ination, when  1764. 
Proceeded  with,  how  1764. 
Quo  warranto  5656-5682. 
Secretary  of  state,  duty  deliver  papers,  how, 

when,  to  whom  1821. 


Election  contest — continued. 

Several  persons  claiming  office,  determined, 
how  1817. 

State  officers,  who  may  bring,  how  1823,  et 
seq. 

State  senator,  conducted,  how  1818. 

Statement  of,  not  to  be  dismissed  for  want 
of  sufficiency,  when  1807. 

Subpeuas  issued  by  justices  of  peace,  when 
1819. 

Subpenas  witnesses,  procured,  how  1809. 

Testimony   in  writing  1820. 

Time  and  place  of  hearing,  fixed,  how  1808. 

Time  for  filing  1805. 

Time   for   contest   or   recount   commences   to 
run    1S!>4.    1S95. 

Who  may  contest  1803. 

\Vii nesses,  subpenaed  how  1809. 
Election  returns.     See  Returns. 
Electoral  year  defined  1710. 
ERRORS.     See  Ballots— 

Corrected,  how.  when  1763,  1S47. 
i:\<'HSS  BALLOTS— 

Excess  of  poll  list,  disposed  of,  how  1793. 
Federal  office  holder  disqualified  to  hold  office, 

when  (Const.)  267,  305. 
Expenses  isirj.  1711.  1X33. 
FEES  (See  aho  Compensation}  1994-2004, 

L'OIC,      - 

<  'lerks,  election  contest  1811. 

County  clerks  filing  nomination  papers  1742. 

Filing  nomination  papers,  various  state,  dis- 
trict, county,  federal  candidates  1742. 

Received    from   candidates,  disposed  of,  how 
1743. 

Secretary    of    state,     duty    concerning    fees 
received  from  state  candidates  1743. 

Secretary  of  state,   filing  nomination  papers 
1711'. 

State  treasurer,  duty  concerning  fe"es  received 
from  stale  candidates  1743. 

Witnesses,  election  contest  1811. 
Felonies.     See  Acts  Prohibited  and  Punished, 

under  title  Elections. 
Form  of  ballot,  general  election  1779. 
Form  of  ballot,  primary  election  1747. 
Form  of  ballot,  school  election  3291. 
Form  of  ballot,  special  election  801,  805. 
Form  of  nomination  certificate  1740. 
Form  of  notice,  general  election  1770. 
Form  of  notice,  primary  election  1739. 
Form  of  notice,  school  election  3291. 
Form  of  notice,  special  election  caused  by  tie 

vote  1796,  1797. 
Form   of  notice,   election   presidential   electors 

2769. 
Fraudulent    acts.     See    Acts    Prohibited    and 

Punished,  under  title  Elections. 
Fraudulent  interference  with,  what,  punished 

how,    See    Acts    Prohibited    and    Punished, 

under  title  Elections. 

GENERAL    ELECTION      176J7-1832.       See 
Elections;  Primary  Election;  Voters — 

Date  of  1767  (Const.  373). 

Laws    applicable    primary    election    offenses 
1765. 

Laws  govern  primary  election  1751. 

Notice,  form  of  1770.  1880. 

Registration  1707-1712.     See  Registration. 

Registration  for  primaries  sufficient  for  gen- 
eral election  1733. 


Elections 


INDEX 


2404 


GOVERNOR  2765,  2773,  2774  (Const.  295)  — 
Appoint  county  commissioners,   when  1501, 

2805. 
Call  special  session   legislature,   how,  when 

(Const.)  260. 
Certify  election  IL  S.  senator  to  president 

U.  S.  senate  1905. 

Convene  joint  convention,  when  1911. 
Elected,  by  whom  2773. 
Eligible  to  office  (Const)  296. 
Federal  officer  disqualified  office  of  governor 

(Const.)  305. 
Fill  vacancy  member  Congress,  how  (U.  S. 

Const.)  91. 

Fill  vacancy  member  legislature,  how  2797. 
Fill  vacancy  state  office  2808,  2812  (Const. 

301,  406). 
Issue   writ   of   election,    when   2797  (U.    S. 

Const.  91). 
Offer  reward,  arrest  and  conviction  violators 

election  laws  1831. 
Order  new  election,  when  1848. 
To  grant  certificate  election  and  commissions 

officers  elected  1797. 
Transmit  certificate  election  U.   S.   senator 

1913. 

Vacancy  occurring  in  board  county  commis- 
sioners, filled,  when  1501,  2805. 
Vacancy  occurring  in  office  U.  S.  senator,  to 

fill,  how  1903,  1904  (U.  S.  Const.  94). 
Vacancies,    constitutional    authority    to    fill, 

how.   when  (Const.)  301,  406. 
High  schools  established,  how  3413,  3415. 
HOURS  OF  ELECTION— 
Designated,  city  801. 
Designated,  general  1776. 
Designated,  primary  1749. 
Designated,  school  3284. 

Identification  certificate  for  election  day  1731. 
Identification  may  be  required  of  voter,  when 

1717. 
Identification  oath  to  take  when  refused  right 

to  vote  on  transfer  1730. 
Identification  statement  required  when  1727. 
Illegal   acts   1826.     See   Acts   Prohibited   and 

Punished,  under  Elections. 
Illegal  registering  1718. 
Illegal  voting  1826. 

Impeachment  from  office  (Const.)  334,335,336. 
INDEPENDENT  CANDIDATES— 

Not  prohibited   being  voted  for   at   general 

election  1740. 

Nominated    otherwise    than    by    convention, 
how,  procedure  1836.     See  also  sec.  1131. 
Index  books,  registry  agent  to  furnish  1713. 
Initiative  and  referendum,  procedure  (Const.) 

412,  413.     See  Referendum. 
INSPECTORS  OF  ELECTION— 
Administer  oaths  1775. 
Appoint  clerks  of  election  1773. 
Appointed,  how,  when  1768. 
Ballot-boxes,  receive,  how,  when  1778. 
Canvass  rejected  ballots  separate  sheets  1863. 
Clerks  of  election  take  oath  under  1775. 
Compensation  of,  per  diem  1796,  1802. 
Compensation  mailing  returns  1875. 
Custody  ballot-box,  when  1877. 
Duty  compare  poll  list  1787. 
Duty  notify  governor  call  new  election,  when 
1848. 


Inspectors  of  election — continued. 

Duty  seal  and  transmit  ballots  by  registered 
mail  1874. 

Fife  cast  ballots  on  string,  how,  when  1795. 

Make  and  file  returns,  how,  when  1795. 

Misconduct  of,  cause  for  contest,  when  1795. 

Notify  county  commissioners  unwillingness 
to  serve  1772. 

Oath  taken,  form  of  1774. 

Penalty  failure  to  notify  county  commission- 
ers unwillingness  to  serve  1772. 

Post  bulletins  result  ballots  cast  candidates 
and  questions  submitted  1873. 

Post  result  of  returns,  how,  when  1863. 

Prying  into  secrecy  of  ballot,  felony,  when 
1828. 

Receive  special  register  1713. 

Rejected  ballots,  how  to  mark  1864. 

Retain  identification  statements  of  electors 
1728. 

Require  identification  certificate,  when  1717. 

Transmit  election  returns  and  .other  data 
to  clerk  board  county  commissioners  1713, 
1795. 

Transmit  rejected  ballots  county  commis- 
sioners 1863. 

Transmit  result  candidates  and  questions 
submitted  to  county  commissioners  1863. 

Transmit  strung  ballots  cast,  tally  lists,  poll 
books,  clerk  of  board  of  canvassers,  when 
1735. 

Trying  to  control  vote  2814,  2815. 
Inspector  of  mines,  ottice  created,  elected,  how 

2773,  4198-4239. 
INSTRUCTIONS    TO    VOTERS— 

Contain  what  1747. 

Given  to  voters,  when  1752. 

Sample  ballots  1857. 

Irregular  ballots  thrown  out,  when  1858. 
Irrigation  bonds  election,  how  held,  and  elec- 
tion of  irrigation  district  officers,  4786.     See 

Water  4672-4791. 

JOINT  CONVENTION,  both  houses  legisla- 
ture (Const.  292)  — 

Adjourn,  when  majority  not  present  1910. 

Causes  for  adjournment  1910. 

Certificate  of  election,  issued  by  whom  1913. 

Convened  how,  by  whom  1911. 

Election  U.  S.  senator,  who  to  convene, 
when  1911. 

Governor  to  convene,  when  1911. 

Held,  how  1909. 

Legislature  elect  U.  S.  senator,  how  (Const.) 
292. 

Majority  necessary  to  elect  1909. 

Presiding  officer  1912. 

Proceed  to  elect  U.  S.  senator,  when  1908. 

Temporary  appointment  U.  S.  senator,  how, 
transmitted  1914. 

Voting  viva  voce  1909. 
JUDGES  ELECTION— 

Duty  to  canvass  votes  1756. 
JUSTICES    OF    PEACE    2782-4852  (Const. 
297)  — 

Duty  certify  and  transmit  all  papers  elec- 
tion contest,  members  legislature,  to 
county  clerk  1820. 

Duty  take  depositions  witnesses  in  election 
contest  between  members  legislature  1818. 


2405 


INDEX 


Elections 


Justices  of  peace — continued. 

Empowered  to  issue  subpenas  for  witnesses 
election  contest,  when  1819. 

Ex  officio  registry  agent  1705. 

Issue  attachments,  assess  fines,  election  con- 
test 1819. 

Number  of,  determined  by  legislature  (Const. ) 

323. 

JUSTICES    SUPREME    COURT    2275-4830 
(Const.  318)  — 

Attorney  at  law,  must  be  525. 

Authority  correct  error  official  ballot  1763. 

Canvass  state  votes,  when  1797 (Const.  297). 

Chief    justice,    presence    necessary    opening 
returns  military  vote  1791. 

Chosen  how,  when  2775,  4830  (Const.  318). 

Ineligible  to  other  office  during  terms  (Const. ) 
326. 

Jurisdiction  to  hear  certain  contests  1806. 

Order  contestants  proceed  with  contest,  when 
1764. 

Order  error  corrected  in  ballot,  when  1763. 

Vacancy,  filled  how  4831  (Const.  406). 
Legal  residence  defined  3609.     See  sees.  3610- 

3616;  Const.  250,  251. 
Legislature  amend  ponstitution,  how,  when  383, 

384. 
Legislature,  determine  number  justices  of  peace 

(Const.)   323. 

Legislature  elect  in  case  of  tie  vote  1797. 
I.< •Liislature  elect  U.  S.  senator,  joint  conven- 
tion (Const.)  292. 
Legislature  to  make  provision  for  election  U.  S. 

senators  and  representative  in  Congress  100. 
Legislature  to  make  provisions  for  preserving 

purity   of  elections   and   manner  of  holding 

255. 
Legislature  to  make  provision  for  registration 

of  voters  (Const.)  255. 
Legislature  special  session,  called,  how,  when, 

by  whom  (Const.)  260. 
Lieutenant-governor    2765,    2773-2774  (Const. 

310). 
List,    registry,    forwarded    secretary   of   state, 

when  1735. 
List,    registry,    printed    when,    paid    for,    how 

1720. 

List,  tally,  canvass  kept,  how  1756,  1795. 
List,  voters,  printed  1720. 
List,  voters,  school  election  3287. 
Liquor,   disposed   of  on   election   day,   punish- 
ment 1830. 

Mandamus,  compel  registration  1710,  1712. 
Manner  of  voting  1753,  1780,  1852. 
Mayor  and  city  officers,  elected  how,  when  801, 

805. 

Messenger  getting  returns,  compensation  1799. 
Military    service,    vote    cast    how,    canvassed, 

counted,  when  1887-1893. 
Mileage,  messenger  getting  returns  1802. 
Misdemeanors.     See  Acts  Prohibited  and  Pun- 
ished, under  title  Elections. 
Mode  of  voting  1752,  1852. 
Names,  rejected,  when  1785. 
National   convention,   delegates  selected,   how, 

when,   where   1737,   1760.     See   note   under 

Primary  Elections. 
Naturalized  citizen  1711. 
Naturalization  certificate  1711. 
Naturalized,    alien   cannot   be   30  days   before 

election  2519. 


Naturalization  procedure  2506-2544. 

New  constitution,  legislature  recommend  vote 

upon  (Const.)  384. 
New   election,   on   tie  vote,   ordered  when,  by 

whom  1796. 
NEWSPAPERS— 

Publish  proposed  amendments  1879,  1842, 
See  Notices. 

Publish  candidates  city  offices,  primary  elec- 
tion 1748. 

Publish  list  candidates  to  be  voted  for  pri- 
mary election,  when,  where  1745-1746, 
1748. 

Publish  nomination  of  candidates,  various 
offices,  when,  how  long  1841. 

Publish   registration   of   voters,    when,    how 

long  1708. 
NOMINATION— 

Candidates,  for  most  all  offices,  see  sees. 
1737-1740,  1834-1836. 

Certified,  how  1835. 

City  candidates,  papers  filed  where  1741. 

Congressman,  papers  filed  where  1741. 

Contested  at  primary,  proceeded  with,  how 
1764. 

Contested,  proceeded  with,  how  1764. 

County  candidates,  papers  filed,  where  1741. 

District  candidates,  filed  where  1741. 

List  of,  published  by  whom,  when  1891. 

Made,  how  1834. 

Otherwise  than  by  convention,  made  how 
1836. 

Papers,  failure  of  officers  to  file,  punishment 
1765. 

Papers,  fees  for  filing  1742. 

Papers,  form  of  1740. 

Papers,  U.  S.  senator,  filed  where  1741. 

Published,  when,  where  1841. 

Restrictions  in  making  nominations  1838. 

Statements,  candidates,  contain  what  1740. 

State  officers,  papers  filed,  where  1741. 

State  senator  and  assemblyman,  papers  con- 
tain what  1740. 

U.  S.  senator,  how  1896. 

Vacancies  in,  filled  how  1761,  1839. 
Nominees.    See  Nomination;  Candidates;  Nom- 
ination Papers. 
NOMINATION  PAPERS— 

Candidates,  city,  filed  where  1741. 

Candidates,  county,  filed  where  1741. 

Candidates,   district,   filed  where  1741. 

Candidates'  statements,  contain  what  1740. 

Congressman,  filed  where  1741. 

Failure  officer  to  file,  punishment  1765. 

Fees  for  filing  1742. 

Filed  when,  where  1740,  1741. 

Form  of  1740. 

Making  false  1859. 

State  officers,  filed  where  1741. 

State  senators  and  assemblymen,  contain 
what  1740. 

U.  S.  senator,  filed  where  1741. 
NOTICE,  ELECTION— 

Form  of  1770. 

Officers,  generally  2769. 

Posted,  how  1771. 

Presidential  electors,  given  how  2769. 
Notice  expiration  time  registration,  published, 

when  1708. 
Notice  new  election,  given  how,  when  1796. 


Elections 


INDEX 


2406 


Notice  primary  election,  published  when,  where 

1746. 

Notice  registration  voters,  published  when  1708. 
OATH— 

Administered  by  clerks  of  election  1775. 

Administered    by    registry    agent,    authority 
for  power  1705. 

Administered  challenged  voter,  form  of  1790. 

Administered   challenged   voter,   school   elec- 
tion 3296. 

Administered  voter,  nature  of  1709. 

City  and  town  officers  805. 

Chairman  convention  attach  certificate  nom- 
ination 1835. 

Defined  6353. 

Deputy  required  take  same  as  principal  2792. 

Elector  desiring  transfer  1714. 

Elector  must  take  when  challenged  touching 
identity  17.80. 

Elector,  required  of,  when  1710. 

Elector,  testing  right  to  register  1710. 

False,  deemed  felony,  when  1859. 

False,  punishment  therefor  1719. 

False,  regarding  ballot  1859. 

Form  of  official  2891  (Const.  370). 

Form  of,  subscribed  by  registry  agent  1715. 

Identification,    take   when    refused    right    to 
vote  on  transfer  1730. 

Indorsed  on  election  commissions  2791. 

Inspectors  and  clerks,  form  of  1774. 

Inspectors  election  to  administer  1775. 

Naturalized  citizen,  character  of  1711. 

Officers  elected,  taken  where  2788-2790. 

Official,  governor,  taken  when,  before  whom 
2789. 

Perjury,    when    false    before    registry    agent 
1719. 

Refusal  to  take,  misdemeanor  1825. 

Registry  agent,  subscribe,  form  of  1715. 

Secretary  convention  attach  to  certificate  of 
nomination  1835. 

Taken  by  officers  election  2786. 

Transferred  voter,  taken  how  1730. 

Voter    physically     disabled    must    take    to 
secure  assistance  1855. 

Voter  required   to   answer  questions   under, 

when  1780. 

Offering  appointment  by  candidate,  felony  1829. 
OFFICE— 

Females,  eligible  to  hold,  which  (Const.)  371. 

Who  eligible  to  hold  (Const.)  371. 

Who  not  eligible  to  hold  (Const.)  267,  268. 

State,  vacancy  filled,  how  (Const.)  406. 

To  be  kept  at  seat  of  government  (Const.) 

380,  2774,  4128. 

OFFICERS.    See  County  Officers;  State  Offi- 
cers— • 

Age  to  be  eligible  to  different  offices  2766. 

Bonds  required,  filed  when,  where  2786. 

Compensation,  primary  election  1750. 

County,  elected  by  who  2773. 

Election,  fraudulently  attempting  to  obtain 
information  ballot  1828. 

Election,  interfering  with  ballot  1826. 

Election,   general,   who  appoint,   how,   when 
1750,  1768,  1773. 

Election,  primary,  presence  required  at  poll- 
ing places  1755. 

Election,  primary,  who  1750. 

Females  entitled  to  be  certain  officers  ( Const. ) 
371. 


Officers — continued. 

Impeachment  of  334,  335,  336. 

Must    keep    office    at    capital,    who  (Const. 
380),  2774,  4128. 

Precinct,  elected  by  whom  2773. 

Reside  at  capital,  who  2774,  4128,  4249. 

Residence  (Const.  380)  2774,  4128,  4249. 

Resignation  allowable  2797. 

Resignation,  made  how,  to  whom  2798. 

State,  elected,  by  whom  2773. 

State,  election  contested  1823,  et  seq. 

State,  nomination  papers,  contain  what  1740. 

State,  prepare  forms  primary  election  1766. 

State,  qualify  when  (Const.)  402. 

State,  who  must  keep  office  seat  of  govern- 
ment (Const.)  380. 

Township,  elected  by  whom  2773. 

Qualifications  of,  generally  2766-2847. 
Official  bonds  805,  2868-2879. 
OFFICIAL  REGISTER— 

Certified  copy  of,  deposited  with  clerk  board 
of  canvassers  1795. 

Contain,  what  1706,  1713. 

Copied,  how,  when,  by  whom  1713. 

Copies  of  delivered  to  inspectors  election  1713. 

Copies  of  placed  at  polling  places  1729. 

Data  to  contain  1726. 

Electors'  names  must  appear  therein  1780. 

Electors'  names  not  on  register,  not  entitled 
to  vote  1717. 

Number  of.  required  to  be  printed  1726. 

Original   delivered    to   election   board  1729. 

Registry  agent  must  furnish  copies  to  offi- 
cers primary  election  1751. 

Size  of  1726. 

Supplied  by  whom  1726. 

Transfer  of  vote  from,  secured  how  1714. 

Voter,   name  not  on,  when  entitled  to  vote 
1714. 

Voter  not   entitled  to  vote  if  name  not  on 

1717. 

Penal   provisions   general   election   laws   appli- 
cable  to   primary   election   1765.     See   Acts 

Prohibited   and  Punished,   under  title  Elec- 
tions. 
Physical  disability  voter,  warrants  assistance, 

when  1859,  3295. 
PLATFORMS— 

County,  how,  when,  where  formulated  1759. 

State,  how,  when,  where  formulated  1760. 
Police,  state,  prohibited  from  participating  in 

politics  4281. 
POLITICAL  PARTY— 

Candidates,  voted  for,  how  1753. 

Chairman,  selected  how  1759,  1760. 

Chairman  to  receive  result  election  returns 

1757. 

Poll  books,  kept  how,  where,  by  whom  1795. 
POLL  LIST— 

Compared  by  inspectors  election  1787. 

Secretary  of  state  supply  commanding  offi- 
cer 1893. 
POLLS— 

Adjournment  of,  taken  how  1776. 

Books  for,  care  of  1782. 

Books  furnished  and  distributed  1769. 

Closed,  when  1872. 

Military  vote,  how,  where  conducted  1889. 

Opened    continuously    between    what    hours 
1755. 

Opened  and  closed,  how,  when  1776. 


2407 


INDEX 


Elections 


PRECINCTS— 

Established    or   altered,    how,    when,    where 

1768,  1865. 

Not  to  have  more  than  480  voters  1768, 1865. 
Officers,  elected  by  whom  2773. 
Presidential   electors  2767-2771  (U.   S.   Const. 

141-143). 
President  senate  act  as  governor,  when  2808; 

elected,  when  2809. 

Presiding  officer  of  legislature  to  give  notice  of 
receipt  of  depositions  and  papers  in  election 
contest  for  member  of  legislature  1821. 
Presumption  of  abandonment  of  residence  3614. 

See  sees.  3609-3616.     See  Resident;: 
PRIMARY  ELECTION  1736-1766.  See  Elec- 
tion*; Cniiiliiiates;  Officers. 

|  NOTE — For  primary  election  of  delegates 
to  convention  to  elect  delegates  to  national 
conventions,  see  Stats.  1883,  p.  28;  Cutting's 
Compiled  Laws.  sees.  1678-1692;  continued 
in  force  by  Revised  Laws  1737.] 
Ballots  for  primary,  provided  how  1747, 1748. 

See  Ballots. 
Canvass  of  returns  made  when,   where,  by 

whom  1757. 
Compensation,     officers,     primary     election, 

same  as  ollicers  general  election  1750. 
I  Mined   1736. 
Fees     for    filing    nomination    papers    with 

county  clerk  1742. 

Fees   for  tiling  nomination  papers  with  sec- 
retary of  state  1742. 
General  election  laws  to  govern  1765. 
Ilel.i.  when  1738. 

Notice  of,  issued  by  county  clerks  1739. 
Notice    of.    published    how    and    when    1745, 

1770.  1x80. 
(Miicers  to  be  same  as  provided  for  general 

election  1750. 

Qualifications  for  registration  1751. 
Registration   at   primary  sufficient   for  gen- 
eral   election    1733.     See   sees.    1710   and 

1715  under  title  Registration. 
Sample  ballots,   distributed   by  whom,  how 

1748. 

September  primary  election  defined  1736. 
Supplies,  furnished  how  1706,  1726,  1744. 
Tie  vote,  determined   how  1762. 
Time  to  register  1751. 

Vacancies  occurring  after,  filled  how  1761. 
QUALIFICATIONS— 

Of  candidates  for  member  of  Congress  (U.  S. 

Const.)  M>. 

Of  officers  generally,  2765-2847. 
Of  voters  (Const.  250-251)  1724. 
Of  U.  S.  Senator  (U.  S.  Const.)  95. 
Questions    raised    by    referendum    printed    on 

ballot  1885. 

Quo  warranto,   action,  proceedings  5656-5682. 
RECOUNT— 

Candidates  defeated  by  ten  votes  or  less  can 

.    demand,  how  1513. 

Candidate,    when    may    and    must    demand 

1513,  1796,  1895, 
County  commissioners  to  order,  when  1513, 

1796. 
Tie    vote,    entitled    legislative,    district    and 

township  candidates  to,  when  1796. 
REFERENDUM  (Const.  412-413)  — 

Allowed,    number    of   petitions    to    circulate 

1883. 


Referendum — continued. 

Carried,  how  and  when  1886. 

Initiative,   procedure  (Const.)  412,  413. 

Law  regulating  1S82-1SS6. 

Misconduct  in  signing  or  filing  petition,  mis- 
demeanor, when  6(>70. 

Perfected,  how  1882. 

Petition,  contain  what  1882. 

Petition,  verified  1883. 

Put  to  voters  1885. 

Questions  raised  by,  printed  on  ballots  1885. 

Required  1883. 

Verified,  oath  1883. 

Votes  necessary  1886. 

Withdrawal     of    name     from    petition     for 

reward,  misdemeanor  667. 
REGISTRATION  1705-1735.     See  sees.  1866, 
1867  (Const.  255).    See  Registry  Agent— 

Challenges  to  voter  registering,  made  how 
1712. 

Directions  as  to  registration  1707. 

Kleriors.  deemed  registered,  when  1710. 

Electors   required  (Const.)    255. 

General  election  laws  govern,  1751.  See 
sees.  1710.  1714,  1733. 

Illegal,  punishment   for  171S. 

Legislature  required  to  make  provision  regis- 
tration of  voters  (Const.)  2r>r>. 

List  of  registered  voters  furnished  inspectors, 
when,  by  whom  1713. 

.Military  services  not.  required  (Const.)  252. 

Mandamus  to  compel  1710. 

Nat  nrali/ed  citizen,  questions  propounded 
1711. 

Notice  of  expiration  of  time,  published  1708. 

Oath  required,  when  1710. 

Objection,  made,  when  1712. 

Primary,  sullicient  for  general  election  1733. 

Qualifications  necessary  to  vote  1706. 

<  M  alifieations  1o  vote  1780. 

Required  (Const.)    255. 

School  trustees,  qualifications,  oath  3286. 

Transfer,  right  to  registration  1751. 
REGISTRY  AGENT.    See  also  Registration— 

Act,  one  may,  for  another  4926. 

Advertise  notice  expiration  time  to  register 
1708. 

Appoint  deputy  1705. 

Appointed  by  county  commissioners  certain 
cases  1705,  1721,  1725. 

Chairman  board  county  commissioners  make 
appointment,  when  1721. 

Compensation  1705,  1716,  1734,  3981. 

Compensation  withheld  until  complete  list 
registered  voters  sent  to  county  clerk  1734, 
3981. 

County  clerks  furnish  election  notices  to 
1770. 

County  commissioners  furnish  stationery 
1706. 

Death  of,  successor  appointed,  how,  when, 
by  whom  1721. 

Designate  residence  voters  on  official  regis- 
ter 1867. 

Directions  as  to  registration  1707. 

Duties  of  1708,  1727. 

Duty  county  commissioners  make  appoint- 
ment 1705,  1721,  1725, 

Duty  regarding  posting  notices  of  election 
1771. 


Elections 


INDEX 


2408 


Registry  agent — continued. 

Duty  file  with  county  clerks  lists  of  regis- 
tered voters  1734,  3981. 
Duty   to   register   voters,   how,   when   1707, 

1709,  1710,  1727,  1866. 
Duty  to  transfer  voters,  when,  how  1714. 
Expenses,  paid  how  1705,  1716,  1734,  3981. 
Failure  to  qualify  1723. 

False  swearing  before,  deemed  perjury  1719. 
Form  of  election  notices  furnished  registry 

agents  1770. 

Furnish  election  officers,  copy  register  1751. 
Furnish  inspectors  election  check  lists  1717, 

1713. 

Furnished  official   registers  by  county  com- 
missioners 1706. 

Give  voter  certificate  of  transfer,  when  1714. 
Justices  of  peace  ex  officio  1705. 
Oath,  form  of  1715. 

Oath,  form  of  administered  to  voter  apply- 
ing to  be  registered  1709. 
Official   register,  books,   stationery  provided 

to,  how  1706. 

Penalty  refusal  perform  duties  1712. 
One  may  act  for  another  4926. 
Post  general  election  notices,  how,  when  1771. 
Post  notices  registration  certain  cases  1708. 
Power  to  administer  oath  1705. 
Prepare,  print,  publish  registered  names  1712. 
Procure  signatures  electors  1727. 
Publish    notice   expiration   time    to   register 

1708. 

Punished,  violation  election  duties  1719. 
Qualifications  of  appointee  1722. 
Questions  propounded  to  voter  1710. 
Report  to  county   clerk  persons  subject  to 

military  duty  3981. 
Resignation    of,    successor    appointed,    how 

when,  by  whom  1721. 
Send  county  clerks  complete  list  registered 

voters  3981. 
Transfer  given  to  voter  applying,  when,  how 

1714. 
Transmit  electors'   identification  statements 

to  inspectors  election  1728. 
Voter   to   take   oath   before   registry   agent, 

form  of  1709. 
Who  are  ex  officio  1705. 
Removal   of  officer,   vacancy  filled,   how   2801 

(Const.  334-337).     See  Vacancy. 
REPRESENTATIVE  IN  CONGRESS  2772, 

2773  (U.  S.  Const.  88,  89,  100)  — 
Qualifications  (U.  S.  Const.)  89. 
Vacancy  in  office,  filled,  how  (U.  S.  Const.) 

91. 
RESIDENCE   3609-3616  (Const.  250,    252). 

See  Officers — 

Actual,  deemed  to  constitute  3609-3616. 
Defined  for  registration  purposes  1714,  1867. 
Defined,  for  purpose  of  voting  (Const.)  250- 

252. 

Determined,  fixed  how  3610.     See  sec.  3609. 
Elector,  defined  1710. 
Family  abode,  effect  on  3615. 
Legal,  defined  3609  (Const.  250-252). 
Lost,  when  3613. 

Necessary  for  naturalization  2517. 
Officers  to  reside  at  seat  of  government,  who 

(Const.  380)  2774,  4128,  4249. 
Presumption   abandonment  of,   when  raised 

3614. 


Residence — continued. 

Removal    from    one    county    or    precinct    to 

another  3612. 
Removal  from  state  with  intent  to  remain, 

lost  3613. 
Soldiers    and    sailors,    for    voting    purposes, 

where  (Const.)  252. 
Transfer  by  elector,  when  1714. 
When  not  deemed  gained  or  lost  3611  (Const. 

251). 
RESIGNATION— 

From  office,  made  how  2797-2798. 

Filed,  where  2795. 

Vacancy  in  office  made  by  resignation,  filled 

how,  see  Vacancy. 
RETURNS.     See  Canvass  of  Votes;  Board  of 

Canvassers — • 
Canvass  of,  compiled  by  whom  1513,  1757, 

1797,  1892  (Const.  297). 
County,  commissioners  to  canvass  for  legis- 
lative, county  and  township  officers  1513, 

1757. 

County  offices  canvassed,  when  1513,  1797. 
Defect  or  informality  in,  effect  on  certificate 

of  election  1798. 
Delayed,  supplied,  how  1799. 
District  judge  canvass  for  legislative  officers 

and  county  commissioners  1513. 
Election    returns,   what  to  consist  of,   kept 

how,  by  whom,  when  1795. 
Messenger  may  be  sent  for  1799. 
Military  service  1889,  1891. 
Military  service,  certificate  of,  form  of  1890. 
Where  finally  deposited  after  election  1795. 
REWARD— 

Offered  by  governor  violation  election  laws 

1831.      • 
Road  supervisor,  election  pertaining  to  3037- 

3044. 

SAILORS  AND  SOLDIERS— 
Ballot  to  be  official  1890. 
Board  of  officers  to  count  votes  1890. 
Certificate,  form  of  1890. 
Conducted,  how  1889. 
Duties  board  of  canvassers  1893. 
May  vote  (Const.)  252. 
Registration,  not  required  (Const.)  252. 
Residence  for  voting  purposes,  where  ( Const. ) 

252. 

Returns,  canvassed  how  1891. 
Secretary  of  state  furnish  necessary  ballots 

1893. 

Vote,  when,  where,  and  cast  how,  and  can- 
vassed 1887-1893. 
SAMPLE  BALLOT— 

Distributed,  how,  when  1748. 
Instructions  to  voters  1857. 
Posted,  where,  when  1857. 
Primary,  form  of  1747. 
Primary*  printed,  contain  what  1748. 
Voter  entitled  to  1748,  1857. 
SCHOOL  TRUSTEES  3278-3313— 
Ballots,  contain  what,  number  of  3291. 
Board  of  election,  duties  of  3298. 
Board    of   election,   issue   certificates,   when 

3299. 
Candidates   file   names   with   county   clerks 

3297. 

Certificates  of  election,  to  whom  issued  3299. 
Election  officers,  appointed,  how  3283. 
Hours  of  election  3284. 


2409 


INDEX 


Elections 


School  trustees — continued. 

Illegal  voting  punished,  how  3296. 

Instructions  as  to  voting  3293. 

List  voters  delivered  inspectors  3289. 

List  voters  3287. 

Misdemeanor,  what  constitutes  3294. 

Notice  of  election  posted,  how,  where  3284. 

Number  of,  determined,  how  3282. 

Preparation  list  voters,  compensation  3288. 

Qualifications  for  voting  3285. 

Registration  regulations,  oath  3286. 

Take  office,  when  3300. 

Time  for  holding  election  of  3281. 

Vacancies,  filled  by  whom  3302. 

Vacancies,  filled,  how  3301. 

Vote  at  school  election,  how  3292. 

Voter,  challenged,  how  3296. 

Voter  physically  disabled,  allowed  assistance 

when  3295. 

Voting  shall  be  by  ballot  3290. 
SECRETARY  OF  STATE  4251-4261— 
Canvass  and  compile  returns,  for  whom  1757. 
Canvass  state  returns  with  justices  supreme 

court  1797. 
Certify    military    election    returns   board   of 

county   commissioners  1891. 
Certify    names    nominees    to    county    clerks 

1840. 

Compile  election  returns  1757. 
Conduct,  corrupt,  illegal  or  fraudulent,  pun- 
ished how  2815. 

Countersign  certificate  election  U.  S.  sena- 
tor 1906. 
Duty  certify  list  electors  commanding  officer, 

military,  when  1888. 
Duty  certify  questions  county  clerks,   how, 

when  1842. 
Duty  certify  questions  raised  by  referendum 

1884. 
Duty     certify     and     submit     constitutional 

amendments  1842. 
Duty    to   certify    to   proper   officer,    fact   of 

removal  any  officer  for  any  cause  2801. 
Duty    certify    to   various   district    attorneys 

failures  or  omissions  county  commission- 
ers or  other  officers  in  relation  to  election 

2816. 

Duty  concerning  delayed  returns  1799. 
Duty     deliver    presiding    officer     legislative 

branch  papers  election  contest  1821. 
Duty  file  certificates  nomination  state  officers 

1837. 
Duty    furnish    official    ballots    and    supplies 

military  service  1893. 
Duty    provide     county    clerks    with    ballot 

paper  1843. 
Duty  to  issue  election  laws  in  pamphlet  form 

1832. 
Duty    to    forward    election    laws    pamphlet 

form  to  whom  1832. 
Duty  to  furnish  official  ballot  paper  1747, 

1893. 
Duty  to  issue  official  certificates  nomination 

1758. 
Duty   to   supply   check   and   poll   lists,   etc., 

commander  1893. 
Elected,  by  whom  2773. 
Fees  for  filing  nomination  papers  1742. 
Fees  from  candidates,  disposed  of  how  1743. 
File  list  registered  voters  in  office  1735. 


Secretary  of  state — continued. 

Nomination   certificates   to   issue,    when,    to 

whom,  how  1758. 
Open  military  returns  presence  chief  justice, 

when,  where  1891. 

Penalty  failure  certify  constitutional  amend- 
ments 1842. 

Prepare  election  forms  1766. 
Prepare,   have  printed   and  furnish   ballots, 

when  1893. 
Prepare  roll-call  assembly  and  convene  4112- 

4113. 

Receive  abstract  votes  from  county  commis- 
sioners 1797. 

Residence  and  office  at  Carson  City  2744. 
Supply,   prepare   and   have   ballots   printed, 

military  service  1893. 
Tie  vote,  determined  how,  when  1762. 
Transmit  certificates  nomination  U.  S.  sen- 
ator  to   speaker   assembly    and    president 
senate,  when  1758. 
Transmit    list   candidates   filing    nomination 

papers  to  county  clerks  1745. 
Transmit  official  canvass  U.   S.   senator  to 

legislature,  how,  when  1898. 
Transmit  statement  election  returns  to  chair- 
man political  party  1758. 
Transmit  to  county  clerks  list  candidates  to 

be  nominated  primary  election  1739. 
September  primary.     See  Primary  Election. 
SHERIFF  1643-1660— 

Advertise  for  another  election,  when  1796. 
Deputies,  duties  election  day  1789. 
Signature  book  defined,  contain  what  1731. 
Soldiers  and  sailors.     See  Sailors  and  Soldiers. 
SPECIAL  ELECTIONS  2797-2801— 
City  and  town,  held  when,  how  801. 
Fill  vacancy  assemblyman  2797. 
Fill  vacancy  county  office  1796. 
Fill    vacancy    member    of    Congress  (U.    S. 

Const.)  91. 
Special    session    legislature,    called    how,    by 

whom,  when  (Const.)  260. 
Spoiled  ballots  1854.     See  Ballots. 
State  central  and  executive  committees,  selected, 

how  1760. 
STATE  OFFICERS  2765,  2773-2774  (Const. 

312).     See  Officers- 
Contest  1823,  et  seq. 
Elected,  by  whom  2773. 
Impeached,  how  (Const.)  334-336. 
Who  may  contest  election  1823,  et  seq. 
State  police  not  to  participate  in  politics  4281. 
STATE  SENATE— 

Composed  how,  4111  (Const.  263). 
Convened,  how  4112,  4113  (Const.  260). 
Members  election  2765  (Const.  261). 
Officers  and  attaches,  whom  4115. 
President  2808,  2809. 
Senators,   nomination  papers,   contain   what 

1740. 
STATE  TREASURER  4360-4369— 

Duties  concerning  fees  received  from  secre- 
tary state,  election  1743. 
Elected,  by  whom  2773. 
SUBPENAS— 

Justices  peace  issue,  election  contest,  when 

1819. 

Superintendent     of    public     instruction     2777 
(Const.  353). 


Elections 


INDEX 


2410 


SUPPLIES.    See  County  Clerks;  Secretary  of 
State;    County    Commissioners;    Primary 
Election — 
Ballots    and    election    material    provided    at 

public  expense,  when  1744,  1769. 
Destruction  election,  penalty  1826,  1860. 
Election,  furnished  how  1706. 
Election,   furnished   by   county   clerks  1713, 

1747,  1748,  1769,  1846,  1848,  1857. 
Election,    furnished    by    secretary    of    state 

1743,  1893. 

Election,    furnished    by   county   commission- 
ers 1706,  1726,  1777,  1850,  1865. 
Official  register  election,  furnished  by  county 

commissioners  1726. 
TALLY  LIST— 

Canvass,  kept  how  1756. 

Where  deposited,  after  election,  with  whom 

1795. 

Terms,  state  officers  2774. 
Terms,  county  officers  1501. 
Terms  office,  city  and  county  802,  804. 
Terms  member  of  Congress  (U.  S.  Const.)  88. 
Terms  office,  U.  S.  senator  (U.  S.  Const.)  93. 
TIE  VOTE— 
City  officers  801. 

County  commissioners  to  determine  1796. 
County  and  township,  determined  by  whom 

1796. 
District  officers,  determined  how,  by  \vhom 

1796. 
Legislature,   joint   convention,   decide,   when 

1797. 
Members  assembly,  determined,  how,  when, 

by  whom  1796. 
New    election    ordered    when    1796  (U.    S. 

Const.  91). 

Primary  election,  determined  how,  when  1762. 
Recount  on  account  of,  ordered  when  1796. 
State  officers,  determined  how^by  whom  1797. 
State  senator,  determined  how,  by  whom 

1796. 

Time  and  place,  contest,  fixed  how  1808,  1894. 
Time  canvass  of  votes  to  begin  and  end  1791. 
Time  holding  election  school  trustees  3281. 
Time  holding  general  electiontL767  ( Const.  373 ) . 
Time  holding  primary  election  1738. 
Time   holding   election   representative   in   Con- 
gress and  U.  S.  senator  (U.  S.  Const.)  100. 
Time  opening  and  closing  polls  1776,  1872. 
Time  recount  for  tie  vote  1796,  1797. 
Town    elections    conducted    as    general,    how, 

when  1870. 

Township  officers,  elected  by  whom  2773. 
Transfer  vote,  when  allowed,  how,  who  entitled 

to  transfer  1714. 
United  States  district  attorney  member  board 

of  canvassers  (Const.)  419. 
UNITED     STATES     SENATOR     1890-1914 

(Const.  292;  U.  S.  Const.  95,  100)  — 
Appointment,    temporary,     made    how    and 

transmitted  1914  (U.  S.  Const.  94). 
Candidates  for  legislature  make  statements 

regard  to  1740. 
Declaration    candidates    legislature    thereto 

1740. 

Election  by  legislature,  when,  where  1907. 
Election  of  1896-1900  (Const.  292). 
Election  of  by  legislature  held,   when  1902 

(Const.  292;  U.  S.  Const.  93). 
Election  of,  certified  how,  by  whom  1905. 


United  States  senator — continued. 
Election,  viva  voce  (Const.)  254. 
Elected,  when  1901  (U.  S.  Const.  100). 
Governor  must  certify  election  to  president 

U.  S.  senate  1905. 
Governor  to  fill  vacancy  in,  how,  when(U.  S. 

(Const.)  94. 

Law  governing  election  of  1896-1900. 
Legislative    candidates    to   make    statements 

1740. 
Majority,    joint    convention,    to    elect    1909 

(Const.  292). 

Manner  of  election  1907-1914. 
Mode  of  election  1902. 
Nominated,    how    1737. 

Nomination  certificate  to  be  filed  with  sec- 
retary of  state  1791. 

No  reward  allowed  to  aid  in  election  1900. 
Person    elected    receive    certificate    election 

from  governor  1913. 

Relative  election  1901-1906  (Const.  292). 
Qualifications  (U.   S.  Const.)    95. 
Statutes  U.  S.  relative  election  1901-1906. 
Time,  place,  manner  election  (U.  S.  Const.) 

100. 
Vacancy  filled,  how,  by  whom  (U.  S.  Const.) 

94. 
Vacancy  occurring  before  legislature,  filled, 

how   1903. 
Vacancy  occurring  by  death,  resignation  or 

otherwise,  filled,  how  (U.  S.  Const.  94)1914. 
Vacancy  occurring  during  legislature,  filled, 

how  1904. 
Votes    necessary    joint    convention    to    elect 

1909. 

Voting  for  in  legislature  viva  voce  1909. 
VACANCY— 

Assemblyman,  filled  by  special  election,  how, 

when  2797. 

Board   county   commissioners   filled   by   gov- 
ernor, when  1501,  2805. 
City  officers  filled,  how  785. 
Congress,  member  of  (U.  S.  Const.)  91. 
County  commissioners  declare  county  officers, 

when  2802. 

County  nominees  1839. 
County    offices    declared    vacant    by    county 

commissioners,  when  2802. 
County  officers,  filled,  how  1759,  2797,  2813. 
County  ticket,  filled,  how  1759,  1839. 
Governor  has  constitutional  authority  to  fill, 

when  (Const.)  301,405. 
Governor  to  fill  vacancies  generally,   when, 

how  1501,  2803.  2805,  2808,  2812. 
Occasioned,  how  2799,  2874. 
School  trustees,  filled  how,  by  whom  3301, 

3302. 

State  office,  filled,  how  (Const.)  301,  406. 
State  office,  declared  by  governor  2802. 
State  ticket,  filled,  how  1761. 
State  and  judicial,   filled   by  governor  2812 

(Const.  301,  406). 
State    senators,    filled    by    special    election, 

how,  when  2797. 
State  and  county  nominees  1839. 
Supplied,  generally,  how  2803. 
Temporary  appointment,  U.  S.  senator,  when 

vacancy  in  office,  made  how  (U.  S.  Const. 

94)  1914. 
U.  S.  senators  positions,  vacancies  filled  how 

1903,  1904  (U.  S.  Const.  94). 


2411 


INDEX 


Elections 


VOTE.     See  Canvass  of  Votes;  Returns;  Tie 

Vote;  Recount;  Voter — 
Adjutant-general  certify  list  military  service 

to  secretary  of  state  1887. 
Canvass  of,  public  1791. 
Canvassed,  presidential  electors,  how,  when. 

by  whom  1797. 
Cast,  how  1852. 

Clerks  and  inspectors  election  trying  to  con- 
trol 2814,  2815. 
Constitutional  amendments,  canvassed,   how 

1881. 

Counted,  how  1513,  1858. 
Militnrv  service,  cast  how  and  counted  1887, 

1893. 

Military  service,  certified  how  1890. 
Plurality      at      election      constitute     choice 

(Const.)  382. 
Presidential  electors,  cast  how,  for  president 

and    vice-president.     I'.    S.,    when  (U.    S. 

Const.  142,  143)  2771. 
Recount  of  vote,  how.  when,  by  whom  1513, 

1796,  1895. 

Soldiers  and  sailors.  canvass. -d  ho\v  1X87. 
Tie,  county  commissioners,  determined  1796. 
Tie.    county    and    township    officers,    deter- 
mined, how,  by  whom  1796. 
Tie,    legislature   decide   state   officers,    when 

1797. 
Tie,  members  assembly,  determined,  how,  by 

whom  1796. 
Tie,  primary  election,  determined,  how,  when, 

by  whom  1762. 
Tie,   state  officers,   determined,    how,   where, 

by  whom  1797. 
Tie,    state    senator,    determined,    how,    by 

whom  1796. 
VOTER.     ,SVr  Arts  Prohibited  and  Punished, 

under  title  Elections;  Vote — 
Age  required   to  be  eligible  different  offices 

2766. 
Age  required  to  be  eligible  to  vote  (Const.) 

250,  251,  411. 
Arrest,  not  subject  to  on  election  day,  when 

(Const.)  253. 
Attempting    to    vote    when    not    authorized 

1827. 

Ballot,  new,  given  when  1752,  1854. 
Challenge  at  polls  1717,  1790. 
Challenged,  how  qualified  1731. 
Challenge,  made  how,  to  registering  1712. 
Challenged,  must  sign  signature  book  1731. 
Challenged,  penalty  for  prompting  1731. 
Challenged,  at  primary  election,  how  1752. 
Change    residence,    how    to    secure    transfer 

1714. 

Choice  voting  different  precinct  1714. 
City    and    town    election,    qualifications    for 

801. 

Corrupting  or  intimidating  6802. 
Disqualified  from  holding  office  (Const.)  268. 
Duties    required    to    have    vote    transferred 

1714,  1730. 
Eligibility    to   hold   office   2765,   2766,   2847 

(Const.  371,  411;  TT.  S.  Const.  89,  95). 
Employed  moving  trains,  stages,  regulations, 

how  to  vote  1714. 
Entitled     assistance    by     reason     disability, 

when  1855,  3295. 

Entitled  to  new  ballot,  when  1752,  1854. 
Entitled  to  sample  ballot,  when  1857. 


Voter — continued. 

Entitled    to   vote   when    vote   transferred,    if 

challenged,  how  1730. 
Furnished    ballots,   when  1744,   1748,   1849, 

1857. 

How  shall  vote  1851-1852. 
Identification  may  be  required  before  voting, 

when,  by  whom  1717. 

Legislature  required  to  make  provision  reg- 
istration voters  (Const.)  255. 
Majority  of,  control  on  referendum  1886. 
M Hilary  service,  law  pertaining  to  1887-1893. 
Military  service,  vote  taken  how  1887-1893. 
Name  must  appear  on  official  register  1717. 
Names,  printed  when  1720. 
Names,  printing  of,  how  paid  for  1720. 
Not  entitled  to  vote,  when  1716. 
Not  subject  to  arrest  election  day  (Const.) 

263. 

Oath  of,  when  challenged  at  polls  1712,  1790. 
Oath  of,  when  challenged  at  school  election 

3296. 
Oath    of,    when    applying    to    be    registered 

1709,  1710. 

Oath  required  desiring  transfer  1714. 
Objection    to    registration,    how    made    and 

tried  1712. 

Officer  election  attempting  to  influence  2814. 
Penalty  for  prompting  challenged  voter  1731. 
Percentage    necessary    for   referendum   peti- 
tion 1882. 
Physically  disabled,  allowed  assistance  1855, 

3295. 

Privileged  to  transfer,  when  1714,  1751. 
President  ml  electors,  qualifications  of  (U.  S. 

Const.)  141. 
Printed  names  of  1720. 
Qualifications    for    city    and    town    election 

801. 
Qualifications  for  presidential  elector  (U.  S. 

Const.)  141. 
Qualifications    for    school    trustee    election 

3285. 

Qualified,  when  1724  (Const.  250,  251). 
Regulations  to  follow,  when  voting  1852. 
Registered    names,    posted    and    distributed 

1712. 

Registered  in  and  out  of  town  1866. 
Registered,    primary    election,    entitled    vote 

general  1733. 

Registered,  when  1710,  1711. 
Registry   agent   secure   name   of,   when   reg- 
istering 1727. 
Residence,  actual,  determined  how  3610.    See 

sec.  3609. 

Residence,  defined,  registration  purposes  1714. 
Residence,  designated  official  register  1867. 
Residence,  for  purpose  of  voting  defined 

(Const.)   250-252. 

Residence,  given  registry  agent  1867. 
Residence,  legal  3609.     See  sees.  3610-3616; 

Const.  250-252. 

Residence  lost,  how,  intent  3613. 
Residence,     presumption     of     abandonment, 

when  raised  3614. 
Residence,    removal    from    one    county    or 

precinct,  effect  on  residence  3612. 
Residence,  when  not  deemed  gained  or  lost 

3611. 
Sample    ballot,    entitled    to,    number,    when 

1857. 


Elections 


INDEX 


2412 


Voter — continued. 

Sample  primary  ballot,  entitled  to,  number, 
when  1748. 

School    trustee    election,    when    qualified    to 
vote  3285. 

Signing  name  to  wrong  data  for  referendum 
or  other  petition,  misdemeanor  6670. 

Soldiers  and  sailors  (Const.)  252. 

Soliciting  to  show  ballot,  misdemeanor  1862. 

Time  allowed  to  cast  ballot  1853. 

Transfer    book    contain    names    of    electors 
transferred  1730. 

Transfer  residence,  when  1714. 

Transfer  registration,  how  1714. 

Volunteers,  manner  of  taking  1889. 

Vote,  how  1752,  1753,  1851,  1852. 

Withdrawing  name  from  referendum  petition 
for  pay,  misdemeanor  6670. 

When  may  vote  if  name  not  on  register  1717. 

Who  entitled  to  hold  office  2765,  2766-2847 
(Const.  371,  411;  U.  S.  Const.  89,  95). 

Who  entitled  to  vote  (Const.  250,  251,  411) 
1724. 

Who   was   entitled   to   vote   on    constitution 

(Const.)  257. 
VOTING— 

Manner  of  1752,  1753,  1780,  1852. 

Mode  of  1752,  1753,  1851. 

Regulations  as  to  1852. 
VOTING  PLACES— 

Number  of,  determined  how,  by  whom  1865. 

Provided,  how,  where  1850,  1865. 

Requisite  number  of  therefor  1865. 
What  officers  to  be  appointed  2765. 
What  officers  to  be  elected  2765. 
Who  eligible  to  hold  office  (Const.  371,  411; 

U.  S.  Const.  89,  95)  2765-2847. 
Who   not   eligible   to   hold   office  (Const.)  267, 

268. 
Who   eligible   to   vote  (Const.   250,   251,   411) 

1724. 
Writ  of  quo  warranto,  proceedings  under  5656- 

5682. 
Writs    of   election    issued    by    governor,    when 

2797  (U.  S.  Const.  91). 


Election  day,  civil  arrest  forbidden  on  253. 

Elector.     See    Voter    in    index    "Elections" 

(Const.)  250.  251,  253,  255,  285,  371,  383, 

384,  412,  413,  1724. 

Electric  light,   heat  and  power,  franchises 

for    1261-1264,    2129,    2139. 
When  eminent  domain  may  be  used  for 

2138,  5606. 
Wilful  and  malicious  injury  to  property 

6752. 

Electric  wires,  public  utility  refusing  to  con- 
nect, penalty  6844-6846. 
Eleemosynary  purposes,  perpetuities  allowed 

for  only  372. 

Eligibility  to  office,  justices  of  supreme 
court  and  district  judge  ineligible  to 
any  state  office  other  than  judicial  dur- 
ing term  of  office  for  which  elected  326. 
No  person  holding  lucrative  office  under 
government  of  the  United  States  eligi- 
ble to  civil  office  of  profit  except  cer- 
tain postmasters  and  commissioners  of 
deeds  267. 

Elisors,  appointment  and  powers  5495-5498, 
6234.     See  Civil  Practice. 


Elko  County,  creation,  boundaries  and  seat 

1458,  1459,  1464. 

Road  inspector,  compensation  3036. 
Embalmers,  state  board  of  4445-4454.     See 

Board  of  Embalmers. 

Embalming,  practicing  without  license,  pen- 
alty 4451. 
Embassador  of  United  States,  affidavit,  may 

take  in  foreign  country  5452. 
May  certify  to  judicial  record  of  foreign 

country  5411. 

Embezzlement,  bailee  defined  6653. 
By  bailee  6653. 
By  bank  official  648. 
By  officer,  public  money,  disqualification 

for  office  268,  6556-6660. 
Chapter  concerning  6653-6662. 
Cities  may  regulate,   under  fifty  dollars 

794(75). 
Contractor   failing   to   pay   for   labor   or 

material  6655. 
Defined  6653. 
Evidence  of  6653,  6654. 
Indictment  for  7068. 
Jurisdiction  of  offense  6917. 
Of  bank  funds  648,  6648. 
Property    restored   to    owner   6650,   6651, 

7428,  7445-7450. 
Public   funds,    conviction   of,    disqualifies 

from  holding  public  office  268. 
Public  money  by  officer  6656-6660. 
Emblems  or  insignia,  illegal  use  in  wearing 

of  2503-2505,  6715-6717. 
Embracery,  penalty  for  6323. 
Emergency  loan  and  tax  levy  for  by  com- 
missioners 3831,  3832. 
(Eminent    domain,     chapter    concerning    in 

civil  practice  act  5606-5629.     See  Civil 

Practice. 

Compensation   for   property  taken,   guar- 
anteed 175,  237,  344. 
Franchises,  may  exercise  2138. 
Highways,  exercised  for  3052. 
Irrigation  projects,  may  exercise  4770. 
Mining  claims  on  land  in  private  owner- 
ship 2458-2462. 
Property   shall   not  be  taken   for   public 

use  without  compensation,  when  237. 
Railroad    corporations,    powers    of    3535- 

3550,  3574. 
Right  of  way  not  to  be  appropriated  to 

corporation  until  compensation  is  made 

or  secured  344. 

EMPLOYER  AND  EMPLOYEE 

Act  for  collection  hospital  fees  1944. 

Act  making  misdemeanor  collect  hospital  fees 
certain  cases  1903-1945. 

Act  prohibit  false  advertising  or  deception 
procuring  employees  to  work  1936-1938. 

Act  prohibiting  issuance  nonnegotiable  acknow- 
ledgments indebtedness  payment  for  wages 
1939,  1940. 

Act  provide  arbitration  differences  employers 
and  employees  1929-1935. 

Act  specifying  working  on  surface  underground 
mines  not  labor  more  than  eight-hour  day 
1941,  1942 ;  other  eight-hour  day,  in  under- 
ground mines  6554 ;  in  smelters,  quartz 
mills,  reduction  plants  6555 ;  in  plaster  and 
cement  mills  6559. 


2413 


INDEX 


Employer  and  employee 


Agent  for  employment,  false  representation  or 

fraud  by,  penalty  6785. 
Agent  or  employee,  violation  of  duty,  penalty 

6786. 
Agreements    arbitration    acknowledged  -before 

whom  1933. 
Agreements   arbitration   filed,   recorded,  when, 

where  1933. 
Appeal   from   award    taken   to  supreme   court 

within  what  time  1931. 
Appeal,  losing  party,  may,  when  1923. 
Arbitration   board   decide  dispute,   how,   when 

1922. 

Arbitration  board,  selected  how  1922. 
Arbitration    commission,    appointed    by    gov- 
ernor, when  1929. 

Arbitration,  governor  to  act,  when  1929. 
Arbitration  proceedings,  conducted  how  1922. 
Arbitration,    same    subject,    cannot    be    again 

considered  1930. 
Arbitrators,  authority  compel  production  books, 

contracts,  other  documents  1932. 
Arbitrators,  compensation,  provided  how  1935. 
Arbitrators  compel  witnesses  testify,  produce 

books,  etc.,  how,  when  1932. 
Arbitrators,  decision  1931. 
Arbitrators  issue  subpenas,  compel  attendance 

witnesses  1932. 
Arbitrators,  power  administer  oaths,  sign  sub- 

pi-nas  1932. 

Assignment  when  claim  becomes  legal  1927. 
Assumption  risk  or  hazardous  employment  by 

employee  no  defense,  when  1915. 
Attorney   fees   allowed   prevailing   party   arbi- 
tration proceedings,  when  1923. 
Attorney    fees    taxed    as    costs    losing    party, 

when  1938. 

Award  binding  on  employees,  when  1933. 
Award  continue  in  force  between  parties,  how 

long  1930.      - 
Awn rd  majority  board  of  arbitrators  binding, 

when  1930. 
Award    proceedings   before   arbitration   board, 

certified  bow  1930. 

Board  arbitration  settle  disputed  injuries  work- 
man, when  1921. 

Board  arbitration  chosen,  how  1930. 
Board  arbitration  meet,  when  1930. 
Checks  and  orders  must  be  negotiable  1939. 
Chinese   not   to   be  employed   on   public   work 

3101,  3483-3485. 
Choice  remedies  exercised  solely  by  workman 

1925. 

Claim  against  employer  assignable,  when  1927. 
Claim    compensation    for    accident    presented, 

when  1918. 

Claim  compensation  preferred  debt  1926. 
Claims  may  be  compromised  1928. 
Clerk  district   court   file   award   and   proceed- 
ings before  arbitration  board,  when  1930. 
Collection  hospital  fees  unlawful,  when  1943. 
Compensation,  allowed  for  injury  or  death  of 

workman,  when  1915. 

Compensation,  arbitrators,  provided,  how  1935. 
Compensation,    determined    how,    in    case    of 

death  1919. 
Compensation,   determined   how   in   temporary 

or  permanent  injury  1920. 
Compensation,     due    injured    workman,     paid 

how,  to  whom  1919. 


152 


Compensation,  recovered  death  of  workman, 
paid  how,  to  whom  1919. 

Compensation  recovered,  preferred  debt  1926. 

Contractor  failing  to  pay,  when  deemed  em- 
bezzlement 6655. 

Compromised,  claims  may  be,  when  1928. 

Contributory  negligence  not  a  cause  of  defense, 
when  1915. 

Contributory  negligence,  not  presumed,  when 
1915. 

Copy  award  sent  to  governor,  when  1933. 

Costs  allowed  prevailing  party  arbitration  pro- 
ceedings, when  1923. 

Costs  suit,  reasonable  attorney  fees  allowed 
prevailing  party,  when  1923. 

Court  compel  attendance  witnesses,  production 
evidence,  how,  when  1923. 

Day's  labor,  eight  hours  to  constitute,  when 
1941,  1942,  2430,  3481,  3482,  3597,  3598, 
6555-6559.  See  Eight-Hour  Day  Laws. 

Death,  workman,  employer  liable  for,  when 
1915. 

Decision  arbitrators  1931. 

Decision  arbitrators  set  aside,  how,  when  1931. 

Decision,  supreme  court,  final,  when  1931. 

Demanding  money  of,  when  unlawful  6783- 
6786. 

Dependents  defined  1916. 

Dispute  of  injuries  workman,  determined  how 
1921. 

Eight  hours,  day's  work,  plaster,  cement  mills 
6559. 

Eight  hours,  day's  work,  smelters,  quartz  mills, 
reduction  plants  6555. 

Employee  dissatisfied  award  must  notify 
employer  intention  to  quit  1930. 

Employee  given  choice  of  remedies  recover 
compensation  or  damages  injury  or  death, 
when  1925. 

Employee  not  compelled  proceed  under  this 
act  1925. 

Employee  not  deemed  guilty  contributory 
negligence,  when  1915. 

Employee  not  entitled  to  compensation  injur- 
ies, when  1915. 

Employee  submit  physical  examination,  when 
1921. 

Employer  cannot  discharge  employee  during 
pendency  arbitration  1934. 

Employer  defined  1916. 

Employer  dissatisfied  with  award  must  give 
notice  intention  discharge  employee,  when 
1930. 

Employer  engaged  hazardous  improvements 
defined  1917. 

Employer  given  notice  of  accident,  when  1918. 

Employer  liable  injury  or  death  workman, 
when  1915. 

Employer  privileged  reduce  number  .employees, 
when  1934. 

Employer  responsible  contractor  or  subcon- 
tractor, when  1924. 

Employer  responsible  to  employee,  when  3510. 

Employers'  liability  act  1915-1928. 

Employment  agent,  fraud  or  false  representa- 
tion by  6785. 

Employment,  obtaining  by  false  letter  or  cer- 
tificate, penalty  6787. 

Employment,  preventing  unlawfully  6779. 

Endangering  life  by  refusal  to  labor,  penalty 
6588. 


Employer  and  employee 


INDEX 


2414 


Failure  arbitration  court  proceedings,  when 
1923. 

Failure  give  notice  accident  no  bar  to  recov- 
ery 1918. 

False  letter  or  certificate  to  obtain  employ- 
ment 6787. 

Governor  appoint  arbitration  commission, 
when  1929. 

Hazardous  callings  enumerated  1917. 

Hospital  fees,  collection  unlawful,  when  1943. 

Injury  workman,  employer  liable,  when  1916. 

Issuing  nonnegotiable  instrument  for  wages, 
penalty  1939. 

Judgment  court  conclusive  on  all  parties,  when 
1923. 

Judgment  entered  when  award  filed,  how  1931. 

Labor  conditions  misrepresented  unlawful, 
when  1936. 

Laborer  cannot  be  compelled  by  injunction  or 
other  legal  process  work  against  consent 
1930. 

Legal  day's  work  for  surface  employees,  what 
1941. 

Liability  for  damages  parties  violating  arbitra- 
tion proceedings,  what  1934. 

Life,  endangering  by  refusal  to  labor,  penalty 
6588. 

Limitation  compensation  injured  workman 
entitled  to  1920. 

Limitation  for  presentation  claim  compensa- 
tion for  accident  1918. 

Liquor  house,  wages  of  miners  not  to  be  paid 
in  4230. 

Majority  board  of  arbitrators  competent  to 
make  award  1930. 

Mongolians,  not  to  be  employed  on  public 
works  3101,  3483-3485. 

Miners,  solitary  employment,  regulations  4232. 

Money,  demanding  by,  when  unlawful  6783- 
6786. 

Nonnegotiable  .instrument,  issuing  for  wages, 
penalty  1939. 

Notice,  failure  to  give,  no  bar  to  recovery  1918. 

Notice  of  accident,  contain  what,  addressed  to 
whom  1918. 

Notice  of  accident  given  employer,  when  1918. 

Notice  of  accident  served  upon  employer,  how, 
when  1918. 

Notice  of  employees  to  quit  service  given 
employer,  when  1934. 

Notice  of  intention  to  discharge  employees 
given  by  employer,  when  1934. 

Notice  to  employees  given  by  employer  inten- 
tion to  dismiss,  how,  when  1930. 

Notice  served  upon  an  employer  when  a  cor- 
poration, how  1918. 

Notice  in  writing  of  intention  to  quit  work 
given  employer,  when  1930. 

Notice  in  writing  served  on  arbitrators  to 
convene,  when  1933. 

Obligation  of  parties  during  pendency  of  arbi- 
tration 1934. 

Partially  injured  workman,  compensation  to 
receive,  what  1920. 

Penalty  issuing  negotiable  instruments  sub- 
ject to  discount  1940. 

Penalty  misrepresenting  labor  conditions,  what 
1937. 

Penalty  violation  act  providing  for  collection 
of  hospital  fees  1945. 


Penalty  violation  eight-hour  law,  defined  1942 ; 
6555;  6559. 

Physical  examination,  employee  must  submit 
to,  before  whom,  when  1921. 

Plaster-cement  mills,  eight  hours  day's  work 
6559. 

Preferred  debt  claim  for  compensation  recov- 
ered 1926. 

Prevailing  party  entitled  to  costs  and  reason- 
able attorney  fees,  when  1923. 

Preventing  employment,  penalty  6769. 

Principal  liable  to  pay  compensation  entitled 
indemnify  himself,  when  1924. 

Proceedings  and  testimony  arbitrators  filed, 
where  1930. 

Prompt  notice  of  accident  given  employer  1918. 

Public  printing,  union  label  on  4309. 

Quartz  mills,  smelters,  eight  hours  day's  work 
6555. 

Record  award  transmitted  supreme  court  on 
appeal,  when  1931. 

Reduction  plants,  smelters,  quartz  mills,  eight 
hours  day's  work  6555. 

Refusal  to  labor,  endangering  life  by,  penalty 
6588. 

Regulations,  contracts,  or  rules  employer  not 
allowed  as  defense,  when  1915. 

Right  of  action  of  workman  against  employer, 
defined  1938. 

Right  of  appeal  allowed  losing  party  1923. 

Saloons,  wages  of  miners  not  to  be  paid  in 
4230. 

Smelters,  quartz  mills,  eight  hours  day's  work 
6555. 

Solitary  employment  in  mines,  regulations 
4232. 

Surface  employees  work  only  eight  hours  a 
day,  when  1941. 

Terms  defined  1916. 

Total  disability  injured  workman,  compensa- 
tion to  receive,  what  1920. 

Underground  mines,  eight  hours  day's  work 
6554. 

Union  label  on  public  printing  4309. 

Unlawful  to  misrepresent  labor  conditions, 
when  1936. 

Wages,  issuing  nonnegotiable  instrument  for. 
penalty  1939. 

Wages  of  miners,  not  to  be  paid  in  liquor  house 
4230. 

Want  of  ordinary  or  reasonable  care  fellow 
servant  not  a  defense,  when  1915. 

Weekly  payments  compensation  disabled  work- 
man commence  when,  paid  how  1920. 

Weekly  payments  increased  or  diminished, 
how  1923. 

Workman  defined  1916. 

Workman  entitled  damages  for  misrepresenta- 
tion labor  conditions  1938. 

Workman  injured  entitled  recover  compensa- 
tion from  contractor  instead  of  employer, 
when  1920. 


Employers'  liability  act  1915-1928.  See  Em- 
ployer and  Employee. 

Employment  agent,  fraud  or  misrepresenta- 
tion by,  penalty  6785. 

Enabling  act,  of  Congress  for  Nevada  209- 
220. 

Enacting  clause  of  statutes,  how  made  281. 


2415 


INDEX 


Estates  of  deceased  persons 


Encampment  of  militia  4n:',o-4n:!S.  See  State 

Militia. 

Enclosure  of  public  lands  unlawful  3173. 
End  line*  of  mining  claims   to   be  parallel 

L'.-'Ts.     Sec  Mines  and  Mining. 
Endangering  life  by  refusal  to  labor  G588. 
Endangering  vessels,  train  or  car  by  false 

signal   <>!•   interference  with   signals  075o. 
Endowment  life  insurance  companies  1310- 

1324.  1327-1329.     See  Corporations. 
Engine    liable    to   cause    fire,    operation    of, 

penalty  O5.s<?. 
Engineer    on    duty    at    all    times    in    mines, 

when  42 

Engineer,   stationary,   licensed,   how  3s:i:». 
Engineer,    who    cannot    read,    employment    of, 

when  unlawful  05  V.'. 

English    language,   juror   must    have   knowl- 
edge of    I'.'!".'. 

I^ed  in  «-..urts  4885. 
Enlarged      homesteads   (federal)   3139-3145. 

See  Public  Lands  ::oo3-3220. 
Enrolled  militia,  who  constitute  3900.       See 

State  Militia. 

"Enter."  word   includes  what  6294(21). 
Entry,     forcible,     defined     r,r,s«;.     See    Civil 

Practice. 

Entry,    forcible,  district    court    has  jurisdic- 
tion 321. 
Enumeration  of  inhabitants  of  state,  under 

direction  of  legislature,  with  census  taken 

under   direction   of   Congress   to   serve  as 

basis  of  representation  in  legislature  381. 
Enumeration  of  rights,  not  to  impair  others 

retained  by  the  people  249. 
Episcopal   Church.    Protestant,   incorporated 

1425-1  1-"::. 
Equalization,    board    of.    duties   3638,   3693. 

3793.    .",797.    :;s:;i>.    :\s\\.     See    Revenue, 

<  'ouuty   <  'ommissioners. 
Equity.     See  Civil  Practice. 

Jurisdiction  of  district  courts  in  (Const.) 
321, 

Jurisdiction  of  supreme  court  in  (Const.) 
319. 

Justice   of   the   peace,    no   jurisdiction    in 
(Const,  i  321. 

May  be  administered  in  same  action  with 

law  (Const.)  329. 
Error,   writ   of,    S.   C.   Rules   xviii-xxii,   pp. 

1424.  1425. 
Errors  (civil  action),  technical  disregarded 

5000.     See  Civil  Practice. 
Errors  (Criminal    action),    technical,    disre- 
garded 7302.  7409. 

Escape  of  prisoner.     See  State  Prisons  and 
Jails. 

Causing  death  in  attempt,  penalty  6819. 

Concealing,  penalty  6343. 

Costs,  prosecutions  for  6820. 

From  prison  or  jail  6339. 

Insane  convict  2209. 

Paroled  prisoner,  when  deemed  7631. 

Permitting,  penalty  1657. 

Reward  for  2831. 

Soliciting  or  receiving  bribe  to  permit  or 

assist  0342. 
Escape  of  defendant  arrested  in  civil  action, 

sheriff  liable  as  bail  5110. 
Escheats,    animals   impounded,    proceeds   of 
sale  of  2331. 


Escheats — continued. 

Attorney-general,   duties   and    relation   to 

1025,  6130-6136. 
Contest  of  6132. 
County  treasurer  to   pay  state  treasurer 

1625. 
Estates  that   escheat  to  state  pledged  for 

educational  purposes  355. 
Informer  of  to  have  percentage  6136. 
Procedure  in  (5131-0130. 
Proceeds  of  unclaimed  property  sold  by 

jeweler  523. 
Public  administrator,   funds  in   hands  of 

1619. 

Recovery  back  from  state  1625,  6134. 
School   fund  to   receive  benefit  from  355, 

1619,  6116. 

When  occurs  6116,  6130. 
Esmeralda     County,     creation,     boundaries 

and    seat    3!to.    1111.    1450,    1451,    1452, 

14(50.  14(51. 
Estate  for  life,  proceedings  on  termination 

of  5584. 
Estate    for    life    or    years,    how    set    off    in 

action  for  partition  5548. 
Estates  and  rights,  subject  to  condemnation 
under  eminent  domain  5607. 

ESTATES  OF  DECEASED  PERSONS 

Absent  heirs,  attorney  for  5872,  6047. 
ACCOUNT— 

After  authority  ceases  6051. 

Allowance  or  confirmation  of  6063. 

By  administrator  or  executor  on  resignation 
5907. 

By  administrator,   when  letters  revoked  on 
discovery  of  will  5935. 

Claims  paid,  how  charged  in  6039. 

Contest  of  6045.  6047. 

Court  may  receive,  in  vacation  4850. 

Court  may  require  4849. 

Failure  to  make,  revocation  of  letters  6051, 
6061. 

Failure  to  render,  how  enforced  6043. 

Final,  failure  to  render  6061. 

Final,  petition  for  distribution  may  accom- 
pany 6072. 

Final,  when  deemed  6056. 

Final,  when  to  render  6060,  6072. 

First,  when  rendered,  contents  6041. 

Full,  when  required  6042. 

Hearing  of  6045,  6049. 

Notice  of  hearing  6044,  6049. 

Settlement  conclusive  6048. 

Special  administrator  to  render  5931. 

Vouchers  produced  6046. 

What  chargeable  in  6035. 
Act  liberally  construed  6126. 
Action  for  death  by  wrongful  act  4997. 
Action  pending,  claim  to  be  filed  for  5972. 
Actions    for    conversion,    trespass    and    waste 

6023,  6024. 

Actions,  limitations,  effect  on  4977,  4978. 
Actions,  parties  to  4987. 

ADMINISTRATOR.     See   also   Executor   or 
Administrator. 

Acts  before  revocation  of  letters  valid  5938. 

New,  appointed,  when  5915. 

New,  powers  of  5936. 

Special,   when  appointed  5926-5932. 

With  will  annexed,  powers  5890. 


Estates  of  deceased  persons 


INDEX 


2416 


Advance  court  fee  in  2030. 

Advance   distribution   or   payment   of   legacies 

6064-6071. 
ADVANCEMENT— 

Considered,  how  6120-6124. 

Determination  of  6089,  6120-6124. 

Gift  or  grant,  when  deemed  6122. 
Affidavit  to  claim  5965. 
Agent  for  absent  distributee  6090,  6094. 
APPEALS— 

From  what  may  be  taken  6089,  6112. 

None  from  appointment  of  special  adminis- 
trator 5928. 

Power  of  appellate  court  on  6113. 

Procedure  in  6112. 

To  supreme  court  6112-6115. 

Undertaking  on  6114. 
Appraisement,  before  sale  5997. 
Appraisement,  how  made  5943,  5944,  5949. 
Appraisers,  oath  and  duties  5943-5949. 
Appraisers-,  compensation  of  5943. 
Assessment  of  property  of,  how  3629. 
ATTORNEYS  IN— 

Appointed   for   parties   in    interest,    on    sale 
of  real  property  5990. 

Compensation  of  6126. 

For  absent  or  minor  heirs  5872. 
.    For  creditors  5990. 

For  minors,  heirs  or  devisees,  appointment 
of  6047. 

For  minors  or  interested  parties,  duties  6110. 

Powers  of  6126. 

BOND  OF  EXECUTOR  OR  ADMINIS- 
TRATOR— 

Additional  required  5911,  5917,  5919. 

Additional    security,    who    may    apply    for 
5917,  5918. 

Additional  sureties  required  5914-5922. 

Approval  5911. 

Court  of  own  motion  may  require  additional 
surety  5922. 

Form  of  5911. 

In  force  until  penalty  exhausted  5912. 

May  be  required  though  will  exempts  5916. 

Penalty  excess  of  $2,000,  sureties  5913. 

Release  of  sureties  2881,  5923-5924. 

Sureties,      additional      required,      procedure 
5914-5922. 

Sureties,  doubtful,  reexamination  5914. 

Sureties,  justification  of  5913. 

Sureties  released,  how  5923-5924. 

Sureties,  when  several  may  qualify  5913. 

Surety  company  may  furnish  695. 
Certified  copies  force  of  originals  5910. 
Children,  homestead  may  retain  5956. 
Citation  to  executors  5869. 
Citation  to  heirs  5868. 
Citation,  service  and  proof  of  6101,  6102,  6104- 

6107. 

Civil  practice  act  applicable  6138. 
CLAIMS  OR  DEBTS— 

Action  on,  not  maintainable  unless  filed  5972. 

Action  pending  at  death  5972. 

Affidavit  to,  form  of  5965. 

Allowance  indorsed  on  5973. 

Approval  or  rejection  5967. 

Barred  by  statute  rejected  5969. 

Compromise  of  6028. 

Contingent,  disputed  or  not  due  6057. 

Court  may  approve,  in  vacation  4850. 


Claims  or  debts — continued. 

Devises  and  legacies  subject  to  6008. 

District  judge  to  act  upon  5967. 

Estate  insufficient  to  pay  6054. 

Examination,  approval,  rejection  5967. 

Executor  or  administrator  may  file  5966. 

Filed  with  clerk,  how  and  when  5964. 

Filing  claim,  failure  bar  to  action,  exception 
5970. 

Form  of  claim  5967. 

Judge  may  file  5966. 

Judgment  on  5974,  5976. 

No  action  on  unless  filed  5970. 

Of  executor  or  administrator,  judge  to  pass 
upon  5977. 

Order  of  payment  6052. 

Paid  according  to  will  6005. 

Payment  into  court  6057. 

Part  allowed  5973. 

Payment  of  6056. 

Preference  in  payment  6053-6055. 

Rejected,  action  on  5968,  5973-5976. 

Rejected,  notice  of  5968. 

Sale  of  property  to  pay  5982. 

Special  administrator  not  to  pay  5929 

Statement  of,  to  be  filed  5979. 

When  may  be  filed  4977,  5964. 
Clerk  of  court,  record  to  keep  6103. 
Compromise  with  debtors  6028. 
Community   and   separate  property,   inventory 

to  show  5944. 
Community   property,    how   disposed    of   2164, 

2165. 

Contempt,  failure  to  appear  when  cited  5954. 
Contempt  not  to  produce  will  5865. 
Contest  of  will  5872-5876. 
Contract  for  purchase  of  land,  sale  of  6010- 

6013. 

Contract  of  decedent,  performance  of  6147. 
Contracts  of  decedent,  specific  performance  of 

6032,  6033. 
Conversion    of    estate    before    letters,    liability 

5952-5955. 
Conversion    of    estate,    proceedings    to   recover 

5953,  5954. 
Coroner,    duties    as    to    property    of    decedent 

7553-7557. 

Cost  of  suit,  liability  for  5385,  5976,  5973,  6109. 
Costs,  how  determined  6109. 
Court  fee  in  advance  2030. 
Courtesy,  no  estate  in  2161. 
Creditors,  debt  of  executor  to  recover  5946. 
Creditors,  notice  to  5963,  5978. 
Death  by  wrongful  act,  action  for  4997,  5648. 
Death,  proof  of  5904. 
DEBTS.     See  Claims— 

Debt  of  executor  not  discharged  5945,  5946. 
Devisees    and    legatees,    contribution    between 

6009. 

Devises  and  legacies  liable  for  debts  6008,  6009. 
Decedent,   residence  of,  jurisdiction  5857. 
Decree  admitting  will  to  probate  5876. 
Decree  of  discharge  6095. 
Decree  of  distribution  6059,  6062,  6067. 
Decree  of  distribution,  form  of  6073. 
Degrees  of  kindred,  how  computed  6119. 
Depositions,  how  taken  6108. 
Descents    and    distribution    6116-6125,    6140, 

6141. 

Distributee,  absent,  agent  for  6090-6094. 
Distribution,  decree  of  6059,  6062,  6067. 


2417 


INDEX 


Estates  of  deceased  persons 


Distribution  or  payment  of  legacies  in  advance 

on  bond  60G4-6071. 
Distributee,  rights  of  G073. 
District  court,  jurisdiction  321,  5857. 
District  court,  powers  over  4840,  4849,  4850. 
District  judge  disqualified  5940-5941. 
Disqualification  of  judge,  duty  5940-5941. 
Dower,  no  estate  in  2161. 
ESCHEATS— 

Attorney-general,  duty  6131. 

Appeal  from  orders  in  relation  to  6133. 

Contest  of  6132. 

Informer,  percentage  to  6136. 

Proceedings  in  6130-6136. 

Proceeds  from,  disposition  of  6132,  6137. 

When  occurs  6116,  6130. 
Estates  in  common,  partition  6075-6091. 
Estates,  proof  of  value  5904. 
Execution,   issuance  on  judgment  after  death 

of  party  5285,  5975. 
Execution  may  be  stayed  without  bond,  when 

5352. 
Execution,  when  may  or  may  not  issue  5974, 

5075. 

Executions,  issuance  of  6109. 
EXECUTORS.     See  Executor  or  Administra- 
tor- 
Acts  before  revocation  of  letters  valid  5938. 

Debt  to  decedent  not  discharged  5945,  5946. 

Executor  of  executor  cannot  be  5887. 

Joint  executors,  powers  5888,  5889. 

Minor  may  be  5888. 

Neglect  to  file  will  5861. 

Objections  to  5885. 

Remaining  of  one  or  more,  to  act  5933. 

Renunciation  of  trust  5860. 

Special  administrator  to  succeed  5932. 

Who  competent  5884. 
EXECUTOR  OR  ADMINISTRATOR— 

Absconded  or  concealed,  citation,  service  on 
6101. 

Account,  with  what  chargeable  in  6035. 

Actions  by,  joinder  of  parties  4987. 

Allegation  of,  as  legal  conclusion,  when  suffi- 
cient 5078. 

Bond  of  5911-5933. 

Bond  of,  action  on  6026. 

Bond  of,  sureties  release  of,  how  2881,  5923- 
5924. 

Bond  of  surety  company  may  furnish  695. 

Claims,  action  on  5967-5969. 

Claims,  not  to  purchase  6039. 

Claims,  statement  of  to  file  5979. 

Commissions  and  allowance  6040. 

Commitment  for  contempt  6102. 

Compensation  and  expenses  6038. 

Conveyance  by,  in  performance  of  contract 
of  decedent  6147. 

Decree  of  discharge  6095. 

Death  by  wrongful  act,  action  for  may  bring 
4997,  5647. 

Discharge,  when  entitled  to  6056. 

Duty   to  pay   funeral  and  family  expenses, 
when  6055. 

Execution    against    for    debts    ordered    paid 
6058. 

Failure   to   give   additional   surety    required 
r,915,  5920,  5921,  5925. 

Final  account  of  6060,  6072. 

First  account  6041. 


Executor  or  administrator — continued- 
Irrigation  district,  petition  to  annex  land  to, 
may  sign  4772. 

Liability  for  debts  6058. 

New,  appointed  5915. 

Notice  of  appointment  of,  form,  how  given 
5963. 

Oath  of  5910. 

Oath  to  inventory  5947. 

Order  appointing  reversed,  prior  acts  valid 
6115. 

Personal  liability  6034,  6036,  6037. 

Property,  right  of  possession,  duties  to  5950. 

Property,  to  take  possession  of  6021. 

Removal  of,  who  may  apply  for  6100. 

Resignation  of  5937. 

Revocation  of  letters  6099. 

Sue  or  be  sued  6022-6024. 

Sureties  on  bond  of,  how  released  2881. 

Suspension  by  court  in  vacation  4850. 

Suspension  of  powers  6097-6100. 

Suspension  pending  giving  additional  surety 
5921. 

Vacancy    in,   effect   on   limitation   of   action 

5971. 

Executrix,  marriage  of,  ends  authority  5886. 
Executrix,  married  woman  may  be  5886. 
Exemplified  copy  of  probate,  evidence  5877. 
Expenses,  estate  liable  for  5951. 
Expenses,  last  sickness,  when  payable  6055. 
FAMILY— 

Allowance  for  5958. 

Family  allowance  preferred  charge  5959. 

Family  allowance,   when  payable  6055. 

Family  allowance,  property  sold  for  5982. 

Property    set    apart    for,    how    apportioned 
5960. 

Property  set  apart  for  support  of  5957. 
Final  account  6060,  6072. 
Foreign  wills,  probate  of  5878-5879. 
Form  of  letters  5891-5893. 
Fraudulent  conveyance  by  decedent  6029-6031. 
Full  account  6042. 

Funeral  expenses  preferred  charge  5959. 
Funeral  expenses,  when  payable  6055. 
Gifts  and  grants,  when  deemed  advancement 

6122. 

Guardians  (see  index,  Guardians)  6149-6201. 
Heirs,  attorney  for  5872,  5990. 
Heirs  of  creditors  or  purchasers,  rights  of  1085. 
Heirs,   unknown,  how  made  parties  to  action 

5009,  5010. 
HOMESTEAD— 

Decree  setting  apart,  recorded  6111. 

Set  apart  for  family  2165,  5957. 

Widow  and  children  may  retain  5956. 
Husband    and    wife,    separate    property    only 

affected  6125. 

Illegitimate  child,  heirs  of  6118. 
Illegitimate  child,  inheritance  of  5833,  6117. 
Inheritance  6116-6125,  6140,  6141. 
Inheritance,  rights  of  6116. 
Insolvent  estate,  family  allowance  limited  5958. 
Issue  of  fact,  how  determined  6109. 
Issue  of  fact,  how  tried  5874. 
INVENTORY— 

Appraisement    of,    how    made    5943,    5944, 
5949. 

Court  may  receive,  in  vacation  4850. 

Nonreturn  of,  liability  5948. 


Estates  of  deceased  persons 


INDEX 


2418 


Inventory — continued. 

Oath  to  5947. 

Partnership  interest  included  in  6025. 

Return  of  5942. 

Separate  and  community  property   to  show 
5944. 

Supplemental  5949. 

What  to  include  5942-5945. 
Joint  executors  5888. 
Joint  executors,  majority  control  5889. 
Joint  executors,  powers  5889. 
Judge,  disqualified  to  act,  duty  5940-5941. 
Judgment,  death  by  wrongful  act  not  liable  for 

debts  5648. 
Judgment,  effect  of  execution  not  to  issue  5974, 

5976. 

Judgment  rendered  after  death  of  party,  pay- 
able how  5272. 

Jurisdiction  of  district  court  over  321,  5857. 
Jurisdiction,    residence    of    decedent    controls 

5857. 

Kindred,  degrees  of,  how  computed  6119. 
Kindred  of  half  blood,  inheritance  of  6119. 
Legacies,  payment  of  6059,  6064-6071. 
Legacies,  sale  of  property  to  pay  6004. 
LETTERS  OF  ADMINISTRATION— 

Administratrix,     marriage    of,    extinguishes 
5898. 

Contest  of  petition  5900,  5901. 

Form  of  5909. 

Granted  to  one  not  entitled  on  request  5905. 

Granted  to  persons  of  lesser  right  5903,  5906. 

Males  preferred  to  females  5895. 

Notice  of  petition  for  5899. 

Notice  of  petition,  proof  5902. 

One  or  more  may  receive  5896. 

Order  of  preference  5894. 

Petition  for,  contents  5899. 

Petition   for   revocation   by   one   having  pre- 
ferred right  5907. 

Proof  required  on  hearing  5904. 

Revocation  obtained  by  one  entitled  to  pref- 
erence 5906-5908. 

Revocation,  prior  acts  valid  5938. 

Revoked,    failure    to   give   additional    surety 
5915-5925. 

Revoked  for  failure  to  give  notice  to  credit- 
ors 5978. 

Revoked   in   favor  of  surviving  husband   or 
wife  5908. 

Revoked,  proof  of  will  5935,  5936. 

Signed,  and  sealed  by  clerk  5891. 

Special,   may   be  granted   in  vacation  4850. 
See  Special  Administrator. 

Subsequent  issuance  of  6096. 

Transcript  of  force  5939. 

Vacancy,  new  to  issue  5934. 

Who  entitled  to  5X94-5896. 

Who  not  entitled  to  5897. 

Whole  blood  preferred  to  half  blood  5895. 
LETTERS  TESTAMENTARY— 

Form  of  5892. 

Revocation,  prior  acts  valid  5938. 

Revoked  for  failure  to  give  notice  to  credit- 
ors 5978. 

Revoked,    failure    to    give    additional    surety 
5915-5925. 

Signed  and  sealed  by  clerk  5891. 

Subsequent  issuance  of  6096. 

To  minors  5888. 

Transcript  of  force  5939. 


Letters  testamentary — continued. 

Vacancy,  new  to  issue  5934. 

When  issued  5883. 

Without  bond  5916. 

LETTERS  WITH  WILL  ANNEXED  5884, 
5887— 

Form  of  5893. 

Petition  for  5885. 
Liens  against,  statute  of  limitations  does  not 

run  6014. 

Limitation,  action  on  rejected  claim  5968. 
Limitation,  how  reckoned  5971. 
Lien,  does  not  run  against  pending  settlement 

of  estate  6014. 

Limitation  of  actions,  how  affected  4977,  4978. 
Limitations,  sale  by  executor  or  administrator 

4964,  6018. 
Marriage       of       administratrix       extinguishes 

authority  5898. 

Marriage  of  executrix,  effect  5886. 
Marriage,    null    or    void,    issue    deemed    legiti- 
mate 6117. 

Married  woman  as  executrix  5886. 
Mines,  belonging  to,  option,  lease  or  sale  5980. 
Minors,  attorney  for  5872.  5990,  6047. 
Minors,  guardian  named  in  will  6150. 
Minor  heirs,  guardians  for,  general  act  6149- 

8801. 

Minor  may  be  executor  5S.SS. 
Mortgage  or  lien,  form  of  claim  for  5967. 
Mortgage,  payment  of  60.".:',. 
Mortgaging  of  estate  6146. 
Neglect  to  file  will,  liability  5861. 
New  administrator,  letters,  bonds,  powers  5964. 
Nonresident  decedent  5857. 
Nonresident,  notice  to  of  rejected  claim  5968. 
Notices,  clerk  may  give  without  order  6143. 
Notices,  personal,  how  given  6104-6107. 
Notice  of  appointment  of  executor  or  adminis- 
trate).•  5J'M>:>. 
Notice    of    petition    for    letters    administration 

5899. 

Notice  of  probate  5866. 
Notice  to  creditors  5963,  5978. 
Notice    to    creditors,    failure    to    give,    liability 

5978. 

Oath  of  executors  or  administrator  5910. 
Oath,  form,  'filing  and  record  5910. 
Objections  to  executors,  hearing  5885. 
Orders,  power  to  enforce  5867. 
Parties  to  actions,  joinder  6027. 
Parties  to  actions  unknown  heirs,   how   made 

5009-5010. 

Partition  of  estates  in  common  6075-6091,  6166. 
Partnership  property  6025. 
Patents  to  state  land,  how  issued  322:5. 
Personal     estate     first     liable    for    debts     and 

expenses  5951. 

Petition  for  distribution,  notice  of,  service  6074. 
Petition    for    letters    of    administration    r.s'.in, 

5900. 

Petition  for  probate  of  will  5860,  5S6U. 
Post-humors  children,  rights  of  6129. 
Practice,  civil  practice  act  applies  61. ">s. 
Practice,  hearings,  when  had  6144. 
Preferred  claims,  wages  6145. 
Probate  foreign  will  5878-5879. 
Probate  register  6103. 
Probate   of   will,    who   may   petition    for   .~>x<;2, 

5863. 
Proceedings  of  record  6126. 


2419 


INDEX 


Estates  of  deceased  persons 


Proof,  lost  or  destroyed  will  5881. 
Proof  of  will  sufficiency  5873. 
PROPERTY— 

Conversion    of    before    letters    issued    5952- 
5955. 

Coroners,  duties  as  to  7553-7555. 

How  assessed  3629. 

Liable  for  debts  5951. 

Possession,  how  obtained  5953,  5954. 

Possession   of   persons   other  than   adminis- 
trator 5955. 

Rights  of  possession,  duties  to  5950. 

Sale  of,  see  sale  of  property  5980-6020. 

Set  apart  for  support  of  family  5957,  5960. 
Public  administrator.  See  index  Public  A  dm  in - 

ixtrator  1615-1621. 
Publications,  how  made  6103. 
Real  estate  may  be  sold  for  debts,  when  5951. 
Rejected  claims  5967,  596  v 
Resignation  of  administrator  or  executor  5937. 
Revocation  of  letters,  prior  acts  valid  5938. 
"Kin-lit  of  representation"  defined  <>r_".i. 
SALE  OF  PROPERTY— 

Authorized  by  will  6006,  6007. 

By   treasurer,  when  taken  over  by  coroner 
7554. 

KxeciMo:-   HI-   administrator  not   to   purchase 
6020. 

Land   contracts  6010-6013. 

(  U.jections  io  5981. 

Order  of  court   required  .1980. 

Order  for  5'JX-J. 

Perishable  5982. 

Personal  notice  of  5984. 

Personal,  procedure  5982,  5984. 

Petition   for.  objections  hearing  5981. 

REAL— 

Adjournment  of  6003. 

After  acquired  title  to  grantee  6000. 

Appraisement  .~>(.)!)7. 

Assent    to  ."ills*. 

Attorney   for   minors,   creditors   and   heirs 
5990. 

Compelled,  when  5993. 

Confirmation  of  5998,  5999. 

Conveyance  5999,  6000. 

Delinquent  purchaser  5999. 

Devised  portion  5993. 

Expenses  6015. 

Fraud  or  misconduct  in  6016,  6017. 

Hearing  5989. 

Plow,  where  and  when  made  5993,  5997. 

Mortgage  or  lien  satisfaction  6014. 

Notice  of  5996. 

Notice  of  hearing  5988. 

Notice  of  sale  6001. 

Notice  of  service  on  whom  5990. 

Order  for,  certified  copy  furnished  5995. 

Order  of  confirmation  6001. 

Order  of  sale  5992-5993. 

Order  to  show  cause  5987. 

Petition  for  5986. 

Postponement  of  6002. 

Vacated,  new  sale  5998. 

Witnesses,  process  for  5991. 

Who  may  apply  for  5994. 
Return  of,  liability  for  neglect  6019. 
Separate    and    community    property    inventory 

to  show  5944. 

Separate    property    of    husband    or    wife    only 
affected  6125. 


Speedy  settlement  of  6126. 
SPECIAL  ADMINISTRATOR— 

Account  to  render  5931,  6098. 

Appointed  in  vacation  4S50. 

Appointment,  no  appeal  from  5928. 

Appointment  and  bond  6098. 

Appointment  and  letters  5927,  5932. 

Executor  to  succeed  5932. 

Powers  cease,  when  5930. 

Powers,  duties  and  liabilities  5929,  5931. 

Preference  in  appointment  592S. 

Purpose  of  5926. 

When  appointed  5926-5932. 
Specific  performance  of  contracts  6032.  6033, 

6147. 

State  land  patents  issue  to  whom  3223. 
Statute  of  limitations,  claim  barred  by  5969. 
Statute  of  limitations,  vacancy  in  administra- 
tion not  regarded  in  5971. 
Statute  of  limitations,  effect  on  actions  4977, 

4!>7X. 

Si'ltpeiia   for  witness  to  will  5870. 
Subsequent  issuance  of  letters  may  issue,  when 

8096, 
S I  M  M  A  I!  V  A I  ).M  I  X  ISTIIATION— 

Allowable,    when   6127. 

Notice  to  creditors  6128. 

Procedrre  and  costs  (5127. 
Support   of  family  .">!).">  7. 
Surety  company   may  furnish  bonds  695. 
Surviving  partner,  rights  and  liabilities  6025. 
Taxation   of  :',<;•_'!). 
Time,  order  shortening  6103. 
Tri-stee  of  part  of  estate,  duties  .">955. 
Unclaimed,  disposition  of  6092. 
I'nknown    heirs    to    real    property,    how    made 

parties  to  action  r><)09,  5010. 
Unlawful  detainer,  possession  by  ancestor,  bar 

5506: 

Vacancy,  executor  or  administrator  5934,  5974. 
Value  of  not  exceeding  $500.  disposition  5961, 

5962. 

Value  of  proof  5904. 
Wages,  claims  for  when  preferred  6145. 
Widow,  estate  not  exceeding  $500  5961-5962. 
Widow,  estate  of  heirs  of  deceased  husband  to 

inherit,  when  6140. 
Widow,   homestead  may  retain  59.~>(;. 
Widower,   estate  of.   heirs  of  deceased  wife  to 

inherit,  when  6141. 
Witnesses,    other    party    to    transaction    dead 

5419.  5423. 
WILLS— 

Advancement  considered   in  distribution  6120- 
6124. 

Advancement,  court  to  determine  6089. 

Advancement,  effect  of  6218. 

Agreement    of    testator    to    convey    devised 
property  6213. 

After-acquired    property,    howr    affected    by 
6221. 

After-born    children    share    in    estate    6215, 
6218. 

Attestation  of  witnesses  6204. 

Bond  or  agreement  to  convey  devised  prop- 
erty, effect  on  6213. 

Cancelation  of  second  does  not  revive  first, 
exception  6210. 

Children  born  after,  effect  on  6215,  6218. 

Children    or   issue   of   when    unprovided    for 
6216,  6218. 


Estates  of  deceased  persons 


INDEX 


2420 


Wills — continued. 

Codicil  included  in  6222. 

Competency  to  make  6202. 

Contest,  who  may  make  5872. 

Creditor  as  witness  6205. 

Debts  not  affected  by  6005,  6202. 

Decedents  of  devisee  inherit  share  of  6219. 

Delivery  for  probate  5859-5861. 

Executor  present  for  probate  5859. 

Executor,   renunciation  of  trust  5860. 

Foreign,  probate  5878,  5879. 

Gifts  or  grants  when  deemed  advancement 

6122. 

Guardian  named  in  6150,  6161. 
Holographic  2223-2225. 
Implied  revocation  6209. 
Inheritance  by  decedent  of  devisee  6219. 
Invalid,  may  not  be  validated  by  special  law 

(Const.)  278. 

Land,  devise  of  construed  6220. 
Lost  or  destroyed,  probate  5880-5882. 
Marriage,  effect  on  6211,  6212. 
Married   woman,    power   to   make,   alter   or 

revoke  6203. 

Mortgage  not  revocation  6214. 
Nuncupative  6204,  6206-6208. 
Order  for,  production  5864,  5865. 
Persons  competent  to  make  6202. 
Petition  for  probate  5860. 
Probate  of  5857-5893. 
Probate,  petition  for  5865. 
Probate,  proof  5871. 
Probate,  proof,  sufficiency  of  5873. 
Probate,  who  may  petition  for  5862,  5863. 
Production  required  5954. 
Provisions  for  debts  or  expenses  6005,  6202. 
Refusal  to  produce,  penalty  5865. 
Requisites  of,  valid  6204. 
Revival  of  earlier  6210. 
Revocation,  how  effected  6209. 
Revoked  by  marriage  6211,  6212. 
Sale  of  property  authorized  by  6006,  6007. 
Subscribing  witness,  subpena  for  6870. 
Testamentary  capacity  6202. 
Who  may  make  6202. 
Witnesses,  attestation  of  6204. 
Witness,  provision  in  favor,  when  void  6205. 

HOLOGBAPHIC — • 

How  made  and  executed  6224. 

Proved  as  other  wills  6225. 

Validity  of  6223. 

Witnesses  not  required  6224. 
NUNCUPATIVE  WILL — 

Contest,  who  may  make  6208. 

Estates  of  $1,000  or  less  limited  to  6206. 

Notice  of  probate  6208. 

Probate  of,  procedure  6208. 

Proof  of  6206,  6207. 

Three  months  for  proof  6207. 

Witness  to  6206. 
WITNESSES — • 

Compulsory  attendance  5904. 

Depositions  of  6108. 

To  will,  examination  5875. 


Estates  of  minors.     See  Guardians,  Minors. 

District  court,  jurisdiction  over  321,  4849. 
Estray  animals  to  be  impounded  2261,  2265, 

2329,  2331.     See  Live  Stock. 
Estrays,  recorder  to  keep  book  and  record 

of  2275,  2282. 


Ethiopian    or    black    race,    marriage    with 

white  race,  unlawful,  penalty  6514. 
Eureka    County,    creation,    boundaries   and 

seat  1462-1465. 

Evidence.     See  Evidence  under  Civil  Prac- 
tice, Criminal  Practice. 
Accused  not  to  be  required  to  be  witness 

against  himself  237. 
Affidavits  5450-5453,  7414. 
Certified   copy  of  notary's   record  to   be 

prima  facie  2754,  2755,  2759. 
Certified  copy  of  record  of  city  clerk  818. 
Depositions  (civil    action)  taken    within 

state  5454-5457. 
Depositions  (civil    action)  taken    without 

state  5458-5463. 
Depositions  (criminal    action)   7365-7384, 

7414. 

False,  offering  knowingly,  penalty  6357. 
Husband  or  wife,  witness  for  or  against 

each  other  5424,  7452. 
In  action  for  libel,  truth  may  be  given  238. 
Perpetuating  testimony  5464-5473. 
Public  or  private  writings  5408-5415. 
Two  witnesses  or  confession  required  for 

conviction  of  treason  248. 
Wilful    destruction   of,   or   alteration   of, 

penalty  6358. 

Witness   sball  not  be  rendered  incompe- 
tent on  account  of  religious  belief  233. 
'^Witnesses,  competency  of  5419-5449,  7451- 

7456,  7531. 

Witnesses,    not   to    be    unreasonably    de- 
tained 235. 
Ex  post  facto  laws  not  to  be  passed  (U.   S. 

Const.)  131-137  (Nev.   Const.)  244. 
Ex-soldiers,   collection  of  claims  for  4479- 

4480. 

Examination.     See  Civil  Practice. 
Examination,    preliminary    6970-6998.      See 

Criminal  Practice. 
Examination    to    determine    insanity    2210- 

2212. 

Examiners,  state  board  of,  how  constituted, 
and  powers  of  314,  4455-4481.     See  Board 
of  Examiners. 
Excavations,    failure    to    protect,    liability 

3235-3237. 

Must  be  fenced  3238. 
Underneath  railroads  3565. 
Exceptions,  how  taken,  civil  practice  4847, 

5315-5318.     See  Civil  Practice. 
How  taken,   criminal  practice  7227-7231. 

See  Criminal  Practice. 
Excessive  bail  or  fines  prohibited  235. 
Excessive    tax    levy,    commissioner    voting 

for,  penalty  3828. 
Exchange,  bills  of,  law  pertaining  to.     See 

Negotiable  Instruments  2548-2743. 
Execution.     See    Civil    Practice,    Criminal 

Practice. 
Bank  in  charge  of  examiner  not  subject 

to  671. 

Civil  judgment  5280-5306. 
Criminal  judgment  7264-7282. 
Debtor's  property,  reasonable  amount  to 

be  exempt  243. 

Justice's  court  (civil)  5783-5785,  5805,5808. 
Justice's  court  (criminal)  7506,   7507.  See 
Justice's  Court  and  Justice  of  the  Peace. 
Proceedings  supplementary  to,  civil  judg- 
ment 5307-5314,  5787. 


2421 


INDEX 


False 


Execution — continued. 

Property   exempt    from    5288.     See    Civil 

Practice. 

Stay  of  criminal,  pending  appeal  7294. 
Execution  of  criminal,  authority  7268-7281. 

Death  penalty,  how  inflicted  7281. 
Executor    and    executrix    5884,    5897.     See 
Estates  of  Deceased  Persons,  Civil  Prac- 
tice. 

Executrix,  married  woman  may  be  588G. 
Executive    business,    governor    to    transact 
with  civil  and  military  forces,  and  may 
require  information  299. 
Executive    department,    person    in,    not    to 
exercise  legislative  or  judicial  functions 
258. 

Secretary  of  state  to  keep  record  of  offi- 
cial acts  313. 
Executive  power  of  state,  supreme  vested 

in  governor  294. 
Exemption  from  jury  duty,  who  entitled  to 

3356,  4612,  4932,  4941.     See  Jury. 
Exemptions  from  execution  5288.     See  Civil 

Practice. 
Exemption  of  homestead  from  forced  sale 

288. 

Exemption  of  reasonable  amount  of  prop- 
erty of  debtor  243. 

Exemptions  under  bankruptcy  act  548. 
Exempt  ions   under  revenue  laws  352,   1158, 

1396,  1407,  3621,  3842.     See  Revenue. 
Exhibit   used   in   action,   when   original   or 
certified    copy    may    be    brought    up    on 
appeal  5344. 

Exhibits,  collection,  exhibits  to  mark  3938. 
County   commissioners,   expenses   to   pay 

3939. 

Counties,  may  aid  3937. 
Inspector  of  mines  to  collect  4201. 
Panama-Pacific  Exhibition,  bureau  of  in- 
dustry to  aid  at  4489. 
Permanent,    county    may    maintain,    ex- 
pense limited  3940. 
Tax,  county  empowered  to  levy  for,  limited 

3935,  3936. 

Exhibitions,  dangerous,  unlawful  6590. 
"Exhibitions  between  man  and  man."     See 

Glove  Contests  3881-3889. 
Exhuming  remains  unlawfully  6552,  6553. 
Exit  precautions  in  mines  4220. 
Experiment  farms,  agricultural,  Logan  and 

Pleasant  Valley  465-476. 
Experiment  stations,  federal   aid  to  estab- 
lish 4655. 
Experiment  station,  state  agricultural  456, 

464. 

Explosives,  building,  destruction  of  by,  pen- 
alty 6572,  6573. 
City  may  control  794(67). 
County  commissioners  prohibit  storage  of, 

when  petition  filed,  how  1946-1948. 
Dealer  in,  duty  to  keep  record  of  6574, 

6575. 
Death    caused    by,    when    manslaughter 

1947,  6409,  6560. 

Destruction  of  building  by  6572,  6573. 
Endangering  life  or  property  by,  penalty 

6751. 

Keeping  unlawfully,  penalty  6565. 
Mines,  use  of  in,  regulations  concerning 
4211. 


Explosives — continued. 

Misdemeanor,  county  commissioners,  per- 
mit storage  of  within  city  or  town 
limits,  when  1947. 

Negligent  storage  of,  liability  for  death 
of  employee  5650. 

Order  giving  notice  to  discontinue  storage 
of,  made  how,  when,  by  whom  1946. 

Order  giving  notice  to  discontinue  storage 
of,  published  how  long,  where  1948. 

Penalty,  county  commissioners  allow  stor- 
ngo  of  within  city  or  town  limits  1947. 

Penalty,  corporation,  firm  or  individual 
store,  after  given  notice  1948. 

Railroad  property,  placing  near,  malici- 
ously, penalty  6751. 

Selling  or  delivering  for  transportation 
without  word  "explosive"  in  large  let- 
ters 6566. 

Storage  of,  prohibited  in  town  or  city  lim- 
its, exceptions  877,  1946. 

Towns,  storage  of  in,  to  regulate  877. 

Unlawfully  keeping,  penalty  6565. 

Various  kinds,  stored  where  1946. 

Violation  of  duty  by  dealer  in  6574,  6575. 
Express  companies,  rates  may  be  fixed  by 

railroad  commission  4555,  4560,  4562. 
Express  companies,  taxation  of  3791,  3792. 
Express  malice,  defined  6385. 
Expulsion  of  member  of  legislature  by  two- 
thirds  vote  264. 
Extortion  6821. 

By  offering  to  prevent  publication  of  libel 
6433. 

By  blackmail  6739. 

By  public  officer  6738. 

By  threats  6437-6438. 

Threats  to  induce  6335,  6438,  6639,  6801. 
Extradition  7435-7444. 

Arrest  of  fugitive  7437. 

Bail  of  fugitive  7438,  7439. 

Bankrupt  for  552. 

Commitment  of  fugitive  7437,  7438. 

Discharge,  want  of  prosecution  7442. 

District  attorney,  notice  to  and  duty  7440, 
7441. 

District  court  to  inquire  into  arrest  7443. 

Expenses,  county  commissioners  to  allow 
7444. 

Magistrate  may  issue  warrant  of  arrest 
7436. 

Magistrate,  return  of  7443. 

Of  bankrupt  552. 

Seal,  no  charge  for  7435. 

Secretary  of  state  to  affix  seal  without 
charge  7435. 

U.  S.  constitution,  section  on  161. 
Extreme  cruelty,  ground  for  divorce,  com- 
munity property,  how  effected  by,  divorce 

for  5838. 


Fact  or  facts.     See  Civil  Practice. 

Facts,   courts  not  to  charge  in   respect  to 
327.     See  Civil  Practice. 

Failure  to  provide  wife  with  common  neces- 
saries, ground  for  divorce  5838. 

Failure  to  support  wife  or  child,   penalty 
6481-6483. 

False,  account  or  entry  by  officer  6658. 
Assayers,   record  of  bullion  or  ore  pur- 
chased 2485. 


False 


INDEX 


2422 


False — continued. 

Certificate  by  officer  6375. 
Certificate  of  citizenship,  penalty  2529. 
Certificate  of  registration  of  animals  6746. 
Entry  in  corporate  records  1176,1178,1235. 
Entry  in  public  record  6664. 
Evidence,  knowingly  offering  6357. 
Financial  statements,  publication  of  6720. 
Fire  alarm  6601,  6602. 
Impersonating   of   another,    penalty,    evi- 
dence 6735,  7179. 

Impersonating  of  doctor,  penalty  2373. 
Impersonating  of  officer  4291,  6734. 
Imprisonment,  defined  6440. 
Imprisonment,    limitation    of    action    for 

4967. 
Making   or   issuing  document   purporting 

to  be  that  of  corporation,  state  or  gov- 
ernment 6666. 
Oath,  bank  officers  660. 
Or  forged  instrument,  offering  for  filing, 

register  or  record  6348. 
Or   fraudulent   claim,    auditing,    allowing 

or  paying  6376. 
Or  misleading  statement  by  public  officer 

in  official  report  6349. 
Or  misleading  statement  or  report  to  pub- 
lic officer  6805. 
Permit,  license,  diploma  or  writing,  filing 

for  record  or  conducting  business  under 

6719. 
Personating    officer    or    another,    penalty, 

evidence  2373,  4291,  6734,  6735,  7179. 
Pretenses,  city  power  to  punish  for  794 

(75). 
Pretenses,  credit  or  property  obtained  by 

6696,  6704,  7179. 

Pretenses,  evidence,  sufficiency  7179. 
Pretenses,  indictment  for  7067. 
Pretenses,   obtaining   signature   by,   trial, 

evidence  6705,  7179. 
Pretensions  of  heirship  6370. 
Record  of  bullion  or  ore  purchased  2485. 
Representations  affecting  real  property  of 

another  6706. 
Representation  as  to  property  subject  to 

mortgage  or  lien  6691-6700. 
Statements    to    controller    by    insurance 

company  1328. 
Statements,    designed    to    affect    market 

price  6723. 

Statements,  relative  to  corporations  1174. 
Suit,  bringing  or  instigating  6366. 
Weights  4811.    See  Weights  and  Measures 

4792-4823. 
Family,  desertion  of,  penalty  6446. 

Estate  set  apart  for  support  of  5956-5962, 

See  Estates  of  Deceased  Persons. 
Fan  tan,  gambling  game,  unlawful,  penalty 

6518. 

Fares  and  freights,  maximum  rate,  proviso, 
powers    of    commission    3563,    4555.     See 
Railroads,  Railroad  Commission. 
Farmer,    implements   and   certain   property 

exempt  from  execution  5288. 
Farms,   experiment  465,  476.     See  Agricul- 
ture. 

Faro,  gambling  game,  penalty  for  conduct- 
ing 6518. 

Father,  when  acknowledgment  of  makes 
illegitimate  child  legitimate  from  birth 
5833. 


Father — continued. 

When  consent  of  required  on  adoption  of 

child  5828. 
When  entitled  to  damages  for  death  by 

wrongful  act  5648. 
When  illegitimate  child  deemed  adopted 

by  conduct  of  5833. 
When  may  sue  for  seduction  of  daughter 

4995. 
Federal  currencv  only  to  circulate  as  money 

343. 
Federal   jurisdiction,    civil    process,    service 

of,  on  such  lands  1949. 
Concurrent  jurisdiction  retained  1949. 
Criminal    process,    service    of,    on    such 

lands  1949. 
Government   land  exempt   from   taxation 

1950,  1952. 

Jurisdiction  ceded  to  United  States  1949. 
Plat  to  be  filed  with  governor  1949. 
Plat  to  be  verified  1949. 
State  jurisdiction  ceded  1951. 
Federal  mining  laws  2375-2421.     See  Mines 

and  Mining. 
Federal    office-holder    disqualified    to    hold 

state  office,  when  (Const.)  267,  305. 
Federal  townsites.  actual  settler  entitled  to 

adjoining  lot  1956. 

Actual  settler  entitled  to  preference  1956. 
Additional  entry  may  be  made,  when  1971. 
Adjustment  of  size  of  lots  1959. 
Adverse,  clerk  to  serve  notice  1984. 
Adverse,    conveyance   to    be   made,   when 

1984. 
Adverse,  corporate  authorities  to  certify 

to  district  court  1984. 

Adverse,  district  judge  to  certify  to  dis- 
trict court  1984. 

Adverse,  proceedings  to  be  certified  to  dis- 
trict court  1984. 

Amount  to  be  paid  for  deed  1984. 
Appeal,    allowed  party   aggrieved    in    ad- 
verse proceedings  to  townsite  lots  1985. 
Application    of    proceeds    of    unclaimed 

property  1987. 

Area  for  townsites  limited  1968. 
Bar  not  to  apply  to  minors  or  insane  1983. 
Cause  of  failure  or  disability  of  trustee 

1981. 

Certain  acts  of  trustee  void  19G4. 
Certain  townsites  may  be  withdrawn  and 

disposed  of  by  secretary  of  interior  1977. 
Charges  for  water  rights  1975. 
Claim,  how  made  in  certain  cases  1983. 
Claim  of  married  women  may  be  made  by 

husbands  1983. 
Claim  of  minors  and  insane  to  be  made 

by  guardian  1983. 
Claimant  to  assign  statement  in  writing 

1983. 

Claimants  not  to  be  affected  1989. 
Claimants  to  pay  expenses  of  survey  1967. 
Claimant,  when  debarred  1983. 
Clerk  to  serve  notice  in  case  of  adverse 

1984. 
Contest   suspends    limitation   of   time   for 

conveyance  1987. 

Commissioner  may  require  election  1970. 
Commissioner  may  set  off  site  1970. 
Contests,    time    allowed    for    conveyance 

after  decision  1987. 


2423 


INDEX 


Federal  townsites 


Federal  townsites — continued. 

Corporate  authorities  required  to  convey 
Title  1980. 

< 'onvcyance  of  public  reservation  1974. 

Contents  of  plat  1956. 

Costs  of  surveying,  how  paid  1967. 

County  seat,  townsite  1953. 

Deed,  how  executed  1981. 

Deed  to  be  made  out,  when  1986. 

Deed  to  lot,  execution  of  after  trial  of 
adverse  claim  in  district  court  1984. 

Deeds  to  minors  or  insane,  how  made 
1986. 

Deed,  to  whom  executed  1981. 

Deed,  who  to  issue  1986. 

Disability  nf  trustee,  how  caused  1991. 

Disability  of  trustee,  how  remedied  1991. 

Disposition  of  lots  1956. 

Disposition  of  proceeds  of  unclaimed  lots 
or  lands  1'.»!>:;. 

Disposition  of  unsold  lots   I'.i.'.r.. 

District  j u dire  may  enter  as  trustee  and 
dispose  of  lots  under  legislative  author- 
ity li  M;I.  1982. 

District  judge  required  to  convey  title 
1980. 

Election  of  part  of  lands  in  case  of  ex- 
-ivo  area  1!)7<>. 

Entered  by  corporate  authorities  I'.M'.l. 

Entered  by  judges  as  trustees  l:Mil. 

Entry  tiled,  when,  whore  1962. 

Entry  to  include  what    IIM',2. 

Except  i. ins  as  to  property  to  be  sold  if 
not  paid  for  1987. 

Excessive  area   of   lots    l'.r>9. 

Excessive  area,  election  of  part  of  lands 
1970. 

Exemption   of  lands   lili*. 

Expenses    11>7.">. 

Expenses  of  improvement  of  public  reser- 
vations 1974. 

Expenses  of  suvrey.  how  paid  1990. 

Expenses  of  survey  to  be  paid  by  claim- 
ants 1967. 

Failure  of  trustee,  how  caused,  how  reme- 
died 1991. 

Form  of  deed  1981. 

How  entered  1961. 

If  adverse  claimants  for  lot,  proceedings 
to  be  certified  to  district  judge  1984. 

Improvement  of  public  reservations  1974. 

Irrigation  projects,  lands  for  towns  may 
be  reserved  on  l'.»7l'. 

Lands  for  federal  purposes  exempted 
1966. 

Lands  for  towns  may  be  reserved  on 
reclamation  project  1972. 

Lands  unclaimed,  sale  of  1993. 

Lease  of  water  power,  disposition  of 
moneys  from  1976. 

Limits  of  1963. 

Limitation  of  fees  and  costs  1980. 

Limitation  on  area  of  1968. 

Lots,  cost  of  1986. 

Lots  not  conveyed  within  one  year  to  be 
sold  1987. 

Lots,  sales  of  1955. 

Lots,  surveys  of  1955. 

Lots  unclaimed,  sale  of  1993. 

Married  women  may  apply  for  a  lot,  when 
1983. 


Federal   townsites — continued. 

Mines,  title  to.  cannot  be  acquired  1965. 

Municipal  purposes  have  preference  in 
lease  of  surplus  water  power  1976. 

Minimum  price  of  lots  1956. 

Notice  to  lot  claimants  to  be  given,  how, 
when  1982. 

Patents  for  lots  to  issue  1957. 

Patent,  trustee  to  record  1992. 

Payment  for  water  rights  of  established 
towns  l!)7.~i. 

Plat  to  be  filed  1956. 

Proceeds  1973. 

Proceeds  of  unclaimed  lots  or  land,  dis- 
position of  1993. 

Public  purposes,  lands  may  be  reserved 
for  1972. 

Public  reservations,  improvement  of  1974. 

Publication  of  notice  1989. 

Reclamation  funds  may  be  used  to  defray 
expenses  1973. 

Reclamation  projects,  lands  for  towns 
may  be  reserved  on  1072. 

Record  of  patent,  proof  of  payment  of 
taxes  not  required  1!)!)!'. 

Regulations  as  to  limits  of  lix;.1!. 

Reservations  for  public  purposes,  lands 
may  be  reserved  for  I'.)"!*. 

Restriction  of  size  by  other  entries  1969. 

Sale  of  lots   19.V,,    1!»r»6,    197:i. 

Sale  of  i;nclaimed  lots  or  lands  1IMK5. 

Secretary  of  interior  may  contract  for 
water  rights  1!>7.~». 

Secretary  of  interior  may  have  plat  made, 
when  1'jr»X. 

Secretary  of  interior  may  have  survey 
made,  when  l!>r»S. 

Secretary  of  interior  may  withdraw  and 
disp  se  of  certain  townsites  1977. 

Secretary  of  interior  shall  provide  for 
water  rights  in  established  towns  1975. 

Secretary  of  interior  to  make  surveys  and 
sales  of  lots  1  !>.",.",. 

Size  of  townsites  195:*,,  l!>r><>. 

Si/o.  restriction  of  by  other  entries  1969. 

Statement  of  entry  to  be  filed  1962. 

Surface  rights  on  1978. 

Surplus  power  may  be  leased  by  secre- 
tary of  interior  1976. 

Surveys  and  sales  of  lots  1955. 

Survey  of  townsites.  how  paid  for  1990. 

Time  of  filing  of  plat  1956. 

Title  conveyed  to  whom  1981. 

Title  of  lots,  subject  to  recognized  veins 
1960. 

Title  to  mines  cannot  be  required  1965. 

Town  may  make  additional  entry  1971. 

Townsites  on  mineral  lands  1978. 

Townsites  on  Walker  River  lands  1979. 

Townsites  platted  by  occupants  1956. 

Townsites  reserved  by  president  1954. 

Townsites,  surveys  of,  how  paid  for  1990. 

Trustee,  disability  of,  how  caused,  how 
remedied  1991. 

Trustee,  failure  of,  how  caused,  how  rem- 
edied 1991. 

Trustee  to  record  patent  1991. 

Fiisurveyed  lands,  extension  of  limits  af- 
ter survey  1057. 

Use  of  public  reservations  1974. 

Walker  River  lands,  townsitos  on  1979. 

Water  rights  for  established  towns  1975. 


Federal  townsites 


INDEX 


2424 


Federal  townsites — continued. 

When    proceedings    certified    to    district 

court  1984. 

Feeble-minded  persons  admitted  to  hospital 
for  mental  diseases,  expense  of  2211,  2212. 
Fee.     See  Fees,  Civil  Practice. 
Fees,  act  not  to  apply  to  legislative  officers 

2042. 

Animal,  sale  of  for  charges  5499. 
Appeal    from    district   to   supreme   court, 

deposit  to  cover,  rule  xxvi,  p.  1425. 
Appeal    from   district   court   to    supreme 

court  2032. 

Appeal  from  justice's  court  2031. 
Arbitrators,  employer  and  employee  1935. 
Application  of  act  2043. 
Attorney,  action  for  trespass  of  live  stock 

2336. 
Attorney,  action  for  workman,  change  of 

place  of  employment  on  misrepresenta- 
tion 1938. 
Attorney,  for  admission  of  500,  503,  200*), 

3953. 
Attorney,  governed  by  agreement,  lien  for 

5376. 

Attorney,  prevailing  party  under  employ- 
er's liability  act  1923. 
Attorney,  no  witness  fees  for,  when  2033. 
Attorney,   justice's  court,   recoverable  as 

costs  5814. 

Book  for  officers  to  keep  2020. 
Bureau  of  industry,  may  exact  4490. 
Carey    act   lands,    proceedings    for   3067, 

3070,  3081,  3089,  3094. 
Charged  only  as  provided  by  statute  2019. 
Civil   actions,  attorneys,  when  allowable 

1923,  1938,  2336. 
Civil  actions,  attorneys,  in  justice's  courts 

5814. 

Clerk  of  supreme  court  2006. 
Clerk  of  supreme  court  to  pay  over  money 

2034. 

Commissioners  of  deeds  1004,  2028. 
Compensation    and    fees    of    county    and 

township  officers,  legislature  may  regu- 
late 278. 
Constables,  counties  polling  less  than  800 

votes  1999. 
Constables,  counties  polling  more  than  800 

votes  2011. 

Constable,  mileage  2037. 
Constables,  to  make  monthly  statement  of 

2021. 

Copies,  prepared,  fee  for  2045. 
Coroners  1998,  2010,  7556,  7558. 
Coroners,  mileage  2037. 
Corporations,  articles  filing  with  secretary 

of  state  1203,  1349. 
County  auditors  2002.  2014. 
County  clerks,  counties  polling  less  than 
800  votes  1995. 

Counties  polling  over  800  votes  2007. 

Copies  prepared  2045. 

Corporations,    proceedings    to    remove 
directors  1182. 

Cost  bill,  need  not  be  included  in  5387. 
Election.     See  Elections. 

Guardianship  6196. 

Inspection  of  mine  by  stockholder  2493. 

Marriage  licenses  2341. 

Monthly  statements  of  2021. 


Fees,  county  clerk — continued. 

Naturalization  2526. 

Receipt  for,  to  give  on  demand  2033. 
County    recorders,    counties    polling    less 
than  800  votes  1996. 

Counties  polling  more  than  800  votes 
2008. 

For   recording  certificates   of  proof  of 
labor  2046. 

For  recording  certificates  of  state  engi- 
neer 4689. 

For  recording  liens  2219. 

For  recording  marriage  certificates  2341, 
2345. 

To  make  monthly  statement  of  2021. 
County  surveyors  2017. 

To  make  monthly  statement  of  2021. 
Court  reporter,  when  taxed  as  costs  4913. 
Death   or  birth,   certifying   to   certificate 

2971. 
Delinquent  tax  suit,  publication  and  filing 

notice  3663. 

District  attorney,  opinion,  conviction  6493. 
District    attorney,    tax    suit    1603,    3673, 
3677,  3709. 

Toll  road,  forfeiture  3757. 
District  court  2030. 
District  mining  recorders  2466,  2470. 
Duties  of  clerks  to  give  receipts  and  pay 

over  money  2033. 
Duty  of  district  judge  to  give  in  charge 

to  grand  jury  2022. 
Election  contest  1811. 
Election  contest,  not  to  receive,  when  1815. 
Election  fees  to  be  paid  to  secretary  of 

state    and    county    clerks.     See    index 

"Elections." 

Elisor  entitled  to  same  as  sheriff  5498. 
Estrays,  to  county  recorders  and  justices 

of  the  peace  2282. 

Expenses  of  jurors,  how  paid  2035. 
Fee  book,  officers  to  keep  2020. 
Federal  townsite,  deed  to  lot  1986. 
Fence  viewers  3606. 
Folio,  how  construed  2036. 
For  prepared  copies  2045. 
Foreign  corporations,  filing  articles  1349. 
Garnished,  treasurer  or  disbursing  officer 

may  pay  into  court  2865. 
Garnishee,  may  demand  before  answering 

5174,  5189. 

Guardianship,  county  clerks  6196. 
Illegal,  collection  of,  ground  for  removal 

2852. 

Insurance  companies  1279. 
Interpreters  2016. 

Jurors,    counties    polling    less    than    425 
votes  2001. 

Counties  polling  more  than  425  votes 

2013. 

Justice's  court,  appealed  from  2031. 
Justices  of  the  peace,  counties  polling  less 
than  800  votes  2003. 

Counties  polling  more  than  800  votes 
2015. 

Estray  animals  2282. 
Justices  of  the  peace  to   make  monthly 

statement  of  2021. 
Legislature  may  regulate  fees  of  county 

and  township  officers  278. 
Liens,  recording  2219. 


2425 


INDEX 


Fines 


Fees — continued. 

Marriage,  clerks  and  recorders  2341,  2345. 
Mileage,    sheriff,    constable    or    coroner, 

how  computed  2037. 
Mileage,  where  computed  from  2040. 
Military  commission,  no  charge  3967. 
Mining' district  recorder  2466,  2470. 
Misdemeanor  to  violate  fee  act  2023. 
Naturalization  2526. 

Nomination  papers,  primary  election  1742. 
None  for  oath  of  office  2039. 
No  other  to  be  charged  2019. 
No  witness  fees  for  attorney  2038. 
Not   to    receive   to   own    use   by   certain 

officers  389. 

Notaries  public,  counties  polling  less  than 
800  votes  2004. 

Counties    pulling    more   than   800   votes 

2018. 

oath  of  office,  none  for  2039. 
Officers  and   certain   members  of  legisla- 
ture prohibited  from  receiving  fees  and 

perquisites  389. 
officers  to  keep  books  2020. 
Officers    to   make   monthly    statement    of 

2021. 

Officers  to  post  table  of  2025. 
officers  who  may  demand  1994. 
On  appeal  1«»  supreme  court  2032. 
Pa  Hit  ion  fences,  proceedings  for  erection 

3606. 

Tart  it  i«>n  of  property  5543. 
Payable  in  advance  2027. 
Perquisites  and   fees  certain  officers  pro- 
hibited from  receiving  389. 
Pharmacist,  application  for  license  4499. 
Public    administrators    to    make   monthly 

statement  of  2021. 

Punishment  for  taking  unlawful  2024. 
Railroad,    right    of    wav.    proceedings    to 

obtain  3544. 

Recorders,  counties  polling  less  than  800 
votes  1096. 

Counties  polling  more   than  800  votes 

2008. 

Referees  5382,  5583. 
Repeal  of  former  acts  2044. 
Return,  written,  no  charge  for  2041. 
Secretary  of  state  4260. 

Corporations  filing  articles  1203,  1349. 

Pertaining  to  elections.     See  Elections. 
Sheriffs,  in  counties  polling  less  than  800 
votes  19:j~. 

In  counties  polling  more  than  800  votes 
2009. 

Mileage  2037. 

Pure  food  and  drug  act  3501. 

To  make  monthly  statement  of  2021. 

Veterinarian  act,  court  to  allow  4384. 
State  engineer  4698. 
Stationary  engineer's  license  3903. 
Stockholder  to  inspect  mines  2493. 
Table  of,  officer  to  post,  penalty  2025. 
Taking  unlawful,  punishment  2024. 
Townsite,  deed  to  lot  1986. 
Trademark,  filing  4635. 
Translators  2016. 

Violaton  of  act,  a  misdemeanor  2023. 
What  officers  may  demand  2005. 
When   officers   not   to    charge   on    return 

2041. 


Fees — continued. 

Witnesses  before  public  service  commis- 
sion 4531,  4532. 
Counties    polling    less    than    450    votes 

2000. 
Counties  polling  more  than  450  votes 

2012. 

May  demand  when  served  5431,  5433. 
Fellow-servant,    damages    for    personal    in- 
juries 5649. 
Felony,  definition  of  6266. 

Causing  death,  action  for  damages  5647. 
Conviction  of  by  witness,  may  be  shown 

to  affect  credibility  5420,  5437. 
Conviction  of,  ground  for  divorce  5838. 
Limitation  of  actions  for  6922,  6924. 
Punishment  when  not  fixed  6283. 
When  person   is  convicted  of,  cannot  be 
an  elector  unless  restored  to  civil  rights 
250. 
Felony  cases,  supreme  court  has  appellate 

jurisdiction  319. 
Female,  may  be  attorney  I '.)!>. 

May  be  school  superintendent  or  trustee 

371. 
Name  may  be  changed  in  divorce  action, 

when,  how  5844. 
Not  eligible  to  office,  exceptions  (Const.) 

371. 

Placing  in  house  of  prostitution  6445. 
Slander  of  6434-6436. 
Feminine  gender,  included  in  the  masculine 

5475. 

Fences,  partition,  erection  and  maintenance, 
viewers,  when  appointed,  duties,  powers 
and  fees  :;<;o  i-:;<;os. 
Partition,  proceedings  for  erection  at  joint 

expense  3604-3608. 

Railroad    company    to    execute    bond    for 
building  of,  in  proceedings  under  emi- 
nent domain  r><;i!). 
Railroads  to  maintain  3551. 
Ferries,  eminent  domain  may  be  exercised 

for  5<  ;<»<;. 
Fictitious    checks,    notes    or    other    paper, 

uttering  or  passing  6665. 
Field  notes  and  plat  for  mining  patent  to 

be  posted  on  claim  2383. 
Fighting,    men   or   animals,    prohibition   by 

city  794(75). 
Filing  of  a  paper  construed  to  include  the 

certificate  of  the  same  2036.  • 
Final  decision  deemed  excepted  to  5318. 
Final  judgment,  appeal  from,  of  what  tran- 
script to  consist  5356. 
Finances  of  county,  quarterly  statement  to 

be  published  1515. 
Finances  of  state,  monthly  statement  to  l>e 

published  4456. 

Findings.     See  Civil  Practice. 
Fines.     See  Crimes  and  Punishments,  Civil 

Practice. 

Action  for,  jurisdiction  5714. 
Board  of  pardons  may  remit  307,  7622- 

7633. 
City,    imposed   by    municipal    court    paid 

into  city  treasury  797,  835. 
City  ordinance  violation,  mayor  may  re- 
mit 784. 

Collected    from    penal    laws,    pledged    to 
educational  purposes  355. 


Fines 


INDEX 


2426 


Fines — continued. 

Collection  of  may  be  suspended  by  gov- 
ernor not  exceeding  60  days  except  in 
impeachment  cases  306. 
Excessive,  not  to  be  imposed  235. 
For  contempt  5403,  5679,  5707,  5798. 
Governor  may  suspend  collection  306. 
Imprisonment  for  nonpayment  7257,  7500. 
Municipal  court,  in  city,  may  enforce  798, 

832,  321. 

Paid  into  state  treasury  7463. 
Remitted, maybe  by  board  of  pardons  307. 
School  fund  dedicated  to  355. 
Supreme  court  has  appellate  jurisdiction 

in  action  involving  legality  319. 
Fire,  alarm,  giving  false  6601,  6602. 

Apparatus,  destruction  or  injury  to  6576. 
Combustible    materials,    storage,    regula- 
tion, penalty  1946-1948.     See  Arson,  In- 
cendiarism. 

Failure  to  extinguish  6632. 
Insurance  company,   mutual,   action  may 
be    maintained    by,    against    members 
1296. 

Negligently  setting  or  failing  to  extin- 
guish 6579,  6632. 

Obstructing  extinguishment  6576. 
Precautions,  failure  to  take  905,  906. 
Property  may  be  taken  for  public  use,  and 

compensation  afterwards  made  237. 
Setting  negligent  6632.  6579. 
Fire  insurance  companies  1105,  1106,  1266- 

1309,  1327,  1329.     See  Corporations. 
Fire  insurance  fund  in  state  treasury,  cre- 
ated 4180. 

State  treasurer  to  keep  1360,  4180. 
Firearms,  aiming  or  discharging  6569,  6609. 
Carrying  concealed,  penalty  6568. 
City  may  regulate  carrying  794(76). 
Discharge  of,  prevention  by  city  794(75). 
Officers,  duty  of  to  enforce  law  6570. 
Use  of  by  minor  6610. 
Firemen,    obstructing    or    interfering    with 

6577. 
Firewood,  standard  cord  of,  what  4807.    See 

Weights  and  Measures. 
Fireworks,  discharge  of,  prevention  by  city 

794(75). 

First  degree  murder  defined,  penalty  6386. 
First  meeting,  election  of  directors  or  trus- 
tees of  corporations  1117.     See  Corpora- 
tions. 

Fiscal   agent,  bank  or  corporation  may  be 
for  state,  city,  town  or  other  corporation 
1119. 
Fiscal  year  to  commence  on  first  of  January 

348. 

Fish.     See  Fish  Commissioners. 
Act,  construction  of  2075. 
Assistance,  officers  may  call  for  2070. 
Catch,  limit  of  2065,  2096. 
Catching  otherwise  than  by  hook  and  line, 

penalty  2061. 
Certain  waters,  commissioners  to  protect 

by  extending  closed  season  2056. 
Closed  season  2059. 

Selling  or  possessing  during  2060. 
Violation  of  2058. 

County  commissioners  may  extend  closed 
season  in  certain  streams,  orders  to  be 
published  2056,  2057. 


Fish — continued. 

Eggs  and  fish  may  be  taken  for  scientific 

purposes  2073. 

Exceptions  to.  provisions  of  act  2111. 
Fishways  and  ladders  2049. 
Hatchery,    private,    products    of    may    be 

sold  2077. 

Hotels  and  dealers,   regulations  concern- 
ing 2062. 
Ladders,  destruction  or  interference  2049. 

Failing  to  provide  2048. 

Fishing    within    one    hundred    feet    of 

2049,  2066. 
License,  how  restored,  when  lost  2107. 

Money  derived  from  to  be  used  for  2106. 

Must  exhibit,  when  2108. 

Officers  to  issue  2102. 

Penalty  for  failure  to  procure  or  ex- 
hibit 2101,  2108. 

Price  of  2103. 

Valid  for  one  year  2105. 

Where  to  be  procured  2112. 
Limit  of  catch  2065. 
Night  fishing  defined  and  prohibited  2068, 

2069. 
Officers,    assistance   may   call,    refusal   to 

aid.  penalties,  evidence  2071. 
Private  hatchery  act,  license  for  2079. 

May  be  established  2076. 

Products,  license  for,  dealed  in  2080. 

Sales,  false  invoice  illegal  2083. 
Form  of  invoice  2081. 
Invoice  to  accompany  2081. 
Invoice  to  shipment  2082. 
Penalty  for  violation  2084. 
Proprietors  to  report  same  2083. 

Violation  of,  penalty  2084. 
Private  hatchery,  general  act  not  to  ap- 
ply to  2072. 
Private  ponds,  owner  may  take  from  at 

any  season,  general  act  not  to  apply  to 

2072. 

Repealing  provisions  2074,  2099. 
School    teachers    to    give    instruction    in 

3347.   3348. 
Selling  or  having,  caught  otherwise  than 

by  hook  and  line  2062. 
Size,  regulation  concerning  2063. 
Streams,  obstruction  of.  certain  cases  mis- 
demeanor 2048. 

Obstruction    of,    punishment   for   viola- 
tion 2050. 

Unlawful  to  pollute,  except  2047. 
Transportation  of,  regulations  concerning 

2064. 
Transporting  or  offering  for  sale  outside 

state  2051. 

To  enforce  act,  officers  empowered  2069. 
To  fish  within  one  hundred  feet  of  dam, 

unlawful  2066. 

To  fish  within  one  mile  of  any  govern- 
ment dam,  unlawful  2067. 
To  sell  or  possess,  during  closed  season, 

unlawful  2060. 

Undersized,  catching  or  having  2063. 
United  States  reclamation  dam,  one-mile 

limit  2067. 

Warden,   appointment  of  by  commission- 
ers, bond  and  oath  2052. 

Duties  and  powers  of  2053,  2054. 

Failure  to  aid  on  command  2070. 


2427 


INDEX 


Franchises 


Fish,  warden — continued. 
Removal  of  2054. 
Salary,  how  fixed  and  paid  2055. 
Fish  commissioners,  compensation,  none  4483. 
Expense,  how  paid  4483. 
liovernor  to  appoint,  reports  to  4483. 
Office,  term  of  4483. 

State  iish  hatchery,  appropriation  for  4485. 
Claims,   how  paid  4485. 
Provision  for  4484. 
Flair,  desecration  of,  penalty  6603. 

National,  to  be  provided  for  schools  3352. 
State  3353. 
Flue  dust,   when    eminent  domain  may  be 

used  for  disposition  of  5606. 
Flume  companies,  rates  of  may  be  regulated 

by  legislature  278. 
Flumes,  eminent  domain    may  be  exercised 

for  ->606. 

Folio,  how  construed  for  computing  fees  2036. 
Food,    pure.     See   Pure    Foods    and    Drugs 

3486-3510. 

Calf  must  be  four  weeks  old  2991. 
Certain  animals  not  to  be  exposed  for  sale 

2990-2993. 
Definition  of  34S7. 
Diseased  animals  not  to  be  offered  for  sale 

2989-2993. 
Horse  meat,  sale  of,  when  unlawful  6-V_M. 

6526. 

Offered  for  sale,  what  deemed  2» >«••_'. 
Seized  and  destroyed,  when  35os. 
Forcible  entry  and  unlawful  detainer  674:>. 
Action  for  5586-5606. 

Jurisdiction  321,  4840.     See  Civil  Practice. 
Forcing  woman  to  marry,  penalty  r,||4. 
Foreclosure  of  lien  2227. 
Foreclosure  of  mortgage  or  lien.     See  Civil 

Practice. 
Affidavit  of  payment  of  taxes  to  be  made 

3756. 

Amount  of  property  to  be  sold  55o;i. 
Injury  to    real    property  may  be  enjoined 

5519. 

On  mines,  rights  of  holder  lo'.H. 
Receiver  may  be  appointed,  when  5193. 
Sale  of  land  in  two  or  more  counties  5501. 
Sale,  surplus  money,  how  disposed  of  5502. 
Foreign  building  and  loan  association,  agent 

doing  business  contrary  to  law  1363. 
Unlicensed,   soliciting    business    for    1358. 

See  Corporations. 

Foreign  conviction  or  acquittal,  defense  6279. 
Foreign  corporations.     See  Corporations. 
Action  against  for  doing  business  without 

filing  certificate  1350. 
Costs,  failure  to  give  security  for  dismissal 

of  action  5391. 

Doing  business  without  authority  1350. 
Eminent  domain,  may  exercise  5629. 
Failure  to  file  annual  statement  with  as- 
sessor 1353. 
Failure  to  file  copy  of  charter  with  recorder 

1347. 

General  provisions  concerning  1340-1364. 
Resident  agent  to  appoint  1178,  1304,  5024. 
Foreign  records,  how  admitted  in  evidence 

5411,  5412,  528. 

Foreign    wills,  probate   of   5878,   5879.     See 
Estates  Deceased  Persons. 


Foreigners,  entitled  to  same  rights  as  natives 

246. 

Forests,  act,  object  to  protect  water  supply 
2119. 

Act,  violation  of,  penalty  2120. 

Cutting  unlawfully,  penalty  2114-2116. 

Fact,  issue  of,  as  to  title  to  real  estate  2117. 

Fire,  setting  negligent  in  6579,  6632,  6633. 

Setting  fire  in,  penalty  6633. 

Timber,  cutting,  misdemeanor,  when  2115. 

Timber,  cutting  on  state  land,  penalty  2116. 

Timber  for  domestic  purposes,  may  be  cut, 
when  2117. 

Unlawful  to  cut  or  remove,  when  2114. 

Wood,  from  young  trees,  unlawful  to  sell, 

penalty  2118. 

Forest    res'erves,  application  for  homestead, 
reinstatement  on  3131. 

Established,  regulations,  mineral  land  not 

included  212o. 
Forfeitures,  certain  abolished  627S. 

District  attorney  to  prosecute  action  for  I  V.)s. 

Jurisdiction  of  action  for  5714. 

Limitations  of  action  for  4967. 

May  be  remitted  by  board  of  pardons,  when, 
how  307. 

Public  utility,  action  for,  how  brought 4544. 

Witness  not  liable  to,  for  testifying  before 

public  utility  commission  4r>:5(i. 
Forged  instruments  or  bills,  having  or  receiv- 
ing with  intent  to  utter  or  pass  6682. 
Forgery,  chapter  concerning  6668-6694. 

Conviction  of,  excludes  from  jury,  unless 
restored  to  civil  rights  285. 

Definition  of  terms  <>(i7:5. 

Expert  testimony  on  trial  7175. 

False  certificate  of  acknowledgment  6669. 

Indictment  for  7065. 

Proof  at  trial  7175. 

Signature  of  public  officer  6685. 

Signing  or  indorsing  by  fictitious  or  own 
name,  penalty  66<><s. 

Signing  one's  own  name  with  intent  to  rep- 
resent other  person  of  same  name,  pen- 
alty 6668. 

Trial  for,  expert  testimony  on  7175. 

What  acts  considered  6663-6670. 

Witnesses  and  proof  in  6683,  6684,  7175. 
Former  acquittal,  what  constitutes  7111,  7112. 
Former  jeopardy  6279,  6280,  7111,  7113. 

Order  of  discharge  to  become  witness  7170. 
Forms  in  civil  proceedings.     See  Civil  Prac- 
tice. 

Formula  for  sheep  dip  4596. 
Fornication  defined,  penalty  6458,  6517. 
Foundries,    location     and    control     by    city 

794(54). 

Foundrymen,  liens,  may  obtain,  when  2231. 
Four  may  constitute  jury  by  consent  5204. 
Franchises.     See  Public  Utility  Commission, 
Revenue,  Civil  Practice. 

Acceptances  filed  with  recorder  2139. 

Advertisement  of  application  2131. 

Annual  statement  filed  with  assessor  2136. 

Appliances  to  be  kept  in  order  1262. 

Applicant,  agreement  to  file  with  county 
recorder  2135. 

Application  for,  mode  of  2130. 

Appurtenances  to  be  best  make  1263. 

Certain  acts  repealed,  proviso  2140. 


Franchises 


INDEX 


2428 


Franchises— continued. 

Chinese  not  to  be  employed  3483-3485. 
City  may  grant  794  (30,  36,  84). 
Commissioners  may  grant  1261-1264,  2121- 

2141. 

Construction,  details  of  2137. 
Dissolution  of    corporation  for  nonuser  of 

5670. 

Duration  of  1264,  2130. 
Electric  light,  heat  and  power  1261-1264, 

2129,  2139. 

Eminent  domain  2138,  5606-5629. 
Forfeiture  for  employing  Chinese  or  Mon- 
golians, when  3483-3485. 
Gas  companies,  powers  and  privileges  1265, 

2139. 

Granted,  when  2129. 
Grantee,  statement  to  submit  2136. 
Guarantee,  county  commissioners  to  require 

2134. 

Highways,  streets  and  alleys,  may  use  2129. 
Length  of  1264,  2130,  2140. 
Maximum  charge,  2133,  2140. 
Mongolian  labor  not  to  be  employed  3483- 

3485. 

Objections  to,  how  heard  2132. 
Other  acts  also  govern  2139. 
Percentage  to  pay  to  counties  1261. 
Petition  to  be  filed  2131. 
Petition,  when  granted  2133. 
Profit,  certain  portions  to  go  to  school  fund 

2135. 

Public  service  commission ,  control  over  2140. 
Qualifications  for  exercise  of  (as  amended 

1880)  250. 

Railroad  may  sell  3574. 
Repeal  provisions  2140,  2141. 
Sale  of,  when  1151,  1152,  2121. 
School  funds,  portion  of  profits  to  goto  2135. 
Streets  and  alleys,  may  use  2129. 
Street  railways  2121-2128,  2130,  2139. 
Street   railways,  advertising,  cost   of,  how- 
paid  2127. 

Duration  of  2128. 

Operators  to  keep  street  in  good  repair 
2125. 

Proceeds  from  sale  of,  to  be  used  for  2123. 

Proposals  to  be  advertised  2122. 

Purchasers,  bond  to  furnish  2126. 

When  granted  not  to  interfere  with  2124. 

Who  authorized  to  sell  2121. 
Telegraph  2139. 
Telephone  2139. 
Toll    roads    and   bridges,   forfeiture    3049. 

See  Public  Highways. 
Water  2139. 

Fraternal  societies,  insurance  1324.     See  Cor- 
porations. 
Fraud,  action  for  relief  against,  limitations 

4967.     See  Civil  Practice. 
For  debt   contracted   by  and   in   case   of 

libel  and  slander,  imprisonment  may  be 

imposed  243. 
On  owner,  by  bailee  of  animal,  vehicle  or 

automobile  6707. 
Or  misconduct  in  sale  of  property  of  estates 

6016,  6017.     See    Estates    of    Deceased 

Persons. 
Fraudulent,  acts  concerning  elections.     See 

Elections. 
Bank  transactions,  penalty  648. 


Fraudulent— continued. 

Conveyance  by  decedent  6029-6031.  See 
Estates  of  Deceased  Persons. 

Conveyance,  penalty  for  6695. 

Receiving  knowingly,  penalty  6703. 

Conveyance,  when  void  1064,  1065,  1078. 
Intent,  question  of  fact  1068. 

Issuance  of  corporate  stock,  penalty  6722. 

Schemes  or  devices,  penalties  6463,  6464. 
Fraudulently,  destroying  or  injuring  deeds  or 
other  writings  6671. 

Or  maliciously  executing  or  filing  for  record 
instrument  affecting  title  of  another  to 
real  property  6706. 

Procuring  filing  of  trademark,  stamp  or 
design  6693. 

Selling  real  estate  twice  6727. 
Free  and  Accepted  Masons,  incorporation  of 

1418-1423. 
Free  public  libraries,  established,  how  3227- 

3231.     See  Public  Libraries. 
Free  text-books  3462-3472.  See  Public  Schools. 
Free  transportation  of  certain  freight  allowed, 

of  certain  persons  restricted  3583,  4556. 
Freedom  of  speech  and  press  guaranteed  171, 

238. 
Freight  and  fares,  maximum   rate,  proviso, 

power  of  commission  3563,  4555.     See  Rail- 
roads. 

Freight,  certain  maybe  carried  free  3583,  4556. 
Freight  rates,  may  be  regulated  bv  legislature 

278. 

Freight,  when  common  carrier  may  sell  un- 
claimed property  to  pay  541. 
Friends  or  Quakers,  marriage  ceremony  of 

2353. 
Fruit,   standard    measure,    what   4806.     See 

Weights  and  Measures. 

Fugitives  from  justice,  requisition  and  extra- 
dition, procedure  7435-7444.     See  Criminal 

Practice. 

Full  crew  for  railroads,  defined  3588,  3596. 
Full  faith  and  credit  clause,  Congress  to  pre- 
scribe enforcement  159. 
Fumes,  when  eminent  domain  may  be  used 

for  disposition  of  5606. 
Funds,  when  receiver  may  be  appointed  to 

take  charge  of  5193. 
Funds,  of  county,  assigned    to   payment   of 

claim,  if  not  collected,  action  required  to 

revive  1536. 

Funeral  director.     See  Board  of  Embalmers. 
Funeral  expenses,  preferred    charge    against 

estate  5959. 
Furnishing   board  4468-4475.     See  Board  of 

Examiners. 
Furnishing libelous  information,  penalty  6432. 


Gallon,  unit   of    measure,  capacity   defined 

4798.     See  Weights  and  Measures. 
Gambling,  break  open  doors,  officers  have 
power  to  6521. 

Bunco-steering,  penalty  for  6464. 

Certain  games  prohibited,  penalty  6518. 

Destruction  of  implements,  wrhen  6521. 

Exhibiting  paraphernalia,  penalty  6520. 

Horse  races,  books  or  pools  on,  penalty  6518. 

Immunity  to  witness  6522. 

Implements  of  in  possession,  penalty  for 
~> 


2429 


INDEX 


Governor 


Gambling — continued. 
Magistrate   to   destroy  implements,  when 

Officer,  duty  on  seizing  paraphernalia  6521. 
Percentage  games  deemed  gambling  6518. 
Permitting  games  to  be  carried  on,  penalty 

6519. 

Public  nuisance,  where  carried  on  6561. 
Slot  machines  prohibited  6518,  6521. 
Swindling  by  trick  or  fraudulent  device, 

penalty  6463,  6464. 
Witnesses,  compelled  to  testify,  immunity 

to,  when  (ML'L*. 
Game,  wild,  antelope  and  deer,  open  season 

for,  limit  2093,  2094. 
Beaver,  protected  2100. 
Birds,  insectivorous,  plumage  or  song,  pro- 
tected 2085. 

County   commissioners    may    adopt   ordi- 
nance 2098. 

County  money  appropriated  2110. 
Curlew,  closed  season  for  2089. 
Deer  and  antelope,  open  season  for,  limit 

2093,  2094. 

Ducks,  wild,  closed  season  for  2089. 
Exception  to  provisions  of  act  2111. 
Fish  and  game  warden  to  be  appointed 

2052. 

Goose,  closed  season  for  2089. 
Grouse,  or  mountain  quail,  closed  season 

for  2088. 

License,  county  clerk,  record  of,  to  keep 
2104. 

Failure  to  exhibit,  penalty  2109. 

How  restored,  when  lost  2107. 

Money  derived  from,  how  to  be  used  2106. 

Must  exhibit,  \\hrn  i'i08. 

Must  procure  2101. 

Officers  to  issue  2102. 

Price  of  2103. 

To  exhibit,  failure,  penalty  for  2108. 

Valid  for  one  year  2105. 

Where  to  be  procured  2112. 
Limit  to  number  taken  2092. 
Mountain  quail,  closed  season  for  2088. 
Nests  and  eggs  protected  2091. 
Ordinance,  county  commissioners  to  pass, 

when  2098. 

Penalty  for  violation  of  act  2097. 
Plover*  closed  season  for  2089. 
Possession  of  unlawful,  when  2095. 
Quail,  closed  season  for  2088. 
Repeal  of  provisions  2099. 
Sagecock    or  sagehen,   closed   season    for 

2087. 

Sandhill  crane,  closed  season  for  2089. 
School  teacher  to  give  instruction  in  laws 

relating  to  3348,  3349. 
Shipment  of,  penalty  for  2113. 
Snipe,  closed  season  for  2089. 
Swan,  closed  season  for  2089. 
To  destroy  certain  insectivorous,  plume  or 

song  birds,  unlawful  2085. 
Transporting  or  receiving  2113. 
Valley  quail,  closed  season  for  2090. 
Warden,  duties  of,  removal  of  2054. 
Warden,  powers  of  2053. 

Salary,  how  fixed  and  paid  2055. 
Wild   duck  and  other  game  birds,  closed 

season  for  2089. 
Woodcock,  closed  season  for  2089. 

153 


Garnishment,  civil  action  5169-5191 ,  5194.  See 

Civil  Practice. 
Gas  companies  1265,  2139. 
Gas  companies,   may  condemn  for  right  of 

way  2138.     See  Corporations. 
Gas  lands,  patented  to  assignee  3178. 
Gas  wells,  bounties  for  702-717. 
Gasoline  forbidden  underground,  when  4219. 

See  Explosives,  Combustible  Materials. 
Gates,  failing  to  close,  penalty  6769. 
Gender,    masculine   includes"  feminine    and 

neuter  in  civil  practice  act  5475. 
General  election,  to  be  held  on  Tuesday  next 

after  first  Monday  in  November  373. 
General  manager  of  corporation,  deposition 

may  be  taken  5454. 
Geological  specimens,  exempt  from  execution 

5822-6823, 
Gifts,  directors  orphans'  home  to  accept  and 

control,  exception  4104. 
Gifts,  Nevada  bureau  industry  and  agriculture 

may  accept,  when  4490. 
Giving,  offering  or  promising  compensation 

or  reward  for  office  or  employment  1829, 

2822,6317. 
Giving,  offering  or  promising  compensation 

or  reward  for  permission  to  exercise  func- 
tion   of    office    or   receive    emolument   of 

1829,  2S22.  (5317.     See  Bribery. 
Glove  contests,  admission  fee  allowed  3888. 

Contest  to  be  within  enclosure  3885. 

Contestants,  physicians  to  certify  condition 
of  3884. 

County  auditor  to  prepare  license  3883. 

License,  county  auditor  to  prepare  3883. 
Money   of,  division   between   state   and 

county  3887. 

Sheriff  to  issue,  cost  thereof  3882. 
Who  may  procure  for  :>881. 

Municipal  corporations,  regulation  by  pro- 
hibited 3886. 

Physicians  to  certify  condition  of  contest- 
ants 3884. 

Regulation  by  municipal  corporations  pro- 
hibited 3886. 

Sheriff  to  issue  license,  cost  thereof  3882. 

Violation  of  act,  penalty  3889. 
Goat  included  in  tertn  "  sheep"  4593.    See  Live 
Stock. 

Liability  of  owner  2325-2331. 

Permitting  to  run  at  large  in  cities  or  towns 
prohibited,  when  2330. 

Trespassing,  liability  of  owner  2253,  2258. 
Gold  coin,  judgment  for  damages  to  be  in  5269. 
Gold  dust  and  bullion,  returned  as  money, 

on  execution  5287. 
"Goods, "when  included  in  words  "personal 

property"  and  "property"  5475. 
Goose,  closed  season  for,  what  2089. 
Gopher,  bounty  for  723-727. 
Gospel,  ministers  of,  services  to  hold  at  prison 

7576. 
Gospel,  ministers  of,  chaplains  of  legislature 

4119. 

Government,  county  and  township,  legisla- 
ture to  establish  uniform  283. 
Government  land,  civil   process,  service    on 

1949,  1951.     See  Public  Lands. 
Governor,  adjutant-general,  to  appoint,  when 
(obsolete)  4030. 


Governor 


INDEX 


2430 


Governor— continued. 
Adjutant-general    rank    of    on    governor's 

staff  3993. 
Adjutant-general,  to  be  suspended,  when, 

how  3996. 

Age  qualification  296,  2766. 
Agricultural    society,   state,   directors    of, 

governor  to  appoint  3918,  3922,  3932. 
Appoint,     arbitration     commission,    when 

1929. 

Bank  examiner  665. 
Board,  of  bank  commissioners  664. 
Of  dental  examiners  4428. 
Of  emb aimers  4445. 
Of  fish  commissioners  4482. 
Of  health  4952. 

Of  honorary  visitors,  university  4667. 
Of  medical  examiners  2359. 
Of  pharmacy  4495. 
Of  sheep  commissioners  4587. 
Commissioners  of  deeds  1000. 
Commissioner    of    industry,  agriculture, 

and  irrigation  4487. 
Directors  of  district   agricultural  society 

435. 

Experiment  dry  farm  473,  475. 
State    agricultural    society  3918,  3922, 

3932. 

Director  of  weather  bureau  4408. 
Notaries  public,  unlimited  number  2762. 
Private  secretary  4190. 
State,  auditor  4148. 
Detectives  4299-4303. 
License  and  bullion  tax  agent  4240. 
Police  4273. 
Veterinarian  4376. 
Arbor  day,  by  proclamation,  to  designate 

3349. 

Attorney-general  to  report  to  governor  4132. 
Attorney-general  may  be  directed  by  gov- 
ernor to  bring  and  defend  certain  actions, 
when  4133,  5658. 
Bank  commissioners,  board  of  and  bank 

examiner  appointed  by  661-665. 
Board  of  control  agricultural  experiment 
station  to  report  to,  transmit  to  legisla- 
ture 459. 
Board    of   control,   experiment    farms    to 

appoint  469,  475. 

Bullion  tax  agent,  governor  to  appoint  4240. 
Bureau  of  industry  4489. 
Cadets,  commission  to  issue  4664. 
Chairman  board  of  capitol  commissioners 

4412. 
Chairman  board  of   industry,  agriculture 

and  irrigation,  ex  officio  4486. 
Chairman  ex  officio  state  banking  board  664. 
Clerk,  compensation  4194. 
Clerk,  may  employ  4194. 
Commander-in-chief  298,  3967. 
Commissioner  of  deeds,  to  appoint  1000. 
Commissioner  of  industry,  agriculture  and 

irrigation,  to  appoint  4487. 
Commission   by,  to  be  in   name  of  state 

(Const.)  309.' 

Commission,  justices  supreme  court  2775. 
Commission,  to  sign  2794. 
Commission  university  cadet  officers  4664. 
Constitutional  provisions,  adjourn  legisla- 
ture, may,  when  304. 


Governor— continued . 

Approve  or  disapprove  legislative  bills, 

when,  how  293. 
Commander-in-chief  298. 
Commissions    and    grants  by,  to    be  in 

name  of  state  309. 
Convene  extra  session  of  legislature,  when 

302. 

Elected  howr,  term  of  office  295. 
Election  for,  returns  of,  made  how  297. 
Executive  authority  supreme,  vested  in 

294. 
Failure  to  act  upon  bill,  when  becomes 

law  293. 

Information  in  writing  from  officers  execu- 
tive department,  may  require  299. 
In  time  of  war  with  consent  of  legislature 

may  continue  commander-in-chief  out 

of  state  311. 

Keep  great  seal  of  state  308. 
Keep  office  at  seat  of  government  380. 
Liable  to  impeachment  335. 
Lieutenant-governor  perform  duties  of  in 

certain  contingency  310. 
May  adjourn  legislature  in  case  disagree- 
ment between  two  houses  304. 
May  convene  legislature  by  proclamation 

302. 
May  convoke  legislature  in  joint  session 

for  election  U.  S.  senator  292. 
May  convoke  legislature  in  special  session 

260. 

May  grant  reprieves  for  limited  period  306. 
May  suspend  execution  of  sentence  for 

treason  306. 

Member  of  board  of  examiners  314. 
Member  of  board  of  pardons  307. 
Member-of  board  of  parole  commissioners 

7631. 
Member  board  of  prison  commissioners 

314. 

Messages  and  recommendations  to  legis- 
lature 303. 
Militia,  may  call  out  to    execute    la\vs, 

suppress  insurrection  or  repel  invasion 

364. 

Not  to  hold  office  under  United  States  305. 
Office  holder  under  United  States  not  eligi- 
ble 305. 

Power  to  call  out  militia  364. 
Powrer  to  fill  vacancies  in  office  301,  406. 
Power  to  suspend  collection  of  fines  306. 
President  pro  tern,  of  senate  to   act  as, 

when  310. 

Qualifications  of  296. 
Report  to  legislature  reprievesandpardons 

granted  306. 
Shall  communicate  with  legislature    by 

message  303. 

Shall  keep  great  seal  308. 
Shall  not  receive  fees  and  perquisites  389. 
Shall  sign  grants,  commissions  309,  404. 
Shall  see  laws  are  faithfully  executed  300. 
Shall    transact  executive   business  with 

officers  of  government  299. 
Sign  all  laws  293. 
Supreme  power  of  state  vested  in  as  chief 

magistrate  294. 

Tie  in  election  for,  legislature  to  elect  297. 
Votes  to  elect,  plurality  of  297. 
Who  eligible  to  office  of  296. 


2431 


INDEX 


Governor 


(  TI  ivernor — continued. 

Contagious  diseases  among  stock,  power 
to  employ  veterinary  2270. 

Contracts  with  other  states  for  care  of  de- 
linquents 756. 

Controller  of  state  to  report  to,  when  2929. 
4156. 

County  jail,  may  order  prisoner  removed 
from,  when  7»>12. 

County,  may  declare  in  state  of  insurrec- 
tion'2S42-2843. 

Court,  may  direct  to  be  held  in  different 
district,  when  4844. 

Declare  county  in  state  of  insurrection  2842. 

Dental  examiners,  to  appoint  442S. 

Dental  examiners  to  report  to  4  J42. 

Detectives,  state,  to  appoint  42W-4303. 

Domestic  violence,  legislature  or  governor 
may  call  on  federal  government  for  aid  165. 

Drill, 'annual,  to  callout  for  4022. 

Duties  devolve  on  lieutenant-governor,  \\lu 'ii 
310-311. 

Klertion  of  295-296,  27iM.  27:5::,  2771. 

Election,  duties  pertaining  to.  See  index 
to  "  Election." 

Eligibility  to  office  2<>ii. 

Embalmers,  board  of,  to  appoint  444">. 

Encampment,  to  order,  when  40:>,<i. 

Epidemic  or  contagious  diseases  among  live 
stock,  powers  to  employ  veterinary  2270. 

Experiment  dry  farm,  directors  of,  to  ap- 
point 473,  17-'). 

Fees  collected  by  private  secretary  not  to 
be  paid  until  statement  filed  4191. 

Fees  received  in  office  of,  to  go  into  library 
fund  4191. 

Fees  received  in  office,  of,  paid  to  treas- 
urer 4191. 

Fish  commissioners,  board  of,  to  appoint 
1482. 

Foreign  corporation,  may  direct  action 
against  for  failure  to  file  certificate  1350. 

Health  board,  members  of,  to  appoint  4952. 

Honorary  visitors,  university,  to  appoint 
4607. 

Impeachment,  liable  to  334,  335. 

Inform  attorney-general  and  district  attor- 
ney of  violation  of  law  by  foreign  corpo- 
rations 1350. 

Insurrection,  may  declare  county  in  2842- 
2843,  304. 

Insurrection,  may  call  out  militia  to  sup- 
press 364, 165. 

Invasion,  to  suppress  364,  165. 

Justice  supreme  court,  governor  to  com- 
mission 2775, 

Legislature,  may  be  adjourned  by,  \vhen304. 
Special  session,  to   call  260.     See   Elec- 
tions. 

To  notify  of  appointments  2811. 
To  report  to  303,  1588,  459. 
Vacancy  in,   presiding  officer  to   notify 

2800. 

Vacancy  in,  to  issue  writ  of  election  2797, 
2798. 

Librarian,  bond  of,  to  approve  3958. 

License  and  bullion  tax  agent,  to  appoint 
4240. 

Lieutenant-governor,  powers  devolve  on, 
when  (Const.  310,  311)  2807,  4250. 


Governor — continued. 
Live  stock,  diseases  among,  power  to  employ 

veterinary  2270. 

May  apply  to  federal  government  to  sup- 
press domestic  violence  165. 
May  appoint  bank  examiner  665. 
May  appoint  state  hanking  board  664. 
May  declare  county  in  state  of  insurrection 

2842. 
May  direct  attorney-general  to  bring  and 

defend  certain  actions  4133. 
May  employ  clerk,  compensation  4194. 
Medical  examiners,  board  of,  to    appoint 

2359. 

Member  board,  of  bank  commissioners  664, 
i  ;<;.->. 

Of  capitol  commissioners  4411. 

Of  commissioners  care  of  insane  2198. 

Of  education  3239,  3240. 

Of  examiners  31  1,  4466-4475, 

Of   industry,    agriculture  and  irrigation 
4486. 

Of  pardons  and  parole  307,  7622-7633. 

Of  prison  commissioners  314,7560,7562. 

Of  revenue  380!),  :;s2s. 

To  appoint  railroad  commissioners  4549. 

To  approve  probate  officer  733. 

State  board  of  education  32:)>(.>. 

State  board  of  irrigation  4706. 

State  text-book  commission  3398. 
Message  and  reports  to  the  legislature,  to 

transmit  303,  1588. 
Message,   copy   to   be   furnished    to  state 

printer,  wlien  4306. 
Military  force    may  order  out,  when  364, 

2835-2840,  3982,  4058. 
Military  force  may  order  to  enforce  process 

of  court  2s:;:>. 

Militia  encampment  to  order  4036. 
Notaries  public  to  appoint  2762.     , 
Oath  of,  before  whom  taken  2789. 
Office  at  capitol  2774. 
Officer  impeached,  vacancy  to  fill  6891. 
Officer  removed  for  malfeasance,  successor 

may  appoint  2853. 

Official  commissions,  to  sign  2793,  2794. 
Official  reports,  when  must  be  presented  to 

4305,  4315, 4316. 

Pharmacy,  board  of,  to  appoint  4495. 
Plats  U.  S.  land,  to  be  filed  with  governor 

by  U.  S.  officer  1949. 
Powers    devolve    on    lieutenant-governor, 

when  2807. 

Preside  over  state  board  of  county  assess- 
ors 3798,  et  seq. 

President  of  state  board  of  education  3240. 
President  of  state  board  of  prison  commis- 
sioners 7562. 

President  of  text-book  commission  3399. 
President  pro  tern,  senate,  when  acting  gov- 
ernor 2808. 
Prisoner  in  county  jail,  may  order  removal 

of,  when  7612. 
Private    secretary,    compensation,    duties, 

term  of  office,  4190,  4192,  4392. 
Private  secretary  to  be  secretary  board  of 

parole  commissioners  7634. 
Private  secretary  to  be  secretary  board  of 

pardons  7623. 
Police,   state,   expenses,  transportation  to 

order  4287. 


Governor 


INDEX 


2432 


Governor— continued . 
Police,  state,  to  appoint  4272-4273. 
Police,  state,  to  investigate  4281. 
Probation     officer    appointed    by    district 

judge,  to  act  on  733. 
Proclamation  of  774. 

Proclamation  of  insurrection  774,  2842-2843. 

Quo     warranto,    action     in,    may     direct 

attorney-general  or  district  attorney  to 

bring  1814,  5658. 

Railway    commission     to     make     annual 

report  to  4580. 

Railway  commission,  member  of  4549. 
Regents    file    annual    reports   and  register 

with  2929,  4641,  4658. 
Regents,  vacancy  in,  filled  how  4640. 
Reports  to  be  made  to,  by  attorney-general 

4132. 

Board  of  dental  examiners  4442. 
Of  embalmers  4452. 
Of  fish  commissioners  4483. 
Of  health  2955. 

Of  honorary  visitors  university  4668. 
Of  pharmacy  4495. 
Of  sheep  commissioners  4588. 
Commissioner   of    industry,    agriculture 

and  irrigation  4486. 
Controller  1329,  4156. 
Inspector  of  mines  4208. 
Mineral  land  commissioner  4144. 
Mining  inspector  4208. 
Official  sealer  4820. 
Public  service  commissioner  4523. 
Railroad  commission  4580,  4523. 
Regents  of  university  4641,  4658. 
Secretary  of  state  4255. 
State  veterinarian  4385. 
Superintendent  of  public  instruction  3244. 
Superintendent  of  state  printing  4330. 
Surveyor-general  4351. 
Treasurer  4364. 
Reports  of  officers  and  boards,  drafts  of, 

when  to  be  sent  to  2929. 
Reports,  to  submit  to  board  of  examiners 


Resignations  made  to  2798. 
Resignations  made  to,  what  2798. 
Resignations  to  file  in  office  of  secretary  of 

state  2795. 

Rewards  may  offer,  when  1831,  2831,  3905. 
Salary  of  4394. 
Secretary    district  agricultural  society,  to 

report  to  439. 
Secretary  of  state,  bond  to  approve  4251- 

4252. 
Secretary  of  state,  duties  relative  to  official 

acts  of,  information  to  furnish  4225,  2929, 

4262,  4268,  1350. 

Secretary  to,  act  as  clerk  of  certain  boards 
and  commissions  4192,  4412. 

Act  as  clerk  of  state  board  of  assessors 
3798. 

Certain  duties  to  perform,  no  additional 
compensation  4392. 

Not  to  receive  extra  compensation  4192. 

Salary,  how  paid  4192,  4193. 
Seal,  great,  to  be  kept  by  308,  4402. 
Senate  of   United  States,  vacancies  to  fill 

temporarily  94. 
Sheep  commissioners,  board  of,  to  appoint 

4587. 


Governor— continued. 

Staff  of,  how  constituted  4004. 

State  agricultural  society,  to  appoint  board 

of  agriculture  3922. 

State  board  of  agriculture,  to  appoint  ad- 
ditional members  3932. 
Stat11  officers'  reports  made  to,  when  4351. 
State  police,  to  investigate  charges  against 

4281. 

Surveyor-general  to  report  to,  when  4351. 
Tax  rate,  state,  board  of  state  revenue  to 

fix  3803. 

Term  of  office  2774  (Const.)  295. 
Text-book  commission,  to  appoint  3398. 
Tie  vote  in  meeting  state  board  of  assessors, 

to  decide  3798. 

Treasurer,  state,  to  report  to,  when  4364. 
University,  annual  report  of  made  by  regents 

to  4641,  4658. 
University  cadet  officers  commissioned  by 

4664. 

Vacancies,  county  commissioners,  filled  by 
1501,  2805. 

District  judge,  vacancy  in  to  fill,  when  2812. 

Existence  and  cause  certified  to  2803. 

House  of  representatives,  writ  of  election 
to  fill  91. 

Regents  university,  to  fill  4640. 

State  text-book  commission,  to  fill  3398. 

Supreme    court    vacancies    filled,  when 
2812,  4831. 

To  fill,  when  2802,  2804-2805,  2810,  2812. 

To  fill  by  appointment,  when,  term  2812. 

U.  S.  senator  94. 

Vacancy  in  certain  offices,  when  may  de- 
clare 2802. 

Veterinarian,  state,  to  appoint  4376,  4377. 
Veterinarian  to  report  to  4385. 
Veterinary,  when  to  employ  2270. 
Visitors, honorary  board  of,  to  appoint  4667. 
Weather   bureau,  director   of,  to  appoint 

4408. 
With  superintendent  of  public  instruction 

may  contract   for   care  of    delinquents, 

when  756. 

Writ  of  election  to  fill  vacancy  in  legisla- 
ture, when  and  how  to  issue  2797,  2798 

(U.  S.  Const.)  91. 

Grafting,  by  agent  or  employee,  penalty  6786. 
Grafting,  defined,  penalty  6330. 
Grand  Army  of  Republic,  unlawful  to  wear 

badge  of,  when  2505,  2507,  6715-6716. 
Grand  jury,  accounts  of  officers,  may  examine 

2858. 
Accounts  of  officers,  reports  to  concerning 

2857. 

Acting  after  challenge  allowed, penalty  6369. 
Action  of  juror  not  subject   to  question, 

exception  7033. 

Additional  selections,  when  4931. 
Age  exemption  4941. 

Attorney-general,  may  appear  before  4137. 
Challenge,  acting  after  allowed, penalty  6369. 

Decision,  entry  7007. 

How  made  and  tried  7006. 

Only  mode  of  objection  7010. 

Panel  or  individual,  effect  of  allowance 
7008,  7009. 

To  individual  juror,  grounds  7005. 

To  panel,  grounds  7004. 

To  panel  or  juror,  who  may  make 


2433 


INDEX 


Guardians 


Grand  jury— continued. 
Charge  by  court  7014. 
Clerk  to  assist  in  selection,  when  4931. 
Clerk  to  issue  venire  4931. 
Court  to  advise  7030. 
Defendant,  evidence  for,  not  bound  to  hear 

7025. 

Deliberations,  where  7015. 
Discharge  of  7015. 

Disclosing  transactions  of  6374,  7031. 
District  attorney  to  advise  7030. 
District  judge  to  instruct  on  certain  sub- 
jects 2022,  4924-4925,  7014. 
Drawing  of  4930-4939. 

Drunkenness  in  office,  court  to  charge  con- 
cerning 286f. 

Embracery,  penalty  for  6323. 
Kvidence  for  defendant  not  bound  to  hear 

7025. 

Evidence,  receivable  7024. 
Evidence,  sufficient  for  indictment  7026. 
Exemption  from  duty  on,  who  entitled  to 

:;:;:><»,  4612.  1932,4941. 
Failure  of  juror  to  attend,  penalty  4934. 
Fee  act,  judge  to  instruct  on  2022. 
Foreman,  appointment  7011. 
Foreman,  oath  of  7012. 
Formation  4931,  4940,  7002. 
How  selected  4931,  494(>. 
Indictment,  defined  7022. 

Evidence  to  warrant  7026. 

Felonv  cases  required  for  237. 

How  indorsed  7042. 

Ignored,  return  7043. 

Twelve  must  concur  7042,  7043. 
Indict  officers  neglecting  to  order  accounts 

examined  2858. 
Jails,  may  enter  7029. 
Judge  or  clerk  and  commissioners,  to  select 

4931. 

Juror  acting  after  challenge  allowed,  pen- 
alty 6369. 

Having  knowledge,  duty  7027. 

Perjury  by  7033. 

When  required  to  disclose  testimony  7032. 
Mileage  and  per  diem  2001,  2013,  4935. 
Number  of  4931. 
Oath  of  7012,  7013. 
Penalty  for  nonattendance  4934. 
Per  diem  and  mileage  2001,  2013,  4935. 
Perjury  before,  evidence  of  juror  7032. 
Perjury  by  member  of  7033. 
Presentment,  defined  7021. 

Twelve  must  concur  7034. 
Proceedings  against  corporation  7408. 
Proceedings  secret,  exception  6374,  7031, 

7032,  7036. 

Powers  and  duty  7020,  7028,  7030. 
Records,  may  examine  7029. 
Reexamination  after  discharge  7092,  7093. 
Resubmission  after  demurrer  7101,  7103. 
Selected,  how  4931,  4940. 
Sheriff  to  summon  4931,  7017,  7018. 
Special,  how  formed  7019. 

Order  for  7016,  7017. 

Sheriff  to  summon  7017,  7018. 
Special  or  local  act  in  relation  to,  invalid 

278. 

Venire,  clerk  to  issue  to  sheriff  4931. 
Who  allowed  before  7030. 
Witness,  oath  to  7023. 


Grand  larceny,  animal  stealing,  taking,  carry- 
ing, leading,  driving  or  enticing  away  6640. 
Trial,  evidence  7172. 

Assault  with  intent  to  commit  6413. 

By  lodger  664(5. 

Defined  6638,  6640. 

Indictment  for  7068. 

Jurisdiction  of  offense  6917. 

Killing  animal  of  another  running  at  large 
6640. 

Marking  or  branding  or  altering  or  defacing 
mark  or  brand  of  animal  of  another  with 
intent  to  steal  or  defraud  6640. 

Property  stolen,  restored  or  disposed  of, 
how  6650,  6651,  7428,  7445-7450. 

Purchasing  or  selling  carcass  or  hide  of 
animal,  brand  or  mark,  cut  out  or  obliter- 
ated 6640. 

Realty,  conversion  into  personalty  6643. 
Grand  lodge,  Ancient  Order  Hibernians  1410- 
1415. 

Free  and  Accepted  Masons  1418-1423. 

Independent  Order  Odd  Fellows  1418-1423. 

Knights  of  Pythias  1415-1417. 

Royal  Arch  Masons  1424. 
"Grant,  bargain  and  sale,"  import  of  1063. 

See  Conveyances. 
Grants  of  state  land,  signed  by  governor  and 

secretary  of  state,  and  under  great  seal  309. 
Grazing  on  public  lands  in  possession,  action 

for  5849. 
Grazing  sheep  on  lands  of  another  or  near 

ranch  house,  damages  2319. 
Great  seal  of  the  State  of  Nevada  308,  4402- 

4404.     See  State  Seal. 
Gross  misdemeanor,  defined  6266. 

Punishment,  when  not  fixed  6284. 
Grounds  of  challenge  to  jury  for  cause  285, 

5206. 
Grubstake,  contracts  for  location  of   mines 

2475. 

Guardian  ad  litem.  See  Guardians,  Civil  Prac- 
tice. 
Guardians,  ad  litem,  appointment  4992,  4993, 

5726,  6161.     See  D.  C.  rules  xxix-xxxi,  p. 

1430. 
Guardians.    See  Civil  Practice,  Court  Rules ; 

general  act,  schedule  of  sections  6149. 
Guardians  for  insane  or  incompetents,  action 
by  or  against,  to  appear  by  4992,  4993. 

Appointed,  when,  bond  of  2200,  2201. 

Bond  of  6164. 

Bond  to  secretary  of  state  for  expenses 
2201. 

Partition  of  property  5572. 

Petition  for  letters,  procedure  6162. 

Powers,  qualifications  6164. 
Guardians  for  minors,  action  by  or  against, 
appearance  by  4992,  4993,  4996,  4997. 

Action  for  seduction  of  female  ward  4995. 
4996. 

Action  to  be  commenced  on  guardian's 
bond  within  three  years  6185. 

Action  to  recover  estate  of  sold  by,  limi- 
tation 4963. 

Appointment  for  6149. 

Appointment,  order  of  6151. 

Apprentices,  liability  for  492,  497. 

Bond,  additional,  neglect  to  give  6157,  6159. 

Bond  of,  conditions,  sureties  6155-6158. 


Guardians 


INDEX 


2434 


Guardians  for  minors — continued. 

Consenting  to  employment  of  ward  under 
fourteen  6824. 

Custody  may  be  taken  from,  when  734. 

Death  by  wrongful  act  or  injury,  action 
for  may  bring,  when  4996.  4997. 

Deed  to  townsite  lot  made  to  1986. 

District  court,  power  to  appoint  4849. 

Divorce,  judgment  of,   how  affects  ward 
5841. 

Education  and  maintenance  6160. 

Estate  of,  application  to  6160. 

Female,  permitting  in  house  of  prostitu- 
tion 6445. 

Judge  to  approve  6152. 

Juvenile  court  law,   provisions  734,   735, 
738,  739,  740,  751,  752. 

Lawful  age  6154. 

Letters,  revocation  of  6158,  6159. 

Limitation   of  action   for   estate  sold   bv 
4963. 

Minor  may  nominate  6151,  6152. 

Named  in  will  6150,  6161. 

Next  friend,  sue  or  defend  for  6161. 

Notice  of  petition  6150. 

Order  appointing  ui51. 

Orphans  4096. 

Parent  entitled  to  be  6153. 

Pendente  lite  6161. 

Petition  for  letters  6150. 

Powers  and  duties  of  6154. 

Railroads,  conveyance  to  by  3534. 

Removal,  procedure  6159. 

Seduction  of,  may  bring  action  for  4995. 

Summons,  service  on  5023. 

Superintendent  of  institution  for  care  of 
may  be  735. 

Suspension,    pending   hearing   of   charges 
6159. 

Ward    under    14,    employment    unlawful, 
when  6824. 

Will,  named  in  6150. 

Guardian  for  minors,  nonresident,  applica- 
tion for  letters  6_i87. 

Bond  and  qualifications  6187,  6189. 

Duties  and  powers  6188.  6189. 

Estate,  removal  of  out  of  state,  proceed- 
ings (5198-6201. 

First  granted,  exclusive  powers  6190. 

Jurisdiction  6190. 

Letters,  application  for  6187. 

Local  guardian,  executor  or  administrator 
discharged  620i. 

Nonresident  guardian   may  be  appointed 
6187. 

Powers  and  duties  6188,  6189. 

Qualifications  6189. 

Record  of   foreign   proceedings,   evidence 
6187. 

Removal  of  propertv  out  of  state,  proceed- 
ings 6198-6201. 

Guardians,  general  provisions,  accounts,  how 
rendered  6168. 

Accounts,  settlement  or  compounding  6167. 

Accounts,  when  may  be  required  4949. 

Action  against  sureties,  limitation  6185. 

Action  for  partition  5561-5573,  6166. 

Action  on  bond  6184. 

Account,  joint  guardians  6194. 

Ad  litem,  how  appointed  4993,  5726,  D.  C. 
rules  xxix-xxxi,  p.  1430. 


Guardians,  general  provisions — continued. 
Allegation   of  as   legal   conclusion,    when 

sufficient  5078. 
Appointment    and   duties,    juvenile   court 

law  739,  740,  751. 
Appointment,    district    judge    may    make 

4849. 

Appointment  of  successor  6181. 
Assessed  for  estate  3929. 
Bond,  action  on  within  three  years  6185. 
Bond,  additional  required  on  sale  6179. 
Bond,  form  and  filing  6184. 
Bond,  liability  on  6184. 
Bond  of  joint  guardian  6193. 
Bond,  new  required  6183. 
Conversion  or  concealing  estate  6186. 
Compensation  6191. 
Costs,  sale  proceedings  6177. 
Credit  on  sales  of  realty  6195. 
Debts,  payment  of  6165. 
Discharge  of  6182. 
Discharge  of  sureties  6183. 
District  court,  accounts  may  require  4S49. 
District  court,  power  in  vacation  4850. 
Estate,  conversion  or  concealing  6186. 
Estate,  investment  of  6170-6172.  6180. 
Expenses  6191. 
Fees  of  clerk  6196. 

Fraud,  proceedings  on,  charge  of  6186. 
Income,  application  of  <>i<><5. 
Income,   insufficient,  sale  6169. 
Injury  of  ward,   may   bring   action  4095. 

499(1 

Inventory  of  estate  6168. 
Investment  of  estate,  notice,  hearing  and 

order  6180. 
Irrigation   district   may   sign   petition   to 

annex  land  to  4772. 
Joint,  account  of  6194. 
Joint,  bond  of  6193. 
Joint  guardianship  6192-6194. 
Justice's   court,    general    may   appear    in. 

may  appoint  ad  litem,  when  572»;. 
Legal  proceedings  6167. 
Limitations,  action  against  sureties  6185. 
Management  of  estate  61(56. 
Mortgage  of  property  6165. 
New  bond  required  6183. 
Notice  of  petition  to  sell  estate  617.°..  6178. 

7174. 
Objections  to  sale  of  estate,  hearing  on 

6175. 

Order  for  investment  6180. 
Order  of  sale  of  estate  6178. 
Partition,  may  consent  to  5573. 
Partition,   not   to   be   interested   in   5561. 
Partition  of  property  6166. 
Partition,  sale,  security  may  be  taken  on 

5555. 

Partition,  to  receive  share  of  insane  per- 
son 5572. 

Payment  of  debts  6165. 
Petition  for  order  of  sale  6173. 
Procedure  for  sale  of  estate  6173-6178. 
Proceeds  of  sale,  application  of  6170-6172. 
Railroads,  conveyance  to  3534. 
Removal  of  6181. 
Resignation  of  6181. 
Sale  for  investment  6170. 
Sale  of  estate,  procedure  for  6173-6178. 
Sale  on  partition,  security  may  take  5555. 


2435 


INDEX 


Habeas  corpus 


Guardians,  general  provisions — continued. 

Sale  of  property  6165,  6166,  6169. 

Sales  of  realty,  credit  6195. 

Sale,  proceeds,  application  of  6171,  6172. 

Successor  to,  appointment  6181. 

Sureties,  discharge  of  6183. 

Townsite  lot,  application  for  deed  made 
to  1983,  1986. 

Two  or  more  appointed  6192. 

Ward  may  be  removed  from  custody  of 
T.'U. 

Waste  may  be  sued  for,  treble  damages 
5505. 

Will,  guardian  named  in  6150,  61C.1. 
Guardians,  schedule  of  sections  6149. 
Guardians,  special,  may  be  appointed  by  dis- 
trict judge  in  vacation  4850. 
Guideboards,  district  judge  to  give  law  on 
to  grand  juries  4'. >:_'.'». 

(Mi  hiirhw.M.vs.to  erect,  defacing  or  destroy- 
ing, punished  3026-3028.  See  Public 
I  \  iglnvnys. 

H 

HABEAS  CORPUS 

Accessory  to  avoidance  of  writ,  penalty  6264. 
Application  for.  what  to  state  6HH7. 
Arrest  of  party  restrained,  when  6255-6259. 
Anvst  of  person  restraining,  when  fJ'J.'U.  6256- 

6250. 

Aitarlnm -lit  upon  refusal  to  obey  6234. 
Avoidance  of  writ,  misdemeanor  6263-6265. 
Bail  excessive,  civil  arrest  511-'.. 
Hail,  may  release  on  6247-6249. 
Hail,  on  examination  6248,  7323. 
P.ody  to  !>«•  produced,  exception  6236-6238. 
Char-.-  nut    l>a liable,  release,  when  7323. 
( 'lerks  of  courts   to  issue  writs,   warrants  or 

process  6261. 

Clerk  to  serve  writ,  when  6231. 
Command  of  writ  6230. 
Commitment  to  jail  on  refusal  to  make  return 

6234. 
Concealment  of  place  of  confinement,  penalty 

6263-620.'. 

Custody,  change  of  may  order  6251. 
Custody,  may  remand  to  6250,  6252. 
Custody,  pending  hearing  6252. 
Defects  of  form  of  warrant  or  commitment  not 

ground  of  discharge  6246. 
Defect  of  form  of  writ  immaterial  6253. 
Delay  not  permitted  6229,  6231,  6232,  6239. 
Directed  to  whom  6230. 
Discharge,  grounds  for  6245,  6259. 
Discharge,  when  ordered  6243,  6259. 
Disobedience  to  writ,  misdemeanor  6263-6265. 
District  court  or  judges  may  issue  321,  4840, 

6228. 

Elisor  may  be  appointed  to  serve  6234. 
Examination  on  charge  6247. 
Excessive  bail,  civil  arrest  5113. 
Exchange    of    place    of    confinement,    penalty 

6263-6265. 
Exemption    from    detention    on    same    charge, 

exceptions  6254. 

Forthwith  return  of  writs,  warrants  and  pro- 
cess 6261. 

Grounds  for  discharge  6245,  6259. 
Guarantee  of  writ  (U.  S.  Const.)  130,  (State 

Const.)  234. 


Immediate  hearing  on  return  6239. 
Invasion  on  rebellion,  suspension  130,  234. 
Issued,  when  may  be  319,  4834. 
Judge  of  district  court  may  issue  321,  4840, 

6228. 

Judge  refusing  writ,  penalty  6262. 
Judicial  power  U.  S.  courts  119,  159. 
Jurisdiction  state  courts  and  judges  319,  321, 

4834,  4840,  6228. 
Justices  supreme  court  may  issue  319,  4834, 

6228. 

Murder,  charge  of.  release  on,  when  7323. 
Xonjudicial  day,  writ  may  issue  on  6260. 
Penalty  for  refusing  to  grant  or  obey  writ 

6262. 
Penalties    for    violation    or    provisions    of    act 

6262-6265. 

Petition  for.  what  to  state  6227. 
Power  of  judge  on  hearing  6242. 
Process,  clerk  to  issue  6261. 
Rebellion  or  invasion,  suspension  130,  234. 
Refusal  of  writ,  penalty  6262. 
Refusal  to  obey,  attachment  to  issue  6234. 
Remanded.  when  6244,  (5251). 
Removal  from  jurisdiction,  misdemeanor  6263- 

0266. 
Return  forthwith  of  writs,  warrants  and  pro- 


Return,  immediate  hearing  on  6239. 

Return,  traverse  of  6240. 

Return,  when  to  be  verified  6235. 

Return,  on  writ,  what  to  state  in  6235,  6237. 

Sa  ......  -ha  rue.    subsequent   detention    on    when 

allowable  6254. 
Service,  how  made  6233. 
Service  of  writ  6231-6234. 
Sheriff  or  deputy  to  serve  when  6232. 
Sickness  of  party  detained  6236-6238. 
Subpenas,  clerk  to  issue  6261. 
Summary  proceeding  6241. 
Sunday    or    nonjudicial    day,    writ   may    issue 

on  6260. 
Supreme  court  or  justices  may  issue  319,  4834, 

6228. 
Suspension  of,  when  permitted  (U.  S.  Const.) 

130,  (State  Const.)  234. 
Testimony,  preliminary,  may  be  used  on,  when 

6977. 

Time,  when  may  issue  6228. 
To  whom  directed  6230,  6255. 
Transfer  of  custody  to  another,  misdemeanor 

6263-6265. 

Traverse  of  return  6240. 
TJ.  S.  courts  powers  119,  159. 
Warrant  of  arrest,  execution  of  6257. 
Warrant  of  arrest,  when  may  issue  6255-6259. 
Warrants,  clerk  to  issue  6261. 
When  may  issue  6228,  6260. 
Who  may  prosecute  6226. 
Witnesses,  attendance  compelled  6242,  6247. 
Writs,  clerk  to  issue  6261. 
Writ  guaranteed    (TJ.   S.   Const.)   130,    (State 

Const.)  234. 

Writ,  service  of  6231-6234. 
Writ,  what  to  command  6230. 
Writs,  supreme  court  may  issue,  to  all  parts 

of  state  4834. 


Habitual  criminals 


INDEX 


2436 


Habitual  criminals  defined  6292. 

Operation  to  prevent  procreation  6293. 
Habitual    drunkard,    when  consent  not  re- 
quired on  adoption  of  child  5828. 
Habitual  gross  drunkenness,    when    ground 

for  divorce  5838. 
Hatpin,  wearing  dangerous,  forbidden  6829, 

6830. 

Hazardous  callings,   enumerated  under  em- 
ployers' liability  act  1917.     See  Employer 
and  Employee  1915-1945. 
Headgates    and    weirs,    installed   by    water 
users,  how,  when  4707.     See  Water  4672, 
4791. 
Health,  boards  of,  creation  and  duties  794, 

877,  2921,  2982. 

Health,  public,  crimes  against 6529-6560. 
Quarantine,  failure  to  observe  2999,  3000. 
Kegulations  regarding  sheep  4588. 
Health  officer,   neglect  of  duty  2972.      See 

Public  Health,  Live  Stock. 
Hearing,  when  district  judge  has  entered  upon, 
no  other  judge  to  act  unless  upon  written 
request,  rule  xli,  p.  1431. 
Heir.     See  Estates  of  Deceased  Persons. 
Bound  by  judgment  in  action  for  partition 

5541.    " 
Denned  1057. 

May  sue  for  death  of  adult  4997. 
Producing  pretended  or  false,  penalty  6370. 
Unknown,  may  be  made  parties  5009,  5010. 
Unknown,  service  of  summons  by  publica- 
tion 5028. 
When   entitled  to  damages  for  death  by 

wrongful  act  5648. 

Hibernians,  Ancient  Order  of  1410-1415. 
Hide,  failure  to  keep  or  exhibit,  penalty  6641. 
Hide  inspector,  appointment,  duties  and  com- 
pensation 2285-2286.     See  Live  Stock. 
High  crime,  conviction  of  excludes  from  jury 
unless  restored  to  civil  rights (Nev.  Const.) 
285. 
Highway,  action  to  set  aside  damages  awarded 

by  viewers  3015. 
Condemnation,  viewers,  damages,  appeal 

to  district  court  3008. 
Measure  of  damages  for  cutting  timber  for 

repair  of  5507. 
High  ways,  driving  diseased  or  infected  animal 

on  forbidden  2266,  2268. 
Guideboards,  defacing  or  destroying  or  not 

erecting  3208. 
Local  or  special  laws  for  vacating,  invalid 

(Nev.  Const.)  278. 

Obstructing  of,  punished,  how  3009. 
Public  3004-3062.     See    Public    Highways, 

County  Commissioners. 
Running  water  upon,  punished,  how  3045, 

3046,  6757,  6770,  6771. 
Streets  and  alleys,  public  utility  may  use 

when  granted  franchise  2129. 
Wilful  and  malicious  injury  to,  punished, 

how  6752. 
Historic  and  literary  societies  1382-1389,  2545- 

2547. 

Historical  data  428-430. 
Historical     society,    state     2545-2547.       See 

Nevada  Historical  Society  2545-2547. 
Hogs,  running    at   large,  liability   of   owner 
2325-2331. 


Hogs— continued. 
Trespassing,  may   sell,  when,   liability    of 

owner  2256-2260.     See  Live  Stock  2233, 

2337. 
Hoisting   during   repairs   prohibited,  except 

4229. 
Hoisting  machinery,  indicator  must  be  used 

4214. 
Hoisting  machinery,  operating  without  license 

punished  3904. 
Hoisting  ropes,  factor  of  safety  established 

4226. 
Hoisting  ropes,  iron  or  steel,  when  4226.    See 

Mining  Inspector  4198-4239. 
Hokey-pokey,  game  of,  prohibited,  punished, 

how  6518. 

Holidays  4870.     See  Nonjudicial  Days. 
For  schools  3351. 
Negotiable  instruments  2744. 
Holographic  will  6223-6225.  See  Wills,  Estates 

of  Deceased  Persons. 
Homestead,  abandonment  of  2143. 
Alienation  of  (Const.)  288,  2160. 
Appraisement  of,  when  2144. 
Conveyance  of  2143,  2146-2148,  2160. 
Death,  in   case  of,   separate   property   to 

revert  to,  proviso  2145. 
Declaration  of  2142. 
Decree,  setting  apart,  recorded  6111. 
Defined  2142. 
Exemption,  amount  of  2142. 

And  descent  to  heirs  2145. 

Appraisement  when  value  exceeds  amount 
of  2144. 

Constitutional  provision  288. 

Entire  premises  to  be  sold,  when  2144. 

Excess  to  be  sold,  when  2144. 

From  execution  5288. 

Mortgage,  when  2142. 

Not  to  extend  to  liens  288,  2143. 

Purchase  money  excepted  288,  2142. 
Family,  set  apart  for,  on  death  of  husband 

5957. 
Gold  coin,  regarded  as  all  amounts  stated 

in  this  act  2150. 
Insane  wife,  procedure  for  conveyance  2146- 

2148. 

Joint  tenants  to  be  held  as,  proviso  2142. 
Litigation,  existing  rights  not  affected  2145. 
Liable  for  purchase  money  or  lien  288. 
Probate  law  concerning  5956,  6111. 
Property  not  exempt  from  sale  for  taxes 

288,  2149. 
Recording,  provision  to  be  made  for  (Const. ) 

288,  2142,  6111. 
Reversion  of  separate  property  in  death  of 

spouse  2145. 
Selection  of  2142. 
Separate  property,  how  declared  on  2142; 

reversion  upon'death  of  spouse  2145. 
Set  apart  for  family,  when  2165,  5957. 
To  convey  how,  when  wife  is  insane,  appeal 

2146-2148. 
Wages,  not  affected  by  preferred  claim  for 

5494. 

Widow  and  children  may  retain  5956. 
Wife  must  join  in  conveyance  or  mortgage 

2160. 

Homestead  land  laws,  federal  3115-3149,  2404. 
See  Public  Lands  3063-3226. 


2437 


INDEX 


Husband  and  wife 


Homesteads,  right  and  preference  of  home- 
stead and  additional  homestead  in  forest 
reserves  on  lands  settled  upon  before  and 
since  January  1,  1906.  See  Act  of  Con- 
gress of  June  11,  1906.  34  U.  S.  Stats.  L. 
p.  233,  and  National  Forest  Reserve  Use 
Book. 

Secretary  of  agriculture,  to  list  lands  for 
homestead  entry  on  forest  reserves.  See 
Act  of  Congress  of  June  11,  1906,  34  U.  S. 
Stats.  L.  p.  233,  and  National  Forest  Re- 
serve Use  Book. 
Homicide  6384-6410. 

Burden  of  proof,  justification  or  mitigation 
6399,  7174. 

Committed  in  attempt  to  escape  6819. 

Death  within  year  and  a  day  6392. 

Excusable  by  misadventure  6400. 

Jurisdiction  6393. 

Justifiable,  defined   6384,  6394-6402,  6859- 
6861. 

When  justifiable  or  excusable  6397..    See 

Murder,  Manslaughter. 
Honorably  discharged  soldiers,  exempt  from 

certain  formalities  to  become  naturalized 

2506. 
Honorary  board  of  visitors  state  university 

4666-4670.     See  University  of  Nevada. 
Horses,  animals.    See  Live  Stock,  Bureau  of 
Animal    Industry,    State    Veterinarian, 
Public  Health.    ' 

False  certificate  of  sheriff,  penalty  2294. 

Fees  for  inspection,  lien  on  2296. 

Furnishing  false  pedigree  of,  penalty  2287. 

Original  not  allowed  at  large  2252. 

Pedigree,  failure  to  keep  posted,  penalty 
2288. 

Receiving  for  transportation  out  of  state 
without  inspection,  penalty  2289-2291. 

Removing  out  of  state  without  inspection, 
penalty  2295. 

Sheriff  as  inspector,  duties  2291-2296. 

Shipping  out  of  state  without  inspection, 
penalty  2290. 

Unclaimed,  sale  of,  when,  redemption  2296. 
Horse  meat,  sale  of,  when  unlawful  6524, 6525. 
Horse  races,  selling  books  or  pools  on,  gam- 
bling, penalty  6518. 
Horticulture,  commissioner  of  446-453. 
Appointed,  how  446. 
Bond  451. 
Compensation  450. 
Duties  of  446-449,  453. 
Inspectors,  to  appoint  449. 
Removal  of  452. 
Report,  to  make  453. 

County  districted  449. 

Inspection    of  nursery  stock,   penalty  for 
transporting  unlawfully  6776,  6777. 

Malicious  injury  to  trees  6753,  6754. 

Nursery  stock,  transporting  without  inspec- 
tion, penalty  6776,  6777. 

Pests  destroyed  446-448. 

Road  not  to  be  run  through  orchard  with- 
out consent  3015. 
Hospitals,  city  may  regulate  794. 

Hospital  fees,  collection  from  employees, 
when  unlawful  1943. 

Hospital  for  mental  diseases  2195-2212.    See 
Insane. 


Hospitals — continued. 

Incorporation  of  1390-1397.  See  Corpora- 
tions. 

Near  schools,  forbidden  6534. 
Hotel  and  lodging-house,  baggage,  proprietor 

may  sell,  when  2151,  2154. 
Sale,  how  made  2153. 
Sold,  proceeds,  how  disposed  of  2152. 

Defrauding,  penalty  6726. 

Disorderly,  when  deemed,  penalty  6484. 

Runners  of,  city  may  regulate  794. 
Houses  of  correction  and  detention,  city  may 

establish  794. 

Houses  of  prostitution  or  ill-fame,  acting  or 
receiving  reward  for  placing  female  in, 
penalty  6445(2). 

Church ,  within  400  yards ,  forbidden , penalty 
6510. 

Earnings  of  prostitute,  accepting,  penalty 
(1145(5). 

Enticing  person  to  go  to  for  immoral  pur- 
pose 6445(5-7). 

False  representation  to  female  as  to,  penalty 
<>445(6). 

Female,  placing  in,  penalty  6445(1). 

Guardian  permitting  female  ward  to  enter, 
penalty  6445(4). 

Habitually  resorting  in,  penalty  6460. 

Husband  "consenting  to  wife  entering,  pen- 
alty 6445(4). 

Living  with  prostitute,  penalty  6445(5). 

Location  within  certain  limits  of  school, 
forbidden  3457,  6510. 

Minor,  enticing  or  decoying  into,  penalty 
6445(7). 

Parent  permitting  daughter  to  enter,  pen- 
alty 6445  (4). 

Pimping,  penalty  6445. 

Reward  or  compensation,  giving  or  receiv- 
ing to  procure  female  to  enter,  penalty 
6445(1,3). 

School  house,  location  within  certain  limits 
of,  forbidden  3457,  6510. 

Soliciting  person  to  go  to,  for  immoral  pur- 
pose 6445(5,7). 

Trial  for  offenses  concerning,  evidence  7178. 

Venereal  disease,  conveying  by  prostitute, 

penalty,  physician  to  notify  police  6529. 

House  of  refuge  for  juvenile  offenders,  to  be 

maintained  by  state  366. 
Humboldt  County,  creation,  boundaries  and 

seat  390,  1448,  1466, 1467. 
Hunting    on    enclosed    ground,   forbidden, 

when,  penalty  6766-6768. 
Husband  and  wife.     See  Civil  Practice,  Di- 
vorce, Marriage. 

Abandonment  of  wife  or  child  6446,  6447. 

Acknowledgment  of  wife  to  convey  realty 
1018, 1037,  2186. 

Acts  repealed,  saving  clause  2189. 

Actions,  parties  to  4989,  4991. 

Administration,  letters  of,  preferred  right 
5894,  5908,  5843. 

Adoption  of  child,  consent  of  wife  5827. 

Age  and  requirements  on  adoption  of  chil- 
dren 5825. 

Alimony.     See  Divorce. 

Bigamy  defined,  penalty  6456,  6457. 

Community  property,  death   of   husband, 
homestead  set  apart  2165. 


jsband  and  wife 


INDEX 


2438 


Husband  and  wife — continued. 

Community  property,  how  disposed  of  2165. 
Of  wrife  to  goto  husband,  exception 21 64. 
Defined  2156. 

Divorce,  in  case  of,  how  divided  2166. 
Contracts,  husband    and    wife    may  enter 

into  2173. 
Contract  marriage,  minors  may  make,  when 

2185. 

Not  valid,  when  2184. 
Record  of,  to  impart  notice  2183. 
To  be  in  writing,  form  of  2181. 
To  be  recorded  2182. 

Contract  of  separation,  not  to  alter  legal 

relations,  except,  consideration  2174, 2175. 

Conveyance,    acknowledgment,    effect    of 

1018,  1037,  2186,  2188. 
Conveyance,  by  married  woman,  effect  of 

1018. 

Courtesy,  estate  in,  abolished  2161. 
Divorce',  division  of  property  2166. 
Divorce,  proceedings  for  5838-5845.  See 

Divorce. 

Dower,  estate  in,  abolished  2161. 
Executrix,  married  woman  may  be  5886. 
Failure  to  support,  by  husband,  penalty 

6481,  6483. 

Forcing  women  to  marry,  penalty  6444. 
Homestead  288,  2142,  2150,  2165,  5956,  5957, 

6111.     See  Homestead. 
Husband,  deserted  by  wife  may  prosecute 

or  defend  in  her  name  4991. 
Entitled  to  damages,  for  death  of  wife. 

by  wrongful  act  5648. 
Separate  property  of  wife  not  liable  for 

debts  of  2171. 

Insane,  wife  as  witness  5422. 
Imprisonment,  or  adultery  of,  disposition 

of  property  in  divorce  action  5843. 
Support  of  wife,  not  liable  for,  when  2177. 
Support  by  wife,  required,  when  2178. 
When  must  be  joined  as  party  with  wife 

4989. 
When  not  liable  for  support  of  wife,  when 

she  abandons  him  2177. 
Marriage.     See  Marriage  2338,  2357,  6444, 

6458,  6514. 
Married    woman,    acknowledgment    of,  -to 

conveyance  1018,  1037,  2186. 
Covenants,  binding  on  1039. 
Rights  and  liabilities  of  sole  traders  3192. 
To  act  as  executrix  5886. 
To  revoke  will  6203. 

To   transact  business,    husband    not  re- 
sponsible for  debts,  except  2194. 
Husband  not  to  superintend  or  man- 
age 2192. 
In  own  name,  application,  hearing  of 

2191. 

Oath,  to  take  2191. 
Order,  to  be  recorded  2191. 
Order,  to  make  2191. 
Responsible  for  maintenance  of  chil- 
dren 2193. 

Responsible  for    maintenance  of   hus- 
band, when  2178. 
To  give  notice  2191. 
Statute  of  limitations,  effect  on  4976. 
Townsite  lots,  when  may  make  applica- 
tion for  1983. 


Husband  and  wife— continued. 
Necessaries  furnished  wife,  liability  of  hus- 
band 2176. 
Property,  community,  held   as  tenants  in 

common  2162. 

Homestead  set  apart  from,  when  2165. 
No  estate  by  dower  or  by  courtesy  2161. 
Rights  to  be"governed  by  act,  proviso  2180. 
Subject  to  debts  of  husband  2165. 
Separate  property,  defined  289,  2155. 
Descent  and  distribution  6125. 
Inventory  of  wife's  2157. 
No  interest   in  property  of  each  other, 

except  2172. 
Of  husband  2155. 
Of  wife  289,  2155. 
Of  wife,  failure  to  file,  schedule,  effect  of 

2159. 

Of  wife,  filing  to  be  notice  2158. 
Of  wife,  inventory  to  be  recorded  2157. 
Of  wife,  supplemental  inventory,  to  be 

.  recorded  2157. 
Wife  to  control  her  own  2163. 
Wife,  abandonment  of  6446,  6447. 

And  minor  children ,  earnings  of,  while  liv- 
ing separate  are  property  of  wife  2168. 
Debts  of,  when  contracted  before  mar- 
riage 2170. 

Earnings  of,  deemed  gift,  when  2169. 
Earnings  of,  not  liable  for  debts  of  hus- 
band 2167. 

Failure  to  support,  penalty  6481,  6483. 
Necessaries    to    be    furnished,   husband 

bound  for  2176. 
Power   of    attorney,  how   acknowledged 

2187. 
When  living  separate  from  husband  may 

sue  and  be  sued  alone  2179. 
When  either  may  defend,  if  sued  together 

4990. 
Will,  married  woman  may  alter  or  revoke 

6203. 
Witness,  for  or  against  each  other  5424,  7452. 

Wife  as,  if  husband  insane  5422. 
Hydraulic    engineer    and    experts,   may   be 
employed  by  court,  when  4690.    See  Water. 
Hygienic    laboratory    3941-3945.     See    State 
Hygienic  Laboratory. 


Identification,  maybe  required  of  voter,  when 

1717.     See  Elections. 
Idiot,  may  be  admitted  to  hospital  for  mental 

diseases,  when,  expense  of,  whom  2211-2212. 
Idiots,  not  entitled  to  privileges  of  elector  250. 
Illegitimate  child,  adopted,  when  deemed  by 
conduct  of  father  5833. 

Heirs  of  6118. 

Inheritance  of  5833,  6117-6118. 

Proof  of  paternity,  established,  how  765. 

Support  of,  abandonment  or   neglect  765- 

766. 
Ill-fame,  houses  of,  crimes  in  relation  to  3457, 

6445,  6510.     See  Houses  of  Prostitution. 
Imitating  brand,  prohibited,  punished  how 

6745. 

Immigration  stations,  how  and  where  estab- 
lished 2514.     See  Naturalization  2506-2544. 
Immoral  show,  act  or  performance,  penalty 

6461. 


2439 


INDEX 


Indictment 


Immunity  of  witnesses  in  court  granted,  when 

4566 (a). 

Impeachment,    assembly    has    sole    power 
(Const.)  .",34. 

Duty  of  senate  6892. 

From  office  (Nev.  Const.)  334-336. 

Justice  supreme  court,  liable  to  336. 

Not  bar  to  indictment  6873. 

Of,  person  cannot  be  pardoned  307. 

Other  laws,  applicable  6298. 

Procedure  6879-6892. 

Trial    of,    without  presentment  or  indict- 
ment 237. 

Who  liable  to  (Const.)  335,  336. 
Implied  bias,  defined  7147. 
Implied  malice,  defined  6386. 
Impost,  district  court  has  jurisdiction  of  cases 

involving  legality  321,  5721. 
Imprisonment  for  debt,  prohibted,  except  in 

cases  of  fraud,  slander  and  libel  LM.">. 
Imprisonment  on  two,  or  more,  convictions 

6:;o3,  725r,. 
Imprisonment, when  person  may  be  sentenced 

to  by  legislature  265. 
Improved  lands,  defined  3603. 
Improvements,  allowed  as  offset,  when  5517. 

Required  by  claimant  of  possession  of  pub- 
lic lands  5852. 
Impure  water,  furnishing  for  domestic  use, 

penalty  <',:>}(). 
Incendiarism.     See  Arson. 

Act  to  detect  7532-7539. 

Complaint  charging  7532. 

Compulsory  process  7538. 

Examination  of  person  charged  7537. 

l-'ees,  how  paid  7539. 

Free  access  to  property  7  •">:;<;. 

Inquisitors,  appointment  and  qualifications 
7532. 

Justice  of  peace  to  summon  three  inquisi- 
tors 75:  ;L'. 

<  >ath  of  inquisitors  7533. 

Subpenas  to  witnesses  75:; I. 

Testimony  reduced  to  writing  7534. 

Verdict  and  testimony  certified  to  district 
court  75: >5. 

Warrant  of  arrest  7537. 
Incest,  defined,  punishment  6468. 
Incestuous  marriage  forbidden,  penalty  645. 
Incompetent  person,  guardian  for  5726,  6162- 

6186. 
Incorporated    cities,    may    have    recorder's 

courts  316,  324,  4853. 

Incorporation.     See  Corporations  1105-1364. 
Incorporation  proceedings  for  cities  768. 
Incumbrance,  action  to  restore  lost  record  of 
5632. 

Subject  to  lis  pendens  5021. 
Indebtedness,  of  territory,  state  became  liable 
for  391. 

Or  liability  of  corporation  or  person  to  state, 
county  or  municipality,  local  or  special  law 
for  release  of,  invalid  278. 
Indecent  exposure  punished,  how  6460. 
Indefinite  sentence,  what  7260. 
Indemnity  of  owner  by  contractor  1915, 1924. 
Indemnity,  no  bar  or  defense  to   action  for 

death  or  personal  injury  5652. 
Independence,  Declaration  of  65-70. 
Independent  candidates  1740.     See  Elections. 


Indeterminate  sentence,  ho\v  imposed  7260. 

Board  of  pardons  to  determine  7261. 
Index  books  1713.     See  Elections. 
Index  to  county  records,  contract  for  1560, 

1561. 

Index  to  justice's  docket,  must  be  kept  5802. 
Indian,  as  witness  in  liquor  case  7530,  7531. 

Selling  or  giving  liquor  to  6507-6509. 
Indians,  amenable  to  criminal  law  6270. 
Indictment,   accessory,  trial   and  conviction 

7071,  7072. 
Against  several,  one  or  more  convicted  or 

acquitted  707 1 . 
Answer  to  7092. 

Arraignment  on    7074-7089.     See  Arraign- 
ment . 

Bail  on  7313. 
Capital  or  infamous  crime,  prosecuted  by 

237. 

Charge  but  one  offense  7054. 
Compounding  offense  7073. 
Concealing  offense  7073. 
Concurrence  of  twelve  7042. 
Construction  of  words  7057. 
Contemptuous  conduct,  when  may  be  for 

5405. 

Defect  in  form  7060. 
Defective,  arrest  of  judgment  7238. 
Defendant's  name,  erroneous  or  fictitious 

705:;. 

Defendant  not  in  custody  7047. 
Defined  7022. 
Demurrer  to  7095-7105. 

Allowed,  order  resubmitting  7101. 

Allowed,  when  bar  to  other  7101. 

Disallowed,  plea  forthwith  7104. 

Form  of  7098. 

( J rounds  for  7097. 

Hearing  of  7099. 

Judgment  on  7100. 

Objections  must  be  taken  by,  exception 
7105. 

Sustained,  bail  exonerated  7102. 

Sustained,  defendant  discharged  7102. 

When  put  in  7096. 
Discharge  from,  when  7092. 
District  attorney  must  sign  7051. 
-Embezzlement  700S. 

Error  as  to  person  injured,  immaterial  7056. 
Facts     alleged    not    constituting    offense, 

resubmission  7188,  7189. 
Facts,    not    constituting    public    offense, 

objection,  how  and  when  raised  7105. 
Failure  to  find,  dismissal  7395. 
False  pretenses,  complaint   or  indictment 

for  7067. 

Finding  and  presentment  7042-7043. 
For  embezzlement  7068. 
For  false  pretenses  7067. 
For  forgery  7065. 
For  larceny  7068. 
For  libel  7064. 
For  perjury  7066. 
Form  7051. 

Form  and  rules  of  pleading  7048-7073. 
Found  in  wrong  county,  proceedings  7186, 

7187. 

Ignored,  resubmission  7044. 
Impeachment,  not  bar  to  335,  6893. 
Indorsed  and  signed,  how  7042. 


Indictment 


INDEX 


2440 


Indictment — continued . 
Judgment,  how  pleaded  7062. 
Judicial  notice,  of  what  taken  7062,  7063. 
Jurisdiction,  question,  how  and  when  raised 

7105. 

Larceny  7068. 

Lewd  or  obscene  publication  7069. 
Libel  7064. 
Motion  to  set  aside  7090-7094. 

When  heard  7092. 
Need  not  state  presumptions  or  matter  of 

judicial  knowledge  7061. 
Objections  to,  grounds  of  7090. 

Waiver  of  7091. 
Of  corporation  7408. 
Order  to  set  aside  not  bar  to  new  7094. 
Perjury,  indictment  for  7066. 
Plea,  after  demurrer  7104. 

Defined  7095. 

Form  of  7107. 

How  put  in  7107,  7108. 

Kinds  of  7106. 

Of  former  acquittal  7111,  7113. 

Of  guilty,  by  corporation  7108. 
May  be  withdrawn  7108. 
How  put  in  7108. 

Of   not   guilty,  entered   on    defendant's 

refusal  to  make  7114. 
Evidence  under  7110. 
What  evidence  admissible  on  7110. 
What  issue  raised  7109. 

Refusal  to  enter  7114. 

When  entered  7104. 

When  put  in  7096. 
Presentment  and  filing  7046. 
Presumptions  of  law,  need  not  state  7061. 
Principal  and  accessory,  defined  6275,  7071. 

7072. 

Private  statute,  how  pleaded  7063. 
Prosecution  by  6999. 

Reindictment  after  arrest  of  judgment  7241. 
Setting  aside,  grounds  for  7090. 
Sufficient,  when  7059. 

Term    "indictment"  or  "information"  in- 
cludes what  6294. 
Time  of  offense  7056. 

Trial,  proof  showing  higher  offense,  suspen- 
sion, reindictment  7182,  7183. 
Twelve  to  concur  7042. 
Waiver  of  objections  7091. 
What  offenses  prosecuted  by  6854. 
What  to  contain  7050,  7052. 
When  sufficient  7059,  7060. 
When  found  6925. 
Words,  how  construed  7057. 
Words  of  statute,  not  strictly  followed  7058. 
Indigent   dead,   burial    of,   by   whom.     See 
Poor  and  Poor  Laws,  County  Commission- 
ers 794(59). 
Indigent   insane,  commitment  to  asylum  at 

state  expense  2204. 
When  state  charge  2201. 
Indigent  of  other  county,  recovery  for  relief 

furnished  to  2922. 
Indigent  sick,  care  of  1508. 
Indigents,   counties    must   provide    for  367, 

2915-2925. 
Individuals  in  partnership  not  assessed,  when 

3629. 

Indorser,  liabilities  of,  what  2614-2615.     See 
Negotiable  Instruments  2548-2744. 


Industrial  problems  to  be  studied  by  bureau 
industry,  agriculture  and  irrigation,  when 
4489. 

Industries,  regulation  of,  within  and  without 
limits  of  city,  what  794(54). 

Industry.  See  Bureau  Industry,  Agriculture 
and  Irrigation  4486-4494. 

Ineligibility  to  office.  See  Eligibility  under 
the  several  office  titles. 

Infamous  crime,  conviction  for,  ground  for 
divorce  5838. 

Infant.  See  Civil  Practice,  Guardians,  Chil- 
dren, and  Minors. 

Infected  sheep,  sheep  commission   must  be 

?iven  immediate  notification  4594. 
ectious  diseases  among  animals.  See  Live 
Stock. 

Infectious  diseases  among  humans.  See  Pub- 
lic Health. 

Infectious  diseases,  state  hygienic  laboratory 
to  report  on  3944. 

Infernal  machine,  making  or  having,  forbid- 
den 6561.  See  Explosives. 

Inflammable  material  not  to  be  kept  within 
certain  limits  of  shaft  4224. 

Informal  verdict,  procedure  to  cure  5219. 

Information,  amendment  proposed  to  art.  i, 
sec.  8,  of  constitution,  passed  at  legislative 
sessions  1909,  1911,  subject  to  ratification  by 
people  at  1912  general  election,  provides  that 
persons  accused  of  crime  maybe  prosecuted 
by  information  as  well  as  by  indictment  237. 

Inheritance  6116-6119,  6140-6141.  See  Estates 
Deceased  Persons,  Table  of  Consanguinity 
in  appendix. 

Inheritance,  adopted  child  entitled  to  5826, 
5829. 

Injunction 5011,  5136-5146,  5194,  4564(a) .    See 

Civil  Practice. 
Sale  of  ore  2489. 
Writ,  may  issue,  by  whom  331,  4840,  4843. 

Injuring  or  tampering  with  property  of  pub- 
lic service  companies  6732,  6733,  6735. 

Injury  to  persons,  action  for  1925,  5649-5652. 
See  Civil  Practice. 

Injury  to  property,  forbidden,  punished,  how^ 
6752-6754. 

Injury  to  public  records,  forbidden,  punished, 
how  2817,  6344,  6345. 

Injury  to  workman,  employer  liable,  when 
1915,  1925.  See  Employer  and  Employee. 

Initiative  and  referendum,  proposed  amend- 
ment to  constitution  by  addition  to  sec.  3, 
art.  xix,  passed  at  legislative  sessions  1909, 
1911,  subject  to  ratification  by  people  1912, 
p.  122. 

Initiative  and  referendum,  articles  on  412, 
413.  See  Elections. 

Inland  exchange,  defined  2676.  See  Negoti- 
able Instruments  2548-2744. 

Inn,  keeping  disorderly  6484.     See  Hotel. 

Innocence,  presumption  of  6277,  7163. 

Inquest,  coroner's  7542-7560.     See  Coroner. 

Inquest,  to  determine  incendiary  7532-7539. 

Insane.     See  Guardians. 
Acquittal  in  criminal  action,  when  judg- 
ment of  insanity  7252,  7217. 
Action,  appearance   by  general    guardian 

4992. 

Asylum,  selection  of  grounds  2195. 
Board  of  control  2198. 


2441 


INDEX 


Insnrable  age 


Insane— continued. 

Charges,  payment  of  required,  when  22lX). 
Claims,  board  of  examiners  to  approve  2206. 

Commissioners  to  certify  to  2206. 

How  paid  2206. 
Commitments,  certificate,  form  of  2204. 

District  judges,  duty  in  regard  to  2204. 
Commissioners,  board  created  2198. 

Powers  of  2202. 

Quorum  of  2199. 

Rules  and  regulations  2202. 

To  report  to  legislature  2202. 
Controller,  commissioner  2198. 
Conveyance,  of  homestead,  how  made  when 

wife' insane  2146-2148. 
Convicts,  escape  deemed,  punishment  2209. 

When  removed  to  asylum  2208. 

When  returned  to  prison  2209. 
County  clerk  may  commit,  when  2210. 
Criminal  action /wherein  defense  insanity 

interposed,  effect  of  verdict  7252,  7217. 
Criminal  insane  7217,  7252,  7271-7275,  7385- 

7:;'.»!.  See  Criminal  Practice. 
Defendant  insane,  committed  to  asylum, 

when  7252,  7390. 

Disability,  effect  on  limitations  4966,  4976. 
Estates  of  insane  persons,  jurisdiction  of 

321,  I.MM.  1X49. 

Examined  for  insanity,  when  2210. 
Expenses  of  examination  insane  7 :'/).' 5,  7.">'.M. 
Feeble-minded  persons  admitted,  expense 

of  2211,  2212. 

Governor,  commissioner  2198. 
Guardian  ad  litem,  appointed  for  insane  by 
justice  of  the  peace,  when  5726. 

Bond  to  give,  expense  to  pay  2201. 
Guardians  for  insane  or  incompetents  6162- 
6161,  (5186. 

To  be  appointed,  when  2200. 
Homestead  conveyed,  how,  when  insane, 

procedure,  what  2146,  214X. 
Homestead    patent,  federal,  may  issue  to 

insane,  when  3146. 

Hospital  for  mental  diseases,  legal    name 
2196,  2197. 

To  be  maintained  by  state  365. 
Idiots  and  feeble-minded  persons  admitted 

to  asylum,  when  and  how,  expenses  of 

2211/2212. 
Idiots  and  insane  not  liable  to  punishment 

6268. 

Incidental  expenses  of  commissioners, board 
of  examiners  to  approve  2207. 

Controller,  warrant  to  draw  2207. 
Indigent,  medical  care  of  2205. 
Inquiry  into,  criminal  7271-7275,  7385-7394. 
Insane  defendant,  restored  to  sanity,  pro- 
ceedings 7392. 

Insanity  as  defense  to  crime,  effect  7217. 
Insanity,  marriage  not  annulled  for,  when 

2356,  2357. 
Judgment  may  be  arrested  on    ground  of 

insanity,  when  7252. 
Jurisdiction  of  estates  and  persons,  insane 

and  incompetent  321,  4840,  4849.. 
Limitation  of  time  for  conveyance  of  town- 
site    lot  not  to  apply  on  account  of    in- 
sanity, when  1987. 

Lot  in  federal  townsite,  guardian  may  ap- 
ply for  1983. 
Marriage  of  insane  person  void  2355,  2o57. 


Insane— continued. 

Paying  patients,  terms  directed  by  board 
2205. 

Punishment,  not  liable  to  6268. 

Report  to  legislature  2968. 

Report  to  state  board  of  health,  superin- 
tendent must,  when  2968. 

State  to  foster  institutions  for  365. 

Superintendent,  qualifications  of,  and  pay 


Superintendent  of  hospital  for  mental  dis- 
eases mav  be  guardian  of  insane,  when 
735. 

Superintendent,  must  report  to  state  board 
Of  health,  when  296X. 

Town  lot  may  be  applied  for  by  guardian 
of  insane,  when  1983. 

Transportation  expenses  2200. 

Treasurer,  commissioner  2198. 

Trial  of,  as  to  insanity  7.W,.  7:',(.M. 

Verdict  of  acquittal  on  ground  of  insanity, 
effect  of,  defendant  7217,  7252. 

Vote,  not  entitled  to  250. 

Warden,  duty  of  toward  defendants  and 
convicts  insane  7275. 

Witness,  person  cannot  be  5423. 
Insectivorous  birds,  killing  or  destroying  eggs, 

prohibited  6812. 
Insignia,  illegal  use  or  wearing,  penalty  2503, 

2505,  2507,  6715,  6717. 

Insolvent    bank,    when    deemed    629.     See 
Banks  and  Banking. 

Failure  of  officers  of,  to  prevent  deposit  in 
6725. 

Payment  of  dividends,  when  liability  3568. 
Insolvent  banks,  receiving  deposits  in,  pro- 
hibited, penalized,  how  2905.     See  Partner- 
ship. 
Insolvent   corporations,  dissolution  of  1190- 

1199. 
Insolvency    of    partnership,   effects    general 

assignment,  how  2905.     See  Partnership. 
Insolvency.     See  Bankruptcy  543-615. 
Inspection  of  written  instruments  5063,  5416- 

5418,  5769.     See  Civil  Practice. 
Inspectors  of  election.     See  Elections. 
Inspectors  of  hides,  to  make  report,  when  2285. 
Inspector  of  horses,  duties  2289-2296. 
Inspector  of  horticulture  449.     See  Horticul- 
ture. 
Inspector   of   mines  4198-4239.     See  Mining 

Inspector. 
Installments,  debt  payable  in,    secured    by 

mortgage,  action  on  5503. 
Installments  of  taxes,  how  and   wrhen  paid 

3864,  3644,  3659.     See  Revenue. 
Instituting  suit  in  name  of  another,  forbidden, 

punished,  how  6372. 
Institutions,  state,  forinsane,  deaf,  dumb,  and 

blind,  to  be  fostered  and  supported  by  state 

365. 
Instruction,  sectarian,  not  to  be  imparted  at 

any  school  or  university  of  state  361. 
Instructions,  judge  shall  not  charge  jury  in 

respect  to  matters  of  fact,  but  may  state 

testimony  and    declare  the   law  327.     See 

Civil  Practice,  Criminal  Practice. 
Instrument,  written.     See  Civil  Practice. 
Insular  possession,  when  included  in  words 

"United  States"  5475. 
Insurable  age,  defined  1317. 


Insurance  company 


INDEX 


2442 


Insurance  company  1266-1284.     See  Corpora- 
tions. 

Doing   business    after    certificate   revoked 
1270,  1274. 

Doing  business  without  license  1280. 

Doing  certain   business  without  authority 
1309. 

Endownment  1310-1324.    See  Corporations. 

Failure   to    file    annual    statement,   doing 
business  upon  1327-1328. 

False  affidavit  relative  to  death  or  disabil- 
ity, deemed  perjury  1317. 

False  statement  to  1317. 

False  statement  to  annual  report,  perjury 
1328. 

Violation  of  act  1283. 

Insurance    policy,  exempt    from    execution, 
when  5652. 

No  bar  or  defense  to  action  for  death  or 
persona]  injury  5652. 

On    assessment    plan,   benefit   not    to    be 

attached  or  seized  1318. 
Insurers,  several  may  be  joined  in  action  for 

loss  on  different  policies  5002. 
Insurrection,  in  county,  governor  may  call 
out  militia  to  suppress  364,  2842,  2843, 165. 

No  limit  to  debt  which  state  may  incur  to 

suppress  350. 
Intellectual  improvement,  to  be  encouraged 

by  legislature  353. 
Intemperance,  bar   to    support    of    pauper, 

when  2916. 
Intent  to  defraud,  proof  when  sufficient  6306. 

Intent   to    defraud,  averment    and    proof 
6294(5). 

Intent,  how  manifested  6272. 

Intent,  when  element  of  crime  6268. 
Interest  and  money.     See  Money  and  Inter- 
est 2497-2500. 
Interest,  bonds,  irrigation  district  4746. 

Excessive,  charged    by  pawnbrokers,  pro- 
hibited 6470. 

Included  in  judgment  5278,  5388. 

Judgment  to  draw  5271. 

Legal  rate,  when  not  otherwise  fixed  2499. 

Partition,  action  for,  allowed,  when  5546. 

Rebated  in  foreclosure  of  mortgage,  when 
5546. 

State  warrants,  when  allowed  on  4370. 

Time  deposits  in  banks,  limited  644. 
Interference  with  officer  in  performance  of 

duty,  punished  6329,  6804,  6828. 
Interlocutory  order,  deemed  excepted  to  5318. 
Interpleader  in  garnishment  proceedings  5180. 
Interpreters  and  translators,  fees  of  2013, 2016. 

Subpenaed,  how,  oath  of  5430,  7360. 
Interrogatories.     See  Civil  Practice. 
Interstate  commerce  law,  if  violated,  railway 

commission  may  investigate  4569. 
Interruption  of  telephone  message,  forbidden, 

penalized,  how  4632,  4610,  6752. 
Intervention  in  civil  action  5006. 
Intervention  to  prevent  offense  6862-6863. 
Intimidating  legislator,  prohibited,  punished, 

how  6333. 

Intimidation  of  arrested  person  6807. 
Intimidation,  when  unlawful  6749. 
Intoxicated     physician    or    surgeon,    death 

caused  by,  penalized,  how  6410. 
Intoxicating  liquor,  impure,  unlawful  to  sell 

3486-3510,  6816.     See  Pure  Food,  Drug  and 


Intoxicating  liquor — continued. 
Liquor  Law. 

Inspection  of,  by  city  authority  794  (52). 
Sale  of  near  construction  camp,  prohibited 

6839-6841. 

Sale  of  to  drunkards  or  dipsomaniacs,  pro- 
hibited 6836-6838. 
Sale  of  to  Indian  6507-6509. 
Sale  or  disposal  at  religious  or  camp  meet- 
ing, prohibited  6598. 

Selling  or  giving  away  on  election  day,  pro- 
hibited 1830. 
Intoxication  of  railway  employees,  forbidden 

3564,  6583. 

Intoxication,  when  mitigation  6282. 
Invalid  deed,  local  or  special  law  giving  effect 

to,  invalid  278. 

Invalid  instrument,  local  or  special  law  giv- 
ing effect  to,  invalid  278. 
Invalid  will,  local  or  special  law  giving  effect 

to,  invalid  278. 
Invasion,  governor  may  call  militia  to  repel 

364. 

In  case  of  writ  of  habeas  corpus  may  be 

suspended  if  public  safety  requires  234. 

No  limit  to  debt  which  state  may  incur  to 

repel  350. 

Of  states,  protection  against  165. 
Inventory,  dissolution  of  partnership  5676. 
Of  estates  5942-5949.     See  Estates  of  De- 
ceased   Persons    5857-6148,    Partnership 
2897-2914. 

Of  separate  property  of  wife  2158. 
Of  state  property,  to  be  taken  by  whom, 

when  4471. 
Investment  of  school  moneys  (Const.)  355, 

3387. 

Involuntary  manslaughter  6390. 
Involuntary  servitude,  not   to   be   tolerated 

except  as  punishment  for  crime  246. 
Prohibited  except  for  crime  228. 
Iron   tamping   bar,  use    forbidden,    penalty 

4212. 

Irredeemable    university  fund,  how    consti- 
tuted, and  maintained  4653. 
Irregularity,  not  affecting  substantial  rights, 

not  ground  for  dismissal  of  appeal  5388. 
Irrigation  districts  may  be  consolidated,  how, 

when  4786.     See  Water. 

Irrigation  districts,  organized,  how  3431-3442. 
Irrigation,  eminent  domain  for  5606. 
Injunction  suits  affecting,  bond  5145. 
State  board  of,  members  and  powers  4692- 

4694,  4706. 
Issuance  and  sale  of  irrigation  bonds,  how 

conducted  4745-4747.     See  Water. 
Issuance  medical  certificates,  made  when,  by 

whom,  how  2363-2367. 
Issue.     See  Civil  Practice. 


Jails  1762,  1646,  232,  5497,  7603.     See    State 

Prison    and    Jails,    County    Government, 

County  Commissioners,  Sheriff. 
Janitor  of  state  library  and  capitol  building 

3962-3964. 

Jeopardy,  not  to  be  twice  put  in  for  same 
offense  175,  237. 

Once  in,  bar  7113. 
Jewelers  and  watch  repairers,  bailments  530, 

531. 


2443 


INDEX 


Jury 


Joinder  of  causes  of  action  5039. 
Joint  convention  of  senate  and  assembly  for 
election   of   U.  S.  senator   1908-1913.     See 
Elections. 

Joint  debtor.     See  Civil  Practice. 
Joint  property,  liable  on  execution  if  part  of 
defendants  jointly  liable  are  served  5031. 
Liable  for  satisfaction  of  judgment  on  joint 

contract  52N2. 
Joint-stock    companies.     See    Corporations, 

338-344,  1105-1440. 
Joint  tenants,  may  bring  action  for  partition 

5527. 
Judge.     See  Civil  Practice,  District  Courts, 

Supreme  Court. 

Before  removal  from  office  by  legislature, 
shall    have  opportunity  to  be    heard   in 
person  or  by  counsel  336. 
Defined  6294(15). 
Except  justice  of  the  peace  or  city  recorder, 

not  to  receive  fees  to  his  own  use  :'.25. 
For  reasonable  cause  may  be  removed  on 
two-thirds  vote   of   members  elected   to 
each  branch  of  the  legislature  336. 
Legislature  shall  not  grant  leave  of  absence 
t<»,  absence  from  state  for  90  days  vacates 
office  3-°,!'. 
Liable  to  impeachment  for  misdemeanor  or 

malfeasance  3.' 15. 

Not  to  charge  jury  in  respect  to  matters  of 
fact,  but  may  state  testimony  and  declare 
the  law  329. 

To  be  served  with  complaint  on  proceed- 
ings before  legislature  for  removal  from 
office  336. 

Judgment.    See  Civil  Practice,  Criminal  Prac- 
tice, Justice's  Court. 

Civil  5236-5251,  52<><;-.VJ7'.».  See  Civil  Prac- 
tice. 

Confession  of  5249-5251.    See  Civil  Practice. 
Constable,  purchasing,  penalty  2821. 
District  court,  how  rendered  'and  entered 

022. 

In  civil  cases,  when  may  be  entered  4842. 
Power  to  enforce  4864. 
On  claim  against  estate  5974,  5976. 
On  impeachment,  effect  335. 
Removal  from  office  6905. 
Supreme  court,  not  effective  until  opinion 

filed  376. 

Judgment  debtor.     See  Civil  Practice. 
Judgment  docket.     See  Civil  Practice,  Crimi- 
nal Practice. 
Judgment  roll,  what  to  constitute.     See  Civil 

Practice. 

Judicial  days  for  courts  4869, 4870. 
Judicial    department,  article  in  constitution 

on  316-333. 
Coordinate,  not  to  exercise    legislative    or 

executive  functions  258. 
Judicial  districts,  act  creating  4901-4905. 
Judicial  districts,  provided  for  bv  legislature 

320. 

Legislature  to  establish  320. 
Judicial  notice,  courts,  when  to  take,  of  what 

775,  5072. 
Judicial  notice,  of  what  taken  on  indictment 

7062,  7063. 

Judicial  officer,  fees  to  own  use  not  to  receive, 
except  by  justice  of  peace  or  recorder  325. 
Impeachment  of  335. 


Judicial  officer— continued. 

Leave  of  absence  not  to  be  granted  to  332. 
Legislature  may  remove  from  office  336. 
Superseded  on  election  of  successor  333. 
Judicial  power,  in  what  courts  vested  316. 
Judicial  power,  of  state,  where  vested  316. 
Of  United  States,  where  vested  153-155. 
Judicial  proceedings,  authentication  of ,  under 

act  of  Congress  526. 
Judicial  records,  proof  of  5408-5412.   See  Civil 

Practice. 

Juries.  See  Jury,  Grand  Jury,  Civil  Practice. 
Local    or  special  laws  for  summoning   or 

impaneling,  not  to  be  passed  27S. 
Persons    convicted  of   certain  crimes    ex- 
cluded from  285. 
Jurisdiction    of   courts,  bankruptcy,  federal 

and  state  courts  544,  565,  566.  " 
District  courts  321,  4840,  4849. 
Federal,  over  land  within  state  1949-1952. 
Indictment,  question  how  and  when  raised 

7106. 
Justice's    court,  civil    323,    5714;    criminal 

323,  4851,  7440. 
Municipal  courts  324. 
Recorder's  court  324,  485.°,,  4854. 
Supreme  court,  appellate  319,  4832,  4833; 
original  319,  4834.      See  Supreme  Court, 
District  Court,  Justice  of  the  Peace,  Re- 
corder's Court,  Civil  Practice. 
Jurors.    See  Civil  Practice,  Jury,  Grand  Jury. 
Jury.     See  Grand  Jury. 
Trial  jury,  (District   Court),  general    pro- 
visions. 

Actual  bias,  defined  7147. 
Age  exemption  4941. 
Agreement  by  three-fourths  binding  232. 
Board  and    lodging,  expense    taxed    as 

costs  4942,  5208. 
Box  exhausted,  commissioners  to  select 

additional  4940. 
Box,  kind  and  character,  judge  to  approve 

5204. 

Bribery  of,  penalty  6320,  6323. 
Charge  to,  restrictions  as  to  fact  and  law 

327. 

Commissioners  to  select  jurors  4939. 
Conviction  of    high   crime,  disqualifica- 
tion (Nev.  Const.)  285. 
Discharge,  final    adjournment    of    court 

7212. 

Discharge  of  excess  number  4936. 
Discharge,  may  be    on    nonjudicial  day 

4870. 
Discretion  to  exclude  certain  names  in 

drawing  panel  4930. 
Drawing  after  box  exhausted  4940. 
Drawing    and    summons    of    panel,  how 

done  4930,  4939. 
Elector  must  be  4929. 
Embracery,  penalty  for  6323. 
English  language,  must  have  knowledge 

of  4929. 

Excess  number  discharged  4936. 
Excuse  of  juror  for  cause  4933. 
Exemption    from    duty,  who  entitled  to 

3356,4612,4932,4941. 
Exemption,  military  service,  false  claim, 

penalty  4016. 

/Expense  of  board  and  lodging  taxed  as 
costs  2035,  4942,  5208. 


Jury 


INDEX 


2444 


Jury,  trial— continued. 

Expense  of,  charge  against  county  govern- 
ment 7204,  7205. 

Failure  of  juror  to  attend,  penalty  4934. 
fFees  of  jurors  200],  2013. 
'  Jury  box  4930,  4938,  4950. 
Juror  asking  or  receiving  bribe  6320,  6323. 

Influencing  or  attempting  to  influence 
unlawfully  6323. 

Not  serving  may  be  drawn  again  4939. 

Keceiving    communication   unlawfully 
6324. 

Unlawful  promise  or  agreement  of  6324. 

Word  includes,  what  6294(25). 
Legislature  may  require  unanimous  ver- 
dict 232. 

List  of,  commissioners  to  select  4937. 
List  of  names  on  slips  4938. 
List  drawn  to  be  made,  certified  and  filed 

4930. 

List  drawn  open  to  inspection  4930. 
May  be  waived  232. 
Mileage  and  per  diem  2001,  2013,  4935. 
Misconduct   of    officer    drawing,    or    in 

charge  of  6325,  6327. 

Number  of  trial  jurors  to  be  drawn  4930. 
Officer  drawing,  misconduct  of  6325. 
Officer  in  charge  of  jury,  misconduct  of 

6327. 
Open  venire,  when  and  how  summoned 

4940. 
Panel  of  trial  jurors,  when  and  how  drawn 

4930. 

Per  diem,  and  mileage  2001,  2013,  4935. 
Penalty  for  nonattendance  of  juror  4934. 
Persons  excluded  from  (Const.)  285. 
Qualifications  285,  4929. 
Regular  panel  of  trial  jurors  4930. 
Return  of  sheriff  on  venire  4930. 
Selection  of  jurymen  by  commissioners, 

how  made  4939. 

Sickness,  juror  excused  for  4933. 
Sheriff  to  summon  venire  4939,  4930. 
Soliciting  jury  duty,  penalty  for  6326. 
Subornation  of,  penalty  6323. 
Trial  by,  guaranteed  232. 
Venire  to  issue  to  sheriff  4930. 
Verdict,  may  be  received  on  nonjudicial 

day  4870. 
Verdict,    unanimous,    legislature     may 

require  232. 
Waiver  of,  may  be  232. 
Trial  jury,  special  provisions  (civil  trial), 

accident  preventing  verdict,  retrial  5216. 
Additional  jurors  drawn  and  summoned, 

when  5204. 
Adjournment   of  court   during    absence 

5217. 

Agreement  during  recess  of  court  5217. 
Apartments  and  food  for,  sheriff  to  pro- 
vide 5208. 

Assent  to  verdict  in  open  court  5218,  5220. 
Ballots    exhausted    before    completion, 

others  drawn  and  summoned  5204. 
Board  and  lodging,  expense  of  taxed  as 
.  costs  2035. 
BOX,  for    names    of    jurors    summoned, 

judge  to  approve  kind  5204. 
Challenge  for  cause,  grounds  285,  5206. 
Challenge  for  cause,  how  tried  5207. 
Challenge  to  individual  jurors,  kind  5205. 


Jury,  trial— continued. 

Charge  to  jury,  settlement  of  5210. 
Charge  to  jury,  what  to  state  327,  5212. 
Clerk  to  draw  twelve  names  5204. 
Clerk  to  prepare   ballots    of   names   of 

jurors  summoned  and  deposit  in  box 

5204. 

Clerk  to  record  verdict  5220. 
Communication  with  jury  forbidden,  ex- 
ception 5213. 

Consent  to  jury  of  less  than  twelve  5204. 
Consist  of  twelve,  proviso  for  less  5204. 
Correction  of  verdict  when  informal  or 

defective  5219. 

Court  to  try  challenge  for  cause  5207. 
Custody  of  jury  5208,  5213. 
Defective  verdict,  procedure  5219. 
Deliberations  of  5213. 
Discharged    for  sickness  of  juror,  when 

5209. 
Discharged,  may  be,  on  nonjudicial  day 

4870. 

Duty  of  officer  in  charge  5213. 
Entry  of  verdict  5220,  5222,  5225. 
Examination  as  to  qualifications  5204. 
Exclusive  judges  of  fact,  charge  to  state, 

when  327,  5212. 
Excused  jurors,  names  not  to  be  put  in 

box  5204. 

Exhibits,  may  take  on  deliberation  5214. 
Expense  of  board  and  lodging,  taxed  as 

costs  2035. 
Fact,  court  not  to  charge  concerning  327, 

5212. 

Failure  to  agree,  again  sent  out  5220. 
Foreman  to  declare  verdict  5218. 
Four  may  constitute  jury  by  consent  5204. 
General  verdict,  defined  5221. 
Grounds  of  challenge  for  cause  285,  5206. 
Impaneled,  how  5204-5207. 
Inconsistent    verdicts,    special    controls 

general  5222. 

Information  of  court,  may  request  5215. 
Informal  verdict,  procedure  5219. 
Instructions,  further  may  request  5215. 
Instructions  to,  settlement  of  5210. 
Judge  to  approve  jury  box  5204. 
Jury  box,  kind,  judge  to  approve  5204. 
Jury  trial  guaranteed  232. 
Kinds  of  challenge  5205. 
Misconduct  of  officer  drawing  or  in  charge 

6325,  6327. 

Must  be  more  than  four  5204. 
Not  to  separate  5208. 
Number  of  peremptory  challenges  5205. 
Number  of  to  constitute,  twelve  or  less 

5204. 

Oath  of  jurors  5208. 
Officer  in  charge,  duties  of  5213. 

Parties  may  have  representatives  with 
5213. 

Penalty  for  misconduct  6327. 
Officer  drawing,  misconduct,  penalty  6325. 
Order  of  trial  before  5210. 
Papers,  or  copies  or  notes,  may  take  on 

deliberations  5214. 
Parties  may  appoint  persons  to  be  with 

officer  in  charge  5213. 
Parties  may  consent  to  separation  5208. 
Parties  united  to  join  in  challenge  5205. 
Peremptory  challenges,  number  of  5205. 


2445 


INDEX 


Jury 


Jury,  trial — continued. 

Persons  excluded  from  (Const.)  285. 
Polled,  may  be  5218,  5220. 
Premises  or  property,  view  of  5211. 
Qualifications,  examination  as  to  5204. 
Replevin,  action  in  verdict,  form  of  5224. 
Sealed  verdict,  when  may  return  5217. 
Separation  of,  parties  m  ay  consent  to  5208. 
Sheriff  to  have  charge  of  5208. 
Sheriff  to  prepare  apartments  and  food 

4942,  5208. 

Sickness  of  juror,  procedure  5209. 
Special  and  general  verdict  inconsistent 

5222. 

Special  verdict,  defined  5221. 
Special  verdict,  when   may  be  required 

5222. 

Subornation  of,  penalty  for  6323. 
Summoned  and  not  excused,  names  to  be 

put  in  box  5204. 
Testimony,  statement  of   in  charge,  rule 

concerning  327,  5212. 
Three-fourths  may  agree  on  verdict  232, 

5220. 

Trial  hefore,  order  of  proceedings  5210. 
Trial  of  dial  lenge  forcause,  \vitnesses5207. 
Twelve  constitute  jury,  less  by  consent 

5204. 

Verdict,  action  for  recovery  of  personal 
property  5221. 

Failure  to'  render,  retrial  52 Hi. 

For  money  damages  522.".. 

General  or  special,  defined  5221. 

General  or  special,  when  maybe  ren- 
dered 5222. 

How  rendered  5217,5218. 

Informal  or  defective  521'.». 
Nonjudicial    day,  may    he  received  on 

Recorded  and  read  to  5220. 
Sealed,  when  may  return  5217. 
View  of  property  or  premises  5211. 
Trial  by  jury,  special   provisions,  criminal 
trial,  acquittal    advised  by  court,  jury 
may  disregard  720:5. 

Acquittal,  by,  judgment  for  insanity  7217. 
Adjournment  of  court  during  submission 

7211,  7212. 

Agreement  of,  return  into  court  7213. 
Board  and  lodging,  county  charge  7204, 

720.1. 
Call  of  jury,  part  not  appearing,  retrial 

7213. 
Challenge  to  individual  juror,  actual  bias. 

defined  7147. 

Before  juror  sworn  7140,  7142. 
Court  to  allow  or  disallow  7155. 
Defendant    informed    of    rights    as    to 

7140. 

Denial  of,  trial,  witnesses  7152-7154. 
For  actual  or  implied  bias,  how  taken 

TISfc 

For  cause,  by  defendant  first  7156. 
Each  party  must  exhaust  7156. 
General  7146. 

General  or  particular  7145. 
Order  of  taking  7157. 
Particular  7147,  7148. 
For  implied  bias,  grounds  for  7148. 
Exception  to,  denial  of,  and  trial  of 
7151. 

154 


Jury,  trial— continued. 

Challenge,  for  implied  bias,  exemption 

not  grounds  for  7149. 

Grounds  for,  implied  bias  7148. 
Implied  bias,  defined  7147. 

Grounds  for  7148, 

Joint  defendants  must  join  in  7130. 

Kinds  7129,  7141. 

May  be  oral  7150. 

Number  of  peremptory  7144. 

Opinion    founded  on  rumor  or  public 
press  7150. 

Order  of  taking,  for  cause  7157. 

Order  of  taking,  peremptory  715S. 

Peremptory,  defined  714:>. 
How  taken  714,*>. 
Number  allowed  7144. 
Order  of  taking  7158. 
When  to  he  taken  7140,  7142. 
Challenge  to  panel,  amendment  to  7136. 

Bias  of  officer  summoning  71.'5S. 

Bv  joint  defendants  7  I .'10. 

Defined  7132. 

Denial  of,  court  to  try  question  7137. 

Effect  of  allowing  or  disallowing  7138. 

Exception  to,  court  to  try  71">5. 

Exception  to.  how  taken  7 1.' 5 5. 

Exception,  withdraual  of  7i:>(>. 

l-'or  bias  of  oflicer  summoning  7138. 

Grounds  for  71:5:',,  7I.">S. 

.Joint  defendants,   must  join  in  7130. 

Kinds  712'.),  7141. 

When  and   how  taken  ,  l.'JL 
Charge  to  715<>,  71  US. 

Conduct   after  submission  to   7204,  7212. 
Deciding  by  lot,  ground  new  trial  7234. 
Degree  of  crime,  to  determine 6290,  7218, 

721!). 
Denial    of  challenge,    court    to   try   7137, 

7152,  7154. 
Disagreement  7221. 
Discharge  after  verdict  7224. 
Discharged,  after  deliberation,  for  what 
causes  720S. 

After  submission,  when  may  be  7209- 
7212. 

May  be  on  nonjudicial  day  4S70. 

Sickness  of  juror  7208. 

Without  verdict,  retrial  7224. 
Evidence  received  out  of  court,   ground 

new  trial  7234. 
Exemption,  for  what  allowed  3350,  4016, 

4612,  4932,  4941. 
Exception  to  challenge,  court  to  try  7135. 

How  taken  7135. 
Expense  of   board  and  lodging,  charge 

against  county  government  7204,  7205. 
Fact,  to  decide  7197. 
Final  adjournment,  discharges  7212. 
Food    and    lodging,   sheriff    to    provide 

4942,  7204,  7205. 
Form  of  verdict  7216. 
Formed  as  in  civil  actions  7124. 
How  polled  7223. 
Informal  verdict  not  to  be  recorded,  when 

7221. 

Informal  verdict  reconsidered  7221,  7222. 
Informal  verdict,  when  deemed  acquit- 
tal 7222. 
Instructions    and    papers,   may  take  on 

retiring  to  deliberate  7206. 


Jury 


INDEX 


2446 


Jury,  trial — continued. 
Instructions  to  7198. 
Judge  of  credibility  7451. 
Juror  as  witness  7190. 
Jury  trial  guaranteed  232. 
May  be  polled  7223. 
May  disregard  advice  of  judge  to  acquit 

7203. 

May  return  for  further  instructions  7207. 
May  separate,  when  7192,  7193. 
Misconduct  of,  ground  new  trial  7234. 
Misconduct  of  officer  in  charge,  penalty 

6327. 

Misdirection  of,  ground  new  trial  7234. 
Must  be  kept   together  after   case  sub- 
mitted 7201. 
Not  bound  to  acquit  on  advice  of  court 

7203. 
Officer  in  charge,  duties,  liability  6327, 

7192,  7201. 
Panel  defined  7131. 

Permitted  to  separate,  admonished  7193. 
Reconsideration  of  verdict  7221. 
Return  to  court  after  agreement  7213. 
Room  for,  county  charge  7204. 
Room  to  be  provided  for  7204. 
Separating  without   leave,  ground   new 

trial  7234. 

Separation,  permission  for  7193. 
Sheriff  to  provide  food  and  lodging  7205. 
Sickness  of  juror  after  trial  begun  or  sub- 
mission to  7194,  7208. 
Special  inquiry  into  sanity  by  7271. 
Trial  of  challenge  by  court  7137,  7138. 
Verdict,  acquittal  by  reason  of  insanity, 
effect  7217. 

Acquittal  advised  by  court,  may  dis- 
regard 7203. 

Declaration  of  7215. 

Form  of  7216. 

Nonjudicial  day,  may  be  received  on 
4870. 

Of  conviction,  must  be  specific  7222. 

Presence  of  defendant  7214. 

Read  to  7224. 
Waived,  when  7122. 
View  by  7191. 

When  may  separate  7192,  7193. 
Where  may  deliberate  on  case  7201. 
Witness   may  be   7190.     See   Civil   and 

Criminal  Practice  Acts. 
Trial    jury   (Justice's   Court),  civil    trial, 

agreement  by  three-fourths  232. 
Challenge  for  cause,  grounds  5206,  5768. 
Challenge  for  cause,  how  tried  5768. 
Challenges,  kinds  5768. 
Expenses   of  board   and    lodging,  how 

taxed  as  costs  2035. 

Grounds  of  challenge  for  cause  5206, 5768. 
Issue   of   fact,  tried   by   unless   waived 

5765. 

Justice  to  try  challenge  for  cause  5768. 
May  be  waived,  how  5766. 
Misconduct  of  officer  in  charge  6327. 
Number  of  5768. 

Peremptory  challenges,  number  of  5768. 
Summoned,  how  5768. 
Trial  of  challenge  for  cause  5768. 
Verdict  5773. 
Waiver  of,  how  5766. 


Jury,  trial— continued. 

Trial  jury  (Justice's  Court) ,  special  provis- 
ions, criminal  trial,  challenge,  trial  of 
7486. 

Deliberation  of  7488. 
Discharged,  when  7492. 
Fact,  to  decide  7487. 
Formation  of  7124. 
Jury  discharged,  retrial  7493. 
Misconduct  of  officer  in  charge  6327. 
Number,  how  summoned  7122,  7483. 
Number  in  misdemeanor  trial  7122. 
Oath  of  7485. 

Oath  of  officer  in  charge  7488. 
To  decide  fact  7487. 
To  sit  together  7486. 
Verdict,  entry  7489. 
Waiver  of  7122. 
When  discharged  7492.     See  Civil   and 

Criminal  Practice  Acts. 
Justice's  court,   and  justice  of  the  peace. 

(Civil  Practice.) 
Absence  of  justice  of  the  peace,  another 

may  attend  in  his  behalf  4926,  5811. 
Abstract  of  judgment  in  justice's  court, 
filed  in  recorder's  office  creates  lien 
on  land  5782. 

May  be  obtained  and  entered  in  docket 
of  district  court  and  execution  issued 
to  other  counties  5779. 
Account,  copy  of  as  complaint  in  justice's 

court  5736. 

When  inspection  and  copy  may  be 
ordered  in  action  in  justice's  court 
5760. 

Action,  appeal  from  justice's  court,  power 
of  district  court,  dismissal,  damages, 
costs,  judgment  5794. 
Civil,  how  commenced  in  justice's  court 

5722. 

Civil,  in  justice's  court,  adjournment 
not  to  be  for  more  than  ten  days 
unless  upon  undertaking  condi- 
tioned for  payment  of  judgment 
5760. 
Alias  summons  may  issue,  time  for 

appearance  5729,  5730. 
Amendment  to  complaint  or  answer 

may  be  allowed  5741. 
Amendment  to  pleadings,adjournment. 
costs,  relief  from  judgment  by  de- 
nial 5742. 
Answer   and   what   to   contain   5735, 

5738. 
Answer     or     demurrer     allowed     to 

amended  pleadings  574.'i. 
Arrest  of  defendant,   must  give  un- 
dertaking before  applying  for  post- 
ponement 5759. 

Complaint  defined  and  what  to  con- 
tain 5736. 

Court  to  try  issue  of  law  5764. 
Defendant    may    appear    and    waive 

summons  5724. 

Demurrer  to  complaint  5735,  5737. 
Entry  to  be  made  in  docket  of  date 
of    trial    or    hearing    and    mailing 
notice  5733. 
Failure   of   either   party   to   appear, 

trial  may  proceed  5767. 
How  guardian  appointed  when  neces- 
sary 5726. 


2447 


INDEX 


Justice's  court 


Justice's  court,  action  —  continued. 
How  judgment  entered  5775. 
II<»w  jury  waived  5766. 
If  defendant  fails  to  sot  up  counter- 
claim   he    cannot    afterwards    sue 


Judgment    taken    by    mistake,    inad- 

vertence or  excusable  neglect  may 

be  set  aside  5741!. 
Jury,  how  summoned  and  challenged 

5768, 
Limitation    of    service    of    summons 

5731. 
Notice    of    hearing    after    service    of 

summons  or  appearance  5733. 
Parties  entitled  to  one  hour  in  which 

to  appear  after  time  tixed  in  notice 

5733. 
Parties  may  appear   in  person  or  by 

attorney  5725. 
Place  of  trial  r.71"i. 
Pleadings  and  form  of  ."i7:i1.  5735. 
Postponement     of    trial     by    consent 

5758. 
Postponement  of  trial  on  application 

of  party,  grounds,  procedure  5759. 
Proceedings  on  demurrer  to  complaint 

or  answer  5741. 
Summons,    how   served,   directed   and 

what  to  contain  ."L'T. 
Summons,  how  served  by  publication 

5732. 
Summons  to  be  served  out  of  town  to 

have  corliticate  and  seal  of  county 

clerk  attached  5732. 
Time  for  appearance  of  defendant  to 

be  specified  in  summons  r>728. 
Vacancy  does  not  affect  4884. 
Voluntary    appearance    and    pleading 

without  summons  ."71.". 
What    statement   on   appeal   on   ques- 

tions  of   law    alone   must   contain, 

amendments  and  settlement  5789. 
When  admission  that  evidence  would 

be  given  avoids  postponement  5789. 
When  attachment  to  issue  5749,  5750. 
When  consent  to  taking  of  testimony 

or  admission  that  it  would  be  given 

avoids  postponement  5759. 
When  court  may  postpone  5757. 
When  defendant  may  be  arrested  5744. 
When  order  for  inspection  of  written 

instrument  may  be  made  5769. 
When  plaintiff  may  demur  to  answer 

5740. 
When    postponement    discharges    de- 

fendant from  arrest  5759. 
Action,  civil,  judgment  by  confession  may 

be  entered  in  justice's  court  5771. 
Justice  of  the  peace  to  receive  all  money 
collected  by  sheriff  or  constable  and 
pay  same  to  parties  entitled  5810. 
Justice's  court  to  which  transferred  has 

same  jurisdiction  5719,  5720. 
Transfer  of  from  justice's  court  to  dis- 

trict court  5721. 

Trial    by    jury    secured    but    may    be 

waived  CNev.  Const.,  art.  i,  sec.  3)232. 

Action  for  claim  and  delivery  in  justice's 

court  5124,  5135,  5753. 
For  collection  of  taxes  not  over  $300, 
justice's  court  has  jurisdiction  5714. 


Justice's  court,  action — continued. 

For  enforcement  of  mechanic's  lien 
where  amount  exclusive  of  interest 
does  not  exceed  $300,  justice's  court 
does  not  have  jurisdiction  5714. 

For  possession  of  land  unlawfully  ob- 
tained or  withheld,  justice's  court  has 
jurisdiction  5714. 

For  possession  of  land  where  relation 
of  landlord  and  tenant  exists,  justice's 
court  has  jurisdiction  5714. 
Action,  in  justice's  court,  abstract  of  judg- 
ment filed  in  recorder's  office  creates 
lien  on  land  4782. 

P.y  whom  and  how  summons  served  and 
returned  5732. 

Certain  sections  made  applicable  5732. 

Certificate  of  county  clerk  to  writ  of 
f      attachment    for    service    in    another——3 
county  57.~i1. 

Copy  of  note  or  instrument  admitted 
unless  denied  in  verified  answer  5770. 

Deposit  may  be  made  in  lieu  of  under- 
taking 5816. 

Kntry  of  judgment  after  demurrer  and 
failure  to  answer  5755. 

Kx  eoution.  duty  of  officer  receiving  5786. 

K \eeut  ion  may  be  renewed  or  alias 
issued  5785. 

i:\ocution  to  issue  by  county  clerk  to 
other  counties  on  abstract  of  judg- 
ment docketed  in  district  court  5781. 

Fees  of  attorney  recoverable  as  costs 
5814. 

For  recovery  of  money  or  damages, 
when  defendant  may  be  arrested 5744. 

If  amount  found  due  exceeds  jurisdic- 
tion party  may  remit  excess  5776. 

Issuance  and  stay  of  execution  5783. 

Issue  of  fact  to  be  tried  by  jury  unless 
waived.  5765. 

Judgment  of  dismissal  may  be  entered 
without  prejudice  in  certain  cases 
5772. 

Judgment  to  be  entered  at  close  of  trial     . 
if  no  jury  5774. 

Judgment  to  be  entered  at  once  in  con- 
formity to  verdict  5773. 

Judgment  upon  default  5754,  5755. 

No  statement  required  on  appeal  to  dis- 
trict court  on  questions  of  fact  or 
both  law  and  fact  5790. 

Offer  to  allow  judgment,  when  further 
costs  not  recoverable  5777. 

Place  of  trial  may  be  changed  in  certain 
cases  or  another  justice  called  5716, 
5718. 

Pleadings,  issues  of  law  and  fact  de- 
fined 5761-5763. 

Proceedings  after  order  changing  place 
of  trial  5719. 

Undertaking  on  appeal,  requirements 
with  or  without  stay,  deposit,  justi- 
fication of  sureties  5792. 

Waiver  of  objection  that  it  is  in  wrong 
township  5772. 

What  entries  to  be  made  in  docket 
5800. 

What  execution  must  contain  4784. 

What  notice  of  appeal  from  judgment 
must  contain  5788. 


Justice's  court 


INDEX 


2448 


Justice's  court,  action — continued. 

What  papers  to  be  transmitted  on 
appeal  to  district  court  5791. 

What  provisions  of  civil  practice  act 
are  applicable  5815. 

When  place  of  trial  cannot  be  changed 
more  than  once  on  motion  of  same 
party  5717. 

When    trial    must    be    commenced    and 
.        how  continued  5756. 
r*  Who  entitled  to  costs  5813. 
/  Action,  involving  title  to  real  property  or 

legality  of  tax,  impost,  assessment,  toll 

or  municipal  fine  not  to  be  tried  in  jus- 
tice's court,  5721. 

Action,  justice  of  the  peace  may  issue 
citation  or  other  process  on  docket 
of  predecessor  5805. 

May  issue  subpena  and  final  process  to 
any  part  of  county  5808. 

May  require  deposit  or  undertaking  as 
security  for  costs  before  issuing  sum- 
mons 5812. 

On  appeal  to  district  court,  provisions 
relating  to  change  of  place  of  trial 
applicable  5794. 

Admission,  of  making  of  note  or  instru- 
ment in  justice's  court  unless  denied 
by  verified  answer  5770. 

That  evidence  would  be  given,  when 
avoids  postponement  of  civil  action  in 
justice's  court  5759. 

Adjournment,  entry  regarding  to  be  made 
in  justice's  court  docket  5800. 

In  justice's  court  not  to  be  for  more 
than  ten  days  unless  upon  undertak- 
ing conditioned  for  payment  of  judg- 
ment 5760. 

On  amendment  of  pleadings  in  justice's 
court  if  necessity  for  be  shown  under 
oath,  costs  5742. 

When  civil  action  to  be  continued  with- 
out in  justice's  court  5756. 
Affidavit,  for  change  of  place  of  trial  in 
justice's  court  5716. 

For  arrest  of  defendant  in  civil  action 
in  justice's  court  5745. 

For  attachment  in  civil  action  in  jus- 
tice's court  5747,  5749. 

Of  evidence  expected  to  be  obtained  on 
application  for  postponement  of  civil 
action  in  justice's  court  5759. 

Showing  cause  for  setting  aside  judg- 
ment in  justice's  court  5742. 
Alias  execution  in  justice's  court  5785. 
Alias  summons  in  civil  action  in  justice's 

court  may   issue,  time  for  appearance 

5729,  5730. 
Alias  venire  for  jurors  in  civil  action  in 

justice's  court  5768. 
Allegation   in   complaint  controverted  by 

answer  and  allegation  of  new  matter 

in  answer,  when  raises  issue  of  fact  in 

justice's  court  5763. 
Alphabetical  index  to  docket  in  justice's 

court  required  to  be  kept  5802. 
Amendment,   failure  to   make  after   sus- 
taining demurrer  to  complaint  in  jus- 
tice's court,  action  may  be  dismissed 
5772. 

May  be  allowed  to  complaint  or  answer 
in  justice's  court  5741. 


Justice's  court,  amendment — continued. 

Of  pleadings  in  civil  action  in  justice's 
court  5742. 

Of  pleadings  in  justice's  court,  answer 
or  demurrer  allowed  to  5743. 

Of  pleadings,  when  postponement 
allowed  in  action  in  justice's  court 
5757. 

To  statement  on  appeal  on  questions  of 
law  alone,  when  to  be  filed  in  justice's 
court  5789. 

Answer,  allowed  to  amended  pleadings  in 
justice's  court  5743. 

In  civil  action  in  justice's  court,  what 
to  contain  5735,  5738. 

New  matter  in,  raises  issue  of  fact  in 
justice's  court  in  absence  of  demurrer 
5763. 

Summons  in  justice's  court  to  contain 
direction  that  defendant  appear  and 
answer  5727. 

Verified  in  justice's  court  showing  title 
of  real  property  or  legality  of  tax, 
impost,  assessment,  toll  or  municipal 
fine  involved,  case  to  be  transferred 
to  district  court  5721. 

With  verified  denial  required  in  jus- 
tice's court  or  written  instrument  will 
be  admitted  5770. 

Appeal,  and  notice  of  appeal  from  judg- 
ment in  justice's  court,  what  must 
contain  5788. 

For  failure  to  prosecute,  district  court 
after  notice  may  order  dismissal  with 
costs  and  damages  5794. 

From  justice's  court  disregarded  upon 
failure  of  sureties  to  justify  5792. 

From  justice's  court,  final  4840. 

From  justice's  court,  in  district  court 
either  party  may  have  benefit  of  ob- 
jections 5791. 

From  justices  court,  legislature  may 
prescribe  regarding  (Nev.  Const,  art. 
vi,  sec.  8)  323. 

From  justice's  court,  money  transmitted 
to  clerk  in  lieu  of  undertaking  to  be 
paid  out  on  order  of  district  court 
5792. 

From  justice's  court,  on  questions  of 
fact  or  both  law  and  fact,  not  state- 
ment but  trial  anew  5790. 

From  justice's  court,  undertaking  on, 
requirement  with  or  without  stay,  de- 
posit, justification  of  sureties  5792. 

From  justice's  court,  what  papers  to  be 
transmitted  to  district  court  5791. 

From  justice's  court,  when  stay  of  exe- 
cution to  be  ordered,  when  officer  to 
relinquish  property  5793. 

Judgment  rendered  on  has  same  force 
as  other  judgments  in  district  court 
5794. 

Notice  and  bond  on,  entry  in  justice's 
court  docket  5800.  , 

On  questions  of  law  alone  on  judgment 
in  justice's  court,  what  statement  must 
contain,  amendments  and  settlement 
5789. 

Reversal  of  judgment  taken  on  over- 
ruling of  objection  that  action  in  jus- 
tice's court  is  in  wrong  township  5772. 


2441J 


INDEX 


Justice's  court 


Justice's  court,  appeal — continued. 

To  district  court,  provisions  relating  to 

change   of   place   of   trial    applicable 

5794. 
Appearance,  defendant  may  appear  in  jus- 

1  ire's  court  and  waive  summons  5724. 
Failure   of   defendant   to   make   within 

one    hour    ground    for    dismissal    of 

action  in  justice's  court  5772. 
Failure  of  either  party  to  make  in  jus-* 

tiro's  court,  trial  to  proceed  5707. 
Fa  i  lu  iv  lo  make  injustice's  court  waives 

jury  5700. 
Time  for  of  defendant  to  be  specified 

in   alias    summons    iu   justice's  court 

571".  >.  .1730. 
Time  of  to  be  entered  in  justice's  court 

docket  5800. 

Voluntary  without  summons  in  justice's 

court  5715. 

Arrest,  of  defendant  in  certain  civil  actions 
in  justice's  court  571  I. 

Of  defendant  in  civil  action  in  justice's 
court,  allidavit  and  undertaking  5745. 

Of  defendant  in  civil  action  in  justice's 
court,  must  give  undertaking  before 
applying  for  postponement  5759. 

Of  defendant  in  civil  action  in  justice'? 
court,  oliicer  must  give  notice  to  plain- 
tiff, return  5747. 

Of  defendant  in  civil  action  in  justice's 
court,  to  he  detained  until  discharged 
by  justice  5748. 

Of  defendant  in  civil  action  in  justice's 
i.  to  bo  stated  in  judgment  5775. 

of  defendant  in  civil  action  in  justice's 
court,  to  be  taken  before  justice,  when 
to  he  taken  before  another  justice 
5746. 

of  defendant  in  civil  net  ion  in  justice's 
court,  when  postponement  discharges 
ni  575!  >. 

Of  defendant  in  civil  action  in  justice's 
court,  when  subject  to  on  execution 
5759. 

Of  elector  on  civil  process  not  to  be  made 
on  election  day  (Nev.  Const,  art.  ii, 
sec.  4)  253. 

Of  person  charged  with  contempt  by 
justice's  court  5707. 

On  civil  process,  members  of  legislature 
exempt  from  during  session  and  for 
15  days  before  ( Nev.  Const,  art.  iv,  sec. 
11)  200. 

Order  of  in  civil  action  to  be  entered 

in  justice's  court  docket  5800. 
Assessment,  if  legality  of  involved  in  jus- 
tice's court,  case  to  be  transferred  to 

district  court  for  trial  5721. 
Assignee  cannot  sue  on  counterclaim  not 

set  up  in  justice's  court  5739. 
Attachment,    in    civil    action    in   justice's 
court,  undertaking,  exception  to  sure- 
ties, justification,  waiver  5750. 

In  civil  action  in  justice's  court,  under- 
taking for  release  of  5751. 

In  justice's  court,  certain  sections  made 
applicable  5752. 

May  issue  on  nonjudicial  day  4870. 

When  issued  in  civil  action  in  justice's 
court  5749,  5750. 


Justice's  court,  attachment  —  continued. 

Writ  of  in  civil  action  in  justice's  court, 
substance  of,  several  may  be  issued 
to  different  sheriffs  5751. 
Writ  of   in  justice's  court  for  service 
in  another  county  to  have  certificate 
under  seal  of  county  clerk  5751. 
Writ  of.  issuance  to  be  noted  in  justice's 

court  docket  5800. 
Attorney,  any  person  except  constable  may 

appear  as  in  justice's  court  5725. 
Authority  of,  to  bind  client  507. 
Fee  of  attorney  recoverable  as  costs  in 

justice's  court   5X14. 
Name  of  plaintiff's  to  be  indorsed  on 

summons  in  justice's  court  5727. 
Notice    of    hearing    in    justice's    court, 

when  to  be  given  to  5735. 
Authentication  r.f  records,  federal  act  con- 

cerning .~>i'0-r>i".>. 
Bill,    ropy    of.    as   complaint    in   justice's 

court  57.">o. 

Bill  of  exchange,  or  otiior  Instrument, 
when  admitted  in  justice's  court  unless 
denied  by  verilied  answer  5770. 
Blanks  must  be  tilled  in  all  papers  except 
subpena  before  issuance  by  justice  of 
the  peace  580!  >. 

Bond,    action    upon,    justice's    court    has 
jurisdiction  if  amount  does  not  exceed 
5714. 


Copy  of  as  complaint  in  justice's  court/ 

5736. 
For  payment,  of  judgment  when  adjourn- 

ment for  more  than  ten  days  in  jus- 

tice's court  5700. 
In  justice's  court,  deposit  may  be  made 

in  lieu  of  in  all  cases  5010. 
On   appeal,  entry  of  in  justice's  court 

docket  5800. 
On  appeal  from  justice's  court,  require- 

ments with  or  without  stay,  deposit, 

justification  of  sureties  5792. 
Surety  company's,  may  accept  premium 

taxed  as  costs  (51)5-701. 
Breach  of  the  peace,  when  punishable  as 

contempt  in  justice's  court  5795. 
Certificate,   and  seal   of  county  clerk  to 

be  attached  to  summons  in  action  in 

justice's   court   to   be  served   out   of 

town  5732. 
Of  district  judge  as  to  which  justice  of 

the    peace    is    successor    when    two 

equally    entitled,    to    be    filed    with 

county  clerk  5807. 

Challenges   to   jurors    in    civil    action    in 

justice's  court,  grounds  and  number  5768. 

Civil  action,  appeal  from  justice's  court, 

power  of  district  court,  dismissal,  dam- 

ages, costs,  judgment  5794. 
Entries    in   justice's   court   docket    are 

prima  facie  evidence  5801. 
For  claim  and  delivery  in  justice's  court 

5124,  5135,  5753. 

How  commenced  in  justice's  court  5722. 
In  justice's  court,  abstract  of  judgment 

filed  in  recorder's  office  creates  liei 

on  land  5782. 
In  justice's  court,  adjournment  not  to 

be  for  more  than  ten  days  unless  upon 

undertaking  conditioned  for  payment 

of  judgment  5760. 


Justice's  court 


INDEX 


2450 


Justice's  court,  civil  action — continued. 

In  justice's  court,  alias  summons  may 
issue,  time  for  appearance  5729,  5730. 

In  justice's  court,  amendment  to  com- 
plaint or  answer  may  be  allowed  5741. 

In  justice's  court,  amendment  to  plead- 
ings, adjournment,  costs,  relief  from 
judgment  by  denial  5742. 

In  justice's  court,  answer  and  what  to 
contain  5 136,  5738. 

In  justice's  court,  answer  or  demurrer 
allowed  to  amended  pleadings  5743. 

In  justice's  court,  arrest  of  defendant, 
must  give  undertaking  before  apply- 
ing for  postponement  5759. 

In  justice's  court,  attorneys'  fees  recov- 
erable as  costs  58.14. 

In  justice's  court,  certain  sections  made 
applicable  5762. 

In  justice's  court,  certificate  of  county 
clerk  to  writ  of  attachment  for  serv- 
ice in  another  county  5751. 

In  justice's  court,  complaint  defined  and 
what  to  contain  5736. 

In  justice's  court,  copy  of  note  or  instru- 
ment admitted  unless  denied  by  veri- 
fied answer  5770. 

In  justice's  court,  defendant  may  appear 
and  waive  summons  5724. 

In  justice's  court,  demurrer  to  com- 
plaint 5735,  5737. 

In  justice's  court,  deposit  may  be  made 
in  lieu  of  undertaking  5816. 

In  justice's  court,  entry  to  be  made  in 
docket  of  date  of  hearing  and  mailing 
notice  5733. 

In  justice's  court,  execution,  duty  of 
officer  receiving  5786. 

In  justice's  court,  execution  may  be 
renewed  or  alias  issued  5785. 

In  justice's  court,  execution  to  issue  to 
county  clerk  on  abstract  of  judgment 
docketed  in  district  court  5781. 

In  justice's  court,  tailure  of  either  party 
to  appear  trial  may  proceed  5767. 

In  justice's  court,  hearing  after  serv- 
ice of  summons  or  appearance  5733. 

In  justice's  court,  how  guardian  ap- 
pointed when  necessary  5726. 

In  justice's  court,  how  judgment  en- 
tered 5775. 

In  justice's  court,  how  jury  waived  5766. 

In  justice's  court,  how  summons  issued, 
directed  and  what  to  contain  5727. 

In  justice's  court,  if  amount  found  due 
exceeds  jurisdiction,  party  may  remit 
excess  5776. 

In  justice's  court,  if  defendant  fails  to 
set  up  counterclaim  he  cannot  after- 
wards sue  5739. 

In  justice's  court,  issuance  and  stay  of 
execution  5783. 

In  justice's  court,  issue  of  fact  to  be 
tried  by  jury  unless  waived  5765. 

In  justice's  court,  judgment  of  dis- 
missal may  be  entered  without  pre- 
judice in  certain  cases  5772. 

In  justice's  court,  judgment  to  be  en- 
tered at  close  of  trial  if  no  jury  5774. 

In  justice's  court,  judgment  to  be  en- 
tered at  once  in  conformity  to  ver- 
dict 5773. 


Justice's  court,  civil  action — continued. 

In  justice's  court,  offer  to  allow  judg- 
ment, when  further  costs  not  recover- 
able 5777. 

In  justice's  court,  parties  may  appear 
in  person  or  by  attorney  5725. 

In  justice's  court,  pleadings,  form  of 
5734,  5735. 

In  justice's  court,  pleadings,  issues  of 
law  and  fact  defined  5761-5763. 

In  justice's  court,  postponement  by  con- 
sent 5758. 

In  justice's  court,  postponement  of  trial 
on  application  of  party,  grounds,  pro- 
cedure 5759. 

In  justice's  court,  proceedings  on  de- 
murrer to  complaint  or  answer  5741. 

In  justice's  court,  summons,  by  whom 
and  how  served  and  returned  5732. 

In  justice's  court,  time  for  appearance 
of  defendant  to  be  specified  in  sum- 
mons 5728. 

In  justice's  court,  judgment  taken  by 
mistaKe,  inadvertence  or  excusable 
neglect  may  be  set  aside  5742. 

In  justice's  court,  jury,  how  summoned 
and  challenged  5768. 

In  justice's  court,  limitation  of  service 
of  summons  5731. 

In  justice's  court,  no  statement  required 
on  appeal  to  district  court  on  ques- 
tions of  fact  or  both  law  and  fact 
5790. 

In  justice's  court,  undertaking  on  appeal, 
requirements  with  or  without  stay, 
deposit,  justification  of  sureties  5792. 

In  justice's  court,  waiver  of  objection 
that  it  is  in  wrong  township  5772. 

In  justice's  court,  what  entries  to  be 
made  in  docket  5800. 

In  justice's  court,  what  execution  must 
contain  5784. 

In  justice's  court,  what  notice  of  appeal 
from  judgment  must  contain  5788. 

In  justice's  court,  what  papers  to  be 
transmitted  on  appeal  to  district  court 
5791. 

In  justice's  court,  what  provisions  of 
civil  practice  act  are  applicable  5815. 

In  justice's  court,  what  statement  on 
appeal  on  questions  of  law  alone  must 
contain,  amendments  and  settlement 
5789. 

In  justice's  court,  when  admission  that 
evidence  would  be  given  avoids  post- 
ponement 5759. 

In  justice's  court,  when  attachment  to 
issue  5749,  5750. 

In  justice's  court,  when  consent  to  tak- 
ing of  testimony  or  admission  that  it 
would  be  given  avoids  postponement 
5759. 

In  justice's  court,  when  court  may  post- 
pone 5757. 

In  justice's  court,  when  defendant  may 
be  arrested  5744. 

In  justice's  court,  when  defendant  may 
demur  to  answer  5740. 

In  justice's  court,  when  order  for  in- 
spection of  written  instrument  may 
be  made  5769. 


2451 


INDEX 


Justice's  court 


Justice's  court,  civil  action — continued. 

In  justice's  court,  when  postponement 
discharges  defendant  from  arrest  5759. 

In  justice's  court,  when  trial  must  be 
commenced  and  how  continued  5756. 

In  justice's  court,  who  entitled  to  costs 
5813. 

Judgment  by  confession  may  be  entered 
in  justice's  court  5771. 

Justice  of  the  peace  may  issue  execution 
or  other  process  upon  docket  of  pre- 
decessor 5805. 

Justice  of  the  peace  may  issue  subpena 
and  final  process  to  any  part  of 
county  5808. 

Justice  of  the  peace  to  receive  all  mon- 
eys collected  by  sheriff  or  constable 
and  pay  same  to  parties  entitled  5810. 

Justice's  court  may  require  deposit  or 
undertaking  as  security  for  costs  be- 
fore issuing  summons  5812. 

Justice's  court  to  fix  time  for  trial  5733. 

Justice's  court  to  try  issue  of  law  5764. 

Justice's  court  to  which  transferred  has 
same  jurisdiction  5719,  5720. 

Place  of  trial  in  justice's  court  5715. 

Transfer  of  from  jus!  Ice's  court  to  dis- 
trict court  5721. 

Trial    by    jury    secured,    but    may    be 

waived  (Nev.  Const,  art  i,  sec.  3)  332. 

Civil   process,  elector  not  to  be  arrested 

under   on    election    day  (Nev.    Const. 

art.  ii.  sec.  4)  253. 

.Members    of    legislature    exempt    from 

arrest    under   during   session    and    15 

days  before  (Nev.  Const,  art  iv,  sec. 

11)  L><;«>. 

Claim  and  delivery,  action  for,  in  justice's 

court  5124,  5753. 

Clerk,  county,  to  issue  execution  to  other 
counties  on  abstract  of  judgment  from 
justice's  court  docketed  in  district 
court  5781. 

County,  to  file  and  docket  abstract  of 
judgment  from  justice's  court  5780. 

Pleadings  and  transcript  to  be  certified 
to  on  transfer  of  case  from  justice's 
court  to  district  court  5721. 

To  pay  on  order  of  court  money  trans- 
mitted in  lieu  of  undertaking  on  ap- 
peal from  justice's  court  5792. 
Complaint,  and  what  to  contain  in  civil 
action  in  justice's  court  5734,  5735, 
5736. 

Filing  of  in  justice's  court  5722,  5723. 

In  civil  action  in  justice's  court  to  be 
indorsed  with  date  of  filing  5723. 

In  justice's  court,  copy  of  note  or  in- 
strument admitted  unless  denied  by 
verified  answer  5770. 

Confession,  judgment  by  may  be  entered 
in  civil  action  in  justice's  court  5771. 

Judgment  may  be  entered  upon  in  jus- 
tice's court  if  amount  does  not  exceed 
$300  exclusive  of  interest  5714. 
Consent  of  parties,  to  not  more  than  12 
nor  less  than  4  jurors  in  justice's 
court  in  civil  action  5768. 

To  taking  of  testimony  in  civil  action 
in  justice's  court  on  postponement 
5759. 


Justice's  court — continued. 

Constable,  duties  imposed  on  sheriff  ex- 
tend to  in  action  for  claim  and  de- 
livery 5753. 

Duties  of  on  receiving  execution  from 
justice's  court  5786. 

Fees  1999,  2011. 

Local  or  special  laws  relating  to  juris- 
diction and  duties  of,  invalid  (Nev. 
Const,  art  iv,  sec.  20)  278. 

May  serve  summons  in  action  in  jus- 
tice's court  5732. 

To  be  substituted  for  'sheriff"  in  pro- 
ceedings supplementary  to  execution 
in  justice's  court  5787. 

To  detain  defendant  arrested  in  civil 
action  in  justice's  court  until  dis- 
charged by  justice  5748. 

To  give  notice  and  make  return  on 
arrest  of  defendant  in  civil  action  in 
justice's  court  5747. 

To  pay  moneys  collected  on  execution 
of  process  to  justice  of  the  peace  5810. 

When  may  arrest  defendant  in  civil 
action  in  justice's  court  5744. 

When  not  to  act  as  attorney  in  justice's 
court  5725. 

When  substituted  for  "sheriff"  in  sec- 
tions relating  i<>  attachment  5752. 

When  to  relinquish  property  on  stay  of 
execution  on  appeal  from  justice's 
court  579.",. 

When  to  take  defendant  arrested  in 
civil  action  in  justice's  court  before 
another  justice  574(5. 

Contempt,  conviction  of  in  justice's  court 
to  be  entered  in  docket  5799. 

In  immediate  view  and  presence  of  jus- 
tice's court,  proceedings  for  5796. 

Not  in  immediate  view  and  presence  of 
justice's  court,  proceedings  for  5797 

What  acts  punishable  as  in  justice's 
court  57'.»r>. 

What  punishments  may  be  imposed  for 

by  justice's  court  5798. 
Continuance  in  justice's  court  not  to  be 

for  more. than  ten  days  unless  upon  un- 
dertaking conditioned  for  payment  of 

judgment  5760. 

Contract,  entry  of  judgment  upon  by  de- 
fault in  justice's  court  5754. 

Justice's  court  has  jurisdiction  of 
amount  not  exceeding  $300  exclusive 
of  Interest  5714. 

Obligation  of  two  or  more  persons  in 
different  counties,  limitation  of  serv- 
ice of  summons  in  justice's  court  5731. 

Township    in   which    action    for   to   be 

brought  in  justice's  court  5715. 
Conviction  of  contempt  in  justice's  court 

to  be  entered  in  docket  5799. 
Costs,  and  damages,  when  may  be  ordered 
on  dismissal  of  appeal  to  district  court 
5794. 

Fees  of  attorney  recoverable  in  justice's 
court  5814. 

In  justice's  court  to  be  included  in 
judgment  5778.  «•* 

Justice's  court  may  require  deposit  or 
undertaking  as  security  before  issu- 
ing summons  5812. 


Justice's  court 


INDEX 


2452 


Justice's  court,  costs — continued. 

Payment  of  on  adjournment  made  neces- 
sary by  amendment  of  pleadings  in 
justice's  court  5742. 

Payment  of  on  change  of  place  of  trial 
of  action  in  justice's  court  5719. 

Payment  of  on  setting  aside  judgment 

by  default  in  justice's  court  5742. 
-^  To  be  included  in  entry  of  judgment  in 
justice's  court  docket  5800. 

When  not  recoverable  after  offer  to 
allow  judgment  in  justice's  court, 
recovery  against  party  refusing  offer 
5777. 

Who  entitled  to  in  justice's  court  5813. 
Counterclaim,  if  not  set  up  in  action  in 
justice's  court  defendant  or  assignee 
cannot  afterwards  sue  5739. 

In  civil  action  in  justice's  court  5738. 
Counties,  change  in  boundaries,  justice  of 

the  peace  successor  of  predecessor  5805. 
County  clerk,  filing  of  certificate  of  dis- 
trict judge  as  to  which  of  two  jus- 
tices of  the  peace  entitled  is  successor 
5807. 

To  certify  to  writ  of  attachment  in  jus- 
tice's court  for  service  in  another 
county  5751. 

To  certify  under  seal  to  summons  in 
justice's  court  for  service  in  another 
county  5732. 

To  file  and  docket  abstract  of  judgment 
from  justice's  court  5780. 

To  issue  execution  to  other  counties  on 
abstract  of  judgment  from  justice's 
court  docketed  in  district  court  5781. 

To  receive  docket  and  papers  on  death 
or  removal  of  justice  of  the  peace 
5804. 

Court,  inferior,  in  cases  appealed  from  dis- 
trict court  has  final  appellate  juris- 
diction, Nev.  Const,  art.  vi,  sec.  6)321. 

Justice's,  change  of  place  of  trial  in 
civil  action  5717. 

Justice's,  jurisdiction  of  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Justice's,  legislature  may  prescribe  re- 
garding appeals  from  (Nev.  Const,  art. 
vi,  sec.  8)  323. 

Justice's,  place  of  trial  of  civil  actions 
5715. 

Justice's,  when  and  where  held,  always 
open,  jurisdiction  in  civil  cases  5714. 

Justice's,  when  place  of  triaf  in  civil 
action  ordered  changed,  parties  may 
agree  upon  court  5718. 

Of  record,  justices  of  the  peace  not  to 
try  cases  in  conflict  with  jurisdiction 
of  (Nev.  Const,  art.  vi,  sec.  8)  323. 
Damages,  demand  for  to  be  contained  in 
summons  in  justice's  court  5727. 

Entry  of  judgment  for  upon  default  in 
justice's  court  5754. 

Justice's  court  has  jurisdiction  of 
amount  not  exceeding  $300  5714. 

Township  in  which  action  for  to  be 
brought  in  justice's  court  5715. 

When  may  be  ordered  in  addition  to 
costs  on  dismissal  of  appeal  to  dis- 
trict court  5794. 

Default,  if  made,  to  be  entered  in  justice's 
court  docket  5800. 


Justice's  court,  default — continued. 

Judgment  upon  in  justice's  court  5754, 

5755. 
Defense,  what  may  be  contained  in  answer 

in  civil  action  in  justice's  court  5738. 
Definition  of  issues  of  law  and  fact  in 

justice's  court  5761-5763. 
•  Demand,  exceeding  $300  exclusive  of  in- 
terest not  to  be  tried  in  justice's  court 
(Nev.  Const,  art.  vi,  sec.  8)  323. 
For  jury  in  civil  action  in  justice's  court, 

failure  to  make,  waiver  5766. 
Demurrer,  allowed  to  amended  pleadings 

in  justice's  court  5743. 
If  overruled  and  failure  to  answer  judg- 
ment maybe  ordered  in  justice's  court 
5755. 
To  complaint  in  civil  action  in  justice's 

court  5735,  5737. 
To    complaint    or    answer    in   justice's 

court,  proceedings  on  5741. 
To    complaint    or    answer    in    justice's 

court,  raises  issue  of  law  5762. 
When  may  be  interposed  to  answer  in 

justice's  court  5740. 

Denial,  by  verified  answer  in  justice's 
court  or  written  instrument  admitted 
5770. 

In   answer   in  civil   action   in  justice's 
'  court  5738. 

Departure  from   state  with   intention  to 

defraud  creditors,  when  defendant  may 

be  arrested  in  civil  action  in  justice's 

court  5744. 

Deposit  in  lieu  of  undertaking  on  appeal 

from  justice's  court  5792. 
Deposition,  may  be  taken  by  justice  of  the 
peace  on  postponement  of  civil  action 
5759. 
Taken  on  postponement  of  civil  action 

in  justice's  court  may  be  read  5759. 
Diligence  in  obtaining  testimony  must  be 
shown  to  obtain  postponement  of  trial 
in  civil  action  in  justice's  court  5759. 
Dismissal,  of  action  without  prejudice  in 

justice's  court  5772. 
Of    appeal    to    district    court    may    be 

ordered  after  notice  5794. 
Disobedience  of  order,  subpena  or  process 
punishable    as    contempt    in    justice's 
court  5394,  5395,  5795. 
Disorderly  conduct,   when  punishable  as 

contempt  in  justice's  court  5795. 
District  court,  entry  in  docket  of  abstract 
of  judgment   of  justices   court   and 
issuance  of  execution  to  other  coun- 
ties 5781. 

For  failure  to  prosecute  an  appeal,  may 
order  dismissal  with  costs  and  dam- 
ages 5794. 
Jurisdiction  of  on  transfer  of  case  from 

justice's  court  5721. 

May  order  justice's  court  to  transmit 
papers  on  appeal,  service  of  order, 
fine  5791. 

On  appeal,  either  party  may  have  bene- 
fit   of    objections    made    in    justice's 
court  5791. 
Transfer  of  cases  to  from  justice's  court 

5721. 

When  may  order  new  trial  on  appeal 
from  justice's  court  5794. 


2453 


INDEX 


Justice's  court 


Justice's  court — continued. 

When  two  justices  of  the  peace  equally 

entitled,  district  judge  to  certify  which 

is  successor  5807. 
Docket,  and  papers   in  case  of  death  or 

removal  of  justice  of  the  peace  to  be 

delivered  to  other  justice  or  county 

clerk  5804. 

And  papers  must  be  delivered  by  jus- 
tice of  the  peace  to  successor  5803. 
Certified    transcript    of    on    change    of 

place  of  trial  in  justice's  court  5719. 
Conviction  of  contempt  in  justice's  court 

to  be  entered  5799. 
Entry    in   judgment   docket  of  district 

court    of    abstract    of    judgment    in 

justice's  court  5780. 
Execution    or    other    process    may    be 

issued  by  justice  of  the  peace  upon 

docket  of  predecessor  5805. 
In    justice's    court,    alphabetical    index 

required  to  be  kept  5802. 
In  justice's  court,  copy  of  to  be  used  on 

appeal   in  district  court  5789. 
In  justice's  roi:rt.  entry  to  be  made  of 

date  of  trial  or  hearing  and  mailing 

net  ice  5733. 
In  justice's  court   in  civil  action,  entry 

of  \\aiver  of  jury  ."<;<;. 
In  justice's  court,   what  entries  to  be 

made  5800. 
Of  justice's  court,  certified  copy  to  be 

transmitted     on     appeal     to    district 

court  r>791. 
Transcript  of  to  be  certified  by  justice's 

court  on  transfer  of  case  to  district 

court  for  trial  ;7721. 

Election   day.  Hector  not  to  be  arrested 
under  civil  process  on  ( Xev.  Const,  art. 

ii.  sec.  -n  LM:;. 

Elector   not   to    bo    arrested    under   civil 

process  on  election  day  (Nev.  Const,  art. 

ii,  sec.  4)  253. 

Entries,  in  justice's  court  docket  are  prima 
facie  evidence  5733,  5801. 

In  justice's  court  docket,  what  to  be 

made  5800. 

Evidence,  affidavit  of  what  expected  to 
be  obtained  on  postponement  of  civil 
action  in  justice's  court  5759. 

Entries  in  justice's  court  docket  are 
prima  facie  5733,  5801. 

In  action  for  libel  truth  may  be  given 
(Xev.  Const,  art.  i,  sec.  9)  238. 

Justice's  court  may  make  order  for  in- 
spection of  written  instrument  and 
delivery  of  copy  5769. 

Offer  to  allow  judgment  in  justice's 
court  not  admissible  5777. 

Only  so  much  as  necessary  to  explain 
grounds  to  be  inserted  in  statement 
on  appeal  on  questions  of  law  alone 
from  justice's  court  5789. 

Regarding  forcible  entry  and  detainer 
may  be  given  in  justice's  court  5721. 

Regarding  title  to  real  property  or 
legality  of  tax,  impost,  assessment, 
toll  or  municipal  fine  not  to  be  given 
in  justice's  court  5721. 

Witness  shall  not  be  rendered  incompe- 
tent on  account  of  religious  belief 
(Nev.  Const,  art.  i,  sec.  4)  233. 


Justice's  court,  evidence — continued. 

Exception  to  sureties  on  undertaking  for 

attachment  in  justice's  court  5750. 
Execution,   all   blanks  must  be  filled   in 
by  justice  of  the  peace  before  issu- 
ance 5809. 

Costs  in  aid  of,  who  entitled  to  in  jus- 
tice's court  5813. 

In  civil  action  in  justice's  court,  when 
defendant  subject  to  arrest  on  5759. 

In  justice's  court,  duty  of  officer  receiv- 
ing 57S(5. 

In  justice's  court,  may  be  issued,  stay, 
5783. 

In  justice's  court,  may  be  renewed  or 
an  alias  issued  5785. 

In  justice's  court,  what  must  contain 
5784. 

Justice  of  the  peace  may  issue  upon 
docket  of  predecessor  5805. 

Justice  of  the  peace  may  issue  to  any 
part  of  county  5808. 

Or  renewals,  issuance  of,  payment  upon, 
eutrv  to  he  made  in  justice's  court 
docket  5800. 

Proceedings  supplementary  relating  to 
district  court  are  applicable  to  jus- 
ti'-e's  court  5787. 

Resistance  to  punishable  as  contempt  in 
justice's  court  f>7:).">. 

To  issue  by  county  clerk  to  other  coun- 
ties on  abstract  of  judgment  from 
justice's  court  docketed  in  district 
court  5781. 

Undertaking  or  deposit  for  stay  of  on 
appeal  from  justice's  court  5792. 

When  stay  of  to  be  ordered  by  justice's 
court    pending    appeal,    when    officer 
to  relinquish  property  5793. 
Fact  issue  of,  how  tried  in  justice's  court 
5765. 

Issue  of  in  justice's  court  defined  5761, 

5763. 
Facts,   certain   entries   in   justice's   court 

docket  are  prima  facie  evidence  5801. 
Fees,  court,  to  be  paid  on  appeal  from 
2031. 

In  counties  polling  over  800  votes  2015. 

In  counties  polling  not  over  800  votes 
2003. 

In  proceeding  relating  to  apprentices  494. 
Fence  viewers,  to  appoint,  when  3605. 
Fine,  action  for,  justice's  court  has  juris- 
diction   if   amount   does   not   exceed 
$300,  exception  5714. 

May  be  imposed  by  district  court  on 
justice  of  the  peace  for  failure  to 
transmit  papers  on  appeal  5791. 

Municipal,  if  legality  of  involved  in  jus- 
tice's court,  case  to  be  transferred  to 
district  court  for  trial  5721. 

What  may  be  imposed  by  justice's  court 

for  contempt  5798. 
Forfeiture,  justice's  court  has  jurisdiction 

if  amount  does  not  exceed  $300,  excep- 
tion 5714. 

Form  of  abstract  of  justice's  court  judg- 
ment 5779. 

Fraud,  when  ground  for  arrest  of  defend- 
ant   in   civil    action    in   justice's   court 

5744. 


Justice's  court 


INDEX 


2454 


Justice's  court — continued. 

Genuineness  of  signature  to  note  or  in- 
strument   admitted    in    justice's    court 
unless  denied  by  verified  answer  5770. 
Guardian,  ad  litem,  how  appointed  in  civil 

action  in  justice's  court  5726. 
General,  how  appointed  in  civil  action 

in  justice's  court  5726. 

Has  jurisdiction  concurrent  with  district 

judge   in   action   for   possession   where 

relation  of  landlord  and  tenant  exists 

or  possession  unlawfully  withheld  oG04. 

Has  jurisdiction  in  action  on  woodchop- 

per's  lien  2230. 

Has  jurisdiction  of  violation  of  city  ordi- 
nances 886. 

If  justice  material  witness,  place  of  trial 
of  action  in  justice's  court  may  be 
changed  or  another  justice  called  5716. 
If  two  or  more  justices  equally  entitled 
to,  district  judge  to  certify  who  is  suc- 
cessor 5807. 

If  vacancy  by  death  or  removal,  docket 
and  papers  to  be  delivered  to  other  jus- 
tice or  county  clerk  5804. 
Impost,    if   legality    involved   in   justice's 
court,  case  to  be  transferred  to  district 
court  for  trial  5721. 
Imprisonment,  what  may  be  imposed  by 

justice's  court  for  contempt  5798. 
Incompetent  person  as  party,  how  guard- 
ian ad  litem  appointed  in  civil  action  in 
justice's  court  5726. 
Index  to  docket  in  justice's  court  required 

to  be  kept  5802. 

Infant,  as  party,  how  guardian  ad  litem 
appointed  in  civil  action  in  justice's 
court  5726. 

Under  14  years  of  age  may  apply  for 
appointment  of  guardian  ad  litem  in 
civil  action  in  justice's  court  5726. 
Insane  person  as  party,  how  guardian  ad 
litem  appointed  in  civil  action  in  jus- 
tice's court  5726. 
Inspection   of   written    instrument,    order 

for  in  justice's  court  5769. 
Instrument,  copy  of  as  complaint  in  jus- 
tice's court  5736. 
When  justice's  court  may  make  order 

for  inspection  of  5769. 
Written,    when    admitted    in    justice's 
court  unless  denied  by  verified  answer 
5770. 
Issue,  of  fact,  how  tried  in  justice's  court 

5765. 
Of  law  in  justice's  court  must  be  tried 

by  court  5764. 

Regarding  title  to  real  property  or  le- 
gality of  tax,  impost,  assessment,  toll 
or  municipal  fine  not  to  be  tried  in 
justice's  court,  transfer  for  of  from 
justice's  court  to  district  court  5721. 
Issues,  in  civil  action  in  justice's  court, 

disposition  of  5756. 

Of  law  and  fact  in  justice's  court  de- 
fined 5761-5763. 

Judge,  when  "justice"  to  be  substituted 
for  in  sections  relating  to  attachment 
5752. 

Judgment,  after  demurrer  overruled  and 
failure  to  answer  in  justice's  court 
5755. 


Justice's  court,  judgment — continued. 

By  confession  may  be  entered  in  jus- 
tice's court  5771. 

Entry  of  in  justice's  court  docket  5800. 

Final  process  on  may  be  issued  by  jus- 
tice of  the  peace  to  any  part  of  county 
5808. 

How  entered  in  civil  action  in  justice's 
court  5775. 

In  justice's  court,  abstract  filed  in  re- 
corder's office  creates  lien  on  lands 
5782. 

Abstract  of  may  be  obtained  and  en- 
tered   in    docket   of   district   court 
and  execution  issue  to  other  coun- 
ties 5779,  5780,  5781. 
Form  of  abstract  5779. 
If  amount  found  due  exceeds  juris- 
diction, party  may  remit  excess  5776. 
Taken    by    mistake,    inadvertence    or 
excusable  neglect  may  be  set  aside 
5742. 
To  be  entered  at  close  of  trial  if  no 

jury  5774. 
To  be  entered  at  once  in  conformity 

to  verdict  5773. 
To  include  costs  5778. 
Waiver   of   objection    that   action    is 

in  wrong  township  5772. 
What  notice  of  appeal  must  contain 
5788. 

In  justice's  court  in  civil  action,  to  state 
arrest  of  defendant  5775. 

Justice's  court  may  enter  on  confession 
if  amount  does  not  exceed  $300  ex- 
clusive of  interest  5714. 

Not  invalid  except  on  appeal  when 
taken  after  overruling  objection  in 
justice's  court  that  action  is  in  wrong 
township  5772. 

Of  dismissal  without  prejudice  may  be 
entered  in  justice's  court  in  certain 
cases  5772. 

Offer  to  allow  in  justice's  court  not  ad- 
missible in  evidence  when  further 
costs  not  recoverable  5777. 

On  conviction  of  contempt  in  justice's 
court  to  be  entered  in  docket  5799. 

Rendered  on  appeal  from  justice's  court 
has  same  force  as  other  judgments  in 
district  court  5794. 

Undertaking  for  payment  of  if  adjourn- 
ment for  more  than  ten  days  in  jus- 
tice's court  5760. 

When  defendant  fails  to  appear  in  jus- 
tice's court  5754. 

Jurisdiction,  duties  of  justice  of  the  peace 
and  constable,  local  or  special  laws 
invalid  (Nev.  Const,  art.  iv,  sec.  20) 
278. 

In  justice's  court,  if  amount  found  due 
exceeds,  party  may  remit  excess  5776. 

Justice  of  the  peace  may  act  in  behalf 
of  another  in  case  of  sickness  or  ab- 
sence 5811. 

Justice's  court  to  which  civil  action  is 
transferred  has  same  5719,  5720. 

Of  action  by  county  against  person  for 
support  of  poor  kindred  2916,  2917. 

Of  action  for  collection  of  taxes  where 
amount  does  not  exceed  $300,  in  jus 
tice's  court  5714. 


2455 


INDEX 


Justice's  court 


Justice's  court,  jurisdiction — continued. 

Of  action  for  delinquent  taxes  for  im- 
provement of  streets  in  unincorpo- 
rated town  934. 

Of  action  for  possession  of  lands  unlaw- 
fully obtained  or  withheld  in  justice's 
court  5714. 

Of  action  involving  title  to  real  prop- 
erty does  not  lie  in  justice's  court  5714. 

Of  action  to  enforce  mechanic's  lien, 
justice's  court  does  not  have  5714. 

Of  action  to  recover  personal  property 
where  value  does  not  exceed  $300,  in 
justice's  court  5714. 

<  >f  action  where  relation  of  landlord 
and  tenant  exists  in  justice's  court 
5714. 

Of  district  court  on  transfer  of  case 
from  justice's  court  5721. 

Of  justice's  court  in  cases  of  forcible 
entry  and  detainer  5721. 

Of  justice's  court  in  civil  cases  5714. 

Of  justices  of  the  peace  (Nev.  Const. 
art.  vi,  sec.  8)  323. 

To  enter  judgment  by  confession  when 
amount  exclusive  of  interest  does  not 
exceed  .$:',< 50,  in  justice's  court  5714. 

What  provisions  of  civil  practice  act  are 

applicable  to  justice's  court  5815. 
Jurors'  fees  2001,  201::. 
Jurors,  names  of  to  be  entered  in  justice's 

court  docket  5800. 

Jury,  demand  for,  entry  to  be  made  in 
justice's  court  docket  5800. 

Demand  for  in  civil  action  in  justice's 
court,  postponement  of  trial  5757. 

Ilmv  summoned  and  challenged,  num- 
ber of  challenges,  in  civil  action  in 
justice's  court  5768. 

lu  civil  action  in  justice's  court,  parties 
may  consent  to  number  not  more  than 
twelve  nor  less  than  four  5678. 

Three-fourths  in  civil  cases  may  render 
verdict,  but  legislature  by  two-thirds 
vote  may  require  unanimous  (Nev. 
Const,  art.  i,  sec.  3)  232. 

Trial  by  secured  but  may  be  waived  in 
civil  cases  (Nev.  Const,  art.  i,  sec  3) 
232. 

Trial,  in  civil  action  in  justices  court, 
how  waived  57<»r«. 

Trial,  to  be  had  in  justice's  court  unless 

waived  576."». 

Justice,  duties  imposed  on  extended  to  in 
actions  for  claim  and  delivery  in  jus 
tice's  court  5753. 

How  to  issue  subpena  requiring  attend- 
ance out  of  court  5432. 

May  administer  oath  or  affirmation  5483. 

May  take  affidavit  to  be  used  in  this 

state  5450. 

"Justice,"  to  be  substituted  for  "judge"  in 
proceedings  supplementary  to  execu- 
tion in  justice's  court  5787. 

When  to  be  substituted  for  "judge"  in 
sections  relating  to  attachment  5752. 

When  substituted  for  word  "judge"  in 
sections  relating  to  publication  of 
summons  5732. 

Justice's  court,  abstract  of  judgment  filed 
in  recorder's  office  creates  lien  on 
lands  5782. 


Justice's  court — continued. 

Abstract  of  judgment  may  be  obtained 
and  entered  in  docket  of  district 
court  and  execution  issue  to  other 
counties  5779-5871. 

Action,  for  claim  and  delivery  5124, 
5135,  5753. 

Action  for  possession  of  real  property 
may  be  maintained  on  tax  deed  3666. 

Action,  power  of  district  court  on  appeal, 
dismissal,  damages,  costs  5794. 

Action,  who  entitled  to  costs  5813. 

Affidavit  of  evidence  expected  to  be  ob- 
tained on  application  for  postpone- 
ment in  civil  action  5759. 

Amendment  to  pleadings,  adjournment, 
costs,  relief  from  judgment  by  denial 
5742. 

Answer  and  what  to  contain  5735,  5738. 

Answer  or  demurrer  allowed  to  amended 
pleadings  5743. 

Appeal  from  disregarded  upon  failure 
of  sureties  to  justify  5792. 

Appeal  on  questions  of  fact  or  both  law 
and  fact,  no  statement  but  trial  anew 
5790. 

Appeal  to,  district  court,  when  will  be 
dismissed,  D.  C.  rule  xxxvii,  p.  1430. 

Arrest  of  defendant,  must  give  under- 
taking before  applying  for  postpone- 
ment in  civil  action  5759. 

Civil  action,  copy  of  note  or  instrument 
admitted  unless  denied  by  verified 
answer  5770. 

Civil  action,  how  commenced  in  5722. 

Civil  action,  to  be  continued  without 
adjournment  5756. 

Civil  action,  when  consent  to  taking  of 
testimony  or  admission  that  it  would 
be  given  avoids  postponement  5759. 

Complaint  defined  and  what  to  contain 
5736. 

Constable  not  to  charge  for  written 
return  2041. 

Conviction  of  contempt  to  be  entered 
in  docket  5799. 

Court  to  which  civil  action  may  be 
(•hanged  5718. 

Defendant  may  waive  summons  5724. 

Demurrer  to  complaint  in  civil  action 
5735.  5737. 

Deposit  may  be  made  in  lieu  of  under- 
taking in  all  cases  5816. 

Docket,  alphabetical  index  required  to 
be  kept  5802. 

Docket,  another  justice  may  attend  and 
make  entries  in  case  of  sickness  or 
absence  5811. 

Docket,  entries  to  be  made  the  time  they 
occur  5801. 

Docket,  or  certified  transcript,  entries 
prima  facie  evidence  5801. 

Docket,  what  entries  to  be  made  5800. 

Entry  of  judgment  after  demurrer  over- 
ruled and  failure  to  answer  5755. 

Entry  to  be  made  in  docket  of  date  of 
trial  or  hearing  and  mailing  notice 
5733. 

Evidence  regarding  forcible  entry  and 
detainer  may  be  given  572^. 

Execution,  duty  of  officer  receiving  5786. 


Justice's  court 


INDEX 


2456 


Justice's  court — continued. 

Execution  may  be  renewed  or  alias 
issued  5785. 

Execution  to  issue  by  county  clerk  to 
other  counties  on  abstract  of  judg- 
ment from  justice's  court  docketed  in 
district  court  5781. 

Execution,  what  must  contain  5784. 

Execution,  when  may  be  issued,  stay 
5783. 

Fees  of  jurors  2001. 

How  guardian  ad  litem  appointed  when 
necessary  5726. 

How  jury  waived  in  civil  action  5766. 

How  to  enter  judgment  in  civil  action 
5775. 

If  amount  found  due  exceeds  jurisdic- 
tion, party  may  remit  excess  5776. 

If  defendant  fails  to  set  up  counter- 
claim he  cannot  afterwards  sue  5739. 

If  place  of  trial  ordered  changed,  parties 
may  agree  upon  court  5718. 

In  case  of  disability  of  justice  another 
may  attend  in  his  behalf  5811. 

In  cases  appealed  from,  district  court 
has  final  appellate  Jurisdiction  (Nev. 
Const,  art.  vi,  sec.  6)  321. 

Issue  of  fact  to  be  tried  by  jury  unless 
waived  5765. 

Issues  of  law  and  fact  defined  5761-5763. 

Judgment  by  default  5754,  5755. 

Judgment  to  include  costs  5778. 

Jurisdiction  of  (Nev.  Const,  art.  vi,  sec. 
8)  323. 

Jurisdiction  of  in  action  to  foreclose 
lien  2227. 

Jurisdiction  of  in  cases  of  forcible  entry 
and  detainer  5721. 

Jurisdiction  in  possessory  actions  on 
public  lands  5855. 

Legislature  may  prescribe  method  of 
appeal  from  (Nev.  Const,  art.  vi,  sec. 
8)  323. 

Limitation  of  service  of  summons  in 
civil  action  5731. 

May  allow  amendment  of  complaint  or 
answer  5741. 

May  be  compelled  by  district  court  to 

transmit  papers  on  appeal  5791. 
•May  dismiss  action  without  prejudice 
in  certain  cases  5772. 

May  enter  judgment  by  confession  in 
civil  action  5771. 

May  issue  alias  summons,  time  for 
appearance  5729,  5730. 

May  issue  subpenas  and  final  process  to 
any  part  of  county  5808. 

May  order  execution  in  officer's  own 
name  for  unpaid  fees  2027. 

May  require  deposit  or  undertaking  as 
security  for  costs  before  issuing  sum- 
mons 5812. 

May  set  aside  judgment  taken  by  mis- 
take, inadvertence  or  excusable  neg 
lect  5742. 

Mileage  of  constable  computed  for 
actual  distance  traveled  2040. 

No  adjournment  to  be  for  more  than 
ten  days  unless  upon  undertaking 
conditioned  for  payment  of  judgment 
5760. 


Justice's  court — continued. 

Not  to  hear  evidence  regarding  title  of 
real  property  or  legality  of  tax,  im- 
post, assessment,  toll  or  municipal 
fine  5721. 

Notice  of  hearing  after  service  of  sum- 
mons or  appearance  5733. 

Notice  of  time  of  trial  on  change  of 
place  of  in  civil  action  5719. 

Offer  to  allow  judgment  not  admissible 
in  evidence,  when  further  costs  not 
recoverable  5777. 

Parties  entitled  to  one  hour  in  which  to 
appear  after  time  fixed  in  notice  5733. 

Parties  may  appear  in  person  or  by 
attorney  5725. 

Per  diem  of  jurors  2013. 

Place  of  trial  maybe  changed  or  another 
justice  called  in  certain  cases  5716, 
5718. 

Place  of  trial  of  civil  actions  5715. 

Place  of  trial,  schedule  of  sections  5715. 

Pleadings  and  form  of,  entry  of  sub- 
stance of  oral  in  docket  5734,  5735. 

Postponement  of  trial  by  consent  in 
civil  action  5758. 

Proceedings  after  order  changing  place 
of  trial  5719. 

Proceedings  for  contempt,  immediate 
view  and  presence  5796. 

Proceedings  for  contempt  not  in  imme- 
diate view  and  presence  5797. 

Proceedings  on  demurrer  to  complaint 
or  answer  5741. 

Provisions  regarding  witness  fees  2000. 

Provisions  relating  to  supplementary 
proceedings  in  district  court  applica- 
ble 5787. 

Publication  of  process  or  paper,  officer 
to  be  paid  cost  in  advance  2026. 

Summoning  and  challenging  of  jurors 
in  civil  action  5768. 

Summons  in  civil  action,  how  issued, 
directed  and  what  to  contain  5727. 

Summons,  by  whom  and  how  served 
and  returned  5732. 

Summons,  how  served  by  publication 
5732. 

Summons  to  be  served  out  of  town  to 
have  certificate  of  county  clerk  under 
seal  attached,  how  returned  5732. 

Time  to  be  specified  in  summons  for 
appearance  of  defendant  5728. 

To  enter  judgment  at  close  of  trial  if 
no  jury  5774. 

To  enter  judgment  at  once  in  conform- 
ity to  verdict  5773. 

To  fix  time  for  trial  of  civil  action  5733. 

To  indorse  date  of  filing  of  complaint 
in  civil  action  5723. 

To  make  order  for  summoning  of  jurors 
in  civil  action  5768. 

To  try  issue  of  law  5764. 

To  which  civil  action  is  transferred  has 
same  jurisdiction  5719. 

Transfer  of  cases  to  district  court  5721. 

Trial  in  civil  action  to  proceed  on  fail- 
ure of  either  party  to  appear  5767. 

Voluntary  appearance  and  pleadings  of 
parties  without  summons  5715. 

Waiver  of  objection  that  action  is  in 
wrong  township  5772. 


2457 


INDEX 


Justice's  court 


Justice's  court — continued. 

What  acts  punishable  as  contempts 
5795. 

What  papers  to  be  transmitted  to  dis- 
trict court  on  appeal  5791. 

What  provisions  of  civil  practice  act 
applicable  5815. 

What  punishment  may  be  imposed  for 
contempts  57!  >s. 

What  statement  on  appeal  on  questions 
of  law  alone  must  contain  amend- 
ments and  settlement  f>7V.>. 

When  admission  in  civil  action  that  evi- 
dence would  be  given  avoids  post- 
ponement 57")!  >. 

When  and  where  held,  always  open, 
jurisdiction  in  civil  cases  5714. 

When  defendant  subject  to  arrest  in 
civil  action  on  execution  r»7."»9. 

When  may  make  order  for  inspection  of 
written  instrument  and  delivery  of 
<vpy  r> 7 <;•.>. 

.When  may  of  its  own  motion  postpone 
trial  in  civil  action  ."" 

When  place  of  tria.  cannot  be  changed 
more  than  once  on  motion  of  samp 
party  .~>717. 

When  plaintiff  may  demur  to  answer 
5740, 

When  postponement  discharges  defend- 
ant from  arrest  in  civil  action  r.7.V.>. 

When  to  certify  pleadings,  transfer  of 
case  to  district  court  for  trial  5721. 

When  to  order  defendant  discharged 
on  giving  undertakings  on  applica- 
tion for  posipoiiemonr  in  civil  action 
5759. 

When    trial    must    be    commenced    and 
\   continued  r>7r>il. 

Writ  of  attachment,  certain  sections 
made  applicable  ri752. 

Writ  of  attachment,  lor  service  in  an- 
other county  to  have  certificate  of 

•iv  clerk  .Vi.'il. 

Justice  of  the  peace,  court  fee  to  be  paid 
on  appeal  from  2031. 

Disability  of,  may  call  other  to  act  4926. 
5811. 

Disobedience  of  writ  is  contempt  5394, 
5305. 

Disqualification  to  act,  grounds  of  4865. 

Duties  in  relation  to  estray  animals 
2274-2282. 

Election  contest  for  member  of  the  legis- 
lature, to  issue  subpena  for  taking 
depositions,  may  attach  and  fine  wit- 
ness, certification  of  testimony  to 
county  clerk  1819. 

Fees  in  counties  polling  over  800  votes 
2015. 

Fees  of  in  proceedings  relating  to 
apprentices  494. 

Fees  when  not  over  800  votes  in  county 
2003. 

Has  jurisdiction,  concurrent  with  dis- 
trict judge,  in  action  for  possession 
where  relation  of  landlord  and  tenant 
exists  or  possession  unlawfully  with- 
held 5604. 

Has  jurisdiction  in  action  on  woodchop- 
pers  lien  2230. 


Justices  of  the  peace — continued. 

Has    jurisdiction    of    violation    of    city 

ordinances  8N6. 
If  material   witness,   place  of  trial   of 

action     in    justice's    court    may    be 

changed    or    another    justice    called 

5716. 
If  two  or  more  equally  entitled  district 

judge  to  certify  who  is  successor  5807. 
If  vacancy  by  death  or  removal  docket 

and  papers  to  be  delivered  to  other 

justice  or  county  clerk  5804. 
Jurisdiction  of  action  by  county  against 

person   for  support  of  poor  kindred 

2!  H15.  LI!>17. 

Jurisdiction  of  action  for  delinquent 
taxes  for  improvement  of  streets  in 
unincorporated  town  9:5-1. 

Legislature  to  determine  number  and 
powers  of.  limitation  of  jurisdiction 
(  Nov.  Const,  art.  vi,  sec.  »)  :i±-5. 

Legislature  to  prescribe  method  of 
appeal  from  justice's  court  (Nev. 
Const,  art.  vi.  sec.  8)  323. 

Local  or  special  laws  relating  to  juris- 
diction and  duties  iuvalid(Nev.  Const, 
art.  iv,  sec.  HIM  27S. 

May  administer  oath  or  affirmation  5483. 

May  certify  to  transcript  of  docket  5801. 

May  indorse  order  of  arrest  on  sum- 
mons in  civil  action  5744. 

May  issue  alias  process  for  restoration 
of  possession  of  land  after  conviction 
of  contempt  for  reentry  5:594,  5395. 

May  issue  citation  for  discovery  of  per- 
sonal property  on  which  taxes  delin- 
quent :Jf!7!>. 

May  issue  execution  or  other  process 
on  docket  of  predecessor  5805. 

May  take  affidavit  to  be  used  in  this 
state  r>  ir.o. 

May  take  and  certify  to  affidavit  for 
examination  of  books  of  assayer,  mill 
or  purchaser  of  ore,  gold  dust  or  bul- 
lion 2484. 

May  take  deposition  on  postponement  of 
civil  action  5759. 

Must  deliver  to  successor  docket  and 
papers  5803. 

Must  fill  blanks  in  all  papers  before 
issuance,  except  subpenas  5809. 

Or  judge  of  police  court,  jurisdiction 
in  action  against  party  failing  to 
fence  dangerous  excavation  3235.  3237. 

Out  of  state  may  take  deposition  5459. 

Proceedings  before  to  set  aside  coven- 
ants of  apprenticeship  493. 

Recovery  before  of  penalty  for  failure 
of  officer  to  post  table  of  fees  2025. 

Successor  of  predecessor  notwithstand- 
ing change  of  county  boundary  o805. 

To  act  in  proceedings  for  erection  of 
partition  fences  3605,  3606. 

To  act  in  regard  to  breach  of  contract 
of  apprenticeship  490-492. 

To  order  proper  credit  on  judgment  on 
release  of  joint  debtor  5848. 

To  receive  all  moneys  collected  by  sher- 
iff or  constable  and  pay  same  to  par- 
ties entitled  5810. 

To  summon  master  and  jurors  in  action 
for  abuse  of  apprentices  490,  491. 


Justice's  court 


INDEX 


2458 


Justices  of  the  peace — continued. 

To  take  depositions  on  contest  for  mem- 
bers of  the  legislature  1818,  1819. 
To  transmit  to  clerk  of  district  court 
money  deposited  in  lieu  of  undertak- 
ing on  appeal  5792. 

When  defendant  arrested  in  civil  action 
to  be  taken  before,  when  before  an- 
other justice  5746. 

When  may  make  order  for  inspection  of 
mine     by     stockholder,     registration, 
oath,  fee  2492,  2495. 
When  may  order  child  transferred  to  dis- 
trict court  under  juvenile  court  law  741. 
When  one  may  act  for  another,  also  as 

registry  agent  4926. 
When  to   issue  writ  of  attachment  in 

civil  action  5749,  5750. 
When  to  pay  to  county  treasurer  sur- 
plus   money    in    action    on    lien    for 
charges  on  animals  5500. 
When  to  order  arrest  of  defendant  in 

civil  action  5744. 

Without  jurisdiction  if  demand  exceeds 
$300  exclusive  of  interest  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Without  jurisdiction  if  title  to  real  es- 
tate, mining  claim  or  boundaries  to 
land  involved  or  if  case  conflicts  with 
jurisdiction  of  court  of  record  (Nev. 
Const,  art.  vi,  sec.  8)  323. 
Who  successor  of  5806,  5807. 
Justification   of   sureties  on   undertaking 

on  appeal  from  justice's  court  5792. 
Justification   of   sureties   to   undertaking 
-—.     for  attachment  in  justice's  court  5750. 
_-  Landlord  and  tenant,  action  for  possession. 

justice's  court  has  jurisdiction  5714. 
Landlord  and  tenant,  where  relation 
exists  legislature  may  confer  power  on 
justice's  courts  in  actions  for  possession 
or  wrhere  possession  has  been  unlaw- 
fully obtained  or  withheld  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Lands  and  tenements,  action  for  posses- 
sion of  where  relation  of  landlord  and 
tenant  exists,  justice's  court  has  juris- 
diction 5714. 

Lands    and    tenements,    legislature    may 
confer  power  on  justice's  court  in  action 
for  possession  of  where  relation  of  land- 
lord and  tenant  exists,  or  where  posses- 
sion  has  been  unlawfully  obtained   or 
withheld  (Nev.  Const,  art.  vi,  sec.  8)323. 
Land  and  tenements,  unlawfully  obtained 
or  withheld,  justice's  court  has  juris- 
diction 5714. 
Law,  issue  of,  how  tried  in  justice's  court 

5764. 
Law,   issue  of  in  justice's  court  defined 

5761.  5763. 

Law,  raises  issue  of  fact  on  allegation  of 
new  matter  in  answer  in  justice's  court 
without  reply  5763. 

Legislature  may  confer  on  justice's  court 
jurisdiction  concurrent  with  district 
court  in  certain  actions  relating  to 
mechanic's  liens  and  for  possession  of 
lands  and  tenements  where  relation 
of  landlord  and  tenant  exists  or  pos 
session  unlawfully  obtained  or  with- 
held (Nev.  Const,  art.  vi,  sec.  8)  323. 


Justices  of  the  peace — continued. 

Legislature  may  prescribe  regarding  ap- 
peals from  justice's  court  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Members  of  exempt  from  arrest  under 
civil  process  during  session  and  for 
fifteen  days  before  (Nev.  Const,  art. 
iv,  sec.  11)  269. 

To  determine  number  and  powers  of 
justices  of  the  peace  (Nev.  Const,  art. 
vi,  sec.  8)  323. 

Libel,  if  true  and  made  with  good  motive 
jury  may  exonerate  (Nev.  Const,  art.  i, 
sec.  9)  238. 

Lieu,  abstract  of  judgment  in  justice's 
court  filed  in  recorder's  office  creates 
lien  on  lands  5782. 

Lien,  mechanic's,  action  for  enforcement 
where  amount  does  not  exceed  $600  ex 
elusive  of  interest,  justice's  court  does 
not  have  jurisdiction  5714. 

Lien,  mechanic's,  legislature  may  confer 
power  on  justice's  court  to  enforce  in 
certain  cases  (Nev.  Const,  art  vi,  sec.  8) 
323. 

Lien  on  personal  property,  action  to  en- 
force in  justice's  court,  limitation  of 
service  of  summons  5731. 

Mechanic's  lien,  action  for  enforcement 
where  amount  does  not  exceed  $300  ex- 
clusive of  interest,  justice's  court  does 
not  have  jurisdiction  5714. 

Mechanic's  lien,  legislature  may  confer 
power  on  justice's  court  to  enforce  in 
certain  cases  (Nev.  Const,  art.  vi,  sec.  8) 
323. 

Mining  claim,  action  involving  title,  juris- 
diction does  not  lie  in  justice's  court 
5714. 

Mining  claims,  trial  of  title  to,  not  within 
jurisdiction  of  justice's  court  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

Money,  collected  by  sheriff  or  constable, 
when  to  be  paid  to  justice  of  the  peace 
and  by  him  to  parties  entitled  5810. 

Money,  entry  of  judgment  upon  by  default 
in  justice's  court  5754. 

Motion  for  change  of  place  of  trial  in  jus- 
tice's court  5716. 

Motion  to  change  place  of  trial  in  justice's 
court,  when  cannot  be  more  than  once 
by  same  party  5717. 

Motion,  when  justice's  court  may  of  its 
own  postpone  trial  5757. 

Motions,  minutes  of  to  be  entered  in  jus- 
tice's court  docket  5800. 

Municipal  fine,  if  legality  of  involved  in 
justice's  court,  case  to  be  transferred 
to  district  court  for  trial  5721. 

New  matter,  in  answer  raises  issue  of 
fact  in  justice's  court  5763. 

New  trial,  when  district  court  may  order 
on  appeal  from  justice's  court  5794. 

Note,  copy  of  as  complaint  in  justice's 
court  5736. 

Note,  promissory,  or  other  instrument, 
when  admitted  in  justice's  court  unless 
denied  by  verified  answer  5770. 

Notice  of  appeal,  from  judgment  in  jus- 
tice's court,  what  must  contain  5788. 

Notice  of  appeal,  receipt  of,  entry  in  jus- 
tice's court  docket  5800. 


2459 


INDEX 


Justice's  court 


Justices  of  the  peace — continued. 

Notice  of  hearing  in  justice's  court  after 

service  of  summons  or  appearance  5733. 
Notice  of  hearing  in  justice's  court,  par- 
ties entitled  to  one  hour  in  which  to 

appear  after  time  fixed  in  5733. 
Notice  of  time  and  place  of  trial  to  be 

issued  by  justice's  court  on  transfer  of 

civil  action,  service  5719. 
Notice  on  exception  to  or  justification  of 

sureties   on   undertaking  on   appeal    in 

justice's  court  57!>2. 
Oath,     answer     under    must    specifically 

deny    or    written    instrument    will    be 

admitted  in  justice's  court  5770. 
Oath,    necessity    for    adjournment    to    be 

shown  under  on  amendment  of  plead- 
ings in  justice's  court  5742. 
Oath  or  verified  answer  showing  grounds 

for  transfer  of  case  from  justice's  court 

to  district  court  5721. 
Objections  made  in  justice's  court,  either 

party  may  have  benefit  of  on  appeal  5791. 
Offer,  to  allow  judgment  in  justice's  court 

not   admissible   in   evidence  when   fur- 
ther costs  not  recoverable  5777. 
Oral,  what  pleadings  may  be  in  civil  action 

in  justice's  court  5734. 
order,  by  district  court  for  transmission 
of  papers  by  justice's  court  on  appeal, 
service,  fine  5791. 

Disobedience  of  punishable  as  contempt 
in  justice's  court  r>7'.)r>. 

For  inspection  and  furnishing  copy  of 
written  instrument  in  justice's  court 
5760. 

Of  arrest,  if  indorsed  on  summons  in 
justice's  court  to  be  returnable  forth- 
with 5728. 

Of  arrest,  in  civil  action  to  be  entered 
in  justice's  docket  5800. 

Of  arrest  of  defendant  in  certain  civil 
actions  in  justice's  court  5744. 

Of  arrest  of  defendant  in  civil  action  ir 
justice's  court,  affidavit  and  undertak- 
ing 5745. 

Of  court  for  payment  of  money  trans- 
mitted in  lieu  of  undertaking  on 
appeal  from  justice's  court  5792. 

Of  justice's  court  adjudging  person 
guilty  of  contempt  5796. 

Of  justice's  court  for  summoning  jurors 

in  civil  action  5768. 

Papers,  all  blanks  must  be  filled  in  by 
justice  of  the  peace  before  issuance 
except  subpenas  5809. 

District  court  may  compel  transmission 
of  by  justice's  court  on  appeal,  serv- 
ice of  order,  fine  5791. 

Transmission  of  on  change  of  place  of 
trial  of  civil  action  in  justice's  court 
5719. 

What  to  be  transmitted  by  justice's  court 

on  appeal  to  district  court  5791. 
Parties,   infant  or  insane,   how  guardian 
ad  litem  appointed  in  civil  action  in 
justice's  court  5726. 

May  agree  to  postponement  of  civil  ac- 
tion in  justice's  court  5758. 

May  appear  in  person  or  by  attorney  in 
.justice's  court  5725. 


Justices  of  the  peace — continued. 

Parties  may  waive  trial  by  jury  in  civil 

action  in  justice's  court  5766. 
Names   of   to   be   kept   in   alphabetical 
index  tq  docket  in  justice's  court  5802. 
To  action  in  justice's  court,  entitled  to 
one   hour   in   which   to   appear  after 
time  fixed  in  notice  5733. 
Peace,  breach  of,  when  punishable  as  con- 
tempt in  justice's  court  5795. 
Penalty,  justice's  court  has  jurisdiction  if 
amount  does  not  exceed  $300,  exception 
5714. 

Person,  over  20  years  of  age  and  not  party 
may  serve  summons  in  civil  action  in 
justice's  court  5732. 

Personal  property,  action  for  claim  and 
delivery  in  justice's  court  5124,  5135, 
5753. 

Personal  property,  action  to  recover,  jus- 
tice's court  has  jurisdiction  if  value 
does  not  exceed  $300  5714. 
Personal  property,  towrnship  in  which  ac- 
tion for  to  be  brought  in  justice's  court 
5715. 

Plaintiff,  notice  to  be  given  to  of  arrest 
of  defendant  in  civil  action  in  justice's 
court  5747. 
Pleading,  defendant  may  file  in  justice's 

court  and  waive  summons  5724. 
In  justice's  court,  issues  of  law  and  fact 

defined  5761,  5763. 
In  justice's  court,  what  are  and  form 

of  5734,  5735. 
Minute  of  to  be  entered  in  justice  court 

docket  5800. 

^Vllen  postponement  of  trial  allowed  for 
amendment  of  in  action  in  justice's 
court  5757. 

When  to  be  certified  by  justice's  court 
on  transfer  of  case  to  district  court 
for  trial  5721. 

Without  summons  in  justice's  court  5715. 
Possession  of  lands  or  tenements,  legis- 
lature may  confer  power  on  justice's 
court  in  action  for  where  relation  of 
landlord  and  tenant  exists  or  where 
possession  has  been  unlawfully  obtained 
or  withheld  (Nev.  Const,  art.  vi.  sec.  8) 
323. 

Possession,  where  relation  of  landlord  and 
tenant  exists  or  if  unlawfully  retained 
or  withheld,  justice's  court  has  juris- 
diction 5714. 

Postponement,  defendant  under  arrest  in 

civil   action   in   justice's   court'  must 

give  undertaking  before  applying  for 

5759. 

In  civil  action  in  justice's  court,  consent 

to  taking  testimony  of  witness  5759. 
In  justice's  court,  not  to  be  for  more 
than  ten  days  unless  upon  undertak- 
ing conditioned  for  payment  of  judg- 
ment 5760. 

Of  civil  action  in  justice's  court,  affi- 
davit of  evidence  expected  to  be  ob- 
tained 5759. 

Of  civil  action  in  justice's  court,  avoided 
by  admission  that  evidence  would  be 
given  5759. 

Of  trial,  by  consent  in  civil  action  in 
justice's  court  5758. 


2460 


INDEX 


Justice's  court 


Justices  of  the  peace — continued. 

Postponement  of  trial,  in  civil  action  on 

court's  own  motion  5757. 
Of  trial,  upon  application  of  party  in 
civil  action  in  justice's  gourt,  grounds, 
procedure  5759. 

When  justice's  court  must  order  defend- 
ant discharged  from   arrest   in   civil 
action  on  giving  undertaking  5759. 
Proceedings,  supplementary  to  execution, 
provisions  relating  to  district  court  are 
applicable  to  justice's  court  5787. 
Process,  civil,  members  of  legislature  ex- 
empt from  arrest  under  during  ses- 
sion and  for  fifteen  days  before  (Nev. 
Const,  art.  iv,  sec.  11)  269. 
Justice  of  the  peace  may   issue  upon 

docket  of  predecessor  5805. 
May  be  issued  by  justice  of  the  peace 

to  any  part  of  county  5808. 
Promissory    note,    or    other    instrument, 
when  admitted  in  justice's  court  unless 
denied  by  verified  answer  5770. 
Provisional    remedies    in   justice's   courts 

5744. 

Public  records,  docket  and  papers  must 
be  delivered  by  justice  of  the  peace  to 
successor  5803. 

Publication  of  summons  in  action  in  jus- 
tice's court  5732. 

Real  property,  action  for  possession  where 
relation  of  landlord  and  tenant  exists, 
justice's  court  has  jurisdiction  5714. 
Action  involving  title,  jurisdiction  does 

not  lie  in  justice's  court  5714. 
Title  of   if   involved  in  justice's  court 
case  to  be  transferred  to  district  court 
for  trial  5721. 

Trial  of  title  to,  not  within  jurisdiction 
of  justice's  court  (Nev.  Const,  art.  vi, 
sec.  8)  323. 
Relief,   demand   for   to   be   contained    in 

summons  in  justice's  court  5727. 
Religious  belief,  witness  shall  not  be  ren- 
dered incompetent  on  account  of  (Nev. 
Const,  art.  i,  sec.  4)  233. 
Renewal  of  execution,   in  justice's  court 

5785. 

Reply  not  required  in  justice's  court,  law 
raises  issue  of  fact  upon  new  matter  in 
answer  5763. 
Return,   on   arrest  of  defendant   in   civil 

action  in  justice's  court  5747. 
Return    on    summons    in    justice's    court 

served  in  another  county  5732. 
Seal  and  certificate  of  county  clerk  to  be 
attached  to  summons  to  be  served  out 
of  town  in  civil  action  in  justice's  court 
5732. 

Seal  and  certificate  of  county  clerk,  to 
writ  of  attachment  in  justice's  court  for 
service  in  another  county  5751. 
Search  and  seizure,  not  to  take  place  ex- 
cept on  probable  cause  supported  by 
oath  and  particulars  (Nev.  Const,  art 
i,  sec.  38)  247. 

Service,  of  notice  of  hearing  in  justice's 
court  after  service  of  summons  or 
appearance  5755. 

Of  notice  of  time  and  place  of  trial  on 
transfer  of  civil  action  in  justice's 
court  5719. 


Justices  of  the  peace — continued. 

Service  of  summons  by  publication  in  jus- 
tice's court  5732. 
Of  summons  in  action  in  justice's  court. 

limitation  on  5731. 

Of  summons  in  civil  action  in  justice's 
court,  if  out  of  town  certificate  and 
seal  of  county  to  be  attached  5732. 
Of  summons  in  justice's  court,  by  whom 

and  how  made  5732. 
Of  summons,  proof  of  before  judgment 

by  default  in  justice's  court  5754. 
Sheriff,  duties  of  on  receiving  execution 

from  justice's  court  5786. 
May  serve  summons  in  action   in  jus- 
tice's court  5732. 

Several  writs  of  attachment  in  justice's 
court  may  be  issued  to  different  5751. 
To  detain  defendant  arrested   in  civil 
action    in    justice's    court    until    dis- 
charged by  justice  5748. 
To    give    notice    and    make    return    on 
arrest  of  defendant  in  civil  action  in 
justice's  court  5747. 

To  pay  moneys  collected  on  execution 
of  process  to  justice  of  the  peace  5810. 
When  may  arrest  deiendant  in  civil  ac- 
tion in  justice's  court  5744. 
When  to  relinquish  property  on  stay  of 
execution    on    appeal    from    justice's 
court  5793. 

When  to  take  defendant  arrested  in 
civil  action  in  justice's  court  before 
another  justice  5746. 

"Sheriff,"  when  word  "constable"  is  to  be 
substituted  for   in  certain   sections  re- 
lating to  attachment  5752. 
Sickness  of  justice  of  the  peace,  anothei 

may  attend  on  his  behalf  5811. 
Signature  of  makers  of  note  or  instrument 
admitted  in  justice's  court  unless  denied 
by  verified  answer  5770. 
Statement  on  appeal  on  questions  of  fact 
or    both    law    and   fact   from   justice's 
court,  judgment  not  required  5790. 
Statement  on  appeal  on  questions  of  law 
alone  from  judgment  in  justice's  court, 
what    must    contain,    amendments    and 
settlement  5789. 

Stay  of  execution,  by  undertaking  or  de- 
posit on  appeal  from  justice's  court  5792 
Stay  of  execution  in  justice's  court  5783. 
Stay  of  execution,  when  to  be  ordered  by 
justice's    court    pending    appeal,    when 
officer  to  relinquish  property  5793. 
Subpena,    disobedience   of   punishable   as 

contempt  in  justice's  court  5795. 
Subpena  may  be  issued  by  justice's  court 

to  any  part  of  county  5808. 
Successor  of  justice  of  the  peace,  who  is 

5806,  5807. 

Summons,  all  blanks  must  be  filled  in  by 
justice  of  the  peace  before  issuance 
5809. 

Before  issuing  justice's  court  may  re- 
quire deposit  or  undertaking  as   se- 
curity for  costs  5812. 
Date  and  return  to  be  entered  in  jus- 
tice's court  docket  5800. 
Defendant  may  waive  in  justice's  court 
5724. 


2461 


INDEX 


Justice's  court 


Justices  of  the  peace,  summons — continued. 

In  action  in  justice's  court,  how  served 
by  publication  5732. 

In  civil  action  in  justice's  court,  alias 
summons  may  issue,  time  for  appear- 
ance 5729,  5730. 

In  civil  action  in  justice's  court,  how 
issued,  directed  and  what  to  contain 
5727. 

In  civil  action  in  justice's  court,  limita- 
tion on  service  5731. 

In  civil  action  in  justice's  court  to 
specify  time  for  appearance  of  de- 
fendant, indorsement  5728. 

In  justice's  court,  by  whom  and  how 
served  and  returned  5732. 

In  justice's  court,  if  out  of  town  cer- 
tificate and  seal  of  county  clerk  to  be 
attached  5732. 

In  justice's  court,  name  of  plaintiff's 
attorney  to  be  indorsed  on  5727. 

Issuance  of  in  justice's  court  5722.  5723. 

May  issue  within  a  year  after  filing  of 
c. nn plaint  in  justice's  court  5723. 

Proof  of  service  of  before  judgment  by 
default  in  justice's  court  5754. 

When  order  of  arrest  may  be  indorsed 
on  in  civil  action  in  justice's  court 
5744. 

Supplementary  proceedings  to  execu- 
tion, relatiui:  to  district  court  are 
applicable  to  justice's  court  5787. 
Sureties,  on  undertaking  for  attachment 
in  justice's  court,  exception  to,  justi- 
fication, waiver  5750. 

On  undertaking  for  payment  of  judg- 
ment when  adjournment  for  more 
than  ten  days  in  justice's  court  5760. 

On  undertaking  on  appeal  from  justice's 

court  5702. 
Tax.    if  legality  of   involved   in  justice's 

court,  case  to  be  transferred  to  district 

court  for  trial  5721. 
Taxes,   action  for  collection  of,  justice's 

court    has    jurisdiction    where    amount 

does  not  exceed  $300  5714. 
Testimony,  consent  to  taking  in  civil  ac- 
tion   in  justice's   court  on   postpone- 
ment 5759. 

May  be  taken  by  deposition  before  jus- 
tice of  the  peace  on  postponement  of 
civil  action  5759. 

Time  required  for  obtaining  ground  for 
postponement  of  civil   action   in  jus- 
tice's court  5759. 
Time,  when  trial  must  be  commenced  in 

justice's  court  5756. 

Title,  of  action  to  be  entered  in  justice's 
court  docket  5800. 

Of  summons  in  civil  action  in  justice's 
court  5727. 

To  real  property,  if  involved  in  justice's 
court,  case  to  be  transferred  to  dis- 
trict court  for  trial  5721. 

To  real  property  or  mining  claims,  ac- 
tion involving,  jurisdiction  does  not 
lie  in  justice's  court  5714. 

To  real  property  or  mining  claims  or 
questions  of  boundaries  not  to  be 
tried  in  justice's  court  (Nev.  Const, 
art.  vi,  sec.  8)  323. 

155 


Justices  of  the  peace — continued. 
Toll,   if  legality  of  involved   in  justice's 

court,  case  to  be  transferred  to  district 

court  for  trial  5721. 
Township,  in  which  action  to  be  brought 

in  justice's  court  5715. 
Transcript   of   docket  to   be  certified  on 

change  of  place  of  trial  in  justice's  court 

5719. 

Transcript  of  oral  pleadings  to  be  certi- 
fied  by  justice's  court  on  transfer  of 

civil  action  to  district  court  for  trial 

5721. 

Trial,  by  jury,  demand  for,  entry  to  be 
made  in  justice's  court  docket  5800. 

By  jury,  in  civil  action  in  justice's  court, 
how  waived  5766. 

By  jury,  secured  but  may  be  waived  in 
civil  cases  (Nev.  Const,  art.  i,  sec.  3) 
232. 

De  novo  in  justice's  court  when  appeal 
from  justice's  court  on  questions  of 
fact  or  both  law  and  fact  5790. 

In  civil  cases  three-fourths  of  jury  may 
render  verdict,  but  legislature  by  two- 
thirds  vote  may  require  unanimous 
(Nev.  Const,  art.  i,  sec.  3)  232. 

In  district  court  on  appeal,  either  party 
may  have  benefit  of  objections  made 
in  justice's  court  5791. 

In  justice's  court  in  civil  action,  when 
may  he  postponed  of  court's  own  mo- 
tion 5757. 

In  justice's  court,  judgment  to  be  en- 
tered at  close  of  if  no  jury  5774. 

In  justice's  court,  may  proceed  if  either 
party  fails  to  appear  5767. 

New,  when  district  court  may  order  on 
appeal  from  justice's  court  5794. 

Notice  of  time  of,  to  be  issued  by  jus- 
tice's court  on  transfer  of  place  of 
trial  in  civil  action  5719. 

Of  civil  action  in  justice's  court,  change 
of  place  of  5716. 

Of  civil  action  in  justice's  court,  time 
for  to  be  fixed  by  justice  5733. 

Of  issue  of  fact  in  justice's  court,  by 
jury  unless  waived  5765. 

On  appeal  from  justice's  court,  powers 
of  district  court,  dismissal,  damages, 
costs,  judgment  5794. 

Postponement  of  by  consent  in  civil 
action  in  justice's  court  5758. 

Postponement  of  on  application  of  party 
in  civil  action  in  justice's  court, 
grounds,  procedure  5759. 

Proceedings  after  order  changing  place 
of  in  civil  action  in  justice's  court 
5719. 

Provisions  relating  to  change  of  place 
of,  applicable  to  cases  appealed  to 
district  court  5794. 

When  must  be  commenced  and  how  con- 
tinued in  civil  action  in  justice's  court 
5756. 

Undertaking,  action  upon,  justice's  court 
has  jurisdiction  if  amount  does  not 
exceed  $300  5714. 

For  arrest  of  defendant  in  civil  action 
in  justice's  court  5745. 


Justice's  court 


INDEX 


2462 


Justices  of  the  peace — continued. 

Undertaking  for  payment  of  judgment 
when  adjournment  for  more  than  ten 
days  in  justice's  court  5760. 

For  release  of  attachment  in  justice's 
court  5751. 

In  justice's  court,  deposit  may  be  made 
in  lien  of  in  all  cases  5816. 

On  appeal  from  justice's  court,  require- 
ments with  or  without  stay,  deposit, 
justification  of  sureties  5792. 

On  appeal,  entry  of  in  justice's  court 
docket  5800. 

On  attachment  in  justice's  court,  excep- 
tion to  sureties,  justification,  waiver 
5750. 

Unlawful  entry  and  detainer,  evidence  re- 
garding may  be  given  in  justice's  court 

5721. 
Vacancy  in  office  of  justice  does  not  affect 

action  4884. 
Venire,  alias  for  jurors  in  civil  action  in 

justice's  court  5768. 

Venue,  action  brought  in  wrong  in  jus- 
tice's court,  when  may  be  dismissed 
5772. 

In  action  in  justice's  court  may  be 
changed  5716,  5718. 

Of  action  in  justice's  court,  when  can- 
not be  changed  more  than  once  on 
motion  of  same  party  5717. 

Of  civil  actions  in  justice's  courts  5715. 

Overruling  of  objection  that  action  in 
justice's  court  is  in  wrong,  cause  of 
reversal  on  appeal  only  5772. 

Provisions  relating  to  change  of  appli- 
cable to  trials  on  appeal  in  district 
court  5794. 

Verdict,  in  justice's  court,  judgment  to  be 
entered  at  once  in  conformity  to  5773. 

Or  disagreement  of  jury  to  be  entered 

in  justice's  court  docket  5800. 
Verified  answer  or  oath  showing  grounds 

for  transfer  of  case  from  justice's  court 

to  district  court  5721. 
Verified  denial  in  answer  required  in  jus- 
tice's court  or  written  instrument  will 

be  admitted  5770. 

Waiver,  of  objection  that  action  in  jus- 
tice's court  is  in  wrong  township  5772. 

Of  objection  to  sureties  to  undertaking 
for  attachment  in  justice's  court  5750. 

Of  trial  by  jury  in  justice's  court  5766. 

Warrant,    for   arrest    of   person    charged 

with  contempt  by  justice's  court  5797. 

For  search  and  seizure  shall  not  issue 
but  on  probable  cause  supported  by 
oath  and  particulars  (Nev.  Const,  art. 
i.  sec.  18)  247. 

Witness,  consent  to  taking  of  testimony 
in  civil  action  in  justice's  court  on 
postponement  5759. 

Deposition  taken  on  postponement  of 
civil  action  in  justice's  court  may  be 
read  5759. 

Fees  2000,  2012. 

If  justice  of  the  peace  material,  when 
defendant  arrested  in  civil  action  to 
be  taken  before  another  justice  5746. 

Refusing  to  be  s\vorn  or  answer,  pun- 
ishable for  contempt  in  justice's  court 
5795. 


Justices  of  the  peace — continued. 

Witness  not  to  be  rendered  incompetent 
on   account   of   religious   belief  (Nev. 
Const,  art.  i,  sec.  4)  233. 
Sworn,  name  of  to  be  entered  in  jus- 
tice's court  docket  5800. 
Testimony  of  may  be  taken  before  jus- 
tice of  the  peace  for  postponement  of 
civil  action  5759. 

Writ  of  attachment,  in  civil  action  in  jus- 
tice's court,  substance  of,  several  may 
be  issued  to  different  counties  5751. 
In  justice's  court,  certain  sections  made 

applicable  5752. 

In  justice's  court,  for  service  in  another 
county,  to  have  certificate  under  seal 
of  county  clerk  5751. 
Issuance  of  to  be  noted  in  justice's  court 

docket  5800. 

Written  instruments,  when  admitted  in 
justice's  court  unless  denied  by  veri- 
fied answer  5770. 

When  inspection  may  be  ordered  in  jus- 
tice's court  5769. 

Justice's  court  and  justice  of  the  peace  (Crim- 
inal Practice),  absence  or  illness  of  jus- 
tice, other  called  4926. 
Action  not  affected  by  vacancy  4884. 
Accused  may  appear  and  defend  in  person 

and  with  counsel  237. 

Appeal  to  district  court,  final  321,  4840,  4848. 
Apprentices,  hearings  concerning  490-496. 
Bail,  excessive,  not  to  be  required  235. 

Right  of(Nev.  Const.)236. 
Bonds  of  surety  company,  may  accept  695- 

701. 
Children    under    18,   charged  with  crime, 

transfer  to  district  court  741. 
Children  under  12  not  to  be  committed  to 

jail  742. 

Concurrent  jurisdiction  323,  5714. 
Contempt  to  resist  process  2833,  2834. 
Contributory  dependency  and  delinquency, 

duties  under  act  741,  742. 
Court  of  justice  316,  4829. 
Courts  of  record,  not  to  conflict  with  323. 
Counsel,  right  to  appear  by  237. 
Criminal  jurisdiction  323,  4851,  7440. 
Criminal  powers  on  nonjudicial  day  4870. 
Criminal  proceedings  against  minors  741. 
Debt,  imprisonment  for,  forbidden  243. 
Disability  of  justice,  other  may  call  to  act 

4926,  5811. 

Disqualification  to  act,  grounds  of  4865. 
English  language  used  4885. 
Excessive  bail  or  fine  not  to  be  exacted  235. 
Federal  jurisdiction  over  certain  property 

in  state  1949-1952. 
Final  appeals  from  4840. 
Fines,  excessive  not  to  be  imposed  235. 
Fire,  inquest  to  determine  cause  7532-7539. 
Imprisonment  for  debt  prohibited  243. 
Incendiarism,  inquest  to  determine  cause  of 

fire  7532-7539.     See  Incendiarism. 
Jeopardy,  twice  in.  forbidden  237,  7113. 
Judicial  power,  vested  in  what  courts  316. 
Jurisdiction,  criminal  323,  4851,  7440. 
Jury,  may  be  waived  232. 
Jury  trial  guaranteed  232. 
Justice,  not  to  have  partner  in  practice  4867. 
Sick,  may  call  other  to  act  4926,  5811. 


2463 


INDEX 


Justice's  court 


Justices  of  the  peace — continued. 

Minors,  criminal  proceedings  against  741. 
Misdemeanors,  jurisdiction  of  4851. 
Nonjudicial  days,  certain  business  may  be 

transacted  on  4870. 
Orders,  power  to  enforce  4864. 
Other  justice,  may  call  to  act,  when  4926, 

5811. 

Partition  fences,  proceedings  to  settle  con- 
troversies over  3604-36^)8. 
Partner,  in  practice,  justice  not  to  have  4867. 
Proceedings  public  4862. 
Process,  power  to  enforce  2833-2835,  4864. 
Process,  style  of  328. 
Prosecutions  conducted  in  name  of  state 

828. 
Punishments,  cruel  or  unusual   forbidden 

235. 
Search  warrant,  constitutional  regulations 

247. 
Search    warrant,  issue   only   on    probable 

cause  247. 
Sickness  of  justice,  other  may  call  to  act 

4'.  »26,5811. 
State,  prosecutions  conducted  in  name  of 

328. 

Style  of  process  32S. 

Surety  company  bcmd,  may  accept  695-701. 
Town  ordinances,  violations  of,  trial  886. 
Townships  to  have  :\'2:\. 
Trial  by  jury  guaranteed  -'.\'2. 
Trials  for  misdemeanor  7470,  et  seq. 
Unlawful  assembly  to  disperse  2836-2838. 
Witness    against    self,  not     compelled    in 

criminal  case  237. 
Witnesses,  not  to  be  unreasonably  detained 

236. 
Justice's    court   and    justice    of    the    peace 

(Preliminary  Examination) ,  adjournment 

•  i«.»73,  6974. 

After  demurrer  sustained  7101. 
After  discharge  from  indictment  7092. 
Bail,  minimum  for  felony  6989. 
Bail  on  7313,  7316. 
Closed  doors,  when  6985. 
Commitment  of  defendant,  form  of  6987- 
6992. 

How  executed  6991. 
Counsel,  right  to  have  6970-6972. 
Defendant,  informed  of  right  to  make  state- 
ment 6978. 

May  become  witness  6983. 

Statement  of,  form   and   authentication 
6983. 

Statement,  waiver  of,  cannot  use  against 

6979,  6983. 

Discharge,  form  of  order  6986. 
Magistrate,  inform  defendant  of  rights  6970, 
6978. 

Return  of  proceedings  6998. 
Of  corporation  7406,  7407. 
Statement  of  defendant  6978-6982. 
Stenographer,  may  be  employed,  compen- 
sation 6977. 

Testimony,  filed  with  clerk  of  district  court 
6977. 

Used  on  trial  or  habeas  corpus  6977. 
Who  may  attend  6985. 
Witnesses,  examination  of  6977. 

Exclusion  during  examination  of  defend- 
ant or  security  for  appearance  6993-6997. 


Justices  of  the  peace— continued. 
Witnesses,  subpena  for  6976. 

Without  surety,  conditionally  examined 

6997. 

Justice's  court  and  justice  of  the  peace  (Prose- 
cutions for  Misdemeanor) ,  acquittal,  ma- 
licious prosecution,  costs  7501,  7502. 
Action,  how  commenced  7471. 
Affidavits,  entitlement  7522. 
Arrest  of  judgment,  grounds  7494,  7496. 
Appeal  to  district  court,  bail,  pending  7515. 

Complaint,  dismissal  on,  grounds  7517. 

Dismissal,  grounds  7516. 

Judgment  and  execution  7518. 

Justice  to  transmit  record  7514. 

Notice  of  7513. 

Plea,  anew  75 IS. 

Record  on  7514. 

Right  of  7286. 

Stay  of  proceedings  751:1. 

Trial,  anew  7516. 

Trial,  procedure  7518. 

When  to  be  taken  7512. 

Witnesses,  bond  of  or  testimony  7515. 
Bail,  generally  7308-7347,  7520. 
Bail,  pending  postponement  of  judgment 

7498. 

Bail  or  deposit,  forfeiture  7510. 
Complaint,  form  and  sufficiency  7471,  7472. 
Complaint  read  to  defendant  7475. 
Constable,  when  may  be  deputed  7524. 
Contempt  7519,  7521. 
Costs,  judgment  for  7499. 
Costs,  malicious  prosecution  7501,  7502. 
Costs  not  to  be  deducted  from  fines  3760, 

7463. 

Court  to  decide  law  327,  7487. 
Defendant  discharged,  when  7481,  7505. 
Defendant,  failing  to  appear  for  judgment 
7511. 

Presence  of  7482. 
Demurrer,  grounds  of  7480. 

Sustained,  new  complaint  7481. 
Docket  7474. 
Evidence  in  public  7486. 
Entitling  affidavits  7522. 
Execution  of  judgment,  duty  of  officer  7507. 
Fees,  recovered  as  costs  7465. 
Fine,  costs  not  to  be  deducted  from  3760. 

How  enforced  7503. 

Imprisonment  in  lieu  of  7500. 

Paid  to  city  treasurer,  when  7508,  7509. 
Forfeiture  of  bail  on  deposit  7510. 
Grounds  for  arrest  of  judgment  7496. 
Grounds  for  new  trial  7495. 
Gravity  of   offense,  examination  to  deter- 
mine 7477. 

Higher  offense,  examination  for  7477. 
Imprisonment,  how  executed  7507. 
Judgment,  acquittal  or  fine,  only  defendant 
discharged  7505. 

Fine,  how  enforced  7503. 

Imprisonment  in  lieu  of  7500. 

Imprisonment,  how  executed  7507. 

Imprisonment,  until  fine  paid  7506. 

Or  imprisonment,  costs  7499. 

Pronounced,  when  7497,  7498. 

Several  defendants  7491. 

When  entered  7511. 
Jurisdiction  323,  4851,  7470. 
Jury  trial  7483-7493.     See  Trial,  post. 


Justice's  court 


INDEX 


2464 


Justices  of  the  peace — continued. 

Malicious  prosecution,  costs  7501,  7502. 
Motion  for  new  trial  or  arrest  of  judgment 

7498. 

Name  of  defendant  7475. 
New  trial,  grounds  7494,  7495. 
Officers  executing  judgment,  duty  7507. 
Plea,  how  entered  7477. 
Plea,  kinds  of  7475,  7476. 
Preliminary  examination  6970-6998. 
Questions  of  law  and  fact,  how  decided  7487. 
Retrial,  jury  discharged  7493. 
Subpena,  form  7519. 
Trial,  defendant  discharged,  when  7505. 
Form  of  verdict  7490. 
Jury,  challenge,  trial  of  7486. 
Deliberation  of  7488. 
Discharged,  retrial  7493. 
Formation  7124. 

Number,  how  summoned  7122,  7483. 
Oath  of  7485. 

Oath  of  officer  in  charge  7488. 
To  decide  fact  7487. 
To  sit  together  7486. 
Verdict,  entry  7489. 
Waiver  of  7122. 
When  discharged  7492. 
Oath  of  officer  in  charge  of  jury  7488. 
Postponement  for  cause  7479. 
Presence  of  defendant  7482. 
Retrial,  jury  discharged  7493. 
Several    defendants,    verdict,   judgment 

7491. 

Verdict,  entry  of  7489,  7504. 
Form  of  7490. 
Several  defendants  7491. 
When  to  begin  7478. 
Waiver  of  jury  7122. 
Warrant  of  arrest,   failure  to  appear   for 

judgment  7511. 
Warrant  of  arrest,  form  7473. 
Witnesses  7519. 
Witnesses,  competency  7523. 
Justice  of  the  peace  as  ex  officio  coroner,  ac- 
tion against  for  official  misconduct  may 
be  commenced  within  two  years  4967. 
Burial,  expense,  how  paid  7557. 

Permit  to  issue  6549,  6550. 
Dead  body,  duty  in  relation  to  6814. 
Deputy,  appointment  of  7543. 

Responsible  for  on  bond  7543. 
District  8542. 

Entitled  to  only  one  mileage  for  serving 
more  than  one  process  in  same  action 
requiring  only  one  journey  2037. 
Fees  1998,  2010. 
Payable  by  county  7556,  7558. 
Sheriff  acting  as  7558. 
When  acting  as  sheriff  2010. 
Inquest,  contempt,  failure  to  obey  subpena 

7548. 

Juror,  failure  to  attend,  penalty  7545. 
Jurors,  number  7544. 
Juror,  oath  of  7546. 

Physician  or  surgeon,  may  summon  7547. 
Testimony  reduced  to  writing,  filing  7550.  - 
Verdict,  contents  7549. 
Warrant  of  arrest    for  accused,  service 

and  return  7551,  7552. 
Witnesses,  subpena  for  7547. 
Jurisdiction,  adjoining  township  7559. 


Justices  of  the  peace,  as  coroner— continued. 
Jurors,  pay  of  7560. 
Justice  of  peace,  ex  officio  7543. 
Mileage  2037. 

Property  found  with  deceased,  disposition 
7553. 

Of  deceased,  affidavit  of  coroner  concern- 
ing 7556. 

Of  deceased,  proceeds  paid  to  representa- 
tives 7555. 

To  deliver  to  treasurer,  when  7553. 
Sale  of  deceased's  property,  when  7554. 
Sheriff  acting  as,  fees  7558. 

Coroner  to  succeed,  when  2882. 
Township,  coroner's  district  7542,  7559. 

Without,  nearest  may  act  7559. 
Treasurer,  custodian  of  property,  sale  of 

7553, 7554. 
When  to  return  and  stay  execution  pending 

appeal  in  district  court,  D.  C.  rule  xxii, 

p.  1429. 

Justice    of   the  peace  as    ex  officio  registry 
agent  1705-1735.    See  Registration  and  Reg- 
istry Agent  under  Elections. 
Justice  of  the  peace,  miscellaneous  provisions. 
Absence  or  sickness,  other  may  act  4926. 
Acknowledgment  may  take  4883. 
Action,  buying  or  inducing,  penalty  2821, 

6367. 

Affidavits  may  take  4883. 
Apprentices,  hearing  concerning  490-496. 
Bond,  approval  and  filing  2786,  4852,  4927, 

4928. 

Boundaries  of  township  changed,  effect  2784. 
Bounties,  noxious  animals,  duties  as  to  719, 

721,  725,  726. 
Buying  or  inducing  action,  penaltv  2821, 

6367. 
Cities  and  townships  to  have  (Nev.  Const.) 

323. 

Commissioners  to  approve  bond  4927, 4928. 
Commissioners    to    determine     townships 

2782. 

Commissioners  to  fill  vacancy  4852. 
Conservators  of  the  peace  1689. 
Court  held,  where  4871. 
Deputy,  registry  agent  may  appoint  1705. 
Disability  of,  other  may  call  to  act  4926, 

5811. 

Duel,  failure  to  prevent  2823. 
Duties,  and  responsibilities,  legislature   to 

fix  323. 

Election  of  2765,  2773,  2782,  4852. 
Estrays,  duties  and  liabilities  concerning, 

fees  to  receive  2277-2282. 
Executive  or  legislative  functions  forbid- 
den 258. 
Fees  2003,  2015. 
Fees  and   perquisites,   may   receive  (Nev. 

Const.)  325,  203,  2015. 
Fees,  in  estray  cases  2882. 

Monthly  statement  of,  to  make  2021. 

Noxious  animals  721,  726. 

On  appeal  from  2031. 
Fence  viewers,  to  appoint,  when  3605. 
Fines,  to  pay  to  county  treasurer  7508. 
Foreigners,  rights  of  245. 
Incendiarism,  inquest   to  determine  7532 

7539.     See  Incendiarism. 
Judgments,  power  to  enforce  4864. 

Purchase  of,  penalty  2821. 


2465 


INDEX 


Kindred 


Justices  of  the  peace  —  continued. 
Judicial  days  4869. 
Legislature  to  determine  number  and  juris- 

diction 323. 

May  act  for  police  judge  836. 
May  act  one  for  another  4926. 
May  depute  constable,  when  7524. 
Mine,  stockholder,  may  give  order  for  ad- 

mission to  2495. 

New  township  created,  effect  2783,  2784. 
Noxious  animals,  duties  as  to  bounties  719, 

721,724,726, 

Number  of  in  county  2782. 
Oath  and  bond  2786,  4927. 
Other  justice  may  call  to  act  4926,  5811. 
Place  of  holding   may  be  changed,  when 

4873,  4874. 
Power    to   enforce   order,  judgments,  and 

process  4864. 

Purchasing  judgment,  penalty  2821. 
Registry  agent,  deputy  may  appoint  1705. 

Duties  1705-1735.     See  Elections. 
Riotous  assembly  to  order  to  disperse  2836- 

2838. 

Sickness  of,  other  may  call  to  act  4926,  5811. 
Term  of  office  2782,  2783,  4852. 
Time  limit,  other  justice  to  act  4926. 
Town  government  act,  jurisdiction  886. 
Township,  boundaries  changed,  effect  2784. 
Townships,  to  have  :'.•_':;. 
Unlawful  assembly,  to  disperse  2836-2838. 
Vacancy,  how  filled  4852. 
Where  held  487  1  . 

Justices  of  supreme  court.     See  Constitution 

of  Nevada,  Supreme  Court,  Civil  Practice. 

Justifiable  homicide,  what  constitutes  r>.7.»4- 


Justification  of  bail  and  sureties.     See  Civil 

Practice. 

JUVENILE  COUET 
Act  construed  750,  764. 
Adoption  of  children  746. 
Agents  of  reformatories,  duties  and  compensa- 

tions 743. 

Answer  to  summons  732. 
Appeal  to  supreme  court  753. 
Bond  to  secure  support  of  dependent  child  759, 

760. 
CHILD— 

Custody  of  732. 

How  represented  732. 

May  be  sent  to  hospital  738. 
CHILDREN— 

Adoption  of  746. 

Not  to  be  confined  with  adult  convicts  742. 

Taken  from  custody  of  parent  or  guardian 

734. 

Clerk,  duties  of  733. 
Contempt  of  court,  order  732. 
Contempt  to  interfere  with  orders  of  court  754. 
Contracts  made  with  other  states  756. 
Contributory   delinquency,   suspension   of  sen- 

tence 758-762. 
Contributory   dependency,    suspension   of   sen- 

tence 758-762. 

Construction  of  act  750,  764. 
Corporations  for  care  of  delinquent  children 

forbidden  744. 

Criminal  proceedings  before  magistrates  741. 
Dependent  child  defined  728. 


DETENTION  HOME  734— 

Superintendent  or  matron  of  742. 

To  be  provided  742. 
Delinquent  children  not  regarded  as  criminals 

750. 

Delinquent  children,  proceedings  against  737. 
Expense  of  maintenance  and  education,  state 

charge  745. 

Fees,  when  not  to  be  charged  or  collected  749 
Felony,  indictment  for,  suspension  of  737. 
Foreign  corporations,  conditions  bringing  chil- 
dren into  state  747. 

Guardian  or  parent,  duty  to  support  751. 
GUARDIANS— 

Powers   over  and   duties   of  734,   735,   739, 
740,  752. 

Qualification  of  739. 

Removal  of  740. 

To  have  custody  only  752. 

To  report  to  judge  740. 
Hearing,  continuation  of  732. 
Indictment,  felony  for,  suspension  of  737. 
Institutions  for  care  of  children  734,  735. 
Jury  trial  729. 

Jurisdiction,  district  courts  729. 
Juvenile  department  730. 
Neglected  child  defined  728. 
Pmvut  or  guardian,  duty  to  support  751. 
Petition  to,  form  of  731. 
PROBATION  COMMITTEE— 

Detention  home,  to  manage  734. 

Powers  and  duties  734. 
PROBATION  OFFICER— 

Appointment    approved    by    governor,    state 
and  district  superintendent  of  schools  733. 

Appointment  of,  filed  with  clerk  733. 

Assistant  733. 

Duties  733. 

Oath  of  office  733. 

Powers  733,  763. 

Removal  of  733. 

Salary  733. 

Proof  of  dependency  or  delinquency  764. 
Records,  how  kept  730. 
Reformatories  743. 
Reformatories,  agents  of  743. 
Religious  beliefs,  respected  748. 
Representatives  of  foreign  corporations  bring- 
ing children  into  state  in  violation  of  law, 

misdemeanor  747. 
Summons,  form  and  service  732. 
Suspension  of  sentence  758-762. 
Suspended  sentence,  conditions  of  759,  760. 
Suspended    sentence,    violation    of    conditions 

761. 
Terms  defined  728.     See  Civil  Practice. 


Juvenile  offenders,  house  of  refuge  to  be  main- 
tained by  state  366. 


Kidnaping,  consent,  when  defense  6421. 
Defined  6419,  6421. 
Jurisdiction  of  courts  6421,  6915. 
Kin,  next  of,  when  entitled  to  damages  for 
death   by  negligence   of  common  carrier, 
mill  or  mine  operator  5650. 
Kindred,   degrees   of,  how   computed   6119. 
See  chart  on  "  Consanguinity,"  appendix, 
p.  2113. 


Kindred 


INDEX 


2466 


Kindred— continued. 

Liable  for  expenses  of  insane  person,  same 

lien  on  property  of  2200. 
May  have  damages  for  death  by  wrongful 

act  5648. 

Of  insane  may  be  ordered  by  district  judge 
to   pay   charges    for   insane,  and   order 
becomes  lien  upon  property  of  2200. 
Klondyke,  game  prohibited,  penalty  6518. 
Knights   of   Pythias,  body   corporate,  when 
1416.     See  Corporations"  338-344,  1105-1440. 
"Knowingly,"  defined  6294(4). 


Label,  on  drugs,  omitted  or  made    wrong, 

penalty  6542,  6543. 

Labor.     See  Employer  and  Employee. 
Action  on  lien  for  2222-2228. 
Amount  of  necessary  to  perform  on  mining 

claims  annually  2382. 

Conditions  misrepresented  unlawfully  1936. 
Eight  hours  for  mine,  top  men  1941. 
Endangering  life  by  refusal  6588. 
Organization,  agreements  to  become  or  not 

to  become  member  6792,  6793. 
Patented  mines  considered  in  assessment 

(Const.)  352. 

Preferred  claims  for  wages  5493-5494,  6145. 
Representative,  bribing  or  receiving  bribe 

6794,  6795. 
Laborers,  false  advertising    or   deception  to 

change  from  one  place  to  another  1936. 
Have  preferred  lien  for  wages  5493,  5494. 
Ladders  and  landings  in  mines,  regulations 

as  to  4216. 
Lake  County,  creation  and  boundaries  1447, 

1484, 1485.     See  Washoe  County. 
Land.     See  Public  Lands. 
Action  for  condemnation  of,  for  mines  2459. 
Assessed  by  board  of  assessors,  how  and 

when  3797. 
Assessed  how  3786. 
Conflicting  applications  for  state,  certified 

to  district  court  3208. 
Congress  may  legislate  concerning  certain 

lands  (Const.)  127. 
Contest  before  United  States  land  office  as 

to  mineral  or  agricultural  character  of 

land  2397. 
Deed  made  under  tax  sale  by  treasurer  not 

prim  a  facie  evidence  of  title  in  purchase 

when  record  destroyed  563. 
Defined  1088. 
Eminent  domain  may  be  used  for  purpose 

of  reclaiming  5606. 
Grants   by   state   signed   how,    state   seal 

affixed  309. 

Grants  to  state  355,  3179-3195. 
Grants  to  state,  dedicated  to  educational 

purposes  355. 

Improvements  on,  assessed  how  3786. 
Marks,  removal  of,  punished  how  6676. 
Mineral  in  character  reserved  from  sale, 

when  2376. 

Minimum  assessment  3838-3840. 
Of   nonresident   citizen,   not   to   be  taxed 

higher  than  resident  228. 
Patents,  record  of,  admissible  in  evidence 

1053-1054,  5415. 
Public,  improvement  required  by  claimant 

of  possession  5852. 


Land— continued . 

Sales    of    state,    reported    to    assessor   by 
surveyor-general  3199. 

Unassessed,  taxes  on,  county  assessor  liable 
for  3839.     See  Revenue  3617-3904. 

When ,  may  be  taken  under  eminent  domain 

5606,  5608. 
Land  office,    federal,   contest   before    as   to 

mineral  or    agricultural  character  of  land 

2397. 

Land  patent,  when  admitted  in  evidence  5415. 
Lander   County,    creation,    boundaries    and 

seat  390,  1455,  1467-1470. 
^  Landlord  and  tenant,  jurisdiction  of  actions 

concerning,  legislature's  power   over   323. 

See    District  Court,  Justice  of   the  Peace, 

Civil  Practice. 

Lands  and  tenements,  legislature  may  con- 
fer jurisdiction  on  justice's  court,  when  323. 

See  Civil  Practice. 
Lansquenet,  game  of,  prohibited,  punished, 

how  6518. 
Larceny.     See  Grand  Larceny. 

Animal,  trial,  evidence  7172. 

Cattle,  brand,  prima  facie  proof  of  owner- 
ship 7172. 

Chapter  concerning  6638-6652. 

Committed  by  lodger  6646. 

Conviction    of,  excludes  from    jury  unless 
restored  to  civil  rights  285. 

Crime  of  7068. 

Dog  6647. 

From  bank  646. 

From  person  of  another  6822. 

Grand,  defined  6638,  6640. 

Jurisdiction  of,  what  courts  6917. 

Jury  service,  conviction  of,  excludes  from 
285. 

Negotiable  or  other  instrument  6645. 

Part  interest  in  property,  no  defense  6652. 

Petit,  defined  6639. 

Property,    stolen,    how  disposed    of   6650, 

6651,  7428,  7445-7450. 
Last  will  and  testament.     See  Wills  6202-6225, 

Estates  of  Deceased  Persons  5857-6148. 
Law.     See  Laws. 

Due  process  of,  guaranteed  175,  237. 

Enacted  by  legislature,  to  embrace  one  sub- 
ject, expressed  in  title  275. 

Enacted   by   legislature,  local   or  special, 
restrictions  on  278. 

Equal  protection  of,  guaranteed  185. 

Ex  post  facto,  forbidden  131-137,  244. 

Impairing  obligation  of  contract,  forbidden 
131-137,  244. 

Issue  of,  defined  5195;  how  tried  5198. 

Judge  may  declare,  to  jury  327. 

When  bill  becomes,  without  action  of  gov- 
ernor 293. 
Law  and  equity  administered  in  same  action 

329. 
Law  books  and  reports,  secretary  of  state  to 

distribute  and  sell  2932-2937. 
Law  day  in  district  court  on  Saturday  of  each 

session,  rule  v,  p.  1426. 
Lawful  age  6154. 

Lawful  resistance  6859,  6861.     See  Civil  Prac- 
tice. 

Laws.     See    Constitution    of   Nevada,   Law, 
Legislature,  Civil  Practice. 


2467 


INDEX 


Legislature 


Laws — continued. 

Compilation   and  annotation  of  1005-1016. 
Enacted  by  legislature,  how  275,  281,  293. 
General  and  uniform,  to  be,  when  "27V. 
Governor  to  have,  faithfully  executed  300. 
Local  or  special,  when  invalid  278. 
Of  territory  remain  in  force,  when  386. 
Subject  to  be  expressed  in  title  275. 
Laws  and  reports  of  state,  to  be  distributed 

1832,  2934. 
Laws  and  judicial  decisions,  to  be  free  for 

publication  376. 

Lease.     See  Conveyances  1017-1104. 
Lease,  city  lots  or  property,  forbidden  longer 

than  twenty  years  1092. 
Lease,  of  agricultural  lands  runs  for  another 

year  if  tenant  not  notified  5589. 
Leave  of  absence,  granted  state  employees, 

what  4109. 

Forbidden  as  to  judicial  officers  332. 
Granted  controller  4154. 
Granted  county  officers,  how  1566-1568. 
Legacies.     See  Estate  Deceased  Persons  5857- 

6148. 
Legal  day's  work,   various    vocations.     See 

Eight-hour  Law. 
Legal  disability,  effect  on  statute  limitations 

4966,  497»i. 

Legal  interest,  rate,  7  per  cent,  when  2IW. 
Legal  ballots.     See  Elections. 
Legal  notices  posted,  malicious  removal  or 

injury  of  6752. 

Legal  residence,  what  1016.     See  Residence. 
Legal    disability,  time  within   which    minor 
may  bring  action  against  sureties  on  bond 
of  guardian  6185. 

Legal  title  to  real  property,  when  holder  pre- 
sumed to  be  in  possession  4! '•">.">. 
Legislative  acts,  authentication  of,  under  acts 

of  Congress  526. 

Legislative  authority  of  state,  how  vested  259. 
Legislative  department,  persons  in  not  to  exer- 
cise executive  or  legislative  functions  258. 
Secretary  of  state  to  keep  record  of  official 

acts  313. 
Legislative   sessions   to  be  held  at   seat   of 

government  259. 
Legislature.      See    Constitution    of   Nevada, 

Civil  Practice. 

Allowance  for  stationery,  not  to  exceed  4393. 
Amendment  or  revision  of  laws,  how  275. 
Amendments  to  constitution  to  be  ratified 

by  166. 

Application    to    federal    government,  may 

make  to  suppress  domestic  violence  165. 

Appointments,  governor  to  notify  of  2811. 

Apportionment  of  school  money,  to  provide 

for  352. 
Arrest  on  civil  process,  members  exempt 

from  269. 
Assembly,  officers    and    attaches   of   4115, 

4125. 

Organization,  roll  to  control  4112. 
Secretary  of  state  to  call  to  order  4113. 

To  make  out  roll  4112. 
Assembly    or    senate,    adjournment    from 

time  to  time  273. 

Adjournment  of,  by  governor,  when  304. 
Amend  bills,  originating  in  other  house 

274. 
Attached  of  4114,  4115,  4125. 


Legislature— continued. 

Attendance,  may  compel  271. 
Penalties  for  failure  of,  may  prescribe 

271. 

Basis  of  representation  :>S1. 
Bills  may  originate  274. 
Chambers  of  legislature  may  be  used  for 

public  purposes  4416. 
Choose  own  officers  264. 
Compensation  of  members  or  officers  of 
not  to  be  increased  or  decreased  dur- 
ing term  286. 
Constitutional    amendments,  action    on 

383,  384. 

Constitutional  convention,  calling  of  384. 
Contempt  of,  may  punish  265. 
County  officers,  powers  concerning  290. 
Disorderly  conduct,  may  punish  for  265. 
Expulsion  of  members  264. 
Journal  to  keep  and  publish  272. 
Members,  judge  of  qualifications  264. 
Officers  or  attache's  of  4114,  4115,  4125. 
Penalties   for   nonattendance,  may  pre- 
scribe 271. 
Qualifications,  etc.,  of  members,  judge  of 

204. 

Representation,  basis  of  381. 
Treason,  duty  of  in  regard  to  :>0t>. 
Vetoed  bills,  action  on  293. 
Assemblymen,  election  of  27(J5,  2773,  2779. 
Qualifications  2766. 
Term  of  office  2779. 
Assessment,  uniform  and  equal,  to  prescribe 

352. 

Attestation  of  bills  276. 
Authority,  how  vested  259. 
Biennial  sessions  260,  396. 
Bills,  action  on  276,  29:5. 
And    resolutions,   state  printer  to  print 

4120. 
And  resolutions,  to  introduce  in  triplicate 

4121. 

Attestation  and  signing  276. 
Palpable  errors,  state  printer  to  correct 

4120. 

Printed  for  enrollment,  when  4124. 
Reprinted  for   engrossment,  when  4123. 
Bills   or  laws    of   legislature    fraudulently 

altered,  punishable,  how  6346,  6347. 
Bribery   or   receiving  bribe  by  legislator, 

punishable,  how  6311,  6312. 
Board  of  regents,  to  provide  for  359. 
Bribery,    of   legislator,    penalty    for   6318, 

as  19. 

Chaplain,  state  controller,  warrant  to  draw 

4119. 
Chaplain,  state    treasurer,  warrant  to  pay 

4119. 
Committee  of,  witness  refusing  to  attend  or 

testify  before,  penalty  6334. 
Controller  to  furnish  information  to  4167. 
Copying  and  engrossing,   price   per    folio 

4126. 
Corporations,  laws  concerning  to  be  general 


County  governments,  to  establish  283,  322. 
Counties  may  be  divided  into  two  or  more 

districts  322. 

Courts  of  record,  to  designate  823. 
Disturbing  or    intimidating,  penalty  6333. 
Elections  by,  viva  voce  vote  254. 


Legislature 


INDEX 


2468 


Legislature— continued. 
Elections,  laws  to  enact,  preserving  purity 

of  and  manner  of  holding  255. 
Special,  to  fill  vacancy  2797,  2798. 
Electors,  provision  to  be  made  for  registra- 
tion and  defining  qualifications  255. 
Enrolled  bills,  style  to  be  uniform  4124. 
Expenses,  of  members,  stationery  and  sup- 
plies 291. 

Extra  clerks  employed,  when  4125. 
Furnishing  board,  to  report  to  4472. 
General  and  uniform  laws,  provisions  con- 
cerning 278,  279. 

Governor  to  notify  of  appointments  2811. 
Governor  to  report  to  303,  1588. 
Intimidating  members  6333. 
Judicial  officers,  laws  forbidding  leave  of 

absence  to  332. 

Juries,  unanimous  verdict,  may  require  323. 
Justices  of  peace  to  determine  number  of 

323. 
Laws  and  resolutions,  to  take  effect,  when, 

except  4127. 
Enacting  clause  of  281. 
Granting  leave  of  absence  to  judicial  offi- 
cers, forbidden  332. 
How  revised  or  amended  275. 
Must  be  general  and  uniform,  exception 

278,  279. 

One  subject  only,  must  embrace  275. 
Subject  of,  to  be  expressed  in  title  275. 
To  be  passed  relative  to  appeals  from 

justices'  courts  323. 
Appointments  of  officers  378. 
Attendance  on  public  schools  354. 
Benevolent  institutions  365. 
Board  of  regents  359. 
Compensation  of  members  of  legisla- 
ture 286. 

Compensation  of  reporter  of  conven- 
tion 410. 

Corporations,  existing  341. 
County  commissioners  284. 
County  officers  may  be  consolidated, 

diminished  or  abolished  290. 
Court  fee,  special  331. 
Duties  of  various  county  officers  290. 
Dueling  371. 
Education  353-359. 
Elections  285. 

Floating  school  land  warrants  255. 
Homestead,  exemption  of  288. 
Investment  of  school  funds  355. 
Judicial  districts,  alterations  in  320. 
Juries,  qualifications  of  285. 
Justices  of  the  peace,  number  of  323. 
Militia,  organizing  and  disciplining  363. 
Municipal  courts  324. 
Oath  of  professors  and  school  teachers 

357. 

Organizing  cities  and  towns  338,345. 
Printer,   state,  may   change   palpably 

erroneous  copy  4120. 
Publication  of  debates,  etc.,  of  conven- 
tion 410. 
Punishment    of    defalcation,    bribery, 

and  embezzlement  268. 
Removal  of  civil  officers,  etc.  337. 
Restricting  powers  of  cities  and  towns 

345. 
Salaries  377. 


Legislature— continued. 

To  enact  statutes  encouraging  common 

schools  353,  354,  358. 
School  money,  to  be  apportioned  352. 
Separate  property  of  the  wife,  etc.  289, 
Soldiers'  vote  427*.    " 
State  university  356. 
Support  of  the  infirm,  etc.  367. 
Taxation  350,  352. 
Teachers  in  schools,  oath  of  357. 
Tenure  in  office  379. 

Legislation,  special,  restricted  278,  279,  338. 
Legislative  department,  article  on  (Const.) 

259-293. 
Legislative    department  (Const.)   259-293, 

302-304. 

Length  of  sessions  287. 
Levy  unlawful  6806. 
Lieutenant-governor,    president  of    senate 

310.     See  Lieutenant-Governor. 
Limit  of  membership  374. 
Local  or  special  laws,   certain  prohibited 

278-279. 

Members,  election  of,  to  canvass  1513. 
Members,  ineligible  to  certain  offices  336. 

Number  limited  374. 

Oath  of  370. 

Privilege  from  civil  arrest  269. 
Mines,  taxation  of,  prescribe  laws  concern- 
ing 352. 

Municipal  courts,  may  create  324. 
Nevada  Reports,  use  of,  entitled  to  2938. 
Normal  schools,  to  establish  357. 
Number  limited  374. 
Oath  of  members  370. 
Oath  of  members,  entry  in  journal  2788. 
Officers  and  attaches,  number  of  may  be 
changed  4116. 

And  attache's,  salaries  of  4116. 

Chaplains,  to  officiate  4118. 

Power  to  remove  336. 

Salaries,  how  paid  4117. 
One  subject,  laws  must  embrace  275. 
Poll  tax,  to  provide  for  payment  of  256. 
President  pro  tern,  of  senate,  when  acting 

governor  2808.   - 
President  pro  tern,  of  senate  to  be  elected, 

when  2809. 

Printed  bill  becomes  official,  when  4122. 
Printing  session  laws,  journal  and  appendix, 

and  distributing  same  4334-4338. 
Public    documents,    legislators    receiving, 

failure  to  return,  liability  2940. 
Qualifications  of  electors,  to  prescribe  law 

for  ascertaining  255. 
Quorum  of  each  house  271. 
Railroads,     narrow-gage,     fare     may     be 

changed  on  3517. 

Registration  of  electors,  to  provide  for  255. 
Removal  of  officers  from  office  336. 
Resignations  made  to  governor  2798. 
Salaries,  increase  or  diminution,  restricted 

377. 
Schools,  may  establish  357. 

Money,  to  provide  for  apportionment  352. 

Tax,  special  to  provide  for  408. 
Secretary  of  state  to  furnish  certain  infor- 
mation to,  what  4255. 
Secretary  of  state  to  convene  legislative  ses- 
sion in  the  assembly  and  to  preside  until 

a  presiding  officer  is  elected  4112-4113. 


2469 


INDEX 


License 


Legislature — continued. 
Senate,    lieutenant-governor,  president   of 

310. 
Senate,   lieutenant-governor,  to  sign    bills 

276. 

Senate,  officers  and  attache's  of  4114. 
Senate  or  assembly.    See  Assembly  or  Sen- 
ate, supra. 

Senate,  to  try  impeachments  6886-6892. 
Senators  and  assemblymen,  apportionment 
of  4110. 

Salary  and  mileage  of  4393. 

Election  of  2765,  2773.     See  Elections. 

Qualifications  2766. 
Term  of  office  2780. 
Sessions,  biennial  260,  396. 

Commencement  of  260,  396. 

Length  of  287. 

Special  287,  302. 

Special  election  to  fill  vacancy  2797,  2798. 
Special  legislation,  restrictions  278,  279,  338. 
Special  or  local  laws,  prohibited,  when  278, 

279. 

Special  sessions  287,  302. 
Special  taxes  for  schools  and  territorial  debt 

358,  408. 

State  prison,  books  and  papers  of,  may  in- 
spect 7575. 

Convicts  in,  may  recommend  pardon  of 

7587. 

Stationery,  how  issued  to  4472-4474. 
Statistics,  to  be  reported  to  legislature  by 

controller,  what  1588. 

Subject  of  laws  to  be  expressed  in  title  275. 
Tax  levy  for  territorial  debt  408. 
Taxation,   uniform  and   equal,  in    mines, 

prescribe  352. 
Term  of  office  2780. 
Territorial  debt,  special  tax  to  provide  for 

40S. 
Title,  subject  of  laws  to  be   expressed    in 

275. 

Township  government,  to  establish  283. 
United  States  senator,  election  of  93,  292. 
University  regents,  to  provide  for  359. 
University  to  establish  356. 
Vacancy,  governor  to  issue  writ  of  election 

2797. * 

Vacancy  in,  presiding  officer  to  notify  gov- 
ernor 2800. 

Vacancies  in,  how  filled  270. 
Veterinarian,  to  report  to  4389. 
Viva  voce  vote  254. 
Warrants  of  legislative  officers,  controller 

to  draw  4117. 
Warrants,  old,  unpaid,  legislature  to  allow 

deficiency,  when  4183. 
Witness,  refusal  to  attend  or  testify,  pen- 
alty 6334. 
Lessee*  of   mine,  when    liable  for  improper 

working,  danger,  how  assessed  5509. 
Letters   of   administration.     See   Estates    of 

Deceased  Persons  5857-6148. 
Letters  of  guardianship.     See  Guardianship. 
Letters  testamentary.      See  Estates   of   De- 
ceased Persons  5857-6148. 
Letters  with    will    annexed   5884-5887.     See 

Estates  of  Deceased  Persons  5857-6148. 
Levy  and  collection  assessments,  irrigation 
districts,  how  made,  when,  where 4755-4763. 
See  Water  4672-4791. 


Levy  and  collection  of  taxes.     See  Revenue 

3617-3904. 
Levy,  tax,  district  court  may  order  to  meet 

obligations  of  city  on  disincorporation  873. 
Lewd  or  obscene  publication    or   literature, 

penalty  for  6438,  6461. 
Lewd  or  obscene  publication,  indictment  for 

7069. 

Liability,  created  by  statute,  other  than  pen- 
alty or  forfeiture,  action  maybe  commenced 

within  3  years  4967. 

Liability,  for  death  by  wrongful  act  5647. 
Liability,  not  founded  upon  writing,  action 

may  be  brought  within  4  years  4967. 
Liability  or  indebtedness  of  corporation  or 

person   to    state,  county  or  municipality, 

local  or  special  law  for  release  of,  invalid 

(Nev.  Const,  art.  iv,  sec.  20)  278. 
Libel,  action  for,  may  be  brought  within  two 
years  4967. 

Denial  of,  how  published  6428-6433,  6826. 

Civil  action  for  5073-5074. 

Indictment  for  6431,  7064. 

Jury  determine  law  and  fact  238,  7196. 

Pleaded,  how  5073. 

Proved,  how  5074. 

Threatening  to  publish,  blackmail  6739. 

Who  may  be  liable  for  6430-6433. 
Liberty  of  speech  and  press  guaranteed  238. 
Liberty,  right  of  enjoying  and  defending  233. 
Librarian,  state,  secretary  of  state  ex  officio 

3946-3964. 
Library,  claims  to  be  approved  by  board  of 

examiners  3956. 
Library,  district  school  3393-3397.  See  Public 

Schools. 
Library,    private,   exempt    from    execution, 

-when  5288. 
Library,  public,  may  be  established  in  cities, 

towns  and  school  districts  3227-3231.     See 

Public  Libraries. 

Library,  state  3946-3964.     See  State  Library. 
License.     See  Revenue. 

Attachment  for  3737. 

Attorneys  501,  503,  506. 

Auctioneer,  doing  business  without   3895. 

Automobiles    for    rent,    running    without 
3877-3878. 

Bankers  3728. 

Banking  662. 

Boarding-houses  3734. 

Bogus,  possession  or  delivery  of  3744. 

Brokers  3729. 

Bullion  tax  agent  and   collector  of   4243- 
4246. 

Business  662. 

Cigarettes  and  cigarette  papers  3872-3876. 

City  trustees,  power  to  revoke  3867-3871. 

Collection  of  3746.     See  Revenue  3617-3804. 

Collector  may  be  suspended  and  another 
appointed  to  perform  duties,  when  3753. 

Commercial  travelers  3879-3880. 

County   commissioners,  power   to   revoke 
3867-3871. 

Doing  business  without  3737,  6808-6810. 

Duties  city  trustees  pertaining  thereto  3867- 
3871. 

Duty    county    commissioners     pertaining 
thereto  3867-3871. 

Duty  county  treasurer   pertaining  thereto 
3867-3871. 


License 


INDEX 


2470 


License— continued. 
Duty  sheriff  pertaining  thereto  3727.     See 

Revenue. 
Embalmers  4448. 

Failure  of  officers  to  enforce  3871. 
Failure  to  deliver  on  payment  3744. 
Failure  to  post  6809. 
Fish  and  game  2101-2108. 
Forfeited  2101. 
Glove  contests  3881-3889. 
Insurance  companv  doing  business  without 

1280. 

Itinerant  and  unsettled  merchants  3890-3895 . 
Liquor  dealers  3733.     See  Revenue. 
May  be  revoked,  when  3867,  3868. 
Merchants  3731. 

Necessary  practice  medicine  2358. 
Peddlers  '3890-3895. 
Peddling  without  3735. 
Personal  property,  certain,  may  be  sold  for 

payment  of,  when  3742. 
Powrers  of  county  commissioners  pertaining 

to  stationary  engineers  3898-3904. 
Required,  acting  without  6808. 
Resident,  selling  own  products,  exempt  from 

Revoked,  when  3867-3871,  6841. 

Sheriff  ex  officio  collector  3727. 

Sheriff  make  list  of  and  report  quarterly  1661. 

Soldiers  and  sailors,  issuance  to,  when  3896- 
3897. 

Stationary    engineers,    revocation    of    by 
county  commissioners  3898-3904. 

State  liquor,  violation  of  3784. 

Tobacco,  forfeited,  when  6503. 

Town  trustees,  power  to  revoke  3867-3871. 

Vending  without  6810. 
Licentious  acts  not  to  be  excused  by  religious 

profession  or  worship  233. 
Lien  claimant,  holding  other  securities  may 

be  required  to  first  exhaust  them  in  action 

for  partition  5550. 

Lienholder,  proceeding  when  he  becomes  pur- 
chaser in  action  for  partition  5564. 
Liens,  action  on  2227, 5714(11) ,  323.    See  con- 
cluding paragraph  5714. 

Affidavit,  duty  of  owner  to  file,  on  comple- 
tion 2217. 

Affidavit,  on  foreclosure  of  3756. 

Against  real  property,  when  3665. 

Attach  to  real  property  for  taxes,  when  3619. 

Bank  to  have  on  shares  of  stock,  how  and 
when  3825,  651. 

Bankruptcy  609. 

City  lots,  what  constitute  2214. 

Claim  against  estate  5967. 

Claims,  amendment  to  2217. 
Consolidated,  when  2224. 
Contents  of  same  2217. 
Substitution  of  parties  2217. 
Time  within  which  may  be  filed  2217. 

Contractor  held  as  owner  or  agent  2213. 

Discharged,  how  1049-1052. 

Expenses  feeding  live  stock  in  transporta- 
tion, to  be,  when  3586. 

Expenses,  to  be,  when  4591-4595. 

Fees,  recorder  to  charge  2219. 

Fine,  lien  attaches  for,  how  7258. 

Foreclosure  of  833. 

Foundrymen,  applicable  to  2231. 


Liens — continued. 

Homestead  liable  for  improvements,  when 
288. 

Judgment  of  fine  7250. 

Justice  court,  action  on  trial  in,  when  2227. 

Exemption,  homestead  not   to   extend   to 
288,  2143. 

Labor  or  material,  what  constitutes  2213. 

Land  payments,  deferred  3083. 

Land  subject  to  2215. 

Limitations  of,  as  to  estates  6014,  5967. 

Limitations  of,  as  to  time  2220. 

Material    exempt   from  attachment,  when 
2225. 

May  be  assigned,  2229. 

Mechanic's,  district  court  jurisdiction  321, 
323. 

Mechanic's,  justice  court  concurrent  juris- 
diction, may  have  323. 

Mining  claims,  when  may  attach  2390,  2481. 

Mortgage  on  growing  crop  when  1080. 

Notices,  owner  to  post,  property  responsible 
unless  2221. 

Ore  sold  to  mill  5492. 

Original    contractor,   owner    may    recover 
from  2222. 

Personal  action  not  impaired  2226. 

Preferred  on  Irrigated  lands,  how  and  when 
4759. 

Priority  of  2216. 

Premises,  sale  of  2227. 

Ranchmen  have,  on  animals,  when  5499- 
5500. 

Ranch  owner,  may  file,  when  2232. 

Rank  or  order  of  2223. 

Real  property  for  taxes,  when  3619. 

Record  of  claim  to  be  kept  2219. 

Recorder  to  keep  book  of  liens  2219. 

Recovery  upon  2222. 

Satisfaction  and  discharge  of  2228,  6014. 

Separate  building, amount  to  be  stated  2218. 

Special  tax,  when  3620. 

Stock,  to  remove,  without  payment  of  help, 
a  misdemeanor,  penalty  2232. 

Taxes  on  security  and  debt  subject  to  3787. 

Time,  limitation' of,  lien  as  to  2220. 

Trial  of  2227. 

Woodchoppers,  jurisdiction  2230. 

Woodchoppers,  may  file  on,  2230. 

Woodchoppers,  proceedings  2230.  See  Civil 

Practice. 

Lieutenant-governor,    acting    governor    be- 
comes, when  311,  2807,  4250. 

Adjutant-general,    ex    officio    4250.       See 
Adjutant-General  under  State  Militia. 

Age  qualification  2766. 

Bills,  legislative,  to  sign  276. 

Board  of   capitol  commissioners,  member 
4411. 

Casting  vote  in  senate  310. 

Commissary  of  state  police,  ex  officio  4294- 
4298. 

Duties  and  powers  (Const.)  276,  310. 

Election  of  310,  2765,  2773,  2774. 

Eligibility  310. 

Ex  officio  adjutant-general  4250. 

Ex  officio  commissary  of  state  police  4294- 
4298. 

Ex  officio  member  board  to  appoint  rail- 
road commission  4541). 


2471 


INDEX 


Live  stock 


Lieutenan  ant-governor — continued. 
Governor,    powers   of   devolve   on,    when 

311,  2807,  4250. 

Impeachment  of  310,  334,  335* 
Not  required  to  reside  at  capital  424!  >. 
Oath  before  justice  of  supreme  court  27S5. 
Office,  where  2774,  4249. 
President  of  senate  291,  310,  4250. 
Railroad  commission,  member  of  board  to 

appoint  4549. 
Residence  of  4249. 
Salary  2<>1,  4250. 
Term  of  office  310,  2774. 

Life  and  endowment  insurance  1310-1324, 
1327-1329. 

Life  estate,  how  set  for  in  action  for  partition 

5548. 

How  terminated  3584. 
Proceedings  to  terminate  5584.     See  Civil 

Practice. 

Termination,  proceedings  of,  how  brought 
5684. 

Life  insurance  companies,  duty  of  attorney- 
general  in  regard  thereto  1320.  See  Cor- 
porations 338-344,  1105-1440. 

Life  insurance  companies,  when  exempt  from 
execution  5288. 

Life,  right  of  enjoying  and  defending  230. 

Light  and  power,  inspection  of  by  city  794  (37 ) . 

Limitation  of  civil  actions  3603,  4940-4985, 
5968,  5971,  6185,  6921 ,  6926.  See  Civil  Prac- 
tice. 

Limitations  of  criminal  actions.  See  Crimi- 
nal Practice. 

Limitation  of  time  for  redemption  of  property 
3651,4966,4976. 

Lincoln  County,  creation,  boundaries  and  seat 
1471-1-17:;. 

Lincoln,  proclamation  of  President,  on  ad- 
mission of  Nevada  430. 

Lines  of  telegraph  and  telephone,  governed 
by  general  laws  4628. 

Lion,  bounty  for  718-722. 

Liquor, intoxicating.  See  Intoxicating  Liquor. 

Lis  pendens  5021. 

In  action  regarding  real  property  5021. 
In  action  to  determine  adverse  claim  to 
real    property,  to   be   filed    in    office    of 
county  recorder  5522. 

Proof  of  service,  to  be  made  before  entry 
of  judgment  by  default  in  action  to  de- 
termine adverse  claim  to  real  property 
5524. 

Literary  improvement  to  be  encouraged  by 
legislature  353. 

Literature,  obscene  or  criminal,  offenses  con- 
cerning, prohibited  6461. 

Little  &  Brown's  edition  of  United  States 
laws  are  evidence  529. 

Liverymen,  fraudulent  use  of  animals  or 
vehicles  of,  prohibited  6707. 

Livery  stables,  location  and  control  of  794 
054). 

Livery  stable  keeper,  has  lien  upon  animals 
for  charges  5499. 

Live  Stock.     See  Animals. 

Act  relating  to,  printed  and  distributed  2312. 
Act,  penalty  for  violation  of  3587. 
Animals,  at  large,  duty  of  officers  2265. 
At  large,  duty  of  sheriff  and  constable 
2262. 


Live  stock,  at  large— continued. 

Impounded  and  sold,  disposition  of  pro- 
ceeds 2264. 

May  be  impounded  and  sold,  when  2264. 
Not  to  run  at  large  in  town  or  city  794 

(71),  2261. 
Violation  of  act  pertaining  to,  penalty 

2263. 

Assessed,  how  3843,  3845,  3861,  3848. 
Attachment,  writs  of  to  issue  against  live 

stock,  how,  when  3856.     See  Revenue. 
Attendants,  allowed  free  transportation  on 

stock  trains  4556 (a). 

Board  of  health,  state,  certificate  of  to  be 
procured  before  bringing  into  state,  when 
2988,  2994. 

Brands  and  marks,  transcript  of  2235. 
Brands,  evidence  of  ownership  2237,  7172. 
Defacing,  penalty  6640. 
Failure  to  keep  or  exhibit  6641. 
Imitating,  penalty  6745. 
In  same  place  as  previous  2247. 
On  horses  transported,  certificate,  sheriff 

to  furnish  229:1. 
On  horses  transported,  sheriff  to  inspect 

and  report  2293. 

Record,  failure  to  keep,  penalty  6641. 
Similar,  changes  in  recording,  no  charge 

for  2245. 

Not  to  be  used  in  same  place  2243. 
Other  restrictions  2244. 
Records  to  be  changed  2244. 
Unlawful  to  record  2246. 
Use  of,  penalty  2247. 
To  be  recorded  2234. 
Transcript  of  22:55. 
Unrecorded,  penalty  for  using  2239. 
Unlawful,  penalty  for  6640. 
Bureau  of  animal  industry  (U.  S.)  4390. 
Calf  must  be  four  weeks  old  before  sold  for 

food  2991. 
Contagious  diseases,  governor  to  employ 

veterinary,  when  2270. 
Quarantine,    proclamation     of,    proviso 

2269,4591. 
Violation  of  act,  misdemeanor,  penalty 

2271. 
Contagious  or  infectious  diseases,  animal 

dying,  disposal  of  body  2272. 
Animals  dying  of,  burned  or  buried  2272. 
State  board  of  health,  duties  concerning 

2988,  2994. 

Violation  of  act,  penalty  2273. 
Constable  to  impound,  when  2262. 
Damages  recoverable  for  spread  of  disease 

by,  when  2268. 

Diseased,  exportation  prevented,  when  4390. 
Diseased  animal  or  flesh  of  not  to  be  sold 

as  food  2989,  2990. 
Diseased  sheep,  information,  herder  to  give, 

refusal,  misdemeanor  2306. 
Diseased  stock,  examined  and  quarantined, 

when  4380. 
Diseased    stock    on    highways,    damages, 

entitled  to  recover  2268. 
Carcasses,  disposition  of  4381. 
Carcasses,  penalty  2268. 
To  be  herded  or  enclosed  2267. 
Unlawful  to  drive  on  highways  2266. 
Duty  of  railroad  company  in  transporting, 
time  for  confinement  3572. 


Live  stock 


INDEX 


2472 


Live  stock— continued. 
Estrays,  fees  of  justices  and  recorders  2282. 
How  restored  to  owner  2275. 
Justices,  failure  to  comply,  misdemeanor 

2274. 

Justices,  record  to  keep  2275. 
Money  paid,  how  disposed  of  2281. 
Moving  of,  penalty  2278. 
Neglect  to  comply  with  act,  penalty  2276. 
Not  to  be  used,  penalty  2277. 
Kemoving,  larceny,  when  2279. 
Reported,  procedure  2274. 
Right  to  reclaim  forfeited  2280. 
Stallion  and  Spanish  bulls  to  be  castrated 

2284. 

Taken  up,  costs,  by  whom  paid  2283. 
Taken    up,   failure    to   complv,   larceny 

2274. 
Taken  up,  not  liable  for  escape  or  death 

of  2283. 

To  be  reported  to  a  justice  2274. 
Trespassing,  treated  as  2333. 
Fees  for  recording  brands  2234. 
Food, selling  diseased  for, penalty  2989-2993. 
Form  of  certificate  required  to  bring  into 

any  county  3846. 

Goats  and  swine  running  at  large  2325-2331. 
Prohibited  from  running  at  large  during 

certain  season  2325. 
Running  at  large,  owner  liable  to  damage 

2326. 

Trespassing,  liability  of  owner  2253-2258. 
Grazing,    owned    by    resident    of    state, 

assessed,  how  3849". 

Health,  state   board   of,  certificate   of   to 

obtain  to  bring  into  state,  when  2988-2994. 

Herded  or  grazed   on   lands   of    another, 

liable   to  attachment  for   damages  and 

attorney  fees  2336. 

Hide  inspector,  appointment  of  2285. 
Compensation  2286. 
Duties  of  2285. 

Hogs  or  goats,  running  at  large  2325-2331. 
Trespassing  2253. 

Arbitration  of  charges  2257. 
Forfeiture  of  property  2256. 
Notice  to  be  posted  2254. 
Restitution  of  2255. 
Sale  by  constable,  when  2256. 
Sold,  fees  of  constable  2258. 
Horse  growers,  erroneous  pedigree,  punish- 
ment for  2287. 
Horse  growers,  pedigree,  to  keep  posted, 

penalty  2288. 
Horse  meat,  sale  of,  when  unlawful,  penalty 

6524,  6525. 

Horses,  inspection  of  required  before  re- 
moval from  state  2289. 
Transported,  a  voiding  inspection,  punish- 
ment for  2295. 

False  certificate,  punishment  2294. 
Fees,  a  lien  on  same  2296. 
Fees,  for  inspection  of  2296. 
Unclaimed,  sale  of  2296. 
Unclaimed,  sold,  redemption  of  2296. 
Infected  sheep,  false  complaint,  liability  for 

making  2311. 

Infectious  diseases,  failure  to  dip,  misde- 
meanor 2302. 

Infectious  diseases  in  sheep,  inspector  to 
notify  2302. 


Live  stock— continued. 
Injuring  railroad  property,  owner's  liability 

3551. 

Inspection  of  horses,  clearance  certificate, 
sheriff  to  give  2292. 

Expenses  2292. 

Railroad  companies  held  liable  for  2290. 

Sheriff  to  act  2291. 

Sheriff  to  make  report  2291. 
Insurance  of  1325-1326. 
Killed,  notice  of   given  by  railroad  com- 
pany, penalty  noncompliance  3600-3601. 
Killed  or   injured,  railroad  company   not 

liable  in  certain  cases  3551. 
Liable,  jointly  and  severally,  for  violation 

of  this  act  2306. 
Mark  or  brand,  but  one  to  be  used,  except 

2238. 
Mark  or  brand,  unlawful  if  not   recorded 

2241. 
Marks,  not  more  than  half  ear   removed, 

penalty,  2240. 
Mismarking  or  misbranding,  to  defraud,  a 

misdemeanor  2242, 6640. 
Not  to  be  brought  into  state  until  public 

health  act  complied  with  2988-2995. 
Nonresident  owner  of,  assessed,  how  3843. 
Original  horses  not  allowed  to  run  at  large 
2252. 

Taken  up,  constable  may  sell  2252. 

Taken  up,  sold,  proceeds,  how  disposed 

of  2252. 

Owner  liable  for  trespass,  animal  not  to  be 
injured  2333. 

Animal  treated  as  estray  2333. 

Jurisdiction  2333. 

When  2332. 

Railroad  to  give  notice  of  when  killed  3600. 
Running  at  large,  assessed  how,  3843. 
Particular  brand,  must  have,  when  2233. 
Per  capita  tax  on  transient  3848. 
Recorder,  neglect  of,  may  be  sued  for  2236. 
Precedence  to,  when  4559. 
Precedence  to,  when,  penalty  for  2236. 
Railroad  companies  feeding  in  transporta- 
tion, may  charge  expense  to  owners,  when 

3573. 
Sale  of  diseased  animal  or  flesh  of,  or  offer 

for  sale,  penalty  2989-2995. 
Sales  by  constable,  surplus  money  paid  to 

2259. 
Sales    for    trespass,  constable,  liability  of 

2260. 
Scabby  sheep,  possession  of  a  misdemeanor, 

penalty  2310. 
Sheep,  coming  into  state,  duties  of  inspector 

2300. 
Violation  of  act,  penalty  2300. 

Diseased,  permit  to  move,  when  4598. 

Estrays,  when  deemed  2321. 

Failure  of  inspector  to  examine,  penalty 
2304. 

Infected,  moving  without  permit,  penalty 
2301. 

Moving  from  county  to  county,  permit  to 
be  obtained,  failure,  penalty  2308. 

On  entering  state,  owner  to  notify  2315. 

Permit  to  move  2301. 

Prohibited  to  graze  on  land  of  others,  or 
within  one  mile  of  ranch  house  2319. 

To  be  dipped,  when  2302,  2314. 


2473 


INDEX 


Mail 


Live  stock,  sheep— continued. 

Transient,  per  capita  tax  on  3848. 
Transportation   of,   certificate   to  show, 

failure,  penalty  2309. 
Unlawful    grazing  of,  penalty,  damages 

2320. 
Unlawful  to  graze  within  three  miles  of 

town,  penalty  2317,  2318. 
With  scab,  failure  to  report,  misdemeanor 

2305. 
Sheep  commission  4586-4592.     See    Sheep 

Commission. 

Sheep  inspector,  appointment  of  2298, 4591. 
Authority  under  commission  act,  record 

to  keep  4588,  4581. 
Bond  to  furnish,  approval  2298. 
Deputies  22D9. 
Duties  of  2316,  4588,  4591. 
Expenses  sale,  to  pay  2316. 
Fees  of,  how  paid  2:50:*.. 
Fees,  to  collect,  when  paid  2313. 
Powers  and  duties  2299,  4588,  459  L 
Prosecutions  to  make,  proviso  2307. 
Sheep  inspection  fund  4589-4590. 
Situs  for  purpose  of  taxation  384.'!. 
Stallion,  at  large,  unlawful  2249. 
Duty  of  person  taking  up  2250. 
Running  at  large  225*7. 
Taken  up,  may  be  sold,  when  2251. 
Taken  up,  sold,  proceeds,  how  disposed 

of  22-")  1 . 
State  board  of  health,  certificate  to  grant 

to  bring  into  state,  when  2988. 
State    sheep    commission    4586-4292.     See 

Sheep  Commission. 
State    veterinarian    4376-4389.     See    State 

Veterinarian. 
Statute,  limitations  begins  to  run   against 

action  for  recovery,  when  4967. 
Stock,    marked    with    unrecorded    brand, 

sales  L'241. 
Stock,  marked  with  unrecorded  brand  to 

have  counterbrand,  when  2241. 
Stock,  to  be  branded,  when  2237. 
Swine,  free  commoners,  not  to  be  2322. 
Owner  of,  responsible  for  twice  the  value 

of  property  destroyed  2323. 
Owners  of,  liable    for   damages,   action 

tried  where  2324. 

Swine,  goats  or  sheep  at  large  in  city  or 
town,  impounded  animals  to  be  sold, 
escheats  2331. 

At  large,  owner  may  be  fined  2330. 
At  large,  to  impound  2329. 
Unlawful  to  run  at  large  in  city  or  town 

limits  2328. 

Transient  stock,  defined  3845. 
Transient  stock,  per  capita  tax  on  3848, 3849. 
Transportation   to    attendants  of,  free   on 
stock  trains,  no  discrimination  4556(a). 
Trespassing,  duties    of   constable   relating 

thereto  2251-2260. 
Trespass  on  lands  enclosed  by  lawful  fence, 

damages  recoverable,  wrhen  2332. 
On  real  estate,  act  not  applicable  to  cer- 
tain stock,  when  2337. 
Consent  of  owner  to  be  obtained  2335. 
Damages,  how  recovered  2336. 
Lien  superior  2336. 
Stock  maybe  attached  2336. 


Live  stock,  trespass — continued. 

When  lands  of  two  or  more  are  under  one 
enclosure,  damages  2334. 

Unlawful  to  confine  longer  than  36  hours 
3585. 

Watered  and  fed,  lien  for  expenses,  when 
3586. 

Writs  of  attachment,  to  issue  against  live 

stock,  when  and  how  3856.    See  Revenue. 

Local  and  special  laws,  certain,  prohibited 

278,  279. 

Local  health  officers,  duties  2973,  2970. 
Local  rules  and  customs,  location  and  trans- 
fer of  mines  under,  prior  to  1863,  1102. 
Location  of  mines  before  1863,  proved  by  local 

rules  and  custom  of  miners  1102. 
Location  of  mining  claim,  how  marked 2382. 

See  Mines  and  Mining. 
Location  notice,  antedating,  punished,  how 

6675. 
Location  notices   contain,    what   2382.     See 

Mines  and  Mining. 

Location  notices,  duplicate  in  county  record- 
er's office  evidence  same  as  original  2473. 
Location  principal  office  of  corporation  1170. 

See  Corporations. 
Location  tunnels  2HO-2443.     See  Mines  and 

Mining. 
Lode  claims,  regulations  concerning  2421.  See 

Mines  and  Mining. 
Lodges,  property  may  be  exempt  from  taxes, 

when  (Const.)  352. 

Lodging-house.     See  Hotels  2151-2154. 
Long-and-short-haul  clause  3578. 
Lost  or  destroyed  will,  proved,  how  5881. 
Lost  records,  restoration  of  5630-5646.      See 

Civil  Practice. 
Lots  in  federal  townsite,  procedure  to  obtain 

title    1983-1986.     See    Federal    Townsites, 

Civil  Practice. 

Lottery,  conducting   or   selling   tickets    pro- 
hibited 7178. 

Defined,  penalties  for  engaging  in  business 
concerning  6494-6501. 

Prohibited  (Const.)  282. 

Property  forfeited  to  state  6500. 
"  L.  S."  or  word  "  seal"  sufficient  description  of 

seal  in  telegraphing  papers  for  service  and 

word  "stamp"  sufficient  to  indicate  revenue 

stamp  5372. 

Lynx,  bounty  for  718-722. 
Lyon  County,  creation,  boundaries  and  seat 

390,  1445,  1474-1478. 

M 

Machinery,  failure  to  protect,  punished,  how 

6797,  6798. 

Magistrate,  breach  of  peace  before,  security 
for  peace  6873. 

Defined  6928,  6929,  7461. 

May    command    militia,  when    2835,  2839, 
2840,  3982, 4058. 

Other  may  act,  when  6940,  6945,  6947. 

Powers  of  arrest  6940,  6845. 

Powers  on  nonjudicial  day  4870. 

When  may  order  child  transferred  to  dis- 
trict court  under  juvenile  court  law  741. 

Who  are  6929. 
Magna  carta  1-64. 
Mail,  time  for  notice  of  motion,  when  served 

by  5364. 


Mail 


INDEX 


2474 


Mail,  when  service  of  notices  and  papers  may 

be  made  by  5370. 

Major,  each  battalion  to  have  one  4028. 
Major-general,  staff  of  4005.    See  State  Militia. 
Male  and  female,  lawful  age  of,  what  431,2339. 
Malfeasance  of  state  or  judicial  officer,  liability 

for  335. 
When  decree  to  be  entered  for  removal  of 

officer  2852. 

When  officer  to  be  removed  for  2851,  2852. 
Malfeasance  or  misfeasance  of  city  officer, 

punished,  how  648,  808,  6660. 
Judgment  of  removal,  copy  of ,  to  be  trans- 
mitted to  governor  or  county  commis- 
sioners, when  2853. 
Judgment   of    removal,    pending    appeal, 

office,  how  filled  2854. 
Malice,  express  and  implied  6385,  6386. 
"  Malice"  or  «  maliciously,"  defined  6294(3) . 
Malice,  when  inferred  6294(3). 
Malicious  damage  to  cemetery  property,  pun- 
ished 6752. 
Malicious  injury  to  private  property,  penalty 

6753. 
Malicious  injury  to  public  or  private  property, 

penalty  6752. 

Malicious  mischief,  penalty  6752-6762. 
Malicious  prosecution  6365,  7501,  7502,  7262. 
Maliciously  destroying  or  injuring  deeds  or 

other  writings  6671. 
Maliciously  wounding  or  poisoning  cattle  or 

domestic  animals  6747. 
Mandamus   319,  321,  5694,   5707,  5711-5713. 

See  Civil  Practice. 
May  issue  at  chambers  4840,  4843. 
To  compel  registration  1710. 
Manslaughter.     See  Criminal  Practice. 
Death  caused  by  intoxicated  physician  6410. 
Death  caused  by  overloading  passenger  ves- 
sel 6406. 

Death  caused  by  reckless  or  negligent  oper- 
ation of  steamboat  or  boiler  6408. 
Death   caused    by   vicious    or    dangerous 

animal  6407. 
Death  caused  from   unlawful    keeping    of 

explosives  1947,  6409. 
Dueling,  when  deemed  6426. 
Killing  unborn  quick  child  6403. 
To  aid  suicide  6381,  6383. 
Voluntary  and  involuntary,  defined  6387- 

6391. 
Map  of  irrigation  district   lands,  provided, 

how,  where  kept  7457.     See  Water. 
Of  railroad,  .to  be  filed  with  secretary  of 

state  3554. 
Of  state,  to  be  made  by  surveyor-general, 

when  4349. 

Maps,  lost  or  restored,  validated,  how  5639. 
Of  county  and  state,  boundaries,  filed  with 

surveyor-general  4355. 
Of  county  boundaries,  county  surveyor  to 

prepare,  when  1492. 
Marine  insurance  companies  1105-1106.     See 

Corporations. 
Mark,  signature   by,  how    made   3913,  7457, 

7458. 

Included  in  signature  or  subscription  5475. 

When  made  as  signature  or  subscription,  to 

be  witnessed,  and  if  for  acknowledgment 

or  sworn  statement,  by  two  witnessess, 

5475. 


Markets,  regulation  and  control  of  by  cities 

794(46-48). 
Marking  ballots  illegally,  forbidden  1859.   See 

Elections. 
Marking  or  misbranding  animals  with  intent 

to  steal  or  defraud,  grand  larceny  6640. 
Marks  and  brands.     See  Live  Stock. 

Branding  animals  unlawfully  6640. 

Failure  to  keep  or  exhibit,  penalty  6641. 

Failure  to  keep  record  of,  penalty  6641. 

Imitating,  penalty  6745. 

Marking  or  branding  animals  unlawfully 
6640. 

Prim  a  fac.ie  proof  of  ownership  7172. 

Record  of  2234-2236,  2244,  2248. 
Marriage,  administratrix,  marriage  of  extin- 
guishes authority  5886,  5898. 

Age  qualifications  2339. 

Annulment,  action  for  2357. 

Between  certain  races,  forbidden  6514-6515. 

Between  certain  races,  penalty  for  perform- 
ing 6516. 

Bigamy,  penalty  for  6456,  6457. 

Ceremony,  performing  without  license,  pen- 
alty 6479,  6480,  6516. 

Ceremony,  where  known  legal  impediment, 
penalty  2348. 

Ceremony,  who  may  perform  2340. 

Certificate  2323. 
Failure  to  record,  penalty  2346. 
Form  of  2344. 
To  be  filed  and  recorded  2345. 

Civil  contract  2338. 

Consanguinity,  restrictions  2339. 

Consent  of  parents,  when  2339. 

Contract  of,  minors  may  make,  when  2185. 

Clerk,  record  to  keep  2340. 

County  clerk  to  grant  license,  when  2341. 

Divorce.     See  Divorce  5838-5845. 

Effect  on  wills  6211,  6212. 

Evidence  of,  record  presumptive  2350. 

Executrix,  marriage  of,  effect  5886. 

False  certificate,  penalty  2347. 

Fees,  of  clerk  and  recorder  2341-2345. 

Fines,  application  of  2352. 

Forcing  woman  to  marry,  penalty  6444. 

Form,  used  by  "Friends"  or  Quakers,  valid 
2353. 

Illegitimate  children,  legitimatized,  when 
2351. 

Incest,  penalty  for  6458. 

Incestuous,  void  6458. 

Insanity,  not  to  be  judged  a  cause  for  a 
nullity,  when  2356. 

Issue  legitimate,  marriage  null  or  void  6117. 

Legal  age  2339. 

Legal  impediment,  when  known  to  exist, 
penalty  2348. 

License,  county  clerk  to  grant  2341 
Performing    ceremony  without,   penalty 

6479, 6480. 
To  receive  2340. 

Married  woman  acting  under  threats  and 
coercion  of  husband,  not  punishable  for 
certain  crimes,  when  6286. 

Married  woman  as  party  to  action  4989. 

Married  woman.     See  Husband  and  Wife. 

Marrying  a  married  person,  punished,  how 
6467. 

Ministers  must  be  licensed,  exhibit  same 
2340. 


2475 


INDEX 


Medicine 


Marriage — continued. 
Minor  must  secure  consent  of  parents  for 

marriage  2339. 

Null  or  void,  issue  legitimate  6117. 
Of  administratrix  or  executrix,  effect  5886, 

5898. 

Parents,  consent  of,  when  required  2339. 
Parties   incapable   of    assenting,    or  when 

fraud  practiced,  void,  when  2355. 
Performing  ceremony  without  license  6479, 

6480. 

Power,  want  of  unknown,  valid  2:>49. 
Produced  by  force  6444. 
Races, certain  prohibited  between  6514, 65 15. 
Separate  property  of  wife,  defined  (Const.) 

289. 

Solemnization,    no   particular    form,    wit- 
nesses 2322. 
Unauthorized  persons  performing,  penalty 

2348. 

Void  or  null  marriage,  issue  deemed  legiti- 
mate, when  6117. 

When  not  to  be  judged  a  nullity  2356. 
When  void  without  decree  of  divorce  2354. 
Wills,  effect  of  on  6211.  6212. 
Witnesses  2322.     See  Civil  Practice. 
Marriage   certificate,  or   certified  copy  pre- 
sumptive evidence  2350. 

Marriage  contract,  completely  dissolved    by 
divorce,    and    name    of    female    may   be 
changed  5844. 
Marriage  contract,  recording  of,  imparts  notice 

IMS:;. 

Married  persons,  not  lawfully  separated,  can- 
not adopt  children  without  consent  of  both 
5827. 
Married  woman,  acting  as  sole  trader,  liable 

for  maintenance  of  children  2M»:». 
Action  by  or  against,  when  husband  must 

be  joined  4989. 

As  sole  trader  may  sue  or  be  sued  alone  2192. 
As  sole  trader,  when  husband  not  responsi- 
ble for  debts  2194. 

District  court  may  make  order  allowing  her 
to  carry  on  business  in  her  own  name, 
procedure  2191. 
When  statute  of  limitations  does  not  run 

in  civil  action  4976. 

Marshals   of   city  or   town,  have   charge  of 
prisoners  in  city  or  town  jail,  and  may  em- 
ploy when  directed  7617,  7619. 
Martial  law,  army  regulations  to  prevail,  when 

4282. 
Masculine  gender,  includes  the  feminine  and 

neuter  5475. 

Master,    proceedings    against    to   determine 
whether  breach  of  contract  of    appren- 
ticeship 491. 
To  pay  costs  on  proceeding  to  set  aside 

covenants  of  apprenticeship  493. 
Material,  action  on  lien  for  2222-2228. 
Matrimony,  divorce  from  bonds  of,  grounds 

for,  verified  complaint,  venue  5838. 
Maximum  rate  for  freight  and  fares,  proviso 

3563. 

Maximum  sentence,  court  to  fix,  when  7260. 
Mayhem,  assault  with  intent  to  commit,  pen- 
alty 6413. 
Defined  6416-6418. 

Mayor  and  city  officers  elected,  when,  how 
801-805.     See  Elections. 


Mayor  and  councilmen,  may  utilize  labor  of 

convicts  in  city  jail  7616. 
Mayor,  may  control  militia,  when  4058. 
Mayor   may  order  police  to    attend    public 

meeting  2832. 
Mayor   of   any   city  may   call    state    militia 

2835,  2839,  2840,  M62, 
Mayor  or  councilmen,  malfeasance  SOS. 
Measure  of  damages  for  cutting  timber  for 

repair  of  highway  or  bridge  5507. 
Measurement  of  water,  what  measure  deemed 

standard  4677.     See  Water. 
Meat,  diseased  or  impure,  sale  of,  forbidden 
8MB-29t5. 

Selling  without  having  hide,  unlawful  6641. 
Mechanic,  has  preferred  claim  for  wages  5493, 
5494. 

Tools  and  certain  property  exempt  from 

execution  5288. 
Mechanic  arts,  school  of,  established  356,  4639, 


Improvement  to  be  encouraged  by  legisla- 

ture 353. 

Mechanic's  lien,  legislature  may  confer  power 
on  justice's  court  to  enforce  in  certain  cases 
323.  See  Liens,  Civil  Practice. 
Medical  examiners,  board  of,  on  refusal  to 
grant  certificate  applicant  may  appeal  to 
courts  2366. 

Medicine,  surgery  and  obstetrics  2358-2374. 
Administer  oaths,  board  of  examiners,  when 

2362. 

Appeal  to  courts,  unsuccessful  applicants 
before  board  medical  examiners,  may, 
when  2366. 

Applicant  for  certificate  to  practice  may 
appeal  to  courts  from  decision  medical 
examiners  2366. 

Board  of  medical  examiners,  appointed  by 
whom,  when  to  serve,  how  long,  qualifi- 
cations 2359. 

Meet  and  organize,  when  2361. 
Certificate  issued  by  board  medical  exam- 

iners recorded,  where  2369. 
Revoked,  when,  causes  2369. 
Certificate  to  practice  medicine,  surgery, 

obstetrics,  obtained  how,  when  2364. 
Issued  to  whom,  when  2363. 
Examination  and  application,  candidates 
to  practice  medicine,  qualifications,  fee 

False    impersonation    medical    profession, 

penalized,  how  2373. 
Fee  for  registration  and  examination  medi- 

cal board  of  examiners,  what  2363-2365. 
Governor  to  appoint  state  board  medical 

examiners,  when  2359. 
Issuance    medical    certificates,  by   whom, 

how,  when,  to  whom  2363-2367. 
Issuing  false  certificate  to  practice  2373. 
License  necessary  practice  medicine,  sur- 

gery, obstetrics  2358. 
Meeting  board  medical    examiners,  when 

2361. 
Notice   board    medical    examiners,    given 

how,  published,  where  2361. 
Oath  board  medical  examiners,  what  2360. 
Penalty  practicing  medicine  without  license 

2371. 
Practicing  without  license  to  practice  medi- 

cine, penalized  2371. 


Medicine 


INDEX 


2476 


Medicine — continued . 

Qualifications  board  medical  examiners 
2359. 

Quorum  of  medical  board,  what  2363. 

Register  of  applicants  and  those  admitted 
practice  medicine,  surgery,  obstetrics, 
kept  where,  by  whom  2367. 

Registration  fee  imposed  2364-2365. 

Salary  secretary  board  medical  examiners, 
what  2368. 

Secretary  board  medical  examiners,  salary, 

what  2368. 
Who  2362. 

Terms  in  act  concerning  medicine,  surgery, 
obstetrics,  defined  2370. 

Unprofessional  conduct  medical  profession, 

defined  2369. 
Member  of  Congress,  age  of  89. 

Election  of  2765,  2772,  2773. 
Members  of  legislature.     See  Legislature. 
Memorandum  of  exceptions  upon  motion  for 

new  trial,  when  to  be  filed  5322. 
Merchandise,  false  representation  as  to,  un- 
lawful 6709. 
•*  Purchased  in  bulk,  requirements 3908-3909. 

Sale  of,  in  violation  of  bulk  act  3910. 
Merger  two  or   more  corporations  effected, 

how  1145.     See  Corporations. 
Message  of  governor  to  legislature  303. 
Message,  telegraph.     See  Telegraph. 
Messenger  appointed  to  get  election  returns, 

compensation  1799. 
Metal-bearing  ores,  specimens  exempt  from 

execution  5822-5824. 
Metric  system,  when  used  4792. 
Mice,  extermination  of  454-455. 
Midwives    must   register    with    local    health 

officer,  birth  certificates  to  register,  failure, 

penalty  2964,  2967,  2972,  2986,  2987. 
Mileage,  books  or  passes  issued,  to  be  reported 
4567 (a). 

How  computed  2040,  2037,  2013. 

Of  constable,  how  computed  2040. 

Of  jurors,  how  computed  2013. 

Of  senators  and  assemblymen  4393. 

Of  sheriff,  constable  or  coroner  allowed 
what,  how  computed  2037,  2040. 

Transporting  prisoners  7606. 

Warden  to  certify  to,  when  7565. 

When  paid  garnishee  5189. 

Witnesses,  per  diem  may  be  demanded  in 

advance  5431. 

Military.     See  State  Militia. 
Military  duty,  who  liable  to  3998. 
Military  fine,  no  person  to  be  imprisoned  for 

in  time  of  peace  243. 
Military  forces  of  state,  governor  commander- 

in-chief  298. 

Military  not  to  be  charged  toll  3047. 
Military  officers,  governor  to  transact  execu- 
tive business  with  and  require  information 

from  299. 
Military  power,   subordinate  to    civil,  when 

240. 

Military  property,  refusal  to  return  4052. 
Military  returns  and  votes,  how  canvassed 

297,  1887-1893. 
Military  service,  person  in,  to  enjoy  right  of 

suffrage  252. 
Military  tribunal,  not  affected  by  act  6299. 


Militia,  when  members  of  exempt  from  arrest 
under  civil  process  5650.  See  Military, 
State  Militia. 

Milk,  sale  of  adulterated,  skimmed  or  impure, 

unlawful  6536-6539.     See  Pure  Food  Law. 

Mills  or  smelters,  hours    of   labor   in.     See 

Eight-hour  Law  6555,  6556. 
Millsite,  located,  how  2438.     See  Mines   and 

Mining. 
Mill  operator,  liability  for  death  or  injury  of 

employee  5650. 

Liable  for  death  or  personal  injury  if  caused 
by     gross     negligence,   notwithstanding 
slight  negligence  of  employee  5651. 
Mills,  eminent  domain,  may  be  used  for  sup- 
plying water  5606. 
Mineral    cabinets,  exempt    from    execution 

5822-5824. 
Mineral  County,  boundaries  and  seat  1479, 

1480. 

Part  of  seventh  judicial  district  4905. 
Minerals,  analysis  of,  at  university  4660-4662. 

MINES  AND  MINING 
Federal  Laws  2375-2421: 

Act  authorizing  entry  of  lands  containing 
petroleum  and  other  mineral  oils  under 
the  laws  relating  to  placer  locations  2394. 

Act  authorizing  entry  of  land  valuable  for 
building  stone,  under  placer  mining  laws 
2393. 

Act  authorizing  use  of  timber  on  public 
domain  for  mining  and  domestic  pur- 
poses 2414-2416. 

Act  extending  to  saline  lands  the  laws 
relating  to  placer  locations  2392. 

Act  for  refunding  certain  payments  made 
by  applicants  for  mineral  surveys  2421. 

Act  modifying  act  so  as  to  allow  the  acquir- 
ing of  mines  in  addition  to  320  acres  of 
other  land,  and  regarding  townsite  entries 
on  mineral  lands  2418,  2419. 

Act  providing  that  annual  assessment  work 
on  oil  lands  may  be  done  on  any  one  of 
a  group  of  not  more  than  five  claims  2395. 

Act  relating  to  forest  reserves,  mineral  and 
agricultural  lands  therein  and  the  use  of 
timber  and  stone  thereon,  and  rights  of 
settlers  2420. 

Act  restricting  entry  under  all  land  laws  to 
320  acres  and  reserving  right  of  way  for 
government  canals  2417. 

General  mining  laws  of  United  States  rela- 
ting to  lode  and  placer  claims,  tunnels 
and  millsites,  appearing  in  United  States 
Revised  Statutes  2375-2391,  2396-2407. 

Amendment  providing  that  money  expended 
on  tunnel  shall  be  considered  as  money 
expended  on  claim  2382. 

United  States  laws  relating  to  coal  lands 
2408-2413. 

Acreage,  applicant  for  coal  lands,  entitled 

to  2408-2409. 
Action    for   recovery  of  ore,  commenced, 

when  2489. 

Action  for  trespass  on  5504-5513. 
Action  to  determine  right  of  possession  upon 

application  for  patent  5526. 
Action  to  prevent  injurious  working  of  5509. 


2477 


INDEX 


Mines  and  mining 


Federal  laws — continued. 

Additional  bond  of    assessor  for  payment 

of  taxes  on  proceeds  of  mines  3705'. 
Adverse  claim,  may  be  verified  by  agent  or 
attorney  in  fact,  when  2384. 

Proceedings  and  judgment-roll  must  be 
certified  by  register  to  commissioners 
general  land  office,  when  2384. 

Regulations  for  filing  and  contesting  2421. 

To  application  for  patent,  made  how,  pro- 
ceedings 2384. 

Stays  controversy  until,  when  2384. 
Affidavit  of  two  persons  attached  to  notice 

posted  on  mining  claims  2383. 
Affidavits  and  papers  on  application  for  land 

verified  by  whom  2397. 
Agent  of  nonresident  applicant  for  patent 

may  apply,  when  2383. 
Agent  or  attorney  in  fact  may  verify  adverse 

claim  of  applicant,  when  2384. 
Agricultural  land  in  placer  claim  subject  to 

homestead    and    preemption    purposes, 

when  2389. 
Agricultural  land,  when  may  be  set  aside 

as  such,  by  whom  2lo4. 
Amount  of  labor  necessary  to  be  expended 

on  claim  for  patent,  what  2383. 
Amount  per  acre  to  be  paid  by  applicant 

for  patent,  designated  2383. 
Annual    assessment    work,    period    within 

which  must  be  done,  what  2:!S2,  2430. 
Annual  labor  on  oil  lands  to  consist  of,  what 

2395. 
Annual  statements  of  companies  filed,  \\  ith 

whom   1330-1340. 

Annual  work  on  claims,  period  of,  what 2382. 
Applicant  assumed  to  be  entitled  to  patent 

if  no  adverse  claim  filed,  when  2383. 
Applicant  for  mineral  patent  residing  beyond 

mineral  district  make  oath  or  proof  of 

citizenship  before  whom,  how  23S4. 
Applicant  to  mineral  land  must  file  sworn 

statement  of  fees  and  charges  for  survey 

and  file  same,  where  2396. 
Applicant  for  patent  to  mineral  land  entitled 

to  patent,  when  2383. 

Application,  filing  on  claims,  how  and  when 
2410. 

For  patent  by  nonresident  made  by  agent, 
when  2383. 

For  patent  to  mineral  ground,  to  whom 

made,  how  2383. 

Appointment   of   surveyors,  charges,  pro- 
ceedings and  regulations  therefor  2421. 
Arbitration   between    employers    and  em- 
ployees 1929. 
Assessment,  annual    work,  period    within 

which  must  be  done  2382,  2430. 
Assessment  of  352.     See  Revenue. 
Assessment  patented  352. 
Attorney-general,  ex   officio    mineral   land 

commissioner  4146. 

Attorney  in  fact  or  agent  may  verify  ad- 
verse claim  of  applicant  2384. 
Auditor  may  demand  books  of  company 

13691,3694. 
Blind  lode  discovered  in  running  tunnel, 
made  how  2381,  2443. 
Board   of  county  commissioners  to   exact 
additional  bond  of  assessor  for  payment 
taxes  on  proceeds  of  3705. 
166 


Federal  laws— continued. 
Boundaries    locating    placer   claim,  made 

how  and  marked  2387,  2389,  2434. 
Boundaries  mining  claim  may  be  changed, 

effect  of  2382,  2427. 
Building-stone  lands  valuable  for  building 

purposes    located    as    placer    claim   by 

whom,  how,  when  2393. 
Capital  stock  of  company  may  be  paid  for 

by  deed  to  ground  1200. 
Certificate   of   location,   original   may    be 

amended  or   additional   certificate   filed 

how,  when  2382,  2427. 
Certificate  of  proof  of  labor,  fee  for  filing 

204$. 

Changing  value  of  ore  6710. 
Citizens  of  United  States  and  those  declar- 
ing intention  to  become  such  may  locate 

mineral  land,  how  2377. 
Citizenship,    association     unincorporated, 
what  2379. 

Corporation,  proof  of  2379. 

Individual,  proof  of  2371). 

Proof  of,  established  how,  regulations  and 
procedure  in   proving  when  acquiring 
mining,  millsite  and  other  special  rights 
2421. 
Claims,  action  for  recovery  495] . 

Mortgage  on,  rights  of  mortgagee  1091. 

Unpatented,  exempt  from  taxation  3621. 
Coal-land  laws  2408-2413. 
Coal  lands,  acquired  how,  by  whom,  cost 
per  acre  24  os. 

Number  of  acres  each  person  may  acquire 

2408-2400. 

Commissioner  general  land  office  authorized 
to  make  rules  and  regulations  govern- 
ing coal  lands  2412. 

Power  to  establish  maximum  cost  of  sur- 
veys and  publication  of  notices,  what 
2396. 
Companies,  delinquent,  list   of,  made    by 

assessor  3695,  3699. 
Condemnation    proceedings    of    land    for 

mines,  basis  for  determining  2462. 
Conditions  of  sale  and  rules  for  working 

mines,  may  be  made  by  legislature,  when 

2400,  2422,  et  seq. 
Conflicting  claims  to  coal  lands  determined 

how,  by  whom  2412. 
Contests  and  proofs  as  to  agricultural  or 

mineral  character  of  land,  taken  how, 

before  whom,  noticed,  how  2397. 
Conveyance  of  1100-1102. 
Conveyance  by  minors  1103,  1104. 
Conveyances  of,  not  to  be  construed  as  con- 
flicting with  customs,  rules  and  regula- 
tions 1091. 
Coowner  failing  to  contribute  share  of  legal 

expenditure    forfeits   interests    in,   how, 

when  2382. 
Corporate    stock    in    company  not    to    be 

assessed  unless  power  reserved  in  certifi- 
cate of  incorporation  1200. 
Corporations,  may  become  stockholders  in 
tunnel  companies  1202. 

May  consolidate  1216-1218. 

Report  annually  to  attorney-general  and 

county  recorder  1330-1340. 
Cost,  coal  lands,  per  acre  2408. 

Millsite  land  patented,  per  acre  2399. 


Mines  and  mining 


INDEX 


2478 


Federal  laws — continued. 

Cost,  placer  claim  containing  lode,  per  acre 

2391. 

Not  containing  lode  2391. 
Costs  allowable  to  prevailing  party  in  ad- 
verse claim  proceedings,  determined,  how 

2384. 
County    auditor    to    furnish    statement  of 

taxable  mining  property  3697. 
Customs  or  rules  of  miners  in  mineral  dis- 
trict determine  location  of  mineral  land 

2382. 
County  commissioners  to  equalize  taxation 

of  3693. 
Courts    to    have    jurisdiction    in    tax    suit 

against  3707. 
Damages  or  injuries  accruing  from  ditch  or 

canal,  when  recoverable,  from  whom  2401. 
Day's  labor,  number  hours  to  constitute  for 

assessment  purposes  2382,  2427. 
Defective  or  erroneous  certificate  location 

amended  how,  when  2382,  2427. 
Description  vein  or  claim  on  unsurveyed  or 

surveyed  land  must  contain,  what  2385. 
Dimensions    mining  claim   upon  veins   or 

lodes  determined,  how  2378. 
Discovery  vein  or  lode,  prerequisite  to  valid 

location  2378. 
District  attorneys  to  enforce  statements  of 

companies  1340. 
District  laws  govern  corporations  formed 

for  purposes  of  1201. 
Effect  of  oldest  or  prior  location  2398. 
Eight-hour  law,  to  govern  in  cement  and 
plaster  mills  6559. 

In  smelters,  quartz  mills  and  ore  reduc- 
tion works  6555. 

For  surface  men  1941,  1942. 

In  underground  workings  6554. 
Eminent  domain,  right  of,  over  land  and 

water  for  purposes  of  5606. 
Employers'  liability  act  1915. 
End  lines  of  claim  must  be  parallel  2378. 
Entry,  coal  land  may  be  made  by  whom, 

how,  when  2408. 
Entry,  land  chiefly  valuable  for  building 

stone  located  under  placer  mining  laws 

2393. 
Entry,  under  all  land  laws  restricted  to  320 

acres  2417. 
Estate  deceased  person,  property  disposed 

of,  how  5982. 
Evidence  of  possession  to  establish  right  to 

patent,  what  2390. 
Exemption  of  veins  on  mineral  townsites 

1918. 

Existing  rights  affected  by  pending  applica- 
tion for  patent  2386. 
Excessive  number  on  cages  4235. 
Expenses  of  survey  of  vein  or  lode  claims 

paid  by  whom  2396. 

Failure  coo  wner  to  contribute  sh  are  expendi- 
tures, forfeits  interest,  how,  when  2382. 
Federal  law  applicable  to  Nevada,  use  of 

timber  on  public  domain  for  mining  and 

domestic  purpose,  what  2414-2416. 
Fees,  proceedings  on  adverse  claim  suit, 
what,  borne  by  parties  interested,  how 
2384. 

Proof  of  labor  on  claims  2046. 


Federal  laws— continued. 
Fees,  register  and  receiver,  how  and  when 

payable,  for  what  2421. 
Field  notes  and  plat  to  patented  mining 

claims  to  be  posted  on,  when,  where  2383. 
Forest  reserve  lands  may  be  restored  for 

mining    and    agricultural    purposes    on 

recommendation  secretary  interior  with 

approval  of  president  United  States  2420. 
Forest  reservations,  laws  and  regulations 
applying  thereto  2420. 

Open  to  prospecting  and  location  of  min- 
eral claims  2420. 

When  to  be  established  2420. 
Grant  of  lands  to  states  or  corporations  not 

to  include  mineral  land  2407,  2457. 
Hearing  to  determine  character  of  land, 

rules  of  practice,  what  2421. 
Hoists  to  be  operated  by  licensed  engineers 

3904. 
Homestead  laws,  miners  to  receive  benefit 

of  3126. 
Homesteads  may  be  made  on  mineral  lands, 

when  2403. 
Homesteads    and   preemption    claims  not 

impaired  by  placer  locations  2388. 
Homesteads    on    mineral    lands,    acreage 

thereof,  what,  price  per  acre  2403. 
Inspection  of  mine  by  stockholder,  when 

2492,  2495. 

Inspector  of  mines,  duties,  qualifications, 
salary,  elected,  how  4198-4238. 

Act,  noncompliance  with  4238. 
Judgment    on    adverse  claim  proceedings 

entitles    prevailing  party  to  possession, 

when  2384. 
Jurisdiction  in  suits    for    delinquent    tax, 

determined,  how  3707. 
Labor,  amount  of,  necessary  to  perform  on 

mining  claim  annually,  what  2382. 
Ladders  and  landings,  regulations  as  to  4216, 
Land  condemned  for  mines  and    mining 

purposes,  basis  of  determining  value  of 

2462. 
Land  containing  petroleum   and    mineral 

oils  subject  to  entry  and   patent   under 

placer  mining  laws,  how,  bv  whom,  when 

2394. 
Land  districts  and  officers  thereof  provided 

by  president  of  United  States  2405. 
Land  entered  under  mineral  laws  not  in- 
cluded in  restriction  to  the    320    acres, 

when  2419. 
Land,    mineral    character,    reserved   from 

sale,  when  2376. 
Legislature  may  make  rules    for  working 

mines  and  conditions  of  sale,  when  2400. 
Length  of  time  for  adverse  claimant  to  com- 
mence proceedings  to  determine  right  of 

possession,  what  2384. 
Lien  attaches  to  for  taxes,  when  3688. 
Lien  on  mining  claim  or  property  attached 

prior  to  issuance  of  patent  not  impaired 

by  patent,  when  2390. 
Liens  on  for  labor  and  material,  when  2213. 
List  of  delinquent  mining  companies  made 

by  assessor  3699. 

Limitation  of  actions  for  recovery  of  4951. 
Location  blind  lode  discovered  in  running 

tunnel,  how  2381,  2443. 
Location  mining  claim  marked,  how  2382. 


2479 


INDEX 


Mines  and  mining 


Federal  laws — continued. 

Location  notice,  antedating  prohibited  (it  17  •">. 

Location  notices,  contain  what  2382. 

Location  of  tunnels  2440-2443,  2381. 

Location  placer  claim,  made,  how  2387, 
2389,  2434. 

Locator  authorized  follow  veins,  lodes  or 
ledges  outside  side  lines,  when  2380. 

Locator's  rights  to  mining  ground,  what 
2380. 

Lode  claims,  regulations  concerning  2421. 

Maximum  number  of  acres  allowed  in 
placer  claims,  what  2388. 

Method  of  survey  of  mining  claims,  regula- 
tions and  general  information  concerning 
2421. 

Mileage,  assessor  to  receive  for  selling  prop- 
erty of  for  taxes  3700. 

Mill  company,  books  of,  to  be  inspected  by 
assessor  3694. 

Mill,  mine  and  tunnel  locations,  annual 
labor  recorded  2424 ,2431,  2435,  2438, 2442, 
244»i,  244S,  2451,  2403,  2400,  2473. 

Millsite  on  nonniineral  land  patent-able,  how 
2399. 

Millsite,  patents  limited    to  acreage,  how 

2899. 

Regulations  and  proceedings  to  acquire, 
what  2421. 

Mineral  land  commissioner,  attorney- 
general  ex  otlicio  41  10. 

Mineral  land  in  forest  reservation  subject 
to  location  and  entry,  how,  when  2420. 
Open  to  location,  what,  when  2377. 

Mineral  land  not  liable  to  entry  under 
homestead  act  3128. 

Mineral  land  on  which  no  valuable  mines 
are  discovered  open  to  homestead,  when 
2403. 

Mineral  land,  patent  for,  obtained,  how  2383. 
Reserved  from  sale,  when  2376. 
Within  national  forests,  rules  and  regu- 
lations concerning  2421. 

Mineral  township,  state  land  in  to  be  adver- 
tised before  sale  321!). 

Mineral  vein,  claimant  on  federal  townsite 
not  to  claim  surface  ground  1978. 

Miners  in  each  mining  district  may  make 
regulations  governing  location  and  pos- 
session mining  claims,  how,  when  2382. 
To  receive  benefit  homestead  laws  3120. 

Mining   claim,    dimensions  of,  designated 

2878. 

Method  of  surveying,  general  rules  and 
information  relating  to  regulations 
thereof,  2421. 

Open  to  relocation,  when  2382. 
Surveys  of,  general  provisions  and  regu- 
lations applying  thereto  2421. 

Mining  inspector,  duties,  qualifications, 
salary,  elected,  how  4198-4238. 

Money  expended  on  tunnel  deemed  ex- 
pended on  lode  2382. 

Monuments  on  patented  claims  control 
conflict  on  boundaries,  how,  when  2385. 

Mortgage  on,  claims,  rights  of  mortgagee 
1091. 

National  forests  containing  mineral  land, 
rules  and  regulations  applying  thereto 
2421. 


Federal  laws — continued. 

National  forests,  transfer  of,  information 
and  instructions  in  relation  thereto  2421. 

Net  proceeds  of,  defined  3087. 

New  boundaries,  locating  abandoned  min- 
ing claim,  made,  how  2382,  242S. 

Notice  by  land  register  filing  application  for 
patent  published  in  newspaper,  how  long 
2383. 

Notice  of  contest  on  mineral  or  agricultural 
character  of  land  given,  how  2397. 

Notice  to  delinquent  coowners  of  mining 
claims  given,  how,  when,  where  23S2. 

Number  of  saline  claims  one  person  author- 
ized to  locate,  designated  2392,  2447-2450. 

Oath  of  adverse  claimant  residing  beyond 
limits  of  district  may  be  taken  before 
whom  2384. 

Oil  land,  annual  work  required  thereon  2395. 

Oil,  mineral  and  petroleum  subject  to  entry 
and  patent  under  placer  mining  laws  2394. 

Only  one  entry  allowed  by  same  persons  or 
association  for  coal  land  241 1. 

Open  cut,  hours  of  labor  0557,  (5558. 

( >perators  of  to  furnish  assessor  with  state- 
ment, contain  what  :*>090. 

Order  for  underground  survey  5511. 

Ores,  assess  for  taxes,  how  8687. 

Owners  and  companies,  state  license  and 
bullion  tax  agent  may  inspect  books  and 
require  reports  4244,  4246. 

Owners  of  quartz  mills  or  reduction  works 
entitled  to  millsite,  when  23<)!>. 

Owners  of  tunnels,  rights  of  2381. 

Partition  of  mines  5576,  et  seq. 

Patent  application  to  be  shown  in  adverse 

action  552(1. 

Application,  suit  on  adverse  claim  2384. 
Mineral  ground  obtained,  how  2383. 
Mineral     land,   lode    claim,  regulations 

therefor  2421. 

Mining  claim  conveys,  what  2386. 
Nonmineral    land    for   millsite    may   be 

issued,  when  2399. 
Placer  claim  containing  lode, proceedings, 

defined  2391. 

Placer  claim  conveys  title  to  what  2391. 

Preemption    and    homestead  subject   to 

vested  and  accrued  water  rights  2402. 

To  issue  on  termination  of  adverse  claim 

proceedings,  when  2384. 

Patented  and  unpatented  mining  claims 
assessed,  how  352,  1578.  See  Revenue. 

Patented  mineral  land  deemed  segregated 
from  public  domain  2385. 

Payment  of  taxes  on,  receipted  for  by 
assessor  3701. 

Pending  applications  for  patent  under  for- 
mer laws  may  be  prosecuted  to  final  de- 
cision in  general  land  office  2386. 

Period  of  annual  work  designated  2382. 

Perjury  for  mining  company  to  furnish 
false  statement  to  assessor  3090. 

Persons  in  possession  coal  lands  making 
improvements  have  preference  of  entry, 
when  2409. 

Petroleum  and  mineral  oil  lands  patented 

to  assigneee  3178.    ' 

Subject  to   entry  and  patent,  by  whom 
2394. 


Mines  and  mining 


INDEX 


2480 


Federal  laws— continued. 
Placer    claim     containing    lode,   may    be 
patented,  proceedings  2391. 

Law  in  relation  thereto  2387-2392. 

Limit  of,  designated  2387. 

Limit  of,  to    individual    claimant,  what 
2389. 

Must  conform  to  survey,  required  by  the 
United  States  2387. 

On   surveyed  land,  no  further  survey  or 
plat  required,  when  2389. 

Patent  conveys  title  to  what  2391. 

Regulations   and   proceedings  to  obtain 
patents  2421. 

Regulations  concerning  location  thereof 
2421. 

Subject  to  entry  and  patent  under  similar 
proceedings,  provided  vein  or  lode 
claims,  how,  when  2387. 
Plat  and  field  notes,  proposed  patented 
mining  claim  made  how,  filed  where 
2383. 

To  patented  claim  posted  on  claim ,  when 

2383. 
Possession  necessary  to  establish  right  to 

patent,  what  evidence  required  2390. 
Possessors  of  veins  protected  from  townsite 

entries  how,  when  1978,  2418. 
Possessory  action  for  recovery  of  title  or 

damages,  what  2375. 
Possessory    right,    regulations    concerning 

proof  of,  what  2421. 
Preemption    and    homestead     claims    not 

impaired  by  placer  locations,  when  2388. 
Preference   in    conflicting   claims    to    coal 

lands,  to  whom  given  2412. 
President  United  States  provide  and  appoint 

officers  for  land  districts,  how,  when  2405. 
Price  per  acre  for  homesteads  on  mineral 

lands,  what  2403. 
Prior  rights  to  gold,  silver  or  copper  mines 

not  impaired  by  coal-land  laws  2413. 
Proceeds  of,  false  oath  concerning  3690. 
Proceeds  of,  taxes  on  collected,  when  3689, 

3687,  4240-4248. 
Proceedings  for  patent  for  placer   claims 

containing  lode,  what  2391. 
Procedure    to    obtain    patent   to    mineral 

lands,  what  2421. 
Proof  of  citizenship  determined,  how  2379. 

May  be  verified  by  applicant  for  mineral 
patent  when  residing  beyond  limit  of 
mineral  district,  how,  \vhen  2384. 
Proof  of  labor,  certificate  of,  fee  for  filing 

2046. 
Property  deceased  person  disposed  of,  how 

5982. 
Prospector  may  enter  and  work  mine  on 

public  lands  3226,  2456,  2458,  2459. 
Publication  of  mining  notices,  charges  fixed 

by  commissioner  general  land  office  2396. 
Quartz    mill    or    reduction    works    owner 

entitled  to  patent  for  millsite,  how,  when 

2399. 
Railroad  corporations  not  authorized  to  use 

timber  on  public  domain  2414. 
Receiver,  fees  payable  to  for  what,   how, 

when  2421. 

Records,  impart  notice,  evidence  1635, 1636. 
Records  of  mining  locations  contain  what 

2382. 


Federal  laws — continued. 

Recorders,  file  certificates  of  proof  of  labor 

2046. 
Reduction    works   or    quartz    mill   owners 

entitled  to  patent  for  millsite,  how,  when 

2399. 
Register  and  receiver  to  ascertain  if  timber 

being  cut  for  unauthorized  purposes  2415. 
Register,  fees  payable  to,  for  what,  how, 

when  2421. 

Register  land  office,  duty  to  publish  appli- 
cation for  patent  2383. 

Must  certify  to  commissioner  of  general 
land  office  proceedings  and  judgment- 
roll  in  adverse  claim  contest,  how, when 
2384. 

To  designate  newspaper  to  publish  notice 

of  contest  2397. 
Regulations    concerning    location    of   lode 

claims  2421. 
Regulations  concerning  location  of  placer 

mining  claims  2421. 
Regulations  concerning  nature  and  extent 

of  mining  claims  2421. 
Regulations    for  acquiring  mineral  lands, 

what  2377. 
Regulations    in    general,   information  and 

instructions  of  U.  S.  land  office  concern- 
ing millsites,  forest  reserves,  mines  and 

mining,  surveys,  fees,  register  and  receiv- 
er's duties  2421,  pp.  711-728. 
Regulations  under  saline  act  2421. 
Repayment  of  deposits  for  mineral  surveys 

to  be  made  to  applicant,  how,  when  2421. 
Reservations  in  patents  for  right  of  way  for 

ditches  and  canals  acquired,  how,  what 

2417. 
Reservoir  sites  and  locations  restricted,  how 

2419. 
Restoration  of  mineral  or  agricultural  lands 

to  public  domain  2420. 
Right   of   eminent  domain  over  land  and 

water  for  purposes  of  5606. 
Right  of  possession  to  veins,  lodes,  ledges 

beyond  boundary  mining  claims,  defined 

2380. 
Right  of  way  for  ditches  and  canals  2401, 

2417. 
Right  of  possession  to  veins  and  lodes  given 

tunnel  owrners,  when  2381. 
Rights    of    way    for    ditches    and    canals 
acknowledged  and  confirmed,  how  2401. 

Through  forest  reservations,  permissible, 
to  whom  2420. 

Where  veins  intersect,  given  whom,  when 

2398. 
Rules  and  regulations  interior  department, 

when  authorized,  have  the  effect  of  laws, 

how,  when  2421. 
Rules  not  affected  by  act  1091. 
Safety  appliances  in  mines  6799. 
Saline  and  unoccupied  land  of  United  States 

subject  to  location  under  same  provisions 

of    law    relating   to  placer  claims  2392, 

2447-2450. 

Saline  lands,  regulations  concerning  loca- 
tion thereof  2421. 

Secretary  of  interior,  may  authorize  timber 
and  stone  locations  on  forest  reserva- 
tions to  certain  persons,  when  2420. 


2481 


INDEX 


Mines  and  mining 


Federal  laws— continued. 
Secretary  of  interior,  may  designate  and  set 

apart  agricultural  lands  2404. 
Secretary  of  treasury  authorized  to  repay 

deposits  for  mineral  surveys  to  applicants, 

how,  when  2421. 
Smelting   company  furnish    assessor  with 

statement  36! M. 
State  disclaims  interest  in    mineral  lands 

2457. 
Statute  of  limitations  affects  applications 

for  patent,  how  2390,  4949-4966. 
Stolen  ore  recovered,  how,  procedure  L'isi. 
Stone   lands   valuable    for    building-stone 

material,   located    under   placer  mining 

laws,  by  whom,  how,  when  2393. 
Subdivisions  of  forty-acre  tracts  subject  to 

subdivision,  how,  when  2388. 
Subsequent  location  of  veins  intersecting 

affect  right  of  way,  how  2398. 
Substituting  value  of  ore  6710. 
Suit  against  company,  collection  of  taxes 

3700-3709. 
Surface  veins  apexing  on  claim  belong  to 

locator,  when  2380. 

Surface  rights  on  federal  townsites  1978. 
Survey  mining  claim ,  general  provisions  and 

other  information  concerning  2421. 
Survey  vein  or  lode  claims  to  be  paid  by 

applicant,  how  much,  when  2396. 
Surveyor-general,  and  commissioner  general 
land  office  to  approve  repayment  of  de- 
posits made  by  applicant  for  mineral 
surveys,  when  2421. 

May  adjust  boundaries  to  correspond  with 
true  focation  of  patented  claims,  when 
2385. 

May  appoint  competent  surveyors  2396. 
Surveyors  may  be  appointed  by  surveyor- 
general  2396. 
Sutro  tunnel  rights  not  impaired  by  federal 

provisions  this  act  2406. 
Taxation,  mining  property,  ore  and  mills. 
See  Revenue. 

Net  proceeds  3687. 

Patented  mines,  as  amended  352. 

Proceeds  3699. 
Timber  may  be  used  by  citizens  of  Nevada 

and  elsewhere  on    public  domain,  how, 

when  2414. 

Time,  annual  work  required    to   be   done 
unpatented  claim  2382,  2430. 

Failure  to  work  on  tunnel  forfeits  right 
to  vein  or  lode  2381. 

Filing  claims  for  coal  lands  2410. 

Proof  and  payment  for  claims  to  coal 

lands  2411. 

Title,  cannot   be    acquired   under    federal 
townsite  law  1965. 

Town  lots  on  federal  townsites  subject  to 
possessory  rights  1078. 

Vests,  how  and  when,  when  property  sold 

for  taxes  3700. 
Town  lots    on  mineral  land,  title  thereto 

determined,  how  2418,  1978,  2392. 
Townsite  lots    subject  to  recognized  veins 

1960,  1978. 
Townsite  on  mineral  land  authorized,  how, 

when  1978,  2418,  2392. 
Transfer  of  national  forests,  information  and 

directions  thereon  2421. 


Federal  laws— continued. 

Transferred  same  as  other  real  estate  1100, 
1102. 

Tunnels,  location  of  2440-2443,  2381. 

Regulations    concerning,    and    effect    of 

Revised  Statutes  thereon  2421. 
Work    on,   deemed    development    work, 
when  2381. 

United  States  deputy  surveyors,  may  be 
employed  by  applicants  for  mineral  land 
patents,  when  2396  2377. 

United  States  land  office,  contest  to  deter- 
mine character  of  land  2397. 

United  States  laws  relating  to  lands  3063. 

United  States  laws  relating  to  mines  2375. 

United  States  surveyor-general  authorized 
make  plat  and  field  notes  patented  claims, 
how,  when  2383. 

Unpatented,  exempt  from  taxes,  when  3621. 

Using  metal  tamping  bar  4212. 

Valuable  mineral  land  not  to  be  included 
in  forest  reservations  2420. 

Vested  rights  of  water  by  priority  of  pos- 
session supreme,  when  2401. 

Violation  of  provisions  concerning  cutting 
timber  on  public  domain,  penalized,  how, 
when  2410. 

Water  rights  vested  by  priority  of  possession 
supreme,  when  2401,  3194,  3182. 

Water  rights,  vested,  superior  to  rights 
obtained  by  patents,  preemption  and 
homestead,  how,  when  2402. 

When  lands  may  be  set  apart  as  agricul- 
tural lands  2404. 

Where  veins  intersect,  priority  of  title  gov- 
erns location,  how,  when  2398. 

Who  authorized  to  locate  mineral  land 
2377,  2422.  See  Civil  Practice. 


State  Laws,  2422-2496: 

Act  allowing  prospecting  for  minerals  upon 
lands  held  or  patented  by  the  state  2456, 
2457. 

Act  authorizing  prospecting  on  unfenced 
and  unimproved  land  in  private  owner- 
ship, and  for  acquiring  title  thereto  2458- 
2462. 

Act  for  better  protection  of  rights  locators 
mining  claims  relating  to  certificates  of 
location,  receipts,  and  seal  of  district 
mining  recorder  2451-2455. 

Act  facilitate  the  recovery  of  ores  and  metals 
taken  by  theft  or  trespass  2483-2486. 

Act  provide  for  location  lands  containing 
salt  2447-2450. 

Act  provide  for  recording  of  grubstake  con- 
tracts 2475. 

Acts  providing  for  the  better  preservation 
of  mining  records  2463-2474. 

Act  relating  to  inspection  of  mines  by  stock- 
holders 2492-2496. 

Act  regulate  the  purchase  of  ore  2487-2491. 

General  act  relating  to  location  and  hold- 
ing of  mining  claims,  millsites  and  tunnel 
rights  2422-2446. 

Annual  statements  of  companies,  filed  with 

whom  1330-1340. 
Annual  work  for  assessment  purposes,  how 

much  required  2382,  2430. 


Mines  and  mining; 


INDEX 


2482 


State  laws— continued. 

Apex  of  lode  determines  when  lode  may 
not  be  followed  2426. 

Application  for  underground  survey,  how 
made  in  action  for  trespass  5511. 

Arbitration  between  employers  and  em- 
ployees 1929. 

Assayer  keeping  false  record  bullion  or  ore 
purchased,  punished,  how  2485. 

Assayers  and  buyers  bullion  and  ore  must 
keep  record  of,  how,  where,  when,  what 
to  state  2483. 

Assessment  of  mining  property,  ore  and 
mills.  >ee  Revenue. 

Assessment  of  patented  and  unpatented 
claims  352. 

Assessment  work,  annually  to  be  performed 
2382,  2430. 

Assessor,  make,out  list  of  delinquent  com- 
panies 3699. 

Auditor  may  demand  company  books  3691, 
3694. 

Auditor  to  furnish  sworn  statement  to  con- 
troller of  taxable  property  3697. 

Authenticated  copy  location  notice  evi- 
dence, when  2424. 

Basis  of  determining  value  land  taken  for 
mining  purposes  2462,  5606,  5629. 

Belonging  to  estates,  lease  or  sale  of  5980. 

Blind  lode  discovered  in  running  tunnel 
made,  how  2341,  2483. 

Books  of  mill  company  to  be  inspected  by 
assessor  3694. 

Boundaries,   locating   placer   claims,   how 

made  and  marked  2434,  2387,  2389. 
Millsite  marked,  how  2437. 
Mining  claim ,  how  and  when  defined  2423. 
May  be  changed,  effect  of  2427,  2382. 
May  be  changed  or  remedied  if  defect- 
ive 2427,  2382. 

Capital  stock  may  be  paid  for  by  deed  to 
ground  1200. 

Certificate,   location    and    labor,   to    hold 

claims  need  not  be  sworn  to  2445. 
Location  and  labor,  to  hold  claims,  no 

specified  form,  must  state  facts  2445. 
Location  original,  may  be  amended  or 
additional  certificate   filed  2427,  2382. 
Proof  of  labor,  fee  for  filing  and  record- 
ing 2046. 

Changing  value  of  ore  6710. 

Claimant  serving  notice  and  not  bringing 
suit  liable  for  double  damages  2490. 

Claims,  action  for  recovery,  limitations  4951. 
Mortgage  on,  rights  of  mortgagee  1091. 
Unpatented,  exempt  from  taxation  3621. 

Company  to  pay  taxes  3687. 

Compensation  for  injury  to  lands  for  min- 
ing purposes,  recovered,  how  2456. 

Condemnation  proceedings  for  land  and 
improvements  may  be  had  for  mining 
purposes,  when  2456. 

Contest  to  determine  mineral  or  agricul- 
tural character  of  land  in  U.  S.  land 
office  2397. 

Coowner,  delinquent,  may  be  deprived  of 
interest  in  mine,  how,  2432. 

Conveyance  of  1100-1102. 
By  minors  1103,  1104. 

Conveyances  of,  not  to  be  construed  as  con- 
flicting with  rules  and  regulations  1091. 


State  laws— continued. 
Copies  of  certified    mining  records  intro- 
duced in  court,  evidence  2467. 
Corporate    stock    of    company    not   to    be 

assessed  under  power  reserved  in  certifi- 
cate of  incorporation  1200. 
Corporations     for    purposes    of,    may    be 

formed  1105,  et  seq.,  1203. 
County  clerk  authorized  to  give  order  for 

admission  to  mine  to  stockholder,  when 

2495. 
County  clerk  or  justice  of  peace  authorized 

give  order  to  stockholder  mining  company 

to  examine  mine  2492. 
County  commissioners  to  equalize  taxation 
of  3693. 

To  provide  books  mining  recorders  for 

records  2465. 

County  recorders,  ex  officio  district  mining 
recorders  at  county-seat  2463. 

Fees    for    recording    duplicate    location 

notices  2472. 

Courts,  jurisdiction   in  actions  concerning 
321,  323. 

Jurisdiction  in  tax  suit  against  3707. 
Damages  for  extraction  of  ores  from,  how 

assessed  5509. 
Day's  labor,  number  of  hours  to  constitute 

for  assessment  purposes  2430,  2382. 
Defective  or  erroneous  original  certificate 

of   location    may  be    amended    and    an 

additional  certificate  filed  2427,  2382. 
Delinquent  coowner,  given  notice  to  con- 
tribute or  forfeit  interest  2432. 

May  contribute  within  what  time  propor- 
tionate share  of  expenses*  and  retain 
interest  2432. 

On  contributing  share  of  expenses  may 

protect  his  title  to  interest  2432. 
Department  of  mines  in  state  university  356. 
Description    millsite    must   identify   claim 

reasonable  certainty  2439. 
District  attorneys  to  enforce  statements  of 

companies  1340. 

District  court's  jurisdiction  in  cases  involv- 
ing title  or  possession  321. 
District  laws  govern  mining  corporations 

1201. 

District   mining  recorders,  represented  by 
county  recorders,  when  2463. 

To  record  mining  claims,  when  2424. 
Duplicate    copy  location  notice  recorded, 

forwarded  to  county  recorder,  when  2471, 

2464. 
Duplicate  notice  evidence  same  as  original, 

when  2473. 
Duplicate  notice  location  to  be  transmitted 

county  recorder  2469,  2382,  2435. 
Duties   of    mining   recorders,   certify   and 

transmit  copies  of  records   quarterly  to 

county  recorders,  how  2464. 
Duties  of  mining  recorders  to  record  loca- 
tion notices  2469. 
Duties  of   persons    locating   saline    lands, 

what  2448. 

Eight-hour  law  to  govern  work  in  cement 
and  plaster  mills  6559. 

Smelters,  quartz  mills  and  ore  reduction 
works  6555. 

Underground  workings  6554. 


2483 


INDEX 


Mines  and  mining 


State  laws— continued. 

Eight  hours  deemed  day's  work,  assessment 
purposes  24:'.i>,  2382. 

For  surface  men  1941,  1942. 
Eminent  domain,  right  of,  over  land  and 

water  for  work  of  and  reduction  of  ores 

5606. 

Employers'  liability  act  1915. 
Estate 'deceased  person ,  property  disposes, 

how  5982. 
Examination    books    of    assayer   allowed, 

when  ore  stolen,  by  whom,  how,  when, 

where  2484. 
Excessive  number  on  cages,  punished,  how 

4235. 
Exemption  of  veins  on  mineral  townsites 

1918. 
Expenditures   made   by  mining   company 

may  be  recovered  from  minority  owners, 

when  2476. 
Failure,  refusal  or  neglect  of  assayer  to  keep 

record    ore    or    bullion    purchased,    no 

defense  for  failure  to  keep  24Sti. 
Failure  to  provide  safety  cages  6799. 
False  or  fraudulent  statements  or  transac- 
tions  pertaining  to   ore,   how  punished 

6710. 
False  record  of  bullion  or  ore  purchased  by 

assayer,  punished,  how  LMs:>. 
Fees    i'or    mining    district    recorders,  what 

•_'ir,r,.  -_>470. 
Fees    for   recording    certificates,  proof    of 

labor  204<>. 
Fees,  proof  of  labor  on  claims  2046. 

To  be  collected  by  mining  recorders,  what 
L'ir.ii,  -J470. 

To  be  paid  county  clerks  or  justices  of 
peace  for  registering  application  or 
privilege  stockholders  to  inspect  mine, 
what,  when  L'4<»:;. 

Fees  of  county  recorders  recording  dupli- 
cate notices  location,  what  2472. 
Form  and  posting  notice  of  location  mining 

claim  LM±.'. 
Grants  of  land  made  by  United  States  to 

Nevada  reserve  mineral  land  2456. 
Grubstake  contracts  or  prospectors'  agree- 
ments, evidence,  when  2475. 

Must  be  acknowledged  and  recorded  2475. 

Must  be  recorded  or  void,  when  iM7-">. 
Homestead  laws,  miners  to  receive  benefit 

of  3126. 
Hoists  to  be  operated  by  licensed  engineers, 

when  3904. 

Injunction  to  issue  against  purchase  or  re- 
moval of  ore  in  dispute,  how,  when  2489. 
Improvements  on  land  may  be  condemned 

for  mining  purposes  2456,  5606-5629. 
Inspection  of  mine  by  stockholder  having 

certain  amount  stock  allowed,  how,  when 

2492,  2495. 

Inspector  act,  noncompliance  with  4238. 
Inspector  of  mines,  duties,  qualifications, 

salary,  elected,  how  4198-4238. 
Joint  tenants  and  others  interested  in  min- 
ing property,  may  be  made  defendants  in 

suit,  how,  when  2478. 
Justice  of  peace  authorized  to  give  order 

for  admission   to  mine  to  stockholder, 

when  2495. 


State  laws— continued. 
Justice  of  peace  or  county  clerk  authorized 
give  permission  stockholder  to  examine 
mine,  when  2492. 
Ladders  and   landings,  regulations    as  to 

4216. 

Land  and  improvements  may  be  con- 
demned for  mining  purposes/when  2456, 
5606-5629. 

Lands  cannot  be  taken  for  mining  purposes 
unless  full  compensation  made  owner  for 
improvements  2456. 
Legislature  to  encourage  improvements  in 

368. 
Lien  attaches  to,  for  nonpayment  of  taxes 

3688. 

Lien,  mining  company  has  for  expenditures 
on   mining  property  against  partners  or 
interested  parties  2481. 
Liens  for  labor  and  material,  when  2213. 
Limitation  of  actions  for  recovery  of  4951. 
List  of  mining  companies,  delinquent,  as- 
sessor to  make  3699. 
Location  blind  lode  discovered  in  running 

tunnel,  made  how  2381,2443. 
Location    certificate  properly  recorded  or 
copy  duly  certified  prima  facie  evidence, 
when  2-t:ir>,  2469-2473. 

Location  notice,  antedating  prohibited  6675. 
Claiming  more  than  one  claim, void,  when 

2433. 

Contain,  what  2424,  2422. 
Millsite,  contain,  what  2437. 
Millsite,  to  be  recorded,  when,  where  2438. 
Millsite,  void,  when  2439. 
Must  not  attempt  location  more  than  one 

claim  2433. 

Of  tunnel,  contain,  what  2440,  2381. 
Placer   claim    contain,   what,    recorded, 

where  2435,  2469-2473. 
Recorded,  where,  when,  with  whom  2424. 
Recorded,  when  and  where  2442. 
Location,  or  record  of  vein  or  lode  claim, 

includes  what  ground  2425. 
Out   of   district,    recorded    with    county 

recorder  2472. 

Placer  claim  made,  how  2434,  2387,  2389. 
Saline  land  made,  how,  acreage  allowed 

2447,  2392. 
Saline  land  made  prior  1865,  ratified,  how 

2449. 

Work  on  placer  claim  must  be  done, 
when,  how  much  required  2435,  2469- 
2473. 

Work  required  locate  mining  claim  2423. 
Locator   mining   claim,    number   of   days 
allowed   to   complete    location    work, 
what  2423. 

Entitled  receipt  recorder  for  filing  loca- 
tion certificate  2451. 

May  locate  mineral  deposit  on  private  land 
and  acquire  title,  proceedings  2459,  2460, 

2461,  5606-5629. 

Metal-bearing  ores,  specimens  exempt  from 

execution  5822-5824. 
Method  of  proceeding  to  acquire  title  private 

lands  for  mining  purposes  2459,  2460, 2461, 

2462,  5606-5629. 

Mill  company  to  give  assessor  access  to 
books  3694. 


Mines  and  mining 


INDEX 


2484 


State  laws— continued. 

Mill  locations,  annual  labor  recorded  2435, 
2438,2442,2446, 2448, 2451, 2463, 2469, 2473. 

Mill  owner  to  keep  account  of  ores,  how 
3694. 

Millsite  location    notice,   to   be   recorded, 

when,  where  2438. 
Void,  when  2439. 

Millsite,  who  may  locate, dimensions  thereof, 
what  2436,  2499. 

Mill,  tunnel  locations, annual  labor  to  record 
2451,2463,2469, 2473, 2424, 2431, 2435, 2438, 
2442,  2446,  2448. 

Mine  owner  liable  death  employee  5650-5652. 

Mineral  cabinets  exempt  from  execution, 
when  5822-5824. 

Mineral  deposits  on  unfenced  land  and 
unoccupied  land,  held  in  private  owner- 
ship, may  be  located  and  prospected, 
when  2459-2462,  5606-5629. 

Mineral  land  commissioner,  attorney-gen- 
eral ex  officio  commissioner  4146. 

Mineral  lands  may  be  entered  for  prospect- 
ing by  citizens  of  United  States  or  person 
having  declared  intention  to  become  such 
2456. 

Mineral  lands  not  liable  to  entry  under 
homestead  act  3128. 

Mineral  townships,  state  lands  in,  to  be  ad- 
vertised before  sale  3219. 

Mineral  vein  claimant  on  federal  townsite 
not  to  claim  surface  ground  1978. 

Miners  to  receive  benefit  of  homestead  laws 
3126. 

Mining  claim,  boundaries  of,  how  and  when 

defined  2423. 

Character  work  required  to  locate  2423. 
Validly  located,  possesses  what  ground 

and  rights  to  veins  and  ledges  2425. 
Who  may  locate  2422. 

Mining  company,  may  sue  minority  owners 

for  expenditures,  when  2476. 
Report  to  assessor  3695. 

Mining    corporation,  may   become    stock- 
holder in  tunnel  company  1202. 
May  consolidate  1216-1218. 
Report  annually  to  attorney-general  and 
county  recorder  1330-1340. 

Mining  district  recorders,  duty  to  transmit 
copy  records  to  county  recorders  quar- 
terly 2464-2469. 
Fees,  what  2466,  2470. 
Supplied  books  by  county  commissioners 

2465. 
Violating  duties,  penalized,  how  2455. 

Mining  for  certain  minerals  declared  para- 
mount interest  and  to  be  a  public  use 
2456. 

Mining  inspector,  duties,  qualifications, 
salary,  elected,  how  4198-4238. 

Mining  recorders,  duties  defined  2469. 
Fees  2466,  2470. 
Forward  duplicate  copy  location  recorded 

to  county  recorder,  when  2464,  2471. 
Procure  seal,  contain  what  2453. 
Minors  over  18  may  convey  mining  prop- 
erty 1104. 
Minority  owners  mining  ground  may  be  sued 

for  expenditures,  when  2476. 
Mode  of  levying  taxes  on  3687. 


State  laws — continued. 
Money  expended  or  indebtedness  assumed 

by  corporation  for  mining  purposes,  how 

borne  by  those  interested  2477. 
Mortgage  on  claims,  rights  of  mortgagee 

1091. 
Name,  dimensions,  date  location    mining 

claim  made,  how  2424. 
Net  proceeds,  defined  3687. 
Net  proceeds  of,  taxed,  how  3687-3689. 
New  boundaries  relocating  abandoned  min- 
ing claims  made,  how  2428,  2382. 
Notice  location  millsite,  contain  what  2437. 

Void,  when  2439. 

Notice  location,  form  of,  contain  what  2422- 
2424. 

Must  only  claim  one  location  else  void, 
when  2433. 

Placer  claim  recorded,  how,  when,  where, 
what  to  contain  2435,  2469-2473. 

Tunnel  recorded,  how,  when,  where  2442. 
Notice  to  delinquent  coowner,  given,  how, 
when,  effect  of,  served,  how  2432. 

Must  be  filed  when,  where,  served  how 

2432. 
Notice  to  prospective  purchaser  of  ore,  puts 

purchaser  at  his  peril  2489. 
Oath  must  be  made  by  stockholder  that  he 

is  owner  of  stock  certificate  when  apply- 
ing to  inspect  mine  2494. 
Oath  to  be  taken   by  stockholder  before 

county  clerk  or  justice  of  peace  for  privi- 
lege inspect  mine  2493. 
Open  cut,  hours  of  labor  in  6557,  6558. 
Operators  of  companies    furnish    assessor 

with  statement  property  3690. 
Order  for  admission  to  mine  given  stock- 
holder by  justice  of  peace  or  by  county 

clerk,  when  2495. 

Order  for  underground  survey  5511. 
Ore  on  mining  claim  is  deemed  property  of 

possessor  thereof,  when  2487. 
Ore  stolen,  how  recovered,  procedure  2484. 
Ores,  assessed  for  taxes  3687. 

False  or  fraudulent  statements  or  trans- 
actions pertaining  to,  forbidden  6710. 

Substituting  or  changing  value  of,  for- 
bidden 6710. 

Owner  of  tunnel,  rights  of  2381. 
Owner  refusing  inspection  books  to-bullion 

tax  agent  4246. 
Owner  vein,  lode  claim  or  mine,  quartz  mill 

or  reduction  works  may  locate  millsite 

2436,  2499. 

Partition  of  mines  5576,  et  seq. 
Patented  and  unpatented  claims  assessed, 

how,  352. 
Payment    of   taxes   on,   receipted    for   by 

assessor  3701. 

Penalty,  coowner  to  deliverto  delinquent  ac- 
knowledgment of  delinquent's  paid-up 
share  expenses,  what  2432. 

Failure  to  comply  with  recording  mining 
records,  what  2468. 

Mining  superintendent  to  refuse  admis- 
sion to  mine  or  stockholder,  what,  when 
2496. 

Neglecting   or  refusing    record   location 

notice  or  mining  records  2474. 
Perjury  mining  company  to  furnish  false 

statement  to  assessor  2424,  3690. 


2485 


INDEX 


Mines  and  mining 


State  laws— continued. 

Possessor  of  mineral  vein  may  receive 
patent  for  vein  and  surface  ground  on 
federal  townsite  1978. 

Possessor  of  mining  claim  deemed  owner 
of  ore  2487. 

Possessory  claim,  mortgage  on  1090. 

Presumption,  as  to  value  of  ore  extracted 
from  mine  5509. 

Proceeds  of,  how  taxed  3689, 3690, 4240-41'  IS. 

Proceeds  of,  taxes  delinquent  on,  action  for 
brought  how,  by  whom  3707-3709. 

Proof  of  labor,  certificate  of,  fee  for  filing 
2046. 

Property,    deceased    person    disposed   of, 

how  5982. 
Mining    company   sold    for   taxes,   title 

vests,  how  and  when  3700. 
Of  miner,  exempt  from  execution,  what 

5288. 
Sold  for  taxes  3700. 

Prospecting  agreements  or  grubstake  con- 
tracts must  be  recorded  2475. 

Prospector  may  enter  state  and  upon  private 
lands  in  search  of  minerals,  when  3226, 
2458,  2456,  5606-5629. 

Prospector  may  enter  and  work  mine  on 
public  lands  3226,  2456,  2458,  2459. 

Prospector's  tools,  cabin,  horses  and  cer- 
tain other  property  exempt  from  execu- 
tion 5288. 

Public  use,  mining  for  certain  minerals 
declared  to  be  2450. 

Purchaser  of  ore  in  good  faith  deemed 
owner,  when  2488. 

Purchaser  of  ore  responsible  to  real  owner, 
how,  when  2491. 

Receipt  recorder  to  locator  of  filing  cer- 
tificate location  deemed  prima  facie  evi- 
dence filing  2452. 

Record,  false,  as  to  keeping  account  of  ore 
or  bullion  purchased,  punished,  how 
2485. 
Location  lode  mining  claim,  must  contain 

what  2424. 
Must  be  kept  by  assayers  of  bullion  and 

ore  purchasers,  contain  what  2483. 
Relocated  abandoned  lode  mining  claim, 

contain  what,  2428,  2382. 
Relocation  work  abandoned  lode  mining 

claim,  contain  what  2382,  2428. 
Tunnel  right  or  location  void,  when  2424. 

Records,  impart  notice,  evidence  1635,  1636. 

Records  or  copies  mining  claim  certified, 
introduced  as  evidence,  when  2467. 

Records  or  copies  of  U.  S.  land  patent, 
when  admissible  in  evidence  5415. 

Recorder  to  give  receipt  for  location  certifi- 
cate, when,  contain  what  2451. 

Recording  of   location  notice,  where  filed 
2424. 

Reduction  works,  ore  sold  at,  works  pre- 
ferred lien  upon  bullion  5492. 

Registration  of  application  for  and  privi- 
lege granted  stockholder  to  inspect  mine 
to  be  kept  by  county  clerk  or  justice  of 
the  peace,  how,  when  2493. 

Relocation  abandoned  lode  claim  made, 
how  2382,  2428. 

Relocation  mining  claim  cannot  interfere 
with  existing  rights  2382,  2427. 


State  laws— continued. 

Relocation  saline  lands,  when  may  be  made 
2450. 

Right  of  eminent  domain  over  land  and 
water  for,  and  reduction  of  ores  5606. 

Right  of  way  for  ditches  and  canals  2401, 
2417. 

Right  to  follow  vein  or  ledge  matter,  defined 
2425. 

Rules  not  affected  by  act  1091. 

Safety  appliances  in  6799. 

Sale  of  mining  property  resulting  from  judg- 
ment obtained  by  mining  company  for 
expenditures  against  interested  parties 
absolute,  when  2482. 

Sale  of  property,  assessor  to  receive  mile- 
age 3700,  3037. 

Saline  land,  location  of,  made  how  and  title 

perfected  2447-2450. 
Must  be   surveyed   by  whom    and   plat 

recorded,  when  and  where  2448. 
Subject  to  location,  when  2450. 
Who  may  locate,  how  many  acres  2447, 
2399 

School  established  356,  4639,  4656. 

Seal  mining  recorder  exempt  from  execu- 
tion, contain  what  2453. 

Smelting  company  furnish  assessor  with 
statement  3694. 

State  bullion  tax  agent,  may  inspect  books 
of  company  4244,  4246. 

State,  disclaims  interest  in  mineral  lands 
2457. 

State  lands,  mines  discovered  in,  may  be 
worked  3226. 

Stock  certificate  to  be  presented  under  oath 
to  justice  of  peace  or  county  clerk  when 
applying  privilege  examine  mine  2494. 

Stockholder  owning  certain  amount  stock 
in  mines  entitled  to  inspect  mine,  how, 
when  2492,  2495. 

Stolen  ore,  recovered,  how,  procedure  2484. 

Substituting  or  changing  value  of  ore  6710. 

Suit  against  companies,  collection  of  taxes, 
when,  prosecuted,  how  3700-3709. 

Suit,  where  to  be  brought  by  mining  com- 
pany against  partners  for  expenditure 
2480. 

Summons  in  suit  by  mining  corporation 
against  parties  interested  in  mining  prop- 
erty contain,  what  2479. 

Summons,  service  of,  in  suit  by  corporation 
against  partners  for  expenditures,  how 
served,  where,  when  2480. 

Surface  rights  on  federal  townsites  1978. 

Survey  and  certificate  surveyor-general  be- 
comes part  of  record  and  evidence  2429. 

Survey  saline  land  must  be  made  by  whom, 
when,  where  filed  2448. 

Survey,  underground,  application,  how 
made,  in  action  for  trespass  on  mine  5511. 

Tailings,  eminent  domain  may  be  used  for 
deposit  of  5606. 

Taxes  on  proceeds  3699. 

Taxation  of  mining  property,  ore  and  mills. 
See  Revenue. 

Taxation  of  patented  mines  (Const,  as 
amended)  352. 

Timber  for,  and  other  purposes  2414. 

Time  annual  work  required  to  be  done  on 
unpatented  claims  2430,  2382. 


Mines  and  mining: 


INDEX 


2486 


State  laws— continued. 
Time  from  date  location  when  saline  land 

must  be  surveyed  2448. 
Time,  period  of,  when  saline  land  deemed 
abandoned  and  subject  relocation  2450. 
Time  required  within  which  notice  delin- 
quent coowner  must  be  served  and  pub- 
lished 2432. 

Time  when  stockholder  owning  certain 
amount  stock  in  mine  may  inspect  mine 
2492. 

Time  within  which   action   for    injunction 
and  recovery  of  ore  in  dispute  may  be 
commenced  2489. 
Time,   affidavit    annual    assessment   work 

must  be  tiled  2431,  2445. 
Delinquent  coowner  may  contribute  share 

and  redeem  interest  2432. 
Location  notice,  millsite  must  be  recorded 

2438. 

Location  notice  must  be  filed  2424. 
Location  work  must  be  done  2423. 
Location  work  on  placer  claim  must  be 

done  2435. 
Locator   of   tunnel   right    must    record 

notice  location  2442. 

Mining  corporation  must  notify  parties 
interested  in  mining  claim  before,  can 
sue  for  expenditures  advanced  2478. 
Title,  acquired  to  private  lands  for  mining 
purposes,  proceedings  2459,  2460,  2461, 
5606-5629. 

Cannot  be  acquired  under  federal  town- 
site  law  to  1965. 

Mine    must    be    obtained    from    United 
States   under  laws  of  Congress  2457, 
2407. 
Town  lots  on  federal  'townsites  subject  to 

1078. 
Townsite  lots  subject  to  recognized  veins 

1960. 

Townsites  on  mineral  land  1978,2392,2418. 
Tools  and  other  property  of  miner,  when 

exempt  from  execution  5288. 
Transferred  same  as  other  real  estate  1100- 

1102. 

Trespass,  measure  of  damages  for  extrac- 
tion of  ore  from  mine  5509. 
Trespass,  on  mine,  application  for  under- 
ground survey  5511. 
Tunnel  locations,  annual  labor  to  record 

2442,  2446,  2448. 
Tunnel  right,  boundary,  how  marked  and 

made  2441. 

How  located  2440,  2381. 
Size  of  claim  allowed  2441 . 
Underground,  hours  of  labor  6554,  6556. 
Underground  survey,  application  for  when 

mining  property  trespassed  5511. 
United  States  deputy  mineral  surveyor  may 
establish  boundaries  or  corners  of  claims, 
how,  and  when  2429. 
United   States   laws   relating  to,  schedule 

3063. 

United  States  laws  relating  to  land  sched- 
ule 3063. 

Unpatented  property  exempt  from  taxa- 
tion 3621. 

Using  metal  tamping  bar  in  4212. 
Value  of  private  land  taken  for  mining  pur- 
poses based,  how  2462,  5606-5629. 


State  laws — continued. 

Vein  or  ledge  cannot  be  followed  beyond 
end  lines,  when  2425-2426. 

Vein  or  ledge  may  be  followed  beyond  side 
lines,  how,  when  2425,  2380. 

Violation  of  duties  by  mining  district  re- 
corder punished,  ho"w  2455. 

Wages,  miner  has  preferred  claim  for,  when 
5493,  5494. 

Water  for  purposes  of,  right  of  way  for 
ditches  2401,  3149,  3182. 

Work  required  of  relocator  abandoned  lode 
claims  2428,  2382. 

Who  may  locate  mining  claim  2422,  2377. 

Mining  inspector  4198-4239. 
Accident,  deputy,  report  to  make  on  4207. 

Inquests,  to  attend  4207. 

Investigation  4207. 

Mine  owner  or  operator  to  notify  4207. 

Statement  to  be  furnished  4207." 
Action,     penalty    recovered,    commenced 

when  4205. 
Attorney-general,  inspector  to  notify,  when 

4205.  * 

Bell  signals,  official  code  of  4236. 
Boilers,  examination  and  report  4228. 
Bond  required  4199. 
Buildings  over  shaft  or  at  mouth  of  tunnel, 

regulations  4224-4225. 
Bulkhead,  near  collar  of  shaft  4217. 
Cage,  loaded,  special  signals  4215. 

Number  allowed  on,  notice  of  to  be  posted 
4235. 

Other  safety  appliances,  to  have  4222. 

Overloading  unlawful,  penalty  4235. 

To  be  encased  4222. 

Certain  mines,  act  not  applicable  to  4209. 
Code  of  signals,  to  establish  4201. 
Complainant    may    close    workings,   when 

4204. 

Complainant,  not  to  be  divulged,  when  4204. 
Complaints,  copy  to  be  served  on  owner 4204. 
Dead  timber  to  be  taken  away  4213. 
Deputy,  may  appoint,  salary  4206. 

Qualifications  4200. 

Double  compartment  shafts,  when  4216. 
Duties,  entire  time  to  be  given  to  4200. 
Duty  to  visit  and  examine  mines  4201. 
Election  of  4210. 

Employment,  solitary,  regulated  4232. 
Engineer  on  duty  at  all  times,  when  4233. 
Exit,  precautions"  in  sinking  shaft  4220. 
Expenses,  how  paid  4199. 
Explosives,  regulations  as  to  use  of  4211. 
Gasoline,  forbidden  underground  4219. 
Governor  to  report  to  4208. 
Hoisting  during  repairs,  prohibited,  except 

4229. 
Hoisting  machinery,  indicator  must  be  used 

4214. 

Hoisting  ropes,  factor  of  safety  established 
4226. 

Iron  or  steel,  when  4226. 
Indicator,  how  placed  4214. 
Inflammable  material  near  shaft  4224. 
Investigations,  full  power  to  make  4202. 
Investigations  of  complaints,  to  make  4204. 
Iron  tamping  bar,  use  forbidden,  penalty 

4212. 
Ladders  and  landings,  regulations  as  to  4216. 


2487 


INDEX 


Misdemeanor 


Mining  inspector — continued. 

Loaded  cages  or  buckets,  riding  upon,  pro- 
hibited, except  4215. 

Metal  tamping  bar  prohibited,  penalty  4212. 
Mine,  exit,  signboards,  when  4218. 
Mine  owner,  neglect  of,  attorney-general  to 

be  notified  4205. 
Mine  owner  or  operator  to  notify,  in  case 

of  accident  4207. 

Mine  owner  or  operator  to  report  to  inspec- 
tor 4203. 

Neglect  of  mine  owner  to  notify  attorney- 
general  4205. 

Noncompliance  with  act,  penalty  4238. 
Oath  of  inspector,  form  4200. 
Office  created  4198. 
Office  to  be  provided  at  capitol  420-">. 
Penalty  recovered,  paid  into  school    fund 

1206. 

Qualifications  of  4200. 
Records  to  be  preserved  4203. 
Regulations,  tamping  bars,  wooden  to  be 

used  4212. 

Report  to  governor,  contents  of  4208. 
Reports  to  make  4200. 
Riding  on  cable  or  bail  unlawful  4234. 
Ropes  or  cables,  regulations  42'J7 . 
Saloons,  wages  of  miners,  not  to  be -paid 

in  423<>. 
Shafts,  bulkhead  or  trap-door  near  collar 

of,  when  4217. 
Shaft,  exit  from  below,  how  421, . 

How  equipped  4217. 

Inflammable  material  to  be  kept  30  feet 
from  4224. 

Stoping  up  to,  or  near  prohibited  until 
4±.>3. 

Structure  not  to  be  erected  over,  except 
4224. 

To  have  two  compartments,  when  4216. 
Signals,  additional,  maybe  used,  when  4236. 

Code  of,  to  be  posted  42.'!<>. 
Smoke  helmets,  design  and  inspection  of 

4237. 

Solitary  employment,  regulated  4232. 
Special  oath  4200. 
Specimens,  school  of  mines,  to  furnish  to 

4201. 

Statistics  and  exhibits,  to  collect  4201. 
Stations  and  winzes,  guard  rails,  to  have 

4221, 

Stoping  near  shaft,  forbidden  4223. 
Tarn  ping  bar,  other  than  wood,  penalty  4212. 
Term  of  office  4199,  4229. 
Trap-door,  near  collar  of  shaft  4217. 
Tunnels,    building      at     mouth     of,   door 
arranged  4225. 

Exit  to  surface  4225. 
Ventilation  must  be  maintained  4231. 
Wages,  not  to  be  paid  in  liquor  houses  4230. 
Warrants,  how  paid  4210. 
Winzes  to  be  protected  4221. 
Ministers  authorized  to  marry,  record  to  keep, 

how  2340. 

Ministers,  chaplains  of  legislature  4119. 
Ministers,  services  at  prison  to  hold  7576. 
Minor.     See  Children,  Guardians,  Adoption, 

Civil  Practice. 

Action  for  death  or  injury  to  4996. 
Allowing  in  pool  or  billiard  rooms  without 

consent  6506. 


Minor— continued, 

Application  fortownsite  lot  made  by  guar- 
dian 1983. 

Apprentices  482-497. 

Attorney  for  creditors  and  heirs  5990. 

Certain  employments  or  exhibitions  of,  un- 
lawful 6505,6823,6824. 

Children,  rights  under    federal  homestead 
law  3130,  3131. 

Consent  of-  parents  required  for  marriage 
2839. 

Criminal  proceedings  against  741. 

Decoying,  enticing  or  inducing  to  go  into 
or  visit  houses  of  prostitution  6445. 

District   court,  jurisdiction    of,   and    their 
estates  321,4849,4850. 

District  judge  to  permit  employment  of  6824. 

Employing  as  barkeeper  6506. 

Estate  of,  district  court  has  jurisdiction  over 
321,  4849,4850. 

Executor  may  be,  when  5888. 

Exhibiting  obscene  literature,  or  permitting 
to  sell  same  Mill. 

Falsely  representing  age  to  procure  liquor 
6506. 

Fines  and  taxes  imposed  on  4063. 

Guardian  of,  general  act  concerning  6149- 

8201. 
Named  in  will  6150. 

Jurisdiction  of  estate  4840,  4849,  321 . 

Letters  testamentary  to  5888. 

Limitation  of  time  for  conveyance  townsite 
lot  not  to  apply  to  1987. 

Limitations,  disability  effect  on  4965-4966. 

Local  or  special  law  for  sale  of  real  estate 
of,  invalid  278. 

Over   eighteen    may  convey  mining  prop- 
erty, when  1104. 

Parents'  consent  required  for  marriage  2339. 

Permitting  in  saloon  or  resort  where  liquors 
are  sold  6842,  6843. 

Sale  of  tobacco  to  (3502. 

Selling  or  giving  cigarettes  or  papers  to  3874, 
3875. 

Service  of  summons  on  5023. 

Use  of  firearms  by  6610. 
Minutes  of  court,  when  motion  for  new  trial 

may  be  made  upon  5321. 
Misapplication  of  funds,  how  punished  648. 
Misappropriation  of   funds  or  securities,  or 

other  malfeasance  or  misfeasance  in  office, 

city  treasurer  punished,  how  6660,648. 
Misbranding  of  foods,  drugs  or  liquors,  pro- 
hibited 3486.     See  Pure  Food  Law,  Board 

of  Pharmacy. 

Miscarriage,  selling  drugs  to  produce,  penalty 
6448,  6449. 

Woman  attempting  to  produce,  penalty6405. 
Miscegenation  prohibited,  penalty  6512,  6515. 
Misconduct,  commissioner  of  deeds,  penalty 

2029. 
Misconduct  of  officer  drawing  or  in  charge  of 

jury,  penalty  6325,  6327. 
Misdemeanor,  defined  6266. 

Punishment,  when  not  fixed  6285,  6286. 

In  office,  for  refusal  to  obey  writ  of  man- 
damus 5707. 

Justice's  court,  jurisdiction  4851. 

To  perform  prohibited  act  6288. 

Trial  of  7470,  et  seq. 

Violation  of  fee  act  2023. 


Misprision  of  treason 


INDEX 


2488 


Misprision  of  treason,  what,  penalty  6310. 

Misrepresentation,  if  workmen  caused  to 
change  place  of  employment  by,  may  have 
action  for  damages  1938. 

Mistakes  in  pleadings  5080-5086,  5742.  See 
Civil  Practice. 

Mistress,  proceedings  against,  to  determine 
whether  breach  of  contract  of  apprentice- 
ship 491. 

Mob  or  unlawful  assemblage  dispersed  by 
militia,  when  4058. 

Modification,  of  judgment,  order  or  proceed- 
ing in  district  court  not  to  be  made  unless 
upon  notice  within  six  months,  rule  xlv,  p. 
1431. 

Money,  and    interest    2497-2501.     See    Civil 

Practice. 

Accounts  not  vitiated  2498. 
Bank  notes,  except  federal  currency,  not 

to  circulate  as  343. 

Bonds,  official,  and  obligations  of  debt  pay- 
able in  legal  money,  what  2501. 
Interest  and  money  2497-2500. 
Interest,  legal  rate  defined  2499. 
Interest,  rate  may  be  agreed  to,  how  2500. 
Legal  interest  rate  seven  per  cent  2499. 
Money  of  account,  what  2497. 
Official  bonds  and  obligations  of  debt  pay- 
able in  legal  money  2501. 
Principal  only  to  draw  interest  after  judg- 
ment 2500,  5271. 

Public,  statement  of,  to  be  published  277. 
Rate  of  interest  may  be  agreed  to  between 

parties  2500. 

Eate  of  legal  interest,  what  2499. 
State  not  to  coin  137. 

State  treasury,  not  to  be  drawn  from  except 
on  appropriation  277. 

Mongolian  labor  on  reclamation  lands  forbid- 
den, when  3101.  See  Chinese. 

Mongolians,  act  relating  to  adoption  of  child- 
ren does  not  apply  5834. 

Mongolians  or  Chinese  not  to  be  employed  on 
public  works,  when  3483-3485. 

Monte,  game  of  prohibited,  penalty  6518. 

"Month"  means  calendar  month  unless  other- 
wise expressed  5475. 

Moral  improvement  to  be  encouraged  by  legis- 
lature 353. 

Mortality  tables.     See  Appendix,  p.  2114. 

Mother,  consent  of  on  adoption  of  children 
5828. 

Mother,  may  be  witness  in  action  to  deter- 
mine paternity  of  illegitimate  child  765. 

Mother,  when  entitled  to  damages  for  death 
by  wrongful  act  5648. 

Mother,  when  may  sue  for  seduction  of 
daughter  4995. 

Mortgage.     See  Civil  Practice,  Revenue. 
Assessed  how  3786,  3790.     [These  sections 

repealed  by  special  session  of  1912.] 
Chattel,  statute  of  frauds  affects,  how  1080. 
Claim  against  estate,  when  5967. 
Conveyance  not  deemed,  whatever  terms 

5518. 

Debts  and  mortgages  assessed,  how  3788. 
Discharged,  how  1049-1052. 
Estate,  how  mortgaged  6146. 
Exemption  of  homestead  from  288,  2143. 
Failure  to  discharge,  penalty  1052. 


v  Mortgage — continued. 

False  swearing  as  to  satisfaction  of  3755, 

3756. 

Foreclosure  of  5501-5503. 
Growing  crop  on  1080. 
Guardian  not  to  mortgage  property  6165. 
Homestead,  husband  and  wife  to  join  in 

giving  on  288. 
Injury  during    foreclosure    enjoined  5519, 

5520. 

Lien  on  property,  form  of  claim  for  5967. 
Liens  and  mortgages  discharged,  how  1049- 

1051,  3756. 

Lis  pendens,  in  action  regarding  5021. 
I  Not  a  revocation,  when  6214. 
u Owner  of,  for  purposes  of  taxation  3787. 
Payment  of  6053. 
Personal  property,  how  1080. 

Selling  or  removing  with  intent  to  defraud 

6697-6700. 
Possession  mortgaged  property,  who  deemed 

owner  3631. 

Possessory  claim,  mortgage  on  1090. 
Recorder,  duties  as  to  3789. 
To  furnish  list  of,  to  board  of  equalization 

3638. 

Records  of  chattel  mortgages,  book  of,  re- 
corder to  keep  1080. 
Report   of,    must   be    made   to    board    of 

equalization  3638. 

Satisfaction  of,  false  affidavit  3755,  6014. 
Tax  law  of  1911,  sections  3786-3790  repealed 

by  special  session  of  1912. 
Motions  and  orders  4843,  5202,  5328,  5362-5366, 
5702,  5757,  rules  vii,  x,  xi,  xii,  pp.  1427, 1430. 
See  Civil  Practice. 
Motto  of  state  4402. 
Mountain  lion,  bounty  for  718-722. 
Municipal    corporations.     See    City,    Town, 

Civil  Practice. 
Funds  not  to  be  used  for  sectarian  purposes 

362. 

May  be  formed  under  special  act  338. 
Officers  to  make  provision  for  support  of  405 . 
Prohibitions  against  becoming  stockholder 

or  loaning  credit  347. 
Municipal    courts   316-324.     See    Recorder's 

Court  4853-4860,  Civil  Practice. 
Appeals  from  837. 
Court  of  justice  316,  4828. 
Created  by  legislative  act  324. 
Dockets  kept,  how  835. 
Establishment  and  jurisdiction  324. 
Jurisdiction  and  powers  832,  835. 
Legislature  may  establish  316. 
Practice  and  procedure  832. 
Police  judge  to  preside  over  831. 
Warrants  run  to  whom  838. 
Municipal    corporations,    property    exempt 

3621. 
Municipal  funds  not  to  be  used  for  sectarian 

purposes  362. 

Municipal  improvements,  bonds  for  991-998. 
Indebtedness,  unlawful  voting  for  981. 
Officers,  refusing  inspection  of  finances  983. 
Tax,  excessive,  voting  for  976. 
Municipal  fine,  district  court  has  jurisdiction 
of  cases  involving  321,  5721.   See  Civil  Prac- 
tice. 

Municipality,  may    have    contract    declared 
void  if  public  officer  interested  2829. 


2489 


INDEX 


Naturalization 


Municipality,  need  not  give  undertaking  on 

appeal  5346.  . 

Murder,  assault  with  intent  to  commit  6413. 
Death  by  dueling  deemed  64i)i). 
Defined  6384,  6389. 
Degrees  of  6386. 
Perpetrated  by  arson  6625. 
Reward  offered  by  governor,  certain  cases 

L'*:JI,  3905-3907. 
Statute  of  limitations  does  not  run  against 

6921. 

Trial,  burden  of  proof  7174. 
While  attempting  to  escape  6819. 
Music  teachers,  libraries  and  certain  property 

of,  exempt  from  execution  5288. 
Mutual  fire  insurance  company,  violation  of 
act,  punished,  how    1290,  1295,  1298.     See 
Corporations. 

N 

Names  and  emblems  2502-2505. 
Changing  names  of  individuals,  procedure 

53.35-5337. 

Corporation,  society,  association    first  ac- 
quiring name  entitled  to  2502. 
Emblems  and  names  2502-2505. 
Injunction    may  issue    restraining  parties 
attempting  use  or  acquire  society  name 

Insignia  or   badge  society  or  corporation 

illegal,  when  2~>o:{. 
Name  acquired  first  by  corporation,  society, 

association,  belongs  to  it,  when  2502. 
Name  of  incorporated  society  or  association, 
unlawful  to  use  without  authority,  when 
2502,  67  W-15717. 
Name   of   individual    changed,   procedure 

5335-6337. 

Penalty  for  using  name  or  wearing  insignia 
of  society  or  corporation,  illegal,  when 
2505,  6716-6717. 
Special  or  local  law  for  change  of  names, 

invalid  27S. 

Unlawful    to    use    name   of    incorporated 
society  or   association  without  authority 
2502,  6716-6717. 
Wearing   insignia   society   or    corporation 

illegal,  when  2503. 
Names  of  individuals  changed,  how  5835-5837. 

See  Civil  Practice. 
Special  or  local  law  for  changing  of,  invalid 

278. 
Narcotic  drug,  physician  or  surgeon   under 

influence  of,  causing  death  6410. 
Sale  of  without  prescription  6543,  6544.  See 

Board  of  Pharmacy. 

Narrow-gage  railroads.     See  Railroads,  Rail- 
road Commission. 
National  bank,  may  become  state  bank,  how 

652. 

National  convention,  delegates  to,  when  and 
where  elected  1737,  1760,  1834.     See  Elec- 
tions, and  see  Statutes  1883,  p.  28,  Cutting's 
Compiled  Laws,  sees.  1678-1692,  continued 
in  force  by  Revised  Laws,  sec.  1737. 
Natural  gas  wells,  bounties  for  702-717. 
National  guard  3965-4086.     See  State  Militia. 
Naturalization  2506-2544. 

Affidavit  to  petition  for  naturalization,  form 

of  2540. 

Affidavit,  witnesses  to  petition  for  naturali- 
zation, form  of  2540. 


Naturalization — continued. 
Alien  arriving  entitled  certificate  registra- 
tion from  secretary  commerce  and  labor, 
when  2514. 

Alien  desiring  to  become  admitted  to  citi- 
zenship, procedure  2517. 
Alien  enemies  not  allowed  to  become  nat- 
uralized, when  2508. 
Alien  enemies  prohibited,  when  2508. 
Alien  enlisted  armies  United  States,  honor- 
ably discharged  exempt,  certain  formali- 
ties to  become  naturalized  2506. 
Alien  honorably  discharged  from  service  in 
navy  or  marine  corps  admitted  to  citizen- 
ship, how,  when  2511. 
Alien  of  African  nativity  and  descent,  hon- 
orably discharged,  entitled  same  naturali- 
zation privileges  as  others  2507. 
Alien  seaman  of  merchant  vessel   United 
States  accorded  certain  privileges  to  be- 
come naturalized,  what  2509. 
Anarchists  and  polygamists  disqualified  to 

become  citizens  2520. 
Appropriation  carrying  out  naturalization 

laws,  what  2542.  " 

Bureau  of  immigration  and  naturalization 

established,  purposes  defined  2514-2544. 

Certificate     of     naturalization     defective, 

deemed  valid,  when  2512. 
Certificate  of  naturalization,  form  of  2540. 
Certificate  of   registration  given  aliens  by 
secretary  commerce  and  labor,  contain 
what  2514. 

Certificates  defective,  validated,  how  2512. 
Chinese  cannot  be  naturalized,  when  2510. 
Citizenship  procedure  to  acquire,  what  2517, 

2506-2544. 

Clerk  of  court,  duty  in  naturalization  pro- 
ceeding, what  2525. 
Congress  to  regulate  114. 
Copies  of  certified  naturalization    records 

admissible  in  evidence,  when  2541. 
Counterfeiting    certificates    of    citizenship 

punishable,  how  2530. 
Courts  having  jurisdiction    to   naturalize, 

what  2516. 
Declaration  of  intention  and  naturalization 

certificates,  kept  where  2525. 
Declaration  of  intention    and    petition   to 
become  citizen,  bound  and  indexed  2527. 
Declaration    of  intention,  become  citizen, 

form  of,  contain  what  2540. 
Declaration    of  intention,  become  citizen, 
not   required   of   honorably    discharged 
soldier,  when  2506. 
Decrees  set  aside,  procedure  2528. 
Defective    naturalization    certificate    vali- 
dated, how,  when  2512. 
Deposition,  when  may  be  used  as  proof, 

proceedings  2523. 
Duty,  secretary  commerce  and  labor  toward 

data  on  aliens  arriving  2514. 
Evidence,  certified  copy  records,  when  2541. 
Exempt  from  certain  formalities,  honorably 

discharged  soldiers,  when  2506. 
False  certificates  of  citizenship  issued,  pun- 
ishable, how  2529. 
False  certification  records,  punished,  how, 

proceedings  2535. 

Federal  laws    pertaining  to,  -defined  2506- 
2544. 


Naturalization 


INDEX 


2490 


Naturalization— continued. 
Fees,  chargeable  and  disposed  of,  proceed- 
ing 2526. 

Fees,  illegal,  punishment  for  receiving,  pro- 
ceeding 2533. 
Form,   declaration    of    intention    become 

citizen,  and  other  forms  2540. 
Grounds  to  vitiate  certificate,  what  2528. 
Government    United    States    may    oppose 

applications,  when  2524. 
Hearings  in  courts,  proceedings  must  be 

public  2522. 
Honorably    discharged    soldiers    exempt, 

certain  formalities  2506. 
Illegally  issuing  certificates  citizenship,  pun- 
ished", how  2531. 
Illinois  defective  naturalization  certificates, 

validated,  how  2513. 
Immigration    and    naturalization    bureau 

established,  for  what  purposes  2514-2544. 
Immigration  bureau  established,  purposes 

of  2514-2544. 
Immigration    stations   throughout   United 

States  supplied  data  on  aliens,  by  whom, 

when  2514. 
.  Jurisdiction  over  naturalization  given  what 

courts  2516. 
Limitation  when  prosecutions  for  violation 

of  act  must  be  commenced  2537. 
Naval  or  marine  soldiers  after  five  years 

service  entitled  citizenship  2511. 
Notice  of  intention  become  citizen  filed  and 

published,  by  whom,  when,  where  2518- 

2519. 

Oath  required  aliens  desiring  become  citi- 
zens, what  2517. 
Penalty  for  clerks  failing  comply  provisions 

of  act,  what  2525. 
Perjury  and  aiding  unauthorized  person  to 

become  citizen,  defined  2536. 
Persons  who  owe  allegiance  to  United  States 

may  become  citizens,  how  2543. 
Petition,  contain  what,  form  of  2540. 

Filed,  when,  where  2518-2519. 
Polygamists  and  anarchists  disqualified  to 

become  citizens  2520. 
Possession    blank    certificates    citizenship 

unlawful,  punished,  how  2532. 
Procedure    for    alien    to    become    citizen 

United  States,  what  2517-2520. 
Proceeding    to    set    aside    naturalization, 

defined  2528. 

Proof  by  deposition,  when  permitted  2523. 
Prosecutions  for  violation  of  act  must  be 

commenced  within  what  time  2537. 
Punishment,  false  certificates,  proceedings, 
defined  2535. 

Issuing  false  certificates,  proceedings  2529. 

Neglect  render  accounts ,  proceedings  2533 . 

Perjury  and  aiding  person  not  authorized 
to  become  citizen  2536. 

Receiving  illegal  fees,  proceedings,  what 
2533. 

Unlawful  possession  certificates,  defined 

2532. 
Records  declaration   intention  .certificates 

kept,  where  2525. 
Residence  required  of  honorably  discharged 

soldiers  whenapplyingforcertificates  2506. 
Rules,  secretary  commerce  and  labor,  power 

to  make  2541. 


Naturalization— continued . 

Seamen  aliens  on  U.  S.  merchant  vessels 
deemed  American  citizens  and  granted 
privileges,  what,  when  2509. 

Secretary  commerce  and  labor  allowed  ad- 
ditional employees  2515. 
Have  charge  all  naturalization  matters 

2514. 
Power  to  make  rules  2541. 

Soldiers  honorably  discharged  exempt  from 
certain  formalities,  what,  when  2506. 

Speak  English,  prerequisite  to  naturaliza- 
tion, when  2521. 

Time  required  for  aliens  to  declare  inten- 
tion and  acquire  residence  before  be- 
coming citizens  2517. 

Time  required  for  alien  seamen  on  U.  S. 
merchant  vessels  declare  intention  become 
citizens  2509. 

Time  required  of  honorably  discharged  sol- 
diers to  prove  residence  become  citizens 
2506. 

Unlawful,  naturalization  thirty  days  before 
election  2519. 

United    States  district  attorney,  duty    set 
aside  decrees,  when  2528.    See  Civil  Prac- 
tice. 
Naturalized  citizen,  must  produce  certificate 

before  registration  for  election  1711. 
Naval  service,  persons  in  to  enjoy  suffrage  252. 
Necessaries  furnished  wife,  when  reasonable 

value  maybe  recovered  from  husband  2176. 
" Neglect,"  « negligence,"  etc.,  defined 6294(1) . 
Neglect  of  husband  to  provide  common  neces- 
saries, when  ground  for  divorce  5838(7). 
Neglect   to   perform    official  act,  ground  for 

removal  from  office  2851. 
Neglected  child,  defined  728. 
Negligence,  criminal,  when  element  of  crime 
6271. 

Injury  caused  by  gross  negligence  of  com- 
mon carrier,  mill  or  mine  operator,  dam- 
ages recoverable  notwithstanding  slight 
negligence  of  employee  5651. 

Questions  relating  to,  for  jury  in  action  for 
death  or  personal  injury  against  common 
carrier,  mine  or  mill  operator  5651. 

When     common     carrier,    mill     or     mine 
operator    liable    for   death    or  injury  of 
employee  5650. 
Negligent  fire,  penalty  6633. 
Negligent  or  reckless  operation  of  steamboat 

or  boiler  causing  death  6408. 
Negotiable  instruments  (in  general)  2548-2672. 

Absence  or  failure  of  consideration, defense, 
when  2575. 

Accommodation  party,  who,  liable,  when, 
2576. 

Actions  on,  parties  who  may  be  made  5002. 

Agent  dishonoring  may  notify  principal  2641. 

Ambiguous  language  in  instrument  con- 
strued, how  2564. 

Assignment  before  due  cuts  out  equities  4988. 

Bankrupt  or  insolvent,  notice  of  dishonor, 
given  to  whom  2648. 

Blank  indorsement  convertible,  how,  by 
whom  2582. 

Blank  indorsement,  defined  2581. 

Broker  or  agent,  when  liable  2616. 

Conditional  indorsement,  effect  of  2586. 

Consideration  presumed,  when  2571. 


2491 


INDEX 


Negotiable  instruments 


Negotiable  instruments — continued. 

Corporation     or    infant,     indorsement    or 

assignment  passes  property,  when  2569. 
Date  deemed  prima  facie  true,  when  255s. 
Defense  in  hands  of  other  holders,  what  2605. 
Delay  in  giving  notice  of  dishonor,  excused, 

when  2660. 

Delivery  essential  to  validity,  when  2563. 
Delivery  presumed,  when  2563. 
Delivery  prima  facie  authority  to  holder  to 

fill  blanks,  when  2561. 
Discharged,  how  2666. 
Dishonored,  may  be  protested  for  nonpay- 
ment or  nonacceptance,  when  2665. 
Drawer  admits  existence  of   payee,  when 

2608. 
Drawer  may  limit  personal    liability,  how 

2608. 

Equivalent  to  order  to  pay,  when  2634. 
Every  holder  deemed  holder  in  due  course, 

exception  2606. 
Exhibited    and    delivered    when    payment 

demanded  2621. 
Foreign  bills  exchange  may  be  protested, 

when  2665. 

Forged  or  unauthorized  signature  void,  pay- 
ment enforced,  when  2570. 
Holder  entitled  to  lien,  when  2574. 
Holder  for  value,  who  2573. 
Holder  in  due  course,  who  2599. 

Having  knowledge  of  defect,  liable,  wlu-n 
2M1. 

May  enforce  payment,  when  2(K)4. 

When  not  considered  2599. 
Holder  may  fill  blanks  in,  when,  effect  2561. 
Holder  may  properly  date,  when  2560. 
Holder  may  renounce  right,  how  2669. 
Holder  may  sue,  how  2598. 
Holidays  regarded  2744. 
Immediate  right  of  recourse  accrues,  when 

2631. 

Incomplete,  not  valid,  when  2562. 
Infant  or  corporation  indorsement  or  assign- 
ment, effect  of  2569. 
Indorsed  to  bank  officer,  effect  of  2589. 
Indorser  in  blank,  liable,  when,  to  whom 

2611. 
Indorser   in    representative   capacity  may 

avoid  personal  liability,  how  2591. 
Indorser,  liabilities,  defined  2614-2615. 

When  so  deemed  2610. 
Indorsers,  joint  and  several,  liability  2615. 

Liable  in  sequence,  exception  2615. 
Indorsement,  conditional,  effect  of  2586. 

In  blank,  what  2581. 

In  blank,  convertible  by  whom,  how  2582. 

May  be  canceled,  when,  effect  2595. 

May  be  special  or  in  blank  or  qualified 
or  conditional  2580. 

Must  be  for  entire  amount  2579. 

Presumed  at  place  executed  2593. 

Qualified,  defined  2585. 
Indorsement    restrictive,   rights    conferred 
2584. 

.When  2583. 
Indorsement,  special  effect  of  2587. 

Special  or  in  blank,  qualified  or  condi- 
tional, when  2580. 

Special,  defined  2581. 

Sufficient,  when  2578. 


Negotiable  instruments — continued. 

Without  qualification  warrants,  what  2613. 
Instrument  containing  provisions  otherwise 

than  as  to  payment,  negotiable,  when  2552. 
Instrument  continues  negotiable,  how7  long 

2594. 
Instrument,  how  negotiated  2->77. 

Need  not  follow  language  of  act  2557. 

Negotiable,  must  contain  what  essentials 
2548. 

Not  negotiable,  when  2552. 

Payable  at  certain  time  2551. 

Payable  to  order,  vests  title  where  2596. 

Reissued,  effect  of  2597. 
Joint  and  several  indorsers,  liable,  how  2615. 
Joint  parties  not  partners,  notice  dishonor, 

given  how  2647. 

Language,  ambiguous,  how  construed  2564. 
Larceny  of,  penalty  6045. 
Liable  for  indorsement  in  blank,  when,  to 

whom  2611. 

Liabilities  of  indorser,  what  2614-2615. 
Liability  of  maker  2607. 
Liability  of  person  signing  for  another  2567. 
Mailing  notice  in  postoffice  deemed  notice 

dishonor,  when  2652-2653. 
Material  alteration  avoids  liability,  excep- 
tion 2671. 

Material  alteration,  defined  2672. 
Maturity,  day  of,  construed  2632. 
May  cancel  indorsement,  when,  effect  2595. 
Misdescription  does  not  invalidate,  when 

2642. 
Misspelled  or  wrong  name,  how  indorsed 

by  payee  2590. 

Negotiability,  what  constitutes  2548. 
Negotiation    presumed    before    maturity, 

when  2592. 

Negotiator  warrants  what  2612. 
Not  invalid  when  wrongly  dated  2559. 
Notice,  dishonor  given,  when  2649. 

For  benefit  of  all  parties  given,  how  2639- 
2640. 

Need  not  be  signed,  when  2642. 

Of  dishonor  by  agent,  given,  how  2641. 

Of  dishonor,  dispensed  with,  when  2659. 
Given  antecedent  parties,  how,  when 

2654 

Given  how,  when  2636-2638. 
Not  required  to  be  given  by  indorser, 

when  2662. 

To  drawer  not  required,  when  2861. 
To  whom  given,  2644,  2636-2638. 
Unnecessary,  when  2663. 
Waived,  when  2656. 
When  partners,  given,  how  2646. 
Notice  of  infirmity,  when  deemed  2603. 
Notice  of  nonacceptance  or  dishonor  may 

be  written  or  oral  2643. 
Notice  to  addressee  given,  when  2655. 
Notice,  to  whom  given  2644,  2636-2638. 
Order  or  promise  to  pay  when  not  uncon- 
ditional 2550. 
Omission  to  give  notice  dishonor  does  not 

prejudice  whom  2664. 
Parties  to  actions  on  5002,  2548. 
Payable  at  certain  future  time,  defined  2551. 
Payable  on  demand,  when  2554. 
Payable  to  bearer,  when  2556. 
Payable  to  order,  when  2555. 
Payable,  when  2632. 


Negotiable  instruments 


INDEX 


2492 


Negotiable  instruments — continued. 
Payment  in  due  course  deemed  made,  when 

2635. 

Persons  liable  on  instrument,  when  2565. 
Presentment  forpayment,  delay  in,  excused, 

when  2628. 

Presentment  for  payment,  dispensed  with, 
when  2629. 

Made  how,  when  2620. 

Must  be  made,  where  2619. 

Must  be  made,  when  2618. 

Necessary,  when  2617. 

Not  necessary,  when  2617. 

Not  required  of  indorser,  when  2627. 

When  sufficient  2619. 

Presentment,  made  to  persons  not  partners, 
how  2625. 

Must  be  made  during  business  hours  to 
banks  2622. 

Must  be  made  with  reasonable  diligence 
2628. 

Not  required  for  payment  2626. 

To  partners  liable,  made  how,  when  2624. 

To    representatives  of  deceased  person, 

made,  how  2623. 
Principal  liable   for  instrument  signed  by 

agent,  when  2567. 

Principal  liable  for  signature  by  "procura- 
tion" 2568. 

Qualified  indorsement,  what  2585. 
Recourse,  right  of,  immediate  2631. 
Renunciation    of   rights   of   holder  affects 

others,  how  2669. 

Restrictive  indorsement,  what  2583. 
Rights  conferred  on  indorsee  by  restrictive 

indorsement  2583. 

Rights  of  persons  secondarily  liable  2668. 
Secondary  liability,  discharged,  how  2667. 
Signature  by  procuration  operates, how  2568. 
Signature  in  blank,  liable  as  indorser,  when 

2611. 

Signature  may  be  made  by  agent, when  2566. 
Special  indorsement,  effect  of  2587. 

Defined  2581. 
Subsequent  indorsers  relieved  by  cancela- 

tion,  how,  when  2595. 
Sum  payable,  defined  2549. 
Time  allowed  giving  notice  dishonor  2650, 

2651. 

Time  of  payment  determined,  how  2633. 
Title  deemed  defective,  when  2602. 
Title  to  vest  in  holder,  date  of  delivery  2559. 
Transfer  without  indorsement,  effect  on  title 

2596. 
Unauthorized  or    forged    instrument  void 

2570. 
Unconditional  order  or   promise,   defined 

2550. 
Unintentional  cancelation  of,  inoperative, 

when  2670. 

Unqualified  order  or  promise,  defined  2550. 
Validity  not  affected  by  certain  omissions 

or  defects  2553. 
Value  defined  2572. 
Waiver  of  protest  deemed  sufficient,  when 

2658. 

What  acceptance  engages  and  admits  2609. 
What  constitutes  indorsement  2610. 
What  constitutes  negotiability  2548. 
What  negotiator  warrants  2612. 
When  all" must  indorse  2588. 


Negotiable  instruments— continued. 
When  dishonored  by  nonpayment  2630. 
When  not  holder  in  due  course  2600. 
When  party  is  dead,  notice  dishonor  given, 

who  2645. 
When  person  liable  is  dead,  presentment 

made  to  whom,  how  2623. 
When  waiver  notice  dishonor  binding,  ex- 
ception 2657. 
Negotiable  instruments  (Bills  of  Exchange) 

2673-2730. 

Acceptance  deemed  complete,  when  2684. 
Acceptance  for  honor  deemed  an  acceptance 

2710. 

Acceptance,  general    or    qualified,  defined 
2686. 

May  be  made,  when  2685. 

Must  be  in  writing  2679. 

Notary  public  may  demand  2747,  2748. 

On  one  part  only,  made  how  2728. 

On  separate  paper  does  not  bind,  excep- 
tion 2681. 

Qualified,  defined  2688. 

Supra  protest,  what  2708. 
Must  be  in  writing  2709. 
Acceptor  for  honor,  liable,  when  2711-2712. 
Acceptor  liable  for  payment,  when  2729. 
Actual  acceptance,  defined  2682. 
Bankrupt  or  insolvent  served  with  protest, 

how  2705. 

Bills  in  a  set  one  bill,  when  2725. 
Certain   acts  constitute  acceptance,  when 

2684. 

Defined  2673. 

Dishonor  of  foreign,  protest  2699. 
Dishonored  by  acceptor,  protest  2717. 
Dishonored  by  nonacceptance,  when  2696. 
Does  not  operate  as  assignment  2674. 
Drawer  and  all  indorsers,  discharged  for 

want  of  presentment,  when  2691. 
Drawers  and  indorsers  released  from  lia- 
bility, when  2691. 
Effect   of   refusal  to  write    acceptance  on 

paper  2680. 

Effect  of  qualified  acceptance,  what  2689. 
Foreign,  defined  2676. 
Foreign,  protested,  how  2699. 
General  acceptance,  defined  2686. 
General    acceptance    at   particular   place, 

when  2687. 
Holder  by  indorsement  liable  on  all  parts, 

when  2727. 
Holder  may  refuse   qualified  acceptance, 

when  2689. 
Holder  may  require  acceptance  written  on 

bill,  when  2680. 
Holder   may  treat    as    dishonored,  unless 

accepted  in  writing,  when  2680. 
Holder  may  treat  as  promissory  note,  when 

2677. 

Inland,  defined  2676. 
Lost  or  destroyed,  protested,  how  2707. 
May  be  addressed  to  two  or  more  drawees, 

how,  when  2675. 
Maturity  calculated,  how  2713. 
Notarial    act    founded    on   declaration    of 

payer,  how  2720. 
Notaries  public  may  protest  2665,  2699-2707, 

2747,2748,2755. 
Otherwise   than  foreign,  not  necessary  to 

protest  in  case  of  dishonor,  when  2699. 


2493 


INDEX 


New  trials 


Negotiable  instruments — continued. 
Payer  entitled  to  documents,  when  2724. 
Payment  for  honor  may  be  attested,  how 

2719. 
Payments,  notary  public  may  demand  2747, 

2748. 

Preference  to  payers,  given  when  2721. 
Presentment  to  bankrupt  or  insolvent,  made 

to  whom  2692. 
Presentment  to  drawers  who  are  partners, 

made,  how  2692. 
Presentment  for  acceptance  must  be  made, 

when  2690. 
Presentment  for  acceptance  must  be  made 

at  reasonable  hour  2692. 
Presentment  for  payment  to  acceptor  for 

honor  made,  how  2715. 
Presentment  or  negotiation  must  be  made 

within  reasonable  time  2691. 
Presentment  where  drawee  is  dead,  made 

how,  to  whom  2692. 
Protest  dispensed  with,  when  2706. 
Protest  made,  by  whom  2701. 
Protest  made  on  copy,  when  2707. 
Protest  must  be  made  when  dishonored  by 

acceptor  for  honor  2717. 
Protest  must  specify  what  2700. 
Protest  on  day  of  dishonor  2702. 
Protest  subsequent  to  nonacceptance  made, 

how  2704. 
Protest  to  precede  presentment  to  acceptor 

for  honor  or  referee  in  need  2714. 
Protest,  where   acceptor    is   bankrupt   or 

insolvent,  made  to  whom,  how  2705. 
Protested,  when  2703. 
Qualified  acceptance  defined,  effect  2688. 
Qualified  acceptance,  what  2686. 
Reasonable   delay,  excused   in  presenting 

for  acceptance  2694. 
Referee   resorted  to  in  case   of   dishonor, 

nonacceptance  or  nonpayment  2678. 
Right  of  recourse  accrues  when  dishonored 

by  nonacceptance  2698. 
Right  of  recourse  on  payment  for  honor, 

lost,  when  2723. 
Right   of    recourse    on    presentment    for 

acceptance  lost,  when  2H97. 
Subsequent   protest    mav  be  made,  when 

2704. 

Subrogation  of  payer  2722. 
Time    allowed    drawee    after   presentment 

2683. 
True  owner  of  bill  when  divided  in  parts 

2726. 
When  may  be   presented    for   acceptance 

2693. 
WThen     presentment     for     acceptance     is 

excused  2695. 
Where  protested  2703. 
Who  may  pay  for  honor  2718. 
Whole  bill  discharged,  when  2739. 
Negotiable    instruments    (Promissory   Notes 

and  Checks)  2731-2736. 
Certification  by  bank  deemed    acceptance 

2734. 
Check  not  assignment  of  funds  of  drawer, 

when  2736. 

Check  is  bill  of  exchange,  when  2732. 
Drawer  discharged,  when  2735. 
Presentation  for  payment,  made,  when  2733. 

157 


Negotiable  instruments— continued. 
Promissory  note,  defined  2731. 
General  provisions  2737-2743. 
Acceptance,  defined  2738. 
Action,  defined  2738. 
Bank,  defined  2738. 
Bearer,  defined  2738. 
Bill,  defined  2738. 
Delivery,  defined  2738. 
Holder,  defined  2738. 
Holidays,  recognized  2744. 
Indorsement,  defined  2738. 
Instrument,  defined  2735. 
Issue,  defined  2738. 
Performance,  following  holiday  2741. 
Person,  defined  2738. 
Person  primarily  liable,  defined  2739. 
Person  secondarily  liable,  defined  2739. 
Provisions  not  retroactive  2742. 
Reasonable  time,  defined  2740. 
Rules  of  law-merchant  govern,  when  2743. 
Terms  defined  2738-2740. 
Unreasonable  time,  defined  2740. 
Value,  defined  2738. 
Written,  defined  2738. 
Negotiable  or  other  instruments,  larceny  of 

6645. 

Neuter  gender,  included  in  the  masculine  5475. 
Nevada,  act  of  Congress  enabling  state  209- 

220. 

Nevada  historical  society  2545-2547. 
Biennial  report  2546. 
Created  how  2545. 
Duty  of  officers  2546. 
Officers  of,  who  2545. 
Powers  and  duties  2545-2547. 
Recognized  as  state  institution  2545. 
Report  biennially  2546. 
Reports,  distributed  2547. 

Published,  how,  when  2547. 
State  institution  2545. 
Nevada  national  guard  3965-4086. 
Name   of,   state    militia    3981.     See    State 

Militia. 
Nevada,  proclamation  of  President  Lincoln 

announcing  admission  430. 
Nevada,  reports  of  supreme  court  decisions, 
clerk    of    supreme    court,    powers    and 
duties  2947-2950. 
Compilation  of  4897-4899. 
Secretary  of  state  to  distribute  and  sell  2951. 
State  printer  to  print  2948. 
Supreme  court  to  appoint  attorney  to  assist 

in  compilation  4899. 
Nevada  state  banking  board  664.    See  Banks 

and  Banking. 
Nevada  state  flag  3353. 
Nevada,  territorial  organization  192-208. 
New  certificate  of  stock  of  corporation,  dis- 
trict court  may  order  in  lieu  of  one  lost  1165. 
New  election  on  tie  vote,  when  ordered  1796. 

See  Elections. 
New  matter,  when  and  how  pleaded.     See 

Civil  Practice. 

New  townships  created,  effect  2783,  2784. 
New    trials.     See    Civil    Practice,    Criminal 

Practice. 
District  court,  civil  5319-5324. 

Criminal  7232-7237,  7286,  7469. 
Justice's  court,  criminal  7494-7495. 
Supreme  court,  may  direct  4835. 


Newspapers 


INDEX 


2494 


Newspapers,  abstracting  from  recorder's  office 

or  defacing,  penalty  1642. 
Bankruptcy  proceedings,  certain,  to  publish 

570. 
County  recorder  to  purchase  and  preserve 

1639-1642. 
Decisions  of  supreme  court,  published  in 

4481. 

Elections,  publications  for.     See  Elections. 
Freedom  of  press  guaranteed  171,238. 
Publication  of  notice  in,  of  taking  testimony 

for  perpetuation  5466. 
State  advertising  in  4481. 
State  library,  certain,  preserved  in  2933. 
Statutes  and  journals  of  legislature,  certain, 

to  receive  2933. 
Night  watchman  of  capitol  building,  treasurer 

to  designate,  salary  4401,  4420. 
Nighttime,  defined  6294(19). 
Nomination  for  office,  contest  under  primary 

law  1764. 
Nomination  papers,  primary  elections,  filing 

1737-1742. 

Failure  to  file,  penalty  1765.     See  Elections. 
Nonjudicial  days, enumerated, powersof  courts 

on  4870. 

How  time  computed  5482. 
Nonresidents,  except  Chinese,  may  own  prop- 
erty 3602. 

Nonresidents,  service  in  actions  and  proceed- 
ings.    See  Civil  Practice. 
Nonsuit,   in  what    cases    granted    and    how 

entered  5237,  5592.     See  Civil  Practice. 
Normal  schools.     See  Public  Schools,  Univer- 
sity of  Nevada. 

County  normal  schools  3425-3430. 
Legislature  may  establish  357. 
State  normal  school  4639-4645. 
Notary  public.     See  Conveyances,  Negotiable 

Instruments. 
Acceptance  of  foreign  and  domestic  bills 

of  exchange,  may  demand  2747. 
Acknowledgments,  form  of  1025,  1026. 

May  take  and  certify  1020,  2749. 
Acts  legal  in  any  part  of  state  2764. 
Affidavits,  may  take  2750. 
Appointive  office  2762,  2765. 
Bills  of  exchange,  acceptance,  may  demand 
2747,  2748. 

Payment,  may  demand  2747,  2748. 

Protest  of  2665, 2699-2707, 2747, 2748, 2755. 
Bond  of,  amount,  district  judge  to  approve 

2745. 

Bond  and  oath  filed  with  county  clerk  2746. 
Certified  copy  of  record  to  give  on  demand, 

prim  a  facie  evidence  2754,  2759. 
Commercial  paper,  powers  and  duties  con- 
cerning 2665,  2669-2717,  2747,  2748,  2755. 
Commission,  fee  for  2745. 
County  clerk,  oath  and  bond  filed  with  2746. 
County     recorder,   records    delivered    to, 
when  2757. 

Records  of  delivered  to  for  successor  2757. 
Depositions,  may  take  2750. 
District  judge,  bond  of,  to  approve  2745. 
Duty,  neglect  of,  penalty  2756. 
Evidence,  certified  copy  of  record  to  be 

prim  a  facie  2754,  2755,  2759. 
Fees  allowed  2004,  2018,  2760. 
Fees  for  commission,  amount  to  go  to  library 

fund  2745. 


Notary  public — continued. 
Female,   proposed    constitutional    amend- 
ment allowing  to  become  371. 
Governor  may  appoint  unlimited  number 

2762. 
Instruments,  records   concerning  to    keep 

1098,  1099,  2751,  2752. 
May  act  in  any  part  of  state  2764.- 
Neglect  of  duty,  penalty  2756. 
Number  of,  unlimited  2762. 
Oath  and  bond  filed  with  county  clerk  2746. 
Oaths,  may  administer  2750,  5483. 
Official,  to  take,  endorsed  on  commission 

2745. 

Office,  term  of  2763. 
Official  acts,  record  of,  to  keep  1098,  1099, 

2751,  2752. 

Penalty  for  neglect  of  duty  2756. 
Predecessor,   records    of   certified    copies, 

may  deliver  2759. 
Protest  of  bill  of  exchange  2665,  2699-2707, 

2747,  2748,  2755. 
Powers  generally  2747. 
Records  delivered  to  county  recorder  on 

death,  resignation  or  removal  2757. 
Record  of  official  acts,  to  keep  1098,  1099, 

2751,  2752. 

Seal  to  have  and  keep,  form  of  2753,  5288. 
State,  any  part  of  may  act  in  2764. 
Successor,  records  to  be  delivered  to  2758. 
Term  of  office  2763. 

Unlimited  number  may  be  appointed  2762. 
Note,  copy  of  as  complaint  in  justice's  court 

5736. 

Note,  promissory,  or  other  instrument,  when 

admitted  in  justice's  court  unless  denied 

by  verified  answer  5770.     See  Negotiable 

Instruments. 

Notice  of  location  of  mining  claim,  form  and 

posting  2422.     See  Mines  and  Mining. 
Notice  of  record,  conveyance  recorded,  when 

1038,  1040. 
Notices,  civil  practice  5367-5375.     See  Civil 

Practice. 
Noxious  animals,  bounties  for  718-727.     See 

Bounties. 

Noxious  vermin,  extermination  of  455. 
Nuisance,  abatement  by  cities  794(18-31,  53). 
By  counties  1562. 
By  towns  877,919-921. 
Action  for  damages  for  and  abatement  5504- 

5513.     See  Civil  Practice. 
Constable  to  abate,  when  920. 
County  commissioners  to  abate,  when  1562. 
Defined  in  action  to  abate  921,  1562,  4853, 

5504. 

District  attorney  to  abate,  when  1562,5504. 
Horticultural  commissioners  to  abate,  when 

447,  448. 

Officers,  failure  to  abate,  penalty  1562. 
Penalty  for  maintaining  6546. 
Sheriff  to  abate,  when  920. 
Number,  singular  includes  plural  5475. 
Numerals,  permissible  in  court  proceedings 

4885. 
Nuncupative  will  6204,  6206-6208.    See  Wills, 

Estates  of  Deceased  Persons. 
Nursery  stock,  transporting  without  certificate 

of  inspection,  penalty  6776,  6777. 
Nye  County,  creation,  boundaries  and  seat 
390,  1451,  1468,  1472,  1481,  1482,  1487. 


2495 


INDEX 


Officers  general^ 


Oath,  constitutional,  teachers  public  schools 

must  take  357. 

Deputy  assessor,  what  3635.    See  Revenue. 
Election    officers,   elections,  and   electors. 

See  Elections. 
Fence  viewers,  what  3607. 
Includes  affirmation  6353. 
Legislature  may  prescribe  as  test  of  electoral 

qualification*255. 
Military,  form  of  3972,  3969. 
Official'  370. 

Of  office,  no  fees  for  2039. 
Of  officers  elected,  where  taken  2788-2790. 
Pertaining  to  assessor  and  assessment  of 

property  3626,  3680.     See  Revenue. 
Pertaining  to  election  officers  and  elections. 

See  Elections. 

Who  may  administer  5483.     See  Civil  Prac- 
tice, Elections. 

Oaths  and  affirmations,  bankruptcy  562. 
Objections.     See  Civil  Practice. 
Obscene,  indecent  or  immoral  show,  act  or 

performance  6461. 
Letters  or  writing,  sending  or   delivering 

Literature,  offenses  concerning  64<il . 
Literature  or  publications,  indictment  for 

7069. 

Obstetrics.  See  Medicine,  Surgery  and  Ob- 
stetrics 2358-2374. 

Obstructing  railways,  penalty  6586,  6748. 
Obtaining  license,  diploma,  permit  or  other 

writing  by  false  representation  6719. 
Obtaining  or  seeking  to  obtain  money  or  value 
on  promise  of  influence  of  legislator  6318. 
Occupancy.     See  Civil  Practice. 
Odd  Fellows,  incorporated  1418.     See  Corpo- 
rations. 

Offer,  to  allow  judgment  in  justice's  court  not 
admissible  in  evidence,  when  further  costs 
not  recoverable  5777. 

Offering  false  evidence,  punished,  how  6357. 
Committed  prior  to  act  taking  effect  6832, 

6833. 

Offenses,  bail  to  be  allowed  for  except  in  cer- 
tain capital  cases  236. 

Office,  appointee   to  vacancy  to    hold   until 
next  election  301 .     See  Constitution ,  Elec- 
tions, Officers  Generally. 
Exercising  functions  of  without  authority 

6332. 

Wrongful  exercise  of  6804. 
Office-holding  and  suffrage,  color  or  previous 

condition  of  servitude,  not  bar  to  411. 
Officer.     See  Constitution,  Elections,  Officers 

Generally,  Civil  Practice. 
Officers  generally  2765-2767.     See  State  Con- 
stitution. 

Accounts,  affidavit  of  auditing  officer  2844. 
Accounts  of  submitted  to  grand  jury,  when 

4924,  4925,  7004. 

Accounts  of  to  be  examined  2855-2860. 
Acknowledgments,     keep      record,    when 

1098,  1099. 

Action  for  unlawful  holding  1814. 
Additional  force  of  bond  2876. 
Advertising,  official  2867. 
Age  of  required  to  be  eligible  for  certain 
office  2766. 


Officers  generally— continued. 
Appointees  to  fill  vacancies,  duty  to  qualifv 

2806. 

Asking  or  receiving  bribe  6331. 
Asking  or  receiving  excessive  fee  or  com- 
pensation or  where  none  is  allowed  6738. 
Attachment  fees  and  salaries  2864-2866. 
Blackmail  of  6739. 
Bond,  breach  of  condition  cause  of  vacancy 

2802. 

Failure  to  furnish  new,  vacancy  2882. 
Bonds,  2780-2786. 

Civil  actions  not  required,  when  5487. 
General  provisions  concerning  2868-2890. 

See  Bonds,  Official. 
Surety  companies  may  furnish  695-701. 
Charge  certain  fees,  when  2019. 
Chosen,  as  prescribed  by  law  378. 
Civil  officers  subject  to,  penalties  4079. 
Claims  or  warrants,  personal,  may  sell  or 

assign  284 <;. 
Commission   or   certificate  of   election,  to 

receive  2796. 

Commissions,  how  issued  2794. 
Computation  of  mileage  2040. 
Contracts,  interest    in    forbidden,  penalty 

2827-2830,  6331. 
Conviction  forfeits  trust  6287. 
Conviction  of  felony,  or  malfeasance,  va- 
cancy 2802. 

Deputies,  may  appoint  2848-2850. 
Deputies  to  take  oath  2792. 
District  judge  to  charge  grand  juries,  duties 

of  certain  officers  4924,  4925,  7004. 
District  court  official  reporter  4908-4913. 
Drunkenness    in    office,  removal,    penalty 

2861-2863. 

Duel,  failure  to  prevent  2823. 
Duties  of  certain  officers,  district  judge  to 

give  in  charge  to  jury  4924,  4925,  7014. 
Duties,  failure  to  discharge  cause  of  va- 
cancy 2799. 
Granting  to  other  than  deputy  right   to 

discharge,  penalty  2822,  6317,  6331. 
Election,  commission  or   certificate   of   to 

receive  2796. 

Contests,  limitation  of  actions  4972,  4973. 
Officers  violating  duty  2814-2816. 
Reported  to  secretary  of  state  2795. 
Time  of  2768,  2773. 
Eligibility(Const.)371. 
Embezzlement  of  money  or  property  6345, 

6653,  6656-6660. 

Employees,  leave  of  absence,  when  4109. 
Employing   or  paying  clerks  or  assistants 
without   appropriation  therefor,    misde- 
meanor 6662. 

Examination  of  accounts  2855-2860. 
Execution  for  fees,  to  have,  when  2027. 
Failing  in  duty  to  pay  over  money  6658, 6659. 
Failure  of  duty,  misdemeanor  6289. 
Failure  to  furnish  report,  statement  or  in- 
formation to  6805. 
False  account,  keeping  or  making  false  entry 

6658. 

Falsely  personating  4291,  6734. 
Fee  book,  to  keep  2020, 
Fees,  liable  to  attachment  2864-2866. 

Table  of,  to  post  2025. 
Forfeiture  of  office  for  accepting  passes  4573. 
Forging  or  counterfeiting  signature  of  6685. 


Officers  generally 


INDEX 


2496 


Officers  generally — continued. 

Granting  to  person  other  than  deputy  au- 
thority to  discharge  duties,  penalty  2822, 

6317,  6331. 

Impeachment  of  334,  335,  6878-6893. 
Impeachment,  removal  or  suspension,  other 

laws  not  affected  6298. 
Insanity,  cause  of  vacancy  2799. 
Insufficient  bonds  of  2873,  2875. 
Interference  with  duty  of  6329,  6804,  6828. 
Irrigation  district,  who,  how  chosen  4725. 

See  Water. 

Judgment,  removal  from  office  6905. 
Knowingly  making  false  or  misleading  state- 
ment in  official  report  or  statement  6349. 
Keep  tax  books  open  for  inspection  3752. 
Legislative  act  not  to  apply,  when  2042. 
Legislative  power  to  remove  336. 
Making  false  certificate  6375. 
Malfeasance  or  misfeasance,  removal   for 

2851-2853,  6877-6907. 
Misappropriation  of  public   funds,  felony 

3751. 

Misconduct  of  6331. 

Money,  failing  in  duty  to  pay  over  6658, 6659. 
New  bond  required,  when  2882,  2884. 
Not  compelled  to  make  publication  unless 

cost  tendered  2026. 

Oath,  before  whom  taken,  when  taken  2790, 
2791. 

Federal  and  state,  to  support  (Const.)  169. 

Form  of  370,  2891. 

Of  deputy  2792. 

Of  officer  370,  2786,  2891. 

Refusal  or  neglect  to  take,  causes  vacancy 

2799. 

Obstruction  of  6805. 
Officer,  bribe,  asking  or  receiving  6331. 
Official  advertising  2867. 
Official  reporter  supreme  court  4889-4890. 
Official    reports    examined    by   board    of 

examiners  4316. 

Penalty  for  charging  fees  on  returns  2041. 
Penalties,  state  militia  subject  to  4079. 
Power  to  remove  (Const.)  336. 
Proceedings   in    district   court   to    remove 

2851-2854. 
"Public  officer"  or  "officer,"  terms  include 

what  6294(24). 
Public  officers    interested   in  contract  for 

public  815,  1522,  6331. 
Purchasing    or  selling  warrants,  claims  or 

scrip  2824-2826. 
Records  and  documents,  stealing,  altering 

or  defacing  2817,  6344-6349. 
Records  of  proof  of  in  courts  5409. 
Records  in  public  office,  may  be  inspected 

and  copied  3232. 
Records,  refusal  to  deliver  to  successor  or 

on  abolition  of  office,  penalty  2819. 
Refusing  or  neglecting  to  receive  person  in 

custody  2820,  6360. 
Refusing  to  aid  on  command  2823,  4290, 

6361,6606,6863,6956. 
Removal,  cause  of  vacancy  2799,  336. 

From  office  for  misfeasance  or  malfeas- 
ance 2851-2853,  6877-6907. 

Notice  of,  to  be  given  to  whom  2801. 

Of  337. 

Otherwise  than  by   impeachment   6894- 
6907. 


Officers  generally— continued. 

Reporter,  official  district  court  4908-4913. 
Reports,  when  to  be  prepared  2929. 
Residence,    change    of    place    of    causes 

vacancy  2799. 
Resign  at  liberty  2797. 
Resignation,  how  made  2798. 

Right  to  make  2797. 

To  governor,  filed,  where  2795. 
Resisting,  delaying  or  obstructing  4291,6362. 
Returns,  not  to  charge  on  2041. 
Riotous  assemblage,  duties  concerning  2836- 

2843. 
Salaries,  liable  to  attachment  2864-2866. 

Payable,  when  4399-4400. 

Increase  or  diminish  377. 
Soldier's  pension,  fees,  not  to  charge  3914. 
Successors  in  office, refusal  to  deliver  records 

to,  penalty  2819. 
Surety  company  may  furnish  bonds  695- 

701. 

Tampering  with  public  records  6345. 
Tenure  of  office  379. 
Term,  when  begins  2786. 
To  post  table  of  fees  2025. 
Turn  over  property  to  successor,  when  3754. 
Vacancies,  appointees  to  fill,  duty  to  qualifv 
2806. 

Existence  and  cause,  certified  to  whom 
2803. 

Governor,  may  fill  301. 

How  filled,  term  2812,  2813. 

How  occasioned  2799. 

How  supplied  2804-2805. 

When,  governor  to  fill  2810. 
Vacancy,  failure  to  furnish  sufficient  bond 
2802,  2803,  2874. 

Failure  to  furnish  new  bond  2882. 

When  may  be  declared  2802. 
Violation  of  duty  6828. 
Warrants  or  scrip,  when  redemption  may 

be  refused  2845. 
Warrants,  scrip  or  claims,  purchasing  or 

selling  2824-2826. 
What  fees  may  demand  2005. 
When  not  to  charge  fees  on  returns  2041. 
Who  eligible  to  office  371. 
Who  may  demand  fees  1994. 
Official    bonds   2868-2890.     See    Bonds    and 

Undertakings. 

Additional,  when  may  be  required  2873, 2875. 
Approval,  record  and  filing  2872. 
Auditor  liable,  when  3685. 
Bonds,  official  2868-2890. 
Condition  expressed  2869. 
County  treasurer  liability  on,  what  3672. 

See  Revenue. 

Defect  in,  not  material,  how  remedied  2871. 
Form  of  2868. 

Justification  of  sureties  2878. 
Laws  applicable  to  2869. 
New,  penalty  of  2884. 
Number  of  sureties  2877,  2888. 
Subscriptions  to,  how  taken  2885. 
Surety  company  may  furnish  2888-2890. 
Surety,  liability,  ratable  2886. 
Sureties,  death,  removal   or    insufficiency 
2873,  2874. 

Justification  of  2878. 

Liability,  amount  may  assume  2879. 

Number  of  2877,  2888. 


2497 


INDEX 


Parties  to  various  actions 


Official  bonds— continued. 

Sureties,  released,  how  2880,  2881. 

Suit  on,  who  may  bring  2870. 

Time  in  force  2869. 
Official  court  reporter  5472. 
Official  oath  370,  2891. 
Official  reporter  of  district  court  4908-4913. 
Official  reporter  of  supreme  court,  appointed 

how,  by  whom,  compensation  4889-4990. 
<  )il  lands,  annual  labor  required  thereon,  what 

2395.     See  Mines  and  Mining. 
Oil  lands  patented  to  assignee  3178. 
Oil  pipe  lines  and  tanks  or  reservoirs,  right 

of  eminent  domain  may  be  used  for  5606. 
Oil  tanks  for,  eminent  domain  may  be  used 

for  purposes  of  5606. 

Oil  wells,  bounty  for  sinking  702-706,  712-717. 
Oleomargarine,  sale  of,  when  unlawful  6526- 

6528. 
Omission  or  error,  in  primary  election  may 

be  ordered  corrected,  when,  by  whom  17615. 

See  Elections. 

Omission,  performance  by  another  6281. 
Open  account,  limitation  of  action  on  4967- 


<  >perator.     See  Telegraph  4603-4630. 
Open-pit  mines,  hours  of  labor  in  6557,  6558. 

See  Eight-Hour  Laws. 
Opinion,  cooy  of  to  be  furnished    appellate 

court  on  appeal  5356. 
Opinions  of  supreme  court,  not  effective  until 

filed  with  clerk  376. 
To   be    forwarded    with    remittitur,  S.  C. 

rule  xvi,  p.  1424. 
To  be  in  writing  and  recorded  4839,  S.   C. 

rule  xiv,  1424. 
Opium,  control  of  794(78). 
Leasing    house   or   room    for   resort,  pro- 
hibited 6490-6492. 
Selling  or  smoking  6485-6493. 
Oppression  by  officer  or  one  pretending  to 

be,  prohibited  6806. 

Optometry  act,  persons  excepted  from  pro- 
visions of  2895. 

License  fee  for  practice  of  2894. 
Qualifications  for  practice  of  2892,  2893. 
Violation  of  act,  penalty  for  2896. 
Oral  evidence  of  loss  and  contents  of  writing 

5417. 
Oral,  what  pleadings  may  be  in  civil  action 

in  justice's  court  5734. 
Order.     See  Civil  Practice. 
Ordinance  (Nev.  Const.)  228,414-427. 
Ores,  damages  for  extraction  of  from  mine, 

how  assessed  5509. 

Eminent  domain  may  be  used  for  supply- 
ing water  for  reduction  5606. 
False  or  fraudulent  statements  or  transac- 
tions concerning  6710. 
Metal-bearing,    specimens    exempt    from 

execution  5822-5824. 
Sold  at  reduction  works,  preferred  lien  upon 

bullion  5492. 

Substituting  or  changing  value  of,  forbid- 
den 6710. 
Original  exhibit,  when  may  be  brought  up  on 

appeal  5344. 

Original  jurisdiction  319,  321,  4840. 
Supreme   court   has,  in  contest   for  state 
office  1823* 


Original  horses,  not  to  run  at  large,  taken  up 

and  sold,  when  2252. 

Original  writs,  what,  supreme  court  and  jus- 
tices thereof  may  issue  319,  4834. 
Orinsby  County,  action  may  be  brought  in, 
against   state    for  services  or    advances 
authorized  by  law  5653. 
Creation,  boundaries    and  seat  390,   1443, 

1450. 
Orphans,  amount  of  property  exempt  3621. 

See  Revenue. 
Orphans'  home,  property  exempt,  when  3621. 

See  State  Orphans'  Home. 
Superintendent  of,  maybe  appointed  guard- 
ian of  inmates,  when  735. 
Supervision  of,  conducted  how  4094. 
Water  supply,  how  provided  4424. 
Overloading  passenger  vessel,  death  caused 

by,  penalty  6406. 

Ouster,  judgment  for  in  quo  warranto  5657. 
"Owner,"  who  included  in  term  6294(16). 


Package,  defined,  under  pure  food  law  3495. 
Packing-houses,  city  may  control  location  of 

Paleontological  remains,  exempt  from  execu- 
tion 5822-5823. 

Panama-Pacific  Exposition,  bureau  of  indus- 
try, agriculture    and  irrigation  to    aid    in 
exhibit  at  4489. 
Paper  to  circulate  as  money,  issuance  of,  when 

unlawful,  penalty  6688. 
Paper  and  papers,  as  applied  to  pleading  and 

filing.     See  Civil  Practice. 
Panel  of  trial  jurors,  how,  where  and  when 

drawn  4930.     See  Jury. 
Pardons  and  parole,  board  of  7623-7634.    See 

Board  of  Pardons  and  Parole. 
Parent,  children  taken  from  custody  of,  when 

734. 

Duty  to  support  child  751. 
Entitled  to  guardianship  of  child  6153.    See 

Guardians,  Juvenile  Court  Law. 
May  give  bond  for   appearance   of   child 

in  juvenile  court  742. 

Notice  to  on  proceeding  before  justice  of 
the  peace  to  set  aside  apprenticeship, 
costs  493. 

On  adoption  of  child,  relieved  of  responsi- 
bility and  rights  over  5830. 
Person  adopting  child  sustains  legal  rela- 
tion of  5830. 
Parks,  eminent  domain  may  be  exercised  for 

5606. 
Parole.     See   Board   of   Pardons,   Board  of 

Parole  Commissioners. 
Commissioners,  board  of,  created,  powers 

and  duties  7631-7634. 
Peace  officer,  duty  concerning  prisoner  on 

7631. 

Prisoner  on,  leaving  state  without  permis- 
sion deemed  escape,  penalty  7631. 
Prisoner  on  duty,  to  report,  when  7633. 
Prisoners,  who  and  when  entitled  to  7631. 
Rules  of,  see  note  to  7634. 
Partial  partition,  actions  for,  who  may  bring 

5527. 

Parties  to  crimes,  classified  6273. 
Parties   to   various    actions    and    pleadings 
affecting  4986-5010.     See  Civil  Practice. 


Partition 


INDEX 


2498 


Partition,  actions  in  and  pleading    affecting 

5527-5583.     See  Civil  Practice. 
District  court  may  order  4849. 
Estates  of  decedents  in  common  6075-6091. 

See  Estates  of  Deceased  Persons. 
Fences, expe.nse  of  erecting  and  maintaining, 

divided   how,  viewers,  when  appointed, 

proceedings  3604-3608. 
Partner  in  practice  of  law,  justice  of  supreme 

court,  district  judge    and  justice  of   the 

peace,  not  to  have  4867. 
District   attorney,    restrictions    concerning 

1610,  1611. 
Partnership  2897-2914. 

Act  to  authorize  the  formation  of  limited 

partnerships  2897-2909. 
Act  requiring  partners  transacting  business 

to  file  certificates  of  partnership  2910-2914. 
Assignment   of   property,    publication  of, 

made,  how,  when,  where  2906. 
Banking    and    insurance,    not    authorized 

under  2897. 

Bankruptcy  act  (federal),  rights  under 547. 
Capital  stock,  shall  not  be  reduced  or  with- 
drawn 2904. 

Certificate,  form  of ,  published,  when,  pen- 
alty for  failure  2911. 
Certificate  of,  acknowledged  and  recorded, 

where,  by  whom  2900. 
Certificate  of,  contain  what  2899. 

Doing    business  without  filing,  showing 
names,  penalty  for  6730,  6731. 

Published,  how  2910. 

To  show  names  6730. 
Change  of  partners  causes  new  certificate 

to  be  filed  and  published  2912. 
Copies,  entries,  made  by  county  clerk  evi- 
dence of  fact  2914. 

County  clerk  to  keep  register  of,  how  2913. 
Creditors  affected  by  assignment,  how  2905- 

2906. 

Debts  of,  affect  capital  stock,  how  2904. 
Dissolution    of,     advertised,    how,    when, 

where  2908. 

Dissolution  of  limited,  effected  how  2908. 
District  attorney,  partner  not  to  oppose  in 

same  action  1610. 
Doing   business    without   filing    certificate 

showing  names,  penalty  6730,  6731. 
Estates    of   decedents,   surviving    partner, 

rights  and  liabilities  6025. 
Evidence  of  fact,  what  2914. 
Fees,  county  clerk  keeping  register,  desig- 
nated 2914. 

Form  of  certificate  signed  by  partners  2911. 
General    assignment,   not    allowed,  when 

2905. 

General  assignment,  not  valid,  when  2905. 
General  partners  deemed  special  partners, 

when  2907. 
General    partners   liable    for   debts,  when 

2907.    • 

General,  special  partners,  who  2903. 
Insolvency  of,  affects  general  assignment, 

how  2905. 

Liability  of  partners  2909. 
Limited,  formed  for  what  purposes  2897. 
Limited,  dissolved,  how  2908. 
Limited,  renewed,  how  2902. 
New  certificate  of  change  of  partners  filed 

and  published,  how,  where  2912. 


Partnership— continued. 
Number  of  partners  designated  289$. 
Partners  responsible  for  debts,  when  2904. 
Penalty,  failure,  file  and  publish  certificate 

of,  what  2911. 
Pleadings  in  actions  affecting  partners  and 

partnership.     See  Civil  Practice. 
Publication  assignment,  made  how,  when, 

where  2906. 

Publication,  certificate  of,  where  2901. 
Renewal  of,  limited,  how  2902. 
Responsibilities  of  partners  2898. 
Special,  general  partners,  who  2903. 
Special    partners    deemed    general,  when 

2907. 
Special  partners  not  responsible  for  debts, 

when  2907. 
Surviving    partner,   rights    and    liabilities 

6025. 

Suits  against  general  partners  only,  excep- 
tions 2907. 

Terms  of  business,  designated  2899. 
Party  and  parties  to  actions.    See  Civil  Prac- 
tice. 

Passenger  injured  on  platform  of  car  in  vio- 
lation of  regulations  of  railroad  company 
not  to  recover  damages  3560. 
Passenger  may  recover  from  railroad  com- 
pany for  refusal  to  transport  3559. 
Passenger  rates,  may  be  regulated  by  legis- 
lature 278. 
Passengers,   on    railroads,   conductors    may 

eject  3561. 

Passes  on  railroads  to  state  officers  and  other 
persons  prohibited,  exception  4490,  4556, 
4573. 
To    be    reported    to    railroad    commission 

4567 (a). 

Patent,  application  for  mining  claim  to  be 
shown  in  adverse  action  5526.     See  Mines 
and  Mining. 
For  mines,  application  for,  suit  on  adverse 

claim  2384. 

Of  United  States  on  state  for  land,  when 
record  or  copy  admissible  in  evidence  5415. 
Patent  rights,  Congress  to  secure  118. 
Patents  to  land  entitled  to  record  1035. 
Patents  to  mineral  lands,  how  obtained  2383. 

See  Mines  and  Mining. 

Patents  to  state  lands  to  be  signed  by  gov- 
ernor and  secretary  of  state  (Nev.  Const. 
309)  3211. 
Patents,  when  actions  cannot  be  brought  upon 

by  grantee  from  the  state  4948. 
On  mortgage  or  debt,  county  recorder  to 

certify  copy  as  evidence  3789. 
Record  of,  admissible  as  evidence  5415. 
Patented  lands,  assessment  of  3838-3846.     See 

Revenue. 
Patented  mines,  assessment  of  352,  1578.   See 

Mines  and  Mining. 
Paupers.     See  Poor  and  Poor  Laws. 
Bringing  into  state,  penalty  2928. 
Bringing  or  leaving  in  county,  penalty  2925. 
Commissioners  to  remove  from  county  when 

2922. 

Residence  of,  commissioners  to  require  satis- 
factory proof  of  2921. 
Pawnbroker,  bailments,  duties  and   powers 

536. 
Defined  6471. 


2499 


INDEX 


Physician 


Pawnbroker — continued. 

Duties,  violation  of,  penalty  6465-6471. 
Failure  to  record  transactions  or  report  to 

police,  penalty  6465-6467. 
Rate  of  interest,  charging  excessive,  penalty 

(3470. 

Records  subject  to  inspection  6466. 
Payment,  for  property  or  easement  in  pro- 
ceedings in  eminent  domain  5622. 
Peace,  bond  to  keep,  forfeiture  and  recovery 

6874-6876. 
Breach  of,  when  punishable  as  contempt 

in  justice's  court  5795. 
Surety  to  keep,  procedure  6864-6877.     See 

Criminal  Practice. 

Peace  officer,  duty  to  serve  subpenas  requir- 
ing attendance  before  public  service  com- 
mission 4532. 

Peace  officers,  denned  6937,  7462. 
Duty  on  making  arrest  6940,  6944-6950. 
Firearms,  duty  to  enforce  law  concerning 

6670. 

In  towns  888. 

.Justifiable  homicide  by  6396. 
Not  absolved  from  any  duty  by  reason  of 

state  police  act  4288. 

Paroled  prisoners,  duties  concerning  7631. 
Person  refusing  to  aid  on  command,  penalty 

•_>s:;:;,  4-_".»o,  <;:;<; i,  <>606,  6863,  6956. 
Rewards,  not  eligible  for,  when  39u~>. 
Who  are  («c;7. 

Peddling  without  license,  prohibited  3735. 
Penalty  and  penalties.    See  Crimes  and  Pun- 
ishments, Civil  Practice. 
Pensions  to  soldiers,  officers  not  to  charge 

fees  concerning  3914. 

Percentage  games,  gambling,  penalty  for  play- 
ing or  conducting  6518. 
Per  diem,  for  one  day  may  be  demanded  by 

witness,  when  served  with  subpena  5433. 
Of  jurors,  in  counties  polling  over  425  votes 

2013. 

Of  jurors,  to  be  paid  each  day  by  party  de- 
manding jury,  on  recovery,  reimbursed 

from  losing  party  2013. 
Peremptory  challenge,  defined  7143. 
Peremptory  challenges,  number  of  5205. 
Perishable  property,  attached,  to  be  sold  5157. 

Sale  of,  not  to  be  stayed  by  appeal  5355. 
Perjury,  before  grand  jury,  evidence  of  juror 

7032. 

Before  registry  agent  1719. 
By  bank  officer  660. 
By  grand  juror  7033. 
Chapter  concerning  6350-6356. 
Conviction  of,  excludes  from  jury,  unless 

restored  to  civil  rights  285. 
False  affidavit  as  to  taxes  or  satisfaction  of 

mortgage  3755. 
False  affidavit  of  loss  of  receipts  received 

from  controller  4187. 

False  affidavit  to  insurance  company  rela- 
tive to  death  or  disability  1317. 
False    affirmation  or  declaration,  deemed 

5448. 

False  oath  as  to  proceeds  of  mines  3690. 
False  oath  by  official  of  public  utility  4513. 
False  oath  or  affirmation  before  board  of 

pardons  7627. 
False  oath  or  list  of  taxable  property  3630. 


Perjury— continued. 

False  oath  to  report  to  railroad  commission 

4543. 

False  statement  to  annual  report  of  insur- 
ance company  1328. 
Indictment  for  7066. 
Irregularities  no  defense  6354. 
Witness  testifying  before  public  service  com- 
mission not  exempt  from  punishment  for 
4536. 

Permanent  limitation  of  taxes  for  county  pur- 
poses, what  3826. 
Permitting  use  of  premises  for  assemblage  of 

anarchists  6616. 
Perpetuating  testimony  5464-5473. 

Manner  of  taking  deposition  for  54(>S. 
Perpetuities  not  allowed  except  for  eleemosy- 
nary purposes  372. 

Person  authorized  to  determine  any  question 
or  proceeding  asking  or  receiving  bribe  6320. 
"Person"  defined  6294(14) . 
Person  includes  company,  partnership,  asso- 
ciation or  corporation  5475-547'*. 
Persons  liable  to  punishment  6267. 
Persons  not  liable  to  punishment  6278. 
Persons  not  molested   because   of   religious 

sentiment  228. 

Persons  over  21  years  of  age  and  not  party 
may  serve  summons  in  civil  action  in  jus- 
tice^ court  5732. 

Persons  shall  not  be  deprived  of  life,  liberty, 

or  property  without  due  process  of  law  237. 

Personal  injuries,  actions  for  r>(>4»-5(»52.     See 

Civil  Practice. 

Personal  property,  defined  6294(11). 
Suits  affecting,"procedure.     See  Civil  Prac- 
tice. 

Suits  under  revenue  act  3622. 
Personating  another  6735. 
Personating  officer  or  another  falsely,  penalty 

4291,6734,6735,7179. 
Personating  physician  2372. 
Petit  larceny,  by  lodger  6646. 
Defined  6639." 

Realty,  conversion  into  personalty  6644. 
Petition  authorized  by  law,  signing  name  of 
another  or  of  fictitious  person,  penalty  6670. 
Petition,  for  changing  name  of  person,  what 

to  state,  verification  5835. 
For  redress  of  grievances,  right  of,  guaran- 
teed to  people  171,  239. 
For  revival  of  judgment,  when  purchaser 
fails  to  recover  property  sold  under  exe- 
cution 5306. 

To  juvenile  court,  what  to  state  731. 
Verified,  for  determination  of  life  estate  5584. 
Writ,  rule   or  order  made  to  one  district 
judge  not  to  be  made  to  another  unless 
upon  written  consent,  rule  xlii,  p.  1431. 
Pharmacy  4495-4514.   See  Board  of  Pharmacy. 
Physical  disability,  voter  allowed  assistance, 

when  1855. 

Physician.   See  Medicine,  Surgery  and  Obstet- 
rics 2358-2374,  Contagious  Diseases  2996- 
3003,  Public  Health  2952-3003. 
Births,  duties  and  liabilities  as  to  2963-2965, 

2972,  2975,  2983-2987,  6450.     See  Birth. 
Certificate  of  birth,  to  file,  when,  penalty 

for  failure  2964,  2972,  2986,  2987. 
Coroner  may  summon  7547. 


Physician 


INDEX 


2500 


Physician — continued. 

Dental  examiners' act  not  applicable  to  4444. 

Failing  to  issue  death  certificate,  penalty 
2972. 

False  impersonation  of,  penalty  2372. 

Giving  or  prescribing  narcotic,  when  unlaw- 
ful 6544. 

Insane  person,  to  examine,  when  2204. 

Issuing  false  death  certificate,  penalty  2972, 
2986,2987,6551. 

Library  and  certain  property  exempt  5288. 

Must  register  with  local  health  officer  2967. 

Pharmacy  act  not  applicable  to  4512. 
Piers,  eminent  domain  may  be  exercised  for 

5606. 

Pimping,  penalty  for  6445,  6460. 
Pipe  and  pipe  lines  for  manufacture  of  sugar 

beet,  eminent  domain  may  be  exercised  for 

5606. 

Place   of   trial,    civil  action   5011-5015.     See 
Civil  Practice. 

Criminal  action  6393,  6421,  6431,  6908-6920, 

7115-7120.     See  Criminal  Practice. 
Placer  claims,  containing  lode,  how  patented 
2391. 

How  located  2387-2389,  2434,  2435. 

Patents  for,  how  obtained  2383.     See  Mines 

and  Mining. 

Placing  female  in  house  of  prostitution,  for- 
bidden 6445. 
Plaintiff,  rights  and  procedure  affecting.    See 

Civil  Practice. 
Plaster  or  cement  mills,  hours  of  labor  in  6559, 

6560. 

Plat,  lost  or  destroyed,  validated,  how  5639. 
Platforms  of  political  parties,  when  and  how 

adopted  1759,  1760.     See  Elections. 
Plea  to  indictment  7089,  7106-7114.    See  Crim- 
inal Practice. 

Pleadings,  civil  action  5035-5086.     See  Civil 
Practice. 

In  bankruptcy  proceedings  560. 

In  tax  suit  3665-3679. 

Plural  number,  includes  the  singular  5475. 
Plover,  closed  season  for  2089. 
Plumbing  trade,  city  may  regulate  794  (44) . 
Plume  birds,  unlawful  to  kill,  or  destroy  eggs 

6812. 
Plurality  of  votes  cast  at  election  constitutes 

choice  where  not  otherwise   provided  by 

constitution  382. 

Pocket  gopher,  bounty  for  723-727. 
Poison,   administering   with    intent   to   kill, 

penalty  6404. 
Poison,  sale  of,  by  pharmacists,  regulations 

4512,  4513. 

Poisoning  dog,  penalty  6775. 
Poisoning  food,  water  or  medicine,  penalty 

6541. 
Poker,  gambling  game,  penalty  for  playing 

6518. 

Police  court,  appeal  may  be  taken  from  to 
district  court  837. 

Jurisdiction  of  832-835. 
Police  force.     See  Cities,  Towns. 
Police,  public  meeting,  may  be    ordered   to 

attend,  when  2832. 
Police     magistrates,    criminal     proceedings 

against  minors,  duties  741. 
Policemen  for   cities   and  towns,  provisions 
for  839,  840,  888,  903,  908-919. 


Political  and  historical  data  concerning  State 

of  Nevada  428-430, 
Political  party,  candidates  of,  how  voted  for 

1753.     See  Elections. 
Political  power,  inherent  in  people  231. 
Poll  books  for  election,  how  furnished  and 

distributed  1769. 
Poll  lists,  compared  by  inspectors  of  elections 

1787.     See  Elections. 
Polls,  elections,  opening    and   closing    1776, 

1872.     See  Elections. 
Poll  tax  3718.     See  Revenue. 

County  assessor,  ex  officio  collector  3713. 

See  County  Assessor. 
Issuing  fraudulent  receipt  for  3714-3717. 
Legislature  to  provide  for  payment  256. 
Roads  for  benefit  of  256,  3841. 
Soldiers  and  sailors,  not  to  pay  252. 
Pollution  of  streams,  penalty  for  2047,  4716, 

4718,  6547. 
Pools  on  horse  races,  selling  or  dealing  in, 

penalty  for  6518. 
Poor  and  poor  laws  2915-2928. 

Action  by  county,  against  kindred  for  sup- 
port of  poor  2916-2917. 
Counties  to  support  (Const.)  367,2918-2926. 
County  commissioners  to  provide  for  1508, 

2915-2926. 

County,  bringing  or  leaving  pauper  in,  pen- 
alty 2925. 

County  workhouses  may  be  established  2924. 
Intemperance,  bar  to  support,  when  2916. 
Minors,  commissioners  to  apprentice  2919. 
Pauper,  bringing  into  state,  penalty  2928. 
Bringing  or  leaving  in  county,  penalty 

2925. 

Entitled  to  relief,  when  2922. 
Relief,  county  where  resident,  liable  for 

2922. 

Relief,  when  not  entitled  to  2923. 
Residence,  satisfactory  evidence  of  2921. 
To  be  removed,  when  2922. 
Transporting  of,  unlawful,  penalty  2925. 
Relatives  to  support  in  certain  cases  2916, 

2917. 
Sick  paupers,  death  and  burial,  allowance, 

2920. 

State,  bringing  pauper  into,  penalty  2928. 
Support  of,  commissioners  to  superintend 

2915. 

Support  of,  poor,  act  construed,  terms  de- 
fined 2927. 

Temporary  relief  to  paupers  2922. 
When    county  may  recover  for  relief  fur- 
nished pauper  of  another  county  2922. 
Posse  comitatus,  refusal  to  join,  penalty  6606. 
Possessing  or  receiving  counterfeit  gold  bars 

or  other  material  6687. 
Possession,  actions  affecting,  procedure.  See 

Civil  Practice. 

Lands  and  tenements,  legislature  may  con- 
fer power  on   justice's  court  in    action 
where    relation  of  landlord  and  tenant 
exists  or  where  possession  is  unlawfully 
.  withheld  or  obtained  323. 
Of  real  property  presumed  in  legal  owner 

4955. 
Property  sold  for  taxes  or  obtained  by  tax 

deed,  secured,  how  3666. 
Real  estate  or  mining  claims,  supreme  court 
has  appellate  jurisdiction  of  (Const.)  319. 


2501 


INDEX 


Presidential  electors 


Possession — continued. 

Real  property,  district  court  has  jurisdic- 
tion in  cases  involving  321. 

What  constitutes  4955-4963.  See  Civil  Prac- 
tice. 

Possessory  claim,  action  for,  may  be  main- 
tained or  defended  5849-5856.  See  Civil 
Practice. 

Conveyance  of  1090. 

Possessory  right,  to  public    lands,  improve- 
ment required  585L'. 
Postage,  papers  and  stationery  for  members 

of  legislature,  state  to  pay,  when  291. 
Posthumous  children,  effect  of  convevance  on 
1058,  1059. 

Rights  of  6129. 
Posting   bills   or  advertisements    unlawfully 

6754. 

Posting  for  not  fighting  duel,  penalty  6425. 
Postponement  in  actions,  secured  how,  pro- 
cedure affecting.     See  Civil  Practice. 
Powder.     See  Explosives. 
Power  company,  may  condemn  for  right  of 

way  2138. 

Power  district  judge  in  vacation  4850. 
Power  lines  and  plants,  when  eminent  domain 

may  be  used  for  5606. 
Power  of  attorney.     See  Conveyances. 

By  wife  LMS7. 

Form  and  requisites  1041. 

Recorded  in  office  of  county  recorder  im- 
parts notice  1093. 

Revocation  of  1042. 
Power,  political,  inherent  in  the  people  231. 

Of   county,  sheriff   may   command,  when 

2833,  2840. 
Powers  of  Congress  111-128. 

Of  government,  distribution  of,  no  person 
in  one  department  exercises  powers  in 
another,  exception  (Const.)  258. 

Reserved  to  states  180. 

Practice.  See  Civil  Practice,  Criminal  Prac- 
tice. 

Of  courts  of  justice,  local  or  special  laws 

relating  to,  invalid  278. 
Prairie  wolf,  bounty  for  718-722. 
Preamble  constitution  ^229. 
"Precept"  issued  in  name  of  state,  court  or 

judicial  officer  is  "writ,"  when  5475. 
Precincts  of  election,  how,  when  and  where 

established  1768.     See  Elections. 
Precinct  officers,  elected,  by  whom  2773.    See 

Elections. 

Preferred  claim,  procedure  for  recovery  of 
wages  as  5494. 

To  extent  of  wages  for  death  or  injury  under 
employers'  liability  act  1926. 

When  wages  are  5493,  5494. 
Preferred  stock  of  corporations,  restrictions 

1114.     See  Corporations. 
Pregnancy,  advertisements  designed  to  pre- 
vent, penalty  for  6451-6455. 
Pregnancy  of  defendant,  death  sentence  sus- 
pended 7276-7278. 
Prejudice,  exception  to  be  disregarded  unless 

prejudicial  5315. 

Preliminary  examination,  after  demurrer 
sustained  7101. 

After  discharge  from  indictment  7092. 

Adjournment  6973,  6974. 

Bail,  minimum  for  felony  6989. 


Preliminary  examination — continued. 
Bail  on  7313,  7316. 
Closed  doors,  when  6985. 
Commitment  of  defendant,  form  of  6987- 

6992. 

How  executed  6991. 
Counsel,  right  to  have  6970-6972. 
Defendant,    informed   of   right   to    make 

statement  6978. 
May  become  witness  6983. 
Statement  of,  form  and  authentication 

6983. 
Statement,  waiver  of  cannot  use  against 

r>'.)79,  6983. 

Discharge,  form  or  order  6986. 
Magistrate,    inform    defendant   of   rights 

6970,  6978. 

Return  of  proceedings  6998. 
Of  corporation  7406,  7407. 
Statement  of  defendant  6978-6982. 
Stenographer  may  be  employed,  compensa- 
tion 6977. 

Testimony,    filed    with    clerk    of    district 
court  6977. 

Used  on  trial  or  habeas  corpus  6977. 
Witnesses,  examination  of  6977. 
Exclusion    during   examination    of   de- 
fendant  or   security   for   appearance 
6993-6997. 
Subpena  for  <>!>7<;. 
Without  surety,  conditionally  examined 

6997. 

Who  may  attend  6985. 
Premises,  occupancy  of  pending  proceedings 

under  eminent  domain  5613. 
Prepared  copies,  fee  for  certifying  to  same 

L'04f,. 

Prescription   for   narcotic,   making  or   pre- 
senting false  or  fraudulent  6545. 
Presenting  for  audit  or  payment  fraudulent 
claim  against  state,  county,  city,  town  or 
school  district  6715. 
Presentment  or  indictment  (Const.)  237,  7021- 

7047.     See  Criminal  Practice. 
President  of  corporation,  deposition  may  be 

taken  5454. 

President  of  the  senate,  lieutenant-governor 
ex  officio  to  be,  when  other  person  may 
be  elected  291,  310,  2808,  2809,  4250. 
President  of  state  board  of  health,  appoint- 
ment and  duties  2952,  2954.  See  Public 
Health. 

President  of  United  States,  to  appoint  offi- 
cers for  land  districts  2405. 
President  of  university.     See  University  of 

Nevada. 
President  pro  tempore  of  senate  to  act  as 

governor,  when  310. 
Presides  over  joint  meeting  of  two  houses 

on  election  of  U.  S.  senator  1912. 
Presiding  officer  of  legislature  to  give  notice 
of  receipt  of  depositions  and  papers   in 
election  contest  for  member  of  legislature 
1821. 
Presidential    electors,    ballot    for    president 

and  vice-president  2771. 
Congressional  control  over  143. 
Convene,  wnere  and  when  2770. 
Election  of  141-143,  182,  2765,  2767-2769. 
Federal  constitution,  provisions  concern- 
ing 141-143,  182.     See  Elections. 
Officers,  certain  not  eligible  for  141. 


Presidential  electors 


INDEX 


2502 


Presidential  electors — continued. 

Returns,  how  transmitted  2771. 

Number  and  election  2767,  2769. 

Vacancy  in,  how  filled  2770. 
Press,  freedom  of,  guaranteed  171,  238. 
Presumption  of  innocence  6277,  7163. 
Presumption  of  value  of  ore  extracted  from 

mine,  what  5509. 

Pretended  heir,  production  of  6370. 
Prevention  of  procreation  6293. 
Prevention   of   public   offenses,    duties   and 

means  6862,  6863. 

Primary  election,  direct  nomination  of  can- 
didates by  1736-1766.     See  Elections. 
For  delegates  to  convention  to   elect  dele- 
gates  to   national    convention    1737.     See 

Statutes  1883,  p.  28,  Cutting's  Compiled 

Laws,  sees.  1678-1692,  continued  in  force 

by  Revised  Laws  1737. 
Principal,  defined  6274. 
Principal  and  accessory,  defined  6275,  7071, 

7072. 
Principal   of  schools  3305(11),   3310,   3312. 

See  Public  Schools  3239-3478. 
Principal   office  of  corporations,   where   lo- 
cated 1118-1120.     See  Corporations. 
Printed  papers  and  transcripts.     See  Civil 

Practice. 
Printed  statutes,  presumption  of  correctness 

5413. 
Printing  commissioners,  board  of  4328.    See 

State  Printer. 
Printing     or     furnishing     imitation     ballot 

paper,  penalty  1859. 
Printing,  public,  what  may  be  done  outside 

of  state  printing  office  4320.     See   State 

Printer. 
Printing   taxpayers'    list,    to   be   paid,    how 

3632. 

Private  secretary  to  governor,  clerk  of  board 
of  assessors  4192. 

Clerk,  capitol  commissioners  4192. 

Compensation,  duties,  term  of  office  4190- 
4192,  4392.  7634. 

Salary  of  4392. 

Secretary  board  of  pardons  7623. 

Secretary  board  of  parole  commissioners 

7634. 

Prior  offenses,  what  law  governs  6296. 
Prior  right  to  unappropriated  water,   how 

acquired  4678.     See  Water  4672-4791. 
"Prison,"  word  includes  what  6294(27).  See 

State  Prison  and  Jans. 
Prisoner,  aiding  to  escape  6340. 

As   witness,    how   brought,   deposition   of 
5442,  5443,  5444. 

Custodian  suffering  escape  1657,  6341. 

Escaped,  concealing  6343. 

Escaping  from  custody  6338. 

Escaping  from  person  or  jail  6339. 

Inhumanity  to  2818. 

Limitations  of  actions,  disability  of,  how 
affects  4966,  4976. 

Rescue  of  6336. 

Trial  of  other  offenses  pending  term  6818. 

Unlawful  communication  with  6373,  6817. 

Witness   may   be.    court   order   for   7349, 
7363,  7459.     See  State  Prison  and  Jails. 

Word  includes  whom  6294(26). 
Private  books  or  accounts,  failing  to  make 

entry  or  fraudulent  entry  with  intent  to 

defraud  6711. 


Private  statute,  how  pleaded  in  indictment 

7063,  5072. 

Private  writings,  how  proved  5414,  5415. 
Prize  fight.     See  Glove  Contest  3881-3889. 

City  may  prevent  794(75). 
Probate  courts  of  territory,  cases  in,  trans- 
ferred to  state  district  courts  407. 
Probate  practice  and  procedure  5857-6144. 
See    Estates   of    Deceased   Persons   5857- 
6148. 

Probate  register  6103. 

Probation  committee,  powers  and  duties  734. 
Probation  officer  733,  763,  777. 
Appointment,  duties,  who  to  recommend 

733.     See  Juvenile  Court  Law  728-756. 
Proceeds  of  mines,  assessment  of  352,  3687- 

3709.     See  Revenue,  Mines  and  .Mining. 
Procedure  in  actions  at  law.    See  Civil  Prac- 
tice. 
Proceedings     supplementary     to     execution 

5307-5314,  5787. 

Proceeds  of  mines,  delinquent  taxes  on.  ac- 
tion for.  district  attorney  to  bring,  when 
and  where,  damages,  penalties,  complaint 
and  answer  3707-3709. 

Process.     See  Civil  Practice,  Criminal  Prac- 
tice. 

Bankruptcy  proceedings  696. 
Civil,   electors  and  legislators,   when  not 

subject  to  253,  269. 
Criminal,  how  executed  7460. 
Combination  to  resist  6605. 
Obedience    to,    courts    may    compel    2833- 

2835,  4864. 

Resistance  of,  contempt  2833,  2834. 
Style  of  shall  be  "State  of  Nevada"  328. 
Process  of  law,   due,  necessary  to   deprive 

of  life,  liberty  or  property  237. 
Proclamation  of  governor  for  state  organiza- 
tion 221-21':;. 

Proclamation   of  President   Lincoln   on   ad- 
mission of  Nevada  430. 
Procreation,  prevention  of,  prohibited  6293. 
Prohibited  act.  commission  of,  misdemeanor 

6288. 
Prohibition,    writ    of    procedure    5708-5713. 

See  Civil  Practice. 
Supreme  court  may  issue  319,  4834. 
Promissory  note,  action  by  assignee  before 
due.  not  right  of  set-off  4988.     See  Ne- 
gotiable Instruments. 

Or  other   instrument,   when   admitted   in 
justice's  court,   unless  denied   by  veri- 
fied answer  5770. 
Parties    and    liability    of    in    actions    on, 

schedule  of  sections  2548. 
Promotion    stock    of    corporations,    defined 

1334. 
Proof.     See  Civil  Practice. 

Of  annual  labor  on  mining  claims,  need 

not  be  sworn  to,  filing  and  recording,  fee 

for  2046,  2445.     See  Mines  and  Mining. 

Property.     See  Real  instate. 

Actions    affecting,    procedure.     See    Civil 

Practice. 
Defined  6294(9). 
Exempt  from  taxes,  what  3621. 
Foreigner  who  is  bona  fide  resident  has 
same  rights  to  as  native-born  citizen  245. 
(iivenor  bequeathed  to  state,  when  pledged 

to  educational  purposes  355. 
In  custody  of  officer,  taking  of  6337. 


2503 


INDEX 


Public  documents 


Property — continued. 

Malicious  injury  to  r,7<;<>-<;7( '>:_>. 

Not  to  l>e  molested  on  account  ot  religions 
sentiment  22X. 

Of  corporations  subject  to  taxation  same 
as  that  of  individuals,  of  corporations 
formed  for  municipal,  charitable,  relig- 
ious or  educational  purposes  may  be 
exempted  by  law  339. 

Of  debtor,  reasonable  amount  to  be  ex- 
empt from  execution  243. 

Of  Territory  of  Nevada  vested  in  state 
388. 

rerson  shall  not  be  deprived  of  without 
due  process  of  law  237. 

Restored  to  owner  005O.  0051.  7448. 

Right  of  arquiring.  possessing  and  pro- 
tecting 230. 

Shall  not  be  taken  for  public  use  without 
just  compensation  having  been  first 
made  or  secured,  exception  237. 

Sold   for  taxes.      See  Revenue. 

Subject  to  mortgage  or  lien  sale,  removal 
or  destruction  thereof  07(H>. 

Value  over  s:;o<>.  supreme  court  has  appel- 
late jurisdiction  319. 
Prosecutions,    to    be   conducted    iii    name   of 

'•The  State  of  Nevada"  32s. 
Prospector,  cabin,  tools.   ,iorses  and  certain 
other  propert  v  of.   exempt    from  execu- 
tion 52xx. 

May  enter  state  lands  3220. 

Mav  enter  upon   private  land,   when  2150. 

IM.-.S.  :><•>(  u;-r,r,29. 
Prostitution,  crimes  in  relation  to  Oil.'.. 

House  of.  habitually  resorting  in  01  on. 

House  of.  near  schoolhouse  3157.  0510. 

Trial  for  crimes  concerning  evidence  7178. 

See  1  louses  of  Prost  itut  ion. 
Protest    of   bill   ol    exchange  2005.   2099-2707, 

2747.    27  IS.   2755.      See    Negotiable    Instru- 
ments. Notary  Public. 
Protection,    child    adopted    entitled   to   5X20. 

5829. 
Protestant    Episcopal  Church,   incorporation 

of  1425-1  i.Ti. 
Provisional     remedies,    district    court    5087- 

5194:    justice's  court  r>744-."i7r,::. 
Provoking  assault  0415. 

Public,  administrators,  actions  affecting, 
procedure.  See  Civil  Practice,  Estates 
Deceased  Persons. 

Buildings,  doors  to  swing  outward  6581. 

P.uildings  and  grounds,  eminent  domain 
may  be  exercised  for  .1006. 

P.uildings.  malicious  injury  to  6752. 

Conveyance,  disturbance  upon  6611. 

Conveyance,  failure  to  pay  fare  6611. 

Health,   crimes  against   0529-0560. 

Interest,  when  officer  not  required  to  dis- 
close or  testify  regarding  5428. 

Nuisance,  defined  0501. 

Nuisance,  maintaining  or  permitting  0561, 
6504. 

Officer,  unlawful  intrusion  into  or  refusal 

to  surrender  6332. 

Publication,  accurate  statement  of  receipts 
and  disbursements  of  public  money  to 
be  made,  how  277. 

Constitutional  debates,  provided  for,  how 
410. 


Publication — continued. 

Proposed     amendments     to     constitution, 

when  to  be  made  383. 
Statutes  and  decisions  of  supreme  court, 

legislature  to  provide  370. 
Public,  or  corporate  seal, counterfeiting  6685. 
Record,    failure    to    make    true    entry    or 

making  false  entry  0004. 
Records,    removal,    destruction    or    injury 

to   L'S  17.    0344.    0345. 
School,  disturbance    of   3452,    3453,   6599, 

eeoa 

Service  companies,  certain  acts  against  to 
injure  or  defraud  0732,  0",.,.',.  0735. 

Service  companies,  injuring  or  defrauding, 

penalty  0732.  6733,  3785. 
Public  administrator.  See  Officers  Generally. 

Actions,  may  institute  1022. 

Administration,     letters    of,     entitled    to, 
when    1020.  5X94. 

P.ond.  oath  and  qualifications   1010.  2786. 

IJond.  new  may  be  required,  when  1616. 

Civil    officers    and    others    to    furnish    in- 
formation to  1(522. 

District  judge  to  report   to  101X.  102O. 

Duties  and   powers    1(517. 

Election  of  (Const.)  21 M).    1015.  J705.  2773, 
2781. 

Escheats,  disposition  of  1019.  1025. 

Estates,  law  of  governs   1023. 

Estates,   settlement  of    1019,   5X57-0147. 

Expenditures,  not  to  be  interested  in  1620. 

Expiration  of  oliice.  books  and  records,  to 
surrender   1027. 

Letters     of     administration,     entitled    to, 
when,  what   rank   1020.  5S'.H. 

Malfeasance  or  misfeasance  in  office  1621. 

Monthly  statement  of  fees,  to  render  2021. 

Now  bond  of.  may  be  required,  when  1616. 

(Qualify,  when  1(524. 

Records  and  documents,  altering  or  steal- 
ing 2817. 

Records,   refusal   to  surrender  at  end  of 
term  2S19. 

Resignation -ami  vacancy  2787,  2801,  2813. 

Reports  to  district  judge  1618,  1620. 

Term,  when  begins  27X0. 
Public  arms,  legislature  to  provide  for  safe- 
keeping ."><;::. 
Public  defense,  no  limit  to  debt  which  state 

may  incur  for  350. 
Public  documents  and  reports  2929-2951. 

Books  to  be  stamped  29::*;. 

Decisions,    reporter  of,  clerk  of  supreme 
court  to  be.  compensation  2950. 

Furnished  to  whom  2932. 

Law  books,  distribution  of  2934. 

Law  books,  price  of  2937. 

Legislature,    Nevada    reports    for    use   of 
2938. 

Legislative  session  laws,  journals  and  ap- 
pendix,  distribution  of  4335-4338. 

Newspapers,  to  receive  statutes  and  jour- 
nal 2933. 

Receipts,  secretary  of  state  to  demand  and 
receive  for  all  delivered  2935-2939. 

Register  of  university,  regents  to  submit 
to  governor,  when  2929. 

Report,  board  of  control,  experiment  sta- 
tion, to  send  to  governor,  when  2929. 

Reports,  board  of  examiners  to  examine, 
edit  and  revise  29:50. 


Public  documents 


INDEX 


2504 


Public  documents  and  reports— continued. 
Controller,    to    send    original    draft    to 

governor,  when  2929. 
Governor  to  submit  same  to  board  of 

examiners  2930. 
Number  to  be  printed  2930. 
State  printer  to  print  2931. 
Treasurer  to  send  original  draft  of  to 

governor,  when  2929. 
When  prepared  and  filed  2929. 
Return  of,  copies,  when  made  2940. 
Revised  Laws,  distribution  of  1015. 
Session  laws,  journals  and  appendix,  dis- 
tribution of  4335-4338. 
Supreme  court  reports,  by  whom  and  in 

what  manner  published  2941. 
Citation   of   points   and   authorities   to 

contain  except  2946. 
Distributed,  to  be  turned  over  to  suc- 
cessor in  office  2945. 
Extra  copies  of  2948. 
Free  copies,  distribution  2951. 
Price  per  volume  2942. 
Secretary  of  state  to  sell,  price  of  2951. 
Size  of  volumes  2947. 
Title  of  volumes  2949. 
Volumes  retained  29^5. 
Who  entitled  to  receive  2944. 
Township  officers  to  receive  2934. 
Public  funds  of  any  character  not  to  be  used 

for  sectarian  purposes  362. 
Public  health  2952-3003. 
Act  providing  recording  births  and  deaths 

2983-2987. 

Appropriation  for  carrying  into  effect  pro- 
visions public  health  act  2977. 
Article  or  animal  diseased  or  unhealthy 

forfeited,  how  2993. 
Attorney-general,     duties     under     public 

health  act,  what  2973. 
Birth   certificate,   duties   of   local    health 

officer  regarding  2970. 
What  to  contain  2965. 
Birth,   registered  how,  by  whom,   where 

2963,  2983-2987. 
Still,  recorded  how,  by  whom  2975,  2983- 

2987. 
Body  not  to  be  interred  without  proper 

permit,  when  2962,  2983-2987. 
Burial  certificate  must  issue,  when,  pro- 
viso, what  2974. 

Burial  permit,  what  to  contain  2961. 
Calf,  age  limit  before  sale  2991. 
Certificate,  birth  made  out  by  whom,  when 

2964. 

Birth,  what  to  contain  2965. 
Death,  regulations  regarding  2958. 
Death,   where   no   medical   attendance, 
how  issued,  contain  what,  investiga- 
tion, how  conducted  2959,  2960. 
Must  be  procured  state  board  of  health 
to  bring  live  stock  into  state,   how, 
when  2988. 

Certificates    birth    and    death    filed,    re- 
corded, when,  where  2985. 
Certified     copies     certificates     births     or 
deaths  issued  by  state  board  of  health 
to  whom,  when,  fee  2971. 
Cities  under  general  act,  power  of  con- 
trol 794(56). 

Contagious  diseases,  act  preventing  same 
2996-3003.     See  Contagious  Diseases. 


Public  health — continued. 

County  board  of  health  created,  who  to 
constitute  2981. 

County  board  of  health,  duties,  what  2982. 

County    commissioners,    appoint    quaran- 
tine officers,  when  2997. 
Duties  prevent  contagious  diseases,  must 
act,  when  2996. 

Diseased   animal,   not   to   be   sold,   when 

2989,  2990. 
Poultry,  fish,  game,  not  allowed,  penalty 

2988-3003. 

Prohibited    from    entering    state    2988- 
3003. 

Diseased  meat  not  to  be  exposed  for  sale 
2989-2990. 

District  attorney,  duties  under  public 
health  act  2973. 

Duties  and  salary  state  board  health, 
designated  2954. 

Duties  county  board  of  health,  what  2982. 

Duties  physician  or  midwife  relative  cer- 
tificate of  birth,  what  2964. 

Duties  secretary  board  of  health,  what 
2955,  2969. 

Duties  third  member  board  of  health,  sal- 
ary, what  2956. 

Failure  to  obey  quarantine  regulations, 
what  2990-3000. 

False  certificates  issued,  penalty  for,  what 
2987. 

Fee  for  certifying  to  certificate  death  or 
birth  by  state  board  of  health,  what 
2971. 

Form  of  record  of  birth,  what,  made  by 
whom  2983. 

Form  of  record  of  death,  made  by  whom 
2984. 

Live  stock  not  to  be  brought  Into  state 
until  complying  with  public  health  act 
2988. 

Local  health  officers,  duties  2973,  2970. 
Duties  regarding  birth  certificates  2970, 

2973. 

Salaries  2957. 

To  issue  burial  permits,  when  2970. 
To  supply  blanks  to  whom,  when  2970. 

Meeting  state  board  of  health,  held,  when 
2953. 

Name  of  child  given  birth  certificate,  spe- 
cial blank  given  for,  when  2966. 

Object  act  prevent  spread  contagious  dis- 
eases 2998. 

Offered  for  sale,  defined  2992. 

Patients  suffering  contagious  diseases, 
lawful  to  confine,  when  3001. 

Penalty  issuing  false  certificates,  what 
2987. 

Penalties  failing  comply  recording  birth 
and  death  certificates  2986,  2987. 

Penalties  for  physician,  health  officer  or 
undertaker  violating  provisions  public 
health  act  2972,  2986,  2987. 

Penalties  violation  act  prevent  contagious 
diseases,  what  3003. 

Penalties  violation  livestock  health  pro- 
visions, what  2995. 

Physician  or  midwife,  duties  toward  cer- 
tificates birth  2964. 

Physicians,  midwives  and  undertakers 
must  register  with  local  health  officers, 
when  2967. 


2505 


INDEX 


Public  highways 


Public  health  —  continued. 

President  board  of  health,  duties,  salary 

2954. 
Printing,  state  board  of  health,  material 

furnished  by  whom,  when  2980. 
Public  health  2952-3003. 
Qualifications    members    state    board    of 

health,  what  2952. 
Quarantine    officers   to    be    appointed    by 

county  commissioners,  when  2997. 
Quarantine    regulations    to    be    made    by 

state  board  of  health,  how,  when  3002. 
Quarantine    regulations    violated,    penal- 

i/ed.  how,  when  2999-3000. 
Record,  all  interments  to  be  recorded  by 
whom,  kept  where  iMtr.i',  129S3-2987. 

Birth,  form  of.  made  by  whom  2DS.1',. 

Complete,  of  births  to  be  kept  by  local 
health  officers,  how,  when  2970. 

Of  death,  form  of.  made  by  whom  2984. 

Of  deaths  and  births,  where  filed  2985. 
Salary    secretary   state   board    of    health 


State  board  of  health  created,  constituted, 

how   2!  if!  2. 

Stair  hoard  of  health,  duties  2973. 
Secretary  board  of  health,  duties,  salary, 

what  2i».v.-29r,9.  i>976. 

State  hoard  of  health,   furnish  necessary 
blanks    local    health    officers,    when 
2909. 
Issue    livestock    certificates    to    whom, 

how.  when  2!>9l. 

M  a  ke<  |  uarantine  regulations,  when  3002. 
Supreme  in  health  matters,  when  2978. 
Still  birth  recorded,  how  297.-,.  2983-2987. 
Stock,  live,  not  to  be  brought  into  state 
until  complying  with  public  health  act 
2988. 
Superintendent  of  hospitals  record  statis- 

tics of  inmates  29»W. 
Undertaker,  duties  of,  pertaining  to  cer- 

tificates of  death  2960. 
Veterinary    surgeon,    to   be   employed    by 

board  of  health,  when  2994. 
Public  highways  3004-3062. 
Action  may  be  commenced  by  aggrieved 

parties  on  failure  to  open  3015. 
Bridges  and  culverts,   duties   of  district 

attorney  3024. 
Money   collected,    by   suit,    disposal    of 

3025. 
Persons  conducting  water  across  high- 

ways, to  maintain  3022. 
Bridges,  character  and  necessity  of,  com- 

missioners to  decide  3021. 
Construction,   county  commissioners  to 

advertise,  when  3019-3020. 
Control  of  3017. 
Freeholders  may  petition  for  construc- 

tion of  3020. 
Maintenance  of  3017. 
Maintenance  of,  from  general  fund  or 

special  tax,  when  3018. 
Notice    to    be    given    commissioners    to 

have  work  done  3023. 
Charter  of  toll  road,  provisions  on  expira- 

tion of  3056. 
County    commissioners,    to    cause    to    be 

opened  3004. 

To  control  bridges  and  highways  1508. 
To  furnish  guideboards  for  3026. 


Public  highways — continued. 
Crossing  on  3530. 
Crossings,    powers    of    commissioners    to 

regulate  4555. 

Depositing  or  keeping  unwholesome  sub- 
stance near  6546. 

Exorbitant  toll,  how  remedied  3057. 
Franchises  granted  on  2129. 
Franchises  heretofore  granted,  located  un- 
der this  act  3058. 

Guideboards,    defacing    of,    misdemeanor 
3028. 

Style  of  3026. 

Toll  road,  owners  erect  3027. 
Highways,  county  commissioners  to  open 
3004. 

Eminent  domain  3052. 

What  are  30<M. 

Oath,  supervisor  to  take  3044. 
"Person,"  denned  3062. 
Petition    to    open    road,    procedure   3008, 

3015. 

Private  lands,  appraised  value,  tender  of, 
appeal  3052. 

Value,  how  ascertained  3052. 

Who  may  enter  upon  3052. 
Prisoners,  work  on  by  7601. 
Public  roads  and  streets,  damage  to  by 

water  to  be  prevented  3045. 
Receipts   of   toll    road,   proportion   of   to 

county  3055. 
Repairs  of  toll  road,  failure  to  make,  quo 

warrnnto  3053. 
Right  of  way,  limit  to  3060. 
I  toads  and  streets,  damage  by  water,  pen- 
alty 3046. 
Koad  and  street  work,  how  let  3005. 

To  be  advertised,  when  3005. 
Road   districts,   county   commissioners  to 
disorganize,  when  3011. 

Established  in  certain  counties  3037. 

Funds,  poll  taxes  for  3841. 

How  created  3011. 

To  remain  until  disorganized  3011. 
Road  fund,  amount  of  tax,  may  be  worked 
out,  compensation  3014. 

Created  3006. 

Disbursement  of  3007. 

How  created  and  maintained  3014. 

Money,  how  expended  3013. 

Tax  may  be  levied  for  3014. 

Taxes  for,  board  of  county  commission- 
ers to  levy  3006. 

Transfer   of    money    from,    how   made 

3012. 

Road  inspector,  compensation,  Elko  County 
rate  3026. 

Compensation  fixed  by  county  commis- 
sioners 3033. 

Compensation,   when  given,   paid  from 
3032. 

County  commissioners  may  appoint  3030. 

Duties  of  3029. 

Relative  to  compensation  of  3031. 
Road    opened,    action,    parties    aggrieved 

may  commence  3015. 
Road,  opening  of,  damages  3008. 

Opening  of,  duty  of  county  commission- 
ers 3008. 

Opening    of,    viewers    to    be    appointed 
3008. 

Petition  to  open  3015. 


Public  highways 


INDEX 


2506 


Public  highways — continued. 

Road  supervisors,  compensation,  how  fixed 

3037,  3039. 
Duty  of  3043. 

In  certain  counties,  county  commission- 
ers to  appoint,  when  3042. 
In    certain    counties,    how    determined 

3041-3044. 

Office  of,  abolished  3010. 
To  appoint,  duty  of  county  commission- 
ers 3040. 

To  be  elected,  when  3038. 
Road,  when  opened,  viewers,  how  selected 

3015. 

Width  of,  county  commissioners  to  es- 
tablish 3016. 

Width  of,  not  to  exceed  3016. 
Road  work  by  convicts,  part  expense  to 
pay,  skilled  labor  to  employ,  bridges  and 
structures  to  build  7601. 
State   engineer,    supervision   of   work   by 

convicts  7601. 

Street  improvement  bonds  991-998. 
Streets  and  alleys  877. 
Improvement  of  922-839. 
Obstruction  of,  fine  3009. 
Stream  diverted  to  flow  across  unlaw- 
ful, penalty  3009. 
Toll  bridges  3059. 

Toll-road  certificate,  contents  of  3050. 
Toll-road   franchise,    deemed,    rights   and 

privileges  3051. 
Toll-road  keepers,  military  not  to  charge 

3047. 
Toll  road,  military  not  to  charge,  penalty 

3048. 
Not  to  interfere  with  road  now  in  use 

3061. 

Rights  of,  not  abridged  by  act  3004. 
Right  to  maintain  forfeited,  when  3049. 
To  be  constructed,  certificate  to  make, 

sign  and  record  3050. 
Work  to  be  commenced,  when  3050. 
Using  road  without  paying  toll,   punish- 
ment 3054. 
Work  on  public  roads,  day's  work  to  be 

3035. 

Work  on  public  roads,  payment  for  3034. 
Public   institutions  for   insane,   blind,   deaf 
and  dumb  to  be  fostered  and  supported 
by  state  365. 

Public  instruction,  superintendent  of,  legis- 
lature to  make  provision  for  election  of, 
term  353. 
Public    lands,    3062-3226.     Carey    act   3063- 

3097. 

Federal  act  3063 :  Liens  in  favor  of  state, 
created,  when — Lands  may  be  tempo- 
•  rarily  withdrawn — Must  be  reclaimed 
and  settled,  when — State  may  make  con- 
tract— State  must  file  maps  and  plans 
of  lands  to  be  reclaimed — Secretary  of 
interior  with  approval  of  president 
authorized  to  contract  and  patent  to 
State  of  Nevada  1.000.000  acres  of  des- 
ert lands  for  reclamation  purposes — 
160  acres  limitation  to  each  settler — 
Additional  1.000,000-acre  grant  to  Ne- 
vada— Patents  to  issue  to  state,  when — 
United  States  limitation  to  commence 
to  run.  when — United  States  not  liable 
for  lien.  (State  act  3064-3097.) 


Public  lands — continued. 

Actions  affecting  public  lands,  procedure. 

See  Civil  Practice. 

Act  of  March  23,  1911,  certain  sections  re- 
pealed 3097. 

Applicants  for  land,  qualifications  of  3080. 
Applications,   assignment   for  withdrawal 
or  segregation,  recognized,  when  3075. 
Covered  by  this  act  3096. 
Final  segregation  may  be  filed  3070. 
Pending  the  temporary  withdrawal  of 
a  segregation,  not  to  be  made  public 
3092. 
Settler,  to  be  accompanied  by  a  contract 

for  perpetual  water  right  3080. 
Temporary  withdrawal,  procedure  3066. 
Temporary  withdrawal  reported  on  by 

state  engineer  3068. 

Temporary    withdrawal    must    be    ap- 
proved by  commission  3068. 
Temporary  withdrawal  filed  in  United 

States  land  office,  when  3068. 
Bonds,  amount  3071. 

Forfeiture  3078. 

Bureau  of  industry,  agriculture  and  irri- 
gation, to  have  control  of  4489. 
Carey  act  trust  fund  3093. 
Conditions  of  Carey  act  accepted  3064. 
Commission,  name  of  3091. 
Suits  at  law  3091. 
To  enter  into  contract,  when  3071. 
To  make  and  enforce  rules  3087. 
Construction,  limitation  of  time  for  3078. 
Of  works  must  be  completed,  when  3072. 
"Works,  state  not  obligated  to  pay  for 

3074. 

Contracts,   certain,   subject  to  these  pro- 
visions 3095. 
For  water  rights  to  be  recorded,  where 

3083. 

Modified,  when  3073. 

Control  of  by  bureau  of  industry,  agricul- 
ture and  irrigation  4489. 
County   clerk   entitled   to   retain   fees   in 

public  land  matters  1614. 
Deferred  payments  on   lands,  default  of 

3084. 

Department    of    Carey    act    lands    estab- 
lished 3088. 

Deposits  to  be  returned,  when  3069. 
Disclaimer  to  all  right  of  public  lands  by 

state  (Const.)  228. 
Extension  of  time,  when  3071. 
Fees,    and    price    of    land    nonapplicable, 

when  3094. 

And  price  of  land  under  prior  act  appli- 
cable, when  3094. 
Deposited,  where  3089. 
Filing,  for  temporary  withdrawal  3067. 
For  final  proof,  where  paid  3081. 
Schedule  of  3089. 

U.  S.  land  office  and  filing,  for  segrega- 
tion 3070. 
Land    may    be    redeemed,    wnen    and    by 

whom  3085. 

Land  open  for  entry  by  settler,  how  de- 
termined 3079. 

Liens  for  deferred  payments  3083. 
Money,  appropriated,  how  3093. 
From  sales,  how  applied  3078. 
To  be  deposited  to  cover  fees  and  costs 
of  surveys,  when  3069. 


2507 


INDEX 


Public  lauds 


Public  lands — continued. 

Max  •relinquish  and  abandon  project,  when 

3069. 
Nevada    bureau   of    industry,    agriculture 

and  irrigation  to  have  control  of  4480. 
Notice,  how  given  3078. 
Patents,  applied  for.  when  3081. 
To    land,    regulations    concerning    issu- 
ance of  3082. 

Payment  for  land,  made  when  3080. 
For  water  right,  made  when  3077. 
I' rice,  of  land  fixed  by  commission  3076. 
Per  acre  of  land  and  water  right  to  be 

stipulated  in  contract  3071. 
Proceeds  of  sale,  how  used  3071. 
Reclamation,  final  proof  made,  how  3081. 
lie-iilations.   of  the  secretary  of  the   in- 
terior 3097. 
Of   the   state   commission    of    industry, 

agriculture  and  irrigation  3097. 
Relating  to  temporary  withdrawal  3097. 

Sale,  of  equity  3071. 

Of  land  when   under   foreclosure,   when 

3084. 
of   lands   under  control   of  commission 

3093. 
Selection,    management     and    disposal    of 

land,  where  vested  :{<M!.~. 
Settler,  limited  to  K5<i  acres  3080. 
Sheriff   to    record    certificate  of  sale  and 

issue  deed,  when  .".nxi;. 
State    engineer,    selecting    a-ent    for    the 

state  3090. 

Services,  hmv  paid  ::o«.M). 
State  register  of  lands  under  the  Carey 

act.  to  have  charge,  of  3088. 
To  appoint  deputy,  compensation  3088. 
To  make  annual   rep->rr  .'JU'.rj. 
Surveyor-general  .".<><;.'>. 
Waiver  of  withdrawal  3070. 
Water  rights  to  attach  to  land  3083. 
Desert  land  laws  : ',150-3 102. 

Acreage  to  be  held  limited,  when  3159. 
Additional  proof  required,  when  3157. 
Additional  time  allowed,  when  3162. 
Amount  of  land  limited  3157. 
Annual  proofs  made,  how  3155. 
Assignment   01    entry   permitted,   when 

3161. 

Contest,  entries  subject  to  3157. 
Desert  land,  act  applies  to  certain  states 

and  territories  3152. 
Definition  of  3151. 
Entries,  who  may  make  3150. 
Entryman,    has   preferred    right,    when 

3160. 
Must  be  actual   resident  of  state  or 

territory  3158. 

Improvements  and  amount  required  3155. 

Maps  to  be  filed,  mode  of  irrigation  must 

show  construction  of  canal  and  ditches, 

may   be   associated  with   others,   when 

3154. 

Patent,  when  issued  3150-3157. 
Price  of  land  3150. 
Prior  valid  rights  not  affected  3156. 
Time  lost  by  entrymen  not  to  be  computed, 

when  3159. 

Unsurveyed  lands  not  allowed  3160. 
Water  appropriation  3150. 


Public  lands — continued. 

Federal    townsites    I!)r».°,-i993.       See   Fed- 
eral Townsites. 
Homestead  laws  3115-3149. 

Additional  homestead  entries  3133. 
Affidavits  of  entrymen  may  be  made  be- 
fore whom,  and  where  taken  3121. 
Agent,  who  may  be.  entered  by  3132. 
Commutation    of    homestead    entry    to 

cash  entry  no  bar  to  subsequent  entry 

3137. 
Enlarged  homestead  or  "dry  farming" 

act  of  320  acres,  provisions  of  3139- 

3145. 

Entrymen.  qualifications  for  3116. 
Entry  limited  to  one  quarter-section  of 

land  312-1. 

Fees  for  entries  and  final  proof  3121. 
Final    proof    notice,    what    to    contain. 

how  published  3149. 

Homestead  entry  may  be  commuted  to 
cash  entry,  when  3127. 

Entry  on  forest  reserve,  and  secretary 
of  agriculture  to  list  lands.  See 
act  of  Congress  of  June  11,  190(5, 
34  U.  S.  Stats.  L.  p.  233  and  Na- 
tional  Forest  Reserve  Use  Book. 

Lands  not  subject  to  debt,  when  3122. 

Lands  revert  to  government,  when 
3123. 

.Mode  of  procedure  3117. 

Soldiers  and  sailors  .">129. 
Leave  of  absence,  when  granted  3147. 
.Military    and    naval    service,    deduction 

from  time  3130. 
Mineral  lands  not  liable  to  entry  under 

homestead  act  :>,128. 
Miners   may    receive   benefits  of,   when 

3126. 
Patent,  limitation  of  time  for  issue  3118. 

Proof  of  residence  and  citizenship 
3118. 

To  issue  to  insane  persons  3146. 

Who  may  secure  3118. 
Persons  in  military  and  naval  service, 

relating  to  3120. 

Placer  claims  not  to  affect,  when  2388. 
Poll  tax  to  be  expended  on  public  roads, 

when  256. 

Preemption  rights  not  impaired  3125. 
Preferred  right  in  contest  cases  3135. 
Race  or  color,  no  distinction  of  3128. 
Reinstatement   on   forest   reserves,    ap- 
plication for  3134. 
Rights  inure  in  case  of  death  3119. 
Reclamation  act  3098-3114. 
Beneficial  use,  the  basis  3105. 
Charges  for  water,  how  determined  3111. 
Conveyance  of  land  by  secretary  of  in- 
terior, when  3114. 

Contracts,    for    construction    of   works 
3101. 

For  excess  water  3111. 
County  commissioners,  duties  of  3110. 
Entrymen,  requirements  of  3102. 
Funds,  how  applied  3106. 
Federal  government  to  cooperate  with 

private  enterprises,  when  3112. 
Irrigation  works,   secretary  of  the   in- 
terior to  locate  and  construct  3099. 


Public  lands 


INDEX 


2508 


Public  lands — continued. 

Lands,  not  required  for  government  use 
in  irrigation  projects,  to  be  sold 
3113. 

Withdrawn  from  public  entry  except 
homesteads  3100. 

Limit  of  acreage  3102. 

Mongolian  labor  not  employed  3101. 

Ownership  of  works  to  pass  to  entry- 
men,  when  3103. 

Payments,  how  made  3102. 

Public  notice  of  irrigable  lands,  to  con- 
tain, what  3101. 

Reclamation  fund,  how  established  and 
appropriated  3098. 
How  used  3103. 

Restrictions  in  the  use  of  water  3112. 

Rights,    acquired    by    condemnation    or 

purchase  3104. 

Of  way  granted  by  state  3108. 
Of  widow  and  minor  children  3130, 
3131. 

Sales   of   lands   within    irrigation   pro- 
jects 3109. 

Second  homestead  and  desert  land  en- 
tries made,  when  3136. 

Secretary  of  interior  authorized  to  make 
rules  and  regulations  3107. 

Settlers,    forfeiting    entry    may    make 

new  entry,  when  3148. 
May  transfer  ror  public  purposes,  be- 
fore patent  issues  3115. 

State  laws  not  interfered  with  3105. 

State  land  patents  must  contain  reser- 
vation of  such  right  of  way  3108. 

Unperfected  entry  no  bar  to  subsequent 
entry,  provisos  3138. 

Vested  rights  3105. 

Water  right  appurtenant  to  land  3105. 

Water  users'  association  3110. 
Timber  and  stone  entries  3163-3167. 

Lands  valuable  for  building  stone,  how 
entered  3166. 

Limited,  acreage  3163. 
To  certain  states  3163. 

Mineral,  coal  or  state  lands  not  to  ap- 
ply to  3163. 

Notice  to  be  published,  when  3165. 

Patent  to  issue,  when  3165. 

Price  of  3163. 

Procedure  to  obtain  land,  penalty  3164. 

Timber  and  stone  lands  defined  3163. 

Water  rights  subject  to  3163. 
Townsites,  Federal  1953-1993.      See  Fed- 
eral Townsites. 

Acreage,    to    be    acquired    under    land 
laws  3169. 

Land  for  reservoir  sites  restricted  3170. 

Limitation   of   acreage   not   to   include 
mineral  lands  3170. 

Offered  and  unoffered  lands,  distinction 
of  to  be  abolished  3168. 

Oil  and  gas  lands  may  be  patented  to 
assignee,  when  3178. 

Penal  provisions  3176. 

Public    lands,    unlawful    enclosure    of 
3173. 

Public  lands,  entry  of  not  to  be  inter- 
fered with  3175. 

Rights  of  way  for  ditches  and  canals 
to  be  reserved  3169. 


Public  lands — continued. 

Rights  of  way  across  public  lands  for 
certain  purposes  3171,  3172. 

Secretary  of  the  interior,  authority  ob- 
tained to  bring  suit,  when  3177. 

U.   S.  district  attorney,  duties  of  and 

jurisdiction  of  court  3174. 
State  land  grants  from  United  States  3179- 
3195. 

Colleges   of   agriculture   and   mechanic 
arts,  support  of  3182,  3186,  3191,  3192. 

Five  hundred  thousand-acre  3179-3184. 

Grants  of  land   and   script  on  certain 
conditions  3183. 

In  lieu  of  preemptions  on  16th  and  36th 
sections  3180. 

Ninety  thousand-acre  3181. 

Railroad  grant,  state  authorized  to  se- 
lect certain  sections  3190. 

Two  million-acre  3193-3195. 

University  3185. 

State  land  register  3196-3216.     See   Sur- 
veyor-General. 

Bond  3196. 

Contract  for  sale  of  land,  terms  of  3203. 

Fees  for  selecting  and  advertising  land 
3219. 

Irrigation  districts,  contracts  affecting 
state  lands,  may  make  with  4787. 

Member  of  board  to  determine  conflict- 
ing applications  to  purchase  land  3208. 

Office,  to  keep  at  capital  3196. 

Office  hours  3196. 

Papers,  plats,  etc.,  open  to  inspection, 
no  fee  3197. 

Seal,  to  use  3213. 

Surveyor-general,  ex  officio  3196. 

Township    plats,    register    to    procure, 

cost  of,  etc.  3197. 

State   land  register,   duties  of,   apply   to 
U.  S.  laud  office  for  land  3200. 

Cancel  application,  when  3200. 

Certify  application  to  controller  3200, 
3201. 

Certify  conflicts  for  purchase  to  district 
court,  when  3208. 

Concerning  application  to  purchase  3199, 
3200,  3201,  3203. 

Contracts,  to  make,  conditions  of,  etc. 
3203. 

Contracts  may  be  renewed  3204,  3222. 

File  treasurer's  receipt  3200. 

Keep    record    of    contracts,    sales,    ap- 
provals, etc.  3197. 

Must  select  land  3210. 

Notify  applicant  to  complete  purchase, 
letter  to  register  3205. 

Overdue  interest  on  contract  to  receive, 
when  3203. 

Plats,  papers,  etc.,  to  keep  open  to  in- 
spection 3197. 

Procure  township  plats  3197. 

Patents  to  prepare,   record  of  to  keep 
3211. 

Regarding  treasurer's  receipts  issued  by 
E.  Rhoades  3207. 

Report    of    applications    and    sales    to 
assessor,  time  for  3199. 

Sales  of  land,  how  made,  selected  land, 
contracts  for  3199,  3200,  3201.  3203. 

Time  of  receipt  to  be  endorsed  on  ap- 
plication 3200. 


2509 


INDEX 


Public  record 


Public  lauds — continued. 

Withdrawn  selections  when  erroneously 

made  3212. 
State  lands  3196-3226. 

Amount  purchaser  may  buy  3209. 
Advertised,  when  selected  within  six  miles 

of  mineral  location  3202,  3219. 
Applicants  for  state,  affidavit  3200. 
Applicant  to  have  exclusive  possession 

3224,  3225. 
Applications    to    purchase,    in   writing, 

what  to  state,  etc.  3199. 
Application  for,  to  be  canceled  3200. 
Affidavit  of  occupancy  to  be  filed  in  con- 
test for  purchase  3208. 
Artesian    well,    sinking   of,    gives   pre- 
ferred right  to  purchase  3208. 
Claims,  how  allowed  3215. 
Conflicting    applications    to    purchase, 

proceedings  3208. 
Contest   cases,    how   disposed   of   3217, 

3218. 
Contract  for  purchase,  sale  of  by  estates 

of  decedents  6010-6013. 
Contract  for  purchase,  terms,  forfeiture, 

etc.  3203,  3204. 

Contractor  for,  to  have  exclusive  pos- 
ion  same  as  owner  in  fee  3224, 

3225. 
Erroneously    listed,    relinquishment    of 

by  state  3212. 
Fees  to  be  paid  by  applicant  to  purchase 

3202,  3219. 
In  mineral  township  to  be  advertised, 

time,  fee  3219. 
Mining  rights  reserved  on  2546,  2457, 

3226. 

Xonniiueral    affidavit   required   of   pur- 
chaser, expense  3200. 
Occupant   has   preferred   right   to   pur- 
chase, who  deemed  occupant  3208. 
Patent  for,  form  of,  signed  by,  record 

to  be  kept  of,  may  be  recorded  3211. 
Patent  rights  inure,  when  3222. 
Patents   issued  to   deceased   applicants 

3223. 

Partial  payments  on,  forfeited  3205. 
Preferred  right  to  purchase,  what  gives 

3208. 

Purchaser,  how  to  proceed  3199-3203. 
Price  of  3198. 

Proceeds  of  sales  to  be  invested  3214. 
Prospector  may  enter  land  2456,  2457, 

3226. 
Seal    of   land   office    imparts   verity   to 

papers,  maps,  etc.  3213. 
Selected  land,  how  sold  3201. 
Simultaneous  applications  for  3208, 3220, 

3221. 

Timber  land,  not  sold  on  contract  3203. 
Timber,    unlawful    cutting   on,    penalty 

2116. 

Title  conveyed  by  patent  3211. 
Township    plats,    cost    of,    register    to 

procure  3197. 
Unlocated  warrant  may  be  surrendered 

in  payment  for  3206. 
Within  limits  of  Central  Pacific  grant, 

price  of  3198. 
Within   six   miles  of  mineral   location, 

fees  for  advertising  3202. 

158 


Public  libraries.  See  District  School  Libra- 
ries indexed  under  Public  Schools  3393- 
3397,  State  Library  3946-3964. 

Act  to  establish  free  3227-3231. 

Cities  may  establish  794(61). 

Claims  against,  how  paid  3230. 

Commissioners  to  levy  tax  for  3227. 

Free,  rooms  to  be  3231. 

Petition  to  establish  3227. 

Rooms  to  be  free  3231. 

State  board  of  education  to  appoint  trus- 
tees 3228. 

Tax  levy  for  limited  3227. 

Trustees  of,  how  appointed,  term,  no  com- 
pensation 3228. 

Trustees,  powers  of  3229. 
Public  moneys,   bonds  and  securities,   how 

kept  by  state  treasurer,  how  paid  out,  not 

to  be  used  by  4372. 
Public  meeting,  police  force  may  be  ordered 

to  attend  28:12. 

Public  offenses,  how  prosecuted  6854. 
Public  officer.     See  Officers  Generally. 

Asking  or  receiving  bribe  6331. 

Asking  or  receiving  excessive  fee  or  com- 
ponsation  or  where  none  is  allowed  6738. 

Blackmail  of  <.7.">t>. 

Conviction  forfeits  trust  6287. 

Failing  in  duty  to  pay  over  money  6658, 
6659. 

Failure  of  duty,  misdemeanor  6289. 

Falsely  personating  4291,  6734. 

Fees  and  salaries  of,  subject  to  attach- 
ment and  execution  2864. 

Forging  or  counterfeiting  signature  of 
6685. 

Interested  in  contract  for  public  812,  1522, 
6881'. 

Knowingly  making  false  or  misleading 
statement  in  official  report  or  statement 
C>349. 

Making  false  certificate  6375. 

May  be  recalled  if  sec.  8,  art.  ii,  is 
amended  as  proposed  257. 

Misconduct  of  6331. 

Obstruction  of  6805. 

Recalled,  imay  be,  if  constitution  is  amended 
as  proposed  257. 

Removal  of,  otherwise  than  by  impeach- 
ment 6894. 

Resisting,  delaying  or  obstructing  4291, 
6362. 

Unlawful  to  be  interested  in  purchase  at 
sale  made  officially  2828. 

Violation  of  duty  6828. 

When  not  required  to  testify  as  witness 
5428. 

When  statute  of  limitations  does  not  run 

during  term  2866. 

Public  parks,  eminent  domain  may  be  exer- 
cised for  5606. 

Public  printing.     See  State  Printer. 
Public   prosecutor,    district   attorney   desig- 
nated as  1595,  1596. 
Public  record,  of  this  state  or  the  United 

States  other  than  judicial  in  custody  of 

public  officer  or  certified  or  verified  copy 

may  be  read  in  evidence,  when  5409. 
Public  record,  docket  and  papers  must  be 

delivered  by  justice  of  peace  to  successor 

5803. 


Public  records 


INDEX 


2510 


Public  records  open  to  inspection  and  copy 

.  3232. 
Public  roads,  poll  tax  to  be  expended  upon 

when  (Const)  256. 
Public  safety.  See  Crimes  and  Punishments 

6561-6591,  Explosives  1946-1948. 
Action  against  party  failing  to  fence  dan- 
gerous excavation  3235,  3237. 
Excavations   for  mining   and   other   pur- 
poses to  be  fenced,  liability  for  failure, 
duty  of  county  commissioners  3233-3238. 
Writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  necessary  for  in  case  of 
rebellion  or  invasion  234. 
Public  service  commission,  actions  affecting, 
procedure.     See  Civil  Practice. 

PUBLIC  SCHOOLS 

Act  construed  3460. 
Acts  repealed  3461. 

Appeal.  See  Superintendent  of  Public  In- 
struction. 

Apportionment.     See  Funds,  School. 
Arbor  dav,  observation  of,  governor  to  desig- 
nate 3349,  3350. 
Attorney-general,    legal    adviser    of   deputy 

superintendents  3355. 
Legal  adviser  of  superintendent  of  public 

instruction  4130. 

Shall  bring  action  for  text-book  commis- 
sion, when  3406. 

Board  of  regents  of  state  university.  See 
Constitutional  Provisions  and  University 
of  Nevada. 

Bonds,  school  district,  amount  of  to  be  de- 
termined by  board  of  school  trustees, 
when  3432. 

Election  to  be  held  for  issuance  3432,  3441. 
Election  notice  for,  must  contain  3433. 
Election  for,  how  conducted  3433. 
Issued  for  what  purposes  3431,  3440. 
Issuance  of  to  be  determined  by  voters 

of  district  3432. 

Maturity  of,  limited  to  twenty  years  3433. 
Registration  of  3436. 
Sale  of  3434. 
Signing  of  3435. 
Sinking  fund  for  payment  of,  to  be  created 

3437. 
Security  of,  not  affected  by  changes   in 

boundaries  of  district  3438,  3442. 
Tax  for,  to  be  levied  by  county  commis- 
sioners 3437. 

Tax  levy  for,  lien  on  property  3439. 
To  be  called  in  by  county  treasurer  and 

paid  at  maturity  3437. 
Bonds,  school  fund  to  be  invested  in  state 

and  United  States  355. 
Census  marshals  3361-3372. 

Appointed,  how  and  when,  eligibility  3361. 
Appointment  of  special,  for  regular  cen- 
sus, when  3370. 
Appointment  of  special,   in  new  districts 

3319,  3331. 
Blanks  for  3362. 
Compensation  of,  amount  (maximum)  of, 

determined  by  statute  3372. 
Bill  not  to  be  paid  until  deputy  superin- 
tendent has  approved  report  3372. 
Bill  to  be  made  out  against  county  3372. 
Bill  to  be  paid  by  county,  when  3372. 


Census  marshals — continued. 
Duties  of  3363. 

Shall  distinguish  resident  children  from 

nonresident  3363. 
Shall   enumerate   all    resident   children 

3363. 

•    Shall   report  to  clerk  of   school   board 

and  deputy  superintendent  3367,  3368. 

Shall  take  school   census  in  month  of 

April  3363. 

Shall  visit  each  home  and  may  adminis- 
ter oath  3364. 
Report  of,   penalty  for  negligence  of  or 

fraud  in  3371. 
To   be  certified  to  and  transmitted  to 

deputy  superintendent  3367. 
To  be  completed,  when  3368. 
To  be  examined  and  corrected  by  deputy 

superintendent  3369. 
To  be  examined  by  clerk  of  school  board 

3367. 

To   be   separately   made   for  joint  dis- 
tricts 3366. 

To  contain  what  3365. 
Shall   report  to  county  clerk   in  general 
election  years  persons  subject  to  mili- 
tary duty  3981. 

Special   census  marshal  for  regular  cen- 
sus, when  3370. 

Special   census  to  be  taken   in  new   dis- 
tricts 3319,  3331. 

City  superintendent,  office  created  for  dis- 
tricts of  first  class  3315. 
Powers  and  duties  of  3315,  3305(15). 
Qualifications  of  3315. 
Term  of  office  of  3315. 
To   administer  oath   in   districts   of  first 

class,  when  3305(15). 

Classification   of  funds.     See   General   Pro- 
visions. 
Compulsory    education,    arrest    of    truant, 

when  3447. 
Attendance  oflcer.   may  be  appointed  by 

school  board  3447. 
Attendance  officer  or  school   officer  may 

investigate  3449. 
Children  between  ages  of  8  and  16  years 

must  attend  school  3443. 
Excused    from    attendance,    when   3443 

(1,  2,  3,  4,  5). 
Child   declared   habitual   truant,   when 

3444.      . 

Child  deemed  truant,  when  3444. 
Fines  collected,  how  disposed  of  3451. 
Habitual  truants  may  be  put  in  special 

schools  3448. 
Punishment    for    encouraging    truancy 

3449. 

Punishment   for   false   statements   con- 
cerning age  3450. 

Punishment  of  parent  of  truant  3445. 
School  officer,  peace  officer  or  attendance 

officer  may  arrest,  "when  3447. 
School  officer  or  taxpayer  may  file  crimi- 
nal complaint  3446. 
School    trustees,    authorized    to    provide 

specially  for  habitual  truants  3448. 
Clerk  shall  file  complaint,  when  3446. 
May  appoint  and  remove  attendance 

officer  3447. 

Shall  direct  attendance  officer  to  make 
complaint,  when  3446. 


2511 


INDEX 


Public  schools 


Compulsory  education — continued. 

School   trustees  to   investigate  3446.     See 
Contributory  Dependency  and  Delin- 
quency, and  Dependent,  Neglected  or 
Delinquent  Childivu. 
Separate  rooms  for  habitual  truants. when 

3  us. 

Truancy,  defined  3444. 
Truancy,  habitual,  when  3444. 

Parent  failing  to  prevent  3445. 
Constitutional  provisions,  education  encour- 
aged :;.".:  J. 
irreducible  scbooi  fund,  apportionment  of 

interest  on  354,  355. 
Kschcatcd  estates  appropriated  to  355. 
Fines  appropriated  to  3.~>.~. 
How  created  355. 
Interest  on  only  apportioned  to  schools, 

how  355. 
Interest  on  eertain  portions  of,  may  be 

used  for  university  360. 
Interest  on.  forfeited  by  school  districts, 

when  3:>4. 
Invesinienl   of  .",",. 
Lands  (public)  and  funds  dedicated  to 

support   of  education  355. 
Land  warrants  considered  as  belonging 

to  :;.-,.-. 
.Moneys   and    property    of    shall    not   he 

transferred  3.V». 
Legislature,  shall  establish  different  grades 

of  schools  .",57. 

Shall  establish  normal  school  357. 
Shall  establish  state  university  356. 
Shall     provide     for    apportionment    of 

school  money  352. 

Shall  provide  special  state  school  tax 
for  universitv  and  common  schools 
.",r,s.  408. 

Shall  provide  uniform  scljool  system  354. 
No  funds  for  sectarian  purposes  362. 
Normal   school   357. 

Oath  of  office,  college  professors  and  pub- 
lic school  teachers  must  take  357. 
Penalty  for  district  not  maintaining  school 

six  months  .">."» k 

Sectarian  instruction  prohibited  361. 
Six   months   of  school   at   least   must  be 

maintained  :;."»!. 

State  university  established  356. 
University  regents  provided  for  359. 
Women  may  serve  as  school,  trustees  371. 
Contributory   dependency   and"  contributory 
delinquency    757-764.     See    Compulsory 
Education,  and  Dependent,  Neglected  or 
Delinquent  Children. 
Act  construed  764. 
Conditions  of  bond  760. 
Conditions  of  suspended  sentence  759. 
Court  may  suspend  sentence  758. 
Definition  of  757. 
Declared  a  misdemeanor  7.~>7. 
District  court  to  have  jurisdiction  of  757. 
Limitation  of  sentence  762. 
Powers  of  officers  as  to  703. 
Suspended  sentence  of,  violated,  when  761. 
County  auditor,  shall  add  county  school  tax 

to  assessment  roll,  when  3378. 
Shall  add  special  taxes  to  assessment  roll, 

when  330r,  (13),  3330. 
Shall  add  state  school  tax  on  assessment 
roll,  when  3374. 


County  auditor — continued. 

Shall  draw  warrant  on  county  treasurer 
for  official  organ  of  state  board  of  edu- 
cation, when  3241(7). 

Shall  draw  warrant  on  order  of  deputy 
superintendent,  when  3305(6,  8,  14). 

Shall  forfeit  $100  from  official  compensa- 
tion, when  3358. 

Shall  keep  separate  accounts  with  differ- 
ent funds  3357. 

Shall  not  draw  warrant,  when  3250(1.  2), 
3305(2),  3307.  3317. 

Shall  receive  no  fees  for  handling  school 
moneys  3389. 

Shall  report  to  superintendent  of  public 
instruction,  when  331H.'. 

Shall    transfer   moneys   when   notified   by 

deputy  superintendent  3327. 
County    commissioners    may   consolidate   or 
establish  new  districts  3316,  3326. 

Tax  levy,  to  make  3378. 

County  boards  of  education,  are  vested  with 
same  powers  as  school  trustees  3313. 

County  commissioners  temporary  board, 
when  .'HIT. 

Election  of  34 is. 

Powers  and  duties  of,  to  employ  and  dis- 
charge janitors,  etc.  3419. 
To  employ  teachers  holding  Nevada  high- 
school  certificates  3M9. 
To  enforce  state  courses  of  study  3419. 
To  furnish  annual  estimate  3419. 
To  pay  salary  and  other  expenses  3420. 
To  provide  for  dormitories  and  dining- 

hall,  when  3424. 
To  take  office,  when  3418. 

Term  of  office  of  3418. 

Vacancies  on  filled  by  appointment  3418. 
County  commissioners,   abolish  school  dis- 
tricts, when  333C,. 

Act  as  temporary  county  board  of  educa- 
tion 3417. 

Act  on  applications  of  deaf,  dumb  and 
blind  1703. 

Appropriate  money  for  county  institute, 
when  3244(7). 

Change  boundaries  of  school  districts, 
when  3316. 

Control,  rent,  etc.,  property  of  abolished 
school  districts  3338. 

Create  joint  school  districts,  when  3320. 

Create  new  school  districts,  when  3316. 

Enlarge  or  consolidate  school  districts, 
when  3326. 

Establish  two  county  high  schools,  when 
3415. 

Join  in  action  to  establish  county  normal 
training  school  3425. 

Levy  county  school  tax  3378. 

Make  levy  for  school  district  tax,  when 
3305(13),  3377,  3379. 

Levy  special  tax  for  payment  of  interest- 
bearing  warrants,  when  3477. 

Levy  state  school  tax  3374. 

Locate  county  high  school,  when  3415. 

Make  annual  levy  for  county  high  schools 
3420. 

Make  certain  provisions  for  deaf,  dumb 
and  blind,  when  1704. 

Make  levy  for  special  bond  tax,  when 
3437. 


Public  schools 


INDEX 


2512 


County  commissioners — continued. 

Make   special    tax   levy   for   county   high 

school,  when  3416. 

Not  allow  census  marshal's  bill,  when  3372. 
Provide  certain  funds  for  county  normal 

training  school,  when  3429(3). 
Submit    question    of    establishing    county 

high  school  to  voters,  when  3414. 
Support  children   sent  to   state  orphans' 

home  4099. 

County  high  schools,  control  and  manage- 
ment of  in  hands  of  county  boards  of 
education  3416,  3417,  3419,  3420,  3422, 
3424. 
County  board  of  education   for,   at   first 

temporary  3417. 
County  commissioners,  to  estimate  cost  of 

grounds,  buildings,  etc.,  when  3415. 
To  levy  county  tax  for  grounds,  build- 
ings, etc.,  when  3416. 
Election  to  establish  3413. 

Ballots  for,  to  contain  what  3414. 
Officers  of  to  serve  without  pay  3414. 
Petition  for  to  be  signed  by  taxpayers 

3414. 
Eligibility  of  pupils  for,  how  determined 

3421. 
In  case  levy  by  county  commissioners  is 

deferred  3416. 

Location   of,   ballot  for   location  to   con- 
tain what  3415. 

By  commissioners,  when  3415. 
By  election,  when  3415. 
Money  for  support  of,  to  be  drawn  from 

the  county  high-school  fund  3420. 
To  be  drawn,  how  3420. 
Principals     of     may     supervise     district 

schools,  when  3422. 
Pupils  for  3421. 

State  board  of  education  has  charge  of 
entrance    requirements    and    examina- 
tions for  3421. 
Tax   levy   for,   to   be   made   annually  by 

county  commissioners  3420. 
To  be  made  on  estimate  of  county  board 

of  education  3420. 
Special,  made,  how  and  when  3416. 
Temporary  board  for  3417. 
Under  state  supervision  3423. 
County  normal  training  schools,  action  by 
county  board  of  education  and  county 
commissioners  required  for  3425. 
Action  by  state  board  of  education  neces- 
sary for  3425. 

At  least  five  bona  fide  applicants  for  in- 
struction required  for  3425. 
County  commissioners  to  provide  certain 

funds  for  3429(3). 

Graduates  of,  to  receive  second-grade  ele- 
mentary certificates  3428. 
May  teach  in  rural  schools  3428. 
Normal    training-school    board    is'    state 

board  of  education  3426. 
Powers    and    duties    of    normal-training 
school  board,  to  admit  resident  stu- 
dents on  examination  3427(1). 
To  admit  without  examination  certain 

resident  students  3427(1). 
To  certify  cost  of  maintenance  to  county 
commissioners,  when  3429(3). 


County  normal  training  schools — continued. 
To  certify  to  state  controller  establish- 
ment of  normal  training  school,  etc., 
when  3429(2). 

To  designate  in  notice  to  state  control- 
ler   amount    needed    for    salary    of 
teacher  3429(2). 
To  determine  qualifications  of  students 

for  admission  3427(1). 
To  employ  competent  teacher  3429(2). 
To    estimate    cost    of    maintenance    of 

school,  when  3429(3). 
To  formulate  a  course  of  study  3427(2). 
To  grant  certificates  of  graduation,  when 

3427(3). 

To  make  and  put  into  effect  necessary 
rules  and  regulations  for  management 
of  school  3430. 
Purpose  of  3425. 
Restrictions  as  to  counties  3425. 
Salary  of  teacher  to  be  paid  from  general 
fund  of  state  in  usual  manner  3429(2). 
County  treasurer,   shall   keep   separate  ac- 
counts with  different  funds  3357. 
Shall  notify  superintendent  of  public  in- 
struction   as   to   county   school    money, 
when  3388(2). 
Shall  pay  over  money  only  on  warrants  of 

county  auditor,  when  3388(3). 
Shall  receive  and  hold  school  moneys  as 

a  special  deposit  3385,  3388(1). 
Shall  receive  no  fees  for  handling  school 

moneys  3389. 
Shall    refuse    payment    of   claims,    when 

3383(3). 
Shall  report  to  superintendent  of  public 

instruction,  when  3388(4). 
Shall   transfer  moneys  when  notified  by 

deputy  superintendent  3327. 
To  call  in  and  pay  district  bonds  at  ma- 
turity 3437. 
To  forfeit  one  hundred  dollars  as  penalty, 

when  3388(4). 

Deaf,  dumb  and  blind,  application  for  sup- 
port and  education,  how  made  1703. 
Certificate  of  superintendent  of  public  in- 
struction necessary  1703. 
Expenses  of,  persons  over  21  years  of  age 

1704. 

Portion  of  paid  by  county  commission- 
ers 1704. 

Qualifications  for  state  aid  1704. 
Support,  education  and  care  of  in  charge 
of   superintendent  of  public   instruc- 
tion 1702. 
Support    of    provided    by    state,    when 

1704. 
Dependent,  neglected  or  delinquent  children 

728-756. 

Deputy   superintendents   of   public   instruc- 
tion, appeal  from  3360. 
Appointment  and  term  of  office  of  3247. 
Compensation  of,  office  expenses  of  3251. 
Traveling  expenses  of  3251. 
Salary  of  3251. 
County    superintendent,    office    abolished 

3245. 

Duties  of,  to  act  as  deputy  examiner  3249. 
To  act  as  educational  examiner  3249. 
To  advise  with  teachers  3249. 


2513 


INDEX 


Public  schools 


Deputy  Superintendents — continued. 

To  assist  at  state,  district  and  county 

institutes  324!). 
To  assist  state  board  of  education  in 

preparing  courses  of  study  3249. 
To  attend  meetings  of  state  board  of 

education  324  !>. 

To  confer  with  trustees  and  county  offi- 
cers 324'.  >. 
To   devote   entire   time   to    supervision 

3247. 

To  furnish  state  board  of  education  in- 
formation 3249. 

To  hold  teachers'  meetings  3249. 
To    inspect   school    buildings,    libraries 

and  apparatus  3LM'.». 
To   make   written    report   quarterly   to 

superintendent   of  public   instruction 

3244(12). 
To  visit  each  school  at  least  twice  each 

year  32t'.i. 
Powers    and    duties    of,    may    suspend 

teachers'  certificates,  when  3250(3,4), 

3^59. 
Shall  cause  district  school   levy  to  be 

made,  when  3305(13). 
Shall  cause  needed  repairs  to  be  made 

to  school  buildings,  when  3305(8). 
Shall   cause  privies  to  be  built,  when 

:'.:•.<>.->  (6). 
Shall    certify    certain    facts    to    school 

board  clerks  3305(13). 
Shall  designate  place  for  school  in  cer- 
tain consolidated  districts  3317. 
Shall  designate  places  for  holding  school 

in  certain  consolidated  districts  3317, 

3328. 
Shall  see  that  school  is  maintained  eight 

months,  when  3305(14) 
Shall  see  that  school  is  maintained  six 

months  3305(13). 
To    act   on    appointment   of   probation 

officer  by  district  judge,  when  733. 
To  appoint  census  marshals,  when  3361. 
To  appoint  school  trustees,  when  3250 

(8),  3302,  3328. 
To  appoint  special  census  marshal,  when 

3370. 
To  approve  transfer  of  school  children 

3305(20). 
To  determine  suspension  or  expulsion 

of  children,  when  3305(18). 
To  enforce  method  of  school  board  ac- 
counts 3250(5). 
To  examine,  compare  and  revise  census 

marshal's  report  3369. 
To  file  directory  of  teachers  and  school 

trustees  with  county  auditor  3250(1). 
To  grade  public  schools,  when  3250(7). 
To  inspect  record  books  and  accounts 

of  school  boards  3250(5). 
To    inspect    school    fund    accounts    of 

county    auditor    and    report    thereon 

3250(6). 
To  investigate  claim  against  any  school 

fund,  when  3250(2). 
To  notify  county  commissioners  of  ap- 
proval of  census  reports  3372. 
To  provide  flag  of  United  States,  when 

3352. 
To  transfer  funds,  subject  to  restriction, 

when  3305(20). 


Deputy  superintendents — continued. 
Qualifications  of  3247,  3248. 
Removal  from  office,  when  3254. 
Rules  and  regulations  for  3253. 
Salary  and  office  and  traveling  expenses 

of.     See  Compensation. 
District   attorney,    legal    adviser   of   school 

boards  3354. 

To  cause  arrest  and  prosecution  in  con- 
nection with  school  census,  when  3371. 
To  enforce  law  against  houses  of  ill-fame 

3450. 
District  deputy  superintendents.  See  Deputy 

Superintendents. 

Districts.     See  School  Districts,  post. 
Educational  districts,  five  supervision  3246. 
Elementary  and  high  schools.     See  General 

Provisions. 

Emergency  school  fund.     See  Funds,  School. 
Estray   animals,    proceeds   of   sale   of,   for 

county  school  fund  2281. 
Exemptions   from  jury  duty.     See  General 

Provisions. 

Exemptions  of  school  property.     See  Gen- 
eral Provisions. 
Fines,  to  go  into  state  school  fund  (Const.) 

355,  3760. 

Fish  and  game  2047-2113. 
Teachers  must  give  instructions  in  monthly 

3347. 
Teachers  not  to  receive  public  money  as 

penalty,  when  3348. 
Flag,  national  3352. 

Flag  of  Nevada.     See  General  Provisions. 
Free  text-books,  action  for  to  be  submitted 

to  voters  in  each  district,  when  3462. 
Books,  disposed  of,  how  3465. 
District  property  3464. 
To  be  loaned  and  used  as  directed  by 

school  trustees  3463. 
Credits  for  good  care  of  by  pupils  3467. 
Existing  contracts  not  to  be  violated  3471. 
Material  other  than  books  may  be  sup- 
plied, when  3468. 

Parents  or  guardians  responsible  for  3466. 
Penalty  for  violating  3472. 
Supplementary  books  for  teachers,  when 

3469. 
Tax  levy  by  school  trustees  annually  for 

3470. 

Trustees  to  levy  tax  for,  when  3463. 
Funds,  school,  apportionment  of,  for  county 

3391. 

For  emergency  3333. 
For  state  3375,  3390. 
In  consolidated  districts  3327. 
In  joint  districts  3321. 
Restriction  as  to  county  school,  in  cer- 
tain districts  3318. 
Restriction  as  to  state  school,  in  certain 

districts  3318. 
County,  county  treasurer  to  receive  and 

pay  out  3388. 
Created  3388. 

Estray  animals,  proceeds  of  sale  of  2281. 
Road  funds  may  be  applied  to,  when 

3012. 

To  have  two  per  cent  of  net  profits  from 
anv  county  or  municipal  franchise 
2135. 


Public  schools 


INDEX 


2514 


Funds,  county — continued. 

County    treasurer    to    receive    fees    from 

grazing  3478. 
Use  of  3381. 

County  high  school,  estimate  for  3415. 
Custodian  of  3416,  3420. 
Expenditure  of  3419. 
Tax  levy  for  3416,  3420. 
Unlawful  stock,  proceeds  of  sale  of,  to 

go  into  2251. 
Uses  of  3416,  3420. 
District  library,  how  apportioned  3393. 

How  determined  3394. 
Emergency,  action  creating  3329. 

Amount  of,  semiannually  set  aside  3329. 
Amount  of,  to  district,  when  3332. 
Basis  of  distribution  of  3332. 
But  one  apportionment  of  3333. 
How  used  3330. 

Transfer  of  to  county  treasurer  3334. 
Unused  balance  to  revert  3335. 
Free  text-book,  how  expended  3463,  3468, 

3469. 

How  obtained  3462,  3470. 
Normal  training  school,  set  aside  3429(2). 

Use  of  3429(2). 
Reversion  not  to  apply  to  moneys  derived 

from  local  sources  3392. 
Reversion  of  district  school  surplus  3392. 
State  controller  to  keep  separate  account 

of  3382. 

State  distributive,  county  treasurer  to  re- 
ceive and  pay  out  3388. 
Created  3375. 

How  transferred  to  counties  3385. 
Method  of  apportionment  of  3390. 
To  be  used  only  for  payment  of  teach- 
ers' salaries  3376. 
To  receive  one-half  surplus  from  state 

library  fund  3952. 

Toll  roads,  penalties  on  go  into  3758. 
State  permanent,  certain  salaries  and  ex- 
penses to  be  paid  out  of  3244,  4343, 
4401. 

Created  (Nev.  Const,  art.  xi,  sec.  3)355. 
Custody  of  securities  for  3384. 
Escheated  estates  go  into  355,  6116. 
Fines,  all  to  go  into  (Const.)  355,  3760. 
Investment  of  3387. 

Printing  expenses  of  state  land  office  to 
be  paid  out  of  state  school  fund  4356- 
4350. 
Report  on   securities  of  state  by  state 

controller  3383. 

Toll  roads,  penalties  to  go  into  3758. 
Transfer  of  funds  restricted  to  apportion- 
ments for  children  3305  (20). 
Transfer  of,  to  follow  transfer  of  children 

3305(20). 
General  provisions  3340-3360. 

Appeal    to    superintendent    of    public    in- 
struction, when  3360. 
Decision  of  superintendent  of  public  in- 
struction on,  final  3360. 
Arbor  day  to  be  designated  each  year  by 

the  governor  3349. 
Arbor  day  to  be  observed  by  appropriate 

exercises  3349.  3350. 

Birds    fish    and   game,    instruction    as   to 
3347. 


General  provisions — continued. 

Classification  of  funds  3357,  3358. 

County  auditors  and  county  treasurers 
must    keep    separate    accounts    with 
3357. 
How  such  accounts  are  to  be   started 

and  kept  3357. 

Penalty  for  failure  of  auditor  or  treas- 
urer to  comply  3358. 

Flag  of  Nevada  3353. 

Holidays,  schools  shall  be  kept  open  on, 

when  3351. 

Schools  shall  not  be  kept  open  on,  when 
3351. 

Houses,  injury  to  3455,  3456,  6760,  6761. 

Houses  of  prostitution  prohibited  near 
3457,  6510. 

Jury  duty,  teachers  and  college  profes- 
sors exempt  from,  when  3356. 

Legal  advisers,  attorney-general  3355. 
District  attorney  3354. 

Penalty  on  teacher  for  nonfulfilment  of 
contract  3359. 

Public  schools,  defined  3340. 
Elementary  schools  3341. 
High  schools  3341. 

Physiology  and  hygiene  to  be  taught  3346. 

Sectarian  literature,  prohibited  3344. 

Schools  not  to  be  closed  on  election  days, 
when  3351. 

School  property  exempt  from  taxation  or 
execution  334.1. 

School  month  3342. 

School  year  3343. 

Governor  of  state,  member  of  state  board 
of  education  3239. 

Member  of  state  text-book  commission  3398. 

President  of  state  board  of  education  3240. 

President  of  text-book  commission  3399. 

To  act  on  appointment  of  probation  officer 
by  district  judge,  when  733. 

To  act  with  superintendent  of  public  in- 
struction in  making  contracts  for  care 
of  delinquents,  when  756. 

To  appoint  board  of  visitors  for  Univer- 
sity of  Nevada  4667. 

To  appoint  text-book  commission  3398. 

To  designate  arbor  day  by  proclamation 
3349. 

To  fill  vacancies  in  state  text-book  com- 
mission 3398. 
Grazing  fees,  10  per  cent  of  apportioned  to 

county  school  fund  3478. 
Holidays.     See  General  Provisions. 
Hospital  near  schoolhouse  unlawful  6534. 
Houses    of    ill-fame,    must   not   be    located, 
where  3457.  6510. 

Penalty  on  3458. 

Sheriff  and  district  attorney  to  enforce, 

penalty  3459. 

Interest-bearing    school    warrants,    amount 
of.  limited  3476. 

How  endorsed  3474. 

Issued,  how  3474. 

Issued,  when  3473. 

Must  be  paid  within  three  years  3477. 

Order  of  payment  of  3475. 

Preliminaries  as  to  issue  3477. 

Tax  levy  for  payment  of  3477. 
Irreducible  school  fund.     See  Constitutional 

Provisions. 


2515 


INDEX 


Public  schools 


Injury  to  school  property,  penalty  3455,  3456, 

r,7i;o.  r,761. 

Juvenile  court  law.  See  Dependent,  Neg- 
lected or  Delinquent  Children,  Juvenile 
Court  Law. 

Legal  advisers  of  school  officers.  See  Con- 
stitutional Provisions. 

Legislature    and    education.     See    Constitu- 
tional Provisions. 
Libraries,  district  school,  amount  of  money 

for,  how  determined  3393,  3:'>'.>4. 
Apportionment  of  money  to  3393. 
Books  for  to  be  approved  by  3395. 
Books  for  to  be  purchased  by  3396. 
Money  for,  how  expended  .">:;'.».">. 
I  Jules    and    regulations    for    purchase    of 

books,  etc.  .°>:'>(.»7. 

.Misdemeanor  to  disturb  school  or  interfere 
with   school   children.     See  Protection  of 
School  Children. 
Normal      school,      county      .",425-3430.       See 

County   Normal   Training   School,  supra. 
Normal    school,    state   357,    4639-4645.     See 

rniversity  of  Nevada. 
oath    of   otlice    for   college   professors   and 

teachers.     See  Constitutional  Provisions. 
Oath   of  oilier,   when   term   of  office  begins, 

bond  L'Tsf,. 
Penalty    for    teachers    for    nonfiiHilment   of 

contract.     See  General  Provisions. 
Physiology  and   hygiene.      See  General   Pro- 
visions. 
President    of    university,    member    of    state 

hoard  of  education  32.">'.>. 
.Mem her    of    state    text-book    commission 

:;:!'.  »s.     See  rniversity  of  Nevada. 
Principal  of  schools,  has  concurrent  power 

with  peace  officers,  when  3310. 
May  he  vested  \\irh  i-ertaiu  powers,  when 

8312. 

.Must    hold    certificate    of    highest    grade 
taught  :',::<  ir>  (11).     See  School  Trustees, 
Teachers  and  Teachers'  Certificates. 
Protection  of  school  children,  misdemeanor 

to  disturb  school  :*453. 
Misdemeanor    to    interfere    with    pupils, 

when  3452,  6599. 
Penaltv    for    interference   or   disturbance 

3454,  6599. 
Protection  of  school  property,  misdemeanor 

to  injure  or  deface  3455,  6760. 
Penalty  3456,  6761. 
Property,  school,  in  charge  of  school  trustees. 

See  School  Trustees. 

Public    schools   defined.     See   General    Pro- 
visions. 
Records  of  documents,  penalty  for  altering, 

defacing,  forging  or  stealing  2817. 
Regents.    See  Constitutional  Provisions,  and 

University  of  Nevada. 
Resignations  and  vacancies  2797-2799,  2801- 

2SOO,  2812. 
Schools    and    election    days.     See    General 

Provisions. 

School    books,    determined    for    elementary 
grades  by  text-book  commission  3403.    See 
Text-book  Commission. 
School  districts,  classes  of  3315. 
Consolidation  of,  allowable  to  enlarge  or 

consolidate  in  certain  cases  3326. 
Compulsory  in  certain  cases  3317. 


School  districts — continued. 

Consolidated,    disposition    of    funds    and 

IH-operty  of  3317,  3327. 
Deputy  superintendent  to  appoint  first 

trustees  for  3317,  3328. 
Deputy     superintendent     to     designate 

place  for  holding  school  in  3317. 
Deputy     superintendent     to     designate 

places  to  hold  school  3328. 
How  accomplished  3326. 
How  property  and  funds  are  disposed 

of  3J527. 
Kadi  town,   village  or  city  to  constitute 

one  district  3314. 
First  class  may  have  city  superintendent 

3315. 

Fraudulent  claim,  presenting,  penalty  6715. 
Joint    school    districts,    aportionment    of 

funds  for  .",.".1*1.      See  Funds.  School. 
Established,  when  and  how  3320. 
Formed  of  parts  of  two  counties  :'>320. 
Superintendent  of  public  instruction  to 

appoint   first  trustees  for  3320. 
New  districts,  but  one  district,  when  3317. 
P.y   whom  created   .">.". HI. 
How  created  :i:',Hi. 

How  district   may  get    in   line  for  regu- 
lar apportionment   school  funds  3333. 
Petition  for  must  be  made  331(5. 
Petition  for  should  show  :'»316. 
Shall    receive   part    of   funds  of  old  dis- 
trict, when  3319. 
si/e  of.  limited  :t:$n;. 

When  school  in  must  be  begun  .">.">!<;. 
Penaltv    for    present  iuir    I'randnlent   claim 

6715. 
rniou   school,   how  and   when   union  may 

be  dissolve,!  :;:;IT,. 
How   established  .",322. 
I  Io\\    expenses  are  paid  .",:'>24. 
How  governed  .'{323. 
How  supported  :5:$22. 
In  case  of  disagreement  of   joint  board 

3323. 

What  districts  may  unite  3322. 
When   presumed   to   be  organized  3322. 

See  note. 

When  may  be  abolished  33:56. 
Funds  of  abolished  district  revert  3337. 
Proceeds  of.  how  disposed  of  3339. 
Property  of  abolished  district  3338. 
When  school  shall  not  receive  public  mon- 
eys 3319. 

School  funds.     See  Funds,  School. 
School  month,  twenty  days  3343. 
School  trustees,  body  corporate  3278. 
District  attorney  adviser  of  3354. 
Duties  of  clerk  of  3303. 

Shall  accompany  orders  with  itemized 

bills  3308. 
Shall  draw  all  orders  on  county  auditor, 

when  3307. 
Shall  hold  records  subject  to  inspection 

3303. 

Shall  keep  record  of  proceedings  3303. 
Shall  not  issue  order,  when  3308. 
Shall  receive  salary,  when  3303. 
Shall  sign  records  3303. 
Election  board,  to  file  papers  3298. 

To  issue  certificate  of  election  showing 

3299. 
To  summarize  votes  3298. 


Public  schools 


INDEX 


2516 


School  trustees — continued. 
Election  of  3281-3299. 

Ballots    must    specify    long-term    and 

short-term  candidates  3290. 
Ballots  to  be  printed  in  certain  districts 

3291. 
Candidates   in  certain  districts  to  file 

name,  etc.,  with  county  clerk  3297. 
Challenge  of  voter  at,  allowed  3296. 
Election  officers  3283. 
How  to  vote  at  3292. 
Illegal  voting,  penalty  3296. 
Instructions  as  to  voting  to  be  on  bal- 
lots 3293. 

Judge  of  election  not  authorized  to  ad- 
minister oath  of  office  to  school  trus- 
tee 3296. 

List  delivered  to  inspectors  3289. 
List  of  voters  3287. 
Not  allowed  at  polls  3294. 
Notice  of  to  be  posted  3284. 
Pay  for  preparing  list  in  certain  dis- 
tricts 3288. 

Penalty  for  showing  ballot  3294. 
Qualification  for  voting  3285. 
Registration  regulations  3286. 
Two  or  more  polling  places  in  districts 

of  first  class  3283,  3284. 
Voter  may  have  assistance,  when  3295. 
Voting  to  be  by  ballot  3290. 
What  ballots  shall  be  used,  what  they 
shall  contain,  etc.,  in  certain  districts 
3291. 

Female  may  be  371. 
First  meeting  of  new  board  3303. 
Fraudulent  claim,  presenting  to,  penalty 

6715. 

How  board  is  organized  3303. 
Majority  vote  of,  to  legalize  action  3304. 
Members  liable  for  illegal  order  drawn  by 

clerk  of  board  3308. 
Monthly  meetings  of,  required  in  certain 

districts  3304. 
No  discrimination  against  female  teachers 

3305(11). 

Notice  of  board  meeting  necessary  3304. 
Number  of  and  how  determined  3280. 
Officers,  president  and  clerk  3303. 
Orders,  drawn  on  county  auditor,  when 

3307. 

Forbidden  in  certain  cases  3307. 
Itemized  statement  of  bills  with  order 

3308. 
Penalty  for  presenting  fraudulent  claims 

6715. 

Powers  and  duties  of,  may  define  powers 
and  duties  of  city  superintendent  in 
schools  of  first  class  3315. 
May  direct  principals  and  teachers  to 

exercise  certain  power  3312. 
Must  maintain  all  schools  equal  length 

of  time  3306. 
Shall  not  be  pecuniarily  interested  in 

contracts  made  3309. 
Shall  not  erect  school  buildings  without 

approval  of  plans,  when  3305(2). 
Shall  not  make  repairs  without  election, 

when  3305(2). 
Shall  post  in  each  schoolroom  prices  of 

text-books  3409. 
To  administer  certain  oaths  3305(15). 


School  trustees — continued. 

To  build,  purchase,  rent  or  repair,  when 

3305(2). 

To  buy  or  sell  property,  when  3305(1). 
To  call  meetings  of  heads  of  families, 

when  3305(4). 
To  cause  official  price  lists  of  text-books 

to  be  kept  posted  3409. 
To    cause   two    suitable   privies   to    be 

erected  3305(6). 
To   change   location   of   schools,    when 

3305(3). 
To  divide  schools  into  departments,  when 

3305(17). 
To    employ    legally    qualified    teachers 

3305(11). 
To   employ   teachers    qualified   for   all 

grades  3305(11). 
To  enforce  order  and  discipline,  when 

3310. 

To  enforce  sanitary  regulations  3305  (24) . 
To  enforce  use  of  course  of  study  and 

text-books  3305(19). 
To   enter   into   written   contracts  with 

teachers  3305(11). 
To  establish  kindergarten  department, 

when  3305(17). 
To  furnish  certain  supplies  for  pupils 

and  school  3305(22). 
To  have  custody  of  property  3305(9). 
To  hold  property  for  district  3279. 
To  insure  schoolhouses,  etc.  3305(10). 
To  keep  buildings  in  repair  3305(8), 
To  levy  special  tax  for  free  text-books, 

when  3463. 

To  maintain  departments  in  certain  or- 
der 3305(17). 
To   maintain   at    least   six    months   of 

school  3305(13). 
To  maintain  school  eight  months,  when 

3305(14). 
To  maintain  school  in  different  places 

in  district,  when  3306(2),  3328. 
To  make  arrangements  with  other  dis- 
tricts for  transfer  of  children  3305 

(20). 

To  make  annual  report  3305(23). 
To  manage  and  control  school  property 

3305(5). 
To    notify    county    commissioners    and 

deputy  superintendents  3305(13). 
To  pay  for  children  attending  in  other 

districts,  when  3305(20). 
To  pay  in  all  moneys  collected  3305(5). 
To  pay  salaries  of  teachers  3305(12). 
To  prescribe  and  enforce  rules  3305(7). 
To  provide  books  for  indigent  children 

3305(16). 
To  provide  desk  text-books  for  teachers 

3305(16). 
To  provide  free  text-books  for  district, 

when  3463. 
To   provide   record   books   for   district 

3305(16). 
To  submit  question  of  free  text-books  to 

voters,  when  3462. 
To  suspend  or  expel  certain  pupils  from 

school,  when  3305(18). 
To   suspend  or  expel   pupils  under  14 

years  of  age,  when  3305(18). 
To  visit  schools  3305(21). 


2517 


INDEX 


Public  schools 


School  trustees — continued. 

Salary  of  clerk  in  certain  districts  3303. 

Terms  of  office  begin  when  3300. 

Women  may  serve  as.     See  Constitutional 

Provisions. 
Vacancies,    when    filled    by    appointment 

3302. 

Vacancies,  when  filled  by  election  3301. 
Vested  with  necessary  power  3311. 
School  year,  3342.     See  General  Provisions. 
Sectarian  instruction  prohibited.     See  Con- 
stitutional Provisions. 
Sectarian  literature  prohibited.  See  General 

Provisions. 
Sheriff  shall   enforce   laws   against   houses 

of  ill-fame  3459. 

State  board  of  education,  constitute  county 
normal  training-school  board  3426.    See 
County  Normal  Training  School. 
How  composed  3239. 
Members   of   state  text-book   commission 

3398. 

Officers  of  3240. 

Powers  and  duties  of,  shall  have  direction 
and  control  of  Virginia  City  school 
of  mines  4671. 

Shall  issue  first-grade  elementary  cer- 
tificates to  graduates  of  Nevada  state 
normal  school,  when  4645.  See  Uni- 
versity of  Nevada. 

shall    issue   high-school    certificates   to 

graduates    of    Nevada    state    normal 

school,  when  4645.     See  University  of 

Nevada. 

To  adopt  courses  of  study  and  enforce 

use  in  schools  3242(1). 
To    adopt    lists   of    books    for    district 

libraries  3242(2). 
To  adopt  seal  3242(5). 
To  appoint  deputy  superintendents  3247. 
To  appoint  public  library  trustees  3228. 
To  designate  official  organ  3242(7). 
To  direct  state  treasurer  to  negotiate 

for  investment  of  funds  3387. 
To  draw  order  on  state  controller,  when 

3387. 
To    examine    and    certificate    teachers 

3255-3273. 

To  fix  date  of  holding  teachers'  exam- 
inations 3256. 

To  have  charge  of  county  normal  train- 
ing schools  3426. 
To  have  printing  done  by  state  printer 

3242(4). 

To  investigate  before  directing  invest- 
ment of  school  funds  3387. 
To  keep  record  of  proceedings  3242(6). 
To  remove  deputy  superintendents,  when 

3254. 
To  require  opinion  of  attorney-general 

3387. 

To  revoke  or  suspend  teachers'  certifi- 
cates 3242(3). 
State  controller,   to  notify   state  board  of 

education  quarterly  3387. 
To  render  statement  to  superintendent  of 

public  instruction,  when  3383. 
To  report  on  securities  to  state  board  of 

education,  when  3383. 
To  set  aside  money  for  salary  of  normal 
training  school  teacher,  when  3429(2). 


State  controller — continued. 
To    draw    warrants    on    state    treasurer, 

when  3334,  33&±,  3387. 
State    normal    school    357,    4639-4645.     See 

University  of  Nevada. 
State  orphans'  home  4087-4108.     See  State 

Orphans'  Home. 

Children  in,  are  wards  of  state  4092. 
May  be  educated  in  Carson  City  schools, 

when  4106. 
To  be  trained  and  educated  for  useful 

citizenship  4092. 
Children  mentally  or  physically  deformed 

not  admitted,  when  4095. 
County  commissioners  to  send  and  sup- 
port children,  when  4099. 
Money  paid  to  Carson  school  district  for 

education  of  orphans,  when  4108. 
Teachers  in  to  be  certificated  by  state  4090. 
Text-books,  etc.,  to  be  furnished  by  board 

of  directors  of  home  4107. 
What  the  children  in  shall  be  taught  4094. 
State   superintendent.     See    Superintendent 

of  Public  Instruction. 
State  treasurer,  to  be  custodian  of  school 

securities  3384. 
To  cut  off  and  pay  coupons  in  presence 

of  state  board  of  education  3386. 
To  negotiate  for  investment  of  state  school 

moneys,  when  3387. 
To  pay  over  all  public  school  moneys  on 

warrant  of  state  controller  3384. 
To  pay  over  state  school  moneys  to  county 

treasurers  semiannually  3385. 
State   university.     See   Constitutional    Pro- 
visions and  University  of  Nevada. 
Stimulants    and    narcotics.      See     General 

Provisions. 

Superintendent  of  public  instruction,  cura- 
tor of  state  museum  4345,  4346. 
Delinquents,  contracts  with  other  states 

for  care  of  756. 

Director  of  state  orphans'  home  4089. 
Duties  as  curator  of  state  museum,  to  col- 
lect specimens  or  ores,  catalogue  them 
and  place  them  in  museum  4346. 
To  include  report  on  museum  in  bien- 
nial report  4346. 
To  inquire  as  to  mining  resources  and 

inspect  mines  4346. 

Elected  quadrennially  2765,  2773,  3243. 
Ex  officio  duties  no  additional  compensa- 
tion 4343. 

Member  of  state  board  of  education  3239. 
Member    of    state    text-book    commission 

3398. 

Powers  and  duties  of,  to  act  on  appoint- 
ment of  probation  officer  by  district 
judge,  when  733. 

To  act  with  governor  in  making  con- 
tracts for  care  of  delinquents,  when 
756. 

To  address  public  assemblies  3244(1). 
To  appoint  census  marshals  in  new  dis- 
tricts 3319,  3331. 

To  appoint  school  trustees  in  joint  dis- 
tricts 3320. 

To  apportion  county  school  fund  3244  (3) . 
To  apportion  money  from  old  district  to 
new,  when  3319. 


Public  schools 


INDEX 


2518 


State  superintendent — continued. 

To  apportion  state  distributive  school 
fund  3244(2). 

To  approve  probation  officer  733. 

To  call  county  institutes  3244(7). 

To  call  meetings  of  state  board  of  edu- 
cation 3244(8). 

To  call  meetings  of  state  text-book  com- 
mission, when  3400. 

To  conduct  institutes  3244(1). 

To  confer  additional  authority  on  dep- 
uty superintendents,  when  3252. 

To  consult  with  school  officers  3244(1). 

To  contract  with  other  states  for  care 
of  delinquents  756. 

To  convene  and  preside  over  state  and 
district  institutes  3244(6). 

To  decide  appeals  from  teachers  and 
school  boards,  when  3360. 

To  deliver  to  his  successor  property  and 
effects  of  office  3244(14). 

To  determine  county  school  tax.  when 
3378. 

To  determine  amount  of  surplus  dis- 
trict school  funds  to  be  reverted  3392. 

To  determine  amount  apportioned  li- 
brary fund  3952. 

To  draw  order  on  county  auditor  3241  ( 7 ) . 

To  employ  stenographic  clerk  4341,  4342, 
4398. 

To  engage  institute  lecturers  and  teach- 
ers 3244(6). 

To  enter  into  contracts  for  care  of  deaf, 
dumb  and  blind,  when  1702. 

To  fill  vacancies  on  county  boards  of 
education  3418. 

To  have  printing  required  done  at  state 
printing  office  3244  ( 11 ) . 

To  make  arrangements  for  care  of  deaf, 
dumb  and  blind  1702-1704. 

To  make  rules  and  regulations  for 
school  libraries  and  for  purchase  of 
books  3397. 

To  nominate  deputy  superintendent  of 
public  instruction  3244(9). 

To  notify  each  county  auditor  and 
treasurer  of  deduction  of  surplus 
school  funds,  when  3392. 

To  notify  state  controller  and  state 
treasurer  as  to  emergency  school  funds 
3329. 

To  prepare  blank  forms,  including 
school  registers  and  teachers'  con- 
tracts 3244(13). 

To  prepare  pamphlet  copies  of  school 
laws,  when  3244(5). 

To  prescribe  rules  and  regulations  for 
reports  3244(5). 

To  promulgate  prices  of  text-books  3409. 

To  report  to  governor  biennially  3244  (4) . 

To  require  teachers  to  attend  institutes 
3244(6,  7). 

To  require  written  reports  from  deputy 
superintendents  quarterly  3244(12). 

To  set  apart  money  for  district  libra- 
ries, when  3393. 

To  set  aside  money  for  emergency  school 
fund,  when  3329. 

To  visit  schools,  etc..  in  each  county  of 
the  state,  when  3244(1). 


State  superintendent — continued. 

To  visit  state  university  quarterly  and 

report  to  board  of  regents  4649. 
Qualifications  2706. 

Salary  of,  payable  out  of  school  fund  4343. 
Secretary  of  state  board  of  education  3240. 
Secretary  of  state  text-book  commission 

3399. 
Stenographer  for,  appointment  and  salary 

4341,  4398. 
Term  of  office  2777. 

Traveling  expenses  to  be  paid  3244(1). 
Supervision  districts  3246. 
Surrender  of  records  and  property  on  ex- 
piration of  term  of  office  2819. 
Taxes,  annual,  county  levy  3378. 
Annual  county,  high  school  3420. 
Annual  district  for  free  text-books  3470. 
Annual  state  school  3374. 
Schoolhouses  exempt  from  3621. 
Special  county  high  school  3416. 
Special,  determined  by  election  3380. 
Determined  by  school  trustees  or  dep- 
uty superintendent  3305(13). 
Determined  by  school  trustees  3379. 
District  bond  3437. 

District  for  redemption  of  interest-bear- 
ing school  warrants  3477. 
Teachers,  certificates  of  may  be  suspended 
or  revoked.     See  Teachers'  Certificates. 
Contracts  for,  form  of  to  be  prepared  by 
superintendent   of   public    instruction 
3244(13). 
To  contain  agreement  as  to  salary,  etc. 

3305(11,  13.  14). 
To  be  signed  by  3305(11). 
Oath  of  office  of.  before  whom  taken  :;27.">. 

3305(15). 
Form  of  3276. 
Must  be  filed  3277. 
Powers  and  duties  of  3274-3277. 

Shall    attend   teachers'    institutes    3244 

(6,  7).  3250  (3). 
Shall  be  legally  employed  3274. 
Shall  enforce  course  of  study  3277(4). 
Shall    enforce    rules    and    regulations 

.•5277  (4). 

Shall    enforce   use  of   authorized   text- 
books 3277(4). 
Shall  file  legal  certificate  with  deputy 

superintendent,  when  3277  ( 1 ) . 
Shall  file  official  oath  and  letter  with 

deputy  superintendent,  when  3276. 
Shall  fulfil  contract  under  penalty  3359. 
Shall  give  instruction  as  to  effects  of 

stimulants  and  narcotics  3346. 
Shall  give  instruction  in  physiology  and 

hygiene  3346. 

Shall  give  oral  instruction  monthly  as  to 
birds,   fish  and  game,  under  penalty 
3347.  3348. 
Shall  have  Nevada  certificate  in  force 

3274. 
Shall  hold  certificate  for  highest  grade 

taught  3305(11). 
Shall   keep   complete   record    in    school 

register  3277(3). 

Shall  make  final  reports  3277(2). 
Shall  make  full  and  correct  reports  3274. 
Shall   not   suspend  or  expel   any  pupil 
under  fourteen  years  of  age  3277(5). 


2519 


INDEX 


Public  work 


Teachers  —  continued. 

Salary  of  cannot  be  paid  unless  on  legal 

list  3260(1)'. 
Vested    by    school    trustees   with    certain 

powers,  when  3312. 
Vested  with  power  to  protect  children  go-. 

ing  to  and  from  school  3310. 
Te;  idlers'  certificates,  age  requirements  for 

3262,  3263,  3273. 

Experience  required  for,  when  3263. 
Kxa  initiation  questions  for  3258. 

I  low  sent  out  3258. 

Penalty  for  unlawful  use  of  3259,  3260. 
Examinations  for,  when  given  3256. 

Who  conducts  :?LM7. 

Who  examines  papers  3270. 
Klementary    third   grade,    entitles   holder 
to  teach,  where  3265. 

Issued  at   discretion  of  state  board  of 
education,  when  3265. 

One  only  granted  to  same  person  3265. 

Time  limit  on  :;i»65. 
(Jrades  of  :;L'»;i-:;i>72. 
Granted.  l>y  whom  .".L'.V.. 
How  granted,  on  credentials  :i2r,7-:;26i>. 

on  examinations  :  ll't  \'2-l  '.!'<;."). 
Percentages  required  !'<>r.  first  u'rade  .".LV,:;. 

High  school  3262. 

Second  i^rade  3264. 
Renewals  of  :',L>.V,.  :;262.  .".IT,::. 
Revocation  and  suspension  of  :',L'  »'_'(  3). 
Special,  for  what  granted  3271. 

On  what   -ranted  :JL'71. 
Suspension  of  .".LT.di  :;.  4). 
Temporary,  applicant   must  not  be  <i  near 
relative    of    any    member    of    school 
board  :!L'7L'. 

Granted  by  deputy  superintendent  3272. 

lint   one  can  be  granted  to  same  person 
3272. 

(Jood  in  but  one  district  :5272. 

Time  limit  of  3272. 
Teachers'    institutes,    allowance   for   county 

institutes  .",24-jm. 
Allowance  for  state  and  district  institutes 


Called  by  superintendent  of  public  instruc- 

tion 3244  (6,  7). 
County    commissioners    may    appropriate 

for  .",244. 

Deputy  superintendents  to  assist  at  3249. 
State  controller  shall  draw  warrants  for 

3244  (0). 
State,  district  and  county  institutes  3244 

(0.  7). 

Teachers  shall  attend  3244(6,  7). 
Text-book  commission,  appointment  of  3398. 
Appointee's  eligibility  3398. 
Contracts  of,  to  contain  what  3405. 
Contracts  of,  in  effect,  when  3407. 
Contracts  of,  void,  when  3408. 
Meetings  of,  where  and  when  held  3400, 

3401,  3403. 

Meetings  of  to  be  public  3399. 
Officers  of  3399. 
Overcharge  for  books  by  dealers,  penalty 

for  3412. 
Per  diem   and   traveling   expense  of  ap- 

pointed members  of  3411. 
Powers  and  duties  of,  to  adopt  text-books 
3401. 


Text-book  commission — continued. 

To  approve  books  for  supplemental  use 

3401. 

To  exact  penalty  of  publishers  for  vio- 
lation of  contract  3406. 
To  inform  publishers  as  to  changes  in 

prescribed  text-books  3401. 
To   inform   publishers  as  to  proposals, 

contents  thereof,  etc.  3401. 
To  make  contracts  3405. 
To  make  new  adoptions,  when  3401,  3408. 
To  notify  publishers  of  termination  of 

contract,  when  3401,  3408. 
To  require  bonds  of  publishers  3406. 
To  require  publishers  of  geographies  se- 
lected   to    incorporate   special    matter 
for  Nevada  3402. 
To   vote   on    adoption   of   text-books   by 

roll  call  :r,99. 
Prices  of  text  books  to  be  posted  in  every 

schoolroom  :Mo«). 
Prices   of    text -books    to   be   promulgated 

3409. 

Supplemental    books    approved    by,    pur- 
chased  by  district   and   used  :!HH.  3410. 
Text-books  adopted  to  be  used  exclusively 

in  all  schools  :;j(M.  .".110. 
Text   books  adopted  by  to  be  in  use  four 

years  :',4<>4. 

Vacancy  on.  how  tilled  :!.",!  >X. 
Truants  and  truancy.    See  Compulsory  Edu- 

cat  ion. 

Trustees.      See  School  Trustees. 
University  of    Nevada.     See   general    index 

University  of  Nevada. 
I'nlawfnl  stock,  proceeds  of  sale  for  county 

school  fund  22.',  1. 

Virginia  School  of  Mines,  created  4671. 
Salary  of  principal  4671. 
To  be  under  direction  and  control  of  state 

board  of  education  4671. 
Women    as    school    trustees.     See   Constitu- 
tional  Provisions. 


Public    squares,    local    or    special    laws    for 

vacating  are  invalid  278. 
Public  supplies.     See  Board  of  Examiners. 

For  county,  to  be  advertised  for  1530. 

For   state   officers,    to   be   advertised   for 
4469-447-". 

For  state  prison,  to  be  advertised  for  7568. 

Local   merchants  preferred  in  furnishing 
:;479.  3480. 

Officers. not  to  be  interested  in  purchase 
1522,  2827-2829,  2830,  6331. 

Secretary  of  state,  certain  to  keep  4468- 

4475. 

Public  use,  eminent  domain  may  be  exer- 
cised for,  when  j)606. 

Mining  declared  to  be  2456-2462. 

Property  shall  not  be  taken  for  without 
just  compensation  having  been  first 
made  or  secured,  exception  237.  See 
Condemnation  of  Property  under  Civil 
Practice  5606-5629. 
Public  utility,  action  against  for  forfeiture 

of,  penalty  4544. 

Public  work,  convicts  may  be  required  to 
labor  on  7581,  7619. 

Mongolians  not  to  be  employed  upon  3483. 

Wage  of  unskilled  labor,  penalty  for  viola- 
tion 3481,  3482. 


Punishments 


INDEX 


2520 


Punishments.    See  Crimes  and  Punishments, 

Elections. 

Barbarous,  forbidden  at  state  prison  7579. 
Cruel  or  unusual,  not  to  be  inflicted  235. 
May  be  commuted  by  board  of  pardons, 

how,  when  307. 

Public  service  commission,  accidents,  inves- 
tigation of  by  commission  4541. 
Serious,  notice  of  given  commission  4541. 
Act,  commission  to  enforce  4538. 
Actions,   to   have   precedence    in   district 

court  4540. 
Annual  report,  commission  to  make  4523. 

Of  public  utilities  4521 (b). 
Apparatus,  testing,  commission  may  pro- 
cure 4524. 

Appeal,  may  be  taken  from  decision  of 
district  court  by  either  party,  when 
4540  (d). 

To  district  court,  when  4540. 
Assistants,  other,  may  be  employed  4530. 
Attorney-general,  to  represent  commission 

in  suits  at  law  4544. 
Attorney-general  and  district  attorney,  to 

prosecute  under  act  4538. 
Books  and  papers,  commission  may  require 

production  of  4529. 
Failure  to  comply  4529. 
Penalty  4529. 
Burden    of    proof,    in    court    proceedings 

4540 (e). 
Charges,  for  utilities  must  be  reasonable 

and  just  4519. 
Commission,  all  rates  and  regulations  fixed 

by,  prima  facie  lawful  4539. 
All  reports  must  be  sworn  to,  false  oath 

perjury  4543. 
Attorney-general   to   represent   in   suits 

at  law  4544. 
May    compel    compliance   with    act    by 

mandamus  4545. 
May   adopt   rules   regarding   inspection 

and  its  proceedings  4528. 
May  classify  service  of  public  utilities 

4527. 

May  investigate  accidents  4541. 
May  investigate  all  public  utilities  4520. 
May  lower  rates,  when  4533. 
May  proceed  on  own  motion  4533. 
Mav    rescind    or    modify    order,    when 

4540 (c). 
May  require  production  of  books  and 

papers  4529. 
Failure  to  comply  4529. 
Penalty  4529. 

Printing  for,  where  done  4546. 
Right  of,  to  examine  books  and  accounts 

of  public  utilities  4521  (c). 
Shall  be  given  notice  of  serious  acci- 
dents 4541. 

Tests  may  be  made  by  4524. 
To  enforce  act  4538. 
To  fix  standards  for  service  4524. 
To  make  annual  report  4523. 
Contradictory   evidence,    how   treated   by 

court  4540 (e). 

Contracts,  existing  not  disturbed  4526. 
Constitutionality,  each  section  of  act  in- 
dependent of  all  others  as  regards  4548. 
Court,  contradictory  evidence,  how  treated 
by  4540 (b). 


Public  service  commission — continued. 

Court,  commission  may  apply  to,  for  sum- 
mons 4532. 

Injunction    by    only    after    notice    and 
hearing  4540 (a). 

Court  proceeding,  burden  of  proof  4540  (e). 

Depositions  of  witnesses  4534. 

Discrimination  or  rebates,  in  rates  charged 
illegal  4526. 

Dismissals  4533. 

District   attorneys   and   attorney-general, 
to  prosecute  under  act  4538. 

District  court,  actions  to  have  precedence 

in  4540. 
Appeal  may  be  taken  from  decision  of 

by  either  party,  when  4540 (d). 
Appeal  to,  when  4540. 
Procedure  4540. 

Engineer,  expert  may  be  employed  4530. 
Powers  4530. 
Salary  4530. 

Evidence,   contradictory,  how  treated  by 
court  4540 (b). 

Expenses,  traveling  and  other  of  commis- 
sion 4547. 

Hearings,  public  4528. 

Hearings,  public,  notice  of  4531  (a). 
Separate,  when  4533. 

Injunction,  by  court  only  after  notice  and 
hearing  4540 (a). 

Inspection,  commission  may  adopt  rules 
regarding,  and  its  proceedings  4528. 

Investigation,  of  accidents  by  commission 

4541. 
Of  rates,  public  utilities  to  have  notice 

of  4531. 

Of  unreasonable  charges,  by  commission, 
when  4531. 

Law,  suits  at  4544. 

Mandamus,  commission  may  compel  com- 
pliance with  act  by  4545. 

Order,  may  rescind  or  modify  by  commis- 
sion, when  4540 (c). 

Penalty,  for  failure  to  make  report  4522. 

Penalties,  for  public  utilities  violating  act 
4542. 

Powers  of  board  4517. 

Printing  for  commission,  where  done  4546. 

Procedure,  in  district  court  4540. 

Proceedings,  record  to  be  taken  by  stenog- 
rapher 4535. 

Public  service  commission,  created  4515. 

Public  utilities,  all  must  report  to  com- 
mission 4521 (a). 
Annual  reports  of  4521  (b). 
Books  kept  in  approved  form  4521  (a). 
Commission  may  investigate  all  4520. 
Right  of  commission  to  examine  books 

and  accounts  of  4521  (c). 
Schedules   not  to   be  changed  without 

legal  notice  to  commission  4525. 
To    have    notice    of    investigations    of 
rates  4531 (b). 

Public  utility  companies,  must  file  sched- 
ules with  commission  4525. 
Must  post  schedules  for  public  inspec- 
tion 4525. 
Term  defined  4517. 

Railroad  commission,  ex  officio  public  serv- 
ice commission  4516. 


2521 


INDEX 


Pure  food  and  drug  law 


Public  service  commission — continued. 
Rates,  commission  may  lower,  when  4533. 
Unreasonable,  investigation  of  by  com- 
mission, when  4531. 

Rates  and  regulations,  all.  fixed  by  com- 
mission prima  facie  lawful  4539. 
Rebates  or  discrimination,  in  rates  charged 

illegal  4526. 
Record  of  all  proceedings  to  be  taken  by 

stenographer  4535. 
Refusal    to   make    reports   or   to    exhibit 

books  and  papers,  penalty  4537. 
Reports,  to  commission  must  be  sworn  to, 

false  oath  perjury  4543. 
Blanks  for  4521  (a). 
Or  to  exhibit  books  or  papers,  refusal 

to  make  4537. 
Penalty  4r.:;i. 

Penalty  for  failure  to  make  4522. 
Rules  of  procedure,  commission  may  pre- 
scribe, proviso  4518. 
Schedules,    of    public    utilities    must    be 

posted  for  public  inspection  4525. 
Of   public   utilities  not   to   be  changed 
without    leiral    notice    to   commission 
4525. 
Public  utility  companies  must  file  with 

commission  4525. 
Secretary,  duty  of  as  to  keeping  records 

4510. 
Self-incrim ination.   no  one  excused  from 

testifying  on  grounds  of,  proviso  4536. 
Service  of  public  utilities,  commission  may 

classify  4527. 

Special  counsel  in  suits  at  law  4544. 
Standards  for  service,  commission  to  fix 

4524. 
Suits  at  law.  attorney-general  to  represent 

commission  in  4544. 
Special  counsel  in  4544. 
Summons,  commission  may  apply  to  court 

for  4532. 

Disobedience  of,  contempt  4532. 
Testifying,     no    one    excused    from,     on 
grounds    of    self-incrimination,    proviso 
4636. 

Testing  apparatus,  commission  may  pro- 
cure 4524. 

Tests  made  by  commission  4524. 
Traveling  and  other  expenses  of  commis- 
sion 4547. 
.   Utilities,  charge  for  must  be  reasonable 

and  just  4519.     See  Public  Utilities. 
Violating  act,   penalties  for  public  utili- 
ties 4542. 

Witnesses,  depositions  of  4534. 
Witness,  fees  and  mileage  4531  (b). 
Public  to  have  access  to  all  tax  books  and 

assessment  rolls,  when  3752. 
Public  use,   action  for  property  taken  for 
(Const.)  237,  5606-5629.    See  Civil  Prac- 
tice. 
Private  property  taken  for,  compensation 

(U.  S.  Const.)  175;   (Nev.  Const.) 237. 
Public  utilities,  public  service  commission  to 
control   4515-4548.     See   Public    Service 
Commission. 

Towns,  provisions  for  940-953. 
Towns,  may  issue  bonds  for  940-944,  984- 

990.     See  Town  Government. 
Public    utility,    books    and    papers,    witness 
refusing  to  exhibit  4537. 


Public  utility — continued. 

Books,  failure  to  produce  4529. 
Cities,  establishment  of  in  794(5). 

Use  of  streets,  alleys  and  public  places 

by  794(30).     See  Cities. 
Failure  to  report  to  commission  4522. 
False  oath  by  official  4513. 
Maliciously    removing,    damaging    or    de- 
stroying 6752. 
Refusing  to  connect  pipes  or  wires  6844- 

6846. 

Violation  of  general  act  concerning  4542. 
Public  works,  employment  over  eight  hours 

6778. 

Labor  on.  violation  of  act  regulating  3482. 
Public  writings,  how  proved  5408-5413. 
Publication  of  libel,  what  deemed  6429. 
Publication  of  summons  5026-5030,  5732.  See 

Civil  Practice. 
Publication    of    various    notices,    processes. 

See  Civil  Practice. 

Publishing  or  circulating  book  or  paper  ad- 
vocating or  inciting  crime  6617. 
Punishment,  cruel  or  ususual,  forbidden  235, 

307. 

Purchase  money,   recoverable  notwithstand- 
ing homestead  lien  2143. 
Purchaser  of  personal  property  under  exe- 
cution sale  to  have  delivery  and  certificate 
5296. 

Purchasers,  subsequent  deemed  to  take  with 
notice  of  conveyance  acknowledged  and 
recorded  1039. 

Pure  food  and  drug  law,  adulterating  or  mis- 
branding  food,  drugs,  liquors,  import  or 
sale  of  3486,  6816. 
Adulterating  or  misbranding  food,  drugs, 

liquors,  misdemeanor  3486. 
Adulteration  defined  3489,  3492. 
Agent,  how  appointed,  compensation  3507. 
Analyses  contested,  hearings  on,  publica- 
tion, chemist,  duties  concerning  3503. 
District  attorney,  duties  concerning  3505, 

3509. 

Drug,  adulterated,  defined  3492. 
Defined  3490. 

Standard  of  purity,  defined  3491. 
Employer  responsible  for  act  of  employee, 

when  3510. 
Experiment  station,  director  of  to  report 

to  district  attorney  3504. 
May  buy  samples  and  procure  informa- 
tion, when  3502. 

Records  to  keep  and  publish  3506. 
To  analyze  and  examine  samples  3498, 

3499. 

To  make  rules  3497. 
Food,  defined  3487. 
Food  seized,  destroyed,  when  3508. 
Liquor  adulterated  or  impure,  sale  of  3486, 

6816. 
•'Misbranded,"  drugs,  liquors,  food,  defined 

3493. 
"Mislabeled"  or  "misbranded"  food,  liquor, 

drugs,  when  deemed  3494. 
"Package,"  defined  3495. 
Purity  of  food,  drugs,  liquor,  standard  of, 

defined  3488. 
Purity,     retailer    not     punishable     when 

wholesaler  guarantees  3509. 
Possession  prima  facie  evidence  3496. 


Pure  food  and  drug  law 


INDEX 


2522 


Pure  food  and  drug  law — continued. 

Retailer  not  punishable  when  wholesaler 

guarantees  purity  3509. 
Rules,  experiment  station  to  make  3497. 
Samples,    analyses    and    examination    of, 
experiment  station  to  make  3498,  3499. 
Divided  and  sealed,  when  3499. 
Experiment  station  may  buy,  when,  re- 
fusal to  sell  to,  or  give  information, 
penalty  3502. 

Suspected  food,  drug,  -liquor,  when  3500. 
Sheriff,  fees  3501. 
Sheriff   to    obtain    samples    of    suspected 

food,  drug,  liquor,  when  3500, 
Violation    of    act,    misdemeanor,    penalty 
3508. 


Quail,  valley,  closed  season  for  2090.     See 

Game. 

Quakers'  form  of  marriage  rite,  valid  2353. 
Qualifications  for  office.     See  titles  of  the 

several  officers. 

Qualifications  of  bail  on  arrest  in  civil  ac- 
tion 5103. 
Qualifications  of  state  engineer  4679.     See 

Water. 

Qualifications    of    successor    of    officer    re- 
moved for  malfeasance  2853. 
Qualifications  of  voters  and  candidates  for 

office.     See  elections. 

Quarantine,  contagious  diseases  among  live 
stock,  against  other  states,  when  2269- 
2271. 

Bureau  of  animal  industry,  powers  4390. 

Enclosed  or  herded,  when  2267. 

Governor,  power  to  act  2269-2270. 

Highways,  unlawful  to  drive  diseased  on 
2266-2268. 

Nursery  stock  regulations  6776,  6777. 

Sheriff  to  enforce,  when  4380. 

Sheep,  inspection  required  2298-2312. 

Sheep,  powers  of  commission  4588,  4591, 
4595. 

State  veterinarian,  power  to  declare  4380. 

See  State  Veterinarian  4376-4389. 
Quarantine,  contagious  diseases  of  humans, 
boards  of  health,  duties  3000,  3002. 

County  commissioners,  powers  2996-3003. 

County  physician,  consulted,  when  3000. 

Misdemeanor  to  violate  act,  penalty  2999, 
3000,  3003. 

Officers  for,  may  be  appointed  2997. 

Patient  may  be  confined,  when  3001. 

Regulations,    commissioners    may    adopt 
2997. 

Regulations,   state  board  of  health  may 

adopt  3002. 
Quartz   mills,   ore   reduction   works,   owner 

entitled  to  patent  for  millsite,  when,  how 

2399. 
Quartz    mills,    smelters,    eight    hours   day's 

work    in,    when    6555.      See    Eight-Hour 

Law. 

Question  of  fact,  fraudulent  intent  is  1086. 
Quick  child,  killing  unborn  prohibited,  pun- 
ished, how  6403. 
{Quiet  title,  action  for  5514-5526.     See  Civil 

Practice. 

Quorum  of  medical  board,  what  2363. 
Quorum  of  supreme  court  317. 


Quo    warranto    5656-5682,    4840.     See    Civil 

Practice,  Usurpation  of  Office. 
Attorney-general  to  commence  action,  when 

5658. 
District  court  or  judge  may   issue  4840- 

4843. 
Dissolution  of  corporation,  when,  remedy 

5657. 
Remedy    to    secure    forfeiture    telegraph 

franchise  4630. 
Remedy    to    secure    forfeiture    toll-road 

franchise  3757,  3049. 
Remedy  usurpation  of  office  5660. 
Writ,  justices  supreme  court  or  supreme 

court  may  issue  4834. 
Writ,  may  issue,  when  319,  321,  4834.  4840, 

4843. 


Race  or  color  no  distinction  under   home- 
stead laws  3128. 
Races,  certain,  marriage  forbidden  between 

6514-6515. 

Rafts,  setting  adrift,  punished,  how  6756. 
Railroads,   acts   of  unlawful   omission   and 

commission,  who  liable,  penalty  3582. 
Abandonment  of  way,  land  reverts  3531. 
Agents  of,  making  illegal  charge  6737. 
Annual    reports,    failure   of   secretary   of 
state  to  furnish  forms,  penalty  3556. 
To  be  verified,  what  to  contain  3555. 
Articles  of  association,  certified  copies  to 

be  evidence  3513. 

WThat  may  be  signed  by  proxy  3532. 
What  they  shall  set  forth  3512. 
Articles   of    incorporation   to   be   filed   in 

each  county  3574. 
Assessment,  form  of  notice  3524. 

Of  property  3838,  3840,  3814. 
Baggage,  checks  on,  refusal  to  issue,  pen- 
alty 3553. 
Failure   to   deliver,    damages,    evidence 

3553. 

Wilfully  or  carelessly  breaking  or  in- 
juring 6755. 
Bell,  to  be  rung  at  crossings,  penalty  for 

neglect  3552,  6584. 
Board,  who  to  constitute  4549. 
By-laws,  proviso  3520. 
Carrier,  shipping  without  death  certificate 

2972. 

Charter,  when  void  3566. 
Cities,  may  make  grants,  not  to  apply  to 

street  railroads  3532. 
Commission  created  4549. 

Ex    officio    public    service    commission 

4516. 

Companies  may  consolidate,  notice  3551. 
Compensation  of  officers  35i9. 
Condemnation  proceedings,  adverse  claims 

3541. 

Commissioner  to  file  report  3541. 
Compensation  of  commissioners  3541. 
Confirmation  of  reports  3543. 
Costs  3544. 

Court  to   order   payment  to  party   en- 
titled 3548. 
Defective  titles  3545. 
Definition  of  "person"  3549. 
Duties  of  clerk  of  court  3550. 
Hearing  of  petition  3537. 


2523 


INDEX 


Railroads 


Railroads — continued. 

Condemnation    proceedings,     meeting    of 
commissioners  354o. 

New  trial  3542. 

Passage  of  title  3546. 

Payment  into  court  3.14.". 

Payment  or  tender  3547. 

Procedure  3544. 

Proceedings  instituted  3545. 

Publication  of  notice  3538. 

Uocord  of  reports  3544. 

Report  set  aside  35  n.'. 

Kiirhts  of  defendants  3536. 

To  appoint  commissioners  3539. 

To  notify  owners  3538. 

Vacancy  3539. 

Conductor,    and    other    officers    to    wear 
badge,  authority  3562. 

May  eject  passengers  '>.~>i;i. 
Construction,  kind  of  rails  to  be  used,  not 

to  apply  to  street  railroads  3575. 
Contracts  in  writing  3521. 
Control  of  794(30,  33). 
Conveyance  of  land  by  cities  3531. 
Corporation  debts,  record  of  3521. 
Corporations  1105.   HIM;. 

File  articles  of.  with  secretary  of  state 
3513. 

Foreign  3574. 

Foreign,  to  file  articles  with  recorder 
3531. 

Powers  and  rights  of  3513. 
County,  city  or  town  may  aid  railroad  cor- 
poration (Const.)  347. 
Credit,  county  not  to  loan  except  for  347. 
Crew,  act,  violation  of  3591,  3594. 
Crossing,  railroads  or  highways  3530. 
Debts,  record  of  corporation  3521. 
Depots  3531. 
Directors,  delay  of  election  of  3519. 

Duty  of  3614. 

Election  of  3515. 

Powers  of  3520. 

Qualifications  of  3515. 

Terms  of  office  3515. 
Discrimination,  what  constitutes  3575. 
Disturbance  upon  6611. 
Dividends,    when    insolvent,  payment   of, 

liability,  existing   companies   may   take 

advantage  of  act,  acceptance  to  be  filed 

in  the  office  of  secretary  of  state  3568. 
Eight-hour  law,  block  system,  defined  3597. 

Penalty  for  violation  3598. 

Penalty,  how  recoverable  3599. 
Eminent  domain,  power  of  3574. 
Employees,  intoxication  of  3564,  6583. 

Violating  duty  6585. 
Engineer  who   cannot  read,    unlawful    to 

employ  6582. 
Excavating  under  3565. 
Exceptions  to  full-crew  law  supplementary 

to  certain  act  3596. 
Explosives  placed  near,  penalty  6751. 
Failure  to  make  returns  or  exhibit  books 

and  papers  4575. 
Failure  to  pay  6611. 

False  notice  or  report,  liability  for  disquali- 
fication for  company  office  3567. 
Fares  and  freight,  maximum  rate  for  3563. 
Fence,  companies  to  maintain  3551. 
Flagman,  experience  3589. 


Railroads— continued. 
Foreign  corporations,  to  file  articles   with 

recorder  3531,  3574. 
Franchise  and  property,  may  sell  3574. 
Freight,  and  fares,  maximum  rate  for  3563. 

Unclaimed,  disposed  of,  how  537,  542. 
Full  crew,  defined  3588. 

Applied  to  railroads  longer  than  95  miles 
3595. 

Exceptions  to  3596. 

Supplementary  to  certain  act  3596. 
Fund,  sinking,  penalty  3526. 
General  provisions  concerning  3581,  4576. 
Grants,  cities  may  make,  not  to  apply  to 

street  railroads  3532. 
Guardians,  executors  or  administrators  may 

convey  real  estate  to  company,  judge  to 

approve  3534. 

Highways  or  railroads,  crossing  3530. 
Illegal  charges  6737. 
Incorporation,  articles  of,  to  be  filed  in  each 

county  3571. 

Injuries  to  works  of  company,  penalty  3565. 
Injury  to  property  3565. 
Insolvent,    payment   of   dividends,  when, 

liability,   existing   companies  may   take 

advantage  of  act,  acceptance  to  be  filed 

with  secretary  of  state  3568. 
Intoxication,  penalty  for  3564,  6583. 
Lands  acquired  3533. 

Lands  and  materials,  may  take  and  use 3530. 
Land,  conveyance  of  by  cities  3531. 

Reversion  3533. 

Legislature,  may  change  fares  and  freight 
rates  on  narrow-gage  railroads  3517. 

May  regulate  freight  and  passenger  rates 

(Const.)  278. 

Livestock  act,  penalty  for  violation  of  3587. 

Live  stock,  duties  of  railroad  companies  in 

transporting,  time  for  confinement  3572. 

Injuring  railroad,  owners'  liability  3551. 

Killed  or  injured,  company  not  liable  in 
certain  cases  3551. 

Killed,  railroad  must  give  notice  of  3600. 

Lien  for  expenses  3586. 

May  charge  expense  of  feeding  to  owners 
in  certain  cases  3573. 

Penalty  for  noncompliance  3601. 

Permitting    animal  on  enclosed  right  of 
way  6753. 

To  be  watered  and  fed  3586. 

Unlawful  to  confine  longer  than  36  hours 

3572,  3586. 

Long-and-short-haul  clause  3578. 
Maliciously   damaging,  destroying    or   re- 
moving property  6752,  6749. 
Map  to  be  filed  with  secretary  of  state  3554. 
Map  to  be  filed  with  surveyor-general  4353. 
Materials  and  lands,  may  take  and  use  3530. 
Maximum  rate  for  freight  and  fares,  pro- 
viso 3563. 

Mode  of  assessing  property  3816. 
Money,  may  borrow  3526. 
Narrow-gage    railroads,    legislature    may 

change  fares  and  freight  rates  3517. 
Obstructing,  hindering  or  delaying  6586. 
Officers,  compensation  of  3519. 

Election  of  3514. 

Making  false  report  3567. 

Removal  of  3518. 

Removal  of,  notice  to  be  given  3518. 


Railroads 


INDEX 


2524 


Eailroads— continued. 
Operation,  time  granted  for  3566. 
Passengers,  conductor  may  eject  3561,  6611. 
Passes,  issuance  or  acceptance  of  4556,  4573, 

4490. 
Penalty,  for  noncompliance  with  full-crew 

law  3594. 

Penalties  for  violation  of  railroad  commis- 
sion law  3581. 

Penalties  for  violation  of  livestock  act  3587. 
Permitting  animal  to  go  on  enclosed  right 

of  way  6753. 

Person  or  persons,  meaning  of  3584. 
Plat  transmitted  to  surveyor-general,  con- 
troller and  recorder  3531. 
Property  and  franchise,  may  sell  3574. 
Certain,  may  be  transported    free  or  at 

reduced  rates  3582. 

Classified  for  purposes  of  taxation  3815. 
Injury  to  6749. 

Provisions  of  act,  to  apply  to  all  3580. 
Railroad,  in  cases  of  petition  excluded 

from  computation  3571. 
Proceedings,  record  of  3522. 
Provisions  of  act  to  apply  to  all  property 

3580. 
Rail,  kind  of,  to  be  used  in  construction, 

not  to  apply  to  street  railroads  3569. 
Railroads  and  rolling  stock  to  have  uniform 

valuation  3897. 

All,  to  fix  their  own  rates  3580. 
Narrow-gage, legislature  maychange  fares 

and  freight  rates  3517. 
Street,  may  operate  under  act  3570. 
Railroad  commission  act,  full-crew  law  not 

to  repeal  or  affect  3590. 
Not  to  conflict  with  3557. 
Railroad    company,   general   powers    and 

rights  of  3528. 

Railroad  corporations,  formation  of,  con- 
ditions 3511. 

Railroads  or  highways,  crossing  3530. 
Railroad  property,  in  cases  of  petition,  ex- 
cluded from  computation  3571. 
"Railway"  and  "railroad,"  terms    defined 

6294(22). 

Rates,  all  railroads  to  fix  their  own  3580. 
Free  or  reduced,  certain  property  maybe 

transported  at  3583. 

Real  estate,  conveyance  of,  by  guardians, 
executors  or    administrators   to   com- 
pany, judge  to  approve  3534. 
Special  proceedings  to  acquire  3535. 
Rebates  4570,  4572. 
Drawbacks  or  other  advantage,  unlawful 

to  allow  3576,  3581. 
Or  discrimination  in  rates  charged  illegal 

4526. 
Regulation  of  time    and    accommodations 

3588. 

Company  not  liable,  when  3560. 
Damages  for  violation  3599. 
Negligence  of  passenger  3560. 
Reports,   annual,  failure    of    secretary    of 

state  to  furnish  forms,  penalty  3556. 
Annual,  to  be  verified,  what  to  contain 

3555. 

Report  or  notice,  false,  liability  for  disquali- 
fication for  company  office  3567. 
Right  of  way  granted,  width  3531. 


Railroads — continued, 

Road,  may  change  line  of  3529. 
Schedule,  to  adopt,  what  shall  state,  where 

posted  3579. 

Secretary,  duties  of  3521,  3522. 
Secretary  of  state,   capital  stock  paid  in, 
certificates  of  filed  with  3527. 

Failure  of,  to    furnish    forms  of    annual 
report,  penalty  3556. 

Map,  to  be  filed  with  3554. 

To  file  articles  of  association  with  3513. 
Shipment  of  fish  2113,  2064. 
Signals  of,  interference  with,  penalty  6750. 
Sinking  fund  3526. 
Statement  furnished  assessor,  contain  what 

3814. 

Stocks  3523. 
Stock,  affidavit  of  amount  of  3512. 

Calls  3523. 

Capital  paid  in,  certificates  of,  filed  with 
secretary  of  state  3527. 

Certificate^  of  3525. 

Certificate  of,  how  issued  3525. 

Denomination  of  shares  of  3512. 

How  transferred  3523. 

May  be  reduced,  when  and  how,  proviso 
3516. 

Personal  estate  of  stockholders  3523. 

Sale  of  shares  3524. 

Subscription  to  3514. 
Stockholders,  book  of  3522. 

Called  meetings  of  3516. 

Meeting  of  3515. 

Street  railroads  may  operate  under  act  3570. 
Subscription,  payment  of  3524. 
Surveys,  general  rights  and  powers  3533. 
Term  'defined  4550. 

Telegraph  operators  and  dispatchers,  eight- 
hour  law  3957. 

Tracks,  unlawful  to  excavate  under,  with- 
out consent  3565,  3597. 
Train  crew,  full,  defined  3588. 
Train  crew  of  five,  when  3953. 
Train  crew  of  four,  when  3592. 
Transfer  book  3522. 

Transport  members  state  police,  when  4289. 
Transportation  facilities  furnished  3575. 
Transportation  may  be  accepted  by  Nevada 

bureau  industry  and  irrigation,  when  4490. 
Transportation  of  sheep  without  certificate 

2309, 4597. 

Transporting  nursery  stock  without  inspec- 
tion 6776,  6777. 
Unlawful  to  allow  rebates,  drawbacks,  or 

other  advantage  3576. 
Unlawful  to  confine  live  stock  longer  than 

36  hours  3585. 
Unlawful  to  excavate  under  tracks  without 

consent  3565. 
Unlawful  to  make  combinations  to  prevent 

continuous  carriage  3577. 
Use  of  highways  and  streets,  when  3532. 
Vacancies  3519. 
Vice-president  3519. 
Violation  of  full-crew  law  a  misdemeanor 

3591. 

Way,  abandonment  of,  land  reverts  3531. 
Whistle,  failure   to   blow  or   ring  bell    at 

crossing  3552,  6584. 
Wilfully  or  maliciously  obstructing  6748. 


2525 


INDEX 


Railroad  commission 


Railroad  commission,  accidents,  duty  of  rail- 
roads to  notify  commission  relative  to 
4578. 
Investigations  of,  evidence  kept,  expenses 

of,  notice  of  4578. 

Act,  each  section  of,  independent  4585. 
Not  to  affect  other  rights  of  action  4582. 
Substantial  compliance  with  4581. 
What  provisions  of  apply  to  4550(a). 
Actions,  act  not  to  affect  other  rights  of  4582. 

For  forfeiture  4579. 
Acts  of  omission  and  commission,  penalty 

4576. 
Adequate  service  required  for  reasonable 

charge  4551. 

Annual  reports,  railroads  to  make  to  com- 
mission 456s. 

Commission  to  make  to  governor  4580. 
Appeal  from  order  of  court  4564(d). 
Appointment  of  commissioners  4549. 
Associate  commissioners,  equal  voice  and 

vote  4549 (a). 

Attendants  in  charge  of  live  stock  allowed 
free  transportation  on  stock  trains,  no 
discrimination  4556 (a). 
Attorney-general,  commission  to  report  vio- 
lations to  4579. 

Duty  of,  to  aid  commission  in  prosecu- 
tions 4579. 

Member  of  railroad  board  4549. 
Authority  of  commission  to  make  inquiries 

4566. 

Board,  who  to  constitute  4549. 
Books  and  papers  of  railroads,  inspection 

of  4566 (b). 
Failure  to  fill  out  blanks,  make  returns, 

give  information  or  exhibit  4575. 
Penalty  4576. 
Buildings  and  depots,  duty  of   carrier   to 

maintain  adequate  4557. 
Commission  may  enforce  maintenance  of 

4557. 

Burden  of  proof,  court  proceedings  4564  (e) . 
Cars,  distribution  of,  powers  of  commission 

to  regulate  4558 (a). 

Duty  of  railroad  to  furnish  suitable  4558. 
No  discrimination  in  furnishing,  proviso 

4558. 
Carson  City,  office  of  commission  kept  at 

4549 (k). 

Chief  commissioner  4549 (a). 
Claims  for  damages  or  overcharges  not  acted 
on  by  railroad  to  be  investigated  by  com- 
mission 4580. 

Commission,  all  remedies  available  to  4583. 
Authority  to  make  inquiries  4566. 
Duty  of   railroads  to  notify,  relative  to 

accidents  4578. 
Expenses  of  4549 (k). 
Hearings  before  4560. 
May  act  on  own  motion  4560(b). 
May  investigate  violations  of  interstate 

commerce  law  4569. 

May  issue  subpenas,  penalty  for  disobe- 
dience 4566(c). 

May  rescind  or  amend  orders  4562 (a). 
Office  kept  at  Carson  City  4549(k). 
Official  title  of  4549(j). 
Orders  of,  prima  facie    reasonable  and 
lawful  4563. 


Railroad  commission— continued. 

Other  powers  of,  to  regulate  4577. 

Political  complexion  of  4549 (a). 

Present,  not  to  be  disturbed  4549(n). 

Railroads  may  institute  action  against  to 
set  aside  orders  4564. 

Railroads  to  make  annual  reports  to  4568. 

Rules  of  procedure  of  4549(1). 

Sessions  of,  held  at  any  place  4549(k). 

To  act  on  complaints  4560. 

To   confer    with    commissions   of   other 
states  and  attend  conventions  4549 (m) . 

To  inquire  into  neglect  4579. 

To  make  annual  reports  to  governor  4580. 

To  report  violations  to  attorney- general 

4579. 

Commissioners,  chief  and  first  associate 
4549(a). 

Chief  and  first  associate  to  give  entire 
lime  to  work  4549 (e). 

How  appointed  4549. 

May  administer  oaths  4561. 

May  be  removed  for  cause  4549 (b). 

May  issue  subpenas  4561. 

Not  to  be  interested  in  railroads  4549 (c). 

Oaths  to  be  taken  4549 (f). 

Salaries  of  4549 (g). 

Terms  of  office  4549. 
Commodity  rates  4554. 
Complainant,  railroad  may  be  4560(c). 
Complaints,  commission  to  act  on  4560. 

To    be    investigated   within    reasonable 

time,  effect  of  failure  4549(d). 
Connecting  lines,  duties  to  each  other  4559. 
Contracts,  joint  traffic,  to  be  furnished  on 

request  4567. 
Conventions,  commission   to   confer  with 

commissions  of  other  states  and  attend 

4549  (m). 
Court,  appeal  from  orders  of  4564 (d). 

Certified  copies    of    commission   orders 
prima  facie  evidence  in  4565(b). 

Immunity  of  witnesses  in  4565 (a). 

Injunction  4564 (a). 

Judgment  of  4564 (c). 

Precedence  of  cases  in  4564. 

Procedure  4564. 

Proceedings,  burden  of  proof  in  4564(e). 

Rules  of  procedure  in  4565. 

Trial  4564 (b). 

Witnesses  4565 (a). 

Crossings,  powers  of  commission  to  regu- 
late 4555. 

Damages,  or  overcharges,  claims  for  not 
acted  on  by  railroad  to  be  investigated 
by  commission  4580. 

Treble  allowed,  when,  proviso  4574. 
Depositions,  of  witnesses  4561(b). 
Depots  and   buildings,  duty  of  carrier  to 
maintain  adequate  4557. 

Commission  may  enforce  maintenance  of 

4557. 

Devices,  false,  misdemeanor,  penalty  4572. 
Discrimination,  penalty  for  unjust  4570. 
District  court,  may  enforce  subpenas  issued 

by  commission  4561. 
Evidence  of  investigations  of  accidents  kept 

4578. 
Expenses  of  commission  4549(k). 

Of  investigations  of  accidents  4578. 


159 


Railroad  commission 


INDEX 


2526 


Railroad  commission— continued. 
False  devices,  misdemeanor,  penalty  4572. 
Fares  and  freights,  powers  of  commission 

to  regulate  4555. 
Fees,  witness  4561  (a). 
Forfeiture,  actions  for  4579. 
Freight,  certain,  may  be  carried  free  4556. 
Freights  and  fares,  powers  of  commission 

to  regulate  4555. 
Governor,    commission    to    make    annual 

report  to  4580. 

Member  of  railroad  board  4549. 
Hearings  before  commission  4560. 

Commission  may  order  separate  4560(a). 
Immunity  of  witnesses  in  court  4565 (a). 
Injunction,  court  4564 (a). 
Inspection  of  books  and  papers  of  railroads 

4566(b). 
Interstate  commerce  law,  commission  may 

investigate  violations  of  4569. 
Interstate  tariff  schedules,  to  be  filed  with 

commission  4569. 
Investigations,  of  accidents,  evidence  kept, 

expenses  of,  notice  of  4578. 
Of  complaints  to  be  made  within  reason- 
able time,  effect  of  failure  4549(d). 
Joint  rate  schedules,  to  be  filed  and-  posted 

in  same  manner  as  local  rates  4552. 
Joint  rates,  may  be  less  than  combination 

of  local  rates  4553. 

Powers  of  commission  to  regulate  4555. 
To  be  just  and  reasonable  4553. 
Joint  traffic  contracts,  to  be  furnished  on 

request  4567. 

Judgment,  of  court  4564  (c). 
Lieutenant-governor,  member    of  railroad 

board  4549. 

Live   stock  and  perishable  freight,  prece- 
dence of  4559. 

Attendants,  allowed  free  transportation 
on  stock  trains,  no  discrimination 
4556 (a). 

Mileage  books  or  passes  issued,  to  be  re- 
ported 4567 (a). 

Neglect,  commission  to  inquire  into  4579. 
Oaths,  commissioners  may  administer  4561. 

To  be  taken  by  commissioners  4549  (f). 
Office,  of  commission,  kept  at  Carson  City 

4549 (k). 

Official  title  of  commission  4549 (j). 
Omission  and  commission,  acts  of,  penalty 

4576. 
Orders,  certified  copies  of  in  court  prima 

facie  evidence  4565  (b). 
Commission    may    rescind     or    amend 

4562 (a). 
Of  commission  prima    facie   reasonable 

and  lawful  4563. 

Railroad  may  institute  action  against  com- 
mission to  set  aside  4564. 
Railroads  to  comply  with  4562. 
When  take  effect  4562. 
Overcharges  or  damages,  claims    for,  not 
acted  on  by  railroad  to  be  investigated 
by  commission  4580. 
Passes,  forfeiture  of  office  for  state  officials 

accepting  4573. 
Or  mileage  books  issued  to  be  reported 

4567 (a). 

Or  reduced  rates  allowed  to  certain  per- 
sons 4556. 


Railroad  commission— continued. 
Passes,  to  state  officials  and  other  persons 

prohibited,  exception  4573. 
Penalty,  for  omission  or  commission  4576. 
For  failure  to  fill  out  blanks,  make  re- 
turns, give  information  or  exhibit  books 
or  papers  4575. 

For  unjust  discrimination  4570. 
For  using  false  devices  4572. 
Perishable  freight,  and  live  stock,  prece- 
dence of  4559. 
Physical  condition,  powers  of  commission 

to  regulate  4555. 

Political  complexion  of  commission 4549(a) . 
Powers  of  commission,  changes  in  service 

4555. 

Crossings  4555. 
Joint  rates  4555. 
Other,  to  regulate  4577. 
Physical  condition  of  railroads  4555. 
Safety  appliances  4555. 
To  fix  reasonable  rates  and  service  4562. 
To  regulate  freights  and  fares  4555. 
To  remedy  4555. 
Transfer  tracks  4555. 
Transmission  of  telegraph  and  telephone 

messages  4555. 

Precedence  of  cases  in  court  4564. 
Preferences  unlawful  4571. 
Procedure,  court  4564. 
Proceedings,  before  commission,  record  of 

4561 (c). 

Process  for  witnesses  4560. 
Prosecutions,  duty  of  attorney-general   to 

aid  commission  in  4579. 
Provisions  of  act  to  apply  to,  what  4550 (a) . 
Printing  of  commission,  where  done  4580  (a) . 
Private  tracks,  when  commission  may  con- 
trol 4559 (a). 
Railroad,  duty  of,  to  furnish  information 

4566 (b). 

May  be  complainant  4560(c). 
Meaning  of  term  4550. 
Railroad   board,    created,  who    constitute 

4549. 

Railroad  commission,  created  4549. 
Railroads,  all,  to  file  copies  of  schedules  of 

rates  4584. 
Commissioner   not   to   be    interested  in 

4549 (c). 
Duty  of,  to  notify  commission  relative  to 

accidents  4578. 

Inspection  of  books  and  papers  of  4566  (b) . 
May  institute  action  against  commission 

to  set  aside  orders  4564. 
To  comply  with  orders  of  commission  4562. 
To  furnish  schedules  4552. 
Rates.  See  also  Joint  Rates  and  Schedules. 
Changes   in,  not   to   be    made    without 

notice  to  commission  4552(a). 
Concentration,   commodity,  transit  and 

other  special  contract  4554. 
Lower  4570 (a). 
Notice  of  changes  in,  to  be  given  public 

4552 (b). 

Powers  of  commission  to  regulate  4555. 
Reduced,  or  passes,  allowed  to  certain 

persons  4556. 

Service,   reasonable,  power  of   commis- 
sion to  fix  4562. 


2527 


INDEX 


Real  estate 


Railroad  commission— continued. 
Reasonable   charge,  adequate   service  re- 
quired for  4551. 
Rebates  4570-4572. 
Record,  of  proceedings  before  commission 

4561 (c). 

Regulate  other  powers  of  commission  4577. 
Regulations  and  rules  4581. 
Of   commission  prima    facie  reasonable 

and  lawful  4563. 

Remedies,  all  available  to  commission  4583. 
Remedy,  power  of  commission  to  4560. 
Removal  of  commissioners  f  or  cause4549(b) . 
Report  blanks,  forms  of  4566(a). 
Reports,  annual,  railroads  to  make  to  com- 
mission 45ns. 

Rules  and  regulations  4581. 
( )f  procedure  in  court  4565. 
<  M  procedure  of  commission  4549(1). 
Safety  appliances,  powers  of  commission  to 

regulate  4">.V). 
Salaries  named,  to  be  only  compensation 

4549(n). 

Of  commissioners  4549(g). 
Salary    and     appointment     of     secretary 

4549(h). 

Schedules.    See  also  Rates  and  Joint  Rates. 
Commission     may    prescribe    forms    of 

4662(d). 
Copies  to  be  kept  on  file  in  depots  and 

offices  45r>L'. 
Forms  of  4552 (d). 

Interstate  tariff,  to  be  filed  with  commis- 
sion -4  .•)»;«.  i. 
Joint  rate,  to  be  filed  and  posted  in  same 

manner  as  local  rates  45.")!'. 
( >f  rates,  all  railroads  to  file  copies  of  4584. 
Open  to  public  inspection  4 ">">•_'. 
Railroad  to  furnish  45">L*. 
Unlawful  to  make  greater  or  less  charge 

than  named  in  4552(c). 
What  to  state  and  include  4.V> i>. 
Secretary,  appointment  and  salary,  qualifi- 
cations 4549 (h). 
Duties  4549 (i). 
Separate  hearings,  commission  may  order 

4560(a). 
Service,  changes  in,  powers  of  commission 

to  regulate  4555. 

And  rates,  reasonable,  power  of  commis- 
sion to  fix  4562. 
Sessions,  of  commission  held  at  any  place 

4549 (k). 

State  officials,  forfeiture  of  office  for  accept- 
ing passes  4573. 
And  other  persons,  passes  to,  prohibited, 

exception  4573. 

Subpenas,  commissioners    may   issue,  dis- 
trict court  may  enforce  4561. 
May  be  issued  by  commission,  penalty 

for  disobedience  4566(c). 
Telegraph  and  telephone  messages,  trans- 
mission of,  powers  of  commission  to  regu- 
late 4555. 

Terms  of  office  of  commissioners  4549. 
Tracks,  private,  when  commission  may  con- 
trol 4559  (a). 

Transcripts,  to  be  furnished,  when  4561  (c). 
Transfer  tracks,  powers  of  commission  to 
regulate  4555. 


Railroad  commission — continued. 

Transportation, to  attendants  with  livestock 
free  on  livestock  trains,  no  discrimina- 
tion 4556 (a). 

Trial,  court  4564  (b). 

Unlawful  to  make  greater  or  less  charge 
than  named  in  schedules  4452(c). 

Vacancies,  how  filled  4549. 

Violations,      commission     to     report     to 

attorney-general  4579. 
Of  interstate  commerce  law,  commission 
may  investigate  4569. 

Witness,  depositions  of,  fees  4561  (b). 

Witnessess,  immunity  of,  in  court,  4565(a). 

Process  for  4560. 
Railroads  and  railway  companies,  action  for 

and  against,  procedure.    See  Civil  Practice, 

Railroads,  Railroad  Commission. 
Ranchman,  has  lien  upon  animals  for  charges 

5499. 

Ranch  owner  may  file  lien,  when  2232. 
Rape,  assault  with  intent  to  commit,  death 
penalty  may  be  inflicted,  when  6413. 

Defined  6442,"  li-4 »:;. 

Proof  of  necessary  7171. 

Trial,  evidence  7171. 
Rates  fixed  bypublic  service  commission  prima 

facie  lawful  4539,  45.10. 
Rate  of  imprisonment  for  unpaid  fine  7257. 
Rate  of  legal  interest,  what  2499.     See  Money 

and  Interest. 
Rates  of  railroad  commission  are  prima  facie 

lawful  4563,  4564. 
Rates    of   railroads,  toll  roads,  ditch,  flume 

and  tunnel    companies  may  be    regulated 

by  legislature  278. 
Rates  of   telegraph  and  telephone  company 

355,  4555,  4627. 
Real  estate  3602-3608. 

Act  authorize  and  empower  aliens  and  non- 
resident persons  and  incorporations  to 
take,  hold,  enjoy  and  acquire  real  estate 
in  the  State  of  Nevada  3602-3603. 

Act  provide  for  erection  and  maintenance 
partition  fences  3604-3608. 

Actions  affecting  procedure  in.  See  Civil 
Practice. 

Banks,  assessed,  when  3822.     See  Revenue. 

Belonging  to  minor  or  person  under  legal 
disability,  local  or  special  law  of,  invalid 
(as  amended  1889)  278. 

Belonging  to  religious  organizations  sold, 
how  1369.  See  Corporations. 

Chinese  prohibited  from  holding  3602. 

Defined  3622.     See  Revenue. 

District  court  has  jurisdiction  of  cases  in- 
volving title  or  possession  321. 

Expense  erecting,  maintaining  partition 
fences,  divided,  how  3604. 

Fees  of  fence  viewers,  paid  how,  by  whom 
3606. 

Fees  justices  of  peace  proceedings  fence 
partition  3606. 

Fence  partition  erected  joint  expense  3604. 

Fence  viewers,  appointed  how,  report  of 
3605. 

Fence  viewers,  oath,  what  3607. 

Fence  viewers,  paid,  how  3606. 

Improved  lands,  defined  3608. 

Justice  court  no  jurisdiction  in  actions  in- 
volving trial  of  title  to  323. 


Real  estate 


INDEX 


2528 


Real  estate — continued. 

Justices  of  peace  appoint   fence  viewers, 
how,  when  3605. 

Limitations  of  actions  concerning  4948-4966. 

May  be  owned  by  whom  3602. 

Nonresidents, exceptChinese,  may  own  3602. 

Oath  of  fence  viewers,  what  3607. 

Partition  fences,  defined  3608. 

Partition  fences  erected  joint  expense,  how 
3604. 

Persons  who  may  hold  3603. 

Procedure   in  actions  affecting.     See  Civil 
Practice. 

Regulations  656. 

Statutes  of  limitations  restricted  as  to  hold- 
ers, how  3603. 

Supreme  court  has   appellate  jurisdiction 

of  actions  involving  title  or  possession  321. 

Real  property,  actions  affecting,  procedure. 

See  Civil  Practice. 
Real  property,  defined  6294(10). 

Lost  records  of,  action  to  restore  5630-5646. 

Procedure  affecting  actions  in.     See  Civil 
Practice. 

Sale  of,  estates  deceased  persons  5985-6020. 
Realty,  conversion  into  personalty  with  intent 

to  steal  6643,  6644. 
Reargument,  if  two  justices  of  supreme  court 

do  not  agree  4837. 
Reasonable  doubt,  acquittal  7163. 
Reasonable  doubt  as  to  degree,  conviction  of 

lowest  6277. 

Reasonable  doubt,  defined  6941. 
Rebates  4570. 

Drawbacks  or  other  advantage,  unlawful  to 
allow  3576. 

Or  discrimination  in  rates  charged,  illegal 

4526. 
Rebellion,  in  case  of,  writ  of  habeas  corpus 

may   be    suspended   if    public    safety   re- 
quires 234. 
Recall,  amendment  proposed  to  sec.  8,  art.  ii, 

of  the  constitution,  passed   at   legislative 

sessions   1909,  1911,  subject  to  ratification 

by  people  at  general  election  of  1912,  257. 
Receipt,  of  district  attorney  or  tax  receiver 

for  taxes  and  costs  in  action  for  delinquent 

taxes,  prima  facie  evidence  3665. 
Receipt,  to  be  filed  with  clerk  by  referees  in 

action  for  partition  5568. 
Receivers  5193. 

Actions  for  or  against  and  concerning,  pro- 
cedure.    See  Civil  Practice. 

Appointed  take  charge  mutual  fire  insur- 
ance company  1301.     See  Corporations. 

Bond  1302. 

Compensation,  how  determined  1199. 

Decree  appointing,  publication  1196. 

Duties  relation  to  affairs  disabled  company 
1301. 

For  corporations  1194-1199. 

General  provisions  relating  to  5193,  5194. 

See  Civil  Practice,  Corporations. 
Receiving  stolen  goods,  prohibited  6648. 
Reception  or  assent  to  reception  of  deposit 

in  insolvent  bank  634,  635. 
Reclamation  act.     See  Public  Lands. 
Reclamation,  eminent  domain  may  be  used 

for  purposes  of  5606. 
Recognizance,  attorney  not  to  be  received  as 

surety  in  district  court,  rule  xiv,  p.  1428. 


•  Recognizance — continued. 

Bail,  form  of  6941. 

Forfeited,   district    attorney   to    prosecute 

action  1598. 
Record  of  official  acts,  to  keep   1098,  1099, 

2751,  2752,  2757. 
Record,  supreme  and  district  courts  and  such 

other  courts  as  legislature  may  name,  are 

courts  of  323.     See  Civil  Practice. 
Records,   archives    of   Territory   of   Nevada 
vested  in  state  388. 

Authentication  of  526-529.  See  Authentica- 
tion of  Records. 

Lost,  restoration  of,  action  for  5630-5646. 

Of  mining  locations,  contain  what  2382.  See 
Mines  and  Mining. 

Of  patents  to  townsite  property,  proof  of 
payment  of  taxes  not  required  1992. 

Papers  and  documents,  stealing,  altering, 
defacing  or  concealing,  penalty  2817,6344- 
6349. 

Proof  of  5408-5413. 

Refusal  to  deliver  to  proper  custodian  2819. 

Stealing,  altering  or  defacing  2817. 
Recorder  or  deputy  filing   map  or  plat  un- 
lawfully 965. 

In    suits    affecting,   procedure.     See    Civil 

Practice. 
Recorder's  office,  newspapers,  abstracting  or 

defacing  1642. 

Recorders'    courts.     See   Municipal    Courts, 
Criminal  Practice. 

Always  open  4860. 

Cities,  incorporated,  may  have  316, 324, 4853. 

Committing  magistrates  4858. 

Compensation  of  recorder  4857. 

Established  316,  4828. 

Establishment  and  jurisdiction  324. 

Fees  and  perquisites,  may  receive  325. 

Held,  where  4872. 

Incorporated  cities  may  have  316,  324,  4853. 

Judge,  how  designated  4855. 

Jurisdiction  324,  4853,  4854. 

Not  to  conflict  with  courts  of  record  ;>24. 

Legislature  may  establish  316. 

Magistrates  4858. 

Place  of  holding  changed,  when  4873,  4874, 

Process,  w7rits  and  warrants,  may  issue  4859. 

Recorders,  committing  magistrate  4858. 
Election  and  oath  4856. 
May  receive  fees  and  perquisites  325. 

Where  held  4855. 
Recount,  demanded  in  elections,  when  1895. 

See  Elections. 

Recruiting  officer.     See  State  Militia. 
Redemption   bonds    irrigation  district  4754. 

See  Water. 
Redemption    of   property,  actions    affecting. 

See  Civil  Practice. 
Redemption  of  property  made,  how  and  when 

3667.     See  Revenue. 
Reduction  plants,  smelters,  quartz  mills,  eight 

hours,  day's  work  in  6555. 
Reduction  works  or  quartz  mills,  owner  en- 
titled to  patent  for  millsite,  how,  when  2399. 
Reduction  works,  preferred  lien  on  ore  sold 

to  5492.     See  Mines  and  Mining. 
Reenactment,  reference  in   statutes  to  pro- 
visions reenacted  in  civil  practice  act  to  be 

construed  as  applying  to  such  provisions 

as  reenacted  5817. 


2529 


INDEX 


Removal 


Referee,  and  references  5230-5235. 

Asking  or  receiving  bribe  6320. 

Bankruptcy  575-585. 

Influencing  or  attempting  to  influence  6323. 

Oaths,  may  administer  5483. 

Or  commissioner,  proceedings  before  su- 
preme court  may  enforce  order  4864. 

Power  to  enforce  order  before  district  court 
4SM. 

Promise  or  agreement  of,  unlawful  6324. 

Receiving  communication  unlawfully  6324. 

References  and  referees,  district  court  5230- 
5236. 

Unlawful  promise  or  agreement  of  6324. 

See  Civil  Practice. 
References  and  referees  5230-5235.     See  Civil 

Practice. 

Referendum,  article  on  412.  413. 
Referendum   or  other  lawful  petition,  filing 

false  or  fictitious  6670. 

Referendum  or  other  lawful    petition,   sub- 
scribing to  false  oath  thereto  6670. 
Referendum  or  petition  authorized  by  law, 

signing  fictitious  name  or  name  of  other 

person  thereto  or  withdrawing  therefrom 

for  reward  6670. 

Referendum  proceedings  1882.    See  Elections. 
Referendum,  questions,  howputto voters  1885. 

See  Elections. 

Reformatories,  agents  of,  duties  and  compen- 
sation 743. 
Refunding  money  paid  into  state  or  county 

treasury,  local  or  special  law,  invalid  278. 
Refusal  inspection  or  examination  of  bank  to 

examiner  or  deputy,  revocation  054. 
Refusal  to  join  posse,  prevent  offense,  or  assist 

officer  6606. 
Refusal  to  make  arrest  or  aid  officer  2833, 

4290,  6361,  6606,  6863,  6956. 
Refusal  to  plead  7114. 

Register  of  actions,  to  be  kept  by  clerk  5480. 
Registration,   elector  may  apply  to    district 

court    for    writ  of    mandamus   to    compel 

1710,  1712. 

Regents,  board  of.    See  University  of  Nevada 
(Const.)  356,  359,  360. 

From  accruing  interest  to  maintain  mining 
department  at  university  360. 

To  appoint  director  and  assistant,  hygienic 
laboratory  3943. 

To    invest   in   separate    fund,  to   be   irri- 

'  ducible,  proceeds  from  land  granted  by 
Congress  in  1862,  for  benefitof  agriculture, 
mechanic  arts  and  military  tactics  360. 

University  of  Nevada  controlled  by,  duties 

356,  359. 

Regiment.     See  State  Militia. 
Register  applicants  and  those  admitted  prac- 
tice medicine,  surgery  and  obstetrics  2367. 
Register  land  office,  duty  to  publish  applica- 
tion for  patent  2383.    See  Mines  and  Mining. 
Registration.      See  Registration  under  Elec- 
tions. 

Elector  may  apply  to  district  court  for  writ 
of  mandamus  to  compel  1710,  1712. 

Fee  imposed,  when  2364-2365. 

Not  required  of  those  in  military  service 
252. 

Of  births  and  deaths  794  (58) . 

Of  electors,  to  provide  for  255. 


Registration — continued. 

Of  wife's  separate  property  289. 
Provision  to  be  made  by  legislature  for  255. 
Soldiers  and  sailors,  what,  not  to  pay  poll 
tax  252. 

Registry  agent,  refusal  to  perform  duties 
1712, '1719. 

Registry  agents,  justice  of  the  peace  ex  officio 
1705.    See  Elections,  Justice  of  the  Peace. 
Reports  to  make  3981.     See  State  Militia. 
When  one  may  act  for  another  4926. 

Regulations concerninglocationof  lodeclaims. 
2421.  See  Mines  and  Mining. 

Rehearing,  petitions  for,  S.  C.  rule  xv,  p.  1424. 

Rejected  claims  against  the  state  for  services 
or  advances  authorized  by  law,  when  action 
may  be  brought  280. 

Release  of  indebtedness  or  liability  of  corpo- 
ration or  person  to  state,  county  or  munici- 
pality, local  or  special  law,  invalid  278. 

Relief,  how  pleaded.     See  Civil  Practice. 

Religion,  laws  affecting,  Congress  prohibited 
from  passing  171. 

Religious  beliefs,  respected  748,  233. 
Witnesses  not  disqualified  because  of  5420. 

Religious,  charitable,  literary  societies  1365- 
1372. 

Religious  freedom  guaranteed  171,  233. 

Religious  meeting,  disturbance  of  6478,  6597, 
6607. 

Religious  or  camp  meeting,  selling  or  dispos- 
ing of  liquor  at  6598. 

Religious  or  charitable  corporation,  sale  of 
property,  may  allow  136J). 

Religious  sentiment,  toleration  of,  secured 
228. 

Religious  test  not  to  be  required  as  qualifica- 
tion of  office  169. 

Relocation  abandoned  lode  claims  2428,  2382. 
See  Mines  and  Mining. 

Remainders  and  contingent  remainder,  to  be 
alleged  in  complaint  for  partition  5528. 

Remainders  and  reversions,  defined  1057-1060. 

Remittitur,  costs  endorsed  on,  rule  vi,  sec.  4, 

p.  1423. 

From  appellate  court  7306,  7307. 
In  supreme  court,  when  to  issue,  rule  xv, 

p.  1424. 
Opinion  to  accompany,  when,  rule  xvi,  p. 

1424. 
When  filed  in  lower  court,  execution  for 

costs  to  issue  5361. 
When  to  issue,  rule  xv,  p.  1424. 

Removal  of,  action  before  trial  7115-7120. 
Assessor,  from  office  3684.     See  Revenue. 
Civil  officers  without  impeachment   6894- 

6907,  7000,  7001. 
Directors  or  officers  from  corporations  1179, 

1182.     See  Corporations. 
Officers,  otherwise  than  by  impeachment, 

schedule  of  sections  6894. 
Officers,  proceedings  2851-2854. 
Town  or  city  officer  983. 
Vacancy,  caused  by,  filled,   how   334-336, 
2801. 

Removal  of  landmark  6676. 

Removal  from  office  for  malfeasance  or  mis- 
feasance, provision  for  337. 

Removal  from  one  county  or  precinct  to 
another,  effect  on  residence  3612.  See  Elec- 
tions. 


Removal 


INDEX 


2530 


Removal  from  state  with  intent  to  remain, 

residence  lost  3613.     See  Residence. 
Renewal  of  execution  in  justice's  court  5785. 
Rent  and  profits  of  real  property  sold  under 
execution  during  period  of  redemption,  how 
disposed  of  5305. 

Rent  may  be  paid  and  tenant  remain  in  pos- 
session in  action  for  forcible  entry  or  unlaw- 
ful detainer  5599. 

Repeal,  by  civil  practice  act,  limitations  con- 
tinue to  run  as  if  former  act  had  not  been 
repealed  5819. 
Not  allowed  if  law  providing  revenue  to 

pay  loan  made  to  state  350. 
Of  certain  provisions  relating  to  civil  prac- 
tice, schedule  of  acts  5817,  5821. 
Replevin,  action  in,  verdict,  form  of  5224. 
District  court  5124-5135,  5194. 
Judgment  in,  may  be  for  return  of  property 

of  defendant  5269. 
Judgment,  to  be  in,  alternative  and  with 

damages  5269. 

Justice's  court  5753.     See  Civil  Practice. 
Reply,  civil  action,  district   court  5057-5059. 

See  Civil  Practice. 

Reporter,  fees,  when  taxed  as  costs  4913. 
Official  supreme  court,  appointment   and 

compensation  4889,  4890. 
When  testimony  stenographically  taken  by 

may  be  used  on  subsequent  trial  5472. 
Report  of  referees  and  proceedings  connected 

therewith.     See  Civil  Practice. 
Reports  of  decisions  of  supreme  court,  com- 
pilation of  4897-4899. 
Reports  of  state  engineer,  to  make  to  whom 

4684.     See  Water. 

Reports  filed  by  paroled  prisoners  with  secre- 
tary board  of  parole  commissioners  7633. 
Representative    in    Congress,    elected,    how 

2765,  2772,  2773.     See  Elections. 
Election  of,  Congress  may  regulate  100. 
How  chosen,  qualifications  88,  89. 
Not  eligible  as  elector  141. 
Representatives,  apportioned,  how  186,  242. 

People  have  right  to  instruct  239. 
Representation,   in  Congress,   when    state's 

quota  may  be  reduced  186. 
In  legislature,  when  census  to  serve  as  basis 

381. 

To  be  apportioned  according  to  popula- 
tion 242. 
Reprieve  may  be  granted  by  governor,  when 

306. 
Republican  form  of  government  guaranteed 

states  165. 

Requisition,    person    suspected    of   bringing 
stolen  goods  into  state,  detained  for  6649. 
Rescue  of  prisoner  6336. 
Reservation  of  powers  by  states  180. 
Reservoirs,  eminent  domain  may  be  exercised 

for  5606. 
Reservoir  sites  and  locations  restricted,  how 

2419.     See  Mines  and  Mining. 
Reservoir  sites  under  timber  and  stone  act 

restricted  3170.     See  Water. 
Residence,  actual,  deemed  to  constitute  3609- 

3616. 

Defined  for  registration  purposes  1714,1867. 
Defined  for  purpose  of  voting  (Const.)  250, 

251,  252. 
Determined,  fixed  how  3609,  3610. 


Residence — continued. 

Elector,  defined  1710. 

Family  abode,  effect  on  3615. 

Gained  or  lost,  when  not  deemed  251,3611. 

Legal,  defined  (Const.)  250,  251,  252,  3609. 

Lost,  when  2927,  3613,  3616. 

Necessary  for  naturalization  2517. 

Officers  at  seat  of  government,  who  (Const.) 
380,  2774,  4128, 4249. 

Parties,  when    determined,  place  of    trial 
5014. 

Pauper,  defined  2607,  2921. 

Pauper, satisfactory  evidence  to  require  2921 . 

Permanent  habitation,  intent  3610. 

Presumption  abandonment  of,  when  raised 
3614. 

Removal  from   one  county  or  precinct  to 
another  3612. 

Removal  from  state  with  intent  to  remain, 
lost  3613. 

Required,  to  constitute  elector  250,  251. 

Soldiers  and  sailors  for  voting  purposes, 
where  (Const.)  252. 

Students,  not  to  gain  or  lose  251. 

Transferred  by  elector,  when  1714. 

Voting  purposes  defined  (Const.)  251. 

When  not  deemed  gained  or  lost  (Const.) 

251,  3611. 
Resident,  bona  fide,  although  foreigner,  has 

same  property  rights  as  native-born  citizens 

245. 
Resident  agent,  duties  when  appointed  1304. 

See  Corporations. 
Resident    agent,    foreign    corporation    may 

appoint  1178,  5024.     See  Corporations. 
Resident  agent  may  be  for  other  corporations 

1119.     See  Corporations. 
Resignations  filed  in  office    of    secretary  of 

state  2795. 
Resignations  of  justices  supreme  court  made 

to  governor  2798. 
Resignations  of  officers  allowable  2797-L'7HS. 

See  Elections. 

Resistance  of  process,  contempt  2833,  2834. 
Resisting,  delaying  or  obstructing  public  offi- 
cer 4291,  6362. 
Resisting  or  interfering  with  water  officers 

4704. 

Restaurant.     See  Hotels. 
Respondent  and  appellant,  defined  5327. 
Restitution,  form  of  writ  in  action  for  forcible 

entry  and  detainer  5605. 
Restitution,  judgment  in  action  for  forcible 

entry  and  detainer,  form  5599. 
Restoration  of  lost   records  5630-5646.     See 

Civi   Practice. 

Restoration  to  citizenship,  prisoner  762o. 
Restoration    to  civil  rights,  certain  convicts 

excluded  from  juries  unless  restored  285. 
Retailer    not    punishable    when    wholesaler 

guarantees  purity  of  food  and  drugs  3509. 
Restoration  of  lands  and  records,  proceedings 

affecting,  procedure.     See  Civil  Practice. 
Restraining  orders,  procedure  in.      See  Civil 

Practice. 
Retaxing  costs  in  district  court,  procedure, 

rule  xxxiv,  p.  1430. 
Returns  of  election.     See  Elections. 
Returns  of   election   for  state   officers,  how 

and  when  canvassed  by  justices  of  supreme 

court  297. 


2531 


INDEX 


Revenue 


Ileturns  on  writs  and  other  processes,  pro- 
cedure. See  Civil  Practice. 

REVENUE 

Constitutional  References  on  Revenue — 

Amendment  proposed  to  constitution,  art.  ii, 
sec.  3,  passed  at  legislative  sessions  1909, 
1911,  subject  to  ratification  by  the  people 
at  general  election  1912,  provides  for  the 
investment  of  school  moneys  in  bonds  of 
any  county  in  the  State  of  Nevada  355. 

Appropriation  of  taxes  required  for  payment 
of  loan  to  state  not  to  be  repealed  or  di- 
minished 350. 

How  moneys  pledged  to  school  purposes  to 
be  invested  and  income  apportioned  355. 

Law  must  provide  for  tax  levy  to  pay  within 
L'n  years  loans  made  to  state  350. 

Leg islat nre  shall  provide  for  annual  tax 
to  defray  expenses  of  state  for  fiscal  year, 
ensuing  two  years,  and  deficiencies  349. 

Legislature  to  provide  equal  assessment  and 
taxation  except  mines,  the  proceeds  of 
which  shall  lie  assessed  and  taxed,  and 
when  mines  patented  shall  be  assessed 
at  not  less  than  *•"><•<»  unless  Sluo  annual 
labor  performed,  exemption  for  municipal, 
educational,  literary,  scientific  or  chari- 
table purposes  (as  amended  1906)  352. 

Legislature  to  provide  special  tax  for  main- 
tenance of  university  and  schools  (as 
amended  1X89)  358. 

Proceeds  from  land  -ranted  state  by  act  of 
Congress  of  July  2,  1862.  for  college  for 
benefit  of  agriculture,  mechanic  arts  and 
military  tactics  to  be  invested  by  board 
of  regenls  of  state  university  in  separate 
fund,  to  be  irreducible  360. 

Licenses — 

And  fees  collected  from  insurance  to  go  to 
general  fund,  when  .">761. 

And  fees  paid  into  general  fund  from  gam- 
ing restrictions,  what  .'5761. 

All  settled  by  sheriff  before  claim  allowed 
ST40. 

Amount  for  theater,  opera  or  concert  sing- 
ers, circus,  wire-dancers,  sleight-of-hand 
performances  or  other  exhibitions  3727. 

Amount  of,  for  keeper  of  intelligence  office 
3727. 

Amount  of  for  pawnbroker  3727. 

Amount  of  per  quarter  for  billiard  tables, 
nine  or  ten  pins  and  bowling  alleys  3727. 

Amount  to  be  collected,  when  954, 1279, 1280, 
1356,  3727,  3735-3754,  3768-3774,  3777-3785, 
3872-3904,  4240-4248,  6809,  6810. 

Attachment  to  issue  in  suit  for  license,  how 
and  when  3737. 

Auctioneer,  defined  for  purposes  of  3891. 
To  secure  license,  when  3892. 
To  sell  liquor  without,  when  3893. 

Auditor,  charge  treasurer  with  license  blanks, 

how  and  when  3739. 

Charge  treasurer  with  license  money  re- 
ceived 3741. 

<  Yedit  sheriff  with,  how  and  when  3741. 
File  and  cancel  licenses  returned  by  sheriff, 

how  and  when  3740. 

File  treasurer's  receipt  to  sheriff  for  li- 
cense paid  3741. 


I  -i  censes  —  continued. 
Auditor,   furnish   sheriff  with   license,    how 

and  when  3740. 

Have  license  blanks  printed  3739. 
Issue  peddler's  license  to  sheriff,  how  and 

when  3735. 

Make  entries  on  stub  of  license  book  3740. 
Make  out  licenses  in  full,  how  and  when 

3740. 
Open  monthly  license  account  with  sheriff 

3741. 

Possessing  or  issuing  fraudulent  3744. 
Receive  countersigned  license  blanks  from 

treasurer  .".739. 
Sign  all  licenses  before  delivery  to  sheriff 


Authorized  party  to  do  what  3737. 
Automobile,  business  of  hiring  or  renting, 

license  for  3877. 
Automobile  for  hire  or  rent,  license  to  be 

secured,  when  3877. 
P.anks  and  banking  defined  3728. 
P.anks    to    obtain     license,    how    and    when 

:i7L'X-.",730. 
Hankers,   classified   according  to  volume  of 

business  3730. 
P.ankers.    classified    for    purpose   of   license 

:'.7l'S,  .",730. 

P.lanks  to  be  prepared  by  auditor,  how  3739. 
Hoarding-house,   defined   for  purpose  of  li- 

cense tax  ">7.">4. 
Boards  of  city,   town   or  municipal   govern- 

ment. may  revoke,  when  3X1  59. 
P.oards  of  county  commissioners  not  to  allow 

claim  by  sheriff,  when  3740. 
Pond.  state  not  required  to  give  undertak- 

ing for  attachment,  license,  suit  3737. 
landsmen,  liability  for  negligence  of  sheriff 

in  not  collecting  license  3741. 
P.ook.    auditor   to    make   entries,    how   and 

when  3740. 
I'.rokers  defined  and  classified  according  to 

amount  of  business  ."729. 
Business,  carrying  on  w'ithout  license,  pen- 

alty 3737. 
P.usiness.  license  revoked  for  cause  by  com- 

missioners, when  3867. 
Carriers   to  obtain  license  in  county,  when 

3730. 

Carrying  on  business  without,  penalty  3737. 
Cigarettes,  license  for,  what  3872. 
Cigarettes   and   cigarette   papers,    how   col- 

lected and  accounted  3876. 
Cigarettes  or  cigarette  papers,  unlawful  to 

give  or  sell,  when  3874. 
Cigarettes,   license  collected  and  accounted 

for,  h'ow  3876. 
City  attorney,   forfeit  office  for  failing  to 

act  regarding,  when  3870. 
City  attorney,  prosecute  persons  doing  busi- 

ness without  3870. 
City  council,  revoke  license  for  cause,  how 

and  when  3869. 

City,  incorporated,  may  exact  3737. 
City  trustees   hear  complaint  filed  against 

certain  licensed  business  3868. 
City  trustees  revoke  licenses  for  cause,  how 

and  when  3869. 
Claim,  none  to  be  allowed  sheriff  until  state- 

ment of  auditor   filed  with  county  com- 

missioner 3740. 


Eevenue 


INDEX 


2532 


Licenses — continued. 
Claim   of   sheriff,   amount   of   licenses   not 

accounted  for  to  be  deducted,  when  3740. 
Classification  of  business  and  license  to  be 

paid  3730. 
Classification  of  license  for  certain  persons 

and  merchants  3732. 
Classification  of  license  for  brokers  3729. 
Collection  of,  for  cigarettes,  how  made  3876. 
Collector,  guilty  of  misdemeanor,  when  3744. 
Collector  to  demand  statement  from  persons, 

when  3737. 

Collector  to  receive  fee  in  license  suit  3737. 
Collector  to  receive  what  fees  3745. 
Collected  by  sheriff  to  be  paid  to  treasurer, 

how  and  when  3741. 
Collected  by  the  sheriff,  when  3741. 
Commercial  travelers  not  affected  by  laws 

relative  to  peddlers,  when  3893. 
Commissioners  by  unanimous  consent  can 

revoke  license  for  cause,  when  3867. 
Commissioners,  instruct  sheriff  to  revoke  or 

withdraw  license,  when  3868. 
Commissioners,  receive  complaint  and  peti- 
tion against  business  license,  how,  when 

3868. 
Commissioners,    revoke    license    for    cause, 

when  3867. 
Common  carriers  to  obtain  license,  how  and 

when  662,  3728,  3730. 
Complaint   against   licensed   business   filed, 

how  and  when  3868. 
Complaint    against    licensed    business    filed 

with  town  or  city  board,  when  3868. 
Complaint  lodged  against  business  operated 

under,  how  3868. 
Constable  to  see  that  peddler  has  license 

3735. 
Contract  of  sales  by  peddlers,  etc.,  without, 

void  3890. 
Corporation  doing  business,  to  obtain,  when 

3728. 
Corporation,  officer  to  make  statement  for 

3737. 

Cost  in  suit  for,  to  include  what  3737. 
County  commissioners  forfeit  office,  how  and 

when  3868. 
County    commissioners    not    to    allow    any 

claim  of  sheriff,  when  3740. 
County  commissioners,  sheriff  to  file  state- 
ment  of   auditor   for   license   settlement 

3740. 

County  general  fund,  to  receive  part  dance- 
hall  license  3736. 

County  treasury  to  receive  tax  3743. 
Crime,  felony  for  sheriff,  treasurer,  auditor 

to  issue  fraudulent  3744. 
Criminal  action  for  nonpayment,  defendant 

may  plead  in  bar,  what  3737-. 
Criminal  action,  nonpayment  of,  defendant 

may  plead  what  in  bar  3737. 
Damages,  liquidated,  amount  to  be  collected 

in  suit  3737. 

hall,    license   for   conducting,    what 

3736,  6511-6513. 

Dance  hall,  etc.,  paid  into  what  funds  3736. 
Defendant  in  criminal   action  for  nonpay- 
ment of  license  may  plead,  what  3737. 
Definition,  itinerant  merchant,  trader,  ped- 
dler, etc.  3891. 
District  attorney,  forfeit  office  for  failure 

to  act  regarding  3870. 


Licenses — continued. 
District  attorney  to  make  affidavit  in  suit 

for,  when  3737. 
District  attorney  to  prosecute  persons  doing 

business  without  3870. 
District  attorney  to  receive  fee  in  license 

stiit  3737. 
Doing  business  without,   penalty  for  3870, 

6810. 

Double  license,  required,  how  and  when  3737. 
Drummer,   act  concerning  not  to  apply  to 

hucksters  and  peddlers  3880,  3890,  3895. 
Drummer,    exempt    from    certain    licenses, 

when  3879. 
Drug  stores  to  use  liquors  without,  when 

3731. 
Duty  of  peace  officers  to  see  that  peddlers 

have  3735. 

Duty  of  sheriff  to  collect  from  whom  3741. 
Duty  of  sheriff  to  exact  statement  under 

oath,  person  liable  for  3737. 
Engineer's  license,  acting  without  license  for 
certain  engines  and  hoists,  penalty  3904. 

Application  for  license  for  stationary  en- 
gineer, how  issued  3899. 

Applicant  to  take  oath  as  to  experience 
before  engineer's  license  issued  3900. 

Cause  for  revoking  stationary  engineer's 
license,  what  3901. 

Cities  or  towns  to  operate  stationary  en- 
gines or  hoists  without  license,  when 
3904. 

Commissioners  to  prepare  oath,  affidavit 
and  license  for  stationary  engineers 
3899. 

Complaint  against  licensed  engineer  to  be 
investigated  by  commissioners  3901. 

County  clerk,  stationary  engineer  to  file 
license  with,  when  3902. 

County  commissioners  shall  not  issue  sta- 
tionary engineer's  license,  when  3900. 

County  commissioners  to  issue  license  for 
stationary  engineers,  how  and  when 
3899. 

County  commissioners  to  regulate  station- 
ary engineers,  steam  hoists,  etc.,  how 
3898. 

County  commissioners  to  revoke  station- 
ary engineer's  license,  when  3901. 

Exempt  from  obtaining  license  for  certain 
engines  and  hoists,  who  3904. 

Experience,  oath  of  to  be  made  by  appli- 
cant for  engineer's  license  3900. 

Fee  for  obtaining  stationary  engineer's 
license,  what  3903. 

Fees  for  engineer's  license  to  go  to  gen- 
eral county  fund  3903. 

Filed  with  county  clerk,  when  3902. 

Fund,  general  county,  to  receive  engineer's 
license  fees,  when  3903. 

Good  in  one  county  good  in  all,  when  3902. 

Hoisting  machinery  and  apparatus  of 
mines  regulated  by  commissioners  3898. 

Intoxication,  engineer's  license  revoked 
for,  not  to  be  again  issued  in  state  3901. 

License  for  stationary  engineers  to  be  is- 
sued by  county  commissioners,  how  and 
when  3899. 

Mining  hoists  to  be  operated  by  licensed 
engineers,  when  3904. 

Misdemeanor  to  operate  certain  engines 
and  hoists  without  license  3904. 


2533 


INDEX 


Revenue 


Licenses,  engineers' — continued. 
Engineer's,  no  license  to  be  issued  unless 
commissioners    satisfied    of    applicant's 
competency  3900. 

Oath  as  to  experience  to  be  taken  by  ap- 
plicant for  engineer's  license  3900. 
Operation  of  stationary  engines  and  hoists 
to  be  regulated  by  commissioners  3898. 
Persons    operating    certain    engines    and 

hoists  without  license,  penalty  3904. 
Private  persons  to  operate  own  machinery 

and  hoist  without  license,  when  3904. 
Prohibition  against  issuing  stationary  en- 
gineer's license,  what  3900. 
Revocation   of  engineer's   license  for   in- 
toxication final  in  all  counties  3901. 
Revocation  of  stationary  engineer's  license 

for  cause,  when  3901. 
Revoked  for  cause,  when  3901. 
Revoked,   not  to  be   issued  again,   when 

3901. 
Stationary    engineer's    license   not   to    be 

granted,  when  3900. 
Stationary  engineer's  license  issued  In  one 

county  good  in  another,  when  3902. 
Stationary    engines    to    be    regulated    by 

commissioners,  when  3898. 
Stationary  engineer  to  pay  fee  for  license, 

what  3903. 

Towns  or  cities  to  operate  stationary  en- 
gines without  license,  when  3904. 
Who  exempt  from  obtaining  license  for 

stationary  engine  and  hoist  3904. 
Evidence,  license  deemed  evidence  of  pay- 
ment, when  3737. 
Exacted  by  incorporated  town  must  be  paid 

together  with  county  3737. 
Exempt  from  certain  license,  salesmen  and 

drummers,  etc.,  when  3879,  3893. 
Exempt  from  paying  license,  who  3731. 
Exemption,  farm  and  range  products  from 

peddler's  license  3894. 

Exceptions,  in  matters  of  paying,  what  3731. 
Failure,  board  to  act  on  complaint  against, 

penalty  3868. 

Failure  officer  to  revoke  when  ordered,  pen- 
alty 3870. 

Farm  and  range  products  exempt  from  ped- 
dler's license,  when  3894. 
Felony  for  person  to  issue  fraudulent,  when 

3744. 
Fees  and  licenses  collected  from  insurance 

to  go  to  state  general  fund  3761. 
Fees  and  licenses  collected  under  act  to  re- 
strict gaming  to  go  to  state  general  fund, 
what  3761,  6518. 
Fees  collected  in  suit  for  license,  how  paid 

3737. 
Fees  received  by  sheriff  as  collector,  what 

3745. 

Fees,  sheriff  to  give  civil  war  veterans  ped- 
dler's license,  when  3797. 
Forfeiture   of   office   by   commissioners   for 

failure  to  act  in  matter,  when  3868. 
Forfeiture  of  office  by  person  failing  to  re- 
voke, when  ordered  3870. 
Funds,  county  general  to  receive  license  tax, 

what  3743. 
Funds,    license    for    dance    hall    paid    into, 

what  3736. 

Funds,  state  general,  fees  and  license  of  In- 
surance to  go  into,  when  1280,  3761. 


Licenses — continued. 

Honorable  discharge  certificate  entitles  vet- 
eran to  free  peddler's  license,  when  3897. 

Hotels,  lodging  and  boarding-houses,  to  have 
separate  license  for  liquor,  etc.  3734. 

Hotels,  boarding-houses,  restaurants,  etc., 
what  3734. 

Hotels,  classified  for  purpose  of  3734. 

Hotel,  lodging  and  boarding  to  have  sepa- 
rate, for  sale  of  liquors,  etc.  3734. 

Houses  of  amusement,  license  for  conduct- 
ing, what  3736. 

Hurdy-gurdy  houses,  license  for  conducting, 
what  3736. 

Incorporated  town  may  exact,  when  3737. 

Issuance  or  possession  of  fraudulent,  felony 
3744. 

Judgment  in  suit  for  to  include,  what  3737. 

Justice  of  peace  to  see  that  peddler  has 
license  3735. 

Liability  of  sheriff  and  bondsmen  for  negli- 
gence in  not  collecting  3741. 

Limit  as  to  time  of,  what  3738. 

Limit  for  time,  license  granted,  what  3738. 

Liquidated  damages  to  be  collected  in  suit 
3737. 

Liquor  and  wines,  sale  of  to  be  licensed, 
how  3732. 

Liquors  or  wines,  sold  by  traveling  vendors 
3735. 

Liquor  dealers  classified,  for  3733. 

Liquor  dealer's  license  to  contain  what  3733. 

Liquor  dealer  to  pay  license  3731,  3732,  3733. 

Liquor  not  to  be  sold  on  certain  days  3733. 

Lodging-house,  not  to  pay  license,  when 
3734. 

Made  out  in  full  by  auditor,  how  and  when 
3740. 

Manner  and  mode  of  collecting  cigarette 
3876. 

Medicines,  liquors  used  in  preparation,  li- 
cense not  necessary  3731. 

Merchant,  classified  according  to  amount  of 
business  3732. 

Merchant  to  pay  quarterly  licenses,  when 
3731. 

Merchant,  peddlers,  hawker,  etc.,  to  secure, 
how  and  when  3735. 

Merchant  with  wagon  to  procure  license 
3735. 

Minors,  unlawful  to  sell  or  give  cigarettes 
or  papers  to  3874. 

Misdemeanor,  doing  business  without  3737. 

Misdemeanor  to  collect  license  without  de- 
livering same  3744. 

Misdemeanor,  peddler  without,  when  3735. 

Misdemeanor,  rent  or  hire  out  automobiles 
without  3878. 

Misdemeanor,  sell  or  give  cigarettes  or  pa- 
pers to  minors  3875. 

Moneys  collected  from  to  go  to  county  gen- 
eral fund  3743. 

Negligence  of  sheriff  in  not  collecting,  what 
3741. 

Not  accounted  for,  to  be  deducted  before 
sheriff's  claims  allowed  3740. 

Not  necessary  for  use  of  liquor  as  medi- 
cine, when  3731. 

Oath,  persons  liable  for  license  to  make 
statement  under,  how  and  when  3737. 

Obtained  by  brokers,  what  3729. 

Obtained  by  common  carrier,  when  3730. 


Revenue 


INDEX 


2534 


Licenses — continued. 
Obtained  by  corporation,  when  3728. 
Obtained  by  liquor  dealers,  what  3731-3733. 
Obtained  by  person  conducting  bank,  what 

3728. 

Officers  to  see  that-  peddlers  take  out  3735. 
Officers  failing  to  carry  out  order  of  board 

revoking  license,  penalty  3870. 
Paid  by  merchant,  what  3731. 
Paid  in  advance,  when  3727. 
Payment  of  by  bankers,  how  and  when  3730. 
Payment  of  for  brokers,  what  and  how  made 

3730. 
Peddlers'  licenses,  collection,  how  and  when 

made  3894. 
County  to  collect  $300  peddler's  license, 

when  3892. 
Drummers  not  affected  by  laws  relating 

to  peddlers,  etc.  3893,  3879. 
Exemption  from,  soldiers  and  sailors  civil 

war  3896. 

Failure  to  obtain,  penalty  3895. 
Good  for  one  month  only  3892. 
Honorable  discharge  certificate  entitles 

veteran  to  peddler's  license,  when  3897. 
How  secured  in  each  county,  when  3892. 
Hucksters  and  peddlers  not  exempt  from 

3880. 

Itinerant   merchant,   peddler,   trader,   de- 
fined 3891. 
Itinerant  or  unsettled  merchant  to  obtain 

license  3890. 

License  for  merchant  3731. 
License  for  peddler,  what  3735,  3890,  et 

seq. 
Merchant,    itinerant   or   unsettled   obtain 

license  3890. 
Merchant,  itinerant,  peddler,  etc.,  defined 

for  purpose  of  license  3891. 
Misdemeanor  not  obtain  peddler's  license, 

when  3895. 

Not  taken  out  for  farm  and  range  pro- 
ducts, when  3894. 
Peddlers  or   hucksters  not   exempt   from 

license  3890,  3895. 
Peddlers,    itinerant   merchant,    trader   or 

auctioneer    obtain     license,     exemption 

3735,  3880,  3890,  3896,  3897. 
Peddler,  secure  license,  how,  when  3735. 
Peddling  license,  how  issued  and  collected 

3894. 

Peddling  without  license,  penalty  3735. 
Penalty  not  taking  out  peddler's  license, 

what  3895. 
Procured  by  veteran  soldiers  and  sailors 

free,  how  3897. 

Procured  in  every  county,  when  3892. 
Sailors  and  soldiers  (veterans)  peddle  goods 

without  paying  for  license,  when  3896. 
Sales  or  contracts  for  sales  by  peddlers 

without  licenses,  void  3890. 
Selling   goods   without   peddler's    license, 

penalty  3895. 
Sheriff  failing  to  enforce  act  concerning 

peddling  license,  penalty  3895. 
Sheriff  on  presentation  of  certificate  hon- 
orable discharge  give  veterans   license 

3897. 
Traveling  salesman  not  affected  by  laws 

to  peddlers,  when  3893. 
Unlawful    to   peddle   goods,    merchandise 

without  license  3890. 


Licenses,  peddlers' — continued. 

Wholesale  houses,  drummers  and  travel- 
ing men  exempt  from  peddler's  license, 
when  3893. 

Penalty,  carrying  on  business  without  license 
3737. 

Hiring  out  or  renting  automobiles  with- 
out license  3878. 

Peddling  without  license  3735. 

Person  doing  business  after  license  re- 
voked 3870. 

Sale  or  gift  of  cigarettes  to  minors  3875. 
Person,  hiring  or  renting  automobile  to  ob- 
tain license,  when  3877. 

Not  obtaining  same,  sued,  how  and  when 
3737. 

Operating,  license  revoked,  penalty  3870, 
6810. 

Prohibited  from  selling  or  giving  ciga- 
rettes, when  3874. 

Selling  or  giving  cigarettes  to  minors, 
penalty  3875. 

Who  keeps  automobile  for  hire  without 
license,  penalty  3878. 

Who  must  take  out  cigarette  license  3873. 
Personal  property  sold  tor  license,  how  and 

when  3742. 
Petition  of  freeholder  of  school  district  filed 

against  license,  how  and  when  3868. 
Plaintiff  in  suit  for  license  need  not  put  up 

undertaking  on  attachment,  when  3737. 
Pleading,  suit  commenced  in  name  of  state 

for  license,  when  3737. 
Possession    of    fraudulent    licenses    felony, 

when  3744. 

Prize-fights,  admission  fee  charged  to  prize- 
fight, when  3888. 

Amount  of  license  for  prize-fights  3882. 

Auditor  of  county  prepare  prize-fight  li- 
cense, how  and  when  3883. 

( Vrtificate  of  doctors  as  to  prize-fighter's 
condition  filed  with  clerk,  when  3884. 

Condition  of  fighter  certified  to  by  doctor 
and  filed  with  county  clerk  3884. 

Contest  within  enclosure,  and  liquor  for- 
bidden, when  3885. 

Contrary  to  law,  misdemeanor  3889. 

County  treasurer  receive  portion  prize- 
fight license  3887. 

Division  of  license  derived  from  prize- 
fights 3887. 

Enclosure  for  glove  contest,  liquor  for- 
bidden, when  3885. 

Exhibition  with  gloves  for  wager,  license 
procured,  when  3881. 

Glove  contest,  who  may  procure  license 
for  3881. 

License,  collected  from   prize-fights,   how 

apportioned  3887. 
Cost  of  license  3882. 
Delivered   by  sheriff,   contain  name  of 
licensed  contestants  and  rewards  3883. 
How  issued  and  accounted  for  3883. 
Procured,  when  3881. 
Who  may  procure  license  for  glove  con- 
test 3881. 

Licensee  of  prize-fight  file  doctor's  certifi- 
cate with  county  clerk,  how  and  when 
3884. 

Misdemeanor  to  conduct  or  have  prize- 
fight, when  3889. 


2535 


INDEX 


Revenue 


Licenses,  prize-fight  —  continued. 

Prize-fight,   not   prohibited   by   municipal 

corporations  3886. 
Penaltv  for  violation  of  sections  relative 

to  prize-fights  3880. 
Person  procuring  license  authorized  charge 

admission  to  lights  :isss. 
Person  violating  provisions  of  law  relative 

to  prize-fights,  penalty  3889. 
Physicians  certify  as  to  condition  of  con- 

testants 3884. 
Prize-fighter's  condition  certified  by  doc- 

tors and  filed  with  county  clerk  3884. 
Regulation  prize-fights  by  municipal  cor- 

poration, prohibited  388G. 
Sale   or   giving   intoxicating   liquors   for- 

bidden in  prize-fight  grounds  3885. 
Sheriff  issue  license  for  prize-fights,  when 

8882. 
Slate  treasury  receive  portion  prize-fight 

license,  what  3887. 
Sunday,  no  prize-fight  can  take  place  on 

3886. 
Tnwn.  city  or  municipal   corporation  has 

no  power  to  govern  prize-fight  3886. 
rnlawful  to  sell  or  give  away  Intoxicat- 

ing liquor  at  pri/.e-light  3885. 
Who   mav   procure  license  for  glove  con- 

test :;ssi. 

Weight  of  gloves  to  be  not  less  than  3881. 
Within  enclosure,  how  3885. 
Proceedings  against  licensed  business,  how 

i  nst  it  ut  (Ml  .",X68. 
Procured,  when  .">".".<  . 
Products   of   farm   and    range  exempt   from 

peddler's  license  .",894. 
Property  sold  for  license,  what  3742. 
Pun  -haser  of  license  receive  receipt,  when 

3730. 
Quarterly  license  for  sale  of  cigarettes  or 

eigaivite  pajters.  what  3872. 
Ranire  and  farm  products  exempt  from  ped- 

dler's license  :JMH. 
Receipts  for  license  signed  by  sheriff,  when 


Rent  service,  automobiles,  secure  license  for 

3877. 

Restaurants  obtain  license,  what  3734. 
Retail  liquor  license  amount  3733,3777,3785. 
Returned  by  sheriff  filed  and  canceled  by 

auditor,  how  3740. 
Revocation  of  license  by  board  of  county 

commissioners  for  cause,  when  3867. 
Revoked  by  town  boards,  city  trustees,  city 

council  3869. 

Revoked  or  withdrawn  by  sheriff,  when  3868. 
Sale  of  cigarettes   or  cigarette  papers,   li- 

cense for  3872. 
Sale  or  giving  cigarettes  or  papers  unlawful, 

when  3874. 
Sale  of  liquor  or  wines,  licenses  to  be,  what 

3732. 
Sale  of  personal   property  for   license  tax 

3742. 
Sale  of  property  for   payment   of   licenses 

3742,  3718. 
Salesman,  not  to  pay  county,  town  or  city 

license,  when  3879. 
Savings  banks  license,  what  3729. 
Separate   license   obtained   for   each   estab- 

lishment in  county  3729,  3730. 


Licenses — continued. 
Sheep,  annual,  amount  of  and  how  graded 

3768. 
Attachment,  writ  levied  against  sheep  for 

license,  when  3770. 

Auditor  prepare,  how  and  when  3771. 
Authorized  owner  to  do  what  3770. 
Collectors  of  licenses  for  sheep  classify 

according    to    number,    how    and   when 

3770. 

Collector  receive  fee  for  sheep  license  3772. 
Costs  of  suit  for  collection  for  sheep,  what 

8770. 
County,    license    procured   by   owners   of 

sheep,  how  and  when  3768. 
County  treasurv.  license  money  paid  into 

by  sheriff  .",77.",. 
Criminal  action  for  failure  to  pay  sheep 

license,  presumption,  what  3770. 
Damage,   award   in   suit    for  collection  of 

sheep   license,   what  ">770. 
Definition  of  person  as  applied  to  issuing 

sheep  licenses  3774. 
District    attorney    to    commence4    suit    for 

3770. 
District   attorney  receive  fees  in  suit  for 

3770. 
Double   paid    by   owners   underestimating 

number  of  slice])  .".770. 
Evidence  of   payment,  judgment,  etc.,   for 

sheep    license    bar    to    criminal    action, 

when  ",77(». 
Evidence  of  payment  of  sheep  license  bar 

to  criminal  action  3770. 
Failure  to  procure  sheep  license,  misde- 
meanor ">7<)!>. 
Failure  to  procure  sheep  license,  penalty 

8769, 

Fees  paid   in  suits  for  collection  sheep  li- 
cense, what  ">77<:'. 
Fees    paid    sheriff   by   person    purchasing 

sheep  license  3772. 
General    fund,    license   money   to  go    into 

county,  when  3773. 
(irades,  for  purpose  of  sheep  license,  what 

8768. 

Judgment  in  suit  for  collection  sheep  li- 
cense, what  3770. 
Land  owners  not  liable  for  sheep  licenses, 

when  3768. 
Lessee  of  sheep  liable  for  annual  license, 

when  3768. 

Liable  only  for  one  annual  license  3768. 
Liability  for  failure  procure  sheep  license, 

what  3770. 

Misdemeanor,    failure    procure    sheep    li- 
cense, when  3769. 
Money  collected  from   licenses  placed  in 

general  county  fund  3773. 
Money  paid  county  treasurer,  how  3773. 
Oath,  sheep  owners  furnish  sheriff  with 

statement,  when  3770. 
Owners  make  statement  under  oath,  when 

3770. 
Pasturage    sheep,    license    obtained,    how 

and  when  3768. 
Payment  sheep  license  may  be  plead  in 

bar,  criminal  action,  when  3770. 
Penalty  for  failure  to  procure,  what  3769. 
Person  defined  with  reference  to  sheep  li- 
cense 3774. 


.Revenue 


INDEX 


2536 


Licenses,  sheep — continued. 
Persons  exempt  from  paying  annual  sheep 

license  3768. 

Persons  failing  obtain  same,  guilty  mis- 
demeanor, when  3769. 
Person  not  procuring  sheep  license,  pen- 
alty 3770. 

Pleading,   action  for  collection   sheep   li- 
cense brought  in  name  of  state  3770. 
Prepared  by  auditor,  how  and  when  3771. 
Procured   from   sheriff   by   sheep   owner, 

when  3768. 
Sheep  owners  procure  license  from  sheriff, 

when  3768. 

Sheriff,  cause  suit  for  collection  unpaid, 
how  and  when  3770. 

Deduct  commission  from  license  collec- 
tion, how  and  when  3773. 

Duty    to    require    sheep    owners    make 
statement  under  oath  3770. 

Issue  licenses  to  sheep  owners,  how  and 
when  3768. 

Receive  fee  for  sheep  licenses,  how  3772. 

Receive  fee   in   suit  for  sheep   license 
3770. 

Receive  license  for  sheep  from  auditor 
3771. 

Receive  percentage  of  collections,  how 

3773. 
Suit  for  collection  of  sheep  license,  how 

commenced  3770. 
Treasurer  place  license  money  in  general 

fund,  when  3773. 
Writ  of  attachment  levied  against  sheep 

for  unpaid  license  3770. 
Sheriff  and  bondsmen  liable  for  negligence 

in  license  collection  3744. 
Sheriff  and  bondsmen  liable  for  negligence 

in  not  collecting  3741. 
Sheriff,  as  license  collector,  make  diligent 

search,  when  3737. 
As   license   collector,    receive   fees,   what 

3745. 
Authorized  sell  property  for  license  tax, 

how  and  when  3742. 
Classify  persons  in  business  for  licenses, 

when  3731. 
Collect  license  for  dance  hall,  hurdy-gurdy 

house,  etc.,  what  3736. 
Credited  by  auditor  for  licenses,  how  and 

when  3741. 
Credited  with  collection  of,  how  and  when 

3741. 
Ex    officio    license    collector    of    licenses, 

when  3727. 
Failing  to  revoke  license  when  instructed, 

forfeiture  of  office  3870. 
File  with  county  commissioners  certified 

statement  of  auditor,  when  3740. 
File  treasurer's  receipt  for  license  money 

with  auditor  3741. 

Give  license  to  certain  persons,  when  3732. 
Issue  license  for  automobiles,  when  3877. 
Issue  license  to  liquor  dealers,  how  and 

when  3733. 

Issue  licenses  to  traveling  merchants,  ped- 
dlers, etc.  3735. 
Issuing  or  having  in  possession  fraudulent 

licenses,  felony,  when  3744. 
Licenses  not  accounted  for  deducted  be- 
fore any  claim  is  allowed  3740. 


Licenses — continued. 

Sheriff,  make  affidavit  in  suit  for  licenses 
3737. 

Make   inquiries  for  person   liable  for  li- 
cense 3737,  6810. 

No  claim  of  sheriff  allowed  until  license 
settlement  made  3740. 

Open  monthly  license  account  with  audi- 
tor 3741. 

Pay  over  monthly  license  collected  3741. 

Receive  licenses  from   auditor,   how  and 
when  3740. 

Return  licenses  unused  and  auditor  file 
and  cancel  same  3740. 

Revoke    or    withdraw    certain    licenses, 
when  3868. 

See  that  peddler  has  license  3735. 

Sign  license  receipt,  when  3739. 
Signed  by  auditor  and  returned  to  sheriff 

3740. 
Soldiers  and  sailors,  peddle  without  paying 

for  licenses,  how  and  when  3892,  3896. 
State  general  fund,  all  fees  and  license  in- 
surance, paid  into  3761. 

Receive  fees  and  license  from  act  to  re- 
strict gambling,  what  amount  3761. 

Receive  part  dance-hall  licenses  3736. 
State   liquor,   blank   for,    supplied   by   con- 
troller 3778. 

Bullion  tax   agent,   enforce  collection  of 
3783. 

Controller  to  furnish  sheriff  with  3781. 

Controller  make  settlement  with  sheriff 
for,  quarterly  3782. 

Drug  store  pay  retail  state  liquor  license, 
when  3779. 

Expire  with  calendar  year  3785. 

Failure  to  collect,  penalty  3784. 

Forfeiture  of  office  by  sheriff  for  neglect 
duty,  when  3784. 

Form  of,  provided  by  controller,  what  3778. 

Furnished  by  controller  3781. 

Furnished  sheriff  by  controller  3781. 

Misdemeanor    sell    liquor    without    state 
license,  when  3784. 

Money  collected  for,  paid  state  treasury 
3782. 

None  given  for  less  than  quarter-year  3785. 

Not  refunded  3785. 

Not  transferable  3777. 

Office,  sheriff  to  forfeit  for  not  collecting 
3784. 

Payment  and  expiration  of  3785. 
,  Penalty  for  failure  to  pay  3784. 

Persons  liable  for  3777. 

Procured,  how  and  when  3777,  3783. 

Quarterly  settlement  for,  made  by  sheriff 
to  controller  3782. 

Retail,  amount  of  3779. 

Retail  to  be  written  on,  how  and  when 
3780. 

Retail,    who    deemed    retail    liquor    mer- 
chants 3779. 

Selling  without,  penalty  3784. 

Settlement  made  with  controller  quarterly 
for,  by  sheriff  3782. 

Sheriff  failing  to  collect,  penalty  3784. 

Sheriff  forfeit  office  for  failure  collect  3784. 

Sheriff  issue  and  collect,  how  and  when 
3779. 

Sheriff  pay  license  money  in  state  treas- 
ury, when  3782. 


2537 


INDEX 


Revenue 


Licenses — continued. 

State  liquor,   sheriff  receive   licenses   from 

controller  3781.  4240,  4248. 
Sheriff    settle    quarterly    with    controller 

for  3782. 
State   license   and   bullion    tax    agent   to 

enforce  collection  of  3783,  4240.  4248. 
State    treasurer    receive    liquor     license 

money  3782. 
Vacancy  in  office  of  sheriff,  how  and  when 

created  3784. 
Venders  of  liquor,   wines,  etc.,  traveling 

in  wagons  3735. 
Wholesale,  amount  of  3780. 
Wholesale  dealer,  defined  3780. 
Wholesale  what  :>780. 
Wholesale  written  on  state  liquor  license, 

how  and  when  3780. 
Year,  divided  into  quarters  for  3785. 

Statement  furnished  by  persons  paying  li- 
censes, when  3737. 

Suit  commenced  against  person  for  license 
money,  how  and  when  3737. 

Taxpayers  school  district  file  complaint 
airainst  licensed  business,  how  and  when 
3688. 

Time,  limit  as  to  licenses  granted  3738. 

Town  board  hear  complaint  a  gainst  certain 
licensed  business,  when  3868. 

Town  board  revoke  license  for  cause,  when 
3860. 

Town,  incorporated  may  exact  license,  when 
3787. 

Trader,  obtain  license,  when  3890. 

Traveling  merchant  secure  license,  when 
and  how  3735. 

Traveling  salesmen  exempt  from  certain  li- 
censes, when  3879. 

Treasurer  charged  by  auditor  with  license 
money  received  3741. 

Treasurer  countersign  and  deliver  to  au- 
ditor, when  3739. 

Treasurer  countersign  license  receipts,  when 
3739. 

Treasurer  countersign,  give  sheriff  receipts 
for  license  money  3741. 

Treasurer  possessing  or  issuing  fraudulent 
license,  felony,  when  3744. 

Treasurer  receive  license  money  from  sher- 
iff, how  and  when  3741. 

Treasury,  county  receive  license  tax  3743. 

Undertaking,  on  behalf  of  state  not  neces- 
sary in  suit  for  licenses  3737. 

Unlawful  give  or  sell  cigarettes  to  person 
under  twenty-one  3874. 

Unlawful  impose  on  drummers  and  sales- 
men, when  3879. 

Vacancy  in  board  of  county  commissioners 
caused,  how  and  when  3868. 

Venders  of  liquors,  wines,  etc.,  traveling  in 
wagons  3735. 

Veterans  of  civil  war  to  peddle  without  pay- 
ing for  license,  how  3896. 

Who  exempt  from  paying  license  3731. 

Writ  of  attachment  issue  in  suit  for  collec- 
tion license,  how  and  when  3737. 

Taxation — 

Account  of  treasurer  to  be  balanced  by  au- 
ditor, how  and  when  3748. 

Action  for  delinquent  taxes  commenced, 
how  and  when  3657,  3659,  3865. 


Taxation — continued. 

Action  for  foreclosure  of  mortgage  to  lien, 
affidavit  of  tax  payment  to  be  attached 
to  complaint  3756. 

Action  to  recover  possession  of  property  be 
obtained   by   tax   deed,   commenced,    how 
and  when  3666. 
Acknowledgment  of  deed  of  treasurer,  by 

whom  made  3653. 
Adjournment,  board  of  equalization,  when 

3638. 
Administrator  may  be  assessed  for  estates, 

how  and  when  3629. 
Ad  valorem  state  tax,  what  3617. 
Ad  valorem  tax  to  be  levied  by  county  com- 
missioners for  county,  how  and  when  3762. 
Advertisement   of  delinquent   tax   property 
by  treasurer,  how  and  when  3651,  3865, 
3646. 
Allidavit,  arrest,  concerning  certain  personal 

property  taxes  3679. 

Filed  by  auditor  witn  the  district  attor- 
ney, how  and  when  3657. 
Made   by   assessor    in    personal    property 

tax  suit  3679. 
Made    by    assessor    relating   to    personal 

property  taxes,  when  3(579. 
Made  by   mortgagee  or  other   person  of 

payment  of  taxes  3755. 
Made  of  payment  of  taxes  before  release 
of  mortgage  or  lien  is  filed  by  recorder 
3751. 
Made  on  foreclosure  of  mortgage  or  lien, 

what  3756. 
Paying  over  taxes  to  be  made  by  district 

attorney  3674. 

Payment  of  taxes  3674,  3755. 
Publication  to  be  prima  facie  evidence  in 

tax  suit,  when  3756. 
Satisfaction  on  mortgage  or  lien,  penalty 

for  false  swearing  3755. 
Taxes,  payment  to  be  made  before  satis- 
faction of  mortgage  or  lien  entered  by 
recorder  3755. 
Annual   reports  to   be  made  to   controller, 

how  and  when  3835. 

Annual  tax  levy  to  be  made  by  county  com- 
missioners, how  and  when  3762. 
Answer,  failure  of  defendant  to  answer  sum- 
mons in  tax  suit,  what  3663. 
Answer  in  tax  suit,  to  be  made,  how  and 

when  3665. 

Answer  in  tax  suit,  to  be  verified  3664,  3682. 
Answer  of  defendant  in  tax  suit,  to  contain 

what  3664. 
Answer  to  delinquent  taxpayers,  how  and 

when  made  3663. 
Answer  to  be  filed  by  owner  of  personal 

property  in  suit,  when  3679. 
Apportionment  of  county  funds,  made,  how 

1555-1557,  3764. 

Apportionment  tax  money,  how  made  3647. 
Arrest  to  be  made  for  attempt  to  convey 

property,  when  3679. 
Arrest  to  be  made  when  taxpayer  about  to 

abscond  3679. 
Assessed  against  live  stock  at  large,   how 

levied  3843. 
Assessment,  added  by  board  of  equalization, 

how  3638. 

By  assessors  3624,  3797-3812,  3814,  3838- 
3840,  3843,  3845-3861,  3786,  3790-3792. 


Revenue 


INDEX 


2538 


Taxation — continued. 

Assessment,-  certain  lands,  minimum  valua- 
tion, to  be  what  3838. 
Charged   by   board   of   equalization,    how 

and  when  3638. 

Express  companies,  how  made  3791. 
Lands  by  board  of  assessors  to  stand,  when 

3840. 

Live  stock  at  large,  how  made  3843. 
Mines  for  taxes,  how  made  3687. 
Personal  property  of  railroads,  how  made 

3815. 
Proceeds  of  mines,  how  and  when  made 

3689. 

Property  at  full  cash  value  3624. 
Property  held  in  trust  by  treasurer,  how 

possessed  3670. 
Property    in    several    counties,    how    paid 

3628. 

Property  when  owner  unknown  3624. 
Railroads    failing    to     furnish     required 

statement  3817. 

Railroads,  how  made  3814,  3816,  3794. 
Rate,  to  set  for  taxation  of  property  3633. 
Assessment  roll,  auditor  to  enter  schedules, 

when  3680. 
Changed  by  auditor,  how  and  when  3638, 

3640. 

Computed,  when  3635. 
Contain,  what  3633. 
Corrected    by    auditor    to    be    delivered 

when  3641,  3795. 

Delivered  to  auditor,  when  3640. 
Delivered  to  clerk,  when  3636. 
Duties  of  auditor  upon  receipt  of  3794. 
Names  to  be  listed  alphabetically  3633. 
Open  for  inspection,  when  and  where  3636. 
Tax   receiver  to  subscribe  to  oath  upon 

3796. 

Turned  over,  how  and  when  3648,  3796. 
Assessment  schedules  to  be  turned  over  to 

auditor,  when  3680. 
Assessment,  statement  to  be  furnished  as 

sessor  by  mine  operators  3690. 
Assessment,  when  and  how  made  3624. 
Assessor,  and  bondsmen  to  be  sued  for  taxes 

on  lands,  when  3839. 
Duties  as  to  personal  property  tax,  what 

3678. 
Furnished  books  by  county  commissioners 

when  3623. 

Liable  for  property  not  assessed  3625. 
Liability  for  using  tax   receipt  not  pro- 
vided by  law  3684. 

Liable  for  taxes  on  unassessed  lands  3839. 
Map  to  contain,  what  3634. 
May  be  removed  from  office,  when  3681. 
Neglect  to  make  monthly  statement,  mis- 
demeanor 3681. 

Not  liable  for  taxes,  when  3679 
Not  liable,  when  3627. 
Shall  demand  statement  3624. 
Assessors,  state  board  of,  valuation  placed 

on  lands  to  stand,  when  3840. 
Assessors,    assess    patented    and    contract 

lands,  how  3838. 
Be    furnished    list   of   property    in   other 

counties  3626. 
Be  present  board  of  equalization,  when 

Be  removed  from  office,   how  and  when 
3684,  3753. 


Taxation— continued. 
Assessors,  bring  suit  for  taxes  district  court, 

when  3679. 
Bring  suit  for  taxes  justice's  court,  when 

3679. 
Collect    entire    amount    of   personal    tax 

except,  when  3866. 

Collect  entire  personal  tax,  when  3866, 3678. 
Deliver  tax  list  to  taxpayer,  how  and  when 

3775. 
Demand    statement    from    railroad    as    to 

property  3814. 
File  list  tax  collector  with  auditor  under 

oath,  when  3680. 
File  treasurer's  receipt  for  tax  money  with 

auditor  3680. 
File  under  oath  list  of  tax  collections  with 

auditor  3680. 
Fix  valuation  of  railroad  for  taxes,  how 

3816,3797.    , 

Give  certificate  to  purchaser  at  tax  sale  3679. 
Have  hearing  before  county  commissioners 

3678. 
List  and  assess  proceeds  of  mines,  how  and 

when  3689. 

Mail  list  of  property  to  taxpayer  3632. 
Mail  or  express  list  in  other  counties  3627. 
Make  affidavit   in  personal    property  tax 

suits,  how  and  when  3679. 
Make    financial   settlement   with    auditor, 

when  3754. 
Make  affidavit  relative  to  personal  property 

taxes,  when  3679. 

Notify  assessor  in  other  counties,  when  3627. 
Pay  tax  money  over,  how  and  when  3680. 
Prepare  assessment  roll,  how  3633. 
Prepare  list  of  taxpayers,  how  and  when 

3632. 

Prepare  map  when  directed  by  county  com- 
missioners, 3634. 
Prepare  printed  list  taxpayers  and  property, 

when  3775. 

Receive  and  file  copy  of  levy  from  com- 
missioners, when  3763. 
Receive  blank  tax  receipts  from   auditor, 

how  and  when  3683. 
Receive  fee  for  tax  sale,  when  3679. 
Receive   no   compensation    except  salary, 

when  3765. 
Receive  personal  property  for  taxes,  how 

and  when  3679. 

Report  to  district  attorney  3624. 
Return  unused  blanks  and  stubs  of  receipts 

to  auditor,  when  3685. 
Seize  personal  property  for  taxes,  how  and 

when  3679. 

Take  oath  as  to  uniform  assessment  3635. 
Turn  over  assessment  schedule  to  auditors, 

when  3680. 
Use  personal  property  tax  receipts  prepared 

by  controller  3682. " 
Unlawful  to  prepare  other  tax  list,  when 

3776. 
Attorney-general  to  instruct  district  attorney 

to  remove  commissioners,  when  3834. 
Attorney-general  to  request  district  attorney 
to removecounty commissioners,  when 3828. 
Attorney-general  to  request  district  attorney 

to  remove  officers,  when  3830. 
Auction,  personal   property   to    be   sold    at. 
when  3679. 


2539 


INDEX 


Revenue 


Taxation — continued. 
Auditor,  action  instituted    and   directed   by 

controller,  when  3685. 
Add  up  tax  roll,  when  3641,  3794. 
Attach  certificate  to  tax  roll,  when  3641. 
Balance  treasurer's  account,  how  and  when 

3748. 

Be  removed  from  office,  how  and  when  3753. 
Charge  county  treasurer  with  moneys  paid 

in,  how  and  when  3747. 
Charge  tax  receiver  amount  taxes  levied 

9642. 
Compare  and  fill  assessment  schedules  with 

tax  collections  3680. 
Compare  delinquent  tax  list  with  receipts, 

how  and  when  3862. 
Compare  tax  list  and  receipts  with  district 

attorney  3675. 

Countersign  blank  tax  receipts,  when  3683. 
County,  to  inform  district  attorney  3t>2~>. 
Deliver  corrected  assessment    roll   to   tax 

receiver,  when  379">. 

Deliver  delinquent  tax  list  to  district  attor- 
ney, when  3657. 

Deliver  tax  roll  to  tax  receiver,  when  3641. 
Draw  warrant  in  payment  of  printing  tax 

list,  when  3775. 
Duties  upon  receipt  of  assessment  roll  3794, 

3641. 
Endorse  amount  due  from  state  and  county 

for  expenses  revenue  collections  3749. 
File  affidavit  with  district  attorney,  when 

3657. 
File  budget  prepared  by  commissioners  of 

county's  expense  3829*. 
File  delinquent  tax  list  and  statement  with 

commissioners,  how  and  when  3<S(i:_'. 
File  duplicate  voucher  for  claims  against 

state  with  county  treasurer  3749. 
File  list  of  judgments  obtained  by  district 

attorney  in  tax  suits  3674. 
File  receipts  of  taxes  with  district  attorney, 

how  and  when  3674. 
File   statement  of  uncollected   taxes  with 

board  county  commissioners  367"). 
File  sworn  statement  of  county  treasurer, 

how  and  when  3647. 
File  tax  receipt,  when  3651. 
Furnish  abstract  mortgages  and  liens  board 

of  equalization,  when  3638. 
Furnish    treasurer   with    necessary  report, 

when  3748. 
Give  acquittance  to  persons  in  return  for 

receipt  of  county  treasurer  3747. 
Give  delinquent  taxpayers  certificate, 'when 

3654. 

Give  district  attorney  receipt,  when  3675. 
Give  purchaser  of   tax   property   receipt, 

when  3668. 
Give    treasurer    and   tax  receiver  receipt, 

when  3862. 
Have  settlement  with  tax  receiver,  how  and 

when  3796. 

Liable  for  assessor's  defalcation,  when  3685. 
Liable  for  failure  to  notify  district  attorney 

3685. 
Mail  statement  to  controller,  showing  state 

and  county  taxes  3642. 
Make  changes  on  assessment  roll,  when 3638. 
Make  comparison  of  tax  receipts  with  sworn 

statement  of  assessor,  how  and  when  3686. 


Taxation— continued. 

Auditor,  make  final  settlement  with  tax  re- 
ceiver, how  and  when  3648. 
Make    financial    settlement    with   various 

county  officers,  when  3754. 
Mark  taxes  paid,  how  and  when  3680. 
Notify  district  attorney  of  failure  of  assessor 

to  make  statement  3681. 
Receipt  to  controller  for  blank  tax  receipts, 

when  3683. 
Receive  and  file  treasurer's  tax  receipt  from 

assessor  3680. 

Receive  assessment  roll,  when  3640. 
Receive    assessment   roll,  how  and    when 

3648. 
Receive  back  and  file  with  controller's  entry 

made  thereon  3748. 

Receive  delinquent  tax  list;  when  3646. 
Receive  and  file  copy  of   levy  from    com- 
missioners, when  3763. 
Receive  list  of  tax  collection  from  assessor 

3680. 
Receive   no   compensation  except   salary, 

when  3765. 

Receive  revised  tax  list  from  county  com- 
missioners, when  3675. 
Receive  statement  from  district  attorney  of 

uncollected  taxes  3675. 
Receive  unused  blank  tax  receipts,   when 

3686. 
Refusing    or   neglecting  duties  of,  felony, 

when  3751. 
Report  to  controller  of  taxes  struck  off  by 

commissioners  3862. 
Report  to  be  sent  to  the  controller  and  filed, 

when  3748. 
Report  to  state  controller  taxes  struck  off 

3675. 
Return  unused  receipts  and  stubs  to  state 

controller,  when  3686. 
Send  a  statement  to  controller  of  property 

delinquent  3796. 
Send   statement   to  state  controller,  when 

3750. 
Turn  over  blank  tax  receipts  to  assessor, 

how  and  when  3683. 
Balance  of  taxes  unpaid  to  be  remitted,  how 

and  when  3670. 
Banks,  assessment  of,  in  which  no  shares  of 

stock  issued  3819. 

Assessment  of  real  estate,  how  made  3821. 
Assessment  of  shares  of  stock  issued  3820. 
Assessment,    statements    relative   to,    fur- 
nished, when  3823. 
Assessor  to  receive  a  statement  from,  as  to 

shareholders  3823. 
Capital  stock,  statement  concerning,  given 

to  assessor  3823. 
Failure   of,   to   pay  taxes    on   its    shares, 

penalty  3824. 
Holders  "of   shares  of  stock    in,  assessed, 

how  3820. 
Liability  of  bank    for  taxes  upon  shares 

3824. 

Lien  on  shares  of  stock  to  have,  when  3825. 
List  of  stockholders  and  shares,  to  be  fur- 
nished by  3823. 
Owners  of  shares  of  stock,  how  determined 

3820. 
Payment  of  taxes  by,  gives  lien  on  shares 

and  property,  when  3825. 


Revenue 


INDEX 


2540 


Taxation — continued. 
Banks,  penalty  for  failure  to  pay  taxes  on 

shares  3824. 

Property  of,  assessed,  how  3819. 
Property  of,  assessed  to  owners,  how  and 

when  3819. 
Property  of,  to  be  assessed,  how  and  when 

3822. 
Property  of,  subject  to  liens  for  taxes,  how 

and  when  3825. 

Real  estate  of,  how  assessed  3821. 
Real  estate  only  to  be  assessed,  when  3822. 
Shares  of,  subject  to  lien  for  taxes,  how 

and  when  3825. 
Shares  of  stock  in,  assessed  to  owner,  how 

and  when  3820. 
Statement  of,  furnished  assessor,  to  contain 

what  3823.  • 
Stock,  shares   of,  to   be  assessed   at  cash 

value  after  deducting  real  estate  3820. 
Stock  assessed  to  owners  at  full  cash  value, 

how  and  when  3820. 

Stockholder  in,  to  be  assessed,  how  3822. 
Taxes  paid  on  its  shares  of  stock,  how  and 

when  3824. 
Taxes,  payment  of,  to  have  lien  on  shares 

of  stock  3825. 
Taxation,  to  furnish  statement  for  purpose 

of  3823. 

Basis  for  city,  town,  school,  road  3637. 
Basis  of  taxation  975-983,  3637. 
Benevolent  society,  what   property    exempt 

3621. 
Board  of  assessors,  absence  of,  vacancy,  how 

filled  3798. 

Ad  valorem  tax  to  be  what  3617,  3802. 
Allowed   expenses    upon   presentation    of 

itemized  claim  3858. 
Appropriation   to    carry  out  provisions  of 

act  3813. 
Assessment    of    personal    property,    how 

made  3617,  3803. 
Assessment,  uniform,  to  be  made  by  board 

of,  how  3797. 

Attendance  of,  compelled,  how  3798. 
Attorney-general  to  act  as  chairman,  when 

3798. 
Attorney-general  to  assist  district  attorney 

in  suit  against  3810. 
Auditor    to    notify    controller     aggregate 

assessment,  how  3806. 
Board  of  equalization  cannot  equalize  taxes 

assessed  by  3797. 
Board  of  examiners  to  allow  expense  claim 

of  3808. 

Board  of  revenue  to  institute  suit,  when  3809. 
Bond  on  appeal  to  stay  proceedings  against, 

when  3810. 

Bondsmen  of,  liable  for  penalty,  when  3809. 
Cattle  and  sheep  to  be  assessed  at  uniform 

rate  3797. 
Chairman  of  board  county  commissioners 

to  take  place  of,  when  3798. 
Chairman  to  preside  and   secretary  keep 

record  of  proceedings  3799. 
Claims  for  expenses  of  attendance  to  be 

allowed  by  board  of  examiners  3808. 
Claims  for  expenses  of  governor,  attorney- 
general  and  controller,  how  paid  3811. 
Composed,  how  3798. 


Taxation — continued. 

Board  of  assessors,  controller  to  receive  state- 
ment from  auditor  of  aggregate  assess- 
ments 3806. 

Controller  to  notify  assessor  of  state   tax 
rate  3804,  3617. 

Cost  of  suit  against  assessor,  how  paid  3810. 

District  attorney  ,toproceed  against  assessor, 
when  3798. 

District  attorney  to  remove  assessor  from 
office,  how  arid  when  3809. 

Duty  of  assessor  to  fix  valuation  of  prop- 
erty, how  3807. 

Enter  on  rolls  valuation  placed  by  3800. 

Equalization,   board    of,   cannot   equalize 
taxes  assessed  by  board  or  assessors  3797. 

Electric  light  and  power  lines  to  be  uni- 
formly assessed  3797. 

Excess  taxes  refunded,  how  and  when  3812. 

Expenses  of  assessor  in  attending  annual 
meeting,  how  paid  3808. 

Expenses    of    governor,     controller     and 
attorney-general,  how  paid  3811. 

Failure  of  assessor  to  vote,  cause  for  re- 
moval 3798. 

Failure  to  place  valuation  fixed  by  board, 
penalty  3809,  3828. 

Fix  valuation  same  as  placed  by  board  of 
3807,  3617. 

Forfeiture  of  office  by  assessor,  how  and 
when  3798,  3809. 

Governor,  controller  and  attorney-general 
to  fix  tax  rate,  when  3803,  3617. 

Governor's  secretary  to  be  clerk  3798. 

Governor  to  be  chairman  of  3798. 

Governor  to  issue  subpena    for    assessor, 
how  and  when  3798. 

Governor  to  vote  in  case  of  tie  3798. 

In  suit  against  assessor  either  party  has 
right  of  appeal  3810. 

Jurisdiction  of  court  in  removal  of  assessor 
from  office  3809. 

Levy,  reduction  made,  controller  to  credit 
counties,  how  3805. 

Levy,  to  be  what  for  taxes  3802. 

Notified  by  controller  of  state  tax  rate  3804, 
3617. 

Penalty  for  failure  to  assess  according  to 
law  3809,  3828. 

Penalty  for  failure  of  assessor  to  attend 
3798. 

Penalties  recovered  from  assessors  to  be 
paid  state  treasury  3809. 

Personal  property  in  excess  of  levy  to  be 
refunded,  when  and  how  3812. 

Place  uniform  valuations,  except,  when  3801. 

Powers  of  board  3801. 

Power  of  board  of  assessors  3798. 

Power  of  board  of  revenue  3809. 

Printing  necessary  for  board  to  be  done  at 
state  printing  office  3811. 

Property  assessed  to  be  placed  on  rolls  by 
assessor,  how  3800. 

Property,  how  and  when  assessed  by  board 
of  assessors  3797. 

Property   not   considered   by   board,  how 
assessed  3801. 

Property  to  be  assessed  at  uniform  rate, 
when  3797. 

Quorum    to    consist    of    eight    assessors, 
majority  decides  3798. 


2541 


INDEX 


Revenue 


Taxation — continued. 
Board  of  assessors,  railroads  and  rolling  stock 

to  have  uniform  valuation  3797. 
Record  of  proceedings  to  be  kept  by  secre- 
tary 3799. 

Records  to  be  kept  in  governor's  office  3799. 
Reduction    in    state   levy,  to   be   credited 

counties  by  controller,' how  3805. 
Removed  for  failure  to  attend  by  board  of 

revenue  3798. 

Revenue  board,  created,  how  3809. 
Revenue  board  to  direct  district  attorney 

to  remove  assessor,  when  3809. 
Settlement  with  state  to  credit  reduction  in 

levy  to  counties  3805. 
State  board  of  county  assessors  to  meet, 

when  3797,  3814,  3840. 
State  controller  to  act  as  chairman,  when 

3798. 
State    controller    to    supply    information, 

when  3798. 

State  rate  of  taxation,  how  fixed  3803,  3617. 
Statement  of  aggregate,  assessment  to  be 

furnished  controller,  how  and  when  3806. 
Subpena  to  be  issued  for  assessor,  when 

3798. 
Suit  to  be  instituted  against  assessor  and 

bondsmen,  when  3807. 
Taxes,  board  of  equalization  cannot  equal- 
ize, when  3797. 
Taxes  paid  in  excess  of  final  levy,  refused, 

how  3812. 

Tax  levy,  what  and  how  apportioned  3802. 
Telephone  and  telegraph  lines  to  have  uni- 
form valuation  3797. 
To  meet,  how  and  when  3797. 
Valuation  by  board   of    assessors   cannot 

be  changed  by  board  of  equalization  3797. 
Valuation  fixed  to  be  actual  cash  value  3800. 
Valuation  to  be  uniform  on  all  property 

designated,  where  3801. 
When  conditions  to  be  considered  affecting 

valuation  by  board  3801. 
Board  of  county  commissioners,  allow  county 

treasurer   reasonable    compensation   for 

services,  how  and  when  3671. 
Apportion  county  revenue,  how  3764. 
Approve  rents  for  property  held  for  taxes 

3668. 
Board  of  equalization,  to  meet  as,  how  and 

when  3638,  3378. 
Designate  and  levy  number  of  cents  for 

each  purpose  3378. 
Instruct   district    attorney   to    begin    suit, 

when  3650. 

Make  annual  tax  levy,  how  and  when  3762. 
Make  order  directing  treasurer  to  sell  tax 

property  3667. 

Meet  and  consider  tax  levy  3818. 
Power  to  suspend  officer,  how  and  when 

3753. 
Receive  joint  statement  of   finances  from 

county  auditor  and  treasurer,  how  and 

when  3746. 
Refund  personal  property  tax,    how  and 

when  3678. 

Remit  balance  of  taxes,  how  3670. 
Require  additional  bond  of  district  attorney, 

when  3658. 

Strike  off  taxes,  how  and  when  3675. 


Taxation— continued. 

Board  of  equalization,  collect  taxes  from  as- 
sessor for  unassessed  lands  3839. 

Equalize  taxes  on  live  stock  at  large,  how 
and  when  3844. 

Hear  complaints  on  assessment  live  stock, 
how  and  when  3844. 

Meet  and  be  in  session,  when  3638. 

Meet  how  and  when  3636,  3638,  3678,  3793, 
3797. 

Powers  and  duties  3638. 

Quorum,  how  constituted  3638. 

Require   assessor  to  assess  mortgage  lien 

3638. 

Board  of  revenue,  approve  resolution  for 
emergency  loan  by  county,  how  and 
when  3831. 

Cause   removal  of  county  commissioners, 
when  3828. 

Constituted  how  3809. 

Request  removal  of  county  commissioners, 

when  3834. 

Bond,  auditor  liable  for  failure  to  notify  dis- 
trict attorney,  when  3685. 

Given  by  officer  acting  temporarily  3753. 

Issued     by    commissioners    for    "floating 
debt,"  how  and  when  3833. 

Liability  of  county  treasurer  and  sureties, 
when  8672. 

Recorder  Habile  for  failure  to  enter  satis- 
faction on  mortgage  or  lien  3755. 
Bondsmen    liable    for   negligence   of  county 

treasurer  in  not  sending  vouchers  to  con- 
troller 3749. 
Bondsmen  of  assessor  to  be  sued  for  land 

taxes,  when  3s.1!'.). 

Books  relative  to  revenue  collections  and  dis- 
bursements to  be  open  for  inspection,  when 

3752. 
Budget   of   expense  to   be  made  by  county 

commissioners,  how  and  when  3829. 
Building  used  for  religious  worship,  exempt 

from  3621. 
Cattle  at  large  upon  uninclosed  lands,  how 

assessed  3843. 

Cemeteries  exempt,  when  3621. 
Certificate  of  sale  tax  property  filed,  how  and 

when  3652. 
Certificate  of  sale  of  tax  property  to  betaken 

by  treasurer,  when  3667. 
Certificate  of  sale  tax  property  given  county 

treasurer,  how  and  when  3669. 
Certificate  of  sale  to  treasurer,  to  include  what 

3669. 
Certificate  of  tax  sale,  to  recite,  what  3667, 

3670,  3767. 

Certificate  of  tax  sale,  to  state,  what  3652. 
Charitable  society,  what  property  exempt3621. 
Churches,  chapels  exempt,  when  3621. 
Citation ,  personal  property  tax  suit,  how  made 

3679. 
Citation  to  be  issued  by  court  in  suit  personal 

property  tax,  when  3679. 
Cities,  special  tax  for  3620. 
City  tax,  basis  for  3637. 
Claims  against  state  and  county  to  be  paid 

by  treasurer  upon  warrant  drawn  by  audi- 
tor, how  and  when  3749. 
Claims  for  expenses  for  state  revenue  collec- 
tions, how  paid  3749. 


160 


Revenue 


INDEX 


2542 


Taxation — continued. 

Claims,  mining,  how  assessed  for  taxes  3689. 
Claims,  unpatented  mining,  exempt  3621. 
Clerk,  county  to  give  notice  of    assessment 

roll  for  inspection  3636. 
Clerk    of   county   commissioners   to    certify 

vouchers  of  county  auditor  for  state  revenue 

expense  claims  3749. 
Clerk  of  district  court  to  issue  execution    in 

tax  suits,  how  and  when  3665. 
Collection  of  taxes,  district  attorney  to  make 

entry  on  delinquent  list,  when  3674. 
Collection  of  taxes  from  treasurer  as  trustee 

3670. 
Collection  of  taxes  turned  over  to  treasurer 

by  assessor,  when  3680. 
Collector  as  disbursing  revenue  officer,  guilty 

of  felony,  when  3751. 

Commissioner  not  to  authorize,  allow  or  con- 
tract expenditures,  when  3830. 
Commissioners  to  direct  treasurer  to  sell  tax 

property,  when  3667,  3767. 
Commissioners  to  revise  delinquent  tax  list 

and  strike  off  same,  when  3862. 
Commissioners   voting  for  excess  tax  to  be 

removed,  how  and  when  3818. 
Complaint  against  assessment  of  live  stock  to 

be  filed  with  county  clerk,  how  and  when 

3844. 
Complaint  in  assessment  to  be  heard,  when 

3638. 
Complaint,  form    of    in  suit    for    delinquent 

taxes  3661. 
Complaint  in  suit  for    delinquent  taxes   to 

contain  additional  recitals,  when  3662. 
Complaint   in  suit  for   delinquent  taxes   to 

state  what  3660. 
Complaint  in  suit  for  foreclosure  of  mortgage 

and  lien,  affidavit  to  be  attached,  when  3756. 
Contempt,  refusal  to  obey  citation  in  personal 

property  tax  suit,  when  3679. 
Contract  land,  minimum  valuation  for  assess- 
ment, what  3838. 

Controller,  not  to  settle  with  county  treasurer 
unless  vouchers  are  first  received  3749. 

File  report  of  auditor,  how  and  when  3748. 

Make  classification  of  accounts  of  county 
in  report  3835. 

Make  entries  upon  auditor's  report,  ho  wand 
when  3748. 

Receive  annual  reports  of  county  finances 

•  3835. 

Receive  delinquent  tax  list,  when  3649. 

Receive  report  from   auditor  as  to  taxes 
struck  off,  when  3862. 

Receive  statement  from  auditor  of  property 
delinquent  3796. 

Receive    statement   from    county  auditor, 
when  3750. 

Receive  statement  assessed  valuation  from 
county  auditor,  when  3642. 

Receive  vouchers  for  claims  against  state 
from  county  treasurer,  how,  when  3749. 

Send  form  of  receipts  to  assessor  for  per- 
sonal property  3682. 

To  send  personal  property  tax  receipt  to 

auditor,  when  3683. 
Corporations  assessed,  when  3629. 

Furnish  sworn    statement   of   property  in 
other  counties  3626. 

Furnish  statement  to  assessor  3624. 


Taxation— continued. 
Costs  and  penalties  in  tax  suits,  to  be  what 

3665. 
Due  officers  for  enforcement  of  taxes  paid 

by  treasurer,  how  and  when  3671. 
For  collection  of  taxes  paid  by  county,  how 

and  when  3673. 
How  taxed  against  several    defendants  in 

tax  suit  3673. 
How  taxed  and  entered  in  judgment  in  tax 

suits  3673. 
In  tax  matters  not  to  be  charged  against 

county,  when  3671. 
In  tax  suits,  to  be  charged  against  whom 

3663. 
In  suit  for  delinquent  taxes,  to    be    what 

3660,  1603,  3677. 

Not  a  charge  against  the  county  3671. 
Not  to  be  deducted  from    fine,    how    and 

when  3760. 

Of  printing  tax  list,  what,  how  paid  3775. 
Paid   by  county  in  tax  matters,  how  and 

when  3673. 

Person  liable  in  tax  suit,  when  3655. 
Printing  taxpayers'  list,  how  paid  3632. 
Publication  of  tax  list,  what  3646. 
Tax  sale  to  include  what  3651. 
To    be   paid  to  officers  by  treasurer,  how 

and  when  3671. 

County  and  state  taxes,  how  levied  3618. 
County,  financial  condition   of  set  forth  in 

joint   statement   auditor  and   treasurer, 

how  and  when  3746. 
Funds,  how  kept  3747. 
General  fund  receive  money  recovered  in 

suit  against  auditor,  when  3685. 
Not  liable  for  costs  for  services  rendered  in 

tax  suit  matters  3671. 
Not  liable  for  fee  district  attorney  tax  suits 

3677. 

Penalty  for  taxes  paid  to,  when  3656. 
Power  to  increase  tax  rate,  what  3837,3826. 
Property  exempt  from  taxation,  what  3621. 
Proportion    of   expenses   in   collection    of 

revenue,  what  3749. 
Suits  for  delinquent  taxes  commenced  in, 

when  3659. 

Tax,  levied,  how  3618. 
Tax  rate,  how  fixed  3826. 
Tax  rate,  not  to  exceed  what  3762. 
Treasurer  to  bid  for  at  tax  sale,  when  3652. 
With  certain  amount  indebtedness  exempt 

from  certain  statute  3836. 
County  auditor,  allow  printing  bill  for  tax 

list  3632. 

Deliver  delinquent  tax  list  to  district  attor- 
ney, when  3657. 
File  affidavit  of  district  attorney,  how  and 

when  3674. 
Furnish  abstract  mortgages  and  liens  to 

board  of  equalization  3638. 
Inform    district    attorney    nonassessment 

3625. 

Receive  assessment  roll,  ho  wand  when  3648. 
Report  to  state  controller,  when  3675. 
Send  statement  to  controller,  when  3750. 
Send  to  state  controller  statement  of  state 

moneys  in  county  treasury  and  sources 

of  3748. 
Treasurertomake  joint  statementof  finances 

to  county  commissioners,  when  3746. 


2543 


INDEX 


Revenue 


Taxation— continued. 
County  clerk,  acknowledge  treasurer's  deed, 

when  :}(>.•>:;. 
Publish  statement,  added  assessments,  how 

and  when  3638. 

Sign  budget  of  expenses  prepared  by  com- 
missioners 3829. 
County   commissioners,   add   state    levy    to 

county  levy,  when  3763. 
Allow  assessor  a  hearing  3625. 
Allow  bill  for  printing  tax  list  .">77-~>. 
Allow  claims  for  expenses  incurred  collec- 
tion state  revenue  3744. 
Allow  county   treasurer   reasonable   com- 
pensation for   services,  how  and   when 

3671. 

Allow  for  printing  tax  list  3«;:',L>. 
Appoint  certain  officers,  how  and  when  3763. 
Apportion  revenue  in  county  treasury  3764. 
Apportion  tax  as  basis  for  what  3637. 
Approve  rent  for  property  held  for  taxes 

3668. 

Create  redemption  fund,  how  :J7«»I. 
Direct  assessor  to  prepare  map  3634. 
Knter  order  of  neglect  of  assessor  :>625. 
Fix  county  tax  rates,  how  3826. 
Fix  tax  rate,  how  8827. 
Furnish  assessor  books,  when  3623. 
Increase  or  decrease  levy  of  taxes,  how  and 

when  :;sis,  3762. 
Increase  tax  rate  in  certain  counties,  when 

3837. 
Instruct  district  attorney  to  commence  suit, 

when  :;<;:>(>. 
Issue  bonds  for  "  floating  debt,"  how  and 

when  :;s:;:;. 
Levy  ad  valorem  tax  for  county,  how  and 

when  3618,  3762,  3818. 
Levy  emergency  tax,  how  and  when  3832. 
Levy  state  and  "county  tax,  when  36  is. 
Levy  tax  for  "floating  tax  debt,"  how  and 

when  3833. 
Make  budget  county  expenses,  how  and 

when  3829. 
Make   order   directing    treasurer   sell   tax 

property,  how  and  when  3667. 
Making  levy,  to  designate  purposes  3763. 
May  authorize  temporary  loan,  how  and 

when  3831. 

May  enter  order  excusing  assessors  3625. 
Meet  as  board  of  equalization,  how  and 

when  3793. 

Not  to  contract  indebtedness,  when  3834. 
Provide  for  certain  indebtedness  of  county, 

how  and  when  3762. 
Receive   joint   statement  of  finance  from 

county  auditor  and  treasurer,  how   and 

when*3746. 

Receive  report  district  attorney,  when  3625. 
Refund  personal    property  tax,   how  and 

when  3678. 

Remit  balance  of  taxes,  how  and  when  3670. 
Removed  for  contracting  certain  indebted- 
ness 3837,  3828,  3809. 
Removed  from  office,  when  3828. 
Require  additional  bond  of  district  attorney 

3658. 

Return  tax  list  revised  to  auditor  3675. 
Send  copy  state  and  county  levy,  to  whom 

3763. 
Strike  off  taxes,  how  and  when  3675. 


Taxation — continued. 
County  officers,  make  settlement  of  finances 

with  county  auditor,  how  and  when  3754. 
Not  to  make  expenditures  unless  money  set 

apart,  when  3830. 

Removed  and  others  substituted,  when  3753. 
Removed    from  office  for  making  certain 

expenditures,  when  3830. 
County  recorder,  file    notices   published   or 

posted,  when  3663. 
File  tax  certificate,  when  3657. 
Liable  for  failure  to  enter   satisfaction  of 

mortgage  or  lien  3755. 
Paid  for  filing  certificates  of  sale  and  deeds 

of  taxes  3666. 
County  tax  receiver,  compare  delinquent  tax 

list  with  auditor  3646,  3675,  3862. 
County  treasurer,  advertise  delinquent   tax 

property  for  sale,  when  and  how  3651. 
Amount   of  liability  for  not  making  final 

settlement,  what  3651. 
Apportion  all  tax  money,  when  and  how 

3647. 

Buy  at  tax  sale,  when  3667,  3767. 
Compensated  for  services  in  tax  matters, 

when  and  how  367 1 . 
Deliver  statement  to  controller  of  moneys 

received,  and  sources  3748. 
Ex  officio  tax  receiver  3643. 
File  auditor's  report  with  controller's  en- 
tries made  thereon  with  auditor  3748. 
File  receipt  of  state  treasurer   with   con- 
troller, when  3748. 
File  sworn  statement  with  auditor,  how  and 

when  3047. 
Forward  voucher  for  claims  against  state 

controller  for  allowance    in    settlement, 

when  3749. 
Hold  property  in  trust  for  state  and  county, 

when  3667. 
Inform    district    attorney,    nonassessment 

3625. 
Keep  moneys  in  his  possession  or  on  special 

deposit,  how  and  when  3747. 
Liable  on  his  bond  for  not  sending  vouchers 

to  controller,  when  3749. 
Liable  on  his  official  bond,  when  and  how 

3672. 
Make  out  duplicate  tax  certificate  of  sale 

3652. 

May  bid  at  tax  sale,  when  3652. 
Pay  costs  due  officer  for  enforcement  taxes, 

how  and  when  3671. 
County  treasurer  pay  over  state  moneys  when 

ordered   by   state    controller   and    state 

treasurer  3748. 
Pay  tax  money  into  general  county  fund, 

how  and  when  3671. 
Pay  upon  warrant  drawn  by  county  auditor 

claims  against  state  and   county,  when 

3749. 

Perform  duties,  liability  for  neglect  3674. 
Receive  certificate  of  sale  of  property  in 

trust,  how  and  when  3669. 
Receive   no  compensation    except   salary, 

when  3765. 
Receive  taxes  from  district  attorney,  when 

3674. 

Receive  tax  penalty,  when  3656. 
Sell  property  held  in  trust,  how  and  when 

3667. 


Revenue 


INDEX 


2544 


Taxation — continued. 

County  treasurer,  send  funds  to  state  con- 
troller, when  3748. 

Settle  with  state  controller,  how  and  when 
3748. 

Sued  by  district  attorney,  when  3650. 

Transmit  report  of  county  auditor  and  state 

controller,  how  and  when  3748. 
County  treasury,    revenue    apportioned    by 

commissioners  3764. 

Court,  in  suit  for  foreclosure  of  mortgage  or 
lien,  proceedings  stayed  until  affidavit  of 
tax  payment  filed  3756. 

Issue  citation  in  suit  personal  property  tax, 
when  3679. 

Order  personal  property  turned  over  to 
assessor,  when  3679. 

Require  affidavit  before  entering  judgment 
in  suit  for  foreclosure  of  mortgage  or  lien 
3756. 

Crime,  district  attorney  guilty  of  misde- 
meanor, when  3676. 

Perjury  committed,  when  3631. 

Transferring  property  to  avoid  taxes,  when 

3679. 

Deduction  in  taxes,  when  and  how  made  3629. 
Deed,  acknowledging  same,  what  3653. 

Conclusive  evidence  of  title,  when, 3666. 

Given  county  treasurer  for  tax  property, 
how,  when  3667. 

Made  out  by  treasurer,  how  and  when  3653. 

Real  property  derived  from  tax  sale  con- 
clusive evidence  of  what  3666. 

Tax  property  executed  by  treasurer,  how 
and  when  3667. 

Tax  property  taken  by  treasurer,  when  3667. 

Treasurers',  to  recite  what  3653. 

Trust,  given    county   treasurer,   how    and 

when  3667. 

Default  in  tax  suit  entered,  when  3663. 
Default  judgment  in  tax  suit,  when  entered 

3665. 
Defendant  in  tax  suit  to  make  answer,  how 

3664. 

Defense  in  tax  suit,  consist  of  what  3664. 
Deficit  in  payment  of  taxes,   how  remitted 

3670. 
Definition,  full  cash  value  3622. 

Personal  property  3622. 

Railroad,  for  taxation  purposes  3815. 

Real  estate  3622. 

Delinquent   property,    statement   sent    con- 
troller by  auditor  3796. 

Delinquent  taxes,  become  when  3644,  3646, 
3862,  3863. 

District  attorney  to  receive  fee  for  collec- 
tion of  3677. 

How  compared  and  receipted  for  by  auditor 
3862. 

How  struck  off,  and  when  3862. 

Less  than  $300,  how  treated  3862. 

List  compared  with  tax  receipts,  how  and 
when  3675. 

List  delivered  by  auditor  to  district  attor- 
ney, when  3657. 

List  prepared  by  tax  receiver,  how  and 
when  3646. 

List,  prima  facie  evidence  of  what  3658. 

List,  revised,  to  be  returned  to  treasurer, 
when  3862. 

List  sent  to  controller,  when  3649. 


Taxation— continued. 

Delinquent  taxes,  pay,  when  and  how  3654. 
Property  held  by  treasurer  sold  for,  how  and 

when  3767. 

Property  sold  for,  bought  by  treasurer  3667. 
Struck  off  by  commissioners,  how  and  when 

3862. 
Delinquent  taxpayers,  how  notified  of   suit 

3663. 
Delinquent,  when  property  becomes  for  taxes 

3864. 

Deputy  assessor,  take  oath,  when  3635. 
District    attorney,    commence    suit     against 

assessor,  how7  and  when  3625. 
Commence   suit  against   treasurer  and  ex 

officio  tax  receiver,  when  3650. 
Commence  suit  for  taxes,  when  3651. 
Commence    suit   for   taxes,  for  streets  in 

towns  934. 
Compare  tax  list  and  receipt  with  auditor, 

when  3675. 

Demand  state  and  county  taxes,  when  3625. 
File  affidavit  of  payment  of  taxes  by  county 

auditor,  when  3674. 

File  list  judgments  in  tax  suits  with  audi- 
tor, how  and  when  3674. 
File  receipt  of  taxes  with  auditor,  how  and 

when  3674. 
File  suit  against  assessor  and  bondsmen, 

when  3839. 

File  tax  receipts,  when  3654. 
File  with  auditor,  statement  of  uncollected 

taxes  3675. 
File  writh  county  recorder  copy  of  notice 

published  or  posted,  when  3663. 
Form  of  tax  complaint  to  be  filed  by  3661. 
Furnish  additional  bond,  when  3658. 
Guilty  of  misdemeanor,  when  3676. 
Make  additional  recitals  in  tax  complaint 

3662. 
Make  entry  on  delinquent  Ifst  of  taxes  paid, 

how  and  when  3674. 
Make    financial    settlement    with    auditor, 

when  3754. 

Not  to  file  suit  for  taxes,  when  3655. 
Notify  county  commissioners  of.nonassess- 

ment,  when  3625. 

Pay  taxes  to  county  treasurer,  when»3674. 
Prosecute  assessors,  how  and  when  3840, 

3841. 

Prosecute  persons  refusing  assessor's  state- 
ment 3624. 

Prosecute  recorder  for  neglect,  when  3755. 
Receive  affidavit  of  auditor,  when  3657. 
Receive  delinquent  tax  from  auditor,  when 

3657. 

Receive  fee  in  tax  suit,  how  3677. 
Receive  fees  in  suit  against  recorder  3755. 
Receive  receipt  for  taxes  from  auditor  3675. 
Remove  commissioners  or  county  officer, 

when  3830. 
Remove  county  commissioners,  how  and 

when  3834. 

Remove  county  commissioners,  when  3828. 
District    court,   jurisdiction,   suits,   personal 

property  tax  3679. 
District  judge  appoint  officer,  how  and  when 

3753. 
Have  power  suspend  officer,  how  and  when 

3753. 
Order  taxes  paid  out  of  funds  of  estate  :J«>29. 


2545 


INDEX 


Revenue 


Taxation — continued. 
Disbursing   officer   or   collector   of    revenue 

guilty  of  felony  :'.7.">7. 
Duties  board  of  equalization  3793. 
Duties  county  commissioners  to  increase  or 

decrease  tax  levy,  when  3818,  37(52. 
Duties    county  treasurer    deliver  state  con- 
troller statement  of  money  received  and 

sources  3748. 
Duties  of  assessor  as  to  personal  property 

3678,  3866. 
Duties  of  assessor,  make  out  list   in  other 

county,  when  3627. 
Duties  of  auditor  and  treasurer  make  joint 

statement  of  county  finances  and  post  same, 

when  3746. 

Duties  of  auditor,  to  compare  stubs  of  receipts 
and  assessor's  statement,  when  3686. 

Furnish  treasurer  with    necessary  report, 
when  3748. 

Mark  taxes  paid,  when  3680. 

Send  controller  statement  containing  wrhat 

3750. 
Duties  of  court  before  entering  judgment  in 

suit   for    foreclosure  of  mortgage  or   lien 

3756. 
Duties    of    district    attorney    to    prosecute 

recorder  for  neglect,  when  37-V>. 
Duties  of  officers  performed  by  proper  officer 

and  no  other  3751. 

Duties  of  tax  receiver  when  taxes  paid  3645. 
Emergency  loan  by  counties,  how  authorized 

3831. 
Emergency  tax  levied  by  commissioners,  how 

and  when  3832. 

Entries  made  upon  auditor's  report  by  con- 
troller, what  3748. 

Equalization  board,  compel  assessor  to  pay 
taxes  on  lands  unassessed  3839. 

Consider  tax  on  live  stock  at  large,  how 
and  when  3844. 

How  constituted,  and  when  to  meet  3638. 

Give  taxpayers  hearing,  when  3638. 

Meet  for  special  cases,  when  3638. 

Powers  and  duties  3638. 

Quorum,  how  constituted  3639. 

Require  assessor  to  assess  mortgages,  liens, 
when  3638. 

Session  to  end,  when  3638. 
Equalization  of  personal  property  tax,  how 

made  3678. 

Estates  deceased  persons  assessed,  how  3629. 
Estates  not  distributed  until  taxes  paid  3629. 
Estimate  county  expenses  prepared  by  com- 
missioners and  filed  with  auditor  3829. 
Evidence,  affidavit  of  time  and  place  of  post- 
ing notice  to  be  prima  facie,  when  3663. 

Delinquent  list  to  be  prima  facie,  when  3658. 

Receipt   for   taxes    and   costs   by   district 
attorney  prima  facie,  when  3665. 

Return  of  officer  conclusive  evidence  serv- 
ice of  summons,  when  3663. 

Statement  under  seal  by  controller,  evidence 

of  what  3685. 
Exceptions  to  mode  of  redemption  of  taxed 

property,  what  3666. 
Excess  of   limitations  in  taxes  imposed  by 

law,  void  as  to  excess  3828. 
Execution  in  tax  suits  issued  by  clerk,  when 

3665. 


Taxation— continued. 
Executors  assessed  for  estates,  when  3629. 
Exempt  from  taxation  property  of  Y.  M.  C. 

A.,  when  3842. 
Exemption  of  benevolent,  charitable  societies 

and  lodges,  not  to  exceed  3621. 
Kxrmpt   property  (Const,    art.  x)  352,  1396, 

1407,  3021,  3842. 

Exempt  property,  when  taxable  3621. 
Expenses  allowed  in  collection  of  state  revenue 

3748. 
Expenses  in  collection  of  state  and  county 

revenue,  how  paid  3749. 
Expense  of  county  officers,  commissioners  to 
prepare  estimate  and  file  with  auditor  3829. 
Expenditure  authorized  with  money  in  treas- 
ury, unlawful,  when  3830. 
Express  companies,  how  assessed  for  taxes 

3791. 

Taxation  of,  what  3791. 
To  make  statement,  when  and  what  3792. 
Failure,  assessor  to  make  monthly  statement, 

misdemeanor  3681. 

Assessor  to  pay  taxes  on  demand  equaliza- 
tion board,  penalty  3839. 
False    statement   by    mining   company  to 

assessor,  perjury,  when  3690. 
Pay  over  taxes  by  district  attorney,  mis- 
demeanor, when  3676. 
Railroad  company  to  make  statement  re- 
quired, assessor  to  proceed  3817. 
Fee,   acknowledging  treasurer's  deed,  what 

3653. 

Allowed  officers  in  tax  matters,  when  3673. 
Assessor  to  receive  for  tax  sale,  what  3679. 
Collection  personal  property  tax  suit,  what 

3679. 
Enforcement  of  taxes  paid  by  treasurer, 

how  and  when  3671. 
Paid  district  attorney  for  prosecution   of 

recorder,  what  3755. 
Paid    from  property  redeemed,  how  and 

when  3671. 
Recorder    for    recording    certificates    and 

deeds,  how  paid  3669. 
Recorder  to  receive  what  for  filing  notices 

of  publication  3663. 
Recording  affidavit  of  tax  payment,  what 

3755. 
Tax  suit,  district  attorney,  what  1603,  3677, 

3709. 

Felony,  assessor  adjudged  guilty,  when  3684. 
Felony,  officers  intrusted  with  collecting  and 

disbursing  revenue,  guilty  of,  when  3751. 
Final  judgment  in  tax  suit,  how  rendered  3663. 
Fine,  costs  not  to  be  deducted,  when  3760. 
Fines  paid  in  state  treasury  for  state  school 

fund  3760. 
"Floating  debt  tax,"  levied  by  commissioners, 

how  and  when  3833. 

Form,  assessment  roll  to  contain,  what  3633. 
Form,  complaint  in  suit  for  delinquent  taxes 

3661. 

Form  of  notice  in  delinquent  tax  suit  3663. 
Form  of  notice  to  delinquent  taxpayers,  what 

3663. 

Form  of  personal  property  receipts,  how  pre- 
pared by  controller  3682. 
Form  of  tax  complaint  3661. 
Form  of  tax  complaint  to  contain  additional 
recitals,  when  3663. 


Eevenue 


INDEX 


2546 


Taxation — continued . 
Foreman  in  printing  office  make  affidavit  of 

publication,  when  3663. 
Free  Masons,  what  property  exempt  3621. 
Full  cash  value,  defined  3622. 
Funds,  county, not  to  be  expended,  when  3830. 

County  or  state    misappropriated,   felony, 
when  3751. 

Money  apportioned  into  same,  how  3647. 

Paid  over  by  county  treasurer  into  state 

treasury,  how  3740. 

Fund,  redemption,  created   by  county  com- 
missioners, how  3764. 

Funds,  state  ad  valorem  apportioned  3617. 
Funds,  state  school,  to   receive  all    moneys 

paid  in  fines,  how  and  when  3760. 
Furniture,  equipment,  churches  exempt  from 

taxation,  when  3621. 

General  fund,  county,  to  pay  cost  of  tax  col- 
lection, when  3673. 

County    receive   balance  tax    money,  how 
and  when  3671. 

County    receive    money    arising    from  tax 
property,  when  3668. 

County,  receive  proceeds  from  taxes,  when 

3671". 
Giving  false  list  taxable  property  under  oath, 

perjury  3630. 

Graveyards  exempt,  when  3621. 
Ground  used  by  churches  exempt  3621. 
Guardians  assessed  for  estates,  when  3629. 
Heirs  assessed  for  estates,  when  3629. 
Held   in   trust  by  treasurer,  property  to  be 

rented,  how  and  when  36.68. 
Indebtedness  contracted  by  commissioners, 

cause  for  removal,  when  3834. 
Indebtedness  county,  how  provided  for  by 

floating  debt,  tax  or  bonds  3833. 
Indebtedness  county,  provided  for  by  levy, 

how  and  when  3762. 

Indebtedness  not  to  be  incurred  by  commis- 
sioners, what  3834. 
Indebtedness  outstanding  paid  by  redemption 

fund,  how  3764. 
Individuals  in  partnership  not  assessed,  when 

3629. 
Inspection  of  tax  books,  assessment  rolls  and 

papers  concerning  same,  open  to  public, 

when  3752. 
Installments  of  taxes,  how  and  when  paid 

3644,  3659,  3864. 
Judge  issue  citation  in  suit  personal  property 

tax,  how  and  when  3679. 
Judge  order  taxes  paid,  when  3629. 
Judge  turn  personal  property  over  to  assessor 

for  taxes,  when  3679. 
Judgment  by  default  in  suit  for  delinquent 

taxes,  when  and  how  given  3663. 
Judgment  by  default  in  tax  suits  rendered 

how,  when  3665. 
Judgment,  court  to    require  affidavit  before 

entering  in  suit  for  foreclosure  of  mortgage 

or  lien  3756. 
Judgment  for  delinquent  taxes,  how  rendered 

3665. 
Judgment  in  favor  of  plaintiff  in  tax  suits, 

what  3665. 
Judgment  in  suit  for  delinquent  taxes,  how 

satisfied  3660. 

Judgment,  in  suit  for  delinquent  taxes,  satis- 
fied, how  and  when  3660. 


Taxation— continued. 

Judgment,  in  tax  suits  entered  against  real, 
estate,  when  3665. 

In  tax  suit,  how  rendered  3665. 

In  tax  suits  include  what  3665. 

In  tax  suits  in   favor  of  defendant,  what 

3665. 

Jurisdiction,  district  court  suit  for  personal 
property  3679. 

Justice  court  suits  for  taxes  personal  prop- 
erty 3679. 

Suits  for  delinquent  taxes  determined  how 
3659. 

Suits  to  obtain  possession  of  taxed  prop- 
erty, when  commenced  3666. 
Justice's    court,  jurisdiction    suits    personal 

property  tax  3679. 
Justices'  courts  have  jurisdiction  in  matters 

concerning  taxed  property,  when  3666. 
Lands,  assessed  by  board  of  assessors,  how 

and  when  3797,  3840. 

Lands  held  under  state  land  contract,  mini- 
mum valuation  3838. 
Lands,   patented   and  under  state   contract 

assessed,  how  3838. 
Lands,  taxes  levied  by  board  of  assessors  to 

stand,  when  3840. 
Levy,  ad  valorem  tax  for  county  made  by 

commissioners,  how  and  when  3762. 
Levy,  tax    against  express  companies,   how 
made  3791 . 

Commissioners  to  show,  what  3763. 

Copy  of  to  be  sent  to  auditor,  assessor  and 
treasurer,  when  3763. 

County  commissioners  not  to  exceed  cer- 
tain amount,  when  3762. 

Designate  number  of  cents  for  each  pur- 
pose 376:  >. 

Emergency  tax,  how  and  when  made  3832. 

Excess  of  limitation,  void,  when  3828. 

Increased  or  decreased,  how  and  when  :>7i>2, 
3818. 

Increased  or  decreased  by  county  commis- 
sioners, how  and  when"3818. 

Made  by  county  commissioners,  how  and 
when  3762. 

Meet  indebtedness  of  county  not  bonded  or 
funded,  made  how  and  when  3762. 

Not  to  exceed  what  3762. 

Provide  for  certain  county  indebtedness, 
how  and  when  3762. 

Special  tax,  how  made  3620. 

State  added   to    county  by  commissioners 

3763. 

Liability,  assessor  and  sureties  for  property 
not  assessed  3625. 

Auditor  for  failure  to  notify  district  attor- 
ney relative  to  assessor,  when  3685. 

County  recorder  for  failure  to  enter  satisfac- 
tion of  mortgage  or  lien  3755. 

County  treasurer  on  his  bond,  when  3672. 

Treasurer  and  ex  officio  tax  receiver  for 
not  making  settlement,  when  3650. 

Treasurer  as  trustee  for  taxes  3670. 
Liens,  abstract  furnished  board  of  equaliza- 
tion, when  3638. 

Affidavit  made  by  person  holding  same 
that  taxes  are  paid  before  auditor  enters 
satisfaction,  recorded  3755. 

Against  real  property  for  taxes,  when  3665. 

Attach  to  mines,  when  3688. 


2547 


INDEX 


Revenue 


Taxation  —  continued. 
Liens,  on  mine,  how  satisfied,  when  3688. 
On  real  property  3619. 
Release  of,  filed  with  recorder,  how  and 

when  3755. 
Suit  for  foreclosure  or  lien,  affidavit  of  tax 

payment  attached  to  complaint  3756. 
Taxes  for  personal  property  3619. 
Taxes  on  mines,  how  satisfied  3688. 
Taxes  to  attach,  when  3619. 
Taxes  released,  how  and  when  3665. 
Limitation  of  county  tax  rate,  when  13826. 
Limitation  of  time  for  redemption  of  prop- 

erty, what  3(>")1  . 

Liquidated  damages  in  tax  suits,  what  3665. 
List,  assessors  furnish  taxpayer  with,  when 

8775. 
List,  tax,  cost  of  publication  paid  by  tax- 

payers 3(>4»>. 
List,  tax,  delinquent,  compared  by  auditor, 

treasurer  and  tax  receiver  3Siii». 
List,  tax,  published,  how  and  when  .'!(>4«>. 
List,  tax,  unlawful   for  assessor  to  prepare 

other,  when  377«>. 
Live  stock,  assessed  in  county,  where  found 

3849. 
Abstract  certificate  entered  on  assessment 

roll  3847. 
Assessed  for  special    tax,  how  and  when 

3880. 

Assessor,  collect  per  capita  tax  on  3648. 
Knter  abstract  certificate  on  assessment 

roll  :;s47. 
Knter  list  of  transient  in  other  county  to 

assessment  roll  :;sr>o. 
Finding  transient,  to  render  certificate  to 

clerk,  when  3<s:>s. 
Furnish  owner  of  transient  with  certificate 

3861, 
List  of   transient    sent  to  county,  where 

owned  3850. 
Send  certificate  to  clerk   other  county, 

when  3858. 
Assessment  of,  made  in  county  where  found 


Assessment  of,  omitted  in  one  county  made 

in  other,  how  3854. 
Assessment  of,  when  not  full  in  one  county, 

how  remedied  3854. 
Assessment   roll,    abstract    certificate    of, 

entered  on  3847. 
Assessment  roll,  transient  in  county  added 

to,  when  3849. 
Attachment,  writ  may  issue  against,  with- 

out undertaking,  when  3856. 
Bond,  owners  of  transient  provide  for  pay- 

ment of  taxes,  when  3848. 
Certificate,  assessor  to  give  owner  of  tran- 
sient stock,  form  3857. 

Assessor  to  enumerate,  what  relative  to 
3858. 

Filed  with  clerk,  how  and  when  3846. 

Rendered    by    assessor,    same    force    as 
owner,  when  3858. 

Statement   filed   by   stock    owners  with 

clerk,  when  3852. 
Certified,  per  capita  tax  paid  on,  when  and 

where  3848. 
Commissioner   commence    action    against 

owners,  when  3855. 


Taxation— continued. 

Live  stock,  commissioner  demand  taxes  on, 
from  other  county,  when  3853. 

Construction  of  "person"  as  contemplated 
in  statutes  concerning  3860. 

Cost  of  collection  of  taxes  on,  deducted, 
how  3853. 

County  commissioners,  claim  taxes  on  tran- 
sient from  other  county,  when  3853. 
Failing  to  perform  duties,  guilty  of  mis- 
demeanor, when  3859. 
Failing    to    perform    duties    relative  to, 
penalty  3859. 

County  clerk  deliver  assessor  abstract  cer- 
tificate of  3847. 

County  clerk,  enter  abstract  on  assessment 
rolls,  when  3847. 

County  treasurer  approve  and  file  bond  for 
payment  taxes  on  3S48. 

County  treasurer  per  capita  tax  on  transient, 
deposited  with  3848. 

Counties  receive  division  of  tax  on  transient, 
how  and  when  38").' ». 

Counties  receive  penalties  collected  against 
3857. 

County  may  accept  bond  for  payment  of 
taxes  on  transient,  when  3848. 

County  transient  stock,  how  taxed  in  3849. 

Defendant  in  action  for  unlawfully  grazing, 
who  may  be  3<S.V>. 

Definition  of  person  as  used  in  statute  con- 
cerning 3860. 

Driven  from  one  county  to  another,  assess- 
ment, when  3849. 

Equalization  of  tax  on  stock  at  large  3844. 

Exemption  of  owner  from  additional  tax 
of,  grazing  in  counties,  how  obtained  3852. 

Failure  file  certificate,  misdemeanor  3857. 

Form  of  certificate  filed  by  owners  of,  graz- 
ing in  county  3846. 

Form   of  certificate  given    by  assessor  to 
owner,  transient  3851. 

Free  passage  through  state  for  commercial 
purposes  3843. 

Grazing  stock  in  state,  pay  per  capita  tax 
3848. 

Grazing  stock  owned  by  residents  of  state 
assessed  when  first  found  3849. 

Misdemeanor,  failure  file  certificate  3857. 

Misdemeanor,  move  out  of  county  pending 
suit,  when  3856. 

Misdemeanor,   officers  failing   to   perform 
duties  relative  to  3859. 

Moving  intentionally  out   of  state,  misde- 
meanor, when  3856. 

Not  assessed  in  one  county,  assessed  when 
grazing  3854. 

Officers  failing  to  perform  duties  relative  to, 
penalty  3859. 

Owned  in  one  county,  tax  paid  there,  when 
3850. 

Owners  certifying,  pay  per  capita  tax,  how 
and  when  3848. 

Owners  exempt  from  further  taxation  3852* 

Owners  of,  failing  to  file  certificate  and  state- 
ment, misdemeanor  3858. 

Owners  not  complying  with  law  guilty  of 
misdemeanor,  when  3857. 

Owners,    transient,    given     certificate     by 
assessor,  how  and  when  3851. 


Revenue 


INDEX 


2548 


Taxation— continued. 
Live  stock,  owners  transient,  may  give  bond 

to  county  for  taxes,  when  3848. 
Parties  to  suit  for  unlawfully  grazing,  who 

3855. 
Payment  of  taxes  on,  grazing  in  various 

counties,  where  made  3850. 
Payment  of  taxes  on  transient  in  one  county 

releases  taxes  paid  in  another  3848. 
Penalties  collected  against,  paid  to  county 

3857. 
Penalty  for  failure  file  certificate  for  grazing 

3857. 
Penalty  for  failure  of  officers  to  perform 

duties  relative  to  3859. 
Penalty    for   moving    from    state   pending 

suit,  what  3856. 
Per  capita  tax  on  transient,  returned  how 

and  when  3848. 
Personal    service  in  action  for   unlawfully 

grazing,  how  made  3855. 
Persons,  bringing  into    Nevada  to    graze, 
must  pay  tax  3846. 

Bringing  into  Nevada  to  graze,  must  file 
certificate  3846. 

Defined  in  relation  to  statutes  concern- 
ing 3860. 

Failing  to  file  certificate,  penalty  3857. 

Include  corporations,  companies,  firms, 
associations,  when  3860. 

Moving  from  state  pending  suit,  penalty 

3856. 
Proceeding  in  suit  against  owners  of,  what 

3856. 
Punishment  of  officers  for  failure  of  duties 

toward,  what  3859. 
Punishment  of  owners  not  filing  certificate 

and  statement,  what  3858. 
Running  at  large,  how  assessed  3843. 
Service  in  suit  for  unlawfully  grazing,  made 

how  3855. 
Sheep  and  transient  stock  grazing  in  Nevada 

pay  per  capita  tax  3848. 
Situs  of  stock  for  tax  purposes  deemed, 

where  3843. 

Special  school  tax  assessed  against  tran- 
sient, how  and  when  3850. 
Statement  and  certificate  filed  by  owners 

with  county  clerk  3852. 
Suit  commenced  against  owners  by  county, 

when  3855. 
Summons  in  action  for  unlawfully  grazing, 

served  how  3855. 

Taxes,  stock  grazing  in  various  counties, 
when  paid  3850. 

Stock  paid  in  one  county  apportioned  to 
other  counties  3853. 

Transient  stock  and  sheep  returned  3848. 

Transient  stock  in  county,  how  collected 
3849. 

Transient   stock   paid  in  county   where 
owned,  if  grazed  there  3850. 

Owner  of   transient  exempt   from  addi- 
tional tax,  when  3852. 

Per   capita  on  sheep  and  transient,  how 
and  when  paid  3848. 

Per  capita  on  transient  sheep  and  stock 
returned,  when  3848. 

Special  school,  how  levied  and  collected 

against  3850. 
Transient  stock,  defined  3845. 


Taxation— continued. 
Live  stock,  transient,  owner  may  give  bond 

for  payment  of  taxes,  when  3848. 
Owner  of,  given  certificate  by  assessor 

3851. 
Sheep  grazing  in  Nevada  to  pay  per  capita 

tax,  when  3848. 

Undertaking  unnecessary  in  writs  of  attach- 
ment against,  when  3856. 
Unlawfully  grazing  in    county   subject   to 

civil  action  3855. 
Writs  of  attachment  issue  against,  how  and 

when  3856. 
Loan,  emergency,  how  authorized  by  county 

3831. 

Mail,  taxpayer  to  receive  list  by,  when  3632. 
Malfeasance  of  treasurer,  wrhat  liability  3672. 
Manner  of  equalizing  taxes  3793. 
Map,  assessor  to  prepare,  when  3634. 
Mark  paid,  names    on    assessment  roll,    by 

auditor,  how  and  when  3680. 
Mines,  account  of  ores  kept  by  mill  owner, 

how  3694. 

Action,  collection    delinquent   mining   tax 

commenced  in  name  of  state,  when  3707. 

Answer  in  suit  for  delinquent  mine  tax, 

contain  what  3665,  3667,  3709. 
Assessor,  assess  without  mining  company 

statement,  how  and  when  3692. 
Charged  with  full  amount  of  taxes,  when 

3698. 

Collect  taxes  on,  how  and  when  3699. 
Complain    of   mining   companies,  when 

3691. 
Credited  with  mining  taxes  by  auditor, 

when  3702. 

Delivery  assessment  roll  and  statement 
mining  company  to  auditor,  how  and 
when  3697. 
Demand  access  of  book,  mill  owner,  when 

3694. 

Failure  make  tax  settlement,  penalty  3704. 
File  delinquent  tax  list  with  auditor,  how 

and  when  3699. 
File  treasurer's  tax  receipt  with  auditor, 

when  3703. 
Furnish  additional  bonds,  when  and  how 

much  3705. 
File  notice  taxes  on  payable,  how  and 

when  3699. 

Give  receipt  payment  tax,  how  3701. 
Have  access  to  book  mining  company, 

when  3691. 
Make  personal  demand  mining  companies 

for  taxes,  when  3699. 
Make  quarterly  statement  proceeds,  how 

and  when  3696. 
Make  statement  yield  of  in  other  counties, 

when  3695. 

Not  to  deduct  cost  of  mining,  when  3692. 
Not  to  receive  mining  taxes,  when  3699. 
Pay  over  mining  tax  to  treasurer,  when 

3703. 
Present  at  equalization  of  taxes  mining 

property,  when  3693. 
Receive  fee  for  sale  of  mining  property 

for  taxes  3700. 
Receive    statement    from    mill    owner, 

how  and  when  3694. 

Seize  personal  property  for  taxes  on,  how 
and  when  3700. 


2549 


INDEX 


Revenue 


Taxation,  mines — continued. 
Assessor,  settle  with  auditor    for  tax  col- 
lected from,  how  and  when  3702. 
Swear  to  complaint  against  milling  com- 
panies, wrhen  3694. 
Transmit    statement    yield    of    to    other 

assessors,  when  3695. 
Assessment,  expenses  allowed  certain  cases 

3687. 

Made    without    mining    company    state- 
ment, how  and  when  3()(»L'. 
Proceeds  of,  equalized,  how  and  when 

3693. 

Roll,  assessor  to  enter  oath  on,  when  3702. 
Roll,  proceeds  of  prepared  by  assessor, 

how  and  when  3696. 
Roll,  proceeds  of,  form  3696. 
Roll,  taxes   on   mining   property   given 

assessor,  when  3698. 
Roll,  together  with  statement  ores  given 

auditor  3697. 
Auction  personal   property  of    for   taxes, 

how  and  when  3700. 
Auditor    administer    oath    assessor,  when 

3702. 
Charge  assessor  full  amount  of   taxes, 

when  3698. 
Credit  assessor  with  taxes  paid,  how  and 

when  3702. 
Deliver   delinquent   tax    list   to   district 

attorney,  when  3706. 
Deliver  mining  assessment  roll  assessor, 

when  3698. 
File   treasurer    tax   receipt    and    credit 

assessor,  when  3703. 

Prepare  sworn  statement  tax  on  for  con- 
troller, how  and  when  3697. 
Receive  and  file  list  of  mining  company 
taxes,  delinquent,  how  and  when  3699. 
Settle  with  assessor  for  taxes  collected 

from,  how  and  when  3702. 
Board  of  county  commissioners,  exact  addi- 
tional bond  of  assessor,  when  3705. 
Meet  at  special  session  equalize  taxes  on, 

when  2693. 
Bonds,  assessor  furnish  additional,  amount 

3705. 
District  attorney  liable  for  collection  of 

taxes  on  3706. 
Liability  of  sureties  for  assessor,  failure 

make  tax  settlement  3704. 
Books    of    mill     company    inspected     by 

assessor,  when  3694. 
Books  mining  company  open  to  assessor, 

when  3691. 
Collection    delinquent    taxes   on,   penalty 

3707. 
Collection  mining  taxes  made  by  assessor, 

how  3700. 
Complaint  in  tax  suit  against  state,  what 

3708. 
Controller   receive   sworn  statement  from 

auditor  relation  mining  taxes  3697. 
Costs    mining   not   deducted  by  assessor, 

when  3692. 
County  assessors  prepare  assessment  roll 

proceeds  of,  how  and  when  3696. 
Auditor  receive  assessment  roll  for  tax 

on,  when  3697. 

Commissioners  equalize   taxation,  when 
3693. 


Taxation,  mines — continued. 

County  assessors,  commissioners  to  exact 
additional  bond  of,  when  3705. 

Courts  have  jurisdiction  in  suit  for  mining 
tax,  what  3707. 

Crime  make  false  statement  to  assessor, 
when  3690. 

District  attorney  commence  suit  for  delin- 
quent mining  taxes, how  and  when  3707. 
Liable  on  bond  for  collection  mining  tax, 

when  3706. 
Receive  delinquent  tax  list  for,  when  3706. 

Delinquent  tax  list  for,  delivered  to  district 

attorney,  when  3706. 
Filed  by  assessor,  how  and  when  3699. 
Mining   companies    filed    with    auditor, 

when  3699. 

Proceeds  of,  suit  to  recover,  how  insti- 
tuted 3707. 

Duty  assessor  collect  tax  on,  how  and  when 

3699. 
Assessor  demand  access  to  books  milling 

companies,  when  3694. 
Assessor  make  statement  concerning  in 

other  counties,  when  3695. 
Assessor  prepare  assessment  roll, for  quar- 
terly 3696. 

Auditor  to  deliver  delinquent  tax  list  to 
district  attorney  3706. 

Equalization,  county  commissioners  to  meet 
consider  taxation  of,  when  3638,  3693. 

Expenses  allowed  in  certain  cases  assess- 
ment of  3687. 

Expenses  allowed  with  reference  to  assess- 
ment 3687. 

Failure  mining  company  make  statement, 
penalty  3692. 

Fees,  assessor  receive  for  sale  mining  prop- 
erty for  taxes  3700. 

Fees,  district  attorney  for  collection  delin- 
quent mining  tax,  what  3709. 

Form  of  assessment  roll,  proceeds  of,  what 
3696. 

Form  of  complaint  in  suit  against  mining 
company  for  taxes  3708. 

Form  of  statement  furnished  by  controller, 
how  and  when  3710. 

Jurisdiction,  suits  for  delinquent   mining 
tax,  how  determined  3707. 

Liability  assessor  for  failure  make  tax  set- 
tlement, amount  3704. 

Liability,  district  attorney  in  collecting  pro- 
ceeds of  3706. 

Mileage,  assessor  receive  for  selling  mining 
property  for  taxes  2037,  2040,  3700. 

Milling  company  give  assessor    access  to 
books,  when  3694. 

Milling  companies  guilty  of  misdemeanor, 
how  and  when  3694. 

Mill  owner  keep  account  of  ores,  how  3694. 

Mining  companies,  failure  to  make  settle- 
ment to  assessor,  penalty  3692. 
Give  assessor  access  to  books,  when  3691. 
Guilty  of  misdemeanor,  when  3691. 
Pay  taxes  on  proceeds,  how  and  when 

3699. 

Pay  taxes,  what  3687. 
Property  sold  for  taxes,  how  and  when 

3700." 
Taxes  equalized,  how  and  when 


Revenue 


INDEX 


2550 


Taxation,  mines— continued. 

Misdemeanor,     milling     company,     when 

guilty  of  3694. 
Misdemeanor,    mining     company     guilty, 

when  3691. 

Mode  of  levying  taxes  on  mines  3687. 
Net  proceeds  defined  for  tax  purposes  3687. 
Net  proceeds  of,  for  purpose  of  taxes,  what 

3687. 
Newspaper,  publish  notice  for  payment  of 

tax  on,  how  and  when  3699. 
Notices  given  assessor  payment  taxes  on, 

how  and  when  3699. 
Notices  of  sale  personal  property  of,  for 

taxes,  how  given  3700. 
Oath,  assessor  enter  on  assesmentroll,  when 

3702. 
Oath,  assessor  make  statement  delinquent 

mining  taxes  under,  when  3699. 
Oath,  mill    owrner  furnish   assessor    state- 
ment under,  when  3694. 
Ores,  assessed  for  taxes,  how  3687. 
Ores,  account  kept  by  mill  owner,  how  3694. 
Payment,  taxes  by  mining  companies,  how 

and  when  made  3699. 
Payment   of   taxes  by  mining  companies 

receipted  for  by  assessor  3701. 
Payment  of  taxes  on  proceeds  of,  made 

quarterly  3687. 

Penalty,  failure  of  assessor  make  tax  settle- 
ment 3704. 

Failure  mining  company  make  settlement 
to  assessor,  what  3692. 

Milling  company  for  failure  furnish  state- 
ment to  assessor  3694. 

Person    furnishing     false    statement    to 
assessor  3690. 

Refusal    of   mining    company   to    show 
books  3691. 

Suit  for  delinquent  mining  tax,  what  3707. 
Perjury,  mining  company  to  furnish  false 

statement  to  assessor  3690. 
Personal  property  of,  sold  for  taxes,  how 

and  when  3700" 
Pleading  complaint  in  suit  against  for  taxes 

state,  what  3708. 

Proceeds  of,  how  taxed  3687,  4240,  4248. 
Procedure  in  suit  for  delinquent  tax,  what 

3709. 
Property  sold  for  mining  taxes,  purchaser 

to  receive  absolute  title,  how  and  when 

3700. 
Publication  of  notice  for  payment  of  taxes, 

how  made  3699. 

Quarterly  payment  taxes  by  mining  com- 
pany, how  made  3699. 
Quarterly  taxes  on,  collected  3687. 
Receipt  for  payment  taxes    mining  com- 
pany, how  given  3701. 
Refusal  furnish  assessor  with  statement  by 

mill  company,  penalty  3694. 
Refusal  mill  owner  give  assessor  statement, 

penalty  3694. 
Roll,  assessment  for  proceeds  of,  in  what 

form  3696. 
Sale  personal  property  of.  for  taxes,  how 

and  when  3700. 
Sale  of  property  for  mining  taxes,  title  to 

vest,  when  3700. 
Settlement   by  assessor   with    auditor    for 

mining  tax  collection,  how  made  3702. 


Taxation,  mines— continued. 

Smelting  companies  furnish  assessor  with 

statement,  how  and  when  3694. 
Smelting  companies   guilty  misdemeanor, 

how  and  when  3694. 
State  controller  furnish  form  of  statement 

to  be  filed  in  his  office,  when  3710. 
State    controller   receive  sworn  statement 

from  auditor,  of  mining  taxes  3697. 
Statement,  failure  to  give  by  mining  com- 
pany, penalty  3692. 
Statement  of  ores  furnished  assessor,  how 

and  when  3694. 

Statement  under  oath  filed  with  auditor, 
showing  amount  of  delinquent  taxes  on 
mines  3699. 
Statement  yield  of  mines  in  other  counties 

made  by  assessor,  when  3695. 
Statement,  refusal  of  mill  operator  to  give, 

what  3694. 

Sued  for  delinquent  taxes,  how,  when  3708. 
Suit  for  collection  of  delinquent  taxes,  how 

prosecuted  3709. 

Suit  for  delinquent  mining  taxes  instituted 

by  district  attorney,  how  and  when  3707. 

Sureties,  liability  for  assessor's    failure  to 

make  tax  settlement  3704. 
Tax  a  lien  on  property  3688. 
Taxation,  books  of  mining  companies  open 

to  assessor,  when  3691. 
Taxation    of    mines    equalized,    how    and 

when  3693. 

Taxes,  assessed  without  statement  of  min- 
ing company,  how  and  when  3692. 
Assessors  to  make  personal  demand   of 

mining  companies,  when  3699. 
Auditor  to  send  controller  sworn  state- 
ment of  proceeds  of  mines  3(597. 
Complaint    in  suit  for  delinquent    mine 

tax,  contain  what  3708. 
District  attorney  liable  on  bond  for  col- 
lection from  mines  3706. 
List  of  delinquent  mining  companies  and 
amount   of   taxes    filed  with    auditor, 
when  3699. 
List   of    proceeds    of    mines    made    by 

assessor,  how  and  when  3696. 
Mining     companies     not     received     by 

assessor,  when  3699. 
On  proceeds  of  mines,  how   and  when 

collected  3698. 
Paid  by  mining  companies,  how  receipted 

for  3701. 
Penalty   collected    for   delinquent   mine 

tax  3707. 
Personal  property  mines  sold   for  taxes 

by  assessor,  when  3700. 
Proceeds  of  mines,  how  and  when  col- 
lected 3698. 
Proceeds   of    mines    payable,   how    and 

when  3699. 
Procedure  in  suit   for  delinquent  mine 

tax  3709. 
Suit  for  delinquent  mining  tax  brought, 

how  and  when  3707. 
Taxpayers,  assessor  make  out  list  delin- 

Suent  mining  companies,  when  3699. 
e  to  property  sold  for  delinquent  min- 
ing taxes  vested,  how  and  when  3700. 
Treasurer    receive    taxes   of    mines    from 
assessor,  when  3703. 


2551 


INDEX 


Revenue 


Taxation,  mines — continued. 

I'npa  tented    mining   claims   exempt    from 
taxation 


Misappropriation  public  funds,  felony,  when 

3751. 
Misdemeanor,     district    attorney     adjudged 

guilty,  when  3070. 
Misdemeanor,  failure  or  neglect  of  assessor 

to  make  monthly  statement  3080. 
Misdemeanor,  officer  charged  with  collection 

of  revenue,  guilty,  when  3753. 
Misdemeanor,    transfer    property    to    avoid 

taxes,  when  .",079. 
Misfeasance,  county  treasurer,  liability  for 

3672. 

Mode  of  assessing  railroads  in  counties 3816. 
Money,  how  and  when  apportioned  3647. 

Proof  of  loss  for  personal  property  taxes, 
how  made  by  controller  ."OX.~>. 

Received  by  county   treasurer  kept  in  his 
possession  on  special  deposit,   how  and 

when  :;TIT. 

Received    for   tax.    property  to  be  appor- 
tioned, how  3071. 
Received    from    redemption    of    property, 

how  paid  3071. 
Received    from    rental    tax    property,    how 

apportioned  300X. 
Received    from    sale,    rents   or   redemption 

of  property,   how  apportioned  .",071. 
Received    in   suit   against   auditor  by  con- 
troller, what  disposition  3685. 
.Mortgage,  abstract  furnished  board  of  equali- 
zation, when  3038. 
Mortgage,    action    for    foreclosure,    allidavit 

tax    pay ut    attached   to  complaint    :;7."iO. 

Mortgage,  affidavit  made  that  all  taxes  paid 
before  satisfaction  entered  by  recorder 
l\l">. 

Mortgage,  _satisfact  ion    of.    entered    by    re- 
corder ."7."*. 
Mortgaged     personal     property,     ownership. 

how  considered  3631. 
Mortgagee,    make   atlidavits   of   payment   of 

taxes,  how  and  when  37."). 
Mortgage   tax*,    against    whom    levied   3786, 
.".7X7.     [Mortgage  tax  law  of  1911  (sees. 
3786-3790)  repealed  at  special  session  of 
1912.] 
Assessor    assess    debt    and    security    how 

3788. 
Assessment,    banks    and    trust   companies 

3T90. 
Debt  and  security  made  at  cash  value, 

when  3788. 
Mortgages    and    deed    of    trust,     how 

treated  3780. 

Mortgages,  against  owner  of  3787. 
On  money  loaned,  when  3786. 
Property  assessed  full  cash  value  3780. 
Assignment  secured  debt  made,  how  3787. 
Banks  and  trust  companies  upon  shares 

and  capital  stock  3790. 
Capital   stock   and   shares   of  banks   and 

trust  companies  assessed  3790. 
Debt  assessed  to  owner  of  record  3787. 
Debt  assessed  for  taxation  3780. 
Debt  secured  by  mortgaged  property   in 
one  county,  how  assessed  3787. 


Taxation,  mortgage  tax — continued. 

Debt  secured,  taxes  become  lieu  on,  when 

8787. 
Deducted  from  amount  of  capital  shares 

bank  and  trust  company  3790. 
Deed  of  trust  considered  as   interest  in 

property  tor  taxation  3780. 
Duty   of   recorder,    record  on   margin   of 

mortgage,  when  .">7S9. 
Evidence,    certified    copies    of    recorder's 

record,  received  as  3789. 
Improvements  on  land,  how  assessed  3786. 
Land  assessed,  how  ."7X0. 
Lien,  taxes  on  debt  and  security,  subject 

to  3787. 

Lien,  taxes  on  mortgage,  when  ."7X7. 
Lien,  taxes  shall  be  lien  on  property  and 

security,  when  ."7X0. 

Levied,  becomes  lien  on  property  and  se- 
curity, when  37X0. 
Owner  of  for  purposes  of  taxation,  who 

378<J.  ",7X7. 
Payment    of   taxes    before   tax    levy,    how 

computed  ",7X0. 
Payments,   assignments,  evidence  of  debt 

noted  on  margin  by  recorder  37X9. 
Payments    on    secured    debts,    how     and 

when   considered  by  assessor  3788. 
Proper!  v  must  be  assessed  full  cash  value 

8788, 
Property    situated     in    one    county,    how 

assessed  ."7X7. 
Railroads    and    public    corporations,    how 

treated  ."7X0. 
Recorder  note  on  margin  all  assignments 

and  payments  37X9. 
Recorder  to  record  on  margin  assignments 

and  payments  .",7X9. 

Security  assessed  to  owner  of  record  3787. 
Securities  for  debt,  how  taxed  3786. 
Taxation  banks  and  trust  companies  3790. 
Taxation  of  mortgages  and  deeds  of  trust 

8786. 
Taxation,    owner    of    mortgage    who,    for 

purposes  of  3787. 
Transfer  of  secured  debt  null  and  void, 

when  37X7. 
Trust   com]  >anies   and  banks,   how   taxed 

3T90. 
Value  of  mortgages  owned  by  banks  and 

trust     companies    deducted,     how    and 

when  :',790. 

Municipal  corporation  property  exempt  3621, 
Necessity  for  emergency  loan  set  forth  in 

commissioners'  resolution  3831. 
Neglect,  county  treasurer  liable  on  bond  for 

3672. 

Neglect  to  make  statement,  penalty  3624. 
Neglect   of   treasurer   to    make   settlement, 

penalty  therefor  3650. 
Net  proceeds  of  mines,  defined  3687. 
Newspaper,    notice    of    meeting    board    of 

equalization  published,  when  3636. 
Newspaper,  notice  sale  of  property  for  taxes 

to  be  published,  when  3767. 
Newspaper,  publish  delinquent  tax  list,  how, 

when  and  at  what  cost  3046. 
Nonpayment  of  taxes,  property  becomes  de- 
linquent, when  3804. 

Nonresidents    owning    live    stock    in    state, 
how  taxed  3843. 


Revenue 


INDEX 


2552 


Taxation — continued. 
Notice,  added  assessment,  posted,  when  3638. 

Affidavit  of  posting  in  tax  suits,  how  given 
and  why  3G63. 

Clerk  of  board  of  county  commissioners 
to  give,  when  3636. 

County    clerk    publish    statement    added 
assessment,  when  3638. 

Delinquent  tax  list,  how  given  3646. 

Delinquent  taxpayers,  how  and  when  given 
3646. 

Delinquent  tax  sale,  how  given  3651. 

Given   delinquent   taxpayers   by   auditor, 
how  and  when  3657. 

Meeting  board  of  equalization,  how  given 
3636. 

Personal    property  tax  posted,  when  3679. 

Published  or  posted,  filed  with  county  re- 
corder, when  3663. 

Sale  delinquent  tax  property,  to  specify 
what  3651. 

Sale  of  property  for  taxes,  how  given  3637. 

To  taxpayers,  how  given  3644,  3864,  3866. 

Tax  suit  to  contain  what  3663. 
Oath,  assessor's  oath  relative  to  assessments 
3635. 

Assessor  to  make  oath  of  tax  collection 
3680. 

List  of  taxable  property  under  oath  3626. 

List  of  property  sworn  to,  how  and  when 
3624. 

Mining  companies  furnish  assessor  state- 
ment under,  when  3690. 

Railroad  company  furnish  assessor  state- 
ment under,  when  3814. 

Tax  receiver  subscribe  to  oath  on  assess- 
ment roll,  when  and  how  3796. 

Tax  receiver  subscribe  to  same,  how  and 
when  3648. 

What  effect  failure  of  assessor  to  take 

same  3635. 

Odd  Fellows,  what  property  exempt  3621. 
Office,  district  attorney  forfeit  office,  when 

3676. 

Officers,    acting   under   temporary   appoint- 
ment give  bond,  when  3753. 

Each  to  perform   his  own  duties,   when 
3751. 

Going  out  of  office,  turn  over  property  to 
successor  3754. 

Intrusted  with  revenue  matter  guilty  of 
felony,  when  3751. 

Keep  open  for  inspection  books  relative 
to  taxes  and  revenue  matters  3752. 

Make  settlement  of  finances  with  county 
auditor,  how  and  when  3754. 

Not  to  receive  costs  from  county  in  tax 
matters  3671. 

Perform  own  duties  and  no  other  3751. 

Receive   fees   for   enforcement   of   taxes, 
how  and  when  3671. 

Receive  fees  for  services  in  tax  matters, 
when  3673. 

Refusing  or  neglecting  to  perform  duty, 
misdemeanor,  when  3753. 

Removed     for     misappropriating     public 
funds  3751. 

Selling  property  to   county  treasurer  tc 
make  deed,  how  and  when  3669. 

Suspended  by  board  county  commission- 
ers, how  and  when  3753. 


Taxation — continued. 
Official  bond,  auditor  liable,  when  3685. 
Official  bond,  liability  of  county  treasurer, 

when  3672. 
Operators  mining  property  furnish  assessor 

with  statement,  when  and  what  3680. 
Orphans'  property,  exempt,  when  3621. 
Owner  of  undivided  real  estate  pay  what 

taxes  3645. 

Paid  before  distribution  of  estate  3629. 
Paid  by  court  order,  when  3629. 
Paid  in  December  and  June  3644,  3659,  3864. 
Paid  in  other  state  does  not  exempt  cattle 

at  large  in  this  state  3843. 
Paid,  when  and  how  3644. 
Paid  to  whom  3643. 
Patented    lands,    minimum    valuation    for 

assessment,  what  3838. 
Parties  to  action  for  delinquent  taxes,  who 

3654. 

Partnership  property,  how  assessed  3629. 
Pay  floating  debt  and  scrip  tax  to  be  levied, 

how  and  when  3833. 

Payment,   funds   by   county   treasurer    into 
state  treasury,  how  3748. 

Taxes,  bar  to  suit,  when  3628. 

Taxes  in  December  and  June  3644,  3659, 
3864. 

Taxes  paid  from  rent,  how  3670. 

Taxes  made,  how  3645. 
Penalty,  added  on  taxes,  when  3654. 

Added  for  nonpayment,  when  and  what 
3864. 

Assessor's  neglect  to  make  monthly  state- 
ment 3687. 

Collected  in  delinquent  tax  sale  to  include 
what  3651. 

Commissioner  or  officer  making  expendi- 
tures when  money  not  set  apart  3830. 

Delinquent  taxpayers  3644. 

Failure  to  pay  over  taxes  by  district  at- 
torney 3676. 

False  swearing  to  affidavit  for  satisfac- 
tion of  mortgage  3755. 

Falsely  listing  taxable  property  3630. 

Imposed  on   assessor  for  giving  the  re- 
ceipt not  provided  3684.    ' 

Misappropriation   of   public  funds,   what 
3751. 

Neglect    of    revenue   officers   to    perform 
duties  of  3753. 

Neglect  or  refusal  to  make  statement  3624. 

Nonpayment  of  taxes,  what  3864. 

Paid  by  delinquents,  how  and  when  3654. 

Paid  by  taxpayers,  how  and  when  3654. 

Recorder  for  failure  to  enter  satisfaction 
on  mortgage  or  lien  3755. 

Suits   for  delinquent  taxes,   to  be   what 
3659. 

Transferring  property  to  avoid  taxes  3679. 
Perjury,  falsifying  list  taxable  property  3630. 
Perjury  to  swear  falsely  to  affidavit  for 

satisfaction  of  mortgage  or  lien  3755. 
Permanent  limitation  of  taxation  for  county 

purposes,  what  3826. 
Personal  property,  defined  3622. 

Lien  on  real  property  3665. 

Mortgaged,  property  of  whom  3631. 

Proceeds  of  mines  consumed,  when  3687. 

Railroads  assessed,  how  3815. 

Refunded,  how  and  when  3678. 


2553 


INDEX 


Revenue 


Taxation,  personal  property — continued. 

Seized  for  taxes,  how  and  when  "><>7(.). 

Sold  for  taxes,  how  and  when  3679. 

Tax  equalized,  how  and  when  3678. 

Tax.  how  collected  and  when  3678. 

Tax  lien  attaches  real  property  3619. 

Taxes  collected  in  full,  except  when  3866. 

Title  vests  when  in  tax  sale  3679. 

Turned  over  to  assessor,  how  and  when 

3679. 
Personal    service    in   tax    suits,    how    made 

8663. 
Personal  tax.  assessor  to  collect  entire,  when 

3866. 

Persons  furnish  statement  to  assessor  3624. 
Persons  paying  money  into  county  treasury 

to  deliver  receipts  .".717. 
Persons  paying  money  into  county  treasury 

to  get  acquittance  from  auditor  .".717. 
Persons  paying  money  to  county  treasurer 

to  receive  a  receipt  3747. 
Persons  refusing  to  pay  personal  property 

tax.  what  action  ">r,7'.>. 

Persons  shall  deliver  to  assessor  list  of  prop- 
erty in  other  counties  ."•'•:_'•;. 
Pel-sons    under   legal    disability   to   redeem 

property  :n •«;<;. 
Persons   who   may   appear  before  board  of 

equali/.alion.  and  when  .°><>38. 
Pleading  answer  in  tax  suit  "i;r,  |.  :',i;i;r,. 
Pleading,  answer  to  be  filed  in  suit  personal 

property  tax  3679. 

Pleading  Torm  of  tax  complaint  3661. 
Pleading,   time  irivon  to  delinquent  taxpay- 
ers .">i;r>:5. 

roll  TH.T — 

Applied  to  road  work,  how  1T.U.  .",711,  3841. 
Assessor,  as  ex  ollicio  poll-tax  collector,  to 

giv«-  additional  bond,  when  3715. 
And  sureties.  liable  for  poll  tax,  when  3718. 
Deliver  possession  at  poll-tax  sale,  suffi- 
cient title  3719. 
Demand  statement,  number  of  employees 

for.  when  3718. 
Enter   poll   tax   at  time  of  making   real 

property  assessment,  how  3618. 
Give  auditor  receipt  for  poll-tax  blanks 

3713.  3715. 

(Jive  poll-tax  receipt,  how  and  when  3714. 
Guilty  of  misdemeanor  in  giving  receipt, 

how  and  when  3714. 
Keep  a  list  of  all  persons  owing  and  pay 

ing  3724. 
Keep  roll  of  names  for,  how  and  wher 

3724. 
Make  estimate  poll-tax  assessment,  when 

3718. 
Make  final  settlement  for,  with  auditor, 

how  and  when  3723. 
Make  return  under  oath  of  all  poll  taxes 

demanded  3724. 

Neglecting  to  make  return,  penalty  3726. 
Official  collector  3713. 
Pay  county  treasurer,  how  and  when  3722. 
Pay  over  all,  how  and  when  3723. 
Receive  receipt  for,  paid  by  him  to  treas 

urer  3722. 
Refusal  to  give  information  or  access  to 

buildings,  misdemeanor  3720. 
Return  all  receipts  not  used  3723. 


Taxation,  poll  tax — continued. 

Sell  personal  property  for,  when  3718. 

Sell   property  for  old  taxes   and   return 
surplus  3719. 

Sell  property  of  employees,  when  3718. 

Serve  notice  in  writing  of  poll  tax,  when 
3718. 

Sign  all  receipts  3841. 

Swear  to  complaint  against  certain  per- 
sons in  poll-tax  matters,  when  3720. 

Take  oath  of  taxes  collected  and  file  re- 
ceipt with  auditor  3722. 
Assessment,  persons  for  tax  not  previously 

collected,  how  made  3718. 
Assessment    roll,    assessor   to   keep   list   of 

names  of  persons,  liable  for  3724. 
Assessment   roll,   poll   taxes  to   be   entered 

upon,  how  and  when  3718. 
Attorney-general  to  instruct  district  attor- 
ney to  prosecute  assessors,  when  3840. 
Auditor,  charge  treasurer  with,  when  3722. 

File  receipt  given  assessor  by  treasurer 
for  tax  collected  3722. 

Furnish     assessor     receipts     and     charge 
thorn  for  same  3713,  87 in. 

Transmit  to  controller  certified  statement 

of,  how  and  when  3725,  3841. 
P.nard    of    county    commissioners    to    exact 

additional    bond   of   assessor   as   poll-tax 

collector  3715. 
Bond,  assessor  liable  on  for  failure  to  make 

return,  when  3726. 
Bond   of   collector,   to   be   increased,   when 

3715. 
Controller,  to  furnish  form  for  statement  to 

he  filed  with  him  3710. 

('out  roller  no  longer  to  furnish  receipts  3841 
Controller,    receive   certified    statement   of, 

from  county  auditor  3725. 
Corporation  to  give  statement  of  number  of 

employees  for.  when  3718. 
Corporation  liable  for  taxes  of  employees, 

when  3718. 
Cost  of  collection  of,  not  to  exceed  what 

3718. 
County  commissioner  to  apply  tax  to  road 

work  3841. 
County  commissioner  to  direct  assessor  to 

demand  statement,  how  and  when  3718. 
Counties,  furnish  receipt  3841. 
Delinquent,  how  collected  3718. 

Disposition  of  256,  2711,  2841. 
Employers   to   deduct   from   wages   of   em- 
ployees, when  3718. 
Employers  held  liable  for,  of  employees,  how 

and  when  3718. 
Entered  on  assessment  roll,  how  collected 

3718. 

Evidence  of  payment  of,  what  3716. 
Exempt,  persons  from  paying,  when  3711. 
False  name,  giving  of  to  assessor  for,  mis- 
demeanor 3720. 

Felony,  fraudulently  issue  receipt,  when  3717. 
Forfeiture  of  office  by  assessor  for  failure 

to  make  return,  when  3726. 
Fraudulently  issuing  transfer,  etc.,  receipt, 

felony  3717. 

How  and  when  collected  by  assessor  3718. 
Liability  of  assessor  and  sureties  for,  what 

3718. 

Liability  of  assessor  for  failure  to  make  re- 
turn, what  3726. 


Re  ven ue 


INDEX 


2554 


Taxation,  poll  tax — continued. 

Lien  to  attach  to  real  and  personal  property, 
for,  when  3618. 

Lien  on  real  and  personal  property,  how  and 
when  3618. 

Misdemeanor,    refusal    to    give    access    to 
assessor,  place  where  men  working  3720. 

Moneys  received  from,  how  applied  to  road 
work  3841. 

Notice  given  in  sale  of  employer's  property 
for,  what  3718. 

Notice  of  sale  of  personal  property  for,  how 
given  3718. 

Oath,   assessor  to  make  return  under   for, 
demand  and  collections  3724. 

Oath,    statement    of    number    of    employees 
furnished  by  employer  for  3718. 

Office  to  be  forreited  by  assessor  for  failure 
to  make  return,  when  3726. 

Paid  into  county  treasury  by  assessor,  how 
and  when  3722. 

Paid  in  other  state,  bar  to  collection  here, 
when  3711. 

Payment  of.  how  evidenced  3716. 

Payment  of,  how  proved  3716. 

Penalty  for  assessor  not  giving  proper  re- 
ceipt 3714. 
How  collected  3718. 
For  delinquent,  what  3718. 
Fraudulently    issuing    transfer,    etc.,    re- 
ceipt 3717. 

Neglect  of  assessor  to  make  return  3726. 
Refusing  information  or  access  to  assessor 
for  3720. 

Person  deemed  to  have  paid,  when  3711,  3716. 

Personal  property  sold  for,  how  and  when 
3718. 

Property  of  employer  liable  for  tax  of  em- 
ployees, when  3718. 

Property,  real  and  personal,  subject  to  lien 
for,  when  3718. 

Possession   of  property   sold  for,   given   by 
assessor,  sufficient  title  3719. 

Purchase  at  sale  to  get  possession  of  prop- 
erty, how  3719. 

Receipt,  for  evidence  of  payment  3716. 
Felony  to  fraudulently  issue,  etc.  3717. 
Furnished  by  county  and  signed  by  as- 
sessor 3841. 
Fraudulent    manipulation,    felonv,    when 

3717. 

Given  by  assessor,  how  and  when  3714. 
Valid,  when  3716. 

Refusal  to  give  collector  information,  mis- 
demeanor, when  3720. 

Residence,  defined  for  purposes  of  3711. 

Road  work,  tax  to  be  applied  to,  when  3841. 

Sale,  surplus,  turned  over  to  owner  of  prop- 
erty 3719. 

Sale  of  property  for,   surplus  turned  over 
to  owner  3719. 

Statement    furnished    by    auditor    to    con- 
troller, how,  when  3725. 

Statement  made  by  county  auditor  to  con- 
troller, how,  when  3725. 

Statement  under  oath  of  number  of  persons 
employed,  given  assessor,  when  3718. 

State    controller    to    receive    statement    of, 
from  auditor,  how,  when  3725. 

Summary    collection    of,    by    assessor,    how 
made  3718. 


Taxation,  poll  tax — continued. 
Sureties  and  assessor  liable  for,  when  3718. 
Sureties  liable  on  bond  for  failure  of  as- 
sessor to  make  return  3726. 
Taxes,  sale  of  property  for,  surplus  to  go 

to  owner  3719. 
Taxes,   statement  furnished   by   auditor   to 

state  controller,  how,  when  3725. 
Taxes,  use  of  state  and  county  3711. 
Title,  to  property  sold  at  sale,  how  given 

3719. 
Treasurer  to  give  assessor  duplicate  receipts 

for  poll  taxes  paid  in  3722. 
Treasurer  to   go  with  assessor   to   auditor 

when  final  settlement  made  3723. 
Treasurer  responsible  for,  when  3722. 
Transfer  poll-tax  receipt,  felony  3717. 
Wages,    may   be   garnisheed   for,    how    and 

when  3718. 
Wages   of   employees   liable   for,   how   and 

when  3718. 

Who  is  exempt  from  payment  of  3711. 
Who  shall  pay  3711. 
[Sec.    3721    superseded    by    sec.    3841.     See 

Const,  sec.  256.] 
[Sec.  3712  superseded  by  sec.  3841.] 


Possessor  of  mortgaged  property  deemed 
owner,  when  3631. 

Possession  to  property  obtained  by  tax  deed, 
how  3666. 

Possession  to  property  sold  for  taxes  ob- 
tained, how  3666. 

Posting  notice  of  sale  of  property  for  taxes, 
when  3767. 

Posted  notice  of  tax  suit,  form  of  3663. 

Powers  of  board  of  equalization  3638. 

Powers,  otncers  acting  under  temporary  ap- 
pointment 3753. 

Printing  tax  list,  cost  to  be  allowed  by 
county  commissioners,  how  3775. 

Printing  taxpayer's  list,  to  be  paid,  how  and 
by  whom  3632. 

Proceedings  in  suit  for  foreclosure  of  mort- 
gage or  lien,  tax  stayed  until  affidavit  of 
payment  of  taxes  filed,  when  3756. 

Proceedings  in  tax  suit,  judgment,  how 
rendered  3665. 

Proceeds  of  mines,  taxes  on  collected,  when 
3689. 

Proceeds  of  taxable  property  paid  into  gen- 
eral fund,  when  and  how  3671. 

Proceeds  from  sale  of  property  by  treasurer 
to  go,  when  3767. 

Proceeds  from  sale,  rents,  redemption  of 
tax  property,  how  appropriated  3671. 

Procedure  for  collection  of  taxes,  personal 
property  5307,  5314,  3679. 

Procedure  in  suit  for  delinquent  taxes,  what 
3662. 

Prohibition  on  expenditures  of  county  funds, 
what  3830. 

Proof  of  loss,  personal  property,  tax  money, 
how  made  by  controller  3685. 

Proof  of  payment  of  taxes  to  be  made  in 
suit  for  foreclosure  mortgage  or  lien  3756. 

Property,    amount   thereof   to    be    sold   for 

taxes  3666. 

Arrest  to  be  made  for  fraudulent  convey- 
ance to  avoid  taxes,  when  3679. 
Assessed    in    several    counties,    how    paid 
3678. 


2555 


INDEX 


Revenue 


T;t xation.  property — continued. 
Assessed  full  cash  value  3623. 
Assessment  roll  to  describe  and  list,  how 

3633. 

Becomes  delinquent  for  taxes,  when  3646. 
Certificate  to  be  given  at  tax  sale  3652. 
(Maimed  by  several,  assessed  how  3633. 
Convex ed  to  treasurer  by  deed  of  trust, 

how  and  when  3669. 
I  >oi -eased  persons,  how  assessed  3629. 
Delinquent  for  nonpayment  of  taxes,  when 

3864. 
Delinquent   for  taxes  to  be  advertised  by 

treasurer,   how.  when  3646,  3651,  3865. 
Delinquent,  list  to  be  sent  controller,  how 

and  when  3649. 
Kxempt   from  taxation  .".f.i'l. 
Of   firm,   company,   corporation   assessed, 

when  3629. 
Held   by   treasurer  to  be  sold,   how  and. 

when  :'>»;<57. 
Held     for    taxes    redeemed     from    county 

nvasuror.   when  3667. 
Held  in  trust  by  treasurer  assessed,  how. 

when  :5r,7M. 
Held    in    trust    by   treasurer,    taxes,    how 

paid  .",670. 
Held  in  trust  by  treasurer,  how  and  when 

sold  :;«;r,7. 
Held  in  trust  by  treasurer,  to  be  rented, 

how  and  when  .",668. 
Held  for  taxes,  treasurer  to  sell  by  order 

of  commissioners,  when  ."»7<',7. 
Included     in    officers'    certificate    of    sale 

3669. 
In    other   counties    assessed    by    list    sent 

assessor,  when  .".027. 
Insufficient  to  pay  taxes,   balances,   how 

remitted  :;r,7o. 

In  tax   suits,    how    redeemed    after  judg- 
ment .",(;<;.">. 

List  describing  same  to  be  sworn  to  3626. 
List    of    added    assessment    by    board    of 

equalization,  published  3635. 
List  of  valuation   prepared   by   assessor, 

when  3632. 
Not  assessed,  assessor  and  sureties  liable 

3625. 
Notice   to   be   posted   on,    when    sold   for 

taxes  3767. 
Of   persons    under    legal    disability,    how 

redeemed  3666. 

Of  railroad  company,  classified  for  pur- 
poses of  taxation  3815. 
Of  Y.  M.  C.  A.  exempt  from  taxation  3842. 
Personal,  sold  for  taxes,  title  vests,  when 

3679. 
Personal,  tax  to  be  collected  by  assessor, 

when  3866. 

Possession  of  paid  by  tax  deed,  how  3666. 
Purchaser   at   tax    sale   to   receive   deed, 

how  and  when  3654. 
Purchased  by  county  for  taxes,  costs,  how 

paid  3673. 
Redeemed    from    county    treasurer,    how 

and  when  3667. 
Rents    therefrom    to    pay    for    taxes    by 

treasurer,  when  3668. 
Sold  at  sale,  subject  to  redemption,  when 

and  how  3651. 
Sold  for  delinquent  taxes,  how  and  when 

3651. 


Taxation,  property — continued. 

Sold  for  taxes  to  be  bought  by  treasurer, 

when  3667. 
Sold    for    taxes    by    treasurer,    how    and 

when  :?667. 

Sold  for  taxes,  procedure  3651. 
Sold  for  taxes,  notice  posted,  when  3707. 
Sold  for  taxes,  redeemed,  how  and  when 

3666, 

Subject  to  taxation  3621. 
Suit  for  delinquent  taxes  not  to  be  filed. 

when  .0,6.V). 

Taxes  paid,  how  and  where  3643. 
Taxes  paid,  how  ,°,6ir». 
Tax.    personal    property,     how    collected 

3678. 
Total   valuation  of  assessment  roll  to  be 

added  by  auditor  .".61  1. 
Title  from  tax  sale  to  pass,  when  :',( >.">:!. 
Transferred  to  avoid  taxes,  unlawful  3679. 
Treasurer  to  make  out  deed,  when  3653. 
rnknown   owner,   how  assessed  3624. 
Widow  and  orphans  exempt  3(521. 
Within  city  limits,  how  listed  3633. 
Without  city  limits,  how  listed  :'><;:;:;. 
Provisions  for  diminution  of  county  tax  rate, 

what  3827. 
Public  auction  for  personal  property,  sold 

for  taxes,  when  .'{679. 

Public  to  have  access  to  all  tax  books,  assess- 
ment rolls,  when  3752. 

Publication,  cost  of  tax  list  to  be  what  3646. 
Form  of  notice  of  tax  suit:  3663. 
Of  delinquent  tax  notice,  to  contain  what 

3857. 

Of  joint    statement  made  by  auditor  and 
treasurer   of   condition  county  finances 
to  he  published,  how  and  when  3746. 
Of  notice  in  newspaper,  for  tax  sale,  when 

.",767. 
Of  notice  of  delinquent  tax  sale  to  cost, 

what  .",(546. 
Of  summons  in  tax  suit,  how  and  when 

made  .",(563. 
Publisher  to  make  affidavit  of  publication  in 

tax  suit,  when  3663. 
Public  schoolhouses  exempt  362]. 
Punishment  district  attorney  for  failure  to 

pay  over  taxes  3(570. 
Punishment  for  attempt  to  avoid  personal 

property  tax  3679. 
Punishment    for    transferring    property    to 

avoid  taxes  3679. 
Purchaser   of   property    from    treasurer   to 

file  statement  of  auditor,  when  3668. 
Purchaser  tax  property  to  receive  absolute 

deed,  when  3667. 
Quarterly  reports  to  be  made  to  controller, 

how  3835. 

Quorum,    board   of   equalization,    how   con- 
stituted 3638. 
Railroads  and  property  tax,  how   provided 

3815. 

Railroads  and  rolling  stock,  how  assessed  3814. 
Railroads  defined  for  purposes  of  assessment 

3815. 
Railroads  failing  to  make  required  statement, 

assessors  to  proceed,  how  3817. 
Railroads,  portion  in  each  county  assessed  as 

part  of  whole  3816. 

Rate  of  taxes  in  certain  counties  increased, 
how  and  when  3837. 


Revenue 


INDEX 


2556 


Taxation — continued . 
Rate  of  for  county  purposes,  how  fixed  3827, 

3837. 
For  county  purposes,  not  to  exceed,  what 

3762. 

For  counties,  how  fixed  3826,  3827. 
Increased  in  certain  counties,  how  and  when 

3837. 

Real  estate,  defined  3622. 
Owner  of  undivided  real  estate  may  pay 

proportion  of  taxes  3645. 
Taxes,  how  released  3665. 
Real  property  held  by  treasurer,  sold,  when 

3667,  3767. 
Held  for  taxes  of  personal  property,  when 

3665. 

Lien  attaches  for  personal  property  tax  3619. 
Tax  deed  conclusive  evidence  of  title,  when 

3666. 
Receipts  for  money  paid  into  county  treasury 

delivered  to  auditor,  how,  when  3747. 
Receipts  for  taxes,  countersigned  by  auditor, 

how  and  when  3683. 
By  district  attorney,  for  taxes  and  costs, 

prima  facie  evidence  of,  what  3665. 
Failure  to  file  with  district  attorney,  what 

3655. 

Filed  with  auditor,  when  3654. 
Filed  with  district  attorney,  when  3654. 
Given  by  county  treasurer  to  persons  pay- 
ing in  money,  when  3747. 
Given  by  tax  receiver  3643. 
Proper  to  cause  dismissal  of  suit,  when  3628. 
State  treasurer  to  give  county  treasurer  re- 
ceipts for  money  paid, over  3748. 
Unused  blank  receipts  and  stubs  returned 

to  auditor,  how  and  when  3686. 
Receiver  of  taxes  and  treasurer  attend  office 

of  auditor  with  delinquent  list,  when  3862. 
Receiver  of  taxes,  county  treasurer  to  be  3643. 
Receiver  of  taxes  charged  by  auditor  with 

amount  of  taxes  levied  3642. 
Enter  statement  of  delinquent  taxes  upon 

assessment  roll  3646. 
File    list    of     delinquent    taxpayers    with 

auditor,  when  3646. 

Issue  duplicate  tax  receipts,  when  3654. 
Give  receipt  for  payment  of  taxes,  how  3645. 
Liable  for  neglect  to  make  settlement  3650. 
Not  to  receive  less  than  the  least  subdivi- 
sion on  assessment  roll  3645. 
Publish  notices  for  taxes,  how  and  when 

3644. 

Receive  assessment  roll  3641. 
Recei  ve  corrected  assessmentroll,  when  3795 . 
Receive  taxes  from  delinquent   taxpayers 

3654. 
Settle  with   auditor,  how  and  when  3648, 

3796. 
Subscribe  to  oath  on  assessment  roll,  how 

and  when  3648. 
Turn  over  assessment  roll,  when  and  how 

3648. 
Records  of  county  commissioners  show  state 

and  county  levies  3763. 
Recorder,  enter  satisfaction  of  mortgage  on 

lien,  how  and  when  3755. 
Liable  for  failure  to  file  affidavit  in  satis- 
faction of  mortgage  and  lien,  when  3755. 
Liable  on  official  bond  for  failure  to  enter 

satisfaction  of  mortgage  on  lien  3755. 


Taxation — continued . 
Recorder,  receive  fee  for  filing  affidavit  of  tax 

payment  3755. 

Receive  fee  filing  notice  of  publication  3663. 
Record  certificate  and  deed  of  property, 

how  and  when  3669. 
Satisfied  by  affidavit  before  satisfaction  of 

mortgage  or  lien  can  be  entered  3755. 
Redemption  fund  created  by  commissioners, 

how  and  when  3764. 

Redemption,  money,  how  appropriated  3671. 
Money   paid    for    property,   how   propor- 
tioned 3671. 
Property  from  county  treasury  made,  how 

and  when  3667. 

Property  held  by  county,  when  3652. 
Property  not  redeemed  for  taxes  sold,  how 

and  when  3767. 
Property  sold  at  tax  sale  subject  to,  when 

3651,  3865,  et  seq.  5300. 
Property  sold  for  taxes  after  judgment  3665. 
Property  sold  for  taxes,  how  made  3666. 
Reduction    in    assessment   made,  how    and 

when  3638. 
Refusal   make    statement   of    tax  property, 

penalty  3624. 
Refusal  obey  citation  personal  property  tax 

suit,  contempt,  when  3679. 
Release  mortgage  or  lien,  affidavit   of  pay- 
ment of  taxes  made  before  entry  3755. 
Remaining  half  unpaid  taxes  becomes  delin- 
quent, how  and  when  3864. 
Removal  assessor  for  failure  to  make  monthly 

statement  3681. 

Assessor  from  office,  when  3684. 
Commissioner  for  contracting  indebtedness, 

how  and  when  3834. 

From  office  district  attorney,  cause  of  3676. 
Of  officer  for  misappropriation  public  funds, 

when  3751. 

Rents  of  property  held  for  taxes,  how  appor- 
tioned 3668. 
Reports,  annual,  of  county  finances  made  to 

controller,  how  3835. 
Auditor's,  filed  in  office  of  controller,  when 

3748. 
County  auditor's,  sent  controller  by  county 

treasurer,  when  3748. 
Duty  of  auditor  to  furnish  treasurer  with, 

when  3748. 

Mileage,  receipts,  expenses,  dividends,  sur- 
plus of  express  companies  made  3792. 
Resolution  commissioners  for  temporary  loan 

to  state,  what  3831. 
Revenue  board  to  approve  temporary  loan  by 

county,  how  and  when  3764. 
Revenue,  county    apportioned    by    commis- 
sioners, how  and  when  3764. 
Insufficient  to  meet  county  needs,  how  and 

when  3818. 
Officer,  removed  from  office,  how  and  when 

3753. 
Settlement   by  county  officers  made  with 

auditor,  when  3754. 
Road,  special  tax  for  3620. 
Road  tax,  basis  for  3637. 
Roll,  assessment  added  by  auditor,  when  3641. 
Roll,  assessment,  changed  by  commissioners, 

how  and  when  3640. 
Delivered  to  auditor,  when  3640. 
Delivered  to  clerk,  when  3636. 


2557 


INDEX 


Revenue 


Taxation — continued. 

Roll,  assessment,  divided  into  separate  col- 
umns, how  3633. 

How  prepared  3633. 

Sale,  notice  of  for  property  sold  by  treasurer, 
how  given  3767. 

Personal  property,  fee  for  assessor  3679. 

Personal  property  for  taxes,  when  and  how 
made  3679. 

Property  by  treasurer,  proceeds  to  go,  \\lu-n 
3767. * 

Property  for  delinquent  taxes  by  treasurer, 
how  and  when  3865. 

Property  for  taxes  to  be  redeemed,  how  and 
when  3666. 

Property  sold  for  taxes  redeemed,  ho\v  and 
when  3651. 

Tax,  property  held  by  treasurer  in  trust, 

how  made  3667. 
Satisfaction  of  mortgage  or  lien  entered  by 

recorder  3755. 
School  fund  to  receive  all    fines,   how  and 

when  3760. 

Schools,  special  tax  for  3620. 
School  tax,  basis  for  3637. 
Scrip,  tax  to  be  levied  to  redeem  same,  how 

and  when  38.°.:;. 
Semiannual    payments  of  taxes,  how  made 

3864. 

Service,  affidavit  of  publication  prima  facie 
of,  when  IMi.",. 

Citation  in  suit  personal  property  tax,  how 
made  3679. 

Effect  of  personal  service  in  tax  suits  3666. 

Of  summons  in  delinquent  tax   suits,  how 
made  36&3. 

Of  summons  upon  personal   defendant  in 
tax  suit,  IM»\V  made  3663. 

Of  summons  upon  real  estate  and  improve- 
ments thereon,  how  made  3663. 
Session  of  board  of  equalization  to  be,  when 

3793. 
Settlement  made  by  county  treasurer,  when, 

if  vouchers  for  claims  are  received  3749. 
Settlement,  state  controller  with  county  treas- 
urer, how  made  and  when  3748. 
Settlement,  tax  receiver  with  county  auditor, 

how  and  when  3648. 

Several  counties,  tax  rate,  how  fixed  3827. 
Sheriff,    ex   officio    license    collector,    make 

financial  settlement  with  auditor,  when  3754. 
Sheriff,  ex  officio  license  collector,  removed 

from  office,  how  and  when  3753. 
Sheriff,  serve  summons  in  delinquent  tax  suit, 

how,  when  3663. 

Situs  of  live  stock  for  purpose  of  taxation  3843. 
Societies,  charitable,  benevolent,  what  prop- 
erty exempt  3621. 
Special  deposit,  county  funds  to  be  kept  on 

special  deposit  by  county  treasurer,  how, 

when  3747. 
Special  tax  for  cities,  towns,  schools,  road  3620. 

How  assessed  and  collected  3620. 

Levied,  how  3620. 

Lien  on  property  3620. 

Levy  made  by  county  commissioners,  how 

and  when  3762. 

State  ad  valorem  tax,  how  levied  3617. 
State  board  of  assessors,  valuation  on  land 

to  stand,  when  3797,  3840. 


Taxation— continued. 

State  controller,  and  state  treasurer  to  order 
county  treasurer  to  pay  over  state  mon- 
eys, how  and  when  3748. 

Auditor  to  furnish  tax  statement  3642. 

Cause  suit  to  be  commenced  against  county 
treasurer,  when  3650. 

Institute  suit  against  county  auditor,  when 
3685. 

Prepare  form  of  personal  property  tax 
receipts  for  use  by  assessor  3682. 

Receive  joint  statement  of  county's  finances 
from  auditor  and  treasurer,  when  3746. 

Receive  receipt  of  state  treasurer  from 
county  treasurer,  when  3748. 

Receive  report  from  county  auditor  of 
taxes  stricken  3675. 

Receive  statement  from  auditor  3750. 

Receive  statement  from  county  auditor  of 
state  moneys  in  county  treasury,  and 
sources  of  3748. 

Receive  unused  receipts  and  stubs  from 
auditor,  when  3686. 

Settle    with    county    treasurer,    how    and 

when  3748. 

State,  general  fund  to  receive  money  recovered 
in  suit  against  auditor,  when  3685. 

Levy  added  to  county  levy  by  commission- 
ers 3763. 

Moneys  paid  by  county  treasurer  upon 
order  of  state  controller  and  state  treas- 
urer 15718. 

Property  exempt  from  taxation  3621. 

Proportion  of  expenses  in  collection  of  rev- 
enue, what  3749. 

Revenue  expenses,  incurred  by  officers  to 
be  paid,  how  3749. 

Tax,  how  apportioned  361.7. 

Tax,  how  levied  3618. 

To  allow  part  compensation  for  revenue 
officers,  how  and  when  3749. 

Treasurer  and  state  controller,  order  county 
treasurer  to  pay  over  .state  moneys,  how 
and  when  3748. 

Treasurer,  receive  all  fines  and  credit  to 
school  fund  3760. 

Treasurer   to  receive    funds    from    county 

treasurer,  when  3748. 

Statement,  certified  by  controller  with  official 
seal,  to  be  used  as  evidence  of  what  3685. 

County  auditor  to  controller ,  to  contain  what 
3750. 

County  treasurer  to  file  statement  under 
oath,  how  and  when  3647. 

Delivered  by  treasurer,  giving  reason  for 
not  collecting  delinquent  taxes  3862. 

Filed  with  state  controller,  showing  valua- 
tion taxes,  when  3642. 

Furnished  assessor  by  taxpayer  3624. 

Furnished  assessor  by  mining  company,  to 
contain  3690. 

Made  by  express  company,  to  include  what 
3792. 

Made  by  auditor  and  treasurer  of  county's 
financial  condition,  to  be  published,  how 
and  when  3746. 

Made  jointly  by  treasurer  and  auditor  of 
county's  finances,  to  contain  what  3746. 

Railroad  company  as  to  property,  to  con- 
tain what  3814. 


161 


Revenue 


INDEX 


2558 


Taxation — continued. 

Statement,   showing    moneys    received    and 
sources  by  county  treasurer,  to  be  deliv- 
ered to  state  controller,  how,  when  3748. 
Statement  of  state  money  in  county  treasury 
to  be  furnished  state  controller  and  state 
treasurer,  how  and  when  3748. 
Stock  running  at  large  assessed,  when  and 

how  3843. 

Stockholder,  shall  not  be  assessed  3629. 
Striking  off  of  delinquent  taxes  by  commis- 
sioners, how  and  when  3862. 
Suit,  affidavit  of  publication  of  summons  in 

tax  suit,  how  made  3663. 
Against    assessor    and    bondsmen    to    be 

started,  when  3839. 
Answer  to  be  filed  in  personal  property  tax 

suit,  how  and  when  3679. 
Brought   by  assessor    for   taxes,  personal 

property,  how  and  when  3679. 
Brought  in  the  name  of  the  State  of  Nevada, 

when  3659. 
Character  of  judgment,  how  entered  1603, 

1636,  1677,  3665. 
Collection    personal    property,   what    fees 

allowed  3679. 
Commenced   against   recorder   by  district 

attorney  in  mortgage  tax  matters,  when 

3755. 

Commenced  by  district  attorney ,  when  3650. 
Commenced  for  taxes,  how  and  when  3657. 
Commenced,  when  3659. 
Complaint  for  delinquent  tax,  form  3661. 
Dismissed,  for  taxes,  when  3678. 
District  attorney  to  receive  fee,  amount  3677. 
Delinquent  taxes  3663. 
Delinquent  taxes,  begun  when  3659. 
Delinquent  taxes,  judgment,  how  rendered 

3665. 
Foreclosure  of  mortgage  or  lien,  affidavit 

attached  to  complaint,  what  3756. 
Judgment,  how  entered  3673. 
Judgment,  to  include,  what  3665. 
Eecovery   delinquent   taxes,    commenced, 

when  3646,  3651,  3865. 

Shall  not  be  commenced  by  district  attor- 
ney for  taxes,  when  3655." 
Tax,  order  for  foreclosure  on  mortgage  or 
lien,  proceedings  stayed  until  affidavit 
of  payment  of  taxes  filed,  when  3756. 

Personal    property    tax,    citation,    how 
served  3679. 

Property,  how  redeemed  after  judgment 
3665. 

Service  citation,  how  made  3679. 
Summons,  how  issued  and  served  3663. 
Summons,  in  suit  for  delinquent  tax,  how 

served  3663. 
Summons,  in  suit  for  delinquent  taxes  to  state, 

what  3660. 
Sureties,  liable    for   county    treasurer,  how, 

when  3672. 
Of  assessor,  liable  for  propertv  not  assessed 

3625. 
Of    assessor,   liable    for   unassessed    land, 

taxes,  when  3839. 
Revenue    officer    acting   under  temporary 

appointment  to  give  bond,  when  3753. 
Treasurer  and  ex  officio  tax  receiver  liable, 

when  3650. 


Taxation — continued. 
Sworn  statements,  to  assessor,  by  whom  made 

3624. 
Taxpayer,  arrested  for  evasion  of  taxes,  when 

3679. 
How  notified  of  suit  for  delinquent  taxes 

366:). 

List  prepared  by  assessor,  when  3632. 
Notified  by  tax  receiver,  when  3644. 
Notified  of  delinquent  taxes,  how  3646. 
Optional  to  pay  full   amount,  when  3644,' 

3659,  3864. 
Pay  cost  of  publication  delinquent  tax  list 

3646. 
Receive    list    of    taxpayers    and    property 

assessed  3775. 

Select  county  to  pay  taxes,  when  3628. 
Taxes  struck  off  by  county  commissioners, 

how  and  when  3675. 
Time  to  answer  in  delinquent  tax  suit,  what 

3663. 

Title,  tax  property,  how  vested  3652. 
Personal  property,  tax  sale  vests,  when  3679. 
Real  property  by  tax  deed,  what  3666. 
Tax  property  set  aside,  when  and  how  3666. 
Toll  roads,  affidavit  made  by  owners  of  to 

county  treasurer,  when  3757. 
Complaint    made    county    commissioners 

notify  toll  roads  to  repair  3759. 
Costs  in  suit  by  county  for  collection  of 

money  due  from  toll  roads,  how  taxed 

3757. 

County  commissioners   compel  toll   roads 
kept  in  repair  3759. 

Direct  district   attorney   bring    suit    for 
money  due  from  toll  roads  3757. 

Direct  district  attorney  commence  action 
against  toll  roads,  how  and  when  3757. 

Direct  district  attorney  start  suit  forfeit 
franchise  toll  road  3759. 

Give  owners  reasonable  time  repair  toll 

road  3759. 
County  treasurer  pay  into  state  treasury  for 

general    school    fund  receipts  from  toll 

roads  3758. 

District  attorney  bring  suit  for  collection  of 
money  due  on  toll  roads  3757. 

Bring  suit  forfeit  franchise  toll  road,  when 
3759. 

Receive     fees    for    prosecution    of    suit 

against  toll  roads,  what  3757. 
Duty  of  district  attorney  to  commence  suit 

against  toll  roads,  when  3757,  3759. 
Failure  of  owner  of  toll  roads  settle  with 

county  treasurer,  penalty  3757. 
Fees  allowed  district  attorney  prosecution 

of  suit  against  toll  roads  3757. 
Forfeiture    franchise   by   toll    roads,    how 

caused  3959. 

Franchise,  forfeited  how,  when  3757. 
Kept  in  repair,  how,  when  3759. 
Money  received  from  paid  into  state  treas- 
ury" for  general  school  fund,  how,  when 

3758. 

Owners  pay  percentage  into  county  treas- 
ury, how.  when  3757. 

Penalty,  failure  for  owner  of  toll  road  set- 
tle with  county  treasurer  3757. 
Quo  warranto,  action  brought  by  district 

attorney  against  toll  roads,  how  and  when 

3757. 


255!:) 


INDEX 


Rewards 


Taxation— continued. 
Toll  roads,  report  to  county  treasurer,  how 

and  when  ;»7">7. 
Roads,  owners  of  toll  roads  report  to  county 

treasurer,  how  and  when  3757. 
Roads,  toll,  kept  in  repair,  how  and  when 

8759. 
School  fund  receive  money  collected  from 

toll  roads,  how  and  when  3758. 
Settlement,  owners  of  toll  roads  make  with 

county  treasurer,  when  :>7-">7. 
Statement  under  oath  made  to  treasurer  of 

gross  receipts  of  toll  roads  3757. 
State  school  fund  receive  moneys  collected 

from  toll  roads,  how,  when  :>7">S. 
Suit  for  collection  of  money  due  from  toll 

roads,  how  instituted  :;7~>7. 
Treasurer  receive  statement  under  oath  of 

gross  amount  of  toll  from  roads,  when  3757. 
Town  property  exempt  .°»»»21. 
Special  tax  "for  362O. 
Tax.  basis  for  3637. 
Transfer  of  property  to  avoid  taxes  unlawful 

3679. 

Treasurer  and  county  auditor  to  make  joint 
>tatement   of   finances  to   county   commis- 
sioners, how  and  when  37  4(1. 
Treasurer  and  ex  orficio  tax  receiver,  to  be 

removed  from  office,  how  and  when  3753. 
Advertise  property  delinquent    for  taxes, 

how  and  when  :'jiil6,  :5<1.~>1,  :;si,:,. 
As  trustee,  assessed  for  property,  how  3670. 
As  trustee,  pay  taxes  from  rent  of  property, 

how  and  when  3670. 
Compensated  for  services  in  tax  matters, 

how  and  when  3671. 
Deliver  statements    with    auditor    showing 

why  delinquent  taxes  not  collected  3862. 
File  statement  with    county    auditor,  how 

and  when  3668. 
(iive  assessor  receipt  for  tax  collection  paid 

over  3680. 
Have  account   balanced    by    auditor,  how 

and  when  :>748. 
Hold  property  in  trust  for  state  and  county, 

when  3667." 

Inform  district  attorney  3625. 
Keep  county  moneys  in  his  own  possession 

on  special  deposit,  how  and  when  3747. 
Liable    for   not   making  settlement,  when 

3650. 
Liable  on  his  official  bond,  when  and  how 

3672. 
Make  apportionment  of  moneys,  how  and 

when  3647. 

Make  out  deed,  when  3653. 
Make  out  tax    certificate,  how    and    when 

3652. 

Make  settlement  with  auditor,  when  3754. 
May  buy  at  tax  sale,  when  3652. 
May  buy  as  trustee  at  tax  sale,  how  and 

and  when  3667. 
Pay  proceeds  from  taxes  into  general  fund, 

how,  when  3671. 
Quantity  of  property  to  be  sold  for  taxes 

3666. 

Receive  and  file  copy  of  levy  from  commis- 
sioner, when  3763. 

Receive  deed  for  tax  property,  when  3667. 
Receive  necessary  report  from  auditor,  when 

3748. 


Taxation— continued. 

Treasurer  and  ex  officio  tax  receiver,  receive 
revised  delinquent  tax  list  from  auditor, 
when  3S62. 
Receive  tax  money  from  assessor,  how  and 

when  3680. 
Refuse   personal    property   tax,  how    and 

when  3678. 
Rent  property  held  in  trust  by,  how  and 

when  3668. 
Sell  property  for  delinquent  taxes,  how  and 

when  3865. 

Sell  property  held  in  trust  by  him,  how  and 
when  3667. 

Treasurer  to  receive  penalty  for  taxes  3656. 

Temporary  orficer,  act  to  be  valid,  when  3753. 

Unable  to*  be  collected,  struck  off,  how  and 
when  3861'. 

Unassessed  land  taxes  paid  by  assessor,  when 
3839. 

Uncollected  taxes  by  district  attorney,  how 
treated  8675,3862,3863. 

United  States  property  exempt  3621. 

Unknown  owners,  how  assessed  362-1. 

I'lilawful  for  orficer  of  county  make  expendi- 
tures unless  money  in  treasury,  when  3830. 

Unpatented  mines  and  mining  claims  exempt 
3621. 

Valuation,    list    of    property    prepared    by 

assessor,  when  3632. 
Assessment  roll   added  by  auditor,  when 

3794. 
Certain  lands  for  purpose  assessment,  what 

3838. 

On  lands  placed  by  board  of  assessors,  to 
stand,  when  3840. 

Verification  of  answer  made  in  tax  suit  3664. 

Village  property  exempt  3621. 

Vouchers  certified  and  allowed  by  county 
commissioners  for  state  expense  claim  in 
revenue  collections  3749. 

Vouchers  for  claims  against  state  sent  by 
county  treasurer  to  controller  for  final  set- 
tlement, how  and  when  3749. 

Vouchers  for  claims  against  state  sent  by 
county  treasurer  and  controller,  when  3749. 

Warrants,  auditor  to  draw  for  printing  tax 
list  3632,  3775. 

What  amount  of  property  disposed  of   for    • 
taxes  3666. 

When  a  person  is  considered  under  legal  dis- 
ability for  purposes  of  tax  redemption  3666. 

Who  may  appear  before  board  of  equaliza- 
tion and  when  3638. 

Widows,  amount  of  property  exempt  3621. 

Y.  M.  C.  A.  property  exempt  from  taxation, 
when  3842. 

Revised  Laws,  compilation  of  1005-1016. 
Revised  Laws,  distribution  of  1015. 
Revised  Laws  of  Nevada  431-7634. 
Revision  of  constitution,  convention  for,  how 

called  384. 

Revocation  of  license  3867,  6841. 
Revocation  of  parole  7631. 
Revocation  of  power  of  attorney  1042. 
Revocation  of  reward  offered  3906. 
Rewards  3905-3907. 

Act  to  authorize  and  require  payment  of 
rewards  in  certain  cases  (approved  Feb- 
ruary 26,  1877)  3905. 


Rewards 


INDEX 


2560 


Rewards — continued. 

Act  to  authorize  county  commissioners  of 
the  several  counties  in  this  state  to  offer 
and  pay  rewards  in  certain  cases  (ap- 
proved March  3,  1869)  3906,  3907. 

Amount  of,  offered  by  bank  examiner  in 
certain  cases  646. 

Amount  of,  offered  by  county  commission- 
ers in  certain  cases  3906. 

Amount  of.  offered  by  governor  in  certain 
cases  3905,  2831. 

Amount  of,  offered  by  governor  for  viola- 
tion of  election  laws  1831,  2831. 

Bank  examiner  offer  for  larceny  from  bank 
646. 

Commissioners  may  offer  for  murderer  3906. 

County  commissioners  may  offer  in  case  of 
murder,  made  how  3906. 

Election  laws,  violation  of  1831. 

Escapes  2831. 

Governor  shall  offer  for  capture  of  escapes 
from  prison  1831,  2831,  3905. 

Governor  shall  offer  capture  of  murderers, 

3906,  2831. 

Governor  shall  offer  standing  for  capture 

highway  robbers  3905. 
Governor  shall  offer  violation  election  laws 

1831. 
Governor  required    to  offer   certain  cases 

2831,  1831. 

Highway  robbery  3905. 
How  made  and  revoked  3906. 
How  paid  3909. 
Larceny  from  bank  646. 
Murders  2831,  3906. 
Not  payable  to  officer  in  discharge  of  duty 

3905. 
Offer     made     by     county     commissioners 

revoked,  how,  when  3906. 
Offered  apprehension  escapes  from  prison, 

When  2831. 
Offered  capture  of  murderers,   paid    how 

3907,  2831. 

Offered  capture  murderers  of  Harry  Cam- 

bron  and  associates,  by  whom,  amount 

of  (see  Statutes  1911,  p.  16). 
Offered  certain  cases,  by  whom  3905-3907, 

2831,  1831,  646. 
Offered  by  county  commissioners,  paid  how 

3907. 
Offered  for  violation  banking  la\vs ,  by  whom , 

paid  how  646. 
Offered  for  violation  election  laws,  by  whom 

1831. 
Paid  to  person  or  persons  making  arrest, 

when  3905. 

Peace  officers  not  eligible  to,  when  3905. 
Revocation  of  3906. 
Robbery  3905. 

Standing,  for  highway  robbery  3905. 
State  detectives,  eligible  for  4304. 
State  treasurer  to  pay,  when  646,  1831. 
Violation  of  election  laws  1831. 
Rights,  declaration  of  230. 
Inalienable  proclaimed  230. 
In  general,  retained  by  people  249. 
Right  of  eminent  domain  given  irrigation  dis- 
tricts 3770.     See  Water. 
Right  of  representation,  defined  6129. 


Right  of  suffrage,  office-holding  not  to  be 
withheld  from  any  male  citizen  by  reason 
of  color  or  previous  condition  of  servitude 
411. 

Right  of  way,  acquired  through  private  lands 
by  ditch,  flume  builders  4712,  4714.     See 
Water. 
Across  public  lands  3169,  3171,  3172.     See 

Water. 

For  railroad,  court  may  order  clerk  to  pay 
money  to  claimant  entitled,  proceedings 
3535-3548. 
Granted  3531. 

Highways,  limit  to  3060.  See  Public  High- 
ways. 
Irrigation  districts,  acquired  how  4768-4769. 

See  Water. 
Not  to  be  appropriated  until  compensation 

is  made  or  secured  344. 
Over  state  lands,  irrigation  projects  4769. 

See  Water. 
Obtained  under  eminent  domain,  crossings 

and  culverts  to  be  kept  in  repair  5626. 
Secured  how,  by  telegraph  company  4629. 
Through  forest  reservations  2420. 
Where  veins  intersect  2398. 

Right  to  use  water  depends  on  putting  to 
beneficial  use  4674,  3105.  See  note  preced- 
ing 4672. 

Riot,  defined  6596. 

Riot,  in  case  of,  property  may  be  taken  for 
public  use,  compensation  to  be  made  after- 
ward 237. 

Riotous  assemblage,  ordered  dispersed,  when 
2836-2838. 

Riotous  assemblage,  power  to  suppress  2836- 
2843,  3982,  4058,  6593-6596. 

Riot,  suppression  of  6862. 

Road  districts,  county  commissioners  to  dis- 
organize, when  3014. 

Road  districts,  established  in  certain  counties 
3037. 

Road  districts,  eminent  domain  may  be 
exercised  for  5606. 

Road  fund  created  3006,  3014.  See  County 
Government,  Public  Highways. 

Road  inspector.     See  Public  Highways. 

Road,  right  of  way  for,  with  railroads  through 
canyon  5628. 

Road,  special  tax,  basis  for  3637.  See  Rev- 
enue. 

Road  supervisor,  compensation  of  3039.  See 
Public  Highways. 

Road  supervisor,"  office  of,  abolished  3010, 
3037-3040. 

Road  tax,  basis  for  3637.     See  Revenue. 

Roads  and  bridges.  See  County  Commis- 
sioners, Public  Highways. 

Roads,  local  and  special  laws  for  vacating  are 
invalid  278. 

Roads,  owners  of,  to  report  to  county  treas- 
urer 3757.  See  Revenue. 

Robery,  defined  6427. 

Robbery,  assault  with  intent  to  commit  6413, 
6917. 

Robbery,  reward  offered  for  3905. 

Rondo  6518. 

Roop  County,  creation,  boundaries  390,  4<>(.t. 
1447,  1484,  1485. 


2561 


INDEX 


School 


Roop  County— continued. 

Attached  "to  Washoe  County  for   judicial 

purposes  409. 

Rouge  et  noir,  gambling  game,  penalty  6518. 
Roulette,  gambling  game,  penalty  6518. 
Rout,  defined,  penalty  6596. 
Rule  of  court  may  provide  how  cases  shall 

be  entered  on  calendar  5200. 
Rule  of  decision  to  be  in  accordance  with 

common  law  of  England  5474. 
Rule  of   district  court  may  provide  penalty 

on  overruling  demurrer  4845. 
Rules  and  regulations,  interior  department 

have  effect  of  laws  2421.     See  Mines  and 

Mining. 

Rules  of  board  of  pardons,  pp.  2109-2110. 
Rules  of  board  of  parole  commissioners,  pp. 

2109,2110,2111. 
Rules  of  district  court,  pp.  1421-1425, 1431, 4942. 

See  special  index  under  Civil  Practice. 
Rules  of  pleading,  in  civil  action,  schedule  of 

sections  relating  to  5065. 
Rules  of  supreme  court,  pp.  1421-1425.     See 

special  index  under  Civil  Practice. 


Sabbath  breaking,  defined,  penalty  6608.    See 

Sunday. 
Safety  appliances,   failure  to  provide   6797- 

6799. 

Safety  appliances  on  railroads,  power  of  com- 
mission to  regulate  4555. 
Safety  cages  in  mines,  failure  to  provide  6799. 
Sagehen,  closed  season  for  2087. 
Salaries.     See  the  several  state  and  county 
officers. 

Increase  or  diminution  of,  restricted  377. 

Of  county  and  township  officers,  legislature 
may  determine  278. 

Of  justices  of  supreme  court,  to  be  fixed  by 
law,  how  payable,  not  to  be  increased  or 
diminished  during  term  330. 

Of  officers,  fixed  by  constitution,  not  to  be 
increased  or  diminished  during  term  377, 
401, 

Of  officers,  rebate  or  division  for  reward, 
prohibited  6313-6316. 

Officer  refusing  to  obey  writ  of  mandamus, 
applied  on  fine  5707. 

Subject  to  attachment,  when  2864,  2865. 
Salaried  officers,  neglect  to  pay  over  fees, 

penalty  1698. 
Sale.     See  Civil  Practice. 

Bailment,  property  held  by  530-542. 

Bank,  real  estate  of  656. 

Corporate  property,  by  court  1197,  1198. 

Estates  of  decedents,  real  property  5985, 
6020.  See  Estates  Deceased  Persons. 

Fish,  restrictions  regarding  2078. 

Homestead,  forced,  when  not  to  take  place 
228. 

Horse  meat,  when  unlawful  6524,  6525. 

Liquor  to  Indians  6507-6509. 

Personal  property,  for  taxes  3679. 

Real  estate  belonging  to  minors  or  persons 
under  legal  disability,  legislature  not  per- 
mitted pass  local  or  special  law  concern- 
ing (as  amended  1889)  278. 

Stolen  property,  when  7449. 

Under  execution.     See  Civil  Practice. 

When  evidence  of  fraud  1078,  1079. 


Sales  of  merchandise  3908-3912. 

Agent  to  notify  creditors  3909. 

Agent  to  receive  statement  from  3909. 

Agent  to  supply  statement  3908. 

Bulk,  merchandise  purchased  in,  require- 
ments 3908-3909. 

Creditors,  verified  statement  of,  to  demand 
3908. 

False  statement,  perjury  3910. 

Purchased  in  bulk,  requirements  3908-3909. 

Provisions  of  act,  waived,  when  3911. 

Purchaser  in  bulk  to  demand  verified  state- 
ment of  creditors  3908. 

Purchase  money  to  be  paid  creditors  3909. 

Sale  or  transfer,  defined  3911. 

Sale  void,  when  3909. 

Venders,  who  are  3912. 

Violation  of  act,  penalty  3910. 
Salesman,  has  preferred  claim  for  wages  5493, 

5494. 
Saline  lands,  location  of,  survey  of,  title,  how 

acquired  2392,  2421,  2447-2450,  2454,  2455. 

See  Mines  and  Mining  2375-2496. 
Saloons.     See  Liquor. 

Impure  liquor,  sale  of,  penalty  6816. 

License  for  conducting  3732. 

Minors  not  to  be  employed  or  permitted  in 
6506,  6842,  6843. 

Mixing  or  distilling  impure  6816. 

Near    construction    camp,    license    to    be 
revoked  6841. 

Permitting  minors  in,  penalty  6506,  6842, 
6843. 

Wages  of  miners,  not  to  be  paid  in  4230. 
Sandhill  crane,  closed  season  for  2089. 
Sanity  of  defendant,  inquiry  into  7271-7275, 

7385-7394.     See  Criminal  Practice. 
Satisfaction  of  judgment,  civil  action  507, 5279. 

Tax  suit  3660. 

Satisfaction  of  lien,  failure  to  enter  acknowl- 
edgment of,  penalty  2228. 
Satisfaction  of  mortgage  or  lien  3755. 
Savings  bank,   restrictions    and   regulations 

621,  622. 
Sawdust,  depositing  in  streams,  penalty  4716, 

4718,  6547. 
School  district  bonds  3431-3442.     See  Public 

Schools. 
School  district,  neglecting  to  maintain  school 

or  allowing  sectarian  instruction,  may  be 

deprived  of   proportion   of   public    school 

fund  354. 
School,  books,  overcharge  for  3412. 

Children,  interference  with  6599. 

District,  presenting    fraudulent   claim    for 
audit  or  payment  6715. 

Disturbing  of  3453. 

Election  law,  violation  of  3294,  3296. 

False  statement  of  age  or  attendance  of 
pupil  3450. 

Females,    eligible    as   superintendent   and 
trustee  of,  when  (Const.)  371. 

Funds,  auditor   and   treasurer    failing    to 
classify  3558. 

Houses,  injury  to  6760,  6761,  3455,  3456. 

Houses  of  prostitution  near  3457,  6510. 

Interfering  with  pupils  3452,  6599. 

Legislature  to  provide  special  tax  for,  when 
(Const.)  358. 

Normal  and  public  of  certain  grades,  legis- 
lature may  establish,  how  (Const.)  357. 


School 


INDEX 


2562 


School — continued. 

Property  of,  injuring  or  defacing  3455. 

Supply  act,  violation  of  3472. 

Truancy,  encouraging  3449. 

Truancy,  parent  failing  to  prevent  3435. 

Trustee,    certain    females    eligible,    when 

(Const.)  371. 
School  tax,   general  and  special,   basis    for 

3620,  3637. 

School  teachers,  libraries  and  certain  prop- 
erty   exempt    from    execution    5288.     See 

Public  Schools. 

School  uses,  eminent  domain  for,  when  5606. 
Scientific  improvement  to  be  encouraged  by 

legislature  353. 

Scrip,  county,  redemption  tax  3833. 
Seal.     See  Civil  Practice. 

District  and  supreme  court,  to  have  4875- 
4880,  5481. 

Of  county  1527. 

Of  notary  public  2753. 

Of  state  4402,  4403. 

Of  state,  to  be  kept  by  governor  308. 
"Seal"  or  "L.  S."  unnecessary  1095. 
Sealed  letters,  messages  or  telegrams,  opening 

unlawfully  6714. 
Sealed  verdict  5217. 
Search  and  seizure,  not  to  take  place  except 

on  probable  cause  supported  by  oath  and 

particulars  247. 
Search  of  defendant  7434. 
Search  warrant,  affidavit  of  probable  cause 
7417. 

Defined  7415. 

Examination  before  issuing  7418,  7419. 

Force,  using  unnecessary  in  serving, penalty 
6742. 

Form  of  7421 . 

Grounds,  disputed  hearing  7431. 

Grounds,  for  issuance  7416. 

Inventory  7429,  7430. 

Magistrate's  duty  7433. 

Magistrate  to  issue,  when  7420. 

Maliciously  procuring,  penalty  6741. 

Officer,  power  of  7423,  7424. 

Officer  exceeding  authority,  penalty  6742. 

Probable  cause  must  exist  247,  7417-7419. 

Procedure  to  obtain  and  serve  7415-7434. 

Property  destroyed,  when  7432. 

Property  taken,  disposal  7428. 

Receipt  for  property  7427. 

Return  and  inventory  7429. 

Service  of  7422-7425. 

Service  in  daytime,  exception  7425. 

Time  of  service  7425-7426. 
Seat  of  government,  Carson  City,  designated 
by  constitution  369. 

Sessions  of  legislature  to  be  held  at  259. 

Terms  of  supreme  court  to  be  held  at  322. 
Secession,  right  of  denied  231. 
Second  degree  murder  6386. 
Second-hand  dealer,  defined  6472. 
Second-hand    dealer,    duties    and    penalties 

6465-6472. 
Second  judicial  district,  number  of  judges, 

powers,  rules,  may  make  4903.     See    Dis- 
trict Courts. 
Secret  offenses,  limitation  of  prosecution  for 

6924. 
Secret  or  military  orders  or  societies,  badge 

or  insignia  of,  unlawful  wearing  6717. 


Secretary  of  corporation,  depositions  of  may 

be  taken  5454. 
Secretary  of  interior  to  cooperate  with  state 

engineer  relative  to  water  4681. 
Secretary  of  state.     See  Officers  Generally. 
Age  qualification  2766. 
"Agreement  and  contract  book/'  to  keep 

4267. 
Appointments    and    elections    reported    to 

2795. 
Assembly,  roll  of  to  make  out  and  to  call 

to  order  4112.  4113. 
Bank,  to  issue  certificate  of  incorporation 

of  (5 IT. 
Biennial  report  to  governor,  number  and 

printing,  what  to  include  2929, 4262.  4268. 
Bill  vetoed  after  adjournment  of  legisla- 
ture, to  be  filed  with  293. 
Board  of  capitol  commissioners,  member 

4411. 
Board  of  examiners,  member  of,  duties  as 

314.  4455,  447<;. 
Board  of  examiners,  to  audit  expenses  of 

4268. 
Board  of  prison  commissioners,   member 

of  314,  4328. 

Bond,  governor  to  approve  4251,  4252. 
Bond  of  deputy,  may  require  4201. 
Bond  of  guardian  of  insane  person,  to  be 

given  for  expenses  2201. 
Bond,  to  be  deposited  with  4252. 
Books  delivered  to,  to  stamp,   how  2932- 

293(>. 

Business  hours  4'2~>:\. 
Certificates  of  incorporation,  to  issue  1 100. 

1142.  1145.  1151,  1243. 

Certified  copies  of  records,  to  furnish  4i>r><;. 
City,  certificate  of  incorporation  filed  with 

TT2. 

Clerk   and   typists,   may  employ,   compen- 
sation 4195. 

Clerks,  extra  may  employ,  when  425S. 
Clerks   to   certify   elections   and   appoint- 
ments to  2801. 
Commission    to    commissioners    of    deeds 

1003,  1004. 

Commission,  to  countersign  279.">.  .">(.M'>7. 
Contracts,  recording  and  filing  4266,  4267. 
Cooperative    associations    to    file    articles 

with  1251,  1255. 
Copy    of    session    laws,    resolutions    and 

memorials    indexed,    to    furnish    state 

printer  4337. 

Corporations  (act  of  1865),  articles  filed 
with  1220,  1238. 

Biennial    list,    to    compile    and    publish 
1204. 

Certificate   of    incorporation,    may   cer- 
tify to  1221. 

Certificates,  to  issue  to  1109,  1142.  1145. 
1151.  11»4:'>. 

Decree  of  dissolution  filed  with  1 1 '.»<;. 

Dissolution  of.  duties  as  to  1189.  1181. 

Fees  for  filing  articles  1203,  134!>. 

Foreign,    copy   of   articles   to    rile   with 
1348. 

Foreign,    certificate   of   appointment   of 
resident  agent  filed  with  5024. 

Officers  and   agents  to  be   reported   to 
1136. 

Railro.-ul,  charter  to  file  with  3513. 

Renewal  certificate,  to  issue  1208.  1209. 


2563 


INDEX 


Selling 


Secretary  of  state — continued. 

Countersign  grants  and  commissions  309. 

Deputy,  power  to  appoint,  bond,  may  re- 
quire, salary  4201,  4395. 

Distribution  of  statutes  and  documents 
2!>:'2-2!t:JO,  4257,  4335. 

Duties,  in  reference  to  official  acts  of 
governor  4255. 

Duties,  information  to  furnish  to  legisla- 
ture and  governor  4255. 

Duties  of  313,  315. 

Duties  of  office,  general  4251. 

Duties  relative  to  board  of  examiners  4470. 

Election  of  312,  2765,  2773,  2774. 

Elections,  duties  in  relation  to.  See  Elec- 
tions. 

Election,  duties  relating  to  violation  of, 
penalty  2815.  See  Elections. 

Election  returns,  failure  to  receive,  duty 
2810. 

Election,  term  313. 

Eligibility  3 12.  :ii:i.  2700. 

Enrolled  bills  and  resolutions,  binding  of, 
to  supervise,  expense,  how  paid  4264, 
4265. 

Ex  otlicio  librarian  :',!>47.   Uio. 

Expenditures,  boa  I'd  of  examiners  to  audit 
1263. 

Expenses,  bow  paid  425!). 

Extra  clerks,  may  employ  when,  compen- 
sation J25X. 

Fees,  and  disposition  of  :J!>52.  4200. 

Fees,  corporation  articles,  tiling  120:1.  1349. 

Fees,  or  perquisites,  not  to  receive-  to  OWll 
use  389. 

Foreign  corporations,  failing  to  comply 
with  law.  to  notify  governor  1350. 

Foreign  corporations  to  file  copy  of 
articles  with  1348. 

Furnishing  board,  member  of  4468-4475. 

General  duties  4255. 

Governor,  duties  in  relation  to  official  act 
of.  information,  to  furnish  to  4255. 

Governor  to  file  resignations  in  office  2795. 

Governor,  to  notify,  of  foreign  corpora- 
tions failing  to  comply  with  law  1350. 

Hospitals  and  asylums,  charter  filed  with 
1390. 

Insane  person  becoming  indigent,  duties 
as  to  2201. 

Inventory,  to  take  4471. 

Law  books  and  reports,  to  distribute  2932- 
2936. 

Law  books,  to  sell,  price  of  2937. 

Law  books  and  journals,  distribution  of 
4257,  4335. 

Law  books  and  journals,  for  official  use 
only  4257. 

Law  books  and  journals,  receipt,  to  take 
for  4257. 

Legislature,  contest  papers  to  receive  1820- 
1822. 

Legislature,  information  to  furnish  to 
4255. 

Legislature  to  be  presented  with  bills 
vetoed  after  adjournment  293. 

Librarian,  ex  officio  4110.  See  State  Li- 
brary. 

Library,  fees  to  go  into  fund  3952,  4200. 

Library  fees,  account  to  render  3952. 

Member  board  of  state  prison  commission- 
ers and  board  of  examiners  314. 


Secretary  of  state — continued. 

Militia,  commissions,  to  attest  :>!)07. 

Miliary  commissions,  blanks  to  keep  4056. 

Oath    of    district    officers,    duplicate,    file 
with  271)5. 

Office,  at  capital  .".SO,  2774,  4253. 

Official  bond  4251. 

Official   services,   members  of  legislature, 
or  state  officers  not  to  charge  420O. 

Printing  of  laws  and  journals,  to  superin- 
tend 4257. 

Process,  service  on,  when  5025. 

Public  documents  and  reports  2929-2951. 

Railroad  corporations  to  file  articles  with 
3513. 

Kail  roads,    duties   concerning   3527,   3554, 
.",550.  :i5os.     See  Railroads. 

Receipts,  to  demand  for  public  documents, 
delivered  2lt.-5.V2!):'>!). 

Records,   not  to   be   removed  from   office 
4254. 

Kemoval    of   officer   or   vacancy,   duty   to 
notify  a] (point ing  power  2801. 

Kepoi'r.    when    must    present   draft   of   to 
governor  292!). 

Ifesigiiatioiis   tiled    in   office  of  2795. 

Hilary  of    |:',!M. 

Seal  for  controller,  to  procure,  impression 
of  to   retain  4171. 

Seal  of  state,  to  procure  and  use  for  veri- 
fication 4403,  4404. 

Seal  on  extradition  papers,  to  tix  without 
charge  7  I .".5. 

Service  of  process  on.  when  5O25. 

State  contracts,  to  be  tiled  with  4200. 

State  library  fund,  fees  to  constitute  part 
of  :;!)52.  4200. 

State   printer,   copy    for   printing,   to  fur- 
nish 4337. 

State  seal,  access  to   1404. 

Statutes  and   legislative  documents  to  de- 
liver to,  when  2932-2936. 

Stenographer,  to  employ,  salary  4270. 

Supplies,  to  keep  4468-4475. 

Supreme  court   reports,   to  sell,   price  of 
2951,  2943. 

Surety  company,  certificate,  to  issue  697, 
701. 

Telegraph    companies,    certificates   to    file 
with  4625. 

Term  of  office  2774. 

To  surrender  office  to  successor  4255. 
Typist,  to  employ,  salary  420'. ). 

Vacancies,  county  clerk  to  certify  to  2795. 

Vacancies,  duty  in  relation  to  2801. 

Weather  service,   director  of,   to   furnish 

with  stationery  4407. 
Sectarian  purposes,  public  funds  not  to  be 

used  for  361,  362,  364. 
Security.     See  Civil  Practice. 
Securities  for  debt,  how  taxed  3786,  3787. 
Security    to    keep    peace    6869,    6870.     See 

Criminal  Practice. 
Seduction,   action  for,  evidence  4994,  4995, 

7177. 

Limitation  of  action  for  4967. 
Self-defense,    what    essential    to    establish 

6394,  0395,  6402. 

Self-incrimination  before  public  service  com- 
mission, immunity  4536. 
Selling,  adulterated  liquors  0816. 


Selling- 


INDEX 


2564 


Sell  ing — continued. 

Goods  containing  forged  or  counterfeit 
stamps  or  labels  6690. 

Liquor  at  religious  or  camp  meeting  6598. 

Liquor  near  prison  or  in  capitol  building 
6504,  6505. 

Liquor  to  drunkards  or  dipsomaniacs  6523, 
6836,  6838. 

Liquor  to  husband  or  father,  when  un- 
lawful 6523. 

Liquor  to  imbeciles  6506. 

Liquor  to  Indians  6507-6509. 

Liquor  to  minors  6506. 

Lots  before  plat  filed  959. 

Or  keeping  lottery  tickets  6496-6498. 

Or  purchasing  carcass  or  hide  of  animal, 
when  grand  larceny  6640. 

Or  transferring  services  of  person  ab- 
ducted or  kidnaped  6420,  6421. 

Tickets   for   entertainments   without   au- 
thority 6718. 
Semiannual   payment  of  taxes,   how   made 

3864. 

Senate  to  try  impeachments  334. 
Senators,  state.     See  Legislature. 

Compensation  not  to  be  increased  or 
diminished  during  session  286. 

Number  to  be  not  less  than  one-third  nor 
more  than  one-half  that  of  members 
of  assembly  263. 

Payment  of  expense  for  postage,  express 
charges,  newspapers  and  stationery  291. 

People  have  right  to  instruct  239. 

Prohibited  from  receiving  fees  or  per- 
quisites 389. 

Qualifications  263. 

Terms  of  office  of  to  be  four  years  394. 

To  be  apportioned  according  to  population 
242. 

When  to  be  elected  262. 
Senators,  United  States.     See  United  States 

Senator. 
Sending  or  delivering  threatening Jetters  6437, 

6438. 

Sentence.      See   Judgment,  under    Criminal 
Practice. 

Minimum  or  maximum,  court  to  fix,  when 
7260. 

Of  death,  suspension  of  7270-7278. 

On  indictment  for  contempt  5405. 

Second  conviction,  when  to  begin  6818. 
Separate  property.     See  Husband  and  Wife. 

Defined  289,  2155. 

Husband's,  not  liable  for  debts  of  wife 
contracted  before  marriage  2170. 

Inventory  of  wife's,  to  be  made  2157-2159. 

Only  community  property  affected  by  pro- 
bate act  6125." 

Probate  proceedings,  inventory  to  show 
5944. 

Wife  to  control  her  own  2163. 

Wife's,  not  liable  for  debts  of  husband  2171. 
Separation  of  husband  and  wife,  contract  of 

2175. 
Servant,  has  preferred  claim  for  wages  5493, 

5494. 

Service  of  process.     See  Civil  Practice,  Crim- 
inal Practice. 

Servitude,  involuntary  not   to  be  tolerated, 
except  as  punishment  for  crime  246. 

Involuntary  prohibited ,  except  for  crime  228 . 


Sessions  of  legislature.     See  Legislature. 
Regular  not  to  exceed  60  days,  special  20 

days  287. 

To  be  biennial,  commencing  on  third  Mon- 
day in  January  (as  amended  in  1889) 
260,  396. 

To  be  held  at  seat  of  government  259. 
Set-off,    bankruptcy    proceedings    610.     See 

Counterclaim  under  Civil  Practice. 
Setting  spring  gun  6567. 
Settlement  between  parties  does  not    affect 

lien  for  attorney  fee  5376. 
Settlement  of  instructions,  rule  xl,  p.  1431. 
Settlement  of  statement  on  appeal  5331. 
Seven-and-a-half,   gambling    game,   penalty 

for  playing  $518. 
Sewerage,  eminent  domain  maybe  exercised 

for  5606. 
Sewerage  system  for  towns,  provisions  940- 

953,  984-990.     See  Towns. 
Sexton,  burying  without  permit,  penalty  2972. 
Shaft  in  mine.     See  Mining  Inspector. 
Shares  of  corporation,  subject  to  attachment 

5151,  5152,  5287. 
Sham    and  irrelevant  matter  [stricken  from 

.pleadings  5067. 
Sheep.     See  Live  Stock,  Sheep  Commission, 

Sheep  Inspector,  State  Veterinarian. 
Brands  or  marks.     See  Live  Stock. 
Bringing  into  state  without  inspection  2300, 

2301. 

Bureau  of  animal  industry  (U.  S.)  4390. 
Certificates   of   state   board  of   health   to 
obtain,  when,  before  bringing  into  state 
2988,  2994. 

Coming  into  state  without  inspection,  pen- 
alty, duties  of  inspector  2300. 
County  to  county,  moving  permit  to  obtain 

2308. 

Damages  for  unlawful  grazing  2319,  2320. 
Defined,  includes  goats  4593. 
Dipped,  when  required  2302,  2314. 
Diseased,  information,  herder  to  give  2306. 
Estrays,  when  deemed  2321. 
Examination  of,  before  bringing  into  state 

2300. 
False  complaint  of  infection,  liability  for 

2311. 
Failure  of  inspector  to  examine,  penalty 

2304. 

Goats  included  in  term  "sheep"  4593. 
Grazing  on  land  of  another  or  near  town 

or  ranch  house  unlawful  2317-2321. 
Herder,  refusing  information  to  inspector 

2306. 
Herding  or  grazing  within  three  miles  of 

town  or  village  2317,  2318. 
Impounded,  when  2328-2331. 
Infected,  exposing  or  permitting  to  roam 

at  large  2315. 

Infected,  failure  to  dip  2302. 
Infected,  moving  permit  to  obtain,  penalty 

for  without  2301,  2308. 
Infected,  notice  to  inspector  2306. 
Inspection  act,  violation  of  4602. 
Inspector, appointment,  qualifications, pow- 
ers and  duties  2298,  2299,  2303,  2307,  2316. 
See  Sheep  Inspector. 

Inspector,  permitting  removal  without  ex- 
amination 2304. 
Marks  or  brands.     See  Live  Stock. 


2565 


INDEX 


Sheriff 


Sheep— continued. 
Notice,  owner  to  give  before  entering  state 

2315. 

Owner  failing  to  report  infected,  to  inspec- 
tor 2305. 
Permitting  to  run  at  large  in  towns  or  cities 

2330. 
Quarantine,  declared  when,  enforced,  how 

2269,  4588,  4591,  4595. 
Railroads  transporting  without  health  cer- 

tiiicate  2309. 
Ranch  house,  grazing  within  one  mile  of, 

unlawful  2319. 

Scab,  affected  with,  failure  to  report  2305. 
Scab,  affected  with,  permit  to  move  2301, 

2308. 
Scab,   affected    with,  possession  of,  when 

misdemeanor,  penalty  2310. 
Shearing  within  limits  of  town  or  city  6548. 
Situs  for  purposes  of  taxation  3843. 
State  board  of  health,  powers  and  duties 

concerning  2988,  2994. 
Transportation  2309,  3585-3587. 
Veterinarian   employed,  when    2270,  2994. 

See  State  Veterinarian. 
Veterinarian,  state    4376-4389. 
Sheep  commission,  assessor  to  prepare  state- 
incut,  number  and  value  of  sheep  4590. 
Appropriation  4601. 
Bill  of  health,  inspector  to  issue  4593. 
Board,  created  4586. 
Board,  how  constituted  4587. 
Board,  governor  to  appoint  4587. 
Board,  meetings  4587. 
Bond  of  inspectors  4591. 
Bond,  to  furnish  4587. 
County  treasurer  to  notify  board  4590. 
Dipping  of  sheep  4596. 
Diseased  sheep,  permit  to  move  4598. 
Expenses,  how  paid  4588. 
Expenses,  owner  to  pay  4595. 
Formula  for  dip  4596. 
Health  regulations  4588. 
Infected  sheep,  immediate  notification  of 

4594. 

Inspection,  record  to  keep  4591. 
Inspector,  authority  of  4588. 
Legal  notice  4588. 
Lien,  expenses  to  be  4591-4595. 
Noncompliance    with   dipping    directions, 

penalty  4591. 
Office,  term  of  4587. 
Officers  of  4588. 
Office,  to  be  maintained  4588. 
Orders,  publication  of  4588. 
Powers,  of  board  4588. 
Powers,  of  inspectors  4591. 
Proper  vouchers,  inspector  to  file ,4600. 
Quarantine,  declared,  when  4591. 
Quarantine,  enforced  4595. 
Quarantine  and  dipping  4588. 
Qualifications  of  board  4587. 
Report  of  inspector  4592. 
Report  to  governor  annually  4588. 
Rules  of  bureau  of  animal  husbandry  4588. 
Salary  4587. 

Salary  of  inspector  4591. 
Secretary,  to  appoint  4588. 
Secretary,  duties  of  4588. 
Secretary,  salary  of  4588. 
Sheep  inspection  fund  4590. 


Sheep  commission— continued. 
Sheep  inspectors,  how  appointed  4591. 
Sheep  brought  into  state,  board  or  inspector 

to  be  notified  4597. 
Sheep  in  railroad  transit,  not  applicable  to 

Tax,  county  commissioners  must  levy  on 
order  of  board  4589. 

Tax  on  sheep,  for  sheep  inspection  4589. 

Tax  rate  to  establish  4588. 

Term  "sheep"  defined  4593. 

Term,  includes  goats  4593. 

Violation  of  act,  misdemeanor,  penalty  4602. 
Sheep  inspector,  appointment  of  2298,  4591. 

Authority  under  commission  act,  record  to 
keep  4588,  4591. 

Bond  to  furnish,  approval  of  2298. 

Deputies  2299. 

Duties  of  2316,  4588,  4591. 

Expenses  of  sale,  how  paid  2316. 

Fees  of,  how  paid  2303. 

Fees  to  collect,  when  paid  2313. 

Powers  and  duties  2299,  4588,  4591. 

Prosecutions  to  make,  proviso  2307. 
Sheep  inspection  fund  4589,  4590. 
Sheriff.     See  Officers  Generally,  Civil  Prac- 
tice. 

Absence,  leave  of  1566,  1568. 

Action  against,  for  official  acts  4957,  5242. 

Arrest,  how  made.     See  Arrest,  Criminal 
Practice. 

Arrest, civil  action, duty,  liability  5092, 5094, 
5098.5106-5111,  5308,  5446,  5744,  5748. 

Arrest,  refusal  to  make,  penalty  2820. 

Arrested  by  elisor,  how  confined  5497. 

Attachment,  how  executed  5150, 5157, 5168, 
5169,  5173. 

Auditor,  settlement  with,  for  licenses  3740, 
3741. 

Authority,  when  superior  to  constable  1692. 

Bailiff  may  perform  duties  of,  when  4919. 

Bench  warrant,  service  of.     See  Criminal 
Practice.' 

Bond  and  oath,  approval  and  filing  1644. 

Bond,  failure  to  give  new,  coroner  to  suc- 
ceed, when  2882. 

Bond   of   indemnity,  when    may   demand 
1659. 

Books  open  to  inspection  3752. 

Charging  illegal  fees,  penalty  1654. 

Claim  and  delivery,  party  demanding  prop- 
erty, service  5127,  5134. 

Collection  made,  liability  for,  damages  1652. 

Commissioners  not  to  allow  claim  of,  when 
3740. 

Contempt  proceedings,  duties  5399,  5401, 
5407. 

Coroner  to  succeed,  when  2882. 

Coroner  acting  as,  fees  for  7558. 

Court,  may  adjourn,  when  4872. 

Defrauding  prisoner,  penalty  7607. 

Deputies,  may  appoint,  oath  of  1645,  2848. 

Deputies,  in  charge  of  branch  jail,  com- 
pensation 7615. 

Deputies,  special  for  elections  1789. 

Delinquent  tax  suit,  summons,  to  serve  3663. 

District  court  to  attend,  orders  to  obey  and 
enforce,  rule  xxxix,  p.  1431,  1648. 

District  court  may  adjourn,  when  4872. 

District  judge,  to  provide  office  for,  when 
4921. 


Sheriff 


INDEX 


2566 


Sheriff— continued . 

District  judge  may  direct,  to  provide  room 

and  necessities  for  district  court  4841. 
Duel,  duty  to  prevent  2823. 
Duties  as  to  revenue,  neglect  of,  penalty 

3751,  3753. 
Duties  of  1647. 

Duties  of  other  office,  not  to  perform  3751. 
Election  of  1643,  2733,  2765,  2781. 
Election  contest,  papers,  to  serve  1808,  1809, 

1811,  1818-1820. 
Election  supplies,  to  officers  of,  to  deliver 

1769. 

Elisor,  appointed  to  act  for,  when  5495. 
Elisor,  may  arrest,  when  5497. 
Escape,  permitting,  liability,  1657,  5110. 
Estray  animals,  to  impound*2261-2265,  2329- 

2331. 
Execution,  duties   pending    stay   of,  rules 

xxii,  xxvi,  p.  1429. 
Execution  from  justice  court,  duties  as  to 

5786,  5793,  5810. 
Execution,  how  issued  and  enforced  5159, 

5160,  5281,  5295,  5494. 
Execution,  powers  after  term  1656. 
Ex  officio  license  collector  3727-3746. 
Ex  officio  license  collector,  to  make  financial 

statement  with  auditor  3754. 
Expenses,  transporting  prisoners,  claim  for 

1544,  1545. 
False  certificate  relative  to  horses  shipped 

out  of  state,  penalty  2394. 
Fee  book  to  keep,  inspection  of  2020. 
Fees,  animals,  sale  of  for  charges  54^9. 

Coroner,  acting  as  7558. 

Counties,  800  or  less  1997. 

Counties,  800  or  over  2009,  2919. 

Excessive,  demanding  or  receiving,  pen- 
alty 1654. 

Failure   to    keep  record  of    and    report, 

penalty  2023. 

,      General  provisions  of,  concerning  1696, 
1700. 

Illegal  charge  of,  penalty  1654. 

In  advance  2027. 

Mileage,  how  computed  2037,  2040. 

Monthly  statement  of,  to  commissioners 
2021." 

Not  paid,  liability  1659. 

On  returns,  when  not  to  charge  for  2041, 
2441. 

Under  pure  food  and  drug  act  3501. 

Veterinarian,  act  under,  court  to  allow 

4384. 
Firearms,  duty  to  enforce  law  concerning 

6570. 
Garnishee,  disposal  of   property    received 

from  5185,  5187. 
Garnishee,  property  from  to  receive  5155, 

5175. 

Glove  contest,  to  issue  license  for  3882. 
Governor  may  apply  to,  to  remove  prisoner 

7612. 

Grand  jury,  special  summons  for  7017,  7019. 
Grand  jury,  venire  to  summon,  return  on 

4931. 

Habeas  corpus,  writ  to  serve,  when  6232. 
Horse  inspector,  to  report  to  commission- 
ers, other  duties  2291-2296. 
Houses  of  prostitution,  law  to  enforce  3459. 


Sheriff— continued. 
Indemnifying    bond,    when    may    demand 

1659. 
Insane,    transportation    of,    allowance    for 

7591,  7592. 

Inspector  of  horses,  duties  2289,  2296. 
Insurance  agents,  license  from,  to  collect 

1280. 
Itinerant  peddler  act,   failure  to  enforce, 

penalty  3895. 

Jail,  custody  of  1646,  7605,  7615,  7619. 
Jails,  duties  and  powers  over  7605,  7622. 

Fraud  upon  or  misconduct  toward  pris- 
oner, penalty  7607. 

Jailer,   salary  in    certain   counties  1693, 
1695,  7606. 

Jailer   to  appoint,  responsible  for  1646, 
7605,  7615. 

Prisoners'  earnings,  to  account  for  and 
dispose  of,  how  7609. 

Prisoners  in,  may   employ,   and   report 
labor  of  7609,  7610,  7616-7622. 

Prisoners  in,  may  hire  out  7609. 

Prisoners  in,  may  remove,  when  7612. 

Prisoners  in.  to  have  charge  of  7619. 

Prisoners,   transfer    of,  mileage  and  ex- 
penses 7606. 

'Punishment  of  prisoners  in ,  to  report  7620. 

Returns   to    make,   penalty    for   neglect 
7608,  7620. 

Supplies,  expenses,  mileage    7605,  7606. 

U.  S.  prisoners  to  receive,  authority  over, 

liability  for  7610. 
Jailer,  salary  in  certain  counties  1693,  1695, 

7606. 

Jailer,  to  appoint  1646,  7605,  7615. 
Jury,  civil  trial,  to  have  charge  of  5208. 

Criminal  trial,   to  have  charge  of  7192, 
7201,  7488. 

Provide  food  and  lodging  for  4942,  5208, 
5213,  7205. 

To  summon,  return  on  venire  4930,  4939. 
Leave  of  absence  1566-1568. 
Liability,  when  fees  not  paid  1659. 
License,  auditor  to  furnish  blanks  3740. 

Glove  contest  3882. 

Revoked,  failure  to  enforce  3871. 

Sale  of  personal  property  to  secure  pay- 
ment for  3742. 

License  collected,  list  to  be  posted,  state- 
ment furnished  commissioners  1661. 
License  collector,  duties  and  powers  as  3727, 
3746. 

Fee  of  3745. 

Settlement  with  auditor  3740,  3741. 

Sheep  license,  duties,  fees  3770, 3772,  3773. 
Mileage    and    expenses     for    transporting 

prisoners  7606. 

Mileage  and  expenses  for  transporting  con- 
victs, certified  by  warden  7565. 
Mileage,  how  computed  2037,  2040. 
Militia,  may  control,  when  2839,  2840,  3982, 

4058. 

Mortgaged  property,  in  two  or  more  coun- 
ties, sale,  how  made  5501. 
Neglect  in  executing  writ,  liability  1651-1652. 
Nuisances  in  town,  abatement  920. 
Oath  of  office  1644. 

Office  and  office  hours  1564,  1565,  1653. 
Ormsby  County,  bailiff  supreme  court  4888. 


2567 


INDEX 


Speaker  of  assembly 


Sheriff — continued. 
Party  to  action,  other  party  arrested  and 

detained,  how  5497. 
Peace  to  preserve  1647. 
Policemen  of  towns,  appointment  of  903. 
Power  of  county,  may  demand,  when  2833, 

2840,  5132. 

Powers  after  term  1656. 
Practice  law  prohibited  1646. 
Predecessor,  deed,  may  execute    for   land 

sold  by  1662,  1663. 
Prisoners,  guard  to  have  7621. 

Permitting  escape  of,  liability  1657. 

Punishments  of,  record  to  keep  7620. 

Refusal  to  receive,  penalty  2820. 

Removal  of,  when  7612. 

To  bring  before  court  on  order  7I">1'1 

To  report  on  to  commissioners  7608,  7620. 
Process,  how  executed  1648-1650.    See  Civil 

Practice. 
Public  service  commission,  subpenas  for, 

to  serve  45: 12. 

Pure  food  law,  agent  to  enforce  3498-3500. 
Railroad  commission  act,  process  to  serve 

4566. 
Redemption  of  real  property  sold  under  exe- 

ruti.m  5:5.12.  5303. 
Refusal  to  aid,  penalty  6361. 
Removal  or  suspension,  successor  pending 

charges  :>>75:;. 
Report    as    to    prisoners,    neglect,   penalty 

7  60S,  7620. 

lift  urn.  not  to  charge  for  2041 . 
Rewards,  not  eligible  for,  when  3905. 
Sale  under  execution,  not  to  purchase  at, 

duties  1655,  2828,  5292,  5296,  5301. 
Settlements  as  to  revenue  .">7">l. 
Service  on,  how  made  1660. 
Sheep  licenses,  duties  as  to,  fees  3770,  3773. 
Sheriff  sale,  not  to  become   purchaser   at 

1655. 

State  detectives,  to  deliver  prisoners  to  4302. 
State  liquor  license,  collector  of  377(.». 
State   prison,   allowance    for   transporting 

convicts  to  7591,  7592. 
State  prison,  may  inspect  books  of  7575. 
Subpena,  on  concealed  witness,  how  served 

5434. 

Successor,  may  execute  deed  for  tax  or  exe- 
cution sale  1662,  1663. 

Summons,  service  of  5016,  5022,  5032,  5033. 
Sureties,    liable    for    failure    to  pay    over 

money  1652. 

Table  of  fees,  to  post  2025. 
Term  expired,  powers  after  1656. 
Telegraph,    service   of    papers    and    writs 

received  by  5371. 

Unlawful  fees,  taking  of,  penalty  2024. 
U.  S.  prisoners  to  receive,  liability  for  7610. 
Veterinarian,  duty  to  assist  4380,  4384. 
Wages,  preferred  claim,  to  pay  over  5494. 
Warden  of  prison,  to  certify*  mileage  and 

expenses,  when  7565. 

Warrant  of  arrest.     See  Criminal  Practice. 
Witness,  disobedience  of,  warrant  of  arrest 

for,  to  serve  5440,  5441. 
Writ  of  attachment  or  execution,  liability 

to  creditor  1651,  1652. 
Sidewalks,  riding  or  driving  on  6773. 
Signals  for  vessels  or  railways,  interference 
with  or  exhibiting  false  6750. 


Signals  in  mines,  official  code  of  4236. 
Signature  books  for  elections  1731. 
Signature  by  mark,  witnessed,  how  3913,  5475, 

715  7,  7458. 

"Signature"  defined  6294(7). 
Signature  of  makers  of  note  or    instrument 

admitted  in  justice's  court  unless  denied  in 

verified  answer  5770. 
Signboards  forbidding  hunting,  interference 

with  6768. 

Signboards  on  highways,  failure  to  erect,  de- 
facing or  destroying  3028.    See  Public  High- 
ways. 
Sister,  when  entitled  to  damages  for  death  by 

wrongful  act  564S. 
Sites    for    electric    light   and    power   plant, 

eminent  domain  exercised  for  5606. 
Slander.     See  Civil  Practice,  Criminal  Prac- 
tice, Libel. 

Action  for  5073,  5074. 

How  pleaded,  proof  5073. 

Limitation  of  action  for  4967. 

Of  woman,  penalty  6434-6436. 

Truth  may  be  given  in  evidence  5074. 
Slaughterhouses,  city  may  control   location 
7'.  M(54). 

Owner    failing   to    keep    book   containing 

record  of  marks  and  brands  6641. 
Slaughtering  animals  without  having  or  ex- 
amining hide  containing  marks  or  brands 

8641. 

Slavery,  prohibited  183,  228,  246,  6S47-6S50. 
Sleeping-car  company,  railroad  commission 

may  fix  rates  4555,  4560,  4562. 
Smelters,  eminent  domain,  may  exercise  5606. 
Smelters  or  reduction  mills,  hours  of  labor 

in,  eight  hours  6555,6556. 
Smoke,  eminent  domain   may  be  exercised 

for  disposition  of  5606. 
Smoke  helmets  for  mines  4237. 
Smoking  in  prohibited  places,  penalty  6578. 
Snipe,  closed  season  for  2089. 
Soap    factories,   city    may   control    location 

794(54). 
Societies,  certain,  court  may  order   sale  of 

property  of  1369. 

Sodomy,  defined,  assault  with  intent  to  com- 
mit, trial,  proof  6413,  6459,  7171. 
Soldiers    and    sailors,   funeral    expenses    of 
indigent,  how  paid  3915. 

Homestead  entries  by  3129. 

May  vote  252. 

Naturalization  2506. 

Not  to  be  quartered  on  people  173,  241. 

Pension  fees,  no  charge  for  3914. 

Poll  tax,  not  to  be  exacted  of  252. 

Spanish  war  claims  against  United  States, 

board  examiners  to  aid  4478-4480. 
Sole  trader,  wife  may  act  as  2190-2194.     See 

Husband  and  Wife. 

Soliciting  elector  to  show  ballot,  penalty  1862. 
Soliciting  jury  duty,  penalty  6326. 
Song  birds,  unlawful  to  kill,  or  destroy  eggs 

of  6812. 

Sound  mind,  who  considered  of  6269. 
Spanish  war  veterans,  claims  against  United 

States,  board  of  examiners  to  aid  collection 

4478-4480. 
Speaker  of  assembly,  election  of,  extra  per 

diem  1758,291. 


Special  administrator 


INDEX 


2568 


Special  administrator  5926-5932.     See  Estates 

of  Deceased  Persons. 
Special  city  election  801. 
Special  election  to  fill  vacancy  in  assembly  2797. 
Special  grand  jury  7016-7019.    See  Grand  Jury. 
Special  issues,  when  may  be  tried  by  jury  4945. 
Special  legislation,  restrictions  278,  279,  338. 
Special  or  local  laws  in  certain  enumerated 

cases,  invalid,  when  278,  279. 
Special  session  of  the  legislature,  called  how, 

when,  by  whom  260,  287,  302. 
Special  tax  levied,  how  3620. 
Special  taxes  for  school  and  territorial  debt 

358,  408. 

Special  verdict,  defined,  when  required,  in- 
consistent with  general  5221,  5222. 
Specific  performance  of  contract  of  decedent 

6032,  6033,  6147. 

Specific  performance  of  contracts  1073. 
Specifications  of  error,  reviewed  on  appeal 

5340. 
Specimen  cabinets,  exempt  from  execution 

5822-5824. 

Speech,  freedom  of  guaranteed  171,  238. 
Spring  gun,  setting  of  6567. 
Squirrels,  extermination  of  455. 
Staff,  noncommissioned  to  consist  of  4030. 
Of  adjutant-general  4005. 
Of  battalion,  to  consist  of  4029. 
Of  brigadier  4005. 
Of  governor  4004. 
Of  major-general  4005. 
Stallions,  forbidden  to  run  at  large  2252. 
Standard  of  water  measure  4677.     See  Water 

4672-4791. 
Standing  army  not  to  be  maintained  by  state 

in  time  of  peace  240. 

State  (constitutional  provisions,  State    Con- 
stitution) : 

All  claims  against  to  be  examined  by  board 
of  examiners ,  except  salaries  or  fixed  com- 
pensation of  officers  314. 
Became  liable  for   indebtedness    of    terri- 
tory 391. 

Bringing  pauper  into,  penalty  2928. 
Contract   or   indebtedness  assumed  when 
liabilities  exceed  $300,000  shall  be  void, 
exception  350. 
Indebtedness  or  liability  to,  local  or  special 

law  releasing,  invalid  278. 
May  contract  debts,  purposes  to  be  speci- 
fied, not  to  exceed  $300,000,  exceptions, 
provision  for  payment  required  350. 
Not  to  assume  debts  of  county,  town,  city 
or   corporation    unless  created  to  repel 
invasion,  suppress  insurrection,    or    for 
public  defense  351. 

Not  to  donate  or  loan  money  or  credit  or  be 
interested  in  stock  of  company,  associa- 
tion or  corporation,   except  for  educa- 
tional or  charitable  purposes  346. 
Not  to  maintain  standing  army  in  time  of 

peace  240. 

Not  to  tax  United  States  property  228. 
Peace  or  safety  not  to  be  endangered  by 

religious  profession  or  \vorship  233. 
Prosecutions  conducted  in  name  of  328. 
Provision  may  be  made  by  general  law  for 

bringing  action  against  280. 
Rights  of  Territory  of  Nevada  transferred 
to  385,  387,  388, 


State — continued. 

Seal  of  4402,  4403. 

When  claim  against  not  to  be  passed  upon 
by  legislature  without  being  acted  upon 
by  board  of  examiners  314. 
State  (constitutional  provisions,  U.  S.  Consti- 
tution): 

Bound  to  respect,  supreme  law  of  land  168. 

Boundaries,  not  to  be  changed  with  out  con- 
sent 163. 

Cannot  abridge  privileges  or  immunities  of 
citizens,  or  deny  equal  protection  of  law 
185. 

Contracts,  law  impairing,  not  to  pass  137. 

Debt  of,  incurred  in  insurrection,  void  188. 

Domestic  violence  in,  suppression  of  165. 

Full  faith  and  credit  to  give  to  acts  of  Con- 
gress and  other  states  159. 

Guaranteed  republican  form  of  government 
165. 

New,  admission  of  163. 

Not  to  be  deprived  of  equal  representation 
in  senate  166. 

Powers,  reserved  to  180. 

Prohibited  from  doing  certain  acts  137. 

Protected  from  invasion  165. 

Eestrictions  on,  without  consent  of  Con- 
gress 138,  139. 

Suits  by  individuals  against,  cognizable  by 

state  courts  181. 
State.     See  Civil  Practice,  different  officers. 

Action  against,  procedure  5653-5655. 

Action  by  or  against,  bond  not  required  of 
5487. 

Action  by,  limitations  4949,  4950,  4971. 

Action  in  quo  warranto  in  name  of  5656, 
5657,  5660. 

Action  to  determine  adverse  claim,  when 
not  bound  by  judgment  5524. 

Attorney-general  to  bring  action  or  defend 
for  5064,  5654. 

Collateral  attack  on  due  incorporation  of 
company,  when  may  make  1154. 

Contract,  may  have  declared  void  if  official 
interested  in  2829. 

Eminent  domain  may  be  exercised  for  5606. 

Fiscal  agent  of  any,  any  bank  or  corpora- 
tion may  be  1119. 

Records  of  other,  how  authenticated  526- 

529. 
State    agricultural    experiment   station  456- 

464,  469,  475.    See  Agricultural  Experiment 

Station. 

State  agricultural  society,  additional  members 
of  board  created  3932. 

Debt  may  be  incurred,  limitation  of  3920. 

Governor  to  appoint  board  of  control  3922. 

Incorporated,  powers  3916,  3917. 

Members,  may  vote  by  proxy  3919. 

Membership  319. 

Officers,  to  consist  of  3918. 
Board  of  managers  3918. 
How  elected  3918. 
Vacancies,  how  filled  3918. 

Place  of  meeting  3919. 

Reports,  to  receive  from  other  associations 
3929. 

Reports,  blanks  to  be  furnished  3930. 

State  institution  3921. 

State  board,  vacancies,  how  filled  3922. 
Debts,  state  not  liable  for  3925. 


2569 


INDEX 


State  controller 


State  agricultural  society — continued. 
State  board,  duties  of "8923. 
May  appoint  marshals  and  police,  when 


Members,  classification  of  391*4,  :>9:>2. 
Powers  of  392"). 
Term  of  office  3923. 

To  collect  and  disseminate  information 
3927. 

State  printer,  to  furnish  reports  3928. 

Secretary,  to  report  to  governor  3931. 
State  armory  building,  custodian  of  3933. 
State  auditor,  accountant  to  be  4150. 

Duty  of  4151. 

Expenses,  how  paid  4149. 

Governor  may  appoint  414S. 

Inspection,  refusal  to  permit,  penalty  4152. 

Oaths,  may  administer  41-Vj. 

Office  of  4i:.:i. 

Office  open  to  inspection  4154. 

Records  left  with    state   controller,  when 
4153. 

Record  to  keep  41  ">:'.. 

Reports  to  make  4151. 

Salary  of  4149. 

Term  of  office  4148. 

Thorough  accountant,  to  be  4150. 
State  banks,  notes  of,  not  to  circulale  as  cur- 
rency 34.".. 
State  hoard  of  bank  commissioners  664.     See 

Banks  and  Banking. 
State   board  of  capitol   commissioners  4411- 

4426.    See  Board  of  Capitol  Commissioners. 
State  board  of  commissioners  for  insane  365, 

2198-2209.     See  Insane  (Const.)  365,  2195- 

2212. 
State  board  county  assessors  3797-3812.     See 

Revenue  3617-3904. 
Stan-  board  dental  examiners  4  12 /  -4  1 14.   See 

Board  Dental  Examiners. 
State  board  education  3239-3242.    See  Public 

Schools. 
State   board    of   embalmers  4445-4454.     See 

Board  of  Embalmers. 

State    board    of   examiners   4455-4481.     See 
Board  Examiners. 

Failure  to  order  examination  of  accounts 
2858,  2859. 

Presenting  fraudulent  claim  to  6715. 
State    board    fish    commissioners    4482-4485. 

See  Fish  Commissioners. 
State  board  of  health  2952-2980.     See  Public 

Health  2952-3003. 
State  board   irrigation  4692-4694,  4706.     See 

Water. 
State  board  of  medical  examiners  2358-2374. 

See  Medicine,  Surgery,  Obstetrics. 
State  board  orphans'    home  directors  4089- 

4108.     See  State  Orphans'  Home. 
State    board    of    pharmacy   4495-4514.     See 

Board  Pharmacy. 
State  board  of  prison  commissioners  314,  7561- 

7599.     See  State  Prison. 
State  boundary,  description  of  368. 

Surveyor-general  may  be  required  to  sur- 
vey 4348. 

Western  line  defined  3934. 
State    bureau    of    agriculture,  industry    and 

irrigation  4486-4494.     See  Bureau  Agricul- 
ture, Industry  and  Irrigation. 


State  capitol  building,  liquors  in  prohibited 

6505. 

State  capitol  grounds,  defacement  or  obstruc- 
tion of  6774. 

State  central  committees  of  political  parties, 
organized  how,  when  and  where  1760.     See 
Elections. 
State  constitution  226-427.     See  Constitution 

of  State. 

State  controller.     See  Officers  Generally,  In- 
surance Companies  under  Corporations, 

Revenue. 

Accounts,  against  persons  failing  to  settle, 
to  state  4161. 

Amount,  to  certify  to  4157. 

Damages  and  interest,  to  add,  when  4161. 

Debtor,  how  discharged  4173. 

Debtor,  to  deliver  receipt  to  4173. 

Of  county  treasurers,  to  examine  4157. 

Orders  for  payment  to  treasurer,  to  issue 
4173. 

Settlement  and  payment  of  4173. 

Treasurer,  how  charged  4174. 

Treasurer  to  be  charged  with  amount  4173. 

To  be  kept  4172. 

To  enforce  payment  4172. 

To  keep  4157. 

To  keep  with  treasurer  4174. 

Treasurer  to  receipt  to  4173. 
Actions  by  or  against  state,  duties  5654. 
Age  qualifications  2766. 
Annual  report,  county  revenues  3835. 
Annual  statements  of  insurance  companies, 

abstract,  to  publish  1329. 
Applications    for    state    land    certified   to 

3200,  3201. 

Appointee,  bond  of  4169. 
Appointee,  salary  of  4169. 
Appropriations,  accounts  with  all  to  keep 

4159. 

Assessors,  auditors  and  collectors,  to  fur- 
nish  with  blanks  and  books  3682,  3683, 

3710,  4177. 

Assessors,  duty  to  notify  of  tax  rate  3804. 
Attorney-general  in  ay  direct  to  bring  actions 

3685,  4160,  4162. 

Audit  and  allowance  of  claims  4158,  4459. 
Auditors,   fiscal  statements  to  furnish  to 
1584,  3642,  3649,  3697,  3725,  3746,  3750, 
3806. 

Of  county,  suits  against,  to  control,  when 
3685. 

Report  of,  to  file,  how  and  when  3748. 

To  notify  of  tax  rate  3804. 

Unusued  blanks,  to  return  3686. 
Blanks  and  books  for  assessors  and  col- 
lectors, to  furnish  4177. 
Board  of  capitol  commissioners,  member 

of  4411. 

Board  of  commissioners  for  insane,  mem- 
ber of  2198. 
Board  of  education  to  report  to,  quarterly 

3387. 

Board  of  education  to  report  to,  on  securi- 
ties 3383. 
Board  of  printing  commissioners,  member 

of  4328. 

Bond,  conditions  of  4155. 
Books,  records,  and  other  property,  to  keep 

4166. 


State  controller 


INDEX 


2570 


State  controller — continued. 
Books,  records,  to  permit  examination  of 

4457. 

Bounties  for  artesian  wells,  to  pay  711-717. 
Building    and    loan    associations,    foreign, 

license,  reports,  examination    1356-1359. 
City  auditors  to  report  to  982. 
Claims,  audit  and  allowance  of  4158,  4459. 
Claims,  deficiency,  duty  as  to  4467. 
Claims,  not  to  draw  warrant  for,  when  4459. 
Claims,  renewal  of  4183. 
Claims,  to  audit  and  allow  4158. 
Clerk,  authorized  to  employ  4188. 
Clerk,  compensation  4188,4398. 
Collection  of  moneys,  to  superintend  4156, 

4160. 

Constitutional  provisions  312,  380. 
County  auditors  and  assessors,  to  notify  of 

tax  rate  3804. 
County  auditors,  certain  fiscal  reports,  to 

make  to  1584,  3642,  3649,  3697,  3725,  3746, 

3750,  3806. 
County  auditors,  suits  against,  to  control 

3685. 
County  finances,  report  to,  from  auditor 

3750. 

County  revenues,  annual  report  3835. 
County  revenue  officers,  to    furnish    with 

supplies  3682,  3683,  3710,  4177. 
Counties,  to  charge  with  military  property 

4045. 

Deficiency  claims,  duty  as  to  4467. 
Delinquent  tax  list,  to  receive,  when  3649. 
Deputy,  authorized  to  appoint  4179. 
Deputy  cannot  sign  warrants  4179. 
Deputy,  powers  of  4179. 
Deputy,  salary  of  4397,  4398. 
Drafts,  warrants  and  papers,  to  authenti- 
cate 4171. 
Drawing  warrant  for  clerical  work  without 

appropriation  6661,  6662. 
Election  of  2765,  2773,  2774. 
Ex  officio  insurance  commissioner  1266- 

1329,  4188. 
Fee  or  salary  of  public  officer  garnished, 

may  pay  into  court  2865. 
Fire  insurance  fund,  audited  and  paid  as 
other  claims  4182. 

Creation  of  4180. 

Limitation  4181. 

Money  received  from  to  be  paid  into  4180. 

Money  used  for  repair  of  destroyed  prop- 
erty, to  be  taken  from  4181. 

Who  may  expend  4181. 
Fiscal     affairs    of    state,    to    recommend 

improvement  4156. 
Foreign    building    and    loan    associations, 

license,    reports,   examination    of    1356, 

1357,  1359. 

How  commissioned  4154. 
Information  to  legislature,  to  give  4167. 
Insane,  board  of  commissioners  for,  mem- 
ber of  2198. 
Insurance  commissioner,  ex  officio,  duties 

1266-1329. 
Insurance    companies,  abstract  of  annual 

statements,  to  publish  1329. 
Insurance  companies,  statements  of,  to  fur- 
nish 1295. 

Leave  of  absence  4154. 
Legislative  chaplain,  warrant,  to  draw  4119. 


State  controller — continued. 

Legislative  officers,  warrants,  to  draw  4117. 
Library,  janitor  and  engineer,  warrants,  to 

draw  3964. 
License  collections,  report  to,  from  auditor 

3746. 
Liquor  license,  state,  duties  as  to  3778,  3781, 

3782. 
May  instruct  district  attorney  to  bring  suit 

against  assessor  for  failure  to  make  set- 
tlement for  taxes  3704. 

Military  property,  to  charge  to  counties  4045. 
Mines,  tax  on,  report  to,  from  auditor  3697. 
Misfeasance  or  wilful  neglect  of  duty,  pen- 
alty for  4170. 

Money  drawn,  receipt,  form  of  4175. 
Money  from  treasury,  how  drawn  4175. 
Monthly  report  of  treasurer  4365. 
Mutual  fire  insurance  company,  duty  as  to 

1299,  1320.     See  Corporations. 
Normal  training-school  teacher,  salary  to 

set  aside,  when  3429. 
Office  at  capitol  (Const.  380)  2774,  4154. 
Office  hours  4178. 
Official  bond,  to  give  4155. 
Orders  on  the  treasury,  duties  respecting 

4176. 

Orphans'  home,  warrants  to  draw  4091. 
Orphan  school  expenses,  warrant  to  draw 

4108. 

Other  duties  4167. 
Particular  fund  to  express  4159. 
Printing,  unauthorized,  not    to  draw  war- 
rant for  4324. 
Printing  commissioners,  member  of  board 

of  4328. 
Public  schools,  warrants  for,  to  draw,  when 

3334,  3384,  3387. 
Purchasing    or    selling    warrants,  scrip    or 

claims,  penalty  2824-2826. 
Railroads,  to  transmit  plats  to  3531. 
Receipts,  loss  of,  relief  from  state  4186. 

Lost,  affidavits  to  be  furnished  4186. 

Lost,  false  affidavits,  penalty  4187. 

Number  and  year  to  correspond  4176. 

To  number  4176. 
Recommend  improvement  in  fiscal  affairs 

4156. 

Renewed  claims,  how  paid  4185. 
Report,  original  draft  to  send  to  governor, 

when  2929. 

Report  statistics  to  legislature  1588. 
Reports  to,  by  city  auditors  982. 

By  county  auditors  1584,  3806. 

By  treasurer,  monthly  4365. 
Revenue  officers,  to  furnish  supplies  3682, 

3683,  3710,  4177. 
Salary  of  4394. 

Salary  of  judges,  to  pay,  when  4887. 
School    officials,    financial    statements    to 

furnish  to  3382-3387. 
Seal  of  office,  secretary  of  state,  to  procure 

4171. 
State  auditor  to  leave  records  with,  when 

4153. 
State  board  of  education  to  report  to,  what 

3383,  3387. 
State  land,  applications  for,  certified  to  3200, 

3201. 
State  liquor  license,  duties  as  to  3778,  3781, 

3782. 


2571 


INDEX 


State  engineer 


State  controller  —  con  tinned. 

State  militia,  settlement  with  counties  con- 

cerning 4045. 

State  prison,  report  to  be  made  to,  of  arti- 
cles manufactured  or  sold  and  money 
received  757:;,  T.'iSS.  75X«>. 
Ilojul    work    of    convicts,    warrants,    to 

draw  for  expense  7590. 
Transportation  of  convicts,  warrant,  to 

dra\v  for  expense  7r>'.)<!. 
I".   S.  convicts  at.  expense  of,  to  be  re- 

ported to  7577. 
State  treasurer,  monthly  reports  from,  to 

receive  -I.",*;.-,. 
Statistical    reports,    auditors    to   make   to 

1584. 

Suits,  costs,  party  subject  to,  when  41»U. 
Costs,  person  subject  to.  when  4165. 
Deceased  debtor  4164. 
F«»r  indebtedness,   to  direct   prosecution 

of  4i»;i>. 

For  money  to  direct  prosecution  of  4160. 
I'rima    facie   evidence,   copy   of  account 

4163. 
To     direct     attorney-general     to     bring, 

when  :i<is5.  I  n;<>.  4H52. 

Summons    to    be    served    upon     in    action 
airainst    state   for   services  or  advances 
authori/ed  by  law  .">»•,."»::. 
Superintendent    of    public    instruction,    to 

render  statement    to  .",.",s.",. 
Surety  company,  to  be  appointed  attorney 

for  <;•.»<;. 
Surveyor-general,  transfers  for.  to  make 

1350. 

Tax  rate,  notice  of  to  give  :;snj. 
Term  of  oilice  J774. 
Treasurs-.   money  drawn    from,   how  4175. 

4.-J70.  4:572. 

To  draw  all  warrants  -J15!>. 
To  draw  warrant  for  amount  of  judgment 
airaiust  state  on  presentation  of  certified 
copy  5655. 
To  draw  warrants  on  state  treasurer,  when 


To  notify  state  board  of  education,  quar- 

terly :«87. 
To  persons  authorized  by  law,  books  and 

papers  to  be  open  to  inspection  4168. 
To  recommend  plans  for  fiscal   improve- 

ment of  state  4156. 
To  render  statement  to  superintendent  of 

public  instruction,  when  3383. 
To  report  to  4156. 
To  report  on  securities  to  state  board  of 

education,  when  3383. 
To   set    aside   money   for   salary   normal 

training-school  teacher,  when  3429(2). 
To  summon  witnesses  and  may  appeal  in 

actions  against  the  state  for  services  or 

advances  authorized  by  law  5654. 
Transfers  for,   surveyor-general   to  make 

4359. 

Treasurer  to  report  to,  monthly  4365. 
Typist,  compensation  4188,  4398. 
Unexhausted    appropriation,    must    be   to 

draw  warrant  4159. 
United  States  convicts,  expense  of  keep- 

ing at  prison,  to  be  certified  to  7577. 
Unpaid  warrants,  concealed,  when  4183. 


State  controller — continued. 

Vacancy  of,  to  be  filled,  bow  4169. 

Warrants,  canceled,  funds,  treasurer  to 
transfer  41S5. 

Warrants,  canceled,  noted  on  register  4184. 

Warrants,  canceled,  to  be  certified  to  4184. 

Warrants,  canceled,  treasurer  not  to  pay 
11X1. 

Warrants,  old  unpaid,  canceled,  legisla- 
ture to  allow  as  deficiency  41  s:;. 

Warrants,  to  draw  4117. 

Warrants,  to  draw  on  treasurer  41.~»S. 

Warrants,  scrip  or  claims  not  to  purchase 
or  sell  2S2I-2S26. 

When  action  may  be  brought  on  claim  re- 
jected by  5653. 

Witnesses  and  documentary  evidence,  may 

examine  415S. 

State     detectives,     appointments,     governor 
may  revoke   \:\(r.\. 

I'.ond.  to  give  4300. 

Complaint,  to  enter  4.",oi\ 

Delivery  to  sheriff   K',02. 

Fees  from  state  or  county,  not  to  receive 
4304. 

Governor  may  appoint  five  4299. 

Powers  of  i:;ni. 

Howards,  may  receive  4.".<M. 

Term  of  oilice   Jl)(.>'.>. 
State  enabling  act,  2O9-220. 
State  employees,  leave  of  absence   MO'J. 
State  engineer.      See  Water. 

Appoint  assistants,  when,  salary  of,  du- 
ties 4IJS2. 

( 'onvicts.  road  work,  supervision  over  7(501. 

Cooperate  with  secretary  of  interior,  how, 
when  46S1. 

File  report  on  plans  irrigation  district 
submit  led  to  him.  how.  when  4745. 

Furnish  plans  to  users  for  headgates, 
weirs,  how.  when  4707. 

Issue  certificate  right  to  appropriate  to 
applicants,  when  4703. 

Issue  certificate  to  appropriators  and 
county  recorders  to  record  same,  when 
4689. 

Issue  certified  copies  records  to  whom  4699. 

.Made  defendant  by  applicant,  how,  when 
4701. 

Make  measurement,  plat  of  ditches  and 
irrigable  lands,  when  4688. 

Make  reports  to  whom,  when  4684. 

May  install  headgates  and  weirs,  if  users 
do  not,  when  4708. 

Member  and  secretary  state  board  irriga- 
tion 4692,  4706. 

Member  of  bureau  of  industry,  agriculture 
and  irrigation  4486. 

Office  of,  created,  salary,  duties,  qualifica- 
tions 4679. 

Prepare  list  appropriators  each  stream 
4685. 

Provided  map  irrigation  district  by  whom, 
how,  when  4747. 

Report  county  commissioners  feasibility 
of  consolidating  irrigation  districts, 
when  4786. 

Report  plans  and  recommendations  to 
irrigation  district  officers,  when  4742. 

Road  work  by  convicts,  supervision  over 
7601 . 


State  engineer 


INDEX 


2572 


State  engineer — continued. 
Rules  of,  relative  to  water,  note  to  7688. 
Seal,  provided  how,  contain  what  4700. 
With  land  register  to  examine  state  lands 
within    irrigation    project,    how,    when 
4787. 

State  exhibits.     See  Exhibits. 
State    fish    commissioners    4482-4485.     See 

Fish. 

State  fish  hatchery  4484-4485. 
State  flag  3353. 

State  funds  not  to  be  used  for  sectarian  pur- 
poses 362. 
State  hygienic  laboratory,  diagnosis,  to  be 

free  3941. 
Director  and  assistant,  appointment,  and 

qualifications  3994. 
Director,    examinations    and    research   to 

make  3944. 

Equipment,  regents  to  purchase  3942. 
Examinations,  wno  may  require  3944. 
Infectious  diseases,  to  report  on  3944. 
Located  at  university  3941. 
Publication  of  reports  and  bulletins  3945. 
Purpose  of  3941. 
Regents  to  appoint  director  and  assistant 

3943. 

Report  and  bulletins,  to  publish  3945. 
State    inspector    of   mines   4198-4239.      See 

Mining  Inspector. 

State  institutions,  for  insane,  blind,  deaf 
and'  dumb,  to  be  fostered  and  supported 
by  the  state  365. 

State  land.     See  Public  Lands  3179-3226. 
Contests  concerning,  district  court  to  de- 
termine, court  rule  xliv,  p.  1431,  3208. 
Cutting  timber  on,  penalty  2116. 
Mines  discovered  on,  may  be  worked  3226. 
Patent  of,   when   admissible   in  evidence 

5415. 
Reservation   of   minerals   in   patents   for 

2456,  2457.  • 
Reservation  of  right  of  way   in  patents 

for  3108. 

Sale  of  3196-3226. 
State  land  office  and  register  3196-3216,  4787. 

See  Public  Lands,  Surveyor-General. 
State  land  office,  seal  of,  imports  verity  3213. 
State  land  register  3196-3216.     See  Surveyor- 
General. 
Bond  3196. 

Contract  for  sale  of  land,  terms  of  3203. 
Fees  for  selecting  and  advertising  land  3219. 
Member  of  board  to  determine  conflicting 

applications  to  purchase  land  3208. 
Office,  to  keep  at  capital  3196. 
Office  hours  3196. 
Papers,  plats,  etc.,  open  to  inspection,  no 

fee  3197. 

Seal,  to  use  3213. 
Surveyor-general,  ex  officio  3196. 
Township  plats,  register  to  procure,  cost  of, 

etc.  3197. 
Duties  of,  apply  to  U.  S.  land  office  for 

land  3200. 

Cancel  application,  when  3200. 
Certify  application  to  controller  3200,3201. 
Certify  conflicts  for  purchase  to  district 

court,  when  3208. 

Concerning  application  to  purchase  3199, 
3200,  3201,  3203. 


State  land  register,  duties— continued. 

Contracts  to  make,   conditions  of,   etc. 

3203. 

Contracts  may  be  renewed  3204,  3222. 
File  treasurer's  receipt  3200. 
Keep  record  of  contracts,  sales,  approv- 
als, etc.  3197. 
Must  select  land  3210. 
Notify  applicant  to  complete   purchase, 

letter  to  register  3205. 
Overdue  interest  on  contract,  to  receive, 

when  3203. 

Plats,  papers,  etc. ,  to  l:eep  open  to  inspec- 
tion 3197. 

Procure  township  plats  3397. 
Patents,  to  prepare, recordof,  to  keep  3211. 
Regarding  treasurer's  receipts,  issued  by 

E.  Rhoades  3207. 
Report    of    application     and    sales     to 

assessor,  time  for  3199. 
Sales  of  land,  how  made,  selected  lands, 

contract  for  3199-3203. 
Time  of  receipt  to  be  endorsed  on  appli- 
cation 3200. 
Withdrawn  selections,  when  erroneously 

made  3212. 

State  library,  assistant  librarian,  salary  3960. 
Books  and  documents  to  be  preserved  in 

3946. 

Failure  to  return,  penalty  3950. 
Purchase,   law    books    have    preference 

3956. 

Taken  out,  by  whom  3948. 
Taken  out,  how  long  retained  3949. 
Taken  out,  limited  3948. 
Bond  of  librarian  3957,  4252. 
Building,  heating,  janitor  service  3962-3964. 
Clerk  in,  salary  of  4401. 
Copyright   on    state    publications,   charge 

against  fund  4308. 
Duplicates,  sale  of  3961. 
Duplicates,  to  university,  when  3961. 
Examiners  to  approve  claims  3956. 
Fees,  secretary  of  state  to  render  account 

of  3952. 
Fund,  fee  for  admission  of  attorney  to  go 

into  500,  2006,  3953. 

Fee  for  commissions  to  go  into  1004,  2745. 
Fees  for  notary  public  commissions  to  go 

into  3952. 

Fees  of  governor '  s  secretary  to  go  into  4191 . 
Fees  of  secretary  of  state's  office  go  into, 

to  constitute  part  of  3952,  4260. 
Surplus  annually  distributed  to  general 

and  school  3952. 
Injury  to  property  of  3950. 
Janitor  of  building  3962-3964. 
Law  books  have  preference  3956. 
Librarian,  to  bring  suit,  when  3951. 
Duties  of  3947. 
Expenses,  to  contract  3956. 
Office  hours  3954. 
Official  bond  3958,  4252. 
Penalty  for  injuring  books,  how  recov- 
ered 3951. 

Register,  to  be  kept  3949. 
Report,  to  make  3947-3957,  4268. 
Secretary  of  state  to  be  ex  officio  3947. 
Supreme  court,  receipt  to  3959. 
To  appoint  assistant  3960. 
To  receipt  to  supreme  court  3959. 


2573 


INDEX 


State  militia 


State  liquor  licenses  3777-3785.    See  Revenue. 

Violation  of  act  concerning,  penalty  3784. 

State  license  and  bullion  tax  agent  4240-4248. 

Assessor's   books,    refusal    of   inspection, 

penalty  4245. 

Bond,  examiners  to  approve  4248. 
Books  and  records  of  mining  companies, 

inspection  of,  report  to  4244. 
Books,  inspection  of,  refusal,  penalty  4243. 
Duties  of  4241. 

Expenses,  amount,  how  paid  4247,  4240. 
Governor  to  appoint  4240. 
Inspection  of  books,  refusal  to  allow,  pen- 
alty 4243. 
Mine  owners,  books,  refusal  of  inspection, 

penalty  4246. 

Mine  owners,  to  furnish  information,  re- 
fusal, penalty  4246. 

Mining  companies'  books,  may  inspect  4244. 
Oath  and  bond  of  4248. 
Reports  to  make  424 1 . 
Salary  and  expenses,  amount,  how    paid 

4240.     • 
To  visit  all  counties  and  demand  books  of 

state  and  county  officers  4242. 
State  mineralogist,  information  to  furnish,  if 

created  4147. 
Office  of,  abolished  4344. 
State  militia  3965-4086. 
Adjutant-general,  aide-de-camp  of,  to  rank 
as  colonel  4023. 

Assistants,  to  appoint  3993. 

Bond  of  3996. 

Chief  of  governor's  staff  3993. 

Chief  of  ordnance  3993. 

Commissary-general  3993. 

Commissions,  to  attend  3967. 

Duties  and  rank  of,  ex  officio  offices  3993- 
3995. 

Governor  to  appoint,  when  4039. 

Inspector-general  3993. 

Lieutenant-governor,  ex  officio  4250. 

Mileage  of  3992. 

Militia,  annual  drill,  to  call  out  for  4022. 

Must  verify  records  4080. 

Property,  duty  as  to  4040,  4043. 

Quartermaster-general  3993. 

Rank  of  brigadier-general  on  governor's 
staff  3993,  4004. 

Records  certified  to,  evidence  4081. 

Staff  of  4005. 

To  receipt  for  property  4043. 
Age  and  qualifications  for  membership  4032. 
Aide-de-camp  to  adjutant-general  rank  as 

colonel  4023. 

Armory,  how  provided  4033. 
Arms,  application  for,  district  judge  must 
approve  4042. 

Application  for,  to  be  filed  with  county 
clerk  4042. 

Bond  for,  to  be  given  by  officer  4048. 

Bonds  given  to  secure  4042. 

Damages  to  be  repaired  4044. 

Penalty  for  unlawful  use  of  4048. 

Procedure  to  secure  4042. 

Subject  to  inspection  4044. 

To  whom  and  how  issued,  exception  4047. 

Transportation  of,  expenses  4046. 

Unlawful  use  of  4048. 
Battalion,  by-laws  of  4006. 

How  formed  4001. 

162 


State  militia — continued. 
Battalion,  national  guard  to  consist  of  one 
4027. 

Officers,  election  of,  notice  of  4001. 

Staff,  to  consist  of  4029. 

Temporary  organization  4085. 
Blank  cartridges,  not  to  fire  4058. 
Blank  commissions,  to  be  kept,  where  4056. 
Board    of   military  auditors,  powers,  seal 

4053-4055. 

Bond  of  adjutant-general  3996. 
Bravery  in  actual  service  recognized  3989. 
Brigade,  how  formed  4003. 
Brigadier-general,  staff  of  4005. 
By-laws  of  regiment  or  battalion  4006. 
Call  of  troops,  when  disapproved,  to  dis- 
band 3982. 

Call,  to  be  responded  to  3983. 
Called  out,  how  and  when  3982-3984. 
Candidates,  age  and  requirements  of  4032. 
Cashiered  officers,  not  to  hold  further  com- 
mission, exception  4066. 
Certain  words,  definition  of  3975. 
Certificate  of  honorable  service  4012. 
Chairman  board  of  county  commissioners 

may  call,  when  2835,  2839,  2840,  3982. 
Chief  of  governor's  staff  3993. 
Chief  of  ordnance  3993. 
Civil  officers,  entitled  to  fees,  liable  for  pen- 
alties 4079. 
Civil  officers,  may  control,  when  2839,  2840, 

3982,  4058. 

Civil  process,  exemption  from,  when  4081. 
Colonel,  aide-de-camp  to  adjutant-general 

to  rank  as  4023. 

Commander-in-chief,  absence  of,  who  may 
call  3982. 

May  disband  for  cause  4071. 

May  promulgate  rules  4009. 

May  suspend   enlistment   requirements, 
when  4014. 

Powers  of  4002. 

To  commission  officers  4000. 

To  name  permanent  offices  3988. 
Commanding  officer  of  company  to  furnish 

county  clerk  with  list  of  members  4074. 
Commissary-general  3993. 
Commissions  4069,  4070. 

Active  service,  termination  3989. 

Attested  by  secretary  of  state  3967. 

Blanks  to  be  kept,  where  4056. 

Commander-in-chief  to  issue  4000. 

Deemed  vacated,  when  4070. 

No  fee  for  3967. 

To  take  effect,  when  3969. 
Companies,  how  organized  3999,  4000. 
Companies   to   be   temporarily   organized 

into  battalion,  when  4085. 
Company,  to  consist  of  4031. 
Compensation  not  allowed,  when  4018. 
Constitutional  provisions  concerning    240, 

241,  363,  364. 

Congress,  power  over,  125,  126. 
County  clerk  to  report  unorganized  militia 

3981. 

County  commissioners,  duties  of,  may  com- 
mand, when  3982,  4033,  4058. 
Court-martial,    appointment,   powers    and 
procedure  4049. 

Fines,  disposition  of  4059. 

Fines  collectible  by  law  4059. 


State  militia 


INDEX 


2574 


State  militia — continued. 
Court-martial,  members  of,  exemption  from 
liability  4077. 

Not  affected  by  crimes  act  6299. 

Trial  for  disobedience  of  orders  3987. 
Courts  of  inquiry,  how  ordered,  rules  and 

powers  4078. 
Definition  of  words  3975. 
Disbanded,  effect  of  being  4071. 
Disbanded,   penalty  for  appearance  after 

4071. 

Discharges,  how  granted  4068. 
Discharge,  when  4012. 
Dismissal  from  service,  effect  4067. 
Disobedience    of    orders,    trial    by    court- 
martial  3987. 

Divisions  and  brigades  4057. 
Draft  made,  how  and  when  3986. 
Drafted  troops,  temporary  officers  of  3988. 
Drafting,  substitute  accepted,  when  4076. 
Drill,  annual,  governor  to  call  out  for  4022. 
Drill,  U.  S.  regulations  to  be  used  4019. 
Election  of  battalion  officers  4001. 
Encampment,  failure  to  attend  4038. 

Governor  to  order,  when  4036. 

Penalty  for  failure  to  attend  4038. 

To  be  held,  where  4037. 
Enlistment,  period  of  4015. 

Requirements,  suspension  of,  when  4014. 

Term  of  4010-4015. 

Enrolled  militia,  who  constitute  3966. 
Equipment,  exempt  from  execution  4086. 
Equipments,  members  responsible  for  4035. 
Equipments,  penalty  for  destruction  of  4035. 
Exempt  from  arrest  on  civil  process,  when 

4081. 

Exempt  from  jury  duty,  when  4016. 
Exemptions  from  duty  4041. 
Expenses,  how  paid  4033. 
False  list,  making,  penalty  for  4074. 
Falsely  claiming  exemption,  jury  duty,  pen- 
alty 4016. 

Fees,' civil  officers  4079. 
Fines,  collection  and  disposition  4059. 
Fines,  commander-in-chief  may  remit,  when 

4063. 
Governor,  adjutant- general  to  report  to  3995. 

Commander-in-chief    3967.     See    index, 
Commander-in-Chief. 

Commissions,  to  issue  3967. 

May  call  out  to  suppress  insurrection  or 
repel  invasion  364. 

Staff  of  4004. 

To  appoint  adjutant-general,  when  4039. 

To  call  out  for  annual  drill  4022. 

To    order,  military   encampment,  when 
4036. 

To  suspend,  when,  proceedings  3996. 
Honorable  discharge  4012. 
Informality  in  appointment,  effect  3971. 
Inspection  of  national  guard  3994. 
Instruction,  U.  S.  tactics  to  control  4073. 
Insulting  officer  or  members  4083. 
Jury  duty,  exemption  from  4016. 
Lieutenant-governor    ex    officio    adjutant- 
general  4250. 
Legislature  to  provide  for  (Nev.   Const.) 

363. 

May  be  called  out,  how  and  when  3982-3984. 
Major,  each  battalion  to  have  one  4028. 

Qualifications  of  4028. 


State  militia — continued. 
Major-general,  staff  of  4005. 
Mayor  of  any  city  may  call,  when  2835, 

2839,  2840,  3982. 
Member,  considered  discharged,  when  4062. 

Exempt  from  civil  process,  while  on  duty 
4081. 

May  be  discharged,  when  4012. 

Must  belong  to  but  one  company  4062. 

Removal  4062. 
Military  auditors,   board   of,  powers,  seal 

4053-4055. 

Military  auditors,  duties  of  4917. 
Military,  charges, how  assessed  and  collected 
4045. 

Duty,  exemptions  4041. 

Duty,  hours  of  4081. 

Duty,  who  liable  to  3998. 

Tribunals,  not  affected  by  crimes  act  6299. 
Militia  oaths,  to  be  kept  3972. 
Minors,  fines,  and  taxes  imposed  on  4063. 
Mob  or  unlawful  assemblage  disbursed  by 

4058. 

Moneys  accounted  for  3995. 
Music,  may  hire,  when  4075. 
Muster,  how  made  3979. 
Muster  rolls  of  divisions,  how  made  3980. 
Muster  rolls,  how  made  3980. 
Name,  company  to  adopt  4061. 
Name  of  state  militia  3965. 
National  guard,  to  consist  of  one  battalion 

4027. 

Necessary  to  state  (U.  S.  Const.)  172. 
Nevada  national  guard,  name  of  3965. 
Noncommissioned  staff,  to  consist  of  4030. 
Oath,  failure  to  take,  effect  3970. 
Oath,  form  of  3972. 
Obstructing  4082. 
Office,  tenure  of  3976. 
Office,  vacancy,  how  filled  3977. 
Officer,  appointment,  how  made  3978. 

Authority  of  4065. 

Commissions  4069. 

In  charge  to  use  own  discretion  4058. 

Promoted  by  seniority,  exception  3989. 

Removal  or  absence  from  state,   when 
deemed  resignation  4049. 

Resignations  4069. 

Vacancy,  how  filled  4069. 

When  absent,  who  succeeds  4064. 
Orders,  disobedience  of,  trial  3987. 
Past  service  considered,  proviso  4013. 
Pay  of,  when  in  actual  service  4051. 
Penalties,  civil  officers,  subject  to  4079. 
Penalties,  arms,  unlawful  use  of  4048. 

Disobedience  of,  orders  3987,  4084. 

Encampment,  failure  to  attend  4038. 

Encroachment  on  grounds  4082. 

False  list  4074. 

Insubordination  4084. 

Insulting  officer  or  soldier  4083. 

Obstructing  4082. 

Unlawful  retention  of  property  4025,  4026, 

4035,  4052. 

Period  of  enlistment,  except  4015. 
President,  commander-in-chief  in  service  of 

United  States  (U.  S.  Const.)  148. 
Property,  adjutant-general  to  receipt    for 
4043. 

Adjutant-general  to  turn  over  to  successor, 
when  4040. 


2575 


INDEX 


State  orphans'  home 


State  militia— continued. 
Property,  dispossession  of  4024,  4025. 

Exempt  from  execution  4086. 

Penalty  for  unlawful  retention,  exception 
4025,  4026. 

Refusal  to  return,  penalty  4<>-Vj. 

Retention, unlawful  4025 ,'4026, 4035, 4052. 

When  to  be  returned  4043,  4o:>i'. 
Quartermaster-general  3993. 
Rank  of  officers,  determined  :-59«i7. 
Records,  to  be  kept  4007. 
Recruiting  officers,  duties  of  3985. 

To  be  known  as  3984. 

To  name  temporary  officers  3988. 
Reenlistment  presumed,  when  4011. 
Regiment  or  battalion,  by-laws  of  4006. 
Registry  agent,  report  to 'county  clerk  per- 
sons subject  to  military  duty  3981. 
Rendezvous,  not  to  obstruct  highway  4082. 
Repealing  provisions  4020. 
Reports,  adjutant-general    to    make  3994, 
3995,  3997. 

T.I  U.  S.  adjutant-general  :«W7. 
Resignation  of  officer,  what  deemed  4049. 
Rules,  commander-in-chief   to    make   out 

and  publish  4060. 
Rules,  promulgation  of  4(Ni(.». 
Rules  and  regulations  U.  S.  army  control 

4008. 
School  census  marshals,  report  to  county 

clerk  persons  subject  to  military  duty  3981. 
Seal,  adjutant-general  must  have  4080. 
Secretary  of  state  to  keep  blank  commis- 
sions 4056. 

Sheriff  may  call,  when  2935", 2839, 2840, 3982. 
Staff,  of  adjutant-general  4005. 

Appointment,  resignation  3974. 

Battalion,  to  consist  of  402' >. 

Of  brigadier-general  4005. 

Of  governor  4004. 

Of  major-general  4005. 

Members,  how  appointed,  qualifications 

3973. 

*    Noncommissioned,  to  consist  of  4030. 
State   controller,   charge    and   settlement, 

with  counties  4045. 
Substitute  furnished,  how  3990. 
Supplies  may  be  sold,  when  4017. 
Support,  requirements  for  4034. 
Suspension  of,  proceedings  3996. 
Temporary  organization,  senior  officer  to 

rank  4085. 

Term  of  enlistment  4010-4015. 
Uniform,  adoption  of  4072. 
University  cadets,  officers  of,  commissions, 

liability  for  duty  4664,  4665. 
U.  S.  adjutant-general,  reports  to  3997. 
U.  S.  army  officer  may  call,  w7hen  3982. 
U.  S.  army  rules  and  regulations  to  control 

4008. 

U.  S.  marshal,  may  call,  when  3982. 
Vacancies,  how  filled  3989. 
State  motto  4402. 

State  normal  school  357,  4639-4645.     See  Uni- 
versity of  Nevada. 
State  of  Nevada,  act  of  Congress  enabling  209- 

220. 
State  of  Nevada,  land  grants  to  3179-3195. 

See  Public  Lands,  University  of  Nevada. 
State  of  Nevada,  proclamation    announcing 
admission  of  430. 


State  officers.     See  Officers  Generally. 
Canvass  of  election,  returns  of  297. 
Contest  of  election  of,  time  of  commencing 

4<)7L). 

Duties,  to  perform  as  provided  by  law  315. 
Election  of  297,  312,  2773. 
Employing  or  paying  for  clerical  services 

or  labor  without  appropriation,  unlawful 

6661,  6662. 
Fees  or  perquisites,  certain,  not  to  receive 

389. 

Governor  to  fill  vacancies  in,  when  406. 
Impeachment  of  335. 
Removal  for  malfeasance  or  misfeasance 

2851,2851'. 
State   or  county  indebtedness,  purchase   of 

by  officials  2825. 
State  organization,  proclamation  of,  governor 

of  territory  announcing  221-223. 
State  orphans'  home,  accounts,  directors  to 

examine  4091. 
Accounts,  how  paid  4091. 
Carson  City  school  census,  orphans  included 

in  4106. 
Children,  other   than    orphans    admitted, 

when  4098. 
Children   to    attend    Carson    City   school, 

state  allowance  for  expense  4106-4108. 
Conditions,  children  not  orphans  may  be 

admitted  under  4098. 
County    commissioners,     orphans     under 

supervision  of,  until  when  4094. 
County  commissioners,  superintendent  to 

notify  of  age  4094. 
County  commissioners  to  send  and  support 

4099. 
Directors  of,  duties  of  4089,  4090. 

Employees,  to  appoint  4090. 

Organization  of  4089. 

Record,  to  keep  4090, 

Report,  to  make  4090. 

Superintendent  and  matron,  to  appoint 
4090. 

Teacher,  may  appoint  4090. 
Expenses,  estimate  to  be  filed  4101. 
Gifts,  directors  to  accept  and  control,  ex- 
ception 4104. 

Guardianship  of  orphans  4096. 
Land,  to  be  donated  4088. 
Library  books,  directors  to  provide  4107. 
Location  of  4087. 
Nonorphans,  release  of,  expenses  to  be  paid 

by  4100. 

Nonorphans,  released,  when  4100. 
Orphans,  age  of  admission,  exception 4095. 

Age  of  majority  for  purposes  of  act  4095. 

Directors   may  discharge   or  apprentice 
4097. 

Education  and  services  4092,  4094. 

Escaping ,  action  m  ay  be  brought ,  returned 
4096. 

Expenses     and    transportation,    county 
charge  4093. 

How  admitted  4093. 

Notice  may  be  omitted,  when  4093. 

Property  of  4096. 

Public  school,  to  attend  4106. 

Superintendent  and  matron,  salaries  of 
4105. 

Supplies,  contract  awarded  4103. 

Supplies,  contract  to  be  advertised  4102. 


State  orphans'  home 


INDEX 


2576 


State  orphans'  home— continued. 

Text-books,  furnished  to  inmates  4107. 

Wards  of  state,  inmates  are  4092,  4099. 

State  police,  absence  without  leave  4286. 

Active  and  reserve  force,  salarie^s  of  4284. 

Active  service,  may  be  called  into,  when  4279. 

Adjutant- general,   ex    officio    commissary 

4295. 

Aid  to  police,  refusal  to  give,  penalty  4290. 
Arms  and  uniforms  4280. 
Army  regulations  to  control,  when  4282. 
Arrest,  duty  on  making  6940,  6944-6950. 
Appointments  4273. 
Bills,  how  audited  and  paid  4297. 
Board  of  investigation,  to  consist  of  4281. 
Bond    and    oath    of    superintendent    and 

members  4286. 

Commissary,   adjutant-general    ex    officio 
4295. 

Duties  of  4296. 

Of,  created  4294. 

Salary  and  expenses  of,  how  paid  4298. 
Complaints  to  be  investigated  4281. 
Conduct,  unbecoming, punishment  for  4293. 
Court-martialed,  when  4293. 
Creation  of  4271. 

Duel,  failure  to  prevent,  penalty  2823. 
Duties  and  powers  of  4276. 
Duties  of  adjutant-general  4280. 
Duty  on  making  arrest  6940,  6944-6950. 
Expenses,  how  paid  4287. 
False  representation  of  or  wearing  badge, 

penalty  4291,4292. 

Governor  to  appoint  superintendent  4272. 
Governor,  transportation,  expenses  to  order 

4287. 

How  composed  4272. 
Insubordination,  how  punished  4293. 
Martial  law,  army  regulations  to  prevail, 

when  4282. 

Members,  qualification  of  4275. 
Molestation  of,  in  discharge  of  duty,  how 

punished  4291,  6362. 
Oath  of  superintendent  4286. 
Office  at  Carson  City  4283. 
Party  politics,  not  to  participate  in  4281. 
Peace  officers  not  absolved  from  any  duty 

4288. 

Prisoners,  failure  or  refusal  to  receive,  pen- 
alty 2820,  4277,  6360. 

Railroad  officials  to  transport,  when  4289. 
Refusal  to  aid  on  command  4290. 
Refusal  or  neglect  of  officer  in  charge  of 

jail  to  receive  into    custody  2820,  6360. 
Reserve  force,  organized  4279. 
Resistance  to,  penalty  4291,  6362. 
Rules  and  regulations,  violation  of,  penalty 

for  4281. 
Rules  and  regulations,  superintendent  to 

make  4281. 
Service,  absent  without  leave,  misdemeanor 

4285. 

Service,  removal  from  4285. 
Service,  term  of  4285. 
Superintendent   and    members,  oath    and 

bond  of  4286. 

Superintendent,  qualification  and  rank  4274. 
Transportation,  claim,  how  paid  4289. 
Traveling  expenses,  governor  to  order  4287. 
Unbecoming  conduct,  how  punished  4293. 
Under  martial  law,  when,  powers  of  4278. 


State  printer.     See  Officers  Generally. 

Agricultural  society,  state,  reports  to  print 
3928. 

Binding,  commissioners  may  contract  for 
4340. 

Blank  stock,  to  be  furnished,  when,  cost  of 
transportation  4326. 

Board  of  examiners,  official  reports  to  be 
submitted  to  4316. 

Board  of  examiners,  powers  relative  to 
printing  2931,  4316,  4320,  4323. 

Board  of  health,  printing  for,  material 
furnished,  how  2980. 

Board  of  printing  commissioners  4328. 

Bond,  to  furnish  4329. 

Bookkeeper  and  typist,  appointment,  com- 
pensation 4311,  4312. 

Bureau  of  industry,  etc.,  printing,  where 
may  be  done  4493. 

Compensation  of  employees  4330. 

Constitutions,  to  include  with  session  laws 
4334. 

Contracts,  superintendent  not  to  be  inter- 
ested in  4331. 

Controller,  member  board  of  printing  com- 
missioners 4328. 

Copyright,  on  state  publications  may  take 
out,  how  paid  4307,  4308. 

Cost  of  binding,  restricted  4340. 

Drafts,  original  of  reports,  submitted  to 
board  of  examiners  4316. 

Drafts  of  reports,  original,  revision  of  4316. 

Duties,  general  official  4330. 

Duty  to  print  code  1014. 

Election  of  superintendent  4328. 

Employees,  number  and  compensation  of 
4330. 

Errors  in  legislative  bills,  may  correct  4120. 

Finished  work,  transportation,  expenses, 
how  paid  4325. 

Forms,  blanks,  letterheads,  stationery  and 
envelopes  to  be  printed  4317-4319. 

General  official  duties  4330. 

Governor,  to  report  to  4330. 

Irrelevant  matters,  not  to  be  included  in 
reports,  except  4322. 

Legislative,  bills  and  resolutions,  to  print, 

errors  to  correct,  number  of  4120,  4336. 

Documents  ordered  printed  by  legislature 

4336. 

Journals  and  appendix,  to  print,  number 
and  distribution  of  4335-4338. 

Legislative  session  laws,  journals  of  senate 
and  assembly  to  be  printed  4334-4338. 

Legislative  session  laws,  resolutions  and 
memorials,  secretary  of  state  to  prepare 
distribution  4337. 

Legislature,  copy  submitted,  palpable  errors 
to  correct,  provided  4120. 

Messages  and  reports,  state  officers  to  fur- 
nish duplicate  copies  to  4306. 

Nevada  historical  society,  reports  to  print 
4313. 

Nevada  reports,  duties  as  to  4899. 

Office  of  superintendent  created  4327. 

Original  drafts  of  reports  to  be  sent  to  gov- 
ernor, when,  exception  4315. 

Printing  and  binding,  what  may  be  done 
4313,  4314. 

Printing  authorized  to  be  done  3811,  4313- 
4326,  4333,  4356-4359. 


2577 


INDEX 


State  prison  and  jails 


State  printer — continued. 

Printing  commissioners,  board  of  4328. 

Printing,  what    may    be    done    outside    of 
printing  office  4320. 

Privileges  of  superintendent  to   submit  to 
examiners  before  printing  4323. 

Public  documents  and  reports  to  print  2931. 

Public  printing,  binding  of,  commissioners 
may  contract  4340. 

Public  printing,  union  label  affixed  4309. 

Quality  of  paper  to  be  used  4339. 

Railroad  commission  printing  45 4' >. 

Report  to  make  to  governor  4330. 

Report,  duplicate  copies  to  be  furnished 

4306. 

Matter  not  to  be  duplicated  in  4316. 
Number  to  be  printed  4316. 
Official,  what  to  print  2931. 

Revised  statutes,  to  print  1014. 

Salary  of  4305. 

Secretary  of  state,  member  board  of  print- 
ing commissioners  4328. 

Secretary  of  state,  indices  and  copies  to  fur- 
nish 4337. 

Secretary  of   state,  printing   of   laws    and 
journals,  to  superintend  4257. 

Session  laws,  resolutions  and   memorials, 
secretary  of  state  to  furnish  copy  of  4337. 

State  agricultural  society,  reports  to  print 
3928. 

State  printing  office  4327-4340. 

State  printing,  what  not  classed  as  4313, 4321. 

State  work  only  to  be  done  4330. 

Public  printing,  style  of  4339. 

Superintendent  of  printing  4327. 

Supplies, how  furnished, may  advertise  4332. 

Surveyor-general,   account    to    keep    with 
4356. 

Transportation   of   stock,  cost,  how    paid 
4325. 

Treasurer,  member,  board  of  printing  com- 
missioners 4328. 

Treasurer's  report,  to  include  with  session 
laws  4334. 

Unauthorized  printing,  warrant  not  to  be 
drawn  for  4324. 

Union  label  4310. 

Work,  what  may  be  done  outside,  exam- 
iners to  determine,  how  paid  4320. 

Weather  station,  printing  for  4407. 
State   printing    office   4305-4340.     See    State 

Printer. 

STATE  PRISON  AND  JAILS 

Action,   to  be  maintained   by   state    prison 
commissioners  for  labor  performed  by  con- 
victs or  articles  sold  at  the  prison  7564. 
Bible,  to  be  furnished  convicts  at  state  prison 

7576. 
Board  of  examiners,  to  approve  expense  of 

transporting  indigent  insane  7590. 
To  approve  expense  on  road  work  by  con- 
victs 7602. 

Board  of  state  prison  commissioners,  account 

and  records  of  proceedings  to  be  kept  7563. 

Books  and  papers  of,  open  to  inspection 

7575. 
Chairman   of,  to  certify  expense  for  road 

work  by  convicts  7602. 
How  constituted  314. 


Board  of  prison  commissioners — continued. 

May  pay  to  dependent  wife,  children  or 
parents  money  earned  by  convicts  work- 
ing on  public  "high  ways  7600. 

Not  to  prescribe  barbarous  punishment 
7579. 

Not  to  purchase  supplies  above  market 
rates  7566. 

On  recommendation  of  state  engineer  or 
county  surveyor  to  determine  on  what 
roads  convicts  shall  be  employed,  and  to 
pass  upon  plans  7601. 

Penalty  for  violation  of  rules  and  regula- 
tions 7599. 

Powers  of  314,  7561. 

Statement  of  articles  manufactured  or  sold 
and  money  collected  to  be  filed  with,  by 
warden  7588,  7589. 

To  advertise  for  sealed  proposals  for  fur- 
nishing supplies  7568. 

To  approve  expense  of  transporting  con- 
victs 7590. 

To  approve  rules  of  warden  7584. 

To  cause  convicts  to  be  employed  7569. 

To  cause  convicts  to  labor  within  or  with- 
out state  prison  or  to  hire  them  upon 
private  work  7570. 

To  elect  warden  7564. 

To  forfeit  credits  of  convicts  7581. 

To  furnish  supplies  for  use  of  labor  of  con- 
victs 7569. 

To  grant  credits  to  convicts  laboring  and 
behaving  7580. 

To  maintain  action  for  sums  due  for  labor 
performed  by  convicts  or  articles  sold  at 
prison  7574. 

To  make  rules  and  require  able-bodied 
convicts  to  labor  7585. 

To  post  laws  and  regulations  relating  to 
visitors  and  prisoners  7578. 

To  provide  for  holding  divine  service  at 
prison  7576. 

To  receive  criminals  sentenced  by  authority 
of  United  States  7577. 

To  require  able-bodied  convicts  to  labor 
7581. 

To  select  commission  from  members  of 
legislature  to  ascertain  if  any  prisoners 
should  be  pardoned  7586. 

To  work  certain  convicts  on  public  high- 
ways   on    recommendation    of    warden 
7598. 
Bond  of  warden  of  state  prison,  designated 

by  board  of   state  prison  commissioners, 

approved  by  chief  justice,  and  filed  with 

secretary  of  state  7582. 
Books  and  papers,  relating  to  state  prison, 

open  to  inspection  7575. 
Board  of  capitol  commissioners  may  utilize 

labor  of  convicts  4426. 
Chief  justice,  to  approve  bond  of  warden  of 

state  prison  7582. 
Chiefs  of  police,  to  have  charge  of  prisoners 

in  city  jails  and  to  work  when  ordered  7619, 
Children,  not   to   be  confined  with    adults, 

under  12  not  to  be  committed  to  jail  742. 
Claims,  against  state  prison  to  be  verified  and 

allowed  7567. 
Constable,  expense  of  transporting  prisoners, 

allowed  1544, 1545. 


State  prison  and  jails 


INDEX 


2578 


Controller,  expense  of  keeping  United  States 
convicts  in  state  prison,  to  be  certified  to 
by  warden  7577. 

Statement  of  articles  manufactured  or  sold 
at  state  prison  and  money  collected  there- 
for, to  be  filed  by  warden  7588. 

Sums  received  from  labor  performed  or 
articles  sold  at  state  prison,  to  be  reported 
to  7573. 

To  draw  warrants  for  expense  on  road  work 
by  convicts  7602. 

To  issue  warrant  for  expense  of  transport- 
ing convicts  to  state  prison  7590. 

To  issue  warrant  for  expense  of  transport- 
ing indigent  insane  7590. 
Convicts,    at   state    prison,  able-bodied    re- 
quired to  labor  7581,  7585. 

Aiding  to  escape,  penalty  6340. 

Attempting  to  escape,  lose  credits  7581. 

Capitol  commissioners  may  employ  4426. 

Communicating  with  unlawfully  6373. 

Entitled  to  credits  7585. 

Forfeit  credits  for  misconduct  7585. 

Garb  for  different  grades  7583. 

Inhumanity  to,  prohibited  2818. 

Insane,  when  removed  to  asylum,  return  of 
2208,  2209. 

Law,  under  protection  of  6279. 

Loss  of  credits  for  bad  behavior  7581. 

Not  to  be  compelled  to  work  when  deprived 
of  regular  food  7589. 

Not  to  receive  barbarous  treatment  7579. 

Reduction  of  terms  for  good  behavior  7581. 

Rules  for  classification  and  promotion  of, 
to  be  made  by  warden  7584. 

State  prison  commissioners  to  select  com- 
mission from  members  of  legislature  to 
ascertain  if  any  should  be  pardoned  7586. 

To  be  separated  mto  three  grades  7583. 

To  have  credit  for  labor  and  good  behavior 

•    7580. 

Trial  for  other  offense,  pending  term  6818. 

Witness,  may  be,  order  for  7349,  7363,  7459. 

Work  by,  to  be  under  agreement  with  county 

7601. 

Convicts,  board  of  state  prison  commission- 
ers to  determine  upon  what  roads  may 
be  employed  7601. 

Credit  for  labor  in  jail  7622. 

Credits  for,  to  be  determined  by  boai*d  of 
state  prison  commissioners  7585. 

Disobedient  or  refusing  to  labor,  may  be 
punished  7620. 

Earnings  of  prisoners  in  jails  disposed  of, 
how  7609. 

Escaping  from  state  prison  may  be  arrested 
on  warrant  of  warden,  penalty  for  6339, 
6342,  6819,  7594.  See  Escapes. 

Expense  of  keeping  U.  S.  prisoners  in 
county  jail  7610. 

Expense  of  removal  from  county  jail  to  be 
defrayed  by  county  7613. 

Expense  of  transporting  to  prison,  how 
paid  by  state  7590. 

Expense"  on  road  work  by  to  be  approved 
by  board  of  examiners  7602. 

From  U.  S.  courts,  warden  to  certify  to  con- 
troller expense  of  keeping  in  state  prison 
7577. 

How  paid  by  county  7606. 


Convicts — continued. 
In  charge  of  sheriff,  surplus  earnings  to  be 

paid  into  county  treasury  7609. 
In  county,  city  or  town  jail    deemed  sen- 
tenced to  labor  7618. 
In  county  jail  for  certain  offenses  may  be 

hired  out  or  worked  7609. 
In  jail,  labor  may  be  utilized  7617. 
Inhumanity  to  prisoners   prohibited  2818, 

7579. 
Insane  convicts,  when  removed  to  and  from 

asylum  2208,  2209. 
Jailer  under  sheriff  may  transfer  to  place 

of  imprisonment  7606. 
On  road  work,  how  expense  for  to  be  certi- 
fied 7602. 
On  what  public  works  may  be  required  to 

labor  7619. 
Proceeds  of  work  to  be  accounted  for  by 

sheriff  7609. 

Recommendations    of   legislative  commis- 
sion for  pardon  of,  to  be  filed  with  board 

of  pardons  7587. 

Record  of,  to  be  kept  at  state  prison  7565. 
Sentenced  by  United  States  authorities  to 

be  confined  in  state  prison  7677. 
Sentenced  under  United  States  authority 

may  be  committed  to  county  jail  7610. 
Sheriff   to  transfer  to  place  of  imprison- 
ment 7606. 
State   prison    extended    to    places    where 

employed  without  prison  walls  7572. 
1*0  be  employed  at  hard  labor  7569. 
To  be  paid  $25  when  discharged  from  state 

prison  7596. 
To  be  recommended  by  warden  for  work 

on  public  highways  7598. 
Unable  to  pay,  may  be  required  to  serve 

fine  at  $2  per  day  7611. 
Working  on  public  highways,  credit  and 
pay  for  7600. 

Earnings  of,  may  be  paid  to  dependent 
wife,  children  or  parent  7600. 

Not  to  wear  stripes  7599. 

Punishment  for  infraction  of  rules  7599. 

Rules  regulating   to  be    made  by  state 
prison  commissioners  7599. 

Under  direction  of  warden  7599. 
What  expense  allowed  for  transporting  to 

state  prison  7591,  7592. 
Counties,  may  contribute  toward  expense  of 

convicts  on  road  work  7601. 
To  pay  for  bridges  and  material  for  road 

work  by  state  prison  convicts  7601. 
County,  each  to  build  one  common  jail  7603. 
Not  liable,  but  sheriff  liable,  for  escape  of 

U.  S.  prisoners  from  jail  7610. 
County  commissioners,  authorized  to  estab- 
lish branch  county  jail  7614. 
Certified  list  of  prisoners  and  terms  to  be 

returned  to,  by  jailer,  penalty  7608. 
May    approve    appointment   by  sheriff  of 

deputy  for  branch  jail  7615. 
May  direct  working  of  prisoners  in  branch 

jail  7616. 
May  make  agreement  for  work  on  public 

highways  by  convicts  at  state  prison  7601. 
To  allow  compensation  of  deputy  sheriff  in 

charge  of  branch  jail  7615. 
To  allow  sheriff  compensation  for  services 

of  jailer  7606. 


2579 


INDEX 


State  prison  and  jails 


County  commissioners — continued. 
To  build  and  repair  jails  and  inquire  into 
condition  of  same  and  treatment  of  prison- 
ers 7604. 

To  inform  district  court  of  neglect  ef  jailer 

to  return  list  of  prisoners  or  terms  7608. 

To  order  working  of  convicts  in  town  jail  7619. 

To  pay  expenses  of  transporting  convicts 

7606^ 

To  pay  sheriff  for  keeping  prisoners  7605. 
To  recover  penalty  against  sheriff  or  jailer 
for  defrauding  or  depriving  prisoner  7607. 
To  utilize  labor  of  convicts  in  county  jail  7616. 
County  surveyor,  may  recommend  roads  upon 
which  convicts  may  be  employed  and  sub- 
mit plans  7601. 

District  court  to  impose  penalty  on  jailer  for 
neglecting  to  return  list  of  prisoners  and 
terms  7608. 
Divine  service,  expense  of  holding  at  state 

prison  7575. 

Employees  of  state  prison,  number  and  sal- 
aries 7561. 
Escapes,  causing  death   in   attempt,  penalty 

6819. 

Concealing,  penalty  6343. 
From  custody,  penalty  6338. 
From  prison  or  jail,  penalty  633?). 
Insane  convict  2209. 
Permitting,  penalty  1657. 
Reward  for  2831. 
Soliciting  or  receiving  bribe  to  permit  or 

assist  6342. 
Fine,  if  not  paid  to  be  worked  out  at  $2  per 

day  7611. 
Fraud  or  misconduct  toward  prisoner,  penalty 

7607. 
Gospel,  ministers  of ,  services  in  state  prison 

7576. 

Governor,  on  application  of  sheriff  may  order 
removal  of  prisoner  from  county  jail  7612. 
President  of  board  of  state  prison  commis- 
sioners 7562. 

Inhumanity  to  prisoners  prohibited  2818,  7579. 
Injury  to  jail,  penalty  for  6758. 
Insane,   expense    allowed    for    transporting 

indigent  7591,  7592. 
Transportation  of  indigent,  to  be  paid  by 

state  7590. 

Jail,  age  below  12  not  to  be  committed  to  742. 
Branch  county,  erection  of  and  confinement 

of  prisoners  7614. 
Branch,  deputy  sheriff  may  have  charge  of 

7615. 

Branch,  may  be  established  by  county  com- 
missioners 7614. 

Branch,  prisoners  in  may  be  worked  7616. 
Breaking,  penalty  for  6339. 
Children  under  12  not  to  be  committed  to 

742. 
City  prisoners  may  be  confined  in,  when 

794(77),  799. 

Communicating  with   prisoners   in  unlaw- 
fully, penalty  6373,  6817. 
Convicts  in  county,  city  or  town  deemed 

sentenced  to  labor  7618. 
Convicts  in.  labor  of,  may  be  utilized  7616. 
County  commissioners  to  build  and  repair 

1508(11) ,  7603,  7604,  7614. 
Credit  for  labor  of  convicts  in  7622. 


Jail — continued. 

Earnings  of  prisoners  in,  disposed  of,  how 

7609. 
Employment  of  prisoners  in  7609,  7610,  7616- 

7622. 

Expense  of  keeping  U.  S.  prisoners  7610. 
Expense  of  removing  prisoners  from,  to  be 

paid  by  county  7613. 
Expenses,  supplies  and  mileage,  paid  how 

7605,  7606. 
Federal  prisoners,  to  receive  in,  authority 

over  7610. 

Fraud  upon  prisoner,  penalty  7607. 
Grand  jury,  may  enter  ~()L'<>. 
Injury  to, 'penalty  6758. 
One  common,  to'  be    built  at  expense  of 

county  7603. 
Prisoners  in,  under  United  States  authority 

may  be  employed  7610. 
Prisoners  may  be  removed  from  by  order 

of  governor  7612. 
Prisoners  may  be  hired  out  7601  >. 
Prisoners    not  to  be  allowed  to  go  from 

without  sufficient  guard  7621 . 
Sheriff,  duties  and  powers  over  7605-7622. 
Sheriff  to  have  custody  of  1646,  7605,  7615. 
Transfer  of  prisoners,  when  7606. 
Jailer,  compensation  of,  to  be  allowed  sheriff 

by  county  commissioners  7606. 
Kaiiure  or  refusal  to  receive  prisoners,  pen- 
alty for,  when  2820,  4277,  6360. 
Penalty  for  defrauding  prisoner  of  allowance 

or  accommodation  7607. 
Permitting  escape,  penalty  1657. 
Salary  in  certain  counties  1693-1695. 
To  be  appointed  by  sheriff ,  responsible  for 

1646,  7605,  7615. 
To  have  charge  of  prisoners  under  sheriff 

7605. 

To  return  to  county  commissioners  certified 
list  of  prisoners  and  terms,  penalty  7607, 
7608. 
Under   sheriff   may  transfer   prisoners    to 

place  of  imprisonment  7606. 
When  directed  by  county  commissioners 
may  work  prisoners  in  branch  jail  7616. 
Judge  or  justice  may  order  prisoners  confined 
in  county  jail  instead  of  branch  county  jail 
when  safety  requires  7614. 
Legislature  may  make  recommendations  to 

board  of  pardons  7587. 
Members  of  may  inspect  books  and  papers 

relating  to  state  prison  7575. 
Mayor  and  aldermen  to  utilize  labor  of  con- 
victs in  jail  7616. 
Mileage,  for  conveying  convicts  to  be  certified 

by  warden  of  state  prison  7565. 
For  transporting  prisoners  7606. 
Ministers  of  gospel,  services  in  state  prison 

7576. 

Misconduct  toward  prisoner,  penalty  7607. 
Misdemeanor,  persons  convicted  of  may  be 

confined  in  branch  county  jail  7614. 
Notice,  of  letting  contract  for  furnishing  sup- 
plies to  state  prison  7568. 
Officers,  to    keep    record    of    punishments 
inflicted    on    disobedient    prisoners    and 
report  labor  6520. 

May  punish  disobedient  prisoners  7620. 
Of  state  prison,  number  and  salaries  7561. 


State  prison  and  jails 


INDEX 


2580 


Pardons,  recommendations  of  legislative  com- 
mission to  be  filed  with  board  of  7587. 

State  prison  commissioners  to  select  com- 
mission from  members  of  legislature  to 
ascertain  if  any  prisoners  should  be  par- 
doned 7586. 

Prisoners,  communicating   with   unlawfully, 
penalty  6817. 

County  commissioners  to  inquire  into  treat- 
ment of  7604. 

Defrauding  of  allowance  or  accommodation 
by  sheriff  or  jailer  7607. 

Disobedient,  may  be  punished  7620. 

Earnings  of,  disposed  of,  how  7609. 

Expense  for  transporting  to  another  county 
for  trial,  how  paid  7606. 

Expense  of  keeping  to  be  allowed  sheriff 
by  county  commissioners  7605. 

Expense  of  removing  from  county  jail  to 
be  defrayed  by  county  7613. 

Hired  out,  when  7609. 

In  city  and  county  jail,  chiefs  of  police  and 
town  marshals  to  have  charge  of  and  to 
work  when  ordered  7619. 

In  county  jail  may  be  employed  7609,  7610, 
7616-7622. 

In  county  jail,  sheriff  to  have  charge  of  and 
to  work  when  ordered  7619. 

In  county  jail,  sheriff  to  have  custody  of  7605. 

Insane,  removal  to  and  from  asylum  2208, 
2209. 

Mileage  for  conveying  to  state  prison  to  be 
certified  by  warden  7565. 

Not  to  be  allowed  to  go  from  prison  with- 
out sufficient  guard  7621. 

Sustenance  to  be  furnished  by  sheriff  7605. 

To  work  out  fine  at  $2  per  day  7611. 

Transfer  of,  when  7606. 

Trial  for  other  offense,  pending  term  6818. 

Under  U.  S.  authority  in  county  jail,  may 
be  employed  7610. 

Under  U.  S.  authority  may  be  kept  in 
county  jail,  expenses  7610. 

When    and   how    may   be   removed   from 

county  jail  7612. 
Proposals   for    furnishing    supplies    to   state 

prison,  advertisement  7568. 
Public   highways,  expense   by   counties    for 
work  on  by  state  prison  convicts  7601. 

State  appropriation  for  working  convicts 
on  7597. 

Supervision  by  state  engineer  of  work  by 
convicts  on  7601. 

Work  on  by  convicts  to  be  under  agree- 
ment with  county  commissioners  7601. 
Public  works,    on    which    convicts   may  be 

required  to  labor  7619. 
Punishment,  barbarous,  not  to  be  prescribed 

at  state  prison  7579. 
Road   fund,  payment   from  of   expense  for 

road  work  by  convicts  7602. 
Road  work,  by  convicts,  expense    for,  how 

certified  and  paid  7602. 
Secretary  of  state,  secretary  of  board  of  state 

prison  commissioners  7562. 
Selling  liquor  in  vicinity  of  state  prison  6504. 
Sentence  to  jail,  reduction  of,  for  labor  7622. 
Sheriff,  compensation  of  deputy  in  charge  of 
branch  jail,  to  be  allowed  7615. 

Deputy  or  jailer  under,  to  have  charge  of 
prisoners  7605. 


Sheriff— continued. 

Escape,  permitting,  liability  for  1657. 

Expenseof  transportation  allowed  1544, 1545. 

Liable  for  U.  S.  prisoners  in  county  jail 
7610. 

May  apply  to  governor  for  permission  to 
remove  prisoner  from  county  jail  7612. 

May  hire  out  or  work  prisoners  convicted 
of  certain  crimes  7609. 

May  inspect  books  and  papers  relating  to 
state  prison  7575. 

May  punish  disobedient  prisoners  7620. 

Mileage  and  expenses  for  transporting  con- 
victs 7606. 

Mileage  for  conveying  prisoners  to  state 
prison  to  be  certified  by  warden  7565. 

Penalty  for  defrauding  prisoner  of  allow- 
ance or  accommodation  7607. 

Permitting  escape,  liability  for  1657. 

Refusal  to  receive  prisoner,  penalty  2820, 
4277,  6360. 

To  account  for  proceeds  of  work  of  con- 
victs 7609. 

To  appoint  jailer  7605. 

To  be  allowed  compensation  for  jailer  7606. 

To  furnish  sustenance  for  prisoners  7605. 

To  have  charge  of  prisoners  committed  to 
county  jail  7619. 

To  have  custody  of  jail  and  prisoners 
therein  7605. 

To  keep  record  and  report  punishment  of 
disobedient  prisoners  and  report  labor 
7620. 

To  transfer  prisoners  to  place  of  imprison- 
ment 7606. 

What  allowed  for  transporting  convicts  to 
state  prison  and  transporting  indigent 
insane  7591,  7592. 

When  and  how  may  remove  prisoner  from 
county  jail  7612. 

With  approval    of   county    commissioners 

may  appoint  deputy  for  branch  jail  7615. 

State  engineer,  may  recommend  roads  upon 

which  convicts  may  be   employed,  and 

submit  plans  7601. 

To  have  supervision  of  road  work  by  con- 
victs 7601. 

State  prison,  able-bodied  convicts  required 
to  labor  7681. 

Accounts  for  supplies  furnished,  to  be  cer- 
tified by  warden  to  board  of  commis- 
sioners 7567. 

Accounts  of,  how  to  be  kept  7565. 

Accounts  of  board  of  commissioners  of,  to 
be  kept  7563. 

Appropriation  for  working  convicts  on 
public  highways  7597. 

Barbarous  punishment  not  to  be  prescribed 
7579. 

Board  of  commissioners  to  audit  and  allow 
claims  7567. 

Board  of  commissioners  to  designate 
amount  of  bond  of  warden  7582. 

Board  of  commissioners  to  elect  warden 
7564. 

Board  of  commissioners  to  grant  credits  to 
convicts  laboring  and  behaving  7580. 

Board  of  commissioners  to  maintain  action 
for  sums  due  for  labor  performed  by  con- 
victs or  articles  sold  at  the  prison  7574. 


2581 


INDEX 


State  prison  and  jails 


State  prison — continued. 

Board  of  commissioners  to  provide  supplies 
on  requisition  of  warden  7566. 

Board  of  commissioners  to  receive  and  re- 
ceipt for  moneys  for  articles  sold  or  labor 
performed  and  to  pay  same  into  state 
treasury  7573. 

Bond  of  warden  to  be  approved  by  chief 
justice  7582. 

Books  and  papers  of  board  of  commission- 
ers and  warden  open  to  inspection  and 
to  be  delivered  to  successors  7575. 

Commissioners  to  determine  regarding 
credits  for  convicts  7585. 

Commissioners  to  make  rules  and  to  re- 
quire able-bodied  convicts  to  labor  7585. 

Commissioners  to  make  rules  for  convicts 
working  on  public  highways  7599. 

Commissioners  to  select  commission  from 
members  of  legislature  to  ascertain  if 
any  prisoners  should  be  pardoned  7586. 

Convicts  attempting  to  escape  not  entitled 
to  credits  7581. 

Convicts  may  be  employed  in  or  out  of,  or 
hired  upon  private  work  7570. 

Convicts  to  be  furnished  with  copy  of  Bible 
and  other  books  7576. 

Convicts  to  be  separated  into  three  grades 
7583. 

Convicts  to  forfeit  credits  for  misconduct 
7585. 

Convicts  working  on  public  highways  under 
direction  of  warden  7599. 

Credit  and  pay  for  convicts  working  on 
public  highways  7600. 

Credits  for  orderly  convicts  7585. 

Counties  may  contribute  toward  expense 
of  convicts  on  road  work  7601. 

Criminals  sentenced  by  authority  of  United 
States  to  be  received"  7577. 

Discharged  prisoners  to  be  furnished  $25 
7596. 

Divine  service  to  be  held  on  Sabbath  7576. 

Employment  and  labor  of  convicts  7569. 

Engineer  or  officer  in  charge  to  certify 
expense  of  convicts  on  road  work  7602. 

Expense  of  recapturing  escaped  convicts, 
how  paid  7595. 

Expense  of  transporting  prisoners,  how 
paid  by  state  7590. 

Expense  of  transporting  prisoners  to  be 
approved  by  board  of  commissioners 
7590 

Extends  to  places  where  convicts  are  em- 
ployed without  the  prison  walls  7572. 

Forfeiture  of  credits  by  convicts  7581. 

Garb  for  different  grades  of  convicts  7583. 

Laws  and  rules  relating  to,  to  be  posted 
by  board  of  commissioners  7578. 

Legislative  commission  to  file  recommend- 
ations with  board  of  pardons  7587. 

Liquor,  selling  in  vicinity  of,  penalty  6504. 

Maintained  by  state  366. 

Manufactured  articles  and  stone,  how  to 
be  sold  7561. 

Money  earned  by  convicts  on  public  high- 
ways may  be  paid  to  dependent  wife, 
child  or  parent  7600. 

Moneys  received  from  sale  of  articles  and 
labor  performed  to  be  paid  into  state 
treasury  and  placed  in  state  prison 
fund  7573. 


State  prison — continued. 

Number  and  salaries  of  officers  and  em- 
ployees 7561. 

Powers  of  board  of  commissioners  of  314, 
7561. 

Punishment  for  infraction  of  rules  by  con- 
victs working  on  public  highways  7599. 

Punishment  for  violation  of  rules  and 
regulations  7579. 

Recapture  of  convicts  escaping  through 
carelessness  of  warden  or  officers  not 
to  be  paid  for  by  state  7595. 

Record  of  convicts,  filing  of  commitments 
7565, 

Reduction  of  terms  of  convicts  for  good 
behavior  7581. 

Regulations  for  requirement  to  labor  7581. 

Rent  or  hire  of  labor  of  convicts  7561. 

Report  of  warden  to  be  filed  7565. 

Road  work  expense  to  be  paid  from  appro- 
priation for  7602. 

Rules  of  warden  approved  by  commission- 
ers to  be  furnished  officers  and  guards 
and  posted  7584. 

Salary  of  warden  and  how  paid  7593. 

Sealed  proposals  for  furnishing  supplies 
to  be  advertised  7568. 

Secretary  of  board  of  commissioners  to 
report  to  controller  sums  received  from 
articles  sold  or  labor  performed  7573. 

Selling  liquor  in  vicinity  of,  penalty  6504. 

Sums  due  state  for  articles  sold  or  labor 
performed  by  convicts  to  be  certified 
under  oath  of  warden  to  board  of  com- 
missioners 7573. 

Supplies  for,  how  purchased  7561. 

Supplies  for,  not  to  be  purchased  at  prices 
higher  than  market  rates  7566. 

Supplies,  how  furnished,  and  expenses, 
how  paid,  for  convicts  working  on  pub- 
lic highways  7602. 

Supplies  to  be  furnished  for  use  with 
labor  of  convicts  7569. 

Vacancy  in  office  of  warden  to  be  filled  by 
commissioners  7582. 

Warden  may  issue  warrants  for  escaped 
prisoners  7594. 

Warden  to  make  duplicate  statement  of 
articles  manufactured  and  sold  and 
money  collected  7588,  7589. 

Warden  to  make  rules  conducive  to  re- 
formation of  convicts  7584. 

Warden  to  make  rules  for  classification 
and  promotion  of  prisoners  7584. 

Warden  to  recommend  convicts  for  work 
on  public  highways  7598. 

Warden  to  reside  at  and  make  monthly 
requisitions  for  supplies  7566. 

What  expenses  allowed  for  transporting 
prisoners  to  7591,  7592. 

When  warden  of,  not  liable  to  forfeiture 
for  escape  of  convicts  without  prison 
walls  by  order  of  commissioners  7571. 
State  prison  commissioners,  on  recommenda- 
tion of  state  engineer  or  county  sur- 
veyor, to  determine  on  what  roads  con- 
victs shall  be  employed  and  to  pass 
upon  plans  7601. 

Governor  president  of  board  7562. 

Quorum  of  7562 

Secretary  of  state  secretary  of  7562. 


State  prison  and  jails 


INDEX 


2582 


State  prison  commissioners — continued. 

To  pay  expense  of  transporting  convicts 
to  state  prison  7590. 

To  pay  expenses  of  transporting  indigent 
insane  7590. 

To  pay  for  expense  on  road  work  by  con- 
victs 7602. 
State  treasurer,  to  receive  and  place  in  state 

prison  fund  sums  from  labor  performed 

or  articles  sold  at  state  prison  7573. 
Supplies,   for  state  prison,   advertising  for 

proposals  7568. 
Town  marshals,  to  have  charge  of  prisoners 

in  city  and  town  jails  and  to  work  when 

ordered  7619. 

Trustees,  of  incorporated  towns  to  utilize 
labor  of  convicts  in  jail  7617. 

Of  towns,  may  order  working  of  convicts 

7619. 
United   States   convicts,   to   be  received  at 

state    prison    and    confined    according    to 

sentence  7577. 
United  States  prisoners,  county  not  liable, 

but  sheriff  liable,  for  escape  of  from  jail 

7610 

Warden  of  state  prison,  allowing  prisoners 
to  escape,  expense  of  recapture  not  to 
be  paid  by  state  7595. 

Books  and  papers  of,  open  to  inspection 
7575. 

Duties  and  powers  of  7565. 

How  to  be  elected,  chief  executive  officer 
of  prison,  salarv  of,  to  reside  at  prison 
7564. 

May  issue  warrants  for  escaped  prisoners 
7594. 

Not  to  recommend  commutation  of  con- 
victs who  attempt  to  escape  7581. 

Salary  of,  and  how  paid  7593. 

To  certify  to  board-  of  commissioners 
accounts  for  supplies  furnished  7567. 

To  certify  to  controller  expense  of  keep- 
ing U.  S.  convicts  7577. 

To  certify  under  oath  to  board  of  prison 
commissioners  sums  due  for  articles 
sold  or  labor  performed  7573. 

To  direct  work  of  convicts  on  public  high- 
ways 7599. 

To  estimate  one  year's  supplies  7568. 

To  execute  bond,  approved  by  chief  justice 
7562. 

To  make  duplicate  statement  of  articles 
manufactured  and  sold  and  money  col- 
lected 7588,  7589. 

To  make  monthly  requisition  for  supplies 
7566. 

To  make  rules  conducive  to  reformation 
of  convicts  7584. 

To  make  rules  for  separation  and  classifi- 
cation of  prisoners  7584. 

To  pay  convicts  twenty-five  dollars  when 
discharged  7596. 

To  recommend  convicts  for  work  on  pub- 
lic highways  7598. 

To  separate  convicts  into  three  grades 
7583. 

When  not  liable  for  forfeiture  for  escape 

of    convicts    employed    without    prison 

walls  by  order  of  commissioners  7571. 

Warrants,  for  expenses  for  road  work  by 

convicts,  how  certified  7602. 


Witness,  prisoner  may  be,  order  for  7349, 
7363,  7459. 

State  railroad  commission  4549-4585.      See 

Railroad  Commission. 
State  seal  4402-4404. 

Design  for  4402. 

Constitutional  provision  for  308. 

Great  seal  of  state  to  be  kept  by  governor 
308,  4402. 

Motto  for  4402. 

Secretary  of  state  to  procure  and  use  for 
verification  4403,  4404. 

Secretary  of  state  to  have  access  to  4404. 

Size  of  4403. 

To  be  attached  to  grants  and  commissions 

309. 
State  senators.     See  Legislature. 

Election  of  2765,  2773. 

Nomination  papers,  what  to  contain  1740. 
State     sheep     commission     4586-4602.      See 

Sheep  Commission,  Live  Stock. 
State   superintendent  of  public   instruction 

3242,  3243.     See  Public  Schools. 
State  supplies  4468-4477.     See  Board  of  Ex- 
aminers. 
State  tax,  how  apportioned  and  levied  3617, 

3618.     See  Revenue. 
State  text-book  commission  3398-3412.     See 

Public  Schools. 
State  treasurer.     See  Officers  Generally. 

Absence,  limited  4360. 

Age  qualification  2766. 

Annual  report  to  governor  2929,  4364. 

Board  of  capitol  commissioners,  member 
of  4411. 

Board  of  insane  commissioners,  member 
of  2198. 

Board  of  orphans'  home  directors,  member 
of  4089. 

Board  of  printing  commissioners,  member 
of  4328. 

Board    to    determine    conflicting    applica- 
tions to  purchase  land,  member  of  3208. 

Bond,    conditions,    examiners   to   approve 
404,  4361. 

Books,   examination  of,  by  board  of  ex- 
aminers 4457. 

Books  open  to  inspection  4365. 

Building  and  loan  association,  foreign,  du- 
ties as  to  1361. 

Candidates  for  nomination,  fees  received 
from,  how  disposed  of  1743. 

Claims,    certain    not    to    be    paid,    when, 
records  to  be  kept  4373. 

Clerk,     appointment     and     compensation 
4196,  4197. 

Clerk  of  supreme  court,  to  pay  fees  to 
2034. 

Commission  and  qualifications  4361. 

Controller,  duties  as  to  form  and  number- 
ing of  warrants  and  settlement  with 
treasurer  4176. 
To  certify  receipts  of  money  to  4157, 

4173,  4174. 

To  keep  account  with  4159,  7174. 
To  receipt  to  4363. 

County   treasurers,    school    moneys,    pay- 
ment to  3385. 

County  treasurers,  settlements  with  1701, 
3748. 


2583 


INDEX 


State  veterinarian 


State  treasurer — continued. 
Custodian  of  school  securities  3384. 
Damages,  liable  to,  when,  interest  and  cost 

4371. 
Deputy,    appointment    and    salary    4374, 

4375,  4398. 
Duties,  general  315,  4303.  4: Jr.1.). 

Other  enjoined  by  law  4369. 

Funds,    available   and   when   exhausted 
4370. 

Legislature  to  prescribe  (Const.)  315. 
Duty  t<>  cause  officers  to  be  prosecuted  for 

purchasing   or    selling   claims   or   war- 
rants, when  2847. 

Duty,  wilful  neglect  of,  penalty  4367. 
Election  of  312,  2765,  2773,  2774. 
Elections,  fees  of  candidates  received,  how 

disposed  of  1743. 
Eligibility  312. 

Eire  insurance  fund,  to  keep  1360,  4180. 
Foreign    building   and    loan    associations, 

duties  as  to    1 :',»;]. 
(Governor  to  report  to  4364. 
Insane  commissioners,   member  of  board 

of  L'198. 

Insane,  transportation  of,  to  pay  7590. 
Interest,  not  allowed,  when  4370. 
Investment  of  school  moneys  3387. 
Legislative  ollicers.  warrants,  to  pay  4117. 
Legislature,  report  to,  when  4364. 
Misappropriating   funds  or  securities,  or 

other    malfeasance    or    misfeasance    in 

ollice  »•,<;<;(;•. 

Moneys,   bonds  and  securities,   how  kept 
and  paid  out,  not  to  use  4372. 

Controller  to  certify  receipts  of  to  4157, 
117::.   H74. 

Prohibited  from  using  unlawfully  4366, 
1372. 

Restriction  as  to  payment  from  treasury 

(Const.)  L'77. 

Monthly  report  to  controller  43<;r>. 
Night  watchman,  to  designate  4401,  4420. 
Notice  of  funds,  available,  when  to  give 

4370. 

Oath  of  office  370,  371,  2891. 
Oath,  power  to  administer  4369. 
Office  at  capitol  380,  2774,  4360. 
Office,  forfeiture  of,  for  neglect  4365. 
Office  to  be  kept  open  4363. 
Old  unpaid  warrants,   how  treated  4183- 

4185. 

Orphans'  home,  a  director  of  4089. 
Orphans'  home,  school  expenses,  money  to 

keep  4108. 

Payment,   for  clerical   work   without  ap- 
propriation 6661,  6662. 
Public  lands,  money  received  from  occu- 
pant for  absence  under  possessory  title 

5853. 
Purchasing  or  selling  warrants  or  claims, 

scrip,  penalty  2824-2826. 
Qualifications  4361. 
Record    of    certain    releases    of    claims 

against  state  kept  4373. 
Releases  of  claim  against  state  required, 

when  4373. 

Report,  original  draft  to  send  to  governor, 
when  2929. 

To  be  published  with  session  laws  4334. 

To  controller  monthlv  4365. 


State  treasurer — continued. 

Report,  to  governor,  when  4364. 

To  legislature,  when  4364. 
Salary  of  4394. 
School  bonds,  coupons,  to  cut  off  and  pay 

in  presence  of  board  of  education  3386. 
School  funds,  custodian  of  3383. 
School   moneys,   semiannual   payments   to 

county  treasurers  3385. 
School   moneys,   to   negotiate   for    invest- 
ment of,  when  3387. 
School  moneys,  to  pay  over  on  warrant  of 

controller  3384. 

School  securities,  custodian  of  3384. 
Seal,  secretary  of  state  to  provide  4362. 
State  prison,  convicts,  road  work  by,  ex- 
pense to  pay  7602. 

Convicts,  transportation- to  pay  7590. 

Money    received    for    certain    sales,    to 

place  in  fund  of  7573. 
Successor,    election    and    qualification    of 

4368. 
Surveyor-general,   transfers  to   make  for 

4359. 

Term  of  office  312,  402,  2774. 
Vacancy,  governor  to  appoint  4368. 
Warrants,   certain   not   to  be  paid,   when 
1373. 

Duty  in  paying  4:570. 

old  unpaid,  how  treated  4183-4185. 

Or   scrip,   when    may    refuse   to   redeem 
US  ir,.  2X47. 

Or  orders  of  controller,  numbered,  how 
4176. 

Scrip,  or  claims,  not  to  purchase  or  sell 

2824-2826. 

State  treasury,  fines  paid  into  7463. 
Local  or  special  law  refunding  money  paid 

into,  invalid  278. 

Money  not  to  be  drawn  for  officer  or  em- 
ployee of  legislature,  except  as  fixed  prior 

to  election  or  appointment  286. 
State  university  355-361,  4638-4670.    See  Uni- 
versity of  Nevada. 
State  veterinarian  4376-4390. 
Affected  districts  outside  of  state,  stock  from 

to  be  inspected,  when  4382. 
Certificate  of  health  to  issue,  when  4382. 
Compensation, "  sheriff    or    other   officers, 

district  court  to  allow  4384. 
Bureau  of  animal  industry  (U.  S.)  4390. 
Bureau    of   animal    industry    (U.    S.),    to 

cooperate  with  4379. 

Diseased  stock, carcasses, disposition  of  4381. 
Diseased  stock,  examined  and  quarantined, 

to  be  4380. 

Diseased  stock  to  be  examined  and  quar- 
antined, sheriff  and  other  officers  to  aid 

4380. 
Duties,  additional,  governor   to  prescribe 

4377. 

Duties  of  4377. 

Expense  account,  to  render  4385. 
Expenses,  how  paid  4385. 
Fees  and  expenses,  how  paid  4382. 
Governor,  additional  duties,  may  prescribe 

4377. 

Governor  to  appoint  4376. 
Information,  to  publish  4386. 
Presence  and  service  of,  how  obtained  4378. 
Qualifications  of  4376. 


State  veterinarian 


INDEX 


2584 


State  veterinarian — continued. 

Report  to  governor,  contents  of  4385. 

Report  to  legislature,  when  4389. 

Salary  and  expenses,  how  audited  and  paid 
4388,  4387. 

Services,  certain  county  officers  may  de- 
mand 4379. 

Term  of  office  4376. 

Violation  of  act,  penalty  4383,  4388. 
State  weather  service  bureau  4405-4410.     See 

Weather  Bureau. 
Statement.     See  Civil  Practice. 
Statement,  officers  of  corporation,  liable  for 

making  false  1175. 
Statement  on    appeal   5331-5341,  5356.     See 

Civil  Practice. 
Statement  on  motion  for  new  trial  (rules  xxiv, 

xxv,  p.  1429)5321. 

State's  witness  7168.     See  Criminal  Practice. 
Statistics,  gathered  and  reported  1584,  1591, 

4352. 
Stationary  engine,  operating  without  license 

3904. 
Stationary  engineer,  licenses  for  794(69) ,  3898- 

3904. 
Stationery,  postage  and  papers,  payment  of 

expense  of,  for  members  of  legislature  291. 
Statute,   amendment,   how  to  be   made  by 
legislature  275. 

Enacting  clause,  how  to  be  made  281. 
Statutes  and  documents,  delivered  to  whom 

1015,  2932-2936. 

Statutes,  legislature  to  provide  for  publica- 
tion of  376. 

Statute  of  frauds  1069-1092.  See  Conveyances. 
Statute  of  limitations   4946-4985.     See  Civil 
Practice. 

Application  for  patent,  how  affects  2390, 
4949-4966. 

Claims  against  estate  barred  by,  rejected 


Foreign  corporations  applicable  to  1355. 
Liens  on  estates  of  decedents,  how  affected 

by  6014. 

Not  to  be  pleaded,  when  5246. 
Public  official,  does  not  run  during  term  of 

2866. 
Restricted  as  to  holders  of  real  estate,  how 

3603. 
Vacancy  in  administration  of   estate  not 

reckoned  in  5971. 

Statutes,  printed,  presumed  correct  5413. 
Stay  of  execution,  civil  action  5347-5355. 
Stay  of  execution,  justice's  court  5783,  5793. 

See  Civil  Practice,  Criminal  Practice. 
Stealing.     See  Larceny,  Grand  Larceny. 
Stealing  telegraph  message,  penalty  4608. 
Steamboat   or   boiler,  reckless   or   negligent 

operation  of,  causing  death  6408. 
Steam  boilers,  city  may  require  inspection  of 

794(69). 
Steam  engine,  or  boiler,  permitting  excessive 

steam  pressure  on  6587. 

Stenographers  and  typists,  of  attorney,  privi- 
leged communications  5425. 
Of  attorney-general,  compensation  4398. 
Of  governor,  compensation  4190-4197,  4392. 
Of  district  court  4908,  4913,  6977. 
Of  preliminary  examination,  when  may  be 
appointed  6977. 


Stenographers  and  typists— continued. 
Of  public  service  commission,  may  appoint 

to  report  proceedings  4535. 
Of  secretary  of  state,  compensation  4195, 

4269-4270,  4258. 

Of  state  controller,  compensation  4398. 
Of  state  printer  4311-4312. 
Of  state  treasurer,  compensation  4196. 
Of  superintendent  of  public  instruction  4341, 

4342,  4398. 

Of  supreme  court  4889-4892. 
Of  surveyor-general  4347,  4398. 
Stipulations   of   counsel   binding,   to   be   in 

writing,  rule  xxvii,  p.  1429. 
Sterilization  of  convict,  when  6293. 
Still-birth    recorded,    how,  by    whom   2975, 

2983-2987. 

Stock,  live.     See  Live  Stock. 
Branding  in  same  place  as  previous  brand 

2247. 
Confinement  on  railroads    over  36   hours 

3572,  3585. 
Driving   diseased    or  infected    animal    on 

public  highway  2266,  2268. 
Driving  or  attempting  to  drive  out  of  state 

to  evade  tax  3856. 
Dying   of    contagious    disease,   failure   to 

burn  2272,  2273. 

Estrays,  failure  to  give  notice  of  2274-2279. 
Herding  or  grazing  without  revenue  certifi- 
cate 3857,  3858. 
Marking  by  removing  more  than  one-half 

of  ear  2240. 
Mismarking  or  misbranding  not  one's  own 

2240. 
Permitting   to  run    at  large   in  towns    or 

cities  2263,  2265. 
Quarantine,  violation  of  2271. 
Recording  similar  brand,  one  already  re- 
corded 2248. 
Stock  certificate,  lost,  court  may  order  new 

1165. 

Stock  certificates  of  mining  companies 
stamped  with  character  of  stock  1335. 
See  Corporations. 

Stockholders  of  corporation.     See  Corpora- 
tions. 
Action,  limitation  for,  penalty  or  forfeiture 

4984. 

Majority  may  dissolve  corporation  1240. 
Of  bank,  liability  627. 
Receiver,  may  apply  for  1194,  1195. 
Trustee  on  dissolution   in  quo  warranto, 

duties  to  5671,  5677. 
Stock    in    corporation,   how    attached   5152, 

5287. 

Stock  subscription,  signing  fictitious  name  of 
other  without  authority  or  with  understand- 
ing that  terms  of  subscription  are  not  to  be 
complied  with  6721. 
Stolen  goods,  buying  or  receiving  6648. 
Property,  disposed  of,  how,  owner  may  re- 
cover 6650,  6651,  7428,  7445-7450. 
Stone    and   timber    land    entries    3163-3167. 

See  Public  Lands. 
Stone  lands  valuable  for  building  material, 

locatable  2393. 

Store  account,  limitation  of  actions  on  4967. 
Stored  waters  may  be  conveyed,  how  4715. 
Storage  of  explosives.     See  Explosives. 


2585 


INDEX 


Supreme  court 


Storey  County,  creation,  boundaries  and  seat 

390,  1446,  1450. 

Streams,  pollution  of,  penalty  2047. 
Streets,  local  or  special,  for  vacating,  invalid 

278.     See  Cities,  Towns,  Franchises. 
Street  or  highway,  riding  or  driving  in  danger- 
ous manner  on  6589. 
Street   railways   2121-2128,  2130,  2139,  3570. 

See  Franchises. 
Eminent  domain  may  be  exercised  for  2138, 

5606. 
Streets,  eminent  domain  may  be  exercised  for 

5606,  562.-). 
Stud-horse   poker,  gambling    game,  penalty 

for  playing  6518. 
Style  of  process  328. 
Subcontractor,  when  liable  under  employers' 

liability  act  1924. 
Submitting  controversy  without  action  5252- 

5254. 

Subornation  of  perjury,  penalty  6350,  6351. 
Subpena.     See  Civil  Practice,  Criminal  Prac- 
tice. 

Railroad  commission  may  issue  4566. 
Subscription,  by  mark,  how  made  5475. 
Substitution  of  child,  penalty  6371. 
Substitution  in  civil  action,  corporations  con- 
solidated 1148. 
Claimant  as  party  5005. 
Death,  disability  or  assignment  5004. 
On  appeal  to  supreme  court,  death  of  party, 

rule  ix,  p.  1423. 
Subtenant,  right  and    liabilities,  action    for 

unlawful  detainer  5591,  5592. 
Successor  in  office,  governor  to  hold  until 

qualified  295. 

Successor  of  justice  of  the  peace  5806,  5807. 
Successor  of  officer  removed  2853. 
Suffrage,  amendment  proposed  to  sec.  i,  art.  ii 
of  the  constitution,  passed  at  the  legisla- 
tive-session 1911,  subject  to  approval  by 
the  legislature  1913  and  to  ratification  by 
the  people,  provides  that  there  shall  be 
no  denial  of  elective  franchise  on  account 
of  sex  250. 

And  office^  holding,  right  of.  not  to  be  with- 
held from  any  male  citizen  by  reason  of 
color  or  previous  condition  of  servitude 
190,  411. 

Person  who  has  fought  duel  or  sent  chal- 
lenge since  adoption  of  constitution  not 
entitled  371. 
Provision   to  be    made  by  law  regarding 

exercise  of  right  of  255. 
Right  of,  to  be  enjoyed  by  soldiers  and 

sailors  252. 
Suicide,  penalty  6379. 
Aiding,  penalty  6381-6383. 
Attempt  to  commit,  penalty  6380. 
Suit,    bringing    or  instigating    false,    misde- 
meanor 6366.     See  Action,    under  Civil 
Practice. 

Instituting  in  name  of  another  without  con- 
sent 6372. 
Provision  to  be  made  by  general  law  for 

bringing  against  state  280. 
Summary  administration  6127,  6128. 
Summons.     See  Civil  Practice. 
Summoning  and  impaneling  grand  and  petit 
juries,  provide  for  their  compensation, local 
or  special  laws  are  invalid  278. 


Sum  payable  on  negotiable  instrument,  de- 
fined 2549. 

Sunday,  computing  time,  when  excluded 
5482. 

Glove  contest,  forbidden  on  3886. 

Judicial  proceedings,  what  may  take  place 
on  6260. 

Noisy  amusements  or  racing  forbidden  on 

6608. 

Superintendent  of  hospital  for  mental  dis- 
eases, appointment,  qualifications,  com- 
pensation 2203. 

Superintendent  of  public  instruction.  See 
State  Superintendent  of  Public  Instruc- 
tion, under  Public  Schools. 

Duties  prescribed  by  law,  to  be  performed 
315. 

Election  of,  provision  to  be  made  by  legis- 
lature 353. 

Females  eligible,  when  371. 
Superintendent  of  public  schools,  female  may 

be  371. 
Superintendent  of  state  printing  4305-4340. 

See  State  Printer. 
Supersedeas,  court  rules  xix,  xxii,  pp.  1424, 

1425. 

Supplemental  complaint,  answer  or  reply  5075. 
Supplementary  proceedings    in  civil    action 

5308,  5311, 5312,  5314,  5787.     See  Civil  Prac- 
tice. 

Support,  adopted  child  entitled  to  5826,  5829. 
Support  of  husband  by  wife  when  required 

2177,  2178. 

Supreme  court.  See  Civil  Practice,  Court 
Rules,  Criminal  Practice. 

Absence  from  state  of  justice  of,  for  90  days 
forfeits  office  332,  4868. 

Absence,  leave  of  to  justices,  forbidden  332. 

Acknowledgments  and  affidavits,  justices 
and  clerk  may  take  4883. 

Action  not  affected  by  vacancy  or  failure 
of  term  of  court  4884. 

Appeal,  power  on  4835,  5359. 

Appeal,  special  court  fee  in  331. 

Appellate  jurisdiction  319,  321,  4832,  4833. 
See  Civil  Practice,  Criminal  Practice. 

Appellate  jurisdiction,  townsite  lot  contests 
1985. 

Appointment  of  reporter  and  stenographers 
4889-4892. 

Associate  justices  317,  318. 

Attorney,  authority  of,  to  bind  client  507. 

Attorney-general  to  attend  on,  duties 4129. 

Attorney ,  judge  not  act  as  except  when  party 
4866. 

Attorneys,  admission  of  499-505,  rule  i,  sees. 
1-6,  p.  1421. 

Bailiff  of  4888. 

Bill    of   exceptions    (criminal)  may  settle, 
when  7285. 

Board  of  pardons,  justices  members  of  307. 

Business  at  chambers  4837. 

Canvass  of  election  returns  by  justices  297. 

Certiorari,  may  issue  319,  4834. 

Chambers,  business  at  4837. 

Chief  justice  317,  318. 

Chief  justice,  how  determined  2775,  4829, 
4830. 

Chief  justice,  to  approve  bond  of  warden 
of  prison  7582. 


Supreme  court 


INDEX 


2586 


Supreme  court— continued. 
Clerk  of,  bond,  amount,  approval,   filing 

4895. 

Court  fee,  to  collect  331. 
Court,  to  pay  over  money  2034. 
Costs,  taxed  by,  indorsed  on  remittitur, 

rule  vi,  sec.  4,  p.  1423. 
Deputy,  may  appoint,  salary  of  4900. 
Duty  to  give  receipt  and  pay  over  money 

Election,  term  2765,  2773,  2776. 

Eligibility  2766. 

Fees  of  2006, 2032. 

Fees  of,  paid  to  treasurer  2034. 

Fees,  when  paid  4894. 

Habeas    corpus,  writ   to    deliver,   when 
6231. 

Money,  to  pay  over  2034. 

Office,  must  keep  at  seat  of  government 
380. 

Qualifications  2766. 

Receipts  for  money,  to  give  2033. 

Report  to  legislature  4896. 

Reporter  of  decisions  of  supreme  court, 
salary  2950. 

Salary  of  4391. 

To  collect  court  fee  331. 
Commissions  to  justices,  governor  to  issue 

2775. 
Compensation  of  justices,  how  and  when 

paid  330. 
Constituted  how,  quorum,  concurrence  of 

majority  necessary  to  decision  317. 
Contempt  to  resist  process  of  2833,  2834. 
Control  over  its  officers  4864. 
Court  fee,  to  be  collected,  how  applied  333. 
Court  of  record  323,  4861. 
Criminal  cases  precedence  over  civil  7298. 
Decisions  to  be  in  writing  4839. 
Decisions  to  be  published  376,  4481.     See 

Rules,  post. 

Decisions,  unreasonable  delay  in  4886. 
Delay  in  decisions,  unreasonable  4886. 
Deputy  clerk  4900. 
Disqualifications  of  judge  4865. 
District  court,  writ  of  habeas  corpus  may 

be  made  returnable  before  319. 
Duel,  justice  failing  to  prevent  2823. 
Duplicate   in   state   library,   to   set   aside 

3961. 

Election  of  justices  318,  2765. 
Election  returns,  canvass  of,  by  justices 

297. 

English  language  used  4885. 
Error,    writ    of   may    issue,    when,    rules 

xviii-xxii,  pp.  1424-1425. 
Established  316. 

Executive  functions  forbidden  258. 
Fees  on  appeal  to  2032. 
Governor  to  commission  justices  of  2775. 
Governor  to  fill  vacancies  4831. 
Governor  to  fill  vacancies  in  justices  2812. 
Habeas  corpus,  court  or  judge  may  issue, 
returnable,  where  and  when  319,  4834. 

Refusal,  penalty  for  6262. 

Suspended,  when  234. 

Writs  to  all  parts  of  state  4834.     See 

Habeas  Corpus. 
How  constituted  317. 
Judgments     and     orders,     may     enforce 

obedience  to  4864. 


Supreme  court — continued. 
Judgment,  may  affirm,  reverse  or  modify 

4835,  5359. 
Judgment  not  effective  until  opinion  filed 

with  clerk  37(5. 
Judicial  days  4869. 
Judicial  department,  coordinate  258. 
Judicial  power  vested  in  what  courts  316. 
Jurisdiction  319. 

Appellate  319,  4832,  4833. 
Original  319,  4834. 
Justices,  age  qualifications  2766. 
Attorney,  must  be  525. 
Chief  justice,  justice  becomes,  how  317 

318,  27  <'5,  4829,  4830. 
Compensation,  how  and  when  paid  330, 

4399,  4886,  4893. 
Commission  to  compile  and  revise  laws 

1005-1016. 

Commissions,  form  of  2793. 
Each  may  issue  habeas  corpus  4834. 
Election  of  318,  2765,  2773,  2775,  4830, 

4831. 

Eligibility  371,  2766. 
Failing  to  prevent  duel  2823. 
Fees  and  perquisites,  forbidden  325. 
Forfeiture  of  office  for  absence  *868. 
Governor  to  commission  2775,  4829. 
Habeas  corpus,  any  justice  may  issue 

319. 
Habeas  corpus,  refusal  to  issue,  penalty 

6262. 

Impeachment,  liable  to  335. 
Ineligible   to   other   office   during  term 

326. 

Leave  of  absence,  forbidden  332. 
May  command  military  force,  when  2839. 
May    issue    habeas    corpus,    returnable 

where  319. 

Members  of  board  of  pardons  307. 
Must  be  attorney  525. 
Not  to  act  as  attorney  unless  party  4866. 
Not  to  have  partner  in  practice  4867. 
Number  of  and  designation  317,  2775, 

4829,  4830. 

Oath  of  office  370,  2775,  2891. 
Oath,    to    administer   to   governor    and 

lieutenant-governor  2789. 
Quorum  may  transact  business  317,4837. 
Removal  by  legislature  336. 
Resignations  of  to  governor  2798. 
Revenue  to  be  set  apart  for  salaries  330. 
Salary,  amount  of,  how  and  when  paid 

330,  4399,  4886,  4893. 
Salary,  court  fee  applied  to  331,  2034. 
State  librarian,  to  receipt  to  3959. 
Term  of  office  318,  2775. 
To  canvass  election  returns  297. 
Vacancy,  how  created  2799,  2802. 
Vacancy,  how  filled  406,  2812,  4831. 
Vacancy,  salary  of  successor  330. 
When  chosen  2775. 
When  disqualified  4865. 
Writs,  original,  may  issue  319, 4834, 6228. 
Juvenile  court  law,  appeals  to  753. 
Leave  of  absence  to  justices  forbidden  352. 
Legislative  functions  forbidden  258. 
Mandamus,  may  issue  319,  4834. 
May  suspend  death  sentence  7270. 
Military    force,    justice    may    command, 
when  2839. 


2587 


INDEX 


Supreme  court 


Supreme  court — continued. 
Ministerial  officers  to  control  48r,l. 
Necessary  room,   furniture  and  supplies, 

may  order,  how  paid  4838. 
New  trial,  may  direct  4835. 
Newspaper  to  publish  decisions  4481. 
Noii judicial  days  4870. 
Number  of  justices,  may  be  increased  317. 
Oath,  constitutional,  to  take  4829. 
Oath  of  justices  370,  2786,  2787,  2891. 
Office,  term  of  justices  318. 
Official    reporter,    appointment   and   com- 
pensation 4889,  4890. 
Opinions  to  be  in  writing  4839. 
Order  appealed  from,  may  affirm,  reverse 

or  modify  4835,  5359. 
Order,    power    to    enforce    and    preserve 

4864. 
Orders  by  judge  out  of  court,  to  enforce 

4864. 

Original  jurisdiction  319. 
Original  writs,  what    may   issue  319. 
Pardons  and  commutations,   may  act  on 

307. 

Place  of  holding  changed,  when  4873,  4874. 
Power  on  appeal,  criminal  7303. 
Powers  on  appeal  4835,  53."' ). 
Power  to  provide  necessaries  4838. 
Process,  power  to  enforce  2833-2835. 

Resistance  of,  contempt  28.T',.  L'X.",  j. 

Style  of  328. 

Proceedings  public  4862. 
Prohibition,  may  issue  319,  4834. 
Quorum  317,  4837. 
Quo  warrant",  may  issue  :',!'.>.  4834. 
Reargument,  failure  of  quorum  to  agree 

4837. 

Record  of  opinions  and  decisions  4839. 
Referee  or  commissioner,  proceedings  be- 
fore may  enforce  order  4864. 
Reports  of  decisions,  compilation  of  4897- 

4S99.     See  Public  Documents. 
Reporter,   official,  appointment  and  com- 
pensation 4889,  4890. 

Resistance  of  process,  contempt  2833,  2834. 
Restitution,  may  direct  4835,  5359. 
Revenue,  to  be  set  apart  for  salary  justices 

330. 

Rules  of,  pp.  1421-1435,  following  sec.  4942. 
Rules.  [Rules  of  the  supreme  court  are 
published  as  a  note  to  sec.  4942.  Ref- 
erences are  here  given  to  the  number 
of  the  rule,  section  thereof  and  page 
of  this  work.] 

Advance  fee  for  filing  transcript,  xxvi, 
p.  1425. 

Appeal,    dismissal    for    failure    to    file 
transcript,  iii,  sec.  1,  p.  1421. 

Appeal    dismissed,    restored,   when,    iii, 

sec.  2,  p.  1422. 

Appeal,    transcript    of    record    on,    when 
to  be  filed,  ii,  sec.  1,  p.  1421. 

Argument,  limitations  on,  xi,  sees.  3,  4, 
p.  1424. 

Argument,  submission  without,  x,  sec.  3, 
1).  1423. 

Attorney,  examination,  time,  place  and 
subjects,  i,  sees.  1-5,  p.  1421. 

Attorney,  fee  for  admission  payable  be- 
fore examination,  i,  sec.  5,  p.  1421. 

Attorney,  oath  of,  i,  sec.  6,  p.  1421. 


Supreme  court,  rules — continued. 

Briefs,  service  and  filing,  xi,  sees.  1,  2, 

p.  1423. 
Briefs,  service  of,  xi,  p.  1423 ;    xxv,  p. 

1425. 
Calendar,  how  made  up,  x,  sees.  1-3,  p. 

1423. 
Cases,  how  set  for  hearing,  x,  sees.  1-3, 

p.  1423. 

Case  submitted,  when,  xi,  sec.  6,  p.  1424. 
Certiorari,  writ  of,  when  to  issue,  xviii, 

p.  1424. 
Change  of  venue,  appeals  from  orders, 

notice,  xxiii,  p.  1425. 
Costs  of  transcripts,  settlement,  vi,  sec. 

1-:;,  p.  1422. 
Costs  taxed  by  clerk   indorsed   on   re- 

mittitur.  vi,  sec.  4,  p.  1423. 
Criminal    cases,    transcripts,    how    pre- 
pared, iv.  sec.  2,  p.  1422. 
Death  of  party,  substitutions,  ix,  p.  1423. 
Decision,  publication  of,  xv,  p.  1424. 
Dismissal  of  appeal  for  failure  to  file 

transcript,  iii,  sec.  1,  p.  1421. 
Error,  writ  of,  xviii-xxii,  pp.  1424, 1425. 
Examination  of  attorneys,  time,  place 

and  subjects,  i,  sees.  1-5,  p.  1421. 
Exceptions  to  transcript,  when  and  how 

to  be  taken,  viii,  p.  1423. 
Eee  for  admission,  payable  before  ex- 
amination, i,  sec.  5,  p.  1421. 
Index  to  transcript,  iv,  sec.  3,  p.  1422. 
Interlocutory  order  before  trial,  appeal 

from,  orders,  notice,  xxiii,  p.  1425. 
Motion  for  rehearing,  xv,  p.  1424. 
Motion,  notice  of  time  for,  xxiv,  p.  1425. 
Notice  of  motion,  time  for,  xxiv,  p.  1425. 
Oath  of  attorney,  i,  sec.  6,  p.  1421. 
Objections  to  costs,  vi,  sec.  3,  p.  1422. 
Objections  to  transcript,  when  and  how 

taken,  viii,  p.  1423. 
Oral  argument,  limitations  on,  xi,  sees. 

3,  4,  p.  1424. 
Order  to  withdraw  papers  or  transcript, 

xvii,  p.  1424. 

Opinion,  publication  of,  xv,  p.  1424. 
Opinions  recorded,  xiv,  p.  1424. 
Opinion,  when  to  be  transmitted  with 

remittitur,  xvi,  p.  1424. 
Papers,  withdrawal  of,  order  for,  xvii, 

p.  1424. 
Party,   substitution  upon  death,    ix,   p. 

1423. 

Petition  for  rehearing,  xv,  p.  1424. 
Printed  transcripts  and  briefs,  number 

to  be  filed,  xiii,  p.  1424. 
Printing  and  paper  uniform,  xii,  p.  1424. 
.     Printing  transcripts,  v,  sec.  1,  p.  1422. 
Publication  of  opinion  or  decision,  xv, 

p.  1424. 
Record  on  appeal,  when  filed,  ii,  sec.  1, 

p.  1421. 

Rehearing,  petitions  for,  xv,  p.  1424. 
Remittitur,  costs  indorsed  on,  vi,  sec.  4, 

p.  1423. 
Remittitur,  opinion  to  accompany,  when, 

xvi,  p.  1424. 

Remittitur,  when  to  issue,  xv,  p.  1424. 
Setting  cases  for  hearing,  x,  sees.  1-3,  p. 

1423. 
Service  of  briefs,  xi,  p.  1423 ;    xxv.  p. 

1425. 


Supreme  court 


INDEX 


2588 


Supreme  court,  rules — continued. 

Submission  without  argument,  x,  sec.  3, 

p.  1423. 

Submitted,  when,  xi,  sec.  6,  p.  1424. 
Time,  extension  of,  xi,  sec.  7,  p.  1424. 
Transcript,    advance   fee   before   filing. 

xxvi,  p.  1425. 
Transcript    and   briefs,    when    printed, 

number  to  be  filed,  xiii,  p.  1424. 
Transcript,  failure  to  file  dismissal  of 

appeal,  iii,  sec.  1,  p.  1421. 
Transcript  on  appeal,  when  filed,  ii,  sec. 

1,  p.  1421. 
Transcript,  costs  of,  settlement,  vi,  sees. 

1-3,  p.  1422. 
Transcript,  error  in  corrected,  how,  vii, 

p.  1423. 
Transcript,  how  prepared,  iv,  sees.  1-4, 

p.  1422. 

Transcript  or  briefs,  may  be  typewrit- 
ten, service,  xxv,  p.  1425. 
Transcript  or  record,  exceptions  or  ob- 
jections to  diminution,  viii,  p.  1423. 
Transcript,  printing  of,  v,  sec.  1,  p.  1422. 
Transcript,   when   may   be   withdrawn, 

xvii,  p.  1424. 

Typewritten  transcripts  or  briefs,  serv- 
ice of  xxv,  p.  1425. 
Withdrawal  of  transcripts  and  papers, 

xvii,  p.  1424. 
Writ   of   certiorari   or  error,   when   to 

issue,  xviii,  p.  1424. 

Writ  of  error,  xviii-xxii,  pp.  1424,  1425. 
Salary  fund  created,  court  fee  paid  into 

331,  2034. 

Salary  of  justices  4893. 
Salaries  of  justices  not  increased  or  di- 
minished during  term  330. 
Salary  of  justices  not  paid  unless  affidavit 

filed  4886. 
Seal,  to  have  4875. 
Seal,  to  what  papers  affixed  4879. 
Sessions  at  capitol  322,  4848. 
Sheriff  of  Ormsby  County,  bailiff  of  4888. 
State  librarian  to  receipt  to  justices  3959. 
Stenographers,  appointment  and  compen- 
sation 4889-4892. 
Style  of  process  328. 
Terms  322,  4836. 

Term  of  justices,  ineligibility  during  326. 
Term  of  office  of  justice  318,  2775. 
Terms,  when  and  where  held  322. 
Vacancy,  how  filled  2812,  4831. 
Vacancy  in  office  of  justice,  governor  may 

fill  301. 
Vacancy  in  office  of  justice,  how  created 

2799,  2802. 

Writs,  original  may  issue  319,  4834,  6228. 
Writs,  what  may  issue  319. 
Supreme  law  of  the   land,   defined  (U.    S. 

Const.)  168. 

Supplies  for  elections.     See  Elections. 
Supplies  for  state  and  county  officers  and 

institutions.     See  Public  Supplies. 
Sureties.     See     Bonds     and     Undertakings, 

Civil  Practice. 

Surety  company.     See  Bonds  and  Undertak- 
ings. 

Bonds  and  undertakings,  may  furnish  695- 
701,  2888-2890,  5486,  7329.  See  Bonds 
and  Undertakings. 


Surety  company — continued. 

Corporations  may  be  organized  as  1105, 
1106,  1215,  1242-1248. 

Estopped  to  deny  corporate  power  700. 

Liabilities  1244-1246. 
Surety  to  keep  the  peace,  procedure  6864- 

6877.     See  Criminal  Practice. 
Surface  employees  of  mines,  eight-hour  day 

1941. 
Surface  waters  to  be  returned  to  streams, 

when  4675. 
Survey    for    court    proceedings.     See    Civil 

Practice. 
Surveyor,    county    1664-1674.     See    County 

Surveyor. 
Surveyor-general  and  ex  officio  state  land 

register.     See   Officers   Generally,    Public 

Lands. 
Surveyor-general.     See  State  Land  Register. 

Accounts  with  state  printer,  to  keep,  ex- 
aminers to  approve  4356-4358. 

Appoint  competent  surveyors,  when  2396. 

Auditors  to  report  to  on  statistics  1584- 
1591,  4352. 

Books  and  property  to  preserve  and  de- 
liver to  successor  4350. 

Board  of  irrigation,  member  of  4706. 

Boundary   line  between  counties  to  run, 
when  4349. 

Boundary  maps,  custodian  of  4355. 

Bureau  of  industry,  etc.,  member  of  com- 
mission 4486. 

Chief  engineer   and  commissioner  of  in- 
ternal improvements,  ex  officio  4351. 

Circular  letter  to  assessors,  auditors  and 
surveyors  1585,  1589,  4352. 

Controller    and    treasurer,    transfers    to 
make  for  4359. 

Commissioner  of  industry,  agriculture  and 
irrigation,  member  of  4486. 

County  commissioners  may  require  survey 
of  boundary  4349. 

Deputies,  appointment  and  oath  of  4347. 

Deputy,  salary  of  4398. 

Deputies,  surveys  by,  valid  4347. 

Draughtsman,  salary  of  4398. 

Duties,   other,    legislature   may   prescribe 
4354. 

Duties  prescribed  by  law,  must  perform 
315. 

Election  of  2765,  2773,  2774,  312. 

Ex  officio  state  land  register  3196-3210. 

Expenses,  how  met  4354. 

Governor,  to  report  to  4351. 

Legislature,   to  report  statistics  to   1588, 
4352. 

Map  of  state,  to  make,  when  4349. 

Map,    railroad    and    toll-road    companies, 
duty  to  file  4353. 

Mineral  surveys,  duties  concerning  2421. 

Office,  where  may  keep,  hours  2774.  3196. 

Orphans'  home,  director  of  4089. 

Printing  for  state  land  office  4356-4359. 

Qualifications  2766. 

Railroads  to  file  maps  with  4353. 

Reports  from  assessors,  to  obtain  quarterly 

4352. 

From  county  surveyors,  to  obtain  quar- 
terly 4352. 

Quarterly,  to  obtain,  failure  to  comply, 
penalty  4352. 


2589 


INDEX 


Telegraph 


Surveyor-general — continued. 

Salary  of  4394. 

State  board  of  irrigation,  member  of  4706. 

State  boundary,  may  be  required  to  sur- 
vey 4348. 

State  orphans'  home,  director  of  4089. 

State  printer,  account  to  keep  with  4356. 

Statistics,  reports  to,  on  1584-1591,  4352. 

Stenographer,    appointment    and    salary, 
paid  from  school  fund  4401. 

Surveyors,  when  may  appoint  2396. 

Surveys,    commissioners   may    require   to 
be  made  4349. 

Surveys  for  water  for  orphans'  home  and 
capitol  4425. 

Term  of  office  2774. 

Toll  roads,  maps,  to  file  with  4353. 

Typist,  appointment  and  salary  4389. 
Statistics  to  legislature  1588,  4352. 

To  governor,  when  4351. 
Surveys,  of  mining  claims  2421.     See  Mines 
and  Mining. 

Railroads  3533. 

Surveyor-genera]  required  to  make  certain 

4349,  4425. 
Suspended     sentence     758-762,     7259.       See 

Criminal   Practice. 
Sutro  tunnel,  rights  of  2406. 
Swan,  closed  season  for  2089. 
"Swear,"  defined  6353. 
Swino.  permitting  to  run  at  large  in  towns 

or  cities,  penalty  2330.     See  Live  Stock. 
Swindling,  penalty  6463,  6518. 


Table  of  fees,  officer  to  post  2025. 

Tailings,  eminent  domain  may  be  used  for 

deposit  of  5606. 
Taking    property    from    custody    of    officer, 

when  unlawful,  penalty  6337,  7173. 
Tally  lists  1756.     See  Elections. 
Tampering  with  or  obstructing  witness  6359. 
Tamping  bar,  other  than  wood,  penalty  for 

using  4212. 
Tanks  for  oil,  eminent  domain  may  be  used 

for  purposes  of  5606. 
Tax.     See  Revenue. 

Actions  affecting.     See  Civil  Practice.  . 
Tax  deed,  possession  of  property  obtained 

by.  how  3666. 
Tax    receiver,    treasurer    ex    officio,    duties 

3643.  3648,  3796. 

Tax  suit,  defendant  in,  to  make  answer  3664. 
Tax  suit,  proceedings  in,  judgment  obtained, 

how  3665. 

Taxation.     See    Revenue,     Constitution    of 
State. 

Actions    affecting,    procedure.     See    Civil 
Practice  and  Revenue. 

Government  land  exempt  from  1950, 1952. 

Mortgages,   law  of  1911,   sees.   3786-3790, 
repealed  at  special  session  1912. 

Not  to  be   levied  on  cemetery  property, 
when  1407. 

Not  to  be  levied  on  hospitals  or  asylums, 
when  1396. 

Patented  or  unpatented  mines  352. 

Uniform  and  equal  352. 

Taxes,  action  affecting.     See  Civil  Practice, 
Revenue. 

Deduction  in,  when  and  how  made  3629. 

163 


Taxes — continued. 

May  be  levied  by  county  commissioners 
to  pay  costs  suit  prevent  pollution  of 
stream,  when  4717. 

Proof  of  payment  of,  not  required  1992. 

Property  transferred  to  avoid,  unlawful 
3679. 

Unredeemed  warrants  receivable  for  1683. 
Teachers.     See  Public  Schools. 
Teachers'  institute.     See  Public  Schools. 
Teachers,  oath  required  to  take  357. 
Teachers,   school   for  instruction  of,   estab- 
lished 357,  4639,  4645. 
Technical    errors    in    criminal    proceedings 

disregarded  7302,  7469. 
Telegraph  4603-4630. 

Act  for  the  regulation  of  the  telegraph, 
and  to  secure  secrecy  and  fidelity  in  the 
transmission  of  telegraphic  messages 
(approved  February  16,  1884)4603-4623. 

Act  to  provide  for  construction  and  main- 
taining telegraph  lines  in  the  State  of 
Nevada  (approved  February  9,  1866) 
1624-4680. 

Agent,  employee  or  operator  using  in- 
formation message,  penalty  4605. 

Altering  or  divulging  message,  proviso 
4603. 

Appeal  from  appraisers'  valuation  on  right 
of  way,  taken  how,  when  4629. 

Appraisers  appointed,  by  whom,  duties 
4629. 

Appraisers,  valuation  on  right  of  way, 
how,  when  4629. 

Authenticity  message  proved,  how  4616. 

Arrest,  authorized  by  4618,  6967. 

Bribery  of  agent,  employee  or  operator, 
penalized,  how  4609. 

California  company  deemed  Nevada  cor- 
poration, how,  when  4622. 

California  company  granted  privileges  in 
Nevada,  when  4623. 

Certificate  of  incorporation  to  file  with 
secretary  of  state  4625. 

Charging  higher  rates,  misdemeanor,  when 
4627. 

Checks,  notes,  bills,  orders  and  agreements 
legally  transmitted,  how  4616. 

Company,  construct  line  over  public  or 
private  lands  4626,  4555. 

Company  formed,  how,  procedure  4625. 

Company  have  private  or  distinguishing 
mark,  filed,  where,  unlawful  to  use  4619. 

Contracts  by,  made  how  4613. 

Copy  legal  instrument  deemed  prima  facie 
evidence,  when  4617. 

Damages  against  company  becomes  lien, 
how,  when  4628. 

Damages  recoverable  violation  act,  how 
4611. 

Delay  unreasonable  sending  or  delivering 
message,  punished,  how  4606,  6712,  6713. 

Delivering  false  or  forged  message,  pen- 
alty 4604. 

Divulging  or  altering  message,  penalty 
4603,  6825. 

Eight-hour  law  for  railroad  operators  3597. 

Eminent  domain  may  be  used  for  5606. 

Employee  exempt  from  jury  or  military 
duty  4612. 

Employee  using  information  obtained,  pen- 
alty 4605. 


Telegraph 


INDEX 


2590 


Telegraph — continued. 

Failure  keep  line  in  repair  forfeits  fran- 
chise, when  4630. 

Failure  send  messages  in  order,  punished, 
how  4606. 

False  or  forged  message  delivered  or 
transmitted,  penalty  4604,  6664. 

Fees  filing  corporation  papers  designated, 
disposed  of,  how  4625. 

Franchise  2139. 

Franchise  forfeited  through  quo  warranto 
proceedings,  how,  when  4630. 

Franchise  revoked  for  failure  keep  line 
in  repair  4630. 

Information  obtained  from  message  used 
by  agent,  employee  or  operator,  pun- 
ished, how  4605. 

Injury  or  obstruction  to  line,  punished, 
how  4610. 

Jury  duty,  employees  exempt  from  4612. 

Larceny  of  message,  penalty  4608. 

Legal  instruments  sent  by,  when  4615. 

Legal  instruments  sent  by,  certified  how, 
by  whom  4617. 

Legal  instruments  sent  by,  deemed  prima 
facie  evidence,  when  4615. 

Legal  instruments  sent  by,  entitled  to  be 
recorded  4615. 

Legal  proof  genuineness  of  message  con- 
sidered, how  4617. 

Lines  constructed  by  whom  4624. 

Lines  governed  by  general  laws  of  state 
4628. 

Lines,  to  have  uniform  valuation  3797. 

Message  aiding  criminal  or  fraudulent 
acts  withheld,  when  4606. 

Message,  altering,  destroying,  divulging, 
delaying  or  opening  6712-6714. 

Message,  altering  or  divulging  4603. 

Message,  deemed  communication  in  writ- 
ing 4613. 

Message,  divulged,  altered,  delayed  or  de- 
stroyed, penalty  4549-4585,  4603,  6712- 
6714,  6825. 

Message,  false,  when  deemed  forgery  6664. 

Message  intercepted,  penalized,  how  6752. 

Message,  knowledge  of,  obtaining  unlaw- 
fully 6712,  6713. 

Messages  sent  in  order  received,  excep- 
tions 4620. 

Messages,  time  of  transmission,  must  show 
6825. 

Messages,  transmitting  false  or  forged 
4604. 

Military  duty,  employees  exempt  from  4612. 

Notice  deemed  actual  notice,  when  4614. 

Notice  of  telegram  deemed  sufficient,  when 
4614. 

Officer  or  employee  using  information  ob- 
tained, penalty  4605. 

Opening  message  wilfully  and  wrongfully, 
punished,  how  4607. 

Operators  and  dispatchers,  eight-hour  law 
to  govern  work  3597. 

Order  transmission  messages,  exceptions 
4606,  4628. 

Orders  of  arrest  and  warrants  ordered 
sent  by,  when,  procedure,  4618,  5371, 
5372,  6967. 

Original  message  preserved,  when,  where 
4616. 


Telegraph — continued. 

Preference  given  messages  transmitted, 
when,  to  whom  4628,  4620. 

Power  of  railroad  commission  to  regulate 
transmission  of  messages  4555. 

Proof  genuineness  message  4617. 

Public  business  sent  free,  when  4628. 

Quo  warranto  remedy  secure  forfeiture 
franchise  4630. 

Railroad  telegraphers,  eight-hour  day  3597. 

Rates  posted,  how,  where  4627,  4555,  355. 

Right  of  way,  may  condemn  for  2138. 

Record  incorporation  companies  construct- 
ive notice  4625. 

Right  of  way  secured,  how  4629. 

Route  proposed  line  filed,  how,  where  4625. 

Service  of  papers  by,  how  made  5371,  5372. 

State  of  Nevada  send  messages  free,  when 
4628. 

Stealing  message,  punished,  how  4608. 

Transmitting  or  delivering  false  or  forged 
message,  penalty  4604. 

Terms,  defined  4621. 

Time  of  transmission  of  message,  failure 
to  show  6825.  * 

Unlawful  use  company's  distinguishing 
mark  4619. 

Unreasonable  delay  in  delivering  or  send- 
ing message  4606. 

Warrants  and  orders  arrest  sent  by,  pro- 
cedure, when  4618,  6767,  5371,  5372. 

Wilful  and  malicious  injury  to  property 
of  company,  penalty  6752. 

Wilfully  and  wrongfully  opening  message, 

punished,  how  4607. 
Telephone  4631-4634. 

Act  to  authorize  county  commissioners  of 
any  of  the  counties  of  the  State  of 
Nevada  to  purchase  or  construct  tele- 
phone lines  4633,  4634. 

Act  to  define  rights  and  responsibilities  of 
owners  of  telephone  lines  in  the  State 
of  Nevada  4631,  4632. 

Companies,  rights  and  responsibilities 
4631-4634. 

Company  may  construct  or  purchase  lines 
4633,  4634. 

County  commissioners,  power  to  acquire, 
when  4633. 

Damage  to  lines,  penalty  4632,  4610,  6752. 

Delaying  or  interrupting  sending  of  mes- 
sage 6752. 

Eminent  domain,  may  be  used  for  5606. 

Franchise  2139. 

Intercepting  message,  penalized,  how  6752. 

Interruption  of  message,  penalty  4632, 
4610,  6752. 

Lines  to  have  uniform  valuation  3797. 

Messages,  power  of  railroad  commission 
to  regulate  4555. 

Petition  signed  by  taxpayers,  to  acquire, 
filed  where  4633. 

Privileges,  same  as  telegraph  4603-4631. 

Rates  may  be  fixed  by  railroad  commis- 
sion, when  4555,  4560,  4562. 

Restrictions  and  responsibilities  same  as 
telegraph  4603-4631. 

Right  of  way,  may  condemn  for,  when, 
how  2138. 

Taxpayers,  number,  sufficient  entitle  county 
commissioners  to  acquire  4633. 


2591 


INDEX 


Towns 


Tel  ephone — cont  inued. 

Telegraph,  restrictions  and  privileges  same 
as  4603-4631. 

Title  acquired  by  county  commissioners 
vests  how  4634. 

Wilful  and  malicious  injury  to  property 

of.  penalty  6752. 
Tenant,    actions   affecting,    procedure.     See 

Civil  Practice. 

Tenancy  in  common,  when  created  1055. 
Tenants  in  common,  husband  and  wife  may 
hold  as  2162. 

Procedure  in  actions  affecting.     See  Civil 

Practice. 
Tender,   in   action  for  recovery  of  money, 

when  costs  not  recoverable  5384. 
Tender  in  payment  of  debt  137. 
Tender  of  appraised  value  of  land  on  con- 
struction of  toll  road  3052. 
Tense,  includes  the  present  as  well  as  the 

future  5475. 

Tenure  of  office,  constitutional  provision  379. 
Term  of  office,  clerk  of  supreme  court  2776. 

Constable  2782. 

County  officers  1501. 

(Mlicors  irrigation  districts  4727. 

Slate  officers  392,  394,  402,  2774. 
Term  of  imprisonment,  two  or  more  convic- 
tions Ti'r.n.  <;:tt)3. 
Terms  of  district  and  supreme  courts  322, 

899. 

Terms  of  district  court,  abolished  4906. 
Terms  and  words  in  civil  practice  act,  de- 
fined 5475. 
Territorial  debt,  state  liable  for,  special  tax 

to  provide  for  ::«M,  408. 
Territorial  laws  continued  in  force  386. 
Territorial   rights  transferred  to  state  385- 

388. 

Territory  of  Nevada,  organization  of  192-208. 
Territory,   when    included   in  word   "state" 

and  words  "United  States"  5475. 
Testamentary  capacity  6202. 
Testify,  embraces  every  oral  statement  made 

under  oath  or  affirmation  5475. 
Testimony.     See    Civil    Practice,    Criminal 
Practice. 

Criminal    action,    taken    by    commission 
7386-7884. 

Judge  may  state  to  jury  327. 

Perpetuating  5464-5473. 

Two  witnesses,  or  confession  required  to 

convict  of  treason  248. 
Text-book  commission  3398-3412.    See  Public 

Schools. 

Threatening  letters,   sending  or  delivering, 
penalty  6437,  6438. 

Public  officer  to  intimidate,  penalty  6364. 

To  publish  libel,  penalty  6433. 
Threats,  for  purposes  of  blackmail,  penalty 
6739. 

For  purposes  of  extortion,  penalty  6437, 
6438. 

For  purpose  of  unlawful  coercion,  penalty 
6740. 

Or  menaces,  crime  committed  under,  pen- 
alty 6268. 
"Things  in  action,"  when  included  in  words 

"personal  property"  and  "property"  5475. 
"Third  degree"  unlawful,  penalty  6807. 
Tickets,  lottery,  sale  of,  forbidden  282. 


Tie  vote  decided,  how  1797.     See  Elections. 
Timber.     See  Forestry. 

And  stone  entries  3163-3167.     See  Public 
Lands. 

Cutting  unlawfully  2114-2116. 

Land,  state,  not  sold  on  contracts  3203. 

May  be  used  by  citizens  of  Nevada,  on 
public  domain  "2414. 

Young  trees,  selling  or  offering  for  sale 

2118. 
Timber,  action  in  trespass  for  cutting,  treble 

damages  5506. 
Timber,  measure  of  damages  for  cutting  for 

repair   public    highway   or   bridge,   what 

5507. 

Time  and  place  hearing  election  contest  1808. 
Time    cheeks,    discounting,    when   unlawful 

6788-6790. 

Time,  computation  of  bankruptcy  573. 
Time,  filing  various  papers  in  actions.     See 

Civil  Practice. 

Time  holding  election  school  trustees  3281. 
Time,  how  computed  5482. 
Time  of  commencing  criminal  actions  6921- 

6826. 

Time  when  trial  must  be  commenced  in  jus- 
tice's court  575(5. 
Title,  action  and  papers  affecting  procedure. 

See  Civil  Practice. 
Title  acquired  to  private  lands  for  mining 

purposes,    proceedings    2459,    2460,    2461, 

6606-5629. 
Title   from   tax   sale   to   pass   to   property, 

when  .">< ;:,:_>. 

Title  of  bill  or  statute,  one  subject  275. 
Title,  subject  of  laws  to  be  expressed  in  275. 

See  Constitution  of  State. 
Tobacco,  sale  of  to  minors,  prohibited,  pen- 
alty 3874,  3875,  6502,  6503. 
Toll,   legality  of,  jurisdiction  of  courts  to 

determine  319,  321. 
Toll    on   water    in    irrigation   district,    how 

levied  and  collected  4767. 
Toll  rates,  may  be  regulated  by  legislature 

278. 

Toll  roads  and  bridges.     See  Public  High- 
ways. 

Toll  roads,  eminent  domain  may  be  used  for 
5606. 

Franchise  of,  action  to  forfeit  3757-3759, 
3049. 

Franchise,    violation    of,    commissioners, 
duties  as  to  3759. 

Legislature  may  regulate  278. 

Map,  to  file  with  surveyor-general  4353. 

Owners  to  pay  percentage  to  treasurer, 
report  to  controller  3055. 

Persons   constructing  may   condemn   pri- 
vate land  3052. 

To  forfeit  franchise  to  3757,  3759. 
Tort,  making  of  claim  under  employers'  lia- 
bility   act,    operates    as    assignment    of 

assignable  cause  of  action  in,  when  1927. 
Town   marshal,   prisoners   in   city  or  town 

jail,  to  have  charge  of  7619. 
Towns.     (Town  Government  Act.) 

Accounts,  inspection  983. 

Action  against,  summons,  how  served  5023. 

Action,  bond  not  required  of  5487. 

Actions   affecting,    procedure.      See    Civil 
Practice. 


Towns 


INDEX 


2592 


Towns — continued. 

Animal  revenue  reports  982. 
Applicable  to  what  towns  892. 
Auditor,  annual  report  of  982. 
Bonded  indebtedness,  redemption  883-885. 
Bonds  for  public  utilities  940-944. 
Bond  for  sewerage  systems  984-990. 
Boundaries,  how  fixed  *S77. 
Chief  of  police,  duties  and  salary  888. 
Claims,  audit  and  allowance  877(15). 
Claims,  how  paid  880. 
Claims,  rejected,  action  on  881. 
Commissioners,  meeting,  quorum  891. 
Condemnation  of  property  877(5,  15). 
Contracting  debt  without  funds  977. 
Costs,  delinquent  tax  suit  999. 
County  clerk,  duties  and  liability  890. 
County  commissioners,  powers  of  govern- 
ment 877,  878. 
County      commissioners,      policemen      in 

towns,  appointment  of  916. 
County  officers,  ex  officio  city  officers  890. 
County    treasurer,    duties    and    liabilities 

889. 

County  treasurer,  moneys  paid  to  879. 
Dangerous    riding   or   driving    in    streets 

6589. 

Debt,  funded,  payment  of  882,  883. 
Debt  in  excessive  funds,  unlawful  977. 
Delinquent  tax  suit,  costs  999. 
Disincorporation,  indebtedness,  how  paid 

882.  883. 

Disincorporation,  provisions  for  967,  974. 
District  -attorney,  duties  of  887. 
Disturbance  in  streets  6589. 
Explosives,  storage  of.  in  877. 
Fire  department  877. 
Fire  department  fund  894.  902. 
Fire  protection  895-907. 
Fire  wardens  903,  907. 
Floating  debt  tax  981. 
Funds  879. 
Funds  of,   not  to  be   used  for   sectarian 

purposes  362. 

Funds  of  transfer  of  surplus  894. 
Emergency  tax  979. 
Incorporation,  petition  for  892. 
Health,  board  of  877. 
Justice  of  peace,  jurisdiction  886. 
Leases,  limited  to  20  years  1092. 
Licensed  taxes  877(9, 10). 
Live  stock  not  to  run  at  large  in  2328-2331. 
Light  systems,  provisions  for  940-953. 
Lots  or  property  in,  leases  limited  to  20 

years  1092. 

PLots.  sale  of  without  plat  filed,  penalty 
959. 

Maps  and  plats,  recording  of  965,  966. 
Moneys,  received  by  any  officer  paid  to 

county  treasurer  879. 
Municipal    improvements,   bonds  for  991- 

998. 

Nuisances  877. 

Nuisances  in,  abatement  of  919-921. 
Officer,  failing  to  prevent  stock  running 

at  large  in  2265. 
Officer  refusing  information  to  examiner, 

penalty  983. 

Ordinances,  adoption  and  violation  of  877. 
Peace  officers  888. 
Petition  for  incorporation  892. 


Towns — continued. 

Plat  of  land  by  private  owner,  provisions 
for  955-966. 

Plat  of  land,  vacation  of  960-964. 

Police  department  fund  911. 

Policemen,  how  appointed  916. 
Provisions  for  908-918. 
When  fire  warden  903. 

Property,  control  of  877. 

Redemption  of  bonded  indebtedness  883- 
885. 

Revenue  and  taxes  975-983. 

Revenue,  duty  of  state  board  of  revenue 
982-983. 

Salaries  and  expenses,  how  paid  880. 

Sewerage  systems,  provisions  for  940-953, 
984-990. 

Sheep  not  to  be  grazed  within  three  miles 
of  2317. 

Sheep  not  to  run  at  large  in  2328-2331. 

Special  assessment,  improvement  of  streets 
and  alleys  929-939. 

Special    assessment,    municipal    improve- 
ments 992-998. 

Streets,  alleys  and  public  places,  dedica- 
tion of  958. 

Streets  and  alleys  877. 

Streets  and  alleys,  fast  riding,  driving  or 
disturbance  upon  6589. 

Streets  and  alleys,  franchise  may  use  2129. 

Streets  and  alleys,   improvement  of  922- 
939. 

Streets  and  alleys,  obstructing  or  flowing 
water  on  3009. 

Street  improvement  bonds  991-998. 

Suits  by  and  against  877. 

Swine,  goats  or  sheep  not  to  run  at  large 
in  2328-2331. 

Tax  levy  and  collection  877. 

Taxes,  levy  and  collection  878. 

Tax  rate  limited  975,  976. 

Town  government,  general  act  877-893. 

Water  system,  provisions  for  940-953. 
Towns,    constitutional    provisions,    corpora- 
tions, other  than  railroad,  forbidden  to 
take  stock  in  347. 

Indebtedness  or  liability  to,  local  or  special 
law  releasing,  invalid  278. 

Legislature   to   provide   for   organization 
of,  and  restrict  powers  345. 

Provide  for  support  of  officers  405. 

Railroads,  may  loan  credit  to  or  become 
stockholder  in  347. 

State  not  to  assume  debt  of,  unless  for 
public  defense  351. 

Taxation,    legislature   to    restrict   powers 

of  345. 
Township,  boundaries  changed,  effect  2784. 

Business,  local  or  special  law  regulating, 
not  to  be  passed  278 

Commissioners  to  determine  2782. 

Commissioners  to  specify  1508. 

Coroner's  district  7542,  7559. 

Creation  and  division  1508. 

Established,    how,    change   of   boundaries 
2782-2785. 

Government,  legislature  to  establish  uni- 
form system  of  283. 

Justice  court,  action  in,  what  5715. 

Justice  court,  to  have  323. 

Officers  elected,  by  whom  2773. 


2593 


INDEX 


Trustee 


Township  —  -continued. 

Officers'  fees,  legislature  may  regulate  278. 
(  Mfieers.  law  books  to  receive  29:54. 
Officers,    local    or   special    law    regulating 

elections  27X. 
Oiiicers.     soldiers.     pension     fees.     not    to 

charge  :'>'.»]  4. 

Plats,  state  land  register  to  procure  3197. 
To\vnsites.     See     Federal     Townsite.     Civil 

Practice. 

(  '<  unity-seats,  federal  1953. 
Federal,  district  judge  may  enter  as  trus- 

tee 1961. 
on    mineral    land    authorized,    how    241S. 

Se<-  Mines  and  Mining. 
Town  trustees,  convicts,  labor  of,  may  utilize 


Train    crew,    number    of,    regulated    3588, 


Transacting   business   under  assumed  name. 

when  unlawful  6728-G731. 
Transcript,  papers  in  and  pertaining  to.     See 

Civil  Practice,  Criminal  Practice. 
Transfer  of  case,  from  justice's  court  to  dis- 

trict court  r.71'1,  rule  xxxviii.  p.  1430. 
Transfer  of  mines  1102. 
Transfer  of  property  to  avoid  taxes,  unlaw- 

ful :;r,7'.». 

Transfer  of  stock  r,.",7. 
Transfer  of  voter,  bow  secured.     See  Elec- 

tions. 

Transient  stock,  certificate  3846,  3847. 
Transient   stock,  duties  of  commissioners  as 

to  taxes  on,  suit  for  3853,  3855,  3859. 
Transient  stock,  taxes  on  3850. 
Translators,  fees  of  IMIC. 
Transported   free,  certain  property  may  be 


Trademarks  1(^35-4637. 

Counterfeiting  of.  damages  for  4646,  4637. 
Counterfeit  ini:  of,  damages  for,  attorney's 

fees  4i  ;:;»;. 

Counterfeit  ing  of,  may  be  enjoined  4636. 
Counterfeiting  of,  damages  for  4636,  4637. 

6688-6694. 

Evidence,  certificate  of  record  to  be  4635. 
Exclusive  use  of  4r,:',i;. 
Filing  fee  4635. 
Protection  of  4635. 
Stamps,  labels  or  designs,  counterfeiting 

4»;1<».  r,4:57.  (5089-6694. 
To  be  tiled  with  secretary  of  state  4635. 
Traveling  expenses,  district  judge  4907. 
Treason,  constitutional  provisions  concern- 

ing 248,  250,  306,  308. 
Defined  248,  6308-6310. 
Governor,  power  to  suspend  sentence  306. 
Levying  war,  wbat  deemed  6309. 
Legislature,    wben    may    exercise    power 

concerning  306. 
Misprision  of  6310. 

Of  what  consists,  evidence,  requisite  157. 
Pardoning  power  restricted  307. 
Treasurer.    'See    County    Treasurer,    State 

Treasurer. 
Accounts,   to   keep   with   state   controller 

4174. 

Accounts,  to  receipt  to  controller  4174. 
Action  against,  commissioners  may  direct 

3650. 
Annual     settlement    with    commissioners 

1686. 


T  rea  su  rer — cont  inued. 

Bond  of  commissioners,  to  approve  1675. 
Commissioners,   may  examine   books  and 

money  of  1680. 

Commissioners  to  allow  certain  compensa- 
tion to  3671. 
Delinquent,    commissioners    may    remove 

1685. 
Fee  or  salary  of  public  officer,  if  garnished 

may  pay  into  court  2865. 
Maybe  removed  or  suspended  and  another 
appointed    to    perform    duties   pending 
charges  3753. 
Of  corporat-ion,  deposition  may  be  taken 

5464 
Report  of,  original  draft  may  be  sent  to 

governor  201".  >. 

Ueport.  to  include  with  session  laws  4334. 
State,    county    or    city,    misappropriating 
funds  01-  securities  or  other  malfeasance 
or  misfeasance  in  office  6660. 
To  report  to  commissioners  quarterly  3746. 
Treasury,  county.     See  County  Treasurer. 
Treasury,  state,  amount  of  money  in,  board 
examiners  to  file  and  publish  affidavit  4456. 
Treasury,  state,  money  drawn  from,  how  4175, 

4370,  4372.     See  State  Treasurer. 
"Treasury  stock,"  defined  1334. 
Treaties,  published  by  Little  &  Brown,  are 

evidence  529. 

Trees,  action  in  trespass  for  cutting  or  injur- 
ing, treble  damages  5506. 
Measure  of  damages  for  cutting,  for  repair 

of  public  highway  or  bridge  5507. 
Trespass,   action    for    5504-5513.     See    Civil 

Practice. 

For  cutting  timber,  action  for,  treble  dam- 
ages 55(M>. 
Measure  of  damages  for  extraction  of  ore 

from  mine  5509. 
Of  animals  on  grounds  enclosed  by  lawful 

fence,  damages  2332. 
Of  live  stock,  damages  and  attorney's  fees 

recovered  2335-2337. 

On  mine,  application  for  underground  sur- 
vey 5511. 

On  real  property,  action  for  may  be  com- 
menced within  3  years,  but  if  in  under- 
ground mine  within  3  years  after  discov- 
ery of  facts  4967. 

Upon  church  or  school  property  6760,  6761. 
When  unlawful  6765-6769. 
Trial,  civil  5195-5229.     See  Civil  Practice. 
Criminal  7159-7226.    See  Criminal  Practice. 
By  jury  guaranteed  232. 
Of  indictment,  conviction  of  lesser  degree 

or  attempt  6290. 

Place  of.     See  Criminal  Practice. 
Tribunal,  inferior,  appeal  from,  district  court 

has  final  jurisdiction  321. 
When  writ  may  be  directed  to,  and   how 

returnable  5686. 

Truancy  of  school  child  3444,  3448. 
Trust  company,  bank  may  do  business  of  620. 
Trust  company,  how  taxed  3790. 
Trust,  property  held  in  3667,  3668,  3670. 
Trusts.     See  Statute  of  Frauds  under  Con- 
veyances. 
Trustee,   actions  affecting,    procedure.     See 

Civil  Practice. 
Trustee,  duties  of  in  relation  to  estates  5955. 


Trustee  in  bankruptcy 


INDEX 


2594 


Trustee  in  bankruptcy  575. 

Trustees  may  discharge  trust  after  going  out 
of  office  1988. 

Trustees  of  corporations.     See  Corporations. 

Trustees  of  schools  3278-3313.  See  Public 
Schools. 

Truth  may  be  given  in  evidence  in  actions 
for  libel  and  slander  5074. 

Tunnel,  buildings  at  mouth  of,  regulations 
4224,  4225. 

Tunnel  companies,  legislature  may  fix  rates 
278.  See  Corporations. 

Tunnel  exit  to  surface  4225. 

Tunnel,  location  of  2440-2443.  • 

Tunnel  right,  how  located  2440,  2381.  See 
Mines  and  Mining. 

Twenty-one,  gambling  game,  penalty  for  play- 
ing 6518. 

Two  or  more  convictions,  imprisonment  on 
6003,  7256. 

Typewriting,  included  in  writing  5475. 

Typewriting  or  printing  of  statement  on  ap- 
peal, costs  not  allowed  for  surplusage  5333. 

Typewriting  testimony  in  statement  on  appeal, 
costs  of,  not  allowed  in  certain  cases  5333. 

Typewritten  or  printed  transcript,  may  be 
furnished  on  appeal  5357. 

Typists  and  stenographers.  See  Stenogra- 
phers and  Typists. 

U 

Unappropriated  waters,  prior  right  to,  how 
acquired  4678. 

Unborn  quick  child,  killing  6403. 

Unclaimed  estate,  disposition  of  6092. 

Unclaimed  freight,  sale  of  537-542. 

Underground  mines,  eight  hours  day's  work 
1941,  1942,  6554,  6556.     See  Mines  and  Min- 
ing- 
Underground  waters,  rulings  of  state  engineer 
relative  to  appropriating  4695. 

Undertakers.     See  Board  of  Embalmers  4445- 

4454. 

Must    register   with   local    health   officer, 
when  2967. 

Undertakings  on  appeal,  and  for  writs,  and 
when  otherwise  required.  See  Civil  Prac- 
tice. 

Undertakings.  See  Bonds  and  Undertak- 
ings. 

Undue  influence  at  elections,  legislature  to 
pass  laws  preventing  285. 

Unfenced  and  unimproved  lands  held  in  pri- 
vate ownership,  subject  to  exploration  and 
condemnation  for  mines  2458-2462. 

Union  label,  counterfeiting  of  4637. 

Union  label  on  state  printing  4309. 

Union  school  3322-3325.  See  Public  Schools. 

United  States,  agricultural  experiment  sta- 
tions, aid  to  by  4655. 
Armed  force,  may  employ  231. 
Army  officer  may  call  militia,  when  3982. 
Bankruptcy  law,  543-615.    See  Bankruptcy. 
Bonds,  school  moneys,  investment  in  355. 
Bureau  of  animal  industry  4390. 
Constitution    86-191.     See    Constitution  of 

United  States. 

Consul,  minister  or  embassador,  to  certify 
to  judicial  record  of  foreign  country  5411. 
Convicts,  to  be  received  at  state  prison  and 
confined,  when  757. 


United  States— continued. 

Convicts,  when  escape  from  county  jail, 
who  liable  for  7610. 

Deputv  surveyor,  may  be  employed  by 
applicants  for  mineral  land,  when  2396, 
2377.  See  Mines  and  Mining. 

District  attorney,  duty  bring  action  for 
unlawful  enclosure  public  lands  3174. 

District  attorney,  duty  set  aside  natural- 
ization decrees,  when  2528.  See  Naturali- 
zation. 

Federal  jurisdiction  concurrent  with  state 
1949. 

Geological  survey,  records  to  be  consulted 
by  state  engineer,  when  4688. 

Government  officers,  jurisdiction  ceded 
over  1951. 

Governor  not  to  hold  office  under  305. 

Land  exempt  from  taxation  1950, 1952. 

Land  grants  to  state  3179-3195.  See  Public 
Lands. 

Land  grants  to  state,  dedicated'  to  educa- 
tional purposes  355. 

Land  laws  3063-3178. 

Land  office  to  determine  contest,  mineral 
or  agricultural  character  of  land  2397. 

Laws  published  by  Little  &  Brown  .to  be 
evidence,  when  529. 

Marshals,  may  call  militia,  when  3982. 

Mining  laws  3375-2421.  See  Mines  and 
Mining. 

Naturalization  laws  2506-2544. 

Officers,  restrictions  as  to  holding  state  office 
267,  305. 

Postoffice,  federal  jurisdiction  of  1949. 

Postoffice,  land  for.  jurisdiction  ceded  over 
1951. 

Powers  not  delegated  to,  reserved  to  states 
180. 

Prisoners,  to  receive  in  prisons  or  jails  7610. 

Property  exempt  from  taxation  228,  3621. 
See  Revenue. 

Public  buildings  of,  jurisdiction  ceded  over 
1951. 

Public  uses,  eminent  domain  may  be  exer- 
cised for,  when  5606. 

Records  of,  how  may  be  proved  5408,  5409. 

Revised  statutes  of,  relating  to  authentica- 
tion of  records  526-529. 

Senator,  age  of  95. 

Senator,  election  of  292,  1896-1914,  2765. 
See  Elections. 

Senator,  election  of,  Congress  may  regulate 
109. 

Senator,  qualifications  of  95,  107. 

Statutes,  relating  to  naturalization  2506- 
2544. 

When  not  bound  by  judgment  in  action  to 
determine  adverse  claim  to  real  property 
5524. 
Unknown  defendants,  how  to  be  described  in 

complaint   to  determine  adverse  claim  to 

real  property  5522. 

Unknown  heirs,  may  be  made  parties  in  action 
regarding  real  property  5009,  5010. 

Owners  of  property,  how  assessed  3624. 

Service  of  summons  of  publication  5028. 
Unknown    owners,    disposition    of  proceeds 

belonging  to,  in  actions  for  partition  5566, 

5567. 


2595 


INDEX 


University  of  Nevada 


Unknown  parties,  may  be  served  with  sum- 
mons by  publication  5030. 
University  of  Nevada  4638-4670. 

Academic  degree,  diploma,  cause  for  revo- 
cation of  4645. 

Academic  degree,  diploma  of  4645. 
Acts  of  Congress  in  aid  of  agricultural  col- 
lege 4655. 

Affairs  of,  president  to  manage  4646. 
Agricultural  college  established  4656. 
Agricultural  colleges  and  agricultural  ex- 
periment station,  act  of  Congress  in  aid 

of  4655. 

Agricultural    experiment    station,    accept- 
ance of  federal  aid  460,  461,  464. 

Board  of  control  457-4< '>:-;. 

Board  of  control  to  report  to  governor 
2929. 

Federal  act  establishing  4655. 

Funds,  disposition  of  458,  462. 

Pure  food  and  drug  act,  duties  concern- 
ing 3497-3506.  See  Pure  Food  and  Drug 
Law. 

Reports,  publication  of  459,  4«»:;. 
Agricultural  school  established  in  356,  4639, 

4656. 

Annual  report,  president  to  make  4644. 
Annual  report  to  governor  4641. 
Assistant  teachers,  president  to  employ  4646. 
Board  of  .examiners  to  pass  on  expenses 

4650. 

Board  of  regents,  board  of  control  of  agri- 
cultural experiment  station  457. 

Chairman  to  be  appointed  4642. 

Clerk,  duties,  qualifications,  salary  4642. 

Compensation,  none  4642. 

Constitutional  provisions  concerrfing  359. 

Election  of  4640. 

Expenses  of  4642. 

Governor,  annual  reports  to  4641,  4658. 

Meetings  of  4642,  4643. 

Number  of  4640. 

Oath  of  4640. 

Powers  and  duties  of  4641,  4657. 

Quarterly  and  special  meetings  4643. 

Record  of  proceedings  open  to  public 
inspection  4642. 

Register,  to  submit  to  governor  2929. 

Reports  to  governor  2929,  4641,  4658. 

State  hygienic  laboratory,  to  appoint 
director  and  assistant  in  3942,  3943. 

Term  of  office  4640. 

Vacancy,  governor  to  fill  4640. 
Board  of  visitors,  chief  justice,  chairman 
4666. 

Composed  of  4666. 

Duties  of  4668. 

Expenses  allowed  4670. 

Governor  to  appoint  4667. 

Meetings  of  4668. 

No  compensation  4670. 

Notice  of  annual  meeting,  to  be  given  4669. 

Term  of  office  4666. 

To  report  to  governor  4668. 
Books,  duplicate   copies    in    state   library 

transferred  to  3961 . 
Branches  of  learning  required  to  be  taught 

in  4639. 

Cadets,  liable  to  call  for  service  4665. 
Cadets,  officers  of  and  commissions  4664. 
Cadets  may  resign,  when  4665. 


University  of  Nevada — continued. 

Cadet  commissions,  governor  to  issue  4664. 
Cadet  commissions,  revocation  of  4664. 
Clerk  of  regents,  qualifications  and  duties, 

salary  4642. 

Color,  no  discrimination  as  to  4647. 
Constitutional  provisions,  departments  of 
356. 

Controlled,  how  359. 

General  provisions  concerning  356-362. 

Fund  for  support,  restrictions  355,  357. 

Interest  on  school   fund,  apportionment 
355. 

Oath  of  professors  and  teachers  in  357. 

Regents,  first  board  of  359. 

Sectarian  instruction  prohibited  361. 

Special  tax  for  358. 

Students,  residence,  not  to  gain  or  lose 

261. 
Contracts,  regents  not  to  be  interested  in, 

penalty  4651,6331. 
Corporate  name  4638. 
Course  of  study  to  be  prescribed  4641. 
Degrees  and  diplomas  conferred  4645. 
Diplomas  of  graduation,  what  may  issue 

4645. 

Diplomas,  revocation  of,  for  cause  4641. 
Discrimination  in  admission  of  pupils  on 

account  of  sex,  race  or  color,  forbidden 

4647. 
Duplicate  copies  of  books  transferred  to, 

from  state  library  3961. 
Election  of  board  of  regents  4640. 
Expenses,  board  of  examiners  to  pass  upon 

4650. 

Expenses  of  board  of  regents  4642. 
Experiment    stations   (U.  S.)    established, 

how  4655(1). 

Free,  tuition  shall  be  4648. 
Governor,  annual  report  to  2929,  4641,  4658. 

Cadet  commission,  to  issue  4664. 

Honorary  board  of  visitors,  to  appoint 
4667. 

Register,  regents  to  submit  to  2929. 

Vacancies  in  regents,  to  fill  4640. 
Graduates,  diplomas,  to  receive  4645. 
Graduation,  standard  of,  to  be  prescribed 

4641. 
Honorary  board  of  visitors  4666-4670.     See 

Board  of  Visitors,  supra. 
Hygienic  laboratory  established  [at   3941- 

3945. 
Irreducible   university    fund,  land   grant, 

sale  of  4653. 
Inspector  of  mines  to  furnish  specimens  to 

mining  school  4201. 
Irreducible  fund,  created  4653. 
Land  grants,  accepted  4659. 
Land  grants,  proceeds  of  4657. 
Legal  corporate  name  4638. 
Library,  transfer  of  books  to  and  from  state 

library  3961. 
Location  of  4652. 
Mechanic    arts,   school   of,  established    in 

4639,  4656,  356. 

Meetings  of  regents,  when  4642. 
Minerals,  analysis  of  4660. 
Minerals,  analysis  of,  duplicate  sent,  when 

4661. 
Minerals,  analysis  of,  record  of  to  be  kept 

4660. 


University  of  Nevada 


INDEX 


2596 


University  of  Nevada — continued. 

Minerals,  samples    analyzed    in    order   re- 
ceived 4662. 

Mining  school  established  in  4639,  4656, 356. 
Monthly  statements  to  regents  4646. 
Nevada  state  normal  school  4645. 
Normal  school  established  357,  4639-4645. 
Normal  school  graduates,  teachers'  certifi- 
cates 4645. 
Normal    school    graduates,   to    report   to 

president  4645. 

Permanent  establishment  of  4654. 
President  of,  affairs  of,  to  manage  4646. 

Analysis  of  minerals,  to  cause  to  be  made 
4660. 

Annual  report    regents,    to  transmit  to 
governor  4641. 

Annual  report,  to  make  4643. 

Board  of  education,  member  of  3239. 

Commission  of  cadets,  to  assent  to  4664. 

Degrees  and    diplomas,   to    recommend 
4645. 

Normal  graduates  to  report  to  4645. 

Notice  to  be  given  to  honorary  board  of 
visitors  4669. 

Qualifications  and  indorsements  4641. 

Regents  to  appoint  4641. 

State  board  of  education,  member  of  3239. 

State  text-book  commission,  member  of 


Training  and  model  schools  to  be  estab- 
lished 4641. 
Public  inspection,   records,    accounts  and 

proceedings  open  to  4641-4642. 
Race,  no  discrimination  as  to  4647. 
Records,  public  4641,  4642. 
Regents.     See  Board  of  Regents,  supra. 
Removal,  effect  of  4654. 
Reno,  located  at  4652. 
Report,  president  to  make  annual  4644. 
Report  to  governor,  regents  to  make  4658, 

4641. 
Sample  assays    for  gold  and  silver,   how 

returned  4663. 

Schools  to  be  established  4639. 
Sex,  no  discrimination  as  to  4647. 
Specimens  of  ore,  inspector  of    mines  to 

furnish  4201. 
State    hygienic    laboratory    established    at 

3941-3945.     See  Hygienic  Laboratory. 
Students,  no  discrimination  to  be  made4647. 
Students,  qualifications  of  4647. 
Students,  residence  not  gained  or  lost  358. 
Superintendent    of    public    instruction,   to 
report  to  regents  4649. 

To  visit  4649. 
Tax  levy  for  3617. 

Teachers,  school  for  instruction  of,  estab- 
lished in  3649,  4645,  357. 
Tuition,  to  be  free  4648. 
University  established  4656. 
Vacancy  in  regents,  governor  to  fill  4640. 
Unlawful  assembly,  defined  6595. 
Unlawful  assembly,  destruction  of  property 

by  6612. 

Unlawful  assembly,  duty  of  officers  to  dis- 
perse 2836-2838. 
Unlawful  certification  of  bank  check  or  draft 

647. 

/Unlawful  detainer,  action  in,  procedure 5601. 
See  Civil  Practice. 


"^Unlawful  detainer, jurisdiction  courts  321,  323. 

Unlawful  dispossession  6806. 

Unlawful  entry  and  detainer, evidence  regard- 
ing may  be  given  in  justice's  court  5721. 

Unlawful  fees,  taking  of.  penalty  2024. 

Unlawful  holding  office, penalty  for  1814, 1815. 

Unlawful  to  loan  on  stock  of  stockholders  658. 

Unprofessional  conduct  medical  profession, 
defined  2369. 

Unreasonable  delay  in  rendering  decision  by 
courts,  4886. 

Unwholesome  substance,  depositing  or  keep- 
ing near  highway  or  stream  6546. 

Use  of  water,  existing  rights  thereto,  to  be 
respected  4673. 

Use  of  water,  limited  to  beneficial  uses  4674, 
3105,  and  note  preceding  4672. 

Users  of  water  failing  to  install  headgates  and 
weirs,  punished  4709. 

Uses,  for  which  eminent  domain  may  be  used 
5606. 

Usufructuary  right  to  water,  defined  4674, 
3105,  and  note  preceding  4672. 

Usurping  office.     See  Elections. 

Utilities,  public,  public  service  commission  to 
control  4515-4548.  See  Public  Service  Com- 
mission. 

Uttering,  offering  or  disposing  as  true  or  hav- 
ing in  possession  with  such  intent,  any 
forged  writing  or  instrument  6667. 

Uttering  or  passing  fictitious  check,  bill  or 
other  paper  6(565 . 


Vacancy,  appointee  to  hold  until  next  elec- 
tion 301. 

Caused  by  removal,  filled  how  334-336,  2801. 

County  clerk  to  certify  to  2795. 

County  commissioners  to  declare  and  fill 
1518,  1607,  2802,  2805,  2813,  2853,  2874, 
2892.  See  County  Commissioners. 

Directors  of  corporation,  in,  how  filled  1223. 

How  filled  301,  1518,  1607,  1837,  2709,  2802. 
2805,  2812,  2813,  2853,  2854,  2874,  2882. 

How  occasioned  2799,  2802. 

In  governor's  office,  who  succeeds  310. 

In  legislature,  governor  to  issue  writ  to  fill 
270. 

In  office,  governor  to  fill,  when  301,  406. 

In  office  of  judge  or  failure  of  term,  not  to 
affect  action  4884. 

In  office,  to  be  filled  pending  appeal  from 
judgment  removing  officer  for  malfeas- 
ance 2854. 

Irrigation  district  officers,  how  filled  4729. 

Judicial  officer  removed  by  legislature, 
member  not  eligible  for  336. 

Justice,  of  supreme  court,  governor  may  fill 
301,  2812,  4831. 

Officers,  on  whom  devolve  power  to  fill, 
duties  of  334-336,  2801. 

Pertaining  to  officers  elected  and  elections 
1837. 

School  trustees  filled,  how  3301,  3302. 
Vacating  roads,  streets    or   public    squares, 

local  or  special  laws  for,  invalid  27S. 
Vacation    of  judgment,  order  or  proceeding 

not  to  be  made  in  district  court  unless  upon 

notice  within  six  months,  rule  xlv,  p.  1431. 
Vacation,  powers  of  district  court  in  4842,4850. 
Vagrancy,  defined  6619. 


2597 


INDEX 


\Yiirden  of  state  prison 


Vagrants,  and   disorderly  persons,  city  may 
regulate  794(78,  74.  75). 

Employment  of  6620-6623. 

Refusal  to  work,  punished,  how  6622. 
Validation  of  restored  records  563'.  >. 
Valuations,  how    placed    on  property  3838. 

See  Revenue. 
Valuations,  how  placed  on  property,  and  basis 

of  determining  value  of  land  condemned 

for  mines,  and  mining  purposes  24*  >2. 
Valuations,   list    of    property    prepared    by 

assessor,  how,  when  3632.   "See  Revenue. 
Variance  in  pleadings,  civil  5080-5086.     See 

Civil  Practice. 
Vein  or  ledge  cannot  be  followed  beyond  end 

lines,  when  2425-2426,  2380.     See  Mines  and 

Mining. 
Vending  without   license,   prohibited,  when 

6808,  6810.     See  Licenses,  under  Revenue. 
Venire,  alias,  for  jurors  in  civil  action  in  jus- 
tice's court  57 

Justice  of  the  peace  to  issue,  in  action  for 
abuse  apprentices  P.M. 

Of  trial  jurors,  open  to  inspection  4930. 

Sheriff  to  summon,  when,  how  4930.     See 

Jury,  Grand  .Jury. 
Ventilation  of  mines  4231. 
Venue.    See  Civil  Practice,  Criminal  Practice. 

Legislature  not  to  pass  local  or  special  law 

for  change  of  27s. 
Verdict  of  jury.    See  Civil  Practice,  Criminal 

Practice. 
Verdict,  legislature  may  require  unanimous, 

in  civil  cases  232. 
Verification  of  pleadings.    See  Civil  Practice. 

Civil  action,  district  court  50«i<)-5i>6L 

Civil  action,  justice's  court  5721,  5770. 

Tax  suit,  answer  in  :i(i<i4. 
Vermin ,  inspectors,  appointment  of  and  duties 

464-455. 
Vested   mining  rights   in   irrigation  districts 

not  disturbed  by  irrigation  projects  4788. 

See  Water. 
Veto  power  of  governor,  legislature  may  pass 

act  over  293. 
Vice-president  of  corporation,  deposition  of 

may  be  taken  5770. 

Vice-president  of   United    States,   qualifica- 
tions, term,  eligibility,  election  of  97,  140, 

142,  145. 
Vicious  animal,  allow  ing  at  large,  prohibited, 

when  6591. 

Vicious  dog,  unlawful  to  keep,  when  6441. 
View  by  jury,  when  allowed,  duty  of  officer 

in  charge  7191,  5211. 
Viewers,  to  be  employed  in  proceedings  for 

erection  of  partition  fences  3604-3608. 
Village  property,  exempt  from  taxes,  when 

3621.     See  Revenue. 

Violation  of  laws.     See  Crimes  and  Punish- 
ments, and  the  several  subjects  indexed. 
Virginia  school  of  mines,  creation  and  con- 
trol of  4671. 

Salary  of  principal  4671. 
Voluntary  manslaughter,  defined  6387-6389. 

See  Manslaughter. 

Volunteer  corps,  legislature  to  encourage  363. 
Volunteers,  votes,  manner  of  taking  1889.  See 

Elections. 
Volunteer  weather  stations  4406,  4409. 


Vote.     See  Elections. 

Lieutenant-governor  as  president  of  senate 

has  casting  310. 
Of  legislature,  vivavoce  254. 
Of  people,  by  ballot  254. 
Plurality  constitutes  choice  382. 
Soldiers  and  sailors,  right  to,  without  pay- 
ing poll  tax  252. 
Voters.     See  Elections. 

Approval  or  rejection  of  law  by,  on  sub- 
mission to  people,  effect  413. 
Corrupting,  intimidating  or  deceiving,  pro- 
hibited 6802,  6803. 
Qualifications  of  250. 
Ten  per  cent  mav  petition  for  referendum 

412. 

Voting,  manner  of  1753.     See  Elections. 
Voting  places  1865.     See  Elections. 
Voting  power  of  stockholders  in  corporation 

1121.     See  Corporations. 
Vouchers  for  claims  against  state  to  be  sent 
by  county  treasurer  to  controller  for  final 
settlement,  when,  how  3749.     See  Revenue. 

W 

\Vaues,  employee  of  insolvent  corporation  has 

1>  ret  erred  lien  1 1S7. 
Liable  for  poll  tax,  when  3718. 
May  be  garnished   for  poll  tax,  how  and 

when  37 IS.     See  Revenue. 
1  'referred  claims  against,  attachment,  action 

on  5493-5494. 
Preferred  claim   against  estates    deceased 

persons  6145. 

Preferred    claim  against,  \\lien  5493,5494. 
Preferred  claim,  lien  by  employee  against 

insolvent  corporation,  when  1034. 
Procedure  for  recovery  as  preferred  claim 

against  execution  or  attachment  5404. 
Waiver  of  right  to  move  for  new  trial  5328. 
Waiver,  what  constitutes,  ho w  and  when  made. 

See  Civil  Practice. 

War.     See  Constitution  of  United  States. 
Compensation   to    be   made    for   property 

taken  for  public  use  in  237. 
Soldiers  not  to  be  quartered  on  citizen  241. 
When  suspends  statute  of  limitations  4979. 
Ward,   actions    affecting,   rights,    privileges, 

obligations.     See  Guardians. 
Action  for  seduction  of  or  injury  to  4995, 

4996. 
Action  to  becommenced  on  guardian's  bond 

within  3  years  6185. 
Guardian    may  join,  in   partition    of   real 

estate  6166. 

Warden,  fish  and  game,  appointment,  duties 
and    removal    2052-2054.      See    Fish    and 
Game. 
Warden  of  state  prison.    See  State  Prison  and 

Jails. 
Allowing  prisoners  to  escape,  expense  of 

recapture  not  to  be  paid  by  state  7595. 
Books  and  papers  of,  open  to  inspection 

7575. 

Death  sentence,  when  to  execute  7274,  7281. 
Duties  and  powers  of  7565. 
How  to  be  elected,  chief  executive  officer 

of  prison,  salary  of,  to  reside  at  prison 

7564. 
May  issue  warrants  for  escaped  prisoners 

7594. 


Warden  of  state  prison 


INDEX 


2598 


Warden  of  state  prison — continued. 
Not  to  -recommend  commutation  of  con- 
victs who  attempt  to  escape  7581. 
Salary  of  and  how  paid  7593. 
To  advance  funds  to  paroled  prisoners  7632. 
To  certify  to  board  of   commissioners  ac- 
counts for  supplies  furnished  7567. 
To  certify  to  controller  expense  of  keeping 

United  States  convicts  7577. 
To  certify  under  oath  to  board  of  prison 
commissioners  sums  due  for  articles  sold 
or  labor  performed  7573. 
To  direct  work  of  convicts  on  public  high- 
ways 7599. 

To  estimate  one  year's  supplies  7568. 
To  execute  bond",  approved  by  chief  justice 

7562. 

To    make    duplicate  statement  of  articles 
manufactured  and  sold  and  money  col- 
lected 7588,  7589. 
To  make  monthly  requisition  for  supplies 

7566. 
To  make  rules  conducive  to  reformation 

of  convicts  7584. 

To  make  rules  for  separation  and  classifica- 
tion of  prisoners  7584. 
To  pay  convicts  $25  when  discharged  7596. 
To  recommend  convicts  for  work  on  public 

highways  7598. 

To  separate  convicts  into  three  grades  7583. 
When  not  liable  for  forfeiture  for  escape  of 
convicts  employed  without  prison  walls 
by  order  of  commissioners  7571. 
Warehouseman,  carrier  liable  as  538. 
Warrant  of  arrest.     See  Civil  Practice,  Crimi- 
nal Practice. 
Bench  7037,  7246-7250. 
Form  of  7473. 
May  be  sent  by  telegraph,  when  4618,  5371, 

5372,6767. 

To  be  shown,  when  6959. 
Warrant,  search  247.     See  Criminal  Practice 

7415-7433. 

Warrants,  state  or  county.     See  State  Con- 
troller, County  Auditor. 
Washoe    County,   creation,  boundaries    and 

seat  390,  409,  1444,  1447,  1450,  1483-1485. 
Waste,    actions    for    5504-5513.      See    Civil 

Practice. 

Waste  ditches,  right  of  way  through  private 

lands,  how  acquired  4712-4714.    See  Water. 

Waste,  during  foreclosure  may  be  enjoined 

5519,  5520. 

Waste,  during  period  allowed  for  redemption 
of   real    property   sold    under    execution, 
defined  5304. 
Waste  on  real  property,  action  for  may  be 

commenced  within  three  years  4967. 
Waste  of  water  not  permitted,  when  4675. 

WATER 

[See  Artesian  Wells  and  Bounties,  Mines 
and  Mining,  Public  Lands.] 
Action  against  user  across  highway  3024. 
Action  for  damages  against  those  polluting 

streams  exists,  when  4719. 
Action  to  restore  lost  will  or  deed  to  water 

rights  5633,  5639. 
Act  of  Congress  of  1866,  2401. 
Acts   of   Congress,    note   preceding    section 

4672. 


Adjacent  lands,  how  annexed  to  irrigation 
district  4771. 

Administrators  and  guardians  may  sign 
petition  annex  lands  to  irrigation  dis- 
trict when  4772. 

Agent  for  state,  state  engineer,  select  Carey 
act  lands,  compensation  3090. 

Appeal  allowed  from  findings  appraisers  set- 
ting valuation  private  lands  appropriated 
by  ditch  or  flume  builders  4711. 

Appeal,  parties  aggrieved  engineer's  rulings 
or  suit  resulting  therefrom,  how  4690,  4701. 

Applicant  must  furnish  map  of  location  irri- 
gated lands  and  ditches  to  engineer's  office, 
when  4702. 

Application  for  injunction  in  water  suits, 
opposing  party  may  demand  bond  for 
damages  5195. 

Application  for,  water,  when  to  be  refused 
or  approved  4697. 

Application  to  state  engineer  to  appropriate 
or  divert,  contain  what  4695. 

Aportionment  of  benefits  from  sale  of  bonds 
irrigation  district,  divided,  how  4747. 

Appraisers,  how  appointed  to  set  valuation 
private  lands  appropriated  by  ditch,  flume 
builders,  when  4711. 

Appraisers  to  set  value  lands  private  own- 
ers when  appropriated  by  ditch  or  flume 
builders,  how,  when  4711. 

Appropriate  private  lands,  right  given  ditch 
and  flume  builders  4711. 

Appropriation  for  desert  lands  3150. 

Appropriation,  law  and  decisions  relating 
to  right  by,  note  preceding  section  4672, 
p.  1333. 

Appropriation,  what  waters  subject  to  4672. 

Appropriators  every  stream,  list  to  be  pre- 
pared by  state  engineer,  how,  when  4685. 

Appropriators  must  obtain  permission  state 
engineer  to  divert,  how  4695. 

Aqueducts,  injury  to,  penalty  6757. 

Artesian  wells,  bounties  for  702-717. 

Assessment  book  irrigation  district,  pre- 
pared, kept  by  whom  4755. 

Assessment  declared  on  irrigation  district, 
proportional,  notice  of  4747-4748. 

Assessment  erroneously  made  irrigation  dis- 
trict, corrected,  how,  when,  where  4756- 
4757. 

Assessment  irrigation  district,  how  and 
when  levied  and  collected  4755-4763. 

Assessment  may  be  levied  against  petition- 
ers asking  annexation  lands  to  irrigation 
district,  how,  when  4775. 

Assessment,  payment  of,  where,  to  whom 
made  4760. 

Assessment  preferred  lien,  when,  for  how 
much,  irrigation  district  4759. 

Assessment,  semiannual  statement  of,  made 
how,  when,  where  4767. 

Assessment,  special,  board  directors,  how 
levied,  by  whom,  when  4740. 

Assistant  state  engineer  appointed,  how,  sal- 
ary, duties  4682. 

Attorney-general,  member  state  board  of 
irrigation  4706. 

Ballots  for  election  irrigation  district  bonds, 
contain  what  4745. 

Ballots  irrigation  district  election,  by  whom 
counted,  disposed  of,  how  4730,  4731. 


2599 


INDEX 


Water 


Belonging  to  others,  paid  for  before  divert- 
ing to  irrigation  scheme  4790. 

Beneficial  use  3105,  4674.  See  Ownership, 
p.  1337. 

Beneficial  uses,  certain  water  subject  to  ap- 
propriation 4672. 

Bids  for  construction  work,  notice  of  given 
and  dispensed  with,  how,  when  4764,  4765. 

Board,  correction  for  adjustment  assess- 
ments, who  4757. 

Board  irrigation,  determine  number  and 
compensation  water  commissioners  4694. 

Board  directors  irrigation  district  to  file 
with  clerk  district  court  petition  confirm- 
ing their  action,  how,  when  4749. 

Bond,  for  damages,  may  be  demanded  by 
opposing  party  for  damages  if  injunction 
be  issued  in  water  suit  5145. 

Bond  fund  irrigation  district  created,  how 
4758. 

Bonds,  form  of,  irrigation  district,  what 
4746. 

Bonds  of  irrigation  district,  how  issued  and 
disposed  of,  when,  where  4745-4747. 

Bonds  irrigation  district,  may  be  withdrawn 
fiMin  s;il«>.  how.  when  4752. 

Bonds  irrigation  district,  officers,'  what,  how 
approved,  where  recorded  4727. 

Bonds  irrigation  district  redeemed,  how, 
when,  where  4754. 

Bonds  irrigation  district,  sale  of  authorized, 
by  whom,  when  4752. 

Boundaries  irrigation  district,  how  changed 
or  extended  4771. 

Boundaries  of  water  districts  fixed  by 
county  commissioners,  how,  when  4725. 

r.oniidary,  order  for  changing  irrigation  dis- 
trict made,  how,  when,  by  whom  4779. 

Bounties  for  artesian  wells  702-717. 

Canals,  acts  of  Congress,  pp.  1435,  1436.  See 
Ditches,  Rights  of  Way. 

Cancelation  of  permit,  when,  made  by  engi- 
neer 4697. 

Canvass  votes  and  election  irrigation  dis- 
trict officers,  how  conducted,  when,  where 
4725-4733. 

Canvass  votes  officers  election  district  made 
public,  how,  when  4732,  4733. 

Carey  act  lands,  state  engineer  agent  for 
state,  to  select,  compensation  3090. 

Certificate  building  ditch  or  flume  issued, 
how,  when  4710. 

Certificate  building  ditch  or  flume  recorded, 
where  4710. 

Certificate  election  irrigation  district  officers, 
how  and  by  whom  issued,  when  4729. 

Certificate  prior  rights  to  be  issued  to 
appropriators,  when  4689. 

Certificate  right  to  water  applied  for,  to  be 
issued  applicant  by  engineer,  when  re- 
corded, where  4703. 

Changes  in  boundaries  irrigation  district  re- 
corded, by  whom,  when,  where  4785. 

Changing  boundaries  irrigation  districts, 
accomplished,  how  4771-4786. 

Cities,  supply  of  for  794(5,  28,  29,  39-44). 

Claimants  right  to  use  water,  must  certify 
under  oath  to  state  engineer,  what  and 
when  4686,  4687. 

Claimants  to  ownership  of  appropriators  on 
streams,  supply  data  to  state  engineer 
4685. 


Commissioners,  apportion,  according  list 
priorities  4691. 

Commissioners,  interference  with  or  resist- 
ing, misdemeanor  4704. 

Commissioners,  state  board  of,  duties  and 
powers  4693. 

Company  may  condemn  right  of  way  2138. 

Compensation,  officers  and  directors  irriga- 
tion district,  what  4738. 

Compensation  paid  owners  private  lands 
when  appropriated  by  ditch  or  flume  build- 
ers, what  4711. 

Compensation  water  commissioners,  how 
fixed,  and  paid  by  whom  4694. 

Condemnation  of  lands,  how  proceeded  with 
secure  right  of  way  for  ditches,  waste 
ditches,  flumes  4712,  4714. 

Consolidation  irrigation  districts  effected, 
how,  when,  where  4786. 

Construction  work  and  acquirement  prop- 
erty for  irrigation  district,  how  contracted 
4764-4770. 

Contract  for  construction  work  irrigation 
district,  how  let,  published,  completed  4764. 

Cost  per  acre  state  land  within  irrigation 
district  improved  thereby,  what  4787. 

Costs  suit  brought  by  aggrieved  party 
against  engineer,  by  whom,  how  paid  4690, 
4701. 

Costs  survey  excluding  lands  from  irriga- 
tion district,  what  4784. 

County  commissioners  authorized  levy  tax 
for  payment  suits  commenced  prevent 
pollution  streams,  when  4717. 

County  commissioners  define  boundaries  of 
water  districts,  how,  when  4725. 

County  commissioners  may  examine  books 
irrigation  district  directors,  when  4744. 

County  commissioners  may  institute  suit 
prevent  pollution  streams,  when  4716. 

County  commissioners  order  election  to  de- 
termine consolidation  mining  districts, 
how,  when  4786. 

County  recorder  receive  and  record  certifi- 
cate appropriators'  rights,  fees  4689. 

Damages,  p.  1336. 

Dams,  injury  to,  penalty  6757. 

Damages,  action  for,  against  those  pollutL**fl*A<*1 
ing  streams,  what  4719. 

Debts,  power  to  incur  by  board  directors 
irrigation  district,  limited,  how  4741. 

Decree  for  indefinite  quantity,  p.  1337. 

Deed  lost  or  will  lost  affecting  water  rights, 
action  to  restore  5633,  5639. 

Defective  application  appropriator  for 
water  rights,  how  corrected  4695. 

Delinquent  list  of  assessments  published 
how,  when,  where  4761-4762. 

Desert  land  laws,  irrigation  requirements 
3150,  3154. 

Directors  and  officers  irrigation  district 
have  no  interest  in  contract,  when  4739. 

Directors  board  of  irrigation  district,  who, 
chosen,  how  4725. 

Districts,  boundaries  of,  fixed  by  county 
commissioners,  when  4725. 

Districts,  irrigation,  how  organized,  by 
whom,  when  4723. 

Districts,  irrigation,  in  existence  before  law 
creating  irrigation  districts,  governed,  how 
4791. 

Ditch,  claim  to  record  4712. 


Water 


INDEX 


2600 


Ditch  and  flume  builders  given  right  ap- 
propriate private  lands,  how,  when  4711. 

Ditch  and  flume  owners  entitled  undisturbed 
right  to  ditch  and  flow,  when  4712. 

Ditch  and  flume,  law  extends  to  ditches  and 
flumes  already  constructed  or  to  be  ex- 
tended 4713. 

Ditch  and  flume  owner  must  make  and 
record  certificate  of  construction  4710. 

Ditch  and  flume,  proportional  liability  for 
repair,  p.  3338. 

Diversion  unlawfully  considered,  what  4721. 

Division  or  districts  in  state  created,  how, 
by  whom  4693. 

Drainage,  p.  1336. 

Duties  state  engineer  designated  4679,  4681. 

Election  determine  changing  boundaries 
election  district,  held  how,  when,  where 
4778. 

Election  determine  consolidation  irrigation 
districts,  held  when  4786. 

Election  determine  irrigation  bonds  to  be 
issued,  conducted  how,  when,  where  4745. 

Election  directors  irrigation  district,  con- 
ducted how,  when,  where  4725-4734. 

Election  officers  by  board  directors  irriga- 
tion district,  how,  when  4734. 

Eminent  domain  granted  by  Nevada  to  irri- 
gation projects,  how,  when  4770. 

Eminent  domain  may  be  exercised  on  water 
rights,  when  5606. 

Erecting  or  maintaining  unlawful  structures 
in  streams  6752. 

Evidence  of  work  adduced  before  engineer 
4697. 

Exclusion  of  lauds  from  irrigation  district, 
how  accomplished  4782-4785. 

Existing  rights  to  be  respected  and  pre- 
served 4673. 

Expenses  state  engineer  and  assistants  paid, 
how,  what  4683. 

Failure  claimant  to  make  sworn  statement 
to  engineer  when  required,  punished  how 
4687. 

Federal  laws,  p.  1333. 

Fees  allowed  county  recorders  to  record  cer- 
tificates appropriators  issued  by  engineer, 
what  4689. 

Fees  and  charges  of  state  engineer  disposed 
of,  how  4698. 

Fees  collected  by  state  engineer  to  be  paid 
into  state  treasury  4698. 

Fees,  recording  certificate  of  engineer  to 
applicant  for  right  to  water,  what  4703. 

Financial  statement  board  directors  irriga- 
tion district  to  be  published,  how,  when, 
where  4742. 

Forests,  protection  of  to  preserve  water  sup- 
ply 2114-2119. 

Form  bonds  irrigation  district  recorded, 
where  4746. 

Form,  sample  of,  for  application  for  permit 
appropriate  water  4695. 

Franchises  for  2139. 

Guardians  and  administrators  may  sign 
petition  annex  land  to  irrigation  district 
4772. 

Governor  member  state  board  of  irrigation 
4706. 

Headgates  and  weirs  to  be  installed  by 
users,  how,  when  4707. 


Hearing  petition  for  annexation  lands  to 
irrigation  district,  set,  when  4774. 

Hearings  and  special  proceedings  confirm- 
ing report  irrigation  commission,  what 
4751. 

Highways,  injury  and  damage  to  by,  action 
•for  3024,  3045,  3046,  6757,  6770,  6771. 

Hydraulic  engineer  and  experts  may  be 
employed  by  court,  when  4690. 

Improvements  accruing  to  state  lands  in 
irrigation  district  appraised,  how  4787. 

Impure,  furnishing  for  domestic  use,  penalty 
6540. 

Injunction,  when  issued  in  water  suit,  bond 
for  damages,  may  be  required  5145. 

Injury  to  aqueducts  or  dams,  penalty  6757. 

Interest  and  irrigation  bonds,  how,  when 
paid  4753. 

Interest  on  irrigation  district  bonds,  how, 
when,  where  paid  4746. 

Interfering  with  commissioners  or  rules 
board  irrigation,  punished,  how  4704. 

Irrigating  season.  (See  Twaddle  v.  Winters, 
29  Nev.  88.) 

Irrigation  district  directors  to  submit  pro- 
posed plans  irrigating  district  state  en- 
gineer, how,  when  4745. 

Irrigation  districts  may  be  consolidated, 
how,  when  4786. 

Irrigation  districts,  officers'  duties,  powers, 
compensation  4734-4745. 

Irrigation  districts,  officers,  who,  chosen, 
how  4725. 

Irrigation  districts  organized,  how,  by  whom, 
when  4723. 

Irrigation  ditches,  duties  as  to  4724,  4725, 
4744. 

Irrigable  lands  and  ditches  to  be  platted  by 
engineer,  how,  when  4688. 

Issuance  and  sale  of  irrigation  district 
bonds,  conducted,  how  4745-4747. 

Instructions  and  forms  issued  by  state  engi- 
neer to  claimants  water  rights  4688. 

Land  excluded  from  irrigation  district  by 
whom,  how,  when  4782-4785. 

Land  ordered  annexed  to  irrigation  district 
must  be  described  4777. 

Lien  assessment  preferred,  when  on  irriga- 
tion lands  4579. 

List  of  priorities  of  appropriation  prepared 
by  state  engineer  4685,  4689. 

Levy  and  collection  assessments  irrigation 
districts  made  how,  when,  where  4755- 
4763. 

Levy  of  assessments  on  irrigation  lands, 
when  made,  how,  by  wrhom  4758. 

Map  and  plats  irrigable  lands  and  ditches 
applied  for  furnished  by  applicant,  when 
4702. 

Map  irrigation  district  lands,  provided  how, 
when  kept  4747. 

Maximum  quantity  water  allowed  to  be 
appropriated,  what  4676. 

Measurement  of,  what  deemed  standard  4677. 

Method  and  procedure  confirming  report  ir- 
rigation commission,  what  4750. 

Mining,  vested  rights  not  affected  by  irriga- 
tion projects,  when  4788. 

Notice  application  for  appropriation,  pub- 
lished when,  where,  at  whose  expense 
4696. 


2601 


INDEX 


\\ator 


Not  Ice  assessment  on  irrigation  district,  how. 
when,  where  given  4747,  474S. 

Notice  correction  of  assessment,  given  how, 
when,  where  47.1U.  47.~>7. 

Notice  creation  irrigation  district,  where 
published,  how  long  47-4. 

Notice  election  consolidation  irrigation  dis- 
tricts how,  when  given  and  published 
4786. 

Notice  election  directors  irrigation  district, 
given  how.  published,  how  long,  where 
472.".. 

Notice  election  irrigation  bonds,  issuance  of, 
how.  when,  where  given  4745. 

Notice  letting  of  contracts  for  construction 
work,  published  and  given,  how,  when, 
where  47<II. 

Notice  for  bids  construction  work  irrigation 
district  dispensed  with,  when  47< '»."». 

Notice  of  petition  to  annex  lands  irrigation 
district,  must  be  published,  how  long, 
when,  where  477:5. 

Notice,  publication  of.  relative  certain  mat- 
ters affecting  irrigation  districts,  made 
how.  when,  where  47s(.». 

Number  and  compensation  commissioners 
determined  how  and  paid  H'.'.tl. 

Oath  and  bond  stateengineer  approved,  how. 
amount  of  4680. 

Oath  claimant's  rights  required  4086. 

Obstruction  and  pollution  streams  not  al- 
lowed 471S.  471<;.  r,r,l7. 

Otlice  state  engineer  created,  salary,  quali- 
iications.  duties  4r,71». 

OHicers  irrigation  district,  how  chosen,  who 
4725. 

Order  changing  boundaries  irrigation  dis- 
tricts, made  how.  when,  by  whom  177'.». 

Order  changing  boundaries  irrigation  dis- 
tricts, recorded,  bv  whom.  when.  when> 
4780. 

Order  refusing  or  granting  petition  to  annex 
lands  to  irrigation  district  may  be  made 
by  directors  477(3. 

Organization  irrigation  districts,  how  and 
when  effected  4723. 

Overflow,  p.  1337. 

Ownership,  beneficial  use,  p.  1337. 

Owners  private  lands  to  be  compensated  for 
lands  appropriated  by  ditch  or  flume  build- 
ers, how  47 11. 

Parties  aggrieved  engineer's  action  refusing 
application  may  institute  suit  against, 
how,  when  4701,  461)0. 

Parties  aggrieved  engineer's  rulings  have 
right  of  action  4690,  4701. 

Patented  lands  subject  to  water  rights  and 
rights  of  way.  p.  1337. 

Payment  assessments  levied  irrigation  dis- 
trict must  be  made,  how,  when,  where 
4760. 

Payment  bonds  and  interest  irrigation  dis- 
trict paid,  how  4753. 

Payment  claims  against  irrigation  district, 
when  authorized  4766. 

Payment  expenses  acquiring  property  irri- 
gation district,  met  how  4767. 

Penalty  unlawfully  diverting  for  waste, 
designated  4722. 

Penalty  violations  of  law  polluting  streams, 
designated  4720. 


Percolating  waters,  p.  1337. 

Petition  annexation  adjacent  lands  irriga- 
tion district,  made  how,  by  whom  4771. 

Petition  and  order  changing  boundaries  ir- 
rigation district  recorded  in  minutes,  by 
whom,  when  4781. 

Petition  for  organization  irrigation  district, 
how  prepared,  contain  what  4724. 

Petitioners  desiring  annexation  of  lands 
may  be  assessed,  by  whom,  how,  when 
477.-.. 

Plans  of  headgates  and  weirs  to  be  supplied 
users,  when  4707. 

Plat,  measurement  of,  ditches  and  irrigable 
lands,  engineer  must  make,  when  4688. 

Pollution   of   streams   471<;-47L>0.   <;r>4<>,   (J547. 

Prescriptive  rights,  p.   i:>,:',7. 

Prior  or  existing  rights  to.  cannot  be  inter- 
fered with  by  ditch  or  Hume  builders 4712. 

Prior  right  to  unappropriated,  acquired,  how 
1678, 

Priority  of  newly  appropriated  rights,  to  be 
reckoned  from,  when  4703. 

Property  acquired  for  irrigation  district,  by 
whom.  how.  when  4735-4737. 

Protection  of  supply  by  forests  2119. 

Protest  may  be  interposed  to  appropriator's 
application,  when  4»»!M;. 

Powers  and  duties  board  directors  irrigation 
district  designated  1 7.".  I  I745. 

Publication  delinquent  assessment  list,  made 
how,  when,  where  17S'_>. 

Publication  notice  irrigation  district  certain 
purposes  4789. 

Publication  notice  to  petitioners  to  create 
irrigation  district  4724. 

Punishment  violations  act  to  appropriate  4705. 

Punishment  users  failing  to  install  headgates 
and  weirs  4709. 

Purity  of  streams  not  to  be  polluted,  how, 
when  4716,  4718,  6757. 

Qualifications  state  engineer  designated  4679. 

Qualifications  those  entitled  to  vote  to  create 
irrigation  districts  designated  4723. 

Quantity,  maximum  allowed  to  be  appro- 
priated 4676. 

Rates  chargeable,  p.  1337. 

Rates  may  be  fixed  by  public  service  com- 
mission 4533,  4535. 

Reclaiming  of  waters  mingled  with  stream 
allowed,  when  4715. 

Reclamation  act  lands,  right  appurtenant  to 
3105. 

Records  or  papers  certified  by  state  engineer 
admissible  in  evidence,  when  4699. 

Records  of  water  rights  lost  or  destroyed,  vali- 
dated, how  5630-5639. 

Redemption  of  irrigation  district  lands  and 
bonds,  made  how,  when,  where  4763. 

Redemption  of  irrigation  district  bonds  made, 
how,  when,  where  4754. 

Repair  of  ditches,  p.  1338. 

Reports  of  state  engineer,  to  make  to  whom, 
when  4684. 

Reservoirs,  3170-3172,  and  p.  1336,  and  sec- 
tions 4715,  4735. 

Resisting  or  interfering  witfrstate  engineer  or 
assistants  4704. 

Right  conferred  to  enter  and  appropriate  pri- 
vate lands  for  ditches  or  flumes  4711. 

Right  of  way  acquired  through  private  lands 
by  ditch  or  flume  holders  4712,  4714. 


Water 


INDEX 


2602 


Right  of  way  across  public  lands  3169,  3171, 

3172. 
Right  of  way  and  condemnation   for  waste 

ditches,  obtained,  how  4712,  4714. 
Right  of  way,  irrigation    ditches,    acquired, 

how  4768,  4769. 
Right  of  way,  public  lands  2401,  2417,  3169- 

1336. 

Right  of  way  over  state  lands,  irrigation  pro- 
jects, given  4769. 

Right  of  way  reserved  from  patents  2401,  3169. 
Right  to  use  depends  on  putting  to  beneficial 

use  3105,  4674;  see  note  preceding  4672. 
Rights,  action  to  restore  lost  will  or  deed  to 

water  right  5630,  5633,  5639. 
Rights,  eminent  domain  maybe  exercised  for 

4770,  5606. 

Rights,  vested  by  priority  of  possession  2401. 
Riparian  doctrine,  p.  1338. 
Rivers,    erecting    or    maintaining    unlawful 

structure  on  6752. 
Rule  determining  right  to  use,  what  4674, 

3105,  and  note  preceding  4672. 
Rules  issued  by  state  engineer  followed  by 

applicants  to  appropriate  and  divert  4695. 
Running  on  highway  3024,  3045,  3046,  6757, 

6770,6771. 

Salary  state  engineer  designated  4679. 
Sale   bonds   irrigation     district,   authorized, 

how,  when,  where  4752. 
Sale  delinquent  assessment  stock  irrigation 

district,  conducted  how  4762. 
Sawdust  not    allowed    deposited   in,  when 

4716,  4718,  6547. 
Schedule  of  acts  of  Congress,  p.  1333;  of  state 

statutes,  p.  1338. 
Seal  of  state  engineer,  how  provided,  contain 

what  4700. 
Secretary   interior   to    cooperate    with    state 

engineer,  how,  when  4681. 
Seepage  and  evaporation,  p.  1338. 
Standard  of  measurement,  what  4677. 
State  board  of  irrigation  created  4706. 
State  board  of  irrigation,  direct  expenditures 

irrigation  investigations  4706,  4692. 
State  board  of  irrigation,  state  engineer  mem- 
ber and  secretary  thereof  4692,  4706. 
State  board  commissioners  duties  and  pow- 
ers designated  4693. 
State  divided  into  districts  by  whom,  how, 

when  4693. 

State   engineer,   agent    for   state    to    select 
Carey  act  lands,  compensation  3090. 

Appoint  assistants  when,  salary  of,  duties 
4682. 

Bureau  of  industry  and  irrigation,  member 
of  commission  of  4486. 

Carey  act  lands,  agent  to  select  for  state, 
compensation  3090. 

Cooperate  with  secretary  of  interior  how, 
when  4681. 

File  report  on  plans  irrigation  district  sub- 
mitted to  him,  how,  when  4745. 

Furnish  plans  to  users  for  headgates,  weirs, 
how,  when  4707. 

Issue   certificate,  right  to    appropriate   to 
applicants,  when  4703. 

Issue  certificate  to  appropriators  and  county 
recorders  to  record  same,  when  4689. 

Issue  certified  copies  records,  to  whom  4699. 


State  engineer— continued. 

Made  defendant  by  applicant  how,  when 
4701. 

Make    measurement,  plat   of  .ditches  and 
irrigable  lands,  when  4688. 

Make  reports  to  whom,  when  4684. 

May  install  headgates  and  weirs,  if  users 
do  not,  when  4708. 

Member  and  secretary  state  board  irriga- 
tion 4692,  4706. 

Office  of,  created,  salary,  duties,  qualifica- 
tions 4679. 
Time  within  which  ditch  or  flume  must  be 

commenced    after    making   certificate    re- 
quired 4710. 
Time  within  which  headgates  and  weirs  must 

be  installed  4707. 
Time  within  which  owners  must  set  valuation 

on  lands  desired  by  ditch  or  flume  builders 

before  appraisers  will  be  appointed  4711. 
Time  within  which  parties  aggrieved  by  engi- 
neer's rulings  may  bring  action  4690,  4701. 
Time  within  which    parties  aggrieved    may 

bring  action,  reverse  or  modify  engineer's 

rulings  4701,  4690. 
Time  within  which  state  engineer  must  report 

on   plans  submitted  to  him   by  irrigation 

district  directors  4745. 
Tolls  in  irrigation  districts  levied,  how,  and 

collected  4767. 

Towns,  supply  of,  for  940-953. 
Unappropriated,  prior  right   acquired,  how 

4678. 

Underground,  rulings  of  state  engineer  rela- 
tive to  appropriating  4695. 
United  States  geological  survey  records  to  be 

consulted  by  state  engineer, 'when  4688. 
United  States  laws,  note  preceding  4672. 
Unlawful  diversion  and  use  of,  what  4721. 
Use  of,  existing  rights  thereto  to  be  respected 

4673. 
Use  of,  limited  to  beneficial  use,  when  4674, 

3105,  and  note  preceding  4672. 
Users,  association  3110. 
Users,  failing   install    headgates  and  weirs, 

punished,  how  4709. 
Users,  install  headgates  and  weirs,  how,  when 

4707. 
Usufructuary  right  to,  defined  4674,  3105,  and 

note  preceding  4672. 
Vacancies  office  directors  irrigation  district, 

filled  how  4729. 
Valid  appropriation,  p.  1338. 
Vested  mining  rights  in  irrigation  districts 

not  disturbed  by  irrigation  projects  4788. 
Vested  rights,  p.  1338.     See  Appropriation. 
Vested   rights    not   impaired   by    failure   to 

protest  against  appropriator's  application, 

when  4696. 

Waste,  unlawful  diversion  of  4722. 
Waste  ditches,  right  of  way  acquired  through 

private  lands,  how,  when  4714,  4712. 
Waste  of,  not  permitted,  when  4675. 
Water  right,  action   to  restore  lost  will  or 

deed  to  5633. 

Water  rights,  eminent  domain  may  be  exer- 
cised for  5606. 
Water  rights,  records  of,  lost  or  destroyed, 

validated,  how  5639,  5630. 
Water-users'  association  3110. 


2603 


INDEX 


Wife  or  child 


Water  company,  may  condemn  for  right  of 

way,  when  2138.     See  Water. 
Watercraft,  injury  or  interference  with  6756. 
Water  pipes,  public  utility,  refusing  to  con- 
nect 6844-6846. 

Wearing  dangerous  hatpin  6829,  6830. 
Weather  bureau,  annual  report,  to  make  4407. 
Central  weather  station  established  4405. 
County  auditors,  reporters,  to  be  4410. 
Director,  governor  to  appoint  4408. 
Director,  salary,  how  paid  4408. 
Monthly  report,  to  make  4408. 
Secretary  of  state,  necessary  stationery  to 

furnish  4407. 

State  printer,  printing,  to  do  4407. 
Stations,  volunteer,  instruments  for,  cost  of, 

state  property  4  J0<;,  1409. 
Weights  and  measures  47^*2-  1S27. 
Acre  and  square  mile,  defined  47t»s. 
Act  regulating  measurement  charcoal  4824- 

4827. 
Action  by  party  injured  under  act  fixing 

standard  4812. 
Appropriation  for  carrying  out  provisions 

weights  and  measures'  act  4823. 
Barrel  and  bushel  of  certain  commodities, 

weight  of  4802. 

Barrel,  contains  how  many  gallons  4800. 
Berries  and  fruit,  standard  measure,  what 

4806. 

Bread,  loaf  of, standard  measure, what  4803. 
Bushel  and  fractions,  standard  measure  of 

4801. 

Bushel,  standard  of  charcoal,  what  4824. 
Butter,  standard  package  of,  contain  what 

weight  4804. 
Charcoal,  act  regulating  measurement  of 

4824-4827. 

City  may  regulate,  794(50-51). 
Coal,  how  measured  and  weighed  4808. 
Congress  may  regulate  1  l">. 
Contract  as  to  weight  and  measure  various 

commodities,  construed  how  4810. 
County  surveyor,  duties  of  4826. 
Damages,    right   of    action    for   by    party 

injured  by  reason  of  act  4812. 
Defining -rod,  mile  and  chain,  what  4794. 
Definition   yard  and    fraction   as    unit   of 

measure  4793. 

Deputy  sealer,  obstructing,  penalty  4817. 
Director  Nevada   agricultural    experiment 

station,  official  sealer  of  weights,  duties 

4814-4815. 
District    attorney   to   prosecute    violations 

weights  and  measures  act  4813. 
Duties  county  surveyor,  defined  4826. 
Duty  sealer  prosecute  violations,  and  other 

duties  defined  4815. 
False  or  short  weight  unlawful,  punished 

how  4811-4812,  6708,  6709. 
Firewood,  standard  cord  of,  what  4807. 
Fruit  and  berries,  standard  measure,  what 

4806. 
Gallon  and  fractions,  unit  of  measure  and 

capacity,  defined  4799. 
Hogshead,  contains  how  many  barrels  4800. 
Metric  system  of  wreights  and  measures,  not 

barred,  when  4792. 
Milk    or    cream    or  liquids,  labeled,  how, 

weight  4805. 


Weights  and  measures — continued. 

Neglect  of  duties  of  sealer  or  deputies,  pun- 
ished, how  4819. 

Obstructing  sealer  or  deputy,  penalty  4817. 

Official  sealer,, who,  duties  4814-4815. 

Package  and  container,  defined  4821. 

Packages,  articles  and  merchandise,  labeled, 
how  4809. 

Penalty  to  obstruct  or  delay  sealer  or  dep- 
uties' in  discharge  of  duties  4817. 

Penalty  for  violating  the  act  pertaining  to 
charcoal  4827. 

Perch  of  mason  work  or  stone,  defined  4796. 

Person,  defined  4822. 

Pound,  avoirdupois,  ton,  ounce,  troy,  de- 
fined 4798. 

Powers  and  duties  of  sealer  and  deputies, 
defined  4816. 

Rod,  mile  and  chain,  definition  of  4794. 

Sealed  measures  kept  by  persons  dealing  in 
charcoal,  where  4825. 

Sealer  must  test  before  condemning,  pen- 
alty, what  1818. 

Sealer,  official,  who,  duties  4814-4815. 

Sealer  to  keep  records  and  report  to  gov- 
ernor, when  4820. 

Sealer,  powers  of,  defined  4816. 

Square  mile  and  acre,  defined  how  4795. 

Standard  bushel  of  charcoal,  what  4824. 

Standard  loaf  of  bread,  labeled,  how  4803. 

Standard  weights  and  measures  adopted 
4792. 

Terms,  defined  4821. 

Ton  of  coal,  standard,  what  4808. 

Ton,  ounce,  troy.  4798. 

Units  of  measure  gallon  and  fractions  4799. 

Units  of  standard  measure,  length  and  sur- 
face, what  4 7!»: 5. 

Units  of  weight,  what  4797. 

Weights,  short  or  false  on  commodities  sold, 
punished,  how  4811-4812. 

Wood,  measured,  how,  standard  cord,  what 

4807. 
Wharves,  eminent  domain  may  be  exercised 

for,  when  5606. 
White  Pine  County,  creation,  boundaries  and 

seat  1486-1488. 
"White  slavery."     See  Houses  of  Prostitution 

6445. 

Widow.     See  Estates  of  Deceased  Persons, 
Husband  and  Wife. 

Estate   of,  heirs  of  deceased  husband   to 
inherit,  when  6140. 

Estate  not  exceeding  $500,  set  apart  to  5961, 
5962. 

Exemptions  allowed  to  2165,  3621. 

Homestead,  may  retain  5956. 

Rights  under  federal  homestead  law  3130, 

3131. 

Widower,  estate  of,  heirs  of  deceased  wife  to 
inherit,  when .6141. 

When  entitled  to  damages  for  wife  5650. 

Wife,  rights  and  liabilities.    See  Husband  and 

Wife,  Civil  Practice,  Married  Woman. 

Homestead  not  to  be  alienated  without  con- 
sent of  288,  2160.     See  Homestead  2142- 
2150. 

Separate  property  of,  defined  289,  2155. 
Wife  or  child,  abandonment  of,  penalty  6446. 
Wife  or  child,  failure  to  support, penalty  6481- 

6483. 


AM  Id  cat 


INDEX 


2604 


Wild  cat,  bounty  for  718-722. 

Wild   duck    and  other  birds,   game,   closed 

season  for  2089. 
Wild  game.     See  Game. 
Wills,  advancement  considered  in  distribution 

6120-6124. 

Advancement,  court  to  determine  6089. 
Advancement,  effect  of  6218. 
After-acquired  property,  how  affected  by 

6221. 
After-born  children,  share  in  estate  6215, 

6218. 
Agreement  of  testator  to  convey  devised 

property  6213. 

Attestation  of  witnesses  6204. 
Bond  or  agreement  to  convey  devised  prop- 
erty, effect  on  6213. 
Cancelation  of  second  does  not  revive  first, 

exception  6210. 
Certified  copy  of,  to  be  admitted  in  evidence 

5877. 

Children  born  after,  effect  on  6215,  6218. 
Children  or  issue  of,  when  unprovided  for 

6216,  6218. 

Codicil  included  in  6222,  5475. 
Competency  to  make  6202. 
Contest,  in  probate  of  will,  issue  of  fact, 

how  tried  5874. 

Contest,  who  may  make  5872,  5874. 
Conversion,  not  applicable  to  1070. 
Creditor  as  witness  6205. 
Debts  not  affected  by  6202,  6005. 
Delivery  for  probate  5859-5861. 
Decedents  of  devisee,  inherit  share  of  6219. 
District  court,  powrer  to  .probate  4849. 
Estates  settled  according  to  6005. 
Executor,  present  for  probate  5859. 
Executor,  renunciation  of  trust  5860. 
Foreign,  probate  5878,  5879. 
Gifts  or  grants,  when  deemed  advancement 

6122. 

Guardian  named  in  6150,  6161. 
[Holographic  2223-2225. 
*  Holographic,  how  made  and  executed  6224. 

Proved  as  other  wills  6225. 

Validity  of  6223. 

Witnesses  not  required  6224. 
Implied  revocation  6209. 
Inheritance  by  decedent  of  devisee  6219. 
Invalid,  may  not  be  validated  by  special 

law  (Const.)  278. 
Land,  devise  of  construed  6220. 
Lost  or  destroyed,  probate  5880-5882. 
Marriage,  effect  on  6211,  6212. 
Married  woman,  power  to  make,  alter  or 

revoke  6203. 

Mortgage  not  revocation  6214. 
Neglect  to  file  5861. 
Nuncupative  6204,  6206,  6208. 
Nuncupative  will,  contest,  who  may  make 
6208. 

Estates  of  $1000  or  less,  limited  lo  6206. 

Notice  of  probate  6208. 

Probate  of,  procedure  6208. 

Proof  of  6206,  6297. 

Three  months  for  proof  6207. 

Witnesses  to  6206. 
Order  for,  production  5864,  5865. 
Persons  competent  to  make  6202. 
Petition  for  probate  5860. 
Probate  of  5857-5893. 


Wills— continued. 

Probate,  petition  for  5865. 

Probate,  proof  5871. 

Probate,  proof,  sufficiency  of  5873. 

Probate,  who  may  petition  for  5862,  5863. 

Production  required  5954. 

Proof  of,  to  have  court  seal  affixed  4879. 

Provisions  for  debts  or  expenses  6005,  6202. 

Refusal  to  produce,  penalty  5865. 

Eequisites  of,  valid  6204. 

Revival  of  earlier  6210. 

Revocation,  how  affected  6509. 

Revoked  by  marriage  6211,  6212. 

Sale  of  property  authorized  by  6006,  6007. 

Schedule  of  sections  relating  to  6202. 

Statute  of  frauds  not  applicable  to  1070. 

Subscribing  witness,  subpena  for  6870. 

Testamentary  capacity  6202. 

Who  may  make  6202.' 

Witness,  provision  in  favor,  when  void  6204. 

Witnesses,  attestation  of  6204. 
Winzes,  in  mines,  to  be  protected  4221. 
Withdrawal    of  papers    from  court  records, 

permission,  how  obtained,  rulexix,  p.  1428. 
Witness.     See  Civil  Practice  5419-5449,  Crim- 
inal Practice  7348-7384,  7451-7456. 

Accepting  bribe,  penalty  6322. 

Accused,  not  required  to  be,  against  self  237, 
6857,  7161,  7451. 

Attorney,   client   or    attorney's    secretary, 
when  not  to  be  5425. 

Fees  of  2000,  2012,  2038. 

Fees  of,  may  be  demanded,  when  5431. 

Husband  or  wife,  against  other  5422,  5424, 
7452. 

Judge  or  juror  may  be  called  as  5429. 

Physician  as,  when  5427. 

Prisoner  may  be,  when  7349,  7363,  7459. 

Religious  belief,  not  to  disqualify  233. 

Subpena  issued  for,  how  5432. 

Sworn,  refusal  to  be  or  answer,  contempt, 
punished,  how,  when  5394. 

Treason,  two  required  for  conviction  248. 

Unreasonable  detention  forbidden  235. 

Who  may  be  5409-5424,  5842,  5874. 
Witness  fees,  attorney  in  case  not  entitled  to 
2038. 

In  civil  action,  to  be  taxed  as  costs,  affidavit 
2012. 

In  civil  cases,  to  be  taxed  as  costs,  affidavit 
2000. 

In  counties  polling  over  450  votes  2012. 

May  be  recovered  as  costs  although  not 
actually  paid  5387. 

Not  to  be  allowed  for  more  than  two  wit- 
nesses to  same  fact  2012. 

When  paid  garnishee  5189. 

When  not  over  450  votes  in  county  2000. 
Wolf,  bounty  for  718-722. 
Woman,  attempting  to  produce  miscarriage 
6405. 

Forcing  to  marry,  conviction  for  operates 
as  divorce  6444. 

Slander  of  6434-6436. 
Women.     See  Husband  and  Wife  2155-2194. 

Eligibility  to  school  offices  371. 

Sole  trader  act  2190-2194. 
Woman's  Christian  Temperance  Union  1434- 

1439.     See  Corporations. 
Wood.     See  Forests. 


2605 


INDEX 


Y.  M.  C.  A. 


Woodchoppers  have  right  of  action  and  lien, 

when  2230. 

Woodcock,  closed  season  for  2089. 
Words  and  terms,  civil  practice  act,  defined 

5475. 
Words  and  terms,  crimes  and  punishment? 

act,  defined  6294. 

Words  and  terms,  criminal  practice  act,  de- 
fined 7457. 

Workhouses,  city  and  town  794(77) 
Workhouses,  county, may  be  established  2924. 
Working  domestic  animals  without  consent, 
*  penalty  6744. 
Workman,  defined  1916. 

Injured,  entitled  to  recover  compensation 
1915,  1924,  1925, 1932,  1938.  See  Employer 
and  Employee. 

Worship,  freedom  of  religious  guaranteed  233. 
Writing,  defined  6294(8). 
Writing,  instruments  in,  larceny  of  6645. 
Writings,  inspection  and  proof  of  5416-5418. 

See  Civil  Practice. 
Lost,  contents,  how  proved  5417. 
Public  or  private,  admission,  inspection  or 

proof  of  5408-5418.     See  Civil  Practice. 
Writs,  action  in  requiring  various  kinds  of, 

procedure.     See  Civil  Practice. 
Assistance,   issued    how,  when,  by   whom 

4843. 

Attachment,  issued  how,  when,  by  whom 
4870,  5150-5153, 5751, 5752, 5800, 3856.  See 
Revenue. 

Certiorari,   issued    how,  when,   by    whom 

4s:;i,    4S40,   5684-5686,   5690,   4843,   5711. 

District  court  or  judge,  what  may  issue  321, 

4840,  4843. 
Election,  issued  how,  when,  by  whom  2787- 

2798 (U.  S.  Const.  91) .    See  Elections. 
Error,  rules  xviii-xxii,  pp.  1424,  1425. 
Error,  bankruptcy  567. 
Execution  1651,  5281,  5289. 
Garnishment  5171-5272,  5190. 
Habeas  corpus, issued  how, when,  by  whom 
(Const.)  234,  319,  4834,  6226.  See  Habeas 
Corpus. 


Writs — continued . 

Injunction,  issued    how,  when,   by  whom 

4840,  5145. 

Mandamus,  issued  how,  when,   by  whom 
(Const.)  319,  1710,  1712,  5701-5711,  5694- 
5699,  4834. 
Or  summons,  when  "process"  if  issued  in 

judicial  proceedings  5475. 
Prohibition,  issued  how.  when,  by  whom 

(Const.)  319,  5708-5711,  4840. 
Quo  warranto,  issued  how,  when,  by  whom 
(Const.)  319,  4834,  4840,  4844,  5656-5682. 
Restitution,  issued  how,  when,  by  whom 

5605. 

Service  of  1648-1651,  5150. 
Supreme  court,  what  may  issue  320,  3191, 

4834. 

When  may  be  served  by  telegraph  5371. 
Written  instruments,   fraudulently  or  mali- 
ciously injuring  or  destroying,  penalty  6671. 
Written  instruments  copied  in  answer  deemed 

genuine  unless  denied  by  affidavit  5063. 
Written  instruments  when  deemed  admitted 

5062,5770. 
Wrongful  act,  action  for  damages,  by  whom 

may  be  brought  5647,  5652. 
Wrongful  act,  death  by  5647. 
Wrongful  act,  death  by,  judgment  for  dam- 
ages not  liable  for  debts  5648. 
Wrongful    act,  death  or  injury  by,  contract 
for  insurance,  indemnity   or  relief  benefit 
will  not  bar  recovery  5652. 
Wrongful  act,  jury  may  give  damages,  pecu- 
niary and  exemplary  5648. 


Yeas  and  nays,  in  legislature,  to  be  entered 

at  desire  of  three  members  272. 
To  be  entered  on  final  passage  of  bill  in 

legislature  276. 
To  be  taken  in  each  house  on  amendment 

to  constitution  383. 
Two-thirds  of  each  house  necessary  to  pass 

bill  over  governor's  veto  293. 
Young  Men's  Christian  Association,  property 
exempt  from  taxation,  when  3842. 


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